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7 GLENDALE STREET - ZBA 7 Glendale St. ! Richard Marden/Darlene Johnson Com v Ctu of ttlem, 'fflttssadjusetts 4 Pottrb of &A"eal JULY 6, 1994 YOU ARE HEREBY NOTIFIED THAT AS OF JUNE 29, 1994 THE DECISION OF THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE CITY CLERK TO GRANT THE PETITION OF RICHARD MARDEN & DARLENE JOHNSON FOR A SPECIAL PERMIT TO ALLOW CONSTRUCTION OF DECK IN THE REAR OF 7 GLENDALE STREET. BOARD OF APPEAL BRENDA M. SUMRALL CLERK OF THE BOARD 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/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 (9itu of -,5nlem, AassnclluBetts 3 'Suttra of .�u}ienl Jud 29 2 s2 PM '9q CITY OF SALEM, MASS CLERK'S OFFICE DECISION ON THE PETITION OF RICHARD MARDEN & DARLENE JOHNSON FOR A SPECIAL PERMIT AT 7 GLENDALE STREET (R-1) A hearing on this petition was held June 15, 1994 with the following Board Members present: Stephen Touchette, Chairman; Gary Barrett, Albert Hill, and Nina Cohen. 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 allow construction of a deck which will extend nonconforming rear setbacks, the property is located in the R-1 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 Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1. There was no opposition to the petitioners request. 2. The granting of the special permit would allow the petitioners a fuller use of their property. 3. This is the most feasible location for the deck to be located. 4. According to the plans submitted the deck will be constructed a a height of two (2) feet from ground level. JUN 19 2 S2 PM '34 C17Y OF SALEM. MASS DECISION ON THE PETITION OF RICHARD MARDEN AND DARLENE JOHNSON CLERK'S OFFICF FOR A SPECIAL PERMIT AT 7 GLENDALE STREET, SALEM page two On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1. 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 or the purpose of the Ordinance. 2. The granting of the Special Permit requested will promote the public health, safety, convenience and welfare of the City's inhabitants and may be granted in harmony with the neighborhood. Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the Special Permit requested, subject to the following conditions: 1. Petitioner shall comply with all City and State statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted. 3. All requirements of the Salem Fire Department relative to smoke and fire safety are to be strictly adhered to. 4. Petitioner shall obtain a building permit prior to starting construction. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. Special Permit Granted June 15, 1994 Nina V. Cohen, Member Board of appeal Jum 29 2 52 N 'N CITY OF SALEH, MASS CLERK'S CFFIrF DECISION ON THE PETITION OF RICHARD MARDEN AND DARLENE JOHNSON FOR SPECIAL PERMIT AT 7 GLENDALE STREET, SALEM page three 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 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 i (Cita of �ttlem, :fusszirituseits Board of ^Au}renl tum 29 2 s2 PB '94 CITY OF SALEM, MASS CLERK'S OFFICE DECISION ON THE PETITION OF RICHARD MARDEN a DARLENE JOHNSON FOR A SPECIAL PERMIT AT 7 GLENDALE STREET (R-1) A hearing on this petition was held June 15, 1994 with the following Board Members present: Stephen Touchette, Chairman; Gary Barrett, Albert Hill, and Nina Cohen. 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 allow construction of a deck which will extend nonconforming rear setbacks, the property is located in the R-1 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 Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1. There was no opposition to the petitioners request. 2. The granting of the special permit would allow the petitioners a fuller use of their property. 3. This is the most feasible location for the deck to be located. 4. According to the plans submitted the deck will be constructed a a height of two (2) feet from ground level. Jux Z9 2 s2 PM '9�1 CITY OF SALEM. MASS DECISION ON THE PETITION OF RICHARD MARDEN AND DARLENE JOHNSON CLERK'S OFFICE FOR A SPECIAL PERMIT AT 7 GLENDALE STREET, SALEM page two On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1. 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 or the purpose of the Ordinance. 2. The grantinb of the Special Permit requested will promote the public health, safety, convenience and welfare of the City's inhabitants and may be granted in harmony with the neighborhood. Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the Special Permit requested, subject to the following conditions: 1. Petitioner shall comply with all City and State statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted. 3. All requirements of the Salem Fire Department relative to smoke and fire safety are to be strictly adhered to. 4. Petitioner shall obtain a building permit prior to starting construction. