190 NORTH STREET - YOUNG, PANAGOULA AN - ZBA (2) 190 North St R-2 l
Panagoula An Young, Owner
\ Francis Brewer Jr. , Petitioner
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DECISION ON THE PETITION OF FRANCIS BREWER JR. (PETITIONER) ,
PANAGOULA AN YOUNG (OWNER) FOR VARIANCES AT 190 NORTH ST. (R-2)
A hearing on this petition was held September 20, 1989 with the following Board
Members present: James Fleming, Chairman; Messrs. , Bencal, Febonio, Nutting
and Associate Member Labreque. 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 is requesting Variances from use and parking to allow a
neighborhood general store in this R-2 district. The property is owned by
Panagoula Young.
A petition for variances from use and parking to allow this property to be
used as an auto parts retail store was denied by the Board of Appeal on
August 9, 1989• The Board of Appeal, after hearing evidence regarding sub-
stantial change, said change being the proposed demolition of the front portion
of the building, creating eight (8) parking spaces, and a change from an auto
parts store to a general store which would sell items such as hardware, plumbing
fixtures, washers, electrical supplies, arts and crafts, lawn decorations, etc. ;
and after receiving consent from the Planning Board, voted unanimously, 5-0,
that there was a substantial change and the Board would hear the petition.
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; 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 careful consideration of the evidence presented at
the hearing, and after viewing the plans, makes the following findings of fact:
1 . There was vigorous neighborhood opposition.
2. Two (2) people spoke in favor, one was an employee of the petitioner,
`. the second was a realtor familiar with the property question.
3. The parking plan proposed would involve a substantial curb cut and
the cars would have to back out onto North Street. This would exacerbate
an already existing dangerous condition as North Street is a highly
traversed street.
4. The proposed use is not conducive to this neighborhood, which is an
already congested area.
DECISION ON THE PETITION OF FRANCIS BREWER JR. (PETITIONER) ,
PANAGOULA AN YOUNG (OWNER) FOR VARIANCES AT 190 NORTH ST. , SALEM
page two
On the 'oasis 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 generally.
2. Literal enforcement of the provisions of the Ordinance would not work
a substantial hardship on the petitioner.
3. The relief requested cannot be granted without substantial detriment to the
public good or without nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted 1-4 against the granting of the
Variances requested, Mr. Febonio voted in favor. The petition, failing to
obtain the four (4) affirmative votes necessary to grant, is therefore denied.
DENIED
John R. Nutting, Se etary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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BOARD OF APPEAL
Planning ±Auttrb
(One 'Sttlrm (6reell
September 12, 1989
James Fleming
Chairman
Board of Appeal
One Salem Green
,Salem, MA 01970
Dear Mr. Fleming:
On September 7, 1989, in accordance with Chapter 40A, Section 16 of
the Massachusetts General Laws, the Planning Board reviewed the petition
of Francis P. Brewer, Jr. regarding his petition for Variance to allow
the property at 190 North Street to be used as an automotive parts
store, which was denied by the Board of Appeal on August 9, 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 agrees that specific and material changes
have been made to the petition.
Sincerely,
Walter B. Power, III
Chairman
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