5 NURSERY STREET - MOULTON, THOMAS & CONSTANCE - ZBA 5 Nursery St. R-2
Thomas & Constance Moulton
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DECISION ON THE PETITION OF THOMAS & CONSTANCE MOULTON FOR
A SPECIAL PERMIT FOR 5 NURSERY STREET
A hearing on this petition was held on August 27, 1986 with the following Board
Members present: James Hacker, Chairman; Messrs. , Bencal, Fleming, Luzinski 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 40A.
The petitioners are the owners of :the property, and ae requesting a Special Permit
to allow the use of the property at 5 Nursery Street as a three (3) family. The
property is located in an R-1 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 Section VIII F and IX D,
grant Special Permits for alterations and reconstruction of noncon-
forming 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 Baord 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 careful consideration of the evidence presented at the
hearing, makes the following findings of fact:
1 . The neighb6Aood is a heavy residential area, predominently
one and twoifamily homes;
2. Nursery Street has heavy vehicular traffic, being a main route
to Beverly;
3. Serious problems with traffic already exist on Nursery Street;
4. The petitioner offered no parking plan to the Board for its
consideratidn;
5. The petitioner had no plans to keep the building owner occupied.
.x A
DECISION ON THE PETITION OF THOMAS & CONSTANCE MOULTON FOR
A SPECIAL PERMIT FOR 5 NURSERY ST. , SALEM
page two
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board. of Appeal concludes as follows:
1 . The relief requested cannot be granted without substantial detriment to
the public good and wihtout nullifying or substantially derogating from
the intent of the district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted 3-2 (Mr. Fleming and Mr. Bencal
opposed) against granting the Special Permit requested.
DENIED
es M. Fleming, Membe
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
DLLI°IDN. IF 6N'i, SHALL BE t/.ADE PDRS'JANT TO SECT:^.'! 17 OF
P?EF E _ Fr SH1.LL BE F4ED i.:.H.N 20 DAYS AFEP THE DATE Sr r
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OF RECORD OR IS RECORDEO AND I OUD OR THE 0 vI LR S CER iE OF TIi�E
BOARD OF APPEAL.
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MORTGAGE INSPECTION
BAY STATE SURVEYING SERVICE INC.
234 CABOT ST. , BEVERLY, MA. �j
LOCATION : �A�t� MAss, TO ...�....NG eMh ......1?! ^ n,i............................. ,
......... .... ............c......... .................
SCALE : 1" = 30 FT. DATE : ,-Noy. IZ, IgES I hereby certify that I have examined the premises and that the
REFERENCE : ,tDro._cig. + 57I ern 713 building (s) shown on this plan are located on the ground as
f�tco c_n�ao (r Tite--Essw _Savnt show and that they conformedr �tloytthee zoningsetbackof the
constructed.
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NOTE : This is a Mortgage Inspection survey and not The building(s) are not located in the special flood hazard
an instrument surveY, therefore this plot pion Is for
zone, as defined by H.U.D.
mortgage Inspection purposes only, --____
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THIS SURVEY IS BASED ON
aSURARKERS OF OTHERS,
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