BOA DECISION, VARIANCE 1/14/1987 8 RESID. r T'�M21t.1
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DECISION ON THE PETITION OF THE CITY OF SALEM FOR VARIANCESITI
FOR 5 SCHOOL ST. (R-2) SALE NMASS.
A hearing on this petition was held January 14, 1987 with the following Board
Members present: James Hacker, Chairman; Richard Bencal, Secretary; Messrs. ,
Fleming, 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 use and density to allow the creation f
of eight (8) residential units in this R-2 zone.
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 involve 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; � !
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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, the former Cogswell School is fast becoming
in disrepair and if left vacant much longer would pose a health and
safety problem;
2. The proposed residential units will add to the value of the City and
in particular the neighborhood near the property;
3. Support of the plan was voiced by neighbors, abutters and others;
4. The City has met on numerous occasions with neighbors, abutters and E
others in an attempt to find the proper use for this building. h
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 affect the subject property but do not
affect the district in general;
2. Literal enforcement of the provisions of the Zoning Ordinance would work
a substantial hardship on the petitioner;
3. The relief request 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.
- DECISON ON THE PETITION OF THE CITY OF SALEM FOR VARIANCES
FOR 5 SCHOOL ST., SALEM
+4 page two.
"z1 Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Variances
request, subject to the following conditions:
1 . A solid wood fence be constructed on the full length of the southerly
side of the property;
* =' 2. Sixteen (16) parking spaces be maintained on site;
3. The corner of the 'property on Buffum and School Streets must be
maintained as a green or open space as shown on the plans submitted;
4. A Certificate of Occupancy for each unit must be obtained;
5. All Salem Fire Department regulations relative to fire safety must be
adhered to;
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6. All construction and renovations must be done in accordance with all
City and State codes;
7. The developer of the project must bear the cost of the filing fees to
the Board of Appeal prior to the issuance of a Building Permit;
8. The conditions of the Salem City Council in an order dated
August 7, 1986 as presented and/or amended must be adhered to;
9. The developer must continue the neighborhoodreview process currently
established, to include a meeting prior to commencement, a second
meeting approximately on completion of fifty percent (50%) of the
construction and a third meeting no later than one year after the start
of construction. Said meetings are to be coordinated by the City Planner;
10. The existing right of way be maintained in perpetuity; _
11 . Correct street number be obtained from the City Assessor.
VARIANCES GRANTED
Richard A. Bencal, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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