46-52 NORTHEY STREET - ZBA ' 46-52 NORTHEY STREET
MICHAEL HILL, TRUSTEE
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Legal Notice
CITY OF SALEM
BOARD OF APPEAL
745-9595 EXT.
381
Will hold a public hearing for all
Persons interested in the petition sub. i
mitted by Michael Hill, Trustee j
requesting a Variance from use and
Parking regulations and a Special i
Permit to allow the use from a four
(4)family to a six (6)family for the
property located at 46 - 52 Northey
Street R-2. Said hearing to be held
Wednesday March 17, 1999 at 6:30
P-M.,One Salem Green,2nd Floor.
Nina Cohen,
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(3/3,10) Chairman
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peal
DECISION ON THE PETITION OF MICHAEL HILL, TRUSTEE REQUESTING ,
VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT46-52-,
NORTHEY STREET R-2
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A hearing on this petition was held on March 17, 1999, with the following BoardC:1 >
Members present: Nina Cohen, Chairman, Ronald Harrison, Stephen Buczko, Michael
Ward and Paul Valaskagis. Notice of the hearing was sent to abutters and other and
notices of the hearing were properly published in the Salem Evening News in
accordance with Massachusetts General Laws Chapter 40A.
The petitioner requesting Variances from use and parking regulations and a Special
Permit to allow the use form a four family to a six family for the property located at 46-52
Northey Street.
The Variance which has been requested may be granted upon a finding of the Board
that:
a. Special conditions and circumstances exit 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
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. Robert Kallis presented the petition for the property located at 46-52 Northey Street.
The petition is to create 6, 2 bedroom units and rehab the interior completely
including new heat, electric and whatever else necessary to convert to the proposed
plans. All keeping within the city codes and approved by the building inspector.
There is parking for 3 cars off street with the requirement being for 9 spaces.
2. Michael Connelly of 36 Northey Street spoke in favor of the petition.
DECISION OF THE PETITION OF MICHAEL HILL TRUSTEE, REQUESTING A
VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 46-52
NORTHEY STREET R-2
page two
3. There were several people who spoke in opposition to the petition. The parking
issue was a definite problem.
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 do not exist which especially affect the subject property and not
the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would not involve
substantial hardship to the petitioner.
3. The relief requested cannot be granted without substantial detriment to the public
good or without nullifying and substantially hardship to the petitioner.
Therefore, the Zoning Board of Appeal voted 5 in opposition and 0 in favor to grant the
requested variances. Having failed to garner the four affirmative votes required to pass,
the motion is defeated and the petition is denied.
VARIANCE & SPECIAL PERMIT DENIED
March 17, 1999 /J �G,����
Paul Valaskagis, Member J
Board of Appeal
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DECISION ON THE PETITION OF MICHAEL HILL TRUSTEE, REQUESTING A
VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 46-52
NORTHEY STREET
page three
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 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 passed 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 owners Certificate of Title.
Board of Appeal
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Michael D. Hill, Trustee
46-52 Northey Street Realty Trust
We, the undersigned, hereby support the petition submitted to
the Salem Board of Appeal by Michael D. Hill, as Trustee of 46-52
Northey Street Realty Trust, for use of the premises at 46-52
Northey Street, Salem, Essex County, Massachusetts 01970, as a six
(6) family dwelling in place of the existing four (4) family.
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