42 MARCH STREET - SANTO, JMAES D - ZBA '42- March St . R-2
James D . Santo
ac
Qk
�z
AUG Zl 3 01.1 6
,= ON of �ttlem, ttssttc�j�zs����
OMTa of
C1rY C.` " c . _g�S.MASb
� JP211
DECISION ON THE PETITION OF JAMES D. SANTO FOR A
SPECIAL PERMIT FOR 42 MARCH ST. (R-2)
A hearing on this petition was held August. 20, 1986 with the following Board Members
present: Edward Luzinski, Acting Chairman; Messrs. , Bencal, Strout and Associate
Member Dore. 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, requests a Special Permit to extend nonconforming
density and side setback to allow construction of a two story addition in this
R-2 district.
The provision of ...e Salem Zoning Ordinance which is applicable to this request
for a Special Peruit 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 Section VIII F and IX D,
grant Special Permits for alterations and reconstruction of
nonconforming structures, and for changes, enlargement, ex-
tension or expansion of nonconforming lots, land, structures,
and uses, provided, however, that such change, extension, enlarge-
ment 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 request,
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. No one appeared in favor;
3. The proposed addition would add to the convenience of the owners.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
1 . The proposed addition will not be substantially detrimental to the
neighborhood and will not derogate from the intent or purpose of the
Ordinance;
2. .The proposed addition will be in harmony with the district and will
promote the public health, safety, convenience and welfare of the
City's inhabitants.
DECISION ON THE PETITION OF JAMES D. SANTO FOR A
SPECIAL PERMIT FOR 42 MARCH ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the
Special Permit requested to allow a two story addition, subject to the following
terms and conditions:
1 . A legal Building Permit be obtained prior to construction;
2. The proposed addition be approximately one ( 1 ) foot from the
southwest side of the property line;
3. The overhang be no closer than six (6) feet four (4) inches from
March Street;
4. Addition to be built in accordance with plans submitted;
5. A Certificate of Occupancy must be obtained;
6. Property must comply will all regulations relative to installation
of smoke detectors
7 . Addition is to be used as dining room and study.
SPECIAL PERMIT GRANTED
Peter Strout, Member, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FRO!d THIS DECISION, IF ANY, SHALL BE h1.4DE PURSUANT TO SECTI3!1 17 Or THE N":''S.
G EiiERAL L5\':S. CH SPTER EO°. AN", FiL BE FILED C.'1TP.:N 2D DAYS AFTER THE DATE OF F!iC;G
CF TH:S DE::!SIO iJ IN THE OFFI,E OF THE GIT'( CLERK.
c S, C'.PIER 9O3 ^.CT. '1 iH� ..
P - .T CE .. c
I -,:E E rc� U'.TL A rC°) Of
TI 6 ' _ Ih ERT'
7.
D�4: F.�c r P.-: 1 A r 5:.. r _ IJ
r. F e il, r Pr 4. r'.S J r Lc, i i IT F .% .c OF lnc 0'i:
- ,.c Ccc S "0
R r.....0 I Itic o" -.� c yr RE lri ., - TITLE.
OF ACCORD OR IS RCS=(;DED AND IvD ILL Oi: THc OWNER CERriF C4 c C
BOARD OF APPEAL
i
r 1
i
4
£� IS 7/,u G /,vG
Ge72J9
c 12410 T ---��
i
cc7 � J7
St F 3!
7S5 4 S�
e X 15 7/,ll G
DW
r i
OF 61.4
I
If
K op o �02� RO "ERT' (yG�
i4 4 i BN. 1MAN 1 �'
ADD I7/0.0 U ddd
i 888 ; a�
a
a "
� I F,CIST1IJ� ��JcI.0 � ('G ' � '?s 'RfcISTCRE�ea`"
i IN �. ���kAVLA��S
0
v - Is. c,
2 Jt
's7sE J _
til R C S l E 7 P� 19ti o f )9A/L)
iWcpE /L ti/ G f
J.9/YES G /I/I TG'
id 1110yC. , /9�V,
C'(/Q W--
414