40 DANIELS STREET - BRAMBLE, ROBERT C - ZBA AO Daniels St. R-2
Robert C. Bramble
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DECISION ON THE PETITION OF ROBERT BRAMBLE FOR A SPECIAL PERMIT FOR
40 DANIELS STREET, SALEM, MASS. CITY U. 'if irF
A hearing on this petition was held on July 25, 1184 with the following Board
Members present: James Hacker, Chairman; Associate Member Richard A. Bencal,
Secretary, Scott Charnas, Messrs. Gauthier & Luzinski. 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 40 A.
The petitioner, owner of the premises, requests a Special Permit to allow him to
constru,:t an extension of a non-conforming building.
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:
Nonwithstanding 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 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 and
viewing the plans, invokes the following finding of fact:
1. One neighbor opposed the plan on the ground that her
view of the ocean would be blocked by the proposed deck;
2. Petitioner agrees to alterthe petition to minimize that
neighbor's complaint;
3. As so altered, the plan will not substantially affect the
health, safety or welfare of the neighborhood.
On the basis of the above findings of fact, and on the evidence presented at
the hearing, the Board of Appeal concludes the following:
PETITION OF ROBERT BRAMBLE FOR A �.
SPECIAL PERMIT FOR 40 DANIELS STREET, SALEM
page two
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84 AUG -�, Air!
1. Petitioner's plan as altered will not be substantially detrimental
to the public good; CITY :•L'_ ` '•-F'I-E
2. The plan as altered does not substantially derogate from or
nullify the intent and purpose of the Ordinance.
Therefore the Board of Appeal voted unanimously to grant the requested
relief, provided that!
1. The southwest portion of the proposed second and third floor
decks be reduced by 2 feet from the plans as originally sub-
mitted to the Board; •
2. A Certificate of Occupancy be obtained prior to occupancy to
any of the units;
3. A.C. electrical type smoke detectors shall be installed within
all occupied units, and a Certificate of Compliance be obtained.
Scott E. Charnas, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FROM THIS DEEIMN, I: ,NY, SHA!.L BE h1ACE PDR"HA.NT TO SECTION 17 OF THE iJ.ASS.
GEi`_PAL LA:{S, Cr;AP:':I; 3OS, ANJ SH11L 5E F I'D 5;'?tIN 20 DA(. AFER THE DATE OF FILING
OF T'H!G DECISION C: THE oh:CE EF T;iE CITY CLERK. c ra roP,
..RAI Ir Cil::°T:"P, S03. S-ui"d 11 THE VA11M.C_ OR P THE 11T
GRANTED H nElt. SH?:LL Fl:J T„.LE EFFECT V11L A CO.Y i;F THE_EI,..:.�::, EE.” .4"E,. .. C-Ri-
FICATION OF THE CIT'i CLERri THAf 2O D;:ls HA' ELAPSED A'V'J IM AFP-_A1_ HAS ..a FILED,
OR THAT, IF S'W'N AN' APPEAL HAS BEEN FILE. THAT IT HAS BEEN DIS`iDSSED OR CEid.ED IS
RECORDED IN THE. SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NA.1E OF THE OWiIER
` DF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
I' BOARD. OF APPEAL
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