17 WILLSON STREET - ZBA 17 Wil`Ison st. R-2
Robert Chali,four -(Petitioner) _
Erle Soper, (Owner) J
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DECISION ON THE PETITION OF ERLE SOPER (OWNER) , ROBERT CHALIFOUR w
(PETITIONER) FOR A SPECIAL PERMIT AT 17 WILLSON ST. (R-2)
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A hearing on this petition was held June 24, 1992 with the following
Board Members present: Richard Bencal, Chairman; Richard Febonio,
Edward Luzinski, Francis Grealish Jr. , and Stephen Touchette.
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.
The petitioner and the owner of the property are requesting a Special
Permit to extend a nonconforming side setbacks 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 a Special Permit is Section 5-3(j ) , 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 8-6 and 9-4, 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 tc this petition.
2. The granting of the Special Permit would enhance the quality of
life for the petitioner.
3. The proposed porch will follow the lines of the existing structure
and will replace a seriously deteriorated porch which had become a
safety hazard and had to be removed.
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PETITION OF ERLE SOPER (OWNER) , ROBERT CHALIFOUR (PETITIONER) FOR A
SPECIAL PERMIT AT 17 WILLSON ST. , SALEM
page two
4. The impact of the porch is extremely minimal and the granting of
the special permit will allow petitioner a fuller use of his rear
yard.
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On the basis of the above findings of fact, and on the evidence m^ m
presented, the Board of Appeal concludes as follows:
1 . 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.
2. The granting of the Special Permit requested will promote the
public health, safety, convenience and welfare of the City's
inhabitants and may be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant
the Special Permit requested, subject to the following conditions:
1. Petitioner shall comply with all City and State statutes,
ordinances, codes and regulations.
2. All construction shall be done as per the plans and dimensions
submitted.
3 . All requirements of the Salem Fire Department relative to smoke
and fire safety shall be strictly adhered to.
4. Petitioner shall obtain a legal building permit.
SPECIAL PERMIT GRANTED
June 24, 1992
Francis X. Grealish, Jr.
Secretary, Board of Appeal
DECISION ON THE PETITION OF ERLE SOPER, OWNER/ROBERT CHALIFOUR,
PETITIONER, FOR A SPECIAL PERMIT AT 17 WILLSON ST. , SALEM
page three
A COPY OF THIS DECISION 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 MGL Chapter 40A. , and shall be filed within 20 days after the
date of filing of this decision in the office of the City Clerk.
Pursuant to MGL Chapter 40A. , Section 11, the Special Permit granted
herein shall not take effect until a copy of the 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 dismissed or denied is recorded in the South Essex Registry
of Deeds and indexed under the name of the owner of record or is
recorded and noted on the owner's Certificate of Title.
Board of Appeal
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