127 NORTH STREET - ZBA t�l 11 1`1�
127 NORTH STREET
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CITY OF SALEM, MASSACHUSETT$i 1 Y U,- �ALEM.,MA
BOARD OF APPEAL CLERK'S OFFICE
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. LISOVICZ, JR. TELEPHONE: 978-745-9595 AUG 2l l P 3 -08
MAYOR FAX: 978-740-9846 - - -
DECISION ON THE PETITION OF PHIL WYMAN REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 127 NORTH STREET R-2
A hearing on this petition was held on August 18, 2004, with the following Board
Members present: Nina Cohen, Chairman, Stephen Harris, Richard Dionne, Nicholas
Hellides and Bonnie Beliar. 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 a Variance from off —street parking regulations to allow 2
units to be created for the property located at 127 North Street located in 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. The Petitioner, Phil Wyman presented information regarding the history of the
property and background on the decision to apply for the variance. Parking is on
street in front of the property. No parking is available on the adjacent side street.
2. The neighbors spoke both in favor and in opposition to this petition..
3. Ms. Cohen, Chairman of the Board sited a previous petition that was denied
based on the lack of off-street parking.
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DECISION ON THE PETITION OF PHIL WYMAN REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 127 NORTH STREET 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 2 in favor and 3 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
August 18, 2004
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Nicholas Helides (4„ n,
Board of Appeal �/ � �J
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