11 WITCHCRAFT ROAD - ZBA (2) 11 Witchcraft Rd. R-1
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_ Patricia Popp
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DECISION ON THE PETITION OF PATRICIA POPP FOR A SPECIAL
PERMIT AT 11 WITCHRAFT ROAD (R-1 )
A hearing on this petition was held September 19, 1990 with the following Board
Members present: Richard Bencal , Chairman; Edward Luzinski , Vice Chairman;
Joseph Correnti , Secretary; Richard Febonio and Mary Jane Stirgwolt. 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 allow an
existing deck in this R-1 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 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
expansion shall not be substantially more detrimental than the existing noncon-
forming 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 . The deck was constructed in 1986.
2. The deck allows a more fuller use of the property.
3. No support or opposition was presented.
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 welfare and convenience
of the City's inhabitants.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Special Permit requested, subject to the following conditions:
DECISION ON THE PETITION OF PATRICIA POPP FOR A SPECIAL PERMIT AT
11 WITCHCRAFT ROAD, SALEM
page two
1 . Petitioner comply with all requirements of the Salem Fire Department
relative to smoke and fire safety.
2. Petitioner obtain a legal building permit.
3. Deck remain as per dimensions submitted.
4. All construction be done as per all existing City and State building codes .
SPECIAL PERMIT GRANTED
September 19, 1990
chard A. Bencal , Chair an
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
to =`— -,'I sh:iI be filed rnthin 20 daYs
the P" ,. Cen'rl Laws. C F ; the Cdy Clerk.
of it'., d= s'.r. r.� �r
after t. �1= • - '^ �, ;;ion 11, vie ariance
:... .... . . . .' ^lf.r, ur..l a copy of the
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elaVs]1 ='rd ra ;,:,.`.., �. ,....;eJ �; r^.e•:n;ad m the Sculh Ecsex
filed. Y,r t it has I:e^� dsr.:.. ...
d irr'.��=d '�' er t'" °`r"= or the owner of record or
Registry of Deeds an
is recorded and noted sn the o t
wner BOARD OF APPEAL
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Professional Land Surveyors & Civil Engineers
ESSEX SURVEY SERVICE 1958 - 1986
OSBORN PALMER 1911 - 1970
F706949 BRADFORD & WEED 1885 - 1972
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I hereby certify to Francis T
I pa4 'Popp
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DATE: TULY ZS, F`` „
REFERENCE:DEED BK5501 Pr, -41 9ffist er R. Me1W_.PI:S.31317
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40 LOWELL STREET
PEABODY, MASS. 01960
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Joseph F. Sullivan
Chief
City of Salem Re: 11 Witchcraft Road
Board of Appeal Patricia Popp
One Salem Green Hearing date: September 19, 1990
The property located at #11 Witchcraft Road has no current compliance with
the provisions of Chapter 148, Section 26E, Massachusetts General Laws
relative to the installation of automatic smoke detectors.
The Salem Fire Department has no objection to the granting of a Special
Permit to allow an existing deck at this location on the condition that
the owner obtain compliance for smoke detectors from the Fire Prevention
Bureau.
Signed,
Robert W. Turner,
Fire Marshal