7-9 CHERRY STREET - ZBA (3) a
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Legal Notice
CITY OF SALEM
BOARD OF APPEAL
978.745-9595,Ext.381
will hold a public hearing for all per-
sons interested in the petition submit-
ted by RUDY NIAZAIRE requesting a
Special Permit per Section 8-6 to
F expand a nonconforming structure
I for additional living space on 3rd
floor for the property located at 7-9
Cherry Street R-2.Said hearing will be
held on Wednesday,May 19,2004,at
6:30 p.m., 120 Washington Street,
13rd floor,Room 313.
(5/5,12) Nina Cohen,Chairman i
L
u CITY OF SALEM, MASSACHUSETTiPY OF SALEM, MA
BOARD OF APPEAL CLERK'S OFFICE
4T 9
IF 120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA 01970
' TEL. (978) 745-9595
FAX (978) 740-9846 2004
STANLEY J. USOVICZ, JR. JUN -2 P 2. 50
MAYOR
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 on May 19, 2004 with the following Board Members
present: Nina Cohen, Richard Dionne Bonnie Belair 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 is requesting a Special Permit to extend a non-conforming structure for the
property located at 7-9 Cherry Street located in an R-2 Zone.
The provision of the Salem Zoning Ordinance which is applicable to this request for a
Special Permit is Section 5-3 Q), 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 Sections 8-6
and 9-4, grant Special Permits for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extension or 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.
The Board of Appeal, after careful consideration of the evidence presented at the
hearing and after reviewing the plans, makes the following findings of fact:
1. The petitioner was granted a Special Permit in September of 1999 but was never
acted on.
2. Attorney John Keilty represented the petitioner at the hearing.
3. The petitioner would like to extend his living space.
4. Councillor Matt Veno appeared and spoke in opposition to the petition with concerns
of parking. changes to the structure and the current state of owner neglect evident
from the street.
5. A number of neighbors appeared and spoke in opposition to the petition.
CITY OF SALEM, MA
CLERK'S OFFICE
DECSION OF THE PETITION OF RUDY NAZAIRE REQUESTING1A�S1 '�a
FOR THE PROPERTY LOCATED AT 7-9 CHERRY STREET R-2 J
page two
On the basis of the above findings of fact, and on the evidence presented, the Board of
Appeal concludes as follows:
1. The Special Permit requested cannot be granted without substantial detriment
to the public good or without nullifying and"substantially derogating from the
intent of the district or the purpose of the ordinance.
2. The granting of the Special Permit requested will not be in harmony with the
Neighborhood and will not promote the public health, safety, convenience and
Welfare of the City's inhabitants.
Therefore, the Zoning Board of Appeal voted 2 in favor and 2 in opposition to the motion
to grant the relief requested. Having failed to garner the four affirmative votes required
to pass, the motion to grant fails and the petition for a Special Permit is denied.
Special Permit Denied ,c `
May 19, 2004 U//
Joa
h Barbeau. Member(S'l f y
of Appeal J
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 the City Clerk that 20 days have elapses 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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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 Q), 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:
OF SALEM. MA
mwS OFF{CE
DECISION ON THE PETITION OF RUDY NAZAIRE REQUESTING"AAP€CAL 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.
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 n n
September 15, 1999
Nina Cohen, Chairman✓t�
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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