80 OCEAN AVENUE - CHANDLER, FRANK - ZBA 80 Ocean Ave. R-2
Frank Chandler
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DECISION ON THE PETITION OF FRANK W. CHANDLER fi A �
SPECIAL PERMIT FOR 80 OCEAN AVE. , SALEM ; -�
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A hearing on this petition was held March 15, 1985 with the following Board Members
present: James Hacker, Chairman; Messrs. , Charnas, Gauthier, Luzinski and Strout.
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 Law Chapter 40A.
Petitioner, owner of the premises, is requesting a Special Permit to convert an
existing two family dwelling into a three family dwelling in this R-2 district.
The provision of the Salem Zoning Ordinance which is applicable to this request R.r
for a Special Permit is Section V B 11 , 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,
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rovided, however, that such change, extension, enlargement or
expansion shall not be substantially more detrimental than the
existing nonforming 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 begranted 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.
After hearing the evidence presented at the hearing and after viewing plans of the
property, the Board of Appeal makes the following findings of fact:
1 . All abutters were in favor;
2. There was no opposition.
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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 . The petitioner's plan will not be substantially more detrimental
to the neighborhood than the existing use;
2. The granting of the Special Permit will promote the health, safety,
convenience and welfare of the City's inhabitants;
3. The relief requested is in harmony with the purpose and intent of
Zoning Ordinance;
DECISION ON THE PETITION OF FRANK W. CHANDLER FOR
A SPECIAL PERMIT FOR 80 OCEAN AVE. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously 5 - 0 to grant the
Special Permit requested, under the following terms and conditions:
1 . Twenty foot width driveway must be maintained;
2. Five (5) defined parking spaces must be maintained on site;
3. Must be owner occupied;
4. A Certificate of Occupancy must be- obtained;
5. If any of the above conditions are violated the property will
revert back to a two family dwelling.
SPECIAL PERMIT GRANTED
ames B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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APPEAL FR3%1 THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TOSECTION17 CWTHE MASS
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GENERAL LAVrS, CHAPTER. EDS, AND SHALL BE F!LEU V,"THIN 23 DAYS AFTER THE DgE OF FILII &
OF THIS DEGS:GN IN THE OFFICE OF THE CITY CLERK. y�
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PI APT 7, r S rr rl L L ;;c CHAPTER E23, SEMIDN 11 THE VARIFn E OR LAEC!AL PEP,,
GRA;-ED SHALL N_T TIE EFFECT UNTIL A CCPY OF THE DECISrC , BEARI' THE CERT
FI CA.,I:i„ OF THE CITY CLEFT. TH;T 20 UA.1S HA E [LAPSED AI'iD NO A.PFEAL HAS 5 FILED.m -
OP, THA1. !F S9CH f.'! APPEAL HAS BEEN FILE. THAT IT HAS BEEN DiE'.�ISSED OR IS dLPA
RECOF,OED pr THE SJJTH ESSEX REGISTRY OF OEM AND INDEXED UNDER THE NwAiE OF THE OVINE':
OF RECORD OR IS RECORDED AND NOTED ON THE Oi9NER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL -
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