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7 ST PAUL STREET - ZBA 7 St. Paul St. g_4 Paul Connolly .v:[lti4 f�itg of "ttlem, CttssttchusPft� j Pnttrb of ,Appral OCT 30 2 s u Pu '$E+ FILE,"• DECISION ON THE PETITION OF PAUL CONNOLLY FOR VARIANCES i FOR 7 ST. PAUL ST. CITY C1.° i A hearing on this petition was held October 15, 1986 with the following Board Members present: James Hacker, Chairman; Messrs. , Fleming, Luzinski, Strout and Associate Member Labrecque. 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, requests a Variance to allow him to rent five , i rooms in this single family dwelling and a Variance from parking requirements. Property is located in a B-4 district. i The Variances which have been requested may be granted upon a finding of the Board that: i 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 involve substantial hardship, financial or otherwise, to the 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. j 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 . There was substantial opposition by abutters and neighbors; .2. There is a serious parking problem on the street; 3. There was substantial opposition because the owner has illegally used the dwelling to house up to thirteen (13) people; 4. Relief could not be granted without detriment to the public good. 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 land, building or structure involved and not other lands, buildings and structures in the same district; 2. Literal enforcement of the Ordinance would not involve substantial hardship to the petition; and 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying or substantially derogating from the intent of the district of the purpose of the Ordinance. i DECISION ON THE PETITION OF- PAUL CONNOLLY FOR VARIANCES FOR 7 ST. PAUL ST. , SALEM page two Therefore, the Zoning Board of Appeal voted 3-2 against granting the Variances requested. Messrs. , Fleming, Luzinski & Labrecque voted in favor of granting, Messrs. , Hacker & Strout voted against granting. Having failed to carry the required four (4) votes to grant, the 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 APPEAL FRO',, THIS DECISION, IF ANY. SHALL BE N!ADE PURSUANT TO SECTIDN 17 OF THE _ GFN7EP L LA;:S. CHAPTEP, E::S. A.':D SFALL BE FILED 1','TH!% 23 DAYS F'iER THE G.^T 0:- fl_i:.3 . GF iKIS OEC!S.,p IN THE CFFICE OF THE CITi CLERK. F.. . E: r LAL SB3, SEE- N , -iHE \=.'!^^�'_ G' ;T GEp. GE).r:ED Hu.EB:. SHALL C'.: idFE EFFECT U;;T!L A COPY OF THE F;.�.I.I � A�f.EC ;!0 IC .E H_. P_=il ri�EO. OF THE CI;i _E "1 ZC -'.1'S HAti E_ - "=' - +,R T'r.:^i, IF SUCH AN APPEAL !i?a" E-E\ ME. ,HAF IT H F BEEN CIS':ii,ScC' '_ . -�i:IcG IS RECJROED IN THE S:,JTH ESSEX RE-.!'-R..- OF GEEDS k:fD 13 DE)'ED C';EE7 TF.-_ :U•.E OF THE OF RECORD OR IS RECORDED AND NDTEU oN THE Gr;NER'S CERTIFICATE GE TiT F. BOARD OF APPEAL We, the undersigned, and also neighbors of Mr.Paul Connolly, 7 St. Paul Street, Salem, MA strongly oppose the proposedchange of use, of his single family dwelling, to a rooming house. This neighborhood has been plagued for many years with congested parking and overcrowding of college students. We do not want or need any more increase in density to our neighborhood. We ask that the �Board of Appeal vote in favor of this petition. p p /gyp /1 d7�-CJ 1-2 Cam, 13-9-(�_ ---------- 1 I 1 1 N —41 E a y n a T In ��a?I f X Ih o --—� v� 0 � L ��yb1g6