7-9 CHERRY STREET - ZBA 7-9 CHERRY STREET -
rt RDDY NAZAIRE
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Legal'Notice
CrfY OF SALEM
BOARD OF APPEAL ami
745-9695 Ext.381
r
Will hold a public hearing for all �.
persons interested in the petition sub-
mitted by Rudy Nazaire requesting a M
Variance/Special Permit to extend
a non-conforming use to allow two }
additional dwelling unit and a relief -
from parking for the property located
at 7-9 Cherry Street R-3. Said hear-
ing to be held Wednesday, May 19,
1999 at 2nd
P.M.,One Salem Green,
2
Nina Cohen, .�
Chairman
(5/5,12)
i
SALEM, MA
°�. (91ty of 'Sttlpm, IA19S21L4p ISOFr ICE
Pourb of '�u}�enl
MCI IkAy 2l P 2: 10
DECISION ON THE PETITION OF RUDY NAZAINE REQUESTING A
VARIANCE/SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 7-9 CHERRY
STREET R-2
A hearing on this petition was held on May 19, 1999, with the following Board Members
present: Nina Cohen, Chairman, Ronald Harrison, Stephen Buczko, Michael Ward and
Richard Dionne. Notice of the hearing was sent to abutters and other and notices of the
hearing were property published in the Salem Evening News in "
accordance with Massachusetts General Laws Chapter 40A.
The petitioner requesting Variances to extend a non-conforming use to allow two
additional dwelling units and relief from parking restrictions for the property located at 7-
9 Cherry Street. A motion was made to withdraw the Special Permit with all in favor.
The Variance which has been requested may be granted upon a finding of the Board
that:
a. Special conditions and circumstances exit 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 and after viewing the plans, makes the following findings of fact:
1. The petitioner, Rudy Nazaire of 28 Becket Street, represented himself and was
assisted by an architect, Robert Vorbach of Nashua, NH
2. William Kelley, Councillor of Ward 5, and Mary Wilbert, of 7 Cedar Street, a neighbor
represented opposition to the petition, based mainly on the lack of parking in a
congested area. Both spoke of the congested area and the lack of present parking
for residents.
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 in general.
J
01 i 1 Or SALEM, MA
CLERK'S OFFICE
DECISION ON THE PETITION OF RUDY NAZAINE REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 7-9 CHERRY STREET R-2
page two Iggq ,JAY 2l P 2: 10
2. Literal enforcement of the provisions of the Zoning Ordinance would not result in
unnecessary hardship to the petitioner.
3. The relief requested cannot be granted without substantial detriment to the public
good or without nullifying and substantially hardship derogating from the intent of the
district or purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted 5 in opposition and 0 in favor to grant the
requested variances. Having failed to garner the four affirmative votes required to pass,
the motion is defeated and the petition is denied.
VARIANCE DENIED
May 19, 1999 C',e CSCr
Ronald Harrison, Member
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 MGL
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 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 passed and no appeal has been
filed, or that, if such appeal has been filed, that it 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 owners Certificate of Title.
Board of Appeal
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C.I� F FOc SA CEA
fTlif of 'Sttlem, ttsstttl�lzs��f�s
Priarb of 'Av' pral
1999 mm 21 P 2; 10
DECISION N H
O THE PETITION OF RUDY NAZAINE REQUESTING A
VARIANCE/SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 7-9 CHERRY
STREET R-2
A hearing on this petition was held on May 19, 1999, with the following Board Members
present: Nina Cohen, Chairman, Ronald Harrison, Stephen Buczko, Michael Ward and
Richard Dionne. Notice of the hearing was sent to abutters and other and notices of the
hearing were properly published in-the Salem Evening News in
accordance with Massachusetts General Laws Chapter 40A.
The petitioner requesting Variances to extend a non-conforming use to allow two
additional dwelling units and relief from parking restrictions for the property located at 7-
9 Cherry Street. A motion was made to withdraw the Special Permit with all in favor.
The Variance which has been requested may be granted upon a finding of the Board
that:
a. Special conditions and circumstances exit 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 and after viewing the plans, makes the following findings of fact:
1. The petitioner, Rudy Nazaire of 28 Becket Street, represented himself and was
assisted by an architect, Robert Vorbach of Nashua, NH
2. William Kelley, Councillor of Ward 5, and Mary Wilbert, of 7 Cedar Street, a neighbor
represented opposition to the petition, based mainly on the lack of parking in a
congested area. Both spoke of the congested area and the lack of present parking
for residents.
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 in general.
OF SALEM, MA
CLE",.'S OFFICE
DECISION ON THE PETITION OF RUDY NAZAINE REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 7-9 CHERRY STREET R-2
page two 1959 IIAY 21 P 2: 10
2. Literal enforcement of the provisions of the Zoning Ordinance would not result in
unnecessary hardship to the petitioner.
3. The relief requested cannot be granted without substantial detriment to the public
good or without nullifying and substantially hardship derogating from the intent of the
district or purpose of the Ordinance.
Thereforepthe Zoning Board of Appeal voted 5 in opposition and 0 in favor to grant the
requested variances. Having failed to garner the four affirmative votes required to pass,
the motion is defeated and the petition is denied.
VARIANCE DENIED
May 19, 1999GC�
Ronald Harrison, Member
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH -!`�NE PLANNING BOARD AND
THE CITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17 of the MGL
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 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 passed and no appeal has been
filed, or that, if such appeal has been filed, that it 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 owners Certificate of Title.
Board of Appeal