73 NORTH STREET - ZBA D �J
73 NORTH STREET
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Legal Notice
CITY OF SALEM
BOARD OF APPEAL j
978-745-9595,Ext.381 I!
will hold a public hearing for all:
persons interested in the petition sub-- i
mitted by GABRIEL ROSSI, TRUS_
TEE,requesting a Special Permit for,
extension of a nonconforming use i
&structure by construction of a 720,
SF addition within the rear&side
setback resulting in a building lot
coverage of 48% for the property
located at 73 NORTH STREET BPD.
Said hearing to be held WEDNES-
DAY, JANUARY 15, 2003, at 6:30IN �i
P.M., 120 WASHINGTON STREET,
3rd FLOOR,ROOM 313.
Nina Cohen,Chairman
(1/2,8) -
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�axmr CITY OF SALEM9 MASSACHUSETTS
CITY IF SALEM.. MA
BOARD OF APPEAL CLERK'S OFFICE
T 120 WASHINGTON STREET, 3RD FLOOR f
SALEM, MA O 1970
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-`�RT TEL. (978) 745-9595
�0�nnve FAX (978) 740-9846
STANLEY J. USOVICZ, JR. 1001 JAN 29 A 11-:00
MAYOR
DECISION ON THE PETITION OF GABRIEL ROSSI, TRUSTEE REQUESTING A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 73 NORTH STREET BPD
A hearing on this petition was held on January 15, 2003 with the following Board
Members present: Nina Cohen, Nicholas Helides, Stephen Harris, Bonnie Belair and
Joan Boudreau. 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 for extension of a nonconforming use and structure
by construction of a 720 sq ft. addition within the rear and side setback resulting in a
building lot coverage of 48% for the property located at 73 North Street located in a
BPD 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
and 9-4, grant Special Permits for alterations and reconstruction of nonconforming
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tructures, 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
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DECISION ON THE PETITION OF GABRIEL ROSSI, TRUSTEE REQUESTING A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 73 NORTH STREET BPD
page two
1. Attorney George W. Atkins III, 59 Federal Street represented the petitioner,
Gabriel Rossi.
2. Mr. Rossi is the owner of O'Rourke Brothers Memorial and would like to build a
24 ' x 30 ' addition for storage of materials.
3. Councillor Mike Bencal spoke in favor of the petition.
4. 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. 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 construction shall be done as per the plans submitted and approved by the
Building Commissioner.
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
4. Petitioner shall be obtained a building permit before starting any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing
structure.
f Commission having
ner shall obtain approval from any City Board o 9
6. Petitioner pp
jurisdiction including, but not limited to, the Planning Board. �G��✓�
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SPECIAL PERMIT GRANTED Joan Boudreau J
JANURAY 15, 2003 Board of Appeals
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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 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.
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