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83 VALLEY STREET - ZBA 83 Valley St. R-1 Arthur D. Emerson L_ II � � f DATE OF HEARING �/ 7 PETITIONER LOCATION MOTION: TO GRANT SECOND TO DENY SECOND TO RE-HEAR SECOND LEAVE TO WITHDRAW SECOND TO CONTINUE SECOND ��ROLL CALL PRESENT GRANT DENY WITHDRAW RE-HEAR CONTINUE (// / RICHARD BENCAL N �/JOSEPH CORRENTI RICHAR`D_VFEBONIO EDWARD LUZINSKI d j� =�fR�416�T v ASSOCIATE MEMBERS CONDITIONS: _( 9 - cJcc . mkbz of �ttlem, �ttsstttlluse##s hr.pmti.�� DECISION ON THE PETITION OF Arthur D. Emerson FOR SPECIAL PERMIT AT 83 Valley Street (R-1 ) A hearing on this petition was held on April 11, 1991, with the following Board Members present: Richard Bencal, Chairman; Joseph Correnti, Edward Luzinski , and Richard Febonio . Notice of the hearing was sent to abutters and others and notices were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioners are requesting a Special Permit in order to extend the height of this non-conforming structure pursuant to Section 8 D(1) . The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section VI 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 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 consideration of the evidence presented at the public hearing, makes the. following findings of fact: 1 . The premises and building in question is a residential home in an R-1 zone. f DECISION ON THE PETITION OF ARTHUR D. EMERSON FOR SPECIAL PERMIT' AT 83 VALLEY ST. , SALEM page two 2. All abutters of the premises were notified by mail of this petition before the Board. 3 . That the proposed addition will increase the height of the current non-conformity. 4 . That the proposed addition is to add a second floor to the existing structure for use by the owner/occupants . 5 . That one abutter spoke in opposition to the petition. On the basis of the above findings of fact, and of the evidence resented at the hearing, the Board of Appeal concludes as P 4. PP follows : 1. The proposed changes will not be substantially more detrimental to the neighborhood than the existing non-conforming use and can be granted in harmony with the Zoning ordinance and without derogating from its intent or the public good. Therefore the Board of Appeal voted 4-0 to allow the Special Permit requested subject to the following conditions : 1. That the petition be allowed as per plans and dimensions submitted. 2. That the exterior finish be compatible with the existing structure. 3 . That all necessary state and local permits and certificates be obtained, and that all applicable codes be adhered to, including but not limited to building and fire permits and inspections. SPECK. PEEMIT GRANTED Aprilr: �91 cc �\ C J xcc Joseo C. Correnti, Secretary 1L' > UJ LU COPr=OF 'ykt DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision. If any,shall tie made puwabant to Sectffff V dl P U the Mass. General 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. Pursuant to Mass. General Laws, Chapter 308, Section 11, the Variance or ?pecial 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 dismisseG or denied is recorded in the South Essex Registry of Deeds and indexed tinder the name or the owner of record ot. Is recorded and noted on the owner's certificate of Title. BOARD OF APPEAU t� of "Salem, fflttssadjuse##s iT 1 Paura of (Appeal D%C. May 6, 1991 Noticeeis hereby given that as of May 1 , 1991 the decision of the Board of Appeal has been filed in the office of the ` City Clerk to grant the petition of Arthur D. Emerson for a , T Special Permit to extend the height of the nonconforming structure at 83 Valley St. (R-1 ) BOARD OF APPEAL Brenda M Sumrall Clerk of the Board Appeal from this decision, if any, shall be made pursuant to Section 17 of the Mass. General 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. Pursuant to Mass. General Laws, Chapter 808, Section 11,the Variance c,r ?irecial Permit granted herein shall not take effect until a copy of the 'ecision, bearing the certification of the City Clerk that 20 days have elanse:i and no appeal has been filed, or that, if such appeal has been filed,that it has been dismisseQ or denied is recorded in the South Essex Registry of Degds and indexed under the name or the owner of record.or Is recorded and noted sn the owner's Certificate of Title. BOARD.OF APPEAU i=� ��� •' (fit" ofR c74 �ttlem, ��Httssttthusetts Board of rAvvenl '91 MAY -1 A8 :32 DECISION ON THE PETITION OF Arthur D. Emerson CITY CLERK. ,)FFICE S/yl_rr1 . nr FOR SPECIAL PERMIT AT 83 Valley Street (R-1 ) A hearing on this petition was held on April 17, 1991, with the following Board Members present : Richard Bencal , Chairman; Joseph Correnti , Edward Luzinski , and Richard Febonio. Notice of the hearing was sent to abutters and others and notices were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioners are requesting a Special Permit in order to extend the height of this non-conforming structure pursuant to Section 8 D(1) . The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section VI 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 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 consideration of the evidence presented at the public hearing, makes the following findings of fact : 1. The premises and building in question is a residential home in an R-1 zone. DECISION ON THE PETITION OF ARTHUR D. EMERSON FOR SPECIAL PERMIT AT 83 VALLEY ST. , SALEM page two 2. All abutters of the premises were notified by mail of this petition before the Board. 3 . That the proposed addition will increase the height of the current non-conformity. 4 . That the proposed addition is to add a second floor to the existing structure for use by the owner/occupants . 5 . That one abutter spoke in opposition to the petition. On the basis of the above findings of fact, and of the evidence presented at the hearing, the Board of Appeal concludes as follows: 1. The proposed changes will not be substantially more detrimental to the neighborhood than the existing non-conforming use and can be granted in harmony with the Zoning ordinance and without derogating from its intent or the public good. Therefore the Board of Appeal voted 4-0 to allow the Special Permit requested subject to the following conditions: 1. That the petition be allowed as per plans and dimensions submitted. 2. That the exterior finish be compatible with the existing structure. 