13 WALL STREET COURT - ZBA Wall St. Gt.
Gregory Vervotos
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_ DECISION ON THE PETITION OF GREGORY VERVATES
FOR A SPECIAL PERMIT FOR 13 WALL STREET
5�� 9 2 117 PM 'g?
A hearing on this Petition was held on September 2, 1982, with the following
Board Members present: Douglas Hopper, Chairman; Messr`!Y-.EHacker, Feeherry
and Associate Member Luzinski. Notice of the hearing was sent to abutters and
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others and notices of the hearing were published in theI alem: Evening
`Dewa:s in
accordance with Massachusetts General Laws Chapter 40A.
The Petitioner has requested a Special Permit to construct a 16' x 24'
addition to the property which addition will extend a non-conforming structure
at the site which encroaches to within 7 feet of the side (or front) lot line.
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 Appeals 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, after considering the evidence at the hearing on this matter, makes
the following findings of fact:
1. The proposed addition will have a negligible impact on the area.
2. The proposed addition will provide an off street parking space within
the garage to be constructed.
3. The proposed addition was unopposed by any neighbors.
On the basis of the above findings of fact and on the evidence presented at the
public hearing, the Board of Appeal finds (i) that the proposed use of the property
will not be substantially more detrimental than the existing use to the neighborhood,
(ii) that the proposed use of the property will promote the public health, safety,
convenience, and welfare of the City's inhabitants, and (iii) that the proposed
use of the property is in harmony with the Salem Zoning Ordinance. Accordingly,
the Board unanimously approved the granting of a Special Permit to the Petitioner.
DECISION ON THE PETITION OF GREGORY VERVATES
FOR A SPECIAL PERMIT FOR 13 WALL STREET
Page 2
September 2, 1982
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The Special Permit is therefore granted in accordance with the following
terms and conditions. rr ��11 ll��
1. Petitioner may construct a 16' x 24' addition to the AiffstingZstr4,vCGu1&
in accordance with the plans submitted to the Board. The addition may
be constructed to within 7 feet of theWall Street prop line.
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2. The exterior of the addition shall be wood shingle and shall match 'as' k�Lpsely
as possible the exterior of the existing structure.
3. A Certificate of Occupancy and Use must be obtained prior to using the proposed
addition.
''Anthony M. F44 ty, Seer¢tary
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APPEAL FP C': THIS SHAI I_ F' r<p,C_ P: ;"^:"!T TO SECTIOU 17 OF THE MASS.
G ff:c?:L 1. _•.:. U':,7 ;;,3 ..:?? Siidi L ;_ ...::a '. . DAYS ARTR THE DATE OF HUNG
PC?r: . . _, - `.`iE 4t •..CE ^.2 Fr!A! PER'::IT
Ci TH_ G::3:R
- OF RFGvRD OR iS i•i13 C, TITL:.
BOARD OF APPEAL
A.PY OF THIS DECISION AND PLANS HAVE BEEN FILED WITH THE CITY CLERK AND PLANNING BOARD