10 LEVAL ROAD - BUILDING INSPECTION 10 T EVAT. ROAD
h Ctg of "ittlem, 'Massac4usetts
Puxrb of '4pud 1
' OCT 3 8 41 AM 86
FXE
DECISION ON THE PETITION OF RICHARD & MARIE DENIS FOR
A SPECIAL PERMIT FOR�10 LEVAL ROAD CfTY CLES" l V kg.MISS.
A hearing on this petition was held September 22, 1986 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 notices of the
hearing were properly published in the Salem Evening News in accordance with
Massachusetts General Laws Chapter 40A.
Petitioners, owners of the property, are requesting a Special Permit to extend
nonconforming side setback to allow construction of a two story addition in
this R-1 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 appeaing 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
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 presented at the
hearing, and after viewing the plans, makes the following findings of fact:
1 . There was no neighborhood opposition;
2. The Ward Councillor spoke in favor;
3. Applicant has a severely handicapped child and the additional
space is required to promote the general health and welfare of
the family.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . The proposed addition will not be substantially detrimental
to the neighborhood;
2. The proposed addition will be in harmony with the district and will
promote the convenience and welfare of the City's inhabitants.
DECISION ON THE PETITION OF RICHARD & MARIE DENIS
FORA SPECIAL PERMIT FOR 10 LEVAL ST. , 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 . Addition to be built according to plans submitted;
2. The Salem Fire Prevention Bureau approve the plans prior to .
the issuance of a building permit;
3. A Certificate of Occupancy be obtained.
SPECIAL PERMIT GRANTED
aures B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
_- APPEAL FrOA, THIS DECISION. IF ANY. SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LAV,S, CHAPTER 818, A::D SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF 1`111 0
- OF THIS CECIS!GN IN THE OFFICE OF THE CITY CLERK.
PURSAN TO MASS. CENEP.AL LkAT. CL.A.PTER 808, SEETL':.I 11. THE VARIANCE OR SPFSIAL PE"•'!T
- CRAr1TEO HERRE]%. SHALL NS, -,AEE EFFECT UNTIL A C_ . OF THE:'`CISC't;. Erw.% :3 TP:
FICATIO„ CF THE CITY CLER( T'A? 20 DAYS HA.,'E EL'.. ___ '+i h?P:AL H'S EE=_ F:LED,
OR THAT. IF SUCH A!'i AMA: HAS EEE`I FILE, TM-1 !T ..._ _E i.' DIS::!3SE0 CR -N ED IS
RECDP.Dr:, IN THE SOU.H ESE%.R6_STCY OF DUDS �.: r.v"c;:ED LINLIER THE NA:.:E CF THE CMN17^.
OF RECORD OR IS RECORDED AND U07ED ON THE G71 iiER S CERTIFICATE OF TITLE.
BOARD OF APPEAL
1gity of §alem, Massachusetts
Y ,
Oci 3 8 41 AH 186
FILE 6
DECISION ON THE PETITION OF RICHARD & MARIE DENIS FOR
A SPECIAL PERMIT FOR010=LEVAL ROAD _ CITYCLF9" SlLE14.NISi.
A hearing on this petition was held September 22, 1986 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 notices of the
hearing were properly published in the Salem Evening News in accordance with
Massachusetts General Laws Chapter 40A.
Petitioners, owners of the property, are requesting a Special Permit to extend
nonconforming side setback to allow construction of a two story addition in
this R-1 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 appeaing 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
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 presented at the
hearing, and after viewing the plans, makes the following findings of fact:
1 . There was no neighborhood opposition;
2. The Ward Councillor spoke in favor;
3. Applicant has a severely handicapped child and the additional
space is required to promote the general health and welfare of
the family.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . The proposed addition will not be substantially detrimental
to the neighborhood;
2. The proposed addition will be in harmony with the district and will
promote the convenience and welfare of the City's inhabitants.
DECISION ON THE PETITION OF RICHARD & MARIE DENIS
FOR A SPECIAL PERMIT FOR 10 LEVAL ST. , 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 . Addition to be built according to plans submitted;
2. The Salem Fire Prevention Bureau approve the plans prior to
the issuance of a building permit;
3. A Certificate of Occupancy be obtained.
SPECIAL PERMIT GRANTED
m,.L7rt�e/ �• �tL��eL����i
es B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL MOM THIS DECISION. IF ANY. SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GMERAL LA;1S, CHAPTER 838. AND SHALL BE FILED 1 THIN 20 DAYS AFTER THE DATE OF FILING
OF T41S DECISION IN THE OFFICE OF THE CITY CLERK.
PURSASS TO id ASS. CEitEP,AL LA:(°. CHAPTER 808• SE:.-i':! 11. THE VARIANCE OR SPMAL PE^.'.'.:T
_. CRAE-ED fiEREIN, SHALL NS-, i.Ai:E EFFECT UNTIL A C_.Y E:F THE 1E01-:-N. BE=.'t:ICG :2E CE.T—
- FICAT PIN CF THS CITY CLERi: T:'..:? 2O DAYS HA.�E v'.�._' ::;0 ";' - PEAL H.'-S BEE:. F7LE0,
. - OR THAT. IF SJ:'H A!'' APrE=.L Y,=.$ EEEN FILE. TF:, !T :: S Ef: DIS!i!CS-ED CP. C.!i!EJ IS
REC&P.DED IN THE SOU'H E"SEE RE3:STP,Y OF CEECS +. . !'�CEED U3CEF: THE NA:.:E CF THE
OF RECORD OR IS RE'"ROED AND N;TED ON THE O,r riE'S CERTIFICATE Of TITLE.
