2 GOODHUE STREET - ZBA pr 2`Goodhue St. BPD {
James Weener
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DECISION ON THE PETITION OF JAMES H. WEENER FOR A VARIANCE AT 17Y GLE,4("g41 E 41SS.
2 GOODHUE STREET (BPD)
A hearing on this petition was held on August 10, 1988, and continued to
September 28, 1988, at the request of the petitioner, with the following
Board Members present: James Fleming, Chairman, Messrs. Nutting, Strout,
Bencal, and Luzinski. 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 the provisions of Massachusetts General
Laws, Chapter 40A.
The petitioner, represented by Attorney Henry Lucas, is seeking a
Variance from Variance from density and use regulations to allow for the
construction of a single story structure which will be utilized as an
office and car repair facility at 2 Goodhue Street, currently in a
BPD 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 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 evidence presented, and
after viewing the plans, makes the following findings of fact:
1. . The locus is situated on an important entrance corridor to the
City. This entrance corridor will be heavily utilized with the
construction of the new access road.
2. The building that the petitioner plans to erect on the locus is
not appropriate for the locus.
3. The intended use is not appropriate for the locus.
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 do not exist which especially affect this
property and not the district generally;
DECISION ON THE PETITION OF JAMES H. WEENER FOR A VARIANCE AT
2 GOODHUE STREET, SALEM
2. Literal enforcemnt of the Ordinance would not involve substantial
hardship to the petitioner;
3. The relief requested cannot be granted without substantial detriment
to the public good or without nullifying or substantially derogating
from the intent of the district or the purpose of the Ordinance.
Therefore the Zoning Board of Appeal voted 2-3 against the granting of the
requested Variance. James Flaming, John Nutting voted to grant, Richard
Eencal, Edward Luzinski, and Peter Strout voted against. The petition
failed to gain four (4) affirmative votes, the Variance is denied.
DENIED
(2er)Z
James M. Fleming, Esq.
Chairman, Board of A
A COPY OF THIS DECISION HAS EtEETI FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FROI,' THIS DECISION, IF ANY, SHILL BE MADE PURSUANT TO SECTIDN 17 OF THE .',1:55.
CENERbL LA,,S. CHAPTER S)8- AND SHALL PF FILED WITHIN 20 DAYS VIER THE DA E 0, FILIN';
Ci 'i HIS DEii S'L'': 1'1 T!iL CF,ICE CF THE CITY CLERK.
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OF RECORD OR iS RECORDED AND NOI`LD ON ThE OPINER S CERTIFICATE OF TILE.
BOARU OF APPEAL
MINUTES 8/10/88 CONTINUED PAGE FIVE
per the plans submitted to the Board of Appeals . That the petitioner
comply with all the requirements of the State Building Code and the
requirements of the Salem Fire Department relative to Fire Safety.
That the exterior of the addition be in harmony with the exterior
of the existing building. Mr. Nutting seconded. Vote 5-0 .
UNANIMOUSLY GRANTED
2 GOODHUE STREET - JAMES E WEINER
The petitioner is requesting a Variance from density and set back
requirements to construct a single story structure for use as an office
and used car repair facility in this BPD district.
Mr. Nutting read letter from the Fire Marshall who had no objection,
also letter from Beth Debski, conservation Committee no objection.
And letter from Sarah Hayes Councillor of Ward 6, in favor.
Henry Lucas , Jr. 133 Washington St. Salem, presented photographs
to the Board for the proposed use. Marks on assessors map showing
type of use that is existing. All of which indicate a very high degree
of commercial, industrial retail uses and also indicate that a good
number of buildings that are located in the general area. The
petition puts forward that he certainly has a problem with respect to
others that are located in the district. And I believe its been
verified by the Fire Marshall in his letter to the Board, the tank
is not located on his premesis but a direct abutter. On this
property is an old storage tank, at some point this was used as a
staging and holding area for fuel oil. That tank has caused oil to
seep through the ground and is quite highly concentrated in this
area. Obviously the present density requirements of the zoning
district would require any building within that area and the existance
of that area to put a building over it. Mr. Fleming: Isn ' t there
another solution, to clean the spill up. Mr. Lucas : Its being
cleaned up. Mr. Fleming: Isn' t that a solution, it that weren ' t
there, then the building could be built as per the terms of the
Salem Building Ordinance? Mr. Lucas : Some building, and what period
of time to remedy, its something beyond the petitioners control .
Its our understanding that the proper authorities are taking steps to
remedy the situation. Mr. Fleming: Is there a 21E complaint?
Mr. Lucas : Time and expense relative to this particular property
its ultimate value. Mr. Fleming: It has to be built there because
of a 21E problem? Mr. Lucas : No I 'm not saying it has to be built
there, but the fact that it exist there creates the hardship. Its
beyond the petitioners control. When you put that together with the
existing uses , and the structure that exist, not just the immediate
general area together certainly constitute a severe hardship. Its
bassically vacant land. Mr. Fleming: Its all buildable except for
the 21E problem.
Mr. Lucas : The structure in question I 'm sure the Board is aware of
the previous petition, this is a scale down plan. Mr . Strout: The
previous petition was Withdrawn Without Prejudice, any reference
to that would be inapropriate. Mr. Lucas : One of the questions raised
was the existance of a proportive temporary easement on Bridge St. ,
and the location of the building. There is no possible way given
the proposed plan I requested the side line requirements is presently
I MINUTES 8/10/88 CONTINUED PAGE SIX
30 ft. , the construction easement could not come beyond that. The
existance of this problem renders the property useless . The basis
of the consistancy of the proposed use, the general neighborhood and
the hardship, we request the petition be granted.
Mr. William Weiner, 17 Alden Rd. Marblehead, spoke in favor.
No one spoke in opposition.
Mr. Weiner: With a lot thats over 25 , 000 sq. ft. , a building that
is less than 20% in size and still have ample parking, and would
not look out of place. I think it would make the area look a lot
nicer, and would not look out of place on a lot thats been let go
for awhile. It would suit my business needs .
Mr . Strout: Mr. Kavanaugh had expressed some concern because of it
being an entrance corridor. After looking at the plans , the size
of the building is alright, its just the outside, I don' t think
you have put enough into the exterior design. Its an important
location as far as Salem Planning is concerned and I think a little
more thought will have to go to something better than a metal building.
Are you going to be building this to the spec ' s given righthere?
Mr. Weiner: Yes . Mr. Strout: Metal walls, metal siding? Mr. Weiner: ]
Yes , its suppose to be one of the most reliable. Mr. Strout: A
metal building like that I feel should be used in a industrial park
situation but not in one of the main entrances to the City. I think
if the design was changed to a masonry on the street side. Mr. Lucas:
Again in that respect of the other properties that are owned and
maintained, its also a corporation which is controlled by my client,
and there are potentially specific things that could be dealt with
this evening. If you notice the siding, and by moving the building
that 30 ft. is the closest. Are you concerned with the Goodhue side.
Mr. Strout: The whole building, the structure has got to dive . I
just don' t think this is the place for it. Mr . Fleming: We don' t
have the safe guard of the site review planning board. Theres nothing
we could do once the building was up. Mr. Strout: I understand
how the other buildings look in that area, we can' t be concerned
with that now. There existing, but this is a new proposal, and I
think we have to be concerned with this . Who owns these barrels ,
this isn' t from that Precious Metals Place. Mr. Lucas : John M. &
P. Clayman. Mr. Strout: We should look into that. Mr. Fleming: I
agree with Mr. Strout, this type of building is it the wrong location
I have other concerns., but anybody coming from the Peabody area in our
City one of the najor intersection, and its going to be bigger if and
when there an access road there. Mr. Strout: If you were to consult
an architech that: would design you a building ;:fiat would be in
harmony with the area, something more appropriate. Mr. Nutting: Is
he also looking for a use variance, to sell used cars . Are we speaking
of a general used car lot. Do you sell cars off you property across
the street. Mr. Weiner: I sell cars already, I 'M licensed. Mr.
Nutting: You want to continue to sell 30 cars? Mr. Fleming: Did
you ever get a Variance there?Mr. Weiner: There was no need, it was
industrial land. Mr. Fleming: Its not a permitted use. Mr. Weiner:
I went before the licensing Board. Mr. Fleming: You got a license?
Mr. Nutting: When I first saw you, when you came before the Board
you were doing small restorations , a car here and a car there and
now obviously you have moved on to a little more regular used car
business . I wasn ' t aware that your actually selling used cars . I
MINUTES 8/10/88 CONTINUED PAGE SEVEN
think this should be continued.
Mr. Fleming: Capt. Turner, could you tell us your concerns what your
letter meant in terms of location? Capt. Turner: The property
adjacent, there is an abandoned tank adjacent to the left of Goodhue
St. , its been there for a number of years . There in the process now
of removing. Something has leaked on to Mr. Weiners property,
making it impossible for the building to be built at this time.
Mr. Strout: What about the barrels being stored. Capt. Turner:
Those are empty, its part of the proposed cleanup. Mr. Fleming: My
bigest concern is the exterior, and your going to expand your operation
on the other side. And I can see an adverse type of deal here where
your going to be taking over Goodhue St. Mr. Weiner: the two
business ' s your refering too, that problem has been eliminated. The
auto body shop is separate, I own that business , I ran that business
for 10 years . I am a good business man in good standing and thats
why I am hear on this Petition. The auto body across the street I
sold the business last year. There isn ' t going to be interaction
at all. I want that corner to look neat. There will be 5 doors , all
of my operations will be at 2 Goodhue St.
Mr. Fleming: I think we have a small problem I don' t think you have
4 votes here as per the plans submitted. You waive your time
requirements here tonight and you can come back to the Board at the
Sept. 28th Meeting with an appropriate building. Mr. Lucas requested
to continue till Sept. 28, 1988 . Mr. Nutting moved and seconded
by Mr. Strout. The vote 4-1 , Mr. Bencal opposed.
CONTINUED TO SEPTEMBER 28 , 1988
128 BRIDGE STREET - JOANNE TWOMEY
Petitioner requests a Special Permit to allow a change of use from
a lodging house to an eight unit studio apartment and to construct
a deck and stairway access from 2nd. floor in this R-2 zone.
Mr. Nutting read the application and a letter from the Fire Marshall
who had no objection.
Mr. Fleming: What do you rely on and is it Section 8E4 that allows
the conversion of this property be Special Permit from a lodging
house to a 8 unit residential apartment? Mr. Henry Lucas : Section
VB10 . Mr. Fleming: Your going for a non-conforming use. Mr. Lucas"
Taken together with 8E4 on page 86 , no structual alterations , is
found on page 4 , definition #2 . The finding is that the proposed
use is appropriate or more appropriate to the district, not then
surounding use but rather the present district nonconforming use of
the structure. What we have here is quite a unique property, a
historical throw back. Its presently licensed as a lodging house.
The reason for that, it has a 10 unit license thats necessary. It
has been used historically as 4 rooms and 6 apartments . The only way
you can get the license because you can' t use half a building as a
lodging house. It was a pre-existance use, non-conforming use prior
to zoning. Soits been carried forward as a licensed boarding house.
But in fact there is no demand on a day to day basis for a roomer.
When you look at the layout, as it presently exist, the first floor
consists of 3 studio apartments . The second floor likewise. So to
call those 6 rooms is actually a misnomer. The owners and predecessors
BARRY D.BERKAL. ATTORNEYS AT LAN'
MARTIN BERKAL
LEONARD A.BEHKAI. 28 LYNDE STREET 1188619841
MICHAEL N.9TELMAN SALEM. MASSACHUSETTS 01970 MOSES 1.SIMON
TIMOTHY J.DAVERN TEL,1508174S 010 1190519951
JEFFREY N.SHRIHMAN
October 28, 1988
City Clerk
Salem City Hall
Washington Street
Salem, MA 01970
Re: Petition for Zoning Variance
Petitioner: W.W.W. ,Incorporated
Premise: 2 Goodhue Street,
Salem,MA
TO THE CITY CLERK:
On June 30, 1988, a Petition was filed with your office for zoning
variance concerning property at 2 Goodhue Street, Salem, Massachusetts.
The Board of Appeals voted to deny said Petition on September 28, 1988,
and has failed to file its decision in the offices of the City Clerk, or
to give notice of said decision to the Petitioner and parties in interest
as designated in M.G.L.Chapter 40A, Section 15 within the required time
period. The Board' s failure to file it' s decision "shall be deemed to be
the grant of the Appeal Application or Petition." The Petitioner hereby
seeks approval of its Petition by reason of the Board' s failure to file
its decision within the time prescribed.
Notice has been sent this day to the parties in interest specifying that
Appeals, if any, shall be made pursuant to M.G.L.Chapter 40A, Section 17,
and shall be filed within twenty (20) days from this date.
Yours very truly,
W.W.W. , INCORPORATED
By its Attorneys,
BERKAL,STELMAN,DAVERN & SHRIBMAN
MNS:sma Michael N. Stelman
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Joseph F. Sullivan Salem, gu. 01970
Chief ti
City of Salem Re: 2 Goodhue Street
. Board of Appeal James H. Weener
One Salem Green Hearing date: August 10, 1988
The applicant and owner of the property located at #2 Goodhue Street has
presented a preliminary plan to the Fire Prevention Bureau for review.
The Salem Fire Department has no objection to the granting of a Variance
to construct a single story structure for use as an office and used car
repair facility at this address. It should be noted, however, that a
portion of this property, adjacent to the location of an underground
storage tank on the property immediately to the right of this property,
may be contaminated as the result of suspected leakage of heavy fuel oil.
Conditions of such approval are as follows:
1. Plans for the proposed construction are presented to the Fire
Prevention Bureau for approval prior to the issuance of a
building permit.
2. The proposed construction shall conform to all applicable
provisions of the Massachusetts State Building Code, 527 Code of
Massachusetts Regulations, the Salem Fire Prevention Code, the
Salem City Ordinances, and Massachusetts General Laws, relative
to fire safety.
3. The applicant shall arrange for an inspection by the Fire
Prevention Bureau upon completion of the work.
4. The applicant shall obtain and post proper street numbering from
the City Assessor in accordance with the city ordinance relative
to the numbering of buildings.
Signed,
Robert W. Turner,
Fire Marshal
Citp of Oatem, Aiagoacfjugl'tw , 21
Office of the Citp Council
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D WARD COUNCILLORS
KEVIN R. HARVEY c cr .:c
COUNCILLORS-AT-LARGE PRESIDENT CITY Vf
GEORGE A.NOWAK
1988
JOSEPHINE R. FUSCO KEVIN R. HARVEY
DONALD T.BATES
CITY CLERK VINCENT J.FURFARO
FRANCESJ.GRACE LEONARD F.O'LEARY
NEIL J. HARRINGTON
JEAN-GUY J.MARTINEAU
GEORGE P. McCABE SARAH M.HAYES
MARK E.BLAIR
August 10, 1988
Mr. Jams Fleming, Chairman
Board of Appeals
City of Salem
Salem, Ma. 01970
Dear Mr. Fleming: RE: PETITION OF JAMES H. WEENER
I am writing to you with regard to a petition on the August 10, 1988 Board
of Appeal Agenda for Jams H. Weener for a Variance from density and set
back requirements to construct a single story structure for use as an
office and used car repair facility at 2 Goodhue St. (BPD)
I am unable to attend this meting due to a Council Meeting this evening.
I would like to go on record as being in favor of this petition.
Sincerely,
SARAH M. HAYES
COUNCILLOR WARD SIX
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July 28, 1988
Mr. William Munroe -
Building Inspector
One Salem Green
Salem, MA 01970
RE: 2 Goodhue Street
Dear Bill :
I am writing to you with regard to a petition on the August 10, 1988
Board of Appeal agenda for James H. Weener at 2 Goodhue Street .
The Conservation Commission has determined that the proposed building
is outside of the Buffer Zone and meets the requirements of the Commission
Sincerely,
Beth Debski
Conservation Administrator
cc : James Weener
11 Goodhue Street
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DECISION ON THE PETITION OF JAMES H. WEENER FOR A
VARIANCE AT 2 GOODHUE STREET BPD
A hearong on this petition was held on June 15, 1988 with the following
Board Members present: James M. Fleming, Chairman; Messrs. , Bencal, Luzinski,
Strout and 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 density, setbacks and use to allow
construction of a single story structure to be used as an office and repair
facility in conjunction with used car business. Property is located in a
BPD district.
James H. Weener, the petitioner requested leave to Withdraw Without Prejudice.
The Zoning Board of Appeal voted 4-1 to Allow petition leave to Withdraw
Without Prejudice.
WITHDRAWN
i ames M. Fleming, Esq.'
Chairman, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANING BOARD AND THE CITY CLERK
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
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.SION ON THE PETITION OF JAMES H. WEENER FOR A
.IANCE AT 2 GOODHUE STREET BPD
hearong on this petition was held on June 15, 1988 with the following
,card Members present: James M. Fleming, Chairman; Messrs. , Bencal, Luzinski,
Strout and 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 fran density, setbacks and use to allow
construction of a single story structure to be used as an office arid repair
facility in conjunction with used car business. Property is located in a
BPD district.
James H. Weener, the petitioner requested leave to Withdraw Without Prejudice.
The Zoning Board of Appeal voted 4-1 to Allay petition leave to Withdraw
Without Prejudice.
WITHDRAWN
aures M. Fleming, Esq.
'Chairman, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANING BOARD AND THE CITY CLERK
APPEAL FROM THIS DEC? N, IF ANY. SHALL RE MADE PURSUANT TO SECTIPN P OF
OF REOORD OR IS Rz 2,RDED AND NJIED Cft Ti,: Oi;NCRCERTIFICATE Cr 111LEE
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DDCISION ON THE PETITION OF JAMES H. 4qMIER FOR A VARIANCE AT CITY GLE;Xr,840,EH. MASS,
2 GOODHUE STREET (BPD)
A hearing on this petition was held on August 10, 1988, and continued to
September 28, 1988, at the request of the petitioner, with the following
Board Members present: James Floning, Chairman, Messrs. Nutting, Strout,
Bencal, and Luzinski. 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 the provisions of Massachusetts General
Laws, Chapter 40A.
The petitioner, represented by Attorney Henry Lucas, is seeking a
Variance from Variance from density and use regulations to allow for the
construction of a single story structure which will be utilized as an
office and car repair facility at 2 Goodhue Street, currently in a
BPD 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 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 evidence presented, and
after viewing the plans, makes the following findings of fact:
1. The locus is situated on an important entrance corridor to the
City. This entrance corridor will be heavily utilized with the
construction of the new access road.
2. The building that the petitioner plans to erect on the locus is
not appropriate for the locus.
3. The intended use is not appropriate for the locus.
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 do not exist which especially affect this
property and not the district generally;
DECISION ON THE PETITION OF JAMES H. WMER FOR A VARIANCE AT
2 GOODHUE STREET, SALEM
2. Literal enforcement of the Ordinance would not involve substantial
hardship to the petitioner;
3. The relief requested cannot be granted without substantial detriment
to the public good or without nullifying or substantially derogating
from the intent of the district or the purpose of the Ordinance.
Therefore the Zoning Board of Appeal voted 2-3 against the granting of the
requested Variance. James Flaming, John Nutting voted to grant, Richard
Bencal, Edward Luzinski, and Peter Strout voted against. The petition
failed to gain four (4) affirmative votes, the Variance is denied.
DENIED
James M. Flaming, Esq.
Chairman, Board of Appeil
A COPY OF THIS DECISION HAS BEEN FIT WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASTS.
GENERAL LAWS. CHAPTER SO3. AND SHALL RE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE Or THE CITY CLERK.
PURSANT TO MASS. GENERAL LAWS, CHAPTER 303, SECTION 11, THE VARIANCE OR S=":.A;. PER^..IT
CRAi;iED HEREIi':. SHALL NOT TAKE EFFECT UNTIL A COPY OF THE L'ECISIGN, BFACIt IHE
FIL'AMN' OF TH- Ll". CLERt: THAT 20 DAYS HAVE ELAPSED ANJ ND APPEAL HAS SE= q F_ED,
UR "IFIAT, IF SULH AN APPEAL HAS BEEN FILE. THAT IT HAS BEEN DL .:SSEC OR C:',. EJ IS
REC.;ROED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE F.;:,E OF THE OWN-R
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . .
of "Sttllem, n' !M sP##s
curb of
TO THE BOARD OF APPEALS:
The Undersigned represent that �itis ape the owners' of a certain parcel of land located
at NO. . 2. Goodhue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning District. zpD .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Plans describing the work proposed,
are filed herewwith.
This is a direct appeal.
� 1SAl:
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance
as the enforcement of said
Zoning By-Laws 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 for
the following reasons: The Petitioner seeks relief from the density regulations of Section
VI.D. and the use regulations of Section V. 9. The Petitioner seeks Variance of density and
set back reguirements in order to allow construction of a 00 x 100 single story structure
in accordance with the plans submitted. The Petitioner also seeks a use variance for use of
the structure for office and repair facilities in conjunction with a used car sales business
on the business.
The proposed structure zuzd use are consistent with other structures and uses within general
neighborhood. The Petitioner seeks relief from the minunun lot area, miniinun lot width and
minimum depth of front yard requirements because of the extreme hardship these requirements
would cause the Petitioner due to the existence of relatively high concentrations of oil
contamination upon the premises within the area allowed to be built ux)ri by the existing
density regulations. This condition especially affects this parcel, bac not generally the
zoning district in which it is located.
W.W.W. , Inc.
Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9nck npenny Drive
Boxford, MA 01921
Telephone. . . . . .741-3636 . . . . . . . . . . . . . . . . . . . . .
Petitioner. . . . .
Jam. . .es .H.. Weener, President/Treasure
. . . . . . . . . . . . . . . . . . . . . . . .
by: Tierney, Kalis, Adamopoulos & Lucas
Address. M .Washington -Street, .Salem, -NA-01970
Date. . June 30, 1988 41-0862
By. . . . . . . . . . . . . . . . . . . . .y. . . . . . . . . .
Henr A. Lucas, J . , Attorne for Petition
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.
APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . .
,° � fllifg of �$ttfem, Moar4useffs
TO THE BOARD OF APPEALS:
The Undersigned represent that *1e itis aye the owne�df a certain parcel of land located
at NO. . 2. ccodhup . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning District. .DII .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Plans describing the work proposed,
are filed herewith.
This is a direct appeal.
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance
as the enforcement of said
Zoning By-Laws mkt 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 for
the following reasons: The Petitioner seeks relief from the density regulations of Section
VI.D. and the use regulations of Section V.9. The Petitioner seeks Variance of density and
set back requirements in order to allow construction of a 50 x 100 single story structure
in accordance with the plans subnitted. The Petitioner also seeks a use variance for use of
the structure for office and repair facilities in conjunction with a used car sales business
on the business.
The proposed structure and use are consistent with other structures and uses within general
neighborhood. The Petitioner seeks relief from the minimum lot area, minimus lot width and
nu nimun depth of front yard requirements because of the extreme hardship these requirements
would cause the Petitioner due to the existence of relatively high concentrations of oil
contamination upon the premises within the area allowed to be built u,-ori by the existing
density regulations. This condition especially affects this parcel, buc not generally the
zoning district in which it is located.
Owner. . W.W.W. , Inc.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address. . . . . . . .9 Moonpenny Drive
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Boxford, MA 01921
Telephone. . . . . .741-3636 . . . . . . . . . . . . . . . . . . . . .
Je[ies H. Weener, President/Treasure
Petitioner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
by: Tierney, Kalis, Pdamopoulos & Lucas
Address. .133 .Washi.ngton .Streat, .Saler, -MA.01970
Date. . June 30, 1988 41-0862
Telepho . . . . . . . . . . . . . . .
By.
Henr A. Lucas, J . , Attorney for Petitiory
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. . . . . . . . . . . . . . . . . . . . . . . . . .
n four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
I
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THE
SALEMEVENING NEWS
SALEM. MASSACHUSETTS 01970
NO. 57677 .
❑ MAIL ❑ CASH DATE
HECK El MONEYORDER / /19
CASH SALE ❑ ON ACCOUNT
'lieCeived
of I
Address
❑ DISPLAY ❑ CLAS . be OTHER
DISPLAY CLASSIFIED AMT'
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UCASH
CASH
NO.
DISC,
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BANK NO. I I I 1 I TAX
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CHECK NO. I I"'I� I
9 83
REMARKS: PAYING FOR
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PIONEER FORMS 6[NVICESESISSS MD
C286�(
a
CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext. 381
Will hold a public hearing for all persons inter-
ested in the petition submitted by James H.Weener
for a Variance from density and set back require-
ments to construct a single story structure for use
as an office and used car repair facility at 2 Goodhue
St. (BPD). Said hearing ryill be held Wednesday,
August 10, 1988 at 7:00 P.M. One Salem Green,
2nd floor.
JAMES M. FLEMING, Chairman
July 27; August 3, 1988
C286-LEGG
CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext. 381
Will hold a public hearing for all persons inter-
ested in the petition submitted by James H.Weener
for a Variance from density and set back require-
ments to construct a single story structure for use
as an office and used car repair facility
cheld at 2 Goodhue
St. (BPD). Said hearing w
August 10, 1988 at 7:00 P.M. One Salem Green,
S
2nd floor.
JAMES M. FLEMING, Chairman
July 27; August 3, 1988
d
S
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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 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 1i,
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 evidence presented, and after
viewing the plans, makes the following findings of fact:
-----------------
----- ---------
. Y
6�3 '-Hf PETITo� o� T1�n1�s � L�EGn1E�2
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f1
BOARD OF APPE'AiLf f
COT H
CITY SAL€NMAH.
C
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 do not exist which especially affect this property
and not the district generally;
2. Literal enforcement of the Ordinance would not involve substantial
hardship to the petitioner;
r
3. The relief requested cannot be granted without substantial detriment to
the public good or without nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
em
a c c a.S1 C—p A,
2
ILL
a�^- is r`t4
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�k Z-Q , i s l..a� o ko` vltjO " Att,
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Com, oft r.�.-��✓t. U0�! "( u. V G..r( a./i^-GU t `r �W�' '
C bf i+,a 3,)Alw ate'
R
BOARD OF APPEALS
OCT 28 8 07 AM '88
RECEIVED
CITY Of SALEM,MASS.
i
C28&-LEGG
CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext. 381
Will hold a public hearing for all persons inter-
ested in the petition submitted by James H.Weener
for a Variance from density and set back require-
ments to construct a single story structure for use
as an office and used car repair facility at 2 Goodhue
St. (BPD). Said hearing ryill be held Wednesday,
August 10, 1988 at 7:00 P.M. One Salem Green,
2nd floor.
JAMES M. FLEMING, Chairman
July 27; August 3, 1988
C286-LEGG
CITY OF SALEM
BOARD OF APPEAL
745.9595 Ext. 381
Will hold a public hearing for all persons inter-
ested in the petition submitted by James H.Weener
for a Variance from density and set back require-
ments to construct a single story structure for use
as an office and used car repair facility at 2 Goodhue
St. (BPD). Said hearing Will be held Wednesday,
August 30, 1988 at 7:00 P.M. One Salem Green,
2nd floor.
JAMES M. FLEMING, Chairman
July 27; August 3, 1988
C281i=LEGG
CITY OF SALEM
BOARD OF APPEAL
745.9595 Ext. 381
Will hold a public hearing for all persons inter-
ested in the petition submitted by James H.Weener
for a Variance from density and set back require-
ments to construct a single story structure for use
as an office and used car repair facility at 2 Goodhue
St. (BPD). Said hearing Will be held Wednesday,
August 10, 1988 at 7:00 P.M. One Salem Green,
2nd floor.
JAMES M. FLEMING, Chairman
July 27; August 3, 1988
C286-LEGG
CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext. 381
Will hold a public hearing for all persons inter-
ested in the petition submitted by James N.Weener
for a Variance from density and set back require-
ments to construct a single story structure for use
as an office and used car repair facility at 2 Goodhue
St. (BPD). Said hearing %gill be held Wednesday,
August 10, 1988 at 7:00 P.M. One Salem Green,
2nd floor.
JAMES M. FLEMING, Chairman
July 27; August 3, 1988
C286-LEGG
CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext. 381
Will hold a public hearing for all persons inter-
ested in the petition submitted by James H.Weener
for a Variance from density and set back require-
ments to construct a single story structure for use
as an office and used car repair facility at 2 Goodhue
St. (BPD). Said hearing%gill be held Wednesday,
August 10, 1988 at 7:00 P.M. One Salem Green,
2nd floor.
JAMES M. FLEMING, Chairman
July 27; August 3, 1988
C286.LEGG
CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext. 381
Will hold a public hearing for all persons inter-
ested in the petition submitted by James H.Weener
for a Variance from density and set back require-
ments to construct a single story structure for use
as an office and used car repair facility at 2 Goodhue
St. (BPD). Said hearing will be held Wednesday,
August 10, 1988 at 7:00 P.M. One Salem Green,
2nd floor.
JAMES M. FLEMING, Chairman
July 27; August 3, 1988
C286-LEGG
CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext. 381
Will hold a public hearing for all persons inter-
ested in the petition submitted by James H.Weener
for a Variance from density and set back require-
ments to construct a single story structure for use
as an office and used car repair facility at 2 Goodhue
St. (BPD). Said hearing will be held Wednesday,
August 10, 1988 at 7:00 P.M. One Salem Green,
2nd floor.
JAMES M. FLEMING, Chairman
July 27; August 3, 1988
C286-LEGG
CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext. 381
Will hold a public hearing for all persons inter-
ested in the petition submitted by James H.Weener
for a Variance from density and set back require-
ments to construct a single story structure for use
as an office and used car repair facility at 2 Goodhue
St. (BPD). Said hearingtyill be held Wednesday,
August 10, 1988 at 7:00 P.M. One Salem Green,
2nd floor.
JAMES M. FLEMING, Chairman
July 27; August 3, 1988
f
t APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . .
4�A•G
of "ittfem, Alts ttc!"graw
Paurb of �Vyeaf
sic Jug it J r5) r} 'L�
TO THE BOARD OF APPEALS:
The Undersigned represent that *titis aye the ownerscofCAT&ertairrFparce7S of land located
at NO. . 2. Geodhup . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning District. .Bpa .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; . . . . . . . . . . . . . . .
Plans describing the work proposed,
. are filed herewwith.
This is a direct appeal.
ffi►RF:
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance
WMAWMxVMC&MP'h� to as the enforcement of said
Zoning By-Laws WffdxBiPM3w4xGaft 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 74?t for
the following reasons: The Petitioner seeks relief from the density regulations of Section
VI.D. and the use regulations of Section V.9. The Petitioner seeks Variance of density and
set back reguirements in order to allow construction of a 50 x 100 single story structure
in accordance with the plans submitted. The Petitioner also seeks a use variance for use of
the structure for office: and repair facilities in conjunction with a used car sales business
on the business.
The proposed structure and use are consistent with other structures and uses within general
neighborhood. The Petitioner seeks relief from the minimum lot area, minhuun lot width and
minimum depth of front yard requirements because of the extreme hardship these requireuents
would cause the Petitioner due to the existence of relatively high concentrations of oil
contamination upon the premises within the area allowed to be built noon by the existing
density regulations. This condition especially affects this parcel, but not generally the
zoning district in which it is located.
Owner. .' .W.W. Inc.. . . . . . . . . . . . . . . . . . . . .
Address. . . . . . ,9 IlDonpenny Drive
. . . . . . . . . . . . . . . . . . . . . . . . . .
Boxford, MA 01921
Tele one. . . .741-3636 . . . . . . . . . . . . . . . . . . . . .
etitioner. :
`Jaams H. Weener, President/Treasure
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
by: Tierney, Kalis, Pdamopoulos & Lucas
\ Address. .133 •Washi.ngton-Sheat, .SaIGm, .MA•01970
June 30.,. 1988 i
Date. . 41-0862
By. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .
�Henr A. Lucas, J . , Attorne for Petition
Three copies of the application must be filed witK"the"�Secretary oi; i? '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.
2-1/2" PRIIJECTIMI -v x -I• rrrrrrlf rra'rt rnR wtru. Irtnrl<
1Z" WALL
30-511 I�-- - J
1z o rrnrEl .�Arans rn Tn Tnr�,
nF KICKER WAl_I_
3/4" DIA. A-307 ArdClif]R DOLT RETAIL I .._.
WALL nPErllrlr FOR 3070 nnoiR WAl 1 n��rh�lrlr� j-nR n.y.n.
2t 4" 211
��- bags
Approvnl Drawing
- ------- -- Company
App d fay-!
DG v�\l. �' 1-�tJCS rel !s Lila
- ---- --_-'--�--- RETURN ONE COPY return.
Fabrication will be delayed Pending
these drawnings
Please review they,become Part
I carefully as
of the contract documents.
i
2't 4„ 2,,
it ; • _
j
jf-
6
= ; ROOF FRAMING PLAN
c�
$ 2 3 4 5
100. 0-0/16•
DESAa L L-t rJE s A.Z-ci ,S
-11-b(o,-COL
ri
I
20' 0-0/16' 20' 0-0/16" 20' 0-0/160 20' 0-0/16' 20' 0-0/16'
40 19' 8-0/16' 10=0' 10 0' 12'-3�8 3'-5 Li�y8 7" I '
6g 12 -O -1 -?�8 19' 8-0/16" 4"
j NOTES:TT I
_
1
C ) _.: o0 00 - - -------- - -- 00 --- j 1 . TYPE: TAPERED 'EEAM
_. _ . _ -. ;
n 1. ToF� o� I LDr1 �I rid 0 d 'T 1001 -011 L `WITH A g' -611 EAVE `"RIGHT
Y I �- 1 �K20� u- 3.CoK «`/P) Cc��'s � ON A 4, _0„ KIClick WALL.
I > - 1c�+-1 0
Q Iu= t.3K. ( '
I j i j
V=3.loK o . ROGF PITCH: 1 12
I_ ` 1-0 v✓X�1I0"h1 U= 1.310 i 4 . LOAD^: 5 P.^F LIVE LOAD, 21 PSF tJiNU LOAD.
Q 1 1G�C KER W ALL.. (UU<_C- e CST!1rc�W t
� � _ 1-o vv�[ Z;d' H 1 (�Y D-iINE1ZS� ►ao�r) 1
'� _K�GYSrR ? 1t�Ll I I I 5 . ROOF: 2G GA . SPACE-MET (GALVALUME) FY MIN.=80 000 PSI
cw I I I I 6r . WALLS : 2G GA .SPACE-MET ( ) FY MI II.=u0 000 PSI
N I I I ��P � W�� I ,
r
> rz -1DL4,-0' i 1 . TRIM : 20 GA. ( )
' 1 END FRAMES:. BOTH POST AND BEAM EIIUiIALLS.
,
I I I "R>P OF SL APS I V=1 L�K I 8 . o ,.
!0 11= 2.3K I I I N=2.3K 4, INS'JLATIGN: 4" VINYL-BACKED FIBERGLASS INSULATTGN, ROOFfANU WAILS.
m o o u=L4.21C 1 , 17j• L,_y.2 K °o
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N I I (DOORS BY OTHERS)
'� I I I I I I -� 11 . DOORS: SIX (6) 2070 TEFL PASS DOORS W1iH STANDARD HARDWARE
i I I I I I 12. BLDG TO HAVE FRAMED OPENING 9 '-0" H X 30' -0" L AT SIDEWALL (LINE C)
AND EXTENDING 10' -0 L X 9 ' -0" H AT EIIDWALL '(LINE 1 ) FOR
to to ' i ALTERNATE CONSTRUCTION. THIS TO EE ON 2 ' -0" H 'r.IC;:ER WALL.
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ANCHOR BOLT PLAN �-a''8 �► ' g'g taunton, massa TLX 927579 617-823-7777
ISSUE DATE BUILDER SCALE
SPACE Bldgs.
NO. REVISION DATE DRAWN BY: 04-0
PROJECT:1 R E DRiv.aa �ZZSI< DATE DRAWN: r;-Z,4
r' �tC ,ott iii 2 W.W .W. INC. CHECKED BY:
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RETURN ONE COPY
Fabrication will be delayed pending rehire.
Please review these drawnings
carefully as they become part
LF of the contract documents.
to
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BUILDING CROSS SECTION taunton, mass. TLx 927579 617-s23-7777
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M ISSUE DATE BUILDER SCALE hTTS
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A" u:,` NO. REVISION DATE SPACE bldgDRAWN BY:
PROJECT: DATE DRAWN:5.?
2 W.W.W. INC. CHECKED BY:
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No.33Ss8 �� 3 LOCATION: DRAWING NUMBER
4 SALEM, MA.
5 DRAWING TITLE: ELEVATIONS AND SECTION . JOB NUMBER
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