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A CITY CLERK. Se„E y. MASS.
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DECISION ON THE PETITION OF ROBERT AND PATRICIA GONYEA FOR A
VARIANCE AT REAR 39 & 41 NORTHEY STREET (R-2)
A hearing on this petition was held on July 20, 1988 with the following Board
Members present: James M. Fleming, Chairman; Messrs. Bencal Luzinski, Nutting
and Strout. Notice of the hearing was sent to abutters and others, and
notices were properly published in the Salem Evening News in accordance with
the Provisions of Massachusetts General Laws Chapter 40A.
The petitioners, owners of the property are seeking a Variance from density
setbacks, and use to allow construction of a four (4) family dwelling on
each of the lots at the locus. The Property is located in a R-2 Zone.
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 do not generally
affect other lands, buildings and structures in the same district;
b. a literal enforcement of the provisions of the C-dinanoe would
involve substantial hardship, financial or other•:ise 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 hearing the evidence presented at the hearing,
makes the following finding of fact:
1. Several neighbors spoke in opposition to the plan at the public
hearing.
2. The plan would add to the parking problem in the neighborhood.
3. As proposed, the plan is too dense for the existing neighborhood,
and would be detrimental to the neighborhoods quality of life.
4. As proposed, the plan would aggravate an existing water drainage
problem in the neighborhood.
5. The plans presented were deficient for a project of this scope
and magnitude.
On the basis of the above findings of fact, and on the evidence presented,
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;
Z If
DECISION ON THE PETITION OF ROBERT AND PATRICIA GONYFA FOR A
VARIANCE AT REAR 39 & 41 Northey Street, SALEM
PAGE TWO
3. The relief requested can not be granted without detriment to the
public good or without nullifying or substantially derogating
from the intent of the district or the purpose of the Ordinance.
There fore, the Zoning Board of Appeal voted unanimously, 0-5, not to
grant the relief requested. The petition, having failed to gather four (4)
affirmative votes, is, thereby denied.
VARIANCE DENIER
es M. Fleming, Esq.
firman, Board of s
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PTANNING BOARD AND THE CITY CLERK
APPEAL FROM THIS DECISIOFI. IF ANY. SNCL! !•n,Dr PURSUANT GENERAL LA;.S. CF{'pTE� q� -- PERS!ANT TO SECTION 17 OF THE MASS.
8,,. AiJD SHALL P" .. "'-�;;J ?D DAYS A
OF THIS DEC:S:;„ IfJ THE OFFICE ITER il{E DATE OF FILING
Or 71 I �
""L, L�., A'..; 11 !i; J A. .c OR .IAI. PERMIT
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CF IHc CLER< hn ZD DAY„ �. f-n2 Y: HE C_RT-
OP 4 T, IF Si J APPEAL hAS J�Ei! rl �. P H'S R. f FILED.
BEC'RYO IN Th- $:' i' - ': Lis -`-_= GR C_:JEu IS
�'r! ESSCY, RE;iSTR'i OF i;5 A:7 I !i:�c:EU O:iDER THE NWE OF THE OWNER
DF RECORD OR IS RZCORDED AND NOTED ON T:�E`DrY;JER'S CERTIFICATE OF TILE.
BOARD OF APP"
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NORTNEY STREET
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SALEM BOARD OF APPEALS APPROVAL PROPOSED PLOT PLAN
07�� �O/op4lPd �iKi7 .JQolceJ J'�e ../q c7/2
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PREPARED FOR : STEVEN SMITH
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Cc�/O�led �e' a/e�.r d'���'f SCALE: 1°= 20, FEB . 26 , 1988.
/ PARSONS AND FAIA INC .
O7 1ecei480 LINCOLN AVENUE
SAUGUS MASS .
DATE :