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' OND17', CITY OF SALEM9 MASSACHUSETTS
�, BOARD OF APPEAL
§' 120 WASHINGTON STREET, 3RD FLOOR
a ; a SALEM, MASSACHUSETTS 01 970
TELEPHONE 978-745-9595
9M1NEOO FAX: 978-740-9846 -Zip .}u�i _2 -P 2 .� 2
KIMBERLEY DRISCOLL
MAYOR
F'LE ff
CITY CLFLVi, SAL-Eh.
June 2, 2010
Decision
City of Salem Zoning Board of Appeals
Petition of MICKEY L. BENSON requesting a Special Permit to convert an existing
historic carriage house to a single dwelling unit on the property located at 150
NORTH STREET (Residential Two-Family Zoning District).
A public hearing on the above Petition was opened on May 19, 2010 pursuant to Mass
General Law Ch. 40A, § 11. The hearing was closed on May 19, 2010 with the following
Zoning Board of Appeals members present: Robin Stein, Rebecca Curran, Richard
Dionne, Bonnie Belair(alternate), Annie Harris, and Jimmy Tsitsinos (alternate).
Petitioner seeks a Special Permit pursuant to Section 3.1.2 of the City of Salem Zoning
Ordinances.
Statements of fact:
1. Attorney Scott Grover represented the petitioner at the hearing.
2. The principal structure on the property at 150 North Street is a single-family
house.
3. In a petition dated April 28, 2010, petitioner requested a Special Permit to convert
a historic carriage house into one (1) dwelling unit.
4. At the hearing on May 19, 2010, Attorney Grover read two letters from neighbors
supporting the petition, Steve and Danigayle Harris of 148 North Street, and
Nancy and Robin Nadeau of 2 Orne Street.
5. At the hearing, Kathy O'Leary, 7 Riverbank Road, asked if the proposal would
add parking needs to the neighborhood and stated that parking on the street was
currently difficult. Board members responded that the number of spaces proposed
met the Zoning Ordinance requirements for off-street parking.
6. Also at the hearing, Attorney Grover presented a copy of the Assessor plate
showing surrounding properties and indicated their use as two-, three- and four-
family properties to demonstrate consistency of the proposal with the
neighborhood.
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The Board of Appeal, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the plans and petition submitted, makes the
following findings:
1. Desirable relief may be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent or
purpose of the zoning ordinance, since the project provides sufficient
parking and preserves a historic carriage house.
2. The applicant may vary the terms of the Residential Two-Family Zoning
District to convert the historic carriage house into one (1) residential
dwelling unit, which is consistent with the intent and purpose of the City
of Salem Zoning Ordinance.
3. In permitting such change, the Board of Appeals requires certain
appropriate conditions and safeguards as noted below.
On the basis of the above findings of fact and all evidence presented at the public hearing
including, but not limited to, the Plans, Documents and testimony, the Zoning Board of
Appeals concludes:
1. A Special Permit is granted to allow for the conversion of a historic
carriage house to one (1) dwelling unit.
In consideration of the above, the Salem Board of Appeals voted five (5) in favor(Stein,
Curran, Harris, Dionne and Belair in favor) and none (0) opposed, to grant petitioner's
requests for a Special Permit subject to the following terms, conditions, and
safeguards:
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
to and approved by the Building Commissioner.
3. All requirements of the Salem Fire Department relative to smoke and fire
safety shall be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any
construction.
5. Exterior finishes of the new construction shall be in harmony with the
existing structure.
6. A Certificate of Occupancy is to be obtained.
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7. Petitioner shall obtain street numbering from the City of Salem Assessor's
Office and shall display said number so as to be visible from the street.
8. Petitioner is to obtain approval from any City Board or Commission
having jurisdiction including, but not limited to the Planning Board.
Sti_.;,.. lb" -
Robin Stein, Chair
Salem Board of Appeals
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 the Massachusetts General Laws
Chapter 40A,and shall be filed within 20 days of filing of this decision in the office of the City Clerk.
Pursuant to the Massachusetts General Laws Chapter 40A, Section 11,the Variance or Special Permit
granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has
been filed with the Essex South Registry of Deeds.