207 1/2 NORTH STREET - ZBA 0
207 1/2 NORTH STREET
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DECISION ON THE PETITION OF HOA T. COA d/b/a ANDY'S SUPERETTE
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 207 1/2 NORTH
STREET (R-2)
A hearing on this petition was held September 11, 1996 with the b
following Board Members present: Gary Barrett. Chairman; Nina Cohen;,'
Joseph Ywu, 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 to allow the sale of beer and malt in
an R-2 Zone for the property located at 207 1/2 North Street. c
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 leases and operates a convenience store at 207 1/2
'North Street. He seeks a variance to enable him to sell beer and
wine at that location, if the City Licensing Board were to grant
him a liquor license.
2. Opposition to the proposal was voiced by ten neighbors, including
the Ward Councillor, Sarah Hayes, on the following grounds:
(a) That because the store is located at the entrance to
McGlew Park, the sale of liquor at that store would likely
increase drinking in the park;
(b) That traffic to the store would increase as a result of
the liquor sales with resulting inconvenience and increased
danger to neighborhood residents;
(c) That the location of a store which stocked liquor on a
school bus stop would encourage underage drinking;
(d) That the litter in the neighborhood would increase and
would likely include broken glass and beer cans, thus putting
additional burdens on the neighbors.
v
DECISION ON THE PETITION OF HOA T. COA d/b/a ANDY'S SUPERETTE
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 207 1/2 NORTH
STREET (R-2)
page two
3. No one spoke on the petitioners 's behalf.
On the basic of the above findings of fact, and on the evidence
presented at the hearings, the Board of Appeai concludes as follows:
1. No special conditions exist which especially affect the
subject property as opposed to the district in general.
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2. Literal enforcement of the Zoning Ordinance would not involve'1
substantial hardship to the petitioner. a,
3. Desirable relief requested cannot be granted without substantial
detriment to the public good or without nullifving 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;, a
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
September 11, 1996
Nina Cohen
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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