14 FORRESTER STREET - FINNISS, CLARK & PATRICIA - ZBA qq'I'll
14 Forrester St. R-2
Clark & Patricia Finniss
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DECISION ON THE PETITION OF CLARK & PATRICIA FINNISS =
FOR A SPECIAL PERMIT FOR 14 FORRESTER ST. , SALEM
A hearing on this petition was held December 5, 1984 with the following Board
Members present: James Hacker, Chairman; Messrs. , Charnas, Luzinski and Associate
Member Bencal. Notice of the hearing was sent to abutters and others. Notices
of the hearing were properly published in the Salem Evening News in accordance
with Massachusetts General Laws Chapter 40A.
Petitioners, owners of the premises, request a Special Permit to convert a present
two family dweling into a two unit condominium in this R-2 district.
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
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 Cit ' s inhabitants.
The Board of Appeal, after hearing the evidence presented at the hearing, makes
the following findings of fact:
1 . No opposition was presented to the petitioner's plan;
2. Petitioner bought the house in July of 1983 and the premises
was vacant at that time;
3. Petitioner has lived on premises since buying and has never
rented out the second apartment.
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 relief requested does not create a substantial detriment
to the public good, nor does it substantially derogate from
or nullify the intent or purpose of the Ordinance.
DECISION ON THE PETITION OF CLARK & PATRICIA FINNiSS
FOR A SPECIAL PER1,1IT FOR 14 FORRESTER ST. , SALEM,
page two
Therefore, the Zoning Board of Appeal voted 4-0 to grant the petitioners request
for a Special Permit, provided that:
1 . Three parking spaces must be maintained on the property;
2. A Certificate of Compliance for approved smoke detectors must
be obtained;
3. A Certificate of Occupancy must be obtained.
SPECIAL PERMIT GRANTED
Richard A. Bencal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERc:
APPEAL FROG: THIS Cr_:!SiON, I: A" SHALL BE ASFD Pi'RS'J=.:'!i TO SE-:T.!ON 17 OF TtE V TS.
GEidERAL G�rS. C:':.F?EF; Q '.. A%D SLI EE NLED i.-?-;!': 2C DAYS A.—TER THE D;TE OF FILI:fS
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OF RECORD OR IS RECi RDEO AiiC N3:ED ON THE Ni.,ER S LERTIhCA-E OF TITLE.
BOARD OF APPEAL
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