59 1/2 SUMMER STREET - BUILDING INSPECTION S9 is
7�� � MON
{
fd/
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET. 3RO FLOOR
( (iL SALEM. MASSACHUSETTS 01970
s TELEPHONE: 97$-745-9595
�ppta
FAX: 976-740-9646
KIMBERLEY DRISCOLL
MAYOR
DECISION ON THE PETITION OF CAREY PALMQUEST REQUESTING n
A VARIANCE FOR THE PROPERTY LOCATED AT 591/2 SUMMER STREET R-2 r�
A hearing on this petition was held on August 16, 2006 with the following Board
Members present: Robin Stein, Bonnie Belair, Annie Harris, Beth Debski and StephSb
Pinto. Notice of the hearing was sent to abutters and other and notices of the hearing C)o
rn
were properly published in the Salem Evening News in accordance with Massachusks *13
General Laws Chapter 40A.
rn�
w Dr
The petitioner is requesting relief from Section 7-2, off-street parking regulations forqRe'
property located at 59/2 Summer Street located in an R-2 zone.
The Variance which has been requested may be granted upon a finding of the Board
that:
a. Special conditions and circumstances exit which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings or
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 located in the R-2 Zone.
2. The Petitioner sought approval from a curb cut to construct a driveway.
3. The Petitioners have owned the house for a number of years and want to sell the
property. Peter Palmquest told the Board that constructing a driveway would
help sell the property.
4. The owners of 59 Summer Street, immediate abutters, spoke against the project
as they have a right of way over the proposed driveway area. A car parked in the
proposed driveway would be inches from their house.
5. Creating the curb cut would remove two {2}on-street parking spaces.
6. The Board fully considered the application and did not believe that the requested
relief conformed to the principals of the Zoning by law.
f
DECISION ON THE PETITION OF CAREY PALMQUEST REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 59 Y:SUMMER STREET R-2
page two
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 do not exist which especially affect the subject property and not
the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would not result in
unnecessary hardship to the petitioner.
3. The relief requested cannot be granted without substantial detriment to the public
good or without nullifying and substantially hardship derogating from the intent of the
district or purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted 0 in favor and 5 in opposition to grant the
requested variances. Having failed to garner the four affirmative votes required to pass,
the motion is defeated and the petition is denied.
VARIANCE DENIED
AUGUST 16, 2006
Robin Stein CsC/k�
Board of Appeal
A 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 the MGL
Chapter 40A and shall be filed within 20 days after the date of filing of this decision in the
office of the City Clerk. Pursuant to MGL Chapter 40A, Section 11, the Variance or
Special Permit granted herein shall not take effect until a copy of the decision bearing
the Certification of the City Clerk that 20 days have passed and no appeal has been
filed, or that, if such appeal has been filed, that it has been dismissed or denied is
recorded in the South Essex Registry of Deeds and indexed under the name of the
owner of record or is recorded and noted on the owners Certificate of Title.
Board of Appeal