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44 JEFFERSON AVENUE - ZBA i i k4 JEFFERSON AVE. B-1 Thomas J. Boucher _ Ernie Fratangello Jr. Owner i ki b _.r 3d LEGAL C-39—JIM CITY OF SALEM BOARD OF APPEAL 745-0215 Will hold a Public Hearing for all persons interested in the petition submitted by Thomas J. Boucher for Special Permit to extend non- conforming front set- back and change from one non-conforming use to another, also Variances from set- backs and parking as needed, to allow con- struction of and addition at 44 Jefferson Ave. (B- , ?). Said-hearing to be held Wednesday, May 18,1993 at 7:00 p.m.,2nd floor,One Salem Green. BRENDA M. SUMRALL Clerk May 4,11,1983 LEGAL C-39—JIM CITY OF SALEM BOARD OF APPEAL 7450215 Will hold a Public Hearing for all persons interested in the petition submitted by Thomas J. Boucher for Special Permit to extend non- conforming front set- back and change from one non-conforming use to another, also Variances from set- backs and parking as needed, to allow con- struction of and addition at 44 Jefferson Ave. (B- 1). Said-hearing to be held Wednesday,May 18,1983 at 7:00 p.m.,2nd floor,One Salem Green. BRENDA M. SUMRALL Clerk May 4,11,1983 - LEGAL C-39—JIM CITY OF SALEM BOARD OF APPEAL 745-0215 Will hold a Public Hearing for all persons interested in the petition submitted by Thomas J. Boucher for Special Permit to extend non- conforming front set- back and change from one non-conforming use to , another, also Variances from set- backs and parking as needed, to allow con- struction of and addition at 44 Jefferson Ave. (B- , 1). Said-hearing to be held Wednesday, May ` 18,1983 at 7:00 p.m.,2nd floor,One Salem Green. BRENDA M. SUMRALL Clerk May 4,11,1983 LEGAL C-39—JIM CITY OF SALEM BOARD OF APPEAL 745-0215 Will hold a Public Hearing for all persons interested in the petition submitted by Thomas J. Boucher for Special Permit to extend non- conforming front set- back and change from one non-conforming use to another, also _ Variances from set- backs and parking as needed, to allow con- struction of and addition at 44 Jefferson Ave. (B- 1). Said-hearing to be- held Wednesday, May ' 18,1983 at 7:00 p.m.,2nd floor,One Salem Green. BRENDA M. _ SUMRALL Clerk May 4,11,1983 LEGAL C-39—JIM CITY OF SALEM BOARD OF APPEAL 745-0215 Will hold a Public Hearing for all persons interested in the petition submitted by Thomas J. Boucher for Special Permit to extend non- conforming front set- back and change from one non-conforming use to another, also _ Variances from set- backs and parking as needed, to allow con- struction of and addition at 44 Jefferson Ave. (B- 1). Said-hearing to be held Wednesday, May 18,1983 at 7:00 p.m.,2nd floor,One Salem Green. BRENDA M. SUMRALL___ _ Clerk May 4,11,1983 LEGAL C-39—JIM CITY OF SALEM BOARD OF APPEAL 745-0215 Will hold a Public Hearing for all persons interested in the petition submitted by Thomas J. Boucher for Special Permit to extend non- conforming front set- back and change from one non-conforming use to another, also Variances from set- backs and parking as needed, to allow con- struction of and addition at 44 Jefferson Ave. (B- 1). Said'hearing to be held Wednesday, May 18,1983 at 7:00 p.m.,2nd floor,One Salem Green. BRENDA M. SUMRALL Clerk May 4,11,1983 BOARD OF ASSESSORS p 93 WASHINGTON STREET,CITY HALL,SALEM,MASSACHUSETTS 01970 (617)744-0660 � c ABUTTERS APRIL 14, 1983 TO: 44 JEFFERSON AVE ASSESSED OWNER: CHRISBE REALTY TRUST MAP 25 LOT 386 ERNIE F �TANGELLO JR MAP LOT LOCATION ASSESSED OWNER 0 MAILING ADDRESS 25 654 53 JEFFERSON AVE NEWARK BOXBOARD CO SAME AS LOCATION 25 112 59 JEFFERSON AVE HIA PEARL .CORP ✓ P 0 BOX 250 / BRAINTREE, MA 02184 25 388 38 JEFFERSON AVE T.E.ANDRESEN INC ✓ / SAME AS LOCATION 25 387 42 JEFFERSON AVE JOSEPH MARFONGELLI ✓ " " " 25 384 48 JEFFERSON AVE JOSEPH INGEMI JR ✓ " " " 25 383 50 JEFFERSON AVE LUIGIA D'ISSO ✓ " 25 400 25 CALABRESE ST GEORGE & SOPHIE HASHEM it " to 25 399 23 CALABRESE ST ANNA YAROSH ✓ " to of 25 398 21 CALABRESE ST RITA HIGLEY to It " 25 397 19 CALABRESE ST LOUIS & ANITA ROBICHEAU c% to " of 25 396 17 CALABRESE ST VINCENT J. FURFARO . 