14 GARDNER STREET - ZBA (2) t
r4
-d
�_ 1
thing,'tm ,
tee."
Legal Notice
i
CITY OF SALEM I
BOARD OF APPEAL
Will hold a public hearing for all I
persons interested in the petition 1
submitted by DAVID COTE seeking a
Variance from off street parking reg-
ulations to allow a second curb cut
for the property located at 14 GARD.
NER STREET R-2.Said hearing will
be held on WEDNESDAY, DECEM-
BER 20, 6:30 P.M. 120 WASHING- `
TON STREET 3RD FLOOR, ROOM
313
Dec 7& 13,2006 Nina Cohen,
Chairman —
SN—12f7, 12/13/2006 y�
— 1
i
i J l
ova CITY OF SALEM, MASSACHUSETTS
JJJ BOARD OF APPEAL
' 120 WASHINGTON STREET, 3RO FLOOR
d SALEM, MASSACHUSETTS 01970
/• TELEPHONE 978-745-9595
Iyg Fax: 978-740-9846
KIMBERLEY DRISCOLL
MAYOR January 10, 2007
Decision
Petition of David Cote Requesting a Variance D
from off street parking regulations to allow for
a second curb cut for the property located at 14 Gardner Street:o =y
City of Salem Zoning Board of Appeals
i
A hearing on this petition was held on December 20, 2006 with the following Board
Members present: Nina Cohen, Chairman, Stephen Pinto, Elizabeth Debski, Robin Stein
and Bonnie Belair. 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 petitioners are requesting a Variance from off-street parking regulations to allow a
second curb cut for the property located at 14 Gardner Street located in an R-2 zone.
The Variance, which has been requested, may be granted upon a finding by this 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 and structures involved.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner(s).
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 of
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 David Cote and Victoria Cote are the owners of the property
located at 14 Gardner Street. The property is located in an R-2 District.
2. The Petitioner requested a Variance to allow the use of a second curb cut to allow
for off-street parking for his family.
3. Attorney Jack Keilty represented petitioners.
4. Lena Mento and her brother Ed Scialdoni, abutters who are the owners of 16
Gardner Street spoke in opposition to the petition. They were concerned about
losing parking on the street and fumes from the parked car.
5. There was a letter provided to the Board of Appeals signed by eight
neighbors/abutters who supported the petitioner's request for a curb cut.
On the basis of the above findings of fact, and on, the evidence presented the Board
of Appeals finds as follows;
I. Special conditions do not exist which especially affect the subject property but not
the District.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
3. Desirable relief cannot be granted without derogation form the intent of the
district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted two (2) in opposition, members Nina
Cohen and Robin Stein and three (3) in favor, members Elizabeth Debski, Stephen Pinto
and Bonnie Belair which denied the Variance requested without the minimum of four(4)
votes in approval, subject to the following conditions:
1. Petitioner shall comply with all city and state statures, ordinances, codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted and
approved by the Building Commissioner.
3. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
4. Petitioner shall obtain approval from any City Board or Commission having
jurisdiction, but not limited to the Planning Board.
Variance Denied Bonnie Belair
December 20, 2006 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 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 certificate of the City Clerk that 20 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
PETITION
WE: David & Victoria Cote 12/18/06
14 Gardner St.
Salem, Ma
we are petitioning the City of Salem, ma. Board of Appeals, to allow us to
utilize the area to the left of the front of our house for off street park-
ing, for one vehicle.
we are also seeking your favor in this matter.
Thank you for your support.
Sincerely,
David Cote
Victoria Cote
2) ,
�Uo
s)
- age -
9)