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95 BRIDGE STREET - ZBAr - 1� 95 BRIDGE STREET � r 1 6 I "e,nong the dark ash. Legal Notice i CITY OF SALEM BOARD OF APPEAL 978.745.9595,ExL 381 will hold public hearing for all per- sons interested in the petition submit- ted by JASON.CASTRO requesting a Special Permit to change an existing non-conforming use and a Variance from the required parking for property' at 91.95 BRIDGE STREET B-1.Said hearing will be held on WEDNESDAY, APRIL 30,2003,at 6:30 p.m., 120 WASHINGTON STREET,3rd FLOOR, ROOM 313. Nina Cohen,Chairman (4/16,23) v���axlr CITY OF SALEM, MASSACHUSETTS �. BOARD OF APPEAL CII-' OF 120 WASHINGTONSALEM, MA 019703RD FLOOR CLeRK,$©PCE A a ;lAo TEL. (978) 745-9595 ABGg FAX (978) 740-9846 STANLEY J. USSROVICZ, JR. 1001 MAY 43 4 ,4 DECISION ON THE PETITION OF JORDAN CASTRO REQUESTING A SPECIAL PERMITNARIANCE FOR THE PROPERTY LOCATED AT 91-95 BRIDGE STREET 61 A hearing on this petition was held on April 30, 2003 with the following Board Members present: Nina Cohen,.Chairman,Richard Dionne, Stephen Harris, Bonnie Belair and Joseph Barbeau. 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 is requesting a Variance from parking and a Special Permit to change an existing nonconforming use for the property located at 91-95 Bridge Street located in a B-1 zone. 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 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land structures, and used, 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 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 the 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. Lr MA � CtEs�iK S 9 DECISION ON THE PETITION OF JORDAN CASTRO REQUESTING A SPECIAL PERMITNARIANCE FOR THE PROPERTY LOCATED AT 91-95 BRIDGE STREET B-1 page two 100) MAY 14 A The Board of Appeal, after careful consideration of the evidence presented at the 9' 43 hearing and after reviewing the plans, makes the following findings of fact: 1. The petitioner is seeking a variance from the required parking and a Special Permit to change a nonconforming use. 2. Plans were submitted showing the changes and proposed parking areas. 3. Concerns were raised about the parking issues. 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 and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would not involve substantial hardship to the petitioner. 3. The Special Permit 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. 4. The granting of the Special Permit requested will not be in harmony with the neighborhood and will not promote the public health, safety, convenience and welfare of the City's inhabitants. Therefore, the Zoning Board of Appeal voted 2 in favor and 3 in opposition to the motion to grant the relief requested. Having failed to garner the four affirmative votes required to pass, the motion to grant fails and the petition for a Special Permit and Variance is denied. Variance & Special Permit Denied (/ � April 30, 2003 /Richard Dionne �S'L/KJ Board of Appeals DECISION OF THE PETITION OF JORDAN CASTRO REQUESTING A VARIANCE/SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 91-95 BRIDGE STREET B-1 page four A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision is an shall be made pursuant to Section 17 of MGL Chapter pP Y p P e to the d of filing 40A and shall be filed within 20 days after a g of this decision in the office of the City Clerk. Pursuant to MGL Chapter 40A, Section 11, the variance or Special Permit granted herein shall not take effect until a copy of the decision, bearing the certification of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal have 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. o Cl) m 'e ;)a,-Q's Cn or- D "r" c'" 49 rt#;3 W April 30, 2003 Salem Board of Appeals � f Jordan Castro 91-95 Bridge Street Salem, MA. (617) 567-2346 • STATEMENT OF GROUNDS FOR SPECIAL PERMIT A) I believe the proposal for changing the use of 93 Bridge Street from commercial use to a residential one will provide the Salem community much needed, moderately priced rental housing (even if it is only one unit). B) Parking in the area is scarce, however, the property has a greater need for parking as a commercial use. E. . the last tenant that occupied the p g g p building's commercial space had employed 2 people (2 cars), and of course, the property had to absorb the parking needed for the business' patrons. Q Utilities for a residential unit are in place. Electrical, plumbing, and heat already exist in the commercial unit. • D) 93 Bridge Street currently has a "business" type fagade. If I am granted the permission to change the unit's use, I will also change the properties fagade. Basically I will re-side the entire building, and put new windows in on the I' floor. This will translate to a much better- looking building, which will have a beneficial impact on the neighborhood's character. Especially, in light of the fact that the Bridge Street Bypass will essentially change the character of Bridge Street, from a business district to more of a residential one. CZB� a�" (Z-s �. � l3 91-95 Bridge Street is composed of a 2 bedroom house,and a 4 unit building Q . residential and 1 commercial unit). Since I purchased the property 2 businesses have occupied the commercial unit, both going out of business within a year. The last business failed 6 months ago, and I have not been able to rent it since. I considered appealing the commercial use of this property when I first purchased the building,but just recently decided to take action because I believe that the Bridge Street Bypass will give Bridge Street more residential character. Parking seems to be the most important issue regarding this appeal. The fact is that the need for parking was much greater for the commercial unit than it would be for a one bedroom. Also, Jesus Pena,the owner of 89 Bridge Street has offered to rent parking spaces on his lot of land. Thank you for taking the time to consider my appeal. • • LAW OFFICE Fax:978-741995$ Jan 31 2W3 lu;:m n ul IYIVir► t \.7HVG fiY�71�C`iL 1 VIV sAY STATE 8URvEYIN6 ASSOCIATES INC. JOB 0 f 00 CUMMINGS CENTER,SUITE B 318J,SEVERLY,MA.,01915 LOCATION :»a. 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