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104 PROCTOR STREET - ZBA 104 Proctor St. R-2 Mike & Stanley* - - - - - • -- - 0 S `I-n VJ i Cita of "Salem, �ttssachusetts i 3r ;r' F Poarb of '4peal DECISION ON THE PETITION OF MIKE KANTOROSINSKI (PETITIONER) STANLEY KANTOROSINSKI (OWNER) FOR A SPECIAL PERMIT FOR 1b4 PROCTOR ST. , SALEM Nov 20 II is 4M '8S A hearing on this petition was held November 6, 1985 with the following Board Members present: James Hacker, Chairman; Messrs. , Charnael Muthier, Luzinski and Strout. Notice of the hearing was sent to abutters and others and notic#jspf the hearing were properly published in the Salem Evening NewsUiTrY ecor�auiit 'WY4-1 Massachusetts General Laws Chapter 40A. Petitioner is requesting a Special Permit to allow the first floor or the premises to be used as a doctors office in this R-2 district. Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and condit9ons 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 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 of the property, makes the following findings of fact: 1 . There was vigorous opposition presented tot he petitioners plan by neighbors and others; 2. The character of the neighborhood is residential; 3. Allowing the relief requested would tend to change the character of the neighborhood to a more commercial use; 4. The premises is located at a dangerous and highly traveled intersection; 5. Allowing the relief requested would dangerously increase the traffic there. One 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 not be in harmony with the district; 2. The relief requested cannot be be granted without substantial detriment to public good or without substantially derogating from intent and purpose of the ordinance. J• DECISION ON THE PETITION OF MIKE KANTOROSINSKI (PETITIONER) , STANLEY KANTOROSINSKI (OWNER) FOR A SPECIAL PERMIT FOR 104 PROCTOR ST. , SALEM page two Therefore, the Zoning Board of Appeal voted unanimously 5-0 against granting the Special Permit requested. SPECIAL PERMIT DENIED / Scott E. Charnas, Secretary A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK a fEAi .�. ';':E!"; ZO DAPS AFFE' THE D',TE OF FILCiS r THIS DECISIOit, I"r A";Y, SHALL RE F.S.,^.DE PURS'JA^:T TO SECTI^ti 17 OF THE I'..ASS. CEiEFId LAnS. Ch:AP:EL CLERK. OF *Hlc =C'S,`Nr:; 11. THE it f S' O° �H. . h r..:J. r_ 12 Fi c 7. ii L ul � FrE6L i` IF So., F ESSEX F,.; Oi CEty� 16 THE S_- c OF RECORD OR IS RECORDED A;:D GCI ED11ER'S.CERTIFIC�+iE 0"r iiiLE. OIG The Oy�� BOARD OF APPEAL `� '� it i� IIl Iun lii J�I'I VIII liu , 111111 =IIIIIIIIIII�ollllllllllll•• — ' ElFi Am �` y � � ' I llli!111111��,'i'�II11i�11 Illllllillh it ' Illldh�ll�llllll�dl II Ill�d"Illill ' t yA If I I � � 4 e - i I ti r J _ w P .y T a r This'paper manufactured This paper marfufaactured Thisi by Kodak by Kodak. •L 85 y, '� 1 OMA JUL 85 s, PMA k" Q G f G L •" Q c •'+ W Q -. •r. a _ ' e � _� I 7 �'��"- � ,: �y. i J ` f%s � 7—(�±� h T+j �3'��i � 1 ����,z i i,.. p � s, I '" j � � I 1 r-- ��� � � �-. i � `: ` � I I �9 IT I":rZ \'. b� I ��� � I � ���� �, 1� illll� � i . � 4 . ����IVI VIII VI �IIII�III> � �:'.� VIIIIII Y�, �,I �����I�I—������������V 1.����������I�— �l O C r ••D 6 O r r G G F 4 r .� 9 9 Ureds This paper manufactured 6,-This paper manufactured a by Kodak < by Kodak ¢nvh JUL ss OMA ynM4. ornA r n G �, •a C C PLAN OF LAND IN 644 d-/L%.# /">-09SS R.W. REID CE LYNNFIELDI MA. e Sa9cs ice• 30, fJu6 iS i98s N/F G \/ t1r o� goo' 30' Z 3 Story _._. r n C �— Norm; My Y cerli{y that tha dweGin; is as shown and cD :- {crm;:d io the 9 «�>+ zomn laws the 1! Z- __ CI v�• v whenn eonstruc3ed. O k�•.y+1� I , hereby, certify to the best of my knowledge that the premises shown on this plan are not located within a flood hazard area as delineated on the map of Community // ZsoiaZ-V by the Department of Housing and .Urban Development , Federal Insurance Administration, dated 3/is/77 Note: This plan was prepared from a tape survey and is intended for mortgage purposes only. Offsets shown on, or scaled from this plan are approximate only, and should not be used to determine property lines. BS-563 A., L, t7Pc Paae 073 Certificate Number