37-39 PROCTOR STREET - BUILDING INSPECTION 37-39 PROCTOR STREET
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i3ublic Propertp Mepartment
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William H. Munroe
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
July 11 , 1989
Mr. James McDonald
X37=39-Proctor Streets
Safer;—,MA 01970
RE: Building Permit # 301-89
Dear Mr. McDonald,
In accordance with your recent request , I made a site visit on the
afternoon of July 10, 1989 for the purpose of inspecting your existing
deck. Please correct the following items and call for a re-inspection
when complete.
1 . Handrails are needed along the stairs.
2. Handrails and guard rails should have spacing no larger than six
inches. This also applies to existing railings around the deck.
3. It appears that the support posts are either covered with or
buried in earth. Posts should be sitting on a concrete footing
that extends 48" below grade.
If I can be of further assistance, please do not hesitate to call.
Sincerely,
Stephen W. Santry
SWS/eaf
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4 Jet 12 3 04 '89
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FILE
Boar 1 Df .Appeal �I7Y CL[RK. a i'-:. b1ASS.
DECISION_ON THE-PET-ITION-OF-JAMES MCDONALD FOR A SPECIAL
PERMIT�AT 37_39 PROC_T_OR-S-T-.—(_R-2)
A hearing on this petition was held May 31 , 1989 with the following Board Members
present: James Fleming, Chairman; Richard Bencal , Vice Chairman; Edward Luzinski
and Associate Member Arthur 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.
Petitioner, ownei of the property, fequetts a Special Permit to allow a previously
constructed deck 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 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 detri-
mental than the existing nonconforming use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests,
guiding by the rule that a Special Permit request may be granted upon a finding
of 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 to the petitioner's plan.
2. Councillor O'Leary spoke in favor.
3. The is the most feasible location for the deck.
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 substantial detriment to the
public good and without nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
2. The proposed addition will promote the public health, safety, convenience
and welfare of the City's inhabitants.
DECISION ON THE PETITION OF JAMES MCDONALD FOR A SPECIAL PERMIT
FOR 37-39 PROCTOR ST. . SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the
relief requested, subject to the following conditions :
1 . Size of the existing deck as shown on the plans submitted shall not
be enlarged at this time.
2. Petitioner obtain a legal building permit for the deck .
3. Petitioner comply with all requirements of the Salem Fire Department.
SPECIAL PERMIT GRANTED
-T4chard A. bencal , Vice 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 the Mass.
General Laws, Chapter 808. and shall be filed within 20 days after the date of filing
of this deciison in the office of the City Clerk.
Pursuant to Mass. General Laws, Chapter 808, Section 11, the Variance or Special Permit
granted herein shall not take effect until a copy of the decision, bearing the certi-
fication of the City Clerk that 20 days have elapsed and no appeal has been filed,
or that, if such an appeal has been filed, that it has been dismissed or denied is
recorded in the South Essex Registry of Deeds and indexed under the nave of the
owner of record or is recorded and noted on the owner's Certificate of Title.
Board of Appeal
Jug I1 3 04 PA tog
�.I '�,-;=•. °. ' C FILE'#;
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Pnara of cAv}rPal
CITY CLERK. 5A. is <. b1ASS.
DECISION ON THE PETITION_OF JAMES MCDONALD FOR A SPECIAL
PERMIT ATU�7-39 PROCTGR ST—(R-2)
A hearing on this petition was held May 31 , 1989 with the following Board Members
present: James Fleming, Chairman; Richard Bencal , Vice Chairman; Edward Luzinski
and Associate Member Arthur 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.
Petitioner, owner of the property, requests a Special Permit to allow a previously
constructed deck 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 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 detri-
mental than the existing nonconforming use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests,
guiding by the rule that a Special Permit request may be granted upon a finding
of 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 to the petitioner 's plan.
2. Councillor O'Leary spoke in favor.
3. The is the most feasible location for the deck.
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 substantial detriment to the
public good and without nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
2. The proposed addition will promote the public health, safety, convenience
and welfare of the City's inhabitants.
DECISION ON THE PETITION OF JAMES MCDONALD FOR A SPECIAL PERMIT
FOR 37-39 PROCTOR ST. . SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the
relief requested, subject to the following conditions :
1 . Size of the existing deck as shown on the plans submitted shall not
be enlarged at this time.
2. Petitioner obtain a legal building permit for the deck.
3. Petitioner comply with all requirements of the Salem Fire Department.
SPECIAL PERMIT GRANTED
chard A. Bencal , Vice 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 the Mass.
General Laws, Chapter 808, and shall be filed within 20 days after the date of filing
of this deciison in the office of the City Clerk.
Pursuant to Mass. General Laws, Chapter 808, Section 11, the Variance or Special Permit
granted herein shall not take effect until a copy of the decision, bearing the certi-
fication of the City Cleric that 20 days have elapsed and no appeal has been filed,
or that, if such an appeal has been filed, that it has been dismissed or denied is
recorded in the South Essex Registry of Deeds and indexed under the nae of the
owner of record or is recorded and noted on the owner's Certificate of Title.
Board of Appeal