27-29 BALCOMB STREET - ZBA 27-29 BALCOMB STREET (R-2)
PILGRAM REALTY TRUST, ROY GELINEAU j
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DECISION ON THE PETITION OF ROY F. GELINEAU, TRUSTEE REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT 27-29 BALCOMB STREET (R-2)
A hearing on this petition was held March 20, 1996 with the following
Board Members were present: Stephen Touchette, Chairman, Gary
Barrett, Nina Cohen, Albert Hill and Associate Member Joseph Ywuc.
Notice of the hearing was sent to abutters and others and notices of
the hearing were properly published in the Salem Evening News in
accordance with Massachusetts General Laws Chapter 40A.
At the request of the petitioner's Attorney Richard Stafford, the
Board of Appeal voted 5-1, to grant leave to withdraw this petition
for a Variance to convert a (2) two family dwelling into a (3) three
family dwelling for the property located at 27-29 Balcomb Street.
Granted leave to withdraw without prejudice.
GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE
March 20, 1996
/ 0. CSc�
Stephen C. Touchette, Chairman
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CITY CLERK.
Appeal from this decision,if any, shall be made pursuant to Section
17 of the Massachusetts General Laws Chapter 40A, and shall be filed
within 20 days after the date of filing of this decision in the
office of the City Clerk. Pursuant to Massachusetts General Laws
Chapter 40A, Section 11, the Variance or Special Permit granted
herein shall not take effect until a copy of the decision bearing the
certification of the City Clerk that 20 days have elapsed and no
appeal has been filed, or that, if such appeal has been filed, that
it has been dismissed or denied is recorded in the South Essex
Registry of Deeds and indexed under the name of the owner of record
or is recorded and noted on the owner's Certificate of Title.
Board of Appeal
GELINEAU, STAFFORD AND KLINE
ATTORNEYS AT LAW
133 WASHINGTON STREET
SALEM, MASSACHUSETTS 01970
TELEPHONE (5o8) 741-2002 FAX (508) 745-6909
March 19, 1996
City of Salem Board of Appeals
One Salem Green .
Salem, Massachusetts 01970
Re: 27-29 Balcomb Street Application for Variance .
Dear Members of the Board,
This office represents the Pilgrim Realty Trust, the
applicant in the above-referenced Petition for a variance . At
. this time the Applicant requests permission from the Board to
withdraw its application without prejudice to enable it to review
development alternatives for the property. Thank you for your
consideration.
Very truly yours,
Pilgrim Realty Trust
by its attorney:
Z
Richard W. Stafford, sq.
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APPEAL CASE NO. . . . . . . . . . . . . .
;.� ~ {fit of infem, � Hasstt�ZiBetts
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�Qattrd of peal
TO THE BOARD OF APPEAL:
The Undersigned represent that he/she is/are the owners of a certain parcel of land
located at:?�.:42. AZ1199M . .... . .. .. . ..Street; Zoning District. R:2 . ... . ... ... ... .;
and said parcel is affected by Section(s). .. . ... .. . . . . . . . . .. . . . of the Massachusetts
State Building Code.
Plans describing the work proposed have been submitted to the Inspector of Buildings
;n ac�gdance with Section I% A.1 of the Zoning Ordinance.
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The Application for Permit was denied by the Inspector of Buildings for the following
reason(s):
Property is presently zones R-2 and the Owner wishes to add an additional
dwelling unit on the third floor
The Undersigned hereby petitions the Board of Appeal to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement of said
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially derogating
from the intent and purpose of the Zoning Ordinance and Building Code for the follow-
ing reasons:
See attached Exhibit A.
Roy F. Gelineau, Trustee of
Pilgrim Realty Trust u/d/t
Ownerdated. 4/1/1994
. .. .....................
Address 133.Washington Street�. Salem
Telephone.741__2002 .... .. ....... .......
Petitioner.Owner.. ...... .. . ... ... .. .. ..
Address. . . .SAMQ......... ... .......... ..
Date.JAAt0rY.. i..1l .. . Teleph O.CIAQ.... ... ..... .....
niy
*c/o Gelineau, Stafford & Ylie /: :?
133 Washington Street, Salem, MA. Richard W. Staffor , Esq. *
Three copies of the application must be filed with the Secretary of the Board of Appeal
with a check, for advertising in the amount of E......... .... four weeks prior to the
meeting of the Board of Appeal, Check payable to the Salem Evening News.
NO. . . . . . . . . . . . . . ... . . .
PETITION TO BOi!M OF APPEALS
LOCK ION
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Petitioner.R1Xgzlm.R@41ty.Trust_ .
Address.2Z-2R .5S1QQlpb.$treet. „
. . . . . . . . . . . . . . . . . . . . . . . . . .
CONDITIONS
. . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PETITION APPROVED. . . . . . . . . . . . . ( )
DENTED. . . . . . . . . . . . . ( )
Date: . .. . . . . . . . . . . . . . . . . . 19. . . . .
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EXHIBIT A
Pilgrim Realty Trust purchased 27-29 Balcomb Street on November
21, 1995. The property has been previously used as a 2 family,
i,. which is allowed as of right in the R-2 District. The land and
building are non-conforming in several respects regarding the
zoning ordinance' s dimensional requirements : minimum lot area;
minimum lot are per dwelling unit; minimum lot width; minimum
front and side yard depth and width.
The new owner proposes to finish the third floor, incorporating a
third dwelling unit. No changes are proposed for the exterior
I! footprint of the building. In order to prepare the present
dwelling units for occupancy, Pilgrim is deleading the dwelling
areas in accordance with the Code of Massachusetts Regulations .
This work constitutes a significant expense to the owner and
Pilgrim proposes to recoup this cost in part through the
generation of additional revenue from the third unit. A
significant public health interest will be achieved once the
deleading is completed. In order to add the additional unit a
variance from the use regulations of the zoning ordinance. is
required.
This property is abutted to the rear by a non-conforming
industrial use, unlike most of the other properties in the R-2
District. Its two other adjoining parcels have been vacant for
over 20 years, were taken for the non-payment of taxes by the
City, and subsequently sold to the owner of the industrial use at
the rear of the property. No other property within the district
is so situated.
In order to facilitate the existing public policy of deleading
residential properties in the Commonwealth, and in recognition of
the unique characteristics affecting this property by virtue of
its immediate neighbors, the Petitioner requests that the City of
Salem grant the requested variance allowing the building on the
property to be converted from a two-family to a three-family
dwelling.
The property presently has adequate land are a, to accommodate the
required 5 parking spaces which would be required on site, withe_
access to be obtained across abutting property.
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PLOT FLAN OF LAPID
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C. me f 3 292 PG y I GAIL Y I�IL6PlMP�R� TRLiSr
FILM : . Qt . L PL. II SMITH Ro-/ F. 6CLINEA J, TR-�IrPUSTa
IZTIFY 1NAT �IAW yon .350 Agi a (SCALE !@�20' TAN. U� X996
AS r�E LOCA a ��oNIs `g�Qa *NTN ANO SURVEY CORPORATION
I //1 /9& G..LA ,AL L 07 LINDEN STREET - SALEMIMA.
/096 N
QUITCLAIM DEED
Enrico J. Tassinari and Lillian Tassinari, both of Salem, Essex
w County,
Massachusetts for consideration of eighty four thousand
{x ($84,000) dollars grant to Roy F. Gelineau, Jr. , Trustee of Pilgrim
x� Realty Trust, P.O. . Box 550, Salem, Massachusettts, under a
' Declaration of Trust recorded in the Essex South Registry of Deeds
on April 1, 1994 in Book 12515, page 572, with quitclaim covenants,
Asx the; land with the buildings :thereon situated at 27-29 Balcomb
} 4f Street in said Salem, bounded and described as follows :
Beginning at a point on Balcomb Street, fort
x Southerly from Foster Court, so-'called; thence running 0 . 00) feet
c f • ° SOUTHERLY by said Balcomb Street, forty (40.00) feet; thence
running
WESTERLY by Lot No. :26 on plan hereinafter mentioned, one
hundred ( 100) feet; thence running
F NORTHERLY forty (40.0) Peet to a point forty (40) feet Southerly
r
from said Foster Court; thence running
ee
} EASTERLY one hundred (100.00):.,feet- to the point of beginning.
i a The above described. premises being shown as Lot No. 27 on a plan of
}1 House .lots .of the E.S.` Poox Estate,_;. recorded with Essex South
District Registry of 'Deeds, Plan :Book 2, Plan 12 .
x k
„ For;title see deed of William H.K.-Donaldson to Enrico J. Tassinari
+ and George B. Tassinari; ,dated June 4, 1971 and recorded with Essex
y :South District Registryof Deeds in Book 5771 at Page 297 . See
'also, .the Estate of : George B. ' Tassinari, Essex Probate Court,
`= ,Docket No. 92P 1586-E1.
.Executed as a sealed instrument this / S� day of �py
! , 1995 n r
. p�C
f
'COMMONWEALTH OF MASSACHUSETTS
Essex, ss.
J�Ipv �l 1995
'Then personally appeared the above-named Enrico J. Tassinari and
Lillian Tassinari and acknowledged the foregoing instrument to be
their free act and deed.
" Befo e,
ry Public
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APPEAL CASE NO. . . . . . . . . . . . . .
i y f�itg of -4-walem, � IassnPtts
�4
4'awt
Paura of c' upeal
TO THE BOARD OF APPEAL:
The Undersigned represent that he/she is/are the owners of a certain parcel of land
located . ..... .. .. ...Street; Zoning District.R.2.. . .......... ..;
and said parcel is affected by Section(s).. ........ ... . ....... . of the Massachusetts
State Building Code.
Plans describing the work proposed have been submitted to the Inspector of Buildings
in accordance with Section I% A.1 of the Zoning Ordinance.
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The Application for Permit was denied by the Inspector of Buildings for the following
reasou(s):
Property is presently zones R-2 and the Owner wishes to add: an additional
dwelling unit on the third floor
The Undersigned hereby petitions the Board of Appeal to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement of said
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially derogating
from the intent and purpose of the Zoning Ordinance and Building Code for the follow-
ing reasons:
See attached Exhibit A.
Roy F. Gelineau, Trustee of
Pilgrim Realty Trust u/d/t
Ovnerdated 4/1/19.94
.. ....................
Address 133.WashincZton Street Salem
Telephone.741.2002,..,,,,.„._.,_,_,,,,
Petitioner.Owner,,,,,,,,,,,,,,,-,,,,,,,
Address....SAPQ. .......................
Date.7AR13$?Y..L.19 5 ... Teleph ..Ssl/@..... ..
*c/o Gelineau, Stafford & Kline iY133 Washington Street, Salem, MA. Richard W. affor sq. *
Three copies of the application must be filed with the Secretary of the Board of Appeal
with a check, for advertising in the amount of $............. four weeks prior to the
meeting of the Board of Appeal, Check payable- to the Salem Evening News.
NO. . . . . . . . . . . . . . . . . . .
PETITION TO BOARD OF APPEALS
LOCATION
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r
Petitioner.Eil9zim.Rgalty,Trust. .
Address.2Z-2s .$31G4m1?.$treet, , ,
i . . . . . . . . . . . . . . . . . . . . . . . . . .
I �
1
CONDITIONS p
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PETITION APPROVED. . . . . . . . . . . . . ( )
DENIED. . . . . . . . . . . . . ( )
Date: . . . . . . . . . . . . . . . . . . . . 19. . . . .
,r
EXHIBIT A
Pilgrim Realty Trust purchased 27-29 Balcomb Street on November
21, 1995 . The property has been previously used as a 2 family,
which is allowed as of right in the R-2 District. The land and
building are non-conforming in several respects regarding the
zoning ordinance' s dimensional requirements : minimum lot area;
minimum lot are per dwelling unit; minimum lot width; minimum
front and side yard depth and width.
The new owner proposes to finish the third floor, incorporating a
third dwelling unit. No changes are proposed for the exterior
footprint of the building. In order to prepare the present
dwelling units for occupancy, Pilgrim is deleading the dwelling
areas in accordance with the Code of Massachusetts Regulations .
This work constitutes a significant expense to the owner and
Pilgrim proposes to recoup this cost in part through the
generation of additional revenue from the third unit. A
significant public health interest will be achieved once the
deleading is completed. In order to add the additional unit a
variance from the use regulations of the zoning ordinance is
required.
This property is abutted to the rear by a non-conforming
industrial use, unlike most of the other properties in the R-2
District . Its two other adjoining parcels have been vacant for
over 20 years, were taken for the non-payment of taxes by the
City, and subsequently sold to the owner of the industrial use at
the rear of the property. No other property within the district
is so situated.
In order to facilitate the existing public policy of deleading
residential properties in the Commonwealth, and in recognition of
the unique characteristics affecting this property by virtue of
its immediate neighbors, the Petitioner requests that the City of
Salem grant the requested variance allowing the building on the
property to be converted from a two-family to a three-family
dwelling.
The property presently has adequate land area. to accommodate the
required 5 parking spaces which would be required on site, with
access to be obtained across abutting property.
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L-OT 59 _ OkL 400'-st. 1
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PLOT PLAN OF LAND
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13 -L9L- PS y( L I& 091EPARFD FOR
. 6 Z PL. I' ;;' SMITH I y PILGRIM REAL" T�2125�
Nc.35043 QFj ROY F. CELINEAJ, .TR.,TRLLSTEI
I TIFY THAT 9°„ y�o�s �o` MALE I om ZO' J.oj- 111 1896
Fs .
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LOCA � _ _ - '��OxaunWo6° I�RTN laF1= BUiVEY CORPORATION
67 LINDEN STREET . SALEMIMA.
ME. PMFZWMML
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QUITCLAIM DEED
i We, Enrico J. Tassinari and Lillian Tassinari, both of Salem, Essex
dY , -County, Massachusetts' for consideration of eighty four thousand
y 2.'($84,000) dollars grant to Roy F. Gelineau, Jr. , Trustee of Pilgrim
a' Sa Realty Trust, P.O. ',Box 550, Salem, Massachusettts, under a
' ! . :Declaration of Trust recorded in the Essex South Registry of Deeds
on April 1, 1994 in Book 12515, page 572, with quitclaim covenants,
land with the buildings .thereon situated at 27-29 Balcomb
$ ' _ Street in said Salem, bounded and described as follows :
Beginning at a point on Balcomb Street, forty (40.00) feet
A,1 , .; ,x Southerly from Foster Court, so'called; thence running
r ;SOUTHERLY by said Balcomb Street, forty (40.00) feet; thence
running
�,tWESTERLY by Lot No. ',26 on plan hereinafter mentioned, one
s
hundred (100) feet; thence running I
a : NORTHERLY forty (40.0) feet to a point forty (40) feet Southerly r
from said Foster Court; thence running
M t r.t
EASTERLY one hundred�•(.100.0'))_feet, tothe point of beginning.
above described premises bang shown as Lot No. 27 on a plan of
House lots of the E.S." Poor Estate - recorded with Essex South
, y strict Registry of 'Deeds, Vam'')366k' 2, Plan 12 .
&For;Rtitle see deed of Wi111am F<' K`. : Donaldson to Enrico J. Tassinari
" and 'George B. Tassinari".dated ,)dn'e 4, 1971 and recorded with Essex
v *'South District Registry of Deeds in Book 5771 at Page 297 . See
"� aalso
the Estate of'� George
B. ' Tassinari, Essex Probate Court
Y J
si,,;
i
EXHIBIT A
Pilgrim Realty Trust purchased 27-29 Balcomb Street on November
21, 1995 . The property has been previously used as a 2 family,
i which is allowed as of right in the R-2 District. The land and
building are non-conforming in several respects regarding the
zoning ordinance' s dimensional requirements : minimum lot area;
minimum lot are per dwelling unit; minimum lot width; minimum
ifront and side yard depth and width.
The new owner proposes to finish the third floor, incorporating a
third dwelling unit. No changes are proposed for the exterior
footprint of the building. In order to prepare the present
dwelling units for occupancy, Pilgrim is deleading the dwelling
areas in accordance with the Code of Massachusetts Regulations .
This work constitutes a significant expense to the owner and
Pilgrim proposes to recoup this cost in part through the
generation of additional revenue from the third unit. A
significant public health interest will be achieved once the
deleading is completed. In order to add the additional unit a
variance from the use regulations of the zoning ordinance is
required.
This property is abutted to the rear by a non-conforming
industrial use, unlike most of the other properties in the R-2
District . Its two other adjoining parcels have been vacant for
over 20 years, were taken for the non-payment of taxes by the
City, and subsequently sold to the owner of the industrial use at
the rear of the property. No other property within the district
is so situated.
In order to facilitate the existing public policy of deleading
residential properties in the Commonwealth, and in recognition of
the unique characteristics affecting this property by virtue of
its immediate neighbors, the Petitioner requests that the City of
Salem grant the requested variance allowing the building on the
property to be converted from a two-family to a three-family
dwelling.
i
The property presently has adequate land area to accommodate the
required 5 parking spaces which would be required on site, with
access to be obtained across abutting property.
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LOT t/7
RUCGLES -KLW& AIJN MA Al F, CO. LNG
3- 5 FOSTER G'e,
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SMITH ROY F. CELlNEAv, SR.jTR+�
Nc.35043 y s�, • '
I tIFY THAT 9 SCALE ! 'Zo TAN. ill 1996
0
As nr LxA "� ML �anH a su EErCaWWTION
- SALEMIN
S7 LINDEN STREET - SALEM�MA.
/096 14
------------
ME� 4
i� st
�� � rh QUITCLAIM DEED
We, Enrico J. Tassinari and Lillian Tassinari both of Salem, Essex
,��sf County, ' Massachusetts for consideration of eighty four thousand
,r y '($84,000) dollars grant to Roy F. Gelineau, Jr. , Trustee of Pilgrim
Realty Trust, P.O. Box 550, Salem, Massachusettts, under a
Y .=° Declaration of Trust"recorded in the Essex South Registry of Deeds
y on April 1, 1994 in Book 12515, page 572, with quitclaim covenants,
the: land with the buildings thereon situated at 27-29 Balcomb
Street in said Salem bounded and described as follows :
Beginning at a point , on Balcomb Street, forty (40 . 00) feet
" Southerly from Foster Court, so-called; thence running
r SOUTHERLY by said Balcomb Street f
running ' ort Y (40 . 00) feet; thence
WESTERLY by Lot No. 26 on plan hereinafter mentioned, one
hundred ( 100)
feet; thence running
aux t. NORTHERLY forty (40.0) feet to a point forty (40) feet Southerly
from said Foster Court; thence running
` EASTERLY onehundred . (l0t1.00). feet to the point of beginning.
{iThe'above described premises being shown as Lot No. 27 on a plan of
'House `,lotsI 'ss of the E.S.' Poor Estate;.-. recorded with Essex South
r District Registry of Deeds, Plan, 'Book' -2, Plan 12 .
Yet t For title see deed of William H.K. - Donaldson to Enrico J. Tassinari
.and George B. TassinariAated June 4, 1971 and recorded with Essex
y'South District Registry of Deeds in Book 5771 at Page 297 . See
€. the Estate of' George B. ' Tassinari, Essex Probate Court,
;,;Docket No. 92P 1586-E1
sT y
a� Executed as a sealed . instrument thisA /
/ Sf day of
,, 1995 r
'COMMONWEALTH OF MASSACHUSETTS
z Essex, ss .
f1pV Tl 1995
" .'Then personally appeared the above-named Enrico J. Tassinari and
T+illian Tassinari and acknowledged the foregoing instrument to be
r .
their free act and deed.
