52 HOWARD STREET - BUILDING INSPECTIONW152 Howard St.`�
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PuttrD of Appeal80 NOV -7 Pit :52
OCTOBER 29, 198CCITY CLLR 9FFICE
DECISION ON THE PETITION OF MR. THOMAS PELLETIER REQUESTING A VARIANCE AND
SPECIAL PERMIT FOR(52 AOY,APD STPwET�
A hearing on this Petition was held on October 29, 1980 with the follow-
ing Board Members present: Mr. Piemonte (Vice Chairman) Acting Chairman; .
Messrs. Feeherry, Hacker and Associate Member Piemonte. Notices of the hearing
were sent to abutters and others and a notice of the hearing was published in
the Salem Evening News on October 15, 1980 and October 22, 1980, in accordance
with Massachusetts General Laws Chapter 40A.
The Petitioner has requested a variance and special permit for the property
at 52 Howard Street to construct an addition to an existing furniture repair.
shop. The variance and special permit are required because the proposed con-
struction will encroach upon front, rear and side yard lot restrictions. The
property is in an Industrial Zoning District,
The Board of Appeals, after consideration of the evidence presented at the
public hearing and after viewing the property makes the following findings of
fact:
1. The proposed construction will not adversely affect the area because
there are no structures on abutting property,
2. The proposed construction is not opposed by abutters.
3. The proposed construction will not create additional traffic problems
in the area.
4. The proposed addition will be used for storage and as a place for tools.
The existing building on the property presently encroaches upon the front
and rear yard lot restriction. Accordingly, as to the portion of the proposed
construction which will encroach upon front and rear yard lot restrictions, the
provision of the Salem Zoning Ordinance which is applicable to this -request
is Section V-B-10, which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance,
the Board of Appeals may, in accordance with the procedure and conditions
set forth in Section VIII F and IX D, grant Special Permits for alterations
and reconstruction of nonconforming structures, and for changes, enlarge-
went, extension or expansion of nonconforming lots, land, structures, and
uses, provided, however, that such change, extension, enlargement or ex-
pansion shall not be substantially more detrimental than the existing
nonconforming use to the neighborhood, nor shall this paragraph apply to
billboards, signs , or other advertising devices.
Paurb of Amm,
OCTOBER 29, 1980 - DECISION - THOMAS PELLETIER - PACE TT10
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 heilth,
safety, convenience and welfare of the City's inhabitants.
on the basis of the above findings of fact and on the evidence presented
at the public hearing, the Board of Appeals concludes (i) that the proposed
use of the property will not be substantially more detrimental than the existing
use to the neighborhood, (ii) that the proposed use of the property will promote
the public health, safety, 'convenience, and welfare of the City's inhabitants,
and (iii) that the proposed use of the property is in harmony with the Salem
Zoning Ordinance,
In addition, the Board of Appeals concludes as follows:
1. The proposed construction is an appropriate use of a uniquely shaped
piece of property.
2. The unique configuration of the property especially affects the land and
existing structure in question but does not generally affect the zoning district
in which the land and building is located.
3: The conditions described above which affect the land in question, but
not the zoning district generally cause a special hardship to the petitioner
who cannot expand his business without the requested variance.
4. The desired variance and special permit may be granted without sub-
stantial detriment to the public good.
Therefore, the Board of Zoning Appeals unanimously voted in favor of grant-
ing the requested relief. The Board grants a variance and a special permit to
the petitioner on the following terms and conditions:
1. All construction shall be in accordance with the plans submitted to
the Board.
2. The proposed construction will be permitted to within 5 feet of the
lot line abutting the Parker Bros. property; to within 29 feet of the front lot
line of the property; and to within a minimum of 2 feet and a maximum of 6 feet
from the rear lot line as shown on the plans submitted to the Board.
APrLAI FR)M TIIIS DECfSIOH, IF ANY. SHALL BE ?:^.ADE FORSL'lAdT TO SECTION 11 OF THE MASS.
C .. D GRANXEt7 D T i7";' '<0 DAYS AFTER THE DATE OF FILING
F - o i f.! _-..5. . .: 7•:1'CF DR SPCi I PFR"IT
TIA=hbny M. Feeherry
HAS P,_Lugg�etary
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I THE SOu�H ESSt; E., o •,Y 2r ..,� D �h,`E; NNEiiAf;.E OF THE OWNER
OF Lz OBD Oi, IS RECORDED ANO NO:EB ON THE OVIifPR'S CERTIFIi ATE OF TITLE. --
BOARD OF APPEAL
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