81 ESSEX STREET - ZBA 81. Essex St. R-2
James & Giaire Bailey
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Boarb of Appeal
DECISION ON THE PETITION OF JAMES AND CLAIRE BAILEY FOR
A SPECIAL PERMIT AT 81 ESSEX ST. (R-2)
A hearing on this petition was held May 15, 1991 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!
Petitioners, owners of the property, are requesting a Special Permit to increase
nonconforming density by allowing the construction of a sun room in this Residential
Two Family 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 nonconfomring structures, and for changes, enlargement, extension or expansion
of nonconforming lots, land, structures, and uses, provided, however, that such
change, extension, enlargment 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, and
after viewing the plans, makes the following findings of fact:
1 . Councillor Nowak, the Ward Councillor, expressed support for the petition.
2. No opposition to the proposal was expressed at the public hearing.
3. The proposed addition was designed by a local architect known to the Board
as being sensitive to the historic character of this property and the
zoning district in general.
4. The proposed addition would not be readily visible from the public street.
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 in harmony with the district and will
promote the safety, convenience and welfare of the inhabitants.
2. The Special Permit requested can be granted without substantial detriment to
the public good and without nullifying or substantially derogating from the
intent of the district of the purpose of the Ordinance.
DECISION ON THE PETITION OF JAMES AND CLAIRE BAILEY FOR
SPECIAL PERMIT AT 81 ESSEX 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 . All construction be in compliance with City and State Building Codes.
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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. A Building Permit be obtained.
5. A Certificate of Occupancy be obtained.
6. All requirements of the Salem Fire Department relative to smoke and
fire safety be strictly adhered to.
Special Permit Granted
May 15, 1991
Mary(/J&rhe StirgwoYit, Member, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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-d - Appeal from this decision, If any, shall be made pursuant to Section 17 Of
to 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.
Pnr=uont to Mass. General Laws, Ch=ter 808, Section 11, the Variance
- ei +oruaf Permit granted herein shall not take effect until a copy of the
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N � rtoavon, hoarmr the certification of the City Clerk that 20 days have
elapsed an,,,4 no appeal has been filed, or that, if such appeal has been
'a filed, that it has been dismissetl or denied is recorded in the South Essex
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Registry of De=ds and indexed under the name or the owner of record or
is recorded and noted on the owner's Certificate of Title.
BOARD OF APPEAU
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