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CITY CLERK,SALEM.MA55.
DECISION ON THE PETITION OF CALVIN MUGFORD FOR A SPECIAL
PERMIT AT( LAFAYETTE ST� (R-3)
A hearing on this petition was held June 17, 1987 with the following Board Members
present: James Hacker, Chairman; Richard Bencal:, Secretary; Mr. Luzinski and
Associate Member Labrecque. Notice of the hearing was sent to abutters and others
and notice 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
portion of the building to be used as a beauty salon. Property is located in
an R-3 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 Section VIII F and IX D, grant Special Permits for
alterations and reconstruction of nonconforming structures, and for changes, an-
largement, extension or expansion of nonconforming lots, land, structures, and
i 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 hearing the evidence presented at the hearing, and
after viewing the plans, makes the following findings of fact:
1 . No opposition was raised to the plan;
2. There would be tight controls due to the fact the premises would
be owner occupied;
3. The petition has upgraded and maintained the property as
evidenced by a petition presented to the Board;
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . Petitioners plan would not be substantially detrimental to the
public good;
2. The plan does not substantially derogate from or nullify the intent
and purpose of the Ordinance.
DECISION ON THE PETIITON OF CALVIN MUGFORD FOR A SPECIAL PERMIT
FOR 210 LAFAYETTE. ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the
relief requested, subject to the following conditions:
1 . Hours of operation may only be from 9:00 a.m. to 5:00 p.m. ,
Monday to Saturday;
2. No more than two persons may be employed;
3. All requirements of the Salem Fire Department be adhered to;
4. Present on site parking be maintained.
SPECIAL PERMIT REQUESTED
Richard A. Bencal, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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