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9 NORTHEY STREET - ADAMS, JAMES & CATHERINE - ZBA i g Northey St. R-2 James & Catherine Adams - -- ---- —� 1 d� I� J f 3 . Gity of "rolem, 'AH65a juhA 1134 6N '67 FILE# s Wnarb of �Vpexl. •Z+<a �^ CITY CLERK.SALEH.HASS. AMENDED DECISION ON THE PETITION OF JAMES & CATHERINE ADAMS FOR A SPECIAL PERMIT AT 9 NORTHEY STREET (R-2) A hearing on this petition was held May 13, 1987, with the following Board Members present: James Hacker, Chairman; Messrs.', Fleming, Luzinski, Strout and 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. Petitioner, owner of the property, is requesting a Special Permit to allow three family to be converted to a four family,. located in a R-2 zone. 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 B and IX D, grant Special Permits for alterations and reconstruction of non- conforming 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 prorate the public health, safety, convenience and welfare of the City's inhabitants. The Board of Appeal, after careful consideration of the evidence presented at the hearing, the Board of Appeal concludes as follows: 1. There is sufficient parking. 2. Will not be detrimental the the neighborhood. 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. Special conditions exist which especially affect the subject but do not affect the district generally; 2. Literal enforcement of the Ordinance would involve substantial hardship to the petitioner; 3. The relief requested can 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. ! 'v DECISION ON THE PETITION OF JAMES & CATHERINE ADP14S FOR SPECIAL PERMIT AT 9 NORTHEy STREET. (R-2) PAGE 2 Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Special Permit requested, subject to the following conditions: 1. Must be owner occupied. 2. Parking area be enclosed with fencing to `,consistent with the existing fence. 3. Six legal parking spaces be maintained. 4. Historic integrity be maintained. 5. Garage to be demolished and a permit be obtained for the demolition. 6. Comply with all requirements of the Salm Fire Prevention Bureau. 7. Obtain building permit. 8. Obtain Certificate of Occupancy. SPECIAL PERMIT GRANTED Peter Strout Member, Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AMID THE 'CITY CLERK APPEA' FROW THIS DECISION. IF ANY. SHALL BE MADE PURSUANT TO SECTION 17 OF THE GENERAL LFJYS, CHAPTER 808. AND SHALL BE FILED W!TY.IL' 2C DAYS AFTER THE DATE OF FILIKG OF THIS DECISION IN THE OFFICE C: THE CITY CLERK. PUF.Sfii;i TO S.SS. C;^.:5;: L4l'i S. C9:.-TER E i SE:i�!'-i: 11, THE VAiIAGCE CR SEE 'Cl CfiA�iiEO HERE CI. SHALL liCi! iAI:E EFFECT UI;T!! � CCPY OF iH::"Ei::S!:%.''i. _.. ..-. ... IIiE IFIL'. F,C=..7UN CF THE CC!T)' C'LEU THAT 20 DPiS HAVE ELAP,,rD 'd;7 N^ APPEAL HAS E. ,-P, THA IF Sb,r. Aid APPEAL HAS BEEG FILE, THA.; IT -,3 E-- Dl' CR DEN-!) 1, � RECDRDED V: THE SOU1H ESSEX RE-I.,-,R',' C 73 I"INE INDEXED UNDER THE NA:',E OF THE OF RL ORD OR IS RECOBDED AND I;CICU JN 7:._ „. NER'3 CERTIFICATE OF TITLE. BOARD OF APPEAL (gitg of Iem, assarhA, S 1134 IN '87 z SFILE# a 'z �$ P curb of e.a, CITY CLERK. SALEM,MASS. AMENDED DECISION ON THE PFPITION OF JAMES & CATHFI= ADAMS FOR A SPECIAL PERMIT AT 9 NORTHEY STREET (R-2) A hearing on this petition was held May 13, 1987 with the following Board Members present: James Hacker, Chairman; Messrs. , Fleming, Luzinski, Strout and 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. Petitioner, owner of the property, is requesting a Special Permit to allow three family to be converted to a four family, located in a R-2 zone. 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 B and LX D, grant Special Permits for alterations and reconstruction of non- conforming 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 careful consideration of the evidence presented at the hearing, the Board of Appeal concludes as follows: 1. There is sufficient parking. 2. Will not be detrimental the the neighborhood. 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. Special conditions exist which especially affect the subject but do not affect the district generally; 2. Literal enforcement of the Ordinance would involve substantial hardship to the petitioner; 3. The relief requested can 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. DECISION ON THE PETITION OF JAMES & CATHERINE ADAMS FOR SPECIAL PERMIT AT 9 NORTHEY STREET (R-2) PAGE 2 Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Special Permit requested, subject to the following conditions: 1. Must be owner occupied. 2. Parking area be enclosed with fencing to consistent with the existing fence. 3. Six legal parking spaces be maintained. 4. Historic integrity be maintained. 5. Garage to be demolished and a permit be obtained for the demolition. 6. Comply with all requirements of the Salm Fire Prevention Bureau. 7. Obtain building permit. ' 8. Obtain Certificate of Occupancy. SPECIAL PERMIT GRA= Peter Strout Member, Board of Appeal A COPY OF THIS DECISION HAS BEEN FIT WITH THE PUNNING BOARD AND THE CITY CLERK APPEAL FROid THIS DECISION. IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE GENERAL LAWS, CHAPTER 89S. AND SHALL BE FILED LY!THIN 2C DAYS AFTER THE DATE OF F1llC2 OF THIS DECIS!GC III THE OFFICE CF THE CITY CLERK. PURSANT TO •ASS. .N'_RAL V.V7C. CHATTER £Go SECTIC : 11. THE VARIA'l.lCE C''-. SFEFI=.L FE. ''iT �R. i'TED HERE3':. SHALL NC'.! TAKE EFFECT Ui:TIL A CCPY OF THE FI C4:TICR OF THE :ITY CLEF' THAT [O DAYS F.A':E ELA?SED .'i0 k0 APPEF.L HD.S EEEi! F. -19. OP, THAI. IF SLIP. AN APFEAL HAS B[:.1 F!c. THF.: IT SE-14 DIS:SISSED OR OEiCEO IS - REc�'ROED Ili THE SOUM ESS':: RE'ISTR'Y C.- ..3'3 AN', :NDEXED UNDER THE NA:.:E OF THE OF RECORD OR IS RECORDED AND =--O N Y: _ ..VNEB'S CERTIFICATE OF TITLE. BOARD OF APPEAL PETITION I sign this petition in support of the special permit before the City of Salem Zoning Board of Appeals allowing the use of 9 Northey Street as a four ( 4) family dwelling as petitioned by Catherine and James Adams . My support is contingent on the following conditions : ( 1 ) That a condition of the special permit be that the dwelling be owner occupied, (2) That the parking area be enclosed with fencing consistent with existing fencing, (3) That the historical integrity of the building be maintained. Nam ,mac, Address Date ly, 2 MmAi Si-, 3/3'9-- P'nD` z�'_' 13z 2SV 5T 3/3!$-7 I s a - - - - �v_�n i°n-).hem p U ...th� �3:a-�zal,�.. _ _r . ._.._ __. ._._. _ - - . ., _�,._ _ _, _� _..._ ____. 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