23 GLENDALE STREET - ZBA ( '23 Glendale St. (R-1 )
l Frederick':Atkins Trust
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DECISION ON THE PETITION OF FREDERICK J. ATKINS
FOR A SPECIAL PERMIT AT 23 GLENDALE ST. (R-1)
A hearing on this petition was held May 19, 1993 with the following Board
Members present: Francis Grealish Jr. , Chairman; George Ahmed, Edward
Luzinski, Stephen O'Grady, and Stephen Touchette. 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 Special Permit to extend
nonconforming structure and use and to construct two dormers on the east
end of the building. Property is located in an R-1 district.
The provision of the Salem Zoning Ordinance which is applicable to this
request for a Special Permit is Section 5-3(j ) , which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the
Board of Appeal may, in accordance with the procedure and conditions set
forth in Section 8-6 and 9-4, grant Special Permits for alterations and
reconstruction of nonconforming structures, and for changes, enlargement,
extension or expansion of nonconforming lots, land, structures, and uses,
provided, however, that such change, extension, enlargement or expansion
shall not be substantially more detrimental than the existing nonconforming
use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit
requests, guided by the rule that a Special Permit request may be granted
upon a finding by the Board that the grant of the Special Permit will
promote the public health, safety, convenience and welfare of the City's
inhabitants.
The Board of Appeal, after careful consideration of the evidence presented
at the hearing, and after viewing the plans, makes the following findings
of fact:
1. There was no opposition to the proposed second level.
2. The property is currently being used as a boat yard.
3. Most of the boat storage has been moved off the property.
4. The petitioner agreed not to put windows on the northerly side of the
dormers nor to disturb the trees on that side.
J •
PETITION OF DOLORES FREDERICK J. ATKINS
SPECIAL PERMIT AT 23 GLENDALE ST. , SALEM
page two
On the basis of the above findings of fact, and on the evidence presented,
the Board of Appeal concludes as follows:
1. The Special Permit requested can be granted without substantial
detriment to the public good and without nullifying or substantially
of the district or the purpose of the Ordinance.
derogating from the intent P P
2. The granting of the Special Permit requested will promote the public
health, safety, convenience and welfare of the City's inhabitants and may
be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Special Permit requested, subject to the following conditions:
1 . Petitioner shall comply with all City and State statutes, ordinances,
codes and regulations.
2. All construction shall be done as per the plans and dimensions
submitted.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4 . Petitioner shall obtain a legal building permit.
5. No windows are to be placed on the northerly side of the dormers.
6. The trees on the northerly side are not to be disturbed.
7. A Certificate of Occupancy be obtained.
SPECIAL PERMIT GRANTED
May 19, 1993
twJ
Stephen C. Touchette, Vice Chairman
Board of Appeal
DECISION ON THE PETITION OF FREDERICK J. ATKINS
FOR A SPECIAL PERMIT AT 23 GLENDALE ST. , SALEM r>
page three
f;y
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE,,1tTY",'
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 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 owners Certificate of
Title.
Board of Appeal
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22 vVuLeW N/arwe 1l
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To: Fred J. Atkins, president and general manager, Fred J. Dion Yacht
Yard, Inc.
Re: Discussions involving variance for 23 Glendale Street, proposed
addition
Date: May 19, 1993
From: Laurie Hoover, 22 Willow Ave.
This is just to follow up on the discussions (on both Wednesday May 12th at
your office and on Monday May 17th at my residence) that we had regarding
the proposed dormer addition to 23 Glendale Street and the variance request for
that prosed addition. It is my understanding that we have agreed on the
following issues:
Due to my expressed concern regarding my privacy that
would be affected by the current building plans, you agreed
that the proposed dormer would be constructed without any
windows facing 22 Willow Ave and the variance would be so
amended;
El Due to my concern regarding aesthetics, you agreed that the
existing trees on our mutual property line would not be
removed;
O 1 Due to my concern regarding the beach area, you offered to
have your staff help in removing the larger debris that floats
in periodically;
11 You agreed that you have no problem with my 8-foot
rowboat, The Willow, residing on the beach, locked to the
seawall;
0 You agreed that Tom McMahon, owner of 23 Willow Ave.
can arrange to have the city deliver sand to help us keep the
seawall separating our properties from the beach from being
breached due to erosion.
Given these statements,
0 I agreed that, given the preceding agreements, I have no
problem with the construction of the nonconforming structure
to the nonconforming business at 23 Glendale Street.
Please let me know if I have made any errors or misstatements. Otherwise, I'll
see you tonight at the zoning meeting. I'll be available from 2:00 to 6:30 today
for your comments.
Thanks for your flexibility on these issues. I was pleased that our mutual
concerns could be worked out so smoothly. I look forward to years of pleasant
co-existence. Good luck on your new business venture and happy sailing.
Sincerely,
Laurie Hoover
22 Willow Ave
Salem, MA 01970
508 745-9290
cc: file,
Willowview Condominium Trust, Mary and Tom Demakes (22 Willow
Ave til), Tom McMahon (23 Willow Ave.), Richard Kincade, attorney
DATE:...................................... . ...... ... .
µ
.COHb,
r APPEAL CASE NO.... ............. .. .
CITY OF SALEM, MASSACHUSETTS
TO THE BOARD OF APPEALS:
The Undersi d r es t that he is are the Owners of a certain parcel of land locatedl
at No. . IfugfTnd9�e greet Street; Zonin% D str
4nd 9;4 ;
and•said Parcel is affected by Section(s) . -. y'f�)
.; of the Salem Zoning Ordinance xndAaixx1a(Kz1mtQ'X-X.
o'f(Jmd1�HCk���g�t15S�Y8�CIl(��9(4�fXd(,�x6dldOfX .
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section. IX A.1 of the Zoning Ordinance.
Direct Appeal
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The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
Direct Appeal
zecgx�tcragts�xffits�uxpcgx�tx#�x�Cgs�xtffit�xxxnxB�x��x��xx��n�xxaaxw�x�pxx�cx�fxxsa�x�,
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
fAUogJa(XxX6(XXMXX
Applicant hereby petitions the Board of Appeals for the following:
1 . Special Permit for alteration of a nonconforming structure by construction of two
dormers on the east end of an existing 2-story woodframe building thereby creating
a 24' x 32' loft over a portion of the 2nd floor of the structure.
2. Special Permit for extension of a nonconforming use of a structure to include repair,
storage, sale and office related activities in connection with a sail repair business.
Frederick J Atkins owner. r. . . . . . ,t . Trust
Address. . . 23 Glendale.Street,.Salem: MA 01970
Telephone. 508/744,0844
Petitioner . Same . . . . . . . . . . .
Date
4/29/93 Address . . . . . . . . . . . . . . . .
Tel ho . . .
y rge ?of
Attorney
�B 08/7474-03B
Three copies of the application must be filed with the Secrehe 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.
b e Cit" of �$ztlem, ,ffl l�usetts
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kFI.UTI.
DECISION ON THE PETITION OF FREDERICK J. ATKINS
FOR A SPECIAL PERMIT AT 23 GLENDALE ST. (R-1)
A hearing on this petition was held May 19, 1993 with the following Board
Members present: Francis Grealish Jr. , Chairman; George Ahmed, Edward
Luzinski, Stephen O'Grady, and Stephen Touchette. 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 Special Permit to extend
nonconforming structure and use and to construct two dormers on the east
end of the building. Property is located in an R-1 district.
The provision of the Salem Zoning Ordinance which is applicable to this
request for a Special Permit is Section 5-3(j ) , which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the
Board of Appeal may, in accordance with the procedure and conditions set
forth in Section 8-6 and 9-4, grant Special Permits for alterations and
reconstruction of nonconforming structures, and for changes, enlargement,
extension or expansion of nonconforming lots, land, structures, and uses,
provided, however, that such change, extension, enlargement or expansion
shall not be substantially more detrimental than the existing nonconforming
use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit
requests, guided by the rule that a Special Permit request may be granted
upon a finding by the Board that the grant of the Special Permit will
promote the public health, safety, convenience and welfare of the City's
inhabitants.
The Board of Appeal, after careful consideration of the evidence presented
at the hearing, and after viewing the plans, makes the following findings
of fact:
1. There was no opposition to the proposed second level.
2. The property is currently being used as a boat yard.
3. Most of the boat storage has been moved off the property.
4. The petitioner agreed not to put windows on the northerly side of the
dormers nor to disturb the trees on that side.
S�
PETITION OF DOLORES FREDERICK J. ATKINS
SPECIAL PERMIT AT 23 GLENDALE ST. , SALEM
page two
On the basis of the above findings of fact, and on the evidence presented,
the Board of Appeal concludes as follows:
1. The Special Permit 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.
2. The granting of the Special Permit requested will promote the public
health, safety, convenience and welfare of the City' s inhabitants and may
be granted in harmony with the. neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Special Permit requested, subject to the following conditions:
1. Petitioner shall comply with all City and State statutes, ordinances,
codes and regulations.
2. All construction shall be done as per the plans and dimensions
submitted.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4. Petitioner shall obtain a legal building permit.
5. No windows are to be placed on the northerly side of the dormers.
6. The trees on the northerly side are not to be disturbed.
i. A Certificate of Occupancy be obtained.
SPECIAL PERMIT GRANTED
May 19, 1993
�� ,�, / '✓ C/p1wJJ
Stephen C. Touchette, Vice Chairman
Board of Appeal
DECISION ON THE PETITION OF FREDERICK J. ATKINS
FOR A SPECIAL PERMIT AT 23 GLENDALE ST. , SALEM ;
page three
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE,,;GITY",'
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 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
9 1"".13
BOARD OF ASSESSORS f
CITY HALL PAGE,
..........
..............
