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8 OLIVER STREET - ZBA oLIVER STREET (R-2) 1 Raymond D. DiTroia i i I� ! v 1 f i r Fe Ctg of '5ttlem, gassar4uselts Pnttra of AprPtt1 s; DECISION ON THE PETITION OF RAYMOND DITROIA FOR A SPECIAL PERMIT FOR 8 OLIVER STREET A hearing on this petition was held on June 15, 1983 with the following Board Members present: James Hacker, Chairman; Messrs. Charnas, Hopper, 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 SAlepp Evening News in accordance with Massachusetts General Laws Chapter 40A. REG,:' ', !- . The petitioner has requested a Special Permit to allow him to extend his � itch. tncAge155ix (6) feet, extending the already non-conforming rear setback. The provisionof the Salem Zoning Ordinance which is applicable to this CrjelIge9g4*&.?aFt%cial Permit is Section V B 10, which provides as follows: SAL_. , 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 reconstruction of nonconforming structures, and for changes, enlargement, extension or expansion of non- conforming 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. _. The Board of Appeal, after consideration of the evidence presented at the public hearing and after viewing the plans makes the following findings of fact: 1 . No opposition to petitioner's plan was raised by neighbors. On the basis of these findings of fact and on the evidence presented at the public hearing, the Board of Appeal concludes as follows: 1 . The proposed expansion of the kitchen will not be substantially more detrimental than the existing size to the neighborhood. Therefore, the Board of Zoning Appeal voted unanimously to grant petitioner the requested relief. The Board grants a Special Permit under the following terms and conditions: 1 . Petitioner may expand his kitchen six (6) feet by fifteen (15) feet, (one story) to within fifteen (15) feet of the property's rear lot line, as shown on the plan filed with the Board; 2. Petitioner must provide A.C. hardwired smoke detectors for all areas of the occupancy per current fire code. i "Scott E. Charnas, Acting Secretary A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND. THE CITY CLERK J PETITION OF RAYMOND DITROIA FOR A SPECIAL PERMIT FOR 8 OLIVER STREET page two '83 JUL 12 A 9 :15 CITY CLI_,l:f 3 OFFICE SALE," AREAL FRO,.1 THIS CECISION. IF ANY, SHALL BE b:A9E PURSUANT TO SECTION 17 CF TI!C - GEi: LA.JS, CHAPTER 0:3. A'!D SHALL BE RLU, V,:THIN 20 DAYS AFTER THE DATE OF - CF THG CEC!SLON IN THE OFF!DE OF THE CITY CLERK. - - PJRS ':T TO !.'ASS. CENERU U:'.73. CHAPTER 805, SECTION 11, THE VARIANCE OR SPCCLAl_ PE GRA'!" ,... SH1.LL N'3-- ='TE EFFECT C2:T!L A COPY OF THEi:E!,- :;:!. "t_r'.::iU iHc CEi:- - f{CA.:.:: '., 7H" CI-1 .4P.a THAT £O .",AiS HAVE ELAPSED f:ilO N3 e.PPEAL H:.. (1R TH -. IA SJCH Ail APPEAL HA3 5E`_il ME, 'THAT IT f:.^.S BEEN DISn:iSJED 9!R Cc:.ttJ IS RECCRL=C li1 THE SCOiH ESSEX RZC3fR7 OF B-EDS AND INDEXED '\DER THE NAME OF THE 07-F. -OF RECORD 02 IS RECORDED AND P!OTED ON THE DIVINER'S CERTIFICATE OF TITLE. BOARD OF APPEAL - " - "