16 HERSEY STREET - ZBA 16 HERSEY STREET (R-1)
DA_VID & MARIA GLAVIN__ _
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Legw Notice
CITY OF SALEM .• ,
BOARD OF APPEAL `
{ 745-9595 Ext.381 t
1+ Will hold a public hearing for all {`{l
persons interested in the petition sub
milted by DAVID & MARIA
GLAVIN requesting a Variance/Spe-
cial Permit to enlarge legal two 121
i family dwelling into a three(3)family
' dwelling for the property located at
16 HERSEY STREET(R-2).Said hear-
ing to be held WEDNESDAY, APRIL
16, 1997 AT 6:00 P.M.,ONE SALEM
GREEN.2nd Floor. F
Gary Barrett.Chairman
(4/2,4/9/97) _
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DECISION ON THE PETITION OF DAVID & MARIA GLAVIN REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 16 HERSEY STREET (R-2)
A hearing on this petition was held April 16, 1997 with the following
Board Members present: Gary Barrett Chairman, Nina Cohen, Joseph
Ywuc, Richard Dionne and Arthur 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 enlarge a legal two (2)
family dwelling into a three (3) family dwelling for the property
located at 16 Hersey Street (R-2) .
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 was represented by Attorney Muzio.
2. This property has been taxed as a three (3) family since 1986.
3. A number of abutters spoke in favor of the petition.
4. Councillor Kelley, Ward 5 spoke in opposition to the Special
Permit, sighting lack of parking and congestion in the
DECISION OF THE DAVID & MARIA GLAVIN REQUESTING A SPECIAL PERMIT FOR
THE PROPERTY LOCATED AT 16 HERSEY STREET (R-2)
page two
neighborhood. Three immediate abutters also spoke in opposition
citing lack of parking and congestion.
5. The petitioner requested to withdraw the Variance without
prejudice. Peition's motion to withdraw the Variance was granted
by the Board.
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 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 two (2) in favor, and
three (3) 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
April 16, 1997 1 .MGL "'� �C CSCM�
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 in
the South Essex Registry or Deeds and indexed under the name of t1�e
owner of record or is recorded and noted on the owner's Certific e A
of Title.
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