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7A BUFFUM STREET - BUILDING JACKET �AQ �s2 \ CITY OF SALEMa MASSACHUSETTS �y< BOARD OF APPEAL #N_xz� 720 wASH(NGTQN STREET, 3RD FLOORSALEM, MA O t97Q T9 �� Mtne� EL. (9J8) 745-9595 FAX (978) 746-9946 loo] Aor STANLEY J. LISOVICZ, JR. MAYOR r DECISION ON THE PETITION OF DAVID SARA REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 7 A BUFFUM STREET I A hearing on this petition was held on August 20, 2003 with the following Board Members present: Richard Dionne Nicholas Helides, Stephen Harris, Joan Boudreau and Joseph Barbeau. 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 requests a Special Permit to extend a non-conforming use from a single family to a two family dwelling for the property located at 7A Buff um Street located in a 1 zone, The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is section 5-3 (2) (8), 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 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension of expansion, of nonconforming lots, land, structures, and uses, provided however, that such change, extension, enlargement of 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 health, safety, convenience and welfare of the City's inhabitants. A. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or stuctures in the same district. B. Literal enforcement of the provisions of the Zoning Ordinance would involve Substantial hardship, financial or otherwise, to the petitioner, C. Desirable relief may be granted without substantial detriment to the public good and Without nullifying or substantially derogating from the intent of the district or the purpose of the ordinance. i he Board of Appeal, after careful consideration of the evidence presented, and after viewing the plans, makes the following findings of fact � � DECISION ONTHE PETITION [)FDAVID SA|AREQUESTING ASPECIAL PERMIT FOR THE PROPERTY LOCATED AT7ABUFFUM STREET pa0e8wo 1, Petitioner appeared o0the July 16. 2803meeting and presented his plans and background Ofthe property. 2. The Board UfAppeals requested 8parking plan and had the petitioner come b8DK h} the next meeting. 3. Plans were presented showing the proposed parking plan. . 4 Discussion was held to determine a limitation to the total number of registered and inspected vehicles permitted 1obeparked onsite. 5. The petitioner requested 8limit (d2Vcars. The Board determined that the request would completely cover the site with vehicles. 8, Resident John Pe|VSi0f2Walter Street commented that the city should not allow uninspected vehicles to be parked on the premises, He further commented that making arestriction based 0Dregistered vehicles would allow Oloophole. 7. The Board limited the number 8fregistered and inspected vehicles t014. parked outside Ofthe building structure. On the basis nfthe above findings 0ffact, and onthe evidence presented @t the hearing, the Board ufAppeal concludes aSfollows; 1 . Literal enforcement 0fthe provisions ofthe ordinance would involve substantial hardship onthe petitioner. 2. The relief requested can bogranted without substantial detriment tothe public good and without nullifying or substantially derogating from the intent of the district or the purpose 0fthe ordinance, 3. The Special Permit granted can be granted in harmony with the neighborhood and will promote the public health, safety, convenience and welfare 0fthe City's inhabitants. Therefore. the Zoning Board of Appeal voted 5 in favor and 0 in opposition, to grant the relief requested, subject 1Othe following conditions: 1. Petitioner shall comply with all city and state statues, codes ordinances and regulations. 2. All requirements of the Salem Fire Department relative to smoke and safety o S\ri(t|yadhered, tC c� ! 3, All construction shall bedone per plans and dimensions submitted. 4 Petitioner shall obtain abuilding pert-nit prior k) beginning any construction, �� ' DECISION OF THE PETITION OF DAVID SAIA REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 7A BUFFUM STREET I page three S. Exterior finishes of the new construction shall be in harmony with the existing structure. 6. Petitioner shall obtain a Certificate of Occupancy. 7. Petitioner shall obtain approval from any City Board or Commission having jurisdiction including, but not limited to the Planning Board. $. Maximum of 14 currently registered and inspected vehicles allowed to be parked at the exterior on site at any point in time. Special Permit Granted August 20, 2003 / . ��// Jr n Nicholas Helides Board of Appeal 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 MGL Chapter 40A, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to MGL Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision, bearing the certification of the City Clerk that the 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that is has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title, r r- `J c,1 y CITY OF SALEMi MASSACHUSETTSOF AIR v� ko � 93 720 WASgHIONGTRON 5TR ETE ARD FLOOR C {^>�jf,c.> rfICC4P W g. SALEM, MA 01970 9���„t1nE TEL. (978) 745-9595 STANLEY J. UOSROVICZ, JR. FAX {978} 740-9846 ZQQ� U�, 26 ^ 4 MAY DECISION ON THE PETITION OF DAVID SAIIA REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 7 A BUFFUM STREET 1 A hearing on this petition was held on August 20, 2003 with the following Board Members present: Richard Dionne Nicholas Helides, Stephen Harris, Joan Boudreau and Joseph Barbeau. 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 requests a Special Permit to extend a non-conforming use from a single family to a two family dwelling for the property located at 7A Buffum Street located in a I zone. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is section 5-3 (2) (8), 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 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension of expansion, of nonconforming lots, land, structures, and uses, provided however, that such change, extension, enlargement of 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 health, safety, convenience and welfare of the City's inhabitants. A. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or stuctures in the same district. B. Literal enforcement of the provisions of the Zoning Ordinance would involve Substantial hardship, financial or otherwise, to the petitioner. C. Desirable relief may be granted without substantial detriment to the public good and Without nullifying or substantially derogating from the intent of the district or the purpose of the ordinance. The Board of Appeal, after careful consideration of the evidence presented, and after viewing the plans, makes the following findings of fact DECISION ON THE PETITION OF DAVID SAIA REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 7A BUFFUM STREET I page two 1. Petitioner appeared on the July 16, 2003 meeting and presented his plans and background of the property. 2. The Board of Appeals requested a parking plan and had the petitioner come back to the next meeting. 3. Plans were presented showing the proposed parking plan. . 4 Discussion was held to determine a limitation to the total number of registered and inspected vehicles permitted to be parked on site. 5. The petitioner requested a limit of 20 cars. The Board determined that the request would completely cover the site with vehicles. 6. Resident John Pelosi of 2 Walter Street commented that the city should not allow uninspected vehicles to be parked on the premises. He further commented that making a restriction based on registered vehicles would allow a loophole. 7. The Board limited the number of registered and inspected vehicles to 14, parked outside of the building structure. 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. Literal enforcement of the provisions of the ordinance would involve substantial hardship on the petitioner. 2. The relief requested can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the ordinance. 3. The Special Permit granted can be granted in harmony with the neighborhood and will promote the public health, safety, convenience and welfare of the City's inhabitants. Therefore, the Zoning Board of Appeal voted 5 in favor and 0 in opposition, to grant the relief requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statues, codes ordinances and regulations. 2. All requirements of the Salem Fire Department relative to smoke and safety shaLMe Strictly adhered to. c 3. All construction shall be done per plans and dimensions submitted. N) 0- s 4. Petitioner shall obtain a building permit prior to beginning any construction. D T- w r' � y DECISION OF THE PETITION OF DAVID SAIA REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 7A BUFFUM STREET I page three 5. Exterior finishes of the new construction shall be in harmony with the existing structure, 6. Petitioner shall obtain a Certificate of Occupancy. 7. Petitioner shall obtain approval from any City Board or Commission having jurisdiction including, but not limited to the Planning Board. 8. Maximum of 14 currently registered and inspected vehicles allowed to be parked at the exterior on site at any point in time. Special Permit Granted August 20, 2003 Nicholas Helides � Z Board of Appeal 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 MGL Chapter 40A, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to MGL Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision, bearing the certification of the City Clerk that the 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that is has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. Q 7 T Ur !_.