51 BRIDGE STREET - ZBA JOSE MATOS (B-1 )
51 BRIDGE STREET
4
eb
CIO
� .
Ctg of ttlem, 'Mttsondjusetts
Poura of Appeal
JUNE 1, 1995
YOU ARE HEREBY NOTIFIED THAT AS OF JUNE 1, 1995 THE DECISION OF
THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE CITY CLERK TO
GRANT THE PETITION OF JOSE P. MATOS FOR A VARIANCE FOR THE PROPERTY LOCATED
AT THE 51 BRIDGE STREET, SALEM MASS. VARIANCE GRANTED. --
BOARDOFAPPEAL �u v
S Y C. MURTAGH Q
CLERK OF THE BOARD
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
MGL 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 MGL Chapter
40A. , Section 11, the Variance/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.
a
Board of Appeal
k
'�. 01itu of _,�3tzlem, � ussttcllusetts
nttra of cr'kupeal f�H /
DECISION OF THE PETITION OF JOSE P. MATOS FOR A VARIANCE r �'/,t=`SS
FOR THE PROPERTY LOCATED AT 51 BRIDGE STREET (B-1)
A hearing on this petition was held May 17, 1995 with the following Board
members present: Stephen Touchette, Chairman; Gary Barrett, Albert Hill,
Nina Cohen and Arthur LaBrecque. Notice of the hearing was sent to
abutters and others and notices of the hearing were properly published in
the Salem Evening News in accordance with Massachusetts General Laws
Chapter 40A.
Petitioner is requesting a Variance from parking for the property located
at 51 Bridge Street. This property is located in a B-1 district.
The Variance which has been requested may be granted upon a finding of this
Board that:
1. Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land, buildings, or structures in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1. Petitioner has operated a hair salon since 1990 and is presently
located at 70 Washington Street.
2. Petitioner's hours of operation are from 9:OOa.m. to 4:00 p.m. on
Monday, Tuesday,Thursday and Saturday.
3. The building on the subject property is in a state of disrepair and
dilapidated and has been vacant for some time.
4. The petitioner has no employees.
5. The property lacks the necessary off-street parking required by the
Zoning Ordinance.
5. The lack of parking reduces the property useless as a commercial
property.
7. There was no opposition to the petition.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property
and not the district in general.
DECISION OF THE PETITION OF JOSE P. MATOS FOR A VARIANCE FOR
i THE PROPERTY LOCATED AT 51 BRIDGE STREET (3-1)
page two
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
3. The request relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
requested relief, subiect to the following conditions:
1. Petitioner shall comply with all city and state statutes, ordinances,
codes and regulations.
2. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
3. Petitioner shall obtain a Building Permit prior to beginning any
construction.
A . A Certificate of Inspection shall be obtained.
Variance Granted
May 17, 1995
Gary Barrett, Member
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
c
3
X �
c�
N CD
Ui
DATE OF HEARING
PETITIOA'ER cl� �
LOCATION
i':OTION: TO GRANT SECOND AMENDMENT SECOND
TO DENY SECOPD
I
TO RE-HEAR SECOND
WITHDRAW SECOND
CONTINUE SECOND
i
ROLL CALL PRESENT GRAV DENY AMEND WITHDRAW RE-HEAR CONTINUE
GARY M, BARRETT
ALBERT C. HILL r� .
STEPHEN O'GRADY
STEPHEN TOUCHETTE l
NINA V. COHEN V
ASSOCIATE MEMBERS /
ARTHUR LEBRECQUE-- y
JOSEPH J. YWUC
CONDITIONS: �p
Q \\-Qil/w-ui
\z ba form\
�.Y f'=AAi,``q t�`p �•R, . n` syr`
FA Of All,
�i -_
u i r
, ,,.. < eaafs� t�o���o�wcF;�
�— -�— - - --r,_r
APPEAL CASE NO. . . . . . . . . . . . . .
Ctu of 5alrm, '3Elassurfjituffs
44.wc
�Rotzra of �Fpezd
TO THE BOARD OF APPEAL:
they
The Undersigned represent thatK /are the owners of a certain parcel of land
located at:. . 51.Bridge...... ............Street; Zoning District.. 1................ :
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.
There are no Plans for work proposed, since the Petitioner does not intend to 'erectr
move, add to or alter the building located at 51 Bridge Street in Salem.
_ vi
j
U
!ao 0
Uj
N v"�i c IIS
Z via
co a V
cr tom+
The Application for Permit was denied by the Inspector of Buildings for the foffdwing
reason(s):
Not applicable.
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:
The Petitioner seeks relief from Article VII, Section 7.3 (off-street parking).
The site in question has housed Abel's Electric Shaver Clinic for the past 22
years. The site is a pre-existing nonconforming use of the land which does not
provide off-street parking. The proposed use by Petitioner as a barber shop/
beauty parlor is a permitted use of this property and, therefore, will not
substantially derogate from the intent and purpose of the Zoning Ordinance.
When the building was constructed, there was no requirement of off-street parking.
Enforcement of this provision would pose a substantial hardship upo Petitioner
by not allowing him to use the site as permitted in 11 distr'
Owner.: ~U ......... ......:�—
Address... Clifton Avenue, ....j........
Telephoue.(508) 744.2396 .,p.
Petitioner.... .:`4 .........
Address? Nort , n Street, PeabOdy, MA
Date.Apri1, 27j, 1995,,, ,, .. Telephone. 50§Z 531,-8506 , ,,,,,,,,,,,,,,,
By. ......
icholas P. Vontzalides, Esquire
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. . . . . . . . . . . . . . . . . . . - -
• I
PETITION TO BOARD OF APPEALS
LOCATION
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Petitioner. . . . . . . . . . . . . . . . . . . . . . .
Address.. . . . . . . . . . . . . . . . . . . . . . . . . .
CONDITIONS
. . . . . . . . .
PETITION APPROVED. . . . . . . . . . . . . ( )
DENIED. . . . . . . . . . . . . ( )
Date: . . . . . . . . . . . . . . . . . . 19. . . . .
•
04-28-95.15:27:58.52190-LMAY
e
b
CITY OF SALEM
BOARD OF APPEAL '
745-9595 Ext.381
Will hold a public hearing for all persons inter- j
ested in the petition submitted by JOSE P.MATOS
for a Variance from parking for the property
located at 51 BRIDGE STREET(B-1).Said hearing
+ to be held WEDNESDAY,MAY 17, 1995 AT 6:00
• P.M., ONE SALEM GREEN,second floor.
' STEPHEN TOUCBETTE, Chairman
'.� May 3, 10, 1995 SN52190
PLOT_PLAN OFLANDIN SALEM, MA. , OWNED BY BORIS & JULIA ABEL
SCALE: 1"=10'
DATE: APRIL 26, 1995
NOTE: Offsets shown are approximate by tape survey
BAYSTATE SURVEYING ASSOCIATES
234 CABOT STREET, BEVERLY, MA. ,
59�'" sIC
s EER �
nr �
r TIROS `^
J0.26094
{ � IsTEE°�a " !3 L{�OY
dlo�
n° Obti
N % Sw i
4 "
NIS
�,TrnAN /
gv�
r
,t I
I / 2N.42_ y�l
w
BRIDGE ST,
i U
BOARD OF ASSESSORS PAGE
CITY HALL
77'71 1
DATE 2
z ?
ALEl14 t1
2 ......
..... .. 11, CEP T 'L I ST.........
3
CERTIFIED 46U
3 7------
4
. .................
4
SUBJECT PROPERTY: MAP. 36 Lar. 0293 SUFE;
PROPERTY ADDRESS: 0051 BRIDGE STREET 7
Agg rQQr-1-1 nljhfgo A P J:-1 1:1 1�0 T 2
7
t m .......
t "I
10
.......... ........
A
g-11
DORES
...... ....
A ELL OT _pf)2F'WTy Ag-
o :3
4�
:1 36 0'293 005-1 BRIDGE r STREE ABEL BORIS 51 BRIDGE STREET' 5
12 JULIA W SAL1
EM MA 01970 6
;
3 -361 B'R S ,RE
n, %-x
I M 9
4
X- AL E-JlMA 0-'1970
t 20
15 ED6
SALEM MA 01970 21
22
7 36 0290 0012 OSGOOD STREET 1/2 TUNGKHAR TSEWANG N 12 1/2 OSGOOD STREET23
is SALEM MA 01970 24
mlSTREET
I r...'I I
GEop -1, 8., r )" ..I I I.......... ..I m 25
11 P WEC" STREE
644 A` 6 A I
Al'EJl-r',M 91
I.... 1 27
I I,
.......... ..........11,11I,t. 28
boAt, 7,(3,
A ........
0 , .....
28
21 EQT ...........
1, Im
22 LIT11AN HENRY TRUSTEE SALEM MA 0-.1970
023 36 0292 302 0049 BRIDGE STREET FORTY NINE BRIDGE STREET TRUST 49 BRIDGE ST
31
24 LITNAN HEBRY TRUSTEE SALEM MA 01970
25 -e 303 I...I.I.I.I I I.
..... . .I I.... . .....
z .. .
...........
.............
..
26 TMAN"HENR-"TRUR tt` ..
2Q, TRGILAKIS-PEJ . . ... I
336•
`005RlCjF, 'E" 5
2 SALEM PIA 01970 37
2: 36 0295 0057 BRIDGE STREET 59 GEORGIL.AKIS REALTY TRUST 51A BRIDGE ST 3
3
30 GCO RGI L AKI 6 PETER J TR SALEM MA 0-1970 40
1 �I ..l.I I—,,,.I,I � "1%,1,, I , %,,'m � 4
..............% ....... . I....
3
..........
421
I--
-
.............. .I.... . .................. ..I...
32
...... ....
1 43
k"
33
....... .I 111 434 4
45
•35 46
47
36 48
37 m, 40
..I....... ....
I I I I 1 11 1,It I 1 50
3e-
..........
52
2,t;I m
39 m
-53
54•
•41 551
42 88
z
43
I..... 57
58
45
............I,
....... 60
............
0 46 61:2
47 3
48 84
41 7 .........
ct�, I ...... It 1 1, 86
83
0
Ip I
67
'Im
Z ............. 68
69
52
0 10•
53 71
54 72
�PETEE?miV CA R(
73
%
I�"o
I Is,I,,�., ,* .-u R%I'�'ASSE S5C R 74
' I%
6
7 It
...........
40. a m
Poo S T •�
00
° ?�I p�e0 r J e0 qI " • a m p ,Q m� f
�e9 A. oxv
,psi ry ro 238 /mom 234
X90 qm 3 6.8:.AC
/9.6 A'G
'
4,
Q a 238
T ,v. ,�O 14,656 ff T v° 300-9 239 � 24
z
4 P L A N T R S ,B a ;7 0� ?,97.'
93
0
/ 10 r , ie_e ?e`� eO 7e 4 S, T R
t95.. o 253 ° eq -
n9 a h 76 sits 2
Bot " v 3? ` °B5� 250 ® a`
3
al8,910 ?48
so
,
ry
All , P go o lei
o
Ce e r
6o hO / a 3ggo yb J ei'
h hb 962 gBs o ��
ham.' : '�- ,S ee 20 @ 28 ,29 8S ?g •o J,. .?
