40 DERBY STREET - SOUCY, GLENN & SANDRA - ZBA 40 Derby St. R_2 � L
Glenn & Sandra Soucy
we
CX%
CC�
�b
fl�ity of ,-$ttlem, �fttssacllusef#s
3 � -
'� 9 �gnxrb of �FpPttl JUL 6 Z 43 PH
��IMMI�
DECISION ON THE PETITION OF GLENN E. & SANDRA J. SOUCY FOR A FILE#
SPECIAL PERMIT AT 40 DERBY STREET (R-2) CITY TUAK.*A,44t;.Agyp{;
A hearing on this petition was held on June 29, 1988 with the following Board
Members present, James Fleming, Chairman, Richard A. Bencall, Vice Chairman;
John Nuttin4, Secretary; Edward Luzinski and Associate Member Arthur LaBreque.
Notice of the hearing was sent to abutters and others and notice of the hearing
were properly published in the Salam Evening News in accordance with the
Massachusetts General Laws Chapter 40A.
The Petitioners, owners of the property, request a Special Permit from set back
requirements and lot coverage to allow construction of a deck and swimming pool
in this R-2 Zone.
The provision of the Salam Zoning Ordinance which is applicable to this request
C
or 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, 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 make the following finding of fact:
1. The deck and pool have already been built without legal permits for
either one.
2. The deck and pool as they exist now are a hardship on the neighbors,
abutters and others.
3. The deck, as now constructed is only 27 inches from the property line.
4. The pool, as now constructed is only 16 inches from the property line.
5. Because of the closeness to the rear lot line the quality of life for
the abutters, directly behind the property, has been adversely affected.
6. The property in question is in a Historic District and no certificate or
approvals have been obtained for the Salem Historical Camussion.
7. The property in question is small, only approximately 1900 square feet.
r
DECISION ON THE PETITION OF GLE'a] E. 6 SANDRA J. SOUC'Y FOR
A SPECIAL PERMIT AT 40 DERBY STREET, SALEM
PAGE TWO
8. Neighbors, abutters and others either spoke in opposition or sent
correspondence in opposition.
9. A petition, signed by abutters and others, was presented in favor, also,
some of these same persons spoke in favor.
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 relief requested would be substantially more detrimental to the
public good than the existing nonconforming use to the neighborhood.
Therefore, the Board of Appeal voted 3 in favor (Messers_ Fleming, Nutting,
and Tabreque) and 2 opposed (Messers. Bencal and Luzinski) . Due to the failure
of the petitioner to have 4 votes in favor the petition is denied.
DENIED
13ichard A. Bencal, Vice Chairman
A COPY OF THIS DECISION HAS BEEN FIT WITH THE PLANNING BOARD AND THE CITY CLFRK
A�oE., .__•r ar.c ,. ...,. .4;Lr 7 P,.7.....i T^ 17 OF Ti4-
OF RE, Ru UR Id R."i;DEU Af::7 ,...]CR3 CERTIFICrTE Cr 11,E.
BOARD OF APPEAL
MON i"GAGE INSPECTION
BAY STATE SURVEYING SERVICE INC.
234 CABOT ST., BEVERLY, MA.
LOCATION NOTES SALEM q 55-
f M.. i.. .......... ........
SCALE I = ZO FT. DATE : _ ? • This is a Mortgage inspection survey and not
REFERENCE
1zan instrument survey, therefore this plot plan is for
� .C3K . ./✓.7`( I _P� ._..5.�..............
mortgage inspection purposes only.
• This survey is based on survey marks of
To VEAL ;._ others.
Y •<<Gbr�. � • Bushes, shrubs, fences and tree lines do
I hereby certify that I have examined the premises and that the
building not necessarily indicate property lines.
g (s) shown on this plan are located on the ground as
shown and that they conformed to the zoning setbacks of the k • The buildings) are not located in the sped.
LM__._ __ when constructed, flood hazard zone, as defined by H.U.D.
z� VarE; /vJS� I S APP2o} �cLp TrprJ k fl eEq /5 i.J F/oaa
ZonJ�
aY "T`i4,Pc SJl�Vr y �NJ7�.
SJ2✓c/ RC�OrnMC-NDCO F-C/2
T Lzitno� of sTaL-k-Tv,ac
38 '
C100
4 h
W
� Io
W
L
Q z SN-wo
�.
38'
6 D�Ry ST
OFFSET IS
i +-,)R LESS AN INSTR, SURVEY IS
PECCYIEI•iENDED TO DETERMINE
'UNES.
8 _ g
CITY OF SALEM - MASSACHUSETTS
KEVIN T. DALY Legal Department LEONARD F.FEMINO
City Solicitor 93 Washington Street Assistant City Solicitor
508-745-0500 Salem,Massachusetts 01970 508-921.1990
June 14, 1990
Salem Board of Appeals
One Salem Green
Salem, MA 01970
in re: Glenn E. Soucy, et. al. vs. Salem Board of Appeals
Docket No. 88-1905
Dear Honorable Members of the Board:
Please be advised that the above-mentioned case was
called for trial on June 15, 1990. The Plaintiff has
decided to dismiss the case, since the Board did later grant
a special permit and Mr. Munroe was able to work with
Plaintiffs regarding an alternative solution to the issue at
hand.
If you have any questions, please feel ,free to
contact me at your convenience.
Very truly yours,
`��
Akdw
_
Leonard F. Femino
LFF/sbh
cc: William Munroe
Kevin T. Daly, Esq.
thi 1V tits g 91 NSC
a �
1�diia
9d
Salem Hisr®ricai Commission
ONE SALEM GREEN.SALEM, MASSACHUSETTS 01970
(617) 745-9595, EXT. 311
NOTICE OF DENIAL OF APPLICATION FOR A CERTIFICATE OF
NON-APPLICABILITY
RE: 40 Derby Street
On Wednesday, June 6, 1990, the Salem Historical Commission
unanimously denied an application for a Certificate of
Non-Applicability from Glenn and Sandra Soucy for their property
at 40 Derbu Street regarding the installation of a deck and
landing. The application was denied due to the deck and landing
as installed is partially visible from the public way and
therefore must be applied for under a Certificate of
Appropriateness . I attest that this is an accurate record of the
vote taken, not amended or modified in any way to this date . The
Commission requires that an application for a Certificate of
Appropriateness be filed within 30 days .
June 7, 1990
Jane —Gy
Cle of the Co ission
cc : Building Inspector
City Clerk
Board of Appeal
Minutes/Denial3
���' � P��`�C
eel
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. THE TRIAL COURT
SUPERIOR COURT DEPT.
CIVIL ACTION
NO. 88-1905
GLENN E. SOUCY AND )
SANDRA J. SOUCY, )
PLAINTIFFS )
VS ) NOTICE OF WITHDRAWAL
OF APPEARANCE
JAMES M. FLEMING, RICHARD A. )
BENCAL, JOHN R. NUTTING, )
EDWARD LUZINSKI, PETER STROUT, )
AND ARTHUR LaBRECQUE as they )
constitute the BOARD OF APPEAL)
OF THE CITY OF SALEM, )
DEFENDANTS )
To the Clerk of the above named court :
Kindly enter my Withdrawal as attorney for the
defendant members of the Salem Board of Appeal in
the above matter. This notice is to be accompanied
by the Appearance of Successor Counsel as provided
for by Mass. Rules of Civil Procedure 11 (c) .
jM' hael E. O' Brien, Esq.
81 Washington Street
Salem, MA 01970
Telephone (508 ) 744-3363
BBO#376035
Dated: January 2, 1990
.Certificate of Service
I, Michael E. O'Brien, hereby certify I served the
attached Notice of Withdrawal upon all parties to this action
by causing a copy of the same along with a copy of the Notice
of Appearance of Successor Counsel to be forwarded first
class mail, postage paid, to the following:
Leonard F. Femino, Esq. James A. Peterson, Esq.
1 School Street 81 Washington Street
Beverly, MA 01915 Salem, MA 01970
City of Salem
Board of Appeal
One Salem Green
Salem, MA )1970
I further certify to the best of my knowledge there
are no motions now pending before this court and no trial
date has been set.
1
Signed under the pains and penalties of perjury this
day of January, 1990 .
is ael E. O' Brien -
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. THE TRIAL COURT
SUPERIOR COURT DEPT.
CIVIL ACTION
NO. 89-1905
GLENN A. SOUCY, AND )
SANDRA J. SOUCY, )
PLAINTIFFS )
VS ) NOTICE OF APPEARANCE
)
JAMES. M. FLEMING, RICHARD A. )
BENCAL, JOHN R. NUTTING, )
EDWARD LUZINSKI, PETER STROUT, )
AND ARTHUR LaBRECQUE as they )
constitute the BOARD OF APPEAL)
OF THE CITY OF SALEM, )
DEFENDANTS )
To the Clerk of the above named court:
Kindly enter my Appearance as attorney for the
defendant members of . the Salem Board of Appeal in
the above matter.
eonard F. Femino, Esq.
One School Street
Beverly, MA 01915
Telephone (508 ) 921-1990
Assistant City Solicitor
Dated: January 2 , 1990
4Aa
- ! � fix.,- /�(�•�'� _ � �G L i
74
f - = - m ,ie .
ld4o
-- � - s 6d
.. � 4 . . _ v / --` /l��A�J�A/✓.�v '//��L/✓�I^�JV�-L'���'�y'-'-/�J]. ((-y/'/�-AiL//r�
�� �J� _
\ � a �.
• , .,\ • 1
_ S \ i � S ,
S�
.. f �'� __._ .
i
'�'3
1 - � _ - `. '� � .
S
._ �t \ � 1 Z
4 , ` A
s
r � �
t
. ` .
_ _ _ . _ _ 'a _-.... ..� _. � ��.. . ._ . . .. . _.tx.i _. .. .-..a.. � ate. �.� � _ ._
-r-'�...
- �
r •\ Yyl w �
* .
_ _ _ .__ ._ � _.._._�_.._� ... . _ _ __ _ _ �'_ .�- ... ` A s v.l
_ ���._..��. �- .�. ___ � ,. �... _ _ a __3 ... _. e _ � . . , ..
t \
-�-.� ��..� _. _.a _.�_. �-._._ �-_... -.� _...�::_ ....+i.�s�. s+�. i' .�.L�+ .kms ..J�.� -� ...�
+\
1 � _ Y �
kr
' Y
1
1
A77to- - . QaO�osu CD�wu ��d /� �su�Lci
t
7!6
76_p
t~ �
�_ � _ .� _ .. _fes - .-
��. ��� i tea.� � ��r��r �.. �T — r r .� � a.0 •.� .�
k
k �
� .
��__ �.� �.��. .�....� - - --_- .... �. � --+-r-�-.rte-.r-a�. -}�. � _
J
?' 1,
�� ���
�_ _. __ _ _ _W _ _ � �. � __ _ _ _ _ _ _
�t
i
� jq
F`
\ I
•`
.`