4 LOCUST STREET - CHRISTOPHER, PETER - ZBA (2) 4 Locust R-1
iPeter Christopher
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DECISION ON THE PETITION OF PETER CHRISTOPHER FOR A SPECIAL PERMIT
FOR 4 LOCUST STREET, SALEM, MASS.
A hearing on this petition was held on September 12, 1984 with the following
Board Members present: James Hacker, Chairman: Scott Charnas, Secretary;
Messrs. Robert Gauthier & Peter Strout and Associate Member Richard A.
Bencal. 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 40 A.
The petitioner requests a Special Permit to construct a 102 'x 272' addition
to the rear of his existing house to enlarge the existing kitchen and add
a sunroom. The existing building is non-conforming as to front, rear and
side yard requirements. Petitioner owns the premises, which is 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
accordance with the procedure and conditions set
forth in Section VIII F and IX D, grant Special Permit
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 hearing the evidence presented at the hearing,
-c makes the following findings of fact:
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1'. Opposition to petitioner's plan was basically limited to
neighbor, who presented no convincing evidence that the
- ti proposed addition would have any substantial negative impact
a bn his own property;
r vR. Petitioner's plan is substantially different from any petition
filed with this Board within the last 2 years regarding
petitioner's property;
PETITION OF PETER CHRISTOPHER FOR A SPECIAL PERMIT FOR
4 LOCUST STREET, SALEM, MASS.
page two
3. The proposed addition will have no substantial effect on either
the property of abutters or the neighborhood in general.
On the basis of the above findings of fact and on the evidence pre-
sented at the hearing, the Board concludes as follows:
1. The Board can decide the merits of this petition because it is
substantially different from any petition filed within the last
2 (two) years regarding this property;
2. The proposed plan is without substantial detriment to the public
good, and does not detract from the intent or purpose of the Zoning
Ordinance.
Therefore, the Board of Appeal voted 5 to 0 to grant the Special Permit
requested and as shown in a plan submitted to the Board, provided that
the height of the addition does not exceed the height of the existing
building which is approximately 16 feet.
Scott E. Charnas, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FRO'.S THIS DECISION. IF ANY. SHALL BE I'ADE PURSUANT TO SECTION 17 OF THE it.'-,SS.
GENERAL LAGS. CHAPTER 803, AND SHALL BE FI'_ED R'iTCI,'l 20 DAYS AFTER THE DATE OF FILING
OF THIS CECIS!";; IN THE OMCE OF THE CITY CLERK.
PURC'.OT ?0 '.:ASS. CEIIERAL LA.P:S. CHAPTER 808. SECTVXI 11, THE VA^IANCE F3 SP-'!A! FE13'.:.1T
GRAVED HERE111. SHALL NOT TAKE EFFECT UNTIL A COPY OF THE 9 CISI:'{;, SEF.',!!:i X__ C-PT.
FICA.T!,;; OF THE CITY CLER,, THAT 20 LAYS HAVE EL PSEO A';O ND APPEAL H'3 cE32 F1--D.
OR THAT, IF SU H AN APPEAL HAS BEEN F:LE, THM IT HAS BEEN CFS:,.iS3 EDCR O6;:E9 IS
RECORDED IN THE S06TH ESSEX REGISTRY OF DEEDS AND H49EXED UNDER THE i..;::E uF K .._. ..
OF RECORD OR IS RECORDED AND NOTED ON THE CV.-NER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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( i PETEP MARY CHRISTOPHER
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