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1 BUENA VISTA AVENUE - CURTIN, SEAN T - ZBA 1 .Buena Vista Aver R I i - - Sean T:° Curtin — - • -- Q G (I)CITY Tit" of �ttlem, �ttsscjrltusetta OCT 13 3 02 q? Bazird of _�u peal - L: C ER K'S J DECISION ON THE PETITION OF SEAN T. CURTIN FOR A SPECIAL PERMIT AT 1 BUENA VISTA 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 Greaiish 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 40A. Pet:toner, owner of the property, is requesting a Special Permit from front 5 rear setbacks and to increase the height to allow construction of a deck, an addition and a second level in this R-1 district. The :rovision 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 8-6 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 -ore 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. There was no opposition to the proposed construction. 2. The property will remain a single family dwelling. 3. The granting of this petition will enhance the quality of life for the petitioner. PETITION OF SEAN T. CURTIN FOR A SPECIAL PERMIT AT 1 BUENA VISTA 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 . 411 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 construction shall be in harmony with existing structure. 6 . A Certificate of Occupancy is to be obtained by the petitioner. SPECIAL PERMIT GRANTED September 30, 1992 off, •; Stephen C. Touchette, Member Board of Appeal N Qy O cW1 cn %W Q U DECISION ON THE PETITION OF SEAN T. CURTIN FOR A SPECIAL PERMIT AT 1 BUENA VISTA 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 ti c� �� Olal �J G U I � -' (gitu of "Salem, Massachusetts F Pourb of '�kpveal October 13, 1992 NOTICE IS HEREBY GIVEN THAT AS OF THIS DATE THE DECISION OF THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE CITY CLERK TO GRANT THE PETITION OF SEAN T. CURTIN FOR A SPECIAL PERMIT TO ALLOW CONSTRUCTION OF A DECK, AN ADDITION AND A SECOND LEVEL AT 1 BUENA VISTA AVE. THE PROPERTY WILL REMAIN A SINGLE FAMILY DWELLING. BOARD OF APPEAL Brenda M. Sumrall Clerk of the Board Appeal from this decision,if any,shall be made pursuant to Section 17 at the Mass. General Laws, Chapter 808,and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. - Pursuant.to Mass.General Laws, Chapter 808, section 11,the Variance or 9pecfal Permit granted herein shall not take effect until a copy of the decision,bearin the certification of the cif such appeal hashave been elapsed and no appeal has been filed,or that filed,that it has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name or the owner of record or Is recorded and noted In the owner's Certificate of Title: 80ARQ©F Af PEAtt ;b (IZitg of Irm, ttssttdiusetts October 13, 1992 NOTICE IS HEREBY GIVEN THAT AS OF THIS DATE THE DECISION OF THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE CITY CLERK TO GRANT THE PETITION OF SEAN T. CURTIN FOR A SPECIAL PERMIT TO ALLOW CONSTRUCTION OF A DECK, AN ADDITION AND A SECOND LEVEL AT 1 BUENA VISTA AVE. THE PROPERTY WILL REMAIN A SINGLE FAMILY DWELLING. BOARD OF APPEAL Brenda M. Sumrall Clerk of the Board Appeal from this decision, If any, shall be made pursuant to Section 17 at the Mass. General laws, Chapter 808,and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to Miss.General Laws, chapter 808, Section 11,the Variance or 1'.teclel Permit gr.:nted herein shall not take effect until a copy of the decision, hearin tha 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 Esselt RistrY of mds and towner of record ae on the owner's Certificate of Title isrecorded andnoted BOARR OF.WEA6