11 WARREN STREET - ZBA i I
11 Warren St. Unit 1 R-2 E
- -
Angela Nannini
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DECISION ON THE PETITION OF ANGELA NANNINI FOR A SPECIAL
PERMIT FOR 11 WARREN ST. (UNIT #1 ) (R-2)
A hearing on this petition was held March 7, 1990 with the following Board
Members present: James Fleming, Chairman; Messrs. , Bencal, Febonio, Luzinski
and Associate Member Dore. 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 unit, is requesting a Special Permit to allow
construction of a deck on the first floor rear. The property 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 V111 F and 1X D, grant Special Permits for alterations and reconstruction
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 . No opposition to the proposal was expressed.
2. The deck to constructed on the first floor rear could be used by the
first and second floor tenants as an egress.
3. Dwelling is composed of two condominium units, one on the first floor
and one on the second.
4. The owner of the second floor unit spoke in ,favor of the project.
On the basis of the above findings of fact, and on the evidence presented at
the hearing, the Board of Appeal concludes as follows:
1 . The proposed deck will be in harmony with the neighborhood and will
promote the public health, safety, convenience are welfare of the City's
inhabitants.
2. The Special Permit 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.
DEC1SlON ON THE PET1T10N OF ANGELA NANNINI FOR A SPECIAL PERMIT
AT 11 WARREN STREET, SALEM
page two .
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Special Permit requested, subject to the following Board Members:
1 . The petitioner shall comply with the requirements of the Salem
j Fire Department..
2. The deck shall be constructed in accordance with city and state
building codes.
3. Construction must be in accordance with plans submitted.
4. A Certificate of Appropriateness must be obtained from the Salem
Historical Commission.
SPECIAL PERMIT GRANTED (� /
Peter Dore, Member, Board of Appeal
Fi
i A COPY OF THIS DEC1S10N 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. 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
or !pecial Permit granted herein shall not take effect until a copy of the
j 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 dismisse4J 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 an the owner's Certificate of Title.
{ BOARD OF APPEAL
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PLAN OF LAND
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SAL E/�1 SASS_ /41 R.W. REID R.L.S. LYNNFIELD, MA .
SCALE IR= zo• JJNN ,cx9ec
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I certify that.the dwefling is Jit/A/Q/l En/ ST.
located as shown and con-
formed to the zoning laws
of the of
den constructed: 2 J,,2�
I , hereby, certify to the best of my knowledge that the premises shown on this plan are
not located within a flood hazard area as delineated on the map of Community g2sarez -.9
prepared by the Department of (lousing and Urban Development or its successors dated 3/1s/>>
I further certify that this inspection was performed in accordance with the "Technical
Standards for Mortgage Loan Inspections" as adopted by the Massachusetts Association of Land
Surveyors and Civil Engineers , Inc.
Note: This plan was prepared from a tape survey and is intended for mortgage purposes only.
Offsets shown on, or scaled from this plan are approximate only, and should not be used to
determine property lines.
Book 76C3Page Co Certificate Number
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