13 LINCOLN ROAD - BUILDING INSPECTION 13 T.TNCOLN ROAD
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Citn of SaIrm assurhuspi acus _
'Sattrb of �krpettl _
DECISION ON 1HE PEIITICE OF WILLIAM-AM NANCY ROWE FOR A SPECIAL
PERMIT AT i3 LIlVCCIN ROAD(R-1 )
A hearing on this petition was held June 6, 1989 with the following Board Members
present: James Fleming, Chairman; Messrs. , Febonio, Dore and 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 to allow
for the construction of an addition to their single family dwelling at 13 Lincoln
Road. The locus is in an 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
change, extension, expansion or enlargement 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 and
after viewing the plans, makes the following findings of fact:
1 . There was no opposition to the petition. Several neighbors
sent letters indicating their support.
2. The addition is in harmony with the existing neighborhood.
On the basis of the above findings of fact, and on the evidence 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 will promote the public health, safety,
convenience and welfare of the City's inhabitants and will be in harmony
with the neighborhood.
DECISION ON THE PETITION OF WILLIAM AND NANCY ROWE FOR A SPECIAL
PERMIT AT 13 LINCOLN RD. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the
Special Permit as requested, subject to the following conditions:
I . All construction be done as per the plans and dimensions submitted
to the Board of Appeal.
2. That the petitioners adhere to the all the requirements of the Salem
Fire Department relative to fire safety.
3. All construction be in conformity to the requirements of the Massachusetts
State Building Code, and that the petitioners obtain a building permit and
a Certificate of Occupancy.
4, The exterior of addition be in harmony with the exterior of the existing
dwelling.
GRANTED �\
James M. Fleming, Esq. , C rman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPeal from this decision, it any, shall be made ou�suant to Section 17 of
the Mass. General Laws, Chapter 803, and shall be filed within 20 days
after the date of filing of this decision in the office of the city Clerk.
Pursuant to Mass. General Lays, Ch I: e, 508. S•:ctinn 11. the variance
r,r Special Permit grantor herein sh:.J .:at take effect until a copy of the
decision, bearing the cartification of file City Clerk that 20 days have
tl3pled and no appeal has been filed, cr 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 rime or the owner of record or
is recorded and noted on the owner's Certificate of Title.
BOARD OF APPEAL