33-35 FORRESTER STREET - SWINIUCH, RICHARD - ZBA 33-35 Forrester St. R-2
M & Y Realty Tr. (petition),
Richard Swiniuch (owner) -- V
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DECISION ON THE PETITION OF M & Y REALTY TRUST FOR A
SPECIAL PERMIT FOR 33-35 FORRESTER ST. C!T1'
A hearing on this petition was held October 15, 1985 with the following Board
Members present: James Hacker, Chairman; Messrs. , Fleming, Luzinski, Strout and
Associate Member Dore. 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, owner of the property, is requesting a Special Permit to convert an
existing two family dwelling into a three family dwelling 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 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 . Minor neighborhood concern and opposition;
2. Six parking spaces to be provided on premises;
3. Several three dwellings are already existing in the
immediate neighborhood;
4. No abutters opposed the proposed plan;
5. Units are to be condominiums.
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 Special Permit requested can be granted without substantial
detriment to the neighborhood and without substantially derogating
from the intent or purpose of the Ordinance;
2. The proposed three family will be in harmony with the district.
DECISION ON THE PETITION OF M & Y REALTY TRUST FOR A
SPECIAL PERMIT FOR 33-35 FORRESTER 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 . Existing garage is to be demolished and parking for six (6)
vehicles to be provided according to plan submitted;
2. Stockade fence on each boundary line will be erected as
per plan;
3. Building permit must be obtained prior to any construction and
prior to demolition;
4. A Certificate of Occupancy for each unit must be obtained;
5. Upon completion each unit shall be owner occupied.
SPECIAL PERMIT GRANTED
-I—
/James B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FRO;d THIS DECISJM, IF ANY. SHALL BE GSADE PURSUANT TC SECTION 17 OF THE f:?ASS. .
GENERAL LAWS, CW..PTER 803. AIID SHALL EE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECIS'ON IN THE OFFICE OF THE CITY CLERK.
F'JRSSS: TO :....'S, r"_P i'_ LA�i.,, CPAP_=. S�'8. SEC !^;. 31, THE VL`A':CE 0.a, S—= IAL PERi;IT
i. ED HEKI:(, SHALL Uri '!..c -.Tl ECT U7ML A COPY CF THE 'Eii =iu I THE C$RT.
FIATIOi'1, OF THE CIT'i CLER.: TH.=.; ZO HAVE E. . ED EF'
.ED,
:R THAT, IF SO('.H A:; APPEAL H:S BSE): FILE, THA. IT H';S UEN Cl :::S`£D OR DEra ED IS
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEERS AND li{OEXED U,..E3 THE NAL;E OF THE OViNI,
OF RECORD OR IS RECORDED AND NOTED OR THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL