37 APPLETON STREET - OLIVER, PHILIP & VELMA - ZBA 37 Appleton St. R-2
Philip & Velma Oliver _
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Paurb of Appetti '83 NOV -2 P 3 : 13
CITY Uc
DECISION ON THE PETITION OF PHILIP AND VELMA OLIVER FOR ${��
A SPECIAL PERMIT FOR 37-39 APPLETON STREET
A hearing on this petition was held on October 19, 1983 with the following Board
Members present: James Hacker, Chairman; Messrs. , Charnas, Luzinski, Piemonte
and Associate Member Bencal. Notices of the hearing were 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 have requested a Special Permit to allow them 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 reconstruciton"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 considering the evidence at the hearing, makes the
following findings of fact:
1 . Vigorous opposition to petitioner's plan was raised by neighbors;
2. The character of the neighborhood is basically single family homes
with some two family homes;
3. Granting petitioner's request would tend to increase traffic and
congestion in the area.
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 substantially derogates from the intent and
purpose of the Zoning Ordinance;
2. . The granting of a Special Permit will not promote the health, safety,
convenience and welfare of the City's inhabitants;
DECISION ON PETITION OF PHILIP AND VEL`1A OLIVER FOR
-.
A SPECIAL PERMIT FOR 37-39 APPLETON STREET -
page two pp �(�
3. The requested relief would be a substantial detrime'h EtYVth� P'14Qj
public good.
CITY CLEF:ri'' r;7-;"CETherefore, the Board of Appeal voted unanimously to deny the pUiftbrjers,request
for a Special Permit.
CP11 r¢-c-)
Scott E. Charnas, Acting Secretary
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE IAASS-, -
GENERAL LAWS, CHAPTER 808, AHD SHALL BE FIM WITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. -
PUP,S.ANT TO MASS. GENERAL.LAWS, CHAPTER 808, SECTION 11, THE VARIANCE C^ SPECIAL P c ;iT
GRANTED HEP.EM, SHALL NOT TAKE EFFECT UNTIL A COPY OF THEDECISION, BEAR!,IC THE -
FICATION OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS GLEN - _
OR THAT, 1F SUCH AN APPEAL HAS BEEN FILE, THAT IT HAS BEEN DISMSSED OR DE, llc_:
N fF :S
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. - -
- - - BOARD OF APPEAL - -
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK