3 MESSERVY STREET - ZBA COLELLA, JOSEPH
3 Messervey St. (R-1)
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DECISION ON THE PETITION OF JOSEPH F. COLELLA
FOR A SPECIAL PERMIT FOR 3 MESSERVEY STREET
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A hearing on this Petition was held on October 27, with the!• ^`
following Board Members present: James Hacker, Chairman; Messrs. 1jopper,
Piemonte, and Feeherry and Associate Member Luzinski " Notice of the' hearing `'•P•A'3
was sent to abutters and others and a notice of the hearing was published in
the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A.
The Petitioner has requested a Special Permit to extend a non-conforming
structure by. removing an existing rear porch and-two stoops; installing a
driveway on the side of the property; extending a kitchen on the
first floor ten feet with a basement under said extension; and enclosing a
patio on the first floor and reconstructing a second floor porch with outside stairs.
The existing structure is non-conforming by virtue of the fact that it encroaches into
the minimum side yard set back. The proposed addition to the site will extend this
nononformity to within five feet of the side property line. The provision of
the Salem Zoning Ordinance which we deem to be 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 nonconforming
lots, land structures and uses provided that such change. . .
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 Spec.'-al Permit 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.
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The Board, after considering the evidence at the hearing on this matter, makes
the following findings of fact:
1. The Petitioner§ proposed addition to the site will improve the area.
2. The proposed renovation was unopposed by any neighbors.
On the basis of the above findings of fact, and on the evidence presented at
the public hearing, the Board of Appeal finds (i) that the proposed use of
the property will not be substantially more detrimental than the existing use
to the neighborhood, (.ii) that the proposed use of the property will promote
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public health, safety, convenience, and welfare and (iii) that the proposed
use of the property is in harmony with the Salem Zoning Ordinance. Accordingly,
the Baord unanimously approved the granting of a Special Permit to the Petitioner.
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DECISION ON PETITION OF JOSEPH F. COLELLA
FOR SPECIAL PERMIT FOR 3 MESSERA'EY STREET
i0ctober 27, 1982
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The Special Permit is therefore granted in accordance with the following
terms and conditions: i,l, CITY k r
The Special Permit is therefore granted in accordance with the following terms
and conditions:
1) Petitioner may construct a 10' x 26' addition to the first floor of the
existing structure at the site and may complete all other above referenced renovations.
2) The addition may be constructed to within five (5) feet of the side yard
requirement.
3) Petitioner shall submit detailed plans to the Building Inspector in
connection with his Building Permit application.
4) A Certificate of Use & Occupany shall be obtained before using the proposed
addition.
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Anthony M. eeherry, Secretary
A COPY OF THIS DECISION AND PLANS HAVE BEEN FILED WITH THE PLANNING BOARD AND CITY CLERK
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