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3 CONNORS ROAD - ZBA z 3 Conners Road R-1 : , '• Carroll & Arlene Dickinson �- ;: V DATE OF HEARING PETITIONER LOCATION MOTION: TO GRANT SECOND u TO DENY SECOND TO RE-HEAR SECOND LEAVE TO WITHDRAW SECOND TO CONTINUE SECOND ROLL CALL PRESENT GRANT DENY WITHDRAW RE-HEAR CONTINUE lt-1 RICHARD BENCAL JOSEPH CORRENTI RICHARD fEBONIO MARY JANE STIRGWOLT ASSOCIATE MEMBERS JOkN-� ARTHUR LABRECOUE CONDITIONS: / v ,rew,cLM r Titg of ttiem, fltt�sttcljusetts Poura of Appeal April 8, 1991 Notice is hereby given that as of April 3, 1991 the decision of the Board of Appeal has been filed in the office of the City Clerk to grant the petition of Carroll & Arlene Dickinson for a SpecialPPermit and Variance to allow second floor to be ex- panded and to convert to a two family at 3 Connors Road. C , ' BOARD OF APPEAL Brenda M. Sumrall Clerk of the Board Made Purguantto SecBoa YS Appeal from this decision,if any, shall and hall be filed within CO da 'Chapter SOB, rn the office of the the variance the Mass.General Law of this decision ter BOB, section 11,a COPY 0f the GeOerai,Laws,Chap. ot take effect antro days have after the date_of filing sh„ Clerk that 2 Pursuant to Mass. herein it ran , tion of the City if such appeal has been or `-?pecial Perm he ce1;t,c4 fled,or that, ed in the South bearing has been is record of record or decision, n0 3PPeat isseA or denied the owner elapsed and been is Is ed der the name or TWO filed,that0 Deeds and in the owner's Certificate of Re�istrY noted�r BOARD of APPEAL'• is recorded and (fitu of ttlem, 'T- assadjusetts \'• F Pattrd of (AU peal AGENDA March 20, 1991 - 7:00 p.m. 2nd Floor - One Salem Green 1 . Continued - Petition of John Perroni, Tr. for a Special Permit o allow the construction of an addition at 86 Summer St. (R-2) 2. Petition of the City of Salem for a Special Permit to allow overnight parking of not more that sixty (60) recreational vehicles at 50 Winter Island Rd. (RC) 3. Petition of Laurier Bouchard for a Special Permit to change the height of the garage roof at 8-10 Chase St. (R-3) 4. Petition of Virginia & Fernando Gomes for Variances to convert a two family dwelling into a three family dwelling at 5 Balcomb St. (R-2) 5• Petition of Mark Petit for Variances to allow construction of a single family dwelling at Skerry Street Court (R-2) 6. Petition of Carroll & AYrlsne Dickinson for a Special Permit and Variance to allow the second floor to be expanded and to convert to a two family at 3 Conners Rd. (R-1 ) 7• Continued - Petition of Brian Call for Variances to divide lot and to construct a single family dwelling at 15 Cherry Hill Ave. (R-1 ) 8. Petition of Tony Lena fora Variance from the City of Salem Sign Ordinance to allow a roof top sign at 313 Highland Ave. (BPD) 9• Approval of minutes as taped - February 27, 1991 . 10. Old/New Business For the, BOARD OF APPEAL Brenda M. Sumrall Clerk of the Board r- y (CitU of �ajvm, ^4RU55aCjjusett,3 ` s Boura of .Av}ieul \ r '91 APR —3 P3 :08 DECISION ON THE PETITION OF CARROLL AND ARLENE DICKINS0®17pkFRK'S OFF-ICE VARIANCES AND SPECIAL PERMIT AT 3 CONNERS ROAD (R-1 ) SALE!-ih A hearing on this petition was held March 20, 1991 with the following Board Members present: Richard Bencal, Chairman; Joseph Correnti, Secretary; Richard Febonio, Mary Jane Stirgwolt and Associate Member Arthur 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. Petitioners, owners of the property, are requesting a Special Permit and Variance to allow the second floor to be expanded to create a second dwelling unit in this single family (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 non- conforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land, structures, and uses, provided, however, that such change, extension 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 Variances which have been requested may be granted upon a finding of the Board that: a. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or structures in the same district. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. c. Desirable relief may 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. 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 premises and building in question is a single family home in an R-1 zone. DECISION ON THE PETITION OF CARROLL AND ARLENE DICKINSON FOR A SPECIAL PERMIT AND VARIANCES AT 3 CONNERS ROAD, SALEM page two 2. That presently the "- p y petitioners occupy this single fam � .'.c��r rand propose to add a second floor apartment making the dwelling iepnt7to neabp garrison. nn�� 3. That the petitioners have lived in the dwelling fot' oV@ Pdrt� LTi years. 4. That the petitioners which to expand the second ftp^ ncEltKa�!;tlptf son, his wife and their two children may live with them. SALET-1 Y...SS 5. That the proposed expansion will add another two feet to the current nonconformity. 6. That the petitioners have shown a compelling financial and human need to be allowed this expansion. 7. All abutters of the premises were notified by mail of this petition before the Board. 8. That there was no opposition to the application. 9• That a petition in favor of the application was submitted with twelve ( 12) names, many of whom are direct abutters. 10. That a letter addressed to the Board was submitted by Ward 2 City Councillor Kevin Harvey, which letter was in strong support of the petition. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: 1 . The proposed changes will not be substantially more detrimental to the neighborhood and can be granted in harmony with the Zoning Ordinance and without nullifying or substantially derogating from it's intent or the public good. 2. Special conditions exist which especially affect the subject property but not the district in general. 3. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioner. Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Special Permit and Variances requested, subject to the following conditions: 1 . The petition be allowed as per plans and dimensions submitted. 