5-7 OCEAN TERRACE - MARSILIA, ROBERT & RONALD - ZBA 5-7 ocean Terr,: R-1
Robert & Ronald Marsilia
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DECISION ON THE PETITION OF ROBERT & RONALD MARSILIA FOR
A SPECIAL PERMIT FOR 5-7 OCEAN TERR., SALEM
A hearing on this petition was held on December 4, 198 �witt following Board
Members present: James Hacker, Chairman, Mess�c,ITbaiF , uzinski, Strout and
Associate Member Bencal. Notice of the hearing was sent to abutters and others
and notices of the hearing were properly publiift `#kin the Salem Evening News in
accordance with Massachusetts General Law Chapter 40A,.,� ,;1 KR.KaSS•
Petitioner has requested a Special Permit to allow the conversion of an existing
two family dwelling into a three family dwelling in this 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 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, . -
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, makes
the following findings of fact:
1 . There was no support or opposition to the plan by
neighbors, abutters or others;
2. The property has been used as an illegal three family since
before the petitioner purchased the property over five (5)
years ago;
3. The petitioner did not purchase the property from a family member.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . The relief requested can be granted without creating a substantial
detriment to the public good and without substantially derogating
from or nullifying the intent or purpose of the Ordinance.
DECISION ON THE PETITION OF ROBERT & RONALD MARSILIA FOR
A SPECIAL PERMIT FOR 5-7 OCEAN TERRACE, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously 5-0 to grant the
Special Permit requested, subject to the following conditions:
1 . Five (5) parking spaces must be maintained on premises;
2. The building must have smoke and fire detectors approved by
the Salem Fire Dept. suitable for a building of this type;
3. The property must be owner occupied;
4. A Certificate of Occupancy must be obtained.
SPECIAL PERMIT GRANTED
Richard A. Bencal, Associ to Member
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
k-'FEd FCQ31 Tti1S [S&L`*f:. IF AM, SHALL BE OEADE MM= TO SECIM 17 OF THE 6!1,'•3:
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OF RECORD OR IS RECORDED AND KOTM OR THE OWNER'S C13MRCATE OF TiiT£
BOARD. OF APPEAL
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PLAN OF LAND
IN ATLANTIC ENGINEERING & ���'A OF
3_ SURVEY CONSULTANTS, INC. JOHN B. 9pyN
S R 1-_E- M I Y SS . BROADWAY o PAULSON
33 ' LYNN, MASSACHUSETTS 01904 U No. 31725
SCALE : I"= 10' DATE :)0/1I /85 GISTEF�e��
THIS IS NOT A PROPERTY LINE ON THE BASIS OF MY KNOWLEDGE, A.-
"uSUmFy
DETERMINATION. THE SETBACK INFORMATION AND BELIEF I
DISTANCES SHOWN HEREON ARE TO CERTIFY THAT THE STRUCTURES
INDICATE THE LOCATIONS OF PROPOSED ARE LOCATED AS SHOWN, AND
OR EXISTING STRUCTURES ONLY AND ARE THAT THE SETBACK DISTANCES
} NOT TO BE USED TO ESTABLISH LINES SHOWN ]TREON WERE THOSE
FOR FENCES, SHRUBS, ETC . RECORDED AT THE SITE.
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