96 NORTH STREET - ZBA (2) 96 NORTH ST. B-1
Arthur Chalifour - Pet.
Roman Caron - Owner
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DECISION ON THE PETITION OF ARTHUR H. CHALIFOUR FOR A •83 AUG 12 A10 :28
VARIANCE AT 96 NORTH STREET (ROMAN CARON-OWNER)
A hearing on this petition was held on July 27, 1983 with the 01��`1.agrr�g'B4'�r�CF
Members present: James Hacker, Chairman; Messrs. , Hopper, Luzin4A1_and'A's96ciate
_ Member Bencal. Notice of the hearing was sent to abutters and others and notices
of the hearing were published in the Salem Evening News in accordance with
Massachusetts General Laws Chapter 40A.
Petitioner is requesting a Variance to allow the use of a loading dock for
outdoor dining in this B-1 district.
The Board of Appeal, after consideration of the evidence presented at the public
hearing, and after viewing the plans of the property makes the following findings of fact:
1 . Vigorous opposition to petitioner's plan was raised by neighbors;
2. There have been prior violations with the Licensing Board and the
Building Inspector;
3. Expansion of the loading dock for dining has already been completed
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- ---- without a Building Permit;
4. Specific terms of the 1980 Variance requiring using loading dock for
such purposes has not been complied with;
5- Outside eating and drinking would not be in harmony with the neighborhood.
On the basis of the above findings of fact, and on the evidence presented at the
public hearing, the Board of Appeal concludes as follows:
1 . Petitioner has not net its burden of proving a special financial
hardship if a variance is not granted;
2. The desired variance cannot be granted without substantial detriment
to the public good;
3. The proposed use of the property is not in harmony with the neighborhood
Therefore, the Board of Zoning Appeal voted unanimously to deny the petitioner's
request for a variance.
AP;1EAL FRO:1 THIS DEC!S!^N, IF AN'Y, SHALL BE MADE PURSUANT TO SECTICN 17 OF THE MASS,
GENE^:d U:"S. CHdN1-_R '.IT A'•.2 SHALL DE FiL_) 411:11:1 20 DAYS AFTER THE DATE CF Fit IMG
GF TF!3 DE.;!S7:I . , v.-(:CE CF Tric 1I71 CLL?8. -
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.I ES , RE�ISTR4 OF 0@L;3 A'10 ED CY.UE,
OF REC330 OR IS Ii::..S4UE0 AnD NOTED ON THE OWCERS CERTIFICATE OF TC . 7'eS 13 Hacker, Chairman'
BOARD OF APPEAL -
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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Mr. A,� J. Mclntosh. d
Office of the. Building Inspectgr o-P j
City of Salem
Salem, Massachusetts 01970 Decemb. 982 ' ,
Dear Mr. McIntosh,:
On December 17, 1980 a decision was rende'ped fly the Salem Board of Appeals, j
concerning varience.s to the'property9,Rcated at 96,961, Nprtb. street, Salem,
Massachusetts.
I
One of the concers: of the. Board was that the boundary line dispute between r '
the ,parties he resglved, This was to he a.ecempi,is.bed by an agraement,that.r -
"release deeds s'hal,l be exchanged by the petitioner and his• abutter", and the I +,.
legal boundaries, will be, those on file at the Registry, of Deeds,, a.t Salem dated
January 31, 1947. This has been accompjisb, and the deeds' ha've .been exchanged, „
j
There have been several violations which have taken place since .,the Board l..
rendered its decision:
1. An additional' 14 feet has been added tolansagreed structure of onlyl , ;,' 1
12 feet.
2. It was agreed that a loading dock at the rear of 96-96z North street _ i
would be constructed for the delivery of goods and supplies so that "r
deliveries would not have to be made at the front of the building sojl
that the flow of', traffic, on North street would not be interrupted.)
The loading dock was not constructed as agreed, however a patio deck . :
was constructed and customers are served.
3. A fence hasll'been constructed at the rear of 96-961Z'North street and
overlaps the 1947 boundary line by approximately 5 feet.
4. A parking lot was made on the property at 'the` rear of. 92, 94 'and 96
North street. The loam was removed and replaced with gravel, this
changed the contour of the land by raising it. This changed the
flow of rain water in such a way as to cause my property to become
flooded.
I ,
Your kind attention to these violations is greatly appreciated.
Respectfully,
Tony Lenares
+ 17 Cloverdale Avenue
Salem, Mass. 01970 i
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