7 PICKMAN ROAD - ZBA 7 Pickman Road R-1
Ralph Lipsett
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DECISION ON THE PETITION OF RALPH LIPSETT FOR A SPECIAL
PERMIT FOR 7 PICKMAN RD. , SALEM
A hearing on this petition was held February 19, 986 with the following Board
Members present: Edward Luzinski, Acting Chairm�l}fi M4ss12.504005s, Strout and
Associate Member Dore and LaBrecque. Notice of the hearing was sent to abutters
and others and notices of the hearing were propefq Published in the Salem Evening
News in accordance with Massachusetts General Lae RaDter 40A.
Petitioner, owner of the premises, requests a Special Permit to redivide parcels
at numbers 5 and 7 Pickman Street, all as per plans submitted to the Board. The
property is in an R-1 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 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.
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, and
after viewing the plans, makes the following findings of fact:
1 . No opposition was presented to the plan;
2. The proposed redivision would have a negligable effect
on the neighborhood.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
1 . The proposed use of the premises will not be substantially more
detrimental to the public good than the existing use;
2. The proposed redivision of land will promote the health, safety and
welfare of the City's inhabitants.
DECISION ON THE PETITION OF RALPH LIPSETT FOR A
SPECIAL PERMIT FOR 7 PICKMAN ROAD, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Special Permit requested, provided that a Certificate of Compliance be obtained.
SPECIAL PERMIT GRANTED
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Scott E. Charnas, Secretary
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
GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF Filii7r,
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSANT TO MASS. CENERAI- LA: 3. CHAPTER 808. SECTION 11. THE VARIANCE OR SPECIAL PERVIT
b RANTED HEREIN, SHALL NOT TAKE. EFFECT UNTIL A COPY OF THEDEC!SION. BEAWNG THE CERT-
FICAnON OF 1H;. CITY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEE11 FLED,
OF, THAT, IF SUCH Ai: APPEAL HAS BEEN FILE, TH4T IT HAS BEEN DISMISSED OR DENIED IS
RECORDED IN THE SOUTH ESSER RESISTR'i OF DEEDS AND INDEXED UNDER, THE NAME OF THE
Of RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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