19 WILLIAMS STREET - ZBA (2) 19 Williams R-2
Stephen M. Scaletti
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DECISION ON THE PETITION OF STEPHEN M. SCALETTI FOR A SPECIAL PERMIT
FOR 19 WILLIAMS STREET, SALEM, MASS.
A hearing on this petition was held on September 12, 1984 with the following
Board Members present: James Hacker, Chairman: Scott Charnas , Secretary;
Messrs. Robert Gauthier & Peter Strout and Associate Member Richard A.
Sencal . 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 40 A.
The Petitioner, owner of the premises, requests a Special Permit to build
a third dwelling unit in an existing two family dwelling. The property is
in an R-2 district.
The provision of the Salem Zoning Ordinance which is applicable to this
request for a Special Permit is Section V P 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 Vill F and IX D, grant Special Permit
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 chance, extensionk
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 viewing the plans, makes the following findings of fact:
1 . Some neighborhood opposition was presented at the hearing;
2. There is insufficient non-piggy back parking on the premises
,,.; ! for 3 dwelling units, which is a particular problem given
c the general lack of parking in the neighborhood.
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PETITION OF STEPHEN M. SCALETTI FOR A SPECIAL PERMIT
,FOR 19 WILLIAMS STREET, SALEM, MASS.
page two
On the basis of the above findings of fact and on the evidence presented
at the hearing, the Board concludes as follows:
1 . The proposed plan would be substantially detrimental to the
public good.
Therefore, by a vote to 5 - 0 the Board of Appeal voted to deny petitioner's
request for a Special Permit.
c
Scott E. Charnas , Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO EECTIO74 1-1 OF THE MASS.
GENERAL LAWS. CHAPTER 808, AND SHALL BE FILED WTHC1 20 DAYS AFTER THE DATE OF kLI;iG
OF THIS OECISMN IN THE OFFICE OF THE CITY CLERK.
PORSANT TO WASS. GENERAL LA:;S. CY,APTER 808, SECTI„1 11. THE VPZ':':CE Cr SP"t'I PE- 'IT
GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A CGP: LF THE uC''cl, BE,;,.:,;, ;H. r,,;T.
FICATION OF THE CITY CLERK THAT 20 DAYS HAVE ELAPS;O A.JD 10 A'r=A.L HAC S.:E I: F!'ED.
OR THAT. IF SUCH AN APPEAL HAS BEEN FILE, THAT IT H^S OEEN W 'ICSED rR C_N - is
RECORDED 114 THE SOUTH ESSEX REGISTRY OF DEEDS r, D IYDEi,ED U;n DER THE Ln..;E Li li;E 2,W"R
OF RECORD OR IS RECORDED AND NOTED ON THE CAVNER'S CERTIFICATE GF TITLE.
BOARD OF APPEAL '
I
Tifu of
111nnning Vanrb
September 10, 1984
TO: Board of Appeal
FROM: Planning Board
RE: Petition of Stephen M. Scalette for a Special Permit to build a third dwelling
unit in an existing two family home at 19 Williams Street.
The Planning Board has carefully reviewed the above-referenced petition and
wishes to be recorded as opposed to the petition. The area is already quite dense
and the addition of a third unit to the building would exacerbate this density.
Further, adequate on-site parking does not appear to be available. As a result, the
Board feels that the addition of a third unit would increase the existing on-street
parking problem.
Thank you for the opportunity to comment on this petition.
Sincerely yours,
CY�
Walter B. Power, III
Chairman