81 FORT AVENUE - MAGUIRE, JANET - ZBA 81 Fort Ave. (RC)
Janet Maguire
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DECISION ON THE PETITION OF JANET MAGUIRE FOR A
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SPECIAL PERMIT FOR 81 FORT AVE. , SALEM > <
A hearing on this petition was held March 27, 1985 with the folAwin&Board
Members present.: James Hacker, Chairman; Messrs. , Charnas, GaUtbieryiStrout and
Associate Member Bencal. 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 requests a Special Permit to allow her to have an enclosed porch which
encroaches to within seven (7) feet of the side line This property, owned by
81 Fort Ave. Realty Trust, is in an RC district.
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
detrimental than the exisitng 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 hearing the evidence presented at the hearing, makes
the following findings of fact:
1 . The porch will not substantially affect any neighboring property.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board concludes as follows:
1 . The proposed porch will not be substantially detrimental to the
public good;
2. The relief requested is in haromony with the purpose and intent
of the Zoning Ordinance.
DECISION ON THE PETITION OF JANET MAGUIRE FOR A
SPECIAL PERMIT FOR 81 FORT AVE. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously 5-0 to grant the
petitioner's request to have the enclosed porch within seven (7) feet of the
side line.
SPECIAL PERMIT GRANTED
Scott E. Charnas, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK,
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APPEAL FR:;::1 THIS Dc,:ISION, i' ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF TFiE MASS.
GENERAL LAW$, CHAPTER SOB, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE.OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PLiCSA.NT TO :.:ASS. CENSP_ AL LAWS. CHAPTER 808, SECTION 11. THE VARIANCE OR SPECIAL PERMIT
GRAY;ED HEREIit, SHALL NO, TAME EFFECT UNTIL A COPY OF THEDECISION, BEARING THE CERT-
GRATET i D OF 1HE CITY CLER{ THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED,
IS
OR THAT, IF S'J',P AN APPEAL HAS BEEN FILE, THAT IT HAS BEEN DISMISSED OR DEE OF T
RECORDED IN THE SCU1H ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OIYNER
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE
BOARD OF APPEAL
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LAND SURVEYING • CIVIL ENGINEERING .
PLOT PLAN OF LAND
LOCATED IN
SALEM MASS.
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I hereby certify ?o POLI;"
MAGUi2E that I have
FoRr examined the premises and all
easements , encroachments and
buildings are located on the
ground as shown. I further
certify that the buildings IND Nof
conform- : to the dimensional zoninc
laws of SALE'/I /IX when
SCALE: / 9U ' constructed. I further certify
DATE: F B Z8 -19§5 that the property /s lVoT
REFERENCE: BKco9oS PG �fl located in the_establi� flood
hazard area. � H OF MgSS
This Plan has been prepared for conveyancing purposes
only for the above party, and is not be be used for
boundary measurements.
ChriStoph� . t ' a 1115113 ^17
40 LOWELL STREET 35 FOREST STREET
PEABODY, MASS. 01960 MEDFORD. MASS. 02155
531.8121 391-0655
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111 JOF(N R. NUTTING 1985
COUNCILLORS-AT-LARGE O1- }RESIDENT
1985 �q\, QF
pp it 1 i.R� yCy�, GEORGE A. NOWAK
�. [ yOSE{�WIN R. FUSCO STANLEY J. USOVICZ, JR.
JOSEPH M. CENTORINO CITY CLERK STEPHEN P. LOVELY
FRANCES J. GRACE LEONARD F. O'LEARy
JEAN-GUY J. MARTINEAU
JEAN MARIE ROCHNA
GEORGE P. MCCABE
RICHARD E. SWINIUCH JOHN R. NUTTING
March 26, 1985
Mr. James Hacker, Chairman
Board of Appeal
City of Salem
Salm, MA 01970
Dear Mr. Hacker:
Please be advised that I wish to be recorded in favor of the petition
of Janet Maguire for a variance from side yard setbacks to allow an enclosed
porch at 81 Port Avenue.
I feel this addition will not be a detriment to the surrounding area.
Very truly yours,
GEORGE A. NOK
COUNCILLOR 6MRD ONE
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MEl���p WARD COUNCILLORS
JOHN R. NUTTING 1995
COUNCILLORS-AT-LARGE PRESIDENT
1985 GEORGE A. NOWAK
JOSEPHINE R. FUSCO STANLEY J. USOVICZ, JR.
JOSEPH M. CENTORINO CITY CLERK STEPHEN P. LOVELY
FRANCES J. GRACE
LEONARD F. O'LEARY
JEAN-GLV J. MARTINEAU
JEAN MARIE ROCHNA
' GEORGE P. MCCABE
RICHARD E. SWINIUCH JOHN R. NUTTING
March 27, 1985
Mr. James Hacker, Chairman
Board of Appeal
City of Salem
Salem, MA 01970
Dear Mr. Hacker:
Please be advised that I wish to be recorded in favor of the petition
of Nondas Lagonakis for a variance to construct an addition at 26 Bridge
Street.
I do not feel that this addition will cause any Problems for the
surrounding area.
Very truly yours, > p
GEORGE A. NOWAK
COUNCILLOR YARD ONE
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(ane £4alem Green March 6,1985
745-9213
Robert Maguire
81 Fort Avenue Re: 81 Fort Avenue
Salem,Ma 01970 R-C Zoned
Dear. Mr. Maguire:
Please be aware of the fact that you are in violation of
the side yard setback requirement,that calls for 40 feet,
Table #1 Salem Zoning Ordinance,Page 40.
You may apply to the Zoning Board of Appealsfor permission
to vary those requirements and allow the existing (7) seven foot
side yard setback.
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Richard I. McIntosh
Zoning Enforcement Officer
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