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73 NORTH STREET - ZBA (2) 73 North St. BPD Gabriel Rossi Jr. Tr. - ---- G & M Realty Trust oQ Or V � . 9 O 5 _ .rte ...�„��r �_.�.�— ,vm...,�— _. . . � •�...tx : - r e .__ .. rj aC ,wr^_v.... ♦ w i rlAf"^T' A '�'w u,.f+4.r'^L.:`u�T>`brie.e.-.revrv-w-^:+h<�""^M�+F"is N:Mr+Y�Nn..�.twraM. _ F f of Salem, 'Massadjusett� � , M2 9�1 :04 �Quttra 0{ E'1 eal CITY CF SALEM, MASS CLERK'S OFFICE DECISION ON THE PETITION OF GABRIEL ROSSI JR. , TR. FOR A VARIANCES AND SPECIAL PERMIT AT 73 NORTH STREET (BPD) A hearing on this petition was held September 21, 1994 with the following Board Members present: Stephen Touchette, Chairman, Stephen O'Grady, Gary Barrett, Nina Cohen and Albert Hill. 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. Petitioners, owners of the property, are requesting a Variance and Special Permit to expand nonconforming structure and a Variance from parking at 73 North Street. The property is located in a BPD district. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is section 5-3(j ) , 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 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 Variances which have been requested may be granted upon a finding of the 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 or structures in the same district. B. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. DECISION OF THE PETITION OF GABRIEL ROSSI JR. , TR. FOR A SPECIAL PERMIT AND VARIANCE AT 73 NORTH STREET, SALEM page two ka 5 B CITY gf SM1 rrF,4q_ TAASS CLLR;" .O.r"FJ ;F C. Desirable relief may be granted without substantial detriment to tie 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: 1. This is a re-filing of a petition already granted in 1988. 2. The only change in the construction plans is the material being used for the walls. 3. There was no opposition to the petitions. 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. Special conditions exist which especially affect the subject property but not the district in general. 2. Literal enforcement of the provisions of the Ordinance would involve substantial hardship on the petitioner. 3. 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. 4. 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 statutes, codes ordinances and regulations. 2. All construction shall be done per the plans and dimensions submitted. 3. All requirements of the Salem Fire Dept. relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a building permit prior to beginning any 5. Exterior finishes of the new construction shall be in harmony with the existing structure. DECISION ON THE PETITION OF GABRIEL ROSSI JR. ,TR. FOR A VARIANCE AND SPECIAL PERMIT AT 73 NORTH STREET, SALEM page three &T 5 -9 f4Z .AM ,94 6. A Certificate of Occupancy is to be obtained. CITY OF SALEM, 7. A Certificate of Inspection is to be obtained. CLERK'S OFFICE 8. Petitioner shall display the street number so that it is visible from the street. Variance and Special Permit Granted September 21, 1994 Stephen Touchette, Chairman 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 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 \ . (9ittn of -'�ulem 4-FU59nCI usetts DEC 6 3 as PM '88 DECISION ON THE PETITION OF GABRIEL P. ROSSI , JR. FOR A FILE- SPECIAL PERMIT AT 73 NORTH ST. (BPD) CIT), CL: l..r.. c. . A hearing on this petition was held August 24 , 1988 with the following Boards Members present: James Fleming, Chairman; Messrs. , Nutting, Luzinski, Dore and LaBrecque. 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, represented by Attorney Mary Harrington, is seeking a Special Permit to extend a nonconforming one story building to create additional ` business space as 73 North st. The locus is in a Business Park Development District. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section VI 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 for this Section VIII F and IX D, grant SpecialPermits 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 the plans, makes the following findings of fact: 1 . The proposed use of the extension of the building is for storage and loading, an appropriate use in this district; 2. The extension of the nonconforming use is necessary because the Common- wealth of Massachusetts took some of the petitioners real property by eminent domain; 3. The Ward Six Councillor, Sarah Hayes, spoke in favor of the granting of the Special Permit. 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 proposed use of the property will not be substantially more detrimental than the existing use to the neighborhood; DECISION ON THE PETITION OF GABRIEL P. ROSS! , JR. FOR A SPECIAL PERMIT FOR 73 NORTH ST. , SALEM page two 2. The relief requested can be granted without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. i Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the i Special Permit requested, subject to the following conditions: 1 . All work be performed as per the plans submitted to the Board of Appeal; 2. All construction be done in accordance with the provisions of the Massachusetts State Building Code; 3. The petitioner must obtain a Building Permit from the Salem Building =' C Inspector; i 4. All requirements of the Salem Fire Department, relative to Fire safety, be adhered to by the petitioner; 5. All the exterior finishes of the new construction be in harmony with the exterior finishes of the existing building; 6. Solid planting be made along the entire southerly side of the property line of the petitioner, as approved by the City Planner. SPECIAL PERMIT GRANTED l / ames M. Fleming, Esq. Chairman, Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK .. in„ . .. .:. ::fall. uE. ':'r.r P,""ANT TO SE"in N17 1 itG AF:1 S:ItiLL ...,u :0 DHSS AriE1; 'r+! iidiE 1'h" CM C:ER3. 11. THE V,17,','1rr .. B.i UNTd A (';,i'Y .` THe ,.r. ;:.. r.. . .i ni-I. !•1 C. 1HA1 IT H1> UEE:1 Ui<;i':'Lit :.K I.:_ - IN Iii_ S_:'^H ESSL% REGI P.i OE 7E uis AND INDEXED UIIdLR !HE NA-E Ui ii,_ OF OR IS RiLURDED AND NUILD 0 THE OwNER'S CERTIFICATE OF TITLE. BOARD OF APPEAL , .