12 GROVE STREET - ZBA 12 Grove St. R-2
Russel & Wendy Thatcher
a
of Salem, 'Massadjusetts
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ILEc':E
DECISION ON THE PETITION OF RUSSELL THATCHER FOR A SPECIAL
PERMIT AT 12 GROVE STREET (R-2)
A hearing on this petition was held April 19, 1989 with the following Board
Members present: James Fleming, Chairman; Mssrs. , Bencal, Luzinski, Nutting 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.
The petitioner, owner of the property, is requesting a Special Permit to extend
a nonconforming structure by the construction of a deck at 12 Grove St. The
locus is in an R-2 District.
The provision of the Salem Zoning Ordinance with 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 neighbhorhood.
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 petition.
2. The deck will be in harmony with the existing dwelling and the
existing neighborhood.
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 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 addition will be in harmony with the neighborhood and will promote
the public health, safety, convenience and welfare of the City's
inhabitants.
DECISION ON THE PETITION OF RUSSELL THATCHER FOR A SPECIAL
PERMIT AT 12 GROVE ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Special Permit, subject to the following conditions:
1 . That all construction be in accordance with the provisions of
the Massachusetts State Building Code.
2. That the petitioner comply with all the requirements of the Salem
Fire Department, relative to fire safety.
3. That all construction be as per the plans and dimensions submitted
to the Board of Aopeal.
4. That the petitioner obtain a Building Permit from the Inspector
of Buildings.
SPECIAL PERMIT GRANTED
James M. Fleming, Esq. , C.Iftirman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
�,:! horn lhu cccn•,-on, if any, shill be made pu IS"nit to Scr.Lon 17 or
tie Wss. General Lava, Chapter SUS, and shall be wed r'ithm 20 days
ft.r tale Cale of filing or L'us decision in the mike of the City Clerlc.
f r: L; '..as;. Ceneral Lo'.a, Cii BUR, Sc:bon 1 !. Pre b,.r.rmce
o, C r nl Permit Giantrd herem so:,I :,ot take elhrt L-nh: a copy of rile
d:;isnn, bearing the cep Wic3uon of the city Clerk that 20 d:v:: hive
cL ps^_d and no appeal has been filed, or that, if such ,ppoal has been
fled, tnat it has been dismissed or denied Is recorded in the South Essex
Re,,,islry of Deeds and indexed undo the name or the owner of record or
is recorded and noted on the owner's Certificate of Title.
BOARD OF APPEAL