1 HOLLY STREET - LEHMAN, MICHAEL & KAREN - ZBA 1 "Holly St. R_3 - —
Michael & Karen Lehman
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DECISION ON THE PETITION OF MICHAEL & KAREN LEHMAN FOR A
SPECIAL PERMIT AT 1 HOLLY ST.
A hearing on this petition was held August 27, 1985 with the following Board Members
present: James Hacker, Chairman; Messrs. , Bencal,Fleming, Luzinski and Strout.
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 40A.
Petitioners, owners of the property, are requesting a Special Permit to extend non-
conforming rear setbacks to allow construction of a deck in this R-3 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 IY. 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 that the existing 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 and after
viewing the plans, makes the following findings of fact:
1 . There was no neighborhood opposition;
2. Current dwelling unit is very small and the addition of a deck would
be a major improvement to its inhabitants and will not cause any
detriment to the abutters.
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 addition will promote the convenience and welfare
of the City's inhabitants and will be in harmony with the district;
2. The relief requested can be granted without substantial detriment or
without nullifying or substantially derogating from the intent or
purpose of the Ordinance.
~DECISION ON THE PETITION OF MICHAEL & KAREN LEHMAN FOR
A SPECIAL PERMIT FOR 1 HOLLY ST. , 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 . There be no exterior stairway;
2. A Certificate of Occupancy/Inspection be obtained;
3. Deck is to be constructed as per plans submitted and is must not
encroach more than 2 feet from the rear property line;
4. A legal building permit be obtained.
SPECIAL PERMIT GRANTED
"
�amesg. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
AFPEAL FP,Cd:1 THIS DMS;C%, I' A::Y. SHALL BE "ADE PI;RSWIT TO S"--:Or; 17 OF
GE',-RAL LAI':S, CH;.F1-R L__. AND SHALL 5= F;LED 2C DAYS THE DATE OF :;D-S
OF THIS DECISION IN THE .,:n : OF THE CITY CLERK.
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OF RECORD OR IS RECORDED AND ED ON THE OfiXERS CER-iIFICk�E GF Ti-1 E.
BOARD OF APPEAL