378 HIGHLAND AVENUE - BUILDING INSPECTION 378 .HIGHLAND AVE.
1
r
universal®
(situ of Avttlem, Massar4usetts
l ''o Public Propertq Bepartment
iguilbing Bepartment
(One 6siem Aran
508-745-9595 Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
October 8 , 1997
To Whom it May Concern:
RE : 378 Highland Avenue
Animal Rescue League
Per the request of the Neighborhood Committee Task
Force, I conducted an inspection at the above mentioned
location and found that the owners are housing twelve ( 12 )
dogs .
This property obtained Variances in 1956 after filing
in 1954 for Variance to install a new kennel . The
variances were appealed and went thru court procedures for
a period of two years , and the variances were finally
upheld by the Commonwealth of Massachusetts Superior
Court . For some unknown reason the owners did not act
upon the variances in the required one year period and
refiled in 1962 to acquire a variance to enable to build a
building one story high to be used as an office , garage ,
and for housing of small animals , in connection with the
work of the Animal Rescue League .
On November 6 , 1962 the City of Salem Board of Appeals
granted such variance by unanimous vote of all five
members voting.
Mr . Johnson from the offices of Ropes and Gray,
appeared for the Animal Rescue League, and outlined the
plan of the proposed project . I retrieved the plans from
the Building Department Archives to determine the amount
of kennels that were allowed per variance granted. On the
drawings are 16 kennels on the inside with 16 runways on
the outside .
I have determined that the owners are housing four
(4 ) dogs less than allowed per the City of Salem Zoning
Variance .
C�
If this office can be of any further assistance in
this of any other matter, please do not hesitate to call .
Sincerely,
C�" �
Leo E . Tremblay
Zoning Enforceme fficer
LET: scm
cc; Jane Guy
Captain Blake
Health Department
Councillor O ' Leary, Ward 4
CITY OF SALEM
NEIGHBORHOOD IMPROVEMENT TASK FORCE Jurisdiction
Hist. Comm. Yes ❑ No C
REFERRAL FORM Cons. Comm. Yes ❑ No
SRA Yes o No
Date: 9��/q 7 J
Address: 1,?1L2�1 laze 4/,Q zg r / j_N i- -—e-
Complaint:
PComplaint: 16c1C
v
Complainant: 1- 4,e /tee c f' Phone#:
Address of Complainant:
/ BUILDING INSPECTOR
V vGiran tC vlc2 rt poc t7nin.+/./
G //aovC
FIRE PREVENTION ELECTRICAL DEPARTMENT
HEALTH DEPARTMENT CITY SOLICITOR
CO// J'f ori , l.d'QI P�o`/,.G +'✓'/Y
Y da ® h
ANIMAL CONTROL SALEM HOUSING AUTHORITY
'ISI A INNING DEPARTMENT OLICE DEPARTMENT
Cc c/oL 7v J cA�/t." a
TREASURER/COLLECTOR ASSESSOR
��WARD COUNCILLOR DPW
V L—FLa�C'i
SHADE TREE DAN GEARY
PLEASE CHECK THE ABOVE REFERENCED COMPLAINT AND RESPOND TO DAVE SI
WITHIN ONE WEEK. THANK YOU FOR YOUR ASSISTANCE.
ACTION:
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. Superior Court
Equity No. 10307
ANTHONY GANGI, at als.
Appellants
vs.
WILLIAM ABBOTT , at als.
As they are members of the Board of Appeal
of the City of Salem
Respondents
FINAL DECREE AFTER RESCRIPT
This cause came on to be further heard at this sitting
after rescript from the Supreme Judicial Court, and was argued
by counsel; and thereupon, upon consideration thereof, it is
ORDERED, ADJUDGED and DECREED that the decision granting the
intervenor Animal Rescue League of Boston a permit in response
to its Petition was within the jurisdiction of the Board of
Appeals of the City of Salem, and that the Clerk of the Court
within thirty days after the entry of this decree send an
attested copy thereof to the Board of Appeals and to the in-
spector of buildings of the City of Salem.
By the Court,
J
The foregoing isftrue copy.
Attest:
Asst. Clerk
A.tON111TA
Titg of �$Zzlcm, �Kazsarljuutts
WILLIAM F. ABBOTT
JAMES H. BOULDER
JOHN M. GRAY
J. ARTHUR MARCHAND
WILLIAM A. TRACY
�alettt, June. ?l ate 19�.
DECISION RE: Animal Rescue League of Boston
Highland Avenue and Savona Street
This matter came before the Board of Appeal upon a petition by
the Animal Rescue League of Boston through its attorneys, appealing
from a decision of the Building Inspector in which he refused to
grant a permit to use the above premises for the sheltering of animals.
A hearing was ordered for June 14th, 1954 at seven thirty P.M. and
notice thereof was given by advertisement' in the Salem Evening News and
by mail postage prepaid to the petitioner, abuttors, the Building In-
spector and the Planning Board. The hearing was duly held at the time
and place designated in said notices.
Richard B. Johnston, Esq. of the law firm of Ropes, Gray, Best,
Coolidge and Rugg appeared in behalf of the petitioner and stated that
the League has been desirous of locating an animal shelter in this
vicinity and found the property in question most appropriate for its
needs. He stated that his client was a private non-profit charity per-
forming public functions in which the community had a vital interest.
If the petition were allowed, the League plans to finish construction
on a partially completed residence now on the property for occupancy
by a resident caretaker. In the rear portion of the land, it is pro-
posed to construct a shelter for animals consisting of a building with
office space and ten kennels inside plus five runways on each exterior
side of the structure as shown on plans on file at the office of the
Building Inspector. ' Mr. Johnston further stated that no dogs or other
animals would be boarded on the premises but will be brought there and
cared for until placed in homes. He stated that in other locations,
maintained by the League, the animals have not proven to be obnoxious or
offensive to abuttors or neighbors.
Recorded in favor of the petition were Mrs. Richard Seamans, Mrr.
Roscoe Gould, Carlton Butterick, John Grew, Jonathan G. Butler and John
F. Coughlin,
John R. Serafini, Esq. appeared in opposition to the petition and
stated that he represented Antonio Gangi, Anthony Pierro, Emanual Amanti,
Charles Puleo and Stephen Ingemi, all of whom are abuttors or neighbors.
Mr. Serafini stated that the nature of the proposed use concerned his
clients who opposed a variance for the proposed purpose because of the
barking of dogs and other objectionable features.
of �$alcnt, 'Mass djautt9
.4 Meal
curb IIT
S l
RECpM•Q
WILLIAM F. ABBOTT
JAMES H. BOULGER
JOHN M. GRAY
J. ARTHUR MARCHAND
WILLIAM A. TRACY
�ttlan, June 21st,
Decision Re : Animal Rescue League of Boston 2
After due consideration, the Board found that the proposed use of
these premises by this charitable organization was public or quasi pub-
lic in character and as such carne within the exception to the operation
of the Zoning Ordinance set forth in Section No.3 of said ordinance.
The Board further found that the general nature of the terrain contain-
ing as it does quantities of ledge is not conducive to the construction
of the type of property required in a General Residence District and
that various types of businesses have gradudly been established in the
vicinity. It was indicated that at least two of the opponents to the
petition operate commercial enterprises in the immediate vicinity.
Many of the streets including Savona Street exist only on lay-out maps.
The records of the Assessors office reveal but two abuttors to this
property.
Because of the foregoing and because the proposed shelter is to
be located approximately two hundred and sixty feet from Highland Avenue
and not within one hundredCand thirty feet of any structure on any
abutting property, it was voted unanimously to order the Building In-
spector to issue the permit as requested. It is to be noted, however,
that the Board's action in this matter is restricted to permission to
construct a shelter approximately thirty feet long and eighteen feet
wide plus enclosed runs of approximately ten feet in length in accord-
ance with the plans on file in the office of the Building Inspector.
Any extension or future enlargement of the proposed structure is not
within the contemplation of this decision.
BOARD OF APPEAL
By
Secretary
a
M
i
0
F
a
� I
N
•& W
O
I
/// Q I
D
P
w
Q,
0J o
moo
/ N/F N/F W Z J c
PTrust Puleo Realty Trust O a2
Tax
Tax Mapap 3 3 Lot 57 Tax Map 3 Lot 58 N/F 06'd
Animal Rescue League U Z o
SUBSURFACE DETENTION of Boston LL1 V z
Tax 7 Lot 40 3 0
G BASIN (39 CULTEC 330 UNITS) SMH SMH N
SMH I 13=176.65 R=180.7212
11( )U ~ I(OUT)17 68 65 I(OUT)0.82 10N)=174.16
173.61 RESIDENTIAL ZONING BOUNDARY iRF�g
I(OUT)=156.48 SIGN (R1-1) r � , ���'h
\ S 6"S 8"S S BUSINESS 2 (B-2) m IL1 9 0
g^S 8"S Q G G G o lll»rrLLLL�YYL N gv �
o , - - -
r = = 9 -= = = = - CB VGC
VGG S .4 VO STREET _ Ld
Q
R=167.87 _ a �=J=
�i 1=163.72 N • aha
- -- ---- - ---I PS �o � > MULCHED AREA
\ r - - - - - - ---- -1 R=167.96 (TYP.) /
\ - - - - - - -- - = = - � IIN)=163.55 SIGN Rt-1 LEDGE Z W
r O O KOUT)=163.20 VGC ( ) VGC " /
\ i . ...
7-. - ID WALK:•':':::•'•'•':'::•'•'•'::• •'•':'::• •'•':: •'•':': :.:.:. • •:r.:. •.:r. . .:r.:.. ::' '•'.. . LLI
= > .
3 ::: 'W. ...... . . . .. • • . . . •. - . •.. :.s„• • • HYDRANT S36 52 42 E 205 02
V
� � � :••. .. SIGN (R3-2
or d d d STONE WALL STOP zn SGC /
Q Vow' �d O 2" DIA. TREE > ASSESSORS > / W c`�o W
G ` 4 O
PLANTING (TYP.) r � MAP 3 LDT162I-
wV �d LPA 1 �r. Q 0
37 444± S.F.(CALC.)
CRUSHED � t4
GENERATOR PAD & /
1:1 PLACED STONE s \ z ¢ 5 ,
BOLLARDS STONE SIGN (R8-3) Q Q C U
SLOPE -Q / ELECTRIC o (T�') ON GATE ff 2' DIA. G (TY
o� \ /+a w HANDHOLES A/C UNITS DONCSPAD& / PLANTING (TYP.) Q
/ n SIGN (RS 1) / z c Q
W 40.Yf / # f VGC o�� r Q Y o
l o ? /
mHl mHl /f1J♦� j . 120.77
9� / ,N: 3ALi0 3N?JO 3A O z W G
y \� 2 DECOR�IVE ) M U Q J
v ! FENCE TYP. I / W = v
L d 5
of N' MOD. BLOCK G
W
/ ! _ EXISTING FOUNDATION
/ aO (T.O.F EL=180.51) / O M
! / > > `■,
N/lt
Puleo Realty Trust
Z 4
1 Tax Map 3 Lot 64LLI
!
I No. 376 �
/ / SUBSURFACE DETENTION CB �
HIGHLAND AVENUE ! / BASIN (45 CULTEC 330 UNITS) R=179 39 I
N/F BASIN DAIRY' / / /
1=175.69179.3
Puleo Realty Trust
Tax Ma 3 Lot 63 /
a� p 120.75'
- -- 30 3'f O
e
1 / / / `' i. ::' .• : j SIGN (H-CAP) ;' 1 2 51GN (H-CAP) ;'SIDEWALK : .'
0 75
! / N r
o
OC$ - - - VGC b . 0 U)
R=180.10 _- __ -
1 _ t T o I- _N � U)
SIGN (R5 1) :D)
r �,_ f /LNF o N/F Z
121D L1 Animal Rescue League L^ j �
/ ' .• ys�= '� / of Boston \�l QIm
DMH _�.�= PS
R=179.52
U / / ri =__ - _ _'� I(IN)=172.73 / of
Map 7 Lot 40 -a N
/ / R=178.72 V/
V / 1=171.72 O t - _ I(OUT)=172.35 SLP I
�' a / // SIGN (R5-1) D 12D J o L 2
ti0 ( I
LP ` Rg 177.70 , �O coo DMH ' as O
DMH L =
R=979.09 ry 1=174.54
IIN)=174.09 / Ld
yExist. ^� / y!// KOUT)=17 VGC D ,? . / V O U)
12""D z I \ cd
Rim=,iaaa
A0 1. !; ' PROFESSIONAL ENGINEER
-- -- - - - _._ 16 58' SIGN (R1-1) G. " CB - L=35.20'
O Lu
P
E cd N35'5012 W R=178.86 ✓ v
R=2049.00 J SNOFM
D - - -- - - - - G DMH E E 1=175.31 E / E ,•2�EW assay`
D D D vG R=178.71 �� BRADLEY C
D D - -
12"D Q I(IN)=174.16 - .4 o
12 D D MCKENZIE
I(OUT)=173.61 ;c NCIVIL 17
H / G H L ,4 N D s s s DMH S S CB
a o
A V E N U E R=175.60 R=176.70 / ,els Al F ;
R O U T E 1 0 7 )
27+00 2s+oo t w w w w w I(IN)=171.W0 W W 1=173.10 w l w w w w w
DRAWN BY: SPC RJD
29+00 30+00 IFELD SURVEY BY: CFA MPF
MASSACHUSETTS HIGHWAY BASELINE � �� -� 31+00 32+00
+54.67 CHECKED BY: BCM
ABBREVIATIONS SIGN LEGEND
CB CATCH BASIN R1-1 "STOP" �• 33+00 APPROVED BY: MAY 19, BCM
DMH DRAIN MANHOLE R3-2 LEFT TURN RESTRICTION NOTES: 2008
PS PARTICAL SEPARATOR R5-1 "DO NOT ENTER" 1. INFORMATION SHOWN HEREON IS FROM AN ON THE GROUND SURVEY SCALE: 1"=20'
OCS OUTLET CONTROL STRUCTURE R8-3 "NO PARKING" PROJECT NO.: 25-130
PERFORMED BY MCKENZIE ENGINEERING GROUP, INC, ON MAY 15, 2008 DWG. TITLE:
SMH SEWER MANHOLE „
LP LIGHT POLE 2. PLAN REFERENCE: PROPOSED COMMERCIAL DEVELOPMENT, 376 HIGHLAND AVENUE
VGC VERTICAL GRANITE CURB SALEM, MASSACHUSETTS" PREPARED BY MCKENZIE ENGINEERING GROUP, INC. AS-BUILT
SGC SLOPED GRANITE CURB ON APRIL 5, 2006 WITH LATEST REVISION DATE APRIL 7, 2008. GRAPHIC SCALE PLAN OF
3. ALL CONSTRUCTED DRAIN PIPE SHOWN HEREON IS HDPE ADS (N-12) 20 0 10 TO 40 90
FLOOD NOTE: LAND
SUBJECT PROPERTY FALLS WITHIN ZONE C OF THE FLOOD INSURANCE RATE MAP
No. 250102 00058, WITH AN EFFECTIVE DATE OF AUGUST 5, 1985, AND IS NOT ( IN FM � DWG. No:
01
IN A SPECIAL FLOOD HAZARD AREA (BY GRAPHIC PLOTTING ONLY).
1 �°h = 20 t� 1 of 1
FILE LOCATION: M.• \2005 Pro/ects\25-130\...\25-130Final Asbuiltdwg
1.
November 6; 1962,
° i MCISIONi Animal Rescue League
Savona Street*
The petitioner applied for a permit to erect a one-story
building to be used as an offices garage,, and housing of
small animals# in connection with the work of the Animal
Rescue L * The proposed building would be situated
on Savona react„ off Highland Avenue. Thin petition was
rofused by the office of the Inspector of Buildings of
Saalem, as the proposed use would be in violation of the
City of Salem Zoning Ordinance*
Tho petitioner appealed from this decision and requested
a variance to the Zoning Ordinance, Section 4, paragraph 5•
The petitioner appealed to this Board and ori November 5
1962# at 7930 PoUt in the office of tLo Inspactor of Build-
. ingot City Hall, Salam, the coating of the Boaard of Appeal
was old pursuant to notices mailed to the petitioner,
abuttoraa and others* and as advertised in the Salem
Evening brews on October 13 and 20, 1962.
Wo Johnson from the offices of Ropes and Gray, SO Federal
Street, Boston appeared for the Animal Rescue League, and
outlined the plan of the proposed project,k. The following
appea'ered in opposition S
Rocco and Angelina Rariono# 16 Sheldon Road,
Swram ocott, Ss.
