19 GREEN STREET - ZBA 19 Green St. (R-2)
Peter Harriss
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DECISION ON THE PETITION OF PETER HARRISS FOR A
SPECIAL PERMIT FOR 19 GREEN ST., SALEM 99 � D
A hearing on this petition was held April 30, 1986 Mh1 he3idj poiW Board
Members present: James Hacker, Chairman; Messrs. , FP nas, Luzinski, Strout and
Associate Member Dore. Notice of the hearing was sen %o abutters and others,
and notices of the hearing were properly published &p., the ,Salem Evening Ncws in
accordance with Massachusetts General Laws Chapter 40A.
Petitioner, owner of the property is requesting a modification of a Special
Permit granted April 25, 1984 allowing premises to be used as a three family.
Previous Special Permit was conditioned upon premises being owned and occupied
by the petitioner. Petitioner now wants to sell the property which 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
k . 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
heairng, makes the following findings of fact:
1 . There was not neighborhood opposition.
On the basis of the above findings of fact, and on the evidence presented at
the hearing, the Board of Appeal concludes as follows:
1 . The proposed use will promote the public hearlth, safety, convenience
and welfare of the City's inhabitants;
2. The proposed use is in harmony with the City's Zoning Ordinance.
1
DECISION ON THE PETITION OF PETER HARRISS
FOR A SPECIAL PERMIT- FOR 19 GREEN ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, in favor of
granting the Special Permit requested to allow premises to be used as a three
family dwelling on the following terms and conditions:
1 . Two parking spaces shall be maintained at the site;
2. . The use of the property is conditioned upon its being owner
occupied. In the event the property ceases to be owner occupied
it shall revert back to. its prior use as a two family dwelling.
SPECIAL PERMIT GRANTED
Peter Strout, Member Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
FROM THIS DECISION. IF ANY, SHALL BE MADE PURSUANT TO SECTION II OF THE F.'ASS.
APPEAL
_ APPEAL_ S CtiR=TER. E:c. A'X ":F_L EE FILED "'MHIN IC DAYS AFTER THE DALE OF RLC:GGENERA' .
• OF THIS DMS:idi 1% THE Ci F::E OF THE CITY CLEF.h. - _ :r.
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RECcEDEO IN Tri: SCJ7H ESSEd EE�IS;i,I' CF DEEDS n';=: i..OF RECORD OR IS RECCRD`_D AGD NOTED OR THE 06NER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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