6 MANNING STREET - ZBA 6 MANNING STREET
J
V
V
_J
v.
I 1ko Notitz
CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext.381
Will hold a public hearing for all
persons interested in the petition sub-
mitted by JOHN REENAN requesting
a Special Permit for enlargement of
nonconforming residential structure
for the property located at 6 MAN-
NING STREET R-1.Said hearing to be
held WEDNESDAY, JULY 18, 2001
AT 6:30 P.M., 120 WASHINGTON
STREET,3rd floor.
Nina Cohen,Chairman
(775,11)
i
i
Jit ofulem, nss�cljusll ERht S OFFICER
�3nttra of �pveal
1001 AUG - I A & 24
DECISION ON THE PETITION OFJOHN KEENAN REQUESTING A SPECIAL PERMIT
FOR THE PROPERTY LOCATED AT 6 MANNING STREET R-2
A hearing on this petition was held on July 18, 2001 with the following Board Members
present: Nina Cohen. Chairman Richard Dionne, Stephen Harris and Nicholas Helides.
Notice of the hearing was sent to abutters and others and notices of thehearing were
properly published in the Salem Evening News in accordance with Massachusetts
General Laws Chapter 40A.
Petitioner requests a Special Permit for enlargement of non-conforming residential
structure for the property located at 6 Manning 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:
0
DECISION ON THE PETITION OF JOHN KEENAN REQUESTING A SPECIAL PERMIT
FOR THE PROPERTY LOCATED AT 6 MANNING STREET R-2
page two
1. Petitioner's property is an existing nonconforming residential structure.
2. Petitioner represented himself at the hearing.
3. The expansion of the structure will maintain a side setback of 4 '/2 feet the entire
length of the new addition and the extension of the front porch will leave an 8 ft.
setback.
4. The petitioner had the direct abutter's sign in favor of the proposed adullbuTib.
5. The proposed expansions will not be substantially more detrimental to the
neighborhood
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.
DECISION OF THE PETITION OF GERARD ARCARI REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 3-5 PLEASANT STREET R-2.
page three
Therefore, the Zoning Board of Appeal voted 4-0, to grant the relief requested, subject to
the following conditions:
1. Petitioner shall comply with all city and state statues, codes ordinances and
regulations.
2. All construction shall be done as per the plans and dimensions submitted and
approved by the Building Inspector.
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
4. Petitioner shall obtain building permit prior to beginning any construction.
5. A Certificate of Occupancy shall be obtained.
DECISION OF THE PETITION OF JOHN KEENAN REQUESTING A SPECIAL PERMIT
FOR THE PROPERTY LOCATED AT 6 MANNING STREET R-2.
6. Existing finishes of the new construction shall be in harmony with the existing
structure.
7. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
Special Permit Granted
July 18, 2001 /C � ��n�
Stephen Harris
Board of Appeal
• DECISION OF THE PETITION OF JOHN KEENAN REQUESTING A SPECIAL PERMIT
FOR THE PROPERTY LOCATED AT 6 MANNING STREET R-2
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.
LOT I
N/F
HAWKES
62.81 . . .
LOT 8 LOT 5
9,298±S.F.
We, the undersigned neighbors of ,
John Keenan and Kara McLaughlin
have reviewed and grope our approval
to same.
G LOT 6
G E
LOT 8 0 �� Gczco St
c6
DECK
�/Ylaw 7�
EXISTING,6'
2 STOItY� LOT 7
DWELLING
1aa' #6//
,
14.8' Q dZe Hr+�o S�
62.84'
MANNING STREET
DEED REFERENCE:
BOOK 13285 PAGE 572
PLAN REFERENCE:
BOOK 2603 PAGE 78
I CERTIFY TO JOHN I1E AN _ PLOT P LAN
THAT THE EXISTING HOUSE ) OF LAND IN
ON THE GROUND AS SHOWNGARAGE ARE LOATED
�n(An(\,v, 9v } SALEM, MA
AND THAT IT IS THE RESULT
OF AN INSTRUMENT SURVEY. SCALE: 1" = 20' MAY 29, 2001
u44 PREPARED BY
a�Mlc COASTAL SURVEY
Y
b11CHAEl G
D. � WADSWORTH VILLAGE — DANVERS BUILDING
NO..�as�o9 130 CENTRE ST. — DANVERS, MA 01923
(978) 774-9450
U D
PRO SSIONAL LAND SURVEYOR DATE 0' 10' 20' 40' 60'