322-330 ESSEX STREET - BUILDING JACKET
B�J�L,DING"®�f"T
n 18 , 1981
qua zg AH E i
REUIVEg
MY PF sAIUM, Mqs;,
My name is Evelyn Blum, of 330 Essex Street, Salem,
Massachusetts. I hereby state that my residence at
330 Essex Street, Salem, Massachusetts has never been
used for rental purposes.
Eveld Blum
C '�GLGz �Cec Sn�J ' Ilk" y
i
/ For Registry of Deeds Use Only
I certify that this plan was prepared
in conformity with the rules and
regulations of the Registry of
pp 2�A � Deeds.
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LAO
,S'4LEM Pc1tNv�.vc �4 e0 � `ar °
T 8 M ENGINEERING ASSOCIATES, INC.
Lv.:l 83 PINE STREET PEABODY, MA
0 4a Ba iso .�w
-(TALE / = d0 '
9�3
b �T r�1 PR V 3 of ?h '89
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J paurb of E°1u}seal
CITYCI.EiiK.S:!xt?. ;ASS.
DECISION ON THE PETITION. OF, THE JEFFERSON TRUST FOR A VARIANCE ATY322-330_
CANAL -STREET/72 LORING AVENUE (B-2). -
A hearing on this Petition was held on April 19, 1989 with the following
Board Members present: James M. Fleming, Chairman; Richard A. Bencal, Vice
Chairman; John R. Nutting, Secretary, Edward Luzinski; and Peter Dore,
Associate Member. Notice of the hearing was sent to all abutters and others
and notices were properly published in the Salem Evening News in accordance
with M.G.L. C.40A.
Petitioners, represented by Attorney John R. Serafini, Sr. , are requesting a
variance from Section VII B of the Zoning Ordinance to allow division of land
into four (4) lots in this B-2 zone as shown on the submitted plans.
The Variance which has been requested may be granted upon a finding of the
Board that:
a. Special conditions and circumstances which especially affect the land,
building or structure involved and which are not generally affecting
other lands, buildings and structures in the same district;
b. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to Petitioners;
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 purposes of the Ordinance.
At the hearing, evidence was presented that the configuration of the three
lots presently approved were configured in conformance with Section VII B
of the Zoning Ordinance relating to gasoline service stations. Under that
Section of .the Ordinance, minimum lot widths of 12U feet were required. The
Petitioners demonstrated that the use of the property as it related to the
two buildings already constructed did not strictly fit the definitions of
the gasoline service stations, that the use of the buildings was oriented
towards the sale of certain automotive products and certain limited services,
and that there were no gasoline tanks or pumps to dispense gasoline.
Evidence was further introduced that a proposed third building would be
devoted to general B-2 purposes, which were a permitted use on that parcel
of property, and further that the lots in question were of such size as to
exceed area requirements in B-2 zones. It was further pointed out that to
permit four lots with 100 foot lot widths was in keeping with general re-
quirements in a B-2 zone, which requires that minimum lot width be 100 feet
per lot. It was further indicated that there was no intention on the part
of the Petitioners to utilize Parcel II as a gasoline service station. The
Board, after considering all the evidence, made the following findings of fact:
1. The present three lots are very irregular in shape and the proposed
plan would allow better use of the property;
2. Petitioners previously had to comply with zoning provisions relating to
service stations even though the buildings constructed were not auto-
motive service stations in the strict sense of the word;
3. Concerns of neighbors and abutters regarding fences and shrubbery
would be met by the Petitioners;
4. The requirements of lot width under Section VII B of the Zoning
Ordinance created a hardship, since the land was not being used for
automotive gasoline service stations and that to hold general retail
uses, which were permitted in a B-2 zone, to a higher lot width re-
quirement than was normal under the B-2 zoning requirements created
hardships for the Petitioners.
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 and circumstances exist which especially affect
the land involved which are not generally affecting other lands,
buildings or structures in the same district;
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial and otherwise, to 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 purposes of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously in favor of granting
the variances requested subject to the following conditions:
1. Parcel II, as shown on the plan submitted, shall not be used as a
gasoline service station.
2. Petitioners and/or assigns to repair and maintain the fencing in the
rear of the property abutting land as shown on the plans, as N/F
Bedard; Adams St. ; N/F Crean and N/F Ferrier. The fence shall be
stockade type along the Bedard property and chain link type along the
others. The obligation to repair and: maintain as it pertains to the
abutting Crean and Ferrier property shall be subject to the Petitioners'
ability to obtain cooperation and assistance from those landowners.
The Petitioners shall only be obligated to use their reasonable best
efforts to obtain such cooperation;
3. All lot width dimensions to the new lots are to be per the plans
submitted.
y
4. Appropriate shrubbery and trees are to be placed along the rear of the
property at 7 Kimball St. and as reasonably possible along the rear
of the property as shown on the plans as N/F Bedard; Adams St.;
N/F Crean and N/F Ferrier. Shrubbery and trees shall be as in the
reasonable judgment of the Petitioners is adequate. The area between
the Petitioners' land and the land of Crean and Ferrier shall be
governed by the limitation set forth in condition 2 as to cooperation
from them;
5. Petitioners and/or assigns shall install and maintain a bituminous
curb at the end of Adams Street;
6. All conditions of the previous decision of this Board dated January 23,
1985 shall be made part of this decision;
7. Proper numbering for the lots shall be obtained from the Assessors
Office, City of Salem;
8. No storage of vehicles shall be allowed on any of the four lots shown
on the submitted plans.
VARIANCES GRANTED
Richard A. Bencal
Vice 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 THE NIAf1G.
GENERAL LAMS, CHAPTER 808, AND SHALL BE FILER WITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSANT TC MASS. CENERAL LAWS, CHAPTER 805, SECTION 11. THE VARIANCE OR SPF::'-'. PERMIT
GRANTED HEREIN, SHALL NOT TA'(E EFFECT UNTIL A COPY OF THE DECISL"N. BEA-R;(;, 7i,._ GT•
FICATION OF THE Ci"'Y CLERK T:!A; 20 DAYS HAVE E-APS_9 •4:0 NO APPEAL HAS BEE': '
OR THAT, IF SUCH AN APPEAL HAS BEEN FILE. 111W IT HAS BEEN DISMISSED OR DE%1f
REC:,ROEO IN THE S.'U'H ESSEX RE'ASTRY OF DEEDS AND INDEXED UNDER THE NA:4E _ :!WNE7,
OF RECORD OR 1$ RECORDED AND NOTED CN THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
• SENDER: Complete Items 1 and 2 when additional services are desired, and complete items
3 and 4.
Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this
card from being returned to ou.The return receipt fee will provide you the name of the. rson delivered
td nd the data or deliver .;ora rriona Tees t e o owing services are ave a e. onsu t postmaster
or ees an c c ec ox es for additional service(s) requested.
1. Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery
(Extra charge) (Extra charge)
3. Article Addressed to: 4. Article Number
Jefferson Realty Trust
c/o Rertini's Restaurant Type of Service:
❑- gistered ❑ Insured
2H4 (anal St. Certified ❑ COD
Salem, MA. 01970 ❑ Express Mail ❑ Return Receip�t
for MerchanUIse
Always obtain signature of addressee
RE: 326 Canal St. Salem )k, or agent and DATE DELIVERED.
5. Signature — Address S. Addressee's Address (ONLYif
X requested and fee paid)
6. Signature A ant
X
7. Date of Delivery
PS Form 3811, Mar. 1988 * U.S.G.P.O..1988-212-865 DOMESTIC RETURN RECEIPT
UNITED STATES POSTAL SERVICE I I( I I I
6FFiCIAL BUSINESS
SENDER NS
Aim your name,address and
21P Code
M es below.
-
• grteltems 1.2,3,and 4 o the U.S.MAII
MGM. �()
• Attach to from of article R space
permits, otherwise affix to back of
article. PENALTY FOR PRIVATE
• Endorse article "Return Receipt USE, 8300
Requested"adjacent to number.
RETURN Print Sender's name, address, and ZIP Code in the space below.
TO
James Santo - Bldg. Dept.
One Salem Green - 2nd fl.
Salem, MA. 01970
P 038 763 546
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
(See Reverse)
Sent to
Jefferson Realty Trust
cVb ae2tini's Restaurant
P n Slate and ZIP Code hw
1284 Canal St. Salem, MA.
Postage S
1 .. 2.00
Ce0fied Fee F�
Ln
Special Delivery Fee rt
Restricted Delivery Fee
Return Receipt showing
N to whom and Date Delivered
i, Return Receipt showing to whom.
