2 OBER STREET - ZBA 2 OBER ST, R-1
Roger A. Rogers
S.P. granted - 10120/82
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01itu of Mem, asette nutty
82 OCT 22 Al :21Pottrb of �ppeaf
CITY ?S QNaa �,PE PETITION OF ROGER A. ROGERS FOR A
SKjCIAL,;PARMIT FOR 2 OBER STREET
A hearing on this Petition was held on October 20, 1982 with the following Board
Members present: James Hacker, Chairman; Messrs. Piemonte, Hopper, and Feeherry.
Notice of the 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 extend a non-conforming structure
at the site so as to allow construction of a 13-1/2' by 16' addition at the rear
of the property. The existing structure is non-conforming by virtue of the fact
that it encroaches into the minimum rear yard set back. The proposed addition
will extend this nonconformity. The provision of the Salem Zoning Ordinance which we
deem to be 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 nonconforming structures, and for
changes, enlargement, extension or expansion of nonconforming
lots, land structures and uses provided that such change. . .shall not be
substantially more detrimental than the existing non-conforming use to
the neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests, guided
by the rule that a Special Permit may be granted upon a finding by the Board that
the grant of the Special Permit will promote the publid health, safety, convenience
and welfare.
The Board after considering the evidence at the hearing on this matter, makes the
following findings of fact:
1. The Petitioners proposed addition at the site will have a beneficial
impact on the site. t
2. The proposed addition was unopposed by the neighbors.
On the basis of the above findings of fact, and on the evidence presented at the public
hearing, the Board of Appeal finds (i) that the proposed use of the property will not
be substantially more detrimental than the existing use to the neighborhood, (ii) that
the proposed use of the property will promote the public health, safety, convenience,
and welfare and (iii) that the proposed use of the property is in harmony with the
Salem Zoning Ordinance. Accordingly, the Board unanimously approved the granting of
a Special Permit to the Petitioner.
The Special Permit is therefore granted in accordance with the following terms and
conditions:
r
I
DECISION ON THE PETITION OF 82 OCj�2 ROGER A. ROGERS
FOR A SPECIAL PERMIT FOR
2 OBER STREET
October 20, 1982 /FF/JF
Page 2
1) Petitioner shall have the right to construct a 13-1/2' x 16-1/2'addition
to the existing structure at the site.
2) Petitioner shall submit detailed plans to the Building Inspector in connection
with his request for a Building Permit.
3) Petitioner shall obtain a Certificate of Use & Occupancy before using the
proposed addition.
Anth�y M. Feeherry Secreta y
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BOARD OF APPEAL
A COPY OF THIS DECISION AND PLANS HAVE BEEN FILED WITH THE PLANNING BOARD AND CITY CLERK