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28 BEAVER STREET - BASH, FLORENCE L - ZBA C 28 Beaver St. R-2 Florence L:' Bash ' T 0 _ ccs Gam®n VJ .f (91ty of ttlem, { tzsstttltusetta 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 :a h i CJ � v d 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 Ln _ :v S :J ��.CONDIT{aG , 2 a Al oQJ 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 IN SAL E/yJ, /yJ�9SS. '� R.W. REID 'CE LYNNFIELD, MA. SC.9 e f- /" = 20 O c r /c l F! a- � Ei'VrkY CJ 000 Area- ' ` RALPH iZ AEI +!t O 42% C y /inc.r o c 0C v,4 a c.6n - /)oase ( fences d /+ ar<a) enfi eacSCJ ow /.•N d o f L E C� u.rK,. Y/)f G o r� J� ifo ,ir < Cfe.,e< d .%r DrraJ egcroac G.-J y; &J FHor;n A certify that the d"eiling is . IOCdIej as ShOwn CW'J con. . !a—'N of hen censtruded. �, 2 .BEi9 liE�f' ST. 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