63-63 1/2,65-65 1/2, 4 BOSTON ST PROCTOR STREET - MELLO, EDWARD - ZBA 63-63''f Boston St.
65-65'-z Boston St.
/ 4 Proctor St. —J`\
Edward Mello
N
m
Ctu Of
g, Feb. 6
7.
Pourb of
N> /
DECISION ON THE PETITION OF EDWARD MELLO FOR A'SpLCIA- PERMIT
FOR 63-6322' , 65-653 BOSTON STREET AND 4 PROCTOR STREET, SALEM
A hearing on this petition was held January 25; 1934 with the following Board
Members present: James Hacker, Chairman; Messrs., Charnas, Hopper, Luzinski and
Associate Member Bencal. Notice of the hearing was sent to abutters and others
and notices of the 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 him to use the premises for a wholly
residential purpose. Currently, the premises has a mixed commercial and residential
use in this R-2 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 City's inhabitants.
The Board of Appeal, after hearing the evidence presented at the hearing, makes
the following findings of fact:
1 . No opposition was presented at the hearing;
2. The wholly residential use of the premises would be of more benefit
to the community than the present use.
On the basis of the above findings of fact , the Board concludes as follows:
44 DECISION ON PETITION OF EDWARD MELLO FOR
A SPECIAL PERMIT FOR 63-632' , 65-651 BOSTON ST.
AND 4 PROCTOR STREET
page two
Feb. 6
1 . The requested relief does not substantial84 dgAfjoj' tePr'L•o81$nor
nullify the intent and purpose of. the Zoning Ordinance;
2. The relief requested will not be a substarca�a1_detriment'-tio the
public good. `
Therefore, the Board of Appeal voted unanimously to grant the Special Permit
requested as more fully described on a plan submitted to the Board provided that
the petitioner obtain a Certificate of Use and Occupancy.
Scott E. Charnas, Acting Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPE;':.;_ F%"!'+i THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
Lr`,iS. CHAPTER 808. AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF F:L!31O ..
c �ui3 CECS$!ON IN THE OFFICE OF THE CITY. CLEM
i A3S CE7:ERaL L::'�S. CHAPTER.803. SECTION 11. THE VARIANCE OR SPECIAL P`45!T -
i SHiLI fr'Di TAKE EFFECT UNTIL A COPY OF THEDEMIO'' - SEA S T°c CET?• -
iCat. . -.,-"• c c AXO NO APPEAL HAS E_E.. nLL'J.
:;•p ,;.° Ir( CLERF. fHAT 20 DAYS Hos. ELAPSED Dc,,,� ..
A\ APPEAL HAS 6EEM FILE THAT IT HAS BEEN CiS'`"SSED C2 _..icD is .,
c.c•.r c� .� 11{ ,T:H= SCU:H ESSEX REGISTRY OF LEEDS AND 174DEXED WIDERF TITLE.
ENAME Gi ME `_
.._��..�_ CERTIFICATE 0
DF PE C;:C OR 13 RECORDED AND NOTED ON THE OJ.NER'S
BOARD OF APPEAL