10 BOARDMAN STREET - ZBA 10 Boardman St. R-2
Donald Kaufman
v'
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.co`unt.y.^
(I�ity of ttlem, � ttssttcijusetts ! �4
�nard of r�upeal
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DECISION ON THE PETITION OF DONALD KAUFMAN FOR A VARIANCE
AT 10 BOARDMAN ST. (R-2)
A hearing on this petition was held February 15, 1988 with the following Board
Members Dresent: James Fleming, Chairman; Richard A. Bencal, Vice Chairman;
John Nutting, Secretary, Edward Luzinski and Peter 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 40P
Petitioner, owner of the property, requests variances to allow an existing three
family dwelling, and from parking 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 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 and
after viewing the plans, makes the following findings of fact:
1 . Both support and opposition to the variance was presented by
neighbors, abutters and others;
2. Petitioner purchased the property in 1981 as a two family dwelling
and has been using it intermittently since then as a three family;
3. The use of the property as three family has caused an increase i
neighborhood congestion;
4. Any hardship, economic or otherwise, claimed by the petitioner was
self created.
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 generally;
DECISION ON THE PETITION OF DONALD KAUFMAN FOR A VARIANCE
AT 10 BOARDMAN ST. , SALEM
page two
2. Literal enforcement of the provision of would not involve substantial
substantial hardship to the petitioner;
3. Desirable relief can not be granted without substantial detriment to
to the public good or without substantially derogating from the intent
of the district of the purpose of the ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, against the granting
of the requested variances. Variances are denied.
DENIED
Rfchard A. Bencal, Vice Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL I-RU!," I6Sla da, SHALL 3E MADE PURSUANT TO SEOTIC`.I 17
GENERAL LAiVS. CHAP? P 303, 111!0 SHALL IE F•'LED WITHIN 20 DAYS AFTER THE C.,:E u. r•_.
CF -';If' DECIS:Oi! I.N TRE OFFICE OF THE CIN CLERK.
Mels IJ :ASS. - R'1- !M CHAPTER 808. SECTION 11. THE VARIANCE �7. '-
„RANTED H .c N. SHALL I(T 7: EF ..i UNTIL A COPY OF TNL {OI
f.AiION OF THE CITY CLERK THAT 2O DAYS HAVE ELAPSED AND NO APPEAL US !..._.
OR THAT, IF SUCH AN APPEAL HAS BEEN FILE. THAT IT HAS BEEN CIS"iSSEO .^R C=:'i:'
RECORDED IN THE SOUTH ESSEX REGISTRY OF CEEDS AND INDEXED UNDER THE G.....: F... .
OF RECORD OR LS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
Salem Common Neighborhood Association
{tt tt_ti
t , P.O. Box 8608
ll1l �T (.1. Salem, Massachusetts 01971-8608
em Com February 15, 1989
Salem Board of Appeals
One Salem Green
Salem, Mass 01970
Gentlemen;
The Salem Common Neighborhood Association opposes the granting of a
variance to allow an illegally existing 3 family and a variance from
parking to remain at 10 Boardman Street.
This opposition is in keeping with our enclosed Statement on Zoning
and Planning that was unanimously approved by our general membership.
We are particularly concerned that existing Residential two-family
zoning and density requirements be maintained and enforced in our
neighborhood.
Increased density does not enhance the quality of life, it is a
detriment. Parking is already a serious problem in our neighborhood
and should not be exacerbated.
We remain consistent in our concerns and thank you for your careful
consideration to them when making your decision.
Sincerely,
U �
Joan N. Nestor
President 1988-89
r
Salem Common Neighborhood association
i; r t•rr t ";' P.O. Box 8608
\ Salem, Massachusetts 01971-8608
S "'•r.t o�
ahem Coa►��
Our Issues Committee, which is open to all member: of the Association,
has formulated the following policy statement over the last few years.
It was presented to our general membership in August of 19 35 for
review and comments. Having carefully considered the input received
the Issues Committee :Wade some revisions and the statement was
subsequently published and distributed in our .Maroh 1337 newsletter,
Around the Common.
The following policy statament was approved by a unanimous vote at a
general meeting of the :Salem Common fdeighborhood Ascociacion on May
12, 1937 . It represents our position on questions relating to
zoning and planning in o — nei-hborhood.
Statement on Zoning and Planning
The Salem Common Neighborhood Association believes the following points and
urges their careful consideration and use by the City of Salem and its agents,
especially the Board of Appeals and the Planning Board, in the course of their
deliberations:
1. That the residential character of our neighborhood be maintained with no
additional non-conforming commercial uses being permitted.
2. That the existing R-2 (Residential, two-family) zoning and density requirements
be maintained and enforced.
3. That the parking congestion and traffic problems in our neighborhood be
considered in all future planning and development.
4. That landscaping such as lawns and trees and Weetscapes including facades and
fences are important to the quality of life in our neighborhood and should be
encouraged, enhanced, respected and maintained.
5. That the historical nature of our neighborhood be encouraged, respected and
maintained.
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