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10 GARDNER STREET - ZBA (2) 10 GARDNER STREET R-2 TERRANCE NEYLON V T6 Q _ Legal Notice CITY OF SALEM - BOARD OF APPEAL 745-9595 EXT.381 Will hold a public hearing for all o(persons interested in the petition sub- .- milted by TERRANCE NEYLON 'Wquesting to amend a Special Permit previously granted in 1981 for the prop- "; ity located at 10 GARDNER r STREET(R-2).Said hearing to be held , ,,,,,YJEDNESDAY, OCTOBER 15, 1997 --AT 6:30 P.M., ONE SALEM GREEN, "'2nd Floor. Gary Barrett,Chairman (10/1,10/8/97) - - of $Ulem, f ttssadlusPffs x `ae� s �nttra of cr'�rrfrP�, � � �N '9i CIiY Cr ;ALEH,. HAGS OFFICE DECISION ON THE PETITION OF TERRANCE NEYLON REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 10 GARDNER STREET (R-2) A hearing on this petition was held October 15,1997 with the following Board Members were present: Gary Barrett Chairman, Nina Cohen, Albert Hill, Joseph Ywuc and Paul Valaskagis. 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 for a Special Permit to amend the previously granted petition for the property located at 10 Gardner Street. Granted leave to withdraw without prejudice. GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE October 15, 1997 Gary Barrett, 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 Cni#g of itlem, f'f�z �zcl#axs�e## A% Paurb of �Fyeal APRIL 22, 1981 '81 APR 29 A11 :25 CITY CLUM'S :OFFICE SALEr, ,';:. r DECISION ON THE PETITION OF MR. TERRANCE NEYLON FOR A SPECIAL PERMIT FOR 10 GARDNER STREET A hearing on this petition was held on April 22, 1981 with the following Board Members present: Douglas Hopper, Chairman, Messrs. Piemonte, LaBrecque and Feeherry. Notice of the hearing was properly sent to abutters and others and a notice of the hearing was published twice in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. The Petitioner has requested a Special Permit to add a third apartment to the existing two-family dwelling at 10 Gardner Street. The property in question is in an R-2 district. The Special Permit which has been requested may be granted upon a finding by the Board of Appeals that the grant of the Special Permit will promote the public health, safety, convenience and welfare. The Board of Appeals, after considering the evidence presented at the hearing, and after viewing the property, makes the following findings of fact: 1. The property has adequate room for developing the third floor into a four (4) room apartment. 2. The property has adequate parking. 3. The proposed use will not result in a modification of the exterior of the existing structure. 4. The proposed addition of a third apartment was unopposed by abutters. On the basis of the above findings of fact and on the eyidence presented at -the' public hearing, the Board of Appeals concludes unanimously that the proposed use will promote the public health, safety, convenience, and welfare and that the proposed use is in harmony with the City's Zoning.Ordinance. Accordingly, the Board votes in favor of granting a Special Permit to the Petitioner. The Special Permit is therefore granted in accordance with the following terms and conditions: 1. A third dwelling unit may be added to the third floor of the property. 2. This Special Permit shall terminate in the event of the sale of the property by Mr. and Mrs. Terrance Neylon or in the event that both Mr. and Mrs. Terrance Neylon cease living at the premises. 3. Five parking spaces shall be maintained at the property. 4. The exterior of the structure will not be altered in connection with the addition of the apartment to the third floor. 5. The Petitioner must comply with all applicable fire codes and must P.0arb of DECISION - AWL 22, 1981 - MR. TERRANCE NEYLON - PAGE TWO roval of the Fire Marshall for the proposed work. obtain the aPP Anthony M• Feehe'{ry, iSecreta y l APPEAL ra= TS;ii ! ,. :u•�•k 32 __ .. •1 E_E;: 17 OF THE 2aP.SS. ... .... . .... .. A: ry 10 ..Ci %O CAM AiT3 THE Di.iE OF Fli.;.':, CF ,.13 Ci:`....�, C. ,.� li:_ C:L` CtiLA. Pi.3iC: To z on 1, .. C=3 SO. ll. TY!E Y.l':::::;^E f,^ ET^,IAL ?E.".I:4IT CP.A.."•EJ r -_ .. .::i'__ i... ....c _:i ...I._ A I . . G7 MEOECO:L BOOM WE CERT. F.•. .Si& 0• LA CWV ..-_. . .A 'a c-. :=A".? S'..;G to Ea NvOL US Ono FLED, 0'"" SSSD GR Dui EL) IS F.cCL::Cc.i i; CtE EX RO CTCY CF CZS13 00 I:.GEAED C..J_' ME IiA.`:IE OF THE 0MIER I - Of RECCRO 09 IS ROOMED AZ MHO ON It OVIEP.'S CERTiFiCh:E OF TITLE, BO.ARQ OF APPEAL' A COPY OF THIS DECISION AND PLANS HAS BEEN FILED VITH THE PLANNING BOARD AND THE CITY CLERK