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CITY OF SALEM, MASSACHUSET°TS
" BOARD OF APPEAL
120 WASHINGTON STREET*SALEM,MASSAQiUSET rs 01970
T1tE.978-619-5685 FAx.973-740.0404
KiNMERLEY DRiscoLL
MAYOR
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February 1, 2012 °D
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Withdrawal without Preiudice y
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City of Salem Zoning Board of Appeals CA cA
Petition of JOSEPH BUKOWSKI requesting Variances and Special Permits in order to allow the first
floor of the building on 19 BRIDGE ST to be used for commercial purposes, and for a Variance from the
off-street parking regulations relating to such commercial use (B-2).
On January 18, 2012, the Board of Appeals met to discuss the petitioner's request to withdraw the
above referenced petition without prejudice. The following Board of Appeals members were present:
Annie Harris (acting as Chair), Richard Dionne, Jamie Metsch, Jimmy Tsitsinos, and Bonnie Belair.
At the request of the Petitioner, the Board of Appeal voted 5-0 (Harris, Dionne, Metsch, Belair and
Tsitsinos on favor, none opposed) to allow the Petitioner to withdraw this petition without prejudice.
GRANTED PERMISSION TO WITHDRAW WITHOUT PREJUDICE
JANUARY 18, 2012
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Annie Harris
Salem Zoning Board of Appeals
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 of filing of this decision in the office of the City Clerk.
Pursuant to the 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 certificate of the City Clerk
has been filed with the Essex South Registry of Deeds.
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DECISION ON THE PETITION OF PAUL FRASER FOR VARIANCES
AT 19 BRIDGE ST. (B-2)
A hearing on this petition was held April 29, 1987 and continued until May
27, 1987, with the following Board Members present: James Hacker, Chairman;
Messrs. , Bencal, Fleming, Luzinski and Strout. At the April 29, 1987 hearing,
the petitioner waived all applicable time requirements under Chapter 40A.
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.
The petitioner, represented by Attorney William Donaldson, is requesting a
Variance from all applicable density and setback requirements and a Variance
for use to allow construction of a single family dwelling on the property at
19 Bridge Street, which is located in a B-2 district.
The Variances which have 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, building and structures in the same district;
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b. literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to 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: ,
There was no opposition presented to the petition at the hearing;
The land and its location are unique to the district in terms of
size, and not to allow the construction would be a substantial
hardship to the petitioner;
The construction of a single family dwelling at the locus will be
an asset to the other residential properties in the neighborhood;
4. The petitioner has the approval of the Salem Planning Board for
his plan;
5. Adequate parking is provided on site;
6. The prior existing building on the locus was destroyed by fire;
v 7. The petitioner modified his initial plans at the request of the
Zoning Board of Appeal in order to provide for the safety of
the public.
DECISION ON THE PETITION OF PAUL FRASER FOR VARIANCES AT
19 BRIDGE ST. , SALEM
page two
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property
but not the district generally;
2. Literal enforcement of the Ordinance would work a substantial hardship
on the petitioner;
3. The relief requested can be granted without substantial detriment to the
public good and with nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant to
Variances requested, subject to the following conditions:
1 . All construction be as per plans submitted and modified;
2. The petitioner obtain the necessary building permits and occupancy
permit from the Salem Building Inspector;
3. Parking for one car be maintained on the site, as per plan submitted;
4. The petitioner adhere to the requirements of the Massachusetts State
Building Code;
5. The petitioner meet all the requirements of the Salem Fire Department
relative to fire safety;
6. Petitioner obtain proper street numbering from the Salem Board
of Assessors.
VARIANCES GRANTED
ames M. Fleming, Esq. /L
Vice Chairman, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLEF.:
APPEAL PRD'�. THIS DEL1S1 T: 1: A.,Y SHALL BE MADE PUP.SU ANT TO SCTPON 17 OF T!iE %!=SS
GENERAL I.A'AS, Ch"PiER 87i. AND SH,_L BE Fl!E'; :'. J 20 DAPS AFTER THE DF,YE OF FI!UIG _
OF T''HiS GEL!S!DI. 1;: THE OFFICE OF THE CITY CLERK
PU°.S:'. T.. .c-S GE'\c'.L L443. CHA°TER 8U3. $Ei ;,'.'! 11 THE VF^. NI-IE OF SP ':T
G RAr:FED HE F,Sl. SH,:L. N IAhE ErF[il UNTIL A COPY OF THE 91- : . IHi C_r.,
FI„AT1 ;t CF THE G'I IF :LE F..: 1i. , C'"YS HATE EUr'7:D A;J7 N', nr'_4L H'.; 3Fi' F1'EL`
OR ';HF,, IF S Ii I, % A'r _ Hi 6= .. Fl_= Th AT if CE u. C;S ..E"' CR .. IS
RE::}':;;0 Hi TN_ S.U1,u, ESS=` R=:"1PJ CF ^EEDS AiiO I',CEAED L'h C,EF, : i.l;E of id: Cur 'c
,f OF RECORD OR IS RECGP.DEU AJU i1GI:D ON Th'E VwNER S CERTIFICATE OF TITLE,
BOARD OF APPEAL