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185-187 FEDERAL STREET - ZBA 1 c7� 1/10 K \ \ DO 2z- _ Myopia Hunt Clut rton I People rans WeAesdays in the Act It vi11 Legal Notice i 'ihe CITY OF SALEM Ill. BOARD OF APPEAL he it- 978-745-9595,Ert 381 4 Will hold a public hearing fo � r all per- e- sons interested in the petition submit- Y led by GEORGE KEEKI requesting a " e- Special Permit per Section 6-4 to convert a nonconforming Dentist ;a- Office to a Residential for the property it located at 185-187 Federal Street R-2 A Said hearing will be held on Wednes- day, April 20, 2005 at 6:30 p.m., 1- 120 Washington Street, 3rd floor, 11 Room 313. 2 Nina Cohen,Chairman (4/6,13) ' $ CITY OF SALEM9 MASSACHUSFtiFTSir SALEPI, MA BOARD OF APPEAL CLERK'S OFFICE 120 WASH I NGTON STREET, 3RO FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 2005 APR 2q A 0 I0 MAYOR FAX: 978-740-9846 DECISION OF THE PETITION OF GEORGE KEEKI REQUESTING A SPECIAL PERMIT FOR THE PROERTY LOCATED AT 185-187 FEDERAL STREET R-2 A hearing on this petition was held on April 20, 2005 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne, Nicholas Helides, Bonnie Belier and Edward Moriarty. 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 request a Special Permit per Section 8-4 to convert a non-conforming Dentist Office to a residential use for the property located at 185-187 Federal Street located in an R- zone. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3 (2) (8) which provide 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 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 for 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 structures 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. �IEMS OF'FICEA DECISION OF THE PETITION OF GEORGE KEEKI REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 185-187 FEDERAL STREET R-2 page two 1005 APR 29 .A ID I The Board of Appeal, after careful consideration of the evidence presented, and after viewing the plans, makes the following findings of facts: I. Petitioner appeared and represented himself at the hearing. 2. Petitioner would like to convert Dentist Office side of the building to a residential unit. 3. A petition was submitted with nine (9) names in favor of the petition. 4. There is sufficient parking spaces for the additional unit. 5. There was no opposition to this petition. 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. 4. Special conditions exist which especially affect the subject property, but not the district in general. On the basis of the above findings of fact, the Zoning Board of Appeal voted 5 in favor and 0 in opposition to grant the Special Permit requested, subject to the following conditions. 1. Petitioner shall comply with all city and state statues, code ordinances and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. CLERK' MOFFIC.EA DECISION OF THE PETITION OF GEORGE KEEKIE REQUESTING A SPECIAL PERMIT AND VARIANCE FOR THE PROPERTY LOCATED AT 185-187 FEDERAL STREET R-2 2gaS NpR 29 A 10: 3. Petitioner shall obtain a building permit prior to beginning any construction. 4. Petitioner shall obtain a Certificate of Occupancy. 5. Petitioner shall obtain approval from any City Board or Commission having Jurisdiction, but not limited to the Planning Board. 6. All construction shall be done as per the plans and dimensions submitted and approved by the Building Commissioner. /� ��p Special Permit Granted x l/ ' r C4 �" " April 20, 2005 Nina Cohen, Chairman a/K 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 or record or is recorded and noted on the owner's Certificate of Title.