3 CONNORS ROAD - BUILDING JACKET 3 Connors Road
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'91 APR -3 P3 :08
DECISION ON THE PETITION OF CARROLL AND ARLENE_DICKINSOU FRK'S OFFICE
VARIANCES AND SPECIAL PERMIT ATS 3'CONNERS ROAD_(-R-1 ) SALE -,
A hearing on this petition was held March 20, 1991 with the following Board Members
present: Richard Bencal, Chairman; Joseph Correnti, Secretary; Richard Febonio,
Mary Jane Stirgwolt and Associate Member Arthur Labrecque. 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.
Petitioners, owners of the property, are requesting a Special Permit and Variance
to allow the second floor to be expanded to create a second dwelling unit in this
single family (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 non-
conforming structures, and for changes, enlargement, extension or expansion of
nonconforming lots, land, structures, and uses, provided, however, that such change,
extension 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 Variances which have 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 which are not generally affecting other
lands, buildings or structures in the same district.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner.
c. Desirable relief may 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 at the
hearing, and after viewing the plans, makes the following findings of fact:
1 . The premises and building in question is a single family home in an R-1 zone.
DECISION ON THE PETITION OF CARROLL AND ARLENE DICKINSON FOR A SPECIAL
PERMIT AND VARIANCES AT 3 CONNERS ROAD, SALEM
page two
2. That presently the petitioners occupy this single fameia
nd propose to
add a second floor apartment making the dwelling iepnt�to na�pgarrison.nn��
3. That the petitioners have lived in the dwelling ioi" OAR rJrt?q X years.
4. That the petitioners which to expand the second ftPPi° RcEW5 r5PH son,
his wife and their two children may live with them. SALE?-1
5. That the proposed expansion will add another two feet to the current
nonconformity.
6. That the petitioners have shown a compelling financial and human need to
be allowed this expansion.
7. All abutters of the premises were notified by mail of this petition
before the Board.
8. That there was no opposition to the application.
9• That a petition in favor of the application was submitted with twelve ( 12)
names, many of whom are direct abutters.
10. That a letter addressed to the Board was submitted by Ward 2 City Councillor
Kevin Harvey, which letter was in strong support of the petition.
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 changes will not be substantially more detrimental to the
neighborhood and can be granted in harmony with the Zoning Ordinance and
without nullifying or substantially derogating from it's intent or the
public good.
2. Special conditions exist which especially affect the subject property but not
the district in general.
3. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Special
Permit and Variances requested, subject to the following conditions:
1 . The petition be allowed as per plans and dimensions submitted.
2. The exterior finish be compatible with the existing structure.
3. That all necessary state and local permits and certificates be obtained,
and that all applicable codes be adhered to, including, but not limited to
building and fire permits and inspections.
4. That at least one unit of the dwelling remain owner occupied at all times
and that a driveway be maintained for off-street parking.
DECISION ON THE PETITION OF Carroll and Arlene Dickinson FOR A SPECIAL
PERMIT AND VARIANCES AT 3 CONNERS ROAD, SALEM
page three p
Special Permit and Variances Granted
March 20, 1991 -91 APR -3 P3 '0F
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ose 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 1 04
Chapter 808. and shall be tiled within Cle trayss
the Mass.General Laws, a the office of the City
Chapter a Section 11,the Variance
after the date of tiling of this decision of the
Pursuant to Mass. Gent a4 Laws' Clerk that 20 days have
or 9!:=:iI Permit granted herein shall not take effect until a cop
the certification of the City eal has been
eal has been filed, or that, if such app
decision, Cearin
elapsed and no app a ert he owner of re rd cc
filed,that It has been distni zee a Qef denied
Darn corded in the South Essex
Registry of Deeds 0e owner's Certificate of Ttttq,
Is recorded ander
Citp of harem, Ongacbugettg
Public Propertp Department
36uilbing Department
One R6alrm Oreen
745-9595 Cxt. 380
William H. Munroe
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
In accordance with the provisions of MGL c 40. S 54, a condition of Building Permit
Number 2/4_ 9/ is that the debris resulting from this work shall be
disposed of in a properly licensed solid waste disposal facility as defined by MGL c 111, S
150A.
'Ilse debris will be disposed of in:
11
(Location of cility)
• V NiI�Y^� � P
Signature of Permit Applicant
Date