5 RIVERBANK ROAD - ZBA '5 Riverbank Road R-1
Monique Caron
`T fit ofttlem, � sgrzcljusefts
Pourb of A"ud
DECISION ON THE PETITION OF MONIQUE CARON FOR A SPECIAL
PERMIT AT 5 RIVERBANK ROAD (R-1 )
A hearing on this petition was held July 16, 1986 with theof wing d Members
present: James Hacker, Chairman; Richard Bencal, Secrju 1 M 963.''�inski and
Fleming. Notice of the hearing was sent to abutters and others and notices of the
hearing were properly published in the Salem Evening NE(g k n accordance with the
Massachusetts General Laws Chapter 40A.
CITY L'l'_°� "•I FN.HAS�
Petitioner is requesting a Special Permit to extend a nonconforming rear and side
setback to allow construction of a one story addition within 10 feet of side lot
line and to construct a wood deck within 30 feet of the rear lot line.
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 reconstruciton 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 Specjal 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 consideration of the evidence presented at the public
hearing, makes the following findings of fact:
1 . Opposition to the plan, voiced by a neighbor, was satisfactorily
answered by the petitioner;
2. The one story addition will be used by petitioner soley for their
pleasure.
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 and deck will promote the convenience and
welfare of the inhabitants and will be in harmony with the
district.
DECISION ON THE PETITION OF MONIQUE CARON FOR A SPECIAL
PERMIT FOR 5 RIVERBANK ROAD, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the relief
requested, subject to the following conditions:
1 . The one story addition may be building to within five (5) feet
of the side line;
2. The rear deck may be built to within twenty three (23) feet of the
rear lot line. The deck shall be ten (10) feet by,_ twelve (12 feet
in size;
3. No use other than recreational may be done in the proposed addition;
4. A Certificate of Occupancy must be obtained;
5. All requirements of the Salem Fire Department shall be complied .with.
SPECIAL PERMIT GRANTED
Richard A. Bencal, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
/PPEAL F,.C.^1 THi3 DECiSIC'J, IF ANY. SHALL BE F:'DE PURS6ANT TO SECTION 17 OF THE If".:SS:
. .. _...;�. ...-J?i 8.� AND'Sr=.''_L EE Fl:... WIT' N _O DAYS AFTER THE CITE C" FI'-['{,S
'; GN ^THE C�FI.E OF THE CITY CLERK.
-7 =:`- A:;S. Ch. �E4 BC2 SEC?IZ;J 11 THE J,9':•, °_i;? F-R:'IT
L A' I EFFECT UI:TIL A COPi OF TIIC S!` _ ,RT
F 4- Y LEU TPA' `N DAYS HAVE ELAPSED AN N'- A:r X.-*:
`J
In•.�.
IF S'2LH :.'i i.°PEAL HAS E' FILE. THAT IT HA$ E:'_?: uiS::i>S-0 "E.
E
ITV.THE S:;l.'iH ESSEX P.6'r:STPY OF DEEDS AND
OF RECORD OR IS RECC'RDED AND NOTED ON THE 00'NER'S CERTIFICATE 01- 'IT---
BOARD
gidBOARD ;F APPEAL
The undersigned residents of Riverbank Road support the request by Mrs.
Monique Caron for a Special Permit to construct a small one story addition
on an existing concrete pad and wood deck.
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