57 DEARBORN STREET - HARRISON, CATHERINE & SCOTT - ZBA 57 Dearborn St.
Catherine & Scott
— -- -- - - - Harrison
Ii
s� .
s
frit of ttlem, ttssachusetts
3 puxrb mf Appeal
DECISION ON THE PETITION OF SCOTT R. HARRISON FOR A
SPECIAL PERMIT AT 57 DEARBORN ST. (R-1 )
A hearing on this petition was held Ma�1 8,�1QPGW*,the following Board Members
present: James Hacker, Chairman; Rich B nc ,� ry; Messrs. ,Fleming and
Luzinski. Notice of the hearing was to abutters others and notices of
the hearing were properly published i ,e Salem Evening News in accordance with
Massachusetts General Law Chapter 40A RY " r .' .: .FN,NdSS
-
Petitioner, owner of the property, requests a Special Permit to extend a
nonconforming side setback to allow construction of a single story addition in
the rear and a bay window on the side 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 IXD,
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 considering the evidence presented at the hearing, and
after viewing the plans, makes the following findings of fact:
1 . No support or opposition for the plan was voiced
at the hearing;
2. The proposed addition will enhance the value of the property
and be for the convenience of the-inhabitants;
3. The bay window will add to the aesthetic value of the property.
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 changes wil promote the health, safety,
convenience and welfare of the City's inhabitants;
2. The relief requested may be granted without substantial
detriment to the public good.
' DECISION ON THE PETITION OF SCOTT R. HARRISON FOR A
SPECIAL PERMIT FOR 57 DEARBORN ST. , SALEM
page two
Therefore,the Zoning Board of appeal voted unanimously 4-0, to allow the
construction of an addition at the rear of the present building, subject to
the following conditions:
1 . The addition to be 16' x 14' as per plans submitted;
2. The addition to be no closer than 3''2 feet from the property
line facing lot #27 as shown on the plans;
3. All Salem Fire Department regulations relative to installation
of smoke detectors must be met.
The Zoning Board of Appeal also voted unanimously, 4-0, to allow a bay window,
subject to the following conditions:
1 . The proposed bay window may come no closer than 2112 feet from
the property line of lot #27 as shown on the plans;
2. All Salem Fire Department regulations relative to the installation
of smoke detectors must be met.
SPECIAL PERMIT GRANTED
]chard A. Bencal, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FRO:.: THIS DECISION, IF 0,Y. SHALL BE MADE PURSUANT TO SECTION 31 OF THE
GENERAL -Ai S. CHA"ri ER 523, AN'D SH.-.LL BE F:;ED l"i'.HiiJ 20 DAPS AFTER. THE DATE OF FILiW
OF THIS D C.L`iCiJ Iii THE OFFICE OF THE CITY CLEH.K.
PURSANT TO !—,. . CE:E=4'. LA.:1S, C4'trTER VS. S M N 71. THE 1".'..A?CE C.; ,^'rEOIAL P•_r'11T
GRANTED SHALL t," TA:'E :FECT UNT:L A. C^°/ OF THE 'J.. _cA.,"- THE uiRT-
FICATiDN IF T4 C'ii l" C'_CR . iFIAC [' ;SYS HAV2 EL�i'SE7 "'J itJ F FAL F:;S L'_Cli RL_D,
OR THAT. IF Sd�H RI: A.°F:FL H.4iE:Ei: I9LE,..i:A" ;'T.F—'S 3EEi DS:..:`ED DR DriiICL' IS
RECORDED IN THE SDUiH ESSEX RECiSTRY OF DEEDS AND II'-'EYED U.'iCE? Ti1Ei A%:1 GF Tr:"c C:':"!r
OF RECORD OR IS RECORDED AND NDTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL