9A CLEVELAND ROAD - FLADGER, DAVID & KERRY - ZBA 9A Cleveland Rd.Ext. R-1
David & Kerry Fladger
�c
_s
JUN I1 AM 'e7
`yN CPan;1
('.1.��rTT
`t itU of '71�§'ajpM, 4UUS5UC4jj8ett&1LE#
CITY CLERK,SALEM. MASS.
Dura of e ,
J��OIN IF[
DECISION ON THE PETITION OF DAVID & KERRY FLADGER FOR A
SPECIAL PERMIT AT 9A CLEVELAND RD. EXT. (R-1 ) 1
A hearing on this petition was held May 27 , 1987 with the following Board Members
present: James Hacker, Chairman; Richard Bencal, Secretary; Messrs. , Fleming,
Luzinski and Strout. 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.
Petitioners, owners of the property, are requesting a Special Permit to extend a
nonconforming rear setback to allow construction of an 8' x 20' deck in this
R-1 district.
The provision of the Salem Zoning Ordinance which is 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 in this Ordinance,
the Board of Appeal may, in accordance with the procedure and conditions set
forth is Section VIII F and IX D, grant Special Permits for alteration and
reconstruction of nonconforming structures, and for changes, enlargement, ex-
tension 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 . No opposition;
2. The addition of the deck would promote the convenience, safety
and welfare of the City's inhabitants.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
1 . The proposed deck will not be substantially more detrimental than the
existing use to the neighborhood;
0
2. The relief requested can be granted without nullifying or substantially
derogating from the intent of the district or the purpose of the
Ordinance.
i
A
i
DECISION ON THE PETITION OF DAVID & KERRY FLADGER FOR, A
SPECIAL PERMIT AT 9A CLEAVELAND ROAD EXT. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Special Permit requested .subject to the following terms:
1 . All construction be done as per the plans submitted;
2. A legal building permit be obtained.
SPECIAL PERMIT GRANTED
Richard A. Bencal, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FROM THIS DECISION. IF ANY. SH1,LL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LA' S. CHAPTER ROS, AND SHALL BE FILED WMHON 20 DAYS .AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFF;,- OF THE CITY CLER>.. -
FJCi!.fT TO I,'=S$. CENER4 LA';!S. CHAPTER F', SEC7.N8 11, THE VARIANCE OR SPECIAL PERMIT
,RM:TED HEREt F:. SHALL NST TA!sE EFFECT UNTIE. A COP" OF THE DEG SIO:'i. BE;..NTHE CERT
FILr.TI01J OF THE CITY CIEWK 1Y.-T 20 DAYS H=-.V` ELAPSED F,ND NO APPEAL HAS BEEN FILED.
OR THAT. IF SU H AN APPS?.L H6S BEEN FILE THAT IT F-�S BEEN DIS:,9SSED OR DENIED IS
REC'SRDED IN THE SOUTH ESSEX RECISTRI' OF DEEDS AND INDEXED UNDER THE 1,A',E OF THE OWNER
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER S CERTIFICATE OF TITLE.
BOARD OF APPEAL