89 BRIDGE STREET - ZBA (2) 89 Bridge St. B-1
Gail DeForrest
�1
� f
i �•"'°"4t �T Nov 19 2 57 PM '87
(I1.T#V of
ttlPm, ttsstttl�usP##a
' s Paurb of Appud
iJ�en w,,w+'`• CITY CLERK.SA; Eu. NAS S.
DECISION ON THE PETITION OF GAIL DeFORREST FOR A
VARIANCE AT 89 BRIDGE ST. (B-1 )
A hearing on this petition was held October 28, 1987 with the following Board
Members present: James Fleming, Vice Chairman; Messrs. , Luzinski, Strout and
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 Massachusettes General Laws Chapter 40A.
Petitioner, owner of the property, is requesting a Variance from density and
parking to allow property to be used as a three family in this B-1 district.
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 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;
The Board of Appeal, after careful consideration of the evidence presented at
the hearing, and after viewing the plans, makes the following findings of fact:
1 . There was substantial opposition to the petition presented by
abutters and neighbors. Councillor Kevin Harvey, by letter to the
Board, opposed the request due to existing parking problems and
character derogation;
2. Petitioner did not know if off street parking requirements could be
met. Submitted plans did not indicate a parking plan.
3. One abutter spoke in favor of the petition;
4. Petitioner failed to prove substantial hardship.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
1 . Special conditions do not exist which especially affect
the subject property but not the district generally;
2. Literal enforcement of the Ordinance would not work a substantial
hardship on the petitioner;
3. The relief requested cannot be granted without substantial detriment
to the public good or without nullifying or substantially derogating
from the intent of the district or the purpose of the Ordinance.
DECISION ON THE PETITION OF GAIL DEFORREST FOR A
VARIANCE AT 89 BRIDGE ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, against the
granting of the requested variance, variance is therefore denied.
VARIANCE DENIED
Peter Dore, Acting Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
RPPFAL FROM THIS DECISION. IF ANY, SRALL BE KADE POF.S'JANT TO SECTION 17 OF THE MASS,
GENEKQ LAWS, CHAPTET EOS. A.-0 SHi,LL BE FLED V:.7FC: 20 DAYS THE CATE OF FILING
OF UiS DECISIO% IN THE OFFICE CF THE CITY C!EFK
PUPSAfT TC VASS 31. THE PP SP-rIAL P:RL'IT
N: 1:' _ E`FICT P,`L A C.7, Ci iH:: . ir'` -C7T-
FIU-:2:
P.F.._... III TI'L EiJ_ P.._.. .. .. 1';iv. I . ._ _. .. _ 1.- _ it T'IG
of RECORD OR IS RECORDED AND RC:EO GL ThL OG,UF,S CERiifi C:.-E Ci TI;=
BOARD Oi APPEAL
tl tv of '*31C111, r` assac4usetf5
(office of the (Vtg (tiouncil
s 0tg Pall
�WR36 W*� LEONARD F.O'LEARY WARD COUNCILLORS
1987
COUNCILLORS-AT-LARGE PRESIDENT
GEORGEA NOWAK
987
JOSEPHINE R. FUSCO KEVIN R HARVEV
ROBERTE GAUTHIER
FRANCESJ GRACE CITY CLERK VINCENTJ FURFARO
LEONARD F O'LEARY
NEILJ HARRINGTON
JEAN-GUYJ MARTINEAU
RICHARD E.SWINIUCH
GEORGE P McCABE
JOHN R NUTTING
October 27, 1987
Mr. James Hacker, Chairman
Board of Appeal
City of Salem
Salem, MA 01970
Dear Chairman Hacker:
I an writing in opposition to the petition proposed by Gail DeForrest
at 89 Bridge Street for a variance from the density in parking requirements
in a B-1 Zone.
The Board knows precisely how I feel about the congested nature of
parking in Ward Two.
This variance would only compound an already disastrous problem. Also,
a setback from the density requirements for this building is something the
neighborhood feels would adversely affect the character of this family-oriented
section of my district.
Yours truly,
KEVIN R. HARVEY
COUNCILLOR WARD TWO
FRH/deb