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Dennis J. Gray & Assoc.
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d- Will hold a public hearing for all
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in submitted by DENNIS J. GRAY &
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at located at 40 FLINT STREET 1 a
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WEDNESDAY. MARCH t 9
9. 977
iev AT 6:00 P.M..ONE SALEM GREEN.
ian 2nd Floor.
Gary Barrett.Chairman ,
(3,'5,3,12/97)
of Salem, �Eassarljusetts
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CITY Of' SALCM, MASS
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DECISION ON THE PETITION OF DENNIS J. GRAY & ASSC.REQUESTING A VARIANCES
AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 40 FLINT STREET (R-2)
A hearing on this petition was held March 19, 1997 with the following Board
Members present: Gary Barrett; Chairman, Nina Cohen, Albert Hill,
Paul Valaskagis and Arthur LeBrecque. 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, is requesting a Variance from front, side and rear setbacks and
a Special Permit to enlarge a non-conforming structure for the property
located at 40 Flint Street. This property is located R-2 zoning district.
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.
.f
DECISION OF THE PETITION OF DENNIS J. GRAY & ASSOC.REQUESTING A SPECIAL
PERMIT AND VARIANCE FOR THE PROPERTY LOCATED AT 40 FLINT STREET, SALEM
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 plans, makes the following findings of fact:
1. Petitioner, an architect, was retained by the owner of the single
family residence at 40 Flint Street to prepare plans for a second
floor addition to the existing structure.
2. The existing structure is nonconforming by reason of a failure to
meet front, rear and side setback requirements. The proposed second
floor addition would expand the nonconformity by approximately 2 feet
on all sides of the house. The petitioner sought variances to enable
the work to be done.
3. Petitioner also sought a Special Permit to enlarge the nonconforming
structure.
4. There was no opposition to the proposed relief.
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 do exist which especially affect the subject
property and 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 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 as per the plans and dimensions
submitted.
DECISION OF DENNIS J. GRAY & ASSOC. REQUESTING A VARIANCE AND SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 40 FLINT STREET, SALEM (R-2)
page three
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4. Petitioner shall obtain building permit prior to beginning any
construction.
5. A Certificate of Occupancy shall be obtained.
6. Exterior finishes of the new construction shall be in harmony with the
existing structure.
7. Petitioner is to obtain approval from any City Board or Commission
having jurisdiction including, but not limited to, the Planning Board.
Variance & Special Permit Granted
March 19, 1997
Nina Cohen, 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
March 19, 1997
Re: Proposed Construction at 40 Flint Street
To Whom It May Concern:
Our proposed construction plans consist of the addition of one Bedroom and Bathroom
over the existing Living Room and Kitchen. The addition will extend approximately two
feet to the front and rear of the existing structure. The existing chimney will be extended
to the appropriate height above the new roofline.
Sincerely,
Christopher Copelas