3 HAMILTON STREET - BUILDING INSPECTION 3 HAMILTON STREET
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DECISION ON THE PETITION 01 RICHARD B. PAUL FOR A
SPECIAL PERMIT AT''3'HAMILTON STT
A hearing on this petition was held August 27, 1985 with the following Board Members
present: James Hacker, Chairman; Messrs. , Bencal, Fleming, Luzinski 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.
Petitioner, owner of the property, requests a Special Permit to extend nonconforming
side setback to allow construction of a single story deck in this R-2 district.
The provision of the Salem Zoning Ordinance which 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 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 neighborhood.
In more general terms, the 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:
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . The proposed deck will promote the convenience and welfare of the City's
inhabitants and will be in harmony with the neighborhood;
2. The relief requested can be granted without substantial detriment or
without nullifying or substantially derogating from the intent or
purpose of the Ordinance.
:i
DECISION ON THE PETITION OF RICHARD B. PAUL FOR A
. SPECIAL PERMIT FOR 3 HAMILTON ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Special
Permit requested, subject to the following conditions:
1 . A legal building permit be obtained;
2. Work be done in accordance with plans and specifications submitted.
SPECIAL PERMIT GRANTED
Peter Strout, Member, Board of Appeal
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A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
F,FFEAL FEJ THIS C_:!Gi^i:. iI ."6Y, SHALL BE 4SADE PURSUANT TO SECTION 17 OF THE tIASS.
C N-P11lL L.;:S. CH F.P"E't EDB. A..:C Si,'4L EE %ILEC V"IT.HIN 23 CAIS AFTER THE DATE OF FILIi;�
OF TH:s S!Oi: Ifi TF.- IMCE OF THi CITY CLERK,
T6 ,. .SS. r P1:E' L 1::,.... G4AFT E3 838. SEC(10!'. 11, THE VAP,W' OR 'KC'AL PER':IT
Gli�'f,i lir, rr l N-T rFF:Ci D!;7.IL A COPY OF C S - .�.�. 1HF CER.
FICAi15$ iF -.HE :1711 P_E'nl: 1H4; K DAIS !i AVE EL%.r2ED ?:':% A('r'i... 'H=.S 6CL'r, FILED,
OR TH i IF SUCH AN +'"PEAL HAS BEEN: fl THF,F IT HAS L E,; DIS i CRL '1!:D IS
RECCRU D i:1 THE S0 H ESSEY F G IS R'i D_E'S A%; I'DEXED U'' i E f:A E OF THE
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL