13 OCEAN AVENUE - ZBA (2) 13 Ocean Avenue R-1
Normand Legere
czx-
fit.
fa
(glty of _�3ulem; fttssurltusetts
F -Sattra of A p410
eal � 3
! r.
.J CC
DECISION ON THE PETITION OF JAMES & THERESE HUDSON FOR A SPECIAL
PERMIT AT 237 JEFFERSON AVE. (R-2)
A hearing on this petition was held July 21, 1992 with the following
Board Members present: Francis Grealish Jr. , Chairman; George Ahmed,
Edward Luzinski, Stephen Touchette and Stephen O'Grady. 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.
The Board of Appeal, at the request of the petitioners representative,
Leo Tremblay, voted unanimously 5-0 to grant leave to withdraw this
petition for a Special Permit to allow construction of a sunroom and a
deck in this R-2 district.
GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE
July 21, 1993
George A. Ahmed, Secretary
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE
CITY CLERK.
- (llitg of -Sttlem;--��IttSSttt1 setts
� F �Bnttra of �ppeal
J
DECISION ON THE PETITION OF NORMAND LEGERE FOR A SPECIAL PERMIT AT 13 OCEAN
AVENUE (R-1)
A hearing on this petition was held July 21, 1993 with the following Board
Members present: Francis Grealish, Jr. , Chairman; Stephen Touchette,
George Ahmed and Stephen O'Grady. 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
nonconforming rear setback to allow construction of a deck in this single
family district (R-1)
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 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 granting of the special permit would allow petitioner a fuller use
of the property.
3. It would not be feasible to locate the deck in any other portion of the
property.
DECISION ON THE PETITION OF NORMAND LEGERE .FOR A SPECIAL PERMIT AT
13 OCEAN AVENUE, SALEM
page two Aus
4. The proposed deck would only encroach on the rear setback, itr wouldi; _.
meet all other setback requirements.
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, 5-0, 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. The existing deck shall conform with the plans and dimensions
submitted.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4. Petitioner shall obtain a legal building permit.
Special Permit Granted
July 21, 1993
George A. Ahmed, Secretary
Board of appeal
DECISION ON THE PETITION OF NORMAND LEGERE _FOR A SPECIAL PERMIT
AT 13 OCEAN AVENUE, SALEM
page three
A COPY OF THIS DECISION HAS BEEN FILE➢ WITH THE PLANNING BOARD AND THE-,CTTL'r , ''S
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 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
THE EVENING NEWS
SALE. MASSACHUSETTS Oi970
NO. 58018
MAIL ❑ CASH
CHECK ❑ MONEY ORDER i /DATE
CASHc C.-/SALE❑ ON ACCOUNT / "+Jt�
Receive/Myna,n ( -p/ /��_ p ! t � �{
Address �0-� 0 c 7�"�.� Fj (k..-r-/t
y
❑ DISPLAY ❑ CLASS. IXOTHER LPL
D!I�SP'LA—Y7n.r� CLASSIFIED AMT
ED C . (n 7
CUSr`I I CASH I
NO DISC
BANK NO TAX
71 , 78
26
CHECK NO. a5 83 I
REMARKS ^ I PAVING FOR
AD NUMBERS I
I � I
TOTAL
CREDIT
RECEIVED BY
ACCOUNT ❑
- PROCESSED -_
FUG nio.aa.oaMa seavmas aveeeao