92 COLUMBUS AVENUE - ZBA (2) _ 92 Columbus Ave. R-1
William & Sallie Cass
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DECISION ON THE PETITION OF WILLIAM & SALLIE CASS FOR A
VARIANCE AT 92 COLUMBUS AVE. (R-1 )
A hearing on this petition was held June 26, 1991 with the following Board Members
present: Richard Bencal, Chairman, Richard Febonio, Edward Luzinski, Mary Jane
Stirgwolt and Associate Member Ronald Plante. 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, owner of the property, is requesting a Variance to allow a temporary
boat shelter in this R-1 district.
The Variance which has been requested may be granted upon a finding of the Board
that:
a. Special conditions and circumstances exist which especially affect the land, :
building or structure involved and which are not generally affect other lands,
buildings or structures in the same district.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise to the petitioner.
c. Desirable relief may be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent of the
district or the purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented, and after
viewing the plans, makes the following findings of fact:
1 . The Ward Councillor spoke in favor.
2. There was strong neighborhood support.
3. A variance was originally granted allowing this temporary boat shelter in
1987 and was extended for six months.
4. Petitioner was unable to complete construction of his boat in the time alloted
by the original variances due to financial constraints.
5. There have been no complaints received by the Building Inspector or the
Ward Councillor regarding this boat. shelter.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property but not
the district in general.
2. Literal enforcement of the Ordinance would involve substantial hardship to
the petitioner.
DECISION ON THE PETITION OF WILLIAM & SALLIE CASS FOR A
VARIANCE AT 92 COLUMBUS AVE. , SALEM
page two
3. The relief requested can be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent of the
district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Variance
requested, subject to the following conditions:
1 . Temporary boat shelter is to be built as per the plans submitted.
2. A building permit is to be maintained.
3. This Variance will expire on July 25, 1993.
4. All requirements of the Salem Fire Dept. relative to smoke and fire safety
are to be strictly adhered to.
Variance Granted
June 26, 1991
F(dinald G. Plante, Associate 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 ass.General Laws, Ch3afteMthe date-.of filing of this pter a decs on n he office Ofit be ad witn he City cerl,.
days
the Variance
N' of the
n pursuant to Mass. General Laws. Ch.ii n ' to Section 1 ,
or `ipeciai Permit granted he'^e in sh'll nat lake effect until a days h
it imr.
decision, bearing the cerillication or Ther that, if such aappeal his hbeen
on) `- ;_� elapsed and no appeal has been filed,
- filed,that it has been dismissed or denied Is recorded in o the South ord I
-' Registry of Deeds and indexed undeers Certit tate ofhTitle owner of record b
�e fecorded and noted�n the own
BOARD OF APPEAL
YL
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10TION: 7D GRANT ECCND
TO DENY SECOND N
70 RE—HEAR SECOND
LEAVE TO WITHDRAW SECOND
0 CONTINUE SECOND
F:OLL CALL PRESENT GRANT DENY WITHDRAW RE—HEAR CONTINUE
o
GEORGE A. AHMED t/
FRANCIS GREALISH
EDWARD LUZINSKI
0 .m
ERHEN T�UCNETT l�
A_'SOC=..TE '1EMBERS
RONALD P'.?.NTE
ARTHUR L113RECCUE
c:ONDITIONS:
APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . .
�Rorzrb of ' }"Vd
TO THE BOARD OF APPEALS:
The Undersign d represent th t he is are the owners of a certain parcel of land located
at NO. �: : . . . . . . . . . . . . . . . . . . . . .Street; Zoning District. . .A-
. . . . . . . . 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 IX A. 1 of the Zoning Ordinance.
co
cQ% 41
The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
.r
The Undersigned hereby petitions the Board of Appeals 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 dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons: _ i2
12, 2
OwnerY
Address
Tel ephone��f. — �
Peti ti oner(N/�� ��L
(! / Address./. II/?�� a'i3. . .1411F—�. ./r / .
Date. . .��:� . //.��,1. . . /L C
Te 1 e e�f �7�n���W . . . . .
By����� .. . . . . . . . . . . . . . . . . . . . .
Three copies of the application must be filed with the Secretary of the Board of
Appeals with a check, for advertising in the amount of. . . . . . . . . . . . . . . . . . . . . . . . . .
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
NO....................................
PETITION TO BOARD OF APPEALS
LOCATION
.........................................:......................
PEI 11 IONP.R..........................................
ADDRESS...........---.............................
................................................
CONDI I IONS
........................... ....................................
........................ ............I..........................
................................................................
.................................................................
.................................................................
.................................................................
PETITION APPROVED.................... ❑
DENIED......................... O
.............................................. 19.........
T Titg of "'5' ttlem, cmttssadjusetts
Paurb of ' Ppral
DECISION ON THE REQUEST FOR AN EXTENSION OF VARIANCES GRANTED TO 92
COLUMBUS AVENUE (R-1)
At a hearing held June 16, 1993, the Board of Appeal voted unanimously,
5-0, to allow a six (6) month extension for Variances granted allowing a
temporary boat shelter to remain in this R-1 zone. Said extension shall be
up to and including January 25, 1994.
Stephen Member
Board of Appeal
r
--------------- -------------- ---------------- —
DATE OF PERMIT PERMIT No, OWNER LOCATION R
11/29/74 I #344 I City of Salem 92 Columbus Avenue
STRUCTURE MATERIAL DIMENSIONS No.OF STORIES No.OF FAMILIES WARD COST
2 1 1 994.00
Demolish Wood 201x30'
BUILDER
FIN RW= Pioneer Equipment Co. .
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I
Demolish ( Dwell)
5/18/78 #175 (Owner William Cass 3rd) Erect single family dwelling.
(superstructure 7/11/78)
BOARD OF APPEAL: 10/7/87 - GRANTED - Variance to allow construction of a temporary
boat shelter
11/ 18/87 111256 ERect Temporary Shelter for boat (Expires 12/31/90) est . cost $ 1 ,000.
fee $20.00 (Owner - William & Sallie Cass)
BOARD OF APPEAL: 11/14/90 - GRANTED a six (6) month extension of the Variance allowing
the temporary boat shelter. Six month period to begin on the expiration date of the
said variance. 12/31/90 to 6/30/91
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DECISION ON THE PETITION OF WILLIAM & SALLIE CASS FOR A VARIANCE
AT 92 COLUMBUS AVENUE (R-1 )
A hearing on this petition was held October 7 , 1957 with the following Board h;embers
present: James Fleming, Vice Chairman; Messrs. , Bencal, Lu--inski and Strout.
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.
The petitioners, representing themselves, are requesting a Variance from setback
requirements to allow for the construction of a te:-porary boat shelter at 92
Columbus Avenue, which is in an R-1 district.
The Variance which has been requested may be granted upon a finding of the
Board that:
a. special conditions and circumstances exist wh ch especially affect the
land, building or structure involved and which are not generally affecting
other lands, buildings and structures in the same district:
b. literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner;
c. desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal,. after careful consideration of the evidence presented, and
after viewing the plans, makes the following finding's of fact:
1 . There was strong neighborhood support for the petition expressed
at the hearing, including the approval of all the abutters;
2. The plans proposed are in harmony with the neighborhood are relate
to the ship building history of the area.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
1 . Special conditions exist which affect the subject property but which
do not affect the district generally;
2. Literal enforcement of the provisions of t.".e Zoning Ordinance would
work a substantial hardship to the petitioner;
3. The relief requested can be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
DECISION ON THE PETITION OF WILLIAM & SA.LLIE C=.SS FOR
VARIANCE AT 92 COLUMBUS AVENUE, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the
requested Variance, subject to the following conditions:
1 . The temporary boat shelter is to be built as per the plans submitted;
