7-9 CHERRY STREET - ZBA (2) 7-9 CHERRY STREET 1
RUDY HAZAIRE
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DECISION ON THE PETITION OF RUDY NAZAIRE REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 7-9 CHERRY STREET R-2
A hearing on this petition was held September 15, 1999 with the following Board
Members present: Nina Cohen, Chairman, Ronald Harrison, Stephen Buczko, Stephen
Harris,and Richard Dionne. 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 structure for the
property located at 7-9 Cherry Street R2.
The provision of the Salem Zoning Ordinance which is applicable to this request for a
Special Permit is section 5-3 0), 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 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 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:
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OF SALEM. MA
CLARK'S OFFICE
DECISION ON THE PETITION OF RUDY NAZAIRE REQUESTING'5AP€CfA1 P 3: 32
PERMIT FOR THE PROPERTY LOCATED AT 7-9 CHERRY STREET R-2
page two
1. The petitioner, represented by Jack Keilty, Esq. Requested a Special Permit to
extend the third-floor living area of his nonconforming four-family residence to
allow him to office additional living space on the third floor to the tenants of the
second-floor apartment. Plans submitted with the petition showed the proposed
expanded height of the roofline, in addition to a proposed interior layout.
2. Petitioner stated that the newly created living space would become part of the
existing apartment and would not create a new or separate dwelling unit.
3. There was no opposition to the-proposed petition.
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 unanimously, 5-0, 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 construction shall be done per the plans and dimensions submitted and approved
by the Zoning Enforcement Officer.
3. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. A Certificate of Occupancy shall be obtained.
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DECISION OF THE PETITION OF RUDY NZAIRE REQUESTING A SPECIAL PERMIT
FOR THE PROPERTY LOCATED AT 7-9 CHERRY STREET R-2
page three
6. Exterior finishes of the new construction shall be in harmony with the existing
structure.
Special Permit Granted
September 15, 1999
Nina Cohen, Chairman
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.
Board of Appeal
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Salem Historical Commission
ONE SALEM GREEN,SALEM,MASSACHUSETTS 01970
(978)745-9595 EXT.311 FAX(978)740-0404
July 14, 1999
Nina Cohen, Chairman
Board of Appeal
One Salem Green
Salem, MA 01970
Dear Chairman Cohen:
The Salem Historical Commission is in receipt of your agenda for July 21, 1999 and offers the
following comments:
• 7-9 Cherry Street -Enclosed please find a building survey form indicating that the home was built
c.1916. While the Commission takes no position on this application, we hope that any new
construction would be sympathetic to the design of the house. If requested by the Board of Appeal
as a condition of approval, we would be pleased to provide design review.
Thank you for your consideration.
Sincerely, ^{/
THE SALEM HISTORICAL COMMISSION
Helen Sides
Chairperson
SA
FORM B - BUILDING G � �
AREA FORM NO.
MASSACHUSETTS HISTORICAL COMMISSION
80 BOYLSTON STREET
BOSTON, MA 02116
- � wn Salem
- dress 7-9 Cherry Street
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:• , storic Name
�.; e: Present Residential
!IMMilliiil�i" -. Original Residential
SCRIPT ION j
to c. 1916
urce Directories
Yle Colonial Revival
chitect
ap: raw map s ow ng proper y oca
in relation to nearest cross streets and/or Exterior Wall Fabric _ vinyl sin
geographical features. Indicate all buildingsd-ig
between inventoried property and nearest Outbuildings
intersection(s).
Indicate north
Magor Alterations (with dates)
Po2'�K Sf4E�T
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Condition Fair
x
Moved Date
Acreage Less than one
Setting Residential street
UTM REFERENCE Recorded by Northfields Preservation
AssociatesUSGS QUADRANGLE Organization
Salem Planning nPnt
SCALE Date May 1989
NATIONAL REGISTER CRITERIA STATEMENT (if applicable)
ARCHITECTURAL SIGNIFICANCE Describe important architectural features and evaluate in terms of
other buildings within the community.
7-9 Cherry Street is a representative , well-detailed example
of a form of vernacular Colonial Revival style multi-family house
common in Salem c . 1915 . It is two stories high, with a clipped
front-gable roof, and is now sheathed in vinyl . The facade consists
of two-story bays at each end , two entries and two small central
windows at each story. First-story entries possess caps supported
by simple scrolled brackets . A two-story, flat-roofed porch with
dentilled cornice ( 1st story) extends between the end bays , with
original columns and turned balusters surviving only at the second
story. Most sash is 6/ 1 . Cornices have modillion brackets .
HISTORICAL SIGNIFICANCE Explain the role owners played in local or state history and how the
building relates to the development of the community.
This house is characterestic of the numerous multi-family
dwellings built during the reconstruction of Salem following the
fire on June 25 , 1914 . The address first appeared in the 1916
directory , housing four families. Occupations of the tenants
included chauffeur and engineer.
BIBLIOGRAPHY and/or REFERENCES
Salem City Directories
8/85
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