9 NORTHEY STREET - ZBA D
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9 NORT9EY STREET
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CITY OF SALEM, MASSACHUSETT�CT
BOARD OF APPEAL X11 ! OF SALEM. MA
u 120 WASHINGTON STREET, 3RD FLOOR CLERK'S OFFICE
� (A SALEM, MA 01970
TEL. (978) 745.9595
FAX (978) 740-9846 -
STANLEY J. USOVICZ, JR.
MAYOR ,2004 MAY -U P 2: 51
DECISION OF THE PETITION OF MIMI GALLANT REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 9 NORTHEY STREET R-2
A hearing on this petition was held on April 21, 2004 with the following Board Members
present: Nina Cohen, Stephen Harris, Nicholas Helides, 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.
The petitioner is requesting a Variance from side to rebuild one story addition with rood
deck. Side yard setback will be 0 instead of the required 10 feet for the property located
at 9 Northey 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 viewing the plans, makes the following findings of fact:
1. The petitioner is requesting a Variance from side setback to rebuild a one-story
addition with a roof deck. The setback will be 0 feet instead of the required 10
feet.
2. The abutters at 11 Northey Street had concerns that while during construction
that her pet might get loose through any openings that might be caused from the
contractors, but did support the petition.
3. Also, concerns regarding sound transfer were alleviated by the contractor's
explanation of the type of soundproofing that will be incorporated into the
construction.
Y
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CITY OF 'CzALEM. MA
CLERK'S OFFICE
DECISION OF THE PETITION OF MIMI GALLANT REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 9 NORTHEY STREET R-2
page two jU04 MAY -LI .P 2-58
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 5 in favor and 0 in opposition 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 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 obtain a building permit prior to beginning any construction or site
work.
5. Exterior finishes shall be in harmony with the existing structure.
6. The contractor will construct a temporary fence to restrain the abutter's pets from
leaving the area.
7. The contractor will use the sound proofing system that was discussed at the hearing.
2 x 6 framing, with 3/a inch plywood on the interior covered with gym nuts to help
prevent sound transfer.
Variance Granted
April 21, 2004
Stephen Harris
Board of Appeal, Member
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CI i 0 ':A'LL F- MA
CLERK'S OFFICE
100U MAY--Ll P 2-58
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.
Board of Appeal
Over the past several months, I have been working a contractor and architect to redesign the back of my
house. The work to be done would include the removal of an existing stair and shed that would be replaced
with a 12x15 room on the first floor and an exterior deck and stair on the second floor. (See attached
before/after plans) Because the house is 130years old and sits on the adjoining property line, I will need to
get a variance from the appeals board. To ensure the process goes smoothly, it was suggested I get
signatures from my neighbors showing their approval of this project. I will be taking this document with me
when meeting with the appeals board. Please sign below to show your acceptance.
Thank you for your support.
Mimi Gallant 9 Northey Street Salem, MA 01970
Name Address Signature
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MORTGAGE INSPECTION
PLAN IN
SALEM, MASS. OWNERS
UNKNOWN
REID LAND SURVEYORS
365 CHATHAM ST., LYNN, MASS.
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auvH r*cN� / 47'
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9FGISTEP7� 6'4fS.F. PURTZ
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TO CARLSON MORTGAGE COMPANY, MIMI
GALLANT AND THE TITLE INSURANCE
COMPANY INSURING THE PREMISES.
I CERTIFY THAT THE DWELLING IS LOCATED
AS SHOWN AND CONFORMED TO THE ZONING
SETBACK REQUIREMENTS OF THE CITY OF
SALEM WHEN CONSTRUCTED, OR IS UNE*
EXEMPT FROM VIOLATION ENFORCEMENT
UNDER M.G.L. TITLE VII CH. 40A SEC. 7.
NOTE: WHEN OFFSETS ARE ONE FOOT APPROX. LOCATION
OR LESS A FULL INSTRUMENT SURVEY OF STOCKADE FENCE j
IS RECOMMENDED.
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NOTE FENCES. WALL, SHRUBS,
DRIVEWAYS, ETC. DO NOT NEC-
ESSARILY REPRESENT PROPERTY 2 1/2
LINES. STORY .
WOOD
50'
UNE±
9 NORTHEY ST.
'I, HEREBY, CERTIFY TO THE BEST OF MY KNOWLEDGE
THAT THE PREMISES SHOWN ON THIS PLAN ARE NOT LOCAr- NOTE: THIS PLAN WAS PREPARED FROM A
ED MATHIN A SPECIAL FLOOD HAZARD AREA AS DELNEA70 TAPE SURVEY AND IS INTENDED FOR
ON THE MAP OF COMMUNITY /250102-8 PREPARED BY THE MORTGAGE PURPOSES ONLY. OFFSETS SHOWN
FEDERAL EMERGENCY MANAGEMENT AGENCY OR ITS ON OR SCALED FROM THIS PLAN, ARE
SUCCESSORS DATED 8/5/85, PANEL t ZONE C APPROXIMATE ONLY AND SHOULD NOT BE
I FURTHER CERTIFY THAT THIS INSPECTION WAS PER— USED TO DETERMINE PROPERTY LINES.
FORMED IN ACCORDANCE WITH THE °TECHNICAL STAND-
ARDS FOR MORTGAGE LOAN INSPECTIONS' AS ADOPTED SCALE' 1� = 30' DATE: JUNE 26, 1997
BY THE MASSACHUSETTS ASSOCIATION OF LAND SURVEYORS BOOK: 10929 PAGE. 124 CERT.,#
AND CIVIL ENGINEERS.
THIS CERTIFICATION DOES NOT INCLUDE SHRUBS, WALLS CONTROL P97-0514 L
FENCES OR DRIVEWAYS AS THEY DO NOT ALWAYS INDICATE
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