7 WHEATLAND STREET - ZBA 7 WHEATLAND ST.
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- - - WILFRED PETTIPAS
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Pourb of �Aptzal '82 MAR 17 A10 :49
A'JIIfIFB iP'�!
DECISION ON THE PETITION OF WILFRED PETTIPAS CITY CLERr'S OFFICE
FOR A SPECIAL PERMIT FOR 7 WHEATLAND STREET SALEM
A hearing on this Petition was held on March 10, 1982 with the following
Board Members present: Douglas Hopper, Chairman; Messrs. Piemonte, Hacker,
LaBrecque and Feeherry. 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.
The Petitioner has requested the right to construct an addition
to the first floor of the existing building at the site. The proposed construction
will, however, extend an existing non-conf6rming structure. The existing
structure encroaches in the minimum sideyard at the site; the proposed addition
will likewise be built to within 3' 6" of the side 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 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, the 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.
_ The Board, after considering the evidence at the hearing on this matter, makes
the following findings of fact:
1. The proposed addition will improve the appearance of the property in question.
2. The proposed addition will have a negligible impact upon the property
of abutters and other neighbors.
3. The proposed addition was unopposed by anyone.
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, and (iii) that the proposed use of the
property is in harmony with the Salem Zoning Ordinance. Accordingly, the Board
unanimously approves the granting of a Special Permit to the Petitioners.
RE(_,r14 . .
DECISION - March 10, 1982 - WILFRDD PETTIPAS '82 MAR 17 R10 :49
Page 2
CITY CLERK';; OFFICE
SALEM "as
The Special Permit is therefore granted in accordance with the following
terms and conditions:
1) The Petitioner is authorized to construct a 16' x 24' addition at the rear
of the first floor of the existing structure at the site.
2) The addition may encroach into the minimum sideyard to within 3' x 6" of
the property side line.
3) Plans shall he submitted to the Building Inspector prior to the commence-
ment of any work at the site.
4) The Petitioner shall comply with all applicable provisions of Mass. Gen.
Laws and the State Building Code with respect to smoke detectors and shall
submit plans for stamped approval by the Salem ire Marshal ,
nY M. Fe herr Y nthloL'
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APPEAL E . Tay ..:..:,r -,',L �. ..., ,_ - TO 17 OF 'HE "ASS.
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OF RKuRD OR IS R�CuRDED Ai:D f:;:T_J ON THE OWNER'S CERTihU.:E U Tii LE.
BOARD OF APPEAL
A COPY OF THIS DECISION AND PLANS HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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