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11-13 BRYANT STREET - ZBA (3) 11-13 Bryant St. R-2 Richard Varney d . <n.nr4� F�rTT �` �a �` �1.Tt�J Q{ '�ttlPrn, C��I85MtIIuSP#t8 , s poarb of �ppral DECISION ON THE PETITION OF RICHARD VARNEY FOR A SPECIAL PERMIT FOR 11-13 BRYANT STREET, SALEM A hearing on this petition was held gr�ryN q AR3��ith the following Board Members present: Edward Luzinski; Ac ng Chairman; �Yessrs. , Charr,as, Strout and Associate Members Dore and LaBrecqueFILEgPtice 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 Mass achu set tellII�r!dl:Lays.l*A*ter 40A. Petitioner, owner of the premises, requests a Special Permit to allow him to convert a two family dwelling into a three family dwelling in this R-2 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 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, ex.- tension, 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 consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1 . The premises can accommodate at least seven (7) on site parking spaces, which is more than adequate for the proposed three family use; 2. An additional unit in the building will not appreciably increase the traffic or density of the neighborhood; 3. A three family dwelling is not out of character with the neighborhood. 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 proposed use of the premises will not be substantially more detrimental to the public good than the existing use; 2. The propose use will promote the health, safety and welfare of the City's inhabitants. DECISION ON THE PETITION OF RICHARD VARNEY FOR A SPECIAL PERMIT FOR 11-13 BRYANT ST. , SALEM page two Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief requested provided that: 1 . No less than seven (7) non-piggyback parking spaces be provided I on the premises; 2. Access to the parking spaces be hottopped; 3. A Certificate of Occupancy be obtained; 4. The premises be owner occupied. i SPECIAL PERMIT GRANTED Scott E. Charnas, Secretary A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK - , .• -- EE ".DE PC6zUART T:! S-:.'. ., ZC Dom:° 11. T°E Pl mt,•._r ; , r- _ .i CT Up" OF .._ J_.. __ _r,• 7 _. 75 liA `_ ELPPSEJ E C.` LEEC3 ANDI;D Er cO J Inc ;:ATnE L,' _. OR IS EECD'nDED A;,C I2:F2D Ot! TrE OViNER's CEP.i IFICwE GF T[,,E BDARD OF APPEAL