6 RANDALL STREET - BUILDING INSPECTION 6 RANDATL STREET . ,..
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JUL 6 8 40 A(y '89
DErISION ON THE PEZ17CN_0F_MKHjA ND MARIA AMARAL FOR A SPECIAL FILE*
PUMIT AT 6 RANDALL STREBP (R-2)- "1TY CLE-,X. ;1;iLf:ri. VISS.
A hearing on this petition was held June 28, 1989 with the following Board
Members present: James Fleming, Chairman; Richard Bencal, Vice Chairman; John
Nutting, Secretary, Edward Luzinski and Richard Febonio. Notice of the hearing
was sent to abutters and others and notices of the hearing were properly publishes
in the Salem Evening News in accordance with Massachusetts General Laws
Chapter 40A.
Petitioners, owners of the property, are requesting a special permit to extend
a nonconforming structure by constructing an enclosed stairway 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 ten procedure and conditions set forth
in Section VIII F and IX D, grant Special Permits for alterations and recon-
struction of nonconforming structures, and for changes, enlargement, extension
or expansion of nonconforming lots, lands, structures, and uses, provided, how-
ever, that such change, extension, enlargement or expansion shall not be sub-
stantially 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
of the Board that the grant of the Special Permit will promote the public health,
saftey, 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. The present stairs are in dire need of repair and are uncovered.
3. The proposed stairs would be more safe as they would be_covered
from the weather.
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 enclosed stairway 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
intent of the district or the purpose of the Ordinance.
• DECISION ON THE PETITION OF MANUEL AND MARIA AMARAL FOR A SPECIAL
PERMIT AT 6 RANDALL STREET, 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 . Petitioner meet all requirements of the Salem Fire Department relative
to smoke and fire safety;
2. All construction be done by legal building permit and per all existing
City and State building codes;
3. All dimensions be as per the plans submitted;
4. The exterior finishes of the new stairway shall be in harmony with
existing exterior finishes.
GRANTED
Richard A. Bencal, Vice Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
koea! from this decision, if any, shill be made pcn;ua t :o +„-
th: . !:!asc. Cenerol Laws, c ..
hapter P.09, and shall be fired rilhin ;i
tis u la o' -n� of this !',yri::icn in a:e office of the City Cler;c.
io :dans. Q.:.Iaral ^:3
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R-a�is:ry of Deads and indaxed ur:ler the name or t:lec,r.er Of record or
is recorded and noted on the owner's Cartlficate of Til:a.
BOARD OF APPEAL