108,47, 50 CONGRESS, LEAVITT, PALMER STREETS - KEEFE, JOHN - ZBA 108 Congress/47 Leavitt
and 50 Palmer Sts. Yj
— — — John Keefe, Pres. —
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of 'Salem, assachuse#fs
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(41,6
'87 MA4 31 P 3 :00.
DECISION ON THE PETITION OF JOHN KEEFE FOR A
SPECIAL PERMIT AND/OR VARIANCE FOR 108 Congpp� ;/; Fire
47 Leavitt $ 50 Palmer Streets
A hearing on this petition was held March 18, 1987 with the following Board
Iembers present: James Hacker„ Chairman; Messrs. , Fleming, .Bencal, Strout
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and Associate Member Dore. 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.
The petitioner, represented by Attorney Kevin T. Daly , is requesting a
Special Permit and/or Variance to divide property at 108 Congress/47 Leavitt
and 50 Palmer Streets in this B-1/11-3 district.
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The provision of the Salem Zoning Ordinance which is applicable to this request
fo= 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 granting of the Special Permit will promote the public
health , safety, convenience and welfare of the City's inhabitants..
The Variance which has been requested may be granted upon a finding of the
Board that:
a. special conditions and circumstances exist v:hich especially affect
the land, building or structure involved and which are not generally
affecting other lands, buildings and struc ures in the same
district;
b. literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner;
and
c. desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating
from the intent of the district or the purpose of the Ordinance.
The Board of Appeal, after hearing the evidence presented at the hearing
and after viewing the plans, makes the following findings of fact.
1. There was no opposition to the proposal.
2. Division of the property will not change the use of the
properties as 47 Leavitt Street and 108 Congress Street will
remain as one lot.
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On the basis of the above findings of fact, and on the evidence presented
at this hearing, the Board of Appeal concludes the following: ._
1. The granting of a Special Permit would promote the public health, L}
safety, convenience and welfare of the City's inhabitants.
2. Literal enforcement of the Ordinance would involve a substantial
hardship of the petitioner.
3. Special conditions exist which especially affect the properties
involved but do not generally affect the district; and
t 3. The granting of the relief requested would not be detrimental to the
public good and would not nullify or substantially derogate from the
intent and purpose of the Ordinance.
{ Therefore, the Zoning Board of Appeal voted unanimously 5-0 to grant
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the Variance and Special Permit requested.
GRANTED. C
cce d 4w�
Peter A. Dore, Associate Member
' Board of Appeal
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A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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I DECISION, IF ANY. SHALL BE MADE PURSUANT TO SECTION HE 17 OF THE V.,'M
APPEAL L LAV THIS
GENERAL LAYlS. CHAPTER 806, AND SHALL BE FILED WITHIN 20 DAYS AFT
Imo' OF THIS DECISIGN IN THE CFFICE OF THE CITY CLERK. P` 1 P-�,,.T
PU i:SAST TO LASS_ C,E`IERAL LAWS CHkPi ER 2D6, SECTUN 11 THE VARIANCE OPS Tp r RT
w GR=.%-ED HEREIN. SHALL No! TARE EFFECT UNTIL A COF1' OF THE DECI-11-' EF
ND
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RAT 20
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GRATFi. OF THE
SUCH IAN APPEALTHP$ BEES FILE pTHATL IT SHASABEENy G$IfISSEOHOR CEXIEO T
r REC'�RDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND IN
Uf:DER THE NA'd"c CF THE 67;t:c;
" iO ON THE OWNER'S CERTIFICATE OF TITLE.
DF RECORD OR IS RECORDED AND NOT
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