106 MARGIN ST SALEM, MA 01970 � Tit � `� `1'e—',;o .r n u• 36� �\ .: . •• ;t o-5 as -` ��: ..' -. 'rot r - i rare j ` 393 392 39l �� SQUARE r ®,00 652 r38,430 - O J3 997 - �.E '_: �� ♦'� .. 396 r � ' io a Ji ep Z-61 D00 Q. `t S 387 654 / 98 AC Y o 386 398 • y 36 N' -e625 a~ 6430368 3eoc a3o 1 � x r 66i t ETM CIP eta. 3e� 59s84 ; Mq� I t B�tR` fid. , :sp '���.�, t•c. �. �k � l.I s CtV of '* ert, CALSSachnutte, ire Peparkuun# Peabquarters dames '�Rrsnnmi 48 TGafgette Street QIhief `p ttleltt, c'�tt- iTl97II �,o' Date: May 18, 1983 Salem Board of Appeal Re: Thomas J. Boucher City of Salem, Massachusetts 44 Jefferson Ave. Salem One Salem Green Hearing Date : 5/1$/83 Salem, Ma. 01970 Sirs: As a result of notice received concerning the Board of Appeal hearing for the above listed name and address, `the Salem Fire Department, requests the following items to be placed on record. 1. The Salem Fire Department is not opposed to granting of a Special Permit to change the non-conforming use. 2. The owner shall obtain all required permits for the new ' use and occupancy, prior to occupancy of the structure, for bhop use. i i 1 Respectfully submitted � P Y^submitt �i Capt�id J. Go in e cc: Building Inspector Salem Fire Marshal a file 9 Otv of "ialcm, lie Department PgabyuaIters James cel-prerman 48 Tsai rdte !$treet QI[iief �aalettt, �a. II137II Date: May 18, 1983 Salem Board of Appeal Re: Thomas J . Boucher City of Salem, Massachusetts 44 Jefferson Ave . Salem One Salem Green Hearing Date : 5/18/83 Salem, Ma. 01970 Sirs: As a result of 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. 1. The Salem Fire Department is not opposed to granting of a Special Permit to change the non-conforming use. ( 2. The owner shall obtain all required permits for the new use and occupancy, prior to occupancy of the structure, for 'shop use. Respectfully submitted O CaptainJ. in 1 cc: Building Inspector Salem Fire Marshal file TO THE BOARD OF APPEALS: The Undersigned rep e t that he is are the owners of a certain parcel of land 1 c ted at NO. . . . . . . . . . . . �e�erson Ave.. . . . . . . . . . . . . . . . .. .. . . . . . . .Street; Zoning District.-�_. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; and said parcel is affected by Section(s)..atiM.... . ... of the Massachusetts State Building Code. Plans describing the work proposed, have been submitted to the Inspector of Building54in accordance with Section IX A.1 of the Zoning Ordinance. , Special permit applied for to change from one nonconfoiAing qse to . another QPM AP Variances from setbacks also applied for to enlarge and 10— urix h existing structure Variance may also be needed to change parking requirements1-o Variance applied for to enlarge nonconforming use Special permit applied for to extend nonconforming front seek The Application for Permit was denied by the Inspector of Buildings forth 3'o11"wing n reasons: Same as above N 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 would like to have the variances granted because after being in business for 9 years and the. buying of new equipment. I have out grown the building that I now occupy on Margin St. in Salem. I feel by enlarging and refurbishing" the existing building on this property it would upgrade the' property'and help me carry my business . on in a professional way; Also, with this new building all my equipment would be on one floor instead of two floors as it is now. With the variance changes it would also change the. property taxes from residential to commercial. Ernie Fratangello Jr. Owner` _ Owner. . Thomas J. Boucher Address... ..17 Moody St._ Byfield Telephone.. .744.