9 COLBY STREET - CONWAY & BRENNAN, RICHARD & CHARLES - ZBA (3) 9 Colby St. '
R-3
Richard Conway &
Charles Brennan
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DG,C'N**!,THE PETITION OF RICHARD CONWAY AND CHARLES BRENNAN SALE ; ur"F7C
FOR A SPECIAL PERMIT FOR 9 COLBY STREET (R-3) HA$g
A hearing on this petition was held on March 18, 1987 and continued to April 15,
1987 with the following Board Members present: James Hacker, Chairman; Richard A.
Bencal, Secretary; Messrs. , Fleming, Strout and Associate Member Dore. Notice of
the original 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 are requesting a Special Permit to allow construction of a second
story addition 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, 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 the City's inhabitants.
The Board of Appeal, after careful consideration of the evidence presented at the
hearing, makes the following findings of fact: Y
1 . The proposed addition would be in harmony with the area in general.
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 addition will promote the welfare and convenience
of the City's inhabitants;
2. The proposed addition will improve the property.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Special Permit requested, subject to the following conditions:
1 . The building must meet all requirements of the Salem
Fire Department;
2. All construction conform to all applicable provisions of
the Massachusetts State Building Code;
DECISION ON THE PETITION OF RICHARD CONWAY AND CHARLES BRENNAN
FOR A SPECIAL PERMIT FOR 0 COLBY ST. , SALEM
page two
3. Proper street numbering be obtained from the Salem City Assessor;
4 . Fifty eight (58) legal parking spaces be maintained on the site
with three (3) of them reserved for handicapped.
5. All construction be as per plans submitted;
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6. A maximum of eight (8) physicians be employed on site;
7. A Certificate of Occupancy be obtained; .
8. A drainage plan for the addition and the parking lot be
reviewed by the City Engineer.
SPECIAL PERMIT GRANTED
chard A. Bencal, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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