7 BOTTS COURT - ZBA 7 Botts Court R-2
' Peter & Jeanne Kempthorne
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DECISION ON THE PETITION OF PETER AND JEANNE KEMPTHORNE for
FOR A SPECIAL PERMIT AT 7 BOTTS COURT (R-2)
A hearing on this petition was held June 14, 1989 with the following Board
Members present: James Fleming, Chairman; Richard Bencal, Vice Chairman; John
Nutting, Secretary, Edward Luzinski and Richard Febonic. 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 40,
Petitioners, owners of the property, are requesting a Special Permit to allow
construction of a deck/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 Sectioi
VIII F and IX D, grant Special Permits 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, expansion or enlargment 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
hearing and after viewing the plans, makes the following findings of fact:
1 . No support or opposition was presented.
2. The proposed addition would be used as a second means of egress.
3. There is currently a six foot drop from the rear of the house to
ground level.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . The relief requested can be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Special Permit requested, subject to the following conditions:
DECISION ON THE PETITION OF PETER AND JEANNE KEMPTHORNE FOR A
SPECIAL PERMIT AT 7 BOTTS COURT, SALEM
page two
1 . All construction be done as per existing City and State building codes.
2. All construction be done as oer the plans submitted and by legal building
permit.
3. Petitioner obtain a Certificate of Appropriateness from the Salem
Historical Commission.
SPECIAL PERMIT GRANTED
-Flichard A. Bencal, Vice Chairman
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 Lacs, Chapter 808, and shall be filed within 20 days after the date of filing
of this decision in the office of the City Cleric.
Pursuant to Mass. General Lags, Chapter 808, Section 11 , the Variance or Special Permit
granted herein shall not take effect until a copy of the decision, bearing the certi
fication of the City Cleric that 20 days have elapsed and no appeal has been filed,
or that, if such an appeal has been filed, that it has been dismissed or denied is
recorded in the South Essex Registry of Deeds and indexed under the mane of the
cwner of record or is recorded and noted on the aner's Certificate of Title.
Board of Appeal