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DECISION ON THE PETITION OF RUSSELL THATCHER FOR A SPECIAL
PERMIT AT
A hearing on this petition was held April 19, 1989 with the following Board
Members present: James Fleming, Chairman; Mssrs. , Bencal, Luzinski, Nutting and
Strout. 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.
The petitioner, owner of the property, is requesting a Special Permit to extend
a nonconforming structure by the construction of a deck at 12 Grove St. The
locus is in an R-2 District.
The provision of the Salem Zoning Ordinance with 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 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 neighbhorhood.
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 the petition.
2. The deck will be in harmony with the existing dwelling and the
existing neighborhood.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . The relief 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 addition will be in harmony with the neighborhood and will promote
the public health, safety, convenience and welfare of the City's
inhabitants.
c�
DECISION ON THE PETITION OF RUSSELL THATCHER FOR A SPECIAL
PERMIT AT 12 GROVE ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Special Permit, subject to the following conditions:
1 . That all construction be in accordance with the provisions of
the Massachusetts State Building Code.
2. That the petitioner comply with all the requirements of the Salem
Fire Department, relative to fire safety.
3. That all construction be as per the plans and dimensions submitted
to the Board of Appeal.
4. That the petitioner obtain a Building Permit from the Inspector
of Buildings.
SPECIAL PERMIT GRANTED � ) J,,I
/ - 6A �l
James M. Fleming, Esq. ,. ".1pirman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
rp'•^c! L'om this o'eeirdon, if any, sha!I be made Purs'.Int to )iCct n 17 or
tae floss. General Laws. Chapter °C3, and shall be Wed c,ilWn 20 days
c:ft,r the data of filing of this decision in the office of the City Cerle.
to Gist. General La-.%S, Ch'.:tnr i.08, sea!on 11 Pie b..r.ance
aanl PornR rra n;c:f herein si r.rd not !akc elt_ct hn G! a copy of the
d,,non, bearing the c"WICalion of the City Clerl<that 20 da.vs have
elapsed and no appeal has been fited, or that, if such nppcil has been
filed, lnal it has been d'umissed or denied is recorded in the South Essex
ReCislry of Deeds and indexed under the name or the owner of record or
is recorded and noted on the owner's Certificate of Title.
BOARD OF APPEAL'
y<DNU,
�!. CERTIFICATE ISSUED
CITY OF SALEM DATE 2/10/1997
F'
SALEM. MASSACHUSETTS 01970 BUILDING. PERMIT -
�a4c CERTIFICATE OF OCCUPANCY
DATE 11/29/198q PERMIT NO. 607.'89
Thatcher APPLICANT Russell ADDRESS 12 Grmn St 0684
IND.) [STREET) ICONIR'S UEENSEI
PERMIT TO RrPn0"t141716. (_T STORY NUMBER OF
DWELLING UNITS
IIIPE Of IMPROVEMCNTI NO. (PROPOSED USE)
AT.(LOCATION)A`-12-Grove.St• Ward ri ZONING
DISTRICT R-2
IK0:1 lSTR[LT)
BETWEEN AND
ICROSS STREET, [CROSS STREETI
SUBDIVISION' LOT
LOT BLOCK SIZE
BUILDING IS TO BE FT. WIDE P., FT. LONG BY FT. IN NEIGNT AND SHALL CONFORM IN CONSTRUCTION
TO TYPE, USE GROUP BASEMENT WALLS OR FOUNDATION
,.L t�� n.. ITVPEI
REMARKS: ogee• atft!-'_ 1T_-rTlfl. floor & --,nd. i1QLr bath.
cal L :.1.4? 1�1�N.`mn 0 lll.l.UL.: t��Q``ji�E.Ej�S�{� RrAA4
IrR�� I.DIIEIE�� ��4
AREA OR Mtn
VOLUME
C :B1U SOU/AE.Pf[TI
Russell Thatcher swlsiPlsensw ow owlswlowl kr i xPa ..w owlverloTilsrns�ns
OWNER TO BE POSTED ON PREMISES
ADDRESS 12 Grove Sty SEE REVERSE SIDE FOR CONDITIONS OF CERTIFICATE
BUILDING
PERMIT
JOB WEATHER CARD
DATE '19 PERN{IT NO.
APPLICANT ADDRESS
INO.1 ISTREETI (COMTR-S LICENSE(
NUMBER OF
PERMIT TO I_1 STORYDWELLING UNITS
(TYPE OI IMPROVEMENTI NO. (PROPOSED USE)
ZONING
AT (LOCATION) DISTRICT
INC.) (STREETI
BETWEEN- AND
(CROSS STREET) (CROSS STREETI
LOT
SUBDIVISION LOT BLOCK SIZE
BUILOIMG IS TO BE FT, WIDE BY FT. LONG BY FT. IN HEIGHT AND SMALL CONFORM IN CONSTRUCTION
TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION
(TYPE)
AEMARKS:
-7y5-9545
AREA OR EE.. F"i'1 R� PERMIT
VOLUME ESTIMATED COST $ FEE S
C4BIC%SQUARE FEET)
OWNERS
BUILDING
ADDRESS BY
THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET, ALLEY O4 SIDEWALK OR ANY PARTSTPECTOR OF HE THEREOF, EITHER TEMPORARILY LY OR"
PERMANENTLY. ENCROACHMENTS ON PUBLIC PROPERTY, NOT SPEC.I FICALLY PERMITTED UNDER THE BUILDING CODE, MUST BE AP-
IS R 0',D BY THE JURISDICTION. STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED
FROM TME DEPARTMENT OF PUBLIC WORKS. THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS
OF ANY APPLICABLE SUBDIVISION RESTRICTIONS.
MINIMUM OF THREE CALL APPROVED PLANS MUST BE RETAINED ON JOB AND THIS WHERE APPLICABLE SEPARATEINSPEALL
C TIONS REQUIRED FOR CARD KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN PERMITS ARE REQUIRED FOR
ALL CONSTRUCTION PORK:N: ELECTRICAL, PLUMBING AND
1. FOUNDATIONS OR FOOTINGS. MADE. WHERE A CERTIFICATE OF OCCUPANCY IS RE- MECHANICAL INSTALLATIONS. .
t. PRIOR TO COVERING STRUCTURAL OUIRED,SUCH BUILDING SHALLNOT BE OCCUPIED UNTIL
MEMBERSIREADY TO LATH). FINAL INSPECTION HAS BEEN MADE.
S. FINAL INSPECTION BEFORE
OCCUPANCY.
"POST THIS-CARD SO IT IS -VISIBLE FROM STREET
BUILDING INSPECTION APPROVALS P:L.UUMM91GIINSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS
�l0 2 qq4
BOARD CF HEALTH GAS INSPECTION APPROVALS FIRE DEPT. INSPECTING APPROVALS
I 1
ell
OTHER CITY ENGINEER p 2
CERTIFICATE OF OCCUPAN
Issued:iLL94 Permit p: /
City of Salem Building Dept.
WORK SHALL NOT PROCEED UNTIL THE PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION INSPECTIONS INDICATED ON THIS CARD
INSPECTOR HAS APPROVED THE VARIOUS WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE CAN BE ARRANGED FOR BY TELEPHONE
STAGES OF CONSTRUCTION. PERMIT IS ISSUED AS NOTED ABOVE. OR WRITTEN NOTIFICATION.