96 ESSEX STREET - BENOIT, R AIMEE - ZBA 96 Essex St. R-2
R. Aimee Benoit `
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DECISION ON THE PETITION OF R. AIMEE BENOIT FOR A SPECIAL
PERMIT AND A VARIANCE AT 96 ESSEX ST. (R-2)
A hearing on this petition was held June 17, 1987 and continued to June 24 , 1987
with the following Board Members present: James Hacker, Chairman; Richard A.
Bencal, Secretary; Messrs. , Fleming, Luzinski and Associate Member Labreque. Mr.
Labrecque, however, was absent from the June 24, 1987 meeting. Notice of the
original 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.
Petitioner is requesting a Special Permit to allow a three family and
is also
requesting-a Variance from minimum parking in this R-2 zone.
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 is Section
VIII F and IX D, grant Special Permits for alterations and reconstruction of non-
conforming 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 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 Variance which has been requested may be granted upon a finding of the
Board that:
a. special conditions and circumstances exist which especially affect
the land, building or structure involved and which are not generally
affecting other lands, buildings and structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner; and
c. desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented at the
hearing, makes the following findings of fact:
1 . Evidence submitted by the petitioner in the form of copies of
y the "Polk Directory" and City Directories indicate the building
has been used as a three family since before 1900;
1
DECISION ON THE PETITION OF R. AIMEE BENOIT FOR A SPECIAL PERMIT
AND VARIANCE AT 96 ESSEX ST. , SALEM
page two
2. Utility meters for three residences are and have been in place
for a long time;
3. Presently, no parking exists and the three family use would not
change this;
4. No opposition was presented.
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 . Special condition exist which especially affect the subject property
but not the district generally;
2. Literal enforcement of the Ordinance would involve substantial
hardship to the petitioner;
3. The relief requested can be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the
Special Permit, subject to the following conditions:
1 . All conditions of the Salem Fire Dept. relative to smoke and fire
safety be adhered to;
2. No exterior additions are to be made to the building;
f 3. A Certificate of Occupancy for each unit be obtained;
4. A legal building permit be obtained;
i
5. All renovations be done as per all City and State Building Code
and as. per plans submitted.
The Board of Appeal also voted unanimously, 4-0, to grant the Variance requested
subject to the following conditions:
1 . The petitioner obtain three parking spaces from the Salem Off
Street Parking Commission at its nearest facility if said Commission
agrees.
SPECIAL PERMIT & VARIANCE GRANTED
-
chard A. BencalSecretary
APPEAL FRO A TH!S DE ISIO. I- f:;;Y. SHALL BE L!A� R ' �T I�.v�� -
GENERAL Laws. cF,p FQO SB�Fc dA�r Y�r'Ft T lV � E PLANNING BOARD AND THE CITY CLERK
OF THIS OFO!S!C:N IN THE OFF!..^.E OF THE CITY CLERK.
CHAFFER £.S. SECT L^i• 11, THE Vn3!AF.CE OP ^PECIGL PFR:'IT
CRA:aED HEREI!( SHALL NO, TAKE EF7ECT UNTIL A COPY OF THE.^.ECISI_N. BEAI.i_: THE CERT
FICATION OF THE CIiY CLERK. THAT 20 DAYS HAVE EL'PSED AHU NO APPEAL HAS BEET; FILED,
IOR THAT, IF SUCH AN APPEAL HAS BEEN FILE, THFT IT HAS DEEM DISA'ISSED OR C ;C EC IS
:RECORDED IN THE SOUTH ESSEX, REGISTRY OF DEEDS AilD IIi DEkEC UNDEP. THE Nr E OF THE OWNER
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
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