35 & 37 OCEAN AVENUE - ZBA 35 & 37 ocean Ave. R-1�
Peter & Mary Hooks and —
Raymond & Elaine Landry
M
�
of SttWem,
Potts of "2al
DECISION ON PETITION OF RAYMOND AND ELAINE LANDRY AND PETER AN6
MARY HOOKS FOR SPECIAL PERMITS FOR 35 & 37 OCEAN AVENUE tSj �Ui� 7 Q aG :2 7
A hearing on this petition was held on May 18, 1983 with thef nielewing,
Board Members present: James Hacker, Chairman; Messrs. , Charna�AL�c`dOeir h'iCE
Luzinski, Piemonte and Associate Member Bencal. 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 are requesting Special Permits to allow alteration of the already
non-conforming lot area, width, coverage, depth and side and rear setbacks at
35 & 37 Ocean Avenue which will result when the owners of No. 35 convey to
No. 37 a parcel of land two feet in width and running seventy-five feet
parallel to the western boundary of No. 35.
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 VIII
F and IX D, grant Special Permits for alterations and
reconstructions of nonconforming structures,- and for.
changes, enlargement extension or expansion of nonconforming
lots, land structures and uses provided that such change. . .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 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.
The Board of Appeal, after consideration of the evidence. presented at the
public hearing and after viewing the plans of the property, makes the following
findings of fact:
1 . No opposition to petitioner's plan was presented by neighbors;
2. Petitioner's plan will allow access to the rear of no. 37 by
emergency or fire vehicles which access is now impossible due
to the existing lot size.
One the basis of the above findings of fact and the evidence presented at the
hearing, the Board concludes as follows:
1 . The petitioner's plan will not be substantially more
detrimental to the neighborhood than the existing non-
conforming use.
DECISION ON PETITION OF RAYMOND & ELAINE LANDRY
AND PETER & MARY HOOKS FOR SPECIAL PERMITS FOR
35 & 37 OCEAN AVENUE
page two
Therefore, the Board of Zoning Appeal voted unanimously in favor of approving
'titioner's request for Special Permits. The Board granted these Special
Permits under the following terms and conditions:
A9 IV
.S3 }� 1 . Petitioners may alter the already non-conforming lot area,
dth, coverage, depth and side and rear setbacks at nos.
5 & 37 Ocean Avenue as will result when the owners at no. 35
G1� i'• convey to no. 37 a parcel of land two feet in width and running
SAS seventy-five feet parallel to the western boundary of no. 35.
Scott E. Charnas, Acting Secretary
fR07S i'dU DE::IC4'-:1. !. !'i, SHALL BE PACE PURSUANT TO SECT'0i1 17 OF TH[ I,i.+SS.
g`cilEFAL LASS S. CHAPTER 913. ANO SHALL EE F.:EO V/,T,HIN 20 DAYS AFTEZ 111E DA;£ Cc
OF TW.S CcCtSiOiJ 1N THE OFFICE OF THE CITY CLEF:(.
Pr:"A::T T� I::ASS. LC CHAPTER Li.C.'S. CHAPTER. 3C3. SECT!'4! 11. THE VARV�XCv^ZL. �l•1'. :-"1``li
UBT..L A COP'! ::F THE
.. •?PG_ H+S T.E':i :."-1. - _ _
FiCAii7i CF. THE CIT.' CLEi:i( "Ci1T 28 CA':S HA'/E EL'+PEE,
OR "FFI`T, IF SU'JI A'i'APi'E'd_ H'S BEE'l FILE. THAT IT HAS BEEN CUILI'E SE9 OR '•u1iED T; _ -
R°d�?C£U ;!I TH_ S)UfH ESS'd REGISTRY OF DEEDS %IID INDEXED UfIJE% T}iE is _ �F I:._ -
OF P.ECORD OR IS RECCRJED A"SD PIOTED ON IHE CV E OF TITLE.
iNER'S CERTIFICATE "
PoARD OF APPEAL -
A COPY OF THIS DECISION AND PLANS HAVE BEEN FILED WITH THE PLANNING BOARD
AND THE CITY CLERK