67 MASON STREET - ZBA OW1 67 MASON STREET
LEONARD S. BONFANIT
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DECISION ON THE PETITION OF LEONARD BONFANTI REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 67 MASON STREET (I)
A hearing on this petition was held July 17, 1996 with the following
Board Members present: Gary Barrett, Chairman; Nina Cohen, Joseph
Ywu, Albert Hill and Richard Dionne. 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 to convert a three family dwelling to
a four family dwelling for the property located at 67 Mason Street.
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 is the owner of the subject property as he is the
trustee of Ruth Realtv Trust, and as Trustee, he also owns
property at 61 Mason Street and 69-71 Mason Street.
2. Petitioner was represented at the hearing by Attorney Neil
Sahagian, who represented that Claire Nunes from ARC, had been
in attendance at the hearing to speak in favor of the petition.
3. Petitioner currently leases three apartments at the premises to
a blind person and two disabled individuals through ARC. Counsel
represented that none of these tenants operate a motor vehicle.
4. Ruth Bonfanti , petitioner's wife, spoke in favor of the petition,
and represented that the proposed fourth unit would be occupied
by her grandson who will be attending Salem State College.
5. Ti appeared that the subject property had insufficient on-site
parking for the proposed expansion, and no plans were submitted
to demonstrate otherwise. The on-site parking which was
suggested required "piggy-backed" spaces which are not permitted.
6. Petitioner represented that there would be sufficient parking
made available at the property he owned at 61 Mason Street and
or at 69-71 Person Street.
7. The propertv had once been used as a four-family dwelling, and
:.are .could __:struct.` , .n _.= fired st the rr*oeert-,
S. The subject property is located in an industrially zoned area.
DECISION ON THE PETITION OF LEONARD BONFANTI REQUESTING A VARIANCE
• FOR THE PROPERTY LOCATED A 67 MAS0N STREET ( I ) .
page two
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 3 in favor and 2 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.
Variance Denied
June 17, 1996 • 01 ✓� g� /'S'C , \
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Gary Barrett. Chairman
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 Citv 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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JULY 30, 1996
YOU ARE HEREBY NOTIFIED THAT AS OF JULY 30, 1996 THE DECISION OF
THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE CITY CLERK TO
DENY THE PETITION OF LEONARD BONFANTI REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 67 MASON STREET, SALEM, MASS.
PETITION DENIED
BOARD OF APPEAL
SALLY C. MUkTAGH
CLERK OF THE BOARD
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
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/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