94 OCEAN AVENUE - ZBA 94 Ocean Avenue
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DECISION ON THE PETITION OF C. EMERSON DAHMEN AND CELESTE D. MILLER FOR A
SPECIAL -
RMIT FOR 94 OCEAN AVENUE
SAP 7 I 18 PH
d;lliearing on this Petition was held on September 1, 1982 with the following
Board Members p�e�ent: Douglas Hopper, Chairman; Messrs. LaBrecque,
F�Eic�r, FeelteY y and Associate Member Luzinski. Notice of the hearing
was sent to abutters and others and a notice of the hearing was
published in the Salem Evening News in accordance with Massachusetts
General Laws Chapter 40A.
The Petitioners. have requested a Special Permit to extend a nqn-conforming
structure (a garage) at 94 Ocean Avenue so as to allow construction of
a 22' x 24' addition to the garage. The existing structure is non-
conforming by virtue of the fact that it encroaches into the minimum rear
yard set back. The proposed addition to the garage will extend this nonconformity.
The provision of the Salem Zoning Ordinance which we deem to be applicable
to this request for a Special Permit is Section V B 10, 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 VIII F •
and IX D, grant Special Permits for alterations and recon-
struction 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 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.
The Board, after considering the evidence at the hearing on this matter,
makes the following findings of fact:
1) The property in question is in a B-4 business district where the
sale and servicing of boats is a permitted use.
2) The Petitioner proposes to use the expanded garage for storage of
supplies relating to a boat repair business.
3) The proposed addition to the existing garage was unopposed by any neighbors.
4) The Salem Fire Marshall expressed opposition to the proposed addition;
however, the Board believes that Petitioners can obtain the approval
of the Salem Fire Marshall for this use of Petitioners' property.
f
DECISION ON PETITION OF C. EMERSON DAHMEN
AND CELESTE D. MILLER FOR A
SPECIAL PERMIT FOR 94 OCEAN AVENUE
Page 2
September 1, 1982
On the basis of the above findings of fact and on the evidence presented
at the public hearing, the Board of Appeal finds (i) that the proposed
use of the property will not. be substantially more detrimental than the
existing use to the neighborhood, (ii) that the proposed use of the
property will promote the public health, safety, convenience, and welfare,
and (iii) that the proposed use of the property is in harmony with the
Salem Zoning Ordinance. Accordingly, the Board unanimously approved
the granting of a Special Permit to the Petitioner.
The Special Permit is threfore granted in accordance with the following
terms and conditions:
1) Petitioner may construct a 22' x 24' extension on the existing garage
at the site in accordance with plans submitted to the Board.
2) The exterior of the new structure shall match as closely as
a
possible the exterior of the existing garage.
3) Petitioner shall obtain a Certificate of Occupancy prior to
using the new structure.
4) Petitioner shall comply with all applicable fire safety codes.
//Anthony M. Fe herry, Secretary
A COPY OF THIS DECISION AND PLANS HAVE BEEN FILED WITH THE PLANNING BOARD AND CITY CLERK
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