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DECISION ON THE PETITION OF GARTH YOUNG REOUESTINO ZVARIANCE
FOR THE PROPERTY LOCATED AT 45 BRIDGE STREET (B-1,, ; ". . `
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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, located at 45 Bridge Street
request a Variance to allow a retail business and variance from
parking .
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. Petitioner owns the subject property, and operates a HVAC
service business and warehouse materials at the property.
2. Petitioner intends to partition the front space of the property
facing Bridge Street, and lease a portion said space to a woman
who proposes to operate a retail business selling bingo supplies.
3. Petitioner indicated that the proposed tenant was needed to
assist him in carrying the financial burdens of the property.
4. There is insufficient off-street parking spaces to support a
second business on the property.
5. There was concern expressed that parking would overflow into the
surrounding residential neighborhood.
6. Ther was no opposition to the petition.
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.
DECISION ON THE PETITION OF GARTH YOUNG REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 45 BRIDGE STREET (B-1 )
page two
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3. Desirable relief requested cannot be granted without substantial
detriment to the public good or without nullifving and
substantially derogating from the intent of the district or
the purpose of the Ordinance.
Therefore, the Board of Appeal voted 3-2 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 �.Q /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 4OA,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 that2O 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