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DECISION ON THE PETITION OF ELINOR SWENBECK FOR
VARIANCE AND SPECIAL PERMIT AT 53 APPLETON ST. (R-2)
A hearing on this petition was held January 17, 1990 with the following Board
Members present: James Fleming, Chairman ; Messrs. , Bencal , Febonio, Luzinski
and Associate Member 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.
Petitioner, owner of the property, is requesting Variances from density
and parking to allow conversion to a two family dwelling and s Special Permit
to allow construction of a second egress. Property is located in an R-2 zone.
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 rol lows :
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 VIII F and IX D, 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 neighbhorhood.
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 Variances which have 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 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, and
after viewing the plans, makes the following findings of fact:
1 . The petitioner shall comply with the requirements of the Salem
Fire Prevention Bureau.
DECISION ON THE PETITION OF ELINOR SWENBECK FOR A VARIANCE AND
SPECIAL PERMIT AT 53 APPLETON STREET, SALEM
page two
2. Abutters spoke in favor of the petition.
3. Councillor Hayes spoke in favor of the petition.
4. Proposal would provide family care for the owner.
5. Changes to the exterior of the dwelling are minimal .
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 conditons exist which especially affect the subject property but
not the district generally.
2. Literal enforcement of the Ordinance would work a substantial hardship
on the petitioner.
3. The granting of the special permit will promote the public health, safety,
convenience and welfare of the City's inhabitants.
4. The Variances requested can be granted without substantialy detriment to the
public good and without nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted 4-1 (Mr. Bencal opposed) to grant
the Variances and Special Permit requested, subject to the following conditions:
1 . The petitioner shall comply with all requirements of the Salem Fire
Prevention Bureau.
2. All construction must be in accordance with the plans submitted.
3. Construction shall be in compliance with state and city building codes.
4. Exterior finish of new construction must be in harmony with existing
building.
5. A certificate of occupancy must be obtained.
6. Petitioner must maintain two legal parking spaces on site.
VARIANCES & SPECIAL PERMIT GRANTEDZ�g�
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Peter Dore, Member, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND CITY CLERK
Appeal from this decision, If any, shall be made pursuant to Section 17 of
tce Mass. General Laws, Chapter 808, and shall be filed within 20 days '
,12r the date of filing of this dcasicn in the office of the City Clcrk,
rursuant to Blass. General Lars, Ch e -M', Secbal 11. c:e Variance
ce special Permit granted herein :fi •r ko cffsct until a copy of the
decaon, bearing the certification of ' i, t :, C'nrk that 20 days have
eiapsed and no appeal has becn or 5,at, if such .,rpcai has been
Ned, chat it I as been d:smis:c:'' or amend is recorded in the South Essex
Registry of Deus and indexed under the name or the owner of recordar
is recorded and noted on the owner's Certificate of Title.
BOARD OF APPEAL
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