2 BEAVER STREET - ZBA 2 BEAVER STREET f (R-2) - 'Y
1 _ MARK W. PATTISON
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DECISION ON THE PETITION OF MARK & LORI PATTISON FOR A — s
VARIANCE AT 2 BEAVER STREET (R-2)
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A hearing on this petition was held February 15, 1995 with the following
Board Members present: Stephen Touchette, Chairman; Gary Barrett, Nina
Cohen, Albert Hill and Arthur LaBrecque. 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 for use as a
Guitar Showroom at 2 Beaver Street. This property is located in a (R-2)
district.
The Variances which have been requested may be granted upon a finding by
this Board that:
1 . 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 involved.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the
petitioner.
3. 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 petitioner sought a variance to allow him to operate a retail shop
for the resale of classic guitars at the residential property at 2
Beaver Street where his mother resides. He stated that in former years
a doughnut shop was operated in the same space.
2. Petitioner proposed to operate this business six days a week, from
10:00 or 11:00 a.m. until 6:00 p.m.
3. Esther Keys, petitioner 's mother who lives in the property, said she
had no objection to the proposed change in use.
4. There was no opposition to the petitioner's application.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal concludes as follows:
1. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship to the petitioner.
DECISION OF THE PETITION OF MARK y LORI PATTISOS FOR :.
':ARIANCE AT 2 BEAVER STREET, SALEM
page two
Desirable relief can be granted without substantial detriment of the
public good and without nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
3. Special conditions exist which especially affect the subject property
but not the district in general.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the
variance requested, subject to the following conditions :
1. Petitioner shall comply with all city and state statutes, ordinances,
codes and regulations.
2. Petitioner shall obtain a building permit prior to beginning any
construction.
3 . All requirements of the Salem Fire Department relative to smoke and
fire shall be strictly adhered to.
A Certificate of InSDection .s to be obtained. ,
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Variance Granted
February 15, 1995
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A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERK
Appeal from this decision. :f any, shall be made pursuant to Section 17 of
the Massachusetts General Laws 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 Massachusetts General Laws 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 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 owner's Certificate of Title.
Board of Appeal