Anthony Cq Civiollo# $5 Pool Street, WoburnpH0000,
Zoo Jo Hakos, 24 Buxton Street, Peabody, Hass*
After due considerations the Boeard# by uumimoua vote of all
five members voting, on the grounds that the proposed variance
does not oubotaantially derogate from the intent and purpose
of the Ordinance and that it would result in direct benefit
to the City of Salem and that denial of the proposo& vaariaance
would ,create a practical difficulty and unnecessary hardship
and that the proposed variance would not substantially change
the aspect of the area, authorizon the Inspector of Buildings
to issue said permit and grants said Vaarianc" VARIANCE GRADIEN
• Board of Appeal
By
cb-
core tarq
� � a
res
z
CUP of 6a[em, ;fflaoubugettg
v� Office of the City couucit
f a
City tau Ca 6 71;9 AM '88
�MINB 08 P�WeLgIN(I)JCILLORS
KEVIN R. HARVEY CITY OF SALEA EMAM
COUNCILLORS-AT-LARGE PRESIDENT
- GEORGE A.NOWAK
1988
DONALD T.BATES JOSEPHINE R. FUSCO KEVIN R.HARVEY
CITY CLERK VINCENT J. FURFARO
FRANCESJ.GRACE LEONARD F.O'LEARY
NEIL J.HARRINGTON JEAN-GUY J.MARTINEAU
GEORGE P.McCABE SARAH M. HAYES
MARK E. BLAIR
October 5, 1988
Mr. William Munroe
Building Inspector,
One Salem Green
Salem, MA 01970
Dear Mr. Munroe:..
As per our recent telephone conversation, I am submitting to
you the following:
I have received numerous complaints from the residents in the
area of the Animal Rescue League at 378 Highland Avenue. The residents
are very concerned with the loud barking, especially on the weekends,
and the odors eminating from the furnace, as well as the odor from the
dogs themselves then they are let out.
The Board of Appeal granted the Animal Rescue League a variance
back in 1955 for 11 small dogs, and I am very concerned that this shelter
is becoming a regional facility.
On October 2, 1988 , I visited the shelter and talked with the
assistant and was advised at that time that there were currently 19
dogs, 8 kittens, 8 cats, and 11 other animals in residence. Also, when
I asked the question of where these animals were coming from, I was
informed they were coming from everywhere, including New Hampshire.
Enclosed is a copy of a Council Order adopted by the entire
City Council on July 16 , 1987 addressing the issue of the incinerator.
As this is obviously a serious health problem for the area, please
investigate as soon as possible and advise me in writing of your find-
ings and recommendations .
Very truly yours,
LEONARD F. O' LEARY
COUNCILLOR WARD FOUR
COPY: Board of Health
MARY BRASIER
SALEM SHELTER MANAGER
I+ � Y
1
ANIMAL RESCUE LEAGUE BOSTON
_ SHELDODON BRANCH
378 HIGHLAND AVE.
TEL.617 744-7910 - SALEM,MA 01970
Ip
�'`°" CITY OF SALEM
� a
'� In City Council,._-- ___ July 16, 1987
------------------
J�falMMe
Ordered:
That the Board of Health investigate the burning of animal carcasses at
the Animal Rescue League on Highland Avenue, and that it be ceased immediately
until its incinerator functions properly and it receives a coniplete inspection
frau the Public Property Department and the Fire Department.
AMID BE IT FURTHER ORDERED:
that the present smoke stack be extended to alleviate the noxious odors
emanating into the residential neighborhood. Also that strict guidelines be es-
tablished for burning - and if the problem persists to plague the neighborhood,
that the entire crematory for the animals be shut down permanently.
in City Council July 16, 1987
Adopted
ATTEST: JOSEPHINE R. FUSCO
CITY CLERK
ee eo
�z� s
ANIMAL RESCUE LEAGUE OF BOSTON
TREMONT&ARLINGTON STS.• MAIL P.O.BOX 265•BOSTON.MA 02117-0265•TEL 61]426-91]0
As a non-profit, animal welfare organization, the Animal Rescue League of Boston
provides proper care and shelter to all animals that pass through our doors. Our
clinic, shelters and adoption centers as well as our rescue, law enforcement and
education departments all work together to reach this goal.
SERVICES
SHELTER DEPARTMENT
Our animal shelters located in Boston, Dedham, Brewster, and Salem care for the more
than 60,000 unwanted, stray and abandoned animals that we encounter each year.
ADOPTION CENTER
The adoption centers assist interested individuals in choosing pets. We provide the
new owners not only with their pets but also with literature to help them properly
care for their new pets.
RESCUE DEPARTMENT
The rescue department answers calls requesting assistance for injured animals. The
staff rescues animals hit by cars, cats up trees, injured waterfowl .and wildlife, for
example. These rescues are made possible with our nine fully equipped ambulances,
rescue boat, and other equipment. The staff also pick up unwanted animals from
owners that can no longer care for their pets.
LAW ENFORCEMENT DEPARTMENT
Our Massachusetts Special Police officers enforce State Laws protecting all animals
from cruelty. The officers respond to complaints placed by individuals regarding
animals neglected or abused. The officers also inspect locations such as pet shops,
research institutions, horse stables, guard dog businesses, and other commercial es-
tablishments throughout the state where animals are kept to ensure that these
premises are complying with state standards.
EDUCATION DEPARTMENT
The education department uses a variety of educational programs to promote proper pet
ownership and responsibility. We sponsor tours of the League, outreach programs to
community groups, elementary and middle schools, and pet visits to nursing homes all
free of charge. Nearly 500 children each year attend our Animal Friends Summer Camp
on Cape Cod. We also produce a number of animal related informational booklets.
Through these differing teaching techniques, the department develops humane respon-
sible attitudes towards animals in individuals of all a4es.
HELPING ANIMALS SINCE 1899 • A NON-PROFIT HUMANE SOCIETY
CLINIC
Our Boston facility also has a full service veterinary clinic for animals adopted
through the League and neighborhood pets. We provide spaying or neutering to all our
pets to be adopted. We also examine and treat all strays, abandoned and other
animals in our shelter.
ADMINISTRATION 426-9170
Arthur G. Slade, President
Richard W. Bryant, Executive Assistant to the President
BOSTON HEADQUARTERS & ANIMAL SHELTER
Corner of Arlington & Tremont Sts.
P.O. Box 265, Boston, MA 02117-0265
Robert G. Walsh, Manager
617 426-9170
CLINIC 426-9176
Edward A. Leonard, D.V.M. , Director of Veterinary Medicine
ADOPTION 426-9175
Sharon Copp, Adoption Supervisor
LAW ENFORCEMENP DEPARTi ENr 426-9170
Carol McCarthy, Supervisor of Law Enforcement
EDUCATION 426-9170
Stella. Millet, Humane Education Instructor
BRANCH ANIMAL SHELTERS
DEDHAM NORTH SHORE
Pine Ridge Animal Center 378 Highland Ave., Salm, MA 01970-1744
238 Pine St., Dedham, MA 02026-4005 Mary Brassier, Manager
(617) 326-0729 (617) 744-7910
Safford Memorial Animal Shelter
Alan W. Cunningham, Manager
CAPE ODD
Pine Ridge Cemetery for Animals Animal Friends Summer School
Michael Thomas, Superintendent 96 Megansett Ad.
N. Falmouth, MA 0256-0800
CAPE ODD Edward J. Powers III, Director
Route 6A, E. Brewster, 'MA 02631-0023 (617) 426-9170
Thomas H. White, Manager
(617) 255-1030
Aninto STielte
Rulirig`Su—stains
'Appeals Soard
The Mass chusetts supreme
'court'has sus�ained the action of
'Salem's board of appeals in au-
thorizing the Animal Rescue
'league to build office and shel-
l.ter for animals on Highland ave-
nue.
The action of the state's high-
est tribunal came as the result
of an appeal to that body made
nearly a year ago in the con-
troversial case. /
Previously. the superior court
had ruled that the board had
.exceeded its authority in order-
ing Salem building inspector,
John J. O'Rourke, to grant the
(league the necessary permits.
The supreme court, taking
cognizance of the word "institu-
tion" in its findings, declared
that both the league and its pro-
'posed shelter, according to the
'accepted meaning of the word,
were institutions and within the
meaning of a Salem ordiance.
vemcle so as to endanger
was c8mmitted to Salen
r
W, Lynn%.-Ybu'ih ',also wa:
fined $25 for operating a motor
vehicle without a license.
John Horak,' Inc., florists, bl
whom Kee wasPPmployed, ww
fined $25 for perd�itting an im.
proper person to operate a mo.
for vehicle. George Riordan, Jr..
president and treasurer; repre.
s-ented the firm.
Lee Mildred Finegold, seven-
year-old daughter of Mr. and
Mrs. David Finegold, Columbia
road, was instantly killed and
b rfour-year-old sister, Roberta
,&e critically injured SaturdQ,
afternoon, Oct. 6. The truck op-
erated by Kee went out of con.
trol at the intersection of Te-
desco street and Charlotte road
and overturned on the young-
sters, who were standing on the
sidewalk waiting to cross the
highway. l
IN THE NEWS
_- _ -Pagel _. Page{
454 ass. 134 NORTH EASTERN REPORT d SERIES
2, Wotkm,pn's Compensation 0+1939 merely to affirm the determination of an ad- T
In workmen's compensation cases, theministrative board.
` court does not, on appeal, re-examine the '
record to see whether other or different
findings of fact could be made, if satisfied Edmund Z. Dymsza, Boston, for insurer.
that those made are not lacking in eviden-
\tiary support and not tainted by an error of Bernard Kaplan, Lester S. 'Cramer and
law, and where possible it will sustain the John J. Grady, Boston, for claimant.
findings of the single member and the re-
viewing board. Before QUA, C. J., and RONAN,
SPALDING, COUNIHAN and WHITTE- ,
3. Workmen's Compensation (y1937 MORE, JJ.
Admission of advertising pamphlets
that were distributed by the manufacturer RONAN, Justice.
of the snow loader an employee was operat-
ing when injured, was not prejudicial to This is an appeal by an insurer in a
insurer in workmen's compensation case, workmen's compensation case.
where no contention was made that the We are concerned with the employee's
pamphlets did not fairly represent the snow activities for a period of approximately
loader and no exception was saved by the three weeks ending on January 25, 1953.
insurer before-the hearing board. During the first two weeks of this period
4. Workmen's Compensation C--P1855 he was engaged principally in snow removal
work, at times by hand shovelling but
Where claimant's physician had testi- usually by the operation of a snow loading
fled before single member from a chapter machine. During the last week he op-
in a medical book, the insurer could not ob- "rated a gasoline shovel and other equip-
0 evi- meat to excavate a trench for a sewer line.
ject to introduction of the chapter int
dente when the chapter added no more than Since 1951 he had been employed in this .
wa§ already in evidence and the insurer type of work by one DeFilippo, an exca-
did not, in subsequent stages of the proceed- vating contractor, who on many occasions
ing, save exceptions it had taken before the furnished equipment and operators to the
single board member in the initial hearing. town of Dedham for snow removal pur-
poses. The employee also worked a few
5. Workmen's Compensation E=1949 days for the town during the first part of
Where injured employee, in workmen's this period. On January 9, 1953, DeFilippo
compensation proceeding, had worked two purchased a new snow loading machine
years for the assured, but neither party which was operated by the employee for
offered accurate evidence as to the average snow removal, work even though for some
weekly wage of injured employee, the de- seven or eight days after its purchase it
cree lacked evidentiary support for amount lacked a cab to protect the operator. When
of award and the case was recommitted to the cab was finally added to this machine
the Industrial Accident Board for further the seating arrangement was so. cramped/
hearing_ on the issue of average weekly that the employee experienced difficulty in
wages. G.L.(Ter.Ed.) c. 152, § 1(1) as manipulating the controls, especially those
amended St1943, c. 529, § 1, an his left. On January 11, 1953, his left
wrist began to swell and pain and he wore
6. Workmen's Compensation 8=1951 a wrist strap to alleviate this condition.
In a workmen's compensation proceed- Then his left arm began to swell. He quit
ing, the new decree when entered after re- work at noon time on January 24, 1953.
mand should set forth its provisions di- The next day he consulted a physician who
rectly and categorically, and not attempt took him to a hospital where he was con-
Ii.E VARANO'S CASE Mase. 53
-bite as 134 N.E,2d 453
nature and an institution "within certain The decree of the Superior Couft is re
accepted meanings," the appellants contend versed and a decree is to be entered in ac-
that it is not an institution "as that term is cordance with the decision of the board of
employed in * * * § 2 B 7." In Massa- appeal.
chusetts Society for the Prevention of So ordered.
Cruelty to Animals v. Boston, 142 Mass.24,
28, 6 N.E. 840, 842, it was held that "an
.institution must be deemed both benevolent
w
and charitable which educates men in the o sxn xunxix snren
diseases of the domestic animals, and the
proper mode of dealing with them, even if
it also inculcates the duty of kindness and
humanity to them, and provides appropriate
means of discharging it." In Minns v. Joseph VARANO'S CASE.
Billings, 183 Mass. 126, 130, 66 N.E. 593, 5
L.R.A.,N.S., 686, it was held that both the Supreme Judicial Court of Massachusetts.
above named society and the league were Suffolk.
public charities. In both cases these or-
ganizations were referred to as institu- Argued Feb. 9, 1956:
tions, According to dictionary definition
an institution is commonly an established Decided May 9, 1956.
corporation, especially one of a public char-
acter. The term may be applied both to Workmen's compensation proceeding.
the organization itself and to the place The Superior Court, Warner, J., entered
where its operations are conducted. See decree awarding claimant compensation and
Prescott Courier, Inc., v. Board of Super- insurer appealed. The Supreme Judicial
visors of Yavapai County, 49 Ariz. 423, Court, Ronan, J., held that where the in-
430, 67 P.2d 483; Cochran v. McLaughlin, .jured claimant had worked two years for
I 128 Conn. 638, 642, 24 A.2d 836; Trustees the assured, and neither claimant nor in-
of the Academy of Richmond County v. surer offered accurate evidence as to the
Bolder, 80 Ga. 159, 161-162, 7,S.E. 633; average weekly wage of the claimant,
Bartling v. Wait, 96 Neb. 532, 537, 148 award could not be sustained.
N.W. 507; Gerke Y. Purcell, 25 Ohio St. Decree reversed and case recommitted
229, 244. It therefore appears that both to the Industrial Accident Board for fur-
the league itself and its proposed shelter ther hearing on the issue of average weekly
according to the accepted meaning of the wages.
word were institutions and within the
meaning of the ordinance.
1. Workmen's Compensation «1572
The care and disposal of homeless and In workmen's compensation proceeding,
neglected animals are no less objects of evidence was sufficient to sustain finding of
charity than are the care and treatment of Industrial Accident Board that employee
human beings. It is unnecessary to cite had sustained a personal injury, consisting
the several statutes in this Commonwealth of a myocardial infarction and swollen
relating to the humane treatment of ani- left wrist and arm, arising out of and in
mals and the disposal of those so vicious the course of employment, caused by work-
and-diseased as to constitute a public men- ing long hours in had weather as operator
ace to demonstrate that their treatment of a snow loader which at first lacked a
and disposal are matters regarded by the cab and then was equipped with a cab so
Legislature as pertaining to the public wel- ,small that difficulty was caused in the op-
fare. - - eration of the left-hand controls,
45 A1ass. 134 NORTH EASTERN REPORT 2d SERIES
,, �" `
posed shelter for animals were "institu- Before QUA, C. J., and WILKINS,
tions" within exception of zoning ordi- WILLIAMS, COUNIHAN and WHIT-
ounce. TEMORE, JJ. `
Decree of the Superior Court reversed WILLIAMS, Justice.
and decree entered in accordance with the
decision of the Board of Appeal. The building inspector of the city lof
Salem refused a permit to the Animal Res-
cue League of Boston toconstructand use
I. Municipal Corporations Cy601(19) a building in a section of the city of Salem
As respects rights under a zoning ordi- zoned as a general residence district for an
nance, an institution must be deemed both office and a shelter for animals on the
"benevolent" and "charitable" which edu- ground that such permit would be contrary
cates men in the diseases of domestic ani- to the zoning ordinance. This ordinance
mals, and proper mode of dealing with permitted the construction and use in a gen-
them, even if it also inculcates the.duty of eral residence district of a building for a
kindness and humanity to them, and pro- "Public or semi-public institution of a phil-
vides appropriate means of discharging it. anthropic, charitable,or religious character,
but not a correctional institution." See §§
See publication Words and Phrases. 2 B 7 and 3 B 1. On appeal the board of
for other judicial constructions and defi-
nitions of "Benevolent Institution" and appeal ordered that the permit be granted.
"Charitable Institution". From its decision the plaintiffs who are
residents of the city residing in the vicinity
2. Municipal Corporations (Z;-.-601(19) appealed to the Superior Court. There a
decree was entered annulling the decision
An "institution" within exception to of the board of appeal on the ground that
zoning ordinance, is commonly an estab- its order was in excess of its authority.
lished corporation and especially one of From this decree the Animal Rescue
public character and the term may be ap- League, which had been allowed to inter-
plied both to the organization itself and to vene, and the board appealed. It is agreed
the place where its operations are conduct- that all procedural and statutory require-
ed. ments leading to the decision of the board
were complied ,with and that the sole is-
3. Municipal Corporations 8y601(26) sue is whether the board was correct in
The Animal Rescue League of Boston deciding that the requested permit and the
and a proposed shelter for animals viere proposed use were expressly permitted by
"institutions" within exception to zoning § 3 of the zoning ordinance. The judge
ordinance permitting construction of build- found that "the league was a private non-
ings for public or semi-public institutions of profit corporation, rendering service with-
a charitable character in view thttt the hu- out charge, of a semipublic and, charitable
mane treatment of animals.is regarded by character," and that the proposed use of the
the legislature as pertaining to the public shelter "was for the establishment of a
welfare. refuge for rescue and relief of suffering
or homeless animals in the city of Salem
See publication Words and Phrases, or thereabouts"; but that the league "is not
for other judicial constructions and dell- an `institution " and "the proposed animal
nitiuns of "Institutions". shelter is riot an 'institution' or `for an
institution.'" He ruled that under the
zoning ordinance the proposed use was not
Paul F. Strout, Peabody, for plaintiffs. permitted.
