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25 LEE STREET - VILLETT, GEORGE H - ZBA 25-Lee St. (R-1) 14_ VILLi .' I I I �P 4 .e(0p1N j b� (fitn of �ttlPm, 4Ua99Ut u8Ptt8 ( 3? ? z D c Pottra of �upenl JUL <y 3 cs 1,111 ,89 DECISION ON THE PETITION OF GEORGE VILLETT FOR A SPECIALFILE PERMIT AT 25 LEE STREET (R-1 ) -4TY :L°Ei:. ti.c "'. OAS 7. A hearing on this petition was held July 19, 1989 with the following Board Members present: James Fleming, Chairman; Messrs. , Bencal, Febonio, Luzinski and Nutting. 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 to allow construction of an addition on this undersized lot which is located in an 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 accrodance with the procedure and conditions set forth in Section VIII Fund 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, enlargment 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. 2. The proposed addition will not encroach on any setback requirements. 3. The proposed addition will enlarge the kitchen area and will be a single story addition. 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 requested Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants and will be in harmony with the neighborhood. 2. The relief 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. •r DECISION ON THE PETITION OF GEORGE VILLETT FOR A SPECIAL PERMIT AT 25 LEE STREET, SALEM page two Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the request for a Special Permit to allow construction of an addition, subject to the following conditions: 1 . All requirements of the Salem Fire Department relative to smoke and fire safety be adhered to. 2. All construction be done with a legal building permit and as per all City and State Building codes. 3. All construction be as per plans and dimensions submitted. 4. Exterior finishes of the proposed addition be in harmony with the existing building. 5. A Certificate of Occupancy be obtained for the new addition. GRANTED (,John R. Nutting, Secre ry A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appe2l from this decision, if any, shall be made pursuant to Section 17 of the fAess. General Laws, Chapter 808, and shall be filed within 20 days oftar the date of filirg of this decision in the office of the City Clerk. Pursuant to mass. General Laws, Chaoier 808, Section 11, the variance or Specia' Permit granted h^rein shrdl aat take effect until a copy of the derision. bearing the certification of the ClZy 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 or the owner of record or is recorded and noted on the owner's Cartifi=ata of Title. 80ARD OF APPEAL MORTGAGE INSPECTION BAY STATE SURVEYING SERVICE INC. 234 CABOT ST., BEVERLY, MA. LOCATION : SALEM. MASS . NOTES : SCALE : I" = 30 FT. DATE : MAY 17 . 1969 • This is a Mortgage inspection survey and not ---•------ ---- ------------- REFERENCE : DEED SK . + 6465 PG . + 645 an instrument survey,therefore this plot plan is for RECORDED IN THE ESSEX_ S_OU_TH mortgage inspection purposes only. "' .. ... ....... �2�GISTRY OF -DEMOS _,___ .__._ _ • This survey is based on survey marks of others. To DANVERS SAVINGS BA'NK • Bushes,shrubs, fences and tree lines do I hereby certify that I have examined the premises and that the not necessarily indicate property lines. building(s) shown on this plan are located on the ground as shown and that,they conformed to the zoning setbacks of the • The building(s) are not located in the special CITY of SALEM,_ MASS:_ flood hazard zone, as defined by H.U.D. ------- when constructed. Lc,,r 4-9 6 h.rr' = s000 sF 2 �*2S i S TFZEc jR 2 0 ICL..