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Legal Notice {
C 17Y OF SALEM
BOARD OF APPEAL
will hold a public hearing for all
persons interested in the petition sub-
mitted by D.L. COTE requesting a
Variance from side yard setback to
allow second story suspended deck
and a Special Permit to extend a
nonconforming structure to allow
larger floor space at third level for the
property located at 55 TURNER
STREET(R-2).Said hearing to be held
WEDNESDAY, SEPTEMBER 19,
20019 at 6:30 P.M., 120 WASHING-
TON STREET,third floor.
Nina Cohen,Chairman
(9/5,12)
CITY OF SALEM9 MASSACHUSi�T �F SALEM. MA
C BOARD OF APPEAL C ERK,S OFFICE
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA 01970
TEL. (978) 745-9595
�p FAx (978) 740-9846 Zoo' OCT 2U P 2: 0
STANLEY J. USOVICZ, JR.
MAYOR
DECISION OF THE PETITION OF D.L. COTE REQUESTING A VARIANCE AND
SPECIAL PERMIT FOR THE PROPERTY LOCATED 53-55 TURNER STREET R-2
A hearing on this petition was held October 17, 2001, 2001 with the following Board
Members present: Nina Cohen, Richard Dionne, Stephen Harris, Nicholas Helides and
Joan Boudreau. 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 requests a Variance from side yard setback to allow 2nd story suspended
deck and a Special Permit to extend a nonconforming structure to allow larger floor.
space at third level for the property located at 53-55 Turner Street located in a R-2.
The provisions the Salem Zoning Ordinance which is applicable to the request for a
Special Permit is section 5-3 0), 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 Sections 8-6
and 9-4, grant Special Permits for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extent 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 rules 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 Variances which have been requested may be granted upon a finding of the Board
that:
A. Special conditions and circumstances exist which especially affect the land,
Building or structure involved and which are not generally affecting other lands,
buildings or structures in the same district.
B. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner.
C. Desirable relief may be granted without substantial detriment to the public good and
without nullifying or substantially derogating from the intent of the district or the
of the Ordinance.
' DECISION OF THE PETITION OF THE D.L. COTE REQUESTING A VARIANCE AND
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 53—55 TURNER STREET
page two
The Board of Appeal, after careful consideration of the evidence presented, and after
viewing the plans, makes the following findings of fact:
1. Attorney George Atkins, from the firm of Ronan, Segal & Harrington represented the
petition.
2. An "as built" plot plan was submitted and reviewed.
3. The petitioner's counsel represented that the expansions of the third floor space was
approximately an additional 30%.
4. The proposed work has already been completed.
5. There was no basis for the finding of a hardship.
On the basis of the above findings of fact, and on the evidence presented at the
hearings the Zoning Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property but not the
district in general.
2. Literal enforcement of the provisions of the Ordinance would involve substantial
hardship on the petitioner.
3. 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
4. The Special Permit granted can be granted in harmony with the neighborhood and
will promote the public health, safety, convenience and welfare of the city's
inhabitants.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief
requested, subject to the following conditions;
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted and
approved by the Building Inspector.
3. All requirements of the Salem Fire Department relative to smoke and fire
safety shall be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
DECISION OF THE PETITION OF D.L. COTE REQUESTING A VARIANCE AND
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 53-55 TURNER STREET
page three
5. A Certificate of Occupancy is to be obtained.
6. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
Special Permit & Variance Granted
October 17, 2001
Nicholas Helides
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 pursuant to Section 17 of the
Massachusetts General Laws Chapter 40A, and shall be filed within 20 days after the
date of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts
General Laws Chapter 40A, Section 11, the Variance or Special Permit granted herein
shall not take effect until a copy of the decision bearing the certification of the City Clerk
that 20 days have elapsed and no appeal has been filed, or that, if such 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 and noted
on the owner's Certificate of Title.
Board of Appeal
v
HAWTHORNE COVE MARINA, INC.
REC. BK. 11868 PG. 86
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