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87 MASON STREET - BUILDING INSPECTION �} e�� `fie (situ oftziem, � ttssttcl�usetts 'Boarb of (Appeal r �Ni.DiryoY L'. Ln j.. L7 �� DECISION ON THE PETITION OF SANTO, COLLLORONE FOR A SPECIAL PERMIT AtR MASON_ST 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 an addition. Said addition will extend an already nonconforming side setback. The property is located in an R-2 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 r 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. The proposed addition will not be substantially more detrimental than the existing nonconformity. DECISION ON THE PETITION OF SANTO COLLORONE FOR A SPECIAL PERMIT AT 87 MASON STREET, SALEM page two o 2. The concerns of the abutters will be met. ' 3. The proposed addition will add to the enjoyment and welfare of a the inhabitants. �d ro On the basis of the above findings of fact, and on the evidence ; presented at the hearing, the Board of Appeal concludes as N _ 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. 3. The concerns of the direct abutters have been met and will be complied with through the conditions that follow. 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. 5. Petitioner shall obtain a Certificate of Occupancy for the addition. 6. Exterior finishes shall be the same on the new addition as on the existing structure. 7. All conditions, as amended, submitted to the Board and listed below shall be complied with. a. The existing retaining wall to be inspected by the Building Inspector for strength and integrity. This wall abuts 85 Mason St. and about 28 feet in length and about 2 feet high. If DECISION ON THE PETITION OF SANTO COLLORONE FOR A SPECIAL PERMIT AT 87 MASON STREET, SALEM page three the wall fails strength and integrity requirements, the wall is to be replaced. b. A new retaining wall to be constructed abutting existing retaining wall at 85 Mason St. to property line of 87 Flint St. and 1 Oak St. This wall is to be about 14 ft. in length. c. A 6 ft. stockade fence to be placed on top and secured to the entire length of the retaining wall(s) (approx. 42 ft. ) . The front of fence (picket side) is to be facing 85 Mason St. and 87 Flint St. Fence to be of high quality. d. All plans for construction of addition, retaining wall(s) and fence to be approved by Building Inspector prior to construction. e. All cost of construction, including retaining wall(s) and fence to be paid for by the applicant for the Special Permit, except that one half of the cost for the stockade fence abutting 87 Flint St. shall be borne by the owner of 87 Mason St. SPECIAL PERMIT GRANTED November 20, 1991 Richard A. Bencal,Chairman 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 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. - cr w — s.