18 BROWN STREET - ZBA i 18 Brown St. (R-3) --p�
George Haskell &
Karen Lawrence \ �^
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P narb of 'Appeal
DECISION ON THE PETITION OF ROBERT WELCH & WILLIAM LUNDREGAN
(PETITIONERS) , GEORGE HASKELL & KAREN LAWRENCE (OWNERS) FOR
A SPECIAL PERMIT FOR 18 BROWN ST. , SALEM
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A hearing on this petition was held March 19, 198�y((yy SA t@Ie0AToAffig Board Members
present: James Hacker, Chairman;. Messrs. , CharnE ncal, Luzinski and Strout.
Notice of the hearing was sent to abutters and oAr and notices of the hearing
were properly published in the Salem Evening News tao�{ord�n y� Massachusetts
General Laws Chapter 40A. G
Petitioners have requested a Special Permit to utilize the building located at
18 Brown Street for professional, non-professional and non-retail offices. Property
is located in an 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
nonconforming structures, and for changes, enlargement, ex-
tension or expansion of nonconforming lots, land, structures,
and uses, provided, however, that such change, extension, en-
largement or expansion shall not be substantially more detri-
mental 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 hearing the evidence presented at the hearing, and after
viewing the plans, makes the following findings of fact:
1 . The intended use is not more detrimental than the present use;
2. There is parking for at least nineteen (19) vehicles in
the rear of the building;
3. The plans, as submitted, will help to preserve the building
and the unique architectural features;
4. Concerns that were voiced by an abutter will be addressed
by the petitioners;
5. Support for the plan was submitted by neighbors, abutters and others.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal voted unanimously, 5-0, in favor of the petition subject to the
following ,provisions:
DECISION ON THE PETITION OF ROBERT WELCH & WILLIAM LUNDREGAN (PETITIONERS) ,
GEORGE HASKELL & KAREN LAWRENCE (OWNERS) , FOR A SPECIAL PERMIT FOR 18 BROWN ST. ,
SALEM
page two
1 , The property may be used as prufessional, non-professional
and non-retail offices;
2. No other commercial use of this property shall be allowed without
prior approval of this Board;
3. The property may not be used for residential units;
4. The petitioner shall maintain at least nineteen (19) on site
parking spaces;
5. An occupancy permit must be obtained by the petitioner for the
use of the building;
6. The building must be in compliance with State and local fire
regulations;
7. Petitioner must make any and all attempts to keep the driveway
for St. Peters Church clear from any vehicles making deliveries
or otherwise servicing the building at 18 Brown St. ;
8. Any signage must be approved by the Salem Planning Board.
SPECIAL PERMIT GRANTED
Richard A. Bencal„ Member Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FRO:! THIS DECISION, IF AlY. SHALL BE MADE PURSUANT TO SECTION 17 OF THE
` GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED Y7r,H!N 20 DAYS AFTER THE DATE OF F'L!i.9
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSACT TO I+:ASS. GEN=RA_ LA::S CHAPTER BOB, SECTICU 11, THE VARIACCE OR SPECIAL PEE:'!T
CRANED HEREIN, SHALL N.", TA!:E EFFECT UNTIL A COPY OF THEDE"!Jli. PE4 % TH: CERT-
FILATIOA OF THE CITY CLERK TEAT 23 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED.
OR THAT, IF SUCH AN APPEAL hAS BEE: FCE, THAT IT HAS CEEN CIS.'„^,S^ED CR DMIED IS
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED LLDER THE CA,:E OF THE CL.:.ER
OF RECORD OR IS RECORDED AND NOTED ON THE OYVNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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\AB01MMEti WARD COUNCILLORS
GEORGE P. M6CABE 7986
COUNCILLORS-AT-LARGE PRESIDENT
1986 GEORGE A. NOWAK
JOSEPHINE R. FUSCO KEVIN R. HARVEY
ROB'ERT E. GAUTHIER CITY CLERK
VIN CENT J. FURFARO
FRANCES J. GRACE LEONARD F. O'LEARY
NEIL J. HARRINGTON JEAN-GUY J. MARTINEAU
RICHARD E. SWINIUCH GEORGE P. MCCABE
JOHN R NUTTING
March 19, 1986
Chairman, Board of Appeals
City of Salem, Massachusetts
Dear Mr. Hacker:
Please record me in favor of the Special Permit application of
Robert W. Welch and William J. Lundregan for the premises at 18
Brown Street, Salem, Massachusetts.
I have known and been a neighbor of Mr. Lundregan for many years.
I have also known Mr. Welch for many years. I consider their
purchase of the building and occupation of it as a law office to be
a welcome addition to that neighborhood.
With the plans that they have for the use, occupation, and up-grading
of the property, it is certainly a welcome expression of faith in
our community that they would move from spacious offices that they
have just recently renovated and make this substantial investment
in Brown Street.
I believe this matter should receive favorable action by your Board.
Ver truly yours,
GEO A. NOWAK
Councillor, Ward 1
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WARD COUNCILLORS
GEORGE P. MCCABE 1986
COUNCILLORS-AT-LARGE PRESIDENT
1986 GEORGE A. NOWAK
JOSEPHINE R. FUSCO KEVIN R. HARVEY
ROBERT E. GAUTHIER CITY CLERK VINCENT J. FURFARO
FRANCES J. GRACE _ LEONARD F. O'LEARY
NEIL J. HARRINGTON JEAN-GUY J. MARTINEAU
RICHARD E. SWINIUCH GEORGE P. MCCABE
JOHN R. NUTTING
March 19, 1986
Mr. James Hacker, Chairman
Board of Appeals
One Salem Green
Salem, MA 01970
Dear Mr. Hacker:
I am writing to endorse the petition for a Special Permit to use the
building located at 18 Brown Street as professional, non-professional, and
non-retail offices.
The proposed use would be in conformance with other uses in the
surrounding neighborhood, and would not depart from the intent of the
Zoning Ordinance or its prior use.
Thank you for your cooperation and assistance in this matter.
Sincerely,
C:�4�
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Leonard O'Leary
Councillor
Ward IV