23 WARREN STREET - ZBA 23 Warren St. R-2
Stephen M. Limon _
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DECISION ON THE PETITION OF STEPHEN M. LIMON FOR A SPECIAL CITY CLERK.SALEM.MASS,
PERMIT AT 23 WARREN ST. (R-2)
A hearing on this petition was held May 27, 1987 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.
Petitioner, owner of the property, is requesting a Special Permit to extend
nonconforming rear & side setback to allow construction of a deck in this
R-2 district.
The provision.of the Salem Zoning Ordinance which is applicable to this request
for 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 VIZI 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 one abutter in opposition;
2. The proposed deck would be lowered to assure the privacy
of the abuttin.r neighbor.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as. follows:
1 . The relief requested can be granted without substantial detriment to
the public good and without derogating from the intent of the district
or the purpose of the Ordinance.
2. The granting of the Special Permit will promote the safety,
convenience and welfare of the City's inhabitants.
DECISION ON THE PETITION OF STEPHEN M. LIMON FOR A SPECIAL
PERMIT AT 23 WARREN ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the '
Special Permit requested, subject to the following terms and conditions:
1 . Owner obtain a building permit;
2. A shield to the side of the deck on the 21 Warren St. side of the
property be put on;
3. The deck be not less than 16" from the finished kitchen floor.
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SPECIAL PERMIT GRANTED
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Peter Strout, Member, Board of Appeal
A-COPY OF. THIS DECISION HAS. BEEN FILED.WITH THE PLANNING BOARD AND THE CITY CLERK
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DECISION ON THE PETITION OF STEPHEN M. LIMON FOR A SPECIALCI7Y CLERK.SALEM.MASS.
PERMIT AT 23 WARREN ST. (R-2)
A hearing on this petition was held May 27, 1987 with the following Board Members 5'.
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.
Petitioner, owner of the property, is requesting a Special Permit to extend
nonconforming rear & side. setback to allow construction of a deck in this
R-2 district.
The provision of the Salem Zoning Ordinance which is applicable to this request
for for a Special Permit is Section VI B 10, which provides as follows:
i' 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
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 one abutter in opposition;
2. The proposed deck would be lowered to assure the privacy
of the abuttinS neighbor.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . The relief requested can be granted without substantial detriment to
the public good and without derogating from the intent of the district
or the purpose of the Ordinance.
2. The granting of the Special Permit will promote the safety,
convenience and welfare of the City's inhabitants.
II. ,
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DECISION ON THE PETITION OF STEPHEN M. LIMON FOR A SPECIAL
PERMIT AT 23 WARREN ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the
Special Permit requested, subject to the following terms and conditions:
1 . Owner obtain a building permit;
2. A shield to the side of the deck on the 21 Warren St. side of the
property be put on;
3. The deck be not less than 16" from the finished kitchen floor.
SPECIAL PERMIT GRANTED
Peter Strout, Member, Board of Appeal
A-COPY OF THIS DECISION HAS BEEN FILED,WITH THE PLANNING BOARD AND THE CITY CLERK
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BOARD OF APPEAL
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shown on this plan was located on `� �` �V MIe j
the::"ground as shown thereon and it n► OSE ��r� r
Conforms- to the zoning and building �H S.
ordinance of the City of Salem when
constraoted and to restrictions SO4LE /=20` ALY 26, /976
on record. Area is not in the 100 BAY STATE SUM"AW SERVICE
year flood plain. 222 CABOT Sr, BEVERLY MASS.
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Reference being by deed recorded in
the Essex Registry of Deeds South
District Bk. 5144 Pg. 509.
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This is a tape survey and not an
Instrument survey therefore this
plot plan is for mortgage purposes
only.
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