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22 PROCTOR STREET - ZBA (3) i 22 Proctor St. R-2 _ Nicholas Milona & Anastasia V ` I Tzimas, Trs. M & M Rlty Tr. 4 i i ,;✓' ,y ta�xf4 bn Ctg of "5ttlem, tt��tttll�zsett$ �car nrf �Pveal •'� plpb CT%Y '84 JUNI 25 r' DECISION ON THE PETITION OF NICHOLAS C. MIL(�N , NICHQLAS__ MILONA AND ANASTASIA TZIMAS, TRUSTEES OF M & M REAL,t ,.TRUST FOR 0E SPECIAL PERMIT FOR 22 PROCTOR STREET, SALEM A hearing on this petition was held on June 20, 1984 with the following Board Members present: James Hacker, Chairman; Messrs. , Gauthier, Luzinski, Strout and Associate Member Bencal. 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. Petitioners are requesting a Special Permit to convert an existing two family dwelling into a three family dwelling in this R-2 district. 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 suchchange, extension, enlargement or expansion shall not be substantially more detrimental than the existingnonconforming use to the neighborhood. _ In more gneral 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 . There was no neighborhood opposition to petitioner's proposal; 2. There will be on site parking for five (5) vehicles. 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 . The proposed use will promote the public health, safety, convenience and welfare of the City's inhabitants; 2. The proposed use is in harmony with the City's Zoning Ordinance. Therefore,, the Zoning Board of Appeal voted unanimously in favor of granting the Special Permit to allow the premises to be used as a three family dwelling under the following terms and conditions: DECISION ON THE PETITION OF NICHOLAS C. MILONA, NICHOLAS MILONA AND ANASTASIA TZIMAS, TRUSTEES OF M & M REALTY TRUST FOR A SPECIAL PERMIT FOR 22 PROCTOR ST. , SALEM page two 1 . The premises remain owner occupied, if the property shall cease to be owner occupied it will revert to a two family dwelling; 2. Five on site parking spaces be maintained; 3. A Certificate of Occupancy be obtained; 4. A.C. electrical hardwired smoke detectors be installed in accordance with the Salem Fire Prevention office. ames B. Hacker, Chairman 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 11 OF THE MASS. GENERAL LAVIS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING OF THIS DECISION 1.1 THE OFFICE OF THE CITY CLERK. PUPSANT TO ALASS. GENERAL LAWS. CHAPTER 808. SECTION 11, THE VARIANCE OR SPECIAL PERMIT .,RANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEARING THE CERT- FI(,Ai!ON OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED n 03 OR iHAi. IF SUCH AN APPEAL HAS BEEN FILE THAT IT HAS BEEN DIS;ISSED OR DENIED IS :r4 ? RECCROED IN THE SOU;H ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NANIE OF T -16-PNER -_'- OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. BOARD OF APPEAL -° "^1 W -Tt 7 z m L�J r , 8 6.40 r , 91800 SF o o, o 0 ♦♦ ♦ • . . o \ ' o ♦ DWELLING \\ \ NO 22-GAR. 5.✓ r i� ♦ Y's i \ 88.60 PRO 7 } C O R S 1 R EET ss R. J. MOHUN. Registered Profession!Engineer,Saugus. Mass to 22 PROCTOR STREET I hereby certify that the building shown on this plan is DO tlr/D ELLA H N J, t£H'LD qH MAE located on the ground shown and that it conformed to the zoning taws of the Citit y/Town ofSA p E M when constructed. J 6 /�, 1111=20FT ome: I-25.84 wtt, tt,,IS NOT I further certify that this props located 7t IS'�9(8 within a FLOOD HAZARD ZONE as delineated on the MAP of: -- - 6�,wnt ran A Y.lCI? 3 9 ✓u�� °`� -v ql u 8�sy1O� 4a i Y F a�1> u O¢ v 9 h h Jam`" 385U !v ! 324 a o 3 34 5 " a yoo s,e 'sSg 9600 "v 318 Srgr h 00 p 326 /0 s' -5 Q Sa $Qa762 FC p . 5906 e a 3593 a�!, .'405 1.60AC 317 " 342 c ' CITY F / r95o _ Q SA EPA Q�y r2op0 N 26330 1 8 gl3a 369 ` J s AAG'O no 31 a` a2 ai �p 0pC' r66� a M ` W ` `\ a 4 0 " 314 a 6 S�A�cI zv,25c 329 5 a !. 3 AC. —� PLAYGROUND g x ,w A. a 5� +P 1 , p pR AY g Q MANS £ ` S ' 6qs / VC Q g1O ° bo B� 38 381 o r o j44-0 m pP 5 O 5000 n v 7 �° D W e94G _