47 SUMMER STREET - ZBA (3) 47 Summer St. R-2
Margaret A. Marchand
c�
f Ctu of �x1em, �z�sttc usPtts
:A,
DECISION ON THE PETITION OF MARGARET MARCHAND FOR A •a� �`v lg
SPECIAL PERMIT FOR 47 SUMMER STREET, SALEM CITY
A hearing on this petition was held on November 30, 1983 with `iie-following Board
Members present: James Hacker, Chairman; Messrs., Charnas, Hopper, Luzinski, and
Associate Member Bencal. 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 seeks a Special Permit to allow her to use two rooms on the first
floor of the premises as a decorating and craft store 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
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, makes
the following findings of fact:
1 . No opposition to petitioner's plan was presented by neighbors;
2. The use of the premises as contemplated will be limited in
scope so as not to be out of character with 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 relief requested will not be substantially more detrimental than
the existing nonconforming use to the neighborhood;
2. The relief requested is in harmony with the purpose and intent of the
Zoning Ordinance and will not be substantially detricientai to the
public good.
' PETITION OF MARGARET MARCHAND FOR
A SPECIAL PERMIT FOR 47 SUI'NER STREET
Therefore the Zoning Board of Appeal voted unanimously to grant the relief request
provided that:
1 . The premises shall continue to be used as a one family dwelling for
so long as the first floor is used for a business purpose;
2. The size of any class taught on the premises not exceed five persons;
3. The number of persons employed to work on the premises does not
exceed one person.
Q L'
a
oo Scott E. Charnas, Acting Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
A"PE'._ M0,M ifi:S OECISIM, I.- tNY. SHALL RE PJ;^. ,._ =.NT TO SECMO[! 17 _.-
e CH:PRR CuB. Ai'u JP.ALL BE n' CJ LO D,=.ia An[? THE C?.c u'; -.t...t -
i.F .'1,S C-L:;i j% IN THE OFFICE OF THE C;U eLE K.
P•_:.: ti 61 .. GENFRAL LAWS. CHAPTER 638, =.f:O. l:.
)H4LL i:iN Fdi;E E-K(T WJ!L A W?`! GF TP.E ; ..._. . .._ .. :. .._
"I i:E .1 ) CLERn THAT 20 DAYS HAVE ELrFSEO .0 L X -
Cf 1F. ...'Ili AN APPEAL HAS BEEN FILE. THAT IT HAS ZEES D:S*-'iSS-D [k
hE`.C2P'3 IN THE SJGMB ESSEX REGISTRY OF DEEDS AND I:DE".ED U'iOcC THE _ U;
- OF REWRO OP, IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE_ - -
- BOARD OF APPEAL
�Ja hilts marl
RECEIVEPur 3ulrm (Srprn
CITY OR SALEPI, HASS.
TO: BOARD OF APPEAL
FROM: PLANNING BOARD
DATE: November 22, 1983
RE: Upcoming Board of Appeal meeting
The Planning Board has carefully reviewed this request and would urge the
Board of Appeal consider the following points in making its decision.
The Planning Board opposes the petition of Margaret Marchand for a Special Permit
to allow two rooms on the first floor as a decorating and craft shop on the
basis that the proposal is a commercial use in a residential area. Further, proposed
use could exacerbate parking problems in the area.
Sincerely yours,
Walter B. Power, III h/
Chairman b
dey