25 LEE STREET - BUILDING INSPECTION '`'"' 25 LEE STREET
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DECISION ON THE_P_ETITION,OF GEORGE VILLETT FOR A SPECIALFILE-
PERMIT AT 25 LEE STREET (R-'1 )
A hearing on this petition was held July 19, 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 Chapter 40A.
Petitioner, owner of the property, is requesting a Special Permit to allow
construction of an addition on this undersized lot which is located in
an R-1 district.
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 accrodance with the procedure and conditions set forth in
Section VIII F and IX D, 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, enlargment 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. The proposed addition will not encroach on any setback requirements.
3. The proposed addition will enlarge the kitchen area and will be a single
story addition.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . The granting of the requested Special Permit will promote the public
health, safety, convenience and welfare of the City's inhabitants and
will be in harmony with the neighborhood.
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.
1
DECISION ON THE PETITION OF GEORGE VILLETT FOR A SPECIAL
PERMIT AT 25 LEE STREET, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
request for a Special Permit to allow construction of an addition, subject
to the following conditions:
1 . All requirements of the Salem Fire Department relative to smoke
and fire safety be adhered to.
2. All construction be done with a legal building permit and as per all
City and State Building codes.
3. All construction be as per plans and dimensions submitted.
4. Exterior finishes of the proposed addition be in harmony with
the existing building.
5. A Certificate of Occupancy be obtained for the new addition.
GRANTED
�ohn R. Nutting, Secre ry
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 Mass. General Laws, Chapter 808, and shall be fled within 20 days
a-ar tiie date of filirg of this decision in the office of the City clerk.
Pursuant to PAass. General Laws, Chapiar a0a, Section 11, the Variance
or Speciat Permit granted herein shall oat take effect until a copy of the
decision, bearing the ce titicotion of the coy C!erk 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 or the owner of record or
is recorded and noted on the owner's Certif..:aw of Title.
BOARD OF APPEAL