6 ARTHUR STREET - ZBA 6 Arthur St. R-2
Carl Lento, John Giardi
/ Donald Milbauer
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�II2trb of '4VVd iITY CLERK. SALEM. MASS.
DECISION ON THE PETITION OF CARL LENTO, JOHN GIARDI AND DONALD
MILBAUER FOR A SPECIAL PERMIT AND VARIANCE AT 6 ARTHUR ST. (R-2)
A hearing on this petition was held August 24, 1988 with the following Board
Members present: James Fleming, Chairman; Messrs. , Luzinski, Nutting and
Associate Members Dore and 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 petitioners, owners of the property, are requesting a Special Permit and
and Variance to allow construction of an additional dwelling unit; Special
Permit to extend nonconforming structure and a variance to allow fourth dwelling
unit 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 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 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 Variance which has 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, and structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would in-
volve 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 of 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 . Neighbors and abutters were opposed due to concerns about
construction blasting, drainage and parking;
2. The petitioners agreed to address the problems expressed by
neighbors and abutters;
DECISION ON THE PETITION OF CARL LENTO, JOHN GIARDI AND DONALD MILBAUER
FOR A SPECIAL PERMIT AND VARIANCE AT 6 ARTHUR STREET (R-2)
page two
3. The property would be substantially improved and would have
adequate parking;
4. The property will be graded close to the existing grade causing
little or no change in drainage patterns.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property
but not the district generally;
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve a substantial hardship on the petitioners; and
3. The relief requested can be granted without substantial detriment to
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 four to one (4-1 ) , Mr. Nutting
voted in opposition, to grant the relief requested, subject to the following
conditions:
1 . Construction must be as per plans submitted except as noted below;
2. Construction be in accordance with Massachusetts Building Code;
3. Must comply with all requirements of the Salem Fire Department
relative to fire safety;
4. Proper numbering be obtained from the Assessors Department;
5. Building Permit must be obtained from the Building Inspector;
6. Certificate of Occupancy be obtained;
7. Parking plan shall be amended to include six (6) off street
parking spaces facing the existing three family
8. Landscaping shall be as per plans submitted and extended to the
rear of the property line;
9 Parking spaces must be dedicated to units occupied by occupied;
10. The hydraulic method be used if possible for excavation, if not, the
petitioners must conform to the pre-blast ordinance to include a
survey of abutters property;
11 . Construction trailers to be removed from site by December 31 , 1988;
12. Off street parking not to be used by trailers of boats;
DECISION ON THE PETITION OF CARL LENTO, JOHN GIARDI AND DONALD MILBAUER
FOR A SPECIAL PERMIT AND VARIANCE AT 6 ARTHUR STREET (R-2)
page three
13. The new construction must not exceed twenty five (25) feet
in height.
VARIANCE AND SPECIAL PERMIT GRANTED
eter Dore, Member, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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