Date,and Address of Delivery
m
TOTAL Postage and Fees S rt
2.00
Postmark or Datej
N
E
`o
U.
1
STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE,
CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front)
1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving
the receipt adached and present the article at a post office service window or hand it to your rural carrier.
(no extra charge)
2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of
the article, date,detach and retain the receipt,and mail the article.
3. If you want a return receipt,write the certified mail number and your name and address on a return
receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends it space per-
mits. Otherwise,affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED
adjacent to the number.
4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee,endorse
RESTRICTED DELIVERY on the front of the article.
5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return
receipt is requested, check the applicable Mocks in item 1•.of Form 3811.
6. Save this receipt and present it if you make inquiry. --w n-.. 4 U.S.G.P.O.1988-217-132
City of *alem, Aagg 0m5ettg
Vubk jropertp Mepartment
�phme Nui[bing Mepartment
Ont *alem Oreen
745-9595 Cxt. 380
William H. Munroe
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
March 1 , 1990
Jefferson Realty Trust
C/O Bertini's Restaurant
284 Canal Street
Salem, MA. 01970
RE: 326 Canal Street r(Loring Auto Mall)
Salem, .
MA
i , Dear Mr. Bertini:
CAt this time, we would like to inform you that Strout Brothers Construction,
Inc. has withdrawn their license frau permit #565-88 for the above referenced
" property.
If work is to continue at the site, you will have to have a new licensed
contractor take over the permit.
If you have any further questions, please contact me at this office.
Sincerely,
James D. Santo
✓ Assistant Building Inspector
JDS/jmh
c.c. Ward Councillor
City Solicitor
Fire Prevention
C
r ` itu of ��11EIII, ��11c�557C1i1I5£ft5
r ��I�ttvtitu} marl
4 Jur 21 1 53 Ph 88
t Air !'dI£1Tt (6r££ri
FILE#
FORM F. - DECISION CITYCL_RK. S_'77 ' Ie 5S.
Ms. Josephine Fusco
City Clerk
City Hall
Salem, MA 01970
Dear Ms. Fusco:
At a regularly scheduled meeting of the Sale . Planning Board held
on June 16, 1988 it was voted to endorse ";�_proval Under Sub-
division Control Law Not Required" on the followine described plan:
1. Applicant:
Jefferson Realty Trust
c/o Serafini, Serafini, and Darling
63 Federal Street
Salem, MA 01970
2. Location and Description -
322-330 Canal Street
Deed of property records in Essex South District Registry.
Sincerely,
Walter Power III ,
Chairman
WP/sm
1
CjtV of ttlem, � ttssttt�juset s
aura of hmal
DECISION ON THE PETITION_OF THE-_JEFFERSON TRUST FOR A VARIANCE AT L322=330)
cCANAL7-STREET7J2 CORING AVE, NUE (B--2)7.
A hearing on this Petition was held on April 19, 1989 with the following
Board Members present: James M. Fleming, Chairman; Richard A. Bencal, Vice
Chairman; John R. Nutting, Secretary, Edward Luzinski; and Peter Dore,
Associate Member. Notice of the hearing was sent to all abutters and others
and notices were properly published in the Salem Evening News in accordance
with M.G.L. C.40A.
Petitioners, represented by Attorney John R. Serafini, Sr. , are requesting a
variance from Section VII B of the Zoning Ordinance to allow division of land
into four (4) lots in this B-2 zone as shown on the submitted plans.
The Variance which has been requested may be granted upon a finding of the
Board that:
a. Special conditions and circumstances which especially affect the land,
building or structure involved and which are not generally affecting
other lands, buildings and structures in the same district;
• \ b. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to Petitioners;
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 purposes of the Ordinance.
At the hearing, evidence was presented that the configuration of the three
lots presently approved were configured in conformance with Section VII B
of the Zoning Ordinance relating to gasoline service stations. Under that
Section of the Ordinance, minimum lot widths of 120 feet were required. The
Petitioners demonstrated that the use of the property as it related to the
two buildings already constructed did not strictly fit the definitions of
the gasoline service stations, that the use of the buildings was oriented
towards the sale of certain automotive products and certain limited services,
and that there were no gasoline tanks or pumps to dispense gasoline.