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4 5
5 SUBJECT PROPERTY: MAP: 33 LOT: 0646 SUFF.-
6 PROPERTY ADDRESS. 0023 GLENDALE STREET
7 ASSESSED OWNER FRE-nERICK, ;J ATKINS, TRUST
8 ATKINS FREDERICK J TR :0
9 12
TO PAP-tOT-S PF -PROPEWTY-Ai-D-DRESS ASSESSE-D-OWNER MA-1-L-1-NG-ADDRESS -13
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2 33 0574 201 0029 GREEN STREET ATKINS FREDERICK J 5 NEPTUNE ROAD 6
13 1 1AR8t-E-*HE-.A-D 0i 5 17
• ,4.14 33. 0615 0014 MESSERVEY STREET LEVINSON MICHAEL A 9 MECHANIC ST 180
15 HERMAN REBECCA MARBLEHEAD MA 01945 9
20
76 '13 062.2 UO2t3 WILLVW 1AVL14L)1! M-CMAm. 23 W=ttyIJ GE 21
7 SALEM MA 01970 22
:e 33 0630 801 0022 WILLOW AVENUE UI WILLOW AVENUE REALTY TRUST 22 WILLOW AVE UI 23
24
• 'I��j3-06 AVENUE U' ...."' .......... .
20 HOO.VER, LAURETTE L� 22-WILLOW ikVE. U2: 26.
SAS MA : 0.1970 27
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23 ST CLAIR SHORES M.1 48081 30
0 24 -13 0631 0020 WILLOW AVENUE MCBOURNIE ROBERT W 20 WILLOW AVE 310
2532
........I, 7c$ d-EM MA B1978.
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26 -33 632 , 10018CARON 'HELENE G ;. :18 WILLOW AVE 34
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27 SALEM MA 01970
36
28 33 0644 00i5 GLENDALE STREET ------AMODEO ROBE1 S-GL ENi�At-E S 3]
29 CAROL A SALEM MA 01970 38
30 33 0645 0021 GLENDALE STREET KERWIN JOSEPH F 21 GLENDALE ST 39
411
31 CL-A-.UR SAL-EM-MA-01 41
32 33 0750 0024 WILLOW AVENUE FREDERICK J ATKINS TRUST 23 GLENDALE STREET 42
33 ATKINS FREDERICK J TR SALEM MA 01970 430
44
34 15 0746 0020 ot.ENDAtr STREET ------------"RTH-P AttEN 18-GL-EMIYA-t-E`,T 45
•35 SALEM MA 01970 4610
36 33 0747 0024 GLENDALE STREET NORTH PETER ALLEN IS GLENDALE ST 47
40
37 SA 49
.3e;" 33 0659; Q01d UCEAN
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39 SALEM MA 01970 ' ,
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TO I q,fi, E, PAFRI-1- 11-1 V f S 114 53
041 BEULAH L SALEM MA 01970 540 n
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42 33 0661 0010 OCEAN AVENUE PETER REALTY TRUST 9 OCEAN AVE 56
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47 DOROTHY I SALEM MA 01970 620
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33 0749 0002 OCEAN AVENUE REAR FREDERICK J ATKINS TRUST 23 GLENDALE ST 63
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MA 01`9
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NAVEN ENDALE ST ' . 60
5 33 0748 % UE ," FREDERICK :J. ATKINS: TRUST , � 23 GL
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51 ATKINS FREDERICK J,,TR SALEM MA 0.1970
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} PLAN OF LAND
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c,� �� SALEM MASS .
oa a Wom
PREPARED BY
EASTERN LAND SURVEY ASSOCIATES, INC.
NO TES. -
CHRISTOPHER R. MELLO.. PLS
1. ZONING DISTRICT IS R- 1 40 LOWELL ST. PEABODY, MA. 01960
2. DEED REFERENCE: BOOK 6618 PA GE 82
�1" °"",Ss, (508) 531 -8121 �T =
3. ALL PROPOSED 'PARKING SPACES ARE _ om Ln
- CHRISTOPHER
R , H SCALE 1 - 40 APRIL 26, 1993
9' X, 18'�
4. TOTAL PROPOSED PARKING = 46 SPA CES
w s�3 ,�o? r PREPARED FOR w
;w. .,. FREDERICK J . ATKINS TRUST
-
THIS PLAIN IS BASED ON THE REFERENCED PLANS, DEEDS PHOTO REPRooucmoN of THE ABOVE SEAL Is o 20 40 80 120 tso
AND THE
RESULTS OF A FIELD .SURVEY A$ OF THIS DATE. INDICATIVE OF UNAUTHORIZED REPRODUCTION
S NO CERTIFICATION IS INTENDED AS TO PROPERTY TITLE OF THIS PLAN AND IS To BE coNsloEREo a
- COPYRIGHT INFRINGEMENT AND/OR FRAUD..
3 OR AS TO THE EXISTENCE OF UNWRITTEN OR UNRECORDED ENFORCEMENT AUTHORITY SHALL NOT ACCEPT
EASEMENTS PHOTO REPRODUCITION FOR ANY PURPOSE.
F 9766
I . .