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4 ALLEN STREET - BUILDING JACKET CITY OF SALEM, MASSACHUSETTS a. PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 June 16, 2005 To Whom it May Concern RE: 4 Allen Street The lot at 4 Allen Street is only 3619 square feet. This is well below the State minimum and City of Salem minimum of 5000 square feet to establish a grand fathered buildable lot. Therefore, the classification as non-buildable is accurate. Si erely, j �u�,�7s`)�rJ Thomas St. Pierre Zoning Enforcement Officer 1 +` (9itg of *Ulrn , Anesuchuse##s SFr 19 q 01 PM '88 Z9 Pparb of Appeal FILE# Q^um. PITY CLEAR,EALHN. NA�i. DECISION_ON_THE PETITION OF DEAN BOUCHER FOR A VARIANCE AT 4 ALLEN STREET7(R-2) CLART REALTY CORP. OWNER OF THE PROPERTY A hearing on this petition was held August 24, 1988 with the following Board Members present: James Fleming, Chairman; Messrs. , Luzinski, Nutting and Associates Dore and LaBrecque. Notice of the hearing was sent to abutters and others and notices of the hearing were properly advertised in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner, owner under agreement, is requesting a Variance from density and setbacks to allow construction of a two family dwelling in this R-2 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 involve substantial hardship', financial (Sr otherwise, to the petitioner, c. desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district of the purpose of the Ordinance. The Board of Appeal, after careful consideration of the evidence presented, and after viewing the plans, makes the following findings of fact: 1 . Lot area is 3,516 square feet whereas the minimum lot area in an R-2 zone is 15,000 square feet; 2. There is no existing dwelling unit on the property which is located in a congested area; 3. Petitioner, who did not own the property, proposed the construction of a two family dwlling on the land; 4. Councillor George Nowak was opposed to the proposal; 5. Nearby homeowners and abutters petitioned the Board to grant the variance; 6. One abutter spoke in favor; 7. Petitioner failed to demonstrate substantial hardship. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: DECISION ON THE PETITION OF DEAN BOUCHER (PETITIONER) FOR A VARIANCE AT 4 ALLEN ST. (R-2) PROPERTY OWNED BY CLART REALTY CORP. page two 1 . Special conditions do not exist which especially affect the land, building or structure involved and not the district generally; 2. Literal enforcement of the Ordinance would not involve a substantial hardship to the petitioner; 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted 1 to 4 (Mr. Fleming voted in favor) against the granting of the requested variance, therefore the variance is denied. VARIANCE DENIED Peter.Dore, Member, Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK APPEAL FP,T:1 THIS DECISION, IF ANY, SHALE BE MADE P'1R'^ANT TO SECTOR 17 OF THE Mr^S• Gc R4L L v ,PiEfi SA:'(C S _i F F'l CD IN .H �" GAYS AFTER I,.- CATE OF FLING . „ :.LE d U: r I 1 r I A T h _.i. fiCf' THE S ' `cv - Ti DDi JJA E nE � Fc_' 'c ' r Oct', OF RECURU OR I$ RECORDED AND NUTLO ON THE OVJivcRS LERTIFLO�!E OF LT E n' 6OAR4 OF APPEAL; ofttlem; � ttsstzdtusett� \ Bonra of ^Aupeal 3 rC DECISION ON THE PETITION OF CLART REALTY TRUST FOR A VARIANCE AT 4 ALLEN STREET, (R-2) . _ I A hearing on this petition was held July 21, 1992 with the following Board Members present: Francis Greaiish Jr. , Chairman; George Ahmed, Edward Luzinski, Stephen Touchette and Stephen O'Grady. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. The Board of Appeal, at the request of the petitioner's Attorney, George Vallis, voted unanimously 5-0 to grant leave to withdraw this petition for a Variance to allow construction of a single family dwelling in this R-2 district. GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE July 21, 1993 Steph n Touchette, Vice Chairman Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK. �"o'�A� Ctg of 't5ttlem, ttsstttllusetts Paurb of �ppett1 ��rN1ML Jv, 26 2 21 PH '86 DECISION ON THE PETITION OF DEAN B0UCHER FORS# VARIANCE AT 4 ALLEN STREET, SALEM IM A hearing on this petition was held on July 20, 1988 with the following Board Members present: James M. Fleming, Chairman, Messrs. , Bencal, Nutting, Luzinski, and Strout. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner is requesting a Variance from density and setbacks to allow construction of a two family dwelling in this R-2 district. Attorney John G. Vallis, 1 Church St. , Salem, representing the petitioner requested Leave to Withdraw Without Prejudice. The Zoning Board of Appeal voted 4-0 to allow petition Leave to Withdraw Without Prejudice. i *JsM. Fleming, Chai ' A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK APPEAL FROM THIS DFCISf^N, 1° ANY, SHALL RE 6'A0E PUCSUANT TO SECTIDN 17 OF THE 61455 GE lRAL l/' S g i 1, I; ,:. :TF :! 2p pA6'S P-ATE OF RLING OF T''?i$ 11FIR THS P i .,.,.. IN li ( Cli'1' T Yi ^.A'l i. REW;HD F LES J LD:YE9 Lich l ';f i�E C,LvER OF RECORD OR IS RLCORDED AND NJHD Of, THE L)WNER'S CERTIFICATE Or TITLE. BOARD OF APPEAL