18 MARCH STREET - KIERAN, JOHN E - ZBA 18 March St. R-2
John E. ; Kieran
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DECISION ON THE PETITION OF JOHN E. KIERAN FOR A SPECIAL PERMIT
FOR 18 MARCH STREET, SALEM, MASS,
C IT l
A hearingon this S,.
petition was held on October 17, 1984 with` the following
Board Members present: Acting Chairman, Edward Luzinski, Secretary, Scott Charnas,
Messrs. Gauthier and Strout. 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.
The petitioner, owner of the premises, requests a Special Permit to allow
him to raise the existing roof from 2, to 3 stories (i.E, from 35 feet to
37 feet) to allow for two additional bedrooms. The premises is in an 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 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 and
viewing the plans, makes the following findings of fact:
a,
1. No opposition was presented to the plan;
2. The proposed changes will have no substantial effect on the
neighbors or the neighborhood
On the basis of the above findings of fact and on the evidence presented
at the hearing, the Board concludes as follows:
1. The proposed change is not substantially detrimental to the
public good nor does it derogate from the intent or purpose
of the Zoning Ordinance.
Therefore, the Board of Appeal voted 4 to 0 to grant the petitioner's
DECISION ON THE PETITION OF JOHN E. KIERAN FOR A SPECIAL PERHIT,-'OR
— 18 M,.RCH STREET, SALEM, MASS,
PAGE TWO
request to raise the existing roof from 35 feet to 37 feet abs more PCIZy 'I
particularly described on the plan submitted to the Board, ,FprgQyided
that petitioner obtain a Certificate of Occupancy. PETITItlNIIOJR NTED. ;CE
Scott E. Charnas, Secretary
A COPY OF THE DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
i HIS D.C'c I'.il. SHALL EE t:ADE PURSUANT TO SECTION 17 OF THE t'ASS.
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