6 WARD STREET - ZBA D �
6 WARD-STREET -
i
I
IL
e
U
Legal Notice
t CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext 381
Will hold a Public hearing for all
persons interested in the petition sub2
mitted by DYLAN CADWALADERt
i requesting a Variance from parking to
convert an existing nonconforming
store to conforming residential for,
Property located at 6 WARD STREET
R-3.Said hearing to be held WEDNES.
DAY, DECEMBER 17,2003 AT 6:30
P.M., 120 WASHINGTON STREET,
3RD FLOOR,ROOM 313.
` Nina Cohen
rl{ Chairman
I
I
:i
o CITY OF SALEM MASSACHUSETTS
BOARD OF APPEAL CITY y�t}`�1F� A(a ►,�•
�) 120 WASHINGTON STREET, 3RD FLOOR. ICLCiIK'S
SALEM, MA 01970
TEL. 97B 745-9595
�Amr�
TEL. (978)
FAX (978) 740-9846
STANLEY J. USOVICZ,,JR. -
MAYOR ,1083;DECT3'. P' I>. 1'
DECISION OF THE PETITION OF DYLAN CADWALDER REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 6 WARD STREET R-3
A hearing on this petition was held December 17, 2003 with the following Board
Members present: Nina Cohen, Stephen Harris, Richard Dionne, Joseph Barbeau and
Bonnie Belier. 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.
The petitioner is requesting a Variance from parking to convert an existing non-
conforming store to conforming residential for the property located at 6 Ward Street
located in a R-3 zone.
The Variances, which have 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
structure involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
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 of 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 Petitioner, Dylan Cadwalder represented himself at the hearing.
2. Petitioner seeks a variance from the Zoning Ordinance Section 7-3 (Off-street
Parking) to convert an existing non-conforming store to conforming residential 3
unit building.
3. There was no opposition to the proposed petition.
Y
DECISION OF THE PETITION OF DYLAN CADWALDER REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 6 WARD STREET R-3 .
pagetwo
On the basis of the above findings of fact, and on,the evidence presented at the
hearing, the Zoning Board of Appeal concludes as follows
1. Special conditions exist which especially affect the subject property but not the
District.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
3. Desirable relief can 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.
Therefore, the Zoning Board of Appeal voted 4 in favor and 1 in opposition to grant the
Variances requested, subject to the following conditions;
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
3. All construction shall be done as per plans submitted and approved by the Building
Commissioner.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing the
existing structure.
6. Petitioner shall obtain a Certificate of Occupancy.
Variance Granted
December 17, 2003
Bonrne Belair �`��
Board of Appeal, Member
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CIITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17 of the
Massachusetts General Laws Chapter 40A,.and shall be filed within 20 day
date of filing of this decision in the office of the City Clerk. Pursuant to
Massachusetts General Laws Chapter 40A, Section 11. The Variance or Special
Permit granted herein shall not take effect until a copy of the decision bearing the
certificate of the City Clerk that 20 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 record or is recorded and noted on the owner's Certificate of Title.
Board of Appeal