3 HAMILTON STREET - ZBA 3 Hamilton St. R-2
Richard B. Paul �� \
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�ntcrD of � ettl OCT 30 2 53 PH '06
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DECISION ON THE PETITION OF RICHARD B. PAUL FOR A CIT1 L°4.IfASc
SPECIAL PERMIT FOR 3 HAMILTON ST.
A hearing on this petition was held October 8, 1986 with the following Board Members
present: James Hacker, Chairman; Messrs. , Fleming, Luzinski, Strout and Associate
Member 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 extend non-
conforming 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 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 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;
2. Previous approval was granted for a 10' x 10' porch was
granted.
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 neighborhood and will not substantially derogate
from the intent or purpose of the Ordinance;
2. The proposed deck will promote the public health, safety,
convenience and welfare of the City's inhabitants.
DECISION ON THE PETITION OF RICHARD B. PAUL FOR A
SPECIAL PERMIT FOR 3 HAMILTON ST. , SALES;
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Special
Permit requested on condition all work be done in strict accordance with the
plans on file.
-awes B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEE14 FILED WITH THE PLANNING BOARD AND THE CITY CLERi:
A??Ent FROM THIS DECISION, IF ANY, SHALL BE EIADE PURSUANT TO SECTION 17 OF THE PAASS.
GECERAL LA1YS, CHAPTER US, AW SH.LL BE FILED 'J. HIN 20 DAYS AFTER THE DATE OF FILING
OF 'HIS DECIS:ON I.: THE CFRCE 6F THE CITY CLERK.
PUic:.:;T TO :..:SS GE6ERC L=.:�? -.''c S03, SECTI-,N 11, THE CA. :CE OR SPECIAL PERM
GR,iJ:7_ED {:=':i:,. S:�'LL 77.,- T t"�£Q WIML A COPY CF TI- .,Et,.'. 1HE CEi,T-
FI;.eSI:„ :F THE MY C!ER`: TbA" - .. YS HA' ELF?SED ..�:J ?:u . .;�L EHAS C-CI FI'_E0.
OR ',H''T, IF SD: '! AN APF=AL HAS E4E'i FIL_, THAT IT H';: u`E1 PIS.",'C __ OR f'£.iiED IS
RECCSCEO m THE ..-d,H ESSE' C=_!bTR! OF OLuS A!ID MDEY,ED Ci:CE,-i THE 1'-1E OF TnE OL:'NC,';
OF RECL'RD OR IS RECORDED AND N,—.ED ON TB_ OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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