106 NORTH STREET - ZBA 06 North Street 3-1
George A. Ahmed
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of �Salem, Ctt���zellu�e#�s
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DECISION ON PETITION OF GEORGE AHMED FOR A 5;,,' 4V' =:?
SPECIAL PERMIT FOR 106 NORTH ST. , SALEM
A hearing on this petitioner was held September 21 , 1983 with the following
Board Members present: James Hacker, Chairman; Messrs. , Charnas, Hopper,
Luzinski, Piemonte and Associate Members Bencal and LaBrecque. Notice of said
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 to allow him to complete and maintain;_ a
file room as an addition to his office building, all as shown on a plan
submitted to the Board.
The provision of the Salem Zoning Ordinance which is applicable to this request
for a Special Permit is Section V B 10, 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 VIII F and IX D,
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 considering the evidence presented at the hearing,
makes the following findings of fact:
1 . Neighborhood opposition to petitioner's overall plan was raised,
but such opposition was largely appeased when petitioner agreed to
limit his petitioner to requesting a Special Permit for the already
existing 11 ' x 7i' file room;
2. Traffic problems in the area would not be substantially worsened by
theuse of the aforementioned 11 ' x 712' file room.
On the basis of the above findings of fact and on the evidence presented at the
hearing, the Board concludes that the Special Permit eventually requested by
petition may be granted without substantial detriment to the public good and
without nullifying or substantially derogating from the intent and purpose of
the Zoning Ordinance.
r
J
DECISION ON PETITION OF GEORGE AHMED FOR A
SPECIAL PERMIT FOR 106 NORTH STREET
page two
Therefore, the Board of Zoning Appeal voted unanimously to grant the petitioner a
Special Permit to allow him to keep an already existing 11 x 7112' file room,
provided that:
1 . The length of this file room is not to exceed the lenght of the
existing main building; and
2. The file room to be used for general office work.
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c r Scott E. Charnas, Acting Secretary
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APPEAL FCC:r+. THIS D6;IS17F7, iF A'-:.. SNAIL BE 9ADE PU3SIIAPIT TO SECTION 17 OF THE MASS. -
6E:IEP,4L AND SW.LL R;-. .. ,ni:! ?U CAPS r. ?i!E CAl"E OF FiEI::6 _
OF ?diS "' : S:S7 IN TI4E OFRCE OF TH C'f7 CLER:i.
PORSA :T 1F L'`_"G;:.L L^.'::3. :Fi^I' _R `iS- 1l. THE VA;I tAri-E ^.. :"-CIAL P6?"iIT -
G.'hAi:IE. .._ A "PY O: THEi:E(L._ BE:'.'..... ..E3T- ,
ii4PJ 7d Dni:: N?:= cLa ":D %a!D NO A:'PEAL X,.S :;`il P-ED,OR THNf. ;F i PP1_;L 1!,%S _4;:: F:Lc S ,.'.S 6Zit: D:S:i!eS4D L'n !IE?i!ED iS _
REGDR DEO -._ H ESSEY RE^_iSl ,,: .E..a :!D I;:OE7.EU G.t.,ER ThE i;S Cr TnE CN7:E
OF RECORD OR IS FECOROED ANU @DIED ON THE OiINER'S CERTIFICATE DF TITLE. - -
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE
CITY CLERK