15 CHURCHILL STREET - RECKIS, ELIZABETH J - ZBA 15 Churchill St. R-1
Elizabeth J. Reckis
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s oarb of �ppeal
DECISION ON THE PETITION OF ELISABETH J. RECKIS FOR
A SPECIAL PERMIT AT 15 CHURCHILL .ST. , SALEM
A hearing on this petition was held J 1�, �� �j.the following Board Members
present: James Hacker, Chairman; Messrs. , Be c/ , 1 ng, Luzinski and Strout.
Notice of the hearing was sent to abtPotEf3 and others and notices of the hearing
were properly published in the Salem Evening News in accordance with Massachusetts
General Laws Chapter 40A. CITYCLEe+ sei-FH.N155.
Petitioner, owner of the property, is requesting a Special Permit from noncon-
forming rear and side setbacks to allow an existing deck in this R-1 district.
5 The provision of the Salem Zoning Ordinance which is applicable to this request
ofor a Special Permit is Section V B 10, which provides as follows:
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Notwithstanding anythine to the contrary appearing in this
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E_ = _ _ � a Ordinance, the Boar^ c_' Appeal may, in accordance with the
procedure and conditions set forth in Section VIII F and IX D,
= = w grant Special Permits for alterations and reconstruction of
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nonconforming structures, and for changes, enlargement, extension
m or expansion of nonconforming lots, land, structures, and uses,
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provided, however, that such change, extension, enlargement or
expansion shall not be substantially more detrimental than the .
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� o w existing nonconforming use to the neighborhood.
En 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
= m > �Et =by the Board that the grant of the Special Permit will promote the public health,
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- safety, convenience and welfare of the City's inhabitants.
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Board of Appeal, after careful consideration of the evidence presented at the
gearing, makes the following findings of fact:
1 . This condition has existed for over twenty (20) years;
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2. Petitioner is seeking to clarify the zoning in order to
obtain new mortgage.
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Ln the basis of the above findings of fact, and on the evidence presented at the
< - searing, the Board of Appeal concludes as follows:
1 . The relief requested can be granted without substantial detriment
to the neighborhood and without derogating from the intent or
purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, in favor of granting
to Special Permit to allow and existing deck to within 62' feet of the side line
and 41 feet to within the rear line according to plan submitted. 1
ames B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK