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DECISION ON THE PETITION OF JIM MCINTIRE FOR A SPECIAL PERMIT
AT'3 0 SURREY ROAD(rR-1 )
A hearing on this petition was held August 9, 1989 with the following Boarc Members
present: Richard A. Bencal, Vice Chairman; John Nutting, Secretary, Edward '_Jzinski,
Richard Febonio and Associate Member Peter Dore. 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 allow
construction of an addition in this R-1 zone.
The provision of the Salem Zoning Ordinance which is applicable to this reauest
for a Special Pemrit 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 procedure and conditions set forthin 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 careful consideration of the evidence presented, and
after viewing the plans, makes the following findings of fact:
1 . No opposition was presented.
2. There was support by neighbors.
3. The Special Permit requested will promote the safety, and welfare of the
petitioner.
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 may 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.
DECISION ON THE PETITION OF JIM MCINTIRE FOR A SPECIAL PERMIT
AT 10 SURREY ROAD, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
relief requested, subject to the following conditions:
t . Petitioner meet all requirements of the Salem Fire Department relative
smoke and fire safety.
2. All construction be done as per the plans submitted and by legal
building permit.
3. Exterior finishes be in harmony with the existing structure.
4. All construction be done as per the existing City and State Building
Codes.
5. A Certificate of Occupancy be obtained for the new addition.
6. A dry well be placed and maintained on the Property as per the plans
submitted and amended for the meeting.
GRANTED
FTiithard A. Ben a , ice Chairman
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
the Mass. General Laws. Chapter 803, and shall be filed withm 20 days
alter the date of filing, of this decision in the office of the C:ty Clerk.
Pursuant to Mass. General Laws. c._ct:an i L cie variance
er Sp'c-1 Permit rra med herein s.^.r.:! na: take eff:ct until a copy of the
Jecslon, 1)earir.7 the c^_rtificaton of me City Cer;< that 2; clays have
alapsad and no appeal has been t:'ad, or that, !r sucn nup;al has been
filad, that it has teen dismissed or denied is recorded in the South Essex
Registry of Deeds and indexed under the name or Fl,a owner of record or
is recorded and noted on the owner's Certificotu of Title.
BOARD CF APPEAL
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I certify that the structure . is located as shown, did conform
to the Zoning OSS, )4JGE of Som=M at the time of construction and
and is not in a designated Flood Hazard Zone (Comm. No, zsofoZ )
Ref; Deed Bk. G881� Page 462. Plan Boo I< 616 zLAr3 as
NOTE: This plan Is for MORTGAGE and ZONING purposes and does NOT REPRESENT a SURVEY. File No. "50 1
PLOT PLAN OF LAND IN T&M Engineering
SALt+'� - '-' A Td
Associates,Inc.
FOR ]_pHE� T'�ac =NTY�C 83 Pine Street
01960
DATE OcT , zv, 9 69 SCALE I"= Zo Peabody, 5- 328
Z (617)535-7328