1 OUTLOOK AVENUE - ZBA (2) I Outlook Ave. (R-1 ) \
John Jermyn
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T5 APR 30 P3 :03
DECISION ON THE PETITION OF JOHN JERMYN FOR A SPECIAL
PERMIT FOR 1 OUTLOOK AVE. , SALEM CITY CLERK'S OFFICE
SALEm MASS.
A hearing on this petition was held April 17, 1985 with the following Board Members
present: James Hacker, Chairman; Messrs. , Charnas, Gauthier, Luzinski 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.
Petitioner, owner of the premises, requests a Special Permit to allow him to build
a passive solar addition to his house as shown in plans filed with the petition.
As proposed, the addition in this R-1 district would violate front setback
requirements.
The provision of the Salem Zoning Ordinance which is applicable to this request
for a Special Permit is Section V B 10, which provided as follows:
Notwithstanding anything to the contrary appearing
in this Ordinance, the Board of Appeal may, in
accordance with the procedure and condition 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 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 hearing the evidence presented at the hearing and after
viewing the plans, makes the following findings of fact:
1 . No opposition to the plan was presented;
2. The proposed addition will have a negligible affect
on the neighborhood.
'On the'-basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows: ,
1 . The proposal will not be substantially more detrimental to the
public good than the existing nonconformity (i.e. the density of
the lot) ;
2. This proposal does npt derogate from the intent or purpose of the
Ordinance.
DECISION ON THE PETITION OF JOHN JERMYN FOR
A SPECIAL PERMIT FOR 1 OUTLOOK AVE. , SALEM
page two .
Therefore, the Zoning Board of Appeal voted unanimously 5-0 to grant the
Special Permit requested.
SPECIAL PERMIT GRANTED
Scott E. Charnas, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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Tlf'PFAL FROM THIS DECISION, IF ANY. SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSANT TO MASS. CE{ERA! !AY:S. CHAPTER 808, SECTION 11, THE VARIANCE OR SPECIAL PERMIT
GRANTED HEREIN, SHALL NCi TP.GE EFFECT UNTIL A COPY OF THE DECISION, BEARING THE CERT-
FICATION OF THE CiI1' CLER( 1;iA, Zi DAIS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED,
OR THAT, IF S 1 A.• I.FPEA! H'C B:E?: FILE THA"; IT HAS BEEN D131,:!SSED OR DENIED IS
REoGRSCD IN TH: SJBiH ESS-', RE;ISTRY OF LEDS AND IKDEI,ED UNDER THE NAME OF THE OWNER
OF RECORD OR IS h,IL RDED AND NG1ED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL