83-83 1/2 PROCTOR STREET - ZBA i
8�3-� Proctor St.- R-2
8�3-2
C. Jean Donoghue
�� II
s �
A
of Salem, 'fflttssadjusetts
DECISION .ON THE PETITION OF C. JEAN DONOGHUE FOR A VARIANCE AND
SPECIAL PERMIT AT 83-83'-z PROCTOR STREET (R-2)
A hearing on this petition was held April 17, 1991 with the following Board
Members present: Richard A. Bencal, Chairman; Edward Luzinski, Joseph Correnti,
Richard Febonio and Associate Member Arthur L-aBrecque. 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.
The petitioner, owner of the property, is requesting a Special Permit to extend
nonconforming side setbacks and a Variance from rear setback to allow construction
of a deck in this R-2 district.
The Variance that has been requested may be granted upon a finding by this
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 purpose of the Ordinance.
The provision of the Salem Zoning Ordinance which is applicable to this request
for a Special Permit is Section V B 10, 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
VIII F and IX D, grant Special Permits for alterations and reconstruction of non-
conforming structures, and,,for: changes,- enlargement,,-extension or'lexpansion 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, and
after viewing the plans, makes the following findings. of fact:
1 . There was no .opposition.
2. Neighbors/abutters spoke in favor.
3. This would enhance the petitioner's quality of life.
DECISION ON THE PETITION OF C. JEAN DONOGHUE FOR A VARIANCE AND
SPECIAL PERMIT AT 83-831 PROCTOR ST. , SALEM
page two
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 . Special conditions exist which especially affect the subject property but not
the district in general.
2. literal enforcement of the Ordinance would work a 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 granting of the relief requested will promote the public health, safety,
convenience and welfare of the City's inhabitants and will be in harmony with
the district.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Variance
and Special Permit requested, subject to the following conditions:
1 . All requirements of the City of Salem Fire Department relative to smoke and
fire safety be strictly adhered to.
2. All construction be as per the plans and dimensions submitted.
3. All construction comply with all city and state building codes.
4. A building permit be obtained from the Inspector of Buildings.
VARIANCE AND SPECIAL PERMIT GRANTED
April 17, 1991
ichard Febonio, Member, Board of Appeal
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
Cl)
M U the Mass. General Laws, Chapter 808,and shall be filed within 20 days
L- after the date of filing of this decision in the office of the City Clerk.
I-- �Cal: p cn Pursuant to Mass. General Laws, Chapter 808, Section 11,the Variance
en or ";t=c:al Permit granted herein shall not take effect until a copy of the
Y` de=lsion, bearing the certification of the City Clerk that 20 days have
el-psed and no appeal has been filed, or that, if such appeal has been
U filed, that it has been damisse4 or denied is recorded in the South Essex
Ll1 Z �� Registry of Deeds and indexed under the name or the owner of record oq
>'N is recorded and noted on the owner's Certificate of Title.
� F-
91 5 BOARD OF APPEAL