12 LOONEY AVENUE - BUILDING INSPECTION 12 LOONEY AVENUE
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DECISION ON THE PETITION„OF_RAYMOND & MARY SHEA FOR A
SPECIAL PERMIT FORs.� L00NEY AVE. (R-1 )
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A hearing on this petition was held May 16, 1990 with the following Board
Members present: Richard A. Bencal, Chairman; Joseph Correnti, Richard Febonio,
Edward Luzinski and Mary Jane Stirgwolt. 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
an existing attached shed on the side of the property which 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 VI 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, , enlargement or expansion shall not be substantially more
detrimental than the existing nonconforming use to the neighborhood.
Ih 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 at
the hearing, and after viewing the plans, makes the following findings of fact:
1 . The house was built in 1961 with a valid building permit.
2. The small shed was built in 1963 by the same contractor without a building
permit.
3. The possible zoning violation was discovered in a recent title search.
4. Photographs indicate that the construction of the shed was in harmony
with the house and it is barely visible from the street.
5. Several letters in support of the petition were read into the record.
6. No opposition to the plan was expressed.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
DECISION ON THE PETITION OF RAYMOND AND MARY SHEA FOR A
SPECIAL PERMIT AT 12 LOONEY AVE. , SALEM
page two
1 . The Special Permit requested can be granted without substantial detriment
tc the public good and without nullifying or substantially derogating from
the intent of the district or the purpose of the Ordinance.
Therefore, the 'Loning .Board of Appeal voted unanimously, 5-0, to grant the
Special Permit requested, subject to the following conditions:
1 . All requirements of the Salem Fire Department relative to fire safety,
be strictly adhered to.
2. All eimensions be as per plans submitted.
SPECIAL PERMIT GRANTED
Mary JafRtirgwolt, Me r, 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 Sectfotl 17 Ila
the Mass. General taws, Chapter 808, and shall be filed within 20 dayrr
after the date of filing of this decision in the office of the City Clerko
Pursuant to Mass. Gcner,: laws, (a: "er 808, Section 11, the variance
or !pecial Permit pra n'e I ::` , ,ot take effect until a copy of the
decision, bearin.e the cerCLr:!:si ci !lie City Clerk that 20 days have
elapsed and no apPenl has Poen. ::Ied, or that, if such appeal has been
filed, that it has been disco s-.&4 or denied is recorded in the South Essex
Registry of Deed^, and indexed under the name or the owner of record oe
11 Aeorded and noted h the owner's Certificate of Title.
BOARD OF APPEAO