10 LEVAL ROAD - DENIS, RICHARD & MARIE - ZBA 10 Leval St. R-1
Richard & Marie Denis
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DECISION ON THE PETITION OF RICHARD & MARIE DENIS FOR
A SPECIAL PERMIT FOR 10 LEVAL ROAD CITYCLFS% 511.iK,MISt.
A hearing on this petition was held September 22, 1986 with the following Board
Members present: James Hacker, Chairman; Messrs. , Bencal, 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
nonconforming side setback to allow construction of a two story 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 appeaing 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 at the
hearing, and after viewing the plans, makes the following findings of fact:
1 . There was no neighborhood opposition;
2. The Ward Councillor spoke in favor;
3. Applicant has a severely handicapped child and the additional
space is required to promote the general health and welfare of
the family.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . The proposed addition will not be substantially detrimental
to the neighborhood;
2. The proposed addition will be in harmony with the district and will
promote the convenience and welfare of the City's inhabitants.
DECISION ON THE PETITION OF RICHARD & MARIE DENIS
FOR A SPECIAL PERMIT FOR 10 LEVAL ST. , Salem
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Special
Permit requested, subject to the following conditions:
1 . Addition to be built according to plans submitted;
2. The Salem Fire Prevention Bureau approve the plans prior to
the issuance of a building permit;
3. A Certificate of Occupancy be obtained.
F
SPECIAL PERMIT GRANTED )
�Z2ste'e"
aures B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
_ APPEAL FM!A THIS DECISION, IF ANY. SHALL BE WADE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LAV3. CHAPTER 819. AND SHALL DE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
- - OF T41S CECISICN IN THE OFFICE OF THE CITY CLERK.
PURSAN TO ICASS. CE NAS L=VT. C ,APTER 808, SECTL 51 11. THE VARIANCE OR SPE:IAL PE."..'.'IT
- Gr^,AN:i ED HEREIR, SHALL N�� TAi:E EFFECT UNTIL A CC"r'i C:F THE DECId:C.G. '.HE CE2i-
F;CAP iE CF THE CITY CLERr. i';.? 26 DAY^ HF.:E ELF?^E7 .::0 N,] APPAL H.=S KEN FLED,
. OR THAT, IF SOC'H AFi APrE=L 8':S SEEN FILE, TR:. IT ::." SEM: DIS!i!^Sal CP. C:N'ED IS
REC'OP.DED IN THE SOUTH E£3`_1; REfS:STPY OF MCC, THE NA'.:E OF THE OYi(:_R
OF RECORD OR IS RECJRDED AND ROiEU,ONi THE OIVATRS CERTIFICATE OF TITLE. _
- BOARD OF APPEAL
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RCC, EPIC, t,' L. S• - 1 i °NUSI�tlJ i � NO. 74vU1
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