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CITY OF SALEM, MASSACHUSETTS CII Y OF SALEM. MA
a BOARD OF APPEAL CLERK'S OFFICE
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 2005 AUG -2 A II: 22
MAYOR FAX: 978-740-9846
DECISION OF THE PETITION OF FLORA TONTHANT REQUESTING A SPECIAL
PERMIT AND A VARIANCE FOR THE PROPERTY LOCATED AT 30 NORTHY
STREET R-2
A hearing on this petition was held on July 20,2005 with the following Board Members
present: Nina Cohen, Chairman,Bonnie Belair,Nicholas Helides, Steven Pinto and
Edward Moriarty. Notice of the hearing was sent to abutters and others and notices of the
hearing were properly published in the Salem Evening New in accordance with
Massachusetts General Laws Chapter 40A.
Petitioner is requesting a Special Permit to alter a non-conforming structure&Variance
from rear setbacks &density and a request to review previous 3 year Special Permit for
Bed/Breakfast for the property located at 30 Northy Street R-2 Zone.
The provisions of 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 Permit 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 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.
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.
DECISION OF THE PETITION OF FLORA TONTHANT REQUESTING A SPECIAL
PERMIT AND A VARIANCE FOR THE PROPERTY LOCATED AT 30 NORTHY
STREET R-2
page two
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
of the Ordinance.
The Board of Appeal,after carefid consideration of the evidence presented, and after
reviewing the plans makes the following findings of fact:
I. Flora Tonthant has more than the required parking spaces for an addition to her
building. She will not cause any added congestion to the neighborhood.
2. Architect David Jaquith presented the plans to the Board.
3. Ward 2 Councillor Michael Sosnowski spoke in favor of the petition as did John
Robinson owner of 3 properties on Northy Street,Douglas Sabin of 32-34 Northy
Street. There was also a petition submitted with 13 signatures from abutter in
favor of this petition.
4. There was no opposition to this petition.
5. The previous 3 year review of the Bed/Breakfast was lifted as Ms.Tonthant has
shown the property has done well and has not caused any detriment to the
neighborhood.
On the basis of the above findings of fact,and on the evidence presented at the
hearing the Zoning Board of Appeal concluded as follows:
1. Special conditions do 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. Literal enforcement of the provisions of the Ordinance would involve substantial
hardship on the petitioner.
4. The relief requested can 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.
c '
DECISION OF THE PETITION OF FLORA TONTHANT REQUESTING A SPECIAL
PERMIT AND VARIANCE FOR THE PROPERTY LOCATED AT 30 NORTHY
STREET
page three
5. 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 with 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. Petitioner shall obtain a building permit prior to beginning any construction.
5. A Certificate of Inspection shall be obtained.
6. Petitioner shall obtain approval from any City Board's or Commission having
Jurisdiction, but not limited to the Licensing Board.
7. Exterior finishes of the new construction shall be in harmony with the existing
structure.
SPECIAL PERMIT &VARIANCE
GRANTED ver PintoJULY 20, 2005 Ite
oard of Appeal
A COPY OR 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 or the owner of
record or is recorded and noted on the owner's Certificate of Title.
Board of Appeal
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David F . Jaquith ,
AIA
Architects & Planners
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76 Marph 2005
M9. FloraTontlw
30 Northey Street
Salem,Mass 01970
Re:AropOsed Addition Of Bath,laundry Facility And Garage Renovation/Addition
Salem,Massaatusetts
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To The Salem Board of Appeals:
listed below are the abutters and neighbors who have reviewed without objection to the plans for the
proposed addition of a bath and laundry facility and garage renovation/addition for the property at 90
Northey Street, Salem, Massachusetts.
Name &WMM
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8 Enan Street , Beverly, Massachusetts 0 19 1 5
Tei. 978 927 . 7501 Fax 978 927 . 0068
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David F . Jaquith , AIA
Architects & Planners
16 Maroh 2005
Ma Flora Tonaw
30 Nonhey Street
f Salem, Man 01970
Re:Proposed Addition of Bath,Laundry Facility And Garage Renovation/Addition
Salem,MassWhusM
To The Salem Board of Appeals:
Listed below are the abutters arai neighbom who have navtewed without objection to the plans for the
proposed addihlon of a bath and[sundry tadiity and garage renovariwt!addition for ft property at 90
Northey Street, Salem, Massachusats,
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8 EnOU Street , Beverly, Massachusetts 01915
Tel. 978 927 . 7501 Fax 978 927 • 0068
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