86 CONGRESS STREET - THERIAULT, LAWRENCE S - ZBA 86 Congress Rt. (R-3)
Lawrence S. Theriault
Special Permit
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Titu of .Salem,
'83 FEB -8 A1C :1 R
PourD of AFFMI
DECISION ON THE PETITION OF LAWRENCE S. THERIAULT REQUESTING
CIT� SFECTAL 9qRNT FOR 86 CONGRESS STREET
A hearing on this Petition was held on January 26, 1983 with the following Board Members
present: James Hacker, Chairman; Messrs. Piemonte and Hopper, and Associate Member Luzinsk
Notices of the hearing were sent to abutters and others and a notice of the hearing
was published in the Salem Evening News in accordance with Massachusetts General. Laws
Chapter 40A.
Petitioner has requested a Special Permit to use a vacant store at 86 Congress Street
for his coin, stamp and jewelry business. �-
With respect to this request for a Special Permit which involves a change`.in an-existing
non-conforming use, the provision of the Salem Zoning Ordinance which we deem to be
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,_ enlarge-
ment :extention or expansion of nonconforming lots, land structures and
• uses provided that such change. ..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 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.
The Board of Appeal, after consideration of the evidence presented at .the public hearing
and after viewing the. property, makes the following findings of fact: .
1) There are other commercial uses in the area and another commercial use at the site.
2) The proposed use of the property will not be detrimental to the area.
3) There was no opposition from neighbors to the proposed use of the property.
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 .pro
posed use of the property will promote the public health, safety, convenience, and welfare ar
(iii) that the proposed use of the property is in harmony with the Salem Zoning Ordinance.
Accordingly, the Board unanimously approved the granting of a Special Permit to the P
Petitioner.
The requested Special Permit is therefore granted in accordance with the following
*terms and conditions:
DECISION ON THE PETITION OF
LAWRENCE S. THERIAULT '83 FFA -8 A10 :18
REQUESTING A SPECIAL PERMIT
FOR 86 CONGRESS STREET CITY CLP7R,.,'j OFFICE
Page 2
January 26, 1983
1) A Special Permit is granted to allow use of the site as a coin,
stamp and jewelry business.
2) A Certificate of Use and Occupancy must be obtained for the entire building.
3)' All other necessary licenses and permits must be obtained.
Anthony M. Feehe ry
Secretary
A COPY OF THIS DECISION HAS -BEEN FILED WITH THE PLANNING BOARD & CITY CLERK
APPEAL 1`1104 THIS DECISION. IF ANY, SHALL BE MADE PURSUANT To SECTION 17 OF THE MASS.
G£:IEP.A.L LA'.'JS, CHAPTER 803, AND SHALL BE FILED WITHIN 20 OAYS AFTER THE DATE OF FLING .
Cr THiS CEcIS!ON IN THE OFFICE OF THE CITY CLERK-
NEP
LERK.
pu'E.AiIT
TO '::ASS. CE EP..L,LA IS, CHAPTER 803. SECTION 11. THE VARIA! E OF S?_C'AL PEPT Wlr
SR:'.i1;ED HERGtI, SHALL NOT TAKE EFFECT ORTH. A COPY OF THEDECISIC r. Ta
r:!ITION OF TH£ CITY CLERK. THAT 20 DAYS HAVE ELAPSED Ar:D PID AFP UL HA.: B I' FiLEO.
.- OR THAT. IF SUCH AN APPEAL HAS BEEN FILE, THAT IT HAS-BEEN DIS':ISSED CR C;7L70 IS
RE:.OSDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND IND£SED UI:D .R THE AA3:E OF TH= O'd:C3
OF RECORD OR IS RECORDED AND NOTED ON THE O%vNER'S CERTIFICATE OF TITLE. -
BOARD OF APPEAL
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