103 BOSTON STREET - ZBA _fir 103 BOSTON STREET (R-ZO
HERBERT SELESNICK
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DECISION ON THE PETITION OF HERBERT & HINDA STERLING REQUEST)NG`A' . .;
VARIANCE FOR THE PROPERTY LOCATED AT 103 BOSTON STREET (R-2)
A hearing on this petition was held June 19, 1996 with the following
Board Members present: Gary Barrett, Chairman; Nina Cohen, Joseph
Ywu, Albert Hill and Richard Dionne. 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, requesting a variance to change
use group from residential to business for six professional offices
and a variance from parking for the property located at 103 Boston
Street.
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 at the hearing, makes the following findings of facts:
1. Petitioners were represented at the hearing by Attorney Margolis.
2. Petitioners own the abutting property at 97 Boston Street which
houses the business of Salem Door and Window among others.
3. The subject property is currently a 2 family home which the
petitioners rent to tenants. There is also a garage on the
property.
4. The abutting property at 2-4 Nichols Street is a mulit-family
residential property.
5. Across Nichols Street from the subject property :s Colonial
Terrace apartments, a Salem Housing Authority property.
6. There is minimal off-street parking for the subject property.
7. Paul Butler, 32 Albion St. , owner of 2-4 Nichols Street appeared
and objected to the petition expressing concerns about the
parking demands that an office use would impose on a neighborhood
with already existing parking problems. He also expressed
concerns about an extension of business uses into the residential
district.
8. There were no representations made concerning topographical or
soil conditions which were tiodque to the propert_:.
V M `
DECISION THE PETITION HERBERT & HINDA STERLING REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 103 BOSTON STREET (R-2 )
page two
On the basic of the above findings of fact, and on the evidence
presented at the hearings, the Board of Appeal concludes as follows:
1. No special conditions exist which especially affect the
subject property as opposed to the district in general.
2. Literal enforcement of the Zoning Ordinance would not involve
substantial hardship to the petitioner.
3. Desirable relief 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.
Therefore, the Board of Appeal voted 5-0 in opposition to the motion
to grant the Variance, having failed to garner the required votes to
pass, the motion is defeated and the petition is denied.
Variance Denied //////���
June 19, 1996 ('SC��
Gary Barrett, Chairman
Board of Appeal
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 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 of Special Permit granted herein
shall not take effect until a copy of the decision bearing the
certification of the City Clerk that20 days have elapsed and no
appeal has been filed, or that, if such appeal has 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
or is recorded and noted on the owner's Certificate of Title.
Board of Appeal