4 SURREY ROAD - ZBA 4 Surrey Rd. R-1
Peter Hooks
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JUL 12 3 ii r '89
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DECISION ON THE PETITION OF PETER J. HOOKS FOR A SPECIAL
PERMIT FOR 4 SURREY ROAD (R-1 )
A hearing on this petition was held on July 5, 1989 with the following Board
Members present: James Fleming, Chairman; Richard A. Bencal, Vice Chairman;
John Nutting, Secretary; Edward Luzinski and Richard Febonio. 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, requests a special permit to allow construction
of a deck, and to allow an existing greenhouse, shed and screenhouse (shed) in
this R-1 zone.
The provisions of the Salem Zoning Ordinance which is applicable to this request
I
or 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 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 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 presented.
2. The shed's and greenhouse were all constructed by the prior owner
approximately ten (10) years ago.
3. The proposed changes and allowances of prior construction would allow
petitioner a fuller use of property and would represent a financial hardship
if required to demolish existing nonconforming structures.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
The granting of the Special Permit will be in harmony with the district
and will promote the public health, safety, convenience and welfare of
the City's inhabitants.
J
DECISION ON THE PETITION OF PETER J. HOOKS FOR A SPECIAL PERMIT
AT 4 SURREY ROAD, SALEM
page two
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.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief
requested, subject to the following conditions:
1 . Petitioner meet all requirements of the Salem Fire Dept. relative
to smoke and fire safety.
2. All construction be as per the plans submitte and with a legal
building permit.
3. All construction be done as per existing City and State Building Codes.
GRANTED 'RI p,yyl�
chard A. Bericai, Vice Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
^.,1;,�_l frost n d_c:^on, if any, shail be made pursuant to Section 17 of
tha Liars. Cene,al La':.s. Chaoier SOB. and shall be flied within 20 days
Ettor t'.'e datL or filing or this decision in the office of thection l kite !er iota
Fwscont t 'r o '^ss.
Goncgal L� C!,'n_ ... 8oa,
pr Spcclai 'r rmd ^re ntea herein s�c', not take effect until a copy oft e
,decision, b::�'•''P t'•te uruf'cat'co of :ha city Cork that 20 days have
elaDseo a^< .'•o appe•ll bas be'n rl`od, or that, if such appeal has been
filed,that It Itas L-il d:smcsed or :erred is racorded in the South Essex
Registry or Deeds and indexed under the name or the owner of record or
LA teeoroud and noted on the owner's Certificate of T1tIe.
BOARD OF APPEAL'
MORTGAGE- INSPECTION
BAY STATE SURVEYING SERVICE INC.
234 CABOT ST., BEVERLY, MA.
LOCATION . S.A�>cN�-rM'4 �5` f NOTES
SCALE : I" = ZO FT. DATE _ _��(� ____ • This is a Mortgage inspection survey and not
Z Z pi an instrument survey,therefore this plot plan is for
REFERENCE , F,K----- ---------o..�E�....--•----..
mortgage inspection purposes only.
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.__._J. .!S 1.................. • This survey is based on survey marks of
------- - -- -- ------•-- -------------- others.
To _HQM Qra�£�, � !2At ;�n (U- a 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
shown and that they conformed to the zoning setbacks of the • The building(s) are not located i the spacial
flood hazard zone,as defined by H.U.D.
_________ when constructed.
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