22 HARDY STREET - ZBA (3) 22 HARDY STREET (R-2)
ROBERT SHEA
✓� 1 c
'
W
1
S �
(gittl of ttlem, ^ Httssttcltusetts
K
{�eul
4 OCT N 3 23 rii 55
DECISION OF THE PETITION OF ROBERT M. SHEA REQUESTIhQG' ASS
A VARIANCE FOR THE PROPERTY LOCATED AT 22 HARDY STREET ' :-2j" "" '(if
A hearing on this petition was held October 18, 1995 with the following
Board members present: Stephen Touchette, Chairman; Gary Barrett, Albert
Hill, Nina Cohen. and Arthur LeBrecque. 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, owners of the property request a Variance to convert a two
family dwelling into a bed and breakfast for the property located at 22
Hardy Street (R-2 ) .
The Variance which has been requested may be granted upon a finding of this
Board that:
1 . Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land, buildings, or structures in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1. The petitioners seek a variance to allow conversion of the existing non
conforming residence at 22 Hardy Street to a bed & breakfast type
accommodation with 4 guest rooms.
2. The proposed change in use would require no change in the building
foot- print. Additional landscaping may be undertaken to upgrade
the appearance of the building and grounds.
3. Support for the proposal was voiced by neighbors Ed Luzinski, of 24
Hardy Street, and by Cora LeBlanc, of 22 1/2 Hardy Street. The House
of Seven Gables also supported the proposed conversion, via a letter
for the Gables director Thomas Neel.
4. A petition with 15 signatures was submitted in support of the proposal.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property
and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
DECISION OF THE PETITION OF ROBERT M. SHEA REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 22 HARDY STREET !R-2 !
cage two
3 . Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the
variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statures, ordinances,
codes and regulations.
Petitioner shall obtain a building permit prior to beginning any
construction.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
i. A Certificate of Occupancy shall be obtained.
5. A Certificate of Inspection shall be obtained.
6. Exterior finishes of the new construction shall be in harmony with the
existing structure.
7. Petitioner is to obtain approval from any City Boards or Commissions
having jurisdiction including, but not limited to, the Historic
Commission.
T' -Variance Granted
w Gctober 18,1995
M
Nina Cohen, Member
Board of Appeal
N
r
v
O c:
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
the Massachusetts General Laws 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 Massachusetts General Laws 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 20
days have elapsed and no appeal has been filed, or that, if such appeal has
been filed, that it 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
BUILDING DEPT: .
FEB Z9 8 48 Gni '9S
k� RECEVVED
CZ
J / CITY C! SALE=1, m SS.
�A1 Cz S C-0 v
,- -q- w
C
5A
/zO�lcS^_
/�
4
b`....
1
\ R
i '
\
\
__ � - � .
. ,a
�`_
�}
z . �
r > > >
.� �\ �\ ° a
�, .
� � ,� a � \
� t
;� >
�_ .._ ,
�, 111 DERBY STREET • SALEM. MAO 1970-5641 • TEL. (508) 741-0389 / FAX (508) 741-0566
Lond of
✓ofin ✓. ,�ar6o..iniczak
^� h'ordy Sr. Salem Mass.
-- .eeysre
14
....... •"
,F22574
F22 �.
�.
E-
SNS �� a
z in
CLl �
Rrc4y r or AeEns.so aisr. &ALEm. Mac:
w m laka:-
o
Lof oa Arftdf,
I
y
N �
n ^ql
��eCl}ZINE Dpy!
Salem Historical Commission
ONE SALEM GREEN,SALEM,MASSACHUSETTS 01970
(508)745.9595 EXT.311
October 3, 1995
Stephen Touchette, Chairman
Board of Appeal
One Salem Green
Salem, MA 01970
Dear Chairman Touchette:
The Salem Historical Commission is in receipt of your agenda for October 18, 1995. Enclosed
please find a Building Survey form for 22 Hardy Street, built c1825. This property is not located in a
local historic district but is located within the Derby Waterfront National Register District. While the
Commission takes no position on the proposal,we hope that any exterior alteration would be sympathetic
in design. 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,
1�" F
THE SALEM HISTORICAL COMMISSION
Helen Sides
Chairperson
7GUG\BOA0695
PETITION
We, THE FOLLOWING NEIGHBORS, have no objection to the property
located at 22 Hardy Street being converted into an owner-occupied
bed and breakfast type Inn and support the Petition before the
Board of Appeal for such request.
NAME ADDRESS
S
iJ�G �w 4/2- 7r� �
"6L
CV
U � e
P.02
CIVIL ENVIRONMENTAL CONSULTANTS
1 Walton Street Wakefield,Ma 01880 (617)245-2400 Fax(617)245-1042
CEC .
President Vice President
Kenneth J. Bouffard James A. O'Day,P.E.
Associate
Bruce P. Eaton,P.E.,P.L.S.
Mar . 4,1996
Mr . George Pena
22 Hardy Street
Salem, Ma. 01970
Re: Survey of property line at 22 Hardy Street
Dear Mr . Pena:
This will serve to advise that we have surveyed
the Property line between your property and land of Cennemi
and find that the deck you are constructing is within your
property by 0.50 feet (6 inches) and therefore does not
Intrude on your neighbors land.
If you have any questions please do not
hesitate to call me.
Very truly yours,
Bruce P. Eaton P.L.S.
'SS gW�,y31Y
p 03A13S3y01113
)Us 119
'ld3p OM1071n9
Survey Serviw Subdivision,Utility,Highway,Wastewater Design Envitoamental Studies&Reports Conetrtretim Mansgetliat
f
� I
E j
- II
[ —
V is
�' -� • � CO\/�n`,ED r]��Cy ! - i ,_,: lie-� �:� p �-r��
I
I I iI
I 1 1 I' �.�' _tai.+ c.? f 7 ` I 1✓ F-= D42� !' �,1 � .�j ._`/
rj F_• r C1�'��M �1 � � q r•_ �n ►_n �' G � � �..__....___-1�'�• 1 � ` ,-•- I A ,
I �
ll �
I
1
?_AT H2ATI1_�'�
i )� �"' �' • . n�M 5 I �. C, `x I-G G.-q"X�,'O� � � � 'I i
7-4 1
I �
U r n 2 Pin
� j
O — - - I
O
To )"ate NI
I C i
{ _ • I 1, .s_ �, !? � :a }� "� � I 1
_ _ I
Sao �,�. I I i ;_1•- �.
cy V;
:Jng O �
•�4k�
O _
1 y n - •� I
C M""
A LAN - TIP, FLOQ2
�esec�
I V �. -�Q���- LC};\t \„"-" Z`✓' 1�7�1 -(CJ p �' :�___. -�):� �A1�'F/.a.�i�
f"1
k
0
.J
r� rz
J R
lo
10
y , I � � v , I � p iJ -ro Z"'°—iJ E-<K• r7
_ I
� T
I {
- 1
iU I
I
i
cc lb
j If I
j „ `( !
r ,
N _ c�r
f
i
PERMIT #
OWNER R SIzPa-
LOCATION a s Nardi S }
DATE ISSUED o? 14 19(,
PERMIT TO I�PnD�a �e rr, io
btd b,-ea K�'a Sf