298 ESSEX STREET - ZBA 298 ESSEX STREET
JACM LEVON, TRUSTEE
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Legal Notice {
CITY OF SALEM -
BOARD OF APPEAL
745-9595 Ext.381
Will hold a public hearing for all
persons interested in the petition sub-
TRUSTEE
nesting Special Permit/Variance
• convert existing office space to an
- apartment for the property located at
298 ESSEX STREET(B-5).Said hear-
. ing to be held WEDNESDAY, {
DECEMBER 16, 1998 AT 6:30 P.M.,
ONE SALEM GREEN,2nd floor.
(12/2,9) J
Nina Cohen,Chairman
Ci / 0 SALEM. MA
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I9g8 DEC 2u A !a, I
DECISION ON THE PETITION OF JACOB LEVON, TRUST REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 298-300 ESSEX STREET B-5
A hearing on this petition was held December 16, 1998 with the
following Board Members present: Nina Cohen;Chairman, Richard Dionne,
Michael Ward, Stephen Buczko and Stephen Harris. 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 is requesting a Special Permit to convert existing office
space to an apartment for the property located at 298-300 Essex
Street.
The provision of the Salem Zoning Ordinance which is applicable to
this request for a Special Permit is Section 5-3(j ) , 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 Sections 8-6 and 9-4, 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 . The petitioner was represented by E1ing Flack.
2. A plan showing a 1 bedroom, 1100 square foot apartment was
presented to the board.
3. There was no opposition to the petition.
On the basis of the above findings of fact, and the evidence
presented, the Board of Appeal concludes as follows:
1 . The Special Permit requested can be granted without substantial
detriment to the public good or without nullifying and substantially
derogating from the intent of the district or the purpose of the
ordinance.
i
DECISION OF THE PETITION OF JACOB LEVON, TRUST REQUESTING A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 298-300 ESSEX STREET
page two
2 . The granting of the Special Permit requested will promote the
public health, safety, convenience and welfare of the City's
inhabitants and may be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to
grant the Special Permit requested, subject to the following
conditions;
1 . Petitioner shall comply with all city and state statutes,
ordinances, codes and regulations.
2. All requirements of the Salem Fire Department relative to smoke
and fire safety shall be strictly adhered to.
3 . All construction shall be done as per the plans and dimensions
submitted.
4 . Petitioner shall obtain building permit prior to beginning any
construction.
5. Exterior finishes of the new construction shall be in harmony with
the existing structure.
6. A Certificate of Occupancy is to be obtained.
7. A Certificate of Inspection is to be obtained.
8 . Petitioner shall obtain proper street numbering for the City of
Salem Assessors office and shall display said number so as to be
visible from the street.
9. The trust to continue to lease 3 parking spaces, so as to make a
total of 18 parking spaces for the building.
Special Permit Granted
December 16, 1998
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Richard Dionne
Board of Appeal
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DECISION OF THE PETITION OF JACOB LEVON, TRUST REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 298-300 ESSEX STREET B5
page three
A COPY OF THIS DECISION HAS BEEN FILED WIT
H THE ?CANNING 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 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 or 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
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