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DECISION ON THE PETITION OF JOHN AND SALLY KELSEY FOR A SPECIAL PERMIT AT
37 DEARBORN STREET (R-1)
A hearing on this petition was held on April 19, 19£9 with the following
Board Members present: James M. Fleming, Chairman; Richard A. Bencal,
Vice Chairman; John R. Nutting, Secretary; Edward Luzinski and Peter Strout.
Notice of the hearing was sent to abutters and others and notices were
properly published in the Salem Evening News in accordance with M.G.L. C.40A.
Petitioners, owners of the property, are requesting a Special Permit to allow
attachment of a two-car garage with storage above, a mud room and extension
of kitchen in this R-1 zone. Petitioners were represented by Attorney John
R. Serafini, Sr.
The provision of the Salem Zoning Ordinance which is applicable to this re-
quest 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 Appeals 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 struc-
tures, and for changes, enlargement, extension or
expansion of nonconforming lots, land, structures,
and uses, provided, however, that such change, ex-
tension, 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 find-
ing 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 consideration of the evidence presented at the
public hearing, makes the following findings of fact:
1. Several letters were submitted in favor of the plan;
2. No opposition was submitted to the plan;
3. The proposed site is the only realistic place for the addition;
4. The addition will not be substantially more detrimental to the
neighborhood;
5. The placement of the addition in the proposed location would be in
harmony with the architecture of the existing dwelling.
DECISION ON SPECIAL PERMIT AT 37 DEARBORN 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 proposed additions will not be substantially more detrimental to
the neighborhood;
2. The proposed additions will promote the convenience and welfare of
the inhabitants.
Therefore, the Zoning Board of Appeal voted 4-1 (tor. Fleming opposed) to
grant the Special Permit requested subject to the following conditions:
1. All construction and dimensions are to be as per the plans submitted
with all construction to be done as per existing City and State
Building Codes and by legal building permits;
2. Petitioners meet all requirements of the Salem Fire Dept. ;
3. A Certificate of Occupancy for the additions be obtained;
4. New exterior finishes be in harmony with the existing finishes;
5. The space above the garage shall not be used as an in-law apartment
or dwelling unit.
SPECIAL PERDIIT GRANTED
Xa/'/�24w;
- �
Richard A. Bencal
Vice Chairman, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERK.
APPEAL FROM THIS DECISION. IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MATS.
GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
�F THIS DECISION H1 THE OFFICE OF THE CITY CLERK.
P0;=NT TO MASS. GENERAL LAWS. CHAPTER 808, SECTION It. T!T `! ^,C.i1CF bR SPECIAL PERiAIT
'I.>I.ED HEREIN, SHALL NOf TAKE EFFECT UNTIL A COPY CF 1NE C'iT-
._,. .. ..;. 'HE CITY CLERK THAT 20 DAYS HAVE ELAPSED 0;! Y.. A•Y
„R ilhl, IF SUI.H AN APPEAL HAS BEEN FILE, THAT IT hAS D':E.: ,k i:..... '�
RECORCED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDE,EC a. :''Li: I'Hc .,A.:iE
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL