137 NORTH STREET - KEOUGH & MAHEGAN, EDWARD & DONALD - ZBA 137 North St. R-2
Edward Keough &
\ Donald Mahegan —
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DECISION ON THE PETITION OF EDWARD. KEOUGH & DONALD MAHEGAN
FOR A SPECIAL PERMIT FOR 137 NORTH IST.
A hearing on this petition was held November 12, 1986 with the following Board
Members present: James Hacker, Chairman; Messrs. , Bencal, Fleming, Luzinski and
Strout. Notice of the hearing was sentito 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, owners of the property, are requesting a Special Permit to
convert a two family into a three family 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 forthlin Section VII F and IX D,
grant Special Permits for alterations and reconstruction of
nonconforming structures, and for changes, enlargement, ex-
tension or expansion of nonconforming lots, land, structures,
and uses, provided, however, that such change, extenstion,
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 Clity's inhabitants.
The Board of Appeal, after careful consideration of the evidence presented, and
after viewing the plans, makes the following findings of fact:
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1 . There was no opposition;
2. There is available space for off street parking a this location;
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . The proposed use will promote the health, safety, convenience
and welfare of the City's inhabitants
2. The relief requested may granted without substantial detriment
to the public good and without nullifying or substantially
derogating from the intent of the district of. the purpose of
the Ordinance.
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DECIS"7C?i ON THE PETITION OF EDWARD KEOuGH & DONALD NAGHEGAN
FOR A SPECIAL P =';IT FOR 137 NORTH ST. , SALEM
Therefore, the Zoning Board of Appeal voted unanJmously, 5-0, to grant the
Special Permit requested, subject to the followin.7 conditions:
1 . Six (6) on site parking spaces must be maintained as per plan
submitted;
2. Owner occupancy must be maintained by a trustee of the Realty Trust of
a beneficiary. In the event this property is sold this ccn:dition must
be maintained or the structure reverts back to a two fafil_,;
3. A Certificate of Compliance be obtained from the Salem Fire Prevention
Bureau relative to the installation of smoke detector;
4 . A fence on the Northerly side of the property shall be maintained
as to serve as a buffer zone for the parked cars;
A Certificate of Occupancy must be obtained.
SPECIAL PERMIT GRANTED
1
ames B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
AF"Er.! FRO" THIS DE`ISION, IF ANY, SHALL BE S'.A.DE PJP,S1JAtIT TO SECTION' 117 CF T4E .
_NE3A! LAT:S. CH='.P.: C:'3, Ai:u S"LL Bc F!'-= CLERK. 26 CAYS AriER THE DATE OF EL:':J
CF THIS DEtISIJN 1:: ?YE OFF iGE OF TY.. T CLERK.
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` BDARDFOF APPEAL
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