9 COLBY STREET - BUILDING JACKET 9 COLBY STREET
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TO : LOCAL BUILDING INSPECTOR
MASSACHUSETTS INDEPENDENT LIVING PROGRAM
LOCAL HANDICAPPED COMMISSION -
FROM : DEBORAH RYAN , ARCHITECTURAL ACCESS BOARD
SUBJECT : ci/_- / -_J�1 -- --------
DATE :
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Enclosed please find the following material regarding the
above premises :
Application for Variance Decision of Board
Notice of Hearing Correspondence
Letter of Meeting
The purpose of this memo is to inquire as to whether or not
your office has any input on the application filed with
respect to the above project . Also , to make you aware that
a hearing has been or will be held on the matter .
If you have any information that you feel would assist the
Board in making a decision on this case , could you please
advise this office as soon as possible . You may call the
office at ( 617 ) 727-0660 or submit a letter of
recommendations and/or comments .
Thank you for your interest in this matter .
�su�icfP�f uczG � � >
Michael S. Dukakis
Governor
Deborah A. Ryan
UILG.XLd/LI➢Gk�a2 J[c>Lti - JC!'212-i.f i
Executive Director
(617) 727-066C
December 20, 1988 ,
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Mr. Frank Obey �
General Contractor
81 Center Street y
Lynn, MA 01905 u,
rRE: 9 Colby Street, Salem l'
Dear Mr. Obey:
The Architectural Access Board has reviewed your letter of
December 12, 1988 relative to the issue of a handicapped toilet at
the above location.
Please be advised that the installation of an accessible unisex
bathroom in the reception area does not require a variance from this
office and is therefore acceptable.
If you have any questions, please feel free to contact this office.
Sincerely yours,
Deborah A. Ryon!
Executive Director
cc: Local Building Inspector, Salem
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r� Poarb ofett1 APR c4
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Ds&� gJHE PETITION OF RICHARD CONWAY AND CHARLES BRENNAN C)TY 4�trit<<
FOR A SPECIAL PERMIT FOR-9 COLBY STREET'(R-3) y� sfjcf
S .
A hearing on this petition was held on March 18, 1987 and continued to April 15,
1987 with tha following Board Members present: James Hacker, Chairman; Richard A.
Bencal, Secretary; Messrs. , Fleming, Strout and Associate Member Dore. Notice of
the original 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 are requesting a Special Permit to allow construction of a second
story addition in this R-3 district.
The provision of the Salem Zoning Ordinance which is applicable to this request
for a Special Permit is Section V 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 forth in
Section VIII F and IX D, 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 the City's inhabitants.
The Board of Appeal, after careful consideration of the evidence presented at the
hearing, makes the following findings of fact:
1 . The proposed addition would be in harmony with the area in general.
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 addition will promote the welfare and convenience
of the City's inhabitants;
2. The proposed addition will improve the property.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Special Permit requested, subject to the following conditions:
1 . The building must meet all requirements of the Salem
Fire Department;
2. All construction conform to all applicable provisions of
the Massachusetts State Building Code;
CONWAY AND CHARLES BRENNAN
OF RICHARD SALEM
THE PETITION o COLEY
DECISION 04 pSvIlT FOR
FOR A SPECIAL Salem City Assessor;
page two from the d on the site 1
umbering be obtained twine
street n spaces be main �
3 Proper legal parking for handicapped.
Fifty eight t,,) them reserved i.
4. thr t3) as per plans submitted+
With
ee
be ed On site;
All construction sicians be employ
5 eigbt (8) phy
A maximum of be gbtained+
6 to of Occupancy arking lot be
A Certifica Plan for the addition and the P
9 •
the City Engineer
8 A dralnage P
reviewed by
GftAtdTEDen
I
L PERMIT t
SPECIA
frd A ge(J $ee
chaCLERK
g 'THIS DECISION HAS BEEN FILED WITH THE
PLANNING BOARD AND THE CITY .
A COPY O
APPEAL FRC:!, THIS DELISION, IF ANY• SHALL 2E MADE PURSUANT TO SEC7�^.00::t 17 Cr THE 6:ASS.
GENERAL LAF:S, CBA.PTER SJR. AND SHALL EE F:i-.D WMiI7 20 DAS A�tLM THE DATE OF FILING
OF THtS DECISION IN THE OFFICE OF TI'.E C'TY CLERK.
PURShaI TO :,:.._E.. CE!Jri.G U.Y:S. 6EV.P-.ER MJ SECT:'N ll. THE V;-IASCE CP PER.MT
GRA'.'ED HEF:E..,. SHA-_ i 'TAKE UP CT ON'TIL A COPY OF THE DEC!S'3t:. hEA i=c ,cRR
FICATtJi; OF THE CITY CLERK THAT 21. DAIS HA'/E EL42SED A'.;0 NC .A? =.L H.:E'
COLT HAT, IF SJfH AN APPEAL HA.S 6EEN FILE THAT IT HIS LEEN O:S::::S£ED IS
r^.EEGRCED to THE SCI:--H ESSEX REoiS79'f OF DEEDS A..'VD L."1DEXED O1 Ji.Y THE 4:A;.:E OF THE
OFRUOBD OR IS RECORDED AND GDTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
> i
ItICHAEL E. O'BRIEN A�� � � = LEONARD F. FEMItdO
-CITY SOLICITOR $ ASSISTANT CITY SOLICITOR
93 WASHINGTON STREET 93 WASHINGTON STREET
and and
S1 WASHINGTON STREET CITY OF SALEM ONE BROADWAY
SALEM. MA 01970 MASSACHUSETTS BEVERLY, MA 01915
745-4311 745-4311
744.3363 921-1990
Please Reply to at Washington Street Please Reply to One Broadway
December 11, 1986
Edward Pacquin, Assistant Building Inspector
City of Salem "
