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DECISION ON THE PETIT-ION.OF EDWARD & JANE O'CONNELL FOR A
SPECIAL PERMIT AT . (R-2)
A hearing on this petition was held June 27, 1990 with the following Board
Members present: Richard Bencal , Chairman; Edward Luzinski , Vice Chairman;
Joseph Correnti , Secretary, Richard Febonio and Mary Jane Stirgwolt. 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 allow
an existing porch to be replaced and to construct a new deck off the third floor,
in this R-2 district.
The provisions 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 . All abutters of the premises were notified of this petition before the Board.
2. There was no opposition to the petition during the public hearing portion
of the hearing.
3. The premises is not currently in compliance with the Fire Code.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . The proposed changes will not be substantially more detrimental than the
existing nonconforming use to the neighborhood and can be granted in harmony
with the Zoning Ordinance and without derogating from its intent or the
public good.
` DECISION ON THE PETITION OF EDWARD & JANE O'CONNELL FOR A
SPECIAL PERMIT AT 17 BARTON 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 . All construction be in compliance with all city and state building codes.
2. Exterior finishes of the proposed construction be compatable with the
existing structure.
3. The proposed changes be implemented as per the plan and dimensions submitted.
4. Petitioner obtain a legal building permit prior to construction starting.
5. All requirements of the Salem Fire Department relative to smoke and fire
safety be strictly adhered to.
SPECIAL PERMIT GRANTED )
(7 Jose4h C. Correnti , Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
i
Appeal from this decision, If any,shall be made pursuant to Section 17 of
the Mass.General laws,Chapter 808, and shall be filed within 20 days
after the date of filing of this decision in the office of the city ecierance
Purraant to Mass.General Laays, Chanter 808, Section 11,
or !M^sial Permit granted he, shall not take effect until a copy of the
decision, Learing the certification of the City C'erk that 20 days have
it such apPc al has been
elapsed and no appeal has been filed, or that,
filed,that it has been dismissed or denied is recorded in the South Essex
Registry of Deeds and indexed under the name er the owner of record or
is recorded and noted on the owner's Certificate of Title.
BOARD OF APPEAL