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DECISION ON THE PETITION OF STANLEY SMITH FOR A SPECIAL
PERMIT AT 4—PICKERING STREET 5:12)
A hearing on this petition was held June 14, 1989 and continued until July 5,
1989 with the following Board Members present: James Fleming, Chairman; Messrs. ,
Bencal, Febonio, Luzinski and Nutting. 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 extend a
nonconforming stucture by enlarging and enclosing an existing screen porch in
order to create a family room in this R-2 district.
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 non-
conforming structures, and for changes, enlargement, extension or expansion of
nonconforming 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 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 careful consideration of the evidence presented at the
hearing and after viewing the plans, makes the following findings of fact:
1 . One neighbor spoke in favor.
2. No one appeared in opposition.
3. This is the most feasible location for the addition.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . The proposed addition will be in harmony with the neighborhood and will
promote the public health, safety, 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
intend of the district of the purpose of the Ordinance.
SSii9 ';1:31iS ' �iJIJ Alli
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DECISION ON THE PETITION OF STANLEY SMITH FOR A SPECIAL
PERMIT AT 4 PICKERING STREET, 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 construction be done in accordance with allow City and State Building
Codes and with a legal building permit.
2. All construction and dimensions be in accordance with the plans submitted
to the Board of Appeal July5, 1989•
3. All requirements of the Salem Fire Department relative to smoke and
fire safety be strictly adhered to.
4. Exterior finishes be in harmony with the existing building.
5. A Certificate of Appropriateness be obtained from the Salem
Historic Commission.
GRANTED G1
60ohn R. Nut 1 g, Secrptary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
A' r.;.l f,cm ,,,i- rlcci,.;,,n if any, shill be made rVr$Uant to Section 17 of
t::e i•}lss. P?nrB'al Laws. C:"Ptar S0„ and shnl! be Wed within 20 days
aft=r'i;a c_te of h,:m; of t..s decision in tha office of :he City Cierk.
Pursaa r r t0 i,'c-,. G.:;era! La.,<• Cha •,r 30?, Sec+.rn 11, the 'Vari=nce
cr f r.�ldl Fern?,f;rcr:en h.,ehr wall :.,; fake efiact urYl a [a
py of the
cartlf:ca Oc: or ;he City Clerk that 20 days hr,
e.'ewc_d and nn arreol has loan filyd, or that, its such appe-'l 1135 teen
f;cd, ihct it ,,-a Leen dsnlssed or ci-,nied is recorded in the South Essex
RcCi_r)•of Deed; :ond indexed under the name or the owner of record or
Is rccordcd and noted on the o'::n Ir'5 CJ,"ificate of Titie.
BOARD OF APPEAL