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9 RICE STREET - ZBA RTCE' STRE-&T. cl- �. c r' , r Ctu of ttlem, C ttssttt�it `et#� �` �a 'B 3? FILE d' Ottrb of tAppenl DECISION ON THE PETITION OF FRED C. PAGE FOR A SPECIAL PERMIT FOR 9 RICE ST. , SALEM A hearing on this petition was held August 20, 1986 and continued until August 27, 1986 with the following Board Members present: Edward Luzinski, Acting Chairman; Messrs. , Bencal, Strout and Associate Member Dore. 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 a Special Permit to allow a two family dwelling and a Variance from parking requirements in this R-2 district. The provision f the Salem Zoning Ordinance which is applicable to this request for a Special ' :rmit is Section V B 10, which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedures and conditions set forth in Section VIII F and IX D, grant Special Permits for alterations and reconstruction of non- conforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land, structures, and uses, provided, however, that such change, extension, expansion or enlargement shall not be substantially more detri- mental than the existing nonconforming use to the neighborhood. In more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request nay be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. 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 and structures in the same district; b* literal enforcement of the provisions of the Zoning Ordinance would in- volve substantial hardship, financial or otherwise, to petitioner; and 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 . Adequate legal parking could not be supplied; 2. Substantial opposition to the proposed two family. ' DECISION ON THE PETITION OF FRED C. PAGE FOR SPECIAL PERMIT AND VARIANCE FOR 9 RICE ST. , SALEM 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 . The relief requested will not promote the public health, safety, convenience and welfare of the City's inhabitants; 2. Literal enforcement of the provisionsof theZoning Ordinance would not involve substantial hardship to the petitioner; 3. The desired relief cannot be granted without nti lly substantial derodetriment ing from t the public good and without nullifyingr substathe Ordinance. intent of the district or the purpose Therefore, the Zoning Board of Appeal voted three (3) in favor of granting, one (1 ) opposed to granting (Mr. Dore) . The motion failed to carry the required four votes, petition is denied. DENIED Peter Strout, Member, Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK SH SLL BE ..SP`_ PC"SC".T TC S"Tlr)" 17 CF Til° ..•,. 4L f.C•,, THIS CE�L!J:A - .rIY. _ �_;� +.r� CAiS . -En THE U•.•ic [." ri. -E 6EF L L 1 - ' ERR Fl::r AF--q i.'r' 'A _ of - �i L- - C in. . P.EC. _! TK SJu!ii ESS ;ucR S uEr,TIFP.: EX PE.IS i`•r �F Rr RECORD OR IS REGURDED AND M1G1ED 0.! THE 0. . " or TILE. BOARD OF APPEAL •°°"°" llti Dtl$Iri� � �cI55cICII5E� 5 Office of file (llitV (11aixncil gsofN�xe��� WARD COUNCILLORS GEORGE P. McCABE 7986 COUNCILLORS-AT-LARGE PRESIDENT 1986 GEORGE A. NOWAK JOSEPHINE R. 'FUSCO KEVIN R. HARVEY ROBERT E. GAUTHIER CITY CLERK VINCENT J. FURFARO FRANCES J. GRACE LEONARD F. O'LEARY NEIL J. HARRINGTON JEAN-GUY J. MARTINEAU RICHARD E. SWINIUCH GEORGE P. MCCABE JOHN R. NUTTING August 27, 1986 Mr. James Hacker, Chairman Re: Petition of Fred C. Page .Board of Appeals 9 Rice Street 7 Ugo Road Salem, Mass. 01970 Dear Chairman Hacker: I am writing you so that my stand on parking in Ward 2 can be clear and consistent. 1. I do not support any variance frcn the required one and one- half (1�) spaces per dwelling unit in an R-2 district. 2. I do not support "piggy-backing" cars to satisfy this require- ment. I would appreciate it if the Board would stand by my recommend- ations. Sincerely, R. HARVEY KRH/jc Elifu of i:llezii, ��ztis�t�1#�c�e## Office of file (li#v Lonluil �=.� s r fL(ifu �ttll •9falpp;E�'n WARD COUNCILLORS GEORGE P. McCASE 1986 COUNCILLORS-AT-LARGE PRESIDENT 7986 GEORGE A. NOWAK JOSEPHINE R. FUSCO KEVIN R. HARVEY ROBERT E. GAUTHIER CITY CLERK VINCENT J. FURFARO FRANCES J. GRACE LEONARD F. O'LEARY NEIL J. HARRINGTON JEAN-GUY J. MARTINEAU GEORGE P. MCCASE RICHARD E. SWINIUCH JOHN R. NUTTING August 27, 1986 Mr. Janes Hacker, Chairman - Re: Petition of Fred C. Page Board of. Appeals 9 Rice Street 7 Ugo Road Salem, Mass. 01970 Dear Chairman Hacker: I am writing you so that my stand on parking in Ward 2 can be clear and consistent. 1. I do not support any variance from the required one and one- half (1' ) spaces per dwelling unit in an R-2 district. 2. I do not support "piggy-backing" cars to satisfy this require- ment. I would appreciate it if the Board would stand by my reccmiiend- ations. Sincerely, KEVIN R. HARVEY YRH/J c - We the undersigned residents and home owners of Rice Street oppose the granting of a svariance from parking regulations to Fred C . Page of 9 Rice Street . The street already has a severe parking problem. Parking is only permitted on one sideasthe street is very narrow. Signs are posted indicating this. Cars park under these signs making it almost impossible to get out of our driveways or drive down the 2-way street . Emergency equipment could not come down Rice Street most nights because of the illegally parked cars . We have asked the Police Department to tag�the illegally parked cars but this is rarely done . If the variance from parking is approved you will only add to the parking prob em. S 4W4