2. A building permit rust be obtained fro_:, the Building Inspector;
3. This Variance is to expire on December 31 , 1990.
VARIANCE GRANTED
1 �
;games hi. Fleming, Esq. , Vice airman
A COPY OF THIS DECISION HAS BEEN FILVED WITH THE PLANNING BOARD AND THE CITY CLERK
.. 1..1 F_ _'-r P_PSU4,i TJ S,CTfOC 17 OF THE '
AF EN 1HE C;-.E C� f _:..J
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Cr RCC 111 OR IS Rc:.JRD D A%' ROI O ON T..E C- R S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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,BoarU o{ 'AiIpP211
DECISION ON THE REQUEST FOR AN EXTENSION OF VARIANCES GRANTED TO 92
COLUMBUS AVENUE (R-1)
At a hearing held June 16, 1993, the Board of Appeal voted unanimously,
5-0, to allow a six (6) month extension for Variances granted allowing a
temporary boat shelter to remain in this R-1 zone. Said extension shall be
up to and including January 25, 1994.
Stephe�y, Member
Board of Appeal
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July 3, 1991
NOTICE IS HEREBY GIVEN THAT AS OF THIS DATE THE DECISION
OF THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE
CITY CLERK TO GRANT THE PETITION OF WILLIAM & SALLIE CASS
FOR VARIANCE TO ALLOW TEMPORARY BOAT SHELTER AT 92 COLUMBUS
AVENUE TO REMAIN UP TO AND INCLUDING JULY 25, 1993.
BOARD OF APPEAL
Brenda M. Sumrall
Clerk of the Board
Appeal from this decision, If any, shall be made pursuant to Section 17 of
the Mass. General Laws,chapter 808, and shall be filed within 20 days
after the datekof filing of this decision in the office of the City Clerk.
Pursuant to Mass. General Laws, Chapter 808, 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 er the owner of record or
IS fecorded and noted on the owner's Certificate of Title.
BOARD OF APPEAL
of �ittivm, 4RU55acliusetts
$ nttrd of Aqirtt13 Z 19 Fl 91
CITY ! ` ,1SS
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DECISION ON THE PETITION OF WILLIAM & SALLIE CASS FOR A
VARIANCE AT 92 COLUMBUS AVE. (R-1 )
A hearing on this petition was held June 26, 1991 with the following Board Members
present: Richard Bencal, Chairman, Richard Febonio, Edward Luzinski, Mary Jane
Stirgwolt and Associate Member Ronald Plante. 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, owner of the property, is requesting a Variance to allow a temporary
boat shelter in this R-1 district.
The Variance which has been requested may be granted upon a finding of the Board
that:
a. Special conditions and circumstances exist which especially affect the land;:
building or structure involved and which are not generally affect other lands,
buildings or structures in the same district.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise to the petitioner.
c. Desirable relief may be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent of the
district or the purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented, and after
viewing the plans, makes the following findings of fact:
1 . The Ward Councillor spoke in favor.
2. There was strong neighborhood support.
3. A variance was originally granted allowing this temporary boat shelter in
1987 and was extended for six months.
4. Petitioner was unable to complete construction of his boat in the time alloted
by the original variances due to financial constraints.
5. There have been no complaints received by the Building Inspector or the
Ward Councillor regarding this boat- shelter.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property but not
the district in general.
2. Literal enforcement of the Ordinance would involve substantial hardship to
the petitioner.
DECISION ON THE PETITION OF WILLIAM & SALLIE CASS FOR A
VARIANCE AT 92 COLUMBUS AVE. , SALEM
page two
3. The relief requested can be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent of the
district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Variance
requested, subject to the following conditions:
1 . Temporary boat shelter is to be built as per the plans submitted.
2. A building permit is to be maintained.
3. This Variance will expire on July 25, 1993.
4. All requirements of the Salem Fire Dept. relative to smoke and fire safety
are to be strictly adhered to.
Variance Granted
June 26, 1991
Frcfnaid G. Plante, Associate Member
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Athis decision, If any, shall be made pursuant to Section 17 of
ppeal from and
_
the
afteMass.
date of filing ,f this deciis ochapter n n hthe off ce oIf the City Clark.days
the Variance
Pursuant to Mass. General Laws, ,,-q,-,e, `%Ca• Section til of the
ranted herein sn❑ll not take effect until a copy
or Special Permit£,
u— decision, bearing the certification of Ita City Cif s that
appealahis been
elapsed and no appeal has been filed, or that,
t,
l filed,that it has been dismissetl or denied is recorded in o the South ordEss"0
Registry it Deeds and indexed under the name or the owner of record W
is worded and noted on the owner's Certificate of Titla.
c+'u BOARD OF APPEAL
YL
f CITY OF SALEM i -
` BOARD OF APPEALCITY OF SALEM
. ,
745.9595 Ext. 381
� BOARD OF APPEAL
,
;Will hold a public hearing for all persons inter- d ' 745.9595 Ext. 381
.:.ested in the petition submitted by WILLIAM & Will hold a public hearing forall persons inter-'
SALLIE CASS for a Variance to allow temporary ... ested in the petition submitted by WILLIAM &
t °boat shelter to remain for an additional 1%to 2 SALLIE CASS for a Variance to allow temporary
t-;'Z years at 92 COLUMBUS AVE.(R-1).Said hearing boat shelter to remain for an additional 1'h to 2
to be held WEDNESDAY;JUNE 26,1991 at 7:00 =years at 92 COLUMBUS AVE.(R-1).Said hearing
-"-.. P.M.,ONE SALEM GREEN,2nd floor. to be held WEDNESDAY,JUNE 26, 1991 at 7:00
RICHARD A- BENCAL, Chairman .', P.M., ONE SALEM GREEN, 2nd Boor. .
June 12, 19, 1991 ; June 12, 19, 1991HARD A. BENCAL, Chairman
CITY OF SALEM CITY OF SALEM
BOARD OF APPEAL BOARD OF APPEAL
745-9595 Ext. 381 745-9595 Ext. 381
Will hold a public hearing for all persons inter- I Will hold a public hearing for all persons inter-
ested in the petition submitted by WILLIAM & ested in the petition submitted by WILLIAM &
SALLIE CASS for a Variance to allow temporary SALLIE CASS for a Variance to allow temporary
boat shelter to remain for an additional 11A to 2 boat shelter to remain for an additional 1% to 2
years at 92 COLUMBUS AVE.(R-1).Said hearing - years at 92 COLUMBUS AVE.(R-1).Said hearing
to be held WEDNESDAY,JUNE 26,1991 at 7:00 to be held WEDNESDAY,JUNE 26, 1991 at 7:00
P.M., ONE SALEM GREEN, 2nd floor. P.M., ONE SALEM GREEN, 2nd floor.
- - RICHARD A. BENCAL, Chairman I RICHARD A. BENCAL, Chairman
June 12, 19, 1991 June 12, 19, 1991
DATE OF HEARING
PETITIONER
LOCATION
MOTION: TO GRANT / SECOND
y (�
TO DENY SECOND
TO RE-HEAR SECOND
LEAVE TO WITHDRAW SECOND
TO CONTINUE SECOND
ROLL CALL PRESENT GRANT DENY WITHDRAW RE-HEAR CONTINUE
RICHARD BENCAL !/
RICHARD` FEBONIO
EDWARD LUZINSKI
MARY JANE STrRGWOLT
ASSOCIATE MEMBERS /
RONALD PLANTS
CONDITIONS: p
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CTi#V of �zlem, � ��ttrhu�rf5
ire Department 31eaDquartcrs
48 'jGaf dtr 4trrrt
Joseph F. Sullivan c alem, 4Hu. 01970
Chief
City of Salem Date: June 26- 1991
Board of Appeal
One Salem Green RE: 92 0l Avgnue
William and Sallie Cass
Salem. MA 01970
The Salem Fire Department has no objection to the granting of a Special Permit and/or
Variance to allow: temporary boat shelter to remain for an additional 1, to 2 years.
This office has never received any complaints relative to Mr. Cass's operation Howe
T wnnl rl na rl anm� i nfnrrrvati nn of the ma tori al n rl f th ahal tar (i to F� tzz
subject to the follaaing conditions:
1- This property (#MM (is in) compliance with the provisions of the Massachusetts
General Laws, Chapter 148, Section 26E, relative to the installation of automatic
stroke detectors.
2- Plans for the proposed construction are to be presented to the Salem Fire Prevention
Bureau for approval prior to the issuance of a building permit.
3- The proposed construction shall conform to all applicable provisions of the Massa-
chusetts State Building Code, the Salem Fire Prevention Code, 527CMR(Code of Massa-
dnuestts Regulations) , the Salem City Ordinances, and Massachusetts General Laws
relative to fire and public safety.
4- The applicant and/or contractor shall arrange for an inspection by the Salem Fire
Prevention Bureau upon conpletion of the work.
geed, r�
OOrman P. LaPointe
Fire Inspector
Cc:
file
applicant
cn
�/MISE Ou �
Salem Historical Commission
ONE SALEM GREEN, SALEM, MASSACHUSETTS 01970
June 25, 1991
Richard Bencal , Chairman
Board of Appeal
One Salem Green
Salem, MA 01970
Dear Chairman Bencal :
The Salem Historical Commission is in receipt of your agenda
for June 26, 1991 of which petitions for 25 Beach Ave . , 152
Bayview Avee.. ,T7_ Roslyn_St4reet, 121 & 123 Boston Street, 86 Summer
Street andy92 Columbus Ave . will be heard.
vi
Enclosed for your information are building survey forms for
these six properties , which are between 75 and 150 years old. In
addition, please be advised that the location proposed for
construction of a single family dwelling at Skerry Street Court
is surrounded by historic properties including 1 & 2 Skerry
Street Court and 64 Bridge Street .
While the Commission takes no position on these petitions, we
are hopeful that the decisions made on these properties will be
with careful consideration of their historic fabric and those in
their surrounding neighborhoods .
In this regard, the Commission would be pleased to offer
design review, should the Board of Appeal request such services .
Thank you for your consideration .
Sincerely,
LiUiSL�( � /�LL�cj�-ac
THE SALEM HISTORICAL CSION
Annie C . Harris
Chairman
J4136
FORM B - BUILDING 34-13
ARU FORM NO.
MASSACHUSETTS HISTORICAL COMMISSION 6 ZI -HA
80 BOYLSTON STREET
BOSTON, MA 02116
1 Salem
fess gq rntn h n
7 toric Name
Present
RpaiAan+ iat
Original RpsiAantini
IPTION
Between 1875 and 1897
ce Atlases
le Queen Anne
itect
Sketch Map: Draw map showing property's location
in relation to nearest cross streets and/or Exterior Mall Fabric clapboard, shiny
geographical features. Indicate all buildings
between inventoried property and nearest Outbuildings
intersection(s).
Indicate north ( (I
Major Alterations (with dates)
V� Condition Good
•n.
Moved Date
✓A
Acreage Less than o—
Setting At intersection of tan hnsy
streets in 19th c. residential res(
neighborhood
c e.,
UTM REFERENCE Recorded by NorthfiolAc Praccar,r=+i
Associates
USGS QUADRANGLE Organization _ P3aFJFJi.kq .,_p.,
SCALE Date May I98
NATIONAL REGISTER CRITERIA STATEMENT (if applicable)
Located within the recommended Salem Willows Historic District,
eligible under Criteria A and C.
ARCHITECTURAL SIGNIFICANCE Describe important architectural features and evaluate in terms of
other buildings within the community.
92 Columbus Avenue is a modest , somewhat altered Queen Anne
house of two stories. Its cross-gabled roof is capped by a hipped
belvedere on the southeast elevation . A shed-roofed porch extends
from the northwest elevation and becomes a pergola at the southwest
elevation ; its balustrade has a jigsawn lyre motif. The main entry
is located at the junction of the wings , and has an entablature and
sidelights . Other details include blind-arched second-story
windows , a gabled wall dormer with fishscale shingles , and ocular
attic windows . Gable ends are shingled .
HISTORICAL SIGNIFICANCE Explain the role owners played in local or state history and how the
building relates to the development of the community.
This house is characteristic of the development of Salem
Willows with summer cottages during the late 19th and early 20th
centuries . It is shown on the 1897 atlas as belonging to A.F .
Hitchings , a special deputy collector at the Custom House , with a
residence at 8 Bentley Street .
BIBLIOGRAPHY and/or REFERENCES
Richards , Atlas of Salem, 1897
Salem City Directories
Essex County Registry of Deeds
8/85
June 24 X91
TO: City of Salem, Board of Appeal
I
CITY OF SALEM
` - - BOARD OF APPEAL y - -
-- 745-9595 Ext. 381
I. Will hold a public hearing for all persons inter-
ested in the petition submitted by WILLIAM & f
SALLIE CASS for a Variance to allow temporary
boat shelter to remain for an additional 1% to 2
Years at 92 COLUMBUS AVE.(R-1).Said hearing
to be held WEDNESDAY,JUNE 26, 1991 at 7:00
P.M., ONE SALEM GREEN, 2nd floor.
June 12, 19, RICHARD A. BENGAL, Chairman i
I
REF: ABOVE NOTICE
Dated June 12, 1991 William Cass and Sallie Cass
We the undersigned, abutters of the petitioners, neighbors and residents
of Juniper Point, Salem Willows have no objection whatsoever to their
mparery beat sheier-to-remaanor-ano-ther 1� to f-years. sl-fact-we
have all been supportive of their endeavors since they started. As a
matter of fact, many of the signators have assisted them and were happy
— a-be-a-part-o"he-venture-
The credit goes to a dedicated couple and we will continue to support them.
We trust your approval will be in accordance with ours.
-Thank--you—
NAME — -- — ADDRESS
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Chi# of Sateen, � ass rhuseff
�'�uoxw•. Aire Pepartmenf �teabquartrra
48 Pfgctte *trert
Joseph F. Sullivan �*nlem, 4flit. 01970
Chief
City of Salem Date: 6Lmp 26 . 1991
Board of Appeal
One Salem Green RE: 92 ColuTbus Avenue
William and Sallie Cass
Salem, NA 01970
The Salem Fire Department has no objection to the granting of a Special Permit and/or
Variance to allow: tenwrary boat shelter to remain for an additional 12 to 2 years.
This office has never 1goeived any complaints relative to Mr. Cass's operation However,
Lwnitlrl naorl annn infnrrnatinn of 4-h malarial ttcaA for the h It r (i t--, FI L-'I '
subJect to the follvwuzg conditions:
1- This property ( . . (is in) compliance with the provisions of the Massachusetts
General Laws, Chapter 148, Section 26E, relative to the installation of automatic
spoke detectors.
2- Plans for the proposed construction are to be presented to the Salem Fire Prevention
Bureau for approval prior to the issuance of a building permit.
3- The proposed construction shall conform to all applicable provisions of the Massa-
chusetts State Building Code, the Salem Fire Prevention Code, 527CMR(ODde of Massa-
chuestts Regulations) , the Salem City Ordinances, and Massachusetts General Laws
relative to fire and public safety.
4- The applicant and/or contractor shall arrange for an inspection by the Salem Fire
Prevention Bureau upon conpletion of the work.
Norman P., LaPointe
Fire Inspector
CC:
file
applicant
�TAPPEEAttL CASE NO. . . . . . . . . . . .. .. .. . . . . . . .
�l1 TtU of iaignt, c�7titlSS�iL 32$P S
13aarb of ' ppnd
J��UOL
TO THE BOARD Of APPEALS:
The Und rsign r resent that h is are the owners of a certain parcel of land located
at P10. . . . . � � . . . . . . . . . . . . . . . .Street; Zoning District. .Rd -
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 IX A. 1 of the Zoning Ordinance.
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The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
The Undersigned hereby petitions the Board of Appeals 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 dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons: G � y'� Cpivytd yrif6v� (�O
Gtivl�,Ny �Urvs f�in�i3 (76� 15
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b� a4ld waw
h U/ DLI 441111011
OwnerAOMN�i �.�. . . . . . .