-6086 Petitioner. ..Thomas J. Boucher Address. .. .17. Date. . March 24, 1983 . . . Telephone. . . .7.4!.—.6 Q$6 ...... .. ... .. . . ...... 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. ..$53.•5.5.... . .. . . . . ..... four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. ♦� .................................... f � PETITION TO BOARD OF APPEALS s LOCATION PETITIONER....:..... i E ?ADDRESS............ . ..... .. . ... .. . c, pp ....................,........................... ; r � !' CONDITIONS s - -- ........................................:................ T .................................................. 1. fI ................................................ { .. .. ......... ....... . ........ i. . PETITION APPROVED ......... ......:.0. DENIED...... fi ❑ .............................. . .......... 19..... , r ,4 ' 0.p e° a' 33 :e 633 O+ 328 so so 6' app 90 Z7 . J JQ C oS O N �� ro> 95"00 `B p.9 sa —. y'' a eo a> Ind 3620 \ 133-3 a4 - �a - .. S T R E E T . - n5-3 ae es 3= h 79 4� N 3 0-S ' . ' JOp IOp 104 5000 s7uo 7 37B v l 39 131 6100 " '_ 3g4 1 \ ue 93 '9/002 °, . 3 6 105" 390 41 o Y Z 5 3 3 0.w 37 '� . 6 532 56j9677Li n 1: o mN mz . . 1 ,�*� 0 a 3530C 659 5,05 u.6ac . - . 0 0 4 p3 _ a 5500 5, 5 K 409 ❑ ° 55y9 500 °s ;4,k 4 \Q° O �RF Y . OF SALEM WOOL DEPT s O9 396, J J/'395 o\/ 2° IV 0 s DP R 3 e°s o 9p , °,O 36T s"°�2 _3O e1 �O /0000 Q CQ4 tc ioi 6 g7 386 ! 9e AC S0 w; W . �O ti° iR ' 36� N N, .. B698 V.. A �5 9' so FF 43 s 6450 11 m- OP eo p, 399 a 366 830 LJ QrzI 7 �VaObtib Bo ?a 10,800 " Q: 400 ebp -00' 3 �. 4 . 100 00 9 300 4 0 ,Q 500 F ET3B 6Gi6 � ._. ., 100 _ . - -. O " . .. so ,_ _ n �,�,coNonA.bw¢ Ctv of tt1em, Httsstt�l�usP##� 3 1 UIINB Pourb of Ovral �Q � MINUTES OF THE BOARD OF APPEAL - MAY 18, 1983 A Public Hearing of the Salem Board of Appeal was held Wednesday, May 18, 1983 at 7:00 p.m. , on the 2nd floor, One Salem Green. Notice of said hearing having been duly advertised in the Salem Evening News on May 4 and 11 , 1983. Abuttors and other interested persons were notified by mail. Members present were: Mr. Hacker, Mr. Hopper, Piemonte, Mr. Luzinski, Mr. Charnas and Associate Member, Mr. Bencal Meeting was called to order at 7:00 p.m. by the Chairman, Mr. James Hacker. It was noted for the record that Mr. Bencal would not be a voting member. Mr. Hopper made a motion to accept the minutes of the March 23, 1983 meeting, Mr. Piemonte seconded. MINUTES UNANIMOUSLY ACCEPTED 14 Nichols St. - Dolores Shea Mr. Charnas read a letter from Dolores Shea, dated May 3, 1983, recieved, May 9, 1983, requesting permission to withdraw without prejudice. Mr. Charnas made a motion to grant her leave to withdraw, Mr. Piemonte seconded. UNANIMOUSLY GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE 44 Jefferson Ave. - Thomas Boucher Petitioner is requesting a Special Permit to extend non-conforming front setback and change from one non-conforming use to another. He is also requesting a Variance from setbacks and parking as needed to allow construction of an addition . Mr. Charnas read the petition, a letter from the Fire Marshal and a letter from the Planning Board (on file) . Mr. Boucher represented himself. He displayed plans to the Board, showed