73 NORTH STREET - BUILDING INSPECTION ?� NORTH STREET
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No. 153L-2
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�c r CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL CITY IF SALEM. r1°MA
120 WASHINGTON STREET, 3RD FLOOR liLlllf�•J f�FMGG
SALEM, MA 41 974
- TEL. (978) 745-9595
>Y FAX (978) 740-9846
STANLEY J. USOVICZ, JR. -1001 JAN 29 A II: 00
MAYOR I
DECISION ON THE PETITION OF GABRIEL ROSSI, TRUSTEE REQUESTING A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT.73 NORTH STREET BPD
A hearing on this petition was held on January 15, 2003 with the following Board
Members present: Nina Cohen, Nicholas Helides, Stephen Harris, Bonnie Belair and
Joan Boudreau. 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 requests a Special Permit for extension of a nonconforming use and structure
by construction of a 720 sq ft. addition within the rear and side setback resulting in a
building lot coverage of 48% for the property located at 73 North Street located in a
BPD zone.
The provision of the Salem Zoning Ordinance which is applicable to this request for a
Special Permit is section 5-3 (2) (8), 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 Section 8-6
and 9-4, grant Special Permits for alterations and reconstruction of nonconforming
Structures, and for changes, enlargement, extension of expansion, of nonconforming
lots, land, structures, and uses, provided however, that such change, extension,
enlargement of 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, guided by
the rule that a 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.
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
stuctures 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,and after
viewing the plans, makes the following findings of fact
ct
DECISION ON THE PETITION OF GABRIEL ROSSI, TRUSTEE REQUESTING A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 73 NORTH STREET BPD
page two
1. Attorney George W. Atkins III, 59 Federal Street represented the petitioner,
Gabriel Rossi.
2. Mr. Rossi is the owner of O'Rourke Brothers Memorial and would like to build a
24 ' x 30 'addition for storage of materials.
3. Councillor Mike Bencal spoke in favor of the petition.
4. There was no opposition.
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 ordinance would involve substantial
hardship on the petitioner.
2. 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.
3. 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, subject to the following conditions:
1. Petitioner shall comply with all city and state statues, codes ordinances and
regulations.
2. All construction shall be done as per the 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 be obtained a building permit before starting any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing
structure.
6. Petitioner shall obtain approval from any City Board of Commission having
jurisdiction including, but not limited to, the Planning Board.
SPECIAL PERMIT GRANTED Joan Boudreau CSC
JANURAY 15, 2003 Board of Appeals
,r
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 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 the 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.
of SaIrm, CTansadjusetts
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DECISION OF THE PETITION OF GABRIEL &MARY ROSSI.,-.IR-._REQUESTING'A'
VARIANCE FOR THE PROPERTY LOCATED AT�73 NORTH STREET' (B-PA,
A hearing on this petition was held August 21, 1996 with the following
Board members present: Gary Barrett, Chairman, Albert Hill, Arthur
Lebreque, Richard Dionne and Paul Valaskatgis. 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, requests a Variance to allow a sign to be install for the
property located at 73 North Street.
The Variance which has been requested may be granted upon a finding of 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 land, buildings, or structures in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1 . Mr. Gabriel Rossi , Jr. represented himself.
2. A letter form the City Planner, Craig Wheeler submitted a letter in
favor of the petition.
3. Mr. McDermitt of Dearbord Street spoke in favor of the petition.
4. Councillor Leonard O'Leary spoke in opposition, citing non-conformity
with the city's sign ordinances.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property
and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
3. Desirable relief can be granted without substantial detriment to
public good and without nullifving and substantially derogating from
the intent of the district or purpose of the Ordinance.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal voted unanimously, 3-0 to grant
the variance requested, subject to the following conditions:
DECISION OF THE PETITION OF GABRIEL AND MARY ROSSI, JR. REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT 73 NORTH STREET (BP)
page two
1 . Petitioner shall comply with all city and state statures, ordinances,
codes and regulations.
2. All construction shall be done as per plans and dimensions which are to
be certified, submitted to and approved by the Building Inspector.
Plans from Portelance Sign Company , 4ft. x 3716.
3. Petitioner shall obtain building permit prior to beginning any
construction.
Variance Granted
August 21, 1996
Richard Dionne, Member J
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
�. nustness k-erntlCaLe
Citp of baiem, Bassarbusetts
3
DATE FILED OX Type: �,/NeW
Expiration Date �Ve 4`. 1`r /99 7 ❑ Renewal, no change
Number Renewal with chance
In conformity with the provisions of Chanter one hundred and in, �ecdon live of the Massachusetts Geaerai
Laws, as amen d, the undersigned hereby deciarets) that a business is conducted under the titie of:
Az�5�9 e,UT•- 2 iV V/lLO✓/"£ ✓T/J L A�1-
type of business ���/���✓�/tel ,����J/I/<'. 1lG/ fTiti� /lav T�iurtnC
by the following named personts): (Include corporate name and titie if corporate officer)
Full Name Residence
/"/✓L/� f ��J-Gf�£%NfJ .7 J /ir/�JT Si�4/GQ'Pr2 i77ip,/l/�ll/rL/'�/r/�.
Si nature
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on /VG✓ 1 che above named nersonts i personaiIv appeared before me and made ;in
oath that the foreeoine statement is true.
-----------------------------------------------------
CITY CLERK Notary Public
(seal)
Date Commission Expires
Identification Presented
State Tax I.D. # 7 S.S.
(if available)
In accordance with the provision of Chanter 337 of the Acts of 1985 and Chaoter 110, Section 3, of Mass.
General Laws, business certificates shall be in effect for four (4) years from the date of issue and shall be
renewed each four Years thereafter. A statement under oath must be tiled with the town clerk upon
discontinuing, retiring, or withdrawing from such business or partnership.
Copies of such certificates shall be available at the address at which such business is conducted and shall be
furnished on request during regular business hours to any person who has purchased goods or services from
such businegs:
Violations are subiect to a fine of not more than three hundred dollars (5300.00) for each month during which
such violation connniies.
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DECISION ON THE PETI_TION_OF_GABRIEL P. ROSSI , JR. FOR A F(LE�
SPECIAL PERMIT AT 73 NORTH ST. (BPD)s
C191' CL; i..1.. c.
A hearing on this petition was held August 24, 1988 with the following Board�S
Members present: James Fleming, Chairman; Messrs. , Nutting, Luzinski, Dore
and LaBrecque. 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, represented by Attorney Mary Harrington, is seeking a Special
Permit to extend a nonconforming one story building to create additional
business space as 73 North st. The locus is in a Business Park Development
District.
The provision of the Salem Zoning Ordinance which is applicable to this request
for a Special Permit is Section VI B 10, 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 for this
Section VIII F and IX D, grant SpecialPermits for alterations and reconstruction
of nonconforming structures, and for changes, enlargement, extension or 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,
guided by the rule that a 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 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 proposed use of the extension of the building is for storage
and loading, an appropriate use in this district;
2. The extension of the nonconforming use is necessary because the Common-
wealth of Massachusetts took some of the petitioners real property
by eminent domain;
3. The Ward Six Councillor, Sarah Hayes, spoke in favor of the granting
of the Special Permit.
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 . The proposed use of the property will not be substantially more
detrimental than the existing use to the neighborhood;
DECISION ON THE PETITION OF GABRIEL P. ROSS!, JR. FOR A
SPECIAL PERMIT FOR 73 NORTH ST. , SALEM
page two
2. The relief requested can be granted 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
Special Permit requested, subject to the following conditions:
1 . All work be performed as per the plans submitted to the Board of Appeal;
2. All construction be done in accordance with the provisions of the
Massachusetts State Building Code;
3. The petitioner must obtain a Building Permit from the Salem Building
Inspector;
4. All requirements of the Salem Fire Department, relative to Fire safety,
be adhered to by the petitioner;
5. All the exterior finishes of the new construction be in harmony with the
exterior finishes of the existing building;
6. Solid planting be made along the entire southerly side of the property
line of the petitioner, as approved by the City Planner.
SPECIAL PERMIT GRANTED
r
ames M. Fleming, Esq.
Chairman, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
,o.:i EE : -rF..r..":':A`'T TO S-.-. % 17
ANJ SilvLl .i ?0 D 5'$ A. Fai
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I.': Hi C L. "i H ESSEX RE,ISTFOF IEL,7 AN INDEXED U.i R "i 1 E iG;, E of h.-
OF REC.;RD OR IS RELURDED AND NOTLU ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
7
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'81 FEB 26 R2 :02
FEBRUARY 18 1981
CITY C 97M ' 10;:FICE
SALE;
DECISION ON THE PETITION OF O'ROURKE BROS. , INC. REQUESTING A VARIANCE FOR
73 NORTH STREET
A hearing on this Petition was held on February 18, 1981 with the follow-
ing Board Members present: Douglas Hopper, Chairman; Messrs. Piemonte, La-
Brecque, Feeherry and Hacker. Notices of the hearing were sent to abutters
and others and a notice of the hearing was published in the Salem Evening News
on February 4, 1981 and February 11, 1981, in accordance with Massachusetts
General Laws Chapter 40A.
The Petitioner has requested a variance for the property at 73 North
Street to allow him to divide the property which has a total area of in excess
of 53,000 square feet into two lots. A variance is required because after the
proposed division of the property, the existing business located on what will
become Lot A will be on a non-conforming lot because the lot will contain less
than 40,000 square feet. The property in question is in an Industrial Zoning
District.
The Board of Appeals, after consideration of the evidence presented at
the public hearing and after viewing the property makes the following findings
of fact:
1. The property in question is unique because of its peculiar configura-
tion and location and because of its prior business use which utilized only
a portion of the entire property.
On the basis of the above findings of fact, and the evidence presented.
at the public hearing, the Board of Appeals concludes as follows:
1. The proposed division of the petitioner's property is consistent
with the past use of the property and is appropriate because of the unique
location and shape of the property.
2. The conditions described above especially affect the property in
question but do not generally affect the zoning district in which the property
is located.
3. The conditions described above which affect the land in question, but
not the zoning district generally cause the following special hardship: Unless
the land in question is divided as proposed in excess of 40,000 sq. ft. of land
which is zoned for industrial use, cannot be utilized by the petitioner.
4. The desired variance may be granted without substantial detriment to
the public good because the proposed division of the property .is consistent
with the prior use of the property and is in no way injurious to the surrounding
area.
I
J'
Otu of '5alem, fflasmc4usetts
Pourb of Appeal
PAGE TUO - DECISION - FEBRUARY 18, 1981 - 73 NORTH STREET
Therefore, the Board of Zoning Appeals unanimously votes in favor of ,
granting the requested relief. The Board grants a'variance to the petitioner
on the following. terms and conditions:
1. The property may be divided into two lots, .Lot A containing 10,789
square .feet and Lot B containing 43,351 square feet, as shown on the plan pre-
sented to the Board.
2. This variance is conditioned upon the approval of the petitioner's
plan by any other minicipal board whose approval may be required for the
proposed division of the property in question.
L�
Anthony M. eherry, Secretary u
APPEAL FROM. THIS DECiSIOCu, If ANY. SHALL BE VADE PURSOANT TO SEPTIC:! 11 OF THE MASS. -
GENERAL LA.:YS, CHAPTER 308, AND SHALL BE FLED YPTHiN 20 DAYS AFTER THE DATE OF FILING - -
OF THIS DECIS101 IN THE OFP!CE Cr ,fiE C;-if CUERI{.
PL;za'`iT T.. :..�a. .E Fc..l.' L.. THE VAR!AN ' OR SPMAL PERMIT -
GRANT-E) HE.Ei C: SMALL ..:T!L A �O P'i '.,F T;:_ _a ... THE (: RT.
FICATiCiI OF THC CI(f CLEni ,., ..i _ r) -=AL HAS -M9 FILED,
OR THIS, IF SUCH A-.1 APPEAL HAS Oi ti`' F"L. :Edi IT iiP.S KEN EISaISSED OR DENIED IS
RECORDED lil THE SOUTH ESSEX RE3!ST2'i CIFAND ='XED UNIIUE2 THE RX-4E OF THE OWNER
OF RECORD OR IS RECORDED AND NOTED ON-THE�OWNER'S CEP,TIFIVaE OF TITLE. -
. . BOARD OF APPEAL
A COPY OF THIS DECISION, AND PLANS REFERRED TO HAS BEEN FILED WITH THE PLANNING BOARD AND
CITY CLERK,
f — COMMONWEALTH OF MASSACHUSETTSC)
CITY/'P6bdiVz OF S ALE M / �� L
APPLICATION FOR CERTIFICATE OF INSPECTIONCx p
r
Date ( X) Fee Required (Amount ) $25.00
( ) No Fee Required
In accordance with the provisions of the Massachusetts State Building
Code , Section 108 ,15 , I hereby apply for a Certificate of Inspection for
the below-named premises located at the following address :
Street and Number or Z,3 G/x / -57 _
Name of Premises bnSfOO Fx('ryat,;nQ PA.
Purpose for Which Premises is Used CdNS /,eOCT/DNl C90/P/Y.t/V
License( s ) or Permit ( s ) Required for the Premises by Other Governmental
Agencies :
License or Permit Agency
[.LAs,5 JI DzFALEP5
Certificate to be Issued to 1306jONI /5 ACAAl71W 6/a&y
Address Po )3O)L 2 ,)- '5,92 ' ,5 J
Owner of Record of Building U J
Address /3 $ 13 RID 6/ Si Y /94S'S
Name of Present Holder of Certificate /3657ON /_XGAU/bi/NG CLy,Ss TG
Name of Agent , if anyblONF
SIGNATURE OF PERSOP TO WHOM TITLE
CERTIFICATE IS ISSUED OR HIS
AUTHORIZED AGENT %l /y .� ob
DATE
INSTRUCTIONS :
1) Make check payable to : CITY OF SALEM
2 ) Return this application with your check to : John B. Powers, Inspector
of Buildings, City Hall Annex, One Salem Green, Salem, Mass.
