8 CEDARVIEW STREET - ZBA 8 CEDARVIEW STREET (R-1 )
MARY TURCOTTE
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DECISION ON THE PETITION OF MARY TURCOTTE FOR A VARIANCE AND SPECIAL PERMIT
AT 8 CEDARVIEW STREET. (R-1)
A hearing on this petition was held March 15, 1995 with the following Board
Members present: Gary Barrett, Acting Chairman; Arthur Labrecque, Joseph
Ywuc, Mina Cohen and Albert Hill. 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 allow
a home occupation on the premises and a Variance to allow extension of an
existing non-conforming structure,allowing a second story to be added to
the existing garage for the property at 8 Cedarview Street.
The provision of the Salem Zoning Ordinance which is applicable to this
request for a Special Permit is section 5-3(j ) , 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 8-6 and 9-4, 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 Variances which have been requested may be granted upon a finding of
the Board that:
A. Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally
affecting other lands, buildings or structures in the same district.
B. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the
petitioner.
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DECISION ON THE PETITION OF "IARY TURCOTTE FOR A SPECIAL PERMIT
AND VARIANCE AT B CEDARVIEW STREET.
page two
C. Desirable relief may 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.
The Board of Appeal, after careful consideration of the evidence presented,
and after viewing the pians, makes the following findings of fact:
1 . Everett Buckley of 9 Cedarview Street and Tony Lamont of 5 Cedarview
Street spoke in favor of the petition.
2. Robert and Lucy Dixon of 10 Cedarview Street spoke in opposition to the
petition.
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 . Special conditions exist which especially affect the subject property
but not the district in general.
2. Literal enforcement of the provisions of the Ordinance would involve
substantial hardship on the petitioner.
3. 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.
4. The Special Permit granted can be granted in harmony with the
neighborhood and will promote the public health, safety, convenience
and welfare of the city's inhabitants.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
relief requested, subject to the following conditions:
1 . Petitioner shall comply with all city and state statutes, codes ,
ordinances and regulations.
2. All construction shall be done per the plans and dimensions submitted.
3. All requirements of the Salem Fire Dept. relative to smoke and fire
safety shall be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any
construction.
5. Exterior finishes of the new construction shall be in harmony with
the existing structure.
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DECISION CN THE PETITION OF NARY TURCOTTE FOR A VARIANCE AND SPECIAL PERMIT
AT 8 CEDARVIEW STREET.
page three
6 . A Certificate of Occupancy is to be obtained.
? . A Certificate of Inspection is to be obtained.
8. All construction shall be conducted between the hours of gam and 4pm
Monday through Friday only, with a minimum of three construction
workers performing the construction.
9. No retail business is allowed under this Special Permit.
10. No commercial deliveries are to be made to this business under this
Special Permit.
11. All construction is to be completed within sixty (60) days after
issuance of a building permit.
12. The Special Permit expires three (3) years from the time it was
granted, after which, the petitioner may petition the Board of Appeal
for an extention to the Special Permit.
Variance and Special Permit Granted
March 15, 1995
Albert C. Hill, Jr.
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
MGL Chapter 40A, and shall be filed within 20 days after the date of filing
of this decision in the office of the City Clerk. Pursuant to MGL Chapter
40A, Section 11, the Variance or Special Permit granted herein shall not
take effect until a copy of the decision, bearing 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 of
the owner of record or is recorded and noted on the owner's Certificate of
Title.
Board of Appeal
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PLOT PLAN OF LAND IN SALEM, MA.
SCALE: 1"=20 ' -
DATE JAN. 17, 1995.
NOTE: Offsets shown are approx. by tape survey,
an instrument survey is recommended
BAY STATE SURVEYING ASSOCIATES
234 CABOT STREET, BEVERLY, MA. ,
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PETITION
WE, THE UNDERSIGNED ABUTTERS AND NEIGHBORS, PETITION THE SALEM
BOARD OF APPEALS TO GRANT THE REQUESTED VARIANCE AND SPECIAL PERMIT
OF .MARY TURCOTTE OF 8 CEDARVIEW STREET. THE VARIANCE WOULD ALLOW
THE EXTENTION OF AN EXISTING NON CONFORMING STRUCTURE BY ALLOWING
A SECOND STORY TO THE EXISTING GARAGE.
WE WOULD ALSO ASK THAT THE BOARD OF APPEALS GRANT A SPECIAL PERMIT
TO ALLOW THE PREMISES TO HOUSE A SMALL CERAMIC BUSINESS.
WE FEEL THAT THE PETITION SHOULD BE GRANTED IN THAT THE RELIEF
GRANTED, ALLOWING THE PROPOSED VARIANCE AND SPECIAL PERMIT WOULD BE
BE BENEFICIAL TO THE NEIGHBORHOOD IN THAT THE PROPOSED VARIANCE
WOULD ALLOW AN ADDITION TO THE PROPERTY . TAX BASE AS WELL AS
INCREASE PROPERTY VALUES IN THE NEIGHBORHOOD.
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