18 BRIDGE STREET - ZBA (4) 18 Briggs St. R-2
Timothy Berry
(fity ofttiem, ttssttchusettg
-.�,. Der
DECISION ON THE PETITION OF TIMOTHY BERRY FOR A FILE
SPECIAL PERMIT AT 18 BRIGGS ST. CITY
A hearing on this petition was held September 24, 1986 with the following Board
Members present: James Hacker, Chairman; Messrs. , Bencal, Fleming, Luzinski and
Strout. 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 non-
conforming side and rear setbacks to allow construction of a deck in this R-2 zone.
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 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
hearing and after viewing the plans presented, makes the following findings of fact:
1 . There was no opposition;
2. Proposed deck will enhance the property value;
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 not be subtantially detrimental to
the neighborhood;
2. The deck will promote the convenience and welfare of the
City's inhabitants and will be in harmony with the district.
DECISION ON THE PETITION OF TIMOTHY BERRY FOR A
SPECIAL PERMIT AT 18 BRIGGS ST. , 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 . The deck is to be constructed in strict accordance with plans
submitted;
2. Deck and stairs shall not encroach Wore than line andrshallfeet not on
the side yard on the northeast property line.
encoach more that four (4) feet on the rear property
3. A Building Permit must be obtained.
SPECIAL PERMIT GRANTED
james B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLr-3 :
UFEAL FRV TH2 DECISIDN. IF ANY. SH;LL BE MDE PURSUANT TO SECT Ofi 17 OF UE L':^1-
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OF RECORD OR IS RECORDED AND NOTED D6 THE OWNER'S CiRTING E OF TIT:
BOARD OF APPEAL