PLEASE NOTE :
1 ) , Application form with accompanying fee must be submitted for each build-
ing or structure or part thereof to be certified .
2 ) Application and fee must be received before the certificate will be issued.
3 ) The building official shall be notified within ten (10 ) days of any change
in the above information.
CERTIFICATE N EXPIRATION DATE :
FORM SCC-3-74
vh
r3UlLDihiG Gtr(}T
AFR I 11 zo AM '78
RECEIVED
CITY OF SALr*M,fAdSS,
oe-
6'66-v� fc,,,
PERIODIC INSPECTION INFORMATION SHEET
Instructions: This information sheet is not an inspection checklist. Each time
a permanent file card is typed for a new building or a new card for an old build-
ing, this information sheet can be prepared by the building inspector as a work
sheet from which the file card can be typed. The items of information on this
sheet are identical to the items on the file card. If all the information on this
sheet cannot be entered on the file card, this sheet should be filled out and
not discarded.
Street and Number -7 3 /v0A*Y
Name of Premise s1K5kMPJ TJ- tGt1da 4fl
Other Licenses 4Aor P rmits Required
GALN, ,
, ; �
Owner of Record of Build'
Address 5' BXA lsv►
Certificate to be Issued to tE>w K T. /t>otAr ! C Q
Address r r aX o*7CZa" M
Use Group Classification G Purpose Use A ,jr# 41 X
Public or Private
Number of Stories ( Class of Construction Date Erected
Certified Capacity (By Story or Type) LOF�CIG E "" T"
Number of Rooms - Hospitals, Schools, Hotels (By Story or Type)
Number of Dwelling Units Per Story
Emergency Lighting System A -*A-'
Means of Detecting and Extinguishing Fire X j`
Fire Alarm System
Number of Elevators
How Heated _ . tC
Boiler or Othgx-H ating Apparatus
How Lighted 7 4 -tr. How Ventilated
Place of Assembly; Yes No Purpose Used
In Which Story
Standard Booth Installed Location
Fixed Seating
Number of Aisles and Width of Each
Fire Resistance of Curtains or Draperies 09
Number of Sanitaries Location ,4
Number of Grade Floor Means of Egress Doorways__ j
Number of Separate Stairways Accessible Per Story
Number of Approved Independent Exitways Per Story
Remarks /
Date Certificate Issued Date Certificate Expire
Date Orders Issued Date Orders Complied
Inspector
FORM SBCC-'1-774
(I F0M( SXC_c`_74
\ il4k Tommouturalth of
= W
CITY/TOfffl OF S A L E M
in accordance with the Massachusetts State Building Code, Section 108. Z5, this
CERTIFICATE OF INSPECTION
is issued to . . . . . . . . . . . . . . . . . . . . . Boston Excavating & Wood Equipment Co.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Boston Excavating &
Trr#if1J that I have inspected the. . . . . , Premises . . . . ,known as. . ,Wood Ec�ui�ment Co.
located at. . . . . . 73R North. Street. . . . . . . . . . . . .tin the. .CitY. . . . . . .of. . . . . . .$��@m. . . . . . . . . . . . . . . . . . . . . . . . . .
County of. . . . Essex . . . . . . .Commonwealth of Massachusetts. The means of egress are sufficient for the following
number of persons:
BY STORY
Story Capacity Story Capacity Story Capacity Story Capacity
BY PLACE OF ASSEMBLY OR STRUCTURE
Place of Assembly Place of Assembly
or Structure Capacity Location . , or Structure Capacity Location
Office 5 First Floor • •
62-78 1+_214 a Change, in TT-e lir nwnar ��
Certificate Number Date Certificate Issued Date Certificate Expires Building Official
The building official shall be notified within (ZO) days of any changes in the above information.
����.LONIbIy Titu o
? y l
m
DFCIS ION
a
Wetlands and Flood Hazard District W
Special Permit
Gabriel M. Rossi , Jr. w
73 North Street '
Salem, MA 01970
sn
RF,: 73 North Street
On Thursday, September 8, 1988, the Planning Board of the City of Salem held a
public hearing regarding Che application of Gabriel M. Rossi , Jr. for a Special
Permit under Section P, Wetlands and Flood Hazard Districts of the Salem Zoning
Ordinance, with respect to a proposed 1 ,500 square foot addition within a Flood
Hazard Zone at 73 North Street.
