33 BARR STREET - ZBA 33 Barr St. R-2
Paul J. Emelian
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DECISION ON THE PETITION OF PAUL EMELIAN FOR A
SPECIAL PERMIT FOR 33 BARR ST. (R-2)
A hearing on this petition was held May 28, 19 (�y1h "7f�MlTg ng Board Members
present: James Hacker, Chairman; Richard Benc ' , ecretary; Messrs. , Fleming and
Luzinski. Notice of the hearing was sent to a jtVrs and others and notices of
the hearing were properly published in the Salem Evening News in accordance with
Massachusetts General Laws Chapter 40A. CITY C'.EP.r etICH.MASS
Petitioner, owner of the property, requests a Special Permit to extend a non-
conforming side setback to allow construction of a deck on the second floor 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 that 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 considering the evidence presented at the hearing and
after viewing the plans, makes the following findings of fact:
1 . No support or opposition was voiced at the hearing;
2. The deck will add to the convenience of the inhabitants.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
1 . The proposed deck will promote the health, safety, convenience
and welfare of the City's inhabitants;
2. The relief requested may be granted without substantial detriment
to the public good.
~ DECISION ON THE PETITION OF PAUL EMELIAN FOR A
SPECIAL PERMIT FOR 33 BARR ST. , SALEM
page two
Therefore, the Zoning board of appeal voted unanimously, 4-0 in favor of granting
the requested Special Permit, subjection to the following conditions:
1 . All Salem Fire Department regulations relative to the installation
of smoke detectors for this type of residential unit must be met;
2. The deck must be built in accordance with the plans submitted,
12' x 12' and 10' off the ground on the second floor at the
rear of the building.
SPECIAL PERMIT GRANTED
Richard A. Bencal, Secretary
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 THE MASS.
GENERAL CHAPTER SCS, AF;D SHALL BE FILED V;iT.' IN 20 DAYS A%i ER 7dE DATE OF FILING
v c lip THE OFFICE OF THE CITY C:ERK. _ ., n c-R': -
CF THIS D_CL.,Oi7 T„_ _E Ol Sr, I,_ li
P:;RSP,:7 TO !LASS GE:7;AL LATS CHAPTER 305, SL: ,; 11. �_. :. -,i1_ ::RT- .
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OR 1H.41, IF SUEn ,. APP:.L' F:;.S OE='< FA_ IL::'. U ° > I . _ _ _F:c Rt:A dE OF THE G•15:'.=R
�c - ESSEX RF�ISTM GF CE71S A:�D ItiDE(EJ � •-_"
R�.R IN THE S�C,d - : OF TITLE.
RECORDED - ON THE OWNERS CcP,TIFIC A.E
OF RECORD OR IS RECORDED AND NOTED
BOARD OF APPEAL
SCALE : I" - � DAi cc ~� a This is a Mortgcpe inspoctinn eurvey and not
r— — on instrument survey,therefore this plot plan is for
REFEREIICE .. . E7' C r—.v �0-1 �_ _�_
r ^ • mortgage inspection purposes only.
.= 4Q � o This survey is based on survey marks of
_ V others.
To SP,� �aS- 13NNY,-- a Bushes,ahrubs, fences and tree tines do
I hereby certify that I have examined the premises and that the not necessarily indicate property lines.
building(s) shown on this pion are located on the ground as
cover o The buiiding(s) are not located in the spc;,.
shown and that they conform& to the zoning setbacks of the flood hazard zone, as defined by H.U.D.
when constructed.
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