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DEC ISION.ON_THE_PET.ITION OF WILLIAM & DONNA WHOLLEY FOR A SPECIAL PERMIT
AT 8 WEST TERRACE (R-1))
A hearing on this petition was held November 29, 1989 with the following
Board Members present: James Fleming, Chairman; Richard Bencal, Vice-
Chairman; John Nutting, Secretary; Richard Febonio, Associate Member
LaBrecque. 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, requests a Special Permit to extend
non-conforming side setbacks to allow construction of a bathroom at 8 West
Terrace (R-1) .
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 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 the petition.
2. The proposed addition will enhance the petitioners quality of life.
On the basis of the above findings of fact, and on the evidence presented,
the Board of Appeal concludes as follows:
1. The grant of the Special Permit will promote the safety, convenience
and welfare of the City's inhabitants.
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 purpose of the Ordinance.
DECISION ON THE PETITION OF WILLIAM & DONNA WHOLLEY FOR A SPECIAL PERMIT
AT 8 WEST TERRACE (R-1)
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the
Special Permit requested, subject to the following conditions:
1. Petitioner must comply with all requirements of the Salem Fire Dept.
2. All construction be as per the plans submitted.
3. All construction be done by legal building permit.
4. Petitioner obtain a Certificate of Occupancy.
5. addition be built in harmony with the existing structure.
GRANTED
Richard T. Febonio, Board Member
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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BOARD OF APPEAL'
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To: City of Salem / Collector's Office From: Public Property Department
Date:
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RESPONSE:
ate:
Signature: D
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ROBERT J. SWAJIAN & ASSOCIATES, INC.
INSURANCE ADJUSTERS
161 SOUTH MAIN STREET
MIDDLETON,MA 01949
TELEPHONE(508)777.1400
FAX(508)777.2255
FORM OF NOTICE OF CASUALTY LOSS
TO BUILDING
UNDER MASS. GEN. LAWS, CH. 139, BEC. 36
TO: Building Commissioner or Board of Health or
Inspector of Buildings Board of Selectman
CITY (TOWN) HALL CAME
S•¢LP�raddresses
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PROPERT.7 ADDRESS: S� �E5 �P�s.411
POLICY NO: l� �7'� �9�D 72 3 ,
LOSS OF: (:
FILE OR CLAIM NO: 2 T S
Claim has been made involving loss , damage or destruction of the
above captioned property, which may either exceed $1 ,000.00 or
cause MASS. Gen. Laws , Chapter 143. Section—A to be applicable.
If any notice under Mass , Gen. Laws . Chapter 139 . Section n is
appropriate please direct it to the attention of the writer and
include a reference to the captioned insured, location, policy
number, date of loss, and claim or file number.
ADJUSTERS
TITLE:
On this date, I caused copies of this notice to be sent to the
persons named above at the addresses indicated above by first class
mail .
\f f? Robert J Swaji n, Adju ter
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BUTTERWORTH & O'TOOLE, INC.
P.O. BOX 8294
SALEM, MA 01971-8294
ADJUSTERS/APPRAISERS
FOR INSURANCE COMPANIES ONLY
TELEPHONE (978)741-5731 FAX (978)740-9109
April 20, 2001
FORM OF NOTICE OF CASUALTY LOSS TO BUILDING
UNDER MASS . GEN. LAWS, CH. 139, SEC. 3B
TO: Building Commissioner or Board of Health or
Inspector of Buildings Board of Selectmen
City/Town Hall City/Town Hall
ADDRESSES
Salem, MA 01970 Salem, MA 01970
RE: Insured: William Wholley
Address : 8 West Terrace
Salem, MA 01970
Policy No . : HP1490723
Loss of: 03/30/01
File or Claim No. : 17-0852
Claim has been made involving loss, damage or destruction of the
above captioned property, which may either exceed $1, 000. 00 or cause
Mass. Gen. Laws, Chapter 143, Section 6 to be applicable . If any notice
under Mass. Gen. Laws, Ch. 139, Sec. 3B is appropriate, please direct it
to the attention of the writer and include a reference to the captioned
insured, location, policy number, date of loss and claim or file number.
If no reply is received from your office within ten days, we will
assume you have' no liens of any type against this property and we will
recommend to the insuring company that this claim is paid.
David Vincent
Adjuster