10 1/2 MALL STREET - MICHAUD JR, ARTHUR & CHERYL - ZBA 1011 Mall St. g-2
_ Arthur & CherylMichaud Jr.
o
� e
4b NOV a 30 Aa
�` T � (9itu of ttlem, Aassar4useff5)LE
� ' s
r s Puxra of A, pzzd .Ir
;, 9
ge.,nmz.w*'
DECISION ON THE PETITION OF ARTHUR AND CHERYL MICHAUD FOR
A SPECIAL PERMIT AT 101 MALL ST. (R-2)
4 hearing on this petition was held October 18, 1989 with the following Board
Members present: James Fleming, Chairman; Richard Bencal, Vice Chairman; Edward
Luzinski and Richard Febonio. 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 an existing deck in the R-2 zone.
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 _e existing nonconforming use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests,
guided by the rule that a 'Pecial Permit request may be granted Dn a finding
by the Board that the gr= ;f the Special Permit will promote t: : Public health,
safety, convenience and are of the City's inhabitants.
The Board of Appeal, after careful consideration of the evidence presented at the
nearing, and after viewing the plans, makes the following findings of fact:
1 . There was no opposition.
2. The deck will allow petitioner a more fuller use of the property.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . The grant of the Special Permit will promote the safety, convenience and
welfare of the City's inhabitants.
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.
DECISION ON THE PETITION OF ARTHUR AND CHERYL MICHAUD FOR A
SPECIAL PERMIT AT 10i� MALL ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the
Special Permit requested, subject to the following conditions:
1 . Petitioner comply with all requirements of the Salem Fire Dept.
2. All construction and dimensions be as per the plans submitted.
3. Petitioner obtain a legal building permit for the deck.
GRANTED
f
`ichard A. Bencal, Vice Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
r n", ;-cm this deals rr. if acy, =Intl ne mJ.r.'� c,.",nant to _t''on 17 of
%x` . d'ys
c :r!s thu w..'2
Laws. t;t:. . ..":3. F .,_,ten
the
ccrtiric hen Of c^.e C;ip Olefk
-.d no -sal hr tout iiied, or trot• li
it h,s be:n .ILmisscd o, denied is recorded in rhe Ecsex
;,Ljry or Cecds ;:nd indes.d ur.ier t•u name or the ownor r; record a0
is receraed and not_d on fire o'.:ner's Cerdficato of title.
BOARD OF APPEAL'
' PIAT PLAN OF LAND OWNED BY ARTHUR MICHAUD
BAYSTATE SURVEYING SERVICES, INC.
1H 61414gf9 234 CABOT ST. , BEVERLY, MASS. ,
SCALE: 1"=10' AUGUST 22, 1989
Note: all offsets shown are approximate
JAMES
SOTIRO °" by tape survey. -
":r,'. No. 26094
STLRE� Q,W
S��H41 LAND SJ
r ,
�3
r
� r
�Fc
I �
�J
Z-sry- wD,
# /0 yz
h
36,85 z,, F =-
_ MALL. ST
a
i
U