33A BRIDGE STREET - GIANELLI, MICHAEL - ZBA St.
-- — — - —_— `— 33 A Bridge B-4
Michael Gianellelli
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DECISION ON THE PETITION OF MICHAEL GIANELLI FOR A SPECIAL PERMIT
FOR 33A BRIDGE ST. , SALEM
A hearing on this petition was held November 28; 1984 with the following Board
Members present: James Hacker, Chapman; Messrs. , .Cparnas, Luzinski, Strout and
Associate Member LaBrecque. Notice` bf'.;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 Law Chapter 40A.
Petitioner, owner of the property, seeks a Special Permit to extend an existing
nonconforming rear setback in order to expand an existing building in this
B-4 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 noncorming
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 hearing the evidence and viewing the plans presented
at the hearing, makes the following findings of fact:
1 . No meaningul opposition was presented to the petition;
2. The change in rear setback is 13 feet and will not effect
any neighbors to any substantial degree.
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 requested relief does not substantially derogate from nor
nullify the intent and purpose of the Zoning Ordinance;
2. The relief requested will not be a substantial detriment to
the public good.
DECISION ON THE PETITION OF MICHAEL GIANELLI
FOR A SPECIAL PERMIT FOR 33A BRIDGE ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted 5 - 0 to grant the Special Permit
as requested to extend the rear Setback nonconformity as shown in the plan
submitted to the Board, provided that the occupancy conforms with all applicable
provisions of the Salem Fire Code and Mas ach setts Building Code.
84 PEC -7 :Y
SPECIAL PERMIT GRANTED Cl I
C.�LyV(//Zlt�J
Scott E. Charnas, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
t. =.L F^^:S THIS DF.IS!Cdi. 1= .'...', SHASL F- FADE PURSUANT TO SECTIO'! 17 OF THE SASS.
2i DAYS AFTER THE DATE OF FUND
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THE CERT
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P. ?DED C THE SG.ITH ESSEX RESISTRY ::EELS _ 7,.
OF RECORD OR IS RECORDED AHD NOTED ON THE OVlNEP,'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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DOWAL® S FOX. OEOISTeRED LAND SURVEYOR
SUMSE.T S.CAD • CARLISLE, MASs .
I hereby cartify that thebuildin own
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SCALE : I°• .2,o' Dah..Trr: -jJ—.31,[473—_-- s this plan h t it conforms,
on ms,t ground in
_ shown and that i4 conf®rn�fo 4h�zoning
X PLAN REPaREMCre: laws of the City/TGhnvI of :
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eing Lot ---on o pion �iy Why ton ructed. --' -'----
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rty line and street lino off®¢1sntMis plan ar¢ specificolty forthe
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