76 FEDERAL STREET - GORDON, GREGORY - ZBA 76 Federal St. R-2
Dr. Gregory Gordon
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DECISION ON THE PETITION OF DR. GREGORY J . GORDON FOR ��^'j Z'I 73
SPECIAL PERMIT AT 76 FEDERAL ST. (R-2)
A hearing on this petition was held November 12, 1986 with the following ,Bo IN
Members present: James Hacker, Chairman; Richard A. Bencal,t,�',��Petary; Messrs. ,
Fleming, Luzinski and Strout. Notice of the hearing was sent to others and notices
of the hearing were properly published in the Salem Evening News in accordance with
Massachusetts General Law Chapter 40A.
The petitioner requests a Special Permit to extend nonconforming rear and side
setbacks to allow construction of a second floor deck in this R-2 zone. j
The provision of the Salem ;Zoning Ordinance whichis 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
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, j
safety, convenience and welfare of the City's inhabitants.
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The Board of Appeal, after consideration of the evidence presented at the public j
hearing, makes the following findings of fact:
1 . Neighbors and others were in support of the plan as presented;
2. Opposition was presented by one abutter;
3. Support of the plan, in the form of a letter of approval was
sent by the Salem Historical Commission.
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 addition will not be substantially more detrimental
to the neighborhood;
2. The proposed addition will promote the convenience and welfare
of the city's inhabitants;
3. The proposed addition will be aoorooriate to the preservation of .
the Historic District.
'DECISION ON THE PETITION OF DR. GREGORY J . GORDON FOR A .
SPECIAL PERMIT FOR 76 FEDERAL ST. . SALEM
Dage two
Therefore, the Zoning Board of ADDeal voted unanimouslv. 5-0,, to grant the Special
Permit to extend nonconforming rear and side setbacks to allow construction of a
second floor deck sub.iect to the following conditions:
1 . The deck is to be constructed as Der Dlans submitted;
2. All dimensions must be as Der the Dlans submitted:
3. The building must be in compliance with all provisions of the
Salem Fire Dept. regulations relative to smoke and fire detectors
for this type of building and use;
4. The deck must be constructed as per the Certificate of Appropriateness .
submitted by the Salem Historical Commission dated June 1986.
SPECIAL PERMIT GRANTED
Richard A. Bencal; 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 OF THE
Cu�ERAL LAC1S, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILE
C" TP.:S GEC1Si0.". I:: THE OFFICE OF THE CITY CLERK. -coEgl_
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TO MASS. cciER:'.L lA"d:S. CHRPTEF. 808, SECiICtii 11. THE 1'AF.!F.1:CE CR - _L PFR 11T
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OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
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