331 ESSEX STREET - L'HEREUX, ROGER - ZBA 6
313 Essex St. R-2
Roger L'Hereux _
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DECISION 8@ THE PETITION 87 ROGER L`86DCSX Fo� 4.
SPECIAL PERMIT FOR 313 ESSEX 5T.
& hearing on this petition was held December 17, 1986 with the following Board.
Members .rcn*ct; James Backer, Chairman; Messrs. , 8eocul, Luzinoki, Strout and '
Associate Member LaBrecaue, Notice of the hearing was sent Co abutters and utliers
and notices of the hearing were properly published in the Salem Evening News in '
accordance with Massachusetts General Lana Chapter 40&.
Petitioner is requesting a Special Permit to convert u lodging house into five
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dnelliog units in this B-2 district.
The provision of the Salem Zoning Ordinance wbicr. io applicable to this regeus-u
for a Special 9e�nsit is Section V B lO, which provides as follows: �
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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
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VIII P and II B, grant Special Permits for alterations and recooutr�octiou 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 ezpaooiou shall not be substantially more detrimental than
the existing nonconforming use to the neighborhood. i
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In more general terms, this Board is, when reviewing Special Permit requests, �
guided by the rule that a special permit request may he granted upon a finding !
b? the Board that the grant of the special permit will promote the public health, �
safety, convenience and welfare of the City' s 1ohcUit1aotu. [
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The liuzrd 1�f &ppeal, after careful consideration of the evidence presented at the (
hearing and ayter viewing the plans, makes the following findings of fact:
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l . The Salem Fire Department supports said project, with coodit�lous; |
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2. 6 letter from abutters in favor was sobm---1ec'; !
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]. There was mioor opposition to five units; )
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4 . Structure is correotiv used an a fifteen ( 15) unit rooming house;
5. Planned reconstruction and use change would improve the neighborhood;
6. Overwhelming neighborhood support for four (4) units as opposed to
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five (5) units;
7. Four (4) or five (5) units would substantially stahalire the neighborhood.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . The proposed use will not be more detrimental to the neighborhood
. than, the existing nonconforming use;
2. The relief requested can be granted without nullifying or substantially
derogating from the intent of the district or the purpose of e Ordinance.
DDECISION _ PETITION rROGER ,HERE FOR G. SPECIAL
.. STGi; G' _. _ ___1C:: 0 RQ�..., _ .-bL7: u;, _ r...
PERMIT FOR 313 ESSEX ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted four to one, (4-1 ) to grant the relief
requested. Mr. Eer.cal voted in opposition. Said Special Permit is granted subject
to the following conditions:
1 . A minimum of seven (7) parking spaces be maintained on site as per
plans submitted;
2. Plans are to be presented to the Salem Fire Prevention Bureaur for
approval prior to the issuance of a building permit;
.x 3. Construction conform to all applicable Fire Dept. regulations and
:r"> the State Building Code;
4. A Building Permit must be obtained;
5. A Certificate of Occupancy for each unit must be obtained;
6. Approval of the Salem Historical Commission must be obtained for
and exterior work.
7. Special Permit is granted for four (4) units only.
SPECIAL PERMIT GRANTED J
/dames B. Hacker, Chairran
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERC
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BOARD OF AFPEA[
CONTRACTING - REAL ESTATE RENTALS
125 IPSVACH ROAD
TOPSFIELD, MA 01983
617-887-5177
December 8, 1986
CITY OF SALEM
BOARD OF APPEALS
One Salem Green
Salem, PLS 01970
Dear Board of Appeals:
As abuttors to- Lssex Street 10 Summer Street, we h 2�io
- objections to the conversion of 313 Essex Street to five apartments.
Sincerely,
Frederick D. mall
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Photographers
317 Essex Street, Salem, Mass. 01970 Tel. (617) 744-1055
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December 5 , 1986
City of Salem
Board of Appeal
One Salem Green ;
Salem, Ma. 01970
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Dear Members of the Appeals Board,
I would like to voice my opinion in favor of the
condo conversion at 31:3 Essex Street, Salem. i
The plan set forth by Roger L 'Hereux would be an
improvement to his- property and the neighborhood_ in
general .
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Sincerely,
Si
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Robert S . Ginsburg
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CONTRACTING - REAL ESTATE RENTALS
125 IPSWICH ROAD
TOPSFIELD, MA 01983
617-887-5177
December 8, 1986
CITY OF SALEM
BOARD OF APPEALS
One Salem Green
Salem, MA 01970
Dear Board of Appeals:
As abuttors to 313 Essex Street at 10 Summer Street, we have no
objections to the conversion of 313 Essex Street to five apartments.
Sincer1ey,
rederick D. mall
FDS/ckm
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SALEM, MA �l
tl311 ESSEX STREET
-70
December tel
-� 1986
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One Salem Green
City of Salem
Board of Appeal —t=
Salem, Ma 1970
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lRoger L 'Hereux has spoken to me on two . Fl
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property at 313 Essex Street , from a rling house
to a five . . dwelling. - rl
I think his plans will upgrade the property and be
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city-
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L�1Louis N. Mangi est / L�1
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Photographers
317 Essex Street, Salem, Mass. 01970 Tel. (617) 744-1055
December 5, 1986
City of Salem
Board of Appeal
One Salem Green
Salem, Ma. 01970
Dear Members of the Appeals Board,
I would like to voice my opinion in favor of the
condo conversion at 313 Essex Street, Salem.
The plan set forth by Roger L'Hereux would be an
improvement to his property and the neighborhood in
general .
Sincerely,
0A&XA
Robert S. Ginsburg
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