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DECISION ON THE PETITION OF DALE LEWINSKI FOR A SPECIAL PERMIT
AT 22 BEACH AVE. (R-1 )
A hearing on this petition was held October 17, 1990 with the following Board
Members present: Richard Bencal , Chairman; Joseph Correnti , Richard Febonio;
Edward Luzinski and Mary Jane Stirgwolt. 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, is requesting a Special Permit to extend a
nonconforming structure by adding a second level . Property will remain a single
family dwelling and is located in an R-1 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 0, 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
public hearing, and after viewing the plans, makes the following findings of fact:
1 . Neighbors and abutters ( 10) signed a petition in favor of the plan.
2. Councillor Nowak sent a letter in favor.
3. There was no opposition.
4. This would enhance the petitioner' s quality of life.
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 granting of the Special Permit requested will promote the public health,
safety, convenience and welfare of the City' s inhabitants.
2. The addition of a second level would be in harmony with other structures
in the neighborhood.
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DECISION ON THE PETITION OF DALE LEWINSKI FOR A SPECIAL PERMIT
AT 22 BEACH AVENUE, 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 . All construction be done in accordance with City & State Building Codes.
2. All construction be in accordance with plans and dimensions submitted.
3. Exterior finishes of the proposed construction be in harmony with the
existing structure.
4. Petitioner obtain a legal building permit.
5. All requirements of the Salem Fire Department relative to smoke and
fire safety be strictly adhered to.
6. A Certificate of Occupancy be obtained from the Building Inspector.
SPECIAL PERMIT GRANTED
October 17, 1990 l
KI chard T. Febonio, Member
Board of Appeal
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 Laws, Chapter 808,and shall be filed within 20 days
after the dote of filing of this decision in the office of the City Clerk.
Pursuant to M:ss. Ceneral Laws, Chapter 808, section 11, the variance
or Special Permit rron!ed herein shall not take effect until a copy of the
decision, bcarin,+ 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 or the owner of record or
Is recorded and noted an the owner's Certificate of Title.
BOARD OF APPEALl
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