pictures of the existing buildings. Said he would like a 20 foot addition. It is a busy place and not suitable for residential use. He will use it for a machine shop, right now he as 2 employees but will eventually would employ 4. He showed a picture of a vacant lot where parking could be. He explained that this would be an automotitle machine shop, strictly engine repair. The engines are brought to him and they will be brought in the garage door, which he showed on the plans. His hours of operation are 8 - 5 Mon. through Fri, and 8 - i on Sat. Said he was presently located at 18 Margin St. Mr. Hopper asked him if it would be a problem for him to have the garage doors elsewhere so that people would not have to back out onto Jefferson Ave. He said that could be worked out. Mr.Hacker asked the audience if they were able to hear Mr. Boucher and if they had any particular questions to ask him. Mr. John Yarosh, 23 Calabrese St. wanted to know if they were going to do any blasting. Mr. Boucher assured him they would not. It was noted by the Zoning Enforcement Officer, Mr. McIntosh, that this area was an R-1 district, not B-1 as put on the application. No one appeared in favor. Speaking in opposition: Mr. Joseph Ingemin4 Jr. , 48 Jefferson Ave. , said they pay taxes for living in an R-1 district and yet they have to put up with all these business, he mention several of the business in the area. He was concerned that if this was granted they would eventually be staying open nights. Also concerned about noise, did not think it would be fair to the neighbors to allow anymore business. Mr. Luigia D'Isso, 50 Jefferson Ave. , Mr. Louis Robicheau, 19 Calabrese St. , Mr.. John Yarish and Mrs. Ann Yarosh, 23 Calabrese St. , Mrs. MINUTES - MAY 18, 1983 page two 44 Jefferson Ave. - Continued Rita Higley, 21 Calabrese St. (who was not present but had the Yarosh's speak for her) , all voiced the same concerns at Mr. Ingemi. In rebuttal, Mr. Boucher invited them all to come to his present shop to see his operation. Hearing closed. Mr. Piemonte asked if Mr. Boucher was not going to enlarge the building, would he need a Variance. Mr. Charnas said he would then need a Special Permit for use. Mr. Piemonte asked if the building is presently vacant and if it is wouldn' t this cause a hazard in regards to vandals. Mr. Hacker said it is vacant, he felt the objections were to the type of business. Mr. Charnas said he had difficulty finding any hardship. Mr. Hopper made a motion to deny the petition because of lack of hardship since the property has not been purchased, machine shop in a residential area is not in keeping with an R-1 Zone, and abutter opposition. Mr. Charnas seconded. UNANIMOUSLY VOTED TO DENY THE PETITION. / 198 Lafayette St. - Aser Frisch Petitioner is requesting a Special Permit to convert existing four family dwelling to a four unit condominium. He is also requesting a Special Permit to add a fifth unit. These requests were submitted on two separate applications, the Board asked if there was any objection to hearing them both at once. Petitioner had no objection. Mr. Charnas read the petitions, letters from the Fire Marshal and the Planning Board (on file) . He then read a petition signed by abutters in favor of this proposal. Attorney Mark Vershbow represented the petition. He stated, as regards the second application, it amends the first. He explained that for the fifth unit they would have add dormers. This would not be substantially detrimental. Presently have 5 parking spaces, will have 10 spaces. There will be 2 spaces per unit. He explained that one tenant has signed the petition in favor, the other