4 PICKERING STREET - ZBA 4 Pickering St. R_2
Stanley Smith
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DECISION ON THE PETITION OF STANLEY SMITH FOR A SPECIAL
PERMIT AT 4 PICKERING STREET (R-2)
A hearing on this petition was held June 14, 1989 and continued until July 5,
1989 with the following Board Members present: James Fleming, Chairman; Messrs. ,
Bencal, Febonio, Luzinski and Nutting. 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 Chaoter 40A.
Petitioner, owner of the property, is requesting a Special Permit to extend a
nonconforming stucture by enlarging and enclosing an existing screen porch in
order to create a family room in this R-2 district.
Notwithstanding anything to the contrary appearing in this ordinance, the Board
of Appeal may, in accordance with the procedure and conditions set forth in Sectio,
VIII F and IX D, grant Special Permits for alterations and reconstruction of non-
conforming structures, and for changes, enlargement, extension or expansion of
nonconforming lots, land, structures, and uses, provided, however, that such
change, extension, expansion or enlargement 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 . One neighbor spoke in favor.
2. No one appeared in opposition.
3. This is the most feasible location for the addition.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . The proposed addition will be in harmony with the neighborhood and will
promote the public health, safety, convenience and welfare of the City's
inhabitants.
2. The relief requested can be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intend of the district of the purpose of the Ordinance.
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DECISION ON THE PETITION OF STANLEY SMITH FOR A SPECIAL
PERMIT AT 4 PICKERING STREET, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
relief requested subject to the following conditions:
1 . All construction be done in accordance with allow City and State Building
Codes and with a legal building permit.
2. All construction and dimensions be in accordance with the plans submitted
to the Board of Appeal July5, 1989•
3. All requirements of the Salem Fire Department relative to smoke and
fire safety be strictly adhered to.
4. Exterior finishes be in harmony with the existing building.
5. A Certificate of Appropriateness be obtained from the Salem
Historic Commission.
GRANTED
ohn R. Nut i g, Secrptary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
ft-'! firm `s decn=, if any, :hall be made PUrSnant to Section 17 of
"t +.iss. re.n.^.el Laws, CLnPter En^ and sh;!
.I a fired within ie days
-'-ie of tarn-; of G:is decision in '.he o:f;re of the City Oierk.
'ursooct b .,.-ss. G.tnera! Lass Cha;a ar 303, Sec*..-n. 11, the varinnee
Pern;ii i;rcn.en h_rein ei mal taka effect uotll a Copy of the
r_rtif:cafieri er ,So Ci;; Clerk th,t 20 days have
`!Cased and nn enPeal has heen ff^d, or that, it cr_h nPinal has risen
food, Ihot it h-,s L•c^n dsm;ssed or denied is recorded in the south Essex
Rc�i!ry of Deed; ;:nd indexed under the name or ti:e owner of record or
Is rccordcd and noted on the o:wnar's Ca,tificate of Titie.
BOARD OF APPEAL
E9SEx REGISTRY OF DEEDS,SO.pISU SALEM, MASS. 377
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We the undersigned do hereby waive all rights with regard to
time limitations for Board of Appeal decision on the petition
concerning the following property: �p /�q ,
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DATE TITION and/or ATTORNEY
To: The Zoning Board of Appeals '
Salem, Massachusetts
We have seen the plot plan showing the proposed changed in the
footprint of the house at 4 Pickering Street, whose owners and
occupants are the Stanley and Jody Smith. They wish to enlarge
and enclose the screened porch in order to make a year around
family room. We have no objection to the change they propose
and support their application for a Special Permit before the
Zoning Board of Appeals for this purpose. Our homes abut or
relate visually to•the Smith's property.
Name A dres Date
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