22 PROCTOR STREET - ZBA �� _ ___
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OWN Legal Notice
MON-
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r CITY OF SALEM
II & BOARD OF APPEAL
196 745-9595 Ext 381
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sett-- Will hold a public hearing for all
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t the persons interested in the petition sub-,
SEN milled by JOSEPH ONEIL requesting
} to a Special Permit to alter a non-con-',
LLC forming structure and a Variance
166) from rear yard setbackto enclose]
'ack existing porcfi for the property located
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at 22 PROCTOR STREET R-2. Said
the hearing to be held WEDNESDAY,
MARCH 15, 2006 at 6:30 P.M., 120
`Y Washington Street,3rd Floor.
C Nina Cohen,Chairman
7) SN-3/2,3/9/06
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CITY OR SALEM, MASSACHY,S
• CII 'i _i 1�T= �TS i;L.t;M;,MA
BOARD OF APPEAL CLERK'S OFFICE
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
T2LEPHON[: 678-743-9395 2096 MAR 3'0' P 3� 34
FAx: 978-740-9848
DECISION OF THE PETITION OF JOSEPH O'NEIL REQUESTING A VARIANCE AND
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 22 PROCTOR STREET R-2
A hearing on this petition was held on March 15, 2006 with the following Board Members
present: Richard Dionne, Edward Moriarty Nicholas Helides and Robin Stein. 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 is requesting a Special Permit to alter a non-conforming structure and
Variances from rear and side setback to enclose existing porch for the property located
at 22 Proctor Street located in an R-2 zone.
The provisions the Salem Zoning Ordinance which is applicable to the request for a
Special Permit is section 5-3 Q), 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 Sections 8-6
and 9-4, grant Special Permits. for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extent 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 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 Variances which have been requested may be granted upon a finding of the Board
that:
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
of the Ordinance
:1ti
CLLf�R'S OF,F, IC-
DECISION OF THE PETITION OF JOSPEH O'NEIL REQUESTING A VARIANCE AND
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 22 PROCTOR STREET
R-2
page two 24 MAR'30, P� 3:314
The Board of Appeal, after careful consideration of the evidence presented, and after
reviewing the plans makes the following findings of fact:
1. The Petitioner owns the property located at 22 Proctor Street, which is located in
an R-2 zone.
2. Petitioner seeks relief from rear yard setback to enclose existing porch.
3. Plans were submitted to the Board.
4. Councillor O'Leary presented a letter in support in favor of the petition.
5. There was no opposition to the proposed plans.
On the basis of the above findings of fact, and on the evidence presented at the
hearings the Zoning Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property but not the
district in general.
2. Literal enforcement of the provisions of the Ordinance would involve substantial
hardship on the petitioner.
3. 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
4. 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.
Therefore, the Zoning Board of Appeal voted, 5 in favor and 0 in opposition to grant the
relief 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 and
approved by the Building Inspector.
3. All requirements of the Salem Fire Department relative to smoke and fire
safety shall be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior finishes of the construction shall be in harmony with the existing structure
f
DECISION OF THE PETITION OF JOSEPH O'NEIL REQUESTING A SPECIAL
PERMIT AND VARIANCE FOR THE PROPERTY LOCATED AT 22 PROCTOR
STREET R-2
page three
6. Petitioner shall obtain a Certificate of Inspection.
7. Unless this decision expressly provides otherwise, any zoning relief granted does not
authorize Petitioner to demolish or deconstruct any structure(s) on the property to an
extent greater than 50% of the structure as measured by floor area or replacement
cost. If a structure on the property is demolished by any means to an extent of more
than 50% of its replacement cost or more than 50% of its floor area at the time of
destruction, it shall not be reconstructed except in conformity with this Ordinance.
8. Petitioner is to seek approval from any City Board or Commission having jurisdiction,
but not limited to the Planning Board.
Special Permit & Variance Granted
March 15, 2006
Richard Dionne \ S kK:\
Board of Appeal J
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 the
Massachusetts General Laws 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 Massachusetts`
General Laws 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 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.
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COUNCILLORS-AT-LARGE JEAN M. PELLETIER WARD COUNCILLORS
PRESIDENT
2006 2006
MICHAEL BENCAL CHERYLA. LAPOINTE LUCY CORCHADO
THOMAS H. FUREY CITY CLERK MICHAEL SOSNOWSKI
JOAN B. LOVELY JEAN M. PELLETIER
ARTHUR C. SARGENT III LEONARD F. O'LEARY
MATTHEW A.VENO
PAUL C. PREVEY
JOSEPH A.O'KEEFE, SR.
March 15, 2006
Ms. Nina Cohen, Chairperson
Board of Appeal
City of Salem
Salem, MA 01970
Dear Ms. Cohen,
Due to another commitment I cannot attend tonight's meeting but would like this
letter be on record. On the petition of Joseph O'Neil requesting a Special Permit to alter a
non-conforming structure and a Variance from rear yard setback to enclose existing porch
for the property located at 22 Proctor Street, it is my opinion that the petition should be
granted. Please give it your consideration.
Very truly yours,
LEONARD F. O'LEARY
COUNCILLOR WARD FO
SALEM CITY HALL • 93 WASHINGTON STREET • SALEM, MA 01970-3592 • WWW.SALEM000NCIL.COM
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