said she had no objections but did not want to sign, told the petitioner if she had any objections she would come to the hearing. The fifth unit will be four rooms. Parking and driveway is hot topped. The parking will be piggy back, but there has never been a problem with that type of parking there. Mr. Hopper concerned whether there was enough room for cars to turn around. Mr. Frisch said there was, said he had lived there and never found any problem. If necessary, the paved area could be extended. Showed on the plans where it could be extended. Mr. Frisch said that by law they only needed 7; parking spaces but he though it would be better to have two spaces per unit in case they had company. Mr. Piemonte asked how they came to the conclusion that this would not have any effect on the rental situation in Salem. Mr. Vershbow said it was a common sense determination, these are not low income apartments, they are $450 - $475 monthly. Mr. Hacker asked how much these units would sell for. Mr. Vershbow said they are aiming for the high sixties. Mr. Frisch said this was one of the newer buildings on Lafayette St. , only about 35 years old. Mr. Piemonte asked if they were going to do anything about soundproofing, Mr. Frisch said yes, they will insulate the common wall. There are closets on the common wall. No one appeared in favor or in opposition. Hearing closed. Mr. Luzinski asked if the dormers would be the only construction. Mr. Frisch explained there would be only the dormers and they would conform to the rest of the building. The third floor is presently an attic and it has never been used as an apartment. Everything there will be new. Mr. Hacker said he might be in favor or waiving the 6 months waiting period as long as it doesn' t interfere with the tenants still there. Mr. Charnas asked when construction would begin. Mr. Vershbow said they would like to begin as soon as possible. JPHN L'. O'BRIEN JR. Register of Deeds Essex R eds, So. Dist. Salem, Mass. /9 Recei ed for record on the ..........f.....!---........day of, .. , _ ._. .....__......., 19 at ...... ----- o'clock and y.2 minutes .__ - .M. v I TOTAL UE $ JOHN L. 0' J agister By.... - .. ...... k (9i#g of '�$ttfem, 'mttssarfiuse##s � a Poarb of ettl ZOIMINB *\ 1 June 10 1983 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 DENY THE PETITION OF THOMAS J. BOUCHER FOR A SPECIAL PERMIT AND VARIANCE FOR 44 JEFFERSON AVENUE. BOARD OF APPEAL Brenda M. Sumrall, Clerk i 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 CLERK. PURSANT TO MASS. GENERAL LAWS, CHAPTER 808, SECTION 11, THE VARIANCE OR SPECIAL PERMIT GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY Ci' THE DECISION, BEARING THE CERT FICAT!ON CF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED, OR THAT, IF SUCH AN APPEAL HAS BEEN FILE, 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 (situ of %tem, fflaemc4uuttz Potts of App ml G, C E C ! DECISION ON THE PETITION OF THOMAS J.. BOUCHER FOR A .83 JUN 1O A9 :27 SPECIAL PERMIT .AND VARIANCES FOR 44 JEFFERSON AVE. A hearing on this petition was ,held on May 18, with EhWfa1.3Mnff: ICE Board Members present: James Hacker, Chairman, Messrs. , Char�S , , ooper, Luzinski; Piemonte and Associate Member Bencal. 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 Petitioner has requested a Special Permit to allow him to use the premises as a Machine Shop in this R-1 District_ Petitioner also asks for Variances from minimum setback and parking requirements. The Board of Appeal, after consideration of the evidence presented at the Public Bearing and after viewing plans of the property, makes the following findings of fact: . - 1