115 NORTH STREET - ZBA (2) N
115 North St. B-1
/ William & Marietta Tobin Jr. (owners) _
Christopher Zorzy (Petitioner)
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CLERK'S C�� lCF
DECISION ON THE PETITION OF CHRISTOPHER ZORZY
FOR A VARIANCE AT 115 NORTH STREET (B-1)
A hearing on this petition was held September 21, 1994 with the following
Board Members present: Stephen Touchette, Chairman; Gary Barrett, Stephen
O'Grady, 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, the prospective owners of the property, are requesting a use
Variance to permit the street level of the structure located at 115 North
Street to be used as an office, showroom for windows and siding and for
storage of carpentry materials in a B-1 zone.
The Variances which have been requested may be granted upon a finding by
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 lands, buildings and structures involved.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the
petitioners.
3. 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 viewing the plans, makes the following findings
of fact:
1. There was no opposition to the requested variance.
2. The premises is currently being used as a retail establishment for the
display and sales of televisions.
3. There will be no warehousing storage of materials on the property.
4. There will be no carpentry work performed on the property.
5. The proposed use would be similar in nature to the use currently on
site.
6. The surrounding area have retail establishments of substantially the
same nature as the proposed use, and the proposed use would be in
keeping with the neighborhood.
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CLFF,'K'g CFFICF
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DECISION ON THE PETITION OF CHRISTOPHER ZORZY
FOR VARIANCES, AT 115 NORTH STREET, SALEM
page two
7. The property has the benefit of off street parking. OCT 5 9 41 Ah `9t�
8. The petitioners intends to repair the exterior facade of the s17Y 0`
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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 Zoning Ordinance would
involve-substantial hardship to the petitioners.
2. The requested 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 unanimously, 5-0 to grant the
variances requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statutes, ordinances,
codes and regulations.
2. All construction shall be done as per the plans and dimensions
submitted.
3, All requirements of the Salem Fire Department relative to smoke
and fire safety shall be strictly adhered to.
4, A building permit is to be obtained prior to beginning any
construction.
5. A Certificate of Occupancv is to be obtained.
6. Exterior finishes of the new construction shall be in harmony with the
existing structure.
7. A Certificate of Inspection is to be obtained.
8. Petitioner shall pave the driveway and parking lot of the subject
property.
9. Petitioner is to obtain approval from any City Board or commission
having jurisdiction including, but not limited to the Planning Board,
and its Entrance Corridor Overlay District Sign committee for approval
of any and all signage to be displayed on the property.
DECISION OF THE PETITION OF CHRISTOPHER ZORZY FOR
VARIANCES AT 115 NORTH STREET, SALEM
page three
Variances Granted
September 21, 1994
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Gary M. Barrett, Vice 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
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