8 GOODELL STREET - SMITH, ROBERT & MARIA - ZBA 8 Goodell St, R-1
Robert & Maria Smith
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DECISION ON THE PETITION OF ROBERT AND MARIA SMITH FOR A SPECIAL PERMIT
FOR 8 GOODELL STREET, SALEM, MASS. -
A hearing on this petition was held on September 19, 1984 with the Follow±ng
Board Members present: James Hacker, Chairman; Scott Charnas, Secretary,
Messrs. Robert Gauthier, Edward Luzinski and Peter 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 40 A.
Petitioners, owners of the premises request a Special Permit to allow them
to build a garage on the premises, in an R-i district despite the fact that
the building will not conform to minimum rear setback and distance between
building requirements of the ordinance.
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 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 Bearb 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. The proposed construction will not substantially affect the abutters
or the neighborhood in any way.
On the basis of the above findings of fact, and on the evidence presented at
the hearing, the Board concludes as follows:
1. The relief requested does not create a substantial detriment to
the public good, nor does, it substantially derogate from or
nullify the intent or purpose of the ordinance.
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DECISION ON THE PETITION OF ROBERT AND MARIA SMITH FOR A SPECIAL PERMIT
FOR 8 GOODELL STREET, SALEM, MASS.
page two
Therefore, the Board of Appeal voted 5 to 0 to grant the relief requested,
provided that:
1. No unregistered automobiles are allowed on the premises;
2. Construction work must be between 7:00 A. M. and 3:00 P. M.
3. The garage must not be used for commerical purposes.
Scott E. Charnas, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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FIC;T!3N C, THE CIT} CLERS Ti,AT 20
DFiS FA'- ELnFSED A):1 i;D ? _ HAS E'
CR Tr.'AT, IF S:CH A!i APPEAL HAS BEEN FILE. Tr.AT IT HAS G°.-,: F:, D. .
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS A'!D H,,DEY.EO Ui;E`EP• .HE F;i,:;:E CF Ti;--
OF RECORD OR IS RECORDED AND NOTED ON THE OVYNER'S CERTIFICATE OF 1;TLE.
BOARD OF APPEAL