2. The exterior finish be compatible with the existing structure. 3. That all necessary state and local permits and certificates be obtained, and that all applicable codes be adhered to, including, but not limited to building and fire permits and inspections. 4. That at least one unit of the dwelling remain owner occupied at all times and that a driveway be maintained for off-street parking. DECISION ON THE PETITION OF Carroll and Arlene Dickinson FOR A SPECIAL PERMIT AND VARIANCES AT 3 CONNERS ROAD, SALEM page three �tFrF:�ic ;; Special Permit and Variances Granted March 20, 1991 -91 APR —3 P30 .(1P CIT CLEK!i' r!t ) ALE. : isle ose C. Correnti, Secretary 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 Chapter BOB- and shall be filed within CO lertrays the Mass.General laws. Chap the Variance after the date of filing of this decision in the office of the City Chapter 808. Section 11, of the Pursuant to Mass. Gene, led he herein the City Clerk that 20 Oats aye Permit^,ranted herein shall not take effect until a cop the carGficationfloed,or that, if such appeal has been riecision, hearing eal has teen _ elapsed and no :pP flied, ,ndexed under the name er the owner of rewrd OL that it has been dismisseC or domed is recorded in the South Essex Registry of Deeds and ' N,ner's Certificate of Tidy, . 15 recorded and noted on the o -" gpARn QE W3M 01j fliiitn of �ttlrm, 'fflttssttrltuseits F,^bnttra of I- peal '91 APR -3 P3 :08 DECISION ON THE PETITION OF CARROLL AND ARLENE DICKINSOCIPYIttLEOFF)CE VARIANCES AND SPECIAL PERMIT AT 3 CONNERS ROAD (R-1 ) $ASE 1 ,, A hearing on this petition was held March 20, 1991 with the following Board Members present: Richard Bencal, Chairman; Joseph Correnti, Secretary; Richard Febonio, Mary Jane Stirgwolt and Associate Member Arthur 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. Petitioners, owners of the property, are requesting a Special Permit and Variance to allow the second floor to be expanded to create a second dwelling unit in this single family (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 non- conforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land, structures, and uses, provided, however, that such change, extension 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 Variances which have been requested may be granted upon a finding of the Board that: a. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or structures in the same district. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. c. Desirable relief may 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. 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 premises and building in question is a single family home in an R-1 zone. DECISION ON THE PETITION OF CARROLL AND ARLENE DICKINSON FOR A SPECIAL PERMIT AND VARIANCES AT 3 CONNERS ROAD, SALEM page two 2. Thatresentl p y the petitioners occupy this single fam a IW`and propose to add a second floor apartment making the dwelling inttto agarrison. ny� 3. That the petitioners have lived in the dwelling foto ppORR FXtf-lX years. 4. That the petitioners which to expand the second fe" nCEI'Ka.T_ tE son, his wife and their two children may live with them. SALETH 5. That the proposed expansion will add another two feet to the current nonconformity. 6. That the petitioners have shown a compelling financial and human need to be allowed this expansion. 7. All abutters of the premises were notified by mail of this petition before the Board. 8. That there was no opposition to the application. 9• That a petition in favor of the application was submitted with twelve (12) names, many of whom are direct abutters. 10. That a letter addressed to the Board was submitted by Ward 2 City Councillor Kevin Harvey, which letter was in strong support of the petition. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: 1 . The proposed changes will not be substantially more detrimental to the neighborhood and can be granted in harmony with the Zoning Ordinance and without nullifying or substantially derogating from it's intent or the public good. 2. Special conditions exist which especially affect the subject property but not the district in general. 3. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioner. Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Special Permit and Variances requested, subject to the following conditions: 1 . The petition be allowed as per plans and dimensions submitted. 2. The exterior finish be compatible with the existing structure. 3. That all necessary state and local permits and certificates be obtained, and that all applicable codes be adhered to, including, but not limited to building and fire permits and inspections. 4. That at least one unit of the dwelling remain owner occupied at all times and that a driveway be maintained for off-street parking. DECISION ON THE PETITION OF Carroll and Arlene Dickinson FOR A SPECIAL PERMIT AND VARIANCES AT 3 CONNERS ROAD, SALEM page three Special Permit and Variances Granted March 20, 1991 -91 RPR -3 P3 :O8 CIT ALE ALEs S t?-� . F`"` oseVb C. Correnti, Secretary 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 it Section y of Chapter 808, and shall be filed within 20 days Of this decision in the office of the city clerk. the Mass. General laws. Section 11,the Variance after the date of filing Chapter 808. until a copy of the Pursuant to Mass. General Laws, Clerk that 20 days have Permit granted herein shall not take effect u or that, if such appeal has been decision, t:Permit the certification of the City elapsed and no appeal has been tiled. filed, indexed under the name er the owner of retard of that it has been dial beissen or denied Is recorded in the South Essex Registry of 0ecds and ind the owner's certificate of Tnity, jr. recorded awd noted art r=' (Cit" of I�ZIJVM, 44jju5sttc11U9rttS i ` - 'Boara of .�u}1eu1 , '91 APR —3 P3 :08 DECISION ON THE PETITION OF CARROLL AND ARLENE DICKINSCQj"tj_FFK,S OFF)CE VARIANCES AND SPECIAL PERMIT AT 3 CONNERS ROAD (R-1 ) SAW`-, 1 ,, c A hearing on this petition was held March 20, 1991 with the following Board Members present: Richard Bencal, Chairman; Joseph Correnti, Secretary; Richard Febonio, Mary Jane Stirgwolt and Associate Member Arthur 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. Petitioners, owners of the property, are requesting a Special Permit and Variance to allow the second floor to be expanded to create a second dwelling unit in this single family (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 non- conforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land, structures, and uses, provided, however, that such change, extension 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 Variances which have been requested may be granted upon a finding of the Board that: a. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or structures in the same district. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. c. Desirable relief may 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. 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 premises and building in question is a single family home in an R-1 zone. DECISION ON THE PETITION OF CARROLL AND ARLENE DICKINSON FOR A SPECIAL PERMIT AND VARIANCES AT 3 CONNERS ROAD, SALEM page two 2. That presently the petitioners occupy this single fam RcE A �2nd propose to add a second floor apartment making the dwelling ��iepn��to eapDpgar7rison.nny�� 3. That the petitioners have lived in the dwelling faT� o " F9rt� �FOj years. 4. That the petitioners which to expand the second ftppf Cl�EZKatnr"eF son, his wife and their two children may live with them. $ALE1-1 5. That the proposed expansion will add another two feet to the current nonconformity. 6. That the petitioners have shown a compelling financial and human need to be allowed this expansion. 7. All abutters of the premises were notified by mail of this petition before the Board. 8. That there was no opposition to the application. 9. That a petition in favor of the application was submitted with twelve (12) names, many of whom are direct abutters. 10. That a letter addressed to the Board was submitted by Ward 2 City Councillor Kevin Harvey, which letter was in strong support of the petition. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: 1 . The proposed changes will not be substantially more detrimental to the neighborhood and can be granted in harmony with the Zoning Ordinance and without nullifying or substantially derogating from it's intent or the public good. 2. Special conditions exist which especially affect the subject property but not the district in general. 3. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioner. Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Special Permit and Variances requested, subject to the following conditions: 1 . The petition be allowed as per plans and dimensions submitted. 2. The exterior finish be compatible with the existing structure. 3. That all necessary state and local permits and certificates be obtained, and that all applicable codes be adhered to, including, but not limited to building and fire permits and inspections. 4. That at least one unit of the dwelling remain owner occupied at all times and that a driveway be maintained for off-street parking. l� DECISION ON THE PETITION OF Carroll and Arlene Dickinson FOR A SPECIAL PERMIT AND VARIANCES AT 3 CONNERS ROAD, SALEM page three Special Permit and Variances Granted March 20, 1991 '91 APR -3 P3 .OS CIT C! CE \ osepph C. Correnti, Secretary A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK I any, shall be made pursuant to Section 17 of Appeal from this decision, the Mass.General Laws. Chapter BOB-and shall be tiled within 20 days k. Chapter 808, Section 11,the of atter the date r tiling of this decision in the office of the Gty Clerof the Pur<uanl to Mass. General Caws, Clerk that 20 days have or 3r, �l Permit�ranled herein shall not fake effect until a cop � Learing the certification of the 'tyor t, if such appeal has been t ecision, eel has Leen filed, elapsed and no apP tiled, xed under the name or the owner of record os that it has been dismissed or denied is recorded in the South ssex Registry of Deeds and inde wDer's Certitiwto of TIU*4, Is recorded and noted On the o 7 C.lvt� (�'tu of �ttlem, j4Ea55 r1jusetts 1+ r �� - � _ peat '91 APR -3 P3 :08 DECISION ON THE PETITION OF CARROLL AND ARLENE DICKINSC®j7T1t) FFK'9 OFFICE VARIANCES AND SPECIAL PERMIT AT 3 CONNERS ROAD (R-1 ) SALH.i roc A hearing on this petition was held March 20, 1991 with the following Board Members present: Richard Bencal, Chairman; Joseph Correnti, Secretary; Richard Febonio, Mary Jane Stirgwolt and Associate Member Arthur 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. Petitioners, owners of the property, are requesting a Special Permit and Variance to allow the second floor to be expanded to create a second dwelling unit in this single family (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 non- conforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land, structures, and uses, provided, however, that such change, extension 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 Variances which have been requested may be granted upon a finding of the Board that: a. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or structures in the same district. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. c. Desirable relief may 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. 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 premises and building in question is a single family home in an R-1 zone. DECISION ON THE PETITION OF CARROLL AND ARLENE DICKINSON FOR A SPECIAL PERMIT AND VARIANCES AT 3 CONNERS ROAD, SALEM page two 2. That presently the petitioners occupy this single fam .cE rSn d propose to add a second floor apartment making the dwelling into nab garrison. n 3. That the petitioners have lived in the dwelling fol• oVe Pt� 4(Ji years. 4. That the petitioners which to expand the second few RcEfa"OMtE' son, his wife and their two children may live with them. $qLE;j +1 ,. 5. That the proposed expansion will add another two feet to the current nonconformity. 6. That the petitioners have shown a compelling financial and human need to be allowed this expansion. 7. All abutters of the premises were notified by mail of this petition before the Board. 8. That there was no opposition to the application. 9• That a petition in favor of the application was submitted with twelve (12) names, many of whom are direct abutters. 10. That a letter addressed to the Board was submitted by Ward 2 City Councillor Kevin Harvey, which letter was in strong support of the petition. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: 1 . The proposed changes will not be substantially more detrimental to the neighborhood and can be granted in harmony with the Zoning Ordinance and without nullifying or substantially derogating from it's intent or the public good. 2. Special conditions exist which especially affect the subject property but not the district in general. 3. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioner. Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Special Permit and Variances requested, subject to the following conditions: 1 . The petition be allowed as per plans and dimensions submitted. 2. The exterior finish be compatible with the existing structure. 3. That all necessary state and local permits and certificates be obtained, and that all applicable codes be adhered to, including, but not limited to building and fire permits and inspections. 4. That at least one unit of the dwelling remain owner occupied at all times and that a driveway be maintained for off-street parking. DECISION ON THE PETITION OF Carroll and Arlene Dickinson FOR A SPECIAL PERMIT AND VARIANCES AT 3 CONNERS ROAD, SALEM page three Special Permit and Variances Granted March 20, 1991 '91 RPR —3 P 3 W CIT A'LE"h'SOff CE ALE610 .^ osepth C. Correnti, Secretary A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK qp?sal from this decision, if any.shall be made pursuant to Section 17 of and shall be tiled wllnm C�keys the Mau.General Laws. Chaster gOg• section I I,the Variance atter the date of filin6 of this deciChnpter gOgffice ofthe City of the Pur<uant to A1ass. Genera4 Laws. Clerk that 20 days have or 9p axial Permit 7ranted herein shall not take effect until a cop decision, bearing the certification Of the City eal has been elapsed and no appeal has been tiled. or that.. If such asp filed, indexed under the name er the owner at record oG that it has been dlsmisseG or denied is recorded in [he South sse Registry of Deeds and i die owners Certificate of Tttlk, Is recorded aad noted on YF� 7 APPEAL CASE iiO. . . . . . . . . . . . . . . . . . . . . . . . ..FSA.--� _ ;aitu of 57161T� C�?SSa�t�liSE�f�a I ~ v 11 TO THE BOARD OF APPEALS: The Undersigned represent that they are the corers of a certain parcel of land located at NO.3 .Conne-s. Road. . . . . . . . . . . . . . . . .. . . . . . .. . . .J. . . .akxmk; Zoning District. R:1. . and said parcel As affected by Section(s) .v(A). .& v .(P. M . of the 1 Salem Zoning Ordinance. Plans describing the work proposed, have been sub=-itted. to the Inspector of Buildings in accordance with Section IX A. 1 of .the .Zoning Ordnance. Owners desire'to remodel second"floor of a single family dwelling in order to convert it . into a single 'family use. It is their intention to expand the second floor by two feet on each side as :shown'on the attached site plan, The second floor will be occupied by their son, his wife and two minor children, w v N C3 C) N -n .. r r r The Application for Permit was denied by the Inspector of Buildings for the following reasons Not applicable. this is a.direct appeal for a special permit and variance The Undersigned her eby'petitions. the`,Boa.rd of Appealsjto vary the terms of the Salem Zoning Ordinance as the enforcement of said Zoning By-Laws awould involve practical difficulty or unnecessary hardship to the Undersigned and relief nay be granted without substantially dero- gating from the intent and purpose of the Zoning Ordinance * for the following reasons: Owners.have owneit and resided on the remises since 1464 and have raised their p family thre:'• The area is built up andconsists of single and`°two family houses on similar sized lots. It is respectfully submitted that (1) the site is an appropriate location for.sueh.`structure >and use, C2) the two family use will not adversely affect the neighborhood and (31 there will be no nuisance or hazard to vehicles or pedestrians. oUj cn �cq U WW - - - UJ �� . Carroll F. Dickinson and Arlene L. Owner Dj� PM. . ... . . . . . . . . . . . . . . ... . . . . . . . . . . Address. 3 Connerq.4444& .SzL%e . . . . .. . . . . . . . . . . . Telephone. . . . . .. . . . . . . . . . . . .. . . . . . . . . . . . . . . . ` -` Petitioner.sam@•aS,above . . . . . . . Addr*ttey, . . . . . . . . . . . . . . . . . Date,k'e4r�axv `'2. J99. . Tele . . .. . . . . . . .. . . . . . . . . . . . . . By. . . . . . . . . . . . . . . . . . . . . . . . . Qorge P. Vallis Three copies of the application must be filed withof the Board of Appeals with a check, for; advertising in the amount of • • • • • • four weeks prior to the meeting o.f the Board of Appeals Check payable•to�The Evening dews. r O O 33C VJ d r 1 tri 1n =TT : .SNow n Aill Z Qo lP J R (' 2 $$ p �G� ZCO F r. EL.\/lRA C . Mtc-HAVD N \Yo- d R 1TA M• D6 5ANT%5 1- �- ELEANOR R. Tt2 r� �l�stoj0HN 2 ,JOSEPH P SUSA�s E \� C GO \� c MARY ANNE NOTA_ EPs � # � .• p CAR20LL. F aZ` ANNA R .TGPMANieNIc1iOL50N /r CoNNERY � J -IEro CONNERS ROAD � , ANNE M . EMMe if0 �K I DONALD A. SNE(LAA. LACHANCE TuE PAwLYK JOHN B . ANNA E LI\/MIG TRV$T FRAN< J.�LUCiLLE C.SOSNOWSK i SCALE I - 100 FT. t EXISTINCz SINGLE FAM1f Y DWEL LItVG • SECOND STORY TD BE REMODELED ANO EXPANOrcD Z F'r. OtvE/�.H S\CSE. 'SfcCOtJ S'T�FZY ISZ� gECAN1 /� SEPARA"TC- D�16L_L_IN6c UNIT. 46 Cb, _Y t. WJ/ J,tg' OJu �n 0, Ali .1 0i s 30 y K/ :/ �v wo o "0 1 BEA-66:-4 lz .4 N-93o T­8�- - Ir. A 4 '040 k, ai tu U '0 s 5�9 n, N 1 4 6. A"o 4 SS w 0) G) A ir3. 100 cv (a C) ()Cq IlJ 4�, N I mI ""A q C1 rn as tA 60 c A P (At cq A) (b I., U, L, Cv _/b 4 — 'a ro) wwwo A (q (b CAIIV -cv cF Ad7w O 4 o W ;°�' , ra 4�' �w 3e N L��j Np RO ° za v. QW_ W.v\ -Y m -0'6 A Y �01 — Sol. 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I TlF'lD EABUTTERS,",L 19 T' .. .... ... . . ..... 4 3 ...... ..... ........ . 4 SUBJECT PROPERTY: MAP. 36 LOT.- 03-12 SUES. I 0 —5 PROPERTY ADDRESS. 0003 CON14ERS ROAD 6 ASf:3FSF,FD OWNER F7SN CARPO( I P 7 ", . I ", I'll 9 -N .. ..... ...... E"L t 10 a2, a4 OWNW 12 T-,�8u AS6 �A 9 M- P �("O 'M A,f I�j dG. Rl 10 3 O14 il 36 0307 0052 O OSGOD STREET EmmETT M O ANNE 52 SGOOS D T ISO 12 SAI FM MA nil?71-1 7 13• Fr . 08, 14 01 v ...... . SAL, 'M" hrA6 0 16 R(--)Y SUZANNE SALEM PIA 0-1970 T2 o 0 -17 36 0310 0015 EAST COLLINS STREET BEOTE JOSEPH E JR 15 EAST COLLINS ST 73 P.Fi-)7F- STF-1 I A T RAI FM MA ci-i 97n F4 19 AST" J(')R"EPH' P' 'T -11 Pw" ,' ,, "1 ' - 11 , � � r ,1"%, . v�'z�H�"°�'E'�, 6 CPLL CAN Y'- c ...... ALElPYA`',01970' nfiQ�,; :c(,)N PRS�;R(,)AD CHANCE 'RONALD 'A .(7 a' RD - 21 22 SHEILA A SALEM MA 0-1970 0 - -1 0 23 36 0314 0007 CONNERS ROAD PALILYK LIVING TRUST' THE CONNERS ROAD to 3 24 PAWLYK TH(.jt,*IAS A 7R SALEM MA 019_7Q-' 3 25 -CONNERY 'ROBERT A '6�'c'(WNEP8 ,RD 3 6 1 3 00,1 3 V "L "Z...... ...T' EASY, 'COL'LINS� S 7 RE ET Nl;CHOLSON 'PETER R 1 ' '17 EAST' 28 STEPHANIE SALEM MA 01970 3 o 0 Tq 3 31 4 32 .. . . . . 4q4 0 33 34 5 0 — L6 0 35 L7 36 48 37 ... .... 4 5 $1 9 52 40 5 4-1 54 • — 55 42 5 43 'S I I I I I I 86' 6 14 9 454 1 1 46 61 �7 2 3 48 4 49 . ..... .... 5 so 51 .. ........... 9 53 — 71 54 2 'CAROW ..... PF'rER, 1731 r •56 A53 .... .... ... ...... . . C tv of "Ottlem, Cffiassurhuse#fE, ire Department Yeabquarters uonc 48 ?iafgcfte ,'&trert Joseph F. Sullivantt(em, tt. 01970 Chief City of Salem BE: 3 Conners Road Board of Appeal Carroll & Arlene Dickinson One Salem Green The Salem Fire Department has no objection to the granting of a Special Permit and variance to allow the second floor to be expanded and to convert to a two family dwelling at 3 Conners Road, subject to the following conditions: 1- This property has no compliance with the provisions of the Massachusetts General Laws, . Chapter 148, Section-HE, relative to the installation of automatic stroke detectors. 2- Plans for the proposed construction are presented to the Fire Prevention Bureau for approval prior to the issuance of a building permit. 3- The proposed construction shall conform to all applicable provisions of the Massachusetts State Building Code, 527CMR (Code of Massachusetts Regulations) , the Salem Fire Prevention Code, the Salem City Ordinances, and Massachusetts General Laws relative to fire safety. 4- The applicant shall arrange for an inspection by the Fire Prevention Bureau upon coirpletion of the work. 2/ ed, GJ Nbr P. LaPointe Fire Inspector cc: file J _ applicant Titg of ,` ttWem, 'fflrxssachusEtts (of fire of #Ee THU Tounril COUNCILLORS-AT-LARGE GEORGE A. NOWAK WARD COUNCILLORS 1991 PRESIDENT 1991 DONALD T.BATES JOSEPHINE RFUSCO GEORGE A.NOWAK R.GEORGE P.MCCABE KEVIN R.HARVEY JOHN R.NUTTING CITY CLERK VINCENT J.FURFARO RICHARD E.SWINIUCH LEONARD F.O'LEARY DAVID B.GAUDREAULT SARAH M.HAYES MARK E.BLAIR March 19, 1991 Mr . Richard Bencal, Chairman Board of Appeal One Salem Green Salem, MA 01970 . Dear Mr. Chairman & Members of the Board: I would like to go on record as being strongly in favor of the petition filed by Mr. & Mrs . Carroll Dickinson of 3 Connors Road for a variance to expand their existing second floor to include an apart- ment for their son and his family. It is important to point out some extraordinary circumstances that would encompass the hardship clause for the Dickinson' s petition. Mr. Guy Dickinson, the son, and his wife, would be living in the apartment with their two children, due to the sickness that has stricken their youngest child. This illness has become a very large financial strain on the couple and their family. It is my intention that the Board recognize their troubles and help rectify this problem by granting the variance. It has also come to my attention that the neighborhood has come to their assistance by overwhelmingly supporting their variance by signing a petition. In closing, I would greatly appreciate your strong consideration to the merits of this variance, and pass this petition forthwith. Very truly yours, 4rf1 J /:::�7� KEVIN R. HARVEY COUNCILLOR WARD T6Q0 KRH/deb µ a � z {YY�. A A x u :( � r Little Kyle Dickinson and his mom,Joanne,are all smiles In this scene. `Miracle -Baby" home at last A News Staff Report "They had done ultrasound and knew he only SALEM—Kyle Dickinson is a fighter who has weighed about a pound or a pound and a half. I overcome a lot of hurdles in his short life. had never heard of such a small baby living so I Born Jan. 26, 1988, more than three months .sort of made up my mind he wouldn't make it. premature,Kyle did not get to see his home until Later that night, when I woke up, they told me July 26,the day he turned 18 months old. that I had a boy and that he was still alive," Actually, it was a miracle that he got to come Joanne said. home at all. Kyle weighed only one pound, six Despite the poor odds, Kyle hung on in Boston ounces at birth,and even his mother,Joanne,had Floating Hospital's high risk care unit. slim hopes at first. "I went back to work to keep from going crazy. "My son, Guy, could fit him in the palm of his My husband and I visited Kyle every day.He had hand," his grandmother, Arlene Dickinson re- ups and downs and required a number of surge- membered,cradling Kyle's younger brother,six- ries, some involving more than one procedure at month-old Sean,in her lap. a time,' Joanne said. Finally, a year later, things started looking up "Everything went well until New Year's Eve," for Kyle.By last December the doctors had begun Joanne