Frank W. Crocker and Levin H. Camp- [1-3] While admitting that the league
bell, I1I, Boston, for defendant and another. is a semipublic corporation of a charitable
GANGI v.B RD OF APPEAL OF SALEM Mass 5I
to as 134 N.E.2d 451
rhe defendant's objections and claims for a specifications with which its proof,. mist
report of the evidence,"that the fair yearly substantially conform. Shea v. Crompton
rental value of the premises heated was & Knowles Loom Works, 305 Mass. 327,
$3,434, and * * * unheated * * * 329, 25 N.E.2d 725; Snow v. Metropolitan
was $2,382," and "that the reasonable value Transit Authority, 323 Mass. 21, 23, 80
of fuel to supply heat for the premises for N.E.2d 49. It was therefore error to ad-
one year commencing June 1, 1953, was mit the evidence to Nghich the defendant ob-
$1,050." The objections were "based on jected because not material to any issue
the fact that plaintiffs specifications did not presented by the specifications. As for this
include the difference in value of the reason the decision of the Appellate Divi-
premises heated and unheated, as an item sion must be reversed we do not pause to
of damage." consider the correctness of the rulings on
The judge found for the plaintiff in the the'defendant's requests.
respective amounts of $569.79, $175.32, and The decision of the Appellate Division is
$482.13, and reported the cases on the ad- reversed and the cases are remanded to the
missibility of the above testimony and hX trial court for a new trial preliminary to
denial of certain rulings requested by the which motions to amend the specifications
defendant. The Appellate Division ordered and perhaps the declarations may, in the
the reports dismissed and the defendant ap- discretion of the court, be allowed.
pealed. I So ordered
[1,2] The evidence was sufficient to
warrant findings that during the periods w
covered by the plaintiff's actions the defend- o gCE1 NUMBER SYSiFM
T
ant failed to use due.diligence in furnishing
heat to the heated premises. On such find-
ings the plaintiff would be entitled to re-
cover as damages the difference between the
value of the leasehold -with the covenant Anthony GANGI and others
unbroken and its value with the covenant
broken. McCormick v. Stowell, 138 Mass. V.
431; A. W. Banister Co. v. P. J. W. Moodie BOARD OF APPEAL OF SALEM.
Lumber Corp., 286 Mass. 424, 427, 190 N.E.
727, and cases cited. Bloom, South & Supreme Judicial Court of Massaehuse:ts.
Gurney,Inc.,v.Mitchell,289 Mass.376,378, Essex.
{ 194 N.E. 114. That this was the rule of
damages recognized by the judge and made Argued April 2, 1956.
the basis of his ultimate findings seems evi- Decided May 11, 1956.
dent from his allowance in each case of the
defendant's request numbered 5, reading, .
"If the court should find for the plaintiff, The Building inspector refused a per-
then the measure of damages applicablt: in mit to construct a building for Animal Res-
this action is the difference in value of the cue in a general residential district. On _
premises, heated as stipulated in the lease, appeal the Board of Appeal ordered that
and the value of said premises as they were the permit be granted and from its decision
in fact heated, and this difference cannot the plaintiffs who were residents of the
exceed the reasonable cost of supplying heat city appealed to the Superior Court. From
for said premises as provided in the lease." a decree of the Superior Court annulling
the decision of the Board, respondents and
[3] The plaintiff, however, did not al- intervenors appealed. The Supreme Judi-
lege as an item of its damage diminution cial Court, Williams, J., held that the Ani-
in value of its leasehold. It is bound by its mal Rescue League of Boston and a pro-
COMMONWEALTH OF MASSACHUSETTS
Essex, ss, Superior Court
Equity No. 10307
ANTHONY GANGI, of ala.
Appellants
VS.
WILLIAM ABBOTT , at als.
As they are members of the Board of Appeal
of the City of Salem
Respondents
FINAL DECREE AFTER RESO IPT
This cause came on to be further heard at this sitting
after rescript from the Supreme Judicial Courtt and was argued
by counsel; and thereupont upon consideration thereof, it is
ORDERED, ADJUDGED and DECREED that the decision granting the
intervenor Animal Rescue League of Boston a permit in response
to its Petition was within the jurisdiction of the Board of
Appeals of the City of Salem, and that the Clark of the Court
within thirty days after the entry of this decree send an
attested copy thereof to the Board of Appeals and to the in-
spector of buildings of the City of Salem.
By the Court, ( �i�L �✓t)/ )
lark
The foregoing is a true copy. ,
Attest: 7.-a-r��,,
Asst. Clerk
BOARD ON AYPEAt
Wil] ive Salem, Blass.
interg ted a public hearing to all
Of the Animalujls On Rescueche yecihon
BoSbon, ""kin, to c League of
ises at ing C e tile yfem-
nland Ave, and Savona
St. for sneitenug or aromas
asking thaand
t the Board grant a
varlallce truln the
the application of
zuniog ordinance.
The hextrntt.' Will be held on
Monday, June 14k954, a
Y• 'M" n] tile t 7::i0
e Ofliee uF the t 7.3-
tor or.uuaaings, Uny Hat,..
By: WILLIAM A,.:1;1tdi:Y
June 8, 1954. Secretary
. BOAnD OF APPEAL' .
Salem, to Mass. ll,
µ,ill give a Puhhc hearing to—aa
Petition
interested Persons on the P 1e of
of the Animal Rescue e tilegPrem-
Boston, seeking to .
ises at Highland Ave. and Savona
St.
nnn,
for sheltering oc arantna-
asking that the Boar lication of
variance fru- the e.pP
the zoning ordin`nlee.be held on -
The hearhtg 14, 1954, at 7:30
MondaY, June the
p. �1., in the officCitf nspec-
Hall.
to of Bit; ILLIAM 9. TRACY
BY SecretarY
June 8,1954. -
..--
BOARD OF APPEALS
SALEM, MASS.
will give a public hearing, on an
appeal, to 'all interested persons
on the petition of the Animal
Rescue League of Boston, seeking
a permit to use the premises at
Highland Ave. and Savona St. for
sheltering of animals and to erect
a new building for the same.
The hearingg will be held on
Monday, August 23, 1954 at 1:45
P.M. in the office of the Inspector
of Buildings, City .Hall.
BOARD OF APPEAI.
By William A. Tracy,
Secretary
Augi{st 16', 1954.
r
BOARD OF APPEAL
Salem, NP as,
will give a public hearing to all j
r^'crested persons•on the petition R?
of the Animal Rescue League of st`
Boston, seeking to,!:se the prem-
ises
remises at Highland Ave. and Savona
St. for sheltering of anitnals9and j
asking--l.hat—the—Bnard_.grant_a c)
variance-from.the,.application-.of
the zoniog_prdinance.._,
The hearing-will be held on
Monday, June 14, 1954, at 7:30
P. M., in the office of the Inspec-
tor of Buildings, City Hall.
By: WILLIAM A. TRACY
Secretary..
June$1954. r
v
A •
f s ,
�M'M^MA YT's ♦YlIWW .
Z staaso aoo fierier court
X:s ul
No. 10307
AlthorW fungi Well .
Appellants
gra
jaaatlp I. ta.ulpr
William A. ` acs!"
J. ,iR.:,th,llr N rrs ss,d
. bOra r the BOA of appeal "
�:rt the Cit? 0 Calm
Finan, tt000660
This 04,U60, a 0 on to be heard and was arewd by ew4Aoel .
and upon consideration thereof it to
QAVZUb# AWTJVM and DOMED
et) t2tat the dootolon at the Board of Appeal 0f the alty
of Sa:lan, daW daptaaber 40 1064 #Ad. 01ed Vltah the
olty t31,ork 'tat W.d leiff, Roptemlobr S, 1034
t asating the Petition Of the A01,aal hcssoue L48840: ollltdana da t*d 174P 7, ' , aappealln6 **r1 Znjfuc al
Of 'the Xre"04ttar of Uildingss Of 841eM, dated ?ray dr
1D;i, to loet'at, sa pasrmolt, appl.iod for Rey 1.954, to
orsat end use a otraaoture ob taretaistoa at RISUM4 AVO..
*nd rl avona r,"matt 1- altek1, f'tar an arT L'zl, chelter; c d
ordering the Xnapaetor of Ruildlrqts '1c, issue permit*
so arIgInaill to ataxia n,Acua
b) voc wlWn the jurisuation of the add Board of Appeal;
d) that modifliantiors. thoroof to ,roq rad, In that Via ould
decision of 'the Bb=d of hppeal and OR14 Vidor vus in ox-
soot of the j authority 16" t"-441d Soardo and
al) that the acini dooialon. and ardor wean in oxosaa of the
authority of -the Board of cttal;
a) that the da ai0lon .ot th + 0oaitrd of Appeal at 1%, * Olty of
d,.1'1am g>s..ttUng the petition of the At%liw4 iteoeue ;#c *
oy Roaton to the la spootor of Suildingo of Saloat dated
Pay 60 1954 tear' vomit .to e0ract and uce a ettruatura, on
preaidca at HI aand asfanue and 04vo tas Otroot, Cada#
i'
far an anifmal nholtor, Ano ordering the Inapootor Wr3114-
141da of flai 'a Ouo permit to the i nea a e League
b ;
o,f dten, nes orldn:ll' requoetadt, as pertid4ln4 to dUOh
au ail' iho,ltev, to hex%by annulled t
fa that the Clerk tit tble dowlG vlMa thirty days atter.._tho
ontry a' thin doores 400d An attO*ted aoPY thOrsOt to
eaid Board of Appeal *Ad 'to the Ingpoetor of Suildings
• of the MY of Salo-M.
Oy the ' our't
'Joseph E. Warner J.
Entered June 21, 1955•
The foregoing is a true copy.
Attest :
Asst. Clerk.
• e
• COMMONWEALIF OF MASSAWSETTS
Essex, ss. Superior Court
In Equity
No. 10307
Anthony Gangi et ali
Appellants
vs
tilliam Abbott et ali
Members of the Board of
-. Appeal in the City of SAlem
Animal Rescue League of
Boston
Intervenor
r' F
M
Y
Final Decree
ROPES, GRAY, BEST, COOLIDGE & RUGG
50 FEDERAL STREET
BOSTON 10
TELEPHONE,HANCOCK 6-9214 �y
CABLE ADDRESS-'ROPGRALOR' October 5) 1954
Mr, William A. Tracy
Smith Street
Marblehead, Massachusetts.
Dear Mr. Tracy:
At the request of Mr. Johnson I enclose herewith a
check in the amount of $12.00 payable to the Salem Evening
News to cover the cost of advertising therein.
I will send you a copy of the plaintiff' s pleading
in the action brought against the Salem Board of Appeal as
soon as I can have one made.
Ve-ry^ truly yours,
Marilyn Sullivan
MMS:bbs
Enc.
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss. SUPERIOR COURT
IN EQUITY
No. 10307
ANTHONY GANGI, ROCCO MARIANO, THERESA PIERRO, ANTHONY
PIERR.RO, DOMINIC INGEMI, MESSINA DESCHAMPO, JOHN M.
INGEMI, STEPHEN C. INGEMI, JOSEPHINE INGEMI, DANIEL
SENIS, LEON KARAVOULIAS, GORDON W. RYERSON, MICHAEL A.
TRANGULLO, ARMAND STRAVATO, FRANK EMMITH, PATRICK F.
FARDO, TOM SEMONELLI, THOMAS M. BURKE, EDWARD J. LASTEK,
BERTHA DiPIETRO, ALPHONSINE PELLETIER, ALBERT G. VIEL,
WILLIAM SURETTE, JOSEPH N. CHARETTE, JAMES LINDSEY,
EDDY SHELDON, GASPER ADAMO, MAURO SALOMINO, ANDY MITCHELL
APPELLANTS
VS.
WILLIAM ABBOTT, JAMES H. BOULGER, JOHN M. GRAY, WILLIAM
A. TRACY, J. ARTHUR MARCHAND, AS THEY ARE MEMBERS OF THE
BOARD OF APPEAL IN THE CITY CF SALEM
R.ESPONDANTS
APPEAL FROM A DECISION OF THE BOARD OF APPEAL OF THE
CITY OF SALEM UNDER GENERAL LAWS, CHAPTER 40, SECTION 30
Now come the Appellants in the above entitled cause and say they
are persons aggrieved by a decision of the above named Board of Appeal of the
City of Salem, Essex County, Massachusetts, in the matter of the petition of
Animal Rescue Leagud of Boston for a variance in the zoning ordinance of said
City of Salem, and say:
1. That the Appellants are abuttors and owners of property in the
immediate vicinity of Highland Avenue and Savona Street, Salem, the property
which was the subject of a variance granted to Animal Rescue League of Boston
by the said Respondants, acting as the Board of Appeal of the City of Salem.
2. That the above named, William Abbott, James H. Boulger, John M.
Gray, William A. Tracy, J. Arthur Marchand, acting in said capacity as the Board
of Appeal of the City of Salem, by a decision dated September 4, 1954 and signed
September 7, 1954, recorded with the City Clerk of the City of Salem on Septem-
ber 8, 1954, voted to grant the petition of Animal Rescue League of Boston for a
variance in the application of the zoning ordinance of the City of Salem, in
accordance with Chapter 40, Section 30 of the General Laws, as more recently
amended by Chapter 368 of the Acts of 1954-
3. That the Appellants are aggrieved by the order or decision of
the Respondants, acting as the Board of Appeal under the zoning ordinances of
the City of Salem, wherein the Respondants granted a petition of Animal Rescue
League of Boston to vary the application of said zoning ordinance by ordering
the Building Inspector to issue the permit, as originally requested, for the
erection of a building for the sheltering of animals. A copy of the petitions
of Animal Rescue League of Boston, together with a copy of the decision of said
Board of Appeal for the City of Salem, is herewith appended and made a part of
this appeal:
-z-
ROPES, GRAY, BEST, COOLIDGE & RUGG
50 Federal Street
Boston 10
May 7, 1954
Inspector of Buildings
City of Salem
Room 7, City Hall
Salem, Massachusetts
Dear Sir:
The undersigned hereby appeals to the Board of Appeal from the
following decision of the Inspector of Buildings made May 6, 1954:
"Ropes, Gray, Best, Coolidge & Rugg
50 Federal Street
Boston, 10, Mass.
Attention Marilyn M. Sullivan
Gentlemen:
With reference to your application dated May 5, 1954 for a permit
to erect a new building for the sheltering of animals at Highland Avenue and
Savona Street, please be informed that it is necessary for me to refuse to
issue the permit as the proposed use of this property would be in violation of
the City of Salem Zoning Ordinance.
This particular area is zoned for General Residence and the pro-
posed use, in my opinion, would be injurious, obnoxious and offensive in a
neighborhood as a result of barking dogs .and other objectionable features.
However, there are no objections to the issuance of a permit to
complete the unfinished dwelling, having in mind that it is to be used for
residential purposes only.
Very truly yours,
s/ John J. O'Rourke
Inspector of Buildings"
The proposed use is of a public charitable character permited in
a .General Residence District.
Very truly yours,
ANIMAL RESCUE LEAGUE OF BOSTON
By s/ Ropes, Gray, Best, Coolidge
& Rugg
Attorneys
MMS/mgc
-3-
ROPES, GRAY, BEST, COOLIDGE & RUGG
50 Federal Street
Boston 10, Mass.
May 7, 1954
Board of Appeal
City of Salem
Salem, Massachusetts
Gentlemen:
The undersigned hereby petitions the Board of Appeal to vary the
terms of the Zoning Ordinance at Highland Avenue and Savona Street by permitting
the erection of a building for the sheltering of animals in a General Residence
District.
This proposed use is of a public charitable character. The nature
of the terrain of this property makes its use for other purposes impractical
and refusal of this request therefore would involve unnecessary hardship. The
proposed use will not be injurious, obnoxious or offensive to the neighborhood
nor will it substantially derogate from the intent and purpose of the zoning
ordinance.
Very truly yours,
ANIMAL RESCUE LEAGUE OF BOSTON
by s/ Ropes, Gray, Best, Coolidge & Rugg
Attorneys
MMS/mgc
DECISION RE: Animal Rescue League of Boston.
Highland Avenue & Savona Street
September 4, 1954
This case originally came before the Board of Appeal on June 14,
1954 upon the appellant's petition appealing from the Building Inspector's
refusal to issue a permit to use the above noted premises for the sheltering
of animals. In written notice of refusal, dated May 6, 1954, the Building
Inspector stated that the proposed use of this property would be in violation
of the City of Salem Zoning Ordinance and in his opinion, would be injurious,
obnoxious and offensive to the neighborhood.
By decision dated June 21, 1954 and filed in the office of the City
Clerk, the Board overruled the Building Inspector and ordered the permit to
issue. The Building Inspector requested an opinion in writing from the City
Solicitor as to the legality of the Board's decision and under date of July 7,
1954, the Solicitor ruled that because of certain procedural technicalities,
the Board's action might be successfully attacked in the courts.
By letter dated August 4, 1954, the League, through its attorneys,
requested the Board to hold a second hearing. .Acting on this request, at a
meeting held at City Hall on August 9, 1954, the Board, with all members present
and voting, unanimously voted to order a second hearing to be held August 23,
1954.
In conformity with the law, the Board mailed, postage prepaid,
seasonable notice of the public hearing to the petitioner, to the owners of
all property deemed by the Board to be affected thereby as they appear on the
current records of the Assessors' office, to the Building Inspector, to the
Planning Board and to the City Solicitor. Notice of thejpiublic hearing was
also advertised in a newspaper publiched in the City of Salem, to wit, "The
Salem Evening . News", on August 16, 1954•
The hearing was duly held at the time and place designated in said
said notice, all members of the Board being present.
Prior to hearing from the proponents and opponents, Chairman John
M. Gray reviewed the record of the case to date.
Richard B. Johnson, Esq. of the law firm of Ropes, Gray, Best,
Coolidge and Rugg appeared for the petitioner and identified himself as the
writer of the request for a second hearing. He reiterated that, while he be-
lieved the Board's first decision was according to law, he was of the opinion
that this second hearing would overcome any doubts expressed by the City Solici-
tor. He stated that under Section 3 of the Zoning Ordinance, his clients had
the right to use the premises as proposed and that the Inspector's refusal to
issue a permit for such use was erroneous. He further stated that in the in-
stant case, it was mandatory for the Board to overrule the Inspector inasmuch
as this matter did not involve discretion as in the case of a variance. Mr.
Johnson indicated that the League's plans remain as stated at the original
hearing, i.e., to finish construction of a partially completed residence for
use as a caretaker's home and to convert another building in the rear portion
of the land for use as a shelter for animals with office space and ten kennels
inside, plus five runways on each exterior side of the structure as shown on
plana on file at the office of the Building Inspector. Mr. Johnson said that
in other locations maintained by the Leagud, the animals have not proven obnox-
ious or offensive to abutters or neighbors and that no complaint was ever made
concerning the shelter located for a long period on Franklin Street in Salem.
Eleven persons were recorded in favor of the League's petition.
Philip J. Durkin, Esq. of- Salem represented the opponents consist-
ing of abutters, neighbors and owners of nearby property. He stated that his
clients were not opposed to the work of the League, but were opposed to the
League conducting its business at the proposed place. He said that this area
was largely settled by people who had invested time, money and energy in devel-
oping the neighborhood and the creation of an animal shelter in this spot would
be detrimental to their best interests. He further stated that the property
in question is zoned for General Residence and that the proposed kennels were
very near to buildings of two of his clients. He averred that the Animal
Rescue League did not come within the exception set forth in Section 3 of the
Zoning Ordinance and that the Board could order or grant the permit itself only
by virtue of a variance based on a hardship. He further alleged that the pro-
posed shelter would create a nuisance in the neighborhood.
Twenty persons including City Councillor Thomas F. Tighe were re-
corded as opposed and a petition containing names o£ those who objected was
filed with the Board.
After hearing all the evidence presented at a public hearing held
on August 23, 1954 in accordance with the notice and advertisement aforementioned
and having listened to all those present who desired to be heard in favor or in
opposition to the petition, the Board found that the Animal Rescue League of
Boston was incorporated March 13, 1899 under Massachusetts law as a charitable
corporation "FOR THE PURPOSE of establishing one or more refuges for, and the
rescue and relief of suffering or homeless animals and any other charitable or
benevolent acts for the welfare of animals" and that the proposed use by this
non-profit, charitable organization, performing functions vitally affecting the
public welfare was a use by a semi-public organization of a charitable character
expressly permitted by Section 3 of the Local Zoning Ordinance.
-r
• -5- •
The Board further found that the proposed use would not create a
nuisance or be obnoxious or offensive to the neighborhood because the nature
of the Leagues work was not in and of itself offensive, because the number of
dogs that could be cared for in the shelter would not exceed ten and because
the location of this shelter, situated in distance, approximately two hundred
and sixty feet from Highland Avenue and not within one hundred and thirty feet
of any structure on any abutting property was sufficient to set the shelter
apart and prevent annoyance to others.
The Board further found that the nature of the terrain in the
vicinity being of uneven topography and containing .as it does large quantities
of ledge is not conducive to the type of construction usually required in a
General Residence District and that various types of businesses have gradually
been established along Highland Avenue.
Before arriving at the above findings, the entire membership of
the Board visited the premises and took a view of the petitioner's land,
examined its location, layout and other characteristics. The Board took cog—
nizance of the fact that in the two other locations within the city where animals
have been or are now housed, no complaints of nuisance have been made.
The foregoing findings were unanimously made by the five Board
members all of whom were present at the hearing and on the view of the premises.
On a motion made by Mr. Abbott and seconded by Mr. Boulger, it was
unanimously voted, all Board members being present and voting, to order the
Building Inspector to issue the permit as originally requested, subject, how—
ever, to the same restrictions noted in decision of June 21, namely that per—
mission is only for a shelter approximately thirty feet long by eighteen feet
wide plus enclosed runs of approximately ten feet in length in accordance with
plans on file in the office of the Building Inspector.
BOARD OF APPEAL
SIGNED September 7th, 1954 s/ William F. Abbott
s/ John M. Gray
sl James H. Boulger
s/ J. Arthur Marchand
s/ William A. Tracy
WHEREFORE your Appellants, agrieved by a decision of the Board of
Appeal, do hereby appeal to the Superior Court sitting in Equity for the County
of Essex in which the land concerned is situated.
ANTHONY GANGI ET ALI
By their Attorneys
John J. Foley
Philip J. Durkin
y
COMMONWEALTH OF MASSACHUSETTS
Essex, so. Superior Court
In Equity
No: 10.307
Anthony aangi et ali
Appbllanta ,
s vs
William Abbott
Jamas H. 'Aculger
William A. Tracy-
J. Arthur Marchand
Members of the Board of appeal
in the City of Salem
Animal Rescue League of Boston
Intervenor
Final Decree.
This cause came on to be heard and was argued by counsel
and upon consideration thereof it is
ORDERED, ADJUDGED and DECRIED
a) that the decision of the Board of Appeal of the City
of Salem, dated September 4, 1954 and filed with the
City Clerk of said Salem; September 8, 1954
granting the petition of the Animal Rescue League
of Boston, elated ,day 7; 1954- - appealing from -refusal
of the Inspector of Buildings of Salem, dated May 6,
1954, to issue a permit, applied for May 5, 1954, to .
erect and use a structure on premises at Highland Ave.
and Savona Street, Salem, for an animal shelter; and
ordering the Inspector of Buildings to issue. permit,
as originally requested,' as pertaining to such animal
shelter . .
b) was within the ,jurisdiction of the said Board of Appeal;
e) that modification thereof is required, in that the said
decision• of the Board, of Appeal and said order was in ex-
cess of the authority of said Board, and
d) that the said dec'10i�on and order was in excess of the
authoril:ty of the Board of Appeal;
e) that the decision of the -Board of•Appeal of the City of
Salem granting the petition of the Animal Rescue League
of Boston to the Inspector of Buildings of Salem, dated
May 5, 1954 for permit to erect and use a structure, on
premises at Highland Avenue and Savona street, Salam,
J
r � �
for an animal shelter, and ordering the Inspector of Build-
Inge of Salem to issue permit to the Animal Rescue League
of Boston, as originally requested, as pertaining to such
animal ahelter, ,Is hereby annulled, .
f) that the Clerk of this court within thirty days after the
entry of this decree send an attested copy thereof to
said Board of Appeal and to the Inspector of Buildings
of the City of Salem.
By the Court,
Joseph E. Warner, J.
Entered June 21, 1955•
The foregoing is a true copy.
Attest:
"�
Aest. Clerk,,
COMMONWEALTH OF MASSACHUSETTS
i
' Essex, ss. Superior Court
In Equity
No. 10307
Anthony Gangi et ali
Appellants
vs
William Abbott et ali
Members of the Board of
Appeal in the City of
Salem
Animal Rescue League of
Boston
Intervenor
r
r.
g
S
i
3
September 210 19620
Hon. Board of Appeal, .
125 Washington Street.,
Salem, Mass.
Gentlemen: Attention -' Mr. Joseph Doyle, Secretary.
Attached is a copy of my letter dated September 10, 19629
addressed to Holmes and Edwards, Inc., who have filed an
application `in this office on behalf of the Animal Rescue
League, .to::construct a' n'ew building on Savona Street, off
Highland Avenue.
As stated in my letter, 'it was necessary to refuse to issue
the permit as ,the proposed use would be, in violation of the
City of Salem Uning Ordinance.
Also attached is` s copy of'a letter° from Ropes and Gray,
appealing from my decision on behalf of the. Animal Rescue
League of Boston, ia.,which they request a variance to the
Zoning Ordinance in this particular case.
Enclosed is a check in the amount of twenty dollars, ($20.00)
to cover the cost of advertising.
Very truly yours,
JJORscc
Encl* Insppct6r of gUldlEgsw
I_
ROPES & GRAY
50 FEDERAL STREET
BOSTON 10
CABLE ADDRESS ROPGRALOR" TELEPHONE HANCOCK 5-9214
September 19, 1962
Board of Appeals
City of Salem
Salem, Massachusetts
Gentlemen:
The undersigned Animal Rescue League of Boston hereby
petitions for a variance of the Zoning Ordinance of the City
of Salem and states that it is the owner of certain parcels
of real estate located in a single-family residence district
on Highland Avenue and Savona Street (a paper street) in Salem.
The description of said parcels is as follows: Lots #233, 234,
235, 238, 239, 2401 241 353, 354, and 355 as shown on Land
Court Subdivision Plan �11802E, Sheets 1 and 2, copies of which
are attached hereto. For petitioner' s title, reference may be
had to Certificate of Title No. 23618 issued by the South Regis-
try District of the Land Court for Essex County and to a deed
from the City of Salem to the petitioner dated August 27, 1962
and entered as Document No. 102600 and noted on Certificate of
Title No. 8030 issued from said Registry District of the Land
Court. Said property is just one lot removed from a business
district as outlined on the Zoning Map of the City of Salem,
1955.
Highland Avenue runs approximately from east to west.
Immediately to the west of the property of the petitioner
there is an area with approximately 101 feet of frontage on
said Highland Avenue which, although zoned residentially , is
at present being used for picnic tables for the abutting dairy
bar. Continuing west on Highland Avenue, there are several
lots with approximately 300 feet total frontage which are zoned
for business and are being used as a dairy and dairy bar.
Across Highland Avenue from the petitioner's property the en-
tire stretch of Highland Avenue is zoned for business, and
across Highland Avenue just east of the petitioner' s land there
is a used-car lot.
On the petitioner's side of Highland Avenue to the east
of petitioner's land a stretch of approximately 1,000 feet is
FRo PES& GRAY
Board of Appeals -2- September , 1962
zoned residentially and is presently being used for homes.
Beginning east of this stretch and continuing east for ap-
proximately three-quarters of a mile along Highland Avenue the
area is zoned for business. See Zoning Map, 1955. The property
itself is principally a rocky ledge. These are conditions
which especially affect the petitioner' s property but do not
affect generally the zoning.
The proposed use of this property is of a public charitable
character. For this reason, and by reason of the general nature
of the neighborhood, desirable relief may be granted without
substantial detriment to the public good.
The nature of the terrain makes use of the property for
other purposes impracticable. Its location in a residential
district in such close proximity to a business district makes
it unlikely that it could be sold for development as residen-
tial property. To deny a variance to the petitioner would,
therefore, involve practical difficulty and substantial hard-
ship. See Zoning Ordinance, Section 17B.
Section 8A(8) of the Zoning Ordinance specifies that
property located in a business district may be used as the
"Place of business of . . . Animal hospital." Since so much
of the abutting property is used for business , a variance may
be granted by the Board without substantially derogating from
the intent and purpose of the ordinance. Zoning Ordinance,
Section 17B.
The petitioner, therefore, respectfully requests that the
Board of Appeals of the City of Salem grant it a variance of
the Zoning Ordinance to enable it to construct a shelter for
animals on its property located on Highland Avenue and Savona
Street (a paper street) in Salem.
Very truly yours,
ANIMAL RESCUE LEAGUE OF BOSTON
Attorne
i.
September 10, 3962.
h ,
Hermes and Edwards, Inco ...
126 State. Street, #�
" Boston, Mass. d
Gentlbmen;
With reference to your application, 'dated' September 6,.
1962; .filed in.this office Yon behalf of the Animal .
Rescue League of Boston, for a permit to erect aoIne-
story building to be used as an office, garage, and
housing,of, small animals 'in connection with the work
of the Animal Rescue League.,' please be informed as
follows . a
It is necessary for 'me to'refuse ,tionissue the permit
as ,the 'proposed use would be in `violation of Section
4, Paragraph '5 of the City of Salem Zoning Ordinances.
However, I would advise you of your right to appeal
to the Board of Appeal, who may vary the application '
of the Zoning Ordinances in certain cases.
In the event ' you appeal from my decision, it is
necessary that you deposit a check in the amount of
twenty dollars ($20.00), made payable to the, Salem
Evening, News` Company .to cover the cost of advertising,
S
Very truly yours
J.
. .. ,sY N♦. +4 Y' Pin �� Fr~ .. a � F. ' '
p�Y IdF $. TGyye •ay Y y- t ,
+ JJORscc A
�SuperinEendent of Public oper y.
F F F
Yp
September 109 1962.
pro 0, or
Holmes and Ed
126 State Street,
i Boat
� '.^ uy'n,h� I ". y .j`#� ae v,+ 4� RJ �"\i • -s'� 3 "�'"' ' p.. - - 3C.•'i • � '.
to JAC 11
ft. : i� .J a� .f:•v r ,+ gv.- .r .Ar lL,.:. v ;i1" +"Yy�(a off.yj
! q��, y'sy�f; :T t..i.+:✓, r r ..;1 !"1-.' i'T .' { `Tit, ' ('°? . • '7 •.h(•p*l ts• _
S�• r 1
•� :`r ".; 3' n vY+"w. {..`•�' '•.:g.a , 'r31.r:. pp .. .lam L v
Y`' �`¢•�. . s7 _ x._ it :!"'3 ' �� .� ,ie..l';'{• ! Ike v ...x_. d,,-,� �.
Y�`X A p�°�"Ys y .�.F'^ i.w + .,y ,a+' r.,« Qv
.. A',? rt .�V .!"nE '
e �
441 •.P.it'd, v,y, 'v'h.+.. 1 1 .�'• M
gr }y
CHU of '�$ttiem, 'fflttssarhltse##s
n FS
3' Pourb IIT ' PPpe l
s�cr�e
WILLIAM F. ABBOTT
JAMES H. SOULGER
JOHN M. GRAY
J. ARTHUR MARCHAND a
WILLIAM A. TRACY
�xlem, June Slat, zg5d
DRCISION RS; Animal Rescue League of Boston
Highland Avenue and Savona Street
This matter came before the Board of Appeal upon a petition by
the Animal Rescue League of Roston through its attorneys, appealing
from a decision of the Building inspector in which he refused to
grant as permit
to nee the above promises for the -sheltering of animals.
A hearing was ordered for June 19th, 1959 at 7:30 P.H. and notice
thereof was given by advertisement in the Salem 15vening !Jews and by
mail: postage prepaid to the petitioner, aibuttors,"the Building Inspector
and the Planning Boakd. The hearing was duly held at the time and place
designated In said nbtiees.
Richard B. Johnston, Esq. of the law firm of' Ropes, Gray, Hest,
Coolidge & Rugg appeared in behalf of the petitioner and stated that the
League has been deaiious of locating an animal shelter in this vicinity
and found the property in question most appropriate for its needs. He
stated that his client was a private non-profit charity performing
public functions in which the community had as vital interest. If the
petition were allowed, the League plans to finish construction on a
partially completed *f° silence, now on the property for occupancy by a
residence caretaker. In the rear portion of the land, it is proposed
to construct. anotber building ,ass a shelter for animals with office
space and ten kamials inside Alun five ruts malt on_each. exterior side,
of the structure an shown on plans"on file at the office -ox the Building
Inspector. —Mr. -Johnston further stated that no dogs or other animals
would be boarded on-,the premises but will be �rought there and cared
for until placed in-homes. He stated that in other locations maintained
by the League the animals have not proven to be obnoxious or offensive
to abutters or neighbors.
P
Recorded in favor of the petition were firs. Richard Seamans, rirs.
Roscoe Gould, Carlton Aetterick, John Grew, Jonathan 0. Butler and John
F. Coughlin.
John H. Serafini, 2sq. appeared in opposition to the petition and
stated that he represented Antonio Gangi, Anthony Pierro, Rmanual Amanti,
Charles Puleo and Stephen Ingemi, 611 of whoa are abuttora or neighbors.
Or. Serafini stated that the nature of the proposed use concerned his
clients who opposed a variance for the proposed purpose because of the
barking of dogs and other objectionable Features.
