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CITY OF SALEM v{
BOARD OF APPEAL 1
978-7459595 Ext.361
Will hold a public hearing for all Ic
persons interested in the petition sub y
milled by,PEDRO JIMENEZ seeking a ,s>
modification of the previously granted ri
Special Permit to allow additional e
roofed area over decks for the proper-
ty,located at 54 Lawrence Street R-2 ti
Said hearing will be held on Wednes-
day,August 16,2006 at 6:30 P.M.,120
Washington Street, 3rd floor, Room c
313. It
' Nina Cohen,Chairman i
SN—6/2,6/9/06 t
f .J
oNNIN CITY OF SALEM, MASSACHUSETT/jS
BOARD OF APPEAL Ct�UF S
120 WASHINGTON STREET, 3RD FLOOR `'r�i 5 OF
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SALEM, MASSACHUSETTS 01 970 F�C Mq
TELEPHONE: 978-745-9595 - l
o� FAX: 978-740-9846 jpp6 NOy `
,.KIMBERLEY DRISCOLL
MAYOR 8 A
November 6, 2006
Decision
Petition of Pedro Jimenez requesting an Amendment of the previously
granted Special Permit for the property at 54 Lawrence Street
City of Salem Zoning Board of Appeals
A public hearing on the above petition was opened on August 16, 2006 pursuant to
Massachusetts General Law Ch. 40A, Sec. 11, and continued to September 20, 2006. The
following Zoning Board members were present: Bonnie Belair, Steven Pinto, Annie
Hams,Elizabeth Debski, Robin Stein.
The petitioner,Pedro Jimenez, sought to Amend to a previously granted special permit to
allow an additional roofed area over decks for the property located at 54 Lawrence Street
Street, Salem, in the Two-Family Residential (R-2) zoning district.
The Board of Appeals, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the Petition submitted, makes the following
findings of fact:
1. The property at 54 Lawrence Street is within the R-2 zoning district.
2. The plans submitted and approved by the Zoning Board were different from
the as-built plans submitted to the Building Inspector.
3. The roofing area was increased by approximately thirty-six (36) sq. ft.
4. At the first public hearing on August 16, 2006,David Maurice of 24
Cloutman Street spoke against the requested amendment to the original
Special Permit.
5. At the continued public hearing on September 20, 2006, the Petitioner
presented a written agreement between himself and his neighbors regarding
the project.
6. Ward Three City Councilor Jean Pelletier spoke against of the petition at the
public hearing of August 16, 2006.
,J
On the basis of the above findings of fact, including all evidence presented at the public
hearing, including, but not limited to, the Petition the Zoning Board of Appeals concludes
as follows:
1. The petitioner's request to amend the previously granted Special Permit does
not constitute a substantial detriment to the public good.
2. The requested relief does not nullify or substantially derogate from the intent
or purpose of the zoning ordinance.
3. A literal enforcement of the zoning ordinance would create a substantial
hardship to the petitioner.
4. In permitting such change, the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor(Stein,
Belair,Pinto, Debski, Harris) and none (0) opposed, to grant the request to amend the
Special Permit, subject to the following terms, conditions, and safeguards:
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. All requirements of the Salem Fire Department relative to smoke and fire
safety shall be strictly adhered to.
3. Exterior finishes of the new construction shall be in harmony with the existing
structure.
4. A Certificate of Inspection is to be obtained.
5. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to,the Planning Board.
6. The Building Department must find that all As-Built plans are permissible and
the stairs as built are acceptable.
Robin Stein
Salem Zoning Board of Appeals
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 the Massachusetts General Laws
Chapter 40A,and shall be filed within 20 days of filing of this decision in the office of the City Clerk.
Pursuant to the Massachusetts General Laws Chapter 40A,Section 11,the Variance or Special Permit
granted herein shall not take effect until a copy of the decision bearing the certificate 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 and 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.
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