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DECISION ON THE PETITION OF RAYMOND J. LANDRY FOR A
SPECIAL PERMIT FOR,,,8 LOCUST ST. (R7 1 )
A hearing on this petition was held on August 20, 1986 with the following Board
Members present: Edward Luzinski, Vice Chairman; Richard Bencal, Secretary, Member
Strout and Associate Member Dore. 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.
The petitioner, owner of the property, requests a Special Permit to extend noncon-
forming side and rear setbacks to allow construction of an addition in this R-1 zone.
The provision of the Salem Zoning Ordinance which is applicableto this request
for a Special Permit is Section V B 10, which provides as follows:
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Notwithstandi::g 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 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 consideration of the evidence presented at the public
hearing, makes the following findings of fact:
1 . Support for the plan in the form of a petition signed by
neighbors, abutters and others was presented;
2. Opposition to the plan was voiced by an abutter;
3. A stockade fence separates the petitioners property from the
opposing abutter;
4. The proposed addition will help to alleviate problems stated
by the abutter.
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 addition will not be substantially more detrimental
to.the neighborhood;
2. The proposed addition will promote the convenience and welfare of
the City's inhabitants.
DECISION ON THE PETITION OF RAYMOND J. LANDRY FOR
A SPECIAL PERMIT FOR 8 LOCUST ST. , SALEM
page two.
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the Special
Permit to extend nonconforming rear and side setbacks to allow construction of an
addition, subject to the following conditions:
1 . The addition is to be approximately 413" x 12' and is to be
used as a family room;
2. A legal Building Permit is to be obtained;
3. Must be done in accordance with plans submitted.
SPECIAL PERMIT GRANTED
Richard A. Benca]., 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 VADE PUM"NT TO SECTION 17 OF.T!iE V'SS.
GEGEBAI LAl4S. CHAPTER 808. f:r S-'1-'_L BE FILED 'WITHIN 20 DAYS AFTER THE DATE OF F Li'!G
OF THIS DECiSiC` Ii; THE CF THE CITY CURX.
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