73-75 HARBOR STREET - ZBA (3) 73-75 Harbor St. R-3
Michael Marfongelli
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DECISION ON THE PETITION OF MICHAEL MARFONSELLI FOR
A SPECIAL PERMIT FOR 73-75 HARBOR ST. , SALEM
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A hearing on this petition was held April 16, 1986 with Kpmfcnowing Board
Members present: James Hacker, Chairman; McBKi� , Charnas, Bencal, Luzinski Pnd
Strout. Notice of the hearing was sent to abutters and others and notices of the
hearing were properly published in the Salem CiVErl_ng- Neuf a!p,,,tScordance with
Massachusetts General Laws Chapter, 40A.
Petitioner, Trustee of Marfonselli Family Trust, owners of the premises, is
requesting a Special Permit to allow the premises to be used as a rooming house/
inn in this R-3 district.
The provision of the Salem Zoning Ordinance which is applicable to this request
for a Special Permit is Section V B 10, 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 VIII F and IX D, 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 viewing plans of the property, makes the following findings
of fact:
1 . The property was previously used as a rooming house for twenty (20) units;
2. This would be an appropriate use for the building and the area;
3. There was no opposition.
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. The Special Permit requested will not be substantially detrimental
to the neighborhood;
2. The relief requested can be granted without nullifying or substantially
derogating from the intent of the district or the purpose of the
Ordinance.
DECISION ON THE PETITION OF MICHAEL MARFONSELLI FOR
A SPECIAL PERMIT FOR 73-75 HARBOR ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted four to one (Mr. Hacker voted present)
to grant the petitioner the Special Permit requested provided that:
1 . No more than fifteen (15) rooms be leased;
2. A Certificate of Inspection be obtained;
3. Fifteen (15) spaces be provided on site specifically for tenants;
4. No cooking facilities and no cooking in the rooms;
5. A Certificate of Occupancy be obtained for the entire building;
6. All applicable state and local fire codes be strictly adhered to;
7. Limited to one person per room.
SPECIAL PERMIT GRANTED
,, es B. Hacker,.Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND CITY CLERK
APPEAL FROM THIS DECISI?1, SHALL BE LIADE PURSUANT TO SECTION 17 OF THE MASS. ,
GENERAL LAWS. CHAPTER E08, AND SHALL BE FILED C:!THIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION 114 THE OFFICE OF THE CITY CLERK
PERPUP.SAIJ TO A°ASS, GENRAL E I.P.W3 CH'3TER 8D8. SECIIOII Il. THE VARIANCE OR SPECIAL BEv.Ri RT-IT
GRANTED HEREIN, SHALL NL'i T.AF.E E.FECI UNTIL A COPY OF THE DECISON, EVEN FLED,
THE CERT-
FICATiON OF THE CITY CLERK W..AT 20 DAIS HAVE ELAPSED AND NO APPEAL HAS E
OR THAT, IF SUCH AN APPEAL HAS BEEN FILE, THAT IT HAS BEEN DISIAISSED OR DENIED IS
OREORDEDF CRECORD THE SOUTH
IS RECORDED SEX AND NOTED REGISTRY OF
FTHE DEEDS
OWNER'SINDEXED
CERTIFICATE OF TITLE,
OF THE OWNER
BOARD OF APPEAL