6 WARD STREET - ZBA (2) - - 6 Ward St.
- - `—- — Rosano Berube (Owner)
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DECISION ON THE PETITION OF LUIS A. PEREZ (PETITIONER) , ROSARIO
BERUBE (OWNER) FOR SPECIAL PERMIT & VARIANCE AT 6 WARD ST. (R-3)
A hearing on this petition was held April 18, 1990 with the following Board
Members present: James Fleming, Chairman; Richard Bencai , Mary Stirgwolt, Assoc-
iate Members Dore and 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 is requesting a Variance from parking and a Special Permit to allow
restaurant in this R-3 district Property is currently owned by Rosario- Berube.
The Variance which has been requested may be granted upon a finding by this
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 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 provision of the Salem Zoning Ordinance which is applicable to this request
for a Special Permit 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 procedure 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, provides, however, that such change,
extension, enlargement or expansion shall not be substantially more detrimental
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 may 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 Board of Appeal , after careful consideration of the evidence presented, and
after viewing the plans submitted, makes the following findings of fact:
1 . The proposal was to use the first floor of the three story building primarily
as a take-out restaurant with six (6) seats provided for inside service.
DECISION ON THE PETITION OF LUIS A. PEREZ (PETITIONER) , ROSARIO BERUBE
(OWNER) FOR SPECIAL PERMIT AND VARIANCE AT 6 WARD STREET, SALEM
page two
2. A paint store formerly occupied the site.
3. Petitions in support and in opposition to the proposal were submitted.
4. Those present at the hearing spoke in opposition to the proposal citing
concerns about existing parking and fire safety (due to parking problems) .
5. No parking would be provided.
6. Petitioner stated that most customers would be walking and agreed to
operate between 9:00 P.M. and 7:00 P.M. only.
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 involve
substantial hardship to the petitioner;
3. Desirable relief cannot be granted without substantial detriment to the public
good or without nullifying and substantially derogating from the intent of the
district or purpose of the Ordinance. r
Therefore, the Zoning Board of Appeal voted two (2) in favor, three (3) opposed to
the granting of the requested Special Permit and Variance. Having failed to
obtain the required four (4) affirmative votes necessary to pass the motion to
grant is defeated and the Variance and Special Permit is denied.
VARIANCE & SPECIAL PERMIT DENIED
eter A. Dore, Acting Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal from this decision. It 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.
Pur,.uant to Mass. General Laws, Chapter 808, Section 11,the Variance
o: Permit granted herein shall not take effect until a copy of the
ee-.ision, ';airing the certification of the City Clerk that 20 days have
elapsed cn� no appeal has been filed, or that, if such appeal has been _
filed,that ii hts heen dismisse6l or denied is recorded in the South Essex
Registry of Deeds and indexed under the name or the owner of record a.
is recorded and noted en the owner's Certificate of Title..
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