79 BRIDGE STREET - ZBA (2) i
79 .Bridge S't. R-2
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COPY
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CITYL
DECISION ON THE PETITION OF WILLIAM G. ROWEC)`OR VW1(3U4'FQS
AT 79 BRIDGE STREET. (B-1) .
A hearing on this petition was held May 28, 1986 with the following Board
Members present; James Hacker, Chairman; Richard Bencal, Secretary;
Messrs. , Fleming and Luzinski. 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 Law
Chapter 40A.
Petitioner is requesting a Special Permit to allow an existing store
and three apartments and a Variance from minimum parking in this B-1 zone.
The provision of the Salem Zoning Ordinance which is applicable to this
request for a Special Permit is Section V B 10, which provides as follows:
Notwithstanding anything to the contrary appearing in this
Ordinance, the Board of Appeal may, in accordance with the
procedure and conditions set forth in Section VIII F and IX D,
grant Special Permits for alterations and reconstruction of
nonconforming structures, and for changes, enlargement, extension
or expansion of nonconforming lots, land, structures, and uses,
provided, however, that such change, extension, enlargement or
expansion shall not be substantially more detrimental than the
existing nonconforming use to the neighborhood.
In more general terms, this Board is, when reviewing Special permit requests,
guided by the rule that a special Permit request may be granted upon a finding
by the Board that eh grant of the Sepcial Permit will promote the public
• health, safety, convenience and welfare of the City's inhabitants.
The Board of Appeal, after considering the evidence presented at the hearing,
and after viewing the plans, makes the following findings of fact :
I. The petitioner purchased the property in the as is condition
in 1979.
2. Four electrical meters are in place today and currently in use.
3. Letter from pervious owner and tenant stating this store and three
apartments were existing prior to the purchasing this building.
4. No neighbors opposed.
DECISION ON THE PETITION OF WILLIAM G. ROWE FOR VARIANCES
AT 79 BRIDGE STREE. (B-1) .
page two
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
I . The proposed changes will promote the health, safety,
convenience and welfare of the City's inhabitants;
2. The relief requested may be granted without substantial
detriment to the public good.
Therefore, the Zoning Board of Appeal voted unanimously 4-0, to allow the
existing store and three apartments to be continued being used as such. ,
subject to the following conditions:
1 . All Salem Fire Department regulations relative to installation
of smoke detectors must be met.
2. Removal of any unregistered vehicles.
OMinimum of three parking spaces to maintaned for residents use.
VARIANCE AND SPECIAL PERMITS GRANTED
9 ES B. HACKER, CHAIRMAN
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FROM THIS DECISION. IF ANY. SHALL BE !'ADE PURSUANT TO SECTION 17 OF THE hIASS.
GENERAL F LATS• CHAPTER SOS. AND SHALL BE FILED YJiTHIN 20 DAYS AFTER THE DATE OF FILIRG .
c SCLE K. 11. THE VPRlP.710E C' S°��j°•L 7ERhIIT
OF THIS DEC.S!0S U: THE OFFICE Gf THE CITY CLERK. up_ 2 Tti_ iE3T-
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DECISION ON THE PETITION OF RAYMOND YOUNG FOR A SPECIAL PERMIT AND
VARIANCES AT 79 BRIDGE ST. (B-1 )
A hearing on this petition was held April 18, 1990 with the following Board
Members present: James Fleming, Chairman; Richard Bencal , Mary Jane Stirgwolt,
Associate Members Dore and 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 variances from density and parking
and a Special Permit to allow a store and three (3) apartments into five
apartments in this B-1 zone.
The Variance which has been requested may be granted upon a finding by this
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 and 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 provision of the Salem Zoning Ordinance which is applicable to this; request'
for:'a Special . Permit'is:_Section V'B :10,, which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the Board of
Appeal may, in accordance with the procedure and conditions set forth in Section
VIII F and IX D, grant Special Permits for alterations and reconstruction of non-
conforming structures, and for changes, enlargement, extension or expansion of
nonconforming lots, land, structures, and uses, provided, however, that such change,
extension, enlargement or expansion shall not be substantially more detrimental
than the existing nonconforming use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests,
guided by the rule that a Special Permit request may be granted upon a finding
by the Board that the grant of the special permit will promote the public health,
safety, convenience and welfare of the City's inhabitants.
The Board of Appeal , after careful consideration of the evidence presented, and
after viewing the plans, makes the following findings of fact:
• 1 . A Special Permit to allow an existing store and three apartment and a Variance
from minimum parking requirements was granted to previous owner on
May 18, 1986.
DECISION ON THE PETITION OF RAYMOND YOUNG FOR A SPECIAL PERMIT AND
VARIANCES AT 79 BRIDGE STREET, SALEM
page two
• 2. Mr. Young, the petitioner and present owner of the property, purchased the
property late 1986 and began to renovate the building.
3. An abutter present at the hearing stated that five mailboxes are at the site
and cited this and the renovations as evidence that the building is currently
used as a five unit residential dwelling.
4. Another abutter expressed concern about trash disposal , but did not oppose
the petition.
5. Three off-street parking spaces are provided.
6. Off-street parking is limited in the area.
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
but not the district in general .
2. Literal enforcement of the provisions of the Ordinance would not involve
substantial hardship to the petitioner.
3. The 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 Zoning Board of Appeal voted two (2) in favor (Mr. Fleming & Mr.
Labrecque) three (3) opposed (Mr. Bencal , Ms. Stirgwolt & Mr. Dore) to the granting
of the requested Special Permit and Variances-. Having failed to garner the
required four (4) affirmative votes necessary to pass, the motion to grant fails
and the Special Permit and Variances are denied.
SPECIAL PERMIT & VARIANCES DENIED
—zzl�- Cli
Peter A. Dore, Acting Secretary
Appeal from this decision, if any, shall be made pursuant to Section 17 01
the Mass. General laws,Chapter 808, and shall be filed within 20 days
after the date of filing of this decision in the office of the City Clerk.
P:acaant to Mass. General Laws, Chapter 808, Section 11, the Variance
cr 4pe:ia! Permit granted herein shall not take effect until a copy of the
der Asian, bearing the certification of tho City Clark that 20 days have
e!apsed and no appeal has been filed,or that, if such appsal has been
filed,that it has been dismissed or denied is recorded in the South Essex
Registry of Deeds and Indexed under the name or the owner of record cc
• Is recorded and noted on the owners Certificate of Title,
BOARD OF APPEAR
I CERTIFY THAT = +I AVE: PR-E VARIED T+11S PLAN
IN CON FORMANCE W IT+I THC "RULES' > REGULATIONS OI-
TME MASSACHUSETTS R�GIST•CR5 0FDEEo5, /�f / �/
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ESSEK KGISIRY OF DEEDS,SO. DtST•SALFNI,MASS.
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ANP T+t6 Lin"-G: 5 OF STRSETS AND WAV S
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PRIVATE STREETS OR WAYS ALREADY
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RICHARD A.� CANDACE ARC44AMBAULT
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LOCATLA AT
79 B ;ziocE STREET
N/i:- -.r ITZG£R,ALO - — SALEM , .MASSACHUSETTS
SCALE I~ =106 AuaUST 1976
SCALE IN FEET
NOTE 10 0 10 20
VA VA r1j r/d
THIS LOT DWELLING CONFORM To THE
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BUILDING CODE r ZONING ORDiMANCES
OF T4.1E CITY OF SALEM.
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