58 ENDICOTT STREET - ELLIS & SPINAZOLA, JOSEPHINE & ROSEMARIE - ZBA 1
Endicott St. R-2
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Josephine Ellis & I
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DECISION ON THE PETITION OF JOSEPHINE ELLIS & ROSEMARl T',' 4i 6 r FjrE
FOR A SPECIAL PERMIT FOR 58 ENDICOTT ST. (R-2) '�`
A hearing on this petition was held on April 25, 1984 with the following Board
Members present: James Hacker, Chairman; Messrs. , Hopper, Strout and Associate
Members Bencal and LaBrecque. 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.
Petitioners are requesting a Special Permit to convert the existing two family
dwelling into a three family dwelling by adding a basement apartment 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 forth in Section VIII F and D,
grant Special Permits for alterations and reconstruction of
nonconforming structures,a nd for changes, enlargement, ex-
tension or expansion of nonconforming lots, land, structures
and uses, provided, however, that such change, extension, enlarge-
ment 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, makes
the following findings of fact:
1 . No opposition to petitioners plan was raised at the hearing.
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 Special Permit which has been requested will not be
substantially more detrimental than the existing use to
the neighborhood.
Therefore, the. zoning Board of Appeal voted unanimously in favor of granting
the petitioners the requesting Special Permit to allow conversion from two family
dwelling to three family dwelling under the following terms and conditions:
DECISION ON THE PETITION OF JOSEPHINE ELLIS &
ROSEMARIE SPINAZOLA FOR A SPECIAL PERMIT FOR
58 ENDICOTT STREET, SALEM
page two
1 . Five parkings spaces on site be maintained in accordance with plans
submitted to the Board;
2. A Certificate of Occupancy be obtained prior to renting;
3. The use of the property is conditioned upon the continued ownership
of the property by the petitioners. In the event that the petitioner
ceases to own or occupy the property, the property shall revert back to
its prior use as a two family dwelling. Provided, however, that nothing
in this decision shall be interpreted to prevent a reapplication to this
Board in the event that petitioner ceases to own the property.
aures B. Hac er, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
17 CF
"- APPEAL FROM i}IIS DECISION IF A Y, SHALL BE MULE PURSUANT TO SECTIO THE CAi THE 1FFUSIS.
GENERAL LAWS. CHA:°TER V3. AND SHALL B: FILE[: V:
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