51 BAY VIEW AVENUE - ZBA r
51 Bayview Ave. R-1
Gerard & Marian Hosman \
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Ctv of "ittlem, assar4usetts
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DECISION ON THE PETITION OF GERARD AND MARIAN H0 MAN FOR A SPECIAL
PERMIT FOR 51 BAYVILW AVENUE. oorr
A public hearing on this petition was held AWG713y fi,2 a �6�th the following
Board Members present; James Hacker, Chairman, Messrs: Bencal, Fleming,
Luzinski, and Strout. Notice of the hearin614A sent to abuttors and others,
and notices of the hearing were properly pule in , Evening News
in accordance with the provisions of Massac e tt General Laws, Chapter 40A.
The petitioners, represented by Mr. Gerard Hosman, requested a Special Permit
to extend and existing non-conforming rear and side setback to allow for the
addition of a half bath and mud room. The rear set back is currently twenty
feet, six inches (20' 6") and would be sixteen (16' ) feet with the addition.
The side setback is one foot, eight inches (1' 8") and the addition would
be two feet, six inches (2' 6") . The premises in question is located in an
R-1 District. .
I
The provision of the Salem Zoning Ordinance which is applicable to this request
for aSpecial 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 Permit for alterations and reconstruction of non-
conforming 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,
guidea 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. The proposed addition would not be more detrimental than the
existing non-conforming structure.
2. Abuttors and others stated approval to the addition.
3. No opposition to the plan was expressed.
4. The upgrading of the building would be an improvement to the
neighborhood.
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DECISION ON THE PETITION OF GERARD AND MARIAN HOSMAN FOR A SPECIAL PERMIT i
FOjt 51 BAYVIEW AVENUE.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Board of Appeals concludes as follows:
i
1. The proposed addition to the property will not be substantially j
more detrimental than the existing non-conforming structure. J
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2. The relief requested can be granted without nullifying or
substantially derogating from the intent of the district or
the purpose of the Ordinance.
Therefore, the Board of Appeals voted unanimously, 5 - 0, to grant the
Special Permit requested under the following terms and conditions:
1. The rear and side setbacks be as shown on the plan submitted.
2. That all construction meet the requirements of the
Massachusetts State Building Code and the requirements of
the Salem Fire Department.
3. That any new exterior be finished in the same material as
the existing structure.
SPECIAL PERMIT GRANTED
James M. Fleming ✓�jjj
Member, Board of Appeal
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PU RSANT TO i.4cS Gc2RALAV 5, CHAPTER 808. SPCNON 11 THE VARIANCE OR SPECIAL PERi,".IT
B`_AMIlt, THE CERT
HEREIN, SHALL NOI i KE EFFECT UNTIL A COPY OF THE APP Al_ HAS BEEN FLED,
:=RANTED ,:,�:-_, i,
FICATION OF THE CITY CLER{ TRA' 20 DAYS HAVE �;7, c.; Clc.,aSCFO CR DEtvIED IS
OR
THAT. IF SUCH AN APPEAL HAS BEM F,LE, iHAi If INDEXED UNDER i HE NAME OF THE OWNER
RECORDED IN THE SOUTH ESSEX REGISTRY OF GEECS A74D
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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Locotion .......5
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Scale /in. = 20 ft. Dole .....�.U.LY..26 ,1982
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FRCeORCD IN THr Es-5Ex S�VTH
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survey Iheref" Id/s plot p/an is IW malxge
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BAY STATE SURVEY/NG SERVICE ,T ,,,
222 Cabot St., Beverly, Moss.
l hereby Certify Ihot the dwelling shown on
�jaTE.. this plan was located on the ground as sMwn
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A ( .C� D " f� FC vU� !7 building ordinonces of h?e C!�'_�F._SA4em,MA,
when Constructed and to restrictions on record.
Area is AW in The special (food/,hazard zone.
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purposes cn/y:
BAY STATE SURVEYING SERVICE
222 Cobol Sl., Beverly, Moss.
l hereby certify Mot the dwelling shown on
nJUT� this plan was locoled m the ground os dawn
R/2 thereon and lhol it conforms to the z017ing and
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when conslrucled and to reslriclions on record.
Area is rr in the special food hazard zone.
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