21 PICKMAN ROAD - ZBA {\ - 21 PICKMAN ROAD
Al CITY OF SALEM, MASSACHUSETT^�17Y OF SUlupL , MA
PUBLIC PROPERTY DEPARTMENT CLER.f( S ® SCE
Mal 120 WASH I NGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J.MAYOROVICZ, JR. TELEPHONE:: 78-745-5 95 e
6EXT. 380 ,204 JUL 21 A la L O
DECISION OF THE PETITION OF DONALD ANGLE &PRISCILLA PERRY FITCH. l
REQUESTING A SPECIAL PERMIT FOR THE PROERTY LOCATED AT 21
PICKMAN ROAD R-I
A hearing on this petition was held on July 14,2004 with the following Board Members
present:Nina Cohen,Chairman,Joseph Barbeau, Stephen Harris, Bonnie Belair and
Edward Moriarty. 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 request a Special permit to allow renovations of existing single family to allow
the construction of an addition and a deck for the property located at 21 Pickman Road R-
I.
The provision of the Salem Zoning Ordinance which is applicable to this request for a
Special Permit is Section 5-3 (2) (80 which provide 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 for the City's inhabitants.
A. Special conditions and circumstances exist which especially affect the land,
building or structure involved and which are not generally affecting other lands,
buildings or structures in the same district.
B. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship,financial or otherwise,to the petitioner.
C. Desirable relief may 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.
1
CITY OF
SAM
CLERKS &-F - A
DECISION OF THE PETITION OF DONALD ANGLE&PRISCILLA PERRY FITCH
REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 21
PICKMAN ROAD R-1 1004 JUL 21 age two q 1D 29
The Board of Appeal, after careful consideration of the evidence presented, and after
viewing the plans, makes the following findings of fact.
1. The Petitioner's were represented by their Attorney George Atkins, 59 Federal
Street in Salem.
2 Plans were submitted showing the proposed addition. Petitioners would like to
renovate the existing single family to allow the construction of an addition and a
deck further reducing the rear setback for the property from 27.4 to 16.9 feet.
3. A petition was submitted with 6 names of their abutters in favor of this petition.
4. There was no opposition to the proposed plans submitted.
On the basis of the above findings of fact,and on the evidence presented at the hearing,
the Board of Appeal concludes as follows:
i. Literal enforcement of the provisions of the ordinance would involve substantial
hardship on the petitioner.
2. The relief 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.
3. The Special Permit granted can be granted in harmony with the neighborhood and
will promote the public health, safety, convenience and welfare of the City's
inhabitants.
4. Special conditions exist which especially affect the subject property, but not the
district in general.
On the basis of the above findings of fact, the Zoning Board of Appeal voted 5 in favor
and 0 in opposition to grant the Special Permit requested, subject to the following
conditions.
1. Petitioner shall comply with all city and state statues, code ordinances and
regulations.
2. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
DECISION OF THE PETITION OF DONALD ANGLE & PRISCILLA PERRY FITCH
REQUESTING A SPECAIL PERMIT FOR THE PROPERTY LOCATED AT 21
PICKMAN ROAD R-1
page three
3. All construction shall be done as per plans and dimensions submitted to and
approved by the Building Commissioner.
4. Petitioner shall obtain a building permit before starting any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing
structure.
Special Permit Granted
July 14,2004 Bonnie Belair
Board of Appeal Cal
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 Sled 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 or Special Permit granted herein shall not take effect until a copy of the
decision,bearing the certification of the City Clerk that the 20 days have elapsed and
no appeal has been filed, or that, if such appeal has been filed,that is has been
dismissed or denied is recorded in the South Essex Registry of Deeds and indexed
under the name of the owner or record or is recorded and noted on the owner's
Certificate of Title.
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