18 BROADWAY - ZBA Q18 BROADWAY
` --- JOSEPH SILVA (Petitioner)
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cmwo� APPEAL CASE NO. . . . . . . . . . . . . .
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TO THE BOARD OF APPEAL:
The Undersigned represent that he/she is/are the owners of a certain parcel of land
located at: .. . 1 �'1` �� (zC-c--`�' Y` u�• . .Street; Zoning District. . . . . . ..... . . . ... .. .
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
reason(s):
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:
Owner... .. ... e.. .C.�.e r✓� �/ .......
Address..
Telephone....... ........................
Petitioner...�0-5• �/ ••• ^� � '
Address.. z..�f%�
Date.
/ :.,. ..... Telepkfoe... 0�.. /. ....
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Three copies of the application must be filed 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.
APPEAL CASE NO. . . . . . . . . . . . . .
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3 fit" of 'ppm, � ttss�clTusei�s
Moura of Appeal
TO THE BOARD OF APPEAL:
The Undersigned .ent that he/she is/are the owners of a certain parcel of land
�. .. . . . . ......,
located at:.. . . . .`• . •• •Street; Zoning District.. . . . . .
of the Massachusetts
and said parcel is affected by Section(s). .. . .. ....... .. .. .. . . .
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
reason(s): ('
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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: f�
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Owner. ;Y../CJ e .. .C.Y•�. !'✓fes / .......
Address... •-�E'.a4 .F..S �Gf':ti'
Telephone. ......... .....................
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Petitioner.... QS•� / ((••••:,1J' � �y
Address..Date.y/ 4. 2..1t� {{��i'x /
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Three copies of the application must be filed Secreta y of
fwthe Board ftAppeal
with a check, for advertising in the amount of $.••••.••.•
meeting of the Board of Appeal, Check payable to the Salem Evening News.
(City of Salem, � flussttcllusPtts
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nttra of �upeal
DECISION OF THE PETITION OF JOSEPH SILVA REQUESTIftG_ .=;_ ., .
VARIANCE FOR THE PROPERTY LOCATED AT 18 BROADWAY' (I;
A hearing on this petition was held June 19, 1996 with the following Board
members present: Gary Barrett, Chairman, Nina Cohen, Albert Hill, Joseph
Ywuc and Richard Dionne. 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, requests a Variance for a Change of Use to allow a second
business as a towing service for the property located at 18 Broadway.
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 was represented by Attorney Steven Lovely.
2. There was no neighborhood opposition.
3. Parcel of land in a'uestion is located in B1 district. The proposed
use is an acceptable use for a B1 district.
4. The lot will share two different Businesses A) Bowling Alley, B)
Towing Service.
5. Gilford Transportation Industrial expressed concern that the petitioner
would cross the tracks to enter of leave the lot. Petitioner stated
that there would be no entrance or exit over the ?.R. tracks.
6. Lot would be used for storage of motor vehicles .
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.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
3. Desirable 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.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant
the variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statures, 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 building permit prior to beginning any
construction.
4. Petitioner shall obtain proper street numbering from the City of Salem
Assessors office and shall display said number so as to be visible from
the street.
5. A Certificate of Inspection is to be obtained.
6. Petitioner shall maintain in good condition, a safety fence, which
shall enclose the portion of the lot which will be used for the towing
service.
Variance Granted
June 19, 1996
Joseph Ywuc, 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
(fitu of $Idem, 'Mttssadjusetts
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JULY 8, 1996
YOU ARE HEREBY NOTIFIED THAT AS OF JULY 3, 1996 THE DECISION OF
THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE CITY CLERK TO
GRANT THE PETITION OF JOSEPH SILVA REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 18 BROADWAY, SALEM, MASS.
PETITION GRANTED
BOARD OF APPEAL
SALLY C. MURTAGH
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.
Board of Appeal
s
DATE OF HEARING
PETITIONER jj�
LOCATION
MOTION: TO GRANT SECON AMENDMENT SECOND
TO DENY SECOND
TO RE-HEAR SECOND
WITHDRAW SECOND
CONTINUE SECOND
ROLL CALL PRESENT GRANT DENY AMEND WITHDRAW RE-HEAR CONTINUE
GARY M. BARRETT
ALBERT C. HILL
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NINA V. COHEN
ASSOCIATE MEMBERS
ARTHUR LEBRECQUE
JOSEPH J.YWUC
CONDITIONS:
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.- - 402 Amherst Street-Suite 300
Nashua, NH 03063-4228
603 595 1614
603 595 2414 FAX
GUILFORD TRANSPORTATION
June 10, 1996
City of Salem
Board of Appeal
One Salem Green
Salem, Massachusetts 01970
Dear Sir:
I have recently received a notice, copy enclosed, pertaining
to a land use within your jurisdiction. Guilford Transportation
Industries, Inc. manages the real estate matters for several
corporations and as such would like to respond to your notice.
This notice applies to one of the corporations owned by
Guilford Transportation Industries, they are as follows:
° Boston and Maine Corporation
Maine Central Railroad Company
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°_ Springfield Terminal,'.Railway Company
° Hudson River Estates, Inc.
° Delaware River Estates, Inc.