said. "We were supposed to go out with to discuss his going home. my husband's family but I didn't feel well so I It was then his parents learned he would have stayed home. I woke up feeling really bad and I to overcome the biggest hurdle of all. didn't have a good day from then until I delivered "Ile has never been bottle fed. He had a tube Kyle." from his nose to his stomach. When they did an At first,doctors could not find anything wrong abdominal X-ray, the radiologist found a spot on with Joanne, then her obstetrician discovered his liver. It turned out to be a cancerous tumor," she had a condition similar to Pre-Eclampsia Joanne said. In January, the day after his first (Toxemia of Pregnancy.) birthday,they had to operate. "It didn't take long for the doctors to deide to Good news finally came in April when, after take the baby—to save us both,"she rec more- a surgery,doctors found no recurrence of the Kyle was given only a 50-50 chance ofsu al. cancacer. - - b9ur.518I. PAGE 525 ,IONTSERRAT DEVELOPMENT CORP., and - _ corporadon duly established under the laws of the Commonwealth of Massachusetts, sett having its usual Place of business at Beverly, ,� Massachusetts, jot consideration Patd,•, „ gcaab.to CARROLL Fi'^DICKINSON and gIiLENE L. DICKINSON,.,husband and .� wife, as tenants by thi"b. irety, bothtt with�giitttlaWt. 1; of Salem,: in safd County'of Eesex at eituatgd o rkoF ��ConFe� Road ]a t tyby.yt,. the hod in said Salem, to with the buildings thereon, bounded 0, described,' ` as follows:- EDWIV6.sad mmmbnncer.U earl BEGINNING on Conners Road leading from East Collins Street at land now or late of Phippen; thence running .. - NORTHEASTERLY by said Phfppen's land, eighty-eight(BSI feet to land now or late of Lizzie L. Holt; thenceturning and running NORTHWESTERLY, forty-five (45)'feet to land now or late of John H. Holt; thence turning and running SOUTHWESTERLY by said land now or late of John H. Holt, ninety-three (93) feetto said Conners Road;thence turning and running,;, ' Road SOUTHEASTERLY;by said Conners Rad, fifty-five (55) feet to the Point begun at. Being the same.PTemlaea convexed to it by,deed of J0011': MoMp4us, r ith Base South District pxgigtry of Deeds, dated'April 26, 1946 and recorded w Dee Book 3461, Page 1: Said premises are conveyed'subject#o taxes aeseased_bY.said City of Salem for the year 1984 which have been apportioned as of the date:hereoi . , .. afYlxed ass. Exoise Stamps S E4 7--.- -- _Lftixed U, 6, ucus. Stamps 5-�i �T rid cancclled on back of thla instrument and, cancel on baobof tliie iastrnment $11 11Ii11tPII� mhrrruf, the 1.said •Montserrat Development Corp. has bused its Corporate seal to be hereto affixed and these presents to be signed, acknowledged and delivered in its name sad behalf by : Ralph 0- Smithson, Jr. r ,n President andlTre sure duly autbonzbd, this ' twerltythird f eas odc.drousand nine hundred and sixty-four?ti+1 .r da In the yof Jane $igffig, nd leafed is press cs of MONTSERRAT DEVEtAPME�YLrv�O X -1e s t.... • - eeidentandTr . .......".. aDllr f6sncraaatacultlE of i{iulmlluattu, I.. June 23; - 1984 Essex u' Then,personally a car d the above named Ralph 0. Smithson, Jr., President and ill' wled ed the foregoing ia3 Nmmt to be the free act and decd nE the MontaerratDe'aelbpment- Treasurer,,as aforgis and acL o 8 g g m n Corp., before me, I Bertram GYoveky, . �.rp c Ma 15, sy 8 . Mr m=inim"VIM Y Y107 .1 Essex as. Recorded June 23, 1964. •19 m. past 2 P M» _ Board of Appeals Petition A the undersigned , abutters and geuruy homeowners of 3 Uonners Hd. Salem wish to be recorded in favor of the granting of a special permit anA vari -nce sought by Uarroll and Arlene Dickinson, which hearing is to be held march 20, 1991 . The reason for the petitioning is to allow the second floor to be expanded and to convert to a two family dwelling. we are of the opinion that the granting of said Special permit will in no way be detrimental to the public good and will not derogate from the intent of the Zoning Urdinance . NAME ADDRESS i s r Aa 0 Tit-J of tilPitt, i:C$$liL li$Ett$ (Office of toe (fIty Touncil �� � fllitq fail cr`�'cumu�. COUNCILLORS-AT-LARGE GEORGE A. NOWAK WARD COUNCILLORS 1991 PRESIDENT 1991 DONALD T.BATES JOSEPHINE R. FUSCO GEORGE A.NOWAK MC GEORGE P. CABE KEVIN R HARVEY JOHN R.NUTTING CITY CLERK VINCENT J.FURFARO RICHARD E.SWINIUCH LEONARD F.OLEARY DAVID B.GAUDREAULT SARAH M.HAYES MARK E.BWR March 19 , 1991 Mr. Richard Bencal, Chairman Board of Appeal One Salem Green Salem, MA 01970 Dear Mr. Chairman & Members of the Board: I would like to go on record as being strongly in favor of the petition filed by Mr. & Mrs . Carroll Dickinson of 3 Connors Road for a variance to expand their existing second floor to include an apart- ment for their son and his family. It is important to point out some extraordinary circumstances that would encompass the hardship clause for the Dickinson' s petition. Mr. Guy Dickinson, the son, and his wife, would be living in the apartment with their two children, due to the sickness that has stricken their youngest child. This illness has become a very large financial strain on the couple and their family. It is my intention that the Board recognize their troubles and help rectify this problem by granting the variance. It has also come to my attention that the neighborhood has come to their assistance by overwhelmingly supporting their variance by signing a petition. In closing, I would greatly appreciate your strong consideration to the merits of this variance, and pass this petition forthwith. Very truly yours, KEVIN R. HARVEY COUNCILLOR WARD TS'd0 KRH/deb Ctu ofttlem, � ttchu5�f# �r0 � ire �eparfnuut �¢aayuarters uuM 48 ttfaVette *trert Joseph F. Sullivan 61em, 4Eiz. 01970 Chief City of Salem RE: 3 Conners Road Board of Appeal Carroll & Arlene Dickinson One Salem Green The Salem Fire Department has no objection to the granting of a Special Permit and Variance to allow the second floor to be expanded and to convert to a two family dwelling at 3 Conners Road, subject to the following conditions: 1- This property has no oonpliance with the provisions of the Massachusetts General Laws, Chapter 148, Section 26E, relative to the installation of automatic smoke detectors. 