79 BEAVER STREET - ZBA 79 Beaver St. R-2
Hoang Tri Lam (owner)
Anh Thi N. Nguyen Lam (pet),
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Appeal
July 30, 1985
NOTICE IS HEREBY GIVEN THAT AS OF JULY 23, 1985 THE
DECISION OF THE BOARD OF APPEAL HAS BEEN FILED IN THE
OFFICE OF THE CITY CLERK TO GRANT THE PETITION OF ANH THI
NGUYEN LAM FOR A SPECIAL PERMIT TO EXTEND NONCONFORMING
REAR SETBACK TO ALLOW ENLARGEMENT OF A ROOM AT 79 BEAVER
STREET.
BOARD OF APPEAL
Brenda M. Sumrall, 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 DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSANT TO MASS. GENERAL LAWS, CHAPTER 808, SECTION 11, THE VARIANCE OR SPECIAL PERMIT
GRANTED HEREIN, SHALL NOT TAPE EFFECT UNTIL A COPY OF THE DECISION, BEARING THE CERT-
FICATION OF THE CITY CLERI( THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED,
OR THAT, IF SUCH AN APPEAL HAS REEN FILE, THAT IT HAS BEEN DISMISSED OR DENIED IS
RECC'EDED IN TH-- SDCTH ESS:X R'E:ISTRY GF O;EEQS AND INDEXED CNDER THE NAME OF THE OWNER
OF RECORD OR IS RECORDED AND NOTED ON TtiE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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Poarb of �Fpeal
DECISION ON THE PETITION OF ANH THI N NGUYEN LAM
FOR A SPECIAL PERMIT FOR 79 BEAVER ST. , SALEM
A hearing on this petition was held July 17, 1985 withJtoe?Tol2p*jT)RW d
Members present: James Hacker, Chairman; Messrs. , Charnas, Luzinski, rout and
Associate Member Bencal. Notice of the hearing was seFIV+ abutters and others
and notices of the hearing were properly published in the Salem Evening News in
accordance with Massachusetts General Laws Chapter 40AC4TYC�ERk, SLLEN.-MASS.
Petitioner requests a Special Permit to extend a nonconforming rear setback to
allow enlargement of a room on the premises. The premises, located in an R-2
district, is owned by Hoa-ng Tri Lam.
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 used, 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 hearing the evidence presented at the hearing and
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after viewing the plans, makes the following findings of fact:
1 . No opposition was presented to the plan;
2. The plan will have no substantial affect in any way on the
neighborhood.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board concludes as follows:
1 . The proposed extension of the nonconformity will not be
substantially more detrimental to the neighborhood than the
existing nonconformity;
2. The proposed plan, is in harmony with the Ordinance.
vw�
DECZSIOId ON THE PETITION ------- —�
FOR A SPECIAL PERM FOR O ANH THI N NGUY£N LAM
Page two 7100 BEAVER ST. , SALEM
Therefore, the Zoni
Special Permit reqng Board of Appeal Voted unanimous)
uested as per plans submitted.
Y> 5-0, to grant the
SPECIAL PERMIT GRANTED
Scott E. Charnas Secretary'
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERg
APPEAL FRTA THIS CEi!E121 IF A.,L SHALL RE L'�"uE PU�S�:':T TO SECTio'4 17 CF THE
GENERAL LA1;'S, C°"?'E5 E:E F':7 SH;LL PE F:.E', 2D DAYS AFTER THE DATE Di
OF TF..;S GESiS:'O'; li, .F THE CITi Cl°^nk
PUF,Sn';" 7C I . "f ER S:', SECT10;; 11, THE 1'AR!At:CE OR MEW PEP";(T
CEA';TEG T= .E E'ECT D:.T••: A 6OFY CF THE:ECIS'T,;, SEAS;'Q 7HE CIPT-
FICAT: 74 CF TH- CG-i CLER T" ::. 6,;'_C h:,E E.4i'o:.^. A,;- N; F.? E'•.L HSS SEEN FILED,
OR THAT. IF H25 b":- FILE TdAT 1T H'S SEE;; D;S:,IS2ED CR CEi.'E7 IS
RECC;4DED IN T,..E S:,7;H ESSE" RE_!STPY OF EEE.S M0 INDEXED L:CCER THE PoAidE OF THE 07l5ER
OF RECORD OR IS RECDRDLD AND NOTED OR THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL