13-18 HERBERT STREET - BUILDING INSPECTION IL _
13-18 HF,RRERT STREET
i
s° Citg of Salem, fflassar4usdtj 15 3 c4 rr
� p 9 Paura o{ ' 1"e it FILE#
DECISION ONTH_E-PET-I-T-ION=OF_RAYMOND L. YOUNG FOR A VARIANCE
AT-YB`HERBERT ST. & 31 UNION ST. �(R-2)
A hearing on this petition was held on December 2, 1987 with the following Board
Members present: James Hacker, Chairman; Richard Bencal, Secretary; Messrs. ,
Luzinski, Strout and Fleming. 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, owner of said property, is requesting a variance to allow subject
property to be used for off street parking in this R-2 zone.
The variance which has 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 and 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 hearing the evidence presented at the hearing, makes
the following findings of fact:
1 . The use of the area as an off street parking lot helps to relieve
a congested area of some vehicles;
2. Support of the plan was voiced byneighbors, abutters and others;
3. The lots had been used as a parking lot by previous owners for
many years.
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 generally;
2. Literal relief of the provisions of the Ordinane would work a substantial
hardship on the petitioner;
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.
DECISI0P ON THE PETITION OF RAYMOND L. YOUNG FOR A
VARIANCE FOR 18 HERBERT & 31 UNION STS. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief
requested, subject to the following conditions:
1 . Eight (8) parking spaces be dedicated to the building known
as 87'-8A and 8 Herbert St. ;
2. The lot be landscaped appropriate to the neighborhood;
3. A maximum of twenty (20) legal parking spaces be maintained on
site as per the plans submitted.
GRANTED
Richard A. Bencal, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
AEPEA'_ FROG'. THIS DECISIJG. P ANY. SH\LL BE MADE PURSUANT TO SEU;07; 17 OF THE
GENERAL LA;i S. Ui PTU .S. A:;) SHALL BE FI:;'J W!TH!I: 20 DAYS AFTEP THE OF .
PF To IS C'::iJ jrSN IN iliE `i10E OF THE CITY C'_ERE.
P.'"::; T' i nSS OENF;'i.:. LfU9;, 74A°TER 82d. "S'TIpR 11. THE VAR:f'!:•^l Or: -
Ii:4.,.C.. iiL3=" . Sh GI. N= F:1,E EFGCT UNTIL A CSP° , THCI?EC.n
F.. iH' LIT) C','ri" :7Ai is Un".S HAVE EL,`:°"EO A4-i :iA"'F[:� H;`.. °i L'i F'''_:.
B!? SG,H d.i1 F.PPu.', H.`S BCCC FILE. IHA.; IT H.\S Cr E'; 1;1'.4;S" i.. .. f.i.
RE,....... C. THE Si:JiH ES3E% R1-IS5( OF JEiDi %d1O II:'u:Y".` iL..,_T. . 2 CF Tii:
OF RECORD OR IS RECORDED AND NOTED ON THE OWNERS CEHTIF;L;TZ JF TIiLE
BOARD OF AF PERI
EXHIBIT D . _ .. _.
6K5852 PG233
ii RO 4H G1T1i0LIC ARC}CdIS::OP OF BOSTO\, A CO:IPORATION SO'' of Lorton
Suffolk County, Comraonwealth of Massachusetts, for consideration paid, -rants
to Peter Copalas, Jr. of 15 Beckford Street, Salem, Essex County, Said
Commonwealth with QUITCLAIM COVENANTS.
Three certain parcels of land with the buildings thereon, if any,
situate in Salem, Essex County, Commonwealth of Massachusetts and severiy
bounded and described as follows:
PARCEL I.
Certain parcel of said land bounded and described as follows:
WESTERLY: on Union Street eighty-five (85) feet, more or less
SO:iTiu.RLY: by land formerly of William 12hite and the heirs of
Hannah Fitzgcrc:ld, later by this Grantor, ninety-one (91}
feet, more or less
Ij EASTERLY: by Herbert Street eighty-six (86) feet nine (9) inches,
ii more or less
i; SO'dT11ERLY: by land formerly of T. O'Hara and Eliza C. Gardner, later '
owned by this Grantor
I
Be any or all of said measurements, more or less.
Meaning and intending to convey and hereby conveying the property
conveyed to this Grantor by deed of the Naumkcag Steam Cotton Co. to
Grantor by deed dated August 18, 1902 recorded in the Essex South District
v Registry of Deeds in Book 1683, Page 42.
r+r
PARCEL II.
A certain
parcel of land with the buildings thereon, if any, bounded
and described as follows:
Beginning-at a
point on Lerbcrt Street at the RORTiidEST'iRLY corner of
'! said lot where it adjoins lnnd'-formerly occupied by the Bethel, so-called,
• q- � heir,,; other land of this Crantor, hereinafter doacribed; thence runnin, in an
EAS.ZRLY direction by said land formerly occupied by said Bethel, now of
i
j this Grantor ninety-four (94) feet eight (8) inches, more or less to land,
now or formerly of Hodges; thence running SOUTIteRLY by land, now or formerly
of said Hodges, ninety-four (94) feet, more or less to land formerly of the
I
heirs of Chipman Ward; thence running by said lar„l formerly of said Wards'
I
heirs b'L'STERLY one hundred one (101) feet t:iroc (3) i.^.chcs, more or less to
said 'Herbert Street; thence running NORTIERLY by ,said 'iorbcrt Street ninety-onc
(91) feet nine (9) inches, more or less to the point begun at.
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�t ..... ^. �, �+Rp6.,�".iwy1•a..�.., wpm..—....... ...._.....�....�.
234
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PARCEL III, •3J'
A certain parcel of land
inmediotely °butting parcel 11-in said !
II Salem above described bo 1
unded and dcacribed as follown:
II WZSTP,RLY:
1 ORT1u;RLy; by s• id Herbert Street fifty-five (55) feet six (6) inches 1
by lead, now or formerly of Coodhuc, nincc• -three 93
feet six (6) inches, more or less y ( )
'I EASTERLY: �� linchcaOw or foracrly of 110dres fifty-five (55) fact six
!I SOUf1IIRLY: by) inches
al z wre or lcsq ❑ d I
�I or less. I above deserlbcd ninety-fivo (95) feet, nor2
I�
De any or all of said measurements, more or less, to Parcels 11 and IZI�
Meaning and intending to convey and hereby conveying the property I
conveyed to this Crantor by deed of thc' City of S11cm dated July 7, 1925
I;
�i
recorded in the Essex South District Rcgintry of Deeds in Book 2642, Page 537. !
i
I
Parcels II and III above are conveyed subject to the restrictions set
i;
forth in said deed from the City of Salom to
this Grantor that the property
shall never be used for the purposes of a club room.
i 11
Consideration for this decd is $12,500.00.
I 1
I
IS WITNESS 11'1WREOF, Roman Catholic Archbishop of Doeton, a Corporation !
Sole, has caused its corporate seal to be hereto affixed, and these presents to
It be signed, acknowledged and delivered in its name and behalf by Humberto S.
i
Modeiros, present Roman Catholic Archbishop of Boston, hereunto duly authorize-"
this 5th day of JanunrS' A.D., 1972 .
�j
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RO?;I1F CATHOLIC ARCIIBISIIOP 0 BOSTGS,
A CO:;?O:L1'iIOS SOLE
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BY
I
1:u: ucrto �. ;;.deiros �
CO?^;OSI?;,tLT1[ OF 1
SLT"Ol-K,
Thon personally annec,red the above na:aod ;'t: 9oerto
aethor,.Ze:.1, ..,: ae;(:1otJlCdra Ci10 e1S. Y,odciros, dui"
foreg in:ltrllment to be
see of 12o:aan Catholic ,lrchbisho of t the free ac ^d
P Doson, a Co-;.,:.:tion Solo.
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ANKELES, HARMON F6 BONFANTI
COUNSELLORS AT LAW
27 L. Jl SUeel
PEABODY, MASS. 01960
HARRY ANKELES AREA CODE 617
MARSHALL E. HARMON 531-7000
DAVID L.ANKELES
LEONARD A. BONFANTI May 7, 1986
OF COUNSEL
PETER J.ARVANITES GERARD R. KIN EEN
PHILIP T. DURKIN
ATHAN A.VONTZALIDES
William H. Munroe
Director of Public Property
City of Salem
One Salem Green
Salem, MA 01970
RE: 13-18 Herbert Street, Salem, MA
Paul J. Carr, Trustee
Dear Mr. Munroe :
With reference to your letter of September 4 , 1985, in answer
to Mr. Carr ' s request for a building permit, please be advised as
follows:
1. This office has reviewed an abstract of title prepared
by Stefanie Serafini and have determined that said parcel
was not held in common ownership with adjoining land at
the time of recording and conformed to the then existing
requirements of the City of Salem; and
2. We are of the opinion that the parcel comes within the
exemptions for existing lots for single and two family
dwellings stated in General Laws Chapter 40A, Section 6 .
A copy of your letter of September 4 , 1985 is enclosed
together with a copy of the deed to Paul J. Carr, Trustee. The
land which you have referred to above as 13-18 Herbert Street is
made up of four (4) parcels and the subject matter of this letter
is described as Parcel II and Parcel III in said deed.
If you have any further questions, I shall be available at
your call. Thank you for your cooperation in this matter.
Very truly yours,
ANKELES, HARMON & BONFANTI
By
Har ; nke es
HA/mp
Enclosures
Ctu of ttl2m, tttl�us2#�
h? �r
's �_ ufiluruPxf� �Ppttrtment
ngPp
LtiI�T iLTfS:tPuf
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William H. Munroe
One Salem Green
745-0213
September 4, 1985
Mr. Paul Carr
8 Cedar Park Road
Sharon, MA 02067
RE: 13-18 Herbert St.
Dear Mr. Carr:
You have requested an opinion from this office with regards to
whether a building permit can be obtained to erect a two (2) family
.dwelling at property located at 13-18 Herbert Street. Please be advised
of the following:
1 . The property is located in a two (2) family residential zone;
2. Current City of Salem Zoning requires fifteen thousand(15,000)
square feet of land area and one hundred ( 100) feet of frontage
on an accepted street or way. "
The lot in question has sufficient frontage on Herbert Street but
lacks sufficient land area. (Approximately 14,090) Massachusetts
.General Law, Chapter 40A, Section six (6) , and the City of Salem Zoning
.Ordinance provide an exemption for lots for one and two family homes with
certain requirements., mainly that the. lot was not held in common ownership
with adjoining land at the time of recording or endorsement and conformed
to the then. existing requirements.
Prior to the issuance of a building permit this department would
require that'documentation of the above exemption be obtained from the
Registry of Deeds', and information provided to establish that the property
is exempt from current zoning requirements.
Sincerely,
01
William H. Munroe
Director of Public Property
WHM:bms
-, i MA88ACM U8 aTTa QUITCLAIM DEED SHORT FORM (INDIVIDUAL) 881
eooh'i,��bG PAGE 2s3 _
Douglas S. ,Brown
and Mark A, Ginsber , Trustees of J & S Realty Trust of Salem under declaration
of trust dated September 9 1980, recorded in EssexSouth 'District Registry of
Deeds, Book 67411Page 333
Of Marblehead, Essex County,Massachusetts
lwxg*wwxde>dj r.,00nsideration Paid,'and in full consideration of $275,000.00
grant to Paul `J: Carr", "frustee' 'of-Emcee Realty Investment Trust under Declaration
of Trust of even date to be recorded herewith
of 37 Union Street, Salem, MA with guarlutm rournuals
the land is
WatdpdaD god aacumbaMcm!f;and
SEE SCHEDULE A ATTACHED HERETO AND MADE A PART HEREOF
N {
v Subject to real estate taxes for FY 1986 Which the grantee agrees to pay.
