74 WASHINGTON SQUARE EAST - ZBA 74 WASHING-Tom SQUARE EAST
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DECISION ON THE PETITION OF ALAN B. SHERR REQUESTING A SPECIAL ICE
PERMIT FOR THE PROPERTY LOCATED AT 74 WASHINGTON SQUARE EAST R-2
A hearing on this petition was held August 19, 1998 with the
following Board Members present: Ronald Harrison, Paul Valaskagis,
Michael Ward and Stephen Buczko. 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 was requesting a Special Permit to use garage on the
property as an art studio for his own use. Certain changes to the
building will be made including adding heat, bathroom facilities and
adding skylight and permission for these will be sought at a later
date. This petition concerns only the CHANGE IN USE of the building.
The provision of the Salem Zoning Ordinance which is applicable to
this request for a Special Permit is Section 5-3(j ) , 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 Sections 8-6 and 9-4, 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 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 . The petitioner represented himself.
2. There was no opposition to the request for a Special Permit.
3 . Petitioner has contacted all abutters and gained their approval of
his plans.
u . The garage is a historical building, a carriage house, and thus
needs the approval of the Historic Commission to make any changes.
5. The building is without a foundation and petitioner will put one
in. The Historic Commission has issued a permit of
non-applicability to the petitioner to add the foundation.
DECISION OF THE PETITION OF ALAN B. SHEER REQUESTING A SPECIAL PERMIT
FOR THE PROPERTY LOCATED AT 74 WASHINGTON SQUARE EAST R-2
page two
6. Petitioner understands that any other structural changes, the
addition of heat, bathroom facilities and skylights, need the
approval of the building inspector and any other appropriate city
agencies.
On the basis of the above findings of fact, and the evidence
presented, the Board of Appeal concludes as follows:
1. The Special Permit requested can be granted without substantial
detriment to the public good or without nullifying and substantially
derogating from the intent of the district or the purpose of the
ordinance.
2. The granting of the Special Permit requested will promote the
public health, safety, convenience and welfare of the City's
inhabitants and may be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 4-0 to
grant the Special Permit requested, subject to the following
conditions;
1 . Petitioner shall comply with all city and state statutes,
ordinances, codes and regulations.
2 . All requirements of the Salem Fire Department relative to smoke
and fire safety shall be strictly adhered to.
3 . A Certificate of Occupancy shall be obtained.
4 . All construction shall be done as per the plans and dimensions
submitted.
. Petitioner shall obtain a building permit prior to beginning any
construction.
6 . Exterior finishes of the new construction shall be in harmony with
the existing structure.
7. Petitioner shall obtain approval from any City Board or Commission
having jurisdiction including, but not limited to, the
Historic Commission.
Special Permit Granted
August 19, 1998
Ronald Harrison, Member
Board of Appeal
DECISION OF THE PETITION OF ALAN B. SHERR REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 74 WASHINGTON SQUARE EAST
page three
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section
17 of MGL Chapter 40A and shall be filed within 20 days after the
date of filing of this decision in the office of the City Clerk.
Pursuant to MGL Chapter 40A, Section 11, the Variance or Special
Permit granted herein shall not take effect until a copy of the
decision, bearing the certification of the City Clerk that 20 days
have elapsed and no appeal has been filed, or that, if such appeal
has been filed, that it has been dismissed or denied is recorded in
the South Essex Registry or Deeds and indexed under the name of the
owner of record or is recorded and noted on the owner's Certificate
of Title
Board of Appeal