0132 BOSTON STREET - BUILDING JACKET a-
No. 153L-2
HASTINGS. MN
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MCGREGOR.T%-LOCUST GROVE.GA
U.S.A.
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DECISION ON THE PETITION OF JOSEPH KARAGEZIAN FOR A VARIAPft
ATi132 BOSTON'573(B-2
A hearing on this petition was held May 30, 1990 with the following Board
Members present: Richard A. Bencal , Chairman; Edward Luzinski , Vice Chairman;
Mary Jane Stirgwolt, Acting Secretary and Richard Febonio. 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, owner of the property, is requesting a Variance from lot coverage
to allow an existing deck and a Variance from minimum width of driveway to
allow driveway to be eleven. (11 ) feet. Said property is located in a B-2 zone.
The Variances which have 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 or 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 or the purpose of the Ordinance.
The Board of Appeal , after careful consideration of the evidence presented at the
hearing, and after viewing the plans, makes the following findings of fact:
1 . The existing building contains two apartments and an upholstery business.
2. The petitioner stated there is adequate parking for three cars on the site.
3. The decking and stairway provide the second means of egress from the
residential unit.
4. Because of -the location of the primary egress and the siting of the building
on the lot, there is no adequate alternate location for the secondary egress.
5. An abutter spoke in favor of the petition.
6. No opposition to the petition was expressed.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property
but not the district in general .
J
DECISION ON THE PETITION OF JOSEPH KARAGEZIAN FOR A VARIANCE
AT 132 BOSTON ST. , SALEM
page two
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship to the petitioner.
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, 4-0, to grant the
relief requested, subject to the following conditions:
1 . All construction be done as per all City and State Building Codes.
2. A legal Building. Permit be obtained.
3. All construction and dimensions be in strict accordance with the
plans submitted.
4. All requirements of the City of Salem Fire Department relative to smoke
and fire safety are to be strictly adhered to.
GRANTED
Mary Ja rgwo t, Act!nVSecretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal from this decision,if any,shall be made pursuant to Section 17 of
the Mass. General Laws,Chapter 808,and shall be filed within 20 days
after the date of filing of this decision in the office of the City Clerk.
Pursuant to floss. General Laves, Chapter 803,section 11,the variance
or °psoial Permit granted herein shall at take effect until a copy of the
decision, te.•ring the certification of the City Clerk that 20 days have
elapsed and no appeal has been filed,or that, if such appeal has been
filed,that it has been dismissed cr denied is recorded in the South Essex
Registry of Deeds and indexed under the name or the owner of recey�Ed W o
is recorded and noted on the owner's Certificate of Title. -� x
BOARD OF APPEAL co
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