20 CLOVERDALE AVENUE - BUILDING JACKET I
20 CLOVERDALE AVENUE
r y (f itv of --'-5ttlem, flttssurijusetts
B'nttrD of Au}ieal
P f
DECISION ON THE PETITION OF DARLENE ROMANO
FOR A SPECIAL PERMIT AT f0 CLOVERDALDAL E7-(R=1)
A hearing on this petition was held March 10, 1993 with the following Board
Members present: Richard Bencal, Chairman; George Ahmed, Francis Grealish
Jr. , Edward Luzinski and Stephen Touchette. 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.
Petitioner, owner of the property, is requesting a Special Permit to
operate a home electrolysis business in this R-1 district.
The provision of the Salem Zoning Ordinance which is applicable to this
request for a Special Permit is Section 5-3(j ) , which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the
Board of Appeal may, in accordance with the procedure and conditions set
forth in Section 8-6 and 9-4, grant Special Permits for alterations and
reconstruction of nonconforming structures, and for changes, enlargement,
extension or expansion of nonconforming lots, land, structures, and uses,
provided, however, that such change, extension, enlargement or expansion
shall not be substantially more detrimental than the existing nonconforming
use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit
requests, guided by the rule that a Special Permit request may be granted
upon a finding by the Board that the grant of the Special Permit will
promote the public health, safety, convenience and welfare of the City's
inhabitants.
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 business will be operated in the basement of the dwelling.
2. There is off street parking.
3. There will be only one other regular employee.
4. The business will operate during the early evening hours and Saturdays.
PETITION OF DARLENE ROMANO FOR
SPECIAL PERMIT AT 20 CLOVERDALE AVE. , SALEM
page two
Cn the basis of the above findings of fact, and on the evidence presented,
the Board of Appeal concludes as follows:
1. The Special Permit requested can 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.
2. The granting of the Special Permit requested will promote the public
health, safety, convenience and welfare of the City' s inhabitants and may
be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 3-0, to grant the
Special Permit requested, subject to the following conditions:
1 . Petitioner shall comply with all City and State statutes, ordinances,
codes and regulations.
Petitioner shall obtain a Certificate of Inspection from the Salem
Building Inspector and a Building Permit if needed.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
Petitioner shall obtain approval from the City of Salem Health Dept.
5. There shall be no more than two employees.
6. The hours of operations shall be 9:00 a.m. - 9:00 p.m. weekdays and
Saturdays, 9 :00 a.m. to 3:00 p.m.
'his Special Permit shall '_apse three years from the date of filling of
this decision. Petitioner may re-appiv to Board of Appeal at that time.
SPECIAL PERMIT GRANTED
March 10, 1993
Stephen C. Touchette, ', . Chairman
Board of Appeal
W1 -
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DECISION ON THE PETITION OF DARLENE ROMANO
FOR A SPECIAL PERMIT AT 20 CLOVERDALE AVE. , SALEM
page three
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE Ci TY
CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17 of
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 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 elapsed 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 owner's Certificate of
Title.
3oard of Appeal
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