54 LAWRENCE STREET - ZBA 54 LAWRENCE STREET
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Legal140 ice f
1 SALEM -�
F APPEAL
ExL 381
ilic hearing for all
1 in the petition sub
miffed by PEDRO JIMENEZ requesting
a Special Permit per Section 8-4
to allow the expansion of a three
level deck for property located at
54 LAWRENCE STREET R-2. Said
hearing will be held WEDNESDAY,
SEPTEMBER 21,2005 AT 6:30 P.M.,
120 WASHINGTON STREET, 3RD
FLOOR,ROOM 313.
Nina Cohen
(917,14) _ Chairman
CITY OF SALEM, MASSACHUSETT—is k E 9.
IngBOARD OF APPEAL CLEI-' OFFIE
120 WASHINGTON STREET, 3RD FLOOR
I*
SALEM, MASSACHUSETTS 01970
STANLEY J.
USOVICZ, JR. TELMAYOR EPHONE:
E : 78-74 -9595 2(165 SEP 30 A �
DECISION ON THE PETITION OF PEDRO JIMEIREZ REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 54 LAWRENCE STREET R-2
A hearing on this petition was held on September 21, 2005 with the following Board
Members present: Nina Cohen, Chairman, Richard Dionne, Nicholas Helides, Bonnie
Belair and Edward Moriarty. . 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 requests a Special Permit per Section 8-4 to allow the expansion of a three
level deck for the property located at 54 Lawrence Street located in an R-2 zone.
The provision of the Salem Zoning Ordinance which is applicable to this request for a
Special Permit is section 5-3 (2) (8), 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 of expansion, of nonconforming
lots, land, structures, and uses, provided however, that such change, extension,
enlargement of 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.
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
stuctures in the same district.
B. Literal enforcement of the provisions of the Zoning Ordinance would involve
Substantial hardship, financial or otherwise, to the petitioner.
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
C17 r' V SALEM. MA
CLERK'S OFFICE
L
DECISION OF THE PETITION OF PEDRO JIMENEZ REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 54 LAWRENCE STREET R-2
page two 1005 SEP 30 A q j
1. Petitioner Pedro Jimenez would like to increase the size of the already existing
structure. The expansion would add to the safety of the tenants of the building
and facilitate moving in or out of the units
2. Plans were submitted showing the proposed decks.
3. There was no opposition to this 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. Literal enforcement of the provisions of the ordinance would involve substantial
hardship on the petitioner.
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.
3. 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.
4. Special conditions exist which especially affect the subject property, but not the
district in general.
On the basis of the above findings of fact, the Zoning Board of Appeal voted 5 favor and
0 in opposition to grant the Special Permit requested, subject to the following conditions;
1. All requirements of the Salem Fire Department relate to smoke and fire safety shall
be strictly adhered to
2. All construction shall be done as per the plans and dimensions submitted and
approved by the Building Commissioner.
3. Petitioner shall obtain a building permit before beginning any construction
4. Petitioner is to provide a report from a structural engineer as to the capacity of the
House to support the increased structure of the new decks.
Special Permit Granted
September 21, 2005
onni
Board Of Appeal
C �
✓ CI Ir i liY -AL'DM. MA
CLERK'S OFFICE
2615 SEP 30 A q: I 3
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 MGL Chapter 40A, 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 the 20 days have elapsed and no appeal has been
filed, or that, if such appeal has been filed, that is 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.
deck expansion
June 20 , 2005
This is regarding expanding the rear decks of
54 Lawrence Street , Salem , Ma. , two (2) neighbors
within ten (10) feet of the property are :.
�auise Sullivan sz. Lawrence Street , Salem , MA
and
AAE Mguak-ck- Cloutman street , Salem , MA
Yes , I of Sa Lawrence Street
give per ission to 54 Lawrence street ,
Pedro Jimenez and Debra Joyce-Jimenez .
Yes , I O of O'171V Cloutman Street
give permission to 54 Lawrence Street ,
Pedro Jimemez and Debra Joyce-Jimenez .
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