9-11 FRANKLIN STREET - ZBA (2) 9-11 FRANKLIN STREET M
RICHARD M. LEAHY
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DECISION OF THE PETI-ION OF RICHARD IN. LEAHY REQUESTING A C11r ' tiASS
VARIANCE FOR THE PROPERTY LOCATED AT 9-11 FRANKLIN STREET (R(:W" ,S 01 ; iCC
A hearing on this petition was held ?une 28, 1995 with the following Board
members present: Stephen Touchette, Chairman; Gary Barrett, Albert Hill,
Nina Cohen and Joseph Ywuc. 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, owners of the property requests a Variance for a Change of Use
(Furniture making) for the property located at 9-11 Franklin Street. (R-2) .
The Variance which has been requested may be granted upon a finding of this
Board that:
1. Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land, buildings, or structures in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. Desirable relief may be ranted without substantial detriment
Y g to the
public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1. Petitioner will conduct a furniture making business at the property.
2. The petitioner is currently the only employee of the business.
3. Petitioner's business will involve limited retail business.
4. Given surrounding uses, it is unrealistic for the property to be put
to use for residential purposes. The subject property is surrounded
by commercial uses.
5. Petitioner's business will be a less intrusive and aggressive use in
this area.
6. There was no opposition to the petitioner's request.
7. The property manage William Goldberg, spoke in favor of the petition.
8. Petitioner will be improving the property.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property
and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
3. Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
DECISION OF TEE PETITION OF RICHARD M. LEAHY REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 9-11 FRANKLIN STREET (R-2)
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the
variance requested, subject to the following conditions:
1 . Petitioner shall comply with all city and state statutes, ordinances,
codes and regulations .
2. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
3. Petitioner shall obtain a building permit prior to beginning any
construction.
4. A Certificate of Inspection is to be obtained.
5. Petitioner is to obtain approval from any City Board or Commission
having jurisdiction including, but not limited to, the Planning Board.
Variance Granted
June 23, 1995
Gary Barrett
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 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 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 owner's Certificate of Title.
Board of Appeal