8 BOARDMAN STREET - ZBA 8 Boardman St. R-2
Arthur Bates
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CITY
DECISION ON THE PETITION OF ARTHUR BATES FOR A SPECIAL PERMIT
FOR 8 BOARDMAN ST.
A hearing on this petition was held August 20, 1986 and continued until October
8, 1986 with the following Board Members present: Edward Luzinski, Vice Chairman;
Messrs. , Bencal, Strout 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 Nei-is in accordance with Massachusetts General Law Chapter 40A.
The petitioner, owner of the property, is requesting a Special Permit to allow an
existing three family dwelling in this R-2 district.
The provision of the Ealem 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 for 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 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 . The existing structure presently in its use as a three family
dwelling is not Zetrinental to the neighborhood;
2. There was no opposition.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . The relief requested can be granted without substantial detriment to
the neighborhood and will not derogate from. the intent or purpose of
the Ordinance.
y
DECISION ON THE PETITION OFSALEMUR BATES FOR A SPECIAL
PERMIT FOR,$ BOARD14AN ST. ,
page two
the Zoning Board of Appeal voted unanimously, 4ee to grant the Special
subject to
.Therefore,
se of the property as
Permit requested to allow the u a three family
following conditions:
1 . Property must be owner occupied;
2. Must meet approval of the Fire Prevention Bureau;
3, Obtain a building permit for the demolition of the existing garage;
4. Maintain five (5) on site parking spaces, which must be delineated
and meet the requirements of the Zoning Ordinance.
ANTED
PERMIT GRANTED
Peter Strout, Member, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FROM THIS DECIWI N, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE f;ASS.
CEIUAL LA'I%S. CHAPTER £08, AND SHALL BE FILED PlITHIG 20'DAYS AFTER THE DATE OF FIL6iG
0'
THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSP.ST TO LASS. CE71'RAL LAYS, CHAPTER E03. $EC:1S:1 11, THE VAP.IACCE 071 S-ErIkL PER',AT i
GCAI;TED HEP.EI;:. SHALL 6_i J:?E EFFECT UNTIL A CEP`. OF BE.-.4-%l: THE CERT-
FICAT,_N OF THE Uri SR:: THAT L' rAYS HAVE ELF PSEI P`.. .� AF'r`J,L H'.S 2ECv P.'LED.
CR THAT, IF S;'LH A;: i:PPESL HAS BEET: FILE, THAT IT HAS EEEN C::J::SS`0 CP1 U-N!E:O is
_ REwROED li: TF.E S'-'UTH ESSEX CENSTF:' OF CEEOS A'!' Ii )EXED U;-DG TFlE OF i E C'::L<'F
OF RECORD OR IS RECORDED AND NOTED ON THE OiVNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL