40-42 WINTHROP STREET - ZBA (2) 40-42 Winthrop St. (R-2
- Anna Migliccio
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DECISION ON THE PETITION OF ARGIA MIGLIOCCIO FOR A
SPECIAL PERMIT FOR 40-42 WINTHROP ST. , SALEM
A hearing on this petition was held on February 20, 1985 with the following Board
Members present: James Hacker, Chairman; Messrs. , Charnas ,Luzinski, Associate
Members Bencal & LaBrecque. 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 is requesting a Special Permit to convert an existing three family
dwelling into a four family dwelling 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, ex-
tension or expansion of nonconforming lots, land, structures,
and uses, provided, however, that such change, extension,
enlargement or expansion shall not be substantially more detri-
mental than the existing nonconforming use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permits 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 considering the evidence presented at the hearing and
' after viewing plans of the property,makes the following findings of fact:
1 . There was no neighborhood opposition to the petitioner's plan;
2. There are other multi-family dwellings in the neighborhood.
On the basis of the above findings of fact and on the evidence presented at the
hearing, the Board of Appeal concudes as follows:
1 . .The proposed use will not be substantially more detrimental than
the existing use to the neighborhood;
2. The proposed use will not substantially derogate from the intent of
the district or purpose of the Ordinance.
DECISION ON THE PETITION OF ARGIA MIGLIOCCIO
FOR A SPECIAL PERMIT FOR 40-42 WINTHROP ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted 4 - 1 , Mr. Bencal voting to deny, to
grant the requested Special Permit to allow the premises to be converted from a
three family to a four family under the following terms and conditions:
1 . The premises remain owner occupied, if the property ceases to be owner
occupied it will revert to a three family;
2. Six (6) on site parking be maintained;
3. A Certificate of Occupancy be obtained.
SPECIAL PERMIT GRANTED /
aures B. Hacker,- Chairman' Jj� /
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
A^"PEAL FROG THIS DECISION, IF ANY, SHALL BE NADE PURSUANT TO SECTION 17 OF THE VA.SS.
EI E6,L LADS, CHAPTER 572. AND SHALL BE FILED MTHM 20 DAYS AFTER THE DATE OF Fi LIN3
C. THIS DECIS'O,Y lit THE OFFICE OF THE CITY CLERK.
- 3. CEN R' L.A.-S. CHAPTER, EOS S2,'IL'I 11, THE YARIA;C -"''IT
iEC ,!,_.A, SKILL f 1 EFFECT UNTIL A COPY OF iHELEC0 :' E°4 THE CERT.
-L '•1 OF CIT) EU 1 AT 20 DAYS HAVE ELA.P%ED AN) !!' APPEAL H S -:.E i. PLEO
OR THAT. IF SJ%I; AN APPEAL HAS 5H,', FILE, THAT IT iiia" BEEN DIS:".ISSED OR DEC E"• IS
REC(1R,-:Ep IN THE S J''-H ESSEX. RE ISTRY Of DZiOS AND INDEXED UNDER THE ;iX.IE OF THE C',,%-R
OF RECORD OR 1S RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
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BOARD OF APPEAL
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January 15, 1985
Mr. James Hacker, Chairman
Board of Appeal
One Salem Green
Salem, Ma. 01970
RE: Petition of Anna Miglioccio for a Special Permit and/or Variance to
convert existing three family dwelling into a four family dwelling at
40-42 Winthrop St. (R-2)
Dear Mr. Hacker:
The Planning Board wishes to be recorded as opposed to the
above—named petition.
The area in question is quite dense and parking is at a minimum.
Addition of another dwelling unit would only exacerbate an already
serious problem.
Thank you for taking the Board' s opinion into consideration. I�
Sincerely yours,
Walter B. Power, IIIA j
Chairman
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ROBERT J. CROWLEY 48 ?:afqette .Strert
A/Chief Stt1em, cffla. 61970 -
Date: January 14, 1985
City of Salem Re: 40-42 Winthrop Street
Board of Appeal Anna Miglioccio
One Salem Green Hearing date: 1/16/85
Salem, MA -01970
Sirs:
As a result of the notice received concerning the Board of Appeal hearing for
the above listed name and address, the Salem Fire Department requests the
following items to be placed on record:
The property located at #40-42 Winthrop Street is not currently in com-
pliance with the provisions of Chapter 148, Section 26C, of the Massachusetts
General Laws, relative to the installation of automatic smoke detectors.
Until such time as the appellant obtains such compliance, or arranges for
the installation of such required fire alarm system, the Salem Fire De-
partment will remain in opposition to the granting of a Special Permit
and/or Variance to convert an existing three family dwelling into a four
family dwelling at the above address.
Respectfully,
Robert W. Turner
Salem Fire Marshal
cc: Appellant
Building Inspector
File
Form #105
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