Address.." . . . . . . . . . . . . . r •
Telephone�y.76 / (o. . . .. . . . . . f
i�G H111/ G� LAS
Peti ti on ��S
crier � .�. •c
�Z00�W/W0?IS1 VE � .Address. f • . .
Date !'t/e .. . ./� / Teleph 7 � . 6 �. /lj :o29a-5 S��
/ By. . . . . . . . . . . . . . . . . . .
Three copies of the application must be filed with the Secretary of the Board of
Appeals with a check, for advertising in the amount of. . . . . . . . . . . . .. . . . . . . . .. . . .
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
NO.................. . ... .....
PETITION 10 BOARD OF APPEALS
I(KATION
.............I. ..........-.........................I.........
PEI I I IONFIZ........................
ADDRESS... .. . ....
............................................
coNDI I IONS
.......................... ... .......I........ ...............
........................ .. ...............................
........... .............................-.....................
......................................... ............
...........................................................
.................................................................
PETITION APPROVED.................... ❑
DENIED.........................
............. 19.........
DECISION ON THE PETITION OF iowzayu
FOR A VARIANCE AT 9?,Z ee- ca� dtt-e-
A HEARING ON THIS PETITION WAS HELD ON
WITH THE FOLLOWING BOARD MEMBERS PRESENT: RICHARD A. BENCAL,
CHAIRMAN; EDWARD LUZINSKI , VICE CHAIRMAN; dj5SE++r-
5
AliGGIGNIFT, RICHARD FEBONIO-, MARY JANE STIRGWOLT AND
ASSOCIATE MEMBER RONALD PLANTE.
NOTICE OF THE HEARING WAS SENT TO ABUTTERS AND OTHERS, AND
NOTICES WERE PROPERLY PUBLISHED IN THE SALEM EVENING NEWS IN
ACCORDANCE WITH MASSACHUSETTS GENERAL LAWS CHAPTER 40A.
PETITIONER IS REQUESTING A VARIANCE RPRIPr
IN ORDER TO
IN THIS ,Q-/ ZONE.
THE VARIANCE WHICH HAS BEEN REQUESTED MAY BE GRANTED UPON A
FINDING BY 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 I-AND, BUILDINGS OR STRUCTURES IN THE 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 DEROGATING FROM THE INTENT OF THE DISTRICT
OR THE PURPOSE OF THE ORDINANCE.
THE BOARD OF APPEAL, AFTER CAREFUL CONSIDERATION OF THE
EVIDENCE PRESENTED AT THE HEARING MAKES THE FOLLOWING
FINDINGS OF FACT:
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2. 0,-,f 11Z'10nJ
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ON THE BASIS OF THE ABOVE FINDINGS OF FACT AND ON THE
EVIDENCE PRESENTED AT THE HEARING, THE BOARD OF APPEAL
CONCLUDES AS FOLLOWS:
1 . SPECIAL CONDITIONS EXIST WHICH ESPECIALLY AFFECT THE
SUBJECT PROPERTY BUT NOT THE DISTRICT IN GENERAL;
2. LITERAL ENFORCEMENT OF THE PROVISIONS OF THE ZONING
ORDINANCE WOULD INVOLVE SUBSTANTIAL HARDSHIP TO 'THE
PETITIONER:
3. DESIRABLE RELIEF MAY BE GRANTED WITHOUT SUBSTANTIAL
DETRIMENT TO THE PUBLIC GOOD AND WITHOUT NULLIFYING
OR SUBSTANTIALLY DEROGATING FROM THE INTENT OF THE
DISTRICT OR THE PURPOSE OF THE ORDINANCE.
THEREFORE, THE ZONING BOARD OF APPEALS VOTED TO
THE VARIANCE REQUESTED SUBJECT TO THE FOLLOWING CONDITIONS;
1 . 7-4,+ Ael, /s f '4 46111"- as 1" 6<4 t4l"
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BOARD OF ASSESSORS
CITY HALL PAGE.
SALLXM, MA QIQ71-1
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