5-7 SUMMER STREET - ZBA 5-7 Summer St: B-3
— -- --- - - i Richard & Diane Pabich
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Titg .of "Man, Alassar4usettq
uttrb of �ppeal
DECISION ON THE PETITION OF RICHARD AND DIANE PABICH FOR
A VARIANCE FOR 5-7 SUMMER STREET
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A hearing on this petition was held on April 20, 1983. A�� e MAOM TV'Board
Members present: James Hacker, Chairman, Scott Chat na&Etl*ting Secretary; Messrs. _
Piemonte, Hopper, LaBrecque, Associate Members Luzinski and Bencal. Notice of said
hearing was sent .to abutters and others and notice of her kespd.4gL lished in
the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A.
The Petitioners have requested a Variance for the property in question, an Inn, to -
allow them to lease two (2) fourth floor residential apartments in this B-3 district.
They also request a Variance from minimum parking requirements.
The Board_of Appeal, after consideration of the evidence presented at the public
hearing and after viewing plans of the property, makes the following findings of fact:
1. Because of the unusual location of the structure it would be quite
difficult, if not impossible, to provide the required parking spaces on site;
2. If the petitioners are not permitted to lease the two_(2) residential
apartments they will suffer financial hardship.
On the basis of the above findings of fact, and the evidence presented at the public
- " hearing; the. Board of Appeal concludes the following:
1. The inability of the property to meet minimum parking requirements is
a special condition which especially affects this property, and which does.,
not affect the other property in the same district;
2. The need for petitioners to let two (2) residential apartments is a special
condition or circumstance which especially affects this property, and which
does not generally affect other property in the same district;
3. Literal enforcement of the Salem Zoning Ordinance would result in unnecessary
hardship to petitioners;
4. The relief requested by petitioners 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 Salem
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Zoning Ordinance.
Therefore, the Board of Zoning Appeals voted unanimously in favor of approving the
grant of the variances requested by petitioners. The Board granted variances under
the following terms and conditions:
1. Petitioners may lease two (2) one-bedroom apartments on the fourth (4th)
floor of the premises;
DECISION ON PETITION OF RICHARD AND DIANE PABICH
FOR A VARIANCE FOR 5-7 SUMMER STREET
page two
April 20, 1983
2. The property may have less than the minimum amount of parking spaces
otherwise required by the Salem Zoning Ordinance,
3. Petitioners must obtain a Certificateo ���C��1a�nce *q�.�the Fire Marshall
before leasing either of the two (2) a i�fn4a�hts�: 00 0J
FILE$
CITY CLEM. S4LEN.MASS.
Scott E. Charnas, Acting Secretary
A COPY OF THIS DECISION AND PLANS HAVE 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 MASS.
GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF, THIS DECISION IN, THE OFFICE OF THE CITY CLERK. - -
PURSANT TO HASS. GENERAL LAWS. CHAPTER 808, SECTION 11, THE VARIANCE OR SPECIAL PE.^.GUT
. GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A.COPY OF THE.DECISION..BEARING THE CERT- _
WATION OF THE CITY CLERK. THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED,
LR THAT, IF SJBH AN APPEAL HAS BE[N FILE, THAT IT HAS BEEN DISMISSED OR DENIED IS
RECORDER IN THE SOUTH ]ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE CC:ice R
- _ OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. -
BOARD OF APPEAL - -
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