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313 BRIDGE STREET - ZBA 313 Bridge St. R-2 Joseph Griffin (petitioner) \ E. Woikiewicz (Owner) 0 cow of , ttlem � u�sttcl�u�eft� o l'V1. Poarb of �Fvvd oo AN CITY CLL flCA Ur r DECISION ON THE PETITION OF JOSEPH E. GRIFFIN JR. (PETITIONERALCM,, M S$, EDWARD h'. WOLKIEWICZ (OWNER) FOR A VARIANCE FOR 313 BRIDGE ST. (R-2) A hearing on this petition was held March 18, 1987 and continued to April 15, 1987 with the following Board Members present: James Hacker, Chairman; Messrs. , Fleming, Luzinski, Strout and Associate Member Dore. 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 is requesting a Variance or Special Permit to alloy: building which is currently being used as an auto repair shop to be used as an auto body shop. Said property is located an an R-2 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 or structures in the same district; b. literal enforcement of the provisions of the Zoning Ordinance would in- volve 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, and after viewing the plans, makes the following findings of fact: 1 . A Variance, not a Special Permit, is required; 2. Odors and toxic fumes could adversely affect the neighborhood and the health of it's inhabitants; 3. This is a very dense, older neighborhood with many wooden structures; 4. There was major neighborhood opposition; 5. Petitioner did not meet his burden of proof with regards to legal 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 and not the district generally; 2. Literal enforcement of the Ordinance would not involve substantial hardship to the petitioner; DECISION ON THE PETITION OF JOSEPH E. GRIFFIN JR. (PETITIONER) , EDWARD W. WOLKIEWICZ (OWNER) FOR A VARIANCE FOR 313 BRIDGE ST. (R-2) page two 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. 1 Therefore, the Zoning Board of Appeal voted four to one, 4-1 , against the granting of the requested Variance. Mr. Luzinski voted present. VARIAICE DENIED ames B. Hacker, Chairman A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK APPEAL FRO.'.: THIS DECISION. IF ANY. SuALL BE 12ACE PURSUANT TO SECTION 17 OF THE MASS. �Ei:LRAL LA.'.:$, CHAPTER 8OR. AND SH 1L BE Fi!:D 1Y'. !iIN 2C DA•iS AP�E12 THE DATE OF FILING -F T;,IS DECIS!p!; I.: THE OFRCE 1- Th' CITY CLERK. ElLr S?4T!".! PER 9T S'C' \ 11 TH P IS o. NR"� LAYS. ',,ERT, rrF� CF T'rcI-_ - SKALiL ni TAKE .np •:; •E(;. h S n_.D FIC. O: OF The CITY C!=1r THAT �, r PSE0 IT �1� cEEh 01 SS:D �P G_- DIS OP, THAT. IF SJCH 1P. APPEAL HA:1 _ AND UIDEXED L.ICEF, THE_ NA,IE OF THE D17RER RECORDED IN THE SOu1111 ESSEX F.. � -��' OF RECORD OR IS RECORDED AND r:- �N ^= 0vNER S CERTIFICATE OF TITLE. BOARD OF APPEAL 1: PETITION We the undersigned owners and residents, of the properties adjacent to or in the immediate area of 313 Bridge Street hereby go on record as strenuously objecting to the proposed gyd.[ar perm; - variance to convert said property from an auto repair to A an auto body shop. We believe that the proposed variance would severely and negatively impact on the enjoyment of our properties and the integrity of our residential neighbor- hood. We also believe that the fumes , chemicals , and noise attendant to such a proposed use raise potential health concerns which we are unwilling to experiment with. We ask that the Board allow no further variation from the approved zoning for this area , and that it deny said application . Name Address d &uu%����� 4 / r Name Address PETITION We the undersigned owners and residents of the properties adjacent to or in the immediate area of 313 Bridge Street hereby go on record as strenuously objecting to the proposed variance and/or special permit to convert said property from an auto repair to an auto body shop. We believe that the proposed variance would severely and negatively impact on the enjoyment of our properties and the integrity of our residential neighborhood. We also believe that the fumes , chemicals , and noise attendant to such a proposed use raise potential health concerns which we are unwilling to experiment with. We ask that the Board allow no further variation from the approved zoning for this area, and that it deny said application. Name Address p kr I l�1�. P � ( G Name Address pa, 1�i l �z yrs l � ti a %� . I , Joe Griffin, have spoken to the following people in regards to living next door to an auto body shop. 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