190 NORTH STREET - YOUNG, PANAGOULA AN - ZBA 19!1 North St.. R-2
Anatoly,
Katsman (pet)
Panagoula An You
(owner)"
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DECISION ON THE PETITION OF ANATOLY & LARISA KATSMAN (PETITIONERS) ,
PANAGOULA AN YOUNG (OWNER) FOR VARIANCES AT 190 NORTH ST. (R-2)
A hearing on this petition was held May 16, 1990 with the following Board Members
present: Richard A. Bencal, Chairman; Edward Luzinski, Vice Chairman; Joseph
Correnti, Secretary; Richard Febonio and Mary Jane Stirgwolt. 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.
Petitioners are requesting Variances from use and parking to allow an appliance
repair and retail sale of lamps, parts and accessories in this R-2 district.
Prior to hearing this request for variances, the Zoning Board of Appeal voted
unanimously, 5-0, that there was substantial changed from the prevous petitions
which were denied within the past two (2) years.
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 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.
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 property is question has always been used for commercial purposes.
2. Questions and concerns of neighbors, abutters adn others were answered.
3. This type of business does not presently generate much traffic at its
present location in Lynn.
4. Without major renovations the property could not be used as residential.
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 exist which especially affect the subject property but
not the district in general.
DECISION ON THE PETITION OF ANATOLY & LARISA KATSMAN ( PETITIONERS) ,
PANAGOULA AN YOUNG (OWNER) FOR VARIANCES AT 190 NORTH ST. , SALEM
page two
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner;
3. Desirable relief can 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.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variances requested, subject to the following conditions:
1 . Petitioner install an appropriate fire alarm system and meet all
requirements of the Salem Fire Dept.
2. Petition comply with all state and city building codes.
3. Property be used for appliance repair, sale of lamps, parts and
accessories only.
4. Any and all signage comply with Sign Ordinance of the City of Salem.
5. Hours of operation shall be 9:00 a.m. to 5:00 p.m. , Monday_ through Friday;
10:00 a.m. to 2:00 p.m. Saturday. No hours on Sunday.
6. A Certificate of Occupancy be obtained.
VARIANCES GRANTED
A
`Richard A. Bencal, Chairman
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
w the Mass. General Laws, Chapter 808, and shall be filed within 20 days
Zr' after the date of filing of this decision in the office of the City Clerk.
Pursuant to Mas. General La%vs, Chapter 808, Section 11, the Variance
or 3Perial Permit ^r:niO he,ein :hall not take effect until a copy of the
-- decision, bearing the certification or the City Clerk that 20 days have
elapsed and no appeal has been filed, or that, if such a
_ ppeat has been
filed, that it has been dismis.eJ or denied is retarded in the South Essex
Registry of Deeds and indexed under the name or the owner of record or
Is recorded and noted On the owner's Certificate of Title.
HOARD OF APPEAL'
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One Green
May 14 , 1990
Richard Bencal
Acting Chairman
Board of Appeal
One Salem Green
Salem, MA 01970
Dear Mr. Bencal :
On May 10, 1990, in accordance with Chapter 40A, Section 16
of the Massachusetts General Laws , the Planning Board reviewed
the petition of Anatoly and Larisa Katsman, regarding their
petition for Variances from use and parking at 190 North Street,
which was denied by the Board of Appeal on September 20, 1989 .
As required by State law for this petition to be resubmitted
to the Board of Appeal within two ( 2 ) years of unfavorable action
by the Board of Appeal, the Planning Board voted by a vote of
seven in favor, none opposed that specific and material changes
have been made to the petition.
Sincerely,
Walter B. Power, III
Chairman
cc: Attorney George Vallis
Attorney John Vallis
D556
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49 Tatfugette treet
Joseph F. Sullivan �m, {tt. 01970
Chief
City of Salem Re: 190 North Street
Board of Appeal Anatoly& Larisa Katsman
One Salem Green Hearing date: May 16, 1990
The Salem Fire Department has no objection to the granting of Variances to
allow the property located at 4190 North Street to be used for the repair
and sale of lamps, perts and accessories on the condition that the
property be protected by a fire alarm system appropriate for the use group
classification for the intended use.
Signed,
Robert W. Turner,
Fire Marshal
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r��� � �tt1em green '
May 14 , 1990
Richard Bencal
Acting Chairman
Board of Appeal
-One Salem Green
Salem, PIA 01970
Dear Mr. Bencal :
On May 10, 1990, in accordance with Chapter 40A, Section 16
of the Massachusetts General Laws, the Planning Board reviewed
the petition of Anatoly and Larisa Katsman, regarding their
petition for Variances from use and parking at 190 North Street,
which was denied by the Board of Appeal on September 20, 1989 .
As required by State law for this petition to be resubmitted
to the Board of Appeal within two ( 2 ) years of unfavorable action
by the Board of Appeal, the Planning Board voted by a vote of
seven in favor, none opposed that specific and material changes
have been made to the petition.
Sincerely,
Walter B. Power, III
Chairman
cc : Attorney George Vallis
Attorney John Vallis
D556