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1 LEACH STREET - ZBA I LEACH STREET STEVEN POLEMEHAKOS �C �v C� 4gal;Notice CITY OF SALEM I j BOARD OF APPEAL ', 245-9595 Ext.'381 iip� Will " hold�a,public.hearinfall, iipersons'intore'sted in'tfi0 pettion sub.:or �.mitted by STFIYE POLEMENAKOS, i'REALTY +:. t�equesting arSpcc' I Permit talkge'%�the,use-fromacommercial:'j I'll:use to"a residential use for the property ,j located at 235 LAFAYE�TTE, ST:/ 3,LEACH,STREET'(Bl):Said hcring '; (to.be held:WEDNESDAY, JUNE 17;-'P r 1998'AT6:30 P M ONE SALEM•' GREEN 2,11nd floor. Oil, "�^"� u+, "` Ntna Cohen,Chainnan V P"(6/3,6/10/98)7151 v- Ti#u of tt1em, { ttsstttllusP#fs 3 > Pourb of CAuPPnl .a 1 2 57 ph 098 CITY QP Ul.!'#4. MASS DECISION ON THE PETITION OF STEVEN POLEMENAKOS REQUESTING A ST. B-1 'E .OffiCf SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 235 LAFAYETTE ST/3 LEACH A hearing on this petition was held June 17, 1998 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne, Paul Valaskagis, Michael Ward and Ronald Harrison. 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 change the use of the property from commercial use to a residential use for the property located at 235 Lafayette St./3 Leach 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: I . Petitioner was represented by Attorney George Vallis of Salem. 2 . A petition was submitted with a number of abutters who are in favor of this petition. 3. Councillor William Kelley appeared and spoke in favor to this petition. 4 . Petitioner wish to change the use from commercial to residential to make 2 apartment units. On the basis of the above findings of fact, and the evidence presented, the Board of Appeal concludes as follows: DECISION OF THE PETITION OF STEVEN POLEMENAKOS REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 235 LAFAYETTE ST/3 LEACH ST. page two 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. 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 construction shall be done as per the plans and dimensions submitted. 3 . All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 5 . Petitioner shall obtain building permit prior to beginning any construction. 5 . A Certificate of Occupancy is to be obtained. 6. Petitioner shall obtain proper street numbering from the City of Salem Assessors office and shall display said number so as to be visible from the street. 7 . Petitioner is to obtain approval from anv City Board of Commission having jurisdiction including, but not limited to, the Board of Health. SPECIAL PERMIT GRANTED June 17, 1998 Paul Valaskagis, Member Board of Appeal �� N tJ J d Z ,p ms' N N DECISION OF STEVEN POLEMENAKOS REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED 235 LAFAYETTE ST/3 LEACH STREET page three 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 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 n n< r o �K L, N �O J °�. Titu of ttlem, ttsstttliusP##s 3 Poarb of (�uPenl ja 1 2 57 ph #so GIT ' OF SALrM, MASS DECISION ON THE PETITION OF STEVEN POLEMENAKOS REQUESTING A'S •OFFIOE SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 235 LAFAYETTE ST/3 LEACH ST. B-1 A hearing on this petition was held June 17, 1998 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne, Paul Valaskagis, Michael Ward and Ronald Harrison. 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 change the use of the property from commercial use to a residential use for the property located at 235 Lafayette St./3 Leach 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 nonconformingstructures, for changes, enlargement, extension or expansion ononconforming nd 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 . Petitioner was represented by Attorney George Vallis of Salem. 2. A petition was submitted with a number of abutters who are in favor of this petition. 3 . Councillor William Kelley appeared and spoke in favor to this petition. 4 . Petitioner wish to change the use from commercial to residential to make 2 apartment units. On the basis of the above findings of fact, and the evidence presented, the Board of Appeal concludes as follows: d DECISION OF THE PETITION OF STEVEN POLEMENAKOS REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 235 LAFAYETTE ST/3 LEACH ST. page two 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. 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 construction shall be done as per the plans and dimensions submitted. 3 . All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4 . Petitioner shall obtain building permit prior to beginning any construction. 5 . A Certificate of Occupancy is to be obtained. b . Petitioner shall obtain proper street numbering from the City of Salem Assessors office and shall display said number so as to be visible from the street. 7 . Petitioner is to obtain approval from any City Board of Commission having jurisdiction including, but not limited to, the Board of Health. SPECIAL PERMIT GRANTED _ \ June 17, 1998 Paul Valaskagis, Member Board of Appeal �, N oZ rnq N N DECISION OF STEVEN POLEMENAKOS REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED 235 LAFAYETTE ST/3 LEACH STREET page three 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 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 n r n< r � �o �K Llto N to r,3 � sur We, the undersigned, abutters and nearby property owners to that certain parcelofland located at 235 Lafayette.. Street/3 Leach Street, Salem, wish to be recorded in favor of the granting by the City of Salem Board of Appeal of the relief sought by Steve Polemenakos, 4rustee of the S & H Realty Trust, which hearing is to be held on Wednesday, June 17, :1998. The reasons for the petitioning of said relief have been fully explained to us and we are of the opinion that the granting of said relief will in no way be detrimental to the Fublic good and will not derogate from the intent of the Zoning Ordinance. NAME + ADDRESS CA,cg�Fe � LeP ,c 44 4,,r4-c� s i� r��w�✓Erz Al ATt- - -- � � � St i We, the undersigned, abutters and nearby ppoperty owners to that certain parcel of land located at 235 Lafayette Street/3 Leach Street, Salem, wish to be recorded in favor of the granting by the City of Salem Board of Appeal of the relief sought by Steve Polemenakos, Trustee of the S & H Realty Trust, which hearing is to be held on Wednesday, June 17, 1998. The reasons for the petitioning of said relief have been fully explained to us and we are of the opinion that the granting of said relief will in no way be detrimental to the public good and will not derogate from the intent of the zoning Ordinance. NAME ADDRESS CA-Aa & OAU, ronip a 41 LaR�Yefie. 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