47-49 LEACH STREET - FADDEN, PETER M - ZBA 47-49 Leach St. R-2
Peter M. , Fadden
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DECISION ON THE PETITION OF PETER & DEBORAH FADDEN
FOR A SPECIAL PERMIT FOR 47-49 LEACH , T. , S,A1E `
A hearing on this petition was held November 28, 1984 with the following Board
Members present: James Hacker, Chairman; MeCs�s. , Charnas,- Luzinski, Strout and
Associate Member LaBrecque. Notice of the hearj)g. 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.
Petitioners, owners of the property, are requesting a Special Permit to convert a
two family dwelling dwelling into a three family dwelling 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
pf Appeal may, in accordance with the procedure and conditions set forth in Section
III F and IX D, grant Special Permits for alterations and reconstruction of non-
conforming structures, and for changes, enlargement, extension or expansion of non-
i m H conforming lots, land, structures, and uses, provided, however, that such change,:
nexten:ion, enlargement or expansion shall not be substantially more detrimental
W - W ,Ihan pne existing nonconforming use to the neighborhood.
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mope general terms, this Board is, when reviewing Special Permit requests,
- _ tg;Ldej by the rule that a SpecialPermit request may be granted upon a finding
th@ Board that the grant of the Special Permit will promote the public health,
G " s = osafety, convenience and welfare of the City's inhabitants.
�e Board of Appeal, after hearing the evidence and viewing the plans presented
= n- ` z the hearing, makes the following findings of fact:
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1 . Vigorous opposition was presented by neighbors;
_ _ v = tz 2. A majority of houses in the area are two family;
r h = 3. The area is densely poplulated and already plagued with parking
problems which this plan would exacerbate.
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gn the basis of the above findings of fact and on the evidence presented at the
bearing, the Board of Appeal concludes as follows:
= = 1 . The relief requested would substantially detract from the two family
character of the neighborhood and thus be substantiall detrimental
to the public good.
c r 'herefore, the Zoning Board of Appeal voted 5 - 0 against granting the requested
Special Permit. The request is therefore denied.
SPECIAL PERMIT DENIED
Scott E. Charnas, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK