40 SUMMER STREET & O BROAD STREET - ZBA 40 SUMMER ST. & 0 BROAD ST. z
DAVID & LOU CHISHOLM
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9 t Tui#u of Salem, fflassarhnsetts
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DECISION ON THE PETITION OF DAVID AND LOU CIiISHOLAIFOR A SPECIAL PERMIT
TO CONVERT THE PROPERTY AT 40 SUMMER STREET AND ZERO BROAD STREET p
TO TWO CONDOMINIUM UNITS life ?� 3
FIIE's4
A hearing on this Petition was held on January 200 982 with:EfieMf&Blowing
Board Members present: Douglas Hopper, Chairman; Messrs. Hacker, Piemonte,
LaBrecque and Feeherry. 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 4OA.
This proposed condominium conversion is covered by the terms of the City
of Salem's condominium conversion ordinance. The Special Permit that has been
requested may therefore be granted only upon a finding by the Board of. Appeal
that (1) the grant of the Special Permit will not adversely impact upon the
city's existing stock of rental units for low and moderate income families and
elderly people on fixed incomes, (2) that the grant of the Special Permit is not
contrary to the City's Master Plan, and (3) the grant of the Special Permit will
not have an adverse effect on the neighborhood.
The Board of Appeal, after considering the evidence at the hearing, and
after viewing the property makes the following findings of fact:
1. The property in question is particularly suited for conversion
into two condominium units,
2. The proposed conversion of this property to two condominium units
in no way conflicts with the Master Plan of the City of Salem.
3. The proposed conversion of this property into two condominium units
was not opposed by abutters and neighbors.
4. Because of the restrictions .outlined in this Special Permit, no
hardship is caused by the proposed condominium conversion to any,
residential tenants,
On the basis of the above findings of fact and on the evidence presented
at the public hearing, the Board of Appeal,: by a unanimous vote concluded that the
proposed condominium conversion is in harmony with the condominium conversion ordinance
of the City of Salem. Accordingly, the Board voted in favor of granting the requested
Special Permit in accordance with the following terms and conditions:
1. The conversion shall be in accordance with the plans submitted to
this Board.
2. Petitioners may take no action in furtherance of this conversion
until September 1, 1982.
3. Petitioners shall do no construction in the apartment which is
currently occupied by tenants until September 1, 1982.
DECISION — DAVID AND LOU CHISHOLM
40 SU IER STREET AND ZERO BROAD STREET
Page 2
January 20, 1982
Aq 26 3 i 5 PM TZ
FILE�'t
4. Petitioners shall not increase the rent of the existi(aaY -!ni'.y s"'LEM.Mdss.
tenants during their occupancy of the property.
5. The existing tenants at the property shall have
until September 1, 1982 to vacate the property.
6. In the event that the petitioners wish to show the unit
which is currently rented to prospective purchasers, this
will be accomplished by appointment with the existing tenants.
7. Certificates of occupany shall be issued prior to the sale
of any condominium unit.
6C �
Anthony M. Feeher Secretary
Pi,
PJ i,
BOARD Gr APPEAL
A COPY OF THIS DECISION AND PLANS HAS BEEN FILED WITH THE PLANNING BOARD AND CITY CLERK
Tito of "Salem, 'fflassacl tSafe
MINE <, Putts of �yyeul
JGGOIY
December 30, 1981
Office of the City Assessors
City Hall
Salem, MA 01970
Gentlemen:
I would appreciate having a list of abutters for the
following properties for a public hearing scheduled for January 20, 1982.
Please forward said list to Claudette Martineau,
c/o Salem Planning Department, One Salem Green.
ADDRESS OWNER
394 Essex St. Lawrence D. Channing, Trustee of the
Amoskeag Trust Company
40 Summer Street and 0 Broad St. David & Lou Chisholm
301 Lafayette Street Alfred Thibault
25 Essex Street Peter MacLeod
362 Essex Street Timberline Inc.
86 Essex St. - Phillips School Salem Housing Authority
Thank you for your cooperation.
Sincerely,
C�u
Claudette Martineau
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CARTER 8 TOWERS ENGINEERING CORP
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