152 BAY VIEW AVENUE - CLARK, SCOTT & LAURA - ZBA 152 Bay View Ave.
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CLERK'S oFF _r
DECISION ON THE PETITION OF SCOTT & LAURA CLARK FOR A SPECIAL PERMIT AT 152
BAY VIEW AVENUE (R-1)
A hearing on this petition was held September 30, 1992 with the following
Board Members present: Richard Bencal, Chairman; Richard Febonio, Francis
Grealish Jr. , and Stephen Touchette. 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 4OA.
Petitioners, owners of the property, are requesting a Special Permit to
increase the height by allowing the construction of a dormer on this
nonconforming structure. The property is located in an R-1 district.
The provision of the Salem Zoning Ordinance which is applicable to this
request for a Special Permit is Section 5-3(j ) , 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 B-6 and 9-4, 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, safety, 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. Support from the Ward Councillor as well as two immediate abutters was
voiced at the meeting.
2. There will be no change in the footprint of the structure.
3. Granting this petition will allow the petitioner to update all heating
and electrical systems and to restore the structure to the original
Victorian style.
PETITION OF SCOTT AND LAURA CLARK FOR A SPECIAL
PERMIT AT 152 BAY VIEW AVENUE, SALEM
page two
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 requested will promote the public
health, safety, convenience and welfare of the City' s inhabitants and may
be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the
Special Permit requested, subject to the following conditions:
1 . Petitioner shall comply with all City and State statutes, ordinances,
codes and regulations.
2. All construction shall be done as per the plans and dimensions
submitted.
3 . All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4 . Petitioner shall obtain a legal building permit.
5. Exterior finishes of the proposed dormer shall be in harmony with
existing structure.
6. All conditions from the previous decision of this Board on June 26,
1991 shall be incorporated into and made part of this decision.
SPECIAL PERMIT, GRANTED
September 30, 1992
l l
m Richard A. Bencal, Chairman
W Board of Appeal
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DECISION ON THE PETITION OF SCOTT AND LAURA CLARK FOR A
SPECIAL PERMIT AT 152 BAY VIEW AVENUE, SALEM
page three
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
MGL Chapter 40A. , and shall be filed within 20 days after the date of
filing of this decision in the office of the City Clerk. Pursuant to MGL
Chapter 40A. , Section 11, the Special Permit granted herein shall not take
effect until a copy of the decision bearing the certification of the City
Clerk that 20 days have elapsed and no appeal has been filed, or that, if
such appeal has been filed, that it has been dismissed or denied is
recorded in the South Essex Registry of Deeds and indexed under the name of
the owner of record or is recorded and noted on the owner's Certificate of
Title.
Board of Appeal
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COUNCILLORS-AT-LARGE DONALD T. BATES WARD COUNCILLORS
1992 PRESIDENT 1992
DONALD T.BATES JOSEPHINE R. FUSCO GEORGE A.NOWAK
GEORGE P.McCABE CITY CLERK KEVIN R.HARVEY
JANE STIRGWOLT VINCENT J.FURFARO
STANLEY J.USOVICZ,JR. LEONARD F.C LEARY
DAVID B.GAUDREAULT
SARAH M.HAYES
MARK E.BLAIR
September 21 , 1992
Mr. Richard Bencal, Chairman
Board of Appeal
City of Salem
Salem, MA 01970
RE: Petition of Scott & Laura Clark
Gentlemen:
I wish to be recorded in favor of the petition of
Scott and Laura Clark for a Special Permit to allow
construction of a dormer at 152 Bay View Avenue, as I
feel that this would not be a detriment to the character
of the neighborhood.
Sincerely,
GEORGE A. NOWAK
COUNCILLOR WARD ONE
APPROVAL UNDER THE .941,60/VISION
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