162 NORTH STREET - ZBA I 162 North St. R-2
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Robt. Gauthier, Pres.
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/ Granite Const. Co.
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(IT of Salem, Aassar4uutts
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Pnur3 of �Avyt i
DECISION ON THE PETITION OF ROBERT E. GAUTHIER�83 MAY 16
FOR A SPECIAL PERMIT FOR 162 NORTH STREET
CITY CLERK-3 QF-FirF
A hearing on this petition was held April 27, 1983 with Mgl-following Board
Members present: James Hacker, Chairman; Scott Charnas, Acting Secretary; Messrs.
Hopper, Luzinski, Bencal. Notice of this hearing was sent to abutters and others
and a notice of the hearing was published in the Salem Evening News in accordance
with Massachusetts General -Laws Chapter 40A.
The petitioner has requested a Special Permit to change the non-conforming use of
the premises to allow use of 'the' first floor for an office in this R-2 district. -
The" provision of the Salem Zoning. Ordinance which is applicable to petitioner's
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 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, nor
shall this paragraph apply to billboards, signs, or other
advertising devices.
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 a Special Permit will promote the health, safety, convenience and
welfare of. the City's inhabitants.
The Board of Appeal, after consideration of the evidence presented at the public
hearing and after viewing plans of the property makes the following findings of fact
1. No opposition was raised to petitioner's plan by neighbors;
2. The proposed use of the first floor is consistent with the use
of other lots in the area.
On the basis of the above findings of fact, and the evidence presented at the
public hearing, the Board of Appeal concludes as follows:
1. The proposed use of the property will not be substantially more
detrimental to the neighborhood than the existing use;
2. The proposed use of the property will promote the health, safety,
convenience and welfare of the City's inhabitants;
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DECISION ON PETITION OF ROBERT GAUTHIER
°( FOR SPECIAL PERMIT FOR 162 NORTH STREET
s 3. The proposed use of the property is in harmony with the Salem
Zoning Ordinance.
Therefore, the Board of Zoning Appeal voted unanimously in favor of approving the
grant of a Special Permit. The Special Permit is granted under the following
conditions:
1. Petitioner may use the first floor of the premises for-an office; .
2. Petitioner may not erect a sign larger than two (2) square feet on .
the property which sign is connected or related to the business carried
on in said office;
3. : Petitioner must obtain additional A.C. electric hardwired smoke .
detectors as protection for the mixed residential/business use
and occupancy.
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Scott E. Charnas, Acting Secretary
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At FROM THIS DECISION, iP ANY, SHALL BE
MADE PURSUANT TO SECTION 17 OF THE 6t4SS.F `7
GENERAL LAWS. CHAPTE' SCS, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILIN,-�
OF THIS DECISION IN THE OFFICE OF THE CITY CLERA.
FURSANT TO 41RSS. CE-Fi,.,L Lfi7S, CHAPTER 603, SECTION 11, THE VARIA C` Cr SPECIAL FERN10--� -^ -
GRANTED HEREIN. W11- iiaT TARE EFFECT UNTIL A COPY OF AP.i'S THS
FIC=:FIC.N OF TH`_ C1-fY CLERK THNI' 20 DAYS HAVE-ELAPSED NO APPE4L HAS E- I FILED.
C'> O
OR THAT, IF SUCH A3 APPEAL HAS BEEN FILE._THAT IT HAS BEEN. DIS'3ISS: OR OENiEO U WE W
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OiYM'tR
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE -
BOARD OF APPEAL -
A COPY OF THIS DECISION AND PLANS HAVE BEEN FILED WITH THE PLANNING BOARD AND
THE CITY CLERK.
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