7 LINDEN STREET - GUY, DAVID & NANCY - ZBA 7 LINDEN ST. R-2
David & Nancy Guy
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Puxrb of APPettl
DECISION ON THE PETITION OF NANCY AND DAVID GUY FOR A 883 JUL 29 P4 :07
SPECIAL PERMIT FOR 7 LINDEN STREET
A hearing on this petition was held on July 20, 1983 with the folMTn _RdrdLr��GE
Members present: James Hacker, Chairman; Messrs. Hopper, Charnas a4 ?Ical
Notice of the hearing was sent to abutters and others and notices were properly
published in the Salem Evening News in accordance with Massachusetts General Laws
Chapter 40A.
Petitioners request a Special Permit to allow them to build a garage four feet
from the side abutter and four feet from the rear abutter, all as shown on a plan
filed with the Board.
Theprovision of the Salem Zoning Ordinance which we deem to be 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 on non-
conforming structures, and for changes, enlargement, extension or
expansion on non-conforming lots, land structures and uses
__provided that such change. . .shall not be substantially more detrimental
than the existing non-conforming use to the neighborhood.
In more general terms, the 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 a Special Permit will promote the health, safety,
convenience and welfare of the City's inhabitants.
The Board of Appeal, after consideration of the evidence presented at the public "
hearing and after 'viewing the plans of the property, makes the following findings
of fact:
1 . The proposed gambrel garage will be an improvement not-only to the
premises but to the neighborhood as well;
2. The present garage -is in poor condition, and is located four feet from
the side and 1 .5 inches from rear abutter;
3. No opposition to petitioner's plan was voiced by neighbors.
One the basis of the above findings of fact and the evidence presented at the
public hearing, the Board of Appeal concludes as follows:
1 . The proposed construction of the gambrel garage will not be
substantially more detrimental to the neighborhood than the
present garage.
Therefore, the Zoning Board of Appeal voted unanimously in favor of granting
the petitioners the Special Permit requested. The Board grants the Special
Permit under the following terms and conditions:
'+ DECISION ON PETITION OF NANCY AND DAVID GUY
FOR A SPECIAL PERMIT FOR 7 LINDEN STREET
page two
1 . Petitioners may construct a gambrel garage within four feet of the side
abutter and four feet of the rear abutter, all as shown on a plan filed
with the Board;
2. The garage may be used for storage of motor vehicles and storage of any
other things otherwise permitted by the laws of the City, Commonwealth of
Massachusetts, and United States, except that it may not be used for
human habitation;
3. Petitioners must obtain a Certificate of Compliance.
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LU - Scott E. Charnas, Acting Secretary
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APPEAL FRC:`M THIS DECISION, IF A0. SHALL BE !MADE PURSUANT TO SECTION 17 OF THE MASS.
GE`:ERAL LAWS, CP.F,P(ER 3GC, AND SHALL 6E FILED MTH@I 20 DAYS AFTER THE DATE OF FILI:L3
OF T'XiS DECISION IN THE CF^CE CF THE CITY CLEPiil. - - -
xA*'- 10 "'AM CU;=R41. !- CH4PTER EDS, 5_GT10[I 11. THE VARLARCE OR S?=C!=! F-1--l-IT
HERE!N. SEALL N--I ;..... EFFECT, U!iTl! ACG?'f OF TF!E SE -
F!LD,TfON
OF THE CITY CLERN: TF:?,T 20 DUS HCdE ELAPSED .`.':O N') APPEAL HAS S 6777:1 PLED.
>. THAT, IF S'i',cI Ail APPEAL HAS SEEN F:LE, THAT IT HAS BEEN G'311SSED LR D=("EC S3 - - -
_ i(! THE SiUiFI ESSEX F.EG:STU OF DEEDS AND INDEXED UN E. (HE NA' c 0, THE 3t.NE:
OF Rcw»D OR IS RECORDED AND [TOTED ON THE C'NNEP.'S CERTIFICATE OF TITLE. - -
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD ARID THE CITY CLERK
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