2 CHASE STREET - DION, RICHARD - ZBA 2 Chase St. R-3
Juanita Trombley (owner)
— — — -- Richard Dion (Petitioner)
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DECISION ON THE PETITION OF RICHARD E. DION FOR A SPECIAL
PERMIT AT 2 CHASE ST. (R-3) JUANITA TREMBLAY (OWNER)
A hearing on this petition was held November 16, 1989 with the following Board
Members present: James Fleming, Chairman; Messrs. , Febonio, Luzinski, Nutting and
Associate Members Dore. 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 is requesting a Special Permit to allow premises to be used as an
Insurance Agency. Property is located in an R-3 district and is owned by Juanita
Tremblay.
The provision of the Salem Zoning Ordinance which is applicable to this request
for a Special Permit is Section V B 10, 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
VIII F and IX D, grant Special Permits for alterations and reconstruction of non-
conforming 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 . A petition signed by nineteen ( 19) abutters and neighbors in favor
of this request was presented to the Board.
2. Dr. & Mrs. Norman, 197 Lafayette St. , spoke in opposition.
3. This is a low density, family run business.
4. Petitioner is actively looking for a new location for the Insurance Agency
and is only asking the Board for temporary relief.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . The granting of the Special Permit requested will promote the public health,
safety, convenience and welfare of the City's inhabitants.
2. 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.
i
DECISION ON THE PETITION OF RICHARD E. DION (PETITIONER) JUANITA TREMBLAY
(OWNER) FOR A SPECIAL PERMIT AT 2 CHASE STREET, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the special
permit requested, subject to the following conditions:
1 . Petitioner adhere to all requirements of the Salem Fire Department relative
to smoke and fire safety.
2. Said Special Permit allowing the premises to be used as an Insurance Agency
shall expire January 1 , 1991 .
SPECIAL PERMIT GRANTED
ohn R. Nutting, Seafetary, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
shall be made pursuant to section 17 of
ha;:'•cr `_'t8. 'nd S111.1 t.l_d vi,th i 20 days
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