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3 HAMILTON STREET - ZBA (2) 5 Hamilton St. R-2 Richard B. Paul s i I ofttlem, aura of : J ��e E _ B 11 Y C L,- " !"J' S DECISION ON THE PETITION OF RICHARD B. PAUL FOR A SPECIAL PERMIT AT 3 HAMILTON ST. A hearing on this petition was held August 27, 1986 with the following Board Members present: James Hacker, Chairman; Messrs. , Bencal, Fleming, Luzinski 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. Petitioner, owner of the property, requests a Special Permit to extend nonconforming side setback to allow construction of a single story deck in this R-2 district. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Per „ t 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 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, the 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. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1 . The proposed deck will promote the convenience and welfare of the City's inhabitants and will be in harmony with the neighborhood; 2. The relief requested can be granted without substantial detriment or without nullifying or substantially derogating from the intent or purpose of the Ordinance. I DECISION ON THE PETITION OF RICHARD B. PAUL FOR A SPECIAL PERMIT FOR 3 HAMILTON 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 . A legal building permit be obtained; 2. Work be done in accordance with plans and specifications submitted. SPECIAL PERMIT GRANTED (Ala) Peter Strout, Member, Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK P"PEAL FFj THIS ir SHALL EE `•BADE PURSCANT TO SECTION 17 OF THE L S. ChF=T Ei: 8J8 A. S:;J.LL BE FILE"' 'S'ITH!N 23 LA'rS AFTER TH: DATE OF FILIN1 CIF T'i 'I" S!O': IN THC OF ThC CITY CLEP.i( PJ.'_�.N- TG .:°.SS :`_'.cr�L 1:.... C'IAFTER 838, SE03f, 11. HE V',RIA', CP. "PC:GL PER 7 G Rnl.Tu h=:_hr, Sn.LI !ro-" T.u._ EFFwT L'!.71L A COPY OF ._C!S'C . S_ TH'_ CERT. JF ;H'� CI-If C 4Ph Li4T 2(1 DA1S ,'E ELAF;E] 4;:, i... A7r.:.! d S c:�:: FILED, OR 7K-T, iF SJCH .P?EAL HAS KE,, F!i%, THIJ IT HAC ..EE: DI`" SsrJ i R _ „EO IS RECCRDED M TH' SOoiH ESSEY. hEGISTRY OF DEEDS A';D C;DE):EDD Ui;un; ThE OF THE OF RECORD OR IS RECORDED AND NOTED CA THE UMER'S CERTIFICATE OF TITLE. BOARD OF APPEAL CARTER & TOWERS ENGINEERING CORP. i Joseph D. Caner 6 FAIRVIEW AVENUE Professional Engineer Registered Land Surveyor SWAMPSCOTT, MASS 01907 _ Tel. 592.8386 i � I s �,A a Ts2.m.� ,;—= r ` h To thed5 {: and J.T'�TiTt �avtSetQsy 4/r I herehy certify theA I have examined Tom, tt:e prerisra nd c1 easzmentS, �I �� encro�cllric:s a,:adia;;s are Q h;oaLLI o:: i.i. as shown. r :,:;:'.ilts shown ,d,ls of l= St-1�cuTLEVX �„'���n1. t�„�©, 3 •�:�. � �AL�NI , ...,. :��tS:iUtfed. ii:.. i•. : ucture icc.ted in the r Pr,idYilitiClf IL:Ua LJ.. {J / Joseph D. Ca{tit R.L.S. #9387 ST. j . '- � NOTE: This cert:ftcatfm: to based on the loc:'"On of ni attars, and dins nor, Leuc... ...i To be uar;d !'or '..!r:r ❑urpO:: ;n only„ CIVIL ENGINEERING PERCOLATION TESTS - SEWAGE DISPOSAL DESIGNS SURVEYING