396 ESSEX STREET - CLARK, DAVID & DEBROAH - ZBA 396 Essex St. (R-2)
- - - — -- — — -- — ---- David & Deborah Clark
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DECISION ON THE PETITION OF DAVID & DEBORAH CLARK FOR m N
A SPECIAL PERMIT FOR 396 ESSEX ST. , SALEM
A hearing on this petition was held March 27, 1985 with the following Board
Members present: James Hacker, Chairman; Messrs.-, Charnas, Gauthier, 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.
Petitioner is requesting a Special Permit to convert carriage house into a
single family dwelling 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
IX D, grant Special Permits for alterations and reconstruction
of nonconforming "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 Board of Appeal, after careful consideration of the evidence presented at the
hearing and after, viewing plans of the property, makes the following findings
of fact:
1 . Buildings were built sometime before 1874 and 1876;
2. Would improve the neighborhood;
3. The neighborhood was in favor;
4. There was no opposition;
One 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 use will promote the health, safety, convenience
and welfare of the City's inhabitants;
2. The relief requested may be granted without substantial detriment
to the public good.
DECISION ON THE PETITION OF DAVID & DEBORAH CLARK
FOR A SPECIAL PERMIT FOR 396 ESSEX ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously 5 - 0 to grant the
petititioner the requested Special Permit to use the carriage house as a single
unit and to change the main structure into three separate units under the
following terms and conditions:
1 . Tpe main house to have three rental units and the carrage house
to contain one rental unit;
2. No windows in rear of the building with exception of velux windows
on the second floor;
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3. Must maintain six (6) parking spaces on premises; W <
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4. A Certificate of Occupancy must be obtained. mm a
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SPECIAL PERMIT GRANTED Ln CD
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f*1 Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FROM THIS DECISION• 6- ANY, SHALL BE RIADE PURSUANT TO SECTION E A THE f<FILIN
GENERAL LAWS. CHAPTER 8`78. AND SHALL BE PLED WITHIN 20 DAYS AFTER THE DATE OF FILING
mac:{F iA;i S, CH".PTER 808. SECTICiJ 11. THE VF.RIANCE OR SP`_CIAL PER''!T
OF TRIS DECISION IN THE OFFICE GF THE CITY CLERK. c J
„i^,,, B AK1 i. THE CERT
-:.F.S R'.. J FILED.
2i _ EMAP-EO %;�D NO APPEAL H S B`
\� T-:'.E EFFECT UNTIL P, COPE OF THE I SED OR CEN!ED IS
HAS BEEN DIS':, ,, r"'
FICAT:J^ GF THE C!TY CLEF>, iHAf i DAYS HAVE AND INDEXED Ut,'DE-, THE NAGE OF THE OW..u;
OR THAT, IF 5j;2 A`a APPEA'- HHS BEEN FILE, iHA: 1T
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDSOF
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE BOARDOFAPPEAL
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PARKING 'PLAN
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39E Essex Street
Salem, Massachusetts
February '28, 198'D' ,
xFrmn 11MORTGAGE SURVEY PLAN"
= —•—PROPER TUNE
;.By Bay StateSurveying Service ?
Apri] 2; 1981
PETITION FOR SPECIAL PERMIT AT
10 Essex Street
SALEM, MASSACHUSETTS
We , the undersigned ,. have reviewed:
1 . the Application of David and Deborah'
Clarke, owner(s)
of R96 Essex Street, Salem, Massachusetts , for a
Proposed special permit to convert an existing historic
carriage house for a single dwelling unit ; and
2 . the plan to be suhmi.tted at the scheduled hearing by
the Salem Board of Appeals on the Application: and
we support the grant of this special permit by the City of Salem
Board of Appeals.
NAME (SIGNATURE) _ NAME (PRINT) ADDRFSS ,
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ROBERT J. CROWLEY
,/Cher bttlem, tt. D1970
Date: March 27, 1985
City of Salem RE: 396 Essex Street
Board of Appeal David And Deborah Clarke
One Salem Green
Salem, MA 01970
Sirs:
As a result of the notice received concerning the Board of Appeal hearing for
the above listed name and address, the Salem Fire Department requests the
following items to be placed on record:
The Salem Fire Department has no objection to the granting of a Special Permit
for the above listed property.
espectfully,
Orman P. LaPointe
Fire Inspector
cc: Appellant
Building Inspector
File
Form #105