/g4 �RpMw va qo 6 Qso � .3B 3 e�8 .,. i
B q,siQ � u" s s8* 'f C C•, „S r P BPS � S
.o, H
m No 298
b " 298
�S3 Rte' 3 04 309
w O
1
co
CO
5' fit 3. s Bol �.O 3
,p 1,00o k� Q:: �! N
Ir
s u at/ / o m 0
4 C g r ze_s .3p2 303 r mA' a 11.638
" ' 9 o N R p 'E Job
s,B II p
SQ O3/9
4,
�o y hep 4 V'r 'a
oz to
490
APPEAL•SE NO. . . . . . . . . . . . . .
3r 4 Ti#u of LSalem,, �3H�zssttrlluse##s
�Rnttrb of '4pud
TO THE BOARD OF APPEAL:
they
The Undersigned represent thatxKLX iKXxYX/are the owners of a certain parcel of land
located at: , . 51.Bridge .,,,Street; Zoning District.B-1....
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.
There are no Plans for work proposed, since the Petitioner does not intend to erect,
move, add to or alter the building located at 51 Bridge Street in Salem.
F- m V
G >W o
C ? J
w
-� civ
to c a
z,
The Application for Permit was denied by the Inspector of Buildings for tM 'Rowing
reason(s):
Not applicable.
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:
The Petitioner seeks relief from Article VII, Section 7.3 (off-street parking).
The site in question has housed Abel's Electric Shaver Clinic . for the past 22
years. The site is a pre-existing nonconforming use of the land which does not
provide off-street parking. The proposed use by Petitioner as a barber shop/
beauty parlor is a permitted use of this property and, therefore, will not
substantially derogate from the intent and purpose of the Zoning Ordinance.
When the building was constructed, there was no requirement of off-street parking.
Enforcement of this provision would pose a substantial hardship upon Petitioner
by not allowing him to use the site as permitted in aaBB-1 di tLvr�T�✓(, t.
Owner ::.'."' 2:..... .....i
Address.23 Clifton Aven , Salemw. MA
TeIeohoue.(`q,0a1744.2396
Petitioner. ...- (� J . .........
9 Northehd street, Peabody, MA
Address............ .................... .
Date.M;r. 271. 1995....... Telephone ((5081,531,-8506 . .............. .
By.. 0.s.�. .............
Nicholas P. V �tzalides, Esquire
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. . . . . . . . . . . . . . . . . . .
1 -
t. J f.
PETITION TO BOARD OF APPEALS
r I
LOCATION
Petitioner_ . . . . . . . . . . . . . . . . . . . . . .
Address.. . . . . . . . . . . . . . . . . . . . . . . . . .
• CONDITIONS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PETITION APPROVED. . . . . . . . . . . . . ( )
is
DENIED. . . . . . . . . . . . . ( )
Date: . . . . . . . . . . . . . . . . . . . 19. . . . .
t
PLOT- PLAN OF LAND IN SALEM, MA. ; OWNED BY BORIS S JULIA ABEL
SCALE: 1"=10'
DATE: APRIL 26, 1995 -
NOTE: Offsets shown are approximate by tape survey
BAYSTATE SURVEYING ASSOCIATES
234 CABOT STREET, BEVERLY, MA. ,
a `ZHCF
sn E,
;
a� No.2604 O'"(
to0 �oI
cIsTE�
6R 3
I
n �bti
4 "
NIS
LiTMPJ
5�
t
#51 �
I 1 zU.yZ yam(
w
BRIDGE ST,
U
-- PLOT- PLAN OF LAND IN SALEM, MA. ; OWNED BY BORIS 5 JULIA ABEL
SCALE: 1"=10 '
DATE: APRIL 26, 1995
NOTE: Offsets shown are approximate by tape survey
BAYSTATE SURVEYING ASSOCIATES
234 CABOT STREET, BEVERLY, MA. ,
¢AA"AA�
0 RT H
a
N't
t .26094
e. ti° L OY
�°sTtiP
=< a
n° Obti
N , Sw
4 "
i
NIS
u Trn AN i li'll
oocn
t
� � i / zU•�fZ � H��
I'*
BRIDGE ST,
U