2- Plans for the proposed construction are presented to the Fire Prevention Bureau for approval prior to the issuance of a building permit. 3- The proposed construction shall conform to all applicable provisions of the Massachusetts State Building Code, 527CMR (Code of Massachusetts Regulations) , the Salem Fire Prevention Code, the Salem City Ordinances, and Massachusetts General Laws relative to fire safety. 4- The applicant shall arrange for an inspection by the Fire Prevention Bureau upon completion of the work, ed, Norman P. LaPointe Fire Inspector cc: file applicant 1CITY OF SALEM , CITY OF SALEM BOARD OF APPEAL BOARD OF APPEAL 795-9595 Ext. 381 Will hold Public hearing xt. 381 a Will hold a public hearing for all persons inter- Will in the petition submitted by Carroll and for all persons inter- ested in the petition submitted by Carroll and Arlene Dickinson for a special permit and variance Arlene Dickinson for a special permit and variance I to allow the second floor to be expanded and to to allow the second floor to be expanded and to convert to a two family dwelling at 3 Connors Rd. convert to a two family dwelling at 3 Connors Rd. (R-1). Said hearing to be held Wednesday, March (R-p. Said hearing to be held Wednesday, March 20, 1991 at 7:00 P.M.,One Salem Green,2nd Boor. 20, 1991 at 7:00 P.M.,One Salem Green,2nd floor. - RICHARD A. BENCAL, Chairman RICHARD A. BENCAL, Chairman March 6, 13, 1991 March 6, 13, 1991 CITY OF SALEM SALEM OF CITY BOARD OF APPEAL BO TY F 745-9595 Ext. 381 745-9595RD O APPEAL Ext. 381 Will hold a public hearing for all persons inter- Will hold a public hearing f'or all persons inter- ested in the petition submitted by Carroll and ested in the petition submitted by Carroll and Arlene Dickinson for a special permit and variance Arlene Dickinson for a special permit and variance to allow the second floor to be expanded and to to allow the second floor to be expanded and to convert to a two family dwelling at 3 Connors rch convert to a two family dwelling at 3 Connors Rd. (R-1). Said hearing to be held Wednesday, March y, IR-q. Said hearing to be held Wednesday, March 20, 1991 at 7:00 P.M.,One Salem Green,2nd floor. RICHARD A. BENGAL Chairman 20, 1991 at 7:00 P.M.,One Salem Green,2nd floor. M March 6, 13, 1991 RICHARD A. BENCAL, Chairman March 6, 13, 1991 CITY OF SALEM BOARD OF APPEAL" " 745-9595 Ext. 381 Will hold a public hearing for all persons inter- ested in the petition submitted by Carroll and Arlene Dickinson for a special permit and variance to allow the second Boor to be expanded and to convert to a two family dwelling at 3 Connors Rd. (R-1). Said hearing to be held Wednesday, March 20, 1991 at 7:00 P.M.,One Salem Green,2nd floor. RICHARD A. BENCAL, Chairman March 6, 13, 1991 APPEAL CASE NO. .. . . . . . . . . . . . . . . . . . . . . . c �t �it tI �57IL'ltT� � tS55C �t5P5 i,nr� uf'c'AP eel. TO THE BOARD OF APPEALS: The Undersigred represent that they are the odrers of a certain parcel of land located at ;1 � 0.3 .Con* . Road... . . . . . . . . . . . its eek;. . . . : .:. . . .:iksk; Zoning Oistrict. xrl. . . . . . . , . . . . . . . . . . and said parcel is affected by Section(5) N(M. & . .(p. M . of the inag&dN Salem zoning.:ordinance. Plans describing the work proposed, have been sub;aitted to the Inspector of Buildings in accordance with Section IX A. 1 of the Zoning Ordnance. Owners desire to remodel second floor of a single family dwelling in order to convert it into a single family use. 'It is their intention to expand the second floor by two feet on each side as shown on the attached`site'plan. The second floor will be occu eed their son, his wife and two minor children. _{ W ori rn n O M W }o n 9 The Application for Permit was- denied by the Inspector of Buildings for the following reasons: Not applicable this is a direct appeal for a special permit and variance etitions .the Board of A eals to vary the terms of the Salem The Undersigned hereb P Y..p F /. Zoning Ordinance as the enforcement of said Zoning By-Laws a:M K would involve practical difficulty or unnecessary hardship to the Undersigned and relief -may be granted without substantially dero- gating from the intent and purpose ,of;the Zoning Ordinance x� � for the following reasons: Owners.haye owned and resided on the premises since. 1964 and have raised their family thre. The area is built up and consists of single and`two family houses on similar sized lots'. It is respectfully submitted that (I) the site is an appropriate location for such structure and use, (2) the two family use will not adversely affect the neighborhood-and '(3).. herewill be no nuisance or hazard:to vehicles or pedestrians. p w v C:) rF N 0 M wLo - W J Q X ? Carroll F. Dickinson and Arlene L. F= Ownerpic] . . . . . . . . . . . . . . . .. . . . . . . . . . . . Address. 3. Conngr$.$4�$F .�a�.em . . . . . . . . . . . . . . Telephone. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . Petitioner.same.as •aboua . .. .. . . . . . . . . . . . . . . . Address Date:F0"143;x .?.$. �9.. . . . . Tele By. . . . . . . . . . . . . . . . . . . . . . . . . . . Thei t rney, George P. Vallis Three copies of tle application in be filed with t Secretary of the Board of Appeals with a check.., for. advertising. in the arount o • • • • • •• • • • four weeks prior to the meeting of the Board of Appeals Check payable to The Evening News. L - ., � r .. .h y !1'Y94.'� a}� t :1� r :�X ! 1 s,i .♦i..�,o . . , . . . . rr . - . �.�1 If ' t9 (• 1'^. - M �.6: �`�.(! � .': �fii..�\ rey M t rfl�S•"} :e;. ? r . • .. \u r 1..i,111{.i. L. .. . . a . . . ... . . Ol ,.k \?O Y14lAj 5.`LC ,r r, , sn O L J> _., ,. > ° ,.. � t , •. 'k,"�� �,4.^i.'�,,o(�,. j.e.(�r; rzr >.r'i:j t' il �"t p 1 (-. . 1 . tt A n� .a f '.rr•rr 1p 4✓r 4:f 4 .t . r+,w�i �(:n..4•.�kvv'S�: !, t.ii \ 'Yi; 1 I v v H kruti{r.. ra� k h , I =ti !r1 4 vEJa,::` i. •J )7, 1 - .!". (JCC t ( cc r r i.v � 1. ,:J(Afl7 nr. Sn 'r: C ' t ^I s d �:,5^ 1. 7. '•: ,JsTE .t,: I ?d \ , .i..L. T r Lj),, A. Q F _ ,c e w, z DECISION ON THE PETITION OF Carol and Arlene Dickinson FOR VARIANCES AT 3 Conners Road A hearing on this petition was held on March 20, 1991, with the following Board Members present : Chairman Richard Bencal, Richard Febonio, Arthur Labreque, Joseph Correnti, Jane Stirgwalt . Notice of the hearing was sent to abutters and others, and notices were properly published in the Salem, Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner is requesting variances from parking and to add a second floor apartment; in this R-1 zone. The variances requested may be granted upon a finding by this Board that : 1. Special conditions and circumstances46xist which especially affect the land, building or structure involved and which are not generally affecting other land, buildings and structures in the district . e 2 . Literal enforcement of the provisions of the zoning ordinance would involve substantial hardsfiip, financial or otherwise to the petitioner . 3 . Desirable relief may 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. The Board of Appeal, after careful consideration of the evidence presented at the hearing makes the following findings of fact : 1. That presently the petitioners occupy gle family cape and propose to add a second floor apartment making the dwelling into a Garrison; / 2 . That the petitioners have lived in the dwelling for �/ over forty years; !' 3 . That the petitioners wish to add the addition so that their son, his wife and their two children may live with them; G4 . That the petitioners have shown a compelling financial andhuman need to be allowed to build this addition; 5 . That there waopposition to the petition during the public portion of the hears g-.' v 6 . That a petitionX ith twelve signatures of neighbors and abutters was submitted i avor of this application; .,,/7 . That the Ward 2 -G,ity Councillor, Kevin Harvey, sent a letter addressed to the Boa%d, in strong support of the petition. On the basis of the above findings of fact and on the evidence presented at the hearing, the Board of Appeal concludes as follows : 1 . Special conditions exist which especially affect the subject property but not the district in general; 2 . Literal enforcement of the provisions ,of .the zoning ordinance would involve substantial hard-hi.n i-n the_,nPtitioner; 3 . Desirable relief may 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. Wherefore, the Zoning Board of Appeals voted 5-0, to allow the variances requested subject to the following conditions : 1 . That the petition be allowed as per plans and dimensions submitted. 2 . That the exterior finish be compatible with the existing structure. 3 . That all necessary state and local permits and certificates be obtained, and that all applicable codes be adhered to, including but not limited to building and fire permits and inspections . 4 . That at least one unit of the dwelling remain owner/occupied at all times and that a driveway be maintained for off-street parking . Board of Appeals Joseph C. Correnti, Secretary DECISION ON THE PETITION OF Carroll and Arlene Dickinson FOR SPECIAL PERMIT AT 3 Conners Road A hearing on this petition was held on March 20, 1991, with the following Board Members present : Richard Bencal, Chairman; Joseph Correnti , Arthur LaBrecque, Richard Febonio and Jane Stirgwalt . Notice of the hearing was sent to abutters and others and notices were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioners are requesting a Special Permit in order to allow construction of an addition in the side yard of this non-conforming structure. The provision of the Salem Zoning Ordinance which is applicable to this request 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 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 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 consideration of the evidence presented at the public hearing, makes the following findings of fact : 1 . The premises and building in question is a residential Ohome in an R-1 zone. fthis 2 . All abutters of the premises were notified by mail of petition before the Board3 . That the proposed will add another two feet to current non-conformity �csnyad. e4 . That a petition in favor of the application was mitted with twelve names, many of whom are direct abutters . 5 That there was no opposition to the application. 6 . That the propo d addition was to add a second floor apartment to the existin structure, and that a compelling need was shown by the petitioner or this addition. 7 . That a letter addressed to the Board was submitted by Ward 2 City Councillor Kevin Harvey, which letter was in strong support of the petition. On the basis of the above findings of fact, and of the evidence presentedrat the hearing, the Board of Appeal concludes as follows : 1 . The proposed changes will not be substantially more detrimental to the neighborhood than the existing non-conforming use and can be granted in harmony with the Zoning ordinance and without derogating from its intent or the public good. Therefore the Board of Appeal voted 5-0 to allow the Special Permit requested subject to the following conditions : 1. That the petition be allowed as per plans and dimensions submitted. 2 . That the exterior finish be compatible with the existing structure. 3 . That all necessary state and local permits and certificates be obtained, and that all applicable codes be adhered to, including but not limited to building and fire permits and inspections . 4 . That at least one unit of the dwelling remain owner/occupied at all times and that a driveway be maintained for off-street parking. Board of Appeals Joseph C. Correnti , Secretary March 20, 1991 VARIANCE= PLAN C4RROLL- F �ARLENE L . DICKINSON EI-NIRA C . 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