1 EMERTON STREET - BUILDING JACKET
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DECISION ON THE PETITION OF CLAIRE_CASTONGUAY BLANCHETTE
FOR A SPECIAL PERMIT AT"1_EMERTON ST. (R-2)
A hearing on this petition was held October 16, 1991 with the following Board
Members present: Richard Bencal, Chairman; Joseph Correnti, Richard Febonio, Mary
Jane Stirgwolt 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 allow con-
struction of an enclosed deck in this Residential Two Family 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
Sections 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 neighbohrood.
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 new structure would replace a dilapidated structure.
2. The new structure would allow petitioner a better and fuller use of
the property.
3. No opposition was voiced to the plan.
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 expansion shall not be substantially more detrimental than the
existing nonconforming structure.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Special Permit requested, subject to the following conditions:
DECISION ON THE PETITION OF CLAIRE CASTONGUAY BLANCHETTE FOR
A SPECIAL PERMIT AT 1 EMERTON STREET, SALEM
page two
1 . Petitioner shall comply with all City and State statutes, ordinances,
codes and regulations.
2. All construction shall be done as per plans and dimensions submitted.
3. Petitioner shall obtain a legal building permit.
4. Petitioner shall comply with all requirements of the Salem Fire Department
relative to smoke and fire safety.
5. All exterior finishes shall be in harmony with existing exterior finishes.
Special Permit Granted
October 16, 1991
Richard A. Bencal, Chairman
Board of Appeal
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 Lawsp80 shall be filed l
heoffeofhe City Clerk.
after the data of filint:of this decision 8.m
80$ Section 11, the Variance
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or F.:rr*'.i ^.ramex ho.bi si e.I ::ct t:+k^ effect until a copy of the
decision. benrinP, th^ ccraicition .. rha City Clak that p days have
eap,eu ani, ne DPpeal has been +.irf. or that, if such appeal has been
filed, tliot hes "" dismissal or dense i is recorded in the South Essex
Rep5trY of Oeeds and indexed under the n:+me or the owner of record or
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is recd Jed and no oh the owners erUhcate of Titta.
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