9 WARREN STREET COURT - ZBA 9 Warren St. Ct. R-2
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DECISICN ON THE PETITION OF THOMAS •LEE BREZINA FOR
A SPECIAL• PERMIT FOR 9 WARREN STREET COURT, SALEM
A hearing on this petition was held kMZber21l� ?148';with the following Board
Members present: James Hacker, Cha:irmarl.; Messrs. , Gauthier, Luzinski, St.rcut and
Associate Member Bercal , Acting SecrFgAh. Notice of the hearing was sent to
abutters and others ane nctices oft1�vt}Pac}ng,ffgN erly pcDlished in the
Salem Evening News in accorzar:ce wit Massachusetts General Laws Chapter 40A.
The petitioner, owner of the premises, requests a Special Permit tc allow the
premises to be used as a Podiatry Office plus two dwelling units in this
R-2 district.
The provision of the Salem Zoning Ordinance which is applicable to this request
for a Special Permit is Sectiort V B 10, which provides as follows: o
Notwithstanding anything tc the contrary appearing in this Creinance,
the Board of Appeal may, in :accordance with the procedure and conditions
set forth in Section VIII F and I-A D, grant Special Permits for
alterations and r•eccnstruction of nonconforming structures, and for
changes, enlargement, extension or expansion of nonconforming lots,
lard, structures, and uses, prcvided, however, that such change,
extension, expans.icn or enlargement shall not be substantially more
detrimental than the existing nonconforming use to the neighborhood.
In more general terms, this Bcard 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 prcmote the public health,
safety, convenience ar:d welfare of the City's inhabitants.
The Board of Appeal, after hearing the evidence nresented at the hearing and
after viewing the plans, makes the following findings of fact:
1 . Support for the plan was voiced by many neighbors,
abutters and others;
2. The plan, as submitted, will not decrease rental housing stock;
3. There was no opposition voiced to the plan.
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 . Petitioners plan will not be substantially detrimental to
the public good;
2. The plan does not substantially derogate from or nullify the
intent and purpose of the Ordinance.
DECISION ON THE PETITION OF THOMAS LEE BREZINA FOR
A SPECIAL PERMIT FOR 9 WARREN STREET COURT, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously 5-0 to grant the relief
requested subject .to the following conditions:
1 . The premises must be owner occupied;
2. The podiatry office may occupy the first floor only;
3. Hours of operation are to be 7:30 a.m. to 4:30 p.m. ,
Monday through Friday only. No evening or weekend hours
are allowed.
4. Three parking spaces must be maintained on the premises for use
of the professional employees;
5. Smoke and Fire detectors must be approved by the Salem Fire Department;
6. A Certificate of Occupancy must be obtained.
SPECIAL PERMIT GRANTED
Richard A. Bencal, Acting Secretary
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 THE R!;.'S.
GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF F;-:7;G
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSANT TO MASS. GENERAL LAMS. CHAPTER 808, SECTION 11, THE VARIANCE OR SPECIRJ ---71-T
GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THEDECISION, BEARING THE DEBT-
FICATION OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED,
OR THAT, IF SUCH AN APPEAL HAS BEEN FILE, THAT IT HAS BEEN DISMISSED OR DENIED IS
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE C'ImIER
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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CARTER & TOWERS ENGINEERING CORP.
J'cuv�e�, 7�acuzaeLcriic���efio"f°'
Joseph D.CarterC/
Engineer 6 FAIRVIEW AVENUE
Regrsiered Land Surveyor SWAMPSCOTT, MASS. 01907
Tel. 592-8386
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To the '5-alcrn 5¢. &NI" 3 E
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I hereby certify that I have examined
the premises and all easements,
encroachments and buildings are
located on the ground as shown. I'
further certify that the buildings shown
SAM '/'-A A., conformed to the zoning laws of
_ 5alem,Ma• when constructed,
I -AL� � N :30, �I g5 �sonv3ivos I further certify that this structure
Q, 31S1,�3d fG ._ I S h o4 located in the
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1i31 N established flood hazard ar
NOTE:. This certification is based on the 31HV0
location of survey markers of others, anda
Nei Rd3SOr
does not represent a property survey. �drsy d ,� _
To be used for Mortgage purposes only. ��ioN�i
Josepfi D. Carte � R.L.S. #9L387
CIVIL ENGINEERING PERCOLATION TESTS SEWAGE DISPOSAL DESIGNS SURVEYING
Rcl 4--7-7-9 /14-S r- 15543
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THOMAS L. BREZINA D.P.M. •
PODIATRIC MEDICINE - ONE COLONIAL ROAD
SALEM,MASS.01970 '
TELEPHONE 46171744-1300
We, the undersigned, as neighbors. of interest, have spoken with
Thomas L. Brezina regarding the plans he has proposed for 9 Warren
Street Court, presently a 2-family dwelling. These plans, will
maintain the structure as a 2-family, as well as the utilization
of the 1st floor as an office for the practice of Podiatric Medi-
cine.
We, have been informed of and consent to the special permit appli-
cation required, for the use of 9 Warren Street Court, as a
professional office. /
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