29 BARSTOW STREET - ZBA 29 Barstow St. R-2
William & Lucy Coleman
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DECISION ON THE PETITIONOF. WILLIAM AND LUCY COLEMAN FOR A cqy
SPECIAL PERMIT FOR 29 BARSTOW STREET
A hearing on this petition was held August 27, 1986 with the following Board Members
present: James Hacker, Chairman; Messrs. , Bencal, Fleming, Luzinski and Strout.
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, owners of the property, are requesting a Special Permit to extend
nonconforming side setback to allow for the construction of a two story addition
in the rear of the premises at 29 Barstow St7et, said building being located in
an r-2 district.
The provision c, 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 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, 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 Baord that the grant of the Special Permit will promote the public health,
safety, convenience and welfare of the City's inhabitants.
The Board of Apepal, after careful consideration of the evidence presented at the
hearing, and after viewing the plans, makes the following findings of fact:
1 . There was ro&opposition to the petition;
2. Upgrading of the building would be a substantial improvement to
the neighborhood.
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 addition will not be substantially detrimental
to the neighborhood;
2. The relief requested can be granted without nullifying or substantially
derogating from the intent of the district or the purpose of the
Ordinance. _
! 1
DECISION ON THE PETITION OF WILLIAM & LUCY COLEMAN FOR A
SPECIAL PERMIT FOR 29 BARSTOW ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Special Permit requested under the following terms and conditions:
1 . The proposed two story addition be building as per the plans
submitted to the Board;
2. The side setback for the proposed addition be no more than
six (6) feet;
3. The petitioners must comply with the requirements of the Salem
Fire Department, the State Building Code and obtaine necessary
building permit;
4. A Certificate of Occupancy must be gbtained.
SPECIAL PERMIT GRANTED
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flames M. Fleming, Member
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CL.-RK
APPEAL FP.OIt THIS DE'ISIDN- IF ANY. S°.ALL BE L`AD'E PURSUANT TO SECTION 17 OF TEE
V - SE FILED WTHIN Y0 DAIS AFTER THE DAi� Or FIL:S;
GENERA! LA.C:S. CHAPTER.SOB,.ANO SHAG
OF THIS DECIS!0'+ IN THE CFFICE Li THE. CgTY CLEF 11. 7HE l'6 0"
PJES IJ ': �E i.^:G C pec oma., S-
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F .(II -t7 Or 15` CFi CLEFn Th. :C 0 :a "A'iE EL,r_.0 .�•J irn IS
OR Th.--?. IF SUCH ANAPPc�! h:C B'Ei, PLE THAT IT HAS BEE:
RECORDED IN THE SOUTH ESSEX RE''ISTR1 OF DEEDS At•D INDEtEu
OF RECORD OR IS RECORDED ANO NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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