22 BRIGGS STREET - ZBA 1. 22 BRIGGS STREET
_ j ' DOUGLAS G. DESROCAER 1 _
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DECISION ON THE PETITION OF DOUGLAS G. DESROCHER REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 20-22 BRIGGS STREET (R-2)
1 A hearing on this petition was held July 17, 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 requests a Variance to convert a 3 family dwelling to a 4
family dwelling for the property located at 20-22 Briggs Street.
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 seeks a variance to allow him to convert a three-story
residence into two apartments. Petitioner's residence, a two
family, consists of two apartments on one side and a single
family home on the other side. This petition concerns the side
that is a single family home, and does not affect the other side.
2. Thus the variance, if granted, would establish four residences on
on the property.
3. A petition supporting the granting of the variance, signed by
four neighbors, was submitted in favor of the petition.
4. Dan Pierce of 22 Andrew Street opposed the petition, stating that
increases in density create parking and other difficulties,
especially in an area like this one, where homes have been
converted from multi-family use to single family residence.
5. Ward Councillor Regina Flynn stated her opposition to the
proposed variance on grounds of increased density and parking
issues.
• DECISON OF THE PETITION OF DOUGLAS G. DESROCHER REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 20-22 BRIGGS STREET
page two
On the basic of the above findings of fact, and on the evidencee�
presented at the hearings, the Board of Appeal concludes as fokz. 15
1. No special conditions exist which especially affect the r',4, Mq
subject property as opposed to the district in general.
2. Literal enforcement of the Zoning Ordinance would not involve
- substantial hardship to the petitioner.
3. Desirable 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 Board of Appeal voted 2-3 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 17, 1996
Nina Cohen
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 40A,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 that20 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
July , 1996
To; All Salem Board of Appeals Members
Regarding; 20-22 Briggs Street
Dear Board of Appeals Member;
My name is ed K/ , I am the resident/ home owner of
j ZVIIIin Salem. I have spoken with Mr. Desrocher regarding
his plans to re-establish 20-22 Briggs Street as a (4) Four family property and
approve of his plan presented before the board on July 17th 1996.
Thank You for your consideration;
Y '
79
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July 15 , 1996
To; All Salem Board of Appeals Members
Regarding; 20-22 Briggs Street
Dear Board of Appeals Member;
My name is , .-a.) , I am the reside / home owner of
�^ street in Salem. I have spoken with Mr. Desrocher regarding
his plans to re-establish 20-22 Briggs Street as a (4) Four family property and
approve of his plan presented before the board on July 17th 1996.
Than Y u for your consideration,
•
July _LLL, 1996
To; All Salem Board of Appeals Members
Regarding; 20-22 Briggs Street
Dear Board of Appeals Member;
My name isP� ./. 1414 L / N , I am the resident/home owner of
OU J&605 71 in Salem. I have spoken with Mr. Desrocher regarding
IT 6191�
his plans to re-establish 20-22 Briggs Street as a (4) Four family property and
approve of his plan presented before the board on July 17th 1996.
Thank You for your�consideration,