9 COLBY STREET - CONWAY & BRENNAN, RICHARD & CHARLES - ZBA 9 COLBY ST. (R-3)
Richard Conway/Charles
Brennan Trs.
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DECISION ON THE PETITION OF RICHARD E. CONWAY & CHARLES'C _BRr^ Aid,
TRS. FOR A SPECIAL PERi4IT FOR 9 COLBY STREET, S1LEN I
A hearing on this petition was held on May 23, 1984 with the following Board
[•.embers present: James Hacker, Chairman; Messrs. , Charna_s, Gauthier, Luzinski and
Strout. 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 Genera]. Laws Chapter 40A.
The Petitioners have requested a Special Permit to expand the existing nonconforming
use of the property by adding a second story to the building. The property is
currently used as a medical building in this R-3 district.
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
nonconforming structures, and for changes, enlargement, extension '
or expansion of nonconforming lots, lands, structures, and uses,
provided, however, that such change, extension, enlargement or
expansion shall not be substantially more detrimental that the
existing nonconforming use to the neighborhood.
In more general terms, this Board is, when reviewsing 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 health, safety,
convenience and welfare of the City's inhabitants.
The Board of ."-ppeal, after considering the evidence at the hearin; , makes the
following findings of fact:
1 . The proposed use of the property is in harmory with other uses in
area and is an appropriate use becasue of the close proximity of the
property to Salem Hospital;
2. Petitioner's plans have been reviewed and approved by the City Engin-2er.
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 . The proposed use of the property will not be substantially more
detrimental than the existing use to the neighborhood;
2. The proposed use of the property will promote the health, safety,
convenience and welfare of the city's inhab_tants;
3. The proposed use of the property is in harmony with the Salem
Zoning Ordinance.
DECISION ON THE PETITION OF RICHARD COsI'rAY AND
CHARLES BRENNAN, TRS. I'OR A SPECIAL PERMIT
FOR 9 COLBY ST.
page two
Therefore, the Zoning Board of Appeal voted unanimously to grant the Special
Permit in. accordance with the following terms and conditions:
1 . The property may be altered and its current use expanded by
addition of a second story and the addition of a new entrance
as shown on the plan (Plan B) submitted to the Board;
2. Petitioners shall maintain seventy one (71 ) parking spaces at the site;
3. Petitioners shall in all other respects comply with the terms of
plan B submitted to the Board and approved as noted by the City Engineer .
with respect to drainage, side,/alks, etc. as that Plan relates to
that property in question;
4. A Certificate of Occupancy and Use shall be obtained prior to
occupying second story
lames B. Hacker, Chairman
A COPY OF THIS-DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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