9 TURNER STREET - ZBA 9 Turner St. R_2
Richard Pigeon (owner)
Marie Potorski (Petitioner)
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CITY OF SALEM
BOARD OF APPEAL
One Salem Green
SALEM, MASSACHUSETTS 01970
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DECISION ON THE PETITION OF RICHARD PIGEON FOR A SPECIAL
PERMIT AT 9 TURNER ST. (R-2)
A hearing on this petition was held June 14, 1989 with the following Board
Members present: James Fleming, Chairman; Messrs. , Bencal, Feboneo, 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
an existing addition in the rear and an existing deck in the front of this
nonconforming structure which is located in an R-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 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
of the Board that the grant of the Special Permit will promote the public health.
safety, convenience or welfare of the City's inhabitants.
The Board of Appeal, after careful consideration of the evidence Dresented at
the hearing, makes the following findings of fact:
1 . Addition and deck were constructed without benefit of a
building permit.
2. A petition in opposition signed by twenty one (21 ) abutters and
neighbors was received by the Board of Appeal.
3. Petitioner amended his request by excluding the front deck, which
he said he would remove.
4. The rear addition was constructed on stilts to within inches of the rear
property line,and overlooks the abutting property.
5. There was vigorous vocal opposition by abutters and neighbors.
DECISION ON THE PETITION OF RICHARD PIGEON FOR A SPECIAL
PERMIT AT 9 TURNER ST. , SALEM
page two
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 Special Permit cannot be granted without substantial
detriment to the public good or without nullifying or substantially derogating
I
rom the intent of the district of the purpose of the Ordinance.
The addition would not be in harmony with the neighborhood and will not
promote the public health, safety, convenience or welfare of the City's
inhabitants.
Therefore, the Zoning Board of Appeal voted unanimously, 0-5, against the
granting of the requested Special Permit. Have failed to obtain the required
four (4) affirmative votes necessary to grant, the petition is denied.
SPECIAL PERMIT DENIED
ohn R. Nutti g, Sec ret ary
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.
Cenral Laws, Chapter 808, and shall be filed within 20 days after the date of filing
of this decision in the office of the City Clerk.
?arsuant to Mass. General Laws, Chapter BOB, Section 11 , the Variance or Special Permit
granted herein shall not take effect until a copy of the decision, bearing the certi-
fication of the City Cleric that 20 days have elapsed and not appeal has been filed,
or that, if such an 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 of the
owner of record or is recorded on the owner's Certificate of Title.
Board of Appeal
CARTER a TOWERS ENGINEERING CORP.
Yu. le, �ioiazaPLa�za��
Joseph D.Caner
Professional Engineer 6 FAIRVIEW AVENUE
Registered Land Surveyor SWAMPSCOTT, MASS. 01907
Tel. 592-8386
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PLOT PLAN OF LAND
L SALEM, MASS.
OWNER: RICHARD PIGEON
SCALE: 1" = 20'
M>rzY DATE: MAY 2, 1989
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Joseph F. Sullivan 6al[em, 4fla. 01970
Chief
City of Salem Re: 9 Turner Street
Board of Appeal Richard Pigeon
One Salem Green Hearing date: June 14, 1989
The property located at #9 Turner Street 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 allow an addition in the rear and a deck in the front 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.
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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