23 GLENDALE STREET - ZBA (2) 23 GLENDALE STREET (R-1)
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DECISION ON THE PETITION OF FREDERICK ATKINS REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 23 GLENDALE STREET (R-1)
A hearing on this petition was held October 18,1995 with the
following Board Members present: Stephen Touchette, Chairman, Gary
Barrett, Nina Cohen, Albert Hill, Associate Member Albert LeBrecque.
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 extension of non
conforming use and a Special Permit for alterations of an existing
nonconforming structure for the property located at 23 Glendale
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. Petitioner seeks a Special Permit to allow extension of a
nonconforming wooden boat storage sheds to allow construction on
the same site of a new metal boat storage facility within the
footprint and elevation of the existing structures.
2. Petitioners seeks a Special Permit to allow extension of a
nonconforming use to include storage, warehousing and
distribution of marine related hardware products in a 30' x 70'
(2,100 s.f. ) section of the new boat storage facility.
DECISION OF THE PETITION OF FREDERICK ATKINS REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 23 GLENDALE STREET
page two
3. There was no opposition to the proposed special permit.
5, Peter North, and abutter on th.e western edge of the property,
spoke in support of the petitioner' s request.
On the basis of the above findings of fact, and on the evidence
presented, the Board of Appeal concludes as follows :
1 . The Special Permit requested can 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 promote the
public health, safety, convenience and welfare of the City's
inhabitants and may be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to
grant the Special Permit requested, subject to the following
conditions:
1 . Petitioner shall comply with all City and State statutes,
ordinances, codes and regulations.
2. All construction shall be done as per the plans and dimensions
submitted.
3. All requirements of the Salem Fire Department relative to smoke
and fire safety are to be strictly adhered to.
u. A Certificate of Inspection to be obtained.
5. Petitioner shall obtain a Building Permit prior to beginning any
construction.
SPECIAL PERMIT GRANTED
October 18, 1995
Nina Cohen
Member, Board of Appeal
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r=CiSTON OF THE PETI17;1.Y nF FREDERICK ATKINS REDUEST=\G A SPECIAL
PERMIT FOR THE PROPERTY =OCATED AT 23 GLENDALE STREET !R-1 )
page three
.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 in
the South Essex Registry or Deeds and indexed under the name of the
owner of record or is recorded and noted on the owner's Certificate
Lit Title.
Board of Appeal
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PREPARED BY
EASTERN LAND SURVEY ASSOCIATES, INC.
NO TES: CHRISTOPHER R. MELL 0, PLS
1. ZONING DISTRICT IS R- 1 °Mqs, 40 LOWELL ST. PEABODY MA. 01960 =
2. DEED REFERENCE. BOOK 6618 PAGE 82 �, "°` �gSy
3. ALL PROPOSED PARKING SPACES AREo °"RSRP"ER °. / (508) 531 -8121
9' X 18' `� "'E"° rjl �`j SCALE 1 " = 40' APRIL 26, 1993 T
4. TOTAL PROPOSED PARKING = 46 SPACES. ��"�sl 4"
su"� PREPARED FOR (A v iy
FREDERICK J . ATKINS TRUST
THIS PLAN IS BASED ON THE REFERENCED PLANS, DEEDS PHOTO REPRODUCTION OF THE ABOVE SEAL IS 0 20 40 80 120 160 1
AND THE RESULTS OF A FIELD SURVEY AS OF THIS DATE. INDICATIVE OF UNAUTHORIZED REPRODUCTION
NO CER77FICA77ON IS INTENDED AS TO PROPERTY TITLE OF THIS PLAN AND IS TO BE CONSIDERED A REVISED AUGUST 24, 1995 ,
COPYRIGHT INFRINGEMENT AND/OR FRAUD.
OR AS TO THE EXISTENCE OF UNWRITTEN OR UNRECORDED ENFORCEMENT AUTHORITY SHALL NOT ACCEPT —
EASEMENTS. PHOTO REPRODUCTION FOR ANY PURPOSE.
F 9766