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QMMQNWFALTH C F 'M+SSACt1USE775
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♦+ "�` tY��` Tkj .%rv�Yy# i ]av}%,.t
L x{ t J jell' �'X V Z 1 O O S
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hares . ......... hand and peal this ............e2. ...... of e. /tet
. y 1 ..4 ::...... 19.F-;.5
ark A Ginsberg, Trustee of J &..S
.......... Rea.ltY. TxIJSt..9.f..Sal.em
. ................................
...................................................
� ..s: ..0�. � . .
ou las S. Brown, rustee of J & S
mor (9VM Dumrttlt4 aalty Trust of Salem
Essex, as.
iIs
October 21 , 19 95
TbeOPer'SOu&U9appeared the above named Marc ^,. Ginsberg; Trustee or J & S
Realty Trust of Salem
and acttnowledged the foregoing instrument to be
his , ,1 free act/aPd decd, fore me
Notaq Public J dna of the Pace
- .. M7 COMMIlatOn e:pir" .z / ...
...... 199/
State of California
County of � �}Q
Date: . 1985
Then personally appeared .the above named Douglas S. Brown, Trustee of
J & S Realty Trust of"Salem, :and acknowledgedthe foregoing instrument to be
hi• free,.qgk.and deed, �before
H DOROTHY M•HAESLOOP*a
? NOTARY o //1
SCHEDULE A
PACE 284
The land in four certain parcels of land with the buildings thereon, it any,
situate in Salem, Essex County, Commonwealth 'Of Massachusetts, and severally
bounded and desuribed as follows,
?ARM.11
COr't+tn paroal Of land bounded and described-aa follows;'
lMF-gEHLYr on Unlet Street, eighty-flve (85) feet, more or less
i by land formerly of William White and the heirs of Hannah
EASTFALYr Fitzgerald, ninety-one (91) feet, more or less
by Herbert
t Street, eighty-six (86) feet, nine (9) inches,
SOIfIHERL'Y: more orby, land formerly of T. O'Hara and Elise C. Gardner
Be any or all of said measurements, more or lass.
PARCEL I: • 1
+ A certain parcel of land with' �
.th
described as followed; e buildingsthereon; if any, bounded and
II t
' Beginning at a point on Herbert Street at the NORTHWESTERLY corner of said lot
Where it adjoins land formerly occupied by the Bethel; so called, being other
land formerly of Roman Catholic Archbishop of Boston, hereinafter described;
thence running in an EASTERLY direction by said land formerly of Hodges; thence
running SOUTHERLYby land
less
more or less , now or formerly of said Hodges ninety-four (94) feet,
to land formerly of the heirs or Chipman Ward; thence running by
said land formerly of said Wards' heirs WESTERLY, one ,
( three (3) inches, said Herbert Street, ninety-one (91)hundred (1U0) feet
feet, nine (9) inches,
j more or less to the point begun at.
i
Be any or all of said measurement,
more or less.
PARCEL ITI:
A certain parcel of land inmediately abutting
-! describedt bounded and described as followParcel II in said Salem, above
WESTERLY:
NORTHEALy; by said Herbert Strebt, fifty-five (55) feet, six (6) inches
by land now or formerly of Goodhue, ninety-three (93)
EASTERLY: feet, six (6) inches, more or less
. By land now or formerly of Hodges, fifty-flue (55) feet,
SOUTHERLY; six (6) inches, more or less, and
by Parcel II, above described, ninety-five (95) feet
more or less.
Be ark or ail of said eruyucnme,rty, unre or less, in Parcels II and iII,
PARCEL M
I' The land in Salm, with the buildings thereon, bounded and described as follows:
Beginning at a point on Union Street at lend now or formerly of Roach and run-
ring NORIWLY by Union Street about thirty-five (35) feet to land now or formerly
of Naumkeag Steam Cotton Company; thence running EASTERLY by said Company land,
i forty-eight (48) feet to land now or formerly of Gardner; thence running SOU1}olLy
by said Gardner land, thirty-five (35),reet,to said Roach land, thence running
WESTERLY by said Boach land about forty-eight (48) feet to the point of begL.In ng.
Be any or all of said measurements, mord or less..
For title see deed of June H. Brown and Shirley Ginsberg dated
September 18, 1980, recorded with Essex South District Registry of
Deeds, Book 6741 , Page 347,
a
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William H. Munroe
One Salem Green
745-0213
September 4, 1985
Mr. Paul Carr
8 Cedar Park Road
Sharon, MA 02067
RE: 13-18 Herbert St.
Dear Mr. Carr:
You have requested an opinion from this office with regards to
whether a building permit can be obtained to erect a two (2) family-
dwelling at property located at 13-18 Herbert Street. Please be advised
of the following:
1 . The property is located in a two (2) family residential zone;
2. Current City of Salem Zoning requires fifteen thousand(15,000)
square feet of land area and one hundred (100) feet of frontage
on an accepted street or way.
The lot in question has sufficient frontage on Herbert Street but
lacks sufficient land area. (Approximately 14,090) Massachusetts
General Law, Chapter 40A, Section six (6) , and the City of Salem Zoning
Ordinance provide an exemption for lots for one and two family homes with
certain requirements, mainly that the lot was not held in common ownership
with adjoining land at the time of recording or endorsement and conformed
to the then existing requirements.
Prior to the issuance of a building permit this department would
require that documentation of the above exemption be obtained from the
Registry of Deeds, and information provided to establish that the property
is exempt from current zoning requirements.
Sincerely,
William H. Munroe
Director of Public Property
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COMMONWEALTH OF MASSACHUSETTS {
!i Jub J Fl Poo SUPERIOR COURT
IjESSEX, SS
jj 1� CIVIL ACTION
CITY RECE� IDP6�Su No. 14920
S LEE
I JOSEPH WIONCEK - !
23 Herbert Street
Ij Salem, Massachusetts _ _ -
i!
1: and
'I MARY WIONCEK
23 Herbert Street +I
Salem, Massachusetts
; and
i.
ii
�ITHOMAS SMITH
21 Herbert Street
Salem, Massachusetts -
and
'I JOSEPH DUMERACKI JUDGMENT.
_ 11 Herbert Street
Salem, Massachusetts
�U ` ii and
!
j!JOHN J. ZDANCEWICZ
9 Herbert Street
Salem, Massachusetts
and
j'ANN ZDANCEWICZ
I:
9 Herbert Street
�j
Salem, Massachusetts
and
jiGERALD WILKENS
;j 9 Herbert Street
Salem, Massachusetts
it
,I
and
MARGARET WILKENS
9 Herbert Street
Salem, Massachusetts
I I
ij and
;STEFANO PICCIOTTO
if 6 Herbert Street
Salem, Massachusetts
j '
itI
I I
• I' I
I�
and
!;JUDITH PICCIOTTO
6 Herbert Street
Salem, Massachusetts
ji
and
(,;ADAM C. RACZKOWSKI - I
�! 7 Herbert Street
Salem, Massachusetts
and -
I
�IDOROTHY RACZKOWSKI -
7 Herbert Street
Salem, Massachusetts
and
STANLEY F. KOZA
10 Herbert Street
Salem, Massachusetts
and -
!JANE K. KOZA !
I�
10 Herbert Street
Salem, Massachusetts
� I
I
and
I
IIJOSEPHINE ZIELINSKI
10 Herbert Street
il
Salem, Massachusetts -
and
IzJANE BOLTRUP.IEWICZ
16 Herbert Street -
Salem, Massachusetts
j
and
f ALICE BOLTRUKIEWICZ -
11 16 Herbert Street -
Salem, Massachusetts -
i i
and
i
'. CHESTER J. KOHN
d/b/a BUNGHOLE PACKAGE STORE j
204 Derby Street
Salem, Massachusetts
I,.
Plaintiffs
I,
vs
JAMES BOULGER
� I
12 Munroe Road i
Salem, Massachusetts
,
and
ARTHUR LaBRECQUE -
11 Hazel Street
i; Salem, Massachusetts
j' and
DOUGLAS HOPPER
j' 51 Dearborn Street -
1' Salem, Massachusetts
and
'. JOHN NUTTING
68 Moffatt Road
'i Salem, Massachusetts -
and
�I
i; JOSEPH PIEMONTE -
�� 22 Crowdis street
Salem, Massachusetts
-iI and
I
EDWARD LUZINSKI
25 Hardy Street
11 Salem, Massachusetts
�j As they are the members and associate
ji members of the Board of Appeals of the
i� City of Salem, Massachusetts -
;, and
il ROBERT C. WILBUR and
GERALD N. FANDETTE and
DOUGLAS E. BELL
d/b/a SALEM TOWN HOUSES
58C Hammond Street
Cambridge, Massachusetts � .
F
and
j' PETER COPELAS, JR.
15 Beckford Street
Salem, Massachusetts
it
�I
I
and
!I I
;BARBARA H. COPELAS - I
j. 15 Beckford street
ii Salem, Massachusetts
Defendants
This action came on for hearing before the Court,
!lJ. presiding, on Plaintiffs' motion for Summary Judgment and the pleadings
�ihave been examined and the issues having been duly considered,
It is Ordered and Adjudged,
1. That the decision of the Board of Appeals of Salem I
filed with the City Clerk of Salem on June 20, 1979, j
I' 4
purporting to grant to Robert C. Wilbur, Gerald N.
l Fandette and Douglas E. Bell, d/b/a Salem Town Houses
and Peter Copelas, Jr. and Barbara Copelas several I
variances from the provisions of the Zoning Ordinance i
of Salem as applied to the premises numbered 31-37
I' Union Street and 13, 15 and 18 Herbert Street, in
said City of Salem, was in excess of the authority of
;i
said Board, and is annulled because no notice of said
hearing was given to abbutters and others in
accordance with Massachusetts General Laws, Chapter
40A, Section 11.
2. The Clerk-Magistrate of the Court is ordered to mail
ii within thirty days hereof a copy of this Judgment to said
�j Board of Appeals, City Clerk, and Building Inspector of
lthe City of Salem, Respectively.
I'
By the Court,
IIDated � �
J.
i
iti I
I
i' t
RE^ IwcD
F
du NU c C . F�'� � CITY � E::n' urflCE
IIfIIl} of PZtI SALEM.HASS.
SALEK.MASS. MAY 17, ' MAY 23, 1979
DECISION ON PETITION SUBMITTED BY ROBERT C. WILBUR, GERALD FANDETTI AND DOUGLAS
BELL d/b/a SALEM TOWN HOUSES. (R-2 DISTRICT)- 31-37 UNION ST. & 13-15-18 HERBERT ST.
A hearing on this petition was held May 17, 1979 and reconsidered on May 23, 1979
with the following members present: James Boulger, Chairman; Arthur LaBrecque;
John Nutting; Joseph Piemonte; Douglas Hopper. Notices were sent post-paid to
abutters and others and duly published in the Salem Evening News on May 3, and May 10,
1979 in accordance with Mass. General Laws.
Atty. Donald Koleman represented the Petitioners before the Board and stated that
this was the 3rd attempt to incorporate proposals to satisfy the neighborhood
and submitted 3 site plans with various proposals with density reduced 337., for two
parcels of land on which they seek a variance to erect three 5 room duplex units,
to be sold and owned .by individual homeowners on 31-37 Union Street and 13-15-18
Herbert Street (2 units on Herbert St, and 1 unit on Union Street) . Atty. Koleman
stated that the petitioners have been responsive to the neighborhood, and that
there is a definite hardship that goes with the land, also that these are not cheap
houses, and the surrounding property will be increased in value, and that the
buildings are in good scale for the neighborhood.
_The Board voted to grant the Variances required and to accept Site Plan No. 2 and
reduce the parking spaces to one space for each living unit. The Board found that
to deny the variance requested would cause substantial hardship to the Petitioner.
The Board determined that the granting of the Variance would in no way be detrimental
to the surrounding neighborhood, and would in no way derogate from the intent of
the Salem Zoning By-Law. The Board found that desirable relief may be granted without
substantial detriment to the public good.