° DH Estates, Inc. (formerly Delaware and Hudson
Railroad)
Please excuse the form nature of this letter. However, the
railroads receive many notices each day and it is often difficult
to review the topic of each notice between the time in which it
is received and the date set for hearing. Therefore, we ask your
cooperation in this regard.
Although the railroads are concerned with each and every
notice, there are certain instances which you may become aware of
that are of particular concern. The railroads are concerned
about any petition which involves land plans showing a crossing
of railroad property. The railroads' concern exists even in the
event that your petitioner indicates that it is the holder of a
valid railroad. crossing. Further, the railroads are particularly
concerned about development within 25' from the centerline of an
existing railroad track, even if such development occurs on non-
railroad property. As such, petitions for variances from set
back requirements can be particularly troublesome.
Salem Board of Appeal
June 10, 1996
Page Two
The railroads ask your cooperation in bringing their
attention to any such matters.
This letter should not be construed as a waiver of any other
objections which the railroads may have to a proponent's plan.
Thank you for your anticipated cooperation in this regard.
Sincerely, / y
Leonard A. Lucas (((
Vice President
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c: Stephen F. Nevero
Vice President-Engineering
(above w/enc. )
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BK6631 PG515
ndlepin Lanes , Inc .
rporation duly established undo: the laws of Massachusetts F
having its usual place of business at 18 Broadway, Salem
Essex County, Massachusetts, for consideration paidr
'f A7eo,000 � •.4� �.
pOto Lawrence E. Derito, Trustee of DFI Trust under Declaration of
at dated August 1, 1979 to be recorded with Essex South District _
egistry of Deeds herewith
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with i.
{ 2, North Hill Drive, Lynnfield, Essex County, MA fitiirlaiut rnnruanfa ;°•:
land at with the buildings thereon, situated in Salem, said Essex
ounty, bounded and described as follows : f,
[ cscri tbn and enc branccs, i1 y]
ginning at a stone t - - w�i�ch marks the ntersection of the Westerly 1�
ine of Broadway and the Northerly line of Ocean Avenue, being the t
ortheasterly corner of the lot to be described ; thence running Westerly
h a continuation of the Northerly line of Ocean Avenue One Hundred Nine
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(109) feet, more or less, to land now or formerly of Marblehead Branch, Ip.
oston & Maine Railroad ;
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yhence running in a Southwesterly direction Twoew Hundred Thirteen (213) Y
eat, more or less, in the boundary of said Boston & Maine Railroad property
t ' nee forming an angle and running Southerly . by the same Boston & Maine -
ilroad property. Thirty-two (32) feet , more or less, to a stake ; p
hence running Easterly by land now or formerly of Madden et al , Two '.
iVndred Forty-three (243) feet , more or less, to the Westerly line of
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roadway;
hence running Northerly in the Westerly line of Broadway Two Hundred II"
200) feet, to the point of beginning . ('
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ontalning Thirty-six Thousand Eight Hundred (36, 800) square feet of . land tl
ore or less.
LSO: A parcel of land on the Westerly side of Broadway in said Salem, I
ounded and described as follows : ;! ! ,
Easterly by said Broadway Two Hundred (200) feet ; hl ' '
bUthergly by land now or formerly of Joseph T. Mackey, Two Hundred
Ninety (290) feet ;
Westerly by land of the Boaton & Maine Railroad , Two Hundred Five T.
(205) feet ; j
ortherly by land of Santist and Letarte, Two Hundred Forty-three
(243) feet .
Containing 53, 300 square feet as shown on plan entitled, " Portion of Land '
of Joseph T. Mackey, Broadway, SaleM Mass . , Scale 1 in. =40 ft . , March 1958,
eal B. Mitchell , Registered Land Surveyor} recorded with Essex South
istrict Registry of Deeds, in Book 4456, Page 471 . jta
cepting therefrom so much of said parcel as was conveyed to Isabelle Ablow
by deed dated December 3, 1963, recorded in said Registry in Book 5131, Page
268.
aid premises are conveyed subject to a sewer easement to the City of �a
Salem across the Northerly boundary of said premises as shown on said
plan.
Subject to a first mortgage of even date herewith from the grantor to
Thomas H. Letarte et als to be recorded herewith in the amount of $275,000
hich the Grantee assumes and agrees to pay. Subject also to a second mort-
age of even date herewith from the grantor to Thomas H. Letarte et als
to )ie recorded herewith . t 6 ,
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`': 11 111tIItCIif3 It1j�Cr1'D , the said Candlepin Lanes + Inc.
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f' has czused its corporate seal to be bercto afbzcd and these presents to be signed, acknowledged qu;'
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� delivered in its name and behalf by George Feeney '� `�.,. ••
hereto duly authorized, this 11 i�+
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a a , of September in the year one thousand nine hundred and seventty.:V11*1L Y '
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i; Sli:nrd and sealed in ptncucc of CANDLEPIN LANES INC ' tri A
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Essex ss. SE'T�M6ERtt1 14
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Then personally appeared the above named George Feeney
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and ati,nowledged the foregoing instrument to be the free act and decd of the Candlepin .+
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1.1) commission expires.........!�t�.t' ...... l) .:19,E'p�
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