32 NORTHEND AVENUE - ZBA (2) 32 Northend Ave. R-2
Jose & Elisa Demelo
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DECISION ON THE PETITION OF .LOSE & ELISA DEMELO
FOR A SPECIAL PERMIT AT 32 NORTHEND AVENUE (R-2)
A hearing on this petition was held September 15, 1993 with the following
Board Members present: Francis X. Grealish, Chairman; George Ahmed,
Stephen O'Grady and Associate Member LaBrecque. 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.
Petitioners, , owners of the property, are requesting a Special Permit to
allow entry way to the basement to remain as is, entry way encroaches on
the already nonconforming side' setback. Property is located in the R-2
district.
The provision of the Salem Zoning Ordinance which is applicable to this
request for a Special Permit is Section 5-3( ' which provides as follows:
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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 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 to the petitioners request.
2. The entry way is already existing and is not as close to the side
property line as the existing dwelling.
3. This is the only feasible location the entry way.
DECISION ON THE PETITION OF JOSE & ELISA DEMELO
FOR A SPECIAL PERMIT AT 32 NORTHEND AVENUE, SALEM
page two
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 public good and without nullifying or substantially
derogating from the intent of the district or the purpose of the Ordinance.
2. The granting of the Special Permit requested will promote the public
health, safety, convenience and welfare of the City's inhabitants and may
be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the
Special Permit requested, subject to the following conditions:
1. Petitioner shall comply with all City and State statutes, ordinances,
codes and regulations.
2. Existing structure shall remain as it currently exists.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety are to be strictly adhered to.
4. Petitioner shall obtain a building permit.
Special Permit Granted
September 15, 1993
Francis X. Grealish, Chairman
Board of appeal
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DECISION ON THE PETITION OF JOSE & ELISA DEMELO FOR A SPECIAL PERMIT
AT 32 NORTHEND AVENUE, SALEM
page three
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERK
Appeal from this decision if an shall be made pursuant to Section pp y, p 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 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
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