One Salem Green
Salem, Massachusetts 01970
Re : New England Telephone Company Terminal
90 Colbv Street, Salem.
Dear Ed :
This is to confirm our recent telephone conversation
wherein it is my opinion that the proposed terminal- at the
above location does not constitute a "structure" within the
meaning of the zoning ordinance Therefore, it is _my further
opinion that there is no necessity for a variance .
Very ruly you �l
�,,-Mic ael E. O' Brien
City Solicitor
MEO/Jp a
cc : John Davis -
New England Telephone Co . o;1 r:
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MICHAEL E. O'BRIEN LEONARD F. FEMINO
CITY SOLICITOR °L � ASSISTANT CITY SOLICITOR
93 WASHINGTON STREET "�'un+=p0u 93 WASHINGTON STREET
and and
81 WASHINGTON STREET CITY OF SALEM ONE BROADWAY
SALEM, MA 01970 MASSACHUSETTS BEVERLY, MA 01915
745.4311 - 745.4311
744.3383 921.1990
Please Reply to 81 Washington Street Please Reply to One Broadway
December 11, 1986
Edward Pacquin, Assistant Building Inspector
City of Salem
One Salem Green
Salem, Massachusetts 01970
Re: New:Eng.land—Telephone Company Terminal
90 Colby Street, Salem
Dear Ed :
This is to confirm our recent telephone conversation
wherein it is my opinion that the proposed terminal at the
above location does not constitute a "structure" within the
meaning of the zoning ordinance Therefore; it is my further
opinion that there is no necessity for a variance
V y ruly you ,
-Mic ael E. O'Brien
City Solicitor
MEO/jp
cc: John Davis
New England Telephone Co.
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"C.0, �1 s�
DECISION- ON THEIPETITION OF RICHARD E. CON4AY AND CHARLES G. BRENNAN, TRUSTEES,
-FOR A SPECIAL PERMIT FOR 9 COLBY STREET
A hearing on this Petition was held on January 20; 1982 with &N ?E113imo B7.
Board Members present: Douglas Hopper, Chairman, Messrs. Hacker, Piemonte, LaBrecque and
Feeherry. Notices of the hearing Here sant to abutters and others of 1i9 tices of the
hearing were properly published in the Salem Evening News in accorganpe with Massachusetts
General Laws Chapter 40A. Olni VkLEM,WASS.,
The Petitioners have requested a Special Permit to expand the existing non-
conforming use of the property in question. The properly is currently used as a
medical building. Petitioners intend to expand this use by adding a second
story to' the building.
The property is within an R-3 district.
The provision of the Salem Zoning Ordinance which is applicable to this request
for a Special Permit is Section V 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 forth in Section VIII F and IX D,
grant Special Permits for alterations and reconstruction of non-
conforming 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 nonconform-
ing 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 health,
safety, convenience and welfare of the City'sinhabitants.
The Board, after considering the evidence at the hearing on this matter,
makes the following findings of fact:
1) The proposed use of the property is in harmony with other uses in the
. area and is an appropriate use because of the close proximity of the
property to the Salem Hospital.
2) Petitioners' plans have been reviewed and approved by the. City Engineer.
On the basis of the above findings of fact and on the evidence presented
at the public hearing, the Board of Appeal finds (i) that the proposed use
of the property will not be substantially more detrimental than the existing
use to the neighborhood, (ii) that the proposed use of the property will promote
the health, safety, convenience, and welfare of the City's inhabitants, and
(iii) that the proposed use of the property is in harmony with the Salem
Zoning Ordinance. Accordingly, the Board approves (4-1) the granting of a Speciale
Permit to the Petitioners. (Mr. Hacker voted in opposition) .
DECISION - RICHARD E. CONUAY AND CHARLES C. BRENNAN, TRUSTEES
9 COLBY STREET
Page 2
January 20, 1982
JAN 26 3 is PH V
FILE
CITY V k:;'v SSLE MAI SS
The Special Permit is therefore granted in accordance with the following
terms and conditions:
1. The property may be altered and its current use expanded by
the addition of a second story and the addition of a new
entrance as shown on the plan (Plan B) submitted to the Board.
2. Petitioners shall maintain seventy-one parking spaces at the site.
3. Petitioners shall in all other respects comply with the terms of
Plan B submitted to the Board and approved as noted by the City Engineer
with respect to drainage, sidewalks, etc. as that Plan relates to
the property in question.
Anthony M. Feeherry,ISecr"etary y�
d
. BOARD OF AUPEAL
PAL -
- A COPY OF THIS DECISION AND PLANS HAS BEEN FILED WITH THE PLANNING BOARD AND CITY CLERK