1 PLEASANT STREET 117 BRIDGE STREET - ZBA 1 Pleasant St.
- /k/a 117 Bridge St. -- - - - - --
/ — James David Humet (P) /
Cappuccio cio (owners)
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I Pleasant St.
a/k/a 117 Bridge St.
James Joly/David Humet (P)
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DECISION ON THE PETITION OF DAVID HURLEY & . AMES ;JOLY -(PE TIONERS)
JOHN & BERTHA CAPPUCCIO (OWNERS) FOR A SPECIAL PERMIT FOR
1 PLEASANT ST'. a/k/a 117 BRIDGE ST.
A hearing on this petition was held February 15, 1984 with the following Board
Members present: James Hacker, Chairman; Messrs. , Charnas, 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 Chapter 40A.
Petitioners request a Special Permit to allow the premises to be used as a.
real estate sales office 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, extension or expansion of noncon-
forming lots, land, structures, and uses, provided, how-
ever, 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.
After hearing the evidence presented at the hearing, the Board of Appeal makes
the following findings for fact:
1 . The proposed use of the premises is ^ore beneficial to the
community than the current use, a liquor store.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Board of Appeal concludes as follows:
1 . The proposed use of the property will not be substantially
more detrimental to the neighborhood than the existing use;
2. The relief requested is in harmony with the purpose and intent
ofs the Zoning Ordinance.
DECISION ON PETITION OF DAVID HURLEY & JAMES JOLY FOR
r A SPECIAL PERMIT FOR 1 PLEASANT ST. a/k/a 117 BRIDGE ST_
page two
Therefore, the Zoning Board of Appeal voted unanimously in favor of granting
the Special Permit requested, provided that no additional fences be erected
on the premises.
SPECIAL PERMIT GRANTED
Scott E. Charnas, Acting Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE
CITY CLERK
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APPEAL FRG'A THIS DELISIDH. I; V!Y. SHALL BE MADE PURSUANT TO SECTIC,P! 17 OF THE VASS.
CENCR4L Lf,:YS. CHAPTER SDS, AND SHAD BE FILED VjITHCI 2D DAYS AFTER THE DATE OF F..
OF .I,1S D- UIN IN THE OFFICE OF THE Cli CLERK.
PU.,. ..T .. i.:FSS. GENER?L LAM. CHAPTER 808, SECnOR It. THE !""niA`.i':E ^p SP_G'L
^R1'.: -Eb hE."Ul, SHALL NV. TrVE EFFECT U:1T!L A COPY OF TII'c'UECISCr:. D[s i::S 1:-E
Fi' '_i: !?F THE CITY CLERK THAT ZD DAYS HAVE E'-USED A..?9 F:] APPEAL HAS cH
CR Nii:T, !F S':C5 A.'T UP,-AL HAS BC.E\ FILE, THAT IT H'S 5EUI CiSnpi$ED OR 5=. =9 !S
l:LL;:iGED 4 THE SJUfH ESSEX PUISTRY CF DEEDS AND INSEZED U:::E FiE !;A'dE OF Ti?E .Z".?'ER
OF RECORD OR IS RECORDED AND NOTED Or, THE OWNER'S CERTiFICA:E DF TITLE. -
BOARD OF APPEAL
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