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DEC 9 2 59 PM 081
DECISION ON THE PETITION OF DANA P. LOTHROP FOR A SPECIAL FILE#
PERMIT AT 1-3 CABOT ST. (R-2) CITY CLERK,SALEM.M4SS.
A hearing on this petition was held August 8, 1987 and continued until November
23, 1987 with the following Board Members present: James Hacker, Chairman; Messrs. ,
Fleming, Strout and Associate Members Dore and Labrecque. 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 is seeking a Special Permit to allow the premises to be used as a
three family dwelling. Property is located in an 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 reconstruction 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 careful consideration of the evidence presented and after
viewing the plans, makes the following findings of fact:
1 . There was no opposition;
2. Evidence presented at the public hearing showed this to be a
pre-existing, nonconforming use;
3. Off Street parking will be provided;
4. There will be no changes to the existing structure;
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . The proposed use will be in harmony with the existing neighborhood;
2. The granting of the Special Permit will promote the public health,
safety, convenience and welfare of the city's inhabitants;
3. The relief requested can be granted without nullifying or substantially
derogating from the intent of the district or the purpose of the
Ordinance and without substantial detriment to the public good.
r
DECISION ON THE PETITION OF DANA P. LOTHROP FOR
A SPECIAL PERMIT FOR 1-3 CABOT ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
special permit request, subject to the following conditions:
1 . Petitioner comply with all requirements of the Salem Fire
Prevention Bureau relative to fire safety;
2. Five (5) legal parking spaces be maintained on site.
SPECIAL PERMIT GRANTED
Peter Strout, Member, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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FOR REGISTRY OF DEEDS USE ONLY.
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CABOT STREET
VARIANCE PETITION PLOT PLAtI
SALEM , MASSACHUSETTS .
BOARD OF APPEALS : Owner : DANA LOTH SOP
SCALE : I°= 10'-011 31 MARCH 1986
GRAPHIC SCALE'
0
GS-.I7. 5 to 15 20 30 _.,50
CARTER & TOWERS ENGINEERING CORP.
6 FAIRVIEW AVENUE
SWAMPSCOTT, MASSACHUSETTS, 01907.
DATE. —_—
soon
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