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24 GROVE STREET - ZBA (2) 24 Grove Street R-1 Raymond & Barbara Haight J 1 V � I J 11 (Ilif ofttlPm, ttssttr�ju�effs ^� �Roarb of �u}tenl PITY a DECISION ON THE PETITION OF RAYMOND AND BARBARA HAIGHT FOR A SPECIAL PERMIT AT 24 GROVE STREET (R-1) A hearing on this petition was held August 9, 1989 with the following Board Members present: Richard Bencal, Vice Chairman, John Nutting, Secretary, Messrs. Richard Febonio, Edward Luzinski and Peter Dore. 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 construction of an addition and deck located in an R-1 district. 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 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 special permit will promote the public health, safety, convenience and welfare of the City's habitants. The Board of Appeal, after careful consideration of the evidence presented, and after viewing the plans, makes the following findings of fact: 1. There was no opposition. 2. Neighbors and abutters spoke in favor. 3. The proposed changes would allow the petitioner a fuller use of their property. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1. The granting of the requested Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants and will be in harmony with the neighborhood. DECISION ON THE PETITION OF RAYMOND AND BARBARA HAIGHT FOR A SPECIAL PERMIT AT 24 GROVE STREET (R-1) page two 2. 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. Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the request for a Special Permit to allow construction of an addition and deck, subject to the following conditions: 1. All requirements of the Salem Fire Department relative to smoke and fire safety be adhered to. 2. All construction be done with a legal building permit and as per all City and State Building codes. 3. All construction be as per plans and dimensions submitted. 4.. Exterior finishes of the proposed addition be in harmony with the existing building. GRANTED Richard T. Febonio, Board Member 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 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. Pursuant to Mass. General Laws, Chapter 808, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the dacision. bearing, the certification of the City Clerk that 20 days have elapsed and no appeal has been filed, cr 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 or the owner of record or is recorded and noted on the owner's Certificate of Title. BOARD OF APPEAL r • •— _ C ,�,,tr:.-•�E- a -•rA i � Cn'•:�`"� .i Cl r,! f}SI'! _ 1 Pool - pwic.�r3.;G�oria a� I � Los 2SD � 3 3r.✓%n' St' II Imo_;,.. '3,2i • t•rs . Arer�= S.r�y3SF _ ZZ c=/d;roe d Zu9 J� Levesgvg I2 'i Greva 74 ✓w� iGn� I (� 1 cL _ cj y? C/Z0 ✓� ST. 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