41 FLINT STREET - SOUSA, WAYNE C - ZBA 1 —41 -Flint St. R-2
Wayne C. Sousa
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CtU of S�t1em, tt stxc xzs� s ,
'84 PPR -3 P2 :51
DECISION ON PETITION OF WAYNE C. SOUSA FOR SPECIAL )CjMITSj7- =(rt
FOR 41 FLINT STREET, SALEM 5As":'
A hearing on this petition was held on March 21 , 1984 with the following Board
Members present: James Hacker, Chairman; Messrs. , Charnas, Hopper, 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.
Petitioner seeks special permits in order to convert an existing two family
dwelling into two condominiums and to add a third condominium unit in this R-2
district.
This proposed condominium conversion is covered by the terms of the City's
Condominium Conversion Ordinance. The Special Permit that has been requested
may therefore only be granted upon a finding by the" Board of Appeal that
(1 ) the grant of the Special Permit will not adversely impact upon the City's
existing stock of rental units for low and moderate income families and elderly
people on fixed incomes; (2) that the grant of the Special Permit is not con-
trary to the City's Master Plan; and (3) the grant of, the Special Permit will _
not have an adverse effect on the neighborhood.
The Board of Appeal, after hearing the evidence presented at the hearing, and
after viewing ,the plans, makes the following-findings of fact:
1 . Opposition to the addition of a third unit was presented, but not
to the conversion of the two existing units into condominiums;
2. The addition of a third unit would exacerbate parking and traffic
problems in an already extremely densely populated part of the City;
3. The building is vacant and was not made vacant by petitioner for the
purpose of condominiumizing the units;
4. Petitioner's plan will nothave a negative impact on the City's existing
stock of low and moderate income rental units nor on elderly people
on fixed incomes;
5. Petitioner's plan will not have a negative impact on the neighborhood,
except for the impact the third unit would have as described above;
6. Petitioner's plan is not in conflict with the Master Plan of the City;
7. There are no tenants and thus no hardship caused by the conversion_
DECISION ON PETITION OF IWAYNE C. SOUSA FOR
-r SPECIAL PERMITS FOR 41 FLINT ST.
page two
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. conversion of the two existing units to condominiums can be done _
without substantial detriment to the public good and such conversions
is to a use not substantially more detrimental to the neighborhood than
the existing use;
2. The addition of a third unit would be a substantial detriment to the
public good.
Therefore, the Board of Appeal voted as follows:
1 . Not to grant a Special Permit allowing the construction of a third unit;
2. To grant petitioner a Special Permit to allow him to convert the existing
two units to condominiums, provided that no changes be made to the
exterior of the two units without prior written approval of the City of
Salem Historical Commission.
n
Scott E. Charnas, Acting SeE^etary
A COPY OFTHISDECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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