190 NORTH STREET - YOUNG, PANAGOULA AN - ZBA (3) 1golNort\St.. R-2
panagoula A ung (owner)
Francie Brewe Jr. (petitioner)
Cho
G.
�ECISION ON THE FRANCIS P. SaZWER jR. ( PETITIONER) ,
�ANAGCULA AN YOUNG :�,WNER) FOR VARIANCE AT 100 NORTH STREET (R-2)
hearing on this *pe-ition was neid August 9, 1989 with -ne following Boara
�embers present: -�,Ichard Bencal, Acting Chairman; Messrs. , Febonio, :11uttina,
-uzinski and Dore. 'Jotice ol the hearing was sent to abutters ana others and
��ctices of the hearing were orooerly published in the Salem Evenina News in
accordance with Massachusetts General Law Chatter 40A.
represented by Attorney George Vallis, One Church St. , Salem,
requesting variances irom use and parking to allow the cremises to be used as
a retail auto parts store. The property is located in an R-2 district.
7.�.e Variances which nave been requested may be granted upon a finding of rhe
Eoard that:
special conditions and circumstances exist which es'Decially affect the iana,
building or structure involved and which are not generally affecting other
lands, buildings and structures in the same district;
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 aetriment to the public
good and without nullifying or substantially derogating from the intent of the
district or the ourpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented at the
nearing, and after �:,-ewing the plans, makes the following findin,2:s of fact:
considerable neighborhood opposition was expressed due to the 'potentia-1
traffic and parking problems in a congested residential area.
The petitioner could not provided off street parking.
The premises nad, until 1986, been used as a drugstore, a ceramics
classroom and Suopiier, and coffee manufacturing facility.
Those who spoke in favor stated that the proposas was an appropriate use of
land and that he petitioner was reputable.
un the basis of "he above findings of fact, and on the evidence presented, 'he
�-oard of Appeal concludes as follows:
�
� l . Special conditions do not exist which especially affect the subject property
and not the district generally;
�
; Literal enforcement of the provisions of 'the Ordinance would not involve
substantial hardship to the petitioner;
D"-i=N ON THE PETITIOiN OF FRANCIS P. BREWER JR. ( PETITIONER) , �,NAGvULA
IN "_DUNG (OWNER) FOR VARIANCEAT 190 NORTH STREET, SALEM
caize two
-esirabie relief cannot be granted without substantial detriment t,e
oubiic good or without nuilif•, ing or substantiaily cierogatins from she intent
cf the district of the ourgose of the ordinance.
Therefore, the Zoning Board of Appeal voted three (3) in favor, taro 12) -ocosed
([9r. Dore and Mr. Nutting) to the granting of the variances requested.
reouest is denied due to the failure of the petitioner to obtain the required
,our ih ) affirmative votes
DENIED
Peter Dore, Member, Board of Appeai
COPY OF THIS DECISION HAS BEEN FILED tWITH THE PLANNING BOARD AND THE CLERK
}-nm this necis�on1 if anY, ch-li be made p!rsu int to S2,-ton the A7.�ss. Ganernl laws. Chapter BC3. and sh-!I _
on days °
atter the ;a.^ of fJioq of th:s dec!.Ion In the ci Yice ofede;:in
20 days
(. Y 'Ct.
or spr,, r gran .I he rc�n �, ar:x:13, 5cr•an 11, 1 r
decision. Uea rm+ ... r�Jt !ak? ir;an_e
t.'la COYa}a:::LJ❑ Of I. „ P.If2r,f until p Cppv C,
elaPserj cnapeal h.,.; Cily C:cr# flat 'D dr„ have
filed been hied. °r thet i,
try it h�5 Leen d'Srt15sa!1 or denied is reo°rtl d ihPeal I'll been
Registry of needs and in tlexed underthe nam. n the Sppth Es„rx
IS recorded and noted on the Owner's Certificata I U e °'rner of record or
o} Tile.
BOARD OF AapFAL