28 BEAVER STREET - BASH, FLORENCE L - ZBA C
28 Beaver St. R-2
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Boarb of -Appeal
DECISION ON THE PETITION OF FLORENCE L. BASH
FOR A SPECIAL PERMIT AT 28 BEAVER ST. (R-2)
A hearing on this petition was held March 10, 1993 with the following Board
Members present: Richard Bencal, Chairman; George Ahmed, Francis Grealish
Jr. , Edward Luzinski and Stephen Touchette. 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
reconstruct a single story addition on an existing foundation. Property is
located in a two family district.
The provision of the Salem Zoning Ordinance which is applicable to this
request for a Special Permit is Section 5-3(j ) , 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 8-6 and 9-4, grant Special Permits for alterations and
reconstruction of nonconforming structures, and for changes, enlargement,
extension or expansion of nonconforming lots, '_and, 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 Citv'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. The proposed addition would be placed on an existing foundation and
would restore the building to its original configuration.
2. The proposed addition would be used for uses that are incidental to the
structure and would increase the number of dwelling units.
3. The proposed addition would allow a better and fuller use for the
petitioner.
PETITION OF FLORENCE L. BASH FOR A
SPECIAL PERMIT AT 28 BEAVER ST. , SALEM
page two
On the basis of the above findings of fact, and on the evidence presented,
the Board of Appeal concludes as follows:
1 . The Special Permit requested can be granted without substantial
detriment to the public good and without nullifying or substantially
derogating from the intent of the district or the purpose of the Ordinance.
2. The granting of the Special Permit requested will promote the public
health, safety, convenience and welfare of the City's inhabitants and may
be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Special Permit requested, subject to the following conditions:
1. Petitioner shall comply with all City and State statutes, ordinances,
codes and regulations.
All construction shall be done as per the plans and dimensions
submitted.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
L. Petitioner shall obtain a legal building permit.
5. Exterior finishes of the new construction shall be in harmony with the
existing structure.
SPECIAL PERMIT GRANTED
,,.arch 10, 1993
Richard A. Bencal, Chairman
Board of Appeal
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DECISION ON THE PETITION OF FLORENCE L. BASH
FOR A SPECIAL PERMIT AT 28 BEAVER STREET, SALEM
page three
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17 of
MGL Chapter 40A. , and shall be filed within 20 days after the date of
filing of this decision in the office of the City Clerk. Pursuant to MGL
Chapter 40A. , Section 11, the Special Permit granted herein shall not take
effect until a copy of the decision bearing the certification of the City
Clerk that 20 days have elapsed and no appeal has been filed, or that, if
such appeal has been filed, that it has been dismissed or denied is
recorded in the South Essex Registry of Deeds and indexed under the name of
the owner of record or is recorded and noted on the owner's Certificate of
Title.
Board of Appeal
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Salem Historical Commission
ONE SALEM GREEN,SALEM,MASSACHUSETTS 01970
(508)745-9595 EXT..311
March 10, 1993
Richard Bencal, Chairman
Board of Appeal
One Salem Green
Salem, MA 01970
Dear Chairman Bencal :
The Salem Historical Commission is in receipt of your agenda
for March 10, 1993 of which a petition for 28 Beaver Street will be
heard.
The Commission has enclosed a building survey form for the
property which indicates that it was built in 1858 . While the
Commission takes no position on the petition, we are hopeful that
any alterations or new construction approved will be sympathetic to
the historic architecture of the building and neighborhood. In
this regard, we would be pleased to offer design review, should the
Board of Appeal request such services .
Thank you for your consideration.
Sincerely,
THE SALEM HISTORICAL COMMISSION
Annie C. Harris
Chairman
JG\JG\BOA
FORM B - BUILDING In Area no. Form no.
SbM Block ^ Lot
MASSACHUSETTS HISTORICAL COMMISSION 16 L� 2293
Office of the Secretary, State House, Boston ��, 111
~ YT.
Salem, MF_
r.:
r
� mss 28 Beaver Street
= r - -'
4.
-ent use residential
.f
ent owner
ription:
1858 ---
urce Registry of Deeds
Greek Revival
4. Alap. Draws 'e ch o2 tit tng loca ton tett
in relation to nearest cross streets and
other buildings. Indicate north. Exterior wail fabric aluminum siding
3 x 1 bay, 2 plate Greek Revival
Outbuildings (describe)
- Open porch supported by turnposts.
Other features
- Door in 2nd bay front with sidelights.
- 2 dormer windows in roof.
- 1 bay extension on right side of house Altered Date
Moved Date
5. Lot size.
4000'
One acre or less x Over one acre
Approximate frontage 50'
Approximate distance of building from street
set back 60,
6. Recorded by Paula Bailey
Organization Historic Salem, Inc.
Date 4-13-78
(over)
7M-7-77
7. Original owner (if known) Thomas Looby
Original use residence
Subsequent uses (if any) and dates
8. Themes (check as many as applicable)
Aboriginal Conservation Recreation
Agricultural Education Religion
Architectural x Exploration/ Science/
The Arts settlement invention
Commerce Industry Social/
Communication Military humanitarian
Community development x Political Transportation
9. Historical significance (include explanation of themes checked above)
This small, Greek Revival house was build in 1858 by Thomas Looby, Salem tanner,
when Beaver Street was being developed by the Irish immigrants who worked in the
tanneries up here on Trask's Plain. (545:20).
By 1897 the MCSweegan family owned tLis property. The property is mentioned in
a deed of 1905 (1767:205).
10. Bibliography and/or references (such as local histories, deeds, assessor's records,
early maps, etc.)
Essex County Registry of Deeds. Deeds cited above.
Salem Atlases 1851 , 174, '97
FLAN OF LAND a
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R.W. REID 'CE LYNNFIELD, MA.
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a- � Ei'VrkY CJ 000 Area-
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A certify that the d"eiling is
. IOCdIej as ShOwn CW'J con. .
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1 , hereby, certify to the best of my knowledge that the premises shown on this plan are
not located within a flood hazard area as delipeated. on the map of Community Nlerc`LA
by the Department of Housing and Urban Development, Federal Insurance Administration.,
dated 3/is/77
Note: This plan was prepared from a tape survey and is intended for mortgage purposes
only. Offsets shown on, or scaled from this plan are approximate only, and should not be
used to determine property lines. RS- 767
Book6/39 Page ¢/a Certificate Number