56 ALMEDA STREET - ZBA (2) Lot 56 - Almeda St.
V— Di Biase Realty Trust `�
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WILLIAM F. ABBOTT
JOSEPH F. DOYLE
CtuIIf "'Ment, tt55Mr41 tiffs
�/ JOHN M. GRAY,SR.
ARTHUR E. LABRECOUF
111 79uarb of tAppral DONALD KOLE/AAN
WARREN BAUGHN
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:13 EMERY P. TANCH
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RE: - Dl BTASE - SALEM REALTY TRUST
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This is a direct appeal by DiBiase-Salem Realty Trust from the applicable
terms of the Salem Zoning Ordinance. The locus of the property for which.
Petitioner seeks a special permit is lot 56 on Almeda Street, an R-1 resi-
dential. single family zoning district. The said site and surrounding area
are relatively undeveloped property which the Petitioner owns , and for
which there are presently no services for sewer, water or utilities . The
Petitioner wishes to erect a temporary building and chain link fence ,
seven or eight feet in height, around the boundary lines , for the stora.-e
of equi_pmont and building material ror a period of four (14 ) years.
Hearing was held on this Petition on October 29 , 1973 , pursuant to notices
mailed postpaid to the Petitioner, Board Members , abutters , abutters to
abutters , and others , and advertisements were duly published in the Salem
Evening News advising of this Public Hcaring.
Board Members present were Chairman John M. Gray, Sr. , William F. Abbott ,
Donald ]Coleman, Arthur. Labrecque, and Associate Member Warren Bauglhn.
George P. Vallis , Esquire, appeared in behalf of the Petitioner and presen-
ted the following evidence :
Petitioner wishes to construct a temporary building, sixty (60) feet by one
hundred 1.00) feet , for the use of storage of equipment and building mater-
ials ; he also wishes to construct a chain lime fence , seven (7) to elght
(8) feet in height around the bowrdary Lines. Attorney Vallis explained.
that the Petitioner is a developer of the property in the immediate area,
and needs a temporary Building of such described and the chain link fence
surrounding it for secur=ity purposes . Attorney Vallis further explained
that the Petitioner has been constantly subjected to theft of building
materials and damage to the equipment by vandalism. _
Mr. Frank Rizzotti_ , 26 High Street , Salem, Mass . , appeared in opposition to
the granting of the variance of special permit. Mr. Rizzotti. explained that
he owns property nearby and feels that the construction of a teclporar..' build-
ing and fence would detract and decrease the value of his property. Mr.
Rizzotti ' s property is a vacant lot and he has owned it for approximately
sixty-two (62) years without ever developing it. No one else appeared in. ,
opposition. '
The Board studied the plot plan submitted by Attorney Vallis , and a copy
of the Salem Assessors ' map, also submitted by the Petit=ioner, and reviewed
all of the evidence that had been submitted by the Petitioner and Mr. Ri.zzoctti
After reviewing all of the evidence presented andconsidering carefull,: the
plans submitted , the Burd found that a variance could be granted , without
substant.:i.al detriment to the public good., and without nullifying or sub-
stantially derogating from the intent of the District or the pu:rpoE:os of.
the Zoning Ordinance , and that special circumstances and conditions rvxi t
which -specially affect the land and structure to be erected which do not gen-
erally affect other lots in the area and that literal enforcement of the pro-
visions of the Zoning Ordinance would involve substantial hardship to the
} Petitioner. The Board, however, does place a condition upon the granting of
the variance,:
The fence which the Petitioner requests permission to erect around the perim-
eter of the temporary building and the temporary building itself, subject of
this variance , will be removed from the premises •at a period of time no longer
tha three (3) from„ the date of the
3� Y granting of this variance .
APPEAL GRANTED WITH CONDITION.
CITY OF SALEM - BOARD OF APPIA
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Acting Secretary
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Plot plan''of land
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Date �yeC'aT�p?.�
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BOARD of ASSESSORS
93 WASHINGTON STREET, CITY HALL,SALEM, MASSACHUSETTS 01970 (617) 744-0660
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February 24, 1984
Mrs. Josephine R. Fusco
City Clerk
City of Salem
Salem, MA 01970
Dear Mrs. Fusco:
Please be advised that the new commercial building constructed
on part of Assessors' Parcel #26-0435 and located between
256-258 Essex St. and 266-268 Essex St. has been assigned
street numbers as follows:
Commercial store - front: 260 Essex Street
(1st floor)
Commercial office entrance: 262 Essex Street
(to 2nd & 3rd floors)
Very truly yours,
ASSESSORS' OFFICE
Peter M. Caron
Asst. Assessor
PMC:mjg
cc: Kenneth B. Cahill, Postmaster
Acting Chief Robert Crowley, Fire Department
Margaret R. Hagerty, Principal Clerk, Water Dept. ;
Richard T. McIntosh, Insp. of Bldgs. SUGrii, i.L,., r;rr.
Engineering Dept., City of SalemSdt :!, HA
Mr. Robert L. Scagliotti, 15 Derby Sq. , Salem
FEB 2 7 1984
t
JOB WEATHER CARD
DATE - 19 PERMIT NO.
APPLIC-NT ADDRESS
(NO.) (STREET) (CONTY'5 LICENSE)
NUMBER OF
PERMIT TD (_) ".STORY DWELLING UNITS
(TYPE OF IMPROVEMENT) NO. (PROPOSED USE)
ZONING
AT (L---TION) DISTRICT
(NO.) (STREET)
BETWEEN AND
(CROSS STREET) (CROSS STREET)
LOT
SUBDIVISION LOT BLOCK SIZE
BUILOING IS TO BE FT. WIDE BV FT. LONG BV FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION
TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION
(TYPE) nn
REMARKS: Erect office building foundation only Superstructure 9120/83 lJt , 97-4,111-`
r
TOP FLOOR ONLY
. I for Fer�mit to QcwDy
AREA OF. _ �- PERMIT `.
VOLUME ESTIMATED COST S FEE
(� ICVBIC/SOUARE FEET) /'
DWNER �` - BUILD IN PT. V/ �,d- T�-
e
ADOR.ESS BY -DJ•�
THIS PERMIT CONVEYS NC RIGHT TO OCCUPY ANY STREET, ALLEY OR SIDEWALK OR ANY PART THEREOF. EITHER TEMPORARILY OR
PERMANENTLY. ENCROACHMENTS ON PUBLIC PROPERTY. NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE, MUST BE AP-
PROVEC BY .THE JURISDICTION. STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED
FROM. CTE DEPARTMENT OF PUBLIC WORKS. THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS
OF AN: APPLICABLE SUBDIVISION RESTRICTIONS.
MINIMLY OF THREE CA-L APPROVED PLANS MUST BE RETAINED ON JOB AND THIS WHERE APPLICABLE SEPARATE
INSPECTIONS REQUIRED FOR CARD KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN PERMITS ARE REQUIRED FOR
ALL CONSTRUCTION WORK: ELECTRICAL, PLUMBING AND
I. FOL^.DATION'S OR FOOTINGS. MADE. WHERE A CERTIFICATE OF OCCUPANCY IS RE- MECHANICAL INSTALLATIONS,
2. PRIG- TO COVERING 57RUC7URAL QUIRED,S IJCH BUILDING ShALLN07 BE OCCUPIED UNTIL
MEMSERS(READY TO LATH).
3. FIN-'- INSPECTION BEFORE FINAL INSPECTION HAS BEEN MADE.
OC,--ANCY.
POST THIS CARD SO IT IS VISIBLE FROM STREET
LDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS
2 Y 2
77,/f
- 2 C
c'vw'
BOA RE)OF HEALTH GAS INSPECTION /APPROVALS FIRE DEPT. IN PEC ING APPROVALS
1 VLA 1 � f
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OTHER CITY ENGINEER 2 .yy •Z
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WORK =,ALL NOT PROCEED UNTIL THE PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION INSPECTIONS INDICATED ON THIS CARD
INSPE'_-DR HAS APPROVED THE VARIOUS WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE CAN BE ARRANGED FOR BY TELEPHONE
STAGES DF CONSTRUCTION. PERMIT IS ISSUED AS NOTED ABOVE. . OR WRITTEN NOTIFICATION.
