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289-293 ESSEX STREET - ZBA (2) 289-293 ESSEX STREET ---- PRINCETON PROPERTIES, t - ---- - - ---- - _' \ MANAGEMENTy e I Legt21,Notice CnT OF SALEM BOARD OF APPEAL 745.9595 Ext.381 Will hold a public hearing for all persons interested in the petition sub• mitted by Princeton Properties Man- agement, Inc. requesting a Special Permit so as to change from the com- mercial use to one additional resi- dential unit for the property located at 289-293 Essex Street B-5. Said - hearing to be held Wednesday, December 15, 1999 at 6:30 P. M., One Salem Green,2nd Floor. Nina Cohen,Chairman V t '�. Ctv of "Salem, n95UC1 usett%A r P , Z y, ..,;: s a �nttra of Appeal 1, 4 DTC 22 N ?: 0o DECISION ON THE PETITION OF PRINCETON PROPERTIES MANAGEMENT, INC. REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 289-293 ESSEX STREET B-5 A hearing on this petition was held December 15, 1999 with the following Board Members present: Nina Cohen, Chairman, Ronald Harrison, Stephen Buczko, Michael Ward, 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. Petitioner requests a Special Permit so as to allow a change from commercial use to one additional residential unit for the property located at 289-293 Essex Street B-5. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is section 5-3 0), 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 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension of 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. A. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or stuctures in the same district. B. Literal enforcement of the provisions of the Zoning Ordinance would involve Substantial hardship, financial or otherwise, to the petitioner. C. Desirable relief may 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. The Board of Appeal, after careful consideration of the evidence presented, and after viewing the plans, makes the following findings of fact: DECISION ON THE PETITION OF PRINCETON PROPERTIES MANAGEMENT, INC. REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 289-293 ESSEX STREET B-5 page two 1. The petitioner, Princeton Properties Management Inc. was represented by Joseph C. Correnti, Esquire. 2. The petitioner requests a Special Permit to allow a change from the commercial use to one additional residential unit for the property located at 289-293 Essex Street B-5. 3. In 1987, the former Salem Theater was demolished, and the Essex House was subsequently constructed. In a series of Decisions, the Board of Appeal granted Variances to allow for a total of 45 apartments. A total of 43 residential units and one ground floor commercial unit were constructed. j 4. The petitioner's request is to allow for the discontinuance of the commercial unit and the construction of one additional residential unit in its place. This would bring the total number of residential units on the site to 44. 5. No exterior changes to the building will be made. 6. There are 33 indoor parking spaces at the site. 7. No opposition to the requested Special Permit was presented. 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. Literal enforcement of the provisions of the ordinance would involve substantial hardship on the petitioner. 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. 3. The Special Permit granted can be granted in harmony with the neighborhood and will promote the public health, safety, convenience and welfare of the City's inhabitants. Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statues, codes ordinances and regulations. DECISION OF THE PETITION OF PRINCETON PROPERTIES MANAGEMENT, INC. REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 289-293 ESSEX STREET B-5 page three 2. All construction shall be done per the plans and dimensions submitted and approved by the Zoning Enforcement Officer. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 6. A Certificate of Occupancy shall be obtained. Special Permit Granted December 15,1999 Stephen Buczko, Member 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 MGL 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 MGL 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 the 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that is 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.