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126-128 BOSTON STREET - ZBA r \ Legal N--) ice CITY OF SALEM BOARD OF APPEAL 745-9595 ExL 381 Will hold a public hearing for all persons interested in the petition submitted by EDWARD CASWELL& ANTHONY MIRABITO requesting a Special Permit to allow existing non- conforming four family dwelling to be used as a five family dwelling and a Variance to allow for a 6'high fence in the entrance corridor overlay; district for the property located at 126,, 128&130 Boston Street&41 Beaver! Street R-2.Said hearing will be held on d Wednesday,August 17,2005 at 6:30 f P.M.,120 Washington Street,3rd floor, T Room 313. Nina Cohen Chairman (8/4,10) i CITY OF SALEM, MASSACHUSETTS CITYOF SALEM._MA Of a BOARD OF APPEAL CLERK'S FIC� 120 WASHINGTON STREET, 3RO FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 S at gLEP �� ? 00 MAYOR FAX: 978-740-9846 N JJ L• DECISION OF THE PETITION OF EDWARD CASWELL& ANTHONY MIRABITO REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 126,128 & 130 BOSTON STREET R-2 A hearing on this petition was held September 21, 2005 meeting with the following Board Members were present: Nina Cohen Chairman, Robin Stein Nicholas Helides, Bonnie Belair and Richard Dionne. 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. At the request of the Petitioner, the Salem Board of Appeal voted 5-0, to grant leave to withdraw this petition without prejudice to allow existing non-conforming four family dwelling to be used as a five family dwelling & a Variance to allow for 6 foot high fence in the Entrance Corridor Overlay District for the property located at 126,128 & 130 Boston Street located in an R-2 zone. GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE September 21 , 2005 Nina Cohen, Chairman Board of Appeal 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 Massachusetts General Laws 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 Massachusetts General Laws Chapter 40A, Section 11, the Variance or 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 the 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 i f t�=i '21, ?C76J5 11:37 Hl,H,H, LFiW o 19787,40984b 110.281 DCI I� ANKELES, MARMON & BONFANTI COUNSELLORS AT LAW ANKELES, HARMON, BONFANTI, VONTZALIDE9 &AMBELIOTIS, LLP 27 Lowell Street Peabody, MA 01950.5489 HARRY A 41"EL68 Ily$e-1990 4TIIAN A,VONTZALIDE9 Telephone 978-531-7000 M4A41{AL1,E.HARMON NICHOLAS P.VONTZALID69 (HETIRCD) NICHOLASM AMBELIoTIs General Fax 978-532-3597 J066PH DICIOVANNI LEONAR13 A aONFANTI j Real E®tate Fax 978-539-0152 (OIco,Nscu i ! E-Mail: ab@ahblow.com nAVID L.ANKUBS 10f Coaracqntx[) j September 21, 2003 { Salem Board of Appeals Salem City Hall ' 120 Washington Street Salem,MA 01970 VIA PACSIAME @ 978-74.0-9946 &FIRST CLASS MAYL RE. REQUEST TO WITHDRAW SPECIAL PERMIT/VARIANCE APPLICATION EDWARD A.CASWELL,ET AL 130 BOSTON STREET,SAL) M,MA 01970 Dear Members of the Board: i The above referenced matter was originally scheduled to be heard on August 17th, but was continued to your September meeting. I was not informed that it was scheduled to be heard on September 7111,rather than this evening's meeting. Regardless, my client no longer desires to proceed with his proposal. Therefore, I am respectfully requesting to withdraw the application without prejudice. Very Y trul yours, Ankeles,Harmon, Bonfanti, Vantz s beliotis, LL , By: Athan A. Vontzalid AAV/rg H:/AtilanJ2005-Clients/Caswell/Salem6oardoFAppeals-5ept05