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123 1/2 BOSTON STREET - NEWTON, AMY - ZBA 12311- Boston St. B-2 Amy Newton !+ f _ V V of _,�3ttlrm, 4Hassurflusetts 3 n�t ra peal FEB 0 CH 9� CITY Ctcl'.f�•- r,'s-ri DECISION ON THE PETITION OF AMY NEWTON FOR A SPECIAL PERMIT AT 123 1/2 BOSTON ST. (B-2) A hearing on this petition was held January 19, 1994 with the following Board Members present: Francis X. Grealish, Chairman; George Ahmed, Albert Hill, Stephen Touchette and Stephen O'Grady. 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,owner of the property, is requesting a Special Permit to allow construction of an addition which will extend the existing nonconforming side setback, the property is located in the B-2 district. r The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3(j ) , 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 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 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. The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1. There was no opposition to the petitioners request. 2. The granting of the special permit would allow the petitioner a fuller use of her property 3. The proposed addition would only encroach on one side and would be no closer to the lot line than the existing structure. Addition would conform to all other setback requirements. DECISION ON THE PETITION OF AMY NEWTON FOR A SPECIAL PERMIT AT 123 1/2 BOSTON ST. , SALEM page two 4. This in the only feasible location for the additionF� !7 C;fi'! On the basis of the above findings of fact, and on the eviCdenrc€'pre'sebt6d, the Board of Appeal concludes as follows: 1. The Special Permit 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. 2. The granting of the Special Permit requested will promote the public health, safety, convenience and welfare of the City's inhabitants and may be granted in harmony with the neighborhood. Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Special Permit requested, subject to the following conditions: 1. Petitioner shall comply with all City and State statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted. 3. All requirements of the Salem Fire Department relative to smoke and fire safety are to be strictly adhered to. 4. Petitioner shall obtain a building permit prior to starting construction. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. 6. A Certificate of Occupancy must be obtained. 7. A Certificate of Inspection be obtained for the beauty shop. Special Permit Granted January 19, 1994 z,�� �z I !/iL Step 'en O'Grady, Member Board of appeal DECISION ON THE PETITION OF AMY NEWTON FOR SPECIAL PERMIT AT 123 11/2 BOSTON STREET, SALEM page three FEB 8 3 og Me '°a A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLAN f '--iO;}RD`AND--t4 CITY CLERK c 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 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 of .,ttlem, Aussadjusetts 3oe �Rn rd of ,peal EB 09 '9+l CIF,( DECISION ON THE PETITION OF AMY NEWTON FOR A SPECIAL PERMIT AT 123 1/2 BOSTON ST. (B-2) A hearing on this petition was held January 19, 1994 with the following Board Members present: Francis X. Grealish, Chairman; George Ahmed, Albert Hill, Stephen Touchette and Stephen O'Grady. 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,owner of the property, is requesting a Special Permit to allow construction of an addition which will extend the existing nonconforming side setback, the property is located in the B-2 district. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3(j ) , 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 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 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. The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1. There was no opposition to the petitioners request. 2. The granting of the special permit would allow the petitioner a fuller use of her property 3. The proposed addition would only encroach on one side and would be no closer to the lot line than the existing structure. Addition would conform to all other setback requirements. DECISION ON THE PETITION OF AMY NEWTON FOR A SPECIAL PERMIT AT 123 1/2 BOSTON ST. , SALEM page two 4. This in the only feasible location for the addition: E� On the basis of the above findings of fact, and on the evirden�ce .prdseht6J, the Board of Appeal concludes as follows: 1. The Special Permit 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. 2. The granting of the Special Permit requested will promote the public health, safety, convenience and welfare of the City's inhabitants and may be granted in harmony with the neighborhood. Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Special Permit requested, subject to the following conditions: 1. Petitioner shall comply with all City and State statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions mi suti ttei. 3. All requirements of the Salem Fire Department relative to smoke and fire safety are to be strictly adhered to. 4. Petitioner shall obtain a building permit prior to starting construction. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. 6. A Certificate of Occupancy must be obtained. 7. A Certificate of Inspection be obtained for the beauty shop. Special Permit Granted January 19, 1994 Step n O'Grady, Member Board of appeal DECISION ON THE PETITION OF AMY NEWTON FOR SPECIAL PERMIT AT 123 11/2 BOSTON STREET, SALEM page three FFEBBT 3 09 N, 'aq A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANkI6i 'BOiRb,fAND`_ CITY CLERK Icc 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 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 of Salem, 'Massadjusetts jSO�s ra of �U�t¢211 Q"..� tEB 09 Irl -5q Grrr j DECISION ON THE PETITION OF AMY NEWTON FOR A SPECIAL PERMIT AT 123 1/2 BOSTON ST. (B-,2) A hearing on this petition was held January 19, 1994 with the following Board Members present: Francis X. Grealish, Chairman; George Ahmed, Albert Hill, Stephen Touchette and Stephen O'Grady. 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,owner of the property, is requesting a Special Permit to allow construction of an addition which will extend the existing nonconforming side setback, the property is located in the B-2 district. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3(j ) , 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 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 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. The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1. There was no opposition to the petitioners request. 2. The granting of the special permit would allow the petitioner a fuller use of her property 3. The proposed addition would only encroach on one side and would be no closer to the lot line than the existing structure. Addition would conform to all other setback requirements. DECISION ON THE PETITION OF AMY NEWTON FOR A SPECIAL PERMIT AT 123 1/2 BOSTON ST. , SALEM page two 4. This in the only feasible location for the addition.fa Fti ',5-4 On the basis of the above findings of fact, and on the evrdonce .preseiit'gd, the Board of Appeal concludes as follows: 1. The Special Permit 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. 2. The granting of the Special Permit requested will promote the public health, safety, convenience and welfare of the City's inhabitants and may be granted in harmony with the neighborhood. Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Special Permit requested, subject to the following conditions: 1. Petitioner shall comply with all City and State statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted. 3. All requirements of the Salem Fire Department relative to smoke and fire safety are to be strictly adhered to. 4. Petitioner shall obtain a building permit prior to starting construction. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. 6. A Certificate of Occupancy must be obtained. 7. A Certificate of Inspection be obtained for the beauty shop. Special Permit Granted January 19, 1994 IJ Stephen O'Grady, Member Board of appeal f DECISION ON THE PETITION OF AMY NEWTON FOR SPECIAL PERMIT AT 123 11/2 BOSTON STREET, SALEM page three FEB``'' 3 09 Vit; 's� A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANbI{'G 'i6gRD AND` 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 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 ofttlem, Cttssttcljusetts o ra of , pral Ea 0g Ph 9q CITY : DECISION ON THE PETITION OF AMY NEWTON FOR A SPECIAL PERMIT AT 123 1/2 BOSTON ST. (B-2) A hearing on this petition was held January 19, 1994 with the following Board Members present: Francis X. Grealish, Chairman; George Ahmed, Albert Hill, Stephen Touchette and Stephen O'Grady. 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,owner of the property, is requesting a Special Permit to allow construction of an addition which will extend the existing nonconforming side setback, the property is located in the B-2 district. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3(j ) , 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 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 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. The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1. There was no opposition to the petitioners request. 2. The granting of the special permit would allow the petitioner a fuller use of her property 3. The proposed addition would only encroach on one side and would be no closer to the lot line than the existing structure. Addition would conform to all other setback requirements. J DECISION ON THE PETITION OF AMY NEWTON FOR A SPECIAL PERMIT AT 123 1/2 BOSTON ST. , SALEM page two 4. This in the only feasible location for the addition TEU On the basis of the above findings of fact, and on the evirdeRce present'dd, the Board of Appeal concludes as follows: 1. The Special Permit 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. 2. The granting of the Special Permit requested will promote the public health, safety, convenience and welfare of the City's inhabitants and may be granted in harmony with the neighborhood. Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Special Permit requested, subject to the following conditions: 1. Petitioner shall comply with all City and State statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted. 3. All requirements of the Salem Fire Department relative to smoke and fire safety are to be strictly adhered to. 4. Petitioner shall obtain a building permit prior to starting construction. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. 6. A Certificate of Occupancy must be obtained. 7. A Certificate of Inspection be obtained for the beauty shop. Special Permit Granted January 19, 1994 �'`� Step en O'Grady, Member Board of appeal J DECISION ON THE PETITION OF AMY NEWTON FOR SPECIAL PERMIT AT 123 11/2 BOSTON STREET, SALEM page three FEB 8 3 0 re, '9q A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANii{v'G=B,DARD,_AND� CITY CLERK . IL;❑ 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 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 .TEARING �9 ` PETITIONER Q ) Q�OCATION Zi , l�Z, .1/� -� I T '-LOTION: 70 GRANT SECOND )� GJ TO DENY SECOND TO RE-HEAR SECOND LEAVE TO WITHDRAW SECOND 70 CONTINUE SECOND ROLL CALL PRESENT GRANT DENY WITHDRAW RE-HEAR CONTINUE STEPHEN O'GRADY GEORGE A. AHMED t/ FRANCIS GREALISH ✓/ AABERT C. HILL ll STEPHEN TCUCHETTE I/ w ASSOCIATE AEMBERS NINA,\V. HE A'TT\`LR BR COUE CONDITIONS: C