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28 FORRESTER STREET - ZBA 28 FORRESTER STREET RYSZARO RONARSRI b: oantaRosa), whictiin ad- 4 Legal Notice CITY OF SALEM BOARD OF APPEAL 745-9595 Ext.381 Will hold a public hearing for all persons interested in the petition sub milted by Ryszard Ronarski request- ing a Variance/Special Permit to convert two family dwelling to a hree family for the property located It 28 Forrester Street R-2.Said hear- j ng to be held Wednesday, May 19, I 1999 at 6:30 P.M.,One Salem Green, 2nd Floor. Nina Cohen, Chairman w �� "ALEM. MA (91tu of 'Sttlpm, HttssttLlj. s OFFICE ;'e �nttrD of ��euf 1949 MAY 20 P b= 43 DECISION ON THE PETITION OF RYZARD KONARSKI REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 28 FORRESTER 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 convert two family dwelling into three family dwelling for the property located at 28 Forrester Street. 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, Ryszard Konarski, is the owner of the property located at 28 Forrester Street. The petition was presented by Mr.Richard W. Griffin, an architectfrom Salem. 2. The subject property is located in an R-2 District. 3. The petitioner seeks a variance from the permitted uses in an R-2 district to convert a two family dwelling to a three family dwelling. 4. Mr. Griffin presented plans of the proposed conversation, which consisted of a two bedroom apartment on the third floor. DECISION OF THE PETITION OF RYSZARD KONARSKI REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 28 FORRESTER STREET R-2 page two 5. Mr. Griffin presented plans of the proposed conversation, which consisted of a two bedroom apartment on the third floor. 6. The Board determined that the site had sufficient parking for the five cars. 7. Mr. Konaski stated that he was out of work due to an injury and that he could use the extra rental income the requested additional unit would provide. 8. Opposition to the requested variance was voiced by Ms. Marie Bescia of 48 Essex Street and Councillor Regina Flynn of 62 Washington Square South. Concerns expressed involved the availability of parking, density in the area, and retaining the character of the neighborhood. 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. 2. Literal enforcement of the provisions of the Zoning Ordinance would not involve substantial hardship to the petitioner. 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially hardship to the petitioner. Therefore, the Zoning Board of Appeal voted 4 in opposition and 1 in favor to grant the requested variances. Having failed to gamer the four affirmative votes required to pass, the motion is defeated and the petition is denied. VARIANCE DENIED (lr�LC O CSC^ May 19, 1999 Stephen Buczko, Member _ Board of Appeal uj U N r O G; 'atm, - ny � m3 •• y W DECISION ON THE PETITION OF RYSZARD KONARSKI REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 28 FORRESTER STREET page three 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 PP Y 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 y r v �`T N ��➢ Y W Ryszard Konarski 28 Forrester St. Salem Ma 01970 Dear Neighbor. Im asking for Your support in my bid for converting my third floor to an appartment. You may not know that recently I have been injured. This injury prevented me from working for sometime. In order to make ends meet I need additional income. I thank You in advanced for your help. Sincerely Ryszard Konarski. 77 Ryszard Konarski 28 Forrester St. Salem Ma 01970 Dear Neighbor. Im asking for Your support in my bid for converting my third floor to an appartment. You may not know that recently I have been injured. This injury prevented me from working for sometime. In order to make ends meet I need additional income. I thank You in advanced for your help. Sincerely Ryszard Konarski. 7-7 /'0 e S jGv S Ryszard Konarski 28 Forrester St. Salem Ma 01970 Dear Neighbor. Im asking for Your support in my bid for converting my third floor to an appartment. You may not know that recently I have been injured. This injury prevented me from working for sometime. In order to make ends meet I need additional income. I thank You in advanced for your help. Sincerely Ryszard Konarski. - til 54-t,GM, M4 Ryszard Konarski 28 Forrester St. Salem Ma 01970 Dear Neighbor. Im asking for Your support in my bid for converting my third floor to an appartment. You may not know that recently I have been injured. This injury prevented me from working for sometime. In order to make ends meet I need additional income. I thank You in advanceour help. Sincerely oj _ Ryszard Konarski. Ryszard Konarski 28 Forrester St. Salem Ma 01970 Dear Neighbor. Im asking for Your support in my bid for converting my third floor to an appartment. You may not know that recently I have been injured. This injury prevented me from working for sometime. in order to make ends meet I need additional income. I thank You in advanced for your help. Sincerely Ryszard Konarski. b !