16 BROADWAY - ABLOW & BROWN, HERBERT & JUNE - ZBA 16 BROADWAY (I)
Herbert Ablow &
- - - -- - -- j June Brown -
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- '84 J1 -'=
DECISION ON THE PETITION OF HERBERT L. ABLOW & JU11M :$: ;`BROWN
FOR A SPECIAL PERMIT FOR 16 BROADWAY, SALEM
A hearing on this petition was held on May 23, 1984 with the following Board
Members present: James Hacker, Chairman; Messrs. , Charnas, Gauthier, Luzinski,
and Strout. 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.
Petitioners are requesting a Special Permit to extend a nonconforming structure
- "' by constructing an addition in this (I) district.
t The provision of the Salem Zoning Ordinance which is applicable to this request
foo a Special Permit is Section V B 10, which provides as follows:
l x _ ;;E Notwithstanding anything to the contrary appearing in this
Ordinance, the board of Appeal may, in accordance with the
`> 5 ; > = procedure and conditions set forth in Section VIII F and IX D,
_ o _
grant Special Permits for alterations and reconstruction of
` ` <, s I, nonconforming structures, and for changes, enlargement, extension
- _ - - " N or expansion of nonconforming lots, land, structures, and uses,
provided, however, that such change, extension, enlargement or
'r .< e: < < o expansion shall not be substantially more detrimental than the
existing nonconforming use to the neighborhood.
`rn 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
- - q)y the Board that the grant of the Special Permit will promote the public health,
Y; .
aafety, convenience and welfare of the City's inhabitants.
= he Board of Appeal, after hearing the evidence presented at the hearing makes
4he following findings of fact:
1 . There was no oDDosition raised by neighbors to petitioner's plan;
_ - = 2. It would not be feasible to put addition in any other place.
- - bn 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 desired can be granted without substantial detriment
to the public good;
Therefore, the Zoning Board of Appeal unanimously voted to grant the petition
for a Special Permit as requested.
Tames B. Hacker, Chairman
COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CLTY CLERK
APPEAL CASE NO. .. . . .. . . .. .. .. .. . .. . . . .
E �itg of �Metn, 'Mttsque4usetts
Pourb of AppeA
TO THE BOARD OF APPEALS:
The Undersigned represent that he is are the owners of a certa.in .parcel of land located
at NO. . . 16 "Idway. . . . . . . . . . . . . .. ..
, Zoning District
. .... . .. . . . . . . . . .. . . . . . . . . . . . . . . : and said parcel is affected by Section(s). . 11l. . . . . . . . . . . .
of the Massachusetts. State Building Code.
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance.
a
DIRECT APPEAL o
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The Application for Permit was denied by the Inspector of Buildings for the following
reasons: -
DIRECT APPEAL
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed; as the enforcement of said
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpos f 'the: Zontn -Opdinailpe and Bgildina Code for
the foll win r a OnS' P'1�e Petitioner eeks a dimensional variance and/or
speciaol pel?mi� fo extend a non-conforming structure to permit the Petitioner to
construct an addition to its existing building, which addition will diminish the
available front yard footage extending from the new addition to the lot line
adjacent to Broadway from 30 feet to a depth of 20 feet. Parking remains more
than adequate. In addition, the Petitioner has under long-term lease a lot across
the street which is available for parking. The Petitioner's' land is situated in an
Industrial District. The shape and size of the, Petitioner's land; and its existing.
layout, prevent the construction of an addition'. elsewhere on the lot in question.
Coupled with Petitioner's need for the new addition,, a hardship exists which
peculiarly affects his land, but not other land located in the same zoning district.
Additionally, the dimensional variance and/or special permit to extend a non-
conforming structure sought is consistent,with, and will not derogate from the intent
of the zoning bylaws, and will not have any detrimental affect on the public good.
Herbert L. Ablow and June H. Brown
Owner. .. .. .. . ... ...... .. ..... . .. .. .. .... ......
Address., l6.Broadway, Salem, MA -
Telephone. .°%.744-0212 .. ..
Herbert L. Abloom and June H.
Petitioner. . . Brouet. . . . .. ..... . . .. .. . .. . . . . ..
Address. .NIM ae abgve,
. . . . . . . . . ... . . . . . . ..
Date. . . April 23 t 1984 c% 744-0212
5of
e.. . . .. . ..8 . . . .. . . . . . . . . . . . ..
. . ...... . . . ...
el attorney
Three copies of the application must be fileda Secretary of th Board of
.,Appeals with a check, for advertising in the a . .$$$•54. . . . .. .... . . . .. . ..
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
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PETITION TO BOARD OF APPEALS
LOCATION -
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PETITIONER.......................................... -
ADDRESS...............................................
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CONDITIONS
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PETITION APPROVED............_...... ❑
DENIED...................
_..........._......._................. 19.........
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