VARIANCE GRANTED
saJ (&J1AdZPIw ftA,.
APPEAL FRO;:I THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS. Jz&bs H. Boulger, Jr. R
GENERAL LA1'1S. CHAPTER, 808, AND SHALL BE FILED V:ITHM 20 DAYS AFTER THE DATE OF FILING - Chairman -OF THIS UEC!S!Dr L'7 THZ OFFICE OF THE CIIY CLER - - .
PURSS'J ,_ MASS c ,.,.. L%.N'S. C` �'iCn ° CTC."I 11, THE VA2!A"ICE 02 SPECIAL PER.`ii1f .. ..
GRANTED I Eii - SHALL 6.. 'r '.T L A C'. , Ali..x.01 i' C�+£':' i11E CERr-
fl.CiSIOi! L. TFf ! :R'., ti - :;; I .-.r'� t.;� NO A. P-..L HAS 8� �'1 FILED,
Cli T-1W. .� 5'UCH`.N APFE41 PAS 3-E; ', "if;A.i if H'.a gr.. .CIS;'!S:ED C, DEI O IS -
. . REF:Ui? p� 1;1 THE J JuI ESSE4 R ' IS-n CF 1�H S V:_1 ': .�_;._U.L"r, L2 TH-CR,
OF THE OWNER
OF-BcC::RO OR IS RECOROEO AND.NOSED ON Tii:i 0'.7a P.'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
JANUARY 21, 1981
DECISION ON THE PETITION OF J & H REALTY TRUST REQUESTING A VARIANCE FOR 13-15
HERBERT STREET
A hearing on this Petition was held on January 21, 1981 with the following
Board Members present: Douglas Hopper, Chairman; Messrs. Feeherry and Hacker
and Associate Member Luzinski. Notices of the hearing were sent to abutters
and others and a notice of the hearing was published in the Salem Evening News
on January 7, 1981 and January 14, 1981 in accordance with Massachusetts General
Laws Chapter 40A.
The Petitioner has requested .a variance for the property at 13-15 Herbert
Street to use the property as a parking lot. A variance is required because
.the property is in an R-2 district where the proposed use is prohibited without a
variance.
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 is particularly well suited for use as a residential parking
lot, and the neighborhood in question is in need of a residential parking
lot.
(2) The Salem Zoning Ordinance does not permit parking lots in R-2 districts.
A variance is thus necessary for this use.
(3) The proposed variance was strongly supported by the neighborhood.
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 size and configuration of the lot in question make it virtually
impossible to use the property for a permitted use in an R-2 district.
(2) The conditions described above especially affect the land in question but
do not generally affect the zoning district in which the building 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
variance is granted a much needed parking lot will not be available to this neighbor-
hood.
(4) The desired variance may be granted without substantial detriment to the
public good.
Therefore, the Board of Zoning Appeals unanimously voted in favor of granting
the requested relief. The Board grants a variance to the petitioner on the follow-
ing terms and conditions:
(�jtU of �Uiem ' cj55ach ngetj!�,
DECISION - J & H REALTY - PAGE TWO
(1) A maximum of 43 parking spaces will be allowed at the site.
(2) A buffer zone of 4 feet shall be maintained around the property for
landscaping.
(3) A four foot fence will be erected and maintained around the. property.
(4) The City Engineer shall approve the plan for entry to and exit from
the property as well as drainage.
(5) Only monthly parking will be allowed at the site. There will be no
daily or hourly parking at the site at any time.
(6) A walk-through gate may be constructed to provide access to Hodges
Court,
(7) Dense plantings, shrubs, etc, at a height of 4 feet will be placed and
maintained in the buffer zone around the premises.
t , _
Anthony M. Eeeherry, Secretary,/
Nun
-
,.
90/ARD, OF APPM
A COPY OF THIS DECISION, AND PLANS REFERRED TO HAS BEEN FILED WITH THE PLANNING BOARD
AND CITY CLERK.
OCT
"s]j EE
1<r� t� ✓/ Ci s 3?1 rlrtij a,1 ;;
744-6900
SEPTL-DiBhR 12, 1978
DECISION ON PETITTON SUBI.7ITLED BY S..W.' l 'MIN TIODSES (Robert C. Wilbur,
Gerald N. P'andett:i and Douglas E. Bell) CONCER\'.1NG PROPLMY LOCPap—D K
31-37 UNION STREET f; 13,15,18 I FiRBTRT S'T'REET (owner,Petcr Copelau) LO(WFED
IN AN R-2 DISTRICT
A hearing on this pr%cition was held on SepLeifbe:r 12, 1978. Notices Caere; mailed
postpa .d to the Pet ct uoi;els, abutters and other: and the notice of hearing was drily
advc,rLi5cd in the Salem Evening News on August 25, and September 1, 1978 in ace+o.fdance
with. ],':ass. Gen. Lmmrs, Chapter 808.
the fol-lowing member,, of the. Board wore present for the hearing: Jane T. Lurulreoan,
1bnll�t Eant� ,, Arthur Labrc.cque and James Boulger.
Atty. Donald Koleman, 328 Essex Street, Salem, represented the Petitioners before
the Board.
'Pne Petitioners presented a proposal :[or the construction of nile tolanhousc units,
lsemi det.aClwdi to be o}Jned as single family houses, on the location in quest-ion:
Said ur,l.ts would not comply with the density requirements of the Salem Zo)ting Ordinance. _
The Petitconers stated that the building would not conform with respect to both
density requirements and side line req;.lircmcnts. The roar lot satisfies the clepth and
the l'0titu>ners allowed for 11,. parking spaces per unit. The Petitioners stated that: it
is a hardship to the owner to develop the property since the buildings that were there,
when demolished, part of the foundation was left below grade along with other materials.
The lots arc. undersized. and are not buildable lots under the present zoning ordinance.
Several abutters appeared in opposition to the proposal. Their basic concerns are that.
there Etre problems In the area now in regard to par],Jng, snow relK)val, sewage alld con-
gestion. They felt that the acId:iti.on of ninetownbouse tmits on undors:i.zed lots would
-Further acid to the pioble)ts. Under the present zoning ordinance the lots are undersized
and with the present square :footage would allow for the building,wi.th a vari-ante, for one
family homes.
'1710 Peti-tioner argued that it is not economically feasible to build a one fairdly home
on the lots.
'The Board voted to deny the variance requested. The Board noted .that the lots are
undersized and a variance would be neoded even for a t:lae family dwellino. The Board
11
found, 1.1w,ct tl)cro is extremely high density in the area and has problems at the present
time w:ri.h traffic, congestion and f:i.rc hazards. The streets are extremely narrow which
OCT `i 9 01 11''9 '1
f
SALE:AI ''OWN MUSES - 31-37 Union St. F, 13,7.5, F, 18 Herbert StPage 2
makes the providing of scrviccs very difficult.
'Phe Board felt that :it coulcJ not grant the pt`_!-,101-1 requested 11i.thout detriment
to the surzbtmclisiv neighbor'nood. 1'he neighborhood is presently very dense and to aid
nine more 1-mits to la already congested area would be in conflict with The Salcm Zoning
Ord:i_nance. 'Phe Board found that the Peti_ti.ouer did not prove a- substantial. hardship
which would support the find.:in? :[ora variance. The Board felt that the lot could be
C as one -Family homes end that would be more in keeTri_ng with the ne-ighborhood.
By roll ca .',.l it was unanimously voted to deny the variance requested:.
VARIANCE DENTED
APPEAL, FROM '1111S DECISION, IP ANY, SHALL Bl 111\D . PURSUANT. '10 S)Y:TION 17 OF '1HE MYrSS. GEN.
JAWS, CHN'TER 808, AND SHALL BE FILED 1111111IN 20 1).-,YS AFPL11 1H]" DATE OF PILING OF '11I1S
DECISION IN 111E. 01-P10E OF `1111: CITY CIAM,
41
.Tans
�, Secretary