23 CHARLES STREET - PERELIS, RALPH - ZBA 23 Charles St . R_2
Adelbert St. Pierre (owner)
Ralph Perelis (Petitioner)
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DECISION ON THE PETITION OF ADELBERT ST. PIERRE FOR A
SPECIAL PERMIT AT 23 CHARLES STREET (R-2)
A hearing on this petition was held August 15, 1989 with the following Bcara
Members present: James Fleming, Chairman; Messrs. , Febonio, Luzinski, Nutting
and Associate Member 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 Chanter 40A.
The petitioner, owner of the property, is requesting a Special Permit to
demolish a free standing garage and to construct an addition. Property is
located in an R-2 district.
The provision of the Salem Zoning Ordinance which is applicable to this request.
I or 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 at the
hearing, and after viewing the pians, makes the following findings of fact:
1 . There was no opposition.
2. The existing garage, which sets directly on the property line will
be demolished.
3. The proposed addition will consist of bedroom, den, sewing room with a
two car garage under and will bring the property closer to compliance.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . The proposed addition will be in harmony with neighborhood and will promote
the public health, safety convenience and welfare of the City's inhabitants.
2. The Special .Permit requested can be granted without substantial detriment
to the public good and without nullifying or substantially derogating from
the intent of the district or the purpose of the Ordinance.
DECISION ON THE PETITION OF ADELBERT ST. :-IERRE FOR A SPECIAL
PERMIT AT 23 CHARLES STREET, SALEM
page two
Therefore, the Zoning Board of Appeal doted unanimously, 5-0, to grant t're
Special Permit requested, subject to the following conditions:
1 . All requirements of the Salem Fire Department relative to smoke and
fire safety be strictly adhered to;
2. All construction be done in accordance with the plans submitted ano with
a building permit to be obtained from the City of Salem Inspector of
Buildings;
3. The exterior finish of the proposed addition be in harmony with the
existing building;
4. Approval of the Salem Historic Commission be obtained relative to the
demolition of the garage;
A Certificate of Occupancy be obtained for the addition.
SPECIAL PERMIT GRANTED.
John R. Nut g, Secre ry
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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BOARD OF APPEAL