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9 COLBY STREET - CONWAY & BRENNAN, RICHARD & CHARLES - ZBA (2) 9 Colby Street Richard E. Conway & _ \\ Charles G. Brennan, Trustees /' , f Tbr$g of _$alerra, �peeUllF'e�'`�r DECISION- ON THE :PETITION OF RICHARD E. CONWAY AND CHARLES G. BRENNAN, TRUSTEES, FOR A SPECIAL PERMIT FOR 9 COLBY STREET A hearing on this Petition was held on January 20, 1982 withjM 61103im PM �ppry Board Members present: Douglas Hopper, Chairman, Messrs. Hacker, Piemonte, LaBrecque and -- Feeherry. Notices of the hearing were sant to abutters and others KR& Rotices of the hearing were properly published in the Salem Evening News in accorgtQ with Massachusetts General Laws Chapter 40A. G 4'K 411M,H'RS$` The Petitioners have requested a Special Permit to expand the existing non- conforming use of the property in question. The properly is currently used as a medical building. Petitioners intend to expand this use by adding a second story -to' the building. The property is within an 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 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 nonconform- ing 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 health, safety, convenience and welfare of the City's inhabitants. The Board, after considering the evidence at the hearing on this matter, makes the following findings of fact: 1) The proposed use of the property is in harmony with other uses in the area and is an appropriate use because of the close proximity of the property to the Salem Hospital. 2) Petitioners' plans have been reviewed and approved by the City Engineer. On the basis of the above findings of fact and on the evidence presented at the public hearing, the Board of Appeal ' .finds (i) that the proposed use of the property will not be substantially more detrimental than the existing use to the neighborhood, (ii) that the proposed -use of the property will promote the health, safety, convenience, and welfare of the City's inhabitants, and (iii) that the proposed use of the property is in harmony with the Salem Zoning Ordinance. Accordingly, the Board approves (4-1) the granting of a Special Permit to the Petitioners. (Mr. Hacker voted in opposition) . DECISION - RICHARD E. CONI4AY AND CHARLES G. BRENNAN, TRUSTEES 9 COLBY STREET Page 2 January 20, 1982 JAN 26 3 is PM W FILE " CITY 6 SE +:R S':L ER.H,4S1 The Special Permit is therefore granted in accordance with the following terms and conditions: 1. The property may be altered and its current use expanded by the 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 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, sidewalks, etc. as that Plan relates to the property in question. Anthony M. Feeherry,t, ecretary l/ F PC d.Mv.'. , .'.[SI , .i ,.c _,.° !'ASS. - k. S--- OF EEMdD 0; IS RLMRDED Al L) ?i6 U , i.... LR- ,,.., - - BOARD OF APPEAL - - j A COPY OF THIS DECISION AND PLANS HAS BEEN FILED WITH THE PLANNING BOARD AND CITY CLERK z o 4 rs W47- fi. 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