Evidence was further introduced that a proposed third building would be
devoted to general B-2 purposes, which were a permitted use on that parcel
of property, and further that the lots in question were of such size as to
exceed area requirements in B-2 zones. It was further pointed out that to
permit four lots with 100 foot lot widths was in keeping with general re-
quirements in a B-2 zone, which requires that minimum lot width be 100 feet
per lot. It was further indicated that there was no intention on the part
of the Petitioners to utilize Parcel II as a gasoline service station. The
Board, after considering all the evidence, made the following findings of fact:
• 1. The present three lots are very irregular in shape and the proposed
plan would allow better use of the property;
2. Petitioners previously had to comply with zoning provisions relating to
service stations even though the buildings constructed were not auto-
motivc service stations in the strict sense of the word;
3. Concerns of neighbors and abutters regarding fences and shrubbery
would be met by the Petitioners;
4. The requirements of lot width under Section VII B of the Zoning
Ordinance created a hardship, since the land was not being used for
automotive gasoline service stations and that to hold general retail
uses, which were permitted in a B-2 zone, to a higher lot width re-
quirement than was normal under the B-2 zoning requirements created
hardships for the Petitioners.
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 and circumstances exist which especially affect
the land involved which are not generally affecting other lands,
buildings or structures in the same district;
2. Literal enforcement of the provisions of the Zoning Ordinance would
• involve substantial hardship, financial and otherwise, to 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 purposes of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously in favor of granting
the variances requested subject to the following conditions:
1. Parcel II, as shown on the plan submitted, shall not be used as a
gasoline service station.
2. Petitioners and/or assigns to repair and maintain the fencing in the
rear of the property abutting land as shown on the plans, as N/F
Bedard; Adams St. ; N/F Crean and N/F Ferrier. The fence shall be
stockade type along the Bedard property and chain link type along the
others. The obligation to repair and maintain as it pertains to the
abutting Crean and Ferrier property shall be subject to the Petitioners'
ability to obtain cooperation and assistance from those landowners.
The Petitioners shall only be obligated to use their reasonable best
efforts to obtain such cooperation;
3. All lot width dimensions to the new lots are to be per the plans
submitted.
•
r
• 4. Appropriate shrubbery and trees are to be placed along the rear of the
property at 7 Kimball St. and as reasonably possible along the rear
of the property as shown on the plans as N/F Bedard; Adams St.;
N/F Crean and N/F Ferrier. Shrubbery and trees shall be as in the
reasonable judgment of the Petitioners is adequate. The area between
the Petitioners' land and the land of Crean and Ferrier shall be
governed by the limitation set forth in condition 2 as to cooperation
from them;
5. Petitioners and/or assigns shall install and maintain a bituminous
curb at the end of Adams Street;
6. All conditions of the previous decision of this Board dated January 23,
1985 shall be made part of this decision;
7. Proper numbering for the lots shall be obtained from the Assessors
Office, City of Salem;
8. No storage of vehicles shall be allowed on any of the four lots shown
on the submitted plans.
VARIANCES GRANTED
xzl!5elze�111, xk��ZZ,,4-2
• ichard A. Bencal
Vice 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 THE ,VACS"
GENERAL LAPIS, CHAPTER 808. AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF :ILHIG
OF THIS DECISION IN THE GFFICE OF THE CITY CLERK.
PURSANT TO LASS. CEN'cRA! L.�.WS. CHAPTER 908, SECTIJN 11, THE VARIANCE OR SPS,— .;`:IIT
(RANiED HEREIN. SHALL NOT T.d(E EFFECT UNTIL A CCPY OF THEDECISI ;I. BF.A"Jl I
rICATIJN OF THE Ct','( CLERK )H,L 20 DA';S 1!0E ) .�%,) NJ APP-AL HAS 9_, .
OR IHAT, IF SVH AN APPSIL HAS BEE?I f:L E. C1Ai IT !IA' BEEN CIS-;ISSED CR V_.....
REC'..RJEJ LI TH'_ 3.L''H ESSEX RE J$TR'f OF i`E:EC3 A.?i0 INDEXED UNDER -i HE NA :E' Ei:
OF RECORD OR 1$ n;ORDED AND NOTED C;I THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
•