7 LOCUST STREET - BUILDING JACKET 7 LOCUST STREET
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DECISION ON THE PETITION OF LIBERO=CIMINI
FOR A SPECIAL PERMIT AT],LOCUST" ST.' (R-1) H' cn
A hearing on this petition was held November 20, 1991 with the
following Board Members present: Richard Bencal, Chairman;
Richard Febonio, Edward Luzinski, Mary Jane Stirgwolt. and
Associate Member Ronald Plante. 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 construction of a 10 ft.x 20 ft. wooden deck. The
property is located in an R-1 district.
The provision of the Salem Zoning Ordinance which is applicable to
this request for a Special Permit is Section 5-3(j ) , 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 Sections 8-6 and 9-4, 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 a 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. No opposition was submitted or voiced at the hearing to the
plan.
2. Petitioner has lived in this property for over 31 years.
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DECISION ON THE PETITION OF LIBERO CIMINO FOR A SPECIAL PERMIT AT
7 LOCUST STREET, SALEM
page two
3. The proposed addition will add to the enjoyment and welfare of
the inhabitants.
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 granting of the Special Permit will requested will not be
substantially detrimental to the public good and will not nullify
or substantially derogate from the intent of the district or the
purpose of the Ordinance.
2. The Special Permit requested can be granted in harmony with
the district and will promote the public health, safety,
convenience and welfare 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:
1. The petitioner shall comply with all city and state statutes,
ordinances, codes and regulations.
2. All requirements of the City of Salem Fire Prevention Bureau
relative to smoke and fire safety shall be strictly adhered to.
3. All construction shall be done as per the plans and dimensions
submitted.
4. All construction is to be done with a legal building permit
SPECIAL PERMIT GRANTED
November 20, 1991
d
IchardBencal,Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND=
THE CITY CLERK
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DECISION ON THE PETITION OF LIBERO CIMINO FOR A SPECIAL PERMIT
AT 7 LOCUST STREET, SALEM
page three
Appeal from this decision, if any, shall be made pursuant to
Section 17 of MGL Chapter 40A and shall be filed withing 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 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 or the owner of record or is recorded and
noted on the owner's Certificate of Title.
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