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PETITTONER DI BIASE-SALEM REALTY TRUST TIMP 7 .1y5
LOCA ION LOT 56 ALMEDA STREET SATE io. z9.73
PETITION ERECT TEMPORARY BUILDING AND CHAIN LINK FENCE, SEVEN OR EIGHT FEET
IN HEIGHT AROUND BOUNDARY LINES FOR STORAGE OF EQUIPMENT AND BUILDING
MATERIAL FOR A PERIOD OF FOUR YEARS.
APPEARING FOR PFTITIONFR George P. Vallis,EsoSTATEMENTS IN FAVOR
APPEARING IN fO�PPOSITI�ON STATEMENTS IN OPPOSITION
2-6h_-
r r -
VOTE TO VOTE TO LEAVE TO
MEMBERS PRF,SEN ABSENT GRAN DENY WITHDRAW NO VOTE
ABBOTT / II
DOYLE
GRAY
XOI,EDiAN
�
LABRECQ:UE
BAVGj!N Assoc . )
TANCH (Assoc .)
REASONS FOR DECTSTON-.--_—,_—_---
RE: DIBIASE - SALEM REALTY TRUST
This is a direct appeal by DiBiase-Salem Realty Trust from the applicable
terms of the Salem Zoning By-Law. The locus of the property for which Petitioner seeks
a special permit is lot 56 on Almeda Street, an R-1 residential single family zoning
district. The said site and surrounding area is relatively undeveloped property which
the Petitioner owns and for which there are presently no services for sewer, water or
utilities. The Petitioner wishes to erect a temporary building and chain link fence,
7 or 8 feet in height around the boundary lines, for the storage of equipment and building
a
mate rialf r period o p od of four (4) years
Hearing was held on this Petition on 10/29/73, pursuant to notices mailed postpaid
to the Petitioner; Board Members, abutters, abutters to abutters and others, and . '
advertisements were duly published in the Salem Evening News advising of this Public
Hearing. '
BoardTm members present were Chairman John M. Gray, Sr. , William F.
Abbott, Donald Koleman, Arthur Labrecque and Associate Member, Warren Baughan.
George P. Vallis, Esquire, appeared in behalf. of the Petitioner and presented
the following evidence:
Petitioner wishes to construct a temporary building, sixty (60) feet by one
hundred (100) feet, for the use of storage of equipment and building materials; he also
wishes to construct a chain link fence, seven (7) to eight (8) feet in height around the
boundary lines. Attorney Vallis explained that the Petitioner is. a developer of the
property in the immediate area and needs a temporary building of such described and the
chain link fence surrounding it for security purposes. Attorney Vallis further explained
that the Petitioner has been constantly subjected to theft of building materials and damage
to the equipment by vandalism.
Mr, Frank Rizzotti, 26 High St, , Salem, Mass. , appeared in opposition to the
granting of the variance of special permit. Mr. Rizzotti explained that he iommExk owns pryeft-
RE: ,DiBiase-Salem Realty.Trust
- page 2 -
nearby and feels that the construction of a'temporary building and fence would detract
and decrease the value, of his property, Mr. Rizz,otti's property is a vacant lot and he has
owned it for approximately sixty two (62) years without ever developing it. No one else
appeared in opposition,
The Board studied the plot plan submitted by Attorney Vallis ,and a copy of the
Salem Assessor's map, also submitted by the Petitioner, 'and reviewed all of the
evidence that had been submitted by the Petitioner and Mr. Rizzoiti, After reviewing
all of the evidence presented and considering carefully the plans submitted, the Board
found that a variance could be granted, without substantial detriment to the public good,
and without nullifying or substantially derogating from the .intent of the District or the
purposes of the Zoning By-Law, and that special circumstances i'xxxximckxnma�xxxx
and conditions exist which specially &ffect the land and garage to be erected which do not
generally affect other lots in the area and that literal enforcement of the provisions of the
Zoning Ordinance would involve substantial hardship to the Petitioner. The Board,
however, does place a condition upon the granting of the variance: The fence which the
Petitioner requests permission to erect around the perimeter of the temporary building
and the temporary building itself, subject of this variance, will be removed from the
I
premises at a period of time no longer than three (3) years from the date of the granting
of this variance.
•