18 BRIDGE STREET - ZBA (3) 18 Bridge St. R-2
Neil & Gladys McMullen
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DECISION ON THE PETITION OF NEIL & GLADYS MCMULLEN FOR A
SPECIAL PERMIT AT 18 BRIDGE ST. (R-2)
A hearing on this petition was held July 5, 1989 with the following Board Members
present: James Fleming, Chairman; Richard A. Bencal, Vice Chairman; John Nutting,
Secretary; Edward Luzinski and Richard Febonic. 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 seeking a special permit to extend
a nonconforming structure and use to allow construction of an addition in this
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 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
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 . There was no opposition.
2. The building has been used as both residential and business since 1969•
3. There are many other businesses in the area.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . The grant of the Special Permit will promote the safety, convenience
and welfare of the city's inhabitants.
2. The relief requested can be granted 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.
DECISION ON THE PETITION OF NEIL & GLADYS MCMOLLEN FOR A
SPECIAL PERMIT AT 18 BRIDGE ST, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Special Permit requested, subject to the following conditions:
1 . All construction be done as per existing City and State Buildings Codes
and with a legal building permit.
2. All dimensions be as per the plans submitted.
3. Petitioner meet all requirements of the Salem Fire Department.
4. Exterior finishes and windows be in harmony with the existing structure.
5. No windows or doors on the new addition be placed on the side facing
20 Bridge Street.
GRANTED
h,,l 1 �ichard A. Bencal, Vice Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
If any, shad be made phrcean: to Section 17 of
C,nenil I_;.,,
eirar L`,e Cr ne of 5Sn? of ihisPdecrs on :r he offr be e o'f the C;tY Clerk.
:c,on 11, the varianceE]rl Parn+ic r.._. e,er. ; ,_ ,,,., t=ke effact until a co the
or
."- �(-r hcc,: ^ 'r t,ie C.tY Clerk that 20 deYS have elapsed and na :.ppeal ;us teen Wed, or that, if such appeal has been
filed, that it has teen dismissed or dem^d is recorded in the South Essex Registry of Deeds and indexed under the name or the owner of record or
Is recorded and noted on the owner's Certificate of Title.
BOARD OF APPEAL
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