164 NORTH STREET - RUSSO & KAPNIS, LAWRENCE & PAUL - ZBA i
164 North St. R-2
Lawrence Russo Jr. &
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DECISION ON THE PETITION OF LAWRENCE RUSSO JR. , FOR
A SPECIAL PERMIT AND VARIANCE AT 164 NORTH ST. , SALEM
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A hearing on this petition was held November, 13, � BSI�nd'�c�9t�h�u until
December 4, 1985 with the following members prese 4 James Hacker, Chairman,
Associate Member Richard Bencal, Acting Secretary f,"rs. , Gauthier, Luzinski and
Strout. Mr. Gauthier was absent at the continued hearing on,PfGe ', 4,1985.
Notice of the initial hearing was sent to abut ters&pNd101•'ier;s`and notices of the
the initial hearing were properly published in the Salem Evening News in accord-
ance with Massachusetts General Law Chapter 40A.
Petitioner requests a Special Permit to convert a two family dwelling into a
three family dwelling and a Variance from parking requirements in this R-2
district.
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, lands, 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.
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 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.
The Board of Appeal, after hearing the evidence presented at the hearing, makes
the following findings of fact:
1 . Significant opposition was voiced by neighbors, abutters
and others;
2. The property, located on a main thoroughfare, North St. , is
a highly traveled artery in and out of Salem;
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DECISION OF THE PETITION OF 'LAWRENCE RUSSO JR. FOR
A SPECIAL PERMIT & VARIANCE AT 164 NORTH ST. , SALEM
page two
3. Petitioner failed to provide the Board with specific information
regarding any parking on the premises.
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 relief requested creates a substantial detriment to
the public good.
Therefore, the Board of Appeal unanimously, 4-0, voted against granting the relief
requested. Petition denied
DENIED
Richard A. Bencal,. Acting Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
AP LLL FROM I THIS.DECISION, is ANY, SHALL BE MADE' PURSUANT TO SECTION 17 OF TfiE
GERAL LAI CHAPTER 80.3, ADD SHALL RE FOED WiTHIN 2G DAYS AFTER THE DATE Oi= Fi LIS.
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EN
GF THIS ;SSON IN THE OFFICE OF THE CITY CLERK.
PD2SC.'dT TO 'ASS. CFI;E"nAL LA.'i%S. CHAPTER 803, SECF!,,F; 11, THE VARIANCE G3 SPECIAL. PEi
t-RAd:TED HEP•EIFI. SHALL NOT T6:E EFFECT UNTIL A COPY OF THEOEC;S!:N. E.A3iit^ THc C�:<T
r;vAliPd' OF THE CIT?' C!ERii THS:- 2:1 DAYS HA',E ELAPSED AND NO A.PPEr! H:;- u--N ;LEp,
..R 1H".T, :F SiCH ANAFPEA: H=$ SEEN FILE. THAT IT HAS BEEN DISIriSSED OR DE;i IED !S
li! THE SM'N9 ESSEX RE"ISTRY OF DEEDS AND INDEXED GFDER THE i`I:iir.E 0; THE
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. ..
BOARD OF APPEAL
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fo�g1He p0�' WARD COUNCILLORS
JOHN R'. NUTTING 1985
COUNCILLORS-AT-LARGE PRESIDENT
GEORGE A. NOWAK
1985
JOSEPHINE R. FUSCO STANLEY J. U 80VICZ. JR.
. JOSEPH M. CENTORINO," CITY CLERK STEPHEN P. LOVELY
LEONARD 'F.- O'LEARY
FRANCES J. GRACE
JEAN-GUY J. MARTINEAU
JEAN MARIE ROCHNA GEORGE P. MCCABE
RICHARD E. SWINIUCH - JOHN R. NUTTING
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December 4, 1985
Mr. James Hacker a
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Chairman
Board of Appeals
One Salem Green
Salem, MA 01970
Dear Mr. Hacker:
As a City Councilor representing Ward VI, I am writing to oppose
the petition of Lawrence Russo, Jr. for a Special Permit to convert a
two—family structure at 164 North Street into a three—family structure,
and for a Variance from parking requirements.
This area of Ward VI is already densely populated, and further
density increases will only exacerbate these conditions. In addition,
parking within the neighborhood is currently inadequate. An increased
number of dwelling units would only increase this problem.
I respectively request that the petition be denied.
Thank you for your consideration and cooperation in this matter.
Sincerely,
George McCabe
City Councilor
Ward VI