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8 RANDALL STREET - ZBA 8 Randall Street R_2 Andre M. Aoun _ x CHU of Iem, �ttssttcljusetts M ;04 �Ronrb of �u}zCnl March 15, 1994 YOU ARE HEREBY NOTIFIED THAT AS OF MARCH 9, 1994 THE DECISION OF THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE CITY CLERK TO GRANT THE PETITION OF ANDRE AOUN FOR A VARIANCE TO ALLOW SPECIALTY BAKERY BUSINESS AT 8 RANDALL STREET. BUSINESS IS TO BE AN OWNER OCCUPIED BUSINESS ONLY, NO RETAIL, ANY CUSTOMERS WILL BE BY APPOINTMENT ONLY, THE OWNERS WILL PICK UP SUPPLIES AND MAKE THE DELIVERIES, THERE WILL BE NO EMPLOYEES. BOARD OF APPEAL BRENDA M. SUMRALL 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 1 t1�it of . 5nlem, Tnssndjusetts dura of Av{reul u 312 C7 CL DECISION ON THE PETITION OF ANDRE M. AOUN FOR A VARIANCE AT 8 RANDALL STREET (R-2) A hearing on this petition was held February 16, 1994 with the following Board Members present: Stephen Touchette, Acting Chairman; George Ahmed, Albert Hill, Stephen O'Grady and Associate Member Nina Cohen. 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 Variances to allow a home bakery business dealing with specialty orders and no retail. Property is located in the Residential Two Family District. (R-2) The Variance which has 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 petitioner. 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 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 has owned this home for six (6) years. 2. The petitioner needs the additional income. 3. The petitioner and his wife will be the sole employees. 4. The majority of orders will be taken by phone and customers will be seen by appointment only. 5. The petitioner will pick up supplies and deliver the finished product. DECISION ON THE PETITION OF ANDRE M. AOUN'FOR A VARIANCE AT 8 RANDALL STREET, SALEM page two 'u,,e 9 3 14 6. There was support and opposition in equa' measure. On the basis of the above findings of fact, and'-on 'the"eviidence presented at the hearing, the Board of Appeal concludes as follows: 1. Special conditions exist which especially affect the subject property but not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioner. 3. Desirable relief can 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. Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the variance requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All construction shall be done in strict accordance with the plans and dimensions submitted. 3. Petitioner shall comply with all requirements of the Salem Fire Department relative to smoke and fire safety. 4. A Certificate of Inspection is to be obtained. 5. This variance is to remain in effect for a period of three (3) years, the petitioner may reapply at that time. 6. Parking shall be provided in accordance with plan submitted. 7. Customers shall be seen by appointment only. 8. There shall be no outside signs. 9. This is to remain an owner occupied business. 10. No retail sales shall be permitted and goods must be delivered to customers . 11. There shall be no employees. Variance Granted February 16, 1994 Ste�chette, V.Chairman Board of Appeal d DEGISION ON THE PETITION OF ANDRE M. AOUN A FOR VARIANCE AT 8 RANDALL` STREET, SALEMM, page three 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 cs� W �3ottrb of Avpeal �x a ryry p 'Q'�wn 11Hi� J 12 DECISION ON THE PETITION OF ANDRE M. AOUN FOR A VARIANCE AT S RANDALL STREET (R-2) A hearing on this petition was held February 16, 1994 with the following Board Members present: Stephen Touchette, Acting Chairman; George Ahmed, Albert Hill, Stephen O'Grady and Associate Member Nina Cohen. 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 Variances to allow a home bakery business dealing with specialty orders and no retail. Property is located in the Residential Two Family District. (R-2) The Variance which has 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 petitioner. 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 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 has owned this home for six (6) years. 2. The petitioner needs the additional income. 3. The petitioner and his wife will be the sole employees. 4. The majority of orders will be taken by phone and customers will be seen by appointment only. 5. The petitioner will pick up supplies and deliver the finished product. DECISION ON THE PETITION OF ANDRE M. AOUN FOR A VARIANCE AT 8 RANDALL STREET, SALEM page two .,.'R 9 3 14 r . ' i 6. There was support and opposition in equal measure. 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 exist which especially affect the subject property but not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioner. 3. Desirable relief can 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. Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the variance requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All construction shall be done in strict accordance with the plans and dimensions submitted. 3. Petitioner shall comply with all requirements of the Salem Fire Department relative to smoke and fire safety. 4. A Certificate of Inspection is to be obtained. 5. This variance is to remain in effect for a period of three (3) years, the petitioner may reapply at that time. 6. Parking shall be provided in accordance with plan submitted. 7. Customers shall be seen by appointment only. 8. There shall be no outside signs. 9. This is to remain an owner occupied business. 10. No retail sales shall be permitted and goods must be delivered to customers. 11. There shall be no employees. Variance Granted February 16, 1994 Ste�chette, V.Chairman Board of Appeal °r DEGISION ON THE PETITION OF ANDRE M. AOUN A FOR VARIANCE AT 8 RANDALL STREET, SALEM page three 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 v C17 C� - r c.n L Qlity of .Solent, '7Tassadjusetts 3 �9curb of Av}Tettl °4 I wR J 3 12 C SS DECISION ON THE PETITION OF ANDRE M. AOUN FOR A VARIANCE AT 8 RANDALL STREET (R-2) A hearing on this petition was held February 16, 1994 with the following Board Members present: Stephen Touchette, Acting Chairman; George Ahmed, Albert Hill, Stephen O'Grady and Associate Member Nina Cohen. 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 Variances to allow a home bakery business dealing with specialty orders and no retail. Property is located in the Residential Two Family District. (R-2) The Variance which has 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 petitioner. 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 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 has owned this home for six (6) years. 2. The petitioner needs the additional income. 3. The petitioner and his wife will be the sole employees. 4. The majority of orders will be taken by phone and customers will be seen by appointment only. 5. The petitioner will pick up supplies and deliver the finished product. DECISiCN ON THE PETITION OF ANDRE M. AOUN FOR A VARIANCE AT 8 RANDALL STREET, SALEM page two ,C. �,.� 9 3 iu his 6. There was support and opposition in equaH measure. CIT 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 exist which especially affect the subject property but not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioner. 3. Desirable relief can 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. Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the variance requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All construction shall be done in strict accordance with the plans and dimensions submitted. 3. Petitioner shall comply with all requirements of the Salem Fire Department relative to smoke and fire safety. 4. A Certificate of Inspection is to be obtained. 5. This variance is to remain in effect for a period of three (3) years, the petitioner may reapply at that time. 6. Parking shall be provided in accordance with plan submitted. 7. Customers shall be seen by appointment only. 8. There shall be no outside signs. 9. This is to remain an owner occupied business. 10. No retail sales shall be permitted and goods must be delivered to customers . 11. There shall be no employees. Variance Granted February 16, 1994 Ste�chette, V.Chairman Board of Appeal 4 d DEGISION ON THE PETITION OF ANDRE M. AOUN A FOR VARIANCE AT 8 RANDALL STREET, SALEM page three 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 W r -s, of �$ttlem, � ttssttcljusetts 3 �3ottrd of �pPeul ^ 3 12 Y '3q C!TY SS DECISION ON THE PETITION OF ANDRE M. AOUN FOR A VARIANCE AT 8 RANDALL STREET (R-2) A hearing on this petition was held February 16, 1994 with the following Board Members present: Stephen Touchette, Acting Chairman; George Ahmed, Albert Hill, Stephen O'Grady and Associate Member Nina Cohen. 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 Variances to allow a home bakery business dealing with specialty orders and no retail. Property is located in the Residential Two Family District. (R-2) The Variance which has 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 petitioner. 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 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 has owned this home for six (6) years. 2. The petitioner needs the additional income. 3. The petitioner and his wife will be the sole employees. 4. The majority of orders will be taken by phone and customers will be seen by appointment only. 5. The petitioner will pick up supplies and deliver the finished product. DECISION ON THE PETITION OF ANDRE N. AOUN FOR A VARIANCE AT 8 RANDALL STREET, SALE.74 page two r 6. There was support and opposition in equal measure. CITY On the basis of the above findings of fact, and'-an�'the"'evidence presented at the hearing, the Board of Appeal concludes as follows: 1. Special conditions exist which especially affect the subject property but not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioner. 3. Desirable relief can 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. Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the variance requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All construction shall be done in strict accordance with the plans and dimensions submitted. 3. Petitioner shall comply with all requirements of the Salem Fire Department relative to smoke and fire safety. 4. A Certificate of Inspection is to be obtained. 5. This variance is to remain in effect for a period of three (3) years, the petitioner may reapply at that time. 6. Parking shall be provided in accordance with plan submitted. 7. Customers shall be seen by appointment only. 8. There shall be no outside signs. 9. This is to remain an owner occupied business. 10. No retail sales shall be permitted and goods must be delivered to customers. 11. There shall be no employees. Variance Granted February 16, 1994 Step en Touchette, V.Chairman Board of Appeal DEGISION ON THE PETITION OF ANDRE M. AOUN A FOR VARIANCE AT 8 RANDALL STREET, SALEM page three 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 s = W _ Y P E T I T 1 0 N February 16 , 1994. We , the undersigned abutters and neighbors , have no objection to the petition of Andre Aoun , for the variance of home business/catering at : 8 Randall Street . 4- -Aea� L vs"J�6 &" e 5t,ce J aaa. hoV UPAt3 P1 t-&c�x & , cl Kai IDC1 81 04LLaE IN-8IN-861�ou,4 Oin 0- , 02cC U --_ V , p L4 6_.,A 1,IU 'L Ott l� KGU WQ, OJLQ ,F2�uk!Kq '10 6�aare �C� JDeoln - f�. _ t OL --- CAA Kk _ w" aV' �oH.te _ Meld "Uas . We. CLU '�'`� coag kA, rec� Cu� C& go"-Lc ao fay-j LAO a , i.oLtA.9- r' ado 1t�P.RP WtPQ �JE S1�G�0.kP,UJ Cw�rOiuQJW 0. WNEr� y 'Dpp L"IAQ..�� 0. 4.V U CA 1.A _ 4Q eA TLIU.4� CL 4h,O 14 WI J O In 0 0. CIL cu)O-L l o o tc4e uh d e Av- . UkttL,,, Ob d (No.., '�'Aj care(,L LOA, � . ST, X4, i �7d to a . Thr 00 , Za 6-,�7 & ,nit.) Cines l��) to a . :. 21A Buffum Street Salem, MA 01970 February 15, 1994 Dear Board of Appeals: We would like to strongly urge you to deny Andre Aoun's request to change the zoning for his 8 Randall Street property. The traffic on Buffum Street is a.lr.ea.dy outrageous due to people trying to cut zr around North Street usually wa-y over the speed limit. Several children have been hit by speeding vehicles and we ourselves have lost two pets right in front of our house which is directly across from Randall Street. Changing the zoning would increase the traffic on our already over- burdened street. We a.re also only one block from North Street. If this precident is set, what 's to. prevent our street from changing to a. business district also: Please note"our objection. Tha.nk..you: e ,. ,. Sincerely, A. Mr. 'and Mrs. Michael Huth c t v Board of Appeal, Building Department February 16, 1994 05 City of Salem, Salem, MA 01970 508-745-9595 ext. 381 RE: Andre M. Aoun petition, 8 Randall Street (R-2 ) Variance to allow catering & food processing To Whom It May Concern: I am interested because my driveway faces the intersection of Buffum and Randall Street; I deal daily with whatever happens on both streets . Although I do not know Mr . Aoun, he has been of benefit to the neighborhood with regard to the restoration and care of his property. Therefore it is with hesitation that I ask you to take into consideration the information below. 1 . Variance to Cease with Cessation of Ownership My understanding is that this variance would NOT change the zoning. If you do decide in his favor, it is essential that it be limited to his ownership of the property and business . This is a residential neighborhood filled with children; not an appropriate place for a business . 2 . Existing & Current Problems with Cars & Traffic a . Narrow Street with Limited Access Randall Street is one lane and one way, leading from Buffum Street to North Street . b. Frequent Blockage of Randall Street If anyone is dropping off children or accepting an oil delivery, traffic backs up from Randall Street onto Buffum Street, thereby blocking both streets . This is sometimes made worse by cars parked on the narrow sidewalks of Randall street. C . Inadequate Parking for Randall Street inhabitants Apparently residents of Randall Street lack parking, for they park nightly on Buffum Street . This leads to inadequate snow removal from Buffum Street and tough walking for children. 4 . Neighborhood Children Are Not Safe Both Randall and Buffum streets are lined with houses full of children. They are in constant danger from backed up traffic and hazardous walking conditions . I wish Mr . Aoun the best and offer my help in addressing any of these problems. Sincerely, Charlene D. Lo 21 1/2 Buffum Street !� Salem, MA 01970 508-744-Q6540 i .0 - ��/ems �•4, bi y7o 7o TLi z ?o aiel e , T e O i� ia cc. �no�L�o-�.O�J a1r27k lw&qdG� �D(a na"zwj ane-WA1.3 > �,, �-vuD,aC�e v 21A Buffum Street Salem, ffi9 01970 February 15, 1994 Dear Board of Appeals: We' would like to strongly urge you to deny Andre Aoun's request to change the zoning for his 8 Randall Street property. The traffic on Buffum Street is already outrageous due to people trying to cut around North Street usually way over the speed limit. Several children have been hit by speeding vehicles and we ourselves have lost two pets right in front of our house which is directly across from Randall Street. Changing the zoning would increase the traffic on our already over- _burdened street. We are also only one block from North Street: If this president is set, what's to prevent our street from cha.nging to a. business district also: Please note our objection. Thank you. Sincerely, * � *e. Mr. and Mrs. Micha.&l Huth q f � t s i