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47 SUMMER STREET - ZBA 47 SUMMER STREET R-2 I _ ,J J�Le�gaiNotic�e CITY OF SALEM BOARD OF APPEAL 978.745.9595 Ext.381 Will hold a public hearing for all persons interested in the petition sub- mitted by MARGARET CAMARDA requesting a Special Permit,5.3 (c) (III)Tourist Homes to allow the cre- ation at a tourist home for the proper- ty located at 47 SUMMER STREET R- 2.Said hearing to be held WEDNES- DAY,MAY 19,2064 AT 6:30 P.M.,120 WASHINGTON STREET, 3RD ' FLOOR,ROOM 313. Nina Cohen ' Chairman (5 5,12) CITY OF SALEM, MASSACHUSETTS CITY OF SALEM, MA BOARD OF APPEAL CLERK'S OFFICE 120 WASHINGTON STREET, 3RD FLOOR , a SALEM, MA 01970 TEL. (978) 745.9595 FAX (978) 740-9846 ' 2004 JUN - STANLEY J. USOVICZ, JR. 2 P 2. 5Q MAYOR DECISION ON THE PETITION OF MARGARET CAMARADA REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 47 SUMMER STREET R-2 A hearing on this petition was held on May 19, 2004 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne , Stephen Harris, Joseph Barbeau and Bonnie Belair. 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 requests a Special Permit, 5-3© (III) Tourist Homes to allow the creation of a tourist home for the property located at 47 Summer Street located in an R-2 zone.. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is section 5-3 (2) (8), 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 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension of expansion, of nonconforming lots, land, structures, and uses, provided however, that such change, extension, enlargement of 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. A. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or stuctures in the same district. B. Literal enforcement of the provisions of the Zoning Ordinance would involve Substantial hardship, financial or otherwise, to the petitioner. C. Desirable relief may be granted without substantial detriment to the public good and Without nullifying or substantially derogating from the intent of the district or the purpose of the ordinance. The Board of Appeal, after careful consideration of the evidence presented, and after viewing the plans, makes the following findings of fact f DECISION ON THE PETITION OF MARGARET CAMARDA REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 47 SUMMER STREET R-2 page two 1. The Petitioner's appeared and represented themselves at the hearing. 2. Petitioner requests a Special Permit to operate a 3-room bed and breakfast. 3. Sarah Smith an abutter spoke in support of the petition. C-) r. c m 4. There was no opposition to the petition. z �T � vicn N n On the basis of the above findings of fact, and on the evidence presented at the *� hearing, the Board of Appeal concludes as follows; ry n m3 Cn D 1. Literal enforcement of the provisions of the ordinance would involve substantia-F hardship on the petitioner. 2. The relief requested can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the ordinance. 3. The Special Permit granted can be granted in harmony with the neighborhood and will promote the public health, safety, convenience and welfare of the City's inhabitants. 4. Special conditions exist which especially affect the subject property, but not the district in general. On the basis of the above findings of fact, the Zoning Board of Appeal voted 5 favor and 0 in opposition to grant the Special Permit requested, subject to the following conditions; 1. Petitioner shall comply with all city and state statues, codes ordinances and regulations. 2. All requirements of the Salem Fire Department relate to smoke and fire safety shall be strictly adhered to 3. A Certificate of inspection shall be obtained 4. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including but not limited to, the Planning Department. Special Permit Granted May 19, 2004jy,U 0 nnie Belair Board Of Appea( SCS, i J DECISION OF THE PETITION OF MARGARET CAMARDA REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 47 SUMMER STREET R-2 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 the 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that is 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. 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