21 ARBELLA STREET - ZBA (2) 21 Arbella St. R-2
Janet Fraser
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DECISION ON THE PETITION OF JANET FRASER FOR A SPECIAL PERMIT
FOR 21 ARBELLA ST. (R-2)
A hearing on this petition was held July 29, 1987 with the followinz Board Members
present: James Hacker, Chairman; Messrs. , Bencal, Luzinski and Associate
Member LaBrecque. 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..
The petitioner, owner of the property, is requesting a Special Permit to convert
an existing two family dwelling into a three family dwelling in this R-2 district.
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 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 non-
conforming structures,and for changes, enlargement, extension or expansion of non-
conforming 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 . There was no major opposition;
Previous denial of this plan was due to an unworkable parking plan;
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3. Current plan, as modified, has addressed the parking problem.
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 . The granting of the Special Permit requested will promote the
safety, convenience and welfare of the City's inhabitants;
2. The proposed three family dwelling will not be substantially detrimental
to the public good and will not nullify or substantially derogate from
the intent of the district or the purpose of the Ordinance.
DECISION ON THE PETITION OF JANET FRASER FOR A SPECIAL
PERMIT FOR 21 ARBELLA ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the
Special Permit requested, subject to the following conditions:
1 . Parking for five (5) vehicles, legal sized spaces, must be maintained
on site as shown on plan submitted and codified for spaces number 3,4 & 5•
2. All requirements of the Salem Fire Dept. must be adhered to;
3. A building permit must be obtained prior to construction;
4. A Certificate of Occupancy be obtained.
5• Property must be owner occupied at all time.
SPECIAL PERMIT GRANTED
i James B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FRO.'A THIS CELIS JAI iJ'i. S'i`.L!. CE VADE PCRS;',:7T TO SE_7!--:! 17 CF TdE ':ASS.
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RECCRDED IN THE S,`H ESSEY. RE_IS3i OF OF 7nE L :ER
OF RECORD OR IS RECORDED AND NOFED ON THE Cl:6ER CERTi FICATE CF TITLE.
BOARD OF APPEAL
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