70 SUMMER STREET - ZBA 70 SUMMER STREET
DAVID W. BYORS
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DECISION ON THE PETITION OF DAVID W. BYORS REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 70 SUMMER STREET (R-2)
A hearing on this petition was held September 20, 1995 with the
following Board Members present: Stephen Touchette, Chairman; Gary
Barrett, Nina Cohen, Albert Hill and Associate Members Joseph Ywuc
and Arthur 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, located at 70 Summer Street, is
requesting a Variance to add (2) two additional units and a Variance
from parking.
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's property is a three story, four unit building
at the corner of Summer and Endicott Streets, in a densely
populated neighborhood.
2. Petitioner has improved the property by making necessary repairs
and has paved an area in the rear to add parking for two cars. He
proposes to add two additional living units to the building.
3. Speaking in opposition to the petition, the following neighbors
expressed that the neighborhood is too congested to support any
additional units and that parking situation is already difficult
for residents of the area and would be worsened by the granting
of a parking variance for two added units.
Carlotta Oddi 41-43 Endicott Street
Cynthia Oddi 41-43 Endicott Street
Caroly Bretta 79 Summer Street
Joan Giardi 73 Summer Street
Vincent DiBona 53 Endicott Street
Diane .tiller 68 Summer Street
DECISION OF THE PETITION OF DAVID W. BYORS REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 70 SUMMER STREET (R-2 )
page two
In addition, City Councillor John Donahue appeared in opposition
to the proposed variances, stating that an increase in density
would be detrimental to the neighborhood and would worsen the
parking problems on those streets.
On the basic of the above findings of fact, and on the evidence
presented at the hearings, the Board of Appeal concludes as follows:
1 . Special conditions do not exist which especially affect the
subject property and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance
would not involve substantial hardship to the petitioner.
3. The relief requested cannot be granted without substantial
detriment to the public good or without nullifying and
substantially derogating from the intent of the district or
the purpose of the Ordinance.
Therefore, the Board of Appeal voted unanimously, 0-5 in opposition
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 20, 1995
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 4OA, 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 4OA,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 that2O 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 repard�
or is recorded and noted on the owner's Certificate of Title.
Board of Appeal
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