6 CONNORS ROAD - BUILDING JACKET '� t 6 GONNORS .ROAll ,
Pine Realty Trust
Supermarket-Vinnin Square
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'Eottrb of Appeal
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DECISION ON THE PETITION OF ROBERT A. CONNERY FOR A SPECIAL PERMIT AT
LONNERS ROAD (CR-1)
A hearing on this petition was held August 26, 1992 with the following
Board Members present: Richard Bencal, Chairman; Richard Febonio, Francis
Grealish Jr. , Edward Luzinski and Associate Member Ronald Plante. 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 front and rear setbacks to allow the 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 5-3(j ) , 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 8-6 and 9-4, 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. There was no opposition to this petition by neighbors or abutters.
2. The granting of the Special Permit is in keeping and is compatible with
the neighborhood.
3. Granting this petition will enhance the quality of life for the
petitioner.
PETITION OF ROBERT A, CONNERY FOR A SPECIAL
PERMIT AT 6 CONNERS ST. , SALEM
page two
On the basis of the above findings of fact, and on the evidence presented,
the Board of Appeal concludes as follows:
1 . The Special Permit requested can 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.
2. The granting of the Special Permit requested will promote the public
health, safety, convenience and welfare of the City's inhabitants and may
be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Special Permit requested, subject to the following conditions:
1 . Petitioner shall comply with all City and State statutes, ordinances,
codes and regulations.
2. All construction shall be done as per the plans and dimensions
submitted.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4. Petitioner shall obtain a legal building permit.
5. Exterior finishes of the proposed deck shall be in harmony with
existing structure.
SPECIAL PERMIT GRANTED
August 26, 1992
Richard Febonio, Vice Chairman
Board of Appeal
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DECISION ON THE PETITION OF ROBERT A. CONNERY FOR A
SPECIAL PERMIT AT 6 CONNERS ROAD, SALEM
page three
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
MGL Chapter 40A. , and shall be filed within 20 days after the date of
filing of this decision in the office of the City Clerk. Pursuant to MGL
Chapter 40A. , Section 11, the Special Permit granted herein shall not take
effect until a copy of the decision bearing the certification of the City
Clerk that 20 days have elapsed and no appeal 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 of
the owner of record or is recorded and noted on the owner's Certificate of
Title.
Board of Appeal
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CITY LEH.KHASFFICESA -
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WILLIAM F. ABBOTT
JOSEPH F. DOYLE - JUNE 15, 1976 - -
JOHN M.GRAY.SR -
ARTHUR E LASRECQU$ -
NET. LUNDREGAN
AMES
DONALD E EAMES DECISION ON THE PETITION OF AN M. CONNERY TO CONDUCT DANCE CLASSES
D
EMERY P. TANCH IN THE BASEMENT OF HER HOME AT 6 CONNERS ROAD (R-1 DISTRICT).
Hearing on this petition was held on June 15, 1976. Present were Chairman John M,
Gray, Sr„ Donald Eames, Arthur LaBrecque, William Abbott and Jane T. Lundregau.
Notices were duly mailed to abutters and others in accordance with Massachusetts
General Laws, Chapter 808.
Mrs. Connery appeared in favor, and represented herself before the Board. She
stated that there would be no more than five to seven students at a time, and she
will be operating the business between the hours of 3:00 P.M.and 7:00 P.M.
The Board voted unanimously to grant the petition with the following conditions:
r 1. The students enrolled at said school shall never exceed 10 persons
\. at a time.
2. No sign shall be allowed on the exterior of the building to advertise
said business.
3. The hours of said business shall be restricted to the hours between
3:00 P.M. and 7:00 P.M.
GRANTED WITH CONDITIONS
APPEALS FROM THIS DECISION, IF ANY SHALL BE MADE PURSUANT TO SECTION 17 OF THE
MASS GENERAL LAWS, CHAPTER 8D8, AND SHALL BE FILED WITHIN TWENTY DAYS AFTER THE
DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. A COPY OF THIS
DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
PERMIT GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION BEARING THE
CERTIFICATION OF THE CITY CLERK THAT TWENTY DAYS HAVE ELAPSED AND NO APPEAL HAS
BEEN FILED, OR THAT IF SUCH APPEAL HAS BEEN FILED IT HAS BEEN DISMISSED OR DENIED
AS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED IN THE GRANTOR INDEX
----------'- --------- UNDER THE NAME OF THE OWNER OF RECORD, OR RECORDED AND
NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
SALEM BOARD OF APPEAL
B1 Q!vr<_t
/Secretary 4