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DECISION ON THE PETITION OF ANN TOMSHO FOR A SPECIAL PERMIT
AT 9 CAMBRIDGE ST. (R-2)
A hearing on this petition was held August 22, 1990, continued to October 17, 1990
continued again to. November 7, 1990. The following Board Members were present at
these hearings: Richard Bencal , Chairman; Joseph Correnti , Richard Febonio,
Edward Luzinski and Mary Jane Stirgwolt. 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 premises, is requesting a Special Permit to allow the
premises to be converted back to a two family 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 reconstruction of non-
conforming structures, and for changes, enlargement, extension or expansion of
nonconforming lots, lands, structures, and uses, provided, however, that such
change, extension, enlargement or expansion shall not be substantially more detri-
mental 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 at the
hearing, and after viewing the plans, makes the following findings of fact:
1 . The petitioner and/or representative failed to appear for the scheduled
hearing.
2. The petitioner failed to provide adequate plans.
3. Petitioner failed to provided proof that the property in question has been
used as a two family since 1965.
4. Proposal was opposed by the Salem Historic Commission on the grounds the
dwelling was built as a single family.
5. Petitioner failed to provide the Board with the evidence of notice of hearing
having been sent to abutters and others of the hearing date as per agreement
on August 22, 1990 and again on October 17, 1990.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
I r
` DECISION ON THE PETITION OF ANN TOMSHO FOR A SPECIAL PERMIT
AT 9 CAMBRIDGE ST. , SALEM
page two
1 . The granting of the requested Special Permit will not promote the public
health, safety, convenience and welfare of the City' s inhabitants.
2. The relief requested cannot be granted without substantial detriment to the
public good or without nullifying and substantially derogating from the
intent of the district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 0-5, against the granting
of the requested Special Permit. Having failed to garner the four affirmative
votes necessary,the motion to grant fails and the petition is denied.
SPECIAL PERMIT DENIED
November 7, 1990
chard A. Bencal , Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Ap?eal from this decision, if any,shall be made pursuant to section 17 of
the Paass. General Laws, Chapter 808, and shall be filed within 20 days
after the date of filing,of this decision in the office of the city Clerk.
Pursuant ;a Mass. c^neral Laws. Chapter 80B, section 11, the variance
er ;pe-1ai r,;rma ^r:nto 1 herein shall not take effect until a copy of the
decision. bsiring the certification of the city clerk that 20 days have
elapsed an 1 no cppe-jl lias been filed, or that, if such appeal has been
filed, th:t it h-a been dismissed or denied is recorded in the South Essex
Registry of Deeds and indexed under the name or the owner of record or.
Is recorded and noted on the owner's certiacate of Title,
BOARD OF.&PEAU