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19 DEARBORN STREET - MAZZARINI, THOMAS - ZBA (2) 19 Dearborn St R-2 Thomas Mazzarini 4 1 r " Ctv of o Sttlem, ttso r usP## 2 `T 4 9' '84 JUL -2 _ ? 3 Pourb of 4vrg ''r �01y1%E EPi C1T'r' `.. rj^F E)ECISION ON THE PETITION OF THOMAS MAZZARINI FOR A SPECIAL PERMIT FOR 19 DEARBORN ST. , SALEM (R-2) A hearing on this petition was held on June 20, 1984 with the following Board Members present: James Hacker, Chairman; Messrs. , Gauthier, Luzinski, Strout 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 is requesting a Special Permit 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 for a Special Permit is Section V B 10, wnich 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 nad 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 healthy safety, convenience and welfare of the City's inhabitants. The Board of Appeal, after considering the evidence presented a the hearing, makes the following findings of fact: 1 . There was no neighborhood opposition to petitioner's proposal; 2. There will be on site parking for five (5) vehicles. 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 proposed use will promote the public health, safety, convenience and welfare of the city's inhabitants; 2. The proposed use is in harmony with the City's Zoning Ordinance. Therefore, the Zoning Board of Appeal voted unanimously in favor of granting the Special Permit to allow the premises to be used as a three family dwelling under the following terms and conditions: DECISION ON THE PETITION OF THOMAS MAZZARINI FOR, A SPECIAL PERMIT FOR 19 DEARBORN ST. , SALEM page two 1 . The premises remain owner occupied, if the property ceases to be owner occupied it will revert to a two family dwelling; 2. Five on site parking spaces be maintained; 3. A Certificate of Occupancy be obtained; 4. A Certificate of Compliance be obtained from the Salem Fire Prevention Bureau. SPECIAL PERMIT GRANTED /Baines B. Hacker, Chairman A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS. _ GENERAL LA'i!S. CHAPTER 303, AND SHALL BE FILED IVITHIN 20 DAYS AFTER THE DATE OF FILING OF T—S DECIS!GN IN THE OFFICE OF TI-H CITY. CLERK. - - - PU ..SV�I TO 11.4SS. GENERAL LAOIS, CHAPTER CCS. SECTION 11, THE VARIANCE 02 SPEC!AL PERMIT NOT TA;,E EFFECT UFS . A COPY OF THE r6131 'r FEARIN'; THE C=p.T- fi;;''"FJ CF THE 1-:T( i li! CLERK THAT 20 DAYS H E ELAPSED 0,") NO Pp" H'o B`EN FILED, G'.? TrAT. IF S'I:lH A}' APPEAL Hi,S BEEN FILE. -FHRT VT HAS BEEN D!2.V.:LSED CR' DL:!EJ IS $EVNDED I% THE SOUTt. ESSEX RE;ISTR( OF DEEDS AND !NDEXED UF:DF•', THE !JANE OF THE OV,NER 'OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CEP,TFICA' OF TITLE. BOARD OF APPEAL 77 M W C,- .. _,' .. W U -