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•����/11146�4Y CITY CLERK.SA;.L P. HAS S.
DECISION ON THE PETITION OF JOSEPH L. JONES FOR A
SPECIAL PERMIT AT 11-13 OLIVER ST. (R-2)
A hearing on this petition was held October 28, 1987 with the following Board
Members present: James Hacker, Chairman; Messrs. , Fleming,Strout and Associate
Members Dore and LaBrecque. 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 of the property, is requesting a Special Permit to
extend a nonconforming structure by adding a room on the first floor. 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 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 SpecialPermits for alterations and reconstruction of noncon-
forming structures, and for changes, enlargement, extension or expansion of non-
conforming 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 Baord 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 . Opposition was expressed by an abutter due to increased density,
concern about a change in the dwellings character and an unacceptable view;
2. Petitioner agree to provide trees or shrubs adjacent to the addition to
insure privacy and improve the view;
3. The proposed addition would not increase the number of bedrooms in
the dwelling.
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 be in harmony with the neighborhood and
will promote the convenience and welfare of the City's inhabitants.
2. The relief requested can be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
4ntent of the district or the purpose of the Ordinance.
DECISION ON THE PETITION OF JOSEPH L. JONES FOR A SPECIAL PERMIT
AT 11-13 OLIVER ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted four to one (Mr. Dore voted in opposition
to grant the Special Permit requested, subject to the following conditions:
1 . Construction be in accordance with the plans submitted to the Board.
2. Exterior finish of the addition must conform to the exterior of the
existing building;
3. Suitable plantings must be added to the side of the addition facing
15 Oliver Street;
4. Construction must meet the requirements fo the Mass. Building Code.
5. All the requirements of the Salem Fire Department must be met.
SPECIAL PERMIT GRANTED
Peter Dore, Acting Sectretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FRO'A THIS DECISION. IF ANY. SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LA'V."S. CHAPTER 808, AND SHALL BE FILED tVITHIN 20 DAYS AFTER THE DATE OF FILING
6F THIS DECISION IN THE OFFICE OF THE CITY CLERK.
TO Lf?SS. GENERAL LAY:S. CHAPTER 808, SECTION 11, THE VARIANCE OR SPECIAL PERMIT
cAGiIE HEREIN. SHALL N07. TA:(E EFFECT UNTIL A COPY OF THE DEC1810;i. EEC.?IN,' THE CERT
F:'1 T:i''t CF THE CITY CLER:X THAT 2 DAYS HAVE ELAPSED AN NO APPEAL Hi,S 2-EN FILED.
2i'. TH IF SO_:i A;: APPEA'_ HAS BEEN ELE. 7H ST IT H:,S BEEN DIS'J:SSED OR L`EiJ ED IS
RECLRDED II'; THE SOUTH ESSEX REGISTR'i OF DEEDS AND INDEXED UNDER THE NA;.:E OF THE OWNER
OF RECORD OR IS RECORDED AND NOTED ON THE DINNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL