27 FAIRMOUNT STREET - ZBA 27 PAIRMODNT STREET
JOSEPH CONTRACDA { _ -
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CITY OR SALEM
BOARD OF APPEAL .
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public hearing for all
pelsogs�I teresled.in the-petition sub-.i,'
t, 11ttedab' I.. OSEPB CONTRADA',,
; rfipquesting a,SPecial;Pcrmlt,to;allow ',,'
`Nu re fopaii�ir the p opert nlo"ated:t 27
f:AIRMONT STREET '(R-2). 'Said
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harin- to be licld WEDNESDAY, ;
JUNE 17,4998'AT 6:30 P.M.; ONE
SALEM GREEN 2nd floor: ,
Nina Cohen,rChainnan
r';r(6/3,6/10/98)
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ofttlpm, ttssttt4luspff�
�RD2trh of gpeal JA30 301 ,
ellDECISION ON THE PETITION OF JOSEPH CONTRADA REQUESTING A SPECIAL ClD$n 5 04-
PERMIT FOR THE PROPERTY LOCATED AT 27 FAIRMONT STREET R-2
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A hearing on this petition was held June 17, 1998 with the following
Board Members present: Nina Cohen, Chairman, Richard Dionne, Paul
Valaskagis, Ronald Harrison and Michael Ward. 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.
Petitioner is requesting a Special Permit to allow expansion of a non
conforming structure for the property located at 27 Fairmont Street.
The provision of the Salem Zoning Ordinance which is applicable to
this request for a Special Permit is Section 5-3(j ) , 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 Sections 8-6 and 9-4, 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 petitioner Joseph Contrada, represented himself.
2. Mr . Contrada showed plans of the proposed expansion and explained
how he would like to be able to enlarge the rooms .
3. Councillor Sarah Hayes wrote a letter stating opposition from the
neighbors .
4 . A number of neighbors and abutters spoke in opposition to the
request, stating objections to density, restricted parking, and
esthetic design.
On the basis of the above findings of fact, and on the evidence
presented, the Board of Appeal concludes as follows:
DECISION OF THE PETITION OF JOSEPH CONTRADA REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 27 FAIRMONT STREET R2
page two
1. The Special Permit requested cannot be granted without
substantial detriment to the public good or without nullifying and
substantially derogating from the intent of the district or the
purpose of the ordinance.
2. The granting of the Special Permit requested will not be in
harmony with the neighborhood and will not promote the public health,
safety,convenience and welfare of the City's inhabitants.
Therefore, the Zoning Board of Appeal voted 1 in favor, and 4 in
opposition to the motion to grant the relief requested. Having
failed to garner the four affirmative votes required to pass, the
motion to grant fails and the petition for a Special Permit is
denied.
SPECIAL PERMIT DENIED /� ✓\�
June 17, 1998 �j/�GGCI ����a�t G• C`` J
Richard Dionne
Member, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section
17 of MGL Chapter 40A and shall be filed within 20 days after the
date of filing of this decision in the office of the City Clerk.
Pursuant to MGL Chapter 40A, Section 11 , the Variance or Special
Permit granted herein shall not take effect until a copy of the
decision, bearing the certification of the City Clerk that 20 days
have elapsed and no appeal has been filed, or that, if such appeal
has been filed, that it has been dismissed or denied is recorded Lrj.
the South Essex Registry or Deeds and indexed under the name OF- tt*
owner of record or is recorded and noted on the owner's Certili-Ea o
of Title.
Board of Appeal o; )
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Citp of *alem, A&5.5arbuatt.5
Office of the Citp Council
Citp gaff
COUNCILLORS-AT-LARGE LEONARD F.O'LEARY WARD COUNCILLORS
PRESIDENT
JOHN J.DONAHUE DEBORAH E. BURKINSHAW PETER L.PASKOWSKI
THOMAS H.FUREY CITY CLERK REGINA R.FLYNN
KEVIN R.HARVEY JOAN B.LOVELY
SCOTT J.MCLAUGHLIN LEONARD F.O'LEARY
WILLIAM A.KELLEY
June 17 , 1998 SARAH M.HAYES
MARK E.BLAIR
Board of Appeal
City of Salem
One Salem Green
Salem, MA 01970
Dear Members of the Board:
I am writing to express my opposition to the petition
of Joseph Contrada, requesting a special permit to allow
expansion of a non-conforming structure. The property is
located at 27 Fairmount Street.
I have inspected the locus and have spoken with most
of the abutters of the property, and they have expressed
their opposition to the project.
I therefore request .that the board deny the requested
relief.
Very truly yours,
4SH M. HAYES
COUNCILLOR WARD SIX