4A BUFFUM STREET - BUILDING JACKET 4A BUFFUM,^STREET
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SALEH. MASS,
JANUARY 16, 1980
DECISION ON THE PETITION OF MR. AND MRS.,MICHAEL BICK FOR A SPECIAL PEa1IT
FOR 4A BUFFUM STREET EXTENSION
A hearing on this Petition was held on January 16, 1980 with the
following Board Members present: Acting Chairman, Mr. Hopper, Messrs.
LaBrecque, Feeherry and Associate Members Lusinski and Piemonte. Notice
of the hearing was sent to abutters and others and a notice of the hearing
was published in the Salem Evening News on January 2, 1980 and January 9,
1980 in accordance with Massachusetts General Laws Chapter 40A.
The Petitioners have requested a Special Permit to extend the existing
non-conforming use of the structure at 4A Buffum Street Ext. by the addition
of a third floor apartment.
The property is within an Industrial district; however, the property,
like others in the neighborhood, has for many years been used as a residence.
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 Appeals may, in accordance with the procedure and conditions
set forth in Section VIII F and IX D, grant Special Permits for altera-
tions 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, nor shall this paragraph apply to
billboards, signs, or other advertising devices.
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 not injure the public
health, safety, convenience and welfare of the City's inhabitants.
The Board, after considering the evidence at the hearing on this matter,
makes the following findings of fact:
1. The petitioners purchased this property recently at a time when it
was in need of major repairs.
2. The. petitioners have made a substantial investment in the property.
3. The neighborhood surrounding this property has a number of residences
despite the fact that the area is zoned Industrial
4. , The off-street parking: at the property in question is adequate for. ,
the proposed use.
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SALEM, MASS.
PAGE TWO - DECISION - MR. AND MRS. MICHAEL BICK, 4A BUFFUM STREET EXTENSION
On the basis of the above findings of fact and on the evidence presented
at the public hearing, the Board of Appeals finds (i) that the proposed use
of the property will not be substantially more detrimental than the existing
use to the neighborhood, (ii) that the proposed use of the property will
not adversely affect the public health, safety, convenience, and welfare
of the City's inhabitants, and (iii) that the proposed use of the property
is generally in harmony with the Salem Zoning Ordinance. Accordingly,
the Board approves the granting of a Special Permit to the Petitioners.
Messrs, Hopper, Feeherry, Piemonte and Lusinski voted in favor of the
Special Permit. Mr. LaBrecque opposed the grant of the Special Permit.
The Special Permit is therefore granted in accordance with the
following terms and conditions:
1. The property may hereafter be used as a three family dwelling.
2. All work must be in accordance with the plans submitted to the Board.
3. The paved parking area which exists at the property and provides
at least four parking spaces must be maintained as off-street
parking.
GRANTED - WITH CONDITIONS
Anthony M. geeherry ;i z
Acting Secretary
APPEAL F.LI THIS DECISION, IF A :7, SH/IL BE C?ADE PURSUAW TO SECT= 17 OF THE roASS.
GEf;ER.'! LAtYS, Ciinl'CEi 8C3. P.i;O S LL 6E PIL'O Rf 1.`R; 20 DAYS AFTER THE DATE OF FILING,
U;N!v:': IN T:iEi•FE:^.E OF 7 17 CITY Ci-FSS:. -
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BOARD OF APPEAL
A.COPY OF THIS DECISION HAS BEEN FILED WITH THE ,PLANNING BOARD AND THE CITY CLERK.-