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Legal Notice
I
CITY OF SALEM
BOARD OF APPEAL
745-9595 ExL 381
Will hold a public hearing for alli
persons interested in the petitiony
submitted by MATTHEW DAMATO &
D. GRIFFITH COATES requesting 1
Variance from number of stories
allowed(2 1/2)to construct a third floor
dormer for the property located at
51-53 Hathorne Street R-2. Said
hearing will be held WEDNESDAY,
February 8, 2006 AT 6:30 P.M., �
120 WASHINGTON STREET, 3RD `
FLOOR,ROOM 313.
Nina Cohen
Chairman
SN—1/27,2/2/06
CITY OF SALEM, MASSACHUSETTS
• BOARD OF APPEAL
OFFICE
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595 -1G�I1
FAX: 978-740-9848 FEB 2u A 10: I I,
DECISION OF THE PETITION OF MATTHEW DAMATO REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 51-53 HATHORNE STREET R-2
A hearing on this petition was held on February 8, 2006 with the following Board
Members present: Nina Cohen, Chairman, Richard Dionne, Bonnie Belair, Nicholas
Helides and Edward Moriarty. 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.
The Petitioner is requesting a Variance from number of stories allowed (21/2) to construct
a third floor dormer for the property located at 51-53 Hathorne Street located in a R-2
zone.
The Variances, which have been requested, may be granted upon a finding by this
Board that:
a. Special conditions and circumstances exist which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings and
structure involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
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 of the
purpose of the Ordinance.
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. Attorney Lise Kipp Hansen of Salem appeared and represented the Petitioner.
2. The petitioner requests a Variance from the number of stories to construct a third
floor dormer for more living space.
3. Plans and dimensions were submitted showing the proposed dormer.
4. A letter is support was submitted from City Councillor Jean Pellitier
5. 5 letters of support were submitted as well as a petition with 13 names in favor of
this project.
6. There was no opposition to this petition.
DECISION OF THE PETITION OF MATTHEW DAMATO REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 51-53 HATHORNE STREET R-2
On the basis of the above findings of fact, and on, the evidence presented at the
hearing, the Zoning Board of Appeal concludes as follows
1. Special conditions exist which especially affect the subject property but not the
District.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
3. Desirable relief 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.
Therefore, the Zoning Board of Appeal voted 4 in favor and 1 in opposition to grant the
Variances requested, subject to the following conditions;
1. Petitioner shall comply with all city and state statues, ordinances, codes and
regulations.
2. All requirements of the Salem Fire Department shall be strictly adhered to.
3. All construction shall be done as per the plans and dimensions submitted and
approved by the Building Commissioner.
4. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to the Planning Board.
5. Exterior finishes of the new construction shall be in harmony with the existing
structure.
6. A Certificate of Occupancy shall be issued.
7. Petitioner shall obtain approval from any City Board or Commission having
jurisdiction, but not limited to the Planning Board.
8. Unless this decision expressly provides otherwise, any zoning relief granted does not
authorize Petitioner to demolish or deconstruct any structure(s) on the property to an
extent greater than 50%of the structure as measured by floor area or replacement
cost. If a structure on the property is demolished by any means to an extent of more
than 50% of its replacement cost or more than 50% of its floor area at the time of
deconstruction, it shall not be reconstructed except in conformity with this Ordinance.
Variance Granted -� A/
February 8, 2006 Bonnie Belair i
Board of Appeal EC
l
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CIITY 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 day
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
certificate of the City Clerk that 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.
y
i
j CITY OF SAILEMI, MASSACHUSETTS
A E
BOARD OF APPEAL v ^ - `-�t`i. IaIH
'
120 WASHINGTON STREET, 3RD FLOOR S OFFICE
SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595 ..Z�Qb
FAX: 978-740-9848 FEB 24 A
DECISION OF THE PETITION OF MATTHEW DAMATO REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 51-53 HATHORNE STREET R-2
A hearing on this petition was held on February 8, 2006 with the following Board
Members present: Nina Cohen, Chairman, Richard Dionne, Bonnie Belair, Nicholas
Helides and Edward Moriarty. 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.
The Petitioner is requesting a Variance from number of stories allowed (2 '/2) to construct
a third floor dormer for the property located at 51-53 Hathorne Street located in a R-2
zone.
The Variances, which have been requested, may be granted upon a finding by this
Board that:
a. Special conditions and circumstances exist which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings and
structure involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
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 of the
purpose of the Ordinance.
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. Attorney Lise Kipp Hansen of Salem appeared and represented the Petitioner.
2. The petitioner requests a Variance from the number of stories to construct a third
floor dormer for more living space.
3. Plans and dimensions were submitted showing the proposed dormer.
4. A letter is support was submitted from City Councillor Jean Pellitier
5. 5 letters of support were submitted as well as a petition with 13 names in favor of
this project.
6. There was no opposition to this petition.
r
DECISION OF THE PETITION OF MATTHEW DAMATO REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 51-53 HATHORNE STREET R-2
On the basis of the above findings of fact, and on, the evidence presented at the
hearing, the Zoning Board of Appeal concludes as follows
1. Special conditions exist which especially affect the subject property but not the
District.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
3. Desirable relief 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.
Therefore, the Zoning Board of Appeal voted 4 in favor and 1 in opposition to grant the
Variances requested, subject to the following conditions;
1. Petitioner shall comply with all city and state statues, ordinances, codes and
regulations.
2. All requirements of the Salem Fire Department shall be strictly adhered to.
3. All construction shall be done as per the plans and dimensions submitted and
approved by the Building Commissioner.
4. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to the Planning Board.
5. Exterior finishes of the new construction shall be in harmony with the existing
structure.
6. A Certificate of Occupancy shall be issued.
7. Petitioner shall obtain approval from any City Board or Commission having
jurisdiction, but not limited to the Planning Board.
8. Unless this decision expressly provides otherwise, any zoning relief granted does not
authorize Petitioner to demolish or deconstruct any structure(s) on the property to an
extent greater than 50%of the structure as measured by floor area or replacement
cost. If a structure on the property is demolished by any means to an extent of more
than 50% of its replacement cost or more than 50% of its floor area at the time of
deconstruction, it shall not be reconstructed except in conformity with this Ordinance.
Variance Granted
February 8, 2006 Bonnie Belair
Board of Appeal �C
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CIITY 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 day
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
certificate of the City Clerk that 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.
aCfV of� Arv, �Uassarhusrffs
(Of#ire of tl1P &V (launcil
@Iilu Pull
COUNCILLORS-AT-LARGE JEAN M. PELLETIER WARD COUNCILLORS
PRESIDENT
2006 2006
MICHAEL BENGAL CHERYL A. LAPOINTE LUCY CORCHADO
THOMAS H. FUREY CITY CLERK MICHAEL SOSNOWSKI
JOAN B. LOVELY JEAN M. PELLETIER
ARTHUR C. SARGENT III LEONARD F.O'LEARY
MATTHEW A.VENO
PAULC. PREVEY
JOSEPH A.O'KEEFE, SR.
February 8, 2006
Ms. Nina Cohen, Chairperson
Board of Appeals
City of Salem
Salem, MA 01970
Dear Ms. Cohen:
Due to a prior commitment I cannot attend tonights meeting of the Board of
Appeals and would like this letter be made part of the record for tonights meeting. In the
matter of the petition of Matthew Damato & D. Griffith Coates requesting a Variance
from the number of stories allowed (2 '/2) to construct a third floor dormer for the
property located at 51-53 Hathorne Street R-2. I have spoken to the petitioner on
numerous occasions regarding this matter I advised them to get the consensus of the
neighbors in writing and after last speaking with her she advised me that she has done
this. I have heard of no opposition to this petition and hope it is given a favorable
consideration.
Also in the matter of the petition on Northeast Animal Shelter Inc. requesting a
Special Permit to allow existing non-conforming use to be converted to an Animal
Shelter for the property located at 347 Highland Avenue. Although I respect the
Northeast Animal Shelters mission, but it is incumbent upon me to oppose this for the
reason it will take a valuable piece of commercial property off out tax base. I don't need
to remind this board of our ongoing fiscal crisis in this City.
Sincerely,
CJEAN M. PELLETIER
COUNCIL PRESIDENT
WARD 3 COUNCILLOR
SALEM CITY HALL • 93 WASHINGTON STREET • SALEM, MA 01970-3592 • WWW.SALEMCOUNCIL.COM