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DECISION ON THE PETITION OF RON MCELWAIN (PETITIONER) , JOHN
BEZZATI JR. (OWNER) FOR A SPECIAL PERMIT FOR 2 WAITE ST. •Z1T)
A hearing on this petition was held November 19, 1986 with the following Board
Members present: James Hacker, Chairman; Messrs. , Bencal, Fleming, Strout and
Associate Member Dore. 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 extend nonconforming side setbacks,
density and use to allow construction of a two story addition, first floor den
and second floor bedroom. Also construction of deck & stairs on the rear of said
addition. Property is a residential use and located in a B-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, en-
largement 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 Permit reauests,
guided by the rule that a Special Permit request may be granted upon a finding
by the Board -that the gran , -of the Special Permit will promote the public health, __II
safety, convenience and welfare of the city's inhabitants.
The Board of Appeal, after careful consideration of the evidence presented at the
hearing, and after viewing the plans, makes the following findings of fact:
1 . There was no opposition to the plan;
2. This would be an extension of a nonconforming use.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . The oroposed addition, deck and stairs will not be substantially
detrimental to the neighborhood and will not nullify or substantially
derogate from the intent of the district or the purpose of the
Ordinance;
2. The granting of the requested Special Permit will promote the
public health, safety, convenience and welfare of the city's
inhabitants.
DECISION ON THE PETITION OF RON MCE1-47AIN (PETITIONER) , JOHN
BEZZATI JR. (OW?:ER) FOR A SPECIAL FEDMIT FOR 2 WAITE ST. , SALEl
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Special Permit requested, subject to the following conditions:
1 . Addition, deck and stairs to be built in accordance with the
plans submitted to the Board;
2. A Building Permit is to be obtained prior to construction;
3. A Certificate of Occupancy must be obtained.
GRANTED
,James B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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DECISION ON THE PETITION OF RON MCELWAIN (PETITIONER) , JOHN
BEZZATI JR. (OWNER) FOR A SPECIAL PERMIT FOR 2 WAITE ST. �IiY' CL_ .
A hearing on this petition was held November 19, 1986 with the following Board
Members present: James Hacker, Chairman; Messrs. , Bencal, Fleming, Strout and
Associate Member Dore. 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 extend nonconforming side setbacks,
density and use to allow construction of a two story addition, first floor den
and second floor bedroom. Also construction of deck & stairs on the rear of said
addition. Property 'is a residential use and located in ate- 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, en-
largement 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 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 careful consideration of the evidence presented at the
hearing, and after viewing the plans, makes the following findings of fact:
1 . There was no opposition to the plan;
2. This would be an extension of a nonconforming use.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . The proposed addition, deck and stairs will not be substantially
detrimental to the neighborhood and will not nullify or substantially
derogate from the intent of the district or the purpose of the
Ordinance;
2. The granting of the requested Special Permit will promote the
public health, safety, convenience and welfare of the city's
inhabitants.
i
DECISION ON THE PETITION OF RON MCELWAIN (PETITIONER) , JOHN
- BEZZATI JR. (OWNER) FOR A SPECIAL PERMIT FOR 2 WAITE ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Special Permit requested, subject to the following conditions:
1 . Addition, deck and stairs to be built in accordance with the
clans submitted to the Board;
2. A Building Permit is to be obtained prior to construction;
3. A Certificate of Occupancy must be obtained.
GRANTED
James B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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WARD COUNCILLORS
GEORGEP McCASE 1986
COUNCILLORS-AT-LARGE PRESIDENT
1986 GEORGE A. NOWAK
JOSEPHINE R. FUSCO KEVIN R. HARVEY
ROB'ERT E. GAUTHIER CITY CLERK VINCENT J FURFARO
FRANCES J. GRACE LEONARD F. O•LEARY
NEIL.J. HARRINGTON �c JEAN-GUY J MARTINEAU
RICHARD E. SWINIUCH November 19, 1986 GEORGE P. MCCABE
JOHN R NUTTING
Board of Appeals
One Salem Green
Salem, Mass. 01970
Gentlemen:
Please be advised that I am in favor of granting the petition of
Ron McElwain requesting the construction of a two-story addition
and deck to the property at 2 Waite Street.
I have received no complaints on this petition.
Very truly yours,
4;�-4 P wa"4�7
KEVIN R. HARVEY
Ward 2 Councillor
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