4 la1 T i II �TIPTCC� QTS 2TCI�TTBE
n
�9 Pear3 of Npeal
�Cpp�
WILLIAM F. ABBOTT
JAMES H. BOULGER
JOHN M. GRAY
J. ARTHUR MARCHAND
WILLIAM A.TRACY V! ,
�etC¢at[, gaols, 216t. 18._,
Decision Be Animal ttescue League Of Aonton 2-
After due tons Ideration. the hoard foond. t mt the proposed use of
these promises by Utz charitable organration rats public or quaAL pub-
lit in character and as such Calm within that exreptiOn to the aeprr4ftiOn
of the Zoning Ordinance not forth In &action No. 3 of sod ordinance.
�2ds Board further Band that %he naturar of ansa terrain contain
ipg an it does quoUtitses of ledge $a n0% mdUci'ra to the construction
o£ the typal of property required In a gatr a rn.1 .reafaienrn district and
that various types of basineaaes haxa gradually been established, in rise
vicinity. /'it ease isesdicated tbet at least two of the opponents to the
petition operate ca=erelal enterprises in the i edieste TiOinit]r.
Uany of the streets '4noiuding savicesta Street exist only tars 161 raper.
Tuo records of the Aaas seors office reveal but tato abettors to this
property,
seeause of the foregoing and because the proponod ahelter is to
b4 two hundred .and alztj few from Hilfthlond Avenue
a nd not within ane tundred mid thirty Zest of emy stiucttnre on any
abutting property* it van stated"WjjnimouS17 to ow ter the Building In-
spector to issue tree permit as roquaeaatsd. At to to be noted, boaacirer,
that the Board's action in %hies Matter in roa U,1cX ad to pernissio n to
construct a obtlter oproxisna'telT Vnirty facet loo* and eighteen fat
arid®, plus enclosed runs of 'a>gpproxina'tealy tern fa0 In length in acWorai-
aence with the plazas ;an file in the office of tha ,Aui.lding Inspector. Any
extension or f:sture anlarge=ant of the proposed Otratcture is not within
the contemplation of this decision.
431t£ D 00 A."AL
B 1�� k"A CUA-A � -A G
ale o
Bo D0
Salem;Mass.
Will give a public hearing to
tall interested persons on the
':petition of the Animal Rescue
League of Boston to erect a
done story building to be used
:,as an ofifce, garage, and hous-
ing of small animals on Lots
'353, 354 on Savona Street, at
-the rear of 378 Highland Ave-
'nue, in Salem, and asking than
•the Board grant a variance to
.the zoning ordinance. The
,hearing will be held on Mon-
',day,November 5, 1962, at 7:30
�P.M. in-the office of the In-
:spector�of Buildings, Room 7,
uCity Hall, Salem.
JOSEPH F. DOYLE,
Board of Appeal, Secretary.
-Oat.13,20,,1962.
/ ANIMAL RESCUE LEAGUE OF BOSTON
Lots #353 , 354 Savona Street, (rear of 37$ Highland Avenue ) .
Advertised in News: — — — October 13 , 202 1962.
Meeting — BOARD OF APPEAL: — — — NOVEMBER 5, 1962, 7 :30 P.M.
ABUTTERS
Lot#352 Savona Street — Rocco and Angelina Mariano S
16 Sheldon Road
Swampscott, Mass.
Lots #356 — 357
Savona Street — Anthony C. Civiello,
55 Pool Street,
Woburn, Mass.
Lots #338 — #3399
Ravenna Avenue — Zoe J. Dakos,
24 Buxton Street,
Peabody, Mass.
_ (Copies to: Board Members (5 )
Abutters (3 )
City Clerk
= City Messenger
Building Inspector
Planning Board
Ropes & Gray,,,
Petitioner (es Holmes & Edwards Inc. ,
Files 126 State Street, Boston)
Petitioner's notice sent to :
10 Chandler Street,
Boston, Mass. Atten: Mr.Carlton E.
Buttrick.
S
November 6, 1962*
MCISIOUe Animal Rescue League
y Savonafe Streate
The petitioner applied for a pormit to erect a ono-story
building to be used as an office garago, and housing of
small anima, in connection with the work of tho Animal
Roacuo League# Tho . i sod building, would be situated
on Savona treat, off =and Avenue* This petition was
re£usad by the office of Che -InWator of BuIldi- nad of
Salam# as tho,proposed wo wwAd be in violation of the
City of Salam Zoning Ordinance*
The petitioner �ppoaled #rare this dao2a9on and requested
a varaiance to the Zoning OrdinaVincaa, Section 4, Pdra graaph
5e The petitioner appealed to .:thia Board4 and on November
5, 1962+ at 7e30 g+U+ In the office of the Inspector of
Buildiaga.,. City Hapll, mating" Salem, the mating of the Hoard of
• Appeal i&4' hold pursuant to notices mailed to the petitioner,
abutters and others, and as sda6rtlsed In the Saalem, Evening
Nana on October 13 and 20, 1962.
Wr• uo Johnson the offices of Rope* and Cray, 50 Moral
Subet Boston appeared for the Animal Roac ®, and
outlined the plan of the proposed projoo The Po owing,
appeared in oppositions
Rocco end Angelina ikriano, 16 Sheldon Roaad# Swoupscott#1 Vase
Anthony Ce: Civielloi 55 Pool Streat Woburn, Masse
Zoe Je DAkoa, 24'Buxton Street# ft3ody, iQaf
After due cons$doration, the Board, bar unanimous vote of all
five me bore voting
on the grounds that he proposed variance
does not Gubl drfitiap ly derogate Prom the intent and purpose
of the Ordinance and that it would result in direct benefit
to the city of salom and that denial of the proposed variance
would create a practical difficulty and unnecessary hardohip
the eg�ceo �oroa, aiCCAorfeka7n� Ctortcif Bid gI
a
to issue said. permit aid grants Said gaaria�nceo VARIANCE O De
i
Hoard of Appeal.
Y
•,, 1 craL�ye�
i
BOORUM & PEASE ." w R" ® BOORUM & PEASE.
q
S
L
•W ° R ItB Y ! M1 {
w FA 1 •i =rd 3 a Y•t r Hi '
IR a !r a,e f '��f•a. av raR,.r'vt ik Y e b..a �.. 41i, a t sJ
T;8 ^i r '. t ., t.,. "X x f. '.. iW�!i• . .. bt f Y L 'AA .}.i. '.:%Y
y r rS.r . Yii�. .8 r8a1.+ 'Ya Yi { x fix.a. 'v. xt:8 *# Yti=v •®•�.
4� � iF ..q.2 i iS P.-.• ¢i 1 f .1 Fx { ,
4.j.a 1 N 1
a . sc sri-:xL � yt
Y. Y ,. 2 i+.8 t 4: at- �. i3:. ¢•6 s'#� `'♦ 4 6Y^ - "M1 * d � #. . .
x ♦S F}N a ! H".;F.,a#t : 'e. . 6 Fl ..�Y.. Yy e.t,.q ;, cs A Y SW. n
+ v ! t. R1� 3 ♦, R' '.. v i t y# 3 T.a Oa ta . .�. # ef.. a
♦ r} r.F� .} �.� R�:a f '. i t c w .i'. :#* x f : + f + .�s '. A:�
c i a 1 a • i.-- ` y i y x,fr s i # X'F.S ".q..' iW"4 � + t
- 4 1e `F z . : + ♦ ti..� 4 f.i Yr tK } } r z '. ' ' #'L .J ;' �
a •
Public PrupErtg Pepartment
. '�a^�� �uil�ing �E�Jttr#mEut
�Jalln �J. (®'gaurke, Supt. September 21, 1962.
�Raam 7, 1ERV all
Hon. Board of Appeal,
125 'Washington Street,
Salem, Mass.
Gentlemen: Attention - Mr. Joseph Doyle, Secretary.
Attached is a copy of my letter dated September 10, 1962,
addressed to Holmes and Edwards, Inc. , who have filed an
application in this office on behalf of the Animal Rescue
League, to.rconstruct a new building on Savona Street, off
Highland Avenue.
As stated in my letter, it was necessary to refuse to issue
the permit as the proposed use would be in violation of the
City of Salem Zoning Ordinance.
Also attached is a copy of a letter from Ropes and Gray,
appealing from my decision on behalf of the Animal Rescue
League of Boston, in,rwhich they request a variance to the
Zoning Ordinance in this particular case.
Enclosed is a check in the amount of twenty dollars, ($20.00)
to cover the cost of advertising.
Very truly yours,
JJOR:cc
Encl. n pe o of Mi Ings.
P/$UTTERS - - LOTS #353 and #354 SAVONA STREET.
#352 Savona Street - Rocco and Angelina Mariano,
16 Sheldon Road,
Swampscott.
#356 - #357 Savona St. - Anthony C. Civiello,
55 Pool Street,
Woburn, Mass.
#338 - #339 Ravenna Avenue - Zoe J. Dakos,
24 Buxton Street,
Peabody, Mass.
Lo
#32 ' Rocco 'an d Angelina Mariano
16 Sheldon Road
Swampscott /
#356 - 357 Anthony C. Civiello R
S� vr✓Q4 55 Pool Street l.,
Woburn
#338 = 339 Zoe® J• Dakos
24 Buxton Street
Peabody
_1
7' 3a N'
'""'' �-�- "�'fi'^^� °� ��� �. �•�,z sal r-c +-ems
Tc> Z - 0 4rv�n
y 1)4 6
b 1 I I Le-
4 � �
� 3 s —
\
` � e
�ttlrin �xw,�. ��thlisl�iitg @inmpttn�
"News Advertisements
Get Results"
155 Washington St. Salem, Mass.
N0. L
J I j71 V Date
Name �•��
Address � Is'*1Ir131}.'.`r°'d�" • �r'tl f �( '
ADVE/RTI/SINNGG SUBSCRIPTION CHECK M.�0. CASH
FOR SALE TO LET WANT PAPER SALES MISC.
DATES ITOi RUNN INCHES TIMES PAGE PRICE AMOUNT
/+
2-
CASH SALE ON ACCOUNT
/f A/ Amount Recd
Remarks: C isc't
Agenmm.
�d^`yf Total Credit f "�
Received by
�I6YI6-AAiAR CO8rOR11T10X.X8WlOXVILLE.M.VOACNY66T}6
,' -T �:
i
BOARD OF APPEAL
Salem, Mass.
Will give a public hearing to all interested persons
on the petition of the Animal Rescue League of Boston
to erect a one story building to be used as an office,
garage, and housing of small animals on Lots 353, 354 on
Savona Street, at the rear of 378 Highland Avenue,
in Salem, and asking that the Board gr nt a variance
to the zoning ordinance• The hearing ill be held on
Monday, November 5, 1962, at 7:30 P.M. in the office
of the Inspector of Buildings, Room 7, City Hall,
Salem.
Saturday, October 13, 1962
Saturday, October 20, 1962
oar of Appeal* ec y.
-
Al�E-,V No
� S
3,1
. . � c`�oo =_�0d0 o � 6° �y' Lyb� - � - sOA� - ,rya • Spm .DI�' a-'.
gyp\ O 63.58
yb
o• .$ !zi -
,•
W
LAi c, //6.33IS
A � Niq
4�'F .. _ 'nFf� �o L4� _ c+ �. •• st 6t``f _ '°..r .p ; � o �R<j $ 19�`I .$�o� �"6. ,,
9 o 5000 C. 1 160.00 00
oo s 00 X00 m �I .60.00 60 a o 21341 DOo� 0869 - -.
do .rood IC0.00.-�yc ,I' 24'j01
JAYO'tl/1 _ 50.88 30.88. n� CL9�t' .• *-
mAVe
O
5327 5327
f
BAPCELLONA `Fy
.j
. .- r.'•: See .Sheet, No. 4 - !'.:.•,.
t 'f SUBDIVISION PLAN OF LAND IN SALEM
`1 a ei SHEET /.
* Scale 100 feet to an inch
DEC .16) 1926 s
Thomas A. Appleton, C.F. -
i'
Merger of Lands in'•Coses No. 11.802 & 131
RARCE--Z
NA
S//0 AV,�rNUE Y
N. 236
/0000
�M .
! od C
�'„
I mea
asoo
.1 v
�xr i 1 ',> : b 23
,
E. e ?39kk4,
.
7/9 a7 $ Q
Z W o.
240
.?/600 -
{
F V
W , ?4? a
1 243 r
a
2/0./Pv r
244 ,.
a z0y y
08.31}}
247 ZZ
r � . _ .. ;h p - 20237 � � .� G•:. i
F/� $" z06gy
9
24g. z o
99q45
Sp
o 11X0,7
pr's m
9 ' p
0
� a
J,
u Separate certifi ates of Title may be issued Copy fieQ, it,ofp/an
I , g � —fi/ed in --
"
for .....^ .. 7/�__.1A�5 :_.:.___.__ as shown hefeon LAND REGISTRATION OFF/CE
By the Court nd a She A7 3h 6 me DEG.14 1928 •.
Scale of this plan f00 'feed to an inch
J C.B.Humphrey, Surveyor for Court
- cca on .09L PPAIYtPf
September 1G, 1962.
Homes and Edwards, Inc.,
126 State Street,
Boston, Mass.
Gentlfinen:
With reference to your application, dated September 6,
19622 filed in this office on behalf of the Animal
Rescue League of Boston, for a perm;t to erect a one—
story building to be used as an office, garage, and
housing of Small ani
follows; mals in connection with the work
of the Animal Rescue League, please be informed as
It is necessary for me to refuse to issue the permit
as the proposed use would be in violation of Section
4, Paragraph 5 of the City of Salem Zoning Ordinances.
However, I would advise you of your right to appeal
to the Board of Appeal, who may vary the application
of the Zoning Ordinances in certain cases.
In the event you appeal from my decision, it is
necessary that you deposit a check in the amount of
twenty dollars ($20,00), made payable to the Salem
Evening News Company to cover the cost of advertising.
Very truly yours,
rrr:, rDnr.rfi I+� D
JJOR:cc
-74
?R: , g
Ropes Q1ssr
80 PrZOERAI STREET
BOSTON,10
_ osOu .eewus'kOiCiwA�p�4^
t[1sMtOkt /MNC.ypf tt-�N
September 19, 1962
Board of Appeals
City of Sales
Sales, Massachusetts
Gentlemen s
The undersigned Animal Rescue League of Boston hereby
petitions for a variance of the Zoiiing" Ordinance of the City
of Sales snd states that it is the owner of certain . parcels
of real estate located in a single-family residence district
on )Highland Avenue and Savona Street (a aper street) in Salem.
The description of said parcels is as fo lowst Lots #2339 234,
2359 2 8 2399 240 241 3 53 354, and 355 as shown on Leal
l7re a attached hereto.
re clan For
Sheets $ and 2. copies of which
are attached hereto, fs+r petitioner's title, referoncs spay be
had to Certificate of Title No. 23618 issued by the Susi$ is-
try District of the Land Court for Rssex County and to a di
fres the City of Salem to the petitioner dated August 279 1962
agar entered as Document wo. 1026W and noted on Certificate of
Title leo. 8030 issued from said Registry District of the Land
Court. Said property is just ane lot removed from a business
district as outlined on the Zoning Xap of the City of Salesj'
1955.
R.1,01and Avenue runs approximately from east to west,
wed-ately to the west of the property of the petitioner
*bare is in area with approximately 101 feet of frontage on
Said Highland Avenue which, although zoned residentially, is
Cr! asent being used for picas,Q tables for the abutting dairy
. ContUming west an Highland Avemov there are several
lots with UPPrcximately 300 feet total frontage which aro
for bUTineos WA are being wed as a dairy and dairy bar.
Aems 310aand Avenue from the potitiosaarts pprrro+p�rty the on-
tire stretch of Highland Avenue is zones for bueimoss WA
BerOss Highland Avenue just east of the petitioner's had there
Is a used-ear tat.
On the petitioner's side of Highland Avenue to the oast
Of Pet?tioaer's land S stretch of appyoximately 1,000 feet is
rt i r tf ry ^ ,{qrt"W
.�kikon is' -•l.�p 'Axl y"fsr�' tt„k�w4
'{w.k .fit +. i,,ry{ lY Y +� i Lry yS'
a . } r ��'. ✓'kei.. Y Y' Y.` L ��;y^R4—" 'kT' 's'b +� ,a}
.. ' }i 1 ✓ Y` 0 Rs[M`"' x �. r a'#. �a x" 'r r # •*}n4T! W .R�sarz z, t'ku(AfG Oji.
xtw_. "k;^'fi*�' .w.t 1': . wk�
a
toard of Appeals -2- September , 1962
zsomed residentially and is presently being used for hones.
Hoginning east of this stretch and continuing east for up-
proximately throe-quarters of a nil* along Highland Avenue the
area is mond for business. See Zoning Map, 1955. The property
itself is principally a rocky ledge. Those are conditions
which especially affect the petitioner's property but do not
affect generally the zoning.
The proposed use of this property is of a public charitable
character. For this reason, and by reason of the general nature
of the neighborhood, desirable relief nay be granted without
substantial detriment to the public good.
The nature of the Lorrain mates use of the property for
other purposes impracticable. Its location in a residential
district in smch close proximity to a business district stakes
It unlikely that it could be sold for development as residen-
tial property. To deny a variance to the petitioner would,
therefore, involve practical difficulty and substantial hard-
ship. See Zoning Ordinance, Section 178.
Section SAM of the Zoning Ordinance specifies that
property located in a business district may be used as the
"Place of business of . . . Animal hospital." Since so much
of the abutting property is used for business, a variance may
be granted by the Board without substantially derogating from
the intent and purpose of the ordinance. Zoning Ordiawkc*,
Section 178.
The petitioner, therefore, respectfully requests that the
Board of Appeals of the City of Sales grant 1t a variance of
the Zoning Ordinance to enable it to construct a shelter for
animals on its property located on Highland Avenue and Savona
8traet (a paper street in Bales.
Very truly yours,
ANIMAL RES= LZAGUN OF BOSTON
� V
Attorne
ROPES & GRAY
50 FEDERAL STREET
BOSTON 10
CABLE ADDRESS "ROPGRALOR" TELEPHONE HANCOCK 6-9214
September 19, 1962
Board of Appeals
City of Salem
Salem, Massachusetts
Gentlemen:
Enclosed please find the petition of the Animal
Rescue League of Boston for a variance of the Zoning
Ordinance , and a check to cover cost of advertising
in the amount of twenty dollars ($20) , payable to
the Salem Evening News .
Please advise us as to the date and place of
the hearing.
Very truly yours ,
ANIMAL RESCUE LEAGUE OF BOSTON
By av-/) �L2
Attorneys
Enclosures
r
November,2$,� 1962.:'
�Jos. .J. 'Doyle,,'
Secly. :i
y`" pa t
I. Councilor Leonard A. Cawley,
City Hall,,+
..5alem,'.Afass. v
� Mr.
Dear �•5x'. Cawley4«
Thi$ will !acknowledge receipt of your _letter 'of
V November 15;,`19629 ,relative to the z3ning variance
.'in the:,matter of the petition of the ,Animal. Rescue
L-eague to erecta one-story building -on; Savonas Street.
;As you know,'= a hearing was 'held on this petition on x
November 5. 1962s, after notice of the. hearing' had been,, .
published,, in Salem Evening Ne on October 13 and ,20. ,
'All abutters were notified of this hearing, .and ,all
+ = ' attended: '
y T will let- you know latero 'thefdate when you may
meet with the memberswof theEoard of Appeal to dis .
3.w cuss .this ,variance; a
Very- truly your
t N 'ri. I' tT y i 1 ir4
dJD:cc
{N � I
ILES
BOARD of APPEAL
Salem, Mass.
will give a public hearing to all interested persons on
the petition of W10 t� tA2Vt'X* Of
poa= to =Wt 4M OW VUVY bWUUJ23 to
b* =cd lea[ b4=ua
ar*%j, J:t J:» tba.r*,V OX IMCPI=d Ave=w
and asking that the Board grant a variance from the
application of the zoning nd°Feb-nitditg-ordinance(s).
The hearing will be held on
at 7430 P. M., in the office of the Inspector
If. Buildings, City Hall.
Application and plans are filed in that office and
can be examined.
BOARD OF APPEAL
ByJcccvbJw D07167
..
Secretary
By order of
The Board.
�.
��
� �� .
�,,,� 5--��-s6,
i3y fez ysi
NAumKEAGTRUST Com NTY
DEPOSIT TO CREDITOF
SALEM,I IAS S. J
i`e
ED
61"'ILE 101 ODORILID1 ��NEAIUJAI-IIT 1.-11 OR ED:`•'•'^""'°""'•","`�"."' DOLLARS CENTS
BILLS-
SPECIE-
CHECKS
ILLSSPECIECHECKS
#352 Rocco and Angelina Mariano
16 Sheldon Road
Swampscott
#351( - 357 Anthony C. Civiello
55 Pool Street
Woburn
#338 — 339 Zoej J. Dakos
24 Buxton Street
Peabody
After Vdays, return to
CLERK OF THE COURTS
Court House - � uln �J � • `—
SALEM, MASS. ,J I.IN
�S55 --
Board of Appeal
Salem, Masa , �Y .
6
4a'It
��,a r
a �
Ln \
�y a.
dna/
I ozJpo!
Y g
i— .1»..• a d rs- .a 6: - + i # t . k a � r . a� s ,f
} i M# 4 a,. a R ♦ ! a +Y s-# 7 9 's• # •u t Yi s
s . a R ♦t a i t R s a i • • t
.� # ♦.:. k.a r. 1• ♦aa: Rrvi o- � i ra-t >}'a ♦ •
z. M a. • # .. 1!-i 'aR -. t.. # R ! k .z .e- fife r ib i F
ROPES, GRAY,GRAY,,,,�BEST, COOLIDGE & RUGG M #,
1, 1954
bme ' on lit4p un, M30 Pert *I*.r"1".s t
,also lcpwtaut. to uould mrb protto3 thorororo not 1MV0
to d arox*oo our ri ats by m pouf far ao writ cam' mWd=;
W4�030" Odu= f0t a ==Mt tUat T iU *W ftgbt
J a"., "at vittom voles bt or plu'$14too to the rioxto
3 � ram tint u � t w bmr w e uxv
4 .$",oAaa an . wt o r V= to
very trw�'v yo=vt
w *� AMR=
Ay
{
ROPES, GRAY, BEST, COOLIDGE He RUGG
50 FEDERAL STREET
BOSTON 10
TELEPHONE.HANCOCK 6-9214
CABLE ADD RES S-ROPGRALOR'
October 7, 195+
Mr. William A. Tracy
Smith Street
Marblehead, Massachusetts
Dear Mr, Tracy:
In accordance with your request I enclose
a copy of the pleading in the Animal Rescue League
Appeal,
Very truly yours
MMS/mgc
Enclosure
' poxxq�4
��` °•., Ctu of '* em,
d
Public Propertg Department
�/xxExxN �nclbfn� �epartmervt
Pow 7, (QQfg pall Sept. 24, 1954
Mr. William A. Tracy
Board of .Appeal
Salem, Mass.
Dear Sir:
Having in mind that you are interested
in any further developments regarding the petition of
the Animal Rescue League to locate on Highland Avenue,
attached is a copy of a letter received in this office
from Attorney Philip J. Durkin, for your information.
Also inclosed is a notice from the
Superior Court pertaining to court case to be held
Tuesday, December 7, 1954 which I assume you will want
to forward to City Solicitor James J. Bradley, who I
assume, will defend the Board of Appeal in this case.
Very truly yours,
r
Onspeor o idings
JJCtR:LD
Copy to City Solicitor, James J. Bradley
C 0 P Y
September 21, 1954
John J. O'Rourke
Building Inspector
City Hall
Salem, Mass.
Dear Sir:
This will inform you that I have this day
filed in Essex Superior Court an appeal in behalf of
Anthony Gangi and others from the decision and order of
the Board of Appeal of the City of Salem regarding the
petition of Animal Rescue League of Boston for a variance
of the Zoning Ordinance in the vicinity of Highland
Avenue and Savona Street.
In view of this appeal, I respectfully request
that you refrain from issuing any permit to Animal Rescue
League .of Boston, pending the final determination of my
petition in Equity in Superior Court.
Very truly yours,
(Signed) Philip J. Durkin
y.g�tAM1JT
of �salgra' cfflassarlC tse##s
m
,s�P�A�y
l !
oarb Y4 &A4W
NfME l
WILLIAM F.ABBOTT
JAMES H. BOULGER
JOHN M. GRAY
J. ARTHUR MARCHAND
WILLIAM A.TRACY
DECISION M. An1=1 1Reccue 'Loague of Boston
Highland Avenue & Savona Street
This cans originally cameo before the Board of Appeal on Mine 140 1954
upon the appellants petition aeppealing from the Building Inspector's re-
fusal to lacus a permit to use the above noted premises for than chartering
of animals, In written notice of refusal, dated Ual a3, 19540 the Building
Inspector stated that the prop000d use of this property would be In viols-
tion of the City of Salem Zoning Ordinance and in his opinions would be
injurious, obnoxious and offensive to the neighborhood.
By decision dated dune 21, 1954 and tiled in the office of the City
Clerk, the Hoard overruled the Building Inspector and ordered the permit
to issue. the .Building Inspector requested an opinion in uritina from the
City Solicitor as to the legality or the Board's decision and under date
of July 70 1954, the Solicitor ruled that beceuee of certain procedural
technicalities, the Board's action might be successfully attacked in the
courts.
By letter dated August 4, 1954, the League, through its attorneys, re.
quebted the Board to hold a second Bearing. Acting an this request, at a
meaFtin& hold at City Ban on August 9, 19543, the Board, with all members
present and voting, unanizo=17 voted to ardor a second hearing to be hold
August E"S, 1984.
In conformity with the lav, the Board =gilled, postage prepaido season-
able notice of the public hearing to the petitioners, to the owners of all
property deemed by the 'Board to be affected thereby as they appear in the
currant records of the Assessors• office, to the Building Inspector, to
the Flanning Board and to the City Solicitor.. notice of the public hear-
Ing was also advertised in a newspaper published 'in the City of Calera, to '
reit, `The sales Evening have", on August Ids 1954.
The hearing was duly bald at the time and place designated in said.
notice, all comberfs of the Board basing present.
Prior to hearing from the propoft nta and opponents, Chairman John it.
Gray reviewed the record of the case to date.
Richard B. Johnson, Esq. of than law firm or Ropes, Grasy, Beat,
Coolidge and Bugg appeared for the petitioner and identified h1twolf as
the writer of the request for a second heaarins. He reiterated that, while
-2- 0 .
City of Salem, Massachus=etts
Board of Appeal
he believed the Board's first decision was according to law, he was of
the opinion that this second hearing would overcome any doubts express-
ed by the City Solicitor. He stated that under Section 3 of the Zoning
Ordinance, his clients had the right to use the premises as proposed
and that the Inspector's refusal to issue a permit for such use was
erroneous, He further stated that in the instant case, it was manila.
tory for the Board to overrule the Inspector inasmuch as this matter
did not involve discretion its in the case of a variance. Hr. Johnson
Indicated that the League's plans remain as stated at the original
hearing, i.e. , to finish construction of a partially completed resi.
dente for use as a caretaker's home and to convert another building in
the rear portion of the land for use as a shelter for animals with
office space and ten kennels inside, plus five runways on each exterior
side of the structure as shown on plans on file at the office of the
Building Inspector. Hr. Johnson said that in other locations maintain.
ed by the League, the animals have not proven obnoxious or offensive to
abutters or neighbors and that no complaint was ever made concerning
the shelter located for a long period on Franklin Street in Salem,
Eleven persons were recorded in favor of the League°s petition,
Philip J. Durkin, $sq. of Salem represented the opponents consist.
Ing of abutters, neighbors and owners of nearby property. He stated
that his clients were not opposed to the work of the League, but were
oppoged to the League conducting its business at the proposed place,
He said that this area was largely settled by people who had invested
time, money and energy in developing the neighborhood and the creation
of an animal shelter in this spot would be detrimental to their best
interests. He further stated that the property in question is zoned
for General Residence and that the proposed kennels were very near to
buildings of two of his clients. Heiaverred that the Animal Rescue
League did not come within the exception set forth in Section 3 ,of the
Zoning Ordinance and that the Board could order or grant the permit
itself only by virtue of a variance based on a hardship. He further
alleged that the proposed shelter would create a nuisance in the neighm.
borhood.
Twenty persons including City Councillor Thomas F. Tighe were re-
corded as .opposed and a petition containing names of those who objected
was filed with the Board.
After hearing all the evidence presented at the public hearing held
on August 23, 1984 in accordance with the notice and advertisement afore-
mentioned and having listened to all those present who desired to be
heard in favor or in opposition to the petition, the Board found that
the Animal Rescue League of Boston was incorporated March 131 1899 under
Massachusetts law as a charitable corporation "FOR THE FURP08E of es-
tablishing one or more refuges for, and the rescue and relief of suffer-
ing or homeless animals and any other charitable or benevolent acts for
the welfare of animals" and that the proposed use by this non-profit,
charitable organization, performing functions vitally affecting the
Public welfare was a use by a semi-public organization of a charitable
City of Salem, HassacAlltts •
Board of Appeal
character expressly permitted by Section 3 of the local Zoning Ordinance.
The Board further found that the proposed use would not create a
nuisance or be obnoxious or offensive to the neighborhood because the
nature of the League 's work was not in and of itself offensive, be-
cause the number of dogs that could be cared for in the shelter would
not exceed ten and because the location of this shelter, situated in
distance, approximately two hundred and sixty feet from Highland Avenue
and not within one hundred and thirty feet of any structure on any
abutting property was sufficient to set the shelter apart and prevent
annoyance to Others.
F.
auThe Board further found that the nature of the terrain in the
vicinity being of uneven topography and containing as it does large
quantities of ledge is not conducive to the type of construction usually
required in a General' Residence District and that various types of
businesses have gradually been established along Highland Avenue.
Before arriving at the above findings, the entire membership of
the Board visited the premises and took a view of the petitioner's
land, examined its location, layout and other characteristics. The
Board took cognizance of the fact that in the two other locations with-
in the city where animals have been or are now housed, no complaints
of nuisance have been made.
The foregoing findings were unanimously made by the five Board:
members all of whom were present at the hearing and on the view of the
premises.
On a motion made by Mr. Abbott and seconded by lir. Boulger, it was
unanimously voted, all Board members being present and voting, to order
the Building Inspector to issue the permit as originally requested,
subject, however, to the same restrictions noted in decision of June
21, namely that permission is only for a shelter approximately thirty
feet long by eighteen feet wide plus enclosed runs of approximately
ten feet in length in accordance with plans on file in the office of
the Building Inspector.
BOARD OF .APPBAL
SIGNED September 7th, 1954 ( l
,VAA
.w _�_I� 1
B 0 A R D O F A P P E A L
�JV SALEM MAS S
will give a public hearing. on an appeal, to all
interested persons on the petition of the Animal
Rescue League of Boston, seeking a permit to use
the premises at Highland Ave, and Savona St: for
sheltering of animals and to erect a new building
for the same.
The hearing will be held on Monday. August
23. 1954 at 7:45 P.M. in the office of the Inspector
of Buildings. City Hall
BOARD OF APPFAL
By William A. Tracy
August 16.1954 Secretary
lb' ro� a e e oon
Clt# of �$alera, Aassadjuse##s
,s w Paurb of �kpywf
WILLIAM F. ABBOTT
JAMES H. BOULGER
JOHN M. GRAY
J. ARTHUR MARCHAND
WILLIAM A.TRACY
Mr. John J. O'Rourke
Building Inspector
City Hall
Salem, Massachusetts
Dear Mr. O'Rourke:
Confirming telephone conversation held
this date with a representative of this Board, please be
advised that the Board of Appeal will meet on Monday, August
9th at 7:30 P.1[. in our office to discus[ a communicationreceived from attornys for the Animal Rescue League of
Boston.
if you so desire. You are invited to attend this meeting
Very truly yours,
WAT•C
Secretary
t
ROPES, GRAY, BEST, COOLIDGE & RUGG
50 FEDERAL STREET
BOSTON 10
_ TELEPHONE,-ANCOCK 6-9214
CABLE ADDRESS-ROPGRALOR- � \�✓ y ds ♦ 4 rypy .
,Board of Appeal
City tall U
Salem, Rassachusettas�
Gentlsamon.
The Clty7 :3olioltor has "grossed doubts, based on the
casa, as to the—legality of youer deaci.rtlbN dated dl
dunwo 1.9 on ta'e appeal of the Anir*I Rescue league of Boston
from a denial by the Building Inspector of a permit for prersl.aseas
on Highland: Avon= and Savow Street.
We are satisfied that your decision vas wall founded
and proper, The property is located in a Erol. Residonca Dis-
trict in utdoh a "public or semi-public institution of a . .
charitable . oh4racter,4 is =pZAag3j permitted, You have
found (and you :could lately etc+ otherwise) that the LeaZua Is a
charity, public or quasi public in nature. It uas tbarefore the
statutory ditty of the Rui.ldi n Inspector to grant the permit,
and his action in doA7jng it vus "palpably Invalid," To have
failed to reverse bio Mould likewise? rave boon error.
v.
� 0 V43s, 107 (MaSS.adv. . 1953, ro 315)
The sttr#.*t rotra razaantas of the AWMX= case cay be
spprcapri€ata stttaa2itua invralviri di rotioc� action of
tics Bcaterei axat ire sn iieaata3ea ordizaasacs is �arieti
on grounds
of b tds8lp. l tusra aR1 t i3 iazvnlvad Ss a si plea datea4ca3ua-
ti:act that the ord3s dotes . ►t aapply, the ru3ca of the � I
oa pz educes ran obatu'r3fisr if ap l.led. Clearly the+r+af4rar, it
casaAtat prat to be
awl e"d. A s,i 3nri.ty su it to, 3u€"P3caa to
render a doolsion t t ib ,; �.
yur r=—v4t., the fift . y appeal period has expired,
reo.
atsSoudo btless �aararey Lhs leu�wl i» xasliarxtce can your de-ora, yo itrcaceadtea prc2aaSes thio prmpery fora substaxttial
bithratat rt Yrailctint ptsroita Lho property Deo cif noIr't tea the ltza$t mer the
aeet cirGut tea K.00 it Stens umon-
xcianablc Yeti thes Dui3dlaal Znspactex tea �uastion your deaiSicst.
tiltg tbo eaxpiratio
of the etppeatI �Ieriod it i 3 iaigh3 y doubtful
Chat he has tics r3�tt to do otic.
