17-19 SUMMIT STREET - ZBA 1 'G,
17-19 Summit St. R-1
_ Phyllis McLaughlin,
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�gn8rb of �kpvzal CLERK,CITY
K. 3 A L E I,• WAS S.
DECISION ON THE PETITION OF PHYLLIS MCLALIGHLIN FOR A SPECIAL PERMIT
17- 19 SLMAIT STREET (R-1)
A hearing on this petition was held on September 28, 1988 with the
following Board members present; James Fleming, Chairman, Messrs. ,
Luzinski, Bencal, Nutting, and Strout. 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 the provisions
of Massachusetts General Laws, Chapter 40A.
The petitioner, represented by Attorney John Serafini, is seeking a
Special Permit to add a second level and to extend decks at 17-19
Summit Street. The locus is currently 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 accordance 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, 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 granting of the Special Permit
will promote the public health, safety, confenience and wefare of the
City's inhabitants.
The Board of Appeal, after careful considering of the evidence presented
and after viewing the plans, makes the following findings of fact:
1. No opposition was presented to the petition at the hearing. In
fact, the Ward Four Councillor, Leonard O'Leary, spoke in favor
of the plan.
2. The existing two (2) units are quite small, and the addition
will make then more liveable.
3. The plan will not be detrimental to the existing neighborhood.
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. The Special Permit requested can be granted without substantial
r1
DECISION ON THE PETITION OF PHYLLIS MCLAUGHLIN FOR A SPECIAL PERMIT
17-19 SUMMIT STREET, SALEM
PAGE TWO
detriment to the neighborhood and will not substantially
derogate from the intent or purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to
grant Special Permit requested. Relief is granted subject to
the following terms and conditions:
1. The proposed construction shall conform to all applicable
provisions of the Massachusetts State Building Code,
Salem Fire Prevention Code, Salem City Ordinances and
Massachusetts General Laws relative to fire safety, and
2. A building permit be obtained and a Certificate of Occupancy.
3. All exterior finishes to conform to the existing finish.
4. The addition and deck be built as per the plans submitted
to the Board of Appeal.
SPECIAL PERMIT GRANTED
Y�U/e l tl_nC/
James M. Fleming, Esq.
Chairman, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
AF PEAL FROM THIS CECIEION. IF A:1". SHALL BE MADE PURSUANT TO SECTION 17 CF THE
G EHE RNL LAYS, EHnP;E^ Yio, n�J SHALL 6E FILED WITHIN M DAYS AF-..ER THE C'ol OF THING
C THIS DECI$;ON IN THE OFF::E OF THE CITY CLERK.
Po-_'NT TO F,4SS GE',Cd:�.. LA;.-' CFAP'F° £7,. SECTION 11, THE ...i, ,fr C7
C;,.'.1=7 H=P°,^. CcaLL I, � ',.I. :;C;�i L',71i A COPY OF THE DECIE�'. E; '-
r,„<li;N CF TP; C51 U R, 'n�1 Z"` 0:i:. H:'.= ELAPSED AN,; N,, PUEAL
7R 1HAT IF S_':h -N A�dE4 H4S PLET, FILE THAT IT H-S Nir'1 Ell` ',-.ED C=, P_
F D;S.SEEL' IN TH: 'J,IH ESSEt RrfuTRS OF F`_DS AND INDEXED U60EF Tii: ;.W. G. ..
Cl- RECDRD OR IS RECORDED AND NGTED ON THE OWNER'S CERTIFICATE OF TITLE
BOARD OF APPEAL
MORTGAGE INSPECTION
EASTERIT MORTGAGE SURVEY
P . J . BOX 1385 cIAR5LEHEAD _viA 01945 —
LOCATION SALE/�2 , /h,!1� NOTES :
7 This is a Mortgage inspection survey and not
SCALE : I'� =3O FT. DATE ___• I�v� �z
an instrument� . survey, therefore this Plot Ian is for
REFERENCE . .. . . .... .... ..`..___•_--_.
mortgage purposes inspection ur only.
P P P Y•
... ....... • This survey is based on survey marks of
........-.. ... .. ......... ...... .......
others.
To cG�r JA)YE4 • Bushes,shrubs, fences and tree lines do
I hereby certify that I have examined the premises and that the, not necessarily indicate property lines.
building (s) shown on this plan are located on the ground as
F_ • The building(3)s) are not located in the spacial
shown and that they conformed to the zoning setbacks of the..5f�. ._ flood hazard zone as defined b H.U.D.
when constructed. ' Y
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