41 APPLETON STREET - ZBA 41 Appleton St. R-2
Thomas & Judith Sinclair
i
RJR 2 3 14 PM '68
Chi of �tt1em, C�nssar4usPtts
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��• 9 �Buxrb of Appezd CITY CLERK.SA:EH.MASS.
DECISION ON THE PETITION OF THOMAS & JUDITH SINCLAIR
FOR SPECIAL PERMIT FOR 41 APPLETON ST. (R-2)
A hearing on this petition was held February 17, 1988 with the following Board
Members present: James Hacker, Chairman; Messrs. , Fleming, Strout and Associate
Member Dore. 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 4OA.
The petitioners, owners of the property, are requesting a Special Permit to
extend a nonconforming side setback to allow construction of a rear porch 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 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 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 and
after viewing the plans, makes the following findings of fact:
1 . There was no opposition.
-)n the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows: `
1 . The granting of the Special Permit will not be substantially detrimental
to the public good and will not nullify of substantially derogate from
the intent of the district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the
Special Permit requested on condition a building permit be obtained and porch be
constructed in accordance with plans submitted.
GRANTED / _-
AFFEA- FROM THIS OE PL UAtV Tn SECTION 17 OF THE MA!$.
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A COPY OF THIS DECISION HAS aEEX.;RZLED:WITH THE P ANN19C BOARD AND THE CIT'T',.QLERS.
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BG,W OF APPEAL