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22 HARDY STREET - ZBA 22 HARDY STREET ........... r Legal Notice ICITY OF SALEM c BOARD OF APPEAL 978-745-9595,Ext.381 it will hold a public hearing for all per- 0 sons interested in the petition submit- ted by ROBERT SHEA requesting a Special Permit to undo a Variance; which was granted in 1996, for the rental of 4 guest bedrooms of a bed Y. & breakfast Petitioner would like to a downsize and have no more than 3 0 guest bedrooms for property at.22 (, HARDY STREET R-2.Said hearing will + be held on Wednesday,July 16,2003, at 6:30 p.m.,120 Washington Street, 3rd Floor,Room 313. Nina Cohen,Chairman i (7/2,9), I g��oxwr CITY OF SALEM MASSACHUSETTS Cj j Y (jF SALLA MA BOARD OF APPEAL CLERK'S OFFICE 120 WASHINGTON STREET, 3RD FLOOR _ SALEM, MA 01970 TEL. (978) 745-9595 FAX (978) 740-9846 ZOO] JUL 21 A 11: 31 STANLEY J. USOVICZ, JR. MAYOR DECISION ON THE PETITION OF ROBERT SHEA REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 22 HARDY STREET R-2 A hearing on this petition was held on July 16, 2003 with the following Board Members present: Nina Cohen, Nicholas Halides, Stephen Harris, Bonnie Belair 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 reduce the (4) four guest bedrooms of Bed & Breakfast to a (3) three room tourist home for the property located at 22 Hardy Street located in a R-2 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 PP Y. and 9-4, 9 rant 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 CI I YA LL','i, MA CLERK'S OFFICE DECISION ON THE PETITION OF ROBERT SHEA REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 22 HARDY STREET R-2 page two ZOO] JUL 21 A H: 31 1. Petitioner Robert Shea appeared and represented himself at the hearing. 2. Mr. Shea was granted a Variance in 1996 to allow a 4-room tourist home. 3. Due to slow business and financial reasons, petitioner would like to reduce the number of rooms from 4 guest rooms to 3 guest rooms. 4. There was no opposition to the 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 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 shall be Strictly adhered to. 3. All construction shall be done per plans and dimensions submitted. 4. Petitioner shall not have more than 3 guest rooms. Special Permit Granted July 16, 2003 Bonnie Belair Board of Appeal Cil Or 1'ALEM, f'SA CLERK'S OFFICE A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNINAMAkIDA 11: 31 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. �, u,itU ofttiem, � ussttcltusetts ' �' nttrd of ett! (� `�� Oct Z� 3 (d 155 DECISION OF THE PETITION OF ROBERT M. SHEA REQUESTIICG',•' A VARIANCE FOR THE PROPERTY LOCATED AT 22 HARDY STREET' (R-7)'`` 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. ATTACHMENT `A' REQUESTING A SPECIAL PERMIT FOR A CONFORMING USE. REQUESTING TO UNDO A VARIENCE, WHICH WAS GRANTED IN 1996, FOR THE RENTAL OF FOUR GUEST BEDROOMS OUT OF MY BED & BREAKFAST. I WOULD LIKE TO DOWNSIZE AND OPERATE NO MORE THAN THREE GUEST BEDROOMS. IN DOING SO, THIS WOULD ALLOW ME TO CHANGE MY PROPERTY ZONING FROM BUSINESS BACK TO RESIDENTIAL. MY PROPERTY IS LOCATED IN A RESIDENTIAL ZONING DISTRICT. • 'DECISION OF THE PETITION OF ROBERT X. SHEA REQUESTING A 'l ' v'ARIANCE FOR THE PROPERTY LOCATED AT 22 HARDY STREET (R-21 ?age two Desirable relief can be granted without substantial detriment to public good and without nuilifying and substantially derogating from the intent of the district or purpose of the Ordinance. "herefore, 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 anv construction. 3. All requirements of the Salem 'ire Department relative to smoke and fire safety shall be strictly adhered to. s, A Certificate of Occupancy shall be obtained. 5. A Certificate of Inspection shall be obtained. 5. 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. Lin -'' L'Variance Granted `dctober 18, 1995 M =1 Nina Cohen, Member --- Board of Appeal N v 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