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30 NORTHEY STREET - ZBA 30 NORTHEY STREET I � 1 _ 1 1 t southern Iraqi city of Nasinyah,of- Legal Notice CITY OF SALEM BOARD OF APPEAL - 978-745.9595,Ext.381 will hold a public hearing for all per- sons interested in the petition submit- ted by FLORA TONTHAT requesting a Special Permit for a Tourist Home and a Variance from the number of stories to construct a third Floor addition for the property located at 30 NORTHEY STREET R•2.Said hearing to be held WEDNESDAY, APRIL 30, 2003, at 6:30 p.m., 120 WASHINGTON STREET,3rd FLOOR. Nina Cohen,Chairman (4116,23) I o CITY OF SALEM, MASSACHUSETTSTY OF e BOARD OF APPEAL O�ERK�S o�FM� MA 120 WASHINGTON STREET, 3RD FLOOR SALEM, MA 01970 TEL. (978) 745-9595 STANLEY J. USOVICZ, JR. FAX (978) 740-9846 `•lop) MAY �(� ^ 42 MAYOR �1 4 DECISION OF THE PETITION OF FLORA TONATHAT REQUESTING A VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 30 NORTHEY STREET R-2 A hearing on this petition was held April 30, 2003, with the following Board Members present: Nina Cohen, Stephen Harris, Richard Dionne, Joseph Barbeau and Bonnie Belair. 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 is requesting a Special Permit for a tourist home and a Variance from the number of stories to construct a third floor addition for the property located at 30 Northey Street located in a R-2 zone. The provisions the Salem Zoning Ordinance which is applicable to the request for a Special Permit is section 5-3 0), 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 Sections 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extent 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 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. 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 of the Ordinance CITY OF SALE�� MA CLERK'S -f DECISION OF THE PETITION OF FLORA TONATHAT REQUESTING A VARIAF AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 30 NORTHEY STREET R-2 page two 1003 MAY 14 A C� 43 The Board of Appeal, after careful consideration of the evidence presented, and after reviewing the plans makes the following findings of fact: 1. David Jaquith, Architect for the petitioner presented the plans to the Board. 2. Petitioner would like a Special Permit for a tourist home and Variance from the number of stories to construct a third floor addition. 3. Petitioner has plenty of parking for this petition. 4. A petition was submitted with 8 names in favor of the project. On the basis of the above findings of fact, and on the evidence presented at the hearings the Zoning 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, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted and approved by the Building Inspector. 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. 5. Exterior finishes of the new construction shall be in harmony with the existing Structure. 6. Petition will review the Special Permit for a tourist home in 3 years. Y C/TyOF CLERKS©� DECISION OF THE PETITION OF FLORA TONATHAT REQUESTING A SPECIAL PERMIT AND VARIANCE FOR THE PROPERTY LOCATED AT 30 NORTHEY STREET R-2 100) MAY 14 A 9 43 page three Special Permit & Variance Granted April 30, 2003 go-, �z Bonnie Belair 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