9 CAMBRIDGE STREET - TOMSHO, MICHAEL & ANN - ZBA l
'9 Cambridge St. R-2
Michael & Ann Tomsho
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DECISION ON THE PETITION OF ANN AND MICHAEL TOMSHO FOR TYc c
VARIANCES AT 9 CAMBRIDGE ST. (R-2)
A hearing on this petition was held January 16, 1991 with the following Board
Members present: Richard Bencal , Chairman; Joseph Correnti , Richard Febonio,
Edward Luzinski and Mary Jane Stirgwolt. 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 from zoning
requirements in order to allow a two family dwelling in this R-2 zone.
Before hearing the merits of the petition the Board first had to consider re-
hearing the petition as it was denied on November 7, 1990. After hearing the
merits, Mr. Luzinski made a motion, seconded by Mr. Febonio to hear the main
petition. By a vote of 5-0 the Board allowed the petitioner to proceed with
their petition to allow a two family.
The Variance which has 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 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, makes the following findings of fact:
1 . The main character of the building has never changed as to kitchen and bath
facilities.
2. Property has been assessed as a two family since 1973.
3. Adequate legal parking can be provided on site as provided for under the
City of Salem Zoning Ordinance.
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DECISION ON THE PETITION OF ANN AND MICHAEL TOMSHO FOR
A VARIANCE AT 9 CAMBRIDGE ST. . SALEM
page two
On the basis of the above findings of fact, and on the evidence presented, 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 Zoning Ordinance would involve
substantial hardship to the petitioners.
3. 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.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variance requested subject to the following conditions:
1 . Petitioner meet all requirements of the Salem Fire Department relative to
smoke and fire safety.
2. Petitioner meet any and all requirements of any other Board and/or
Commission if necessary.
VARIANCE GRANTED
January 16, 1991
7yeiyc�da
'iEichard A. Bencal , Chairman
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 Mass. General Laws, Chapter 808, and shall be filed within 20 days
after the date of filing of this decision in the office of the City Clerk.
Pursuant to Mass. General Laws, Chapter 808, Section 11, the Variairce
cr 'racial Permit granted herein shall not take effect until a copy of the
de;.ision, 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
cn
= f::Cl, that it has been dismissed or denied is recorded in the South Essex
Re;istry of Deeds and indexed under the name or the owner of record or
C .- is recorded and noted on the.owner's Certificate of Titlo.
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DECISION ON THE PETITION OF ANN AND MICHAEL TOMSHO FOR
VARIANCES AT 9 CAMBRIDGE ST. (R-2)
A hearing on this petition was held January 16, 1991 with the following Board
Members present: Richard Bencal , Chairman; Joseph Correnti , Richard Febonio,
Edward Luzinski and Mary Jane Stirgwolt. 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 from zoning
requirements in order to allow a two family dwelling in this R-2 zone.
Before hearing the merits of the petition the Board first had to consider re-
hearing the petition as it was denied on November 7, 1990. After hearing the
merits, Mr. Luzinski made a motion, seconded by Mr. Febonio to hear the main
petition. By a vote of 5-0 the Board allowed the petitioner to proceed with
their petition to allow a two family.
The Variance which has 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 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, makes the following findings of fact:
1 . The main character of the building has never changed as to kitchen and bath
facilities.
2. Property has been assessed as a two family since 1973.
3. Adequate legal parking can be provided on site as provided for under the
City of Salem Zoning Ordinance.
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i
I
DECISION ON THE PETITION OF ANN AND MICHAEL TOMSHO FOR
A VARIANCE AT 9 CAMBRIDGE ST. , SALEM
page two
On the basis of the above findings of fact, and on the evidence presented, 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 Zoning Ordinance would involve
substantial hardship to the petitioners.
3. 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.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variance requested subject to the following conditions:
1 . Petitioner meet all requirements of the Salem Fire Department relative to
smoke and fire safety.
2. Petitioner meet any and all requirements of any other Board and/or
Commission if necessary.
VARIANCE GRANTED
January 16, 1991 A � Ol
Tlnisl Ltz Chairman
i�l�a11 J
ichar A. ental ,
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 Miss. General Laws, Chapter 808, and shall be filed within 20 days
after the date of filing of this decision in the office of the City Clerk.
Plimuont to Mass. General Laws, Chapter 808, Section il, the Varialrce
cr °je^ial 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
O� f lvd, 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.
N
c;) BOARD OF APPEAD
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August 1, 1990
To whom it may concern:
This statement is meant to convey my knowledge of the resi-
dence at 9 Cambridge St . , Salem, Mass . , during the years 1961 to
approximately 1965 .
In 1961 my uncle (Francis J. Carr ) and aunt (Katherine A.
Carr ) bought the house at 9 Cambridge St . They moved into the
house with their two daughters Phyllis and Mary and also my
grandmother, Sarah E. Fouhey.
In 1962 both my uncle, Francis, and my grandmother, Sarah
died (within two months of each other ) . I recall being in the
house at the time of my grandmother ' s funeral and that it was
only family members who lived there at that time .
In 1963 my cousin Phyllis Carr graduated from high school and
in 1964 I attended a "going away" party for her as she was moving
away from home (her sister had married and left home by then) .
At the time of this party I recall that the house contained two
families, the first floor being a separate apartment ( I do not re-
member the tenants ' names ) . I assume that my aunt ' s decision to
convert the first floor into an apartment was based on financial
hardship - by that time she would have been a 54 year-old widow
living alone in an eight-room house .
After that I was not in the house for many years .
Sincerely,
/Ar 1 21F ouhe
19 Oliver
Salem, MA
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August 21, 1990
To whom it may concern:
I have been informed that Michael and Ann Tomsho, owners of a home
at 9 Cambridge St. , Salem, intend to rent the first floor of that
residence as an apartment while they continue to be owner-occupants of
the second and third floors.
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I have no objection to this house' being used as a two-family residence.
NAME ADDRESS
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Salem Historical Commission
ONE SALEM GREEN,SALEM, MASSACHUSETTS 01970
(617)745-9595, EXT.311
January 15, 1990
Richard Bencal, Chairman
Board of Appeal
One Salem Green
Salem, MA 01970
Dear Chairman Bencal :
The Salem Historical Commission is in receipt of your meeting
agenda for January 16, 1991 . In this regard, please be advised
of the following:
- That 22 Kosciusko Street is located within the Derby
. Street Historic District as well as the Derby
Waterfront National Register District;
- That 9 Cambridge'Street is� located in the McIntire
Historic-District as`well�as the Chestnut Street
National Register District (please refer to the
letter to the Board of Appeal dated 8/22/90) ; and
- That, although it is not located in a local or
National Register district, 23 Becket Street was
likely built prior to 1800 . While historically
inappropriate changes have already been made to the
building (eg. picture window) , the Commission is
hopeful that any additional work completed to the
exterior of the building will be sympathetic to its
age and Federal style architecture .
Thank you for your consideration .
Sincerely,,
94�
THE SALEM HISTORICAL COMMISSION
Annie C . Harris
Chairman
Jhiscom8/HIS119
,Salem Historic.J commission
ONE SALEM GREEN,SALEM. MASSACHUSETTS 01970
1617) 715-9595. EXT.311
August GL, 1990
Richard Bencal, Chairman
Board of Appeal
One Salem Green
Salem, MA 01970
RE: 9 Cambridge Street
Dear Chairman Bencal:
We are writing with regard to the petition of Ann Tomsho for a Special
Permit to allow the premises at 9 Cambridge Street to be converted to a two
family.
Please be advised that this property is located in the McIntire Historic
District as well as the Chestnut Street National Register District and directly
abuts Hamilton Hall which is an individually listed National Register property. The
Commission believes that, historically, 9 Cambridge Street was built as a single
family home and we have found in the past that when single family homes are
converted into multi-family, historic details are often removed or destroyed.
While the Commission is not supportive of this petition, should the Board of
Appeal grant the Special Permit, we would like offer a reminder that all work
planned for the exterior of the building will require our approval prior to
commencement.
Thank you for your consideration in this matter.
Sincerely,THE SALEM HISTORICAL COMMISSION
Annie ( . Harris
Chairman
M5WP