56 SALEM STREET - ZBA 56 Salem St. R-3
J. Alan and Mary K.
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DECISION ON THE PETITION OF J. ALAN AND MARY HEZEKIAH FOR A
SPECIAL PERMIT AND VARIANCE FOR 56 SALEM ST. , (R-3)
A hearing on this petition was held on March 19, 1986 with the following Board
Members present: James Hacker, Chairman; MessAlg, ten3a]M Ha s, Luzinski and
Strout. Notice of the hearing was sent to abutters and others and notices of the
hearing were properly published in the Salem EfOAifig News in accordance with
Massachusetts General Laws Chapter 40A.
CITYCLI`J xki.EM,MASS
Petitioners are requesting a Special Permit from density to allow a third apartment
and a Variance from minimum parking requirements.
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 Variance which has been requested may be granted upon a finding of the Board
that:
a. special conditions and circumstances exist which especially affect
the land, building or structure involved and which are not generally
affecting other lands, buildings and structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would in-
volve 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 consideration of the evidence presented at the public
hearing, makes the following findings of fact:
1 . No opposition was raised by neighbors;
2. The building has been used as a three family for many years;
3. No area, designated for parking, would be taken away.
r--
,
} DECISION ON THE PETITION OF J. ALAN & MARY HEZEKIAH FOR A
SPECIAL PERMIT & VARIANCE FOR 56 SALEM ST. , SALEM
page two
Therefore, the, Zoning Board of Appeal voted unanimously, 5-0 to grant the
Special Permit and Variance requested, subject to the following conditions:
1 . Three parking spaces must be maintained on the premises;
2. A Certificate of Occupancy must be obtained;
3. All Fire Department regulations relative, but not limited to smoke
and fire detectors must be met.
GRANTED
7?ichard A. Bencal, Member Board of Appeal
I
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
CENERAL I-MYS, CHAPTEP SOS, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE 0; FIL:!
GF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
• PUr S4:;T TO I.ASS. GEL'ERAL WVS. CH-°TER £0?. SECTION 11, THE V4 '!CE OR $KECIAL PEF"iT
C RnnTED HEREii:. $HALL NOT THE EFFECT UNTIL A COPY OF THEDEC:F'—; D6:a iR5 THE CS,T
PIC=T':% OF THE C17i CLEP.K 1HAT 20 CA'iS HAVE ELAPSE) 4ND ND 77PEAL HAS CEEN
-CR 1H4T. iF S'CH A% APPEAL HAS SEE:. ME. THAT IT HAS LEE;t DIS'•'STED OS 0:iN , 'S
RECORDED IN THE SOUTH ESSEX REXTRY OF LEEDS AND INDEEED UL iES 1HE OF THE I,"
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE,
'> r BOARD OF APPEAL
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MORTGAGE INSPECTION PLAN
BUYER : LOCATED IN
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TO TXE JClI TI � �sd./r4�B(j A/K - -- AND ITS TITLE INSURERS
L HEREBY CERTIFY THAT I HAVE EXAMINED THE ►ITEMISES AND ALL EASEMENTS,
ENCROACHMENTS AND BUILDINGS ARE LOCATED ON THE GROUND AS SHOWN.
I FURTHER CERTIFY THAT THE BUILDING SHOWN DO( )CONFORM TO THE
ZONING LAWS AND AMENDMENTS, La. (FRONT,SIDE B REAR YARD SET BACK ONLY)of.SA494 _
WHEN CONSTRUCTED. I FURTHER CERTIFY THAT THIS PROPERTY IS
LOCATED IN THE ESTABLISHED FLOOD HAZARD AREA. DEED
NOTE THIS CERTIFICATION IS BASED ON THE LOCATION OF SURVEY MARKERS OF OTHERS, AND ���
DOES NOT REPRESENT A PROPERTY SURVEY. BOOK
EXAMINATION OF THE RECORDS IS MADE ONLY SUBSEQUENT TO THE RECOADEO DATE OF THE PAGE _LL2- _
LATEST DEED AND DOES NOT INCLUDE VERIFYING THE ACCURACY OF THE DEED DESCRIPTION
PREVIOUS TO ITS DATE OF RECORD. PLAN A L
THIS COMPANY IS NOT RESPONSIBLE FOR ANY INDENTURES MADE SUBSEQUENT TO THE NO - 537_G/' L9T7
RECORDED DATE OF THE LATEST DEED OF RECORD. p T
WHENEVER BUILDINGS ARE SHOWN LESS THAN ONE FOOT FROM THE PROPERTY LINE IT IS BOOK
ADVISED THAT A MORE PRECISE SURVEY BE MADE TO VERIFY THESE MESUREMENTS. PAGE �—
THIS CERTIFICATION TO BE USE ,,TFORLUOIj:TGAGE PURPOSES ONE �C�ER�T. NO.
,1985
Rg4FORD ENGINEERING CO. SCALE: I" Q0'
14
Li z klklr3 W. N: P.O. BOX 1244
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James W. BO � U::IUL'KAS V
UGIOUKAS ILLS #'a 79
E20 Overkill, Most Din,.w T y, TEL. 373 E396
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