3 HAWTHORNE BOULEVARD - ZBA (2) 3 HAWTHORNE BLVD
BkL_W HEATH
waste Me -
Legal Notice
CITY OF SALEM
BOARD OF APPEAL
l 745-9595 Ej 381
Will hold a public.hearing for all
persons interested in the petition sub-
mitted by FATIMA & BRIAN
BEATH requesting a Variances from
parking and use to utilize the fast
floor for an upscale tea house and
gift shop for property located at 3
HAWTHORNE BLVD., R2. Said
hearing to be held WEDNESDAY,
MARCH 20, 2002 at 6:30 P.M., 120
WASHINGTON STREET, 3RD
FLOOR,ROOM 313.
` Nina Cohen
Chairman
1
a CITY OF SALEM9 MASSACHUSETTS
BOARD OF APPEAL CITY Or SALEtl, MA
� 120 WASHINGTON STREET, 3RD FLOOR CLERK'S OFFICE
q SALEM, MA 01970
TEL. (978) 745-9595
FAX (978) 740-9846 STANLEY J. USOVICZ, JR. 160
T MAR 21 P 3-- 21
MAYOR
DECISION ON THE PETITION OF FATIMA & BRIAN HEATH REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 3 HAWTHORNE BLVD R-2
A hearing on this petition was held on March 20, 2002, with the following Board
Members present: Nina Cohen, Chairman, Bonnie Belair, Richard Dionne, Nicholas
Helides and Stephen Harris. 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 is requesting Variances from parking and use to utilize the first floor for an
upscale teahouse and gift shopfor the located at 3 Hawthorne Blvd located in
property
an R-2 zone.
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. Petitioners presented the detail of the intended use as an "upscale tea house and gift
shop", including menu.
2. Petitioners presented their background in the food business.
3. Petitioners asserted that the prior use of the space before their purchase of the
property as office space.
4. Parking for patrons of the business will be on street.
5. There was no opposition to the request.
%1
i
DECISION OF THE PETITION OF FATIMA& BRIAN HEATH REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 3 HAWTHORNE BLVD R-2
page two
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 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 3 in favor and 2 in opposition 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
MARCH 20, 2002
Nicholas Helides
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