11 OLIVER STREET - ZBA 11 Oliver St. R-2
Richard Clemens
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DECISION ON THE PETITION OF RICHARD CLEMENS FOR A SPECIAL PERMIT FOR �.
11 OLIVER STREET, SALEM, MASS.
A hearing on this petition was held on September 19, 1984 with the following
Board Members present: Scott Charnas, Secretary; Messrs Robert Gauthier and
Edward Luzinski, Associate Members, Richard Bencal and Arthur Labrecque.
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 40 A.
The Petitioner, owner ofthe premises, requests a Special Permit to allow him
to build a third dwelling unit in an existing two family dwelling in this R-2
district.
The provision of the Salem Zoning Ordinance which is 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 Permit
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 hearing the evidence presented at the hearing, makes
the following findings of fact:
1. No opposition was presented to the plan;
2. There are sufficient on-premises, non-piggyback parking spaces to allow
the addition of a third dwelling unit without negatively impacting
upon the neighborhood.
On the basis of the above findings of fact and on the evidence presented at the
hearing, the Board concludes as follows:
1. . The relief requested does not create a substantial detriment to the
public good, nor does it substantially derogate from or nullify the
intent or purpose of the ordinance.
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DECISION ON THE PETITION OF RICHARD CLEMENS FOR A SPECIAL PERMIT FOR
11 OLIVER STREET, SALEM, MASS.
page two
Therefore, the Board of Zoning Appeal voted 5 - 0 to grant the relief requested, provide(
that:
1. A certificate of occupancy be obtained;
2. 5 non-piggyback spaces at a minimum must be maintained on the premises.
Scott E. Charnas, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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APPEAL FROM THIS DECISION, IF ANY. SHALL EE MADE PI:RSUANT TO SECTi OF! 17 OF THE PASS.
GENERAL LAWS. CHAPTER 808, AND SHALL BE FILED VI'TI:!N 20 DAYS AFTER THE DATE OF Fl LlNa
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSANT TO N(ASS. GENERAL U.1"S, CHAPTER 833, SECTION 11, THE VARI'',i'CE OR OOPCIA' PFF !iT
GRANTED HEREIN,. SHALL NOT T,..'!CE EFFECT UNTIL A COP) OF THS :E:'ISI!,N LFl.S;; WE - ---T-
FICATION OF THE CITY CLERK THAT 20 DA:'S H-7E ELAPS D t:O P A' P S F1 .0. .
OR THAT, IF SUCH AN APPEAL HAS BEEN FILE. THAT IT HsS BEE!: CIS:.ISSED OR v N!1_1 is
RECORDED IN THE SOUTH ESSEX REGISTRY OF CiCJG AND L`:D`.%'."cD UT<7:R THE i:A:r;E Jr TnL
OF RECORD OR IS RECORDED AND NOTED ON TdE OV;:IER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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FLOOR PLAN
11 OLIVER STREET
FIRST FLOOR
8/6/84
APPROX. SQUARE FOO'T'AGE = 815
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FLOOR PLAN
11 OLIVER S'1'REE'1'
THIRD FLOOR
8/6/84
APPROX. SQUARE F00'TAGE = 730
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FLOOR PLAN
11 OLIVER STREET
SECOND FLOOR
8/6/84
APPROX. SQUARE FOOTAGE = 815
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FLOOR PLAN
13 OLIVER STREET
FIRST FLOOR
8/6/84
APPROX. SQUARE FOOTAGE = 410
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FLOOR PLAN
14- 13 OLIVER STREET
SECOND FLOOR
s Gri 8/6/84
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APPROX. SQUARE FOOTAGE = 420
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