3 HAWTHORNE BOULEVARD - ZBA (4) IC3
3 HAWTHORNE BLVD, (R-2)
ELIZABETH NORTON
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DECISION ON THE PETITION OF ELIZABETH NORTON REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT 3 HAWTHORNE BLVD. (R-2)
A hearing on this petition was held October 16, 1996 with the
following Board Members present: Nina Cohen, Joseph Ywu, Albert Hill,
Richard Dionne and Paul Valaskatgis. 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 requests a Variance for a Change of Use for an Antique
Shop and a Variance from parking for the property located at 3
Hawthorne Blvd.
The Variance which has been requested may be granted upon a finding
of the 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 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, makes the following findings of facts:
1. Petitioner was not present for the hearing of this petition.
On the basic of the above findings of fact, and on the evidence
presented at the hearings, the Board of Appeal concludes as follows:
1. No special conditions exist which especially affect the
subject property as opposed to the district in general.
2. Literal enforcement of the Zoning Ordinance would not involve
substantial hardship to the petitioner.
3. Desirable relief requested cannot be granted without substantial
detriment to the public good or without nullifying and
substantially derogating from the intent of the district or
the purpose of the Ordinance.
Therefore, the Board of Appeal voted 0 in favor and 5 in opposition
to the motion to grant the Variance, having failed to garner the
required votes to pass, the motion is defeated and the petition is
denied.
DECISION OF THE PETITION OF ELIZABETH NORTON REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 3 HAWTHORNE BLVD. (R-2)
page two
Variance Denied
October 16, 1996
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Albert Hill. 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 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 of Special Permit granted herein
shall not take effect until a copy of the decision bearing the
certification of the City Clerk that20 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
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C1Fi"K'S OFFICE
DECISION ON THE PETITION OF MR. & MRS BRIAN L. HEATH FOR A SPECIAL
PERMIT/VARIANCE AT 3 HAWTHORNE BOULEVARD.
A hearing on this petition was held September 17, 1997 with the following
Board Members present: Nina Cohen, Chairman; Richard Dionne, Joseph Ywuc
and Albert Hill . 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, owner of the property, is requesting a Special Permit/Variance
to enable off street parking from the required 12 feet to 10 feet minimum
aisle width for the property located at 3 Hawthorne Blvd. (R-2)
The Special Permit/Variance which had been requested may be granted upon a
finding by 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 lands, buildings and structures involved.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the
petitioners.
3. 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 . There was no opposition in this matter.
2. This will allow petitioner a fuller use of the property.
3. The Petitioners requested, Grant Leave to withdraw the Special Permit
without prejudice. The request was granted,4 in favor, 0 in opposition.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal voted unanimously, 4-0 to grant
the variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statues, ordinances,
codes and regulations.
2. All construction shall be done as per the plans and dimensions
submitted and approved by the Zoning Enforcement Officer and the City
Engineer.
DECISION OF THE PETITION OF MR. & MRS BRIAN L. HEATH FOR
A SPECIAL PERMIT/VARIANCE AT 3 HAWTHORNE BOULEVARD, SALEM
page two
Variance Granted
September 17, 1997
Albert C. Hill , Jr.
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 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
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MEMO -000
ANDASSOCIATES INC.REALTORS
ROBERT I. LATHAM
OFFICE:(508)745-2004-1-800-875-2920
FAX:(508)745-0450
RESIDENCE:(617)631-8666•(617)6313933
221 DERBY STREET SALEM, MASS. 01970
MSPCC
MA5SACHUSETT5S0CIETYF0R THEPREVENTIONOFCRUELTY TO CHILDREN
September 11, 1996
NORTHEAST REGION
Regional Administrator Ms. Elizabeth Norton
Denis Grandbois C/O Hunneman Inc.
Regional Office 23 Summer St.
439 SOUTH UNION STREET Salem, MA 01970
LAWRENCE,MA 01843
508-682-9222 Dear Ms. Norton:
FAX:508-681-9508 MSPCC grants you permission to seek a variance to alter the use of the 3
Satellite Office Hawthorne Blvd. property currently owned by MSPCC.
191 NORTH COMMON ST.
LYNN,MA 01905
617-586-8350
Sincerely:
FAX:617-586-8355
Denis r"
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Regional Administrator n N
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