94 BRIDGE STREET - APOSTOLOS, JAMES - ZBA 94 Bridge St. R-2
vJames Aoostolos - -- --- - - — --
1
V �
J
fllitg of ',�ttlem, & lassacIlusetts
3= Pourb of �ppral
DECISION ON THE PETITION OF JAMES APOSTOLOS FOR A VARIANCE AND A
SPECIAL PERMIT FOR 94 BRIDGE ST.
A hearing on this petition was held on August 22, 1984 with the following
Board Members present: James Hacker, Chairman; Scott Charnas, Secretary;
Messrs. Robert Gauthier & Edward Luzinski and Associate Member, Richard
A. 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 Chapter 40A.
The Petitioner has requested a variance from side line requirements and a
special permit to extend the use of a nonconforming building.
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 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 purposes 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 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 inhabi&ants -
A
T
v TI
f
1
DECISION ON THE PETITION OF JAMES APOSTOLOS FOR A VARIANCE AND
A.SPECIAL PERMIT FOR 94 BRIDGE ST.
r
The Board of Appeal, after consideration of the evidence presented at the public
hearing, makes the following findings of fact:
1. Vigorous opposition was raised by neighbors;
2. The Board had determined that the petitioner is currently in
violation of no parking zones and also not conforming to conditions
previously set forth in other zoning decisions.
3. Existing heavy and dangerous traffic patterns currently exist.
4. The petitioner showed no hardship.
The Board, after careful deliberation agreed that by granting the proposed plan
would take away parking spaces that are very badly needed and would
exacerbate an already congested dangerous situation. The granting of this
permit would not be in the public good.
VARIANCE AND SPECIAL PERMIT UNANIMOUSLY DENIED
es B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FROM! THIS DECISION, lr ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LAWS, CH41?i[R S_o. AND SHALL BE FILED IYITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECIS13N IN THE OFFICE OF THE CITY CLERK.
PURSANT TO LdASS. r-NERAL LA!9S, CHAPTER SOS, S CTION !1, THE VARIANCE OR SPECIAL PERMIT
GRANTED HEREIN, SHALL NGT TA:(E EFFECT U",TIL A COPY OF THE DECISION, BEARING THE CERT
FICATION OF THE CITY CLER:A 10114T 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED,
OR THAT, IF SUCH AN APPEAL HAS BEE;' FILE. THAT IT HAS BEEN DIS;r:ISSED OR DENIED IS
F,Ca, DED IN THE SCJTH ESSEX REJISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER
W 9MnRD OR IS RECORDED AND NOTED ON THE O'WNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
n CKS
9 -1
m 1 �
L.I.
T �
n 11 m
ifs ��13LsJ�
p°j u b
L888 N'
S3 w
✓tY'� 'c l^:i/?�
9-931/ �+�i P,)Vv",l6Jc4 °Hl�''
N1
Mt/7 --jo 1\w/✓7d lo7,�4
37
--T J
Ln
U CA
Ut
d r
tt
If
U r� 11
pZ 1 407 Cu
�Y � i
PRop. f?VA71m , .. Ex/3T, 9lj/LD/Nq
37
4-42 P
Cont 'J.[ .L
r.
o H vn t' �Orrr f�. x, / f✓ v� L p
---•-----/7
FRONT ELEVAT/ ON '
15xI577. ILUTAJT. PRop . ADID/ T/o!y
T - -
- xlll PU�LQ�
i"
r
_ ij
I
i
R EAR ELE- VAT/ O N
ar
I i _
111.
I
M/KE5 EXXON PR OPOSFD ADD/ TION
S /DE EL V/9 -7-10 � oJS� C3R/OGE ST. v SALEM, /�9sS.
_ ` �r
' / _ / r. i R1livaW' s R. L. M9. 1L/-/oi7' /7s5ocs
IV
57 SvGCor7strucfiorr /'74,oa, r
A/ v1F 77 ?- 3G 3/
-►Itt� B �f E-Lc- v/-3Ti0NS 5h• of
I
Z
to
All
r
I ;
I
l I
E Fx�Sf: Cont. btoc�' welt,
13Ay . EAry
i
I
+OHVD. Doeq —
FIRS 7- FL 0O/4 _PL`An/
,M/KFS EXXON ^' IOROPOSED ADO/ T/ON
9Zf .QRo6,E ST. L 6M, MA 55.
tiH
OF M ,
S
alcH a� I c+ R L. /"7R/LKoiT A95ace. Engineers
57 Sv[ vAN 5T Con3fr�c�con MO,-?agei-S
a IV V&RS, MA.5 c 7717-_3 G 3/
,r:�.��(�`� FRET FLooR PLF-l/�r Sfi. of
i Go/Y• tSCeG�
_
I
I
i S
1 ,
— ---
i
i
• 1
3 f _
ST. :_ _ _ S ALE/">, . C'JFIGWAroll
/`aSS. _
U
AA
, C; ;r'n g z s
z t t � ' 'k i5.7. .SywAry Sz Cbi�struc7Econ `Mvng3er5
5Ecomb FGooR of