38 ENDICOTT STREET - SPINALE, JOHN - ZBA 38 ENDICOTT STREET -
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'82 MAR 17 A10 :49
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DECISION ON THE PETITION OF JOHN SPINALE FOR CITY CLE"Rt I� : .SSSSt SS ICE
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A SPECIAL PERMIT FOR 38 -ENDICOTT STREET .
A hearing on this petition was held on March 10, 1982 with the following
Board Members present: Douglas Hopper, Chairman, Messrs. Hacker, Piemonte,
and Feeherry and Associate Member Luzinski. 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 Petitioner has requested a Special Permit to convert the $econd
floor of the existing structure on the site into a studio apartment. The
property at 38 Endicott Street is in an R-2 zoning district; however,
the property. is also subject to the terms of a prior decision of this Board
which can be interpreted as limiting the use of the property to its current
non-conforming use as a garage. Thus, Petitioner's request constitutes a
request for a change in a nonconforming use.
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 Sectin VIII F and IX D, grant
Special Permits for alterations and reconstruction of nonconforming struc-
tures, and for changes, enlargement, extension or expansion of noncon-
forming 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.
The Board, after considering the evidence at the hearing on this matter, -
makes the following findings of fact:
1) The proposed use is in keeping with the residential character of
the neighborhood.
2) The proposed use was not strenuously opposed by any neighbors. '
On the basis of the above findings of fact and on the evidence presented
at the public hearing, the Board of Appeal finds (i) that the proposed use of
the property will not be substantially more detrimental than the existing
use to the neighborhood, (ii) that the proposed use of the property will
promote the public health, safety, convenience, and welfare, and (iii) that the
proposed use of the property is in harmony with the Salem Zoning Ordinance.
^ Accordingly, the Board unanimously approves the granting of a Special Permit
DECISION - JOHN SPINALE - MARCH 10, 1982 '82 MAR 17 810 :49
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to the Petitioner.
The Special Permit is therefore granted in accordance with the followng
terms and conditions:
1) The second floor of the structure at this site may be used
for a studio apartment as shown on plans submitted .to the Board.
2) :- The Petitioner shall comply with all applicable provisions of *lass.
Gen. Laws and the State Building Code relating to smoke detectors.
3) Plans for smoke detector(s) shall be submitted to the Salem fire
Marshal for stamped approval.
4) One parking space shall be maintained at the site
for use by the occupant of the studio apartment.
Antho y M. Feeherf l
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A COPY OF THIS DECISION AND PLANS HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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