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156 LAFAYETTE STREET - TASSINARI, ROBERTO - ZBA 156 Lafayette St. R-3 r — - Roberto Tassinari— i l �M --S C of Pnttrb ,of 1 Appeal $4 FEE "29P 3- DECISION ON THE PETITION OF ROBERTO TASSINARI FOR CIPI� SPECIAL PERMIT FOR 156 LAFAYETTE STREET, SALEM `-- A hearing on this petition was held February 15, 1984 with the following Board Members present: James Hacker, Chairman; Messrs., Charnas, Luzinski and Associate Member Bencal. 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 requests a Special Permit to allow individuals other than himself. to use the premises for the operation of a dentist's office. Previously, this Board granted petitioner a Special Permit allowing only petitioner the right to so use the premsies. This is 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 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. After hearing the evidence presented at the hearing, the Board mares the following findings of fact: 1 . Expanding the nonconforming. use to allow individuals other than petitioner himself to use the premises as a dental office will not appreciably affect the neighborhood any more or less, than when petitioner himself had this right_' On the basis of the above finding 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 to the neighborhood than the existing use; 2. The relief requested is in harmony with the purpose and intent of the Zoning Ordinance. Therefore, the Board of Appeal voted unanimously to grant petitioner the Special Permit requested, provided that: DECISION ON THE PETITIONER OF ROBERTO TASSINARI FOR A SPECIAL PERMIT FOR 156 LAFAYETTE STREET, SALEM page two 1 . A letter be received from the Pastor of St. Joseph's Parish, 135 Lafayette St. , granting permission to patients of .any dentist or dentists who may practice dentistry at 156 Lafayette St. , to use as a supplementary parking area the Church parking area located at the corner of Lafayette and Dow Streets; 2. A Certificate of Compliance be obtained by the Fire Marshal for the premises; 3. No more than five (5) persons be employed on the premises; 4. At least four (4) on premises parking spaces be maintained. SPECIAL PERMIT GRANTED n 05 =i a rrn p awZ- . Scott E. Charnas, Acting Secretary A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK A :.._ , 1�:! TH!S KCISiO", IF ANY, SHALL BE MADE PURSUANT T^ St ..: Tr,.'i 17 GF i ?!_ .aS. CIP.PTE^ 3:i7, P.NO SHALL 9E F!LED 6VITHI41 20 DAYS AriER THE DATE G= C'. IN THc OFFICE'GF THE CITY CLUK. _ .. .. .•. .9A�.. CE! --IAL LA.iS, C'..'O'ER SO3, SECTION 11. TF:_ C? S?E'` _ F_1L.. -. _. ... _I_!�L SH .�L NnT iA:�E EFFECT U;JIL A COPY OF TH:[EC:.. �_ .... ...,... .... T'i CLERK THAT 20 DAYS HIWE ELA?SED ANO NO AP?EA! :F Sj"N liid APPEAL HAS CEEt F!E• THAT IT HAS rEEN G:S?:L:2SE? eq C-aid:: 1i' ^_::• S:i C: THE SOUTH ESSEX REOIS'(R'! OF DEEDS AND If10E:E0 UCa'.ER TfiE N.A.1 VFTV= 0 i.ZT, i:RC OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE G: TITLE- - s BOARD OF A?KA'' a