107 FEDERAL STREET - BONARDA, PAUL - ZBA 107 Federal St R-2
_ Paul Bonarda
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DECISION ON THE PETITION OF PAUL BONARDA FOR A VARIANCE AND SPECIAL PERMIT
FOR 107 FEDERAL STREET, SALEM, MASS. CIT
A hearing on this petition was held on October 17, 1984 with the following
Board Members present: Acting Chairman, Edward Luzinski, Secretary Scott
Charnas, Messrs. Gauthier and Strout. 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 40 A.
The petitioner, the owner of the premises, seeks a Special Permit to allow
him to convert an existing store into an apartment; also, he requests a
Variance from minimum parking requirements so that he would be required to
maintain only three on-site parking spaces. The premises, in an R-2 district,
already has two dwelling units.
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 nonconforming
structures, and for changes, enlargement, extension or
expansion of nonconforming lots, land, structures,
and uses, provided, 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.
P.
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 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 purpose of the Ordinance.
DECISION ON THE PETITION OF PAUL BONARDA FOR A VARIANCE AND SPECIAL PERMIT
FOR 107 FEDERAL STREET, SALEM
PAGE TWO
WT
The Board of Appeal, after hearing the evidence presented at the hearing and
viewing the plans, involkes the following findings of farY r, +
IS -;SE
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1. The petition is substantially and materially different from a prior
petition, filed within the last 2 years, concerning this same parcel;
2. Opposition to petitioner's plan was presented by neighbors;
3. The area in which the premises is located in one of the most beautiful
and charming areas of the city;
4. Parking is a significant problem in this neighborhood;
5. The addition of another apartment on the premises would increase or
tend to increase density of population in the area, and would tend to
exaserbate the parking problem in the neighborhood;
6. Petitioner bought the premises when he knew or should have known
that zoning requirements prohibited adding a third dwelling unit.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Board concludes as follows:
1. It is appropriate for the Board to hear this petition on the merits;
2. The addition of a third apartment may be substantially detrimental
to the public good, and would derogate substantially from the intent
and purpose of the Zoning Ordinance,
3. There is no hardship to petitioner if the terms of the ordinance
relating to minimum parking requirements are enforced literally.
Therefore, the Board of Zoning Appeal voted 4 to Q against granting the
Special Permit and Variance requested. PETITION DENIED,
Scott E. Charms, Secretary
A COPY OF THE DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPE':L FRO;. i!i:S F�•,:I'.1 - ....:. S4ALL EE MADE PUF.S'_'Alr'T TO SECTION 17 OF T'HE 0.1F.SS.
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BOARD OF APPEAL
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DECISION ON THE PETITION OF PAUL T. BONARDA FOR A SPECIAL PERMIT AND
;`E
VARIANCE FOR 107 FEDERAL STREET, SALEM, MASS. CIiY �'
C r,.
A hearing on this petition was held on July 25, 1984 with the following Board
Members present: James Hacker, Chairman; Associate Member Richard A. Bencal,
Secretary, Scott Charnas, Messrs. Gauthier & Luzinski. 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 40 A.
The Petitioner, owner of the premises, requests a Special Permit to convert a store
into two efficiency apartments; also, he requests a variance from minimum parking
requirements. I
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 nonconforming
structures, and for changes, enlargement, extension or
expansion of nonconforming lots, land, structures,
and uses, provided, however, that such change, extensions,
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 Cityis inhabitants.
ranted upon a finding of the
ce which has been re P
The Varian be
requested may g q
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 in-
volve substantial hardship, financial or otherwise, to 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 purpose of the Ordinance.
C Vii' '
DECISION ON THE PETITION OF PAUL T. BONARDA FOR
A SPECIAL PERMIT AND VARIANCE FOR 107 FEDERAL STREET SALEM
page two '84 AU' -G H`1�1 '.
The Board of Appeal, after hearing the evidence presepted..at the -.t4qat'�ng,
and viewing the plans, makes the following findings op tact* J
1. , Vigorous opposition was presented to petitioners plan;
2. Parking is already a critical problem in this neighborhood,
and the plan would substantially exacerbate this situation;
3. Petitioner recently purchased this property and knew or
should have known that there was insufficient parking under
the Ordinance to construct the store into two efficiency
apartments.
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 requested relief cannot be granted without substantial detriment
to the public good;
2. Literal enforcement of the Zoning Ordinance would not work a sub-
stantial hardship upon petitioner within the meaning of the
Ordinance.
Therefore, the Board of Appeal voted unamiously against granting the relief re -
quested. THE PETITION IS DENIED.
Scott E. Charnas, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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GP.,17"TED h_c::.•., SHALL N"T e..._ ES..:.T L'Tii A COPYOF THE�: . ...i c°JLC.: THE !E:T•
FICATION CF THE CITY CLERfi THAI" 20 CA", PAVE EL?FLED ACD W APPEAL HAS BEEN FILED.
OR THAT, IF SUCH AN APF--AL HAS Dur: FILE. THAT IT H:S C-EN DISI:ASSED CR- EE;(iED IS
RECCCDED IR TBE SOUTH ESSE< RE"ISTRY OF __¢DS AND 1"iOFEEO Gi:fiEC TH- ::1V-.E OF TRE O";NER
OF RECORD OR IS REGCRDEb AAO ON WE G;:is Ei;is LEi.T:i:!d,.TE CF TITLE.
BOARD OF APPEAL
of �5,cjCPm, fflasoarhusYfts
I-Manning Tattrb
,mss, (Pne ,'�tt1em Green
TO: BOARD OF APPEAL
FROM: PLANNING BOARD
DATE: JULY 24, 1984
RE: Petition of Paul T. Bonarda for a Special Permit to convert a store into
two efficiency apartments and a Variance from minimum parking requirements
at 107 Federal Street (R-2) .
The Planning Board has carefully reviewed this request and would oppose the con-
struction of two additional apartments on this site. The neighborhood
already experiences severe parking problems and adequate off-street parking
cannot be provided for the apartments presently located in the building.
Further, the addition of two apartments would severely impact an already
dense neighborhood,
City Planner Gerard Kavanaughwill be present at your meeting to answer any
questions you may have regarding this position of the Planning Board.
Sincerely yours,
w Qe, pd�
Walter B. Power, III
Chairman (J
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Salem Historical Commission
CITY HALL, SALEM. MASS. 01970
July 24, 1984
Mr. James Hacker, Chairman
Board of Appeal
City of Salem
One Salem Green
Salem, MA 01970
Dear Mr. Hacker;
With regard to the proposed conversion to residential use at 107 Federal
Street, the Salem Historical Commission met with Mr. Bonardi and reviewed
preliminary plans and feels that conversion to residential use can be
accomplished without detriment to the historic character of the building
and neighborhood. Final review of facade changes has not been completed,
but Mr. Bonardi has expressed willingness to cooperate with the Commis-
sion in affecting changes consistent with the original storefront appear-
ance of the building.
If we can be of any further assistance, please do not hesitate to contact
US.
Very truly yours, /
Y �YJ�r.�a-Ci7+�E1 z�. Wheaton
Chairman 1P
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DECISION ON THE PETITION OF PAUL BONARDA FOR A SPECIAL PERMIT
FOR 107 FEDERAL STREET, SALEM, MASS.
A hearing on this petition was held on September 12, 1984 with the following
Board Members present: James Hacker, Chairman; Scott Charnas, Secretary,
Messrs. Robert b t Gauthier & Peter Strout, Associate Members, Richard Bencal.
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 Cahpter 40A.
Petitioner is requesting a Special Permit to convert an existing store
into an apartment.
The Zoning Board of Appeal voted unanimously to allow petition Leave to
Withdraw Without Prejudice.
WITHDRAWN
Scott E. Charnas, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
i LADE PORS'iA?:T i0 SE;.1{:."i : IF -G !IASS
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APPEAL FRO:.'.. THIS DECGIO^;. '. o,Fr'-L u: `.I-D �`: `:iN 20 DAYS
GENERAL LA.-IS, O•�;CE CF THE CI iY CLER'f.. ' FE Vr A°
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