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5 GARDNER STREET - WRIGHT, DONALD L - ZBA 5 Gardner Street Ronald L. Wright d/b/a B & R Associates t .co CITY OF SALEM9 MASSACHUSETTS - PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR SALEM, MA 01970 TEL. (978) 745-9595 EXT. 380 FAX (978) 740-9846 STANLEY J. USOVICZ, JR. PETER STROUT, DIRECTOR OF PUBLIC PROPERTY MAYOR August 8, 2002 COPY John Worth 7310 US Highway 301 N Lot 30 Ellenton,Florida 34222-342 RE: 5 Gardner Street Dear Mr. Worth: This Department has been make aware that your property in Salem, 5 Gardner Street is not in compliance with the conditions set forth in a 1983 Board of Appeal decision. The conditions and limitations set forth in the decision are binding and enforceable by this department. One of the major conditions set for the in the 1983 decision is that the building must remain owner occupied. The second major condition was the creation of off street parking spaces. These spaces were created in 1983 and have subsequently been eliminated by the construction of an unpermitted deck and some landscaping. These conditions need to be corrected. You are directed to contact this office within 10 days upon receipt of this letter to discuss your plan to resolve these conditions. Failure to comply will result in a complaint being filed in Salem District Court. Sincerely, Thomas St. Pierre Acting Building Commissioner cc: Tom Phillbin Fire Prevention Councillor Driscoll John Keenan, City Solicitor Tse w%� a�.Ti1:5II1 2�1P11�� ��4��TC�'�lT3Pil� _„( � � h1tzraa 1�g �pttria ent \M�i�m vsj �uL111T11� ��7$�7.T�S:i L"1°2Lb`L ;. Richard T. McIntosh One Salem Green 745-0213 .. June 1 , 1983 TO WHOM IT MAY CONCERN: RE: 15`Gardner Street-'. I have made an inspection of. the above referenced property and hereby certify that it may be occupied as a three (3) family dwelling provide that: 1 . The property must remain owner occupied, cessation will cause it to revert to .a two (2) family dwelling. 2. Parking and landscaping at the site shall� be in strict accordance with the plan submitted to the Zoning Board of Appeals. Very truly yours, / Richard T. McIntosh Inspector of Buildings Zoning Enforcement Officer RTM:bms Pvar� of A"eaf '83 FEB -8 AT :12 . DEC3N ON THE PETITION OF RONALD L. WRIGHT FOR A SPECIAL CITY Ci_ TLFOR 5 GARDNER STREET Sr.L,.. . Hearings on this Petition were held on January 5. and 26, 1983 with the following Board Members present: James Hacker, Chairman; Messrs. Hopper and Piemonte and Associate Member Luzinski. Notice of the hearing was sent to abutters and others and a notice of the hearing was published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. The Petitioner has requested a Special Permit to enable him to convert the structure at 5 Gardner Street into a three-family dwelling. A Special Permit is needed because the property is in an R-2 Zoning District, where three-family dwellings are not otherwise permitted. In general terms, this Board is, when reviewing such Special Permit requests, guided by the rule that a Special Permit 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 and that the proposed use of the property will be in harmony with the zoning ordinance: The Board, after considering the evidence at the hearing on this matter, makes the following findings of fact:. 1. The Petitioners proposed plan .for the site will have a beneficial effect on the neighborhood and will improve the appearance of the site. 2. The proposed use of the property will have a negligible impact on parking or traffic patterns in the neighborhood. 3. The proposed use of the property was not opposed by abutters. On the basis of the above findings of fact, and on the evidence presented at the public hearing, the Board of Appeal finds that the proposed use of the property will promote the public health, safety, convenience and welfare and that the proposed use of the property is in harmony with the Salem Zoning Ordinance. Accordingly, the Board unanimously approved the granting of a Special Permit to the Petitioner. The Special Permit is therefore granted .in accordance with the following terms and conditions: 1) The property may be used as a three-family dwelling so long as it remains owner- occupied;if the property shall cease to be owner-occupied it will revert to to a two-family dwelling; • DECISION ON THE PETITION OF '83 FEB -8 A10 :18 RONALD L. WRIGHT FOR A SPECIAL PERMIT FOR 5 GARDNER STREET January 5 and 26, 1983 CITY 0rFICE Page 2 2) The parking area and landscaping at the site shall be in strict compliance with the plan submitted to the Board. , 3) A Certificate of Use and Occupancy shall be obtained prior to renting the property. thony M. Feeher y Secretary J 7SPEAL FROM THIS D'cCiSL".PI, IF ANY. SHALL BE MADE PURSUANT TO SECTION, 17 .0F THE !"AM - f,Zl- AL LA IS, CHAPTER 303, AND SHALL BE FILED WIMIN 20 DAYS AFTER THE DATE OF FILUM - QF T✓IS DECISION 114 THE OFFICE OF THE CITY CLERIC. - - - - - IIWRSv=CF TO MASS. GEN[RE..L Lr.IVS. CHAPTER 303. SECTION 11, THE VA41ticCE =-R `p7''`� 6F=e HLREi N. SHALL N!-;T T-'-'%E EFFECT UNTIL A GC,?Y OF THEE OECS`'' - FICATiD9 OF THE CI(Y CLE86 Tit AT 20 DAYS HAVE ELAPSED.AND P'J VKAL HAS - OR THAT. if SUCH M4 APPEAL HAS BEEN FILE. THAT IT HAS BEEN DIS;'E° D OZ ENS SO 13 RETARDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED W'DEQ T.;E PA`.E OF THE - OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TIT!E. -- - BOARD OF APPEAL A COPY OF THIS DECISION AND PLANS HAVE BEEN FILED WITH THE PLANNING BOARD & CITY CLERK