63 PROCTOR STREET - ZBA 63 Proctor St.- R-2
Robert Maguire
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DECISION ON THE PETITION OF ROBERT MAGUIRE FOR A SPECIAL
PERMIT AND/OR VARIANCE FOR 63 PROCTOR ST. , SALEM
A Public Hearing on this petition was held August 14, 1985 with the following
Board Members present: James Hacker, Chairman; Messrs. , Charnas, Gauthier,
Luzinski and Strout. 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 Law Chapter 40A.
Petitioner is requesting a Special Permit and/or a Variance to construct six (6)
townhouse units in this R-2 district. Property owned by O.F. Goldsmith Leather Co.
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
Secion 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 VartAmce w4h has been been requested may be granted upon a finding of the
Board t ,fat: ff
a. acspeciat- conditions and circumstances exist which especially affect
'the laid, building or structure involved and which are not generally
Naffectj.�Dg other lands, buildings and structures in the same district;
b. 73it"ralYenforcement of the provision of the Zoning Ordinance would in-
Qol� substantial hardship, financial or otherwise, to petitioner; and
c. desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented at the
hearing, makes the following findings of fact:
1 . There was neighborhood opposition;
2. The general area has a history of drainage problems;
3. Plans were not submitted complete.
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DECISION ON THE PETITION OF AOBERT MAGUIRE FOR A
SPECIAL PERMIT AND/OR VARIANCE FOR 63 PROCTOR ST. , SALEM
Page two
On the basis of the above findings of fact, and on the evidence presented
at the
hearing, the Board of Appeal concludes as follows:
� • Desired relief cannot be granted without substantial detriment
Public good or without substantially derogating
Purpose of the Zoningg from the intent to the
Ordinance;
or
Z• Literal enforcement of the Zoning Ordinance would not involve
substantial hardship to the petitioner.
Therefore, the Zoning Board of Appeal by a vote of 5-0 denied the
the relief requested.
the
DENIED
s
�yB. H k� l
�ames B. Hacker, Chai Gn�J
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 MASS.
GENERAL LAWS. CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSANT TO MASS. GENERAL LAWS. CHAPTER 808. SECTION 11. THE VARIANCE OR SPECIAL PERMIT.
GRANTED HEREIN, SHALL BC-T TAKE EFFECT UNTIL A CCPY OF THE DECISION, BEARING THE CERT-
FICATION Or' THE CITY CLERK THAT 2G DAYS HAVE ELAPSED ASJ ND APPEAL HAS BEEN FILED,
OR THAT, IF SU::H Ali APPEAL HAS BEEFI FILE. THAT 1T HAS BEEN DIS':1SSE^ OR DENIED IS
RECORDED IN THE SG0H ESSEX RESISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE DF TITLE.
BOARD OF APPEAL
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` A PLANNED NEIBORHOOD DEVELOPMENT
DEVELOPER LAND PLANNER
ROBERT M. MAGUIRE EASTERN LAND SURVEY ASSOC.JNC.
81 FORT AVENUE _} CHRISTOPHER R.MELLO P.L.S.
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