8 ALBION STREET - RENNICK, PATRICIA - ZBA 18` AIbion' St: -..; R-1
Patricia Rennick
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DECISION ON THE PETITION OF PATRICIA RENNICK
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FOR A SPECIAL PERMIT AT 8 ALBION STREET (R-1 )
A hearing on this petition was held October 29, 1992 with the following
Board Members present: Richard Bencal, Chairman; Richard Febonio, Francis
Greaiish Jr. , Edward Luzinski 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.
Petitioner, owner of the property,is requesting a Special Permit in order
to extend the height of the existing roof in this R-1 district.
The provision of the Salem Zoning Ordinance which is applicable to this
request for a Special Permit is Section 3-3(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 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. There was no opposition to the proposed construction.
2. The property will remain a single family dwelling thus not placing any
further burden on the abutting area.
3. The height of the structure would still fall under the current legal
restriction, even with the proposed increase.
PETITION OF PATRICIA RENNICK FOR A
SPECIAL PERMIT AT 8 ALBION STREET, SALEM
page two
4. The proposed construction would not be out of character with the
general area.
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, 5-0, 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 addition shall be in harmony with
existing structure.
6. Property shall be used as a single family dwelling only.
SPECIAL PERMIT GRANTED
October 21, 1992
Richard A. Bencal, Chairman
Board of Appeal
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DECISION ON THE PETITION OF PATRICIA RENNICK FOR A
SPECIAL PERMIT AT 8 ALBION STREET, 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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