11 FOSTER STREET - MARSILIA, ROBERT - ZBA -SPECIAL PERMIT 1988 11 Foster St. R-2
Robert Marsilia
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26nxrb of Me"d FILE#
CITY CLERK.SALLE Pi.MASS.
DECISION ON THE PETITION OF ROBERT T. MARSILIA FOR A SPECIAL
PERMIT FOR 11 FOSTER ST. (R-2)
A hearing on this petition was held March 30, 1988 with the following Board
Members present: James Hacker, chairman; Messrs. , Bencal, Fleming, Luzinski and
Strout. 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, is requesting a Special Permit to extend
nonconforming use and structure allowing construction of a second story addition
in this R-2 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 is Section
VIII F and IX D, grant Special Permits for alterations and reconstruction of noncon-
forming structures and for changes, enlargement, extension or expansion of noncon-
forming lots, land, structures, and uses, and uses, provided, however, that such
change, extension, enlargement or expansion shall not be substantially more
detriemntal 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, .
safety, convenience and welfare of the City's inhabitants.
The Boacd of Appeal, after careful consideration of .the evidence presented, and
after viewing the plans, makes the following findings of fact:
1 . Neighbors are in favor of the plan;
2. The Ward Councillor spoke in favor;
3. The proposed addition will improve the neighborhood.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . The Special Permit 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 granting of the special permit will promote the public
health, safety, convenience and welfare of the City's
inhabitants and will be in harmony with the neighborhood.
DECISION ON THE PETITION OF ROBERT T. MARSILIA FOR A
SPECIAL PERMIT FOR 11 FOSTER ST. , 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 must obtain a building permit;
2. Construction conform to all state and local building codes;
3. All requirements of the Salem Fire Dept. be adhered to;
4. Exterior finishes conform to the neighborhood;
5. Construction be as per plans submitted;
6. Use must remain as it now exists;
7• All other conditions of the 1983 Variance be adhered to;
8. Certificate of Occupancy be obtained.
GRANTED
Peter Strout, Member, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FRO""" THIS D' D"IP A?:Y, SHALL BE MADE PURSUANT TO SECTION 17 OF THE
APPEAL
LAV:S• CHAPTER SCS• F.ND SHALL BE FILED W!THIN 20 DAYS AFTER THE DATE OF FILL'I'
T,AL DECISION li- THE OFiiCE OF THE CITY CLERK. n_,, o
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PLAN OF LAND ATLANTIC ENGINEERING &
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THAT THE SETBACK DISTANCES
STRUCTURES ONLY AND ARE NOT TO BE
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