ROPES, GRAY, BEST, COOLIDGE S RUGG.
Board of tVp0aly Sale=,, 'Massachusetts -2- August `O, 1954
.Hmmver, the Leaguo t like other charities, does not
have excess fumis to expend oft litigation, The tim al*=nt Is
also lm:mrt at. We would much prefer,,, tba"fore not to have
to enforce our ri is by a petition for a writ ;I rda ,
Without comading for a stent tAiat there is any doubt
whatsoever as to thevalidity and propriety of your doci#sion of
Juno 21st and without waiver of or prejudice to the rights
created Uo;;,hy', and by they expiration of they appeal period,
we respectfully request that you order another hearing, We am
confidant that your decision on a then haar;9 will he :the sane
as before, of comrsa, &did that should settle the City Solicitor's
douhtet.,
very truly yours.
BY ROPES IGR"I'BESTICOOLMGE & RUGG
.`10
`D
July 7j 1954
John J. O'Rourke, Superintendent .•
Public property Department .
City Hall a
�, ,, ,,�•Sslem `Mass°Achueetts��' �:��:.-�.���--s M. . �-�,t� .��-� .��a ,:a-:;
a'
Dear Bir :
You have asked my opinion as to whether the Board of Appeal
acted within their rights and in accordance with law in granting a
variance of the zoning law in the case of the Animal Rescue League of
Boston pertaining to a lot of land on Highland Avenue and Savano Street
In the City of Salem;,
-I call your attention to Chapter 40 Section 30 of the• General
haws which covers the appointment., jurisdiction, authority and procedure
of Boards of, Appeal. I call your-attention to particular parts of said
Section 30 nksoly paragraph three of, said section which:-reads as follows :
"The board sball ,cause to be made a- detailed record of its pro-
cedures , showing the vote of-:�eaoh .membor upon each Auestion, or, '
It absent or failing to vote, indicating such fact, and setting
forth clearly'the reason or reasons for its decisions and its
other official actions, copies of all of which shall be immediately
filed in the office of the city or town° clerk and shall be a public
record, and notice of decisions shall be ;mailed forthwith to parties
in interest as hereinafter designated."
= f alse.call your,.--attention Ao-that�paragriLph.iil4,said,sectlou.-wbLich�roada,,,.
n as follows :
"The concurring vote of all the members of the board shall be
necessary to reverse-any order.or decision of any such adminis-
trative •official , or to decide in favor of the applicant or any
matter upon which it is required to pass under any such ordinance
or by-law or to affect •as►y variance in theapplication of any such
ordinance or by-law."
I also call your attention `to the provisions of said section
providing for the appointment of associate members of the Board of sppeala
with the right of associate members to act in case of vacancy, inability
to act or interest on the part of a member on said board. l .fiad that
one member of the board was absent but be was contacted-by phone., in
this regard, I refer you to the case of Sesnovich v. Boston at' 313 Vass.
393: In this case the Supreme Court ruling on the zoning law of the City
of4Boston which is almost identical with the zoning Ism governing the City
of 'gales said that the requirement of the presence of the entire membership
of the Board of Appeal could not be waived by the parties ipterested` in
the matter as it went to the jurisdiction of the Board and not to more
procedure. 41
t6 . '
Page• Z
I feel that where the statute-providing for associate members
and,�the concurring vote of all members of the Board means that all mem
berg shdbld�be in attendance at any public hearingpzrtaining to a
variance of`the zoning board conducted by the Board.. Iluote also that
the decision does' not contain any detailed record of- the, Board as re-
quired by the statute. , For this reason also it maybe subject to attack
In the courts. In answer- to your question, it is my opinion that the
decision of the Board of Appeals because It lacked,urisdiction due to
the absence of one member. is null and void and might tie declared so
feel that because the decisi Mandamus to Superior Court . I also
�,. n application ;dor a Writ .of� , _
0
x R' on does, not contain "a detailed record of
the Board's proceedings it might be reversed on appeal to the Superior
Court.
L call your attention to the tact that any appeal in this
case must be tiled no later than Jnly 99 1984 which is fifteen days
from the date on which the dociaion was filed with the City Clerk.
Very truly yours ,
City Solicitor
.r --:.:: .'t•. »',.1:.-- r::: '3..? .$ �:yr wr*-, �"t'' �i«�.ws—•."'"aye. f*1:,:.. " i+�"mT'.`.,^iSL^.'+ :sv�i '" :"''-.«er,.r, 'i.. .r�.. rte.:,. _.
JJB/td .r
7a / ,
J"
:y
Gs'
a
�t^ u z z n3 fngta It c �sakbt'vc xra> u* xs �#� cn-wtl - suwd
burn iic tarl,t jnsotf b'Taw QA,j $0 a'x'. Ota -CIA %ru O)OV ��t1�tu011ao all., ty 1,
x O trate �v t i ":.)YI "b X Et; '4 r.� mfo :�R fl a>3 $� Al -sd
c as t'llel deo bol*a3n?ty4o ,zsasairs 400 ruoh roirtf=b ad:-`
:t sst a :51 -,4ptduc d -tw si watt, nowmx off t 'ta,' .t�tuf;clt9 t,44ycr twkpvp
CAI JA112 notal,10 -4,v4it 11 4r.b t-�rstr >ivay al torr= al ,OJTu,*D Dry,; uk
d wh mi;tO,$f U-rp Owm.t 12 Oc rsauicf 4>;e c s. C+ 6 €s: elf. 'fu ac,,,.fa 0
n 4n s f �n4 + ^tt srf:fia �rsr. U0.4 f¢��ay��!! {{y}f�;yyUpMI by f `fp0;y},.1:� Oao to y�. v� _: wis
`�Y.Ai` W, Y % Iu M+�4.<M� A :#�.��M Ab—tlh•pi#f-zigp, Ar ,p
thoa ;kO I Fat U ie4Sol j i vj -,;)I
a'=X cetG7'4"s' #{.i :�P�w..itS '. c'3kfsfw�` 'JCd`lif 'dFi`1`l:3£5 ;!�
esq'4i ,Yi13 s�,} ffaf� r xM' �`i vft5 rsrjS 16$el Oct, ),wI1i. qG it! it"*
.x":gtl yss: Osis 4,tf j 5t. f t .:O 40.6,�I.*Zb -,d3 111.+..* r.0) 7::b fwi4 Ato-Ol
i
Ali '
j
t
C 0 P Y
June 24, 1954
Mr. James J. Bradley, City Solicitor
Salem
Massachusetts
Dear Siir
Attached is copy of Board of Appeal
decision pertaining to the location of the Animal Rescue
League bwtween Highland Avenue and Savona Street in
Salem.
Will you kindly let me have your opinion
in writing, as soon as possible, as to whether or not the
Board of Appeal acted within their rights; and in accordance
with law, in granting this exception.
For your further information attached is
copy of my letter to the law firm of Ropes, ray, Best,
Coolidge & Rugg who appeared before the Board of Appeal
in behalf of the Animal Rescue League.
Very truly yours,
I
ec�o-
f Buildings
JJOtR:LD
+�►+ �►, 1'154.
Bopsas �", mat, Coolidge 6 Hugg
lsdsrial. Stl"ost
Boston ids k€aoa.
psntlssent .
A decielon dated Juno 21, 1954 has been received
^` in this office in which the Board of Appeal granted an
eacaption to the LoainS Winancs to 41M the Animal Rescue
Vague of Boston to loeats on Highland Avorm in Salem, hoes.
Rmovers before a psranit is #seusds it is
necessary to obtain an opinion from the City sou"tar as
to whether or not the Board of Anal acted within their
rights, according to lasts in smiting this *=option,
As goon fur this opiision is reooivod firm the
City Solicitors r wM notify YOU as to etbether or not this
office is authorised to issue the psrmtt.
very tndr yowas
uspsotor of Builunp
JJt1tRtL'D
Copy to 14ayor Pranois X. Collins
City Solicitor Jame J. Bradley
William Tracy
� 1
4�OOxo14(Q
Tug of §�ttltm, Massar4usrtts
2 �
•. � : Asnrnsnrs' (®ffirr. City Mall
Y
May 19, 1954
Abutters to Lots 238-239-240-241 Highland Ave-- Federal Heights
Betti
Location Name Mailing Address
Lot 237 Highland Ave Dichirico, Emma etali S641
Humphrey St
ampscott
i
242 " Puleo, Charles 57 Hathorne
235 " Joseph & Lina ,Betti 82 Preble St C--"
P ' Boston
The Betti lots run through from HIPIgnd Ave to Savona
Street, so there are no abutters 11 a rear.
If Joseph & Lina Betti are the same people as Joseph & Marcella Betti
then Antoinette Nally Cangi 226 Barcellona Ave. , Salem is an abutter
of the Betti property. But as the letter from the Animal Rescue League
makes mention of only property on Highland Avenue and. Savona Street,
assessed to Joseph & Marcella Betti, -the abutters have been listed
accordingly.
s
ofS�C� �z�stu� sek�
d
_ �nblic �rn�rer#g �epxr#men#
e r tYo
sMOa+'
uili7in� e�xar#men#
Pv m 7, (Mg P11
May 11, 1954
Board of Appeal
Salem
Massachusetts
Gentlemen:
Application was filed in this office, dated
May 5, 1954 for a permit to use the property now owned by
Joseph and Marcella Betti, at Highland Avenue and Savona
Street, for the sheltering of animals by the Animal Rescue
League.
Copy of my letter dated May 6, 1954, in
which I refused to issue the permit is attached. Also
attached are copies of two letters dated May 7, 1954, one
of which is addressed to the Board of Appeal and the other
to this office, in which Ropes, Gray, Best, Coolidge & Rugg,
attorneys for the Animal Rescue League of Boston, have
appealed from my decision.
This matter is hereby respectfully referred
to your Honorable Board for further action.
Will you kindly notify the applicant direct
to forward the necessary fee to the Board of Appeal, to cover
cost of advertising. _
Very trUA yours,
pec ffJf'
ildings
JJOIR:LD
ppN01 4
irk Q
,p4a ('fitly of #alrm, Massar4usetts
� 3
w
' Asaessars' Offire, Cnitg Mall
May 19, 1954
Abutters to Land of Joseph & Marcella Betti-- Highland Ave &
Savona Streets.
Joseph & Marcella Betti are assessed for Lots 238-239-9�40-
241 Highland Ave-- Plan of Federal Heights, Section A.
Lot 237 Highland Ave Dichirico, Emma etali 641 Humphrey St
Swampscott
Lot 242 if It Puleo, Charles 57 Hathorne
Lot 235 Barcellona Ave Betty, Joseph & Lina 80 Preble St ✓
Boston, Mass
This is to certify that the above is a list of abutters to
property assessed to Joseph & Marcella Betti as of January 1,
1954.
BOARD OF ASSESSORS,
R Chairman
ROPES, GRAY, BEST, COOLIDGE & RUGG
50 FEDERAL STREET
BOSTON 10
TELEPHONE, {ANCOCK 6-9214
CABLE ADDRESS-'ROPGRALOR"
May 7, 1954
Board of Appeal
City of Salem
Salem, Massachusetts
Gentlemen:
The undersigned hereby petitions the Board
of Appeal to vary the terms of the Zoning Ordinance
at Highland Avenue and Savona Street by permitting
,the erection of a building for the sheltering of
animals in a General Residence District,
This proposed use is of a public charitable
character. The nature of the terrain of this property
makes its use for other purposes impractical and re-
fusal of this request therefore would involve unneces-
sary.hardship, The proposed use will not be injurious,
obnoxious or offensive to the neighborhood nor will it
substantially derogate from the intent and purpose of
the zoning ordinance.
Very truly yours, .
ANIMAL RESCUE LEAGUE OF BOSTON
By cc
Attorneys
MMS/mgc
I
PPP" - ARL-186
• i
ROPES, GRAY, BEST, COOLIDGE & RUGG
50 FEDERAL STREET
BOSTON 10
TELEPHONE.HANCOCH 6-9214
CABLE ADDRESS-'ROPG RALOR"
May 7, 1954
Inspector of Buildings
City of Salem
Room 7, City Hall
Salem, Massachusetts
Dear Sir:
The undersigned hereby appeals to the Board of Appeal
from the following decision oftthe Inspector of Buildings made
May 6, 1954:
"Ropes Gray, Best, Coolidge & Rugg
50 Federal Street
Boston 10, Mass.
Gentlemen: Attention Marilyn M. Sullivan
With reference to your application dated
May 5, 1954 for a permit to erect a new building for
the sheltering of animals at Highland Avenue and
Savona Street, please be informed that it is necessary
for me to refuse to issue the permit as the proposed
use of this property would be in violation of the City
of Salem Zoning Ordinance.
This particular area is zoned for General
Residence and the proposed use, in my opinion would
be injurious, obnoxious and offensive in a neighborhood
as a result of barking dogs and other objectionable
features.
However, there are no objections to the
issuance of a permitrto complete the unfinished dwell-
ing 'having in mind that"'it is to be used for, residen-
tiai purposes only.
Very truly yours,
s/ John J. O 'Rourke
Inspector of Buildings"
The proposed use is of a public charitable character
permitted in a General Residence District.
Very truly yours,
ANIMAL L IlE OF BOSTON
B �Q_ .
?::�k
tp Heys C�
MMS/mgc
May 6, 1954.
Ropes, bray, Hest, Coolidge & Rugg
SO F06dral. Street
Boston 10, Mess
Oentlemns Attention Marilyn Hs Sullivan
With reference to your application dated
May 5. 1954 for a permit to erect a now building for the
sheltering of Animals at Highland Avenue and Savona Street,
please be informed that it is necessary for = to refuse
to issue the permit as the proposed use of this property
would be in violation of the City of Salem Zoning ordinances
` This particular area is zoned for General
/ Residence and the proposed use, in my opinion, would be
injurious, obnoxious and offensive in a neighborhood as a
\ result of barking dogs and other objectionable features.
However, there are no objections to the
Issuance of a permit to complete the unfinished dwelling,
having in mind that it is to be used for residential
purposes only.
Very truly yours.
Inspector of Buildings
JJOIRAD
Sept. 24, 1954
Hre William A. Tracy
Hoard of Appeal
Salem, mass.
Dear Sirs
Having in mir that you are interested
in any further developcontis iegarding the petition of
the AnirAl. Rescue League to locate on Highland Avenue,
attached is a copy of a letter received in this office
from Attorney Philip J. Durkin, for your information.
Also inclosed in m notice from the
Superior Court pertaining to court case to be held
Tuesday, December 7, 1954 which S assume you will want
to forward to City Solicitor Jame J. Bradley, who I
assume, w111 defend the Hoard of Appeal in this case.
Very truly yours,
Inspector of Buildings
JJO'RsLD
Copy to City Solicitor, James J. Bradley
TELEPHONE 620 NOTARY PUBLIC
RES.PHONE 3420
PHILIP J. D U R K I N
COUNSELLOR AT LAW
SALEM SAVINGS SANK BUILDING
125 WASHINGTON STREET
SALEM, MASS.
September 21, 1954
John J. O'Rourke,
Building Inspector
City Hall
Salem, Vass.
Dear Sir:
This will inform you that I have this day filed in Essex
Superior Court an appeal in behalf of Anthony Gangi and others from
the decision and order of the Board of Appeal of the City of Salem
regarding the petition of Animal Rescue League of Boston for a variance
of the Zoning Ordinance in the vicinity of Highland Avenue and Savona
Street.
In view of this appeal, I respectfully request that you
refrain from issuing any hermit to Animal Rescue League of Boston,
pending the final determination of my petition in Equity in Superior
Court.
Very truly yours,
P
Philip J. Durkin
' JD:c
ROPES, GRAY, BEST, COOLIDGE: & RUGG
50 FEDERAL STREET
BOSTON 10
TELEPHONE,HANCOCK 6-9214
CABLE ADD RES S='ROPGRALOR'
May 5, 1954
Building Inspector
City of Salem
Salem, Massachusetts
Dear Sir:
I enclose herewith an application for a
permit for work to be done on premises at Highland
Avenue and Savona Street. This is the property
which the Animal Rescue League of Boston has an agree-
ment to purchase. I also enclose herewith two copies
of the plot plan which also shows the plans for the
proposed work.
Very truly yo1urs,
MMS/mgc
Enclosure
IcDvea OWs Bests COOU4p RUM
..3o V040ml street
Hooton,100, Moss
gentlamsnt
A decision dated Jane 21;, 19% has been received
ID thio OMOO In which 0150.hoard OtAppeal granted on .
"uptift to the UntnlA Ordinance to e12,aa Ohre Anal ilescuo
FINUM,of 9ceton to locate on alound A+rra m in 0614*0 Uwe
O warelr, before a pand0 is boomad, it ie
n000ssary to obtain on Oplolon fM the City Solicitor as
to wbotb®r+ or not VO Board or AMM acted within t0sim
'"Otoo a4eorom to Iwo in lintbie eMePUczrr'
As soon as this opioico is received tvm Me
City liolicitw# l %dU notify den as to wbothsr or cat We
ottioe is autWwued to ism:Oho pormito
Tory truly ya►w`$$
ind4 Lor or 94411 IAP
J�1aBat3i
COW to VAYOr lranOis X. CO]line
City Solicitor Jame J. Bradley
William Tracy
t
June 24s 19$4.
