8 TAFT ROAD - ZBA 8 TAFT RD. R-1
James Burkinshaw
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T i (1�i#g of 'Sttlem, � ttssttcliuse##s _�
s axrD of Meal
'N '81
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DECISION ON THE PETITION OF JAMES BURKINSHAW FOR A SPECIAL Clht L_L � 'z uiiICE
PERMIT FOR 8 TAFT ROAD SALEHMASS.
A hearing on this petition was held January 14, 1987 with the following Board
Members present: James Hacker, Chairman; Messrs. , Bencal, Fleming, Luzinski and
- Strout. Notice of the hearing was sent to abutters and others and no
of the
hearing were properly advertised in the Salem Evening News in accordance with
Massachusetts General Laws Chapter 40A.
� ,• Petitioner, owner of the property is requesting a Special Permit to extend non- .
" conforming density and rear setback requirements to allow a deck in the rear of
' the existing structure. Property is located in an R-1 district.'
A petition to allow a deck was denied by the Board of Appmal -on November 12, 1986.
Neither petitioner nor a representative were present at the hearing and no plans
or evidence were submitted. The Board of 'Appeal, after hearing evidence regarding
substantial change and after receiving a Consent from the Salem Planning Board,
voted unanimously that there was substantial charge from the previous petition and
they would re-hear the case.
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 I 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 Beard of Appeal, after careful consideration of the evidence presented, and
after viewing the plans, makes the following findings of fact:
1 . There was major neighborhood support for the plan;
2. There was no opposition;
3. Porches existed for many years with no detriment to the neighbohood.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . 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.
'_
DECISION ON THE PETITION OF JAMES BURKINSHAW FOR A
SPECIAL PERMIT FOR 8 TAFT RD. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Special Permit requested, subject to the following conditions:
1 . All work be done according to plans submitted;
2. The deck shall not encroach on the rear lot line closer than 21 feet,
as per the plans submitted.
I
SPECIAL Permit granted
J-
i.
as B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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APPEAL FRO:' THIS DECISION:, IF ANY. SHALL BE 117ADE PURSUANT TO SECTION 17 OF THE ASP.;:'..
GENERAL LAWS, CH ?TER 8-J'S, A'ID S47_L EE BLED 1VIT41N 20 DAYS AF•i EP. THE DATE Or FILI:
OF THIS DELIS;^% IN THE OFFICE 0: THE CITY CLERK
P.,F° .. ..,; a. _'i ER;L I -'SC:4:=i P 8C:, S_CTION 11, THE V .' r CR Fp-F-IAL FE�••ii
- _,. i'_ti E'. --:L N:.; :E ER6`T UNTIL A Cr=Y OF THED r _. 7k_ CERT.
OF _ ^f r!.. .. .H W LLP;',:. i A' 2C: v-. Fs.._ EAr 1 A.... !`' F H',L - __D.
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RE . ..._D Ii, THE Y_..i° ESSEX kE::'aTR` CF DEECS AI INDEXED I i '- Or THE
OF P,ECuRD OR IS RECORDED AND NGiEC OR THE Gi,:iER'S CERTIFICATE CF TITLE. .I
BOARD OF APPEAL .I
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DEC S10\Oh. . TO'; OF J'-.?,ES BUSKINS"f."i FOR A SPECIP.L
PER:,!T7 ;%A RIAtdCE 70R 8 TAF T RO.AJ
A hearing on this petition was held November 12, 1985 with the following Board
le,riD, rS present: James Hacker, Cha_'r-,an; •iessrs. , Bencal, Flemino=>
Luz inski and !
Strout. Not`_ce 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
t,assachusetts General Laws Chapter 40A.
I
Petitioner is reouesting a Special Permit or Variance from density and rear
setbacks to allow a deck in this P,-1 district.
The Board of Appeal, after hearing the application read by the Secretary, Richard
Bencal , makes the fo`_lo,, ing findings of fact:
1 . Neither the petitioner nor any representative for the Petitioner
was Dresent at the hearing.
On the ba55 of the above findings of fact, the Board of Appeal concludes as
follows:
1 . There was no evidence presented or plans available to enable the
Board to take affirmative action on this petition.
Therefore, the 2cnin1- Board of Appeal voted unanimously, 5-0, against granting
the Special Permit and Variance requested.
DENIED 1/
j)ames. P. !'ticker, Chairman
A. COPv 0; _',IS DECISION HAS BEEN _ICED IdT U THF PLAY•N1NG BOARD AND THE CITY CLERK
. SHALL 6E "ADE RU'SU6U TO S-LI C':TH'S DE
S9' - E, '-'L'b Iti `1'i 20 DAYS A°T inn DATE OF F Lf;G
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OF RECORD OR IS R-O:R-ZD t n;D OTEO Ci, TF.c On �-P.S CERTIFICATE OF TIT L .
BOARD OF APPEAL
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MORTGAGE INSPECTION
BAY STATE SURVEYING SERVICE INC.
234 CABOT ST., BEVERLY, MA. I'
LOCATIONAl•
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j SLG NOTES :
SCALE ] I�� ZU..FT.- _ A / e This is a Mortgage inspection survey and not
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an instrument survey,therefore this lot plan is for
REFERENCE � . 7Jl ! T%!�:.�5! Y. P"' 7 mortgage inspection purposes only.
• This survey is based on survey marks of
--- -- -- - -- -- ----- --- --- ---
ethers. �
�C--_--.-.----- • 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
1 • The building(s) are not located in the special
shown and that they conformed to the zoning setbacks of the
when � flood hazard zone, as defined by H.U.D.
structed.
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CONSENT
We members of the Planning Board of the City of Salem, hereby
consent to reconsiueration by the Boa.-d of Appeal. of the City of Salem
of the action of the Board of Appeal on a certain petition filed on
behalf of James E. Burkinshaw," 8 Taft Road, dated November 19, 1986,
-.elating to proposed construction at 8 Taft Road, Salem. A copy of said
petition is attached to this consent .
This Consent is given in accordance w:Lth and under the terms of
Massachusetts General. Law Chapter 40A, Section lo.
Signed this g day of .JLL Gt.0..YC' 1987 .
SALEM PLANNING BOARD
.-
® GENERAL CONTRACTORS
BUILDING, EXCAVATING, REMODELING
24 MONROE ROAD SALEM, MASS. 01970
(617) 744-3005
10 January 1987
City Of Salem
Board of Appeal
One Salem Green:
Salem, Massachuttes
Chairman HACKER and Board Members;
I am. a abutter of JAMES B.URKINSHAW, 8 Taft Road. I would
like to go on record as being in., favor of the applicants petition.
for a variance to build a deck.
Having watched the BURKINSHAW!S remodel and improve their
property over the years, I knowthis deck will enhance the beauty
and value of our neighborhood.
Sincerely; /G
ROBERR J. TINA.
24: Monroe Road.
SALEM FIRE DEPARTMENT
FIRE PREVENTION BUREAU
48 LAFAYETTE STREET
SALEM, MA 01970
(617) 745-7777
TO: Board of Appeal
FROM: Capt. Turner, Fire Prevention Bureau
RE: Comments relative to January 14th meeting
DATE: January 14, 1987
8 Taft Road
James E. Burkinshaw
Hearing date: January 14, 1987
The property located at #8 Taft Road has current compliance with the
provisions of Chapter 148 Section 26E Massachusetts General Laws
relative to the installation of automatic smoke detectors.
The Salem Fire Department has no objection to the granting of a Special
Permit and/or Variance to allow a deck at this location.