7 MILK STREET - BUILDING INSPECTION 7 MILK STREET
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DECISION ON THE PETITION-OF_CHRISTOPHER COLLINS FOR A SPECIAL
PERMIT FOR 19 ANDREWO MILK STREETS (R-2)
A hearing on this petition was held January 27, 1988 with the following Board
Members present: James Hacker, Chairman; Richard Bencal, Secretary; Messrs. ,
Fleming, Luzinski and Strout. 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 seeking a Special Permit to extend a noncon-
forming side setback to allow relocation of a second means of egress in this
R-2 zone.
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 noncon-
forming structures, and for changes, enlargement, extension or expansion of nonconform-
ing 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 neighbhorhood.
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 at the
hearing, makes the following findings of fact:
1 . One neighbor sent a letter of opposition;
2. Many neighbors, abutters and others appeared in favor;
3. The plan for the relocation of the second means of egress will
be better for the safety 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 relief requested can be granted without creating a substantial
detriment to the public good and without substantially derogating from or
nullifying the intent or purpose of the Ordinance;
2. The relief requested will promote the welfare and safety of the
City's inhabitants.
DECISION ON THE PETITION OF CHRISTOPHER COLLINS FOR A SPECIAL PERMIT
AT 19 ANDREW/7 MILK STREETS, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
relief requested, subject to the following conditions:
1 . All requirements of the Salem Fire Dept. relative to smoke and
fire safety be adhered to;
2. All construction be done as per the plans submitted;
3. All construction be done as per all existing City and State
Building Codes;
4. All exterior finishes must conform to existing finishes.
GRANTED
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hard A. Bencal, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
PEQ FR3:1 THIS DECISION. ' ANY. SHALL BE MADE PURSUANT TO SECTION 17 OF THE MA-3.
__::_FA;- LAAS. CHAPTER SCB, AND SHALL BF FILED P/;7HI9 20 DHSS AFTER 1HE CATE OF FILING
d THIS DE-'!STN I': ,THE OFF::' OF THE CITY CLERK.
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BOARD OF APPEAL