8 WEST TERRACE - ZBA 8 West Terrace R-1
William & Donna Wholly
G a_
a-
V ,
(fit" of ,$ttlPm, C4Fn99ar4U9gtt9 DEc o 3 C5
�Ruttrb of Aupeal
DECISION ON THE PETITION OF WILLIAM & DONNA WHOLLEY FOR A SPECIAL PERMIT
AT 8 WEST TERRACE (R-1)
A hearing on this petition was held November 29, 1989 with the following
Board Members present: James Fleming, Chairman; Richard Bencal, Vice-
Chairman; John Nutting, Secretary; Richard Febonio, Associate Member
LaBrecque. 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, requests a Special Permit to extend
non-conforming side setbacks to allow construction of a bathroom at 8 West
Terrace (R-1) .
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 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 opposition to the petition.
2. The proposed addition will enhance the petitioners quality of life.
On the basis of the above findings of fact, and on the evidence presented,
the Board of Appeal concludes as follows:
1. The grant of the Special Permit will promote the safety, convenience
and welfare of the' City's inhabitants.
2. 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.
i
f
DECISION ON THE PETITION OF WILLIAM 5 DONNA WHOLLEY FOR A SPECIAL PERMIT
AT 8 WEST TERRACE (R-1)
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the
Special Permit requested, subject to the following conditions:
1. Petitioner must comply with all requirements of the Salem Fire Dept.
2. All construction be as per the plans submitted.
3. All construction be done by legal building permit.
4. Petitioner obtain a Certificate of Occupancy.
5. Addition be built in harmony with the existing structure.
GRANTED
Richard T. Febonio, Board Member
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
en If �qv, <I'cl: L•c cnd' f�'•".rn: ' 'cr�or. l7 ^f
- -,� :rh C-srs
'1-J a:Um or r_cord or
h recurdcd „nd no,d on cne O'NnQr's Ci�Liice:z of Title.
BOARD OF APPEAL'
l �
MOTGAGE INSPECTI6.4 ,
BAY STATE SURVEYING SERVICE INC. -`"
234 CABOT ST., BEVERLY, MA.
LOCATION S_ALEM. MASS . NOTES
SCALE I _ FT. DATE 5E .7 . i 987 • This is a Mortgage Inspection survey and not
DEED BK .• 7493 .+eO * an instrument survey,therefore this plot plan is for
REFERENCE PG.. . . . . .. . ..... .......................... mortgage Inspection y.
RECORDED IN THE ES_SEX SOUTH D purpOlasOnl
ST REGISTRY OF DEEDS .. • This survey is based on survey marks of AJ. ' -- ------
others.
To • . _EASTERN SAVINGS BANK .. _. .- • Bushes,shrubs, fences and free lines do
hereby certify that I have examined the premises and that the not necessarily indicate property lines.
building (s) shown on this plan are located on the ground as
shown and that they conformed to the zoning setbacks of the •hazard
a building(s)zone,
a ) are not byH.located i. the special
CITY OF SALEM. MASS. flood hazard zone,as defined H.U.O.
-- ---- --------- ---.._. .- --___--_-. when constructed.
� II
WHENEVER AN OFFSET IS
1' t OR LESS AN INSTR. SURVEY IS
F` nA A".ENDED TO DETERMINE
I Z
N/F GTY OF SA-EM
Red Y
_ r '
i31ve 13arAr��M �'�1"k ll �
� K
Real heu 6efiK '�
� Aieea.= 926 SE
i M,7
Lo-r 6
tip
�rotiT
tii r '