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DECISION ON THE PETITION-OF BEVERLY AND JOHN PASQUARELLO
FOR A SPECIAL PERMIT FOR 1 CYPRESS STREET �s„ lq t �1 pit 0')
A hearing on this petition was held on May 12, 1982;with the -fol'low' ing
Board Members present: Douglas Hopper, Chairman, Messrs. Hacker, Piemonte and
Feeherry. 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.
The Petitioners have requested a Special Permit toconstruct a 9 1/2' x
9 1/2' addition to the first floor of the property in question. The addition
will extend the existing non-conforming structure on the property.
The property is within a'R-2 district. The structure on the property
is currently non-conforming by virtue of the fact that it encroaches in to
the minimum sear yard setback.
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 non-
conforming 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.
The Board, after considering the evidence at the hearing on this
matter, makes the following findings of fact:
(1) The proposed addition will have a negligible effect on the
area and constitutes an almost de minimus extension
of the existing non-conformity.
(2) The proposed addition was unopposed.
DECISION ON THE PETITION OF
BEVERLY AND JOHN PASQUARELLO
FOR A SPECIAL PERMIT FOR
1 CYPRESS STREET
Page Two
On the basis of the above findings of fact and on the evidence presented
at the public hearing, the Board of Appeal finds (1) that the proposed use
of the property will not be substantially more detrimental than the existing
use to the neighborhood, (ii) that the proposed use of the property will
promote the public health, safety, convenience, and welfare, and (iii) that
the proposed use of the property is in harmony with the Salem Zoning Ordinance. ,
Accordingly, the Board unanimously approved the granting of a Special Permit
to the Petitioners.
The Special Permit is therefore granted in accordance with the following
terms and conditions:
(1) A 9 1/2' x 9 1/2' addition to the first floor of the property
may be constructed at the site.
(2) The proposed addition shall conform to the plan submitted
to and filed with the Board.
Anthony M. Feeherry, Secretary
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COPY OF THIS DECISION AND PLANS HAS BEEN FILED WITH THE PLANNING BOARD AND
CITY CLERK.
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