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59 12 SUMMER STREET - ZBA ELL ''�a 74520 40% P4 �� �� � ��, `� J �� C� 1 J . ONDIT,{ CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR _ _ ( SALEM, MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 T+ FAX: 978-740-9846 KIMBERLEY DRISCOLL MAYOR DECISION ON THE PETITION OF CAREY PALMQUEST REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 59 '/: SUMMER STREET R-2 c� A hearing on this petition was held on August 16, 2006 with the following Board Members present: Robin Stein, Bonnie Belair, Annie Harris, Beth Debski and Stepheb Pinto. Notice of the hearing was sent to abutters and other and notices of the hearing o were properly published in the Salem Evening News in accordance with Massachusks- �3 General Laws Chapter 40A. w The petitioner is requesting relief from Section 7-2, off-street parking regulations forRfle" property located at 59/2 Summer Street located in an R-2 zone. The Variance which has been requested may be granted upon a finding of the Board that: a. Special conditions and circumstances exit 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 and after viewing the plans, makes the following findings of fact: 1. The property is located in the R-2 Zone. 2. The Petitioner sought approval from a curb cut to construct a driveway. 3. The Petitioners have owned the house for a number of years and want to sell the property. Peter Palmquest told the Board that constructing a driveway would help sell the property. 4. The owners of 59 Summer Street, immediate abutters, spoke against the project as they have a right of way over the proposed driveway area. A car parked in the proposed driveway would be inches from their house. 5. Creating the curb cut would remove two (2) on-street parking spaces. 6. The Board fully considered the application and did not believe that the requested relief conformed to the principals of the Zoning by law. l DECISION ON THE PETITION OF CAREY PALMQUEST REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 59 '/s SUMMER STREET R-2 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. 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 result in unnecessary hardship to the petitioner. 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially hardship derogating from the intent of the district or purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted 0 in favor and 5 in opposition to grant the requested variances. Having failed to garner the four affirmative votes required to pass, the motion is defeated and the petition is denied. VARIANCE DENIED AUGUST 16, 2006 I � Robin Stein 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 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 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 passed 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 owners Certificate of Title. Board of Appeal Natalie IF. (Dawes 61 Summer St. #1 Sarem, MA 01970 Absent at Meeting August 16 at 6:30 pm due to work schedule. Below are my comments on off street parking at the location of 59 '/z Summer St., Salem, MA Fence would need to stay up or a higher fence built to protect the garden and property and privacy of property abutting at 61 Summer St and 61R Summer St. Thank you for your consideration, Natalie F. Dawes IRON IRON ROD ROD FOUND SET 41.55 o LOT AREA NOTE: o = 2,329±S.F. N PREMISES ARE SUBJECT TO A 1.4' FOOT 13.70; IRON MADE EASEMENT FOR A GUTTER DRILL ROD OVERHANG AND A RIGHT OF WAY HOLE SET OVER SAID PREMISES FOR THE BENEFIT SET OF 59 SUMMER STREET. eo 0 0 m o d N I IRON DRILL R OD HOLE SET ;p o n v N ,t7 n 0.46' 3.46' 0.46. 4.65 46 \ 9.6 PKNAIL SET SET SUMER S BEET PLOT PLAN OF LAND PROPERTY OF ,EP.V\1\OF 144SS BEVERLY MASON MONTGOMERY a' s� 59 1/2 SUMMER STREET GAIL SALEM, MA st.IITH ;, SCALE 1" = 20' APRIL 11, 2002 No.35043 NORTH SHORE SURVEY CORPORATION 90 RFGIsTFaE° 47 LINDEN ST., SALEM, MA Fy.S'O/ C_ #1916