23 CHARLES STREET - ST PIERRE, ADELBERT - ZBA 23 Charles St. R-2
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DECISION ON THE PETITION OF ADELBERT ST. PIERRE FOR A VARIANCE
AND/OR SPECIAL PERMIT FOR 23 CHARLES ST. , SALEI✓
A hearing on this petition was held February 19, 1986 with the following Board
Members present: Edward Luzinski, Ad}�gLFher"10414tsrs. , Charnas, Strout and
Associate Members Bencal. Notice of the hearing was sent to abutters and others
and notices of the hearing were propqvijyj-,advertised in the Salem Evening News 'in
accordance with Massachusetts General Laws Chapter 40A.
CITY C_ !".ShIEk.MASS.
Petitioner, owner of the premises, ' requests a Variance and/or Special Permit to
allow an apartment to be constructed over an existing garage 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 Permist 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 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 Variance which has been been requested may be granted upon a finding by .the
Board that:
a. special conditions and circumstances exist which especially affect
the land, building or structure involved and which are not generally
affecting other lands, buildings and structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would in-
volve substantial hardship, financial or otherwise, to petition; and
c. desirable relief may 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.
The Board of Appeal, after hearing the evidence presented at the hearing, and
after viewing plans of the property, makes the following findings of fact:
1 . Vigorous opposition was presented to the plan;
2. The garage predates the effective date of the Ordinance;
3. The garage is right on the lot line of the premises, and is close to
the house of an abutters;
4 . Use of part of the garage as an apartment or dwelling unit would
greatly impact on the aforementioned abutters privacy.
DECISION ON THE PETITION OF ADELBERT ST. PIERRE FOR A VARIANCE
AND/OR SPECIAL .PERMIT FOR 23 CHARLES ST. , SALEM
page two
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 appropriate relief petitioner seeks is a Special Permit;
2. The relief requested would be substantially detrimental to the
public good, and would not promote the health, safety or welfare
of the public.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, against granting
the relief requested.
SPECIAL PERMIT DENIED
Scott E. Charnas, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
!=SELS'JALL EE M; DE PUESUANT TO SECTION 17 CF 1HE 'J..'.
LASS, CH''J":'R €d3, AND SHELL CE F!L[b PlIIHIN 20 DAYS AFTER THE Cti':E OF F1'J:J
OF TF:',S C'Ei!S!(L'i IN THE CF.. 'E OF THE CITY CLERK.
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E—RE!'N °tin:"'- TnE OPT.
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F is T; r1 Of THE Cil CLERA +ii T 20 DA)S Ht,E ELAPSED AN,) lit; FEAL H''S I. FILED,
LE 'HAT'. IF SUCH AE' APPEAL HAS BEEN FI-E, THAT IT HAS BEEN DIS'XSED OR CEJr_' IS o
REL'ORCED IN THE SJUiH ESSr_7: REGISTRY OF DEEDS AND INDEXED UNDER THE NAIriE 6F THE
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL