36 JUNIPER AVENUE - ZBA 36 JUNIPER AVENUE (R-1 )
NANCY HARRINGTON
Co
r
(IIity of -ttlem, 492issurbusetts
bourb of .Ar}teul
JUL IU 2 44 fd "35
CITY Ci f '-H. MASS
ci ( ttKIS Ci E IC,
DECISION ON THE PETITION OF NANCY HARRINGTON FOR A SPECIAL PERMIT AT 36
JUNIPER AVENUE. (R-1 )
A hearing on this petition was held June 28, 1995 with the following Board
Members present: Stephen Touchette, Chairman, Gary Barrett, Nina Cohen,
Joseph Ywuc and Albert Hill . 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 for
minimum lot area and minimum width of side yard.
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 Special Permit which has been requested may be granted upon a finding
of the Board that:
A. Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally
affecting other lands, buildings or structures in the same district.
B. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the
petitioner.
DECISION ON THE PETITION OF NANCY HARRINGTON FOR A SPECIAL PERMIT
AT 36 JUNIPER AVENUE.
page two
C. Desirable relief may 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.
The Board of Appeal, after careful consideration of the evidence presented,
and after viewing the plans, makes the following findings of fact:
1. Leonard O'Leary spoke in favor of the Petition.
2. There was no opposition to the petition.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property
but not the district in general.
2. Literal enforcement of the provisions of the Ordinance would involve
substantial hardship on the petitioner.
3. 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.
4. The Special Permit granted can be granted in harmony with the
neighborhood and will promote the public health, safety, convenience
and welfare of the city's inhabitants.
Therefore, the Zoning Board of Appeal voted unanimously, 3-0, to grant the
relief requested, subjedr 'to the following conditions:
1. Petitioner shall comply with all city and state statutes, codes
ordinances and regulations.
2. Petitioner is to obtain approval from any City Board or Commission
having jurisdiction including, but not limited to, the Planning Board.
Special Permit Granted
June 28, 1995
Albert C. Hill
Member, Board of Appeal
—o O
';co
ow
_s
nx
-n D
V, �`
DECISION ON THE PETITION OF NANCY HARRINGTON FOR A SPECIAL PERMIT AT 36
JUNIPER AVENUE.
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 Y-GL Chapter
ADA, Section 11, the Variance or 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
� c
r
C?
N
Y
LZ
10 (..n