ZBA DECISIO 10/26/2018 ��cot�tr`• .
CITY OF SALEM, MAS ACHUSETTS
f' BOARD OF AID PEAL
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MAYOR 3,>
October 26, 2018 :In
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City of Salem Board of Appeals U) J,
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A petition of JOHN PANNETON requesting a Special Permit per Sec. 3.2.8 of the Zoning Ordinance to
allow an accessory living area at 22 CLARK AVE. (Map 6,Lot 4) and. Zoning District).
A public hearing on the above petition was opened on October 17, 2018 pursuant to M.G.L Ch. 40A, § 11
and was closed on that date with the following Salem Board of Appeals members present: Mike Duffy
(Chair),Jim Hacker,Patrick Shea,and Paul Viccica.
Statements of fact:
1. In the petition date-stamped September 19, 2018, the PetitionT! requested a Special Permit per Sec.
3.2.8 Accessory Living Area,to allow an existing accessory by I ar4
2. The petitioner presented the petition.
3. The property is a legal, non-conforming single-family detacliell dwelling located in the Industrial
Zoning District i
4. The petitioner is seeking a special permit to allow an existing finished accessory living area within the
home to provide an accessory living area for the petitioner's mother and father.
5. An accessory living area is defined as: A housekeeping unit, with its own sleeping, cooking and
sanitary facilities, located within a single family dwelling that is subordinate in size to the principal
unit, separated from it in a manner which maintains the appearance of the building as a single family
dwelling,and allowed by special permit pursuant to Section 3.2.8 of the Salem Zoning Ordinance.
6. The requested special permit,if granted,would allow the petitioner to maintain the existing unit as an
accessory living area.
7. At the public hearing, no members of the public spoke in favor of the petition and none spoke in
opposition.
The Salem Board of Appeals, after careful consideration of the evidbnce presented at the public hearing,
and after thorough review of1
4the petition, including the applica ionj narrative and plans, makes the
following findings: II
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The purpose, procedure and requirements of Section 3.2.8 of the,Zoning Ordinance have been fulfilled
and the adverse effects of the proposed use will not outweighi s beneficial impacts to the City Or
neighborhood.
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1. There are community needs that are served by the proposal including by providing family members
with a means of companionship, security,dignity,and independent living.
2. There are no traffic flow and safety impacts including parking and loading.
City of Salem Board of Appeals
October 26,2018
Project: 22 Clark Ave. la iIJ e
Page 2 of 2
3. Utilities and other public services are adequitte. F
4. There are no negative impacts to the neighborhood character.
5. There are no negative impacts to the natural:environment.
6. Potential economic and fiscal impact, including impact on City services, tax base, and employment is
positive.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted four (Mike
Duffy [Chair], Jim Hacker, Patrick Shea, and Paul Viccica) in favor and none opposed, to issue a Special
Permit per Sec. 3.2.8 of the Zoning Ordinance to allow an accessory living area subject to the following
terms,conditions and safeguards:
Standard:
. Petitioner shall comply with all city and state statues,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 is to be obtained.
4. Petitioner is to obtain apprgva] from any City Board or Commit+ot'having jurisdiction including, but
not limited to the Planning Roard.
4 I F
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Mike Duffy, Chair
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal firm this decision,if any,shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A,and shall be filed nithin 20
days of filing of this deem on in the office of the City Clem Pursuant to the Massachusetts Generale Laws:Chapter 40A, Section 11, the Variance or
Speaal Permit granted herein shall not take effect until a copy of the deanon bearing the certificate of rtbe City Clerk bar been filed pith the Essex South
Registry of Deeds.
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