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. Special Permit Granted June 15, 1994 Nina V. Cohen, Member Board of appeal JuH 29 2 sz N '9q CITY OF SALEM, MASS CLERK'S OFFICF DECISION ON THE PETITION OF RICHARD MARDEN AND DARLENE JOHNSON FOR SPECIAL PERMIT AT 7 GLENDALE STREET, SALEM page three 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 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 Chi of alem, fltts5arhusetts M 3a4 = 3�nnra of �,.�u�tenl Jus 19 2 s2 PH '94 CITY OF SALEM, MASS CLERK'S OFFICF DECISION ON THE PETITION OF RICHARD MARDEN & DARLENE JOHNSON FOR A SPECIAL PERMIT AT 7 GLENDALE STREETR-1 ( ) A hearing on this petition was held June 15, 1994 with the following Board Members present: Stephen Touchette, Chairman; Gary Barrett, Albert Hill, and Nina Cohen. 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 allow construction of a deck which will extend nonconforming rear setbacks, the property is located in the R-1 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 Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1. There was no opposition to the petitioners request. 2. The granting of the special permit would allow the petitioners a fuller use of their property. 3 . This is the most feasible location for the deck to be located. 4. According to the plans submitted the deck will be constructed a a height of two (2) feet from ground level. JUN 19 2 s2 PH -34 CITY OF SALEM. Mass DECISION ON THE PETITION OF RICHARD HARDEN AND DARLENE JOHNSON CLEP%K'S OFFICE FOR A SPECIAL PERMIT AT 7 GLENDALE STREET, SALEM page two On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1. 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 or the purpose of the Ordinance. 2. The grantirof the Special Permit requested will promote the public health, safety, convenience and welfare of the City's inhabitants and may be granted in harmony with the neighborhood. Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the Special Permit requested, subject to the following conditions: 1. Petitioner shall comply with all City and State statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted. 3. All requirements of the Salem Fire Department relative to smoke and fire safety are to be strictly adhered to. 4. Petitioner shall obtain a building permit prior to starting construction. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. Special Permit Granted June 15, 1994 Nina V. Cohen, Member Board of appeal Jux 29 2 52 M '9q CITY OF SALEM. MASS CLEZK'S O=FICF DECISION ON THE PETITION OF RICHARD MARDEN AND DARLENE JOHNSON FOR SPECIAL PERMIT AT 7 GLENDALE STREET, SALEM page three 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 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 of -$ttlem, 4fassarijusetts Board of d ettl JU B 2 52 PUN CITY OF SALEM, MASS CLERK'S OFFICF DECISION ON THE PETITION OF RICHARD MARDEN & DARLENE JOHNSON FOR A SPECIAL PERMIT AT 7 GLENDALE STREET (R-1 ) A hearing on this petition was held June 15, 1994 with the following Board Members present: Stephen Touchette, Chairman; Gary Barrett, Albert Hill, and Nina Cohen. 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 allow construction of a deck which will extend nonconforming rear setbacks, the property is located in the R-1 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 Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1. There was no opposition to the petitioners request. 2. The granting of the special permit would allow the petitioners a fuller use of their property. 3 . This is the most feasible 'Location for the deck to be located. 4. According to the plans submitted the deck will be constructed a a height of two (2) feet from ground level. JUN 29 2 52 PN '94 CITY OF SALEM. ASS CLERK'S OFFICE DECISION ON THE PETITION OF RICHARD MARDEN AND DARLENE JOHNSON FOR A SPECIAL PERMIT AT 7 GLENDALE STREET, SALEM page two On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1. 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 or the purpose of the Ordinance. 2. The grantirp of the Special Permit requested will promote the public health, safety, of and welfare of the City's inhabitants and may be granted in harmony with the neighborhood. Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the Special Permit requested, subject to the following conditions: 1. Petitioner shall comply with all City and State statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted. 3. All requirements of the Salem Fire Department relative to smoke and fire safety are to be strictly adhered to. 4. Petitioner shall obtain a building permit prior to starting construction. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. Special Permit Granted June 15, 1994 Nina V. Cohen, Member Board of appeal Jux 19 2 52 M '9q CITY OF SALEM, MASS CLERK'S OFFICE DECISION ON THE PETITION OF RICHARD MARDEN AND DARLENE JOHNSON FOR SPECIAL PERMIT AT 7 GLENDALE STREET, SALEM page three 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 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