7 MOULTON AVENUE - ZBA --
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DECISION ON THE PETITION OF MICHAEL LEBLANC REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 7 MOULTON AVENUE R-1
A hearing on this petition was held February 16, 2000 with the following Board Members
present: Nina Cohen, Chairman, Stephen Buczko, Michael Ward, and Stephen Harris.
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 requests a Special Permit to allow a 3'd floor dwelling level in an R-1 district for
extra bedrooms for the property located at 7 Moulton Avenue.
The provision of the Salem Zoning Ordinance which is applicable to this request for a
Special Permit is section 5-3 0), 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 of 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.
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
stuctures 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, and
after viewing the plans, makes the following findings of fact:
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DECISION ON THE PETITION OF MICHAEL LEBLANC REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 7 MOULTON AVENUE R-1
page two
1. The petitioner, represented by Michael Terry of 19 Becket Street, requested a
Special Permit to raise the rear roof and expand the third-floor living space of his
nonconforming single family residence. Petitioner stated that the expanded living
space would be used as art of the existing single family home.
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2. Petitioner submitted plans showing the expanded roofline at the rear of the
dwelling. Due to a miscommunication between the owner and Mr. Terry, the
contractor, the work was done before a building permit was received. Thus the
Board viewed plans for work that was already completed.
3. Five neighbors of Moulton Street signed a petition in support of the Special Permit
requested.
4. There was no opposition to 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. Literal enforcement of the provisions of the ordinance would involve substantial
hardship on the petitioner.
2. The relief 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.
3. The Special Permit granted can be granted in harmony with the neighborhood and
will promote the public health, safety, convenience and welfare of the City's
inhabitants.
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the relief
requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statues, codes ordinances and
regulations.
2. All construction shall be done per the plans and dimensions submitted and approved
by the Zoning Enforcement Officer.
3. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to. r1) o
4. Petitioner shall obtain a building permit prior to beginning any construction. m
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5. Exterior finished of the new construction shall be in harmony with the existing
construction.
t DECISION OF THE PETITION OF MICHAEL LEBLANC REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 7 MOULTON AVENUE
page three
6. A Certificate of Occupancy shall be obtained.
Special Permit Granted
February 16, 2000 CSC�j
Nina Cohen, Chairman
Board of Appeal
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 Variance or Special
Permit granted herein shall not take effect until a copy of the decision, bearing the
certification of the City Clerk that the 20 days have elapsed and no appeal has been
filed, or that, if such appeal has been filed, that is 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.
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In reference to the special permit request by the Leblanc's for a third floor
dwelling level for extra bedrooms at the address of TMoutlon Ave. We are
aware of the permit request and have no objections to it.
Name Address