6 OAKVIEW AVENUE - GAUTHIER, SUSAN - ZBA 6 Oakview Ave. R-1
Susan Gauthier
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,. Ti#v of ttlem, ttsstzchusetts
s• .ss Poarb of �p}teul
DECISION ON THE PETITION OF JAMES & SUSAN GAUTHIER FOR A
SPECIAL PERMIT FOR 6 OAK VIEW AVENUE
A hearing of this petition was held March �b n862wtOkPRIJSfollowing Board
Members present: James Hacker, Chairman; essrs. , Bencal, Charnas, Luzinski
and Strout. Notice of the hearing was se*Lt(# abutters and others and notices
of the hearing were properly published in the Salem Evenin NNews in accordance
with Massachusetts General Laws Chapter 401ILTYCL`_` °' 1! EM S.
Petitioners, owners of the property, are requesting a Special Permit to extend
an already nonconforming side setback in order to construct an addition in this
R-1 district.
The provisions 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, lands, 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 careful consideration of the evidence presented at
the hearing, makes the following findings of fact:
1 . There was no opposition presented to the plan;
2. A number of neighbors either spoke in favor or sent letters
favoring the granting of this Special Permit.
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 plan will not be substantially detrimental to
the neighborhood;
2. The proposed addition will be in harmony with the district and will
not substantially derogate from the intent of the Ordinance.
DECISION ON THE PETITION OF JAMES & SUSAN GAUTHIER FOR A
SPECIAL PERMIT FOR 6 OAK VIEW AVENUE, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously to grant the Special
Permit requested on condition:
1 . Plans are provided for approval to the Fire Prevention Bureau
prior to the issuance of a building permit, showing any changes and/or
modifications to the smoke detector configuration which may be
necessary.
2. A Certificate of Occupancy be obtained.
SPECIAL PERMIT GRANTED
James B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND CITY CLERK
APPEAL FROM, THIS DECISION, IF ANY. SHALL BE MADE PURSUANT TO SECTION 17 OF THE MJ=S.
GENERAL LAWS. CHAPTER 805. AND SHALL BE FN ED VliTHIN 20 DAYS AFTER THE DATE OF FILNJG
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSANT TO :,:ASS. GENERAL LA83, CHAPTER 808, SECTION 11., THE VARIANCE OR SPECIAL PERMIT
CRA_':TEu HERSI., SHALL NDS 'I':,E EFFECT U:.TiL A COPY OF THE DF.CiSICi!. SFARiI" THE CMP
FICAT'Yl OF THE CiTi CLERK THAT 20 DAYS HAVE AND NO APPEAL HAS EzEN FILED,
OR THAT, IF SUCH AN APPS' HAS BEEN FILE. THAT. IT HAS BEEN DiSIMSSED OR DU ED IS
RECORDED IN THE SSU-iH ESSEX REUISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
January 13, 1986
Memorandum: Retarding the proposed house addition at 6 Oak View Avenue, Salem, MA
TO: City of Salem Planning Department
From:
Mrs. Dorothy Rioux a8 Oak View Avenue Salem, MA
We, the undersigned, being direct abutters to Mr. & Mrs. James R. Gauthier,
have no objection or reservation to their proposed addition to the house
located at 6 Oak View Avenue, Salem, PA.
L
January 13, 1986
Memorandum: Regarding the proposed house addition at 6 Oak View Avenue, Salem, PM
TO: City of Salem - Planning Department
From: Mr. & Mrs. Edward Urbanski 8 Intervale Road Salem, MA
We, the undersigned, being direct abutters to Mr. & Mrs. James R. Gauthier,
have no objection or reservation to their proposed addition to the house
located at 6 Oak View Avenue, Saler, IIA.
January 13, 1986
Memorandum: Regarding the proposed house addition at 6 Oak View Avenue, Salem, MA
TO: City of Salem - Planning Department
From: Mr. & Mrs. Paul Erwin 6 Intervale Road Salem, MA
We, the undersigned, being direct abutters to Mr. & Mrs. James R. Gauthier,
have no objection or reservation to their proposed addition to the house
located at 6 Oak View Avenue, Salem, MA.
GG�
January 13, 1986
Memorandum: Regarding the proposed house addition at 6 Oak View Avenue, Salem,,MIA
TO: City of Salem -. Planning Department
From: Mr.. Louis Xanthaky 484 Loring Avenue Salem, MA 01970
We, the undersigned, being direct abutters to Mr. & ,1rs. James R. Gauthier,
have no otiiection or reservation to their proposed addition .to the house
located at 6 Oak View Avenue, Salem, tiA.
January 13, 1986
Memorandum: Regarding the proposed house addition at 6 Oak View Avenue, Salem, MA
TO: City of Salem Planning Department
From: Mr. & Mrs Stamos 466 Loring Avenue Salem, MA
4,e, the undersigned, being direct abutters to Mr. & Mrs. Janes R. Gauthier,
have no objection or reservation to their proposed addition to the house
located at 6 Oak View Avenue, Saler, I•;A.
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