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DECISION ON THE PETITION OF JOAO K. SAMPAIO FOR A SPECIAL PERMIT
AT 5 FAIRMOUNT ST. (R-2)
A hearing on this petition was held October 17, 1990 with the following Board
Members present: Richard Bencal , Chairman; Joseph Correnti , Richard Febonio,
Mary Jane Stirgwolt and Associate Arthur Labrecque. Notice of the hearing was
sent to abutters and others and notices of the of hearing were properly published
in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A.
The petitioner, owner of the property, is requesting a Special Permit in order
to extend and enclose a back porch.
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 sturctures, 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 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
public hearing, makes the following findings of fact:
1 . The premises and building in question is a residential home in an R-2 zone.
2. All abutters of the premises were notified by mail of the this petition
before the Board.
3. That a petition with the signatures of eleven abutters was presented,
all of whom were in favor of the petition.
4. That the proposed extension will remain within the frame lines of the house.
5. That there was no opposition to the petition during the public portion
of the hearing.
One 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 changes will not be substantially more detrimental than the
existing nonconforming use and can be granted in harmony with the Zoning
Ordinance and without derogating from its intent or the public good.
DECISION ON THE PETITION OF JOAO K. SAMPAIO FOR A SPECIAL PERMIT
AT 5 FAIRMOUNT ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to allow the
Special Permit requested, subject to the following conditions:
1 . All construction be done in accordance with all City and State
building codes .
2. All construction be done as per plans and dimensions submitted and
amended to reflect a 7 ' x 14' extension.
3. Exterior finishes of the proposed porch be compatible with the
existing structure.
4. All requirements of the Salem Fire Department relative to smoke and
fire safety be strictly adhered to.
5. A legal building permit be obtained prior to any construction.
SPECIAL PERMIT GRANTED
October 17, 1990
1_
osep orrenti , Secretary
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 01
the Mass. General Laws, Chapter C08, ani shall be filed within 20 days
after the date of filing of this dacirdon in the office of the city Clerk.
Pursuant to Mass. C::ae! '• -- <;I' .' %"• Section 11, the Variance
or i!peciai Permit,^,rade" 'n< oln sh,•.f nuc take effect until a copy of the
decision, bearing the ccrirt:c;,acri Of the Ci:y Clerk that 20 days have
elapsed and no appeal has been il:ed, or ihot. if such appeal has been
fired,that it has been dismisseu or denied is recorded in the South Essex
Registry of Deeds and Indexed under the name or the owner of record or
is recorded and noted an the owner's certificate of Title.
BOARD OF APPEAL
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CARTER •& TOWERS ENGINEERING CORP.
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Joseph D. Carter
Professional Engineer 6 FAIRVIEW AVENUE
Registered Land Surveyor SWAMPSCOTT, MASS. 01907
Tel. 592-8386
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f I hereby certify that I have examined
the premises and all easements,
encroachments and buildings are
located on the ground as shown.
further certify that the buildings shown
conformed to the zoning laws of
5n�t�1' �1'1r�ss. SAU-m MAst when constructed.
�P`t or rr M;ts I further certify that this property
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Joseph D. Carter R. .S. #9387
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