50-52 HOWARD STREET - PELLETIER, THOMAS - ZBA 50-52 Howard St. R-2
Thomas Pelletier
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DECISION ON THE PETITION OF THOMAS PELLETIER FOR IcF
SPECIAL PERMIT FOR 50-52 HOWARD STREET
A hearing on this petition was held February 18, 1987 with the following
Board Members present: James Hacker, Chairman; Messrs. , Luzinski, '
Strout and Associate Members LaBrecque and Dore. 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, owner of the property, is requesting a Special Permit
to convert a two family dwelling into a three 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 V111 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.
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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 granting of the Special Permit will promote the
public health, safety, c mvenience and welfare of the City 's inhabitants.
The Board of Appeal, after careful considering of the evidence presented
and after viewing the plans, makes the following findings of fact:
1 . No opposition
2. The balance of homes on that street are three family homes.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Board of Appeal concludes as follows:
I� 1 . The Special Permit requested can be granted without substantial
detriment to the neighborhood and will not substantially derogate
[ from the intent or purpose of the Ordinance:
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50-52 HOWARD STREET
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to
grant Special Permit requested. Relief is granted subject
to the following terms and conditions:
1 . The proposed construction shall conform to all applicable
provisions of the Massachusetts State Building Code,
Salem Fire Prevention Code, Salem City Ordinances and
Massachusetts General Laws relative to fire safety, and
2. A building permit be obtained and a Certificate of Occupancy.
3. All Exterior finishes to conform to the existing finish.
GRANTED
Peter Strout, Member
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FROM THIS DESI"IDN, .'�y SHALL BE M I PURSUANT TO SECTION 17 OF ifi`_ L:.I`'•'-
GENEP,AL LAWS, CHA?fER &JS, AF. S"C'LLTHE rC174 CLERK 20 DAYS AFTEP, THE LATE OF I'
.F THIS DEG'S.ON IN THE C•.iCE 1;r, 11. THE VA,'n;'CE CR .F...''� . ..'.T
PU",SANT TO ?.iASS CESERAI. L„,S Uic.'TR SOS• c Ai:O PK; APPEAL H;:S Cr LI
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FICAUUP; OF THE C."Y C R< THAT 2J DA1S dA'c cL(P.- _
AiBD INDEXED UGDEn THE N""E OF
LR THAT. IF SUCH F.i; APPEAL HRS GZEN HIE, T0i IT H.',S BEEN DSScD OR D:"JHS
P,ECORDED IN THE S^`11H ESSEX REGISTRY GF DEEDS
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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