19 HANCOCK STREET - NELSON, CHARLES & BEV - ZBA 19 Hancock St. R-2
Charles & Bev. Nelson
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DECISION ON THE PETITION OF CHARLES AND BEVERLY NELSON FOR A SPECIAL PERMIT
FOR 19 HANCOCK STREET, SALEM, MASS.
A hearing on this petition was held on September 19, 1984 with the following
Board Members present: Scott Charnas, Secretary, Messrs Edward Luzinski and Peter
Strout, Associate Members, Richard Bencal and Arthur 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 40 A.
The Petitioners, owners of the premises, request .a Special Permit to build a
third dwelling unit in an existing two family home 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 Permit
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 presented at the hearing and
viewing the plans, makes the following findings of fact:
1. No opposition was presented to the plan;
2. Petitioners have sufficient on-premesis non-piggyback parking to
allow the addition of a third unit without negatively impacting
upon the neighborhood's parking problems.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Board concludes as follows:
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1. The relief requested can be granted without creating a svbstaulial
detriment to the public good, and without substantial 1�'d'erogging =7
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DECISION ON THE PETITION OF CHARLES AND BEVERLY NELSON FOR A SPECIAL PERMIT
FOR 19 HANCOCK STREET, SALEM, MASS.
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from or nullifying the intent or purpose of the ordinance.
Therefore, the Board of Appeal voted 5 - 0 to grant the Special Permit requested,
provided that a Certificate of Occupancy be obtained.
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Scott E. C arnas, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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APPEAL FRO;d ,H!S GECI31^.iV. 1: F,";Y. `..�.LL BE .'.fAJ= P::, ^{:ilii TO S1,1:'N
GENERAL LA4:'S. CIIAPi Ek 805. Ail) SH."LL Afic: (Pr CA.E fCF iILi'!3
OF THIS DECISION IN THE OFFICE OF THE CITY CLER:t'
PURSANT TO MASS. GEAER:,! LAI';-,, CHAPTER SCS, S°CT:ON 11. THE VARLA"C° O' :;is �A! "". '.IT
• GP.Ai4TEb HEREIN, SHALL NOT TATE EFFECT UNT;L A CCPY OF THc-"EC:S;S;I. L'Ek';:!; Aur tC m-
FICATION OF THE CITY CLERK Tr:AT 20 DAYS HAVE ELAPSED A':: NG APPEAL HAS B°E'i
OR THAT, IF SUCH AN APPEAL HAS BEEN FILE, THAT IT H?S SEEN DIS.';SSED OR ii_i:'LD IS
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NA;111E OF THE C7::;ER
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL