30 PRESCOTT STREET - BUILDING INSPECTION 30 PRESCOTT STREET
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No. 153L-2
HASTINGS. MN
'LOS ANGELES-CHICAGO-LOGAN.ON
MCGREGOR,TX-LOCUST GROVE.GA
U.S.A.
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DECISION ON THE PETITION-OF—JOHN�&-DIANNE DONAHUE FOR
A SPECIAL PERMIT AT30 PRESCOTT ST. (R42)
A hearing on this petition was held November 11 , 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 increase
the already nonconforming side setback requirements to allow deck and stairs.
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 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.
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 . There was no opposition.
2. Granting the Special Permit requested would allow for the removal of
existing stairs and porch and to replace them with new stairs and porch
to allow better accessibility to newly remodeled kitchen.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . The granting of the Special Permit requested would enhance the quality
of life for the petitioners.
2. The relief requested can be granted without substantial detriment to the
neighborhood and it will promote the public health, safety, convenience
and welfare of the City inhabitants.
DECISION ON THE PETITION OF JOHN & DIANNE DONAHUE FOR A
SPECIAL PERMIT AT 30 PRESCOTT ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Special Permit requested, subject to the following conditions:
1 . All construction conform to City and State Building Codes.
2. All work be done as per the plans and dimensions submitted.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety be strictly adhered to.
4. A legal building permit be obtained from the City of Salem Building
Inspector.
SPECIAL PERMIT GRANTED
November 7, 1990
Richard T. Febonio, Member 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 Section 17 of
the Mass.General Laws, Chapter 808, and shall ba filed within 20 days
aster the date of filing of this decision in the office of the City CI_rk.
Pursuant to Mass. General Laws, Ch.r?tar(tcs, section 11, the variance
C: :°[^:i::! Permit granted herein shCll net take effect until a copy of the
b,;^ring the certification of the r;ty Clerk that 20 days have
._ ;^i an-I no appeal has been filed, or that. if such appcel has been
inat 'r: i, hecn dismissed or denied is record^_rt in the Couth Essex
Registry of Deeds and indexed under the.name or tiie owner of record or
is recorded and noted an the owner's Certificate of Titla.
BOARD OF APPEAL