11 HERSEY STREET - ZBA 11 Hersey St. (R_2)
Robert & Judith Armstrong
J �.
DATE OF HEARING ,�Z2D/.PS
PETITIONER (� /
LOCATION
MOTION: TO GRANT SECONDED
TO DENY SECONDED
LEAVE TO WITHDRAW SECONDED
CONTINUE SECONDED
ROLL CALL ABSENT PRESENT GRANT DENY WIT PEW CONTINUE
SCOTT CHARNAS J/
JAMES HACKER v /
ROBERT GAUTHIER
EDIgARD LUZINSKI
hDETER STROUT s/
ASSOCIATE MEMBERS
RICHARD BENGAL v '
ARTHUR LABRECQUE /
DISCUSSION & CONDITIONS:
LL
l
I� J.�„comi�bs
(flit of '�$ttlem, Anssuchuse##s
Poarb of Appeal
April 12, 1985
NOTICE IS HEREBY -GIVEN THAT AS OF MARCH 29, 1985 THE
DECISION OF THE BOARD OF APPEAL HAS BEEN FILED IN THE
OFFICE OF THE CITY CLERK TO GRANT THE PETITION OF ROBERT
AND JUDITH ARMSTRONG FOR A SPECIAL TO ALLOW THE CONTINUED
USE AS A THREE FAMILY DWELLING AT 11 HERSEY ST.
BOARD OF APPEAL
Brenda M. Sumrall, Clerk
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 DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY SECTION 11, THE VARIANCE OR SPECIAL PERMIT
PURSANT TO MASS. GENERAL LAWS, CHAPTER 808,
GRWF,ED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THEDECISION. BEARING THE CERT
FICATION OF THE CITY CLER5 THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED,
OR THAT, IF SUCH AN APPEAL HAS BEEN FILE, THAT IT HAS BEEN DISP;PSSEp OR DENIED
REORDEDHE SOUTH NDEXED UNDER THE N
OFC
CRECORDI ORT IS RECORDED ESSEXREGISTRY
NOTED YON FTHE EOWNER'S DS AND I CERTIFICATE OF TITLE.
ANIE OF THE OWNER
BOARD OF APPEAL
PF
Otg of Salem, passuchusetts
Poxrb of 4pral
n
DECISION ON THE PETITION OF ROBERT & JUDITH ARMSTRONG c �+
`
FOR A SPECIAL PERMIT FOR 11 HERSEY ST. , SALEM (R-2)
r'- t�
rnns a C7
f'�1
A hearing on this petition was held on March 20, 1985 with the f�owirlp Boar}
Members present: James Hacker, Chairman; Associate Member Benc4,oActi g SeFAetary;
Messrs. , Gauthier, Luzinski and Strout. Notice of the hearing vm sentNto abutters
and others and notices of the hearing were properly published in rW5e Saelem
Evening News in accordance with Massachusetts General Laws ChapteP40A e
Petitioner is requesting a Special Permit to allow the continued use as a three
family dwelling the structure at 11 Hersey St. , zoned R-2.
The provision of the Salem Zoning Ordinance which is applicable to this request
for a Special Permit is Section V B 10, 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 VIII F and IX D,
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 detri-
mental 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 hearing the evidence presented at the hearing, makes
the following findings of fact:
1 . No opposition was presented to the plan;
2. The building has been used as a three family dwelling for the
past nine (9) years;
3. The lot has adequate space for six or more cars and reduces the
the need for on street parking;
4. There are other three family residences in 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 . The proposed use will promote the health, safety, convenience
and welfare of the City's inhabitants;
DECISION ON THE PETITION OF ROBERT & JUDITH ARMSTRONG FOR
A SPECIAL PERMIT FOR 11 HERSEY ST. , SALEM
page two
2. The relief requested may be granted without substantial detriment
to the public good.
Therefore, the Zoning Board of Appeal voted unanimously 5 - 0 in favor of granting
the requested Special Permit in accordance with the following terms and conditions:
1 . The building must be in compliance with Chapter 148 Section 26C of
the MGL relative to the installation of automatic smoke detectors;
2. The building, if sold, must remain owner occupied.
SPECIAL PERMIT UNANIMOUSLY GRANTED
Richard A. Bencal, ing Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
cn<
Y
rMI r' �c m
mr. a 'J
3� N f7'i
3�, r
�.�o -0 r-
cn� /V 7
Cl) a
mo
THE MASS.
FILEU E UR 20 DAYS AFTER THE DATE OF FILING
'AL FRO,FRG'.1 THIS DECISION. IF AtGY. SHALL BE MADE PURSUANT 70 SECTION 17 0
-R. SOB. AND SHALL BE
SECTIOd 11, THE VA'.IA"10E OP SPECIAL PEP.;,`.iT
�EiiERAL LA:'!S. CHAPTc OF,ICE
c OF THE LITY CLERK-
c TgIS DECi$:ON I\ THE CHyr'.R ROB. n aP!id5 THE GER.
ASS. CE^`-PAL LF1::S.
J ELAPSED ANJ NC• AFPEAL HAS
o E.; FILED.
Ti lei EFFECT U67;L A COPY OF THc C°CIS�I,$FD OR DEGiEO IS
HGS BE.IJ D6iJ" OF THc 01...r
THE CM CLE" TOSS BEE'i fCE, iHAi IA+D INDEXED UNDER THE
r SuC'rl A`l APF_A- TITLE.
_HA•• IF $EX Rzr R1 LF DEEDS
REC'JSOEp IN THE s::UTH ES NOTED ON THE OWNER'S CERTIFICATE OF
OF RECORD OR IS RECORDED AND BOARD. OF APPEAL
c (1Zit of ,jZjIem, efttssar4usetts
PaxrD of �"eu.[
WGL, ,
ti
DECISION ON THE PETITION OF ROBERT & JUDITH ARMSTRONG �+
FOR A SPECIAL PERMIT FOR 11 HERSEY ST. , SALEM (R-2) �- rn
mm a n
Z7P N
A hearing on this petition was held on March 20, 1985 with the fowin`§>Boar.�i
Members present: James Hacker, Chairman; Associate Member Benc 4,,oActi.W Se�tary;
Messrs. , Gauthier, Luzinski and Strout. Notice of the hearing W6gsenWto abgtters
and others and notices of the hearing were properly published in 1j;5e Sat3em
Evening News in accordance with Massachusetts General Laws Chapter40A o
Petitioner is requesting a Special Permit to allow the continued use as a three
.family dwelling the structure at 11 Hersey St. , zoned R-2.
The provision of the Salem Zoning Ordinance which is applicable to this request
for a Special Permit is Section V B 10, 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 VIII F and IX D,
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 detri-
mental 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 hearing the evidence presented at the hearing, makes.
the following findings of fact:
1 . No opposition was presented to the plan;
2. The building has been used as a three family dwelling for the
past nine (9) years;
3. The lot has adequate space for six or more cars and reduces the
the need for on street parking;
4. There are other three family residences in 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 . The proposed use will promote the health, safety, convenience
and welfare of the City's inhabitants;
DECISION ON THE PETITION OF ROBERT & JUDITH ARMSTRONG FOR
A SPECIAL PERMIT FOR '11 HERSEY ST. , SALEM
page two
2. The relief requested may be granted without substantial detriment
to the public good.
Therefore, the Zoning Board of Appeal voted unanimously 5 - 0 in favor of granting
the requested Special Permit in accordance with the following terms and conditions:
1 . The building must be in compliance with Chapter 148 Section 26C of
the MGL relative to the installation of automatic smoke detectors;
2. The building, if sold, must remain owner occupied.
SPECIAL PERMIT UNANIMOUSLY GRANTED
Richard A. Bencal, ing Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
H
N"<
1 r_ ;,z m
r —
M,
A"
cnCD -0 r';
A �
rn
THE MASS.
IF ANY, R THE DATE OF FILING
1 THIS DECISION. SHALL BE MADE PURSUANT 70 SEC' ON 17 0
=PEAL FRO'. -R 805, AND SNALL BE FILED
V!!i Hlil 2G DAYS AFTER co iT
EL EFAL LA�,'!S, CHAF�0 c OF THE CtTf CLERK. THE VA_.,,.CE CR SPECIAL P_..t!•
n 1P,lS Ccr.!SION IN THE OFFICE cR 808. SECTION 11. _C1ciV,. E= Cli2. THE CE"••
SECTION
,S ° EBAL Lr . CH-F` n p p AL HAS E;-EN FILED.
i DABS HAVE ELAPSED 7 N.
✓ t Li}i cHr,LL 6Ci it Cc EFr cCT UIGTL A COPY OF 74c D _ I�SEP 0- DEGiED IS
CITI CLERK TP AT 2 HSS DEE,, DI 7H.
:: OF yH=, , HAS BEEN FILE, THAI IT
INDEKED Ul':DER THE NA'?E GF
IF u,,}• All APFEA- OWNER'S CERTIFICATE OF TITLE.
RECORDED IN THE SLuiH ESSEY. Rn�o SEpYONFTHEEOS
GF RECORD OR IS RECORDED AND BOARD. OF APPEAL
J
/�~ � lYj�� II�, p��IlPiTi �J'.viG�^j17L.'L. �• +Q�� / rif! '{�1
� of Ott!
OCT. 26, 1978
AAENDMENT
TO THE DECISION ON PETITION SUBMITTED BY ROBERT & JUDITH ARMSTRONG CONCERNING
PROPERTY LOCATED AT 11 HERSEY STREET
At a meeting of the Board of the Appeal held on November 29, 1978 with members
James Boulger, Douglas Hopper and John Nutting present, it was unanimously voted to
amend the minutes of the meeting in order to correct an omission in the Board's
Decision concerning property located at 11 Hersey Street.
A motion was duly made by James Boulger and duly seconded, and unanimously voted
to amend the Decision to include the condition that the property would revert back to
a two family 6,7elling, should the present owner sell the, property located at 11 Hersey St.
BOARD OF AP EAL
Jane T. Lundregan /
Secretary
C)=O to
ry
N
U H
W
�- Ctv of Salem, gassar4usette
PagrD of Appvd
°toms�
n
-i
DECISION ON THE PETITION OF ROBERT & JUDITH ARMSTRONG y
FOR A SPECIAL PERMIT FOR 11 HERSEY ST. , SALEM (R-2) r_ 9 t�1
mm a n
A hearing on this petition was held on March 20, 1985 with the flowing Boat}
Members present: James Hacker, Chairman; Associate Member Benca oActixdr SeFAetary;
Messrs. , Gauthier, Luzinski and Strout. Notice of the hearing r£6qsenbN10 atrptters
and others and notices of the hearing were properly published in ae Saeliem
Evening News in accordance with Massachusetts General Laws ChapteF%OA =
Petitioner is requesting a Special Permit to allow the continued use as a three
.family dwelling the structure at 11 Hersey St. , zoned R-2.
The provision of the Salem Zoning Ordinance which is applicable to this request
for a Special Permit is Section V B 10, 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 VIII F and IX D,
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 detri-
mental 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 hearing the evidence presented at the hearing, makes
the following findings of fact:
1 . No opposition was presented to the plan;
2. The building has been used as a three family dwelling for the
past nine (9) years;
3. The lot has adequate space for six or more cars and reduces the
the need for on street parking;
4. There are other three family residences in 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 . The proposed use will promote the health, safety, convenience
and welfare of the City's inhabitants;
DECISION ON THE PETITION OF ROBERT & JUDITH ARMSTRONG FOR
A SPECIAL PERMIT FOR 11 HERSEY ST. , SALEM
page two
2. The relief requested may be granted without substantial detriment
to the public good.
Therefore, the Zoning Board of Appeal voted unanimously 5 - 0 in favor of granting
the requested Special Permit in accordance with the following terms and conditions:
1 . The building must be in compliance with Chapter 148 Section 26C of
the MGL relative to the installation of automatic smoke detectors;
2. The building, if sold, must remain owner occupied.
SPECIAL PERMIT UNANIMOUSLY GRANTED
Richard A. Bencal, ing Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Cl)
y
m
3 N m
3c:
AO -V F
C1
(t7 O
11 or THE MASS.
IF AIGY, SHALL BE MADE PURSUANT TO
SECTIONTHE DATE OF FILING
?'AL FRG'�1 THIS DECISION. FILED VirHIN 20 DAYS AM
iS, CHAFTER 805, AND SHALL BE CLERK.
ER At LA:'• CF THE CITY n THE VABiA:v'CE 0?, SPECIAL PER'f.iT
- ER 808, Sr-C=" 11, a„ E aC'.F;C THE GEiT•
?ql$ C`_CiS16N IN THE OFFIC CHA"r ,EN FILED.
T, .iS 0,-rF.AL L r L. it A COPY OF THE CECT
pAfS HA4E ELAIS
PSED \D NC A 'P AL HAS D-
[„ SPALL h0T lr'.E EFFECT U'.
HAS EEC DI_ I..SE? OF6FE E1 Gr THE Cb�L
. illAl p�N OF THE CITI CLERK TM A7 20 I A' AS LL, �Ip INDERED UNDER THE
}: }p,„?. IF SUCH P.9 APFEASEYI.AREBISTRY 10F.DEEDS IT
FEC'.iRDED IN THE ypUTH ES
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF Tli� '
BOARD. OF APPEAL
r.
iA.Gbzi�1..
. Ti#U of gatem, 4Rnsathusefts
f Puarb of MVA 37 PN ']A
OCTOBER 26, 1978
CITY CLERK.Sit-H,I ASS:
DECISIDv ON PETITION SUBMITTED BY ROBERT $ JUDITH. ARhSTRONG CONCERNING PROPERTY
LOCATED AT 11 HERSEY STREET LOCATED WITHIN AN R-2 DISTRICT
A hearing on this petition was held on October 26, 1978 with the following members
of the Board present: Jane T. Lundregan, Donald Eames, Arthur Labrecque, Douglas Hopper,
James Boulger and Alternate Member, John Nutting. Notices were sent postpaid to abutters
and others and duly published in the Salem Evening News on October 12, and October 19, 1978
in accordance with Mass. General Laws, Chapter 808.
The Petitioner represented himself before the Board. He is requesting a Special Permit
for the dwelling at 11 Hersey St. for the use of the building as a three family dwelling
in an R-2 District.
The building was purchased by Mr. Armstrong as a three family dwelling and has been
assessed by the City of Salem as such for over seven years. However, it has been shown
that. it is not a legal three family dwelling at present and there are only two stairways
as a means of egress. The premises has parking for six or more cars and would not cause
a traffic problem.
The Board voted to grant the Special Permit requested. The Board noted that it
had been used as a three family dwelling and there has been no complaint from the neigh-
borhood and no problems with traffic in the area.
The Board granted the Special Permit on condition that it will terminate with the
future sale of the property. The Board found that a Special Permit would in no way
derogate from the intent of the Salem Zoning Ordinance.
S:ELIAI, PERMIT GRk1\7ED WITH CO\TDITIONS
APF L F:071 !T C'f, A.:l BE ' -,., a IW. TO i r1 l f /
$' CL '.'.ADc t1.P ;ECT C'J I7 CF THE S.
__. A:`iD SHLL 2E FiL:6 diTr ;l 20 .::1.., A7iE" HE CASE C. 9Li.^fes -
OF THIS DELI;I :: Iii ?N ,,FFi;;E OF THE CITY CLERK. Jane T. Lundregan
PURSANT TO '..::S. ,....,.4?.; _..':'S. CHAPTF° 899, SEOTIJii 11, THE W.RIANCE CR SP,;IA F.-?':!IT Secretary .
N 0 6i'E!,;. } . LL ?,CT TP,:(E EF'[CT UNTIL A CDPY CF THS':u;Io!:.::. EE 'P.:`iC '..E Crg T.
FICA74MI11 OF T!!i. "'i CL=F!': THAT 210 CAY3 HAVE ELhPSED n:iiJ APP:::: HAS E7_ F.__,..
OR TF-.T. IF APPA' HAS 5EEi1 FI:.C. THAT IT HA, _-Ei! _._',ISSFD CR ^:...v IS
REC!'.RCED I;! ?H" S. ;:TH ESCE�i RE',iSL?Y OF CidG Fi:'_,.SC .'P: .. . .: :7F
OF EECD"n, OR !S 11WED ARD PIDIED uN TnE UYrM:R:S CBiIF:C.n:� aTITLE
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING DEPT. AND CITY CLERK'S OFFICE
e CITi#u of*lem, gassachnut#s
Departnteut �Keabquarterz
48 `�iafagette *treet
ROBERT J. CROWLEY
AJChier Salem, 4R. a. 01970
Date: March 18, 1985
City of Salem Re: 11 Hersey Street •
Board of Appeal Robert & Judith Armstrong
One Salem Green Hearing Date: 3/20/85
Salem, MA -01970
Sirs:
As a result of the notice received concerning the Board of Appeal hearing for
the above listed name and address, the Salem Fire Department requests the
following items to be placed on record:
The property located at #11 Hersey Street is not currently in compliance with the provisions of Chapter 148, Section 26C of the Massachusetts General Laws
relative to the installation of automatic smoke detectors.
Until such time as the owner of such property provides this office with a
plan for the installation of smoke detectors appropriate for
the proposed
use, the Salem Fire Department will remain on record as in opposition to the
granting of the Special Permit.
Respectfully,
Robert W. Turner
Salem Fire Marshal
cc: Appellant
Building Inspector
File
Form #105
APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . .
C#g if alem, �Massac4use##s
Psar t IIf '4pcal
TO THE BOARD OF APPEALS:
The Undersigned represent that he is are the owners of a certain parcel of land loc , ed
at NO. . . .Z./. . :l� S><�e . . . -F�. . . • • • . • • . . . . . • • . . . . . . . . . Street; Zoning Di stri ct. .� '�
. • . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . : 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.
� r �
70
d
L7 C w
G19 .Vrfl
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: i
,q'jA 'S'� -1S op, f+U eX+eq 51ord o(_
SPecfal PeRm � � `f� R�lOuJ t �SC
as ct ,�E E FA✓Y►�
!}w� lz� Re�n�ue cu e2R `r i'-eS4-R'ic+t D K-) t
PKese )+�Y PRO h� bi +s T'k e- G'R OP'z___ 9+-y ��2�rrl 6 .r
-Sb L4 a.S 0, `� h Rt �m� L-Y rub
Owner.Robr,- er.G. r Ludt1h :�Rm o �-
Address.11. . RS!-�/ . . .�! . . . . .� � !'1. .
Telephone. . . ;/:'Y�Y:�Q.-V. . . . . . . . . . . . . . . . .
Petitioner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date. . e6.. . la . . 1.4$�5- Telephone. . . :. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
�
"
�
�
/
N0....-..-.-'~~.
�
PETITION lOBOARD OF APPEALS
LOCATION �
.-......-....--.....~.-,
PETITIONER......................................
�
`
ADDRESS...............................................
�
^~--~^`''~~^`~~--~
�
�
CONDITIONS
�
'~..~.-.-^'-.^~.^..~~^~.~.. �
`
`
-..~-..-^~'-~~.-'~..^~...~, .
�
^^~^`^~-~^`'^~^`^^~^-~^~-~
�
�
�
.-..-^.-~.--~~............................. �
'
^^-~'^^-^~~-~^^--~~'-~^~~-
�
^^^-~^'~~'~~^`~~~--~~~-^^~-
�~l � ^ �
PETITION 8yyR0\8E0..-..... ��
�
�
/
DENIED- . ....... 0F~l
) �
` !
,'.., l9.-..
�
�
°^
' |
�
53
C ads
9 varb of App`al CIT
SALEH,`MASS,
1O~
OCT. 26, 1978
AAENDMENT
TO THE DECISION ON PETITION SUBMITTED BY ROBERT $ JUDITH ARMSTRONG CONCERNING
PROPERTY LOCATED AT 11 HERSEY STREET
At a meeting of the Board of the Appeal held on November 29, 1978 with members
James Boulger, Douglas Hopper and John Nutting present, it was unanimously voted to
amend the minutes of the meeting in order to correct an omission in the Board's
Decision concerning property located at 11 Hersey Street.
A motion was duly made by James Boulger and duly seconded, and unanimously voted
to amend the Decision to include the condition that the property would revert back to
a two family dwelling, should the present owner sell the property located at 11 Hersey St.
BOARD OF AP EAL
Jane T. Lundregan
Secretary
N
- L
. yJ
U j--
D
:� f1
(f Li#U of $ttfem, c4ffineziarhusetts
.{
poarb of ji}r vA 12 37 P11
OCTOBER 26, 1978
CITY CL[Ah.sl'-HmASS.
DECISION ON PETITION SUBMITTED BY ROBERT $ JUDITH ARNSTRONG CONCERNING PROPERTY
LOCATED AT 11 HERSEY STREET LOCATED WITHIN AN R-2 DISTRICT
A hearing on this petition was held. on October 26, 1978 with the following members
of the Board present: Jane T. Lundregan, Donald Eames, Arthur Labrecque, Douglas Hopper,
James Boulger and Alternate Member, John Nutting. Notices were sent postpaid to abutters
and others and duly published in the Salem Evening News on October 12, and October 19, 1978
in accordance with Mass. General Laws, Chapter 808.
The Petitioner represented himself before the Board. He is requesting a Special Permit
for the dwelling at 11 Hersey St. for the use of the building as a three family dwelling
in an R-2 District.
The building was purchased by Mr. Armstrong as a three family dwelling and has been -
assessed by the City of Salem as such for over seven years. However, it has been shown
that it is not a legal, three family dwelling at present and there are only two stairways
as a means of egress. The premises has parking for six or more cars and would not cause
a traffic problem.
The Board voted to grant the Special Permit requested. The Board noted that it
had been used as a three family dwelling and there has been no complaint from the neigh-
borhood and no problems with traffic in the area.
The Board granted the Special Permit on condition that it will terminate with the
future sale of the property. The Board found that a Special Permit would in no way
derogate from the intent of the Salem Zoning Ordinance.
SPECIAL PERMIT GRANTED WITH CONDITIONS *********
i,F-r_CL FROM 'i r�!S r .F A-( S?ALL BE '.RDE P:-PSJA NT 70 SECTIN I7 CF THE '.+ASS. ^
CEAEEAL LAVIS. C::= 4 '-1 AND SH LL BE FILED ib lid ;! 20 ,,V-3 AF'R THE DATE OF °ILiNI M
Jane T. Lundregan i
CF THIS CdI;:10C IN ?HtOF:idc OF THE CITY CLERK.
„EP,,L _ ,,,I V Secretary
F_RSA!JT TO "::5. .^,..,,.. ti'::'S. Ci1A�T... 8:9. SECT11;! li. THE V,"31n"1Cc CR $P CIA! P."':ilT '
C?APITED HEEL I. L'.ALL ';OC T,A.i(E EF?ECT UNTIL A COPY OF TH2:1Ef,!_!Z:!. BUR:N$ '!{E ("Rr-
RCAT!ON OF Tli!. LISY CE:c:; THAT 27 LAYS HAVT ELAPS=D A, L.i Ailp:1.2 KAS K-E4 F -
OR T'IAT. !F f..,. . .. 1 APPEAL HAS SEEN FEZ THAT 1T Hi:S _EER _._'r'.IE:i[D CR ^;.IIJ i1-1? I;
REC^ '.-IH ESDE:( Rr,ISTRY L1 C.d.. ., .ri„_'. C -r ..._
OF C_Cr RRD OR IS REL;;GDED A1:0 NOIED ON THE OWNER'S
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING DEPT. AND CITY CLERK'S OFFICE
APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . . {
izfttllm, C �� zxzsPtts
Puttrh of '4}iEul
:,, uatifi`
TO THE BOARD OF APPEALS:
The Undersigned represent that he is are the owners of a certain parcel of land loc ed
at NO. . . //. . . lig RS�y. . . �*-7:: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning District
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : and said parcel is affected by Section(s) . . . . . . . . . . . . . . . .
o'f 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.
-� L
CD
m r rr
cn c.rt
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:
Spew u- L PeQm -�D nL) .bW 0-s(_f A-S H i�REf
f=arn, L 0,J) I-C) ffMa0e
i?h f�-`r �2 c�i: b`, 1 s i h e- pP_-Dp e,e4y F-( a,r, b�'� try sal d cis
A- lh��e �►�rni � .�we��� ,�y .
Owner04ce7�
Address. ..0. . .Hj;—;KS . .S.% .. 59.11 . . .
Telephone. . .7 . . . . . . . . . . . . . . . .
Petitioner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I_ Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date. .�� rJ . . . �r�. . .2 .��'S Telephone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
0�,41y�p-
lee
NO....................................
PETITION TO BOARD OF APPEALS
LOCATION
.................................................................
PETITIONER..........................................
ADDRESS...............................................
................................................
CONDITIONS
...... ........ .................................................
..............................................................
...............................................................
.................................................................
.................................................................
..................................... ...........................
PETITION APPROVED....................
DENIED.........................
19.........
legal leg ew legal C292 02 6 e
031385
CITY OF SALEM
BOARD OF APPEAL
745-0215
Will hold a Public Hearing for all persons in.
terested in the petition submitted by Robert
and Judith Armstrong for a Special Permit
to allow continued use as a three family
dwelling and to allow the property to be sold
as a three family dwelling at 11 Hersey St.
(R-2). Said hearing to be held Wednesday,
March 20, 1985 at 7:00 P.M., One Salem
Green,2nd floor.
BRENDA M. SUMRALL, Clerk i
iM'arch 6, 13, 1985
72 _
legal leg ew legal C292 02 6 e +'
03 13 85 /g
CITY OF SALEM
BOARD OF APPEAL
745-0215
Will hold a Public Hearing for all persons in-
terested in the petition submitted by Robert
and Judith Armstrong for a Special Permit
to allow continued use as a three family
dwelling and to allow the property to be sold
as a three family dwelling at 11 Hersey St.
(R•2). Said hearing to be held Wednesday,
March 20, 1985 at 7:00 P.M., One Salem
Green,2nd floor.
BRENDA M.SUMRALL, Clerk
March 6, 13, 1985
legal leg ew legal C292 02 6 e
03 13 85
CITY OF SALEM
BOARD OF APPEAL
745-0215
Will hold a Public Hearing for all persons in-
terested in the petition submitted by Robert
and Judith Armstrong for a Special Permit
to allow continued use as a three family —=/,g
dwelling and to allow the property to be sold
j as a three family dwelling at 11 Hersey St.
(R-2). Said hearing to be held Wednesday,
March 20, 1985 at 7:00 P.M., One Salem
Green,2nd floor.
BRENDA M. SUMRALL, Clerk
March 6, 13, 1985
E-
BOARD OE ASSESSORS
pyj 93 WASHINGTON STREET, CITY HALL,SALEM, MASSACHUSETTS 01970 (617) 744-0660
5 s
ABUTTERS
FEBRUARY 28, 1985
TO: 11 HERSEY ST: ASSESSED OWNER: ROBERT & JUDITH ARMSTRONG MAP 33 LOT 30
MAP LOT LOCATION ASSESSED OWNER MAILING ADDRESS
33 29 7 HERSEY ST ERNEST NEEDHAM JR 15 PLAINS ROW
CLAUDIA NEEDHAM j IPSWICH, MA 01938
33 28 5 HERSEY ST RAYMOND SOBOCINSKI / SAME AS LOCATION
GENEVIEVE SOBOCINSKI ✓/
33 31t/
13 HERSEY ST ROBERT & LUCILLE TACHE
33 32 13z HERSEY ST BERTRAND COTE
RACHEL COTE /
33 43 12 HERSEY ST JEANETTE CHOUINARD / BEVERLY SAVINGS BANK
BEVERLY, MA 01915
33 44 10 HERSEY ST RITA BELLEY / SAME AS LOCATION
CECILE PELLETIER /
33 14 28 FOREST AVE EDWARD & ALICIA CARTER v "
33 15 26 FOREST AVE RICHARD KALEIDA 12 CHERRY ST
MICHELE CORMIER / SALEM, MA 01970
33 16 24 FOREST AVE GARNIK ASHEGH SAME AS .LOCATION
33 17 22 FOREST AVE JOSEPH & LORETTA BAILLIE 25 ROBERT ROAD
MARBLEHEAD, MA 01945
33 18 20 FOREST AVE D E V REALTY TRUST P 0 BOX 892
HYLAND JOHN JR TR SALEM, MA 01970
360 3 765u 69
So 5 36� i
T- ,., 50 40 80 .740 n x321 °' m V s.4/" 22,1cu
3 ,30 W .i,64 322 328 31900
77 76 7573 51 000 327 p 4,410 362 . 366 367
v oa,H00 /.
,So shoo 5^5p 4200 3,303 " 250 W 3f .
U
72 m 323 m W 364 365 6 roo 5,300 9
0 324 ,°
.x 56 N� 325 N 32 6,Ino5 s° o
68 69 4 25
4.24 so
s
71 N 56 52-Sa
N 4.630 200 se a9
70 5,050 5[50 ae °opV ENUE s-55
3092 �a° so °z 55
IL'.SOO Si 54 5T_sT'/z 4� 4
0 10j;'OG +o °G155
LA cD 407
j0 50 Te 69 9T 55 ONw
B2 92 80 T3..75 Ti
T9 SO 9:1 �-4 394
e3 °0 so 49 r cm pyo c
-9svz 50 SO Z 44U� 4,4OG 4,40 6
50 50 y0 0 8,320 39
m
a56 52 51 547 zw A379� : 392 o p�K eoc
5800 5 5:700 53 4,900 X 4,482
57 5 41,39
° 48 o n N`; 397
4 o0c 4,9oc 54� 44 45 4,410 m 380 391 4,12n
46 47 4,a 92 x536 ' to
b 398
390
43 5,Hg0 9,353 90 4.2/0 381 W
0 41 42 3544 4,462 v 5200
,, X1.9-.0 -�r CG 4.900 ° W
u
490p Y,00.. °
c, 50 ° 5 ° �� 389 304
so z T, s 5 m 46, N p
so ,6 '" 3 ,,.„4 '_ / 5 0 50 26 25 y 3. W ❑ 4 406 N
° 10Y m "� 50 5 744 m !A m
S E5o .59
50 5o so 28 27 2646 2' Nom' , 346. W 388 a N v
32 31 30 29 4900 ?so �x -64
`� 5 :
m ;;� p
3cF LLL��� 4.Vo 4,900 x'900 a 900 386 7
33 a.9co 23 ;� 385 00 v
: goo 4,9c0 �/ 18 19 ,Z0 .5,500 aaoc 4,255 ' ao5
✓ 22 w N i o 4,a0C y5 5g '
17 w w u, 21 21695m
55 °
14 00 50 0 2. 5 ss a-9a
15 i6 a.9 �'„ -9
09L
9t?v`, 4,90 q:9U0 '902u a Lp2N 00 z0 - -1
50 i2 30 28 f R E 7
3� 0 5
c 121 3 �
m
100 0
x C�itg of ,'�alem Cfassarhusetts
Fire E1epar1rnzrd Peabquarfers
48 Sireef
ROBERT J. CROWLEY
A/Chief Salem, Pa. D1970
Date: March 18, 1985
City of Salem Re: 11 Hersey Street
Board of Appeal Robert & Judith Armstrong
One Salem Green Hearing Date: 3/20/85
Salem, MA 01970
Sirs:
As a result of the notice received concerning the Board of Appeal hearing for
the above listed name and address, the Salem Fire Department requests the
following items to be placed on record:
The property located at #11 Hersey Street is not currently in compliance with the
provisions of Chapter 148, Section 26C of the Massachusetts General Laws
relative to the installation of automatic 'smoke detectors.
Until such time as the owner of such property provides this office with a
plan for the installation of smoke detectors appropriate for the proposed
use, the Salem Fire Department will remain on record as in opposition to the
granting of the Special permit.
Respectfully,
Robert W. Turner
Salem Fire Marshal
cc: Appellant
Building Inspector
File
Form #105
it � _ �.�- �. �✓ �-�1i�t�.-.� ,�.�/.�,�i ��G�
61
4Gy�Q - (-.e 2-
A6=! Z,4f�jz 71
ell
_• r C4T - li-O c.- J _�
1
r;
•
Y
' 0
9�
z,
- r
3 � 7
� rIke
v
s-d
G
�` f� 'A�
t
- - - - --- -
- - - - -
------ -T --- - -- ------- ------------ -- - ------- - - --
---- -