3 PARKER COURT - ZBA (2) I F
3 PARKER COURT (R-2)
Dee & Jill Cote
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Paurd of (Appeal
SEPTEMBER 13, 1994
YOU ARE HEREBY NOTIFIED THAT AS OF THIS DATE THE DECISION OF
THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE CITY CLERK TO
GRANT THE PETITION OF DEE L. COTE FOR A SPECIAL PERMIT FROM TO ALLOW
CONSTRUCTION OF A TWO STORY ADDITION THAT WILL ENCROACH ON THE ALREADY
NONCONFORMING SIDE AND REAR SETBACKS.
BOARD OF APPEAL
BRENDA M. SUMRALL
CLERK OF THE BOARD
A COPY. OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERK.
Appeal from this decision, if any, shall be made pursuant to Section 17, of
MGL Chapter 40A; , 4nd 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 Variance/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
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DECISION ON THE PETITION OF DEE L. COTE
FOR A SPECIAL PERMIT AT 3 PARKER COURT (R-2)
A hearing on this petition was held August 17, 1994 with the following
Board Members present: Stephen Touchette, Chairman; Gary Barrett, Stephen
O'Grady, Nina Cohen and Associate Member Arthur LaBrecque. 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 the
already nonconforming side and rear setbacks to allow construction of a two
story addition. Property is located in the R-2 zone.
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 proposed addition minimally impacts the encroachment on rear and
side setbacks.
3 . The proposed construction as reflected on the plans submitted will
greatly enhance, and be in keeping with the character of the
neighborhood.
DECISION ON THE PETITION OF DEE L. COTE
FOR A SPECIAL PERMIT AT 3 PARKER COURT, SALEM
page two
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. All construction shall be done as per the plans and dimensions
submitted.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety are to be strictly adhered to.
4. Petitioner shall obtain a building permit prior to starting
construction.
5. Exterior finishes of the new construction shall be in harmony with the
existing structure.
6 . A Certificate of Occupancy is to be obtained.
Special Permit Granted
August 17, 1994
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Gary i Barrett, Vice Chairman
Board of appeal rn
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DECISION ON THE PETITION OF DEE L. COTE
FOR SPECIAL PERMIT AT 3 PARKER COURT, SALEM
page three
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
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
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