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21 GIDNEY COURT
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DECISION ON THE.PETITION-OFtiANDREW BRAUER FOR A SPECIAL PERMIT AT 1 GEDNEY
COURT a/k/at21 GEDNEY_COURT_(R:-2)
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 side and front setbacks to allow the construction of a deck
and stairs. The property is located in an R-2 district.
The provision of the Salem Zoning Ordinance which is applicable to this
request fora 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. There were two letters submitted by the petitioner from abutters in
favor of the plan.
3. Granting this petition will enhance the quality of life for the
petitioner and would provide safe and easy access to the second floor.
PETITION OF ANDREW BRAUER FOR A SPECIAL
PERMIT AT 1 GEDNEY CT. a/k/a 21 GEDNEY CT. , 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
Ronald G. Plante, Member
Board of Appeal
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DECISION ON THE PETITION OF ANDREW BRAHER FOR A
SPECIAL PERMIT AT 1 GEDNEY CT. a/k/a 21 GEDNEY CT. , 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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