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6 CONNORS ROAD - BUILDING JACKET '� t 6 GONNORS .ROAll , Pine Realty Trust Supermarket-Vinnin Square t, �Iit ofttlem, rrzsstttljusetts 'Eottrb of Appeal c 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 n y r� mo � C•G C m W 7 T 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 C N M r m O W W a 'l C' r, n N CITY LEH.KHASFFICESA - �3 Cgi#u of 5akra, fflassadfusttfs 'pEcc\[In'E 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