3. That all necessary state and local permits and certificates be obtained, and that all applicable codes be adhered to, including but not limited to building and fire permits and inspections. SPECK. PEaWIT GRANTED April00 L 91 Y _ /Josept C. Correnti, Secretary ww COPVOF 'SHL* DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK I— (teal from this decision, If ary,shall be made pllreUant to seat n V 4 _ 9% U the Mass. General 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. Pursuant to Mass. General Laws, Chapter 308, Section 11, the Variance or 9pecof 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 er the owner of record or, is recorded and noted on the owner's Certificate of Title. BOARD OF APPEAU t f+ (Eitt1 ofttlem, ttssttCliusetts 'Sourd of Aufrenl 091 MAY -1 A8 :32 CITY CLERK OFFICE DECISION ON THE PETITION OF Arthur D. Emerson FOR SPECIAL PERMIT AT 83 Valley Street (R-1 ) A hearing on this petition was held on April 17, 1991, with the following Board Members present: Richard Bencal, Chairman; Joseph Correnti , Edward Luzinski , and Richard Febonio. Notice of the hearing was sent to abutters and others and notices were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioners are requesting a Special Permit in order to extend the height of this non-conforming structure pursuant to Section 8 D(1) . The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section VI 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 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 consideration of the evidence presented at the public hearing, makes the following findings of fact: 1. The premises and building in question is a residential home in an R-1 zone. ' DECISION ON THE PETITION OF ARTHUR D. EMERSON FOR SPECIAL PERMIT" AT 83 VALLEY ST. , SALEM page two 2. All abutters of the premises were notified by mail of this petition before the Board. 3 . That the proposed addition will increase the height of the current non-conformity. 4 . That the proposed addition is to add a second floor to the existing structure for use by the owner/occupants. 5 . That one abutter spoke in opposition to the petition. On the basis of the above findings of fact, and of the evidence presented at the hearing, the Board of Appeal concludes as follows : 1. The proposed changes will not be substantially more detrimental to the neighborhood than the existing non-conforming use and can be granted in harmony with the Zoning ordinance and without derogating from its intent or the public good. Therefore the Board of Appeal voted 4-0 to allow the Special Permit requested subject to the following conditions : 1. That the petition be allowed as per plans and dimensions submitted. 2. That the exterior finish be compatible with the existing structure. 3 . That all necessary state and local permits and certificates be obtained, and that all applicable codes be adhered to, including but not limited to building and fire permits and inspections . SPECK. PERMIT GRANTED Apriln7, 91 \ x_ JoseA C. Correnti, Secretary ww COPEOF V* DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK � rN Appeal from this decision,If any, shall be mad pursuant to SecR08?I Uj v the Mass. General 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. Pursuant to Mass. General Laws, Chanter 908, Section 11, the variance or Ppeciat 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 dismisseC or denied is recorded in the South Essex Registry of Deeds and indexed under the name air the owner of record of, is recorded and noted on the owner's Certificate of Title. BOARD OF APPEAU Y - �l ofttlem, � Hussttcltusetts Botts of rAufrettl '91 MAY —1 A 8 :32 CITY CLERK,'s OFFICE DECISION ON THE PETITION OF Arthur D. Emerson SA •, FOR SPECIAL PERMIT AT 83 Valley Street (R-1 ) A hearing on this petition was held on April 17, 1991, with the following Board Members present: Richard Bencal, Chairman; Joseph Correnti, Edward Luzinski, and Richard Febonio. Notice of the hearing was sent to abutters and others and notices were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioners are requesting a Special Permit in order to extend the height of this non-conforming structure pursuant to Section 8 D(1) . The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section VI 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 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 consideration of the evidence presented at the public hearing, makes the following findings of fact: 1. The premises and building in question is a residential home in an R-1 zone. J DECISION ON THE PETITION OF ARTHUR D. EMERSON FOR SPECIAL PERMIT AT 83 VALLEY ST. , SALEM page two 2 . All abutters of the premises were notified by mail of this petition before the Board. 3 . That the proposed addition will increase the height of the current non-conformity. 4 . That the proposed addition is to add a second floor to the existing structure for use by the owner/occupants . 5. That one abutter spoke in opposition to the petition. On the basis of the above findings of fact, and of the evidence presented at the hearing, the Board of Appeal concludes as follows: 1. The proposed changes will not be substantially more detrimental to the neighborhood than the existing non-conforming use and can be granted in harmony with the Zoning ordinance and without derogating from its intent or the public good. Therefore the Board of Appeal voted 4-0 to allow the Special Permit requested subject to the following conditions: 1. That the petition be allowed as per plans and dimensions submitted. 2. That. the exterior finish be compatible with the existing structure. 3 . That all necessary state and local permits and certificates be obtained, and that all applicable codes be adhered to, including but not limited to building and fire permits and inspections. SPECK, PERMIT GRANTED Aprilr.'17, 91 Il C` Cr xIlJoseph C. Correnti, Secretary i LOW COPV=OF V* DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK ar rN _ t_ 14ppeal from this decision.If arty,shall tie madd pursliant to Si:cftn V 4 the Mass. General 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. Pursuant to Mass. General Laws, Chapter 308, Section 11, the Variance or ?peciat Permit granted herein shall not take effect until a copy of the decision, bearing the certification of the City Ciefk 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 or the owner of record Or. is recorded and noted*n the owner's Certificate of Title, BOARD OF APPEAU