73 NORTH STREET - ZBA (004) 73 North St.
BPD
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(gitu of sttlem, Cttsstttliusetts
Poura of A{pup
DEC 6
,. 3 os P1f 'B8.
DECISION ON THE PETITION OF GABRIEL P. ROSSI, JR. FOR A FILE;
SPECIAL PERMIT AT 73 NORTH ST. (BPD)
CIT)'cL; ,
A hearing on this petition was held August 24 , 1988 with the following Board''S
Members present: James Fleming, Chairman; Messrs. Nutting,g , g, 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
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Permit to extend a nonconforming one story building to create additional :'�l
e.:.
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 'T
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 S.T. , 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, grant rant 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 4
Massachusetts State Building Code;
3. The petitioner must obtain a Building Permit from the Salem Building F
Inspector;
4. All requirements of the Salem Fire Department, relative to Fire safety, r
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
74,
/ ames M. Fleming, Esq.
Chairman, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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