0097, 0097A COLUMBUS AVENUE - BUILDING JACKET 97 & 97A COLUMBUS`AVENUE
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plity of Salem, �ffittssadjusetts
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DECISION ON THE PETITION OF SAMUEL ALLEN FOR A SPECIAL
PERMIT'AT- 97 COLUMBUS AVENUE
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A hearing on this petition was held June 27, 1990 with the following Board
Members present: Richard Bencal , Chairman; Edward Luzinski , Vice Chairman;
Joseph Correnti , Secretary, Richard Febonio and Mary Jane Stirgwolt. 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
nonconforming rear setbacks and density requirements to allow construction
of a deck in this R-1 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 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 careful consideration of the evidence presented at the
hearing, and after viewing the plans, makes the following findings of fact:
1 . The premises and building in question consists of a two family home.
2. All abutters of the premises were notified of this petition before the Board.
3. The deck in question is already in existence and has been completed for
nearly six (6) years.
4. The previous owners of the property had built the deck.
5. Mr. Hall , construction contractor, appeared before the Board and represented
that he has inspected the deck and that is was in good shape, constructed
solidly with pressure treated lumber.
6. There was no opposition to the petition during the public portion of
the hearing.
7. The current owner wishes to sell the property and needs a Special Permit
in order to convey the property.
DECISION ON THE PETITION OF SAMUEL ALLEN FOR A SPECIAL PERMIT
' AT 97 COLUMBUS AVE. , SALEM
page two
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 . The proposed deck will not be substantially detrimental to the
neighborhood and can be granted in harmony with the Zoning Ordinance
an without derogating from its intent or the public good.
Therefore, the Zoning Board of Appeal voted unanimously to allow the Special
Permit requested, subject to the following conditions:
1 . Deck be in conformance with City and State building codes and as per
plans and dimensions submitted.
2. A legal building permit be obtained for the deck.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety be strictly adhered to.
SPECIAL PERMIT GRANTED
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,7Jose;Yh C. Correnti , Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal from this decision, If any, shall be made pursuant to Section 17 of
the Mass. General Laws, Chapter 808, and shall be filed within 20 days
after the date of filing of this decision in the office of the City Clerk.
Pursuant to Mass. General Laws, Ch:^:a•803, Section 11, the Variance
or special Permit nranted herein sht.:i no; take effect until a copy of the
decision. be::ring the certification of .ha City Clerk that 20 days have
elapsed and no aoPeal has been filed, or that, if such appeal has been
filed, that it has been dismissed or denied is recorded in the South Essex
Registry of Deeds and indexed under the name or the owner of record or
Is recorded and noted*n the owner's Certificate of I tle.
BOARD OF APPFAU
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KEVIN T. DALY LEONARD F. FEMINO
ASSISTANT CITY SOLICITOR T�� ,,,�- ASSISTANT CITY SOLICITOR
93 WASHINGTON STREET ""^� 93 WASHINGTON STREET
AND CITY OF SALEM - MASSACHUSETTS AND
ONE CHURCH STREET ONE SCHOOL STREET
MICHAEL E. O'B RIEN
SALEM, MA 01970 BEVERLY, MA 01915
745.4311 CITY SOLICITOR 745.4311
745-0500 93 WASHINGTON STREET 9211990
AND
PLEASE REPLY TO ONE CHURCH STREET BI WASHINGTON STREET PLEASE REPLY TO ONE SCHOOL STREET
SALEM, MA 01970
745-4311
744-3363
PLEASE REPLY TO SI WASHINGTON STREET
March 7 , 1989
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William H. Munroe, Building Inspector
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City of Salem T, r
One Salem Green v n (1JD z
Salem, Massachusetts 01970 Ln
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Re: 97 & 97A Columbus Avenue, Salem x�
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Dear Mr. Munroe:
Please be advised I have examined voting lists and utility
records relative to the above entitled real estate and it
is my opinion that it was a lawful two-family prior to adoption
of the Zoning Ordinance on August 27 , 1965 . In addition,
the records of the Assessor' s Office indicate it is currently
assessed as a two-family. Accordingly, it is my opinion it
should be afforded the protection of Section VIII (E. ) of
the aforementioned ordinance relative to nonconforming uses
and, thus, it ' s current use as a two-family is permissible.
VeV
ly yours,
chael E. O'Brien
City Solicitor
MEO/jp
cc: Councillor George A. Nowak