28 CRESCENT DRIVE - HAMSON, CALVIN D - ZBA 28 Crescent Drive R-1
Calvin D. Hamson
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DECISION ON THE PETITION OF CALVIN AND FRIEDA HAMSON FOR A
SPECIAL PERMIT AT 28 CRESCENT DRIVE (R-1 )
A hearing on this petition was held May 17, 1989 with the following Board
Members present: James Fleming, Chairman: Richard Bencal , Vice Chairman; John
Nutting, Secretary and Associate Member LaBrecque. 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 allow
construction of a deck addition 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 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, 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, and
after viewing the plans, makes the following findings of fact:
1 . There was no opposition presented;
2. The proposed addition would allow a more fuller use of the present
deck space;
3. The proposed addition would not encroach on any setbacks.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . The granting of the Special Permit will be in harmony with the district
and will promote the public health, safety, convenience and welfare of
the City' s inhabitants.
2. The relief requested can be granted without substantial detriment and without
nullifying or substantiall derogating from the intent of the district or
the purpose of the Ordinance.
DECISION ON PETITION OF CALVIN AND FREIDA HAMSON FOR A SPECIAL PERMIT
AT 28 CRESCENT DRIVE, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the
relief requested, subject to the following conditions:
1 . Petitioner meet all requirements of the Salem Fire Dept. relative
to smoke and fire safety;
2. All construction be as per the plans submitted and by legal
building permit;
3. All construction be done as per all existing city and state building codes.
GRANTED
Richard A. Bencal , Vice Chairman
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 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 Special Permit
granted herein shall not take effect until a copy of the decision, bearing the cert-
ification of the City Clerk that 20 days have elapsed and no appeal has been filed,
or that, if such an appeal has been filed, that it has been dismissed or denied is
recorded in the South Essex Registry of Deeds and indexed under the nxre of the owner
of record or is recorded and noted on the owner's certificate of title.
Board of Appeal