14 KOSCIUSKO STREET - CASELLINI, JAMES - ZBA 14 Koskiusko St. R-2
James Casellini
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DECISION ON THE PETITION OF JAMES CASELLINI FOR A
SPECIAL PERMIT FOR 14 KOSCIUSKI ST. , SALEM
A hearing on this petition was held July 17, 1985 with the following Board
Members present: James Hacker, Chairman; Messrs. , Charnas, Luzinski, Strout and
Associate Member Bencal. 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 extend non-
conforming side and rear setbacks in order to construct porches 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 F
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 considering the evidence presented. zt the hearing and
after viewing the plans, makes the following findings of fact:
1 . No neighborhood opposition;
2. Would substantially improve neighborhood;
3. Other buildings in the area come to approximately the same
proximity;
4. This would substantially improve parking for the dwelling.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 ." The proposed extension of the nonconforming rear and side setbacks
would not be substantially more detrimental to the neighborhood than
the existing nonconformity;
2. The proposed plan is in harmony with the Ordinance.
DECISION ON THE PETITION OF JAMES CASELLINI FOR A
SPECIAL PERMIT FOR 14 KOSKIUSKO ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
petitioner the Special Permit requested provided that:
1 . Porches be constructed no closer than eighteen inches (1811) to
property line on side;
2. A Certificate of Compliance relative to the installation of smoke
detectors be obtained from the Fire Department.
SPECIAL PERMIT GRANTED
aures B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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BOARD OF APPEAL
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