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40 SUMMER STREET - BUILDING INSPECTION� �� � �� � � . e � - a ofSIem, Crttstttl��zsefs DECISION ON THE PETITION OF DAVID AND LOU C(iiS14CUA FOR A SPECIAL PERMIT TO CONVERT THE PROPERTY AT 40 SUMMER STREET AND ZERO BROAD STREET TO TWO CONDOMINIUM UNITSq T � L .4 a_!i y FILE: A hearing on this Petition was held on January 20EI-A982 w�ith111-he!+$9$lowing Board Members present: Douglas Hopper, Chairman; Messrs. Hacker, Piemonte, LaBrecque and Feeherry. 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. This proposed condominium conversion is covered by the terms of the City of Salem's condominium conversion ordinance. The Special Permit that has been requested may therefore be granted only upon a finding by the Board of Appeal . that (1) the grant of the Special Permit will not adversely impact upon the city's existing stock of rental units for low and moderate income families and elderly people on fixed incomes, (2) that the grant of the Special Permit is not contrary to the City's Master Plan, and (3) the grant of the Special Permit will not have an adverse effect on the neighborhood. The Board of Appeal, after considering the evidence at the hearing, and after viewing the property makes the following findings of fact: 1. The property in question is particularly suited for conversion into two condominium units. 2. The proposed conversion of this property to two condominium units in no way conflicts with the Master Plan of the City of Salem. . 3. The proposed conversion of this property into two condominium units was not opposed by abutters and neighbors. 4. Because of the restrictions outlined in this Special Permit, no hardship is caused by the proposed condominium conversion to any residential tenants. On the basis of the above findings of fact and on the evidence presented at the public hearing, the Board of Appeal:,: by a unanimous vote concluded that the proposed condominium conversion is in harmony with the condominium conversion ordinance of the City of Salem. . Accordingly, the Board voted in favor of granting the requested Special Permit in accordance with the following terms and conditions: 1. The conversion shall be in accordance with the plans submitted to this Board. 2. Petitioners may take no action in furtherance of this conversion until September 1, 1982. 3. Petitioners shall do no construction in the .apartment which is currently occupied by tenants until September 1, 1982. DECISION - DAVID AND LOU CHISHOLM 40 SUPAIER STREET AND ZERO BROAD STREET Page 2 January 20, 1982 JAN 26 3 i5 FM T FILE st 4. Petitioners shall not increase the rent of the existjup C!`.0 S;!EH.MasS: tenants during their occupancy of the property. 5. The existing tenants at the property shall have until September 1, 1982 to vacate the property. 6. In the event that the petitioners wish to show the unit which .is currently rented to prospective purchasers, this will be accomplished by appointment with the existing tenants. 7. Certificates of occupany shall be issued prior to the sale of any condominium unit. Anthony M. .FeeherT; Secretary .. AFP -L F!;__^.:i ' i- ::°. S7! _NT.TJ _ _ ..P.SS. . PC r.J.J i.: T- of R-!, . BOARD Cr AMAL A COPY OF THIS DECISION AND PLANS HAS BEEN FILED WITH THE PLANNING BOARD AND CITY CLERK