95 FEDERAL STREET - PREMAN, RHONDA - ZBA 95 Federal St. R-2
David Rifkin Pet. ----
'_�Rhonda Preman Own.
`i
i
i
i
(1�i of Salem passar4uBelts F,
a s% Pourb of Appeal
,83 NOV -2 P3 :03.
DECISION ON THE PETITION OF DAVID RIFKIN (PETITIONER) FOR )r C` :-•'c z,r
A VARIANCE FOR 95-99 FEDERAL ST. , SALEM - RHONDA PREMAN (�[dNFi'J, _._-; t._•t
A hearing on this petition was held on October 19, 1983 with the following Board
'Members present: James Hacker, Chairman; Messrs. , Charnas, Luzinski, Piemonte
and Associate Member Bencal. Notices of the hearing were 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 requests a Variance to allow him to use the first floor of the. premises
as a law office and to convert an existing eight room apartment on the second floor
into two, four room apartments. The third floor to remain as is. The lot 'is _
currently owned by Rhonda R. Preman, and is in an R-2 district.
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, 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;
and
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 purposes of the Ordinance.
The Board of Appeal, after hearing the evidence presented at the hearing and after
viewing the plans of the property, makes the following findings of fact:
1 . Vigorous opposition to petitioner's plan was raised by neighbors;
2. The Planning Board is opposed to petitioner's plan;
3. The character of the immediate neighborhood is not commercial, but
residential;
4. The addition of another residence would further add to the density of
an extremely dense neighborhood.
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 . The Variance requested cannot be granted without substantial
detriment to the public good or without substantially derogating
from the intent of the district and the purpose of the Zoning
Ordinance.
DECISION ON PETITION OF DAVID RIFKIN FOR A
VARIANCE FOR 95-99 FEDERAL STREET
page two
Therefore, the Board of Appeal voted against granting the petition by a vote of
three against, one in favor, and one abstention. The petition is denied.
M _ W - - -
�-.
C-' _.
Cn
=> Scott E. Charnas, Acting Secretary-
PC)
ecretaryW U -
APPEAL FROM, THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE -
GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CIN CLERK. - -
PUR APIT TO ^SASS. GENERAL LANIS. CHAPTER 808. SECTION 11. THE VARIANCE OR SPECIAL PER'NT -
i-£AiJi EC HEREIN'. SHALL NOT TAKE EFFECT UNTIL A COPY OF THEDECICION, BEA?.:;:- THE 7_ J.
FIGATICN OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEfl FhEO,
OR THAT, IF SUCH AN APPEAL HAS BEEN FILE, THAT IT HAS BEEN DISMISSED OR -DENIED :S. -
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE RAME OF THE 0aP:--3 OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. _
BOARD OF APPEAL. - -
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK