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278-280 WASHINGTON STREET - ZBA 278-288 WASHINGTON STREET c J r �i J V h\J \x�n V �M J Legal Nonce CITY OF SALEM _ BOARD OF APPEAL .. 745-9595 EXT.381 Will hold a public hearing for all persons interested in the petition submitted by CATHOLIC CHARITA- BLE BUREAU requesting a Variance from off-street parking requirements for the property located at 278-280 - t WASHINGTON STREET (B-1). Said .hearing to be held WEDNESDAY, DECEMBER 17, 1997 AT 6:30 P.M., - ONE SALEM GREEN,2nd floor. Gary Barrett,Chairman (12/3,12/10/97) r (91tu of , 5alem, '�fflttssndjusrtts 3 i Q� 9 �tr}teril �L �Z W � �I'� �nttra of ' DECISION OF THE PETITION OF CATHOLIC CHARITABLE BUREAU REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 278-280 WASHINGTON STREET B-1 A hearing on this petition was held December 17, 1997 with the following Board members present: Gary Barrett, Chairman; Nina Cohen, Albert Hill, Richard Dionne and Paul Valaskagis. 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 Variance from off-street parking requirements for the property located at 278-28C Washington Street. This property is located in a B-1 district. The Variance which has been requested may be granted upon a finding of this Board that: 1 . Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other land, buildings, or structures in the same district. 2 . Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 3. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogation from the intent of the district or the purpose of the Ordinance. The Board of Appeal, after careful considerations the evidence presented at the hearing, makes the following findings of fact: 1 . The petitioner was represented by Attorney John Serifini Jr. 2. The only opposition was from an abutter, Mr. Richard Socolo of Atlantic Credit , who voiced concern of lace of parking in the area. His concerns were addressed and opposition was withdrawn. On the basis of the above findings of fact, and on the evidence presented at the hearings, the Board of Appeal concludes as follows: 1 . Special conditions exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substation hardship to the petitioner. 3. Desirable relief can be granted without substantial detriment to public good and without nullifying and substantially derogating from the intent of the district or purpose of the Ordinance. DECISION OF CATHOLIC CHARITABLE BUREAU REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 278-280 WASHINGTON STREET (B-1) page two On the basis of the above findings of fact, and on the evidence presented at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant the variance requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statures, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted and approved by the Building Inspector. 3. All requirements of the Salem Fire Department relative to smoke and safety shall be strictly adhered to. 4 . Petitioner shall obtain a building permit prior to beginning any construction. 5. A Certificate of Occupancy is to be obtained. 6. A Certificate of Inspection is to be obtained. Variance Granted December 17, 1997 ('////.� � (SC � Richard Dionne, Member Board of Appeal 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 Massachusetts General Laws 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 Massachusetts General Laws 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 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it 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. Board of Appeal DATE OF HEARING PETITIONER LOCATION MOTION: TO GRANT v �( SEC 'D AMENDMENT SECOND TO DENY SECOND TO RE-HEAR SECOND WITHDRAW SECOND CONTINUE SECOND ROLL CALL PRESENT GRANT ENY AMEND WITHDRAW RE-HEAR CONTINUE GARY M. BARRETT ALBERT C. HILL JOSEPH YWU NINA V. COHEN RICHARD DIONNE ASSOCIATE MEMBERS ARTHUR LEBRECQUE PAUL VALASKATGIS C CONDITIONS: r �` u APPEAL CASE NO. . . . . Nur 20 az ?- ,;F +� Y�IIIIID L71 ,a1IT�JPZ11 r TOSITHE BOARD OF APPEAL. The .Undersigned represent that he/she is/are the owners of a certain parcel of land Located at:, .:28;280 Washington B-1 District Neighborhoc . . . ..... .......��ttl�$,ness)) and said parcel is affected by Section(s) . . .... .. . . . . . . . . . . . .. . of the Massachusetts State".Building Code. Plans describing the work proposed have been submitted to the Inspector of Buildings in accordance with Section L% A.1 of the Zoning Ordinance. Direct Appeal c' o m 1 " C � N o m � nm r e G7 M -t. The Application for Permit was denied by the Inspector of Buildings for Ime fo 'O reason(s): &-1 Direct Appeal The Undersigned hereby petitions the Board of Appeal to vary the terms of the Sale= Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially derogating from the intent and purpose of the Zoning Ordinance and Building Code for the follow- ing reasons: Catholic Charities desire to renovate the building at 278-280 Washington St. Salem for professional offices for social workers who deliver services to the people of Salem and the surrounding area. Catholic Charities needs a variance from the City of Salem Zoning Ordinance provisions regarding off-street parking requirements in order to receive a building permit. The building occupies the entire lot so there is no room for parking. Catholic Charitable Bureau Owner. .9i.the Archdiocese of Boston Inc. .... . ... ....... Address.49 Franklin St. Boston, MA . .... .... .. .... ............ Telephone. . . (617).482.5440 Catholic Charitable Bureau Petitioner. . vi. t,hr.4rgb4iocese of Boston 49 Franklin.St. Boston,' MA Address. . . . . . . . .... . . .. .. ..... .. ....... November 20, 1997 (617 482-5440 Date.. ... ... ..... ...... . . . Teleohone. . . . . . �. By.. . . ..Rev. Phillip B. Earley Clerk .. . . ....... . .... ................ Three copies of the application most be filed with the Secretary of the Board of Appeal with a check, for advertising in the amount of s.... ...... .. . four weeks 04 ihcHa�ret prior co the eppeal. Check nayabLe en t5e Saar... Evea.iag, 1{rsra_ PETITION TO BOARD OF APPEALS LOCATION !'eCition CATHOLIC CHARITABLE BUREAU OF IFr THE ARCHDIOCESE OF BOSTON, INC. Addresq Fr a - . nklrn g - • tre SOston, MX "02110 IF�)NU ITI ONS . . . . . . . . .I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ` Vl".TITION �� 1'ItUVIiU. - • . Ila lc: - - , . . . . . . . . . . . 19. . . . . LOT A3 h� 2 G �� O 1 STORY U i L.D l IJP 0 h r 0 o � s; i,F Z 2 � r 40. 20 ' WASHlM (7T0/41 STREET REFERENCE: ! Nc. 35043 DEED:REC.BK. Sq-79 PG. PLAN: PL. Dr . `-I9 PL • 23 E �'i`@,."�F>IcTE¢�� ,I7;'�r�:+ THIS PLOT PLAN WAS NOT MADE FROM TO: AN INSTRUMENT SURVEY AND IS FOR `•.�y,IM1 Lhttu`0,. THE PURPOSES OF THE BANK ONLY. UNDER CERTIFY THAT THE BUILDING(S)SHOWN HEREON �''rvs = "' NO CIRCUMSTANCES ARE OFFSETS TO BE ARE LOCATED ON THE GROUND AS SHOWN AND THAT THEY USED FOR ESTABLISHMENT OFFENCES CONFORM TO THE HORIZONTAL DIMENSIONAL REGULATIONS WALLS,HEDGES,ETC. OF THE ZONING BYLAWS OF THE C I T'4 OF -<A LETT AT THE TIME OF CONSTRUCTION OR ARE PROTECTED UNDER MORTGAGE INSPECTION PLAN GENERAL LAWS CHAPTER 40A SECTION 7. LOCATED AT 1 ALSO CERTIFY THAT THE DWELLING SHOWN IS NOT 278.280 WASHINGTON STREET LOCATED WITHIN A FLOOD HAZARD ZONE AS SALEM DELINEATED ON THE MAP OF COMMUNITY# 2S0 I o2 PREPARED FOR SALEM , MA.,EFFECTIVE ES/51&s MAR PETI T THE FEDERAL EMERGENCY MANAGEMENT AGENCY. SCALE 1"= 2d APRIL 22, 1991 NORTH SHORE SURVEY CORP. DATE 'REG.PROFESSIONAL LAND SURVEYOR 47 LINDEN STREET- SALEM,MA. #1230 H K YAM,: '7 } 1.OF. iea 5f, j i�i I \ i� � •�h��1�1 9 �1 Ni f1-1.2 -rj x.T'- -I/2 (105 5F) ir T 0 iGE ! n.E � ' t7_`rlf ;OtJ�EKENt,� , LET n ! R-•..�. 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