15-15 1/2 RIVER STREET - ZBA - - -
15-1-5z River St. R-2
Lorraine Gadala
-- Arthur & Joan Dacy
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DECISION ON THE PETITION OF LORRAINE GADALA FOR A
SPECIAL PERMIT AT 15 & 1512 RIVER ST. (R-2)
A hearing on this petition was held September 22, 1986 with the following Board) ,
Members present: James Hacker, Chairman; Richard Bencal, Secretary; Messrs. ,
Fleming, 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 Laws Chapter 40A.
Petitioner, owner of the property at 151 River Street is seeking a Special Permit
to allow the transfer of a strip of land from 15 River St. to 151 River St. 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 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 neighbborhood.
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 consideration of the evidence presented at the hearing,
and after viewing the plans, makes the following findings of fact:
1 . Support for the plan was voiced by neighbors, abutters and
others. Additional support in the form of a petition was
presented to the Board;
2. The proposed land transfer will alleviate problems between
petitioner and direct abutter.
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 transfer will not be substantially more
detrimental to the neighborhood;
2. The proposed transfer will promote the convenience and
welfare of the City's inhabitants.
DECISMN ON THE PETITION OF LORRAINE GADALA FOR A
SPECIAL PERMIT FOR 15 & 151; RIVER ST. , SALEM
page "two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Specie!
Permit requested, subject to the following condition:
7 . The transfer must be done as per the plans submitted.
chard A. Bencal, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK:
APPEPI FROM THIS DELI>1-!;, IF ANY, SHALL BE ':ICE PURSUANT T9 SECTION 17 OF TPE
GMERAL LAWS, CHAPTER SG.:. PI:D SHILL BE F:_ED lS'Tni?1 2G DAYS AFTER THE DATE OF FILi;,,
OF THIS CEUS;S': I; THE OFFICE OF THE CITY CLERK.
P.' A:1T TO "ASS. ^ :`_Fa LP:'S. CHAPTER E331, 11. Tyr CR F'�:'S' • _ .
HEF.E1:1. SP.,U A,7 TAKE E:TCi L".T;L A COP) C% TNc__-.. _ .. _: P-
F;GI.TL,;: OF THE MY CERR THAT 20 OA6 NA+" ELAFSED Ar;D I:.' A,?-IL H'.0 BEE, F),ED,
CR ihAT IF SJC AS APPEAL HAS SEEN FI!E. THAT IT P—" EM; CT ';SS°b OR 'E:;c' IS
REC3R,]E9 IN THE SOUTH ESSEY, REGISTRY CF DEEDS A!:D ITCDi-D L!: -R THE 1:AJ,E OF THE "
OF RECORD OR IS RECORDED AND NOTED ON THE 06NER'S CERTIFICATE OF TITLE.
KIM OF APPEAL
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We, the undersigned, abutters and nearby homeowners to that certain parcel of land
located at 15 & 15g River Street, Salem, wish to be recorded in favor of the
granting by the Salem Board of Appeals of the Special Permit sought by Lorraine J.
Gadala, which hearing is to be held on September 17, 1986. The reasons for the
petitioning of said Special Permit have been fully explained to us and we are of
the opinion that the granting of said Special Permit will in no way be detrimental
to the public good and will not derogate from the intent of the Zoning Ordinance.
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