Befo e,
F
�r
N ry Public
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°� tip aoF�" 9<<o FOsIE� ZONING DISTRICT ZONING DISTRICT ASSESSORS MAP 17 LOT 60, PART LOTS 47, 61 & 59
RESIDENCE 2 RESIDENCE 2 RECORD OWNER: LOT 60, PILGRIM REALTY TRUST
RECORD OWNER: RUGGLES—KLINGEMANN MANUFACTURING CO. INC.
o LOT AREA 15,000 SF. LOT WIDTH 100 FT.
ITEM REQUIRED LOT D2+P2 LOT D1 LOT P'
DEED REFERENCE. LOT 60, BOOK 13292 PAGE 41
�CCr
y `\, LOT AREA 15,000 SF. 8604± SF.# 7506± SF.# 6373± SF.# to DEED REFERENCES. BOOK 12810 PAGE 436, BK 2864 PG 193,
S{.Maryl LOT WIDTH 100.00 FT. 75± FT.# 101±, FT. 120± FT. N BOOK 2849 PAGE 49
FRONT YARD 15 FT. 26± FT. 15± FT. 2-+ FT. PLAN REFERENCE. PLAN BY EASTERN LAND SURVEY ASSOCS.
LOCUS MAP SIDE YARD 10 FT. 11+ FT. 20± FT. 4-+ FT. DATED JUNE 3, 1998
REAR YARD 30 FT. 37— FT. 13± FT. # 11± FT. #
# VARIANCE REQUESTED
LOTS D3, P1 AND D4 ARE TO BE COMBINED TO FORM ONE CONTIGUOUS
PARCEL OF 6373± SF.
APPROVAL UNDER THE SUBDIVISION
LOTS D2 AND P2 ARE TO BE COMBINED TO FORM ONE CONTIGUOUS
PARCEL OF 7506± SF. CONTROL LAW NOT REQUIRED
SALEM PLANNING BOARD
LOT C
67-66' \
P�PRL���tJOVR 10000 �9g9 < S 6219'. E EXISTING
FACTORY REMOVEDBUILDINGS
gE 5$y° LOT D2
7004 S \ 107.0p- —) DATE
\ \ EXISTING FACTORY BUILDINGS
TO BE REMOVED
A t' I I LOT B
\� LOT D1
LOT D3 5 06 �° �o° � P`/'SF . CO °o\ \ 7506± SF. I 1s'
2373± SF. �0 A0, \ o _ I Z I I LOT A
Ao �3r �p� os pRppO O \ � \ PROPOSED I _ 0 w
o. Oo 0 ,p �� pY�1-V c; TWO FAMILY I I o�I I I I
a \ DWELUNG
In 70,
06 so �"
� � 20 I I I
Oy FO\ o�\L�901000° } \ 11 101.53 L - - — — J L - - –�
y0P0 1 N 81'23'40" W 332.83
\ko• 00
°oo� I �h's• ti
06 ��
k0• A '& 0 SEE CITY PLAN COURT
LOT D4 �c� 6ati F4 S TERRECORDED 1
PLAN 99 OF 942
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SUBDIVISION
PLAN OF LAND
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THIS PLAN IS BASED ON THE REFERENCED PLANS, DEEDS SALEM , MASS .
AND THE RESULTS OF A FIELD SURVEY AS OF THIS DA TF
NO CERTIFICATION IS INTENDED AS TO PROPERTY T7TLE �,r
OR AS TO THE EXISTENCE OF UNWRITTEN OR UNRECORDED PREPARED BY
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Q, `, EASTERN LAND SURVEY ASSOCIATES, INC.
FOR REGISTRY 31317 USE ONLY "E"° � ' CHRISTOPHER R. MELL 0, PLS
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I HEREBY CERTIFY THIS PLAN CONFORMS PREPARED FOR
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