50 BARR STREET - ZBA (2) 50 BARR STREET -
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�i Legal Notice
2' . CITY OF SALEM
9f BOARD OF APPEAL
7459595 Ext.381
10 Will hold a public hearing for all
-persons interested in the petition sub-
mitted by JAMES D'AMICO request-
''mg a Variance from height,number
of stories and lot area per dwelling
"unit &a Special Permit to allow
three dwelling units in an R-2 dis-
trict for property located at 50 BARR
STREET,R-2.Said hearing to be held
WEDNESDAY, APRIL 24, 2002 AT
"0:30 P.M., 120 WASHINGTON
t TREET,3RD FLOOR.ROOM 313.
Nina Cohen
Chairman
(4/10,17)
b:
n�
.�o CITY OF SALEM9 MASSACHUSETTS CIT
`$ k - BOARD OF APPEAL CLY �F S Er
120 WASHINGTON STREET, 3RD FLOOR �KI��S Cj�C- ^ tid
SALEM, MA 01970
,���hlrle TEL. (978) 745.9595
FAX (978) 740-9846
STANLEYMJ.AYOR
VICZ, JR. POj MAY _ A /a tag
E
DECISION ON THE PETITION OF JAMES D AMICO REQUESTING A SPECIAL
PERMITNARIANCE FOR THE PROPERTY LOCATED AT 50 BARR STREET EXT R-2
A hearing on this petition was held on April 24, 2002 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Stephen Harris, Nicholas Helides and
Joan Boudreau. 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 height, number of stories and lot area per
dwelling and a Special Permit to allow three dwelling units in an R-2 district for the
property located at 50 Barr Street Ext.
Notwithstanding anything to the contrary appearing in this Ordinance, the Board of
Appeal may, in accordance with the procedure and conditions set forth in Section 8-6
and 9-4, grant Special Permits for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extension or expansion of nonconforming lots,
land structures, and used, provided, however, that such change, extension, enlargement
or expansion shall not be substantially more detrimental than the existing nonconforming
use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests, guided by
the rule that a Special Permit request may be granted upon a finding by the Board that
the grant of the Special Permit will promote the public health, safety, convenience and
welfare of the City s inhabitants
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 the 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.
CITY OF SAM
C CLERK's OFFICE A
DECISION OF THE PETITION OF JAMES D'AMICO REQUESTING A
VARIANCEISPECIAL PERMIT FOR THE PROPERTY LOCATED AT 50 BARR
STREET EXT
-_ ZODI MAY -1 A Io- o8
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CITY CLERK
Appeal from this decision, is any shall be made pursuant to Section 17 of 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 elapsed and no appeal has been filed, or that, if such
appeal have been filed, that is has been dismissed or denied is recorded in the South
Essex Registry of Deeds and indexed under the name of the owner of record oris
recorded and noted on the owner's Certificate of Title.
1 CITY OF SALEM, MA
DECISION ON THE PETITION OF JAMES D'AMICO REQUESTING A SPECIACLER 'S OFFICE
PERMITNARIANCE FOR THE PROPERTY LOCATED AT 50 BARR STREET EXT R2
page two
The Board of Appeal, after careful consideration of the evidence presented at?"fiA
hearing and after reviewing the plans, makes the following findings of fact:
1. The petitioner is seeking a variance from height, number of stories and lot area per
dwelling units and a special permit to allow three dwelling units on the property
located at 50 Barr Street Ext. that is in an R-2 Zone.
2. Several neighbors that are direct abutters spoke in opposition to the petition on the
grounds that the narrowness of the street could not support the added traffic and
increase of on street parking with the addition of three units.
3. Ward 6 Councillor Mike Bencal stated that he didn't think that the parking plan
submitted by the petitioner could be workable and that it looked good on paper but
doubted that it was practical.
4. James Fleming spoke on the history of the previous owners and uses of the
property and reiterated that parking and density of the neighborhood were problem
that would be difficult to eliminate. Mr. Fleming also stated that if the board
approved the petition ion that he would be in land court in the morning to file an appeal
of the decision.
On the basis of the above findings of fact, and on the evidence presented, 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 involve
substantial hardship to the petitioner.
3. The Special Permit requested cannot be granted without substantial detriment to the
public good or without nullifying and substantially derogating from the intent of the
district or the purpose of the ordinance.
4. The granting of the Special Permit requested will not be in harmony with the
neighborhood and will not promote the public health, safety, convenience and
welfare of the City's inhabitants.
Therefore, the Zoning Board of Appeal voted unanimously 0 in favor and 5 in opposition
to the motion to grant the relief requested. Having failed to garner the four affirmative
votes required to pass, the motion to grant fails and the petition for a Special Permit and
Variance is denied.
Variance & Special Permit Denied Stephen Harris �SC YK-)i
April 24, 2002 Board of Appeal
DATE OF HEARING [`-76
PETITIONER
LOCATION AA
MOTION: TO GRANT SECOND AMENDMENT SECOND
-TO DENY SECOND
TO RE-HEAR SECOND
WITHDRAW SECOND
CONTINUE SECOND
ROLL CALL PRESENT GRANT DENY AMEND WITHDRAW RE-HEAR CONTINU
NINA Y. COHEN
Stephen Harr'
Joan Boudreau
Nicholas He33dbs
RICHARD DIONNE
ASSOCIATE MEMBERS
Bonnie Belair
CONDITIONS:
t
Cil"Y OF SALEM, N CITY OF SALEM, MASSACHUSETTS
CLERK'S OFFICE ooNo►T
BOARD OF APPEAL
g � .
1002 APR -2 P 1: 16
TO THE BOARD OF APPEAL:
The Undersied repres }that they are the owner(s) of a certain parcel of land located at:
-15-10 &4A, Street; Zoning District Q1- l—
and said parcel is affected by Section(a) –1/ fir. S= of the Massachusetts State Building Code.
Plans describing the work proposed have been submitted to the Inspector of Buildings in accordance with Section IX
A.I of the Zoning Ordinance.
Offaet-/
The Application for Permit was denied by the Inspector of Buildings for the following reason(s):
The Undersigned hereby petitions the Board of Appeal to vary the terms of the Salem Zoning Ordinance and/or the
Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the
enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to
the Undersigned and relief may be granted without substantially derogating from the intent and purpose of the
Zoning Ordinance and Building Code for the following reasons:
2 .S�ecla� �trw::�"vSGJ
(PLEASE PRINT) � � )
Owner: PT:.� a JCJ2Lm w�f AT 7'9t)A7r y,P�etitioner:
w�404"Q
�ww w o J� Aw cb lIl
Address: x/73 - PA0QL . C4�c�I Q /'Address: JOO 7(&RM;Aov .OYa< 61AeWsrZEL.D I%A-
Tel.No. (/7- a 93 - sass' Tel.No. 6/7- a 53-Ss3S'/17 _
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By: "
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gna)ure
Date:
This original application must be filed with the City Clerk. A certified copy of this petition will be returned to
petitioner at the time of Sling with the City Clerk, to then be filed with the Secretary of the Board of Appeal four
weeks prior to the meeting of the Board of Appeal, along with a check for advertising in the amount of
$ /Z7.r0 made payable to the"Salem Evening News".
ATRUE COPY 1 Z Cl 8Zt. Z lE
ATTEST:
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CITY(,Lf:RK