5-7 GREEN STREET - DE LEON, F J PONCE - ZBA 5 - 7 Green St, R-2
Nicholas DelTorto (Pet)
F.J. Ponce De Leon (owner-
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Ctg of ttlem, 'Mttssar4usetts
, Foam of Ovral
DECISION ON THE PETITION OF NICHOLAS DELTORTO FOR
A SPECIAL PERMIT FOR 5 - 7 GREEN ST. SALEM .
A hearing on this petition was held November 28, 1984 with the following Board
Members present: James Hacker, Chairman; Messrs�.y'.'Charnas, Luzinski, Strout and
Associate Member 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 Law Chapter 40A.
Petitioners request a Special Permit to allow them to convert a two family dwelling
into a three family by adding a basement apartment. The premises, in an R-2
district, is owned by F. John Ponce de Leon.
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 nad 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 hearing the evidence and viewing the plans presented
at the hearing, makes the following findings of fact:
1 . No opposition to the plan was presented;
2. The neighborhood is mostly two and three family dwellings, with
elderly housing a few lots away;
3. The relief requested will not substantially detract from the
neighborhood.
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 relief requested will not substantially derogate from nor
nullify the intent or purpose of the Zoning Ordinance;
2. The relief requested will not be a substantial detriment to the
public good.
i
DECISION ON THE PETITION OF NICHOLAS DELTORTO
FOR A SPECIAL PERMIT FOR 5-7 GREEN ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted 5 - 0 to grant the Special Permit
requested, provided that:
T . Five parking spaces be provided on premises, to be laid out at
the discretion of the Buif84ngDP&p�ctog;,j ;,
2. The Special Permit be in t f�cr. for only_ so long as the premises
is onwer occupied; I ' CE
3. The occupancy conforms to all applicable provisions of the Salem
Fire Code and the Massachusetts Building Code;
4. The premises must conform to the state regulations concerning
hardwired smoke detectors.
SPECIAL PERMIT GRANTED
Scott E. Charnas, Secretary
A COPY OF THIS DECISION AND PLANS HAVE BEEN FILED WITH THE PLANNING BOARD AND
THE CITY CLERK
A"r Pc`.L FCG7. Tail: GCIZf 2.i:, !` A'IY. SHALL BE MA^E PUPSU;J:T TO SECTIOfd 17 or TCE fl"SS.
G EI'i 2iAL L%.:!>. CIi FFTER BOB. Fill SiI:,L(. EE FIL�ED� 1'i r.hl.'i 2C DAYS AFTEF. THE DATE OF Fi'J :G
GF TFi!S G:_ISIGif !;i THE ^iFtG`_ OF Ti.`_ D!II GLr_k'd.
-.� c ]1 THE \ -c,t' r OF cPc''I'_ FEP,"IT
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RcC..R_cD ;i. THE SJLiH ESS E:. PE. fF'( CF Dcr D li E EJ ATE OF r- i..,:•- OF Tn`_ O6'`ER
OF RECORD OR IS RECORDED AND NOTED 0\ THE O6;1 LRS CERTIFICATE Gr Tli cE.
BOARD OF APPEAL