9 PEARL STREET - ZBA i
9 Pearl St. R-2
Nobie Davis
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DECISION ON THE PETITION OF ZENOBIE DAVIS FOR A
SPECIAL PERMIT FOR 9 PEARL ST. , SALEM
A hearing on this petition was held ;emtLkritj n 1155 with the following Board
Members present: James Hacker, Chai man; Messrs. , Gauthier, Lczinski, Strout and
Associate Member Bencal, Acting Secrq:�i^y.. Notice of the hearing wa:. sent to
abutters and others and notices of the hearing were erly published in the
Salem Evening News in accordance wittDlftlG3cYiuei•`A ro ral Laws Chapter 40A.
Petitioner, owner of the property, is requesting a Special Permit to convert a
two family dwelling into a three 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 recenE.truction
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 grEnted 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 considerztion of the evidence presented at the
hearing, makes the following findings of fact:
1 . The Fire Dept. was opposed becai:sE of noncompliance with laws
relative to installation of smoke detectors;
2. Vigorous neighborhood opposition;
3. Premises. had bE•en used as an illegal three family for some time ;
4. Pearl Street is an extremely narrow and widely used street;
5. Aeded congestion.would only deteriote this precarious situation.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes es follows:
1 . The Special Permit requested in not in harmony with the neighborhood;
2. The relief requested cannot be granted without substantial detriment to
tt.e public good or without substantially derogating from the intent of
the district or the purpose of the Ordinance.
DECISION ON THE PETITION GF ZENOBIE DAVIS FOR A
SPECIAL PERMIT FOR 9 PEARL STREET, SALEM
page two
Therefore, the Zoning Board of Appeal voted four to e'ne• 4-1 against granting
the Special Permit requested. Mr. Gauthier voted in favor.
SPECIAL PERMIT DENIED
James B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BCARD AND THE. CITY CLERK
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BOARD OF APPEAL
LAW OFFICES OF
REGINALD L. MARDEN, P.C.
23 CENTRAL STREET
ANOOVER, MASSACHUSETTS 01610
REGMALO L. MARDEN (MASS. N.H. 6 ME.)G EDRGE A. RAND TEL. (SOB) a70-0477 V INCENT W. YOl1MAT2 (MASS. G N.H.) FAX (508) 475-46a4
OAVIO A. PAPPALARO❑
May 31, 1994
Salem Zoning Board
of Appeals
City of Salem
Salem, MA 01970
RE: 9 Pearl Street
Salem, MA
Dear Sir/Madam:
This office represents Linda Davis Deyo, the current owner
of the above-referenced property. On March 10 , 1994 I forwarded
correspondence to you (copy enclosed) requesting information
relative to an alleged decision made by the Board of Appeals ,
dated November° 12, 19185, which affects this property.
Specifically, we have been informed that this decision makes
this residence a "conditional" residence in that it must be
occupied by relatives of the owner.
I would appreciate it if you would either confirm or
refute that this decision exists, and if it does, I would
appreciate receiving a copy of same.
Very t urs,%''
. d L. Marden
RLM/hld
Enc .
cc: Linda Davis Deyo
--"--- - - - - - -- ------ ---
109
Rnland 7Maryrl. p4y . 108 107
/51 Conanf sf, - Edmund E .T�nf7le A. Koper A'. - - -
/7 C0r2-10
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99
AREA = 5-'zoo t .F
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Ca fer in4 $ Mciry C. Porce-llo
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or/ sf
PROPOSED PARk/NG
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PLOT . PLAN -OF' LAND .,
IN
to tit — SALEM ' . MASS.
PEARL - ST. . "
R Prepared for: .Zenobie .t. Davis '
a -- Scale :1 11=101 September 20,- 1985
EASTERN LAND SURVEY ASSOC.,IN.C.
Lot numbers are as shown on Assessors M"a'p 36. // l f ' CHRISTOPHER R. fJJELLO PLS
r ` , 40. LOWELL'ST. PEABODY, MASS.4J
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76012-