30 SHORE AVENUE - BUILDING INSPECTION 30 SHORE AVENUE
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DECISION_06:THE_PETITION OF NARK JALBERT FOR A SPECIAL PERMIT AT 30
SHORE AVENU�(R--1)�
A hearing on this petition was held June 3, 1992 with the following
Board Members present: Richard Bencal, Chairman; Richard Febonio,
Edward Luzinski, Francis Grealish Jr. , and Stephen Touchette. 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, owner of the property, is requesting a Special Permit to
extend nonconforming side setback to allow construction of a deck in
this R-1 district.
The provision of the Salem Zoning Ordinance which is applicable to this
request for a Special Permit is Section 5-3(j ) , 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 8-6 and 9-4, 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 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 this petition.
2. The granting of this Special Permit would enhance the quality of
life for the petitioner.
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DECISION ON THE PETITION OF HARK JALBERT FOR A SPECIAL PERMIT' AT 30
SHORE AVENUE, SALEM GM 17
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On the basis of the above findings of fact, and on the evidence
presented, the Board of Appeal concludes as follows:
1. The Special Permit 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 purpose of the
Ordinance.
2. The granting of the Special Permit requested will promote the public
health, safety, convenience and welfare of the City' s inhabitants and
may be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant
the Special Permit requested, subject to the following conditions:
1. Petitioner shall comply with all City and State statutes,
ordinances, codes and regulations.
2. All construction shall be done as per the plans and dimensions
submitted.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4. A legal building permit is to be obtained.
SPECIAL PERMIT GRANTED
June 3, 1992
Stephen C. Touchette, Member
Board of Appeal
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DECISION ON THE PETITION OF MARK JALBERT
FOR A SPECIAL PERMIT AT 30 SHORE AVENUE, SALEM
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A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE
CITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17
of MGL Chapter 40A. , and shall be filed within 20 days after the date of
filing of this decision in the office of the City Clerk. Pursuant to
MGL Chapter 40A. , Section 11, the Special Permit granted herein shall
not take effect until a copy of the decision bearing the certification
of the City Clerk that 20 days have elapsed and no appeal has been
filed, or that, if such appeal has been filed, that it has been
dismissed or denied is recorded in to South Essex Registry of Deeds and
indexed under the name of the owner of record or is recorded and noted
on the owner's Certificate of Title.
Board of Appeal