43 APPLETON STREET - ZBA 43 Appleton St. R-2
Thomas & Theresa Sinclair
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DECISI01: ON THE PETITION OF THOMAS & THERESA SINCLAIR FO�IL� ;
SPECIAL PERMIT FOR 43 APPLIETON ST.
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A hearing on this petition was held December 17, 1486 with the following Board
Members present: Edward Luzinski, Vice Chairman; Messrs. , Bencal, Strout and
A=xi tAF__ Iabrecoue & Dore. 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.
Petitioners, owners of the property, are requesting a Special Permit to allow a
single family dwelling to be converted to a two family dwelling in the R-2 district.
The property is presently nonconforming with regards to the density requirements. 1
The provision of the Salem Zoning Ordinance which is applicable to this request
for a Special Permit is Section V B 10, which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordirfance, the Board of
Appeal may, in accordance with the procedure and conditions set fopuh in Section
VIII F and IX D, grant Special Permits for alterations and reconstruction of non-
conforming structures, and for changes, enlargement, extension or expansion of
noncon`orming lots, land, structures, and uses, provided, however, that such change,
extension, enlargement or expansion shall not be substantially dory detrimental
than the existing nonconforming use to the neighborhood. i
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
t, Board that the grant of the Special Permit will promote the public healt�:.
saa,ty. convenience and welfare of City's inhabitants.
The Board of Appeal, after careful consideration of the evidence presented, and after_'
viewing the plans, makes the following findings of fact:
" 1 . There was no opposition;
_ . The increase would benefit the owner;
The use is an allowed use in this district.
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On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
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1 . The proposed use of this property as a two family dwelling will not be
substantially detrimental to the neighborhood;
2. The relief requested can be granted without nullifying or substantially
derogating from the intent or purpose of the Ordinance.
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DECISIO': OiN THE FETITIO'i 0" THO'§AS & THERESA SINCLAIR
FOR A
SPECIAL PEn:`•;IT FOR 43 AP LETON 51. , SALE;
Page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Special
Permit requested, subject to the following conditions:
1 . Three (3) legal size, nonobstructed, parking spaces be
maintained on site. One (1 ) parking space to be inside the garage,
the other two (2) spaces to be behind the house, as noted on the
plans submitted;
2. All construction be in compliance with the Fire Prevention Bureau
regulations and the State Building Code;
3. A legal building permit must be obtained;
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4. A Certificate o_` Occupancy be obtained.
SPECIAL PERMIT GRAhTE;i =-
Peter Strout, Member, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK,
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TO Salem Board of Appeal
RE Petition of Thomas and Theresa Sinclair
43 Appleton Street, Salem, MA
We the undersigned, hereby state that we have no objection to
the Petition of Thomas and Theresa Sinclair for a Variance and
Special Permit to convert the upper floors of the dwelling at 43
Appleton Street , Salem, Massachusetts, to a seond apartment unit
and state that we are in favor of their proposed use of the
structure.
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