16-18 ORCHARD STREET - BUILDING INSPECTION r:. l
16- 18 ORCHARD STREET
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DECISION ON THE PETITION-OF-ROBERT-AND MARY LECLERC FOR A
SPECIAL PERMITUTT 16-1,8_ORCHARD_ST__ !(R-2)
A hearing on this petition was held January 25, 1989 with the following Board
Members present: James Fleming, Chairman; Messrs. , Bencal, Nutting, Strout and
LaBrecque. 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 increase
garage space and to add living space on the second floor of the added garage
space in this R-2 zone.
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 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 neighbhood.
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 . Support of the plan was voiced by neighborhs, abutters and others;
2. No opposition was presented;
3. The living space above the garage will allow a family member to
home to live.
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 that the existing use to the neighborhood;
2. The releif requested can be granted without nullifying or substantially
derogating from the intent of the district or the purpose of the Ordinance;
3. The grant of the Special Permit will promote the publich health, safety,
convenience and welfare of the City's inhabitants.
DECISION ON THE PETITION OF ROBERT AND MARY LECLERC FOR A
SPECIAL PERMIT AT 16-•18 ORCHARD 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 . Petitioner must meet all requirements of the Salem Fire Dept. relative
to smoke and fire safety;
2. All construction be done as per the plans submitted and as per all existing
City and State Building Codes;
3. All dimensions shall be as per the plans submitted;
4. Exterior finish of the garage and new living space shall be in
harmony with the existing two family;
5• The space above the garage addition may be utilized as a living space only
as long as the two family dwelling remains owner occupied and only as long as
the space above the garage is occupied by a member of the immediate family;
6. A Certificate of Occupancy be obtained for the living space above the garage;
7• The living space above the garage shall not include kitchen facilities.
GRANTED
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Richard A. Bencal, Vice Chaitman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FROM THIS DECISION. I. ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF i '
GENERAL LAMS. CHAPTER 803, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE G..TE OF _.....
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
Pi-,SANT TO ..ASS. CEIIERAL LAC;S, CHAPTER 808, SECTIC`I 11, THE VAMANCE CR
RANTED HFREi N. SHALL NOT T,l(E EFFECT UNTIL A COPY OF THECECISI::�l. EEAR;"i:!
FICAnCN OF THE C,.Y CLER:, I AT 20 DAYS HAVE ELAPSED AND NJ AFPSAL HRS 3E61 2.
2'n THAT. IF SUL'H AN APPEAL HAS DEB FILE, THAT IT H:1S BEEN DIS.:!ISSED OR DESIEJ iS
RECORDED IN THE SOUTH ESSEX RE61STR'i OF DEEDS AND INDEXED UNDER THE NA:,;E
OF RECORD OR IS RECORDED AND NOIED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL