36 JAPONICA STREET - JINKS JR, PATRICK F - ZBA 36 Japonica St. R-2
Patrick F. Jinks Jr.
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36 Japonica St. R_2
Patrick F. Jinks Jr.
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DECISION ON THE PETITION OF PATRICK JINKS JR. FOR FILE-n'.
A SPECIAL PERMIT AT 36 JAPONICA STREET (R-2)
ATY
A hearing on this petition was held July 19, 1989 with the following Board Members
present: James Fleming, Chairman; Messrs. , Bencal, Febonio, Luzinski, and
Nutting. 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.
Petitioner, representing himself, is the owner of the property and is requesting
a Special Permit toconstruct decks on the first and second floors at 36 Japonica
Street. The locus is in an R-2 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 alteration and reconstruction
pf nonconforming structures, and for changes, enlargement, extension or expansion
of nonconforming lots, land, structures, and uses, provided, however, that such
change, extension, expansion or enlargement 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.
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 at
the hearing, and after viewing the plans, makes the following findings of fact:
1 . There was no opposition to the petition.
2. The decks will be in harmony with the neighborhood and will add to
the petitioner's enjoyment of the building.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . The petitioners plan will promote the public health, safety, convenience
and welfare of the City's inhabitants and will be in harmony with the
present structure.
DECISION ON THE PETITION OF PATRICK JINKS JR. FOR
SPECIAL PERMIT AT 36 JAPONICA STREET, SALEM
page two
2. The relief requested can be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent of the district or the ourpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
relief requested, subject to the following conditions:
1 . Petitioner comply with all requirements of the Fire Department.
2. All construction be done as per all existing City and State Building
Codes and by legal building permit.
3. All construction be done as per the plans submitted and as per the
dimensions submitted.
SPECIAL PERMIT GRANTED
James M. Fleming, Esq. , airman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
A,oce?i from this der.is:on, if env, shall bo made pursuant to Section 17 of
Vie Mass. General La.vs. Ch,-pter SOS. and sha!l be filed within 20 days
after the date of fillna, of this decison m the oifice of the Cdy Clark.
. _ suapt to Ma's. General Lavas. Cli.'�; �iq3. Seciron I1, u1c Variance
or,.;pedal Permit Craned herein sMa cwt take effect until a copy of the
:'eCaion. bearing the ceridlcation m the City Clerf< th;:t 20 days have
e!::psed and no appeal has been filed. or that, If such appeal has been
Med, that it has been dismissed or :enied is recorded in the South Essex
Registry of Daeds and indexed under the name or the owner of record or
Is (ecorded and noted on the owner's certificate of Title.
BOARD OF APPEAL