At a regularly scheduled meeting of the Planning Board on September 8, 1988,
the Board voted by a vote of eight in favor, none opposed to approve the application
as complying with the requirements for the issuance of the permit with the following
conditions: -
: . Conformance with Plan
Work shall conform to plan entitled, "Plot Plan of land located in Salem,
prepared for G. M. Realty Trust", dated June 30, 1988.
2 . Construction Practices
All construction shall be carried out in accordance with the following
conditions :
a. No work shallcommence before 7 :00 a.m. on weekdays and 8:04 a.m. on
Saturdays . No work shall continue bevond 5:00 p.m. There shallbe no work
conducted on Sundays or holidays.
b. All reasonable action shallbe taken to minimize the negative effects of
construction on abutters in writing at least 72 hours prior to commencemerit of
construction.
3 . Violations
Any violations of these conditions shall result in revocation of this permit by
the Planning Board. ,
-z-
This Special Permit shall not take effect until a copy of the decision bearing
the certification of the City Clerk that twenty days have elapsed and no appealhas
been filed, or that if such appeal has been filed, and it has been dismissed or
denied, is recorded in the Essex County Registry of Deeds and is indexed in the
grantor index under the name of the owner of record or is recorded and noted on the
owner ' s certificate of title. The fee for recording or registering shall be paid by
the owner or applicant .
I hereby certify that a copy of this decision and plans are on file with the
.City Clerk and a copy is on file with the Planning Board.
IT
Walter B. Power, III
Chairman
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Public Prapertg Mepartment
iluilbing Department
(One 6alem 06rem
500-745-9595 Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
July 31 , 1997
G.M. Realty Trust
73 North Street
Salem, Mass . 01970
RE : Building Permit
Dear G.M. Realty Trust:
You applied for and received a building permit ,
permit #545-95 . As of this date we have not received a
call for an inspection of work having been completed. If
work pertaining to permit 1545-95 has been completed,
please call for a final inspection. If work is still
ongoing please notify us of such, so we can continue to
monitor the work.
If this office does not hear from you within fifteen
( 15 ) days , your permit will be revoked and work will not
be certified per State Building Code .
Thank you for your anticipated cooperation in this
matter .
Sincerely,
Leo E . Tremblay
Inspector of Buildings
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CITY OF SALEM. MASS
CLERK'S OFFICE
DECISION ON THE PETITION OF GABRIEL ROSSI JR. , TR. FOR A VARIANCES AND
SPECIAL PERMIT ATK73;:NORTH-STREET (BPD)
A hearing on this petition was held September 21, 1994 with the following
Board Members present: Stephen Touchette, Chairman, Stephen O'Grady, Gary
Barrett, 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, owners of the property, are requesting a Variance and Special
Permit to expand nonconforming structure and a Variance from parking at 73
North Street. The property is located in a BPD district.
The provision of the Salem Zoning Ordinance which is applicable to this
request for a Special Permit is section 5-3(j ) , 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 Section 8-6 and 9-4, grant Special Permits for alterations and
reconstruction of nonconforming structures, and for changes, enlargement,
extension or 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, guided by the rule that a 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.
Y
DECISION OF THE PETITION OF GABRIEL ROSSI JR. , TR. FOR A SPECIAL PERMIT
AND VARIANCE AT 73 NORTH STREET, SALEM
page two SRT 5 42. ii t
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OLER."to,OFA 1',T,F
C. Desirable relief may be granted without substantial detriment to
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,
and after viewing the plans, makes the following findings of fact:
1. This is a re-filing of a petition already granted in 1988.
2. The only change in the construction plans is the material being used
for the walls.
3. There was no opposition to the petitions.
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 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, codes
ordinances and regulations.
2. All construction shall be done per the plans and dimensions submitted.
3. All requirements of the Salem Fire Dept. relative to smoke and fire
safety shall be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any
5. Exterior finishes of the new construction shall be in harmony with
the existing structure.
DECISION ON THE PETITION OF GABRIEL ROSSI JR. ,TR. FOR A VARIANCE AND
SPECIAL PERMIT AT 73 NORTH STREET, SALEM
page three ft 5 ,� ;42 M ,9q
6. A Certificate of Occupancy is to be obtained. CITY OF SALEM,
7. A Certificate of Inspection is to be obtained.
CLERK'SO OFFICE
8. Petitioner shall display the street number so that it is visible from
the street.
Variance and Special Permit Granted
September 21, 1994
Stephen Touchette, 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
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 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