259-261 WASHINGTON STREET - ZBA 259-261 Washington St. R-3 '
Stephen Ingemi, et al
Becket St. Realty Trust
1
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of
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Feb. 6
'84 K-37 3 :17
DECISION ON THE PETITION OF STEPHEN INGEMI, TRQSTZE OF
BECKET STREET REALTY TRUST FOR A SPECIAL PERMI£110; OFFICE
255-259 WASHINGTON STREET, SALEM
A hearing on this petition was held January 25, 1984 with the 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 Chanter 40A.
Petitioner and owner Stephen Ingemi, as he is Trustee of the Becket Street
Realty Trust, requests a Special Permit to allow him to divide the property at
255-259 Washington Street despite the fact that the division would otherwise
violate minimum lot size, density, setbacks, height and parking requirements as
more fully described in the petition and in a plan filed with the Board.
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 IZ D, grant Special Permits
for alterations and reconstruction of nonconform'
structures,a nd for changes, enlargement, extension or
expansion of nonconforming lots, land, structu_^es,
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 and after
viewing the plans, makes the following findings of face:
1 . No opposition was presented to petitioner's plan;
2. No alteration or construction of any structure is
contemplated by petitioner;
3. The neighborhood's health, safety, and convenience
will not be affected by this plan.
On the basis of the above findings of fact and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
I
DECISIOV ON THE PETITION OF STEPHEN ""EMI, TR.
BECFET STREET REALTY TRUST FOR A SPECIAL PERMIT
FOR 255-299 WASHINGTON ST.
page two
Feb. 6
84 -�F,;- 3nL P 3 :17
1 • Petitioner's plzn will not b;
public good be substantially detrimental to he
CITY - ;.CE
2. The requested relief does not substantially derogatSALe the intent and purpose of the Ordinance. gate from or nullify
Therefore, the Zoning Board of Weal voted unanimously the Special Permit requested as set out i a
Plan submitted to the Board. n schedule A to grant the net of the petition and in
Scott E. Charms, ActinU Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNIaG BOARD AND THF, CITY CLE9t
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BOWMAN "
E•SSEX SURVEY SEA? VICE, INC. No IBM
47 FEDERAL 5TRfEET, SALEM tgNo s S�`o�
10438