BOARD OF APPEAL
101[itg of `* �IPTIt� �c�T�Y*kc`dl �.i�B��� REMYED
�•r F/ uarbi of Appmi Ucl i 8 s k� EI '16
CITY CLr .-IPS GiFICE
SEPTEMBER 21, 1976 SALEM, MASS.
DECISION ON THE PETITION OF RICHARD AND MARIE E. DENIS FOR A SPECIAL PERMIT FOR
PROPERTY LOCATED AT 10 LEVAL ROAD (R-1 DISTRICT) .
Hearing on this petition was held on September 21, 1976 with Chairman John M. Gray, Sr. ;
and members Jane T. Lundregan, William Abbott, Arthur LaBrecque and Donald Eames.
present. Notices were duly mailed to abutters and others in accordance with Mass.
General Laws, Chapter 808.
Attorney Robert Ledoux represented the petitioners before the Board. The petitioners
are requesting a varian c e under Section 5, Paragraph C-10 for an addition to expand
their present dining area. They have a present side yard of 5.3 feet and they wish
to remove an existing carport and hallway and construct an addition with a smaller
carport in front of the addition, which would be'L l foot closer to the existing
non-conforming side line. The proposed addition therefore would be 4.2 feet from the
sidelines.
Mr. Albert Pero, an abutter, appeared in opposition.
The Board voted to grant the petitioner a variance to expand his house on the land
where the existing carport now sits, but the Board voted not to allow the petitioner
to further encroach on the sideline, therefore the Board granted the Special Permit
requested in part.
The Board found that it could do so without derogating from the existing Zoning
Ordinance or without detrimental effect on the surrounding neighborhood.
APPEALS FROM THIS DECISION, IF ANY SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY DAYS AFTER THE DATE OF
FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. A COPY OF THIS DECISION HAS
BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
SPECIAL PERMIT GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION
BEARING THE CERTIFICATION OF THE CITY CLERK THAT TWENTY DAYS HAVE ELAPSED AND NO
APPEAL HAS BEEN FILED, OR THAT IF SUCH AN APPEAL HAS BEEN FILED IT HAS BEEN DISMISSED
OR DENIED AS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED IN THE GRANTOR
INDEX UNDER THE NAME OF THE O;NER OF RECORD, OR RECORDED AND NOTED IN THE OWNERS
CERTIFICATE OF TITLE.
GRANTED - PARTIAL SALEM BOARD OF APPEAL
BY
( Secretary
RE C E;Y E D
u
a
Puttrh of C�"Ptt1 UC1 18 44 PH '76
CITY CLchti'S OrfICE
SEPTEMBER 21, 1976 SALEMrMASS.
DECISION ON THE PETITION OF RICHARD AND MARIE E. DENIS FOR A SPECIAL PERMIT FOR
PROPERTY LOCATED AT 10 LEVAL ROAD (R-1 DISTRICT) .
Hearing on this petition was held on September 21, 1976 with Chairman John M. Gray, Sr. ,
and members Jane T. Lundregan, William Abbott, Arthur LaBrecque and Donald Eames
.present. Notices were duly mailed to abutters and others in accordance with Mass.
General Laws, Chapter 808.
Attorney Robert Ledoux represented the petitioners before the Board. The petitioners
are requesting a varian c e under Section 5, Paragraph C-10 for an addition to expand
their present dining area. They have a present side yard of 5.3 feet and they wish
to remove an existing carport and hallway and construct an addition with a smaller
carport in front of the addition, which would be'1.1 foot closer to the existing
non-conforming side line. The proposed addition therefore would be 4.2 feet from the
sidelines.
Mr. Albert Pero, an abutter, appeared in opposition.
The Board voted to grant the petitioner a variance to expand his house on the land
where the existing carport now sits, but the Board voted not to allow the petitioner
to further encroach on the sideline, therefore the Board granted the Special Permit
requested in part.
The Board found that it could do so without derogating from the existing Zoning
Ordinance or without detrimental effect on the surrounding neighborhood.
APPEALS FROM THIS DECISION, IF ANY SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY DAYS AFTER THE DATE OF
FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. , A COPY OF THIS DECISION HAS
BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
SPECIAL PERMIT GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION
BEARING THE CERTIFICATION OF THE CITY CLERK THAT TWENTY DAYS HAVE ELAPSED AND NO
APPEAL HAS BEEN FILED, OR THAT IF SUCH AN APPEAL HAS BEEN FILED IT HAS BEEN DISMISSED
OR DENIED AS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED IN THE GRANTOR
INDEX UNDER THE NAME OF THE OWNER OF RECORD, OR RECORDED AND NOTED IN THE OWNER'S
CERTIFICATE OF TITLE.
GRANTED - PARTIAL SALEM BOARD OF APPEAL
BY
Secretary