3 THOMAS CIRCLE - ZBA P ^ 3 Thomas Circle B-2 a }
Richard & Roberta Williams
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DECISION ON THE PETITION OF RICHARD AND ROBERTA WILLIAMS FOR A
SPECIAL PERMIT FOR 3 THOMAS CIRCLE (B-2)
A hearing on this petition was held August 10, 1988 with the following Board
Members present: James Fleming, Chairman; Messrs. , Bencal, Nutting, Luzinski,
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 withe Massachusetts General Laws Chapter 40A.
Petitioners, owners of the property, are requesting a Special Permit from
sideline setback and use extending non-conforming use to construct an
addition in this B-2 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
land, structures, and uses, provided, however, that such changes,
extension, enlargement or expansion shall not be substantially more `
detrimental than the existing nonconforming use to the neighborhood.
In more general terms, this Bard 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 and after
viewing the plans makes the following findings of fact:
1. The proposed addition would be in keeping with the surrounding
neighborhood.
2. There was no opposition.
On the basis of the above findings of fact, and on the evidence presented,
the Board of Appeal cond.lides as follows:
1. The granting of the Special Permit request will not be detrimental
to the public good and will not nullify or derogate from the district
or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Special Permit, subject to the following conditions:
1. Building Permit be obtained, and occupancy permit from the
Building Inspector.
2. The petitioner meet all the requirements of the Salem Fire Department
relative to fire safety;
.j .
DECISION ON THE PETITION OF RICHARD AND ROBERTA WILLIAMS FOR A
SPDCIAL PERMIT FOR 3 TM1AS CIRCLE, SALEM
PAGE TWO
3. All construction be as per plans submitted.
4. New building to be built in harmony with existing structure.
GRANTED
Peter Strout,MF3nber,Board of Appeal
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 PURS!!ANT TO SECTIOP 17 OF THE MASS.
fi NERAL LA1iS, U;APfe?, SOS. AIND SHALL BE Fill" U!'A.N 20 DAYS AFTEP ;HE DATE OF FILING
('r TIi1S DcciS'DN IN THE OFFICE OF THE CIN CLERi(. --
iC S ;ERA L.-.':5, CIIAPTER 8;4, E .1! !1, THE V^RANCTL rP Sp-(,!Al PER.-AIT
1^!iE EFFECT UNTIL A C r THF THE CERT.
! :.N F H i CaR i!'A: 20 DAYS HAV; i. P, N) r ;. HAi '_(iJ FILM.
� u Ai. :F S „ A;i AW[ HAS BEEN FILE Ti;,V n ,
L:VED IS
R_L..;;;iEU IN THE S:JiH ESSEX P,ECISTRY OF OEEC7: A.Q WDEXED 0i';DEd 1.4' NAIAE OF THE OWNER
OF RECORD OR IS RECORDED AND NOTED ON THE OWNERS CERTIFICATE OF TITLE.
BOARD OF APPEAL
�oNetT Citp of Oatem, Ya�c actjtl ett
v6 Office of ttje Citp Council
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aWigllyg CPQ D WARD COUNCILLORS
KEVIN R. HARVEY CITY Or SL :
COUNCILLORS-AT-LARGE PRESIDENT
GEORGE A.NOWAK
1988
JOSEPHINE R. FUSCO KEVIN R.HARVEY
DONALD T.BATES
CITY CLERK VINCENT J.FURFARO
FRANCESJ.GRACE LEONARD F.O'LEARY
NEIL J.HARRINGTON
JEAN-GUY J.MARTINEAU
GEORGE P.McCABE SARAH M.HAYES
August 10, 1988 MARK E.BLAIR
Mr. James Fleming, Chairman
Board of Appeals
City of Salem
Salem, Mass. 01970
Dear Mr. Fleming: RE: PETITION OF RICHARD &
ROBERTA WILLIAMS
I would like to be recorded in favor of the above petition for a Special
Permit frau sideline set back and use extending non-conforming use to
construct an addition at 3 Thanas Circle (B-2) .
I have received no objections whatsoever frau the neighbors.
I hope you will consider the above request favorably.
Very truly yours,
LEONARD F. O'LEARYY
COUNCILLOR WARD FOUR
Lot/jc
CITY OF SALEM, MASSACHUSETTS
PLANNING DEPARTMENT
GERARD KAVANAUGH B ONE SALEM GREEN
CITY PLANNER 01970
�. (617)745-9595,EXT.311
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ti^�rixa�
August 1, 1988
Mr. James Fleming
Chairman
Board of Appeal
One Salem Green
Salem, MA 01970
RE: 3 Thomas Circle
Dear Mr. Fleming:
I am writing to you with regard to the petition of Richard and Roberta
Williams for a Special Permit from sideline set back and extension of a non-
conforming use to construct an addition at 3 Thomas Circle.
After review of Mr. and Mrs. Williams' plan, I would like to express my
support for the granting of this Special Permit by the Board of Appeal.
Sin y,
Gerard avanaugh
City P anner
M40WP
(lli#v of "Salem, C assarhuselts
�''+•�� -• Aire Department �Heabquarterz
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48 71u g0te .�itred
Joseph F. Sullivan o aLem, Ott. 91970
Chief
City of Salem Re: 3 Thomas Circle
Board of Appeal Richard & Roberts Williams
One Salem Green Hearing date: August 10, 1988
•
The property located at #3 Thomas Circle 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 to construct an addition at this location subject to the following
conditions:
1. Plans for the proposed construction are presented to the Fire
Prevention Bureau for approval prior to the issuance of a
building permit.
2. The proposed construction shall conform to all applicable
provisions of the Massachusetts State Building Code, 527 Code of
Massachusetts Regulations, the Salem Fire Prevention Code, the
Salem City Ordinances, and Massachusetts General Laws relative to
fire safety.
I
3. The applicant shall arrange for an inspection by the Fire
Prevention Bureau upon completion of the work.
Signed,
Robert W. Turner,
Fire Marshal
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