39 BARR STREET - ZBA I
cat
Legal Notice
i I n CRY OF SALEM
C BOARD OF APPEAL
1! 978-7959595,Ext.361
will hold a public hearing for all par-
sons interested in the petition submit-
led by JOSEPH GAGNON requesting
a CVariance from off-street parldng reg-
ulations to allow parking for one
Iautomobile in the front yard for the
property located at 39 Ban Street R-2.
Said hearing will be held on Wednes-
50 da)t November 16,20&,at 6•.30 p.m.,
f A. 120 Washington Street, 3rd floor,
,the Room 313.
:tvd _ Nina Cohen,Chairman
( (11P2,9)
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CITY OF SALEM9 MASSACHUSET' LE RK'S OFFICE'%LEH. MA
BOARD OF APPEAL �-
120 WASHINGTON STREET, 3R0 FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 2OOS DEC - I A 10: 0U
MAYOR FAX: 978-740-9846
DECISION ON THE PETITION OF JOSEPH GAGNON REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT 39 BARR STREET R--2
A hearing on this petition was held on November 16,2005, with the following Board
Members present: Nina Cohen, Chairman, Richard Dionne, Nicholas Hellides, Robin
Stein and Edward Moriarty. Notice of the hearing was sent to abutters and other and
notices of the hearing were properly published in the Salem Evening News in
accordance with Massachusetts General Laws Chapter 40A.
The petitioner is requesting a Variance from off-street parking regulations to allow
parking for one automobile in the front yard, setback parking space to be located on left
side of front yard for the property located at 39 Barr Street located in an R-2 zone.
The Variance which has been requested may be granted upon a finding of the Board
that:
a. Special conditions and circumstances exit which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings or
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. Petitioner Joseph Gagnon appeared and represented himself at the hearing.
2. Petitioner indicated a desire to add a proposed parking space on the front lawn of
the premises at 39 Barr St, 9'wide by 18'long.
3. Petitioner suggested that this parking space would allow one motor vehicle off-
street parking in connection with the use of said 39 Barr St. as a residential
dwelling.
4. Petitioner conceded that the issue of parking, off-street vs. on-street, was a
matter of convenience for the residents of said premises at 39 Barr Street.
5. Petitioner indicated that the property in question was a small lot, that the lot was
narrow, and that the premises in question were set back some 26'from the
sidewalk.
I
DECISION ON THE PETITION OF JOSPEH GAGNON REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 39 BARR STREET R-2
page two
6. The Petitioner indicated that a curb cut would be required for access to the
parking spaces.
7. In response to concerns of the Board, Petitioner conceded that one on-street
parking space would be lost in return for one off-street spaces.
8. Petitioner acknowledged in response to concerns of the Board that the parking
space would decrease the amount of green space and open space on the small
lot in question.
9. The Board also expressed concerns about the location of the parking
immediately abutting lot 1, on Petitioner's plans for the 39 Barr Street premises
submitted herewith.
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 do not exist which especially affect the subject property and not
the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would not result in
unnecessary hardship to the petitioner.
3. The relief requested cannot be granted without substantial detriment to the public
good or without nullifying and substantially hardship derogating from the intent of the
district or purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted 3 in favor and 2 in apposition to grant the
requested variances. Having failed to garner the four affirmative votes required to pass,
the motion is defeated and the petition is denied.
VARIANCE DENIED
NOVEMBER 16, 2005 r
�WLI I &&4
dward Moriarty Cs�-�
Board of Appeal
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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 MGL
Chapter 40A and shall be filed within 20 days after the date of filing of this decision in the
office of the City Clerk. Pursuant to MGL Chapter 40A, Section 11, the Variance or
Special Permit granted herein shall not take effect until a copy of the decision bearing
the Certification of the City Clerk that 20 days have passed and no appeal has been
filed, or that, if such appeal has been filed, that it has been dismissed or denied is
recorded in the South Essex Registry of Deeds and indexed under the name of the
owner of record or is recorded and noted on the owners Certificate of Title.
Board of Appeal
CITY OF axis tr M�SECBIISETTS
CI i " JF QALEM, M
CLERK'S OFFICE' BOA= OF APPEAL
2 e e
2865 OCT 21 A 9: b
To Tee l�OlieD to af!rsaia � �
The U!d d represent that he/she is/are the owners of a certain parcel of land located at:
�S`f !�A P 2 Sl� tweet; Zoning Dishiat
and add parcel is diected by soman(a) of the mautahusetls Efate Building Code.
Plana desoibing the work proposed have been submWed to the Inspector of Buildings in accordance with Section M
A.I of the Zoning Ordinance. _
The Application for Permit was denied by the inspector of Buildings for the following reason(*
Aff eq
The Undersigned hereby peddons the Board el Appeal to vary the terms of the to > �gObd in as tiled, or the
ance and/or the
SnSdinq Code and order e btspecter of Buildings to approve the Application fas P
enbraemssd of said Zonbng By4mrs and Building Code would involve pradloal d9bulty or unnecessary hardship to
the Undersigned and rMd may be granted without subahntlalky derogating Aum the intent and Purpose of the
Zoning C)rdimmos and building Code for the following reasons:
���ie� q (/.E1 R/��✓�.e �/ze'�-r D�� S�:e e` �2Ki�v�
)°� "/,4 i a�✓s /J�/o6. P 2�i:� /,OR ogre `
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gA<
-7ae-6P Loc-47d oAV le10-1
(PLEASE PRINT)
Owner: �A�j {� Petitioner.
Address: Address: —3 22 e
Tel.No. TaL No.
ey;
Tbis anginal appoosticn must be Sled with the City Clerk. A me" oopy of this petition will be returned to
peNoaar at the tone of A&g WI&do City Clerk, to than be bled with the Sea utery of the Board of Appeal . four
weals prior to do maatlng of the board of Appeal, along with a aback for advertising in the amount of
made payable to the Valero Bvening News`.
dw 'a AI33�8
a� b S :E d 11 JnV SUOl
Ijjg DNIpne.
CM CLERK