19 BEACH AVENUE - JOYCE, NEAL & MAUREEN - ZBA 19 BEACH AVENUE R-1
Neal & Maureen Joyce
Special Permit 9/29/82
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of
'82 Dut -5 A9 :37
DECISION ON THE PETITION OF NEAL & MAUREEN JOYCE FOR A S LCIAZ�; '_.i'•, ': 'E
PERMIT FOR 19 BEACH AVENUE } `
A hearing on this Petition was held on September 29, 1982 with the following Board
Members present: Douglas Hopper, Chairman; Messrs. Piemonte, LaBrecque, Hacker and
Feeberry. Notice of the hearing was sent to abutters and others and a notice of the
hearing was published in the Salem Evening News in accordance with Massachusetts General
Laws Chapter 40A.
The Petitioners have requested a Special Permit to extend a non-conforming structure
at the site so as to allow removal of an existing stairwell and to construct
steps at the front of the property. The existing structure is non-confomring by virtue of
the fact that it encroaches into the minimum front yard set back. The proposed
new steps will extend this nonconformity to within two feet of the front property line. .
The provision of the Salem Zoning Ordinance which we deem to be 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 that such change . . . shall not be
substantially more detrimental than the existing non-
conforming use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests, guided by the
rule that a Special Permit 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.
The Board, after considering the evidence at the hearing on this matter, makes the
following findings of fact:
1. The Petitioners proposed renovation of the site which will have a negligible
impact on the site.
2. The proposed renovation was unopposed by any neighbors.
On the basis of the above findings of fact, and on the evidence presented at the
public hearing, the Board of Appeal finds (i) that the proposed use of the property
will not be substantially more detrimental than the existing use to the neighborhood,
(ii) that the proposed use of the property will promote the public health, safety,
convenience, and welfare and (iii) that the proposed use of the property is in harmony
with the Salem Zoning Ordinance. Accordingly, the Board unanimously approved the
granting of a Special Permit to the Petitioner.
The Special Permit is therefore granted in accordance with the following terms and
conditions:
rr ; .-•, ,
DECISION ON THE PETITION OF NEAL & MAUREEN JOYCE •82 OCT -5 A9 :37
FOR A SPECIAL PERMIT FOR 19 BEACH AVENUE
PACE 2 CITY CL ^4'� C-FICF
September 29, 1982 SALtii
r.
1) Petitioner may remove the existing steps at the site and may construct new
steps at the site in accordance with plans submitted to the Board to within 2' of the
front property line.
2) Petitioner shall comply with all applicable fire safety codes.
/r
Anthony M. Feeherry
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A COPY OF THIS DECISION AND PLANS HAVE BEEN FILED WITH THE PLANNING BOARD AND CITY CLERK
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