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6 HAMILTON STREET - BUILDING JACKET 6 HAMILTON STREET I ,';,,-••,�,y (�it� of �ttlem, ��ttssttthusetts ,. Jui B f Gil 34 1jL f -Battra of Au{rettl CITY r OF C LERK,r - .. � OFFil'�- DECISION 6 HAMILON__THE PETITION OF LATTA REALTY TRUST FOR A SPECIAL PERMIT AT TON STREET (R-2) A hearing on this petition was held June 24, 1992 with the following Board Members present: Richard Bencal, Chairman; Richard Febonio, Edward Luzinski, Francis Grealish Jr. , and Stephen Touchette. 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. Petitioners, owners of the property, are requesting a Special Permit to extend nonconforming rear setback to construct a 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 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. 2. A letter in favor of granting the petition from an abutter was received by this Board. DECISION ON THE PETITION OF LATTA REALTY TRUST FOR A SPECIAL PERMIT AT 6 HAMILTON STREET, SALEM page two JUL � �� 3q l�fl X32 CITY OF hA$S 3. The proposed plans were approved by the Salem HistoricGL&j �i`sgib>bCF 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 and by legal building permit. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. SPECIAL PERMIT GRANTED June 24, 1992 ��e�� R chard Fe onio, Member Board of Appeal DECISION ON THE PETITION OF LATTA REALTY TRUST FOR A SPECIAL PERMIT AT 6 HAMILTON STREET, SALEM page three Jug 8 1134 GIi '92 CITY OF SALES', MASS CLERK'S OrFIGE 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 EASTERN ADJUSTMENT COMPANY, INC. 430 BOSTON STREET, UNIT#5 • P.O. BOX 445 •TOPSFIELD, MA 01983 TELEPHONE(508) 887-5858 • FAX (508) 887-8081 Multiple Line Adjusters, Surveyors &Appraisers NOTICE OF CASUALTY LOSS TO A BUILDING Under Mass . Gen. Laws , Ch. 139, Sec. 3B / TO: Building Commissioner or Board of Health or v/ Inspector of Buildings Board of Selectmen S A4 Di 9 ) ) Addresses ( RE: Insuror: Insured: ( Property Address : -e-01-' /7LX Policy Number: CZ / File and/or claim No. : / /L ,94r 3 Loss by:. ]Na� On: As representatives of the above captioned Insurance Company, we hereby notify you, in behalf of said Insurance Company, that claim has been made involving loss , damage or destruction of the above captioned property, which may either exceed $1,000.00 or cause Mass. Gen. Laws Cha ter 143 section 6 to be applicable. If any notice un er ass . n. Laws , th. 139. ec. 3B is appropriate, please direct it to the attention of the writer and include a ref- erence to the captioned Insured, location, policy number, date of loss and file or claim number. AdJuster On this date I causedcopies his notice to be sent to the persons named above, at the addre -e-"-s Indicated above, by first class mail . �12 ature and date