10 HARRIS STREET - ZBA Harris St.Li Jeanne
Linda Palucci, Jeanne Sweet
` Wm. Huber III (owners & P)
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DECISION ON THE PETITION OF JEANNE F. SWEET FOR A
SPECIAL PERMIT FOR 10 HARRIS ST. , SALEM
A hearing on this petition was held February 20, 1985 with the following Board
Members present: James Hacker, Chairman; Messrs., 'Charnas, Luzinski, Associate
o Members Bencal & LaBrecque. Notice of the hearing were sent to abutters and others
2: �, � and notices of the
L g were hearing properly published in the Salem Evening News in
s o z _ = y o accordance with Massachusetts General Laws Chapter 40A.
Petitioner requests a Special Permit to allow her to move three (3) back steps
= r ; tjo the east side of the property and to add a porch and living room, all as shown
bn zZ plan submitted to the Board. The premises is in an R-2 district and is owned
w r c 'by petitioner, Linda A. Paolucci and William H. Huber III.
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z o � , x 9he provision of the Salem Zoning Ordinance which is applicable to this request
- Tor a Special Permit is Section V B 10, which provides as follows:
w Notwithstanding anything to the contrary appearing in this
W L U L 1, � - G .'-
r E Ordinance, the Board of Appeal may, in accordance with the
m = W 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 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.
- Eh more general terms, this Board is, when reviewing Special Permit requests,
@aided by the rule that a Special Permit request may be granted upon a finding
_ )v the Board that the grant of the Special Permit will promote the public health,
aafety, convenience and welfare of the City's inhabitants.
?be Board of Appeal, after hearing the evidence PP , g presented at the hearing, makes
V-he following findings of fact:
1 . No opposition was presented to the plan;
2. The proposed change will not substantially affect the neighbors
in any way.
On the basis of the above findings of fact, and on the evidence presented at the
hearing,' the Board of Appeal concludes that the Special Permit requested may be
granted without substantial detriment to the public good and without nullifying or
substantially derogating from the intent and purpose of the Zoning Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously 5 - 0 to grant the
petitioner the requested Special Permit, provided that:
1 . Three (3) parking spaces be maintained on the premises at all time;
2. Any extra advertising costs caused by any errors in dvertising of this
petition be borne by petitioner �� ��4�� `J
cott E. Charnas, Secretary 1L�/
n nnnv i v muTQ nvcTCTnm HAS BEEN FILM WTTH PLANNING BOARD AND CITY �ERK
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