9 HARDY STREET - HINCMAN, ALEXANDER - ZBA 9 Hardy St. R-2
- — Alexander Hincman
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'84 FEF 29 P; :12
DECISION ON THE PETITION OF ALEXANDER HINCMA�i� R Ar -t`E
VARIANCE FOR 9 HARDY STREET, SALEM
A hearing on this petition was held February 15, 1984 with the following
Board Members present: James Hacker, Chairman; Messrs. , Charnas., Luzinski and
Associate Member Bencal. 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 Lairs Chapter .40A.
Petitioner requests a Variance to allow him to use a vacant lot on the
premises as a parking lot in this R-2 district.
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 and structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would in-
volve 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.
A After hearing the evidence presented at the_hea_ring, and after viewing the plans,
the Board makes the following findings of fact:
_. 1 . Very few alternative economically feasible uses of the premises
are possible;
2. The lot, because of its size, location and undeveloped state is
unique to the district;
3. Because of crowded parking conditions in the area, the use of the
lot for parking of some neighbor's vehicles would be a benefit to
the area.
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 . Literal enforcement of the Zoning Ordinance. would involve a
substantial financial hardship on petitioner;
• 2. There are special conditions which affect the lot and which are
unique to and do not generally affect the district;.
3. The relief requested can be granted crit_".out substantially derogating-
from
erogatingfrom the intent or purpose of the Zoning Ordinance and without sub-
stantial detriment to the public good.
DECISION ON PETITIONER OF ALEXANDER HINCMAN FOR
A VARIANCE FOR 9 HARDY STREET, SALEM
page two
Therefore,the Board of Appeal voted unanimously to grant the petitioner the
Variance requested, provided that:
1 . No more than ten (10) automobiles be parking on the premises at any
one ,time; .
2. A six (6) foot shrub barrier be erected on the southern perimeter of
the premises from Hardy Street down said perimeter a distance of
fifty (50) feet; and
3. Lyn-Pak be placed over the entire area of the premises upon which
vehicles will travel and/or be parked.
VARIANCE GRANTED
Scott E. Charnas, Acting Secretary
A COPY OF THIS DECISION AND PLANS HAVE BEEN FILED WITH THE PLANNING BOARD AND
THE CITY CLERK
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id'P0 FR3:4 THIS DECISIOP', IF ANY, SHALL 8E AfADE PURSUANT TO SECTIDII 17 OF THE !.YA$''>.
_ .AL iA�lS. C'IAPTZR 0G3, AND 34ALL CE FILED ;'i 17111N 20 DAYS AFTER AFTER THE DATE GF fJL
OF TL':S D"t?!Si O:! IC THE OFFICE OF THE CI—if CLERK.
�... , i^ ASS. CEiIE?AL IAi!S, C!I$PT SEC
7101;ER 504. .,E 710'. 11. THE VARIANCE C? SP T'4
.... I!E:iili';. SHALL trf ,F.i;E EFF' T Vie TIL A COPT OF THE�'EC3°1 i.^'.. 9FAti i ---
0, THE CITT ERF: �`R Tri: _c..
CL iP..ti( 20 DAYS }iA.E ELA?SEO AND NO A;PEAL :1.^.S -
.T.t:<.', IF SUCH AN APPEAL HAS BSEN FILE. THAT IT HAS BEEN' D1S.'.:IS3ED .; !':''�D 1S
FF;:';CE7 IN THE SOUTH ESSEX P,ECISTRY OF DEEDS AND INDEXED UNDER THE ::ALE CF THE C'."'.,•N
C? RECCP.D OR IS RECORDED AND NOTED 0.N THE OWNER'S CERTIFiC.;TE OF TITLE.
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BOARD OF APPEAL