21 CLARK STREET - CALVANI, RONALD - ZBA 21 Clark St, R-1
Ronald Calvani
e �..co•ar4� .
c k (f itu of 43ttlrm, �✓�ttnadjusett$
Puxrb of AppeA
+<0141't w
DECISION ON THE PETITION OF RONALD R. CALVANI FOR A SPECIAL PERMIT FOR
21 CLARK STREET, SALEM, MASS.
A hearing on this petition was held on September 19, 1984 with the following
Board Members present: Scott Charnas, Secretary, Messrs. Edward Luzinski &
Peter Strout, Associate Members, Richard Bencal and Arthur 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 40 A.
Petitioner requests a Special Permit to allow him to continue to run a
business restoring antiques and antique lighting in this R-1 district.
Petition was previously granted a Special Permit for the same purpose which
has expired. Petitioner owns the premises.
The provision of the Salem Zoning Ordinance which is applicable to this re-
quest 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 hearing the evidence presented at the hearing, makes
the following findings of fact:
1. No opposition was presented to the petition;
2. Petitioner has conducted his business for at least three years at this
location without any substantial negative effect on the neighborhood.
On the basis of the above findings of- fact and on the evidence presented at
the hearing, the Board concludes as follows: p
C=1
v -
J
<.
DECISION ON THE PETITION OF RONALD R. CALVANI FOR A SPECIAL PERMIT FOR
21 CLARK STREET, SALEM, MASS.
page two
1. The relief requested does not create a substantial detriment to
the public good, nor does it substantially derogate from or
nullify the intent or purpose of the Ordinance.
Therefore, the Board of Appeal voted 5-0 to grant petitioner's request for a
Special Permit, provided that:
1. The Special Permit is to be in effect for only so long as Mr. Calvani
himself resides on the premises;
2. A certificate of compliance for approved smoke detectors must be
obtained;
3. All conditions of the original decision of this Board, granting
petitioner the right to conduct his antique business on the premises,
must continue to be observed by petitioner. The original decision is
to be filed with .this decision.
Scott E. Charnas, Secretary
J _
A�OPY .OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
_ I _
�- c_:: -
c -
Li
� U
APPEAL FRC" THIS DECISION. IF AHY, SHALL BE MADE PU'PSUANT TO SECT',ON 17 OF THE VA.SS.
GENERAL LUt'S, ':'APTER 8C2, AND SHALL i:E FiLED 4i'.HIN 20 DAYS A:IER THE DATE OF FILIN3
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PUSS.'.3T TO W".SS. UNERAL LAK';, CH:;FTER SC8. SECT!CN 11, THE VA"n IA%CE C.. .,77!4L PER:, T
C RANT ED HEREIN, SHALL NOT TAY.E EFFECT UNTIL A COPY OF THE DECi31:!:L BE:317.: THE C-2T-
FICATI6N OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED ASID FiO BPPEAL HAS BEEN FLED.
OR THAT, IF SUCH AN APPEAL HAS 6E EN FILE. THAT IT HAS 6 7U Ci;x.11:,ED OR D:",IES IS
RECORDED IN THE SOUTH ESSEX P,EMTRY OF DiECS AND INDEXED UNCER THE 1vAtAE CF THE
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL