10 CHESTNUT STREET - ZBA (2) 10 CHESTNUT STREET (R-2)
ALAN HOWE
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Tit" of �ttivm, ?fflassadlusetts
Board of _Au{zettl afP
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DECISION ON THE PETITION OF ALAN T. HOWE FOR A SPECIAL PERMIT "
AT 10 CHESTNUT ST. (R-2)
A hearing on this petition was held August 21 , 1991 with the following Board Members
present: Richard Bencal, Chairman: Joseph Correnti, Richard Febonio, Edward Luzinsk]
Mary Jane Stirgwolt. Notice of the hearing was sent to abutters and others and
notices of the hearing were properly published in the Salem Evening News in accord-
ance with Massachusetts General Laws Chapter 40A.
Petitioner, owner of the property, is requesting a Special Permit to return the
premises to its two family use. The 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, extension or expanstion
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 Special Permit request may be granted upon a finding
of. 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 premises is located in an Residential Two family district (R-2)
2. The premises was used as a two family home from 1971 through 1989•
3. No physical alterations are required as the rental unit remains intact
from its last use in 1989•
4. Adquate on site parking is available for both units of the two family.
5. That this property is located in the McIntire Historic District and
numerous correspondence was read into the record regarding this property
from the Salem Historic Commission.
6. All abutters of the premises were notified by mail of this petition
before the Board.
7. That one neighbor spoke in favor of the petition and three abutters were
opposed.
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DECISION ON THE PETITION OF ALAN T. HOWE FOR A SPECIAL PERMIT :'T
10 CHESTNUT STREET, SALEM
page two
On the basis of the above findings of fact, and on the evi(&Pce!,prese.Rted at the
hearing, the Board of Appeal concludes as follows: J t' i „ '�j
1 . The proposed changes will not be substantiaily more detrimental to the'
neighborhood than the existing nonconforming use and can be granted 'in
harmony with the Zoning Ordinance and without derogating from its intent
or the public good.
Therefore, the Zoning Board of Appeal vote 4-1 to allow the Special Permit
requested, with Mr. Bencal opposed, subject to the following conditions:
1 . That petitioner comply with all City and State statutes, ordinances,
codes and regulations.
2. A Certificate of Occupancy be obtained for the second unit.
3. That adquate, legal parking be maintained for the residents of the premises.
4 . All requirements of the Salem Fire Department relative to smoke and
fire safety be strictly adhered to.
5. That any and all Certificates of Appropriateness of the Salem Historic
Commission relative to 10 Chestnut St. be complied with.
Special Permit Granted
August 21 , 1991
Joseph C. Correnti, Secretary
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal from th;s decision, if any, shall be made pursuant to Section 17 OT
f:"afs. ^crier;! L:: +. Chop:or t:03, and eha!I be filed within Zo days
.;i.•_: fl:e d_:a cr -.• c, ^ deu ,n n :he offix of th_ City Gatk.
,.nr.rg: C...r,)oi S02, Secton 11, the Variance
o ._ ._.:. . .. , :.at '..-:ka effe-t until a ccpy at the
t c Cay C!eik that 20 days ha
e,ap:,ed ar ar that, if such appeal has been
filed, th_t a h^L 1c•• r. ..: -mcd is recorded in the South Essex
Registry of Deed:: and i.r_a >i un er thn name or the owner of record or
Is recorded and nosed rn the owner's Certificate of Title.
BOARD OF APPEAL,