7 WILLOW AVENUE - ZBA 7 Willow Ave. R-1
Lanning Levine
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DECISION ON THE PETITION OF LANNING LEVINE FOR A SPECIAL
PERMIT AT 7 WILLOW AVE. (R-1 )
A hearing on this petition was held April 20, 1988 with the following Board
Members present: James Hacker, Chairman; Messr. , Bencal, Fleming and 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, is requestind a Special Permit to extend
nonconforming setbacks to allow construction of a deck in this R-1 district.
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, structues, 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, and
after viewing the plans, makes the following findings of fact:
1 . There was no opposition;
Previous extermination of bees in the area of the proposed deck has
caused the land to be unable to grow grass or other vece ation and
having an aesthetically pleasing deck as proposed wou:c ce a better
use of the rear area.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . The granting of the special permit requested will be in harmony
with the neighborhood and will promote the public health, safety
and convenience of the City's inhabitants;
2. The relief requested can be granted without substantial detriment
to the public good and with nullfiying or substantially derogating
from the intent of the district or the purpose of the Ordinance.
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page two
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the
Special Permit requested, subject to the following conditions:
t . Construction be as per plans submitted;
2. Side and rear encroachments be as per plans submitted;
3. All work comform to allow city and state codes.
GRANTED
James B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
F' ,'c '.NT TO f_ - . .. .i .
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February 11 , 1888
To Whom it May Concern
City of Salem, Massachusetts
Board of Appeal
As an abutter to the property of ? Willow Avenue , Salem, I would like to
state for the record, that I have no concerns pertaining to the deck that
is in process of being built in the backyard at ? Willow Avenue .
Mr . Levine ask for my approval , which I granted before he started the project .
I discussed the plans with Mr . Levine on. various occassions before he
started the project and they are more than satisfactory to me.
In fact , the deck (when complete) will be more pleasant to the eye , than the
prior dirt backyard.
Thank you . -'
Mr . and Mrs. ,John L. Tranos
16 Summit Avenue
Salem,Massachusetts Date 2/11/88
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February 11 , 1968
To Whom it May Concern
City of Salem, Massachusetts
Board of Appeal
As an abutter to the property of 7 Willow Avenue, Salem, I would like to
state for the record, that I have no concerns pertaining to the deck that
is in process of being built in the backyard at 7 Willow Avenue .
Mr . Levine ask for my permission , which I granted before he started the project .
I discussed the plans with Mr . Levine on various occassions before he
started the project and they are more than satisfactory to me.
In fact , the deck (when complete) will be more pleasant to the eye, than the
prior dirt backyard.
Thank you .Mr . Richard J . Guy
5 Willow Avenue
Salem,Massachusetts Crate 2/19/88