4 MOFFATT ROAD - MAGUIRE, MARILYN - ZBA 4 Moffatt Rd. R-1
Marilyn Maguire
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of Salem, ttssuchuset% IO 44 Ge '87
of 4PrA FILE*
CIIYCLEFX.SAi
DECISION ON UM PETITION OF MARILYN MAGUIRRE FOR
A SPECIAL PM41T FOR 4 MOFFATT ROAD (R-1)
A hearing on this petition was held on August 5, 1987 with the following
Board Members present: James Hacker Chairman; Messrs., Bencal, Fleming,
LnZinski and Labreque. 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 the provisions of Massachusetts General
Laws Chapter 40A.
The petitioner, represented by Attorney George Vallis is the owner of the
property and is requesting a Special Permit to extend a non-conforming
rear setback to allow construction of an addition at 4 Moffatt Road.
Petitioner is proposing to erect a family roan to the rear of the existing
dwelling which will be less than the required 30 feet from the rear lot line.
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 Section VIII F and IX D,
grant Special Permits for alterations and reconstruction of noncon-
forming 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 that 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 Pennit 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, makes the following findings of fact:
1. There was no opposition to the petition.
2. The petitioner has discussed the planned addition with her
abutters and others.
3. The petitioners lot is larger than the average lot in the
neighborhood.
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
to the neighborhood;
~ DECISION ON THE PETITION OF MARILYN MAGUIRE FOR
A SPECIAL PERMIT FOR 4 MDFFATT ROAD
PAGE T90
2. The relief requested can be granted without nullifying or
substantially derogating from the intent of the district or the
purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5 - 0 to grant
the Special Permit requested under the following terms and conditions:
1. The petitioner must oily with the requirements of the Salem. '
Fire Department relative to fire safety.
2. The petitioner must obtain a building permit from the Building
Inspector, City of Salam, and must comply with the provisions
of Massachusetts Building Code.
3. The addition must be constructed as per the plans that were
submitted and as amended at the public hearing, leaving a
setback of not less than 18.26 feet from the rear yard line
4. The petitioners, and her successors in title, agrees to hold
harmless the owners of the existing drain easement, as shown
on the submitted plans, if the owners of said easement need
access to the easement.
SPECIAL PERMIT GRANTED
i
James M. Fleming, Esq.
Vice Chairman, Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AMID THE
CITY CLERK
APPEAL FROM! THIS DPCISION. IF ANY, SRAL L BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LAWS, CHAPTER E^8. AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILOr'G
OF THIS DECISION i;I THE Oi FI,'.E OF THE CITY CLERK. -
PURSA.`iT T_ ACS. C-,'FA'. °i5, CHAPTER 808, SECTION 11_THE VARIANCE OR SPE"H', P-
.. THEDECiSION, "c E:. _ ..
GRA,:-[D HEF:c��.:, SH•'.i_ :c-: 7:`_KE EFFECT UNTIL A CCPI' OF
FICATI,N �F 'H3 GIT i ;;ER :::Ai 2C DAYS HAVE ELAPSED AND M? AFPEAL HAS E':
OR ".HAT. ii S:'. H Afi AF7E'L P.dS BEEN FILE, THAT IT HAS ECEN DIS'.IISSED OR ^_' d,=0 lit
RECD:C'D It: ?HZ S`';i:h ELSc REGISIRY OF DEEDS AND INDEXED UNDER THE NA6:E OF TF;: ..
OF RECORD OR IS Ri ZROED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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