44 WALTER STREET - BUILDING INSPECTION �44WALTER STREET
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DECISION ON THE PETITION OF HELEN_ JIADOSZ FOR A SPECIAL�PERMI~f31�NDp3
A VARIANCE FOR 44 WALTER STREET
A hearing on this petition was held March 18, 1987 with tfi6 Y ollowing $bard
Members present: James Hacker, Chairman; Messrs. , Bencal, Fleming, Strout and
Associate Member 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 an
existing two family dwelling into a three family dwelling and a Variance from
minium parking requirements in this R-2 district. _
The provision of the Salem Zoning Ordiance 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 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 Variance which has been requested may be granted upon a finding of the
Board that:
a. special conditions and circumstances exist which especially affect
the land, building or structure involved and whit!. �-e not generally
affecting other lands, buildings and structures in -h— same district;
b. literal enforcement of the provisions of the Zoning Ordinance would in-
volve substantial hardship, financial or otherwise, to the petitioner;
c. desirable relief amy be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented and
after viewing the plans, makes the following findings of fact:
1 . There was no opposition;
2. There will be no exterior changes.
DECISION ON THE PETITION OF HELEN JIADOSZ FOR A SPECIAL PERMIT
AND A VARIANCE AT 44 WALTER STREET, SALEM
page two
s,
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 . Special circumstances exist which affect the subject property but not
the district generally;
2. Literal enforcement of the Ordinance would involve substantial hardship
to the petitioner;
3. The relief requested can be granted without substantial detriment to the
i public good and without nullifying or substantially derogating from the
' intent of the district or the purpose of the Ordinance;
i
4. The granting of the Special Permit requested wil-1 promote the public
health, safety, convenience and welfare of the City's inhabitants.
Therefore, the Zoning Board of Appeal voted four to one, 4-1 , to grant the relief
requested. Mr. Bencal voted in opposition. The Special Permit and Variance are
granted subject to the following conditions:
s 1 . Five parking spaces be maintained as per plans submitted;
2. Construction be as per plans submitted;
3. Premises remain owner occupied;
4
4. Meet all requirements of the Salem Fire Prevention Bureau;
5. A building permit be obtained prior to construction;
6. A Certificate of Occupancy be obtained.
t
SPECIAL PERMIT & VARIANCE GRANTED
;Jaa�mesB. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
I r �•� P4Y, SHILL BE MADE PURSUANT TO SECTION l7 OF THE MPaN
q. APPEAL FP.O:+� THi° DECCSIr N. .. SHA_L BE FILED WI7HIN 20 DAYS AFTER THE DATE OF FILING
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k OF THIS DE(:I`.;:N I'I THE DFr:CE OF THE C'TY CLERK. c B ; IXG THE GER7.
i Gc �.;; ;, CHaPTER BOB. SECTION 11. THE C'S'I:.`:CE CP, SPECIAL ERI".IT
POP.SANT TO MA$S. • i ."'
CRAP;TEO HEREI6. SHALL PI. : EFFECT UNTIL A COPY OF THE DECI_I"•�.
HRS BEEN GIS:•ISSED CP DENIED IS
I� FICATIC`.� OF THE CITY ('LER':: 'I fi. 20 C'=.YS HAVE ELAPSED AND NO APPEAL H�.S BEEN FILED,
AND INDEI:ED U2;CER THE i;A�t'iE OF THE
OR TH'•T. IF SUCH AN APPEAL H?S BEE`S FILE. THAT IT
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RECORDcD IN THE SOUTH ESSEX REGISTRY OF DEEDSOF
¢ OF RECORD OR IS RECORDED AND NOT ON THE OWNER'S CERTIFICATE BOARDOFAPPEAL
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Office of the City Assessors
City Hall
Salem, Massachusetts 01970
Gentlemen:
I would appreciate having a list of abutters for the following
properties for a public hearing scheduled for.
Please forward said list to Brenda Sumrali, coo Public Property
Department, One Salem Green.
ADDRcSS 'OWNER
Thank you for your cooperation.
Sincerely,
Brenda M. Sumrall
Clerk, Board of Appeals
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