291 JEFFERSON AVENUE - CARTER, JOSEPH - ZBA I
291 Jefferson Ave.
Joseph Carter
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DECISION ON THE PETITION OF RAYMOND PINAULT FOR VARIANCES
FOR 291 JEFFERSON AVE. AND 99 LAWRENCE ST.
A hearing on this petition was held January 15, 1986 with the following Board
Mefibers present: James Hacker, Chairman; Messrs. Ch nal,,,Lu and Associate
Members Bencal and LaBrecque. . Notice of the hear-w Ns k�r16 t1 abutters and
others and notices of the hearing were properly pU �ished in the Salem Evening•
News in accordance with Massachusetts General Law Lpter 40A. ,
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Petitioner, the owner of the property, requests permission tbide his property
into two lots as shown on a plan submitted to the Board, simultaneously he
requests variances for proposed Lot 1B as to lot area, lot width, and front yard
requirements, and variances for proposed lot 2B as to lot width, area, front and
side yard requirements. Property is located in a B-1 district.
The Variance which has been requested may be granted upon a finding of the Board
that:
a. special conditions and circumstances exist which especially affect
the land, building or structure involved and which are not generally
affecting other lands, buildings, and structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would in-
volve substantial hardship, financial or otherwise to petitioner; and
c. desirable relief may be granted without substantial detriment to the
public good and wihtout nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after hearing the evidence presented at the hearing and
after viewing the plans presented, makes the following findings of fact:
• 1 . No neighborhood opposition was presented to the plan;
2. The topography of the land is such that development of the
property is not feasible under the terms of the Ordinance;
3. There are changes in elevation which make it necessary to locate
the proposed building as shown on the plans.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows;
1 . Special conditions exist which especially affect this property but do
not generally affect other lands, buildings and structures in the
same district;
2. Literal enforcement of the Zoning Ordinance would involve substantial
hardship to the petitioner; and
DECISION ON THE PETITION OF RAYMOND PINAULT FOR VARIANCES
FOR 291 JEFFERSON AVE. AND 99 LAWRENCE ST. ,' SALEM
page two
3. The relief requested can be granted without substantial detriment
to the public good and without nullifying or substantially derogating .
from the intent of the district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
relief requested, provided that:
1 . On site parking be provided as per plans submitted to the Board;
2. The petitioner makes all necessary permit applications relative to
the installation of automatic smoke detectors;
3. A Certificate of Occupancy be obtained.
Scott E. Charnas, Secretary
A COPY OF THIS DECISION AND PLANS HAVE BEEN FILED WITH THE PLANNING BOARD AND
THE CITY CLERK
A�7:Ai FROM THIS DECISION If A.tly, SHALL BE N' ADE1 PUI SJ,O DMS AF7ER'HE C'";L CF FIiC:o .
GENERAL LAWS CHAPi c' 8 8 AND SHALL 6E ^li -
SE:.TICN 11. THE VA•MA E Si" IA P'-
Of TF!iS DEC;&JFI It+ THE �'`FICE OF THE CITt CLERK. `)LCISI ;E i.( '
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APPROVAL UNDER SUBDIVISION CONTROL LAW
NOT REQUIRED
SALEM PLANNING BOARD _
4 .3 4 79'
S25-04- 00W
SUBDIVISION PLAN GF LAND t
_ BOSTON a MAINE CORP. (BOSTON DIVISION )
SALEM, MASSACHUSETTS ,
RAYMOND O. PINAULT
0� SEPT. 1985 1
: I°ALE = -
DATE SALEM BOARD OF APPEALS � SC
CARTER &TOWERS E✓NGINEEPoN� CORP]
6 FAIRVIEW AVENUE
SWAMP SCOTT, MASSACHUSETTS 01907
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