Mrs James Je Bradley, City Solicitor
Salem
Massachusetts
Dear Sir:
Attached' copy of Board of Appeal
decision pertaining to the location of the Animal Rescue
League betmesn Highland Avenue and Savona Street in
Salome
Will you kindly let me have your
opinion in writing, as soon as possible, as to whether
or not the Board of Appeal acted within their rights
and in accordance with law, in granting this exception.
For your further information, attached
is copy of my letter to the law firm of Ropes, (fray, Best,
Coolidge & Rugg who appeared before the Board of Appeal
in behalf of the Animal Reaoue Vague.
Very truly yon,
inspector of Buildings
JJOIR:LD
BOARD 6F AYPEAL
Salem, NLwss.
will give a public hearing to all
interested persons on the petition
of the Animal Rescue e �eiague of
Boston, seeking to
ises at St� forlsh lteiighlarh��A of animve. and uavona
t and
` asking that the Board grant a f
variance rom the application of
the zoning ordinance.
The hessring will be held 7 n
Monday: June 14, 1954, at
p, M., in the office of the Inspec-
tor of Bdadings, City Hall.
By: WILLIAM A.TRACY
SecretarY
June-S',1954.
Y , -
re.- 8 w
Court lfs�ows Zoning Variance ;��/J�
For Dog Shelter Off Highland Ave. 1Vz4 z_-
A, Superior court judge has peals board. The issue was raised
ruled that the Salem board of several months ago when.J&hn J.
' appeals exceeded its authority O'Rourke, building inspector, re-
fused to grant the permit and An
in granting a variance of local appeal,was taken to the board of
zoning: regulations and allow- appeals. After two, public hear.
ing the use of a tract off ings the appeals group authorized
] Highland avenue as an Animal the variance. This decision abut-
Rescue league shelter. tars protested and took to court:
Judge Joseph E. Warner
issued the ruling in a five-
page report in the case of
• Anthony Gangi and others
against the Salem authority. :a
USED AS "POUND" �ANC�ERD
aIn essence the judge ruled that
f -the appeals board had authority
to issue a variance if the Animal ?,,,,N N C{5 NOWI
Rescue league was to construct a NS1F�C
building to house offices but that lZG
the board exceeded its authority k`� .finQ1�
in permitting the use of the area -�....O 1. p
as a "pound", complete with 10
runways.
The fine line was drawn by the BEFOG
jurist apparently in view of
fact that it was indicated at the r F
proceedings that the case may �t S, Jet.
eventually find its way to the su 8 HEM
preme court of the state. 0
As it now stands, the matter
has been referred back to the ap-
i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. •
Visiting o - e en fl
k today aad Tuesday.) Relatives, sal• of thanks for their. help W,
friend. issued.) the day. The mxe ' e9osed at 1 .
SMITH—In Enfield, N.C., March 4, by �expi
4 accident, Mrs. Laura Smith, wife of '3.ik1-'
I Percy D. Smith, formerly of N Evan.
rT"ad. Peabody, daughter of the late
Camille and Josephine y their r Pail- Arab Nations Sf
a.
Camille
e and Bs may pay their respeoLs
At the Henry J. O'Donnell k Sone fa-
s neral, home, 41 Washington square, ,
where funeral wlB take place Tveaday, v
morning at.cab, followed 1 by a solemn Military,
i high mase of regalem m St. Thoma_ Econo:
the ApoeOe churc at 8 o'clock. Seta- w
I tinea aad friends invited. Interment
s in Greenlawn cemetery. Visiting hours
i today 2 to R and 7 to 10 P.M.) CAIRO, March 7P)—Egypt,
CHOUINASD—Iv Salem, March d, at her
home, 21 Wilson street, Mrs. Virginia called last night for a new nau
(Dion) Chomaard, Ali. of the late
eagn.un chpamara ana canghtei of economic alliance. It would repl
Lha late Thomas, aad Calm. (Turge..) .League setup dealt a near death bl(
ZDlo.. (Pvher41 from her late home, al
-t Wll.on street. Tveeaayy morning 6t S. pact with Turkey.
i followed by-. solemn high mass at St. MUST JUNK PACT
I Annye'�s church at S. Burial m St
d ovited)cemetesy.'Belativee ana enenae A joint Syrian-Egyptian com- Te
FLOSS—In Newport; N.H., March 5, munique said the two nations had
Hcury Plus.. 0 years, formerly of reached "complete agreement" on Ce
Salem, husband of Florence M. (Nagle.) gtry
.ad .on of the late Michael J. ad Principles of a pact to set up a
Josephine (Hales) Plow. (Funeral .ern- joint military command and bar
lees Tuesday at the Newton-Bartlett
.;{uncal home, 42 Main street, Newport, alliances with non-Arab nations. T1
-
4 at a A.M. .Committal service at 8 - Saudi Arabia's King Saud in Pair
.P.M.ms ana rriA.s Inviited.I, Salem. Riad announced his
a government's fot
HILEhSKI—la J. B. Thom.s hospital, "full support" of the plan. both
'is inn as street, Salem,,.beloveedsh cuss'-- The three states said they would and
:band of lttary (Wronkowskq and doe call a meeting of premiers and de- fabr
of the lateJohn .ns, Teofox (Nowt- fence ministers of the Arab ns- Tl
e koivsg0' HDenakl. (Fuver.l from the
fSpyehalskl funeral homa, 152 North tions this month to work Out de-
street, Salem, Tuesday at 8 A.Ma.t, fol- Pair
:lowed by requiem high mase St. tails of the new pact. The other call(
John the Baptist church at 0 A.N. Arab nations are Lebanon, Jordan, SOm,
Burial in St. Mary's cemetery.) Yemen,.Libya]IIINIGELI—In Salem, March 7, Anthony, y and Iraq. coat
beloved husband of the late carmen Syrian Foreign Minister Khaled trou
Funeral
froMinm
thelle
of c Dunlap street. el Azem said in Damascus that othe
I Forc o from the f 03 Dun Brother
mveral home, 22 Hawthorneboul.yard, Iraq would be invited to join in wea'
Salem, at 0 A.M., followed by a "I.
conn high mase of requiem at St. Mary's the new alliance only if she q'}
Italian church, Thursday at 10 A.M. ;unked her pact with Tu�key.
Relatives and friends kindly Invited. coat
Visiting hears today 7 to 10 P.M., and Egypt's drive for the new neu- won
Tuesday aad Wednesday 2 to 5 and 7 tarlist pact, seemingly doomed by
to 10 P.M. Late member Marco Polo flus,
lodge, sone of Italy, and Christopher Arab dissension less than a month own,
Commbu. society, snicma _ _ ago, appeared to have received ,.,:....
'Ar.,ima wl
Ruling stains
Appeals Board
The Massachusetts supreme
court has sustained the action of
Salem's board of appeals in au�
thorizing the Animal Rescue
league to build office and shel-
ter for animals on Highland ave-
nue.
The action of the state's high-
est tribunal came as the result
of an appeal to that body made
nearly a year agoin the con-
troversial case. -
Previously. the superior court
had ruled that the board had
exceeded its authority in order-
ing Salem building inspector,
John J. O'Rourke, to grant the
league the necessary permits.
The supreme court, taking
cognizance of the word "Institu-
tion" in its findings, declared
that both the league and its pro-
posed shelter, according to the
accepted meaning of the word,
were institutions and within the
meaning of a•Salem ordiance,
wee aaas ed to Ralen
7 jai1.
The L th also waa
fined $25 for operating a motes
'vehicle without a license.
John Horak, Inc., florists, by
whom Kee was employed, wa:
fined $25 for permitting an im.
'proper person to operate a mo
'tor vehicle. George Riordan, Jr.
president and treasurer, repre•
sented the firm.
Lee Mildred Finegold, seven
Year-old daughter of Mr. ani
-Mrs. David Finegold, Columbia
rodd, was instantly killed ane
cher four-year-old'sister, Robert
Sue, critically injured Saturdi;;
afternoon, Oct. 6. The truck op
crated by Kee went out of con
'trot at the intersection of Te
desco street and Charlotte roai
.and overturned on the young.
sters, who were standing on the
'sidewalk waiting to cross the
highway.
IN THE NEWS
Pagel h Page
,wND
y � llffli#g of inlem, fflaseinrhusetts
N��Y �}/. yL y�y� SfI
TTA! • ,u Pondr of /.l}• vd
CCC`... 1. ) !
GLJ�.E
WILLIAM F. ABBOTT
JAMES H. BOULGER
JOHN M. GRAY
J.ARTHUR MARCHAND c A
WILLIAM A. TRACY Q. l`M
August 6th, lg JS
Mr. John J. O'Rourke
Building Inspector
City Hall
Salem, Massachusetts
Dear Mr. O 'Rourke:
Confirming telephone conversation held
this date with a representative of this Board, please be
advised that the Board of Appeal will meet on Monday, August
9th at 7:30 P.M. in your office to discuses a communication
received from attorneys for the Animal Rescue League of
Boston.
You are invited to attend this meeting
if you so desire.
Very truly yours,
lvAT:C Q-t _
etre ary
City of Salem, Massachusetts
Legal Department
Bradley
�GONOIi(q p
James J. Bradley t°r� v P} 221 Essex Street
2
Clay SAcil or a � � Sa�eml��aesacAueetta
r
eq wW.J SY
ctMlx poP
July 7, 1954
John J. O'Rourke, Superintendent
Public Property Department
City Hall
Salem, Massachusetts
Dear Sir :
You have asked my opinion as to whether the Board of Appeal
acted within their rights and in accordance with law in granting a
variance of the zoning law in the case of the Animal Rescue League of
Boston pertaining to a lot of land on Highland Avenue and Savano Street
in the City of Salem..
I call your attention to Chapter 40 Section 30 of the General
Laws which .covers the appointment , jurisdiction, authority and procedure
of Boards of Appeal. I call your attention to particular parts of said
Section 30 namely paragraph three of said section which reads as follows :
"The board shall cause to be made a detailed record of its pro-
cedures , showing the vote of each member upon each question, or ,
if absent or failing to vote, indicating such fact , and setting
forth clearly the reason or reasons for its decisions and its
other official actions , copies of all of which shall be immediately
filed in the office of the city or town clerk and shall be a public
record, and notice of decisions shall be mailed forthwith to parties
in interest as hereinafter designated."
I also call your attention to that paragraph in said section which reads
as follows :
"The concurring vote of all the members of the board shall be
necessary to reverse any order or decision of any such adminis-
trative official, or to decide in favor of the applicant or any
matter upon which it is required to pass under any such ordinance
or by-law or to affect any variance in theapplication of any such
ordinance or by-law."
I also call your attention to the provisions of said section
providing for the appointment of associate members of the Board of Appeals
with the right of associate members to act in case of vacancy, inability
to act or interest on the part of a member on said board. I find that
one member of the board was absent but he was contacted by phone. In
this regard, I refer you to the case of Sesnovich v. Boston at 313 Mass.
393. In this case the Supreme Court ruling on the zoning law of the City
of Boston which is almost identical with the zoning law governing the City
of Salem said that the requirement of the presence of the entire membership
of the Board of Appeal could not be waived by the parties interested in
the matter as it went to the jurisdiction of the Board and not to mere
procedure.
Page 2
I feel that where the statute providing for associate members
and the concurring vote of all members of the Board means that all mem-
bers shohld be in attendance at any public hearingpertaining to a
variance of the zoning board conducted by the Board. I note also that
the decision does not contain any detailed record of the Board as re-
quired by the statute. For this reason also it may be subject to attack
in the courts . In answer to your question, it my opinion that the
decision of the Board of Appeals because it lackedjurisdiction due to
the absence of one member is null and. void and might be declared so
on application for a Writ of Mandamus to the Superior Court . • I also
feel that because the decision does not contain a detailed record of
the Board's proceedings it might be reversed on appeal to the Superior
Court.
I call your attention to the fact that any appeal in this
case must be filed no later than July 9, 1954 which is fifteen days
from the date on which the decision was filed with the City Clerk,
Very truly yours ,
City So icitor
JJB/td
May 119 1954
Board of Appeal
Salem
Massachusetts
Gentlemen:
Application was filed in this Office, dated
May 5, 1954 for a permit to use the property now owned by
Joseph and Marcella Bettis at Highland Avenue and Savona
Street, for the sheltering of animals by the Animal Rescue
League.
Copy .of my letter dated may 6, 1954, in
which I refused to issue the permit is attached. Also
attached are copies of two letters deed Bay e other
r of which is addressed to the BObrd of Appeal l and dCoothe
t Rugg,
to this office, in which IRopes, Gray, Best,
attorneys for the Animal Rescue.League of Boston, have
:. appealed from my decision.
This matter is hereby respectfw'hly referred
to your Honorable Board for further action. ,
Win you kindly notify the applicant dir ct
cover
to forward the necessary fee to the Board of Appeals
cost.of advertising.
very truly yours,
.Inspector of .Buildi'ngg
JJOIR:LD
'r A
July 24E lg&
19 iarren Street,
Salem, Mass.
Mr. John O'Rourke, Building Inspector,
City of Salem,
' Salem, Mass.
Dear Mr. OtRourke:
I am very interested in the Animal Rescue League establishing
a shelter on Highland Avenue.
From my councilor, Mr. John Serafini, I understand that the
land and buildings have been purchased, that the City council
has voted the necessary zone change, but that you have refused
to grant a building permit to the organization.
May I ask your reason or reasons for withholding this permit?
My interest in.animals dates back over many years. Before Miss
Fessenden, because of ill health, rrras forced to give up active
participation in the Salem Animal Rescue League, I worked closely
with her. Y(y neighbors on Highland Avenue, where I lived for
many years, always looked to me for help in caring for stray
and injured animals, and so have my neighbors on Warren Street,
where I have lived for the past ten years.
Since the shelter on Foster Street has been inactive, I have
been forced to take stray animals to the nearest shelter in
wenham.
It is difficult to understand why a large city like Salem does
not have an animal shelter, or gas box at the Police station,
when a small city like Newburyport has both.
When an ideal location has been chosen for this purpose, and the
need is great, I see no reason why the permit should not be
granted.
Awaiting your reply, I am
Very truly,yours,
,y✓.
(Miss T
zabeth H. Morin
cc- Mr. John Serafini
Mr. Jonathan G. Butler
Mayor Francis X. Collins
Boston Animal Rescue League
July 26, 1954
Mies Elizabeth H, Morin
'19 Warren 'Street
Salem, Masa.
Dear Madams
With reference to your letter of July 24, 1954
regarding the Animal Rescue League who propose to locate on
Highland Avenue, apparently you have been misinformed as the
particular area in which they are interested has not been
rezoned but remains as a residential areae
In your letter you ask the reason for
withholding the permit. The answer is simply because it would
be in violation of the City of Salem Zoning Ordinance.
The recent meeting of the Board of Appeal in
which they granted an exception to the Animal Rescue League
was illegal according to a decision of City Solicitor Jame
Jo Bradley dated July 73 19542 a detailed account of which
was printed in the Salem Evening Remo
In the event you ars further interested, you
may contact City Solicitor James Jo Bradley who may send you
a copy of his decisions
fiery truly yours,
Inspector of Buildings
JJO+RsLD
i
Sept, ?Js, 1954
nr. William A. Ir►cy
Doard of Appeal
Sal o�a, Mae,
Dear Sir:
rsavina In r14 that ym are
rested
in CVrurthar .jYp nts mDxx l" the ptition
the Animl Pbscue iieeCas to locate on Hir,aw d Averm,
attached is a copy of a latter received in this oftioc
€arose Attorney Philip J. Durkin, for your i.nforzation.
Also inclosed is a notios from the
SUPerior Court prtairdrig to cert case to be held
Yveafty, Dececber 7, 1554 which I ensues you will want
to forwomd to City Solicitor Jades J. Bradley, who I
eaeusa, will defend the Board of Appeal in this cass.
QOry truly y0=0
Inepsotor of Buildinp
JJ092%LD
Copy to City Solicitor, Jame J. Bradley
CITY OF SALEM, MASSACHUSETTS
SI' BUILDING DEPARTMENT
120 WASHINGTON STREET, 3"D FLOOR
TEL. (978) 745-9595
F_-�x (978) 740-9846
KIMBERLEY DRISCOLL
MAYOR TFuwL\S STTIFRRE
DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER
April 4, 2007
Puleo Realty Trust
Charles Puleo, Trustee
378 Highland Ave
Salem ma.01970
Re: Proposed Bank Building
Dear Mr. Puleo,
I have been asked to comment on the issue of Fire Supression(sprinklers) for your proposed
building. The plans that have been presented show a type V building that is less than 7,500
square feet. The Mass State Building Code (M.G.L 143 780 C.M.R) requires buildings o\er
12,00 square feet to be sprinklered. Your building does not trigger a Fire Supression system per
this code.
Additionally,Mass Fire Law M.G.L 148 section26 A and G. is a local option Law that must
be adopted by a city or town . s Salem adopted it several years ago. The Fire Law reduces the
area of a building requiring sprinklers to 7500 square feet. Your building is still below that
threshold.(Note, the Building Department does not enforce Fire Laws. The enforcement of
M.G.L 148 is by the head of the Fire Department or their Designee.)
If further information is required, please contact me directly.
Sincerely,
Thomas St. Pierre
Building Commissioner
Zoning Enforcement Officer