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47 BRIDGE STREET - YOUNG, RAYMOND - ZBA 47,.Bridge St. 1 B-4 Raymond ,Young S r - Cts of tzlem, 41issadju6cite ; � �nttra of ,c� eztl filar Zu 2 DECISION ON THE PETITION OF RAYMOND YOUNG FOR A VARIANCE AT 47 BRIDGE ST. (B-4) A hearing on this petition was held April 27, 1994 with the following Board Members present: Stephen Touchette, V. Chairman; Gary Barrett, Stephen O'Grady, Associate Members Nina Cohen and Arthur 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, owner of the property, is requesting Variances from use and parking to allow six (6) residential units in this B-4 district. The Variances which have 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 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 granting of six (6) residential units with insufficient parking would exacerbate an already congested area. 2. The petitioner to failed demonstrate or to meet the burden of proof relative to legal hardship. r DECISION ON THE PETITION OF RAYMOND YOUNG FOR VARIANCES AT 47 BRIDGE ST. , SALEM page two r ZG 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. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted 3 in favor 2 opposed ( Mr. Barrett, Mr. O'Grady & Mr. Labrecque voted in favor, Ms. Cohen & Mr. Touchette voted in opposition) to the motion to grant, having failed to garner the required four affirmative votes to pass, the motion is defeated and the petition is denied. VARIANCE DENIED April 27, 1994 Nina V. Cohen, Associate Member 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 OWNER'S CERTIFICATE OF TITLE. BOARD OF APPEAL Titu of _,-Salem, � Httsstttljusetts 'Nourd of Appeal � Mar Zo sa '9q DECISION ON THE PETITION OF RAYMOND YOUNG FOR A VARIANCE AT 47 BRIDGE ST. B-4 A hearing on this petition was held April 27, 1994 with the following Board Members present: Stephen Touchette, V. Chairman; Gary Barrett, Stephen O'Grady, Associate Members Nina Cohen and Arthur 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, owner of the property, is requesting Variances from use and parking to allow six (6) residential units in this B-4 district. The Variances which have been requested may be granted upon a finding of the Board that: a. Special conditions and circumstances exist which especially affect the land buildingor structure involved and which are not generally g Y 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: I. The granting of six (6) residential units with insufficient parking would exacerbate an already congested area. 2. The petitioner to failed demonstrate or to meet the burden of proof relative to legal hardship. =i DECISION ON THE PETITION OF RAYMOND YOUNG FOR VARIANCES AT 47 BRIDGE ST. , SALEM AY IG page two On the basis of the above findings of fact, and on the evidence Js presented at the hearing, the Board of Appeal concludes as follows: I. 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. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted 3 in favor 2 opposed ( Mr. Barrett, Mr. O'Grady & Mr. Labrecque voted in favor, Ms. Cohen & Mr. Touchette voted in opposition) to the motion to grant, having failed to garner the required four affirmative votes to pass, the motion is defeated and the petition is denied. VARIANCE DENIED April 27, 1994 Nina V. Cohen, Associate Member 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 OWNER'S CERTIFICATE OF TITLE. BOARD OF APPEAL } (gity of -Salem, 49ussadjusetts j ' nttrD of �+ eul Plan 16 sc '9�1 DECISION ON THE PETITION OF RAYMOND YOUNG FOR A VARIANCE AT 47 BRIDGE ST. (B-4) A hearing on this petition was held April 27, 1994 with the following Board Members present: Stephen Touchette, V. Chairman; Gary Barrett, Stephen O'Grady, Associate Members Nina Cohen and Arthur 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, owner of the property, is requesting Variances from use and parking to allow six (6) residential units in this B-4 district. The Variances which have 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 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 granting of six (6) residential units with insufficient parking would exacerbate an already congested area. 2. The petitioner to failed demonstrate or to meet the burden of proof relative to legal hardship. DECISION ON THE PETITION OF RAYMOND YOUNG FOR VARIANCES AT 47 BRIDGE ST. , SALEM page two H�r.1b 2 ss Ptd 'S� 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. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted 3 in favor 2 opposed ( Mr. Barrett, Mr. O'Grady & Mr. Labrecque voted in favor, Ms. Cohen & Mr. Touchette voted in opposition) to the motion to grant, having failed to garner the required four affirmative votes to pass, the motion is defeated and the petition is denied. VARIANCE DENIED April 27, 1994 Nina V. Cohen, Associate Member 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 OWNER'S CERTIFICATE OF TITLE. BOARD OF APPEAL ofttlem, � ttssttrljusetis `a �Rottra of Aupeal DECISION ON THE PETITION OF RAYMOND YOUNG FOR A VARIANCE AT 47 BRIDGE ST. (B-4) A hearing on this petition was held April 27, 1994 with the following Board Members present: Stephen Touchette, V. Chairman; Gary Barrett, Stephen O'Grady, Associate Members Nina Cohen and Arthur 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, owner of the property, is requesting Variances from use and parking to allow six (6) residential units in this B-4 district. The Variances which have 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 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 granting of six (6) residential units with insufficient parking would exacerbate an already congested area. 2. The petitioner to failed demonstrate or to meet the burden of proof relative to legal hardship. I d DECISION ON THE PETITION OF RAYMOND YOUNG FOR VARIANCES AT 47 BRIDGE ST. , SALEM �dr ZG 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 involve substantial hardship to the petitioner. 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted 3 in favor 2 opposed ( Mr. Barrett, Mr. O'Grady & Mr. Labrecque voted in favor, Ms. Cohen & Mr. Touchette voted in opposition) to the motion to grant, having failed to garner the required four affirmative votes to pass, the motion is defeated and the petition is denied. VARIANCE DENIED April 27, 1994 Nina V. Cohen, Associate Member 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 THEOWNEROF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. BOARD OF APPEAL DATE OF HEARING PETITIONER LOCATION y7o —� MOTION: TO GRANTIlZ^ 0�� w SECOND � PG AMENDMENT SECOND TO DENY �tlu� SECOND TO RE—HEAR SECOND WITHDRAW SECOND CONTINUE SECOND ROLL CALL PRESENT GRANT �EKYEND WITHDRAW RE—HEAR CONTINUE GARY M. BARRETT ALBERT C. HILL STEPHEN O'GRADY ( STEPHEN TOUCHETTE vv ASSOCIATE MEMBERS NINA V. COHEN ARTHUR LEBRECQUE CONDITIONS: APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . . ��. 19attrb of Pal s �.�, a 28 fj,� TO THE BOARD OF APPEALS: RECEIVED Ci The Undersigned represent that he is are the owners of aDce%gIH 4pa6(3el of land locAted at NO. . !�j. . ./Wic�z J.6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning District. . - �. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : and said parcel is affected by Section(s) . . . . . . . . . . . . . . . . of the Massachusetts State Building Code. Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A. 1 of the Zoning Ordinance. /G 7/ rrr ( r G oL�!o zn u/ u ro G✓ G(jfir G4 &" cp N 3" om m� i N The Application for Permit was denied by the Inspector of Buildings for the following reasons: The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the inspector of Buildings to approve the application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially dero- gating from the intent and purpose of the Zoning Ordinance and Building Code for the following reasons: � M2� ���iLQ/✓Le.P% Owner.. l.� .� - ,. . . . . . . . . . . . . . Address. . . .S:? . . . . . . . . . . . . . . . Telephone. . . 4:7:2.... . . . . . . . . . . . . . . . . Peti ti oner. G�ir? C-��Glrwx . . . . . . . Address. . . .!�"7. ����f �.cS? . . . . . . . . . . . . . . . . Date. . . y/��9�/. . . . . . . . . Telephone. . . . {S 74 By. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Three copies of the application must be filed with the Secretary of the Board of Appeals with a check, for advertising in the amount of. . . . . . . . . . . . . . . . . . . . . . . . . . four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. NO.................................... PETITION TO BOARD OF APPEALS LOCATION ................................................................ PETITIONER.......................................... ADDRESS............................................... ................................................ COND11 IONS ..........................._.................................... .................. ....................................... ................................................................. .......................................................... PETITION APPROVED.................... ❑ DENIED......................... 0 .............................................. 19......... APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . . Ctg of "inlem, 'ffittssttcllua#tg \.?s �Buttrb of ettl ; TO THE BOARD OF APPEALS: _ The Undersigned represent that he is are the owners of a certain`pa`rcel of land located it NO. . .y 7 -'-13 rt <,. . Aq . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : and said parcel is affected by Section(s) . . . . . . . . . . . . . . . . of the Massachusetts State Building Code. Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A. 1 of the Zoning Ordinance. l j fr'rJ i 7F-r J f!CA'lx of (iL rt.ve✓ V/i r -�r N f% S. The Application for Permit was denied by the Inspector of Buildings for the following reasons: The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning ordinance and/Cr the Building r-Ad nA �v.yl`.. tFo Inspector of Buildings to approve the application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially dero- gating from the intent and purpose of the Zoning Ordinance and Building Code for the following .reasons: Owner" /�1C.%i14. .,�cG!�. . . . . . . . Address. . . ?. f42.zrl. . rt`. ... . . . . . . . . . . . Telephone. . . . . . . . . . . . . . . . . . . . . . Petitioner. �1zI.4IYZ - ....':.:^i. . . . . . . . . . . Address. . . . `�/ . !3r%�� .G. S..` . . . . . . . . . . . . . Date. .L!��rl�. . . . . . . . . . _ i el ephone. . :.`/ :�S Wit. . . . . . . . . . . . . . . . . . By. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Three copies of the application must be filed with the Secretary of the Board of Appeals with a check, for advertising in the amount of. . . . . . . . . . . . . . . . . . . . . . . . . . four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. MORTGAGE-INSPECTION BAY STATE SURVEYING SERVICE INC. r 234 CABOT ST., BEVERLY, MA. LOCATION : � [ ��� /V/i r-- NOTES : SCALE : I° = n,0 FT. DATE : /Z , z • This is a Mortgage inspection survey and not 1 REFERENCE : _. _ O �y� an instrument survey, therefore this plot plan is for mortgage inspection purposes only. " • This survey is based on survey marks of To • •�y_/i{JT/�/eD others. ✓�4�V,'Jl; g,Q,rJK •--•----- ---------------- • Bushes,shrubs, fences and tree lines do I . I hereby certify that I have examined the premises and that the building(s) shown on this plan are located on the ground as not necessarily indicate property lines. ;hown9nd that they conformed to the zoning setbacks of the • The building(s) are not located in the special �� __`�._.____ when constructed, flood hazard zone, as defined by H.U.D. I� � .71 woad Uf E) O I n a k y app r ti M c F 23� 3 \ ne \ �C 1i235ROO Q1 `47 hb �j A q a• 0 ?�� ti�� 0 • (�� sp s 234 70ae ac. l2.� 146J6 F/ole 238 )we 4c Tolol T 300-6 239 9 � r Ohh 4x02 Q `�? .. 5,/pJ 2 4l b `fv •• 8260 cue eg 7 V', 6 V (v. � •oPo 6/ c''�3 �4 ;• �Ilk4R. . i . 2 q s CR�Mw Joe Jp8 i28?�a ?e Ir e g f( �o \ 3 Tq i MORTGAGE-INSPECTION BAY STATE SURVEYING SERVICE INC. 234 CABOT ST., BEVERLY, MA. LOCATION SSC E/9 /�i-f 7S NOTES : SCALE Ire = ',0 FT. DATE •__/,2`7z� • This is a Mortgage inspection survey and not REFERENCE .. . �� = !� '_� �'y� an instrument survey,therefore this plot plan is for mortgage inspection purposes only. ......... .. . .. .. ......... ...... . • This survey is based on survey marks of To ..{ 1��ivT///�O r ✓�+IW L/11; :' ,r/,+1� others. 0 Bushes,shrubs, fences and tree lines do ! hereby certify that I have examined the premises and that the building(s) shown on this plan are located on the ground as not necessarily indicate property lines. shownCnd that they conformed to the zoning setbacks of the • The buildings) are not located in the special GH flood hazard zone, as defined by H.U.D. - � --7--- when constructed. 1� V, �T/ Gyou� Ujp tit r u 4 j CITY OF SALEM i f BOARD OF APPEAL I 745-9595 Ext. 381 Will hold a public hearing for all persons inter- ested in the petition submitted by RAYMOND L. t YOUNG for Variances from use and parking to allow six (6) family dwelling at 47 BRIDGE STREET(B-4).SaidhearingtobeheldWEDNES- DAY,APRIL 27,1994 AT 6:00 P.M.,ONE SALEM GREEN, second floor. _ STEPHEN TOUCHETTE, Vice Chairman April 13, 20, 1994 SN40179 CITY OF SALEM BOARD OF APPEAL 745-9595 Ext. 381 LGREEN, old a public hearing for all persons inter- the petition submitted by RAYMOND L. for Variances from use and parking to ix (6) family dwelling at 47 BRIDGE ` T(B-4).Said hearing to be held WEDNES- DAY, EDNES- { PRIL 27,1994 AT 6:00 P.M.,ONE SALEM 1{I[ second floor. TEPHEN TOUCHETTE, Vice Chairman 3, 20, 1994 SN40179 — a f _ - CITY OF SALEEAL M BOARD OF APPi l 745-9595 Ext. 381 4 Will hold a public hearing for all RpeerYo01nONDeL. ested in the petition submitted by parking to YOUNG for Variances from use and p allow six (6) family dwelling at 47 BRIDGE STREET(B-4).S 1994 AT 6 hearm 00 P M to be held ONE SALEM DAY,APRIL 27, GREEN, second floor. Vice Chairman ST ZOH 994TOUCHETTE, SN40179 April 13, , CITY OF SALEM BOARD OF APPEAL 745-9595 Ext. 381 Will hold a public hearing for all persons inter- ested in the petition submitted by RAYMOND L. YOUNG for Variances from use and parking to allow six (6) family dwelling at 47 BRIDGE STREET(B-4).Said hearing to be held WEDNES- DAY,APRIL 27,1994 AT 6:00 P.M.,ONE SALEM GREEN, second Door. STEPHEN TOUCHETTE, ViceSN4man 79 i. April 13, 20, 1994 { - CITY OF SALEM I BOARD OF APPEAL I 745-9595 Ext. 381 Will hold a public hearing for all persons inter- 1 ,,led in the petition submitted by RAYMOND L. i L for Variances from use and parkiix (6) family dwelling at 47 BRIDGE T(B-4).Said hearing to be held WEDNES- PRIL 27,1994 AT 6:00 P.M.,ONE SALEM, second floor.TEPHEN TOUCHETTE, Vice Chairman3, 20, 1994 SN40179 ?' APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . . d�A'L Civ of ttl>em, C49, 1&4 Pourb of ' .molal9 a. 4P1 9q . TO THE BOARD OF APPEALS: RECEIVED CITY OF SALE14 kik The Undersigned represent that he is are the owners of a certain parcel of land located at NO. . .4/7. Ctc ,G. . V.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning District. :'`A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : and said parcel is affected by Section(s) . . . . . . . . . . . . . . . . of the Massachusetts State Building Code. Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A. 1 of /the Zoning Ordinance. %����L�A OY /L J/fit(/✓`K ! o[f GL r�.. rf'✓ (/��r O'.. Grc '-�k/J�i n lt��fx C� C r" N C i*i cr, m D N I.D The Application for Permit was denied by the Inspector of Buildings for the following reasons: The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Orth a ' the Building C^dam and ord^ the In,^actor of Buildings to w^nirig iuirianCc anu� Cr c u7 in^y ,.., g., approve the application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially dero- gating from the intent and purpose of the Zoning Ordinance and Building Code for the following ,reasons: t r Own er-t-C4 �. . . . . . . . Address. . . ?. . ... . . . . . . . . . . . Telephone. . ��`/�: :�S7�J. . . . . . . . . . . . . . . . . . . . Pe ti ti one r.r � ��Ilj. . . . . . . . . . . Address. . . . .V7 . :2r;+6. F/ . . . . . . . . . . . . . Date. .1 111 V- �✓. . . . . . . . . . Telephone. .7���.:�S�1:. . . . . . . . . . . . . . . . . . By. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Three copies of the application must be filed with the Secretary of the Board of Appeals with a check, for advertising in the amount of. . . . . . . . . . . . . . . . . . . . . . . . . . four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. � ` � � N0.------.--... PETITION I0BOARD OF; APPEALS LOCATION ~ ........................--.................................... yET\]70NEP-.------------. ADDRESS....................... ............... ....... ---------------- ` t0NDlTl0N8 i � ............................ /`-,+.-`-,� � � , � ��--------``~� � -';--~`--------------- ' ~^^^--^--------------~- � --,--------`'-~~------ ` � ~~~,.~,,~,~.`----------. � � PET ITl0wAPPROVED----.., ��� �� Dtm{ED--------. �~l � -'`-----.-.-------, |Y... � ` _ , (f itu of ttiem, ttssttcllusetts 4 Potts of Aral JUNE 03, 1994 YOU ARE HEREBY NOTIFIED THAT AS OF MAY 26, 1994 THE DECISION OF THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE CITY CLERK TO DENY THE PETITION OF. RAYMOND YOUNG FOR VARIANCES FROM USE AND PARKING TO ALLOW SIX RESIDENTIAL UNITS AT 47 BRIDGE STREET: *! e BOARD OF APPEAL BRENDA M. SMALL CLERK OF THE BOARD 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 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/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 elapsed 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 owner's Certificate of title. Board of Appeal Ctv of 'ttlem, 'Massadjusetts i ' -6nttrd of Apeal 4y _ T Plan Z` Gir , DECISION ON THE PETITION OF RAYMOND YOUNG FOR A VARIANCE AT 47 BRIDGE ST. (B-4) A hearing on this petition was held April 27, 1994 with the following Board Members present: Stephen Touchette, V. Chairman; Gary Barrett, Stephen O'Grady, Associate Members Nina Cohen and Arthur 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, owner of the property, is requesting Variances from use and parking to allow six (6) residential units in this B-4 district. The Variances which have 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 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 granting of six (6) residential units with insufficient parking would exacerbate an already congested area. 2. The petitioner to failed demonstrate or to meet the burden of proof relative to legal hardship. i DECISION ON THE PETITION OF RAYMOND YOUNG FOR VARIANCES AT 47 BRIDGE ST. , SALEM �aY Z6 page two On the basis of the above findings of fact, and on the evidence "O 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. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted 3 in favor 2 opposed ( Mr. Barrett, Mr. O'Grady & Mr. Labrecque voted in favor, Ms. Cohen & Mr. Touchette voted in opposition) to the motion to grant, having failed to garner the required four affirmative votes to pass, the motion is defeated and the petition is denied. VARIANCE DENIED April 27, 1994 Nina V. Cohen, Associate Member 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 OWNER'S CERTIFICATE OF TITLE. BOARD OF APPEAL MORTGAGE-INSPECTION BAY STATE SURVEYING SERVICE INC. 234 CABOT ST., BEVERLY, MA. LOCATION : T L E�! - Finent _.Mrl=_5._..... SCALE : I° = '�0 FT. DATE : /2,/7 ortgage inspection survey and not l-?l_: -- REFERENCE : .._ ? 'fes C <✓' �y� ey, therefore this plot plan is for f�/� n purposes only. _ . _. _. ey is based on survey marks of others. hereby certify that I have examined the premises and that the Bushes,shrubs, fences and tree lines do building(s) shown on this plan are located on the ground as not necessarily indicate property lines. shown qnd that they conformed to the zoning setbacks of the • The building(s) are not located in the special Cf flood hazard zone as defined b H.U.D. --------- -- ---------- when constructed. Y I� April 1 , '_994 Mr. Leo mresblay Building Department City of -Salem Sales, MA 01970 Dear Mr. Tremblay: Regarding my application for a variance for two addditicna'_ ..__it at property located at 47 Bridge Street, I have enclosed checks in conformance with the rules regarding fee schedule fon the Board of Appeals: (� t(( 1 . Check to Sales Evening News _._ the asourt of $22ae' DI 2 . City to City of Sales for certified copy of decision $2 . 00 3 . Check to the Registry of Deed for recording $10 .00 4 . Check to City of Sales, Bd. of Appeal on additional ..._.._mu... fee $75 .00 5 . Check to City of Sales, Bd. of Appeal for special per..it _ncreasi^.g .. .tuber of existi^g ....its 2 units at $50.00 each $100. 00 My apologies for the delay; hopefully you can be of assistance to se in this _^:portant matter. ^cerely,� 7- n Ray-ond T . Vo ng 87 federal Street Salem, MA 01970 (508 % 745-1572 BOARD OF ASSESSORS PAGE": C.1 rY HALL -IN N" 2 0, ..... ..... 3 RTXFTEV',,� BUTTER!�'!�'., ,Tl.�`��',� ' ...... A 4 3 C 4 5 SUBJECT PROPERTYa MAP- 36 L.O'T.- 0257 SOFF.: 6 004.7 BRIDGE STREET 7 PROPERTY ADDRESS: 1-00 7 tftl:I ........... .......... ...... :0 1�1 ................ .............. lo �01 WER 13 2, 36 0257 004.7 BRIDGE STREET YOUNG RAYMOND L. 67 FEDERAL. ST �4 pA n i 97f] 1: 17 K 3 0050,� BRJDGE,� REET :4 36,,,0J72,,20T%.l— L MARY"E,, 20 15 4' 94 4 La F?4[4 .......... 21 7 FRIEND SOCIETY SALEM PIA 019 70 22 36 0253 201 0006 PLANTERS STREET L.ESL.IE ELIZABETH F 6 PLANTERS ST 241 jo 4'. R'—, JAR Vi 0 --LA)q TERS �S T ...... 20 ...... G�d 17 2, % 22 SALEM MA 01970 T9 23 30 36 0256 0045 BRIDGE STREET NELSON BARBARA J 25 FRANKLIN ST 31 24 32 21 4...................... ......... .......... 'Mll..... .. ............. Z36�'0258 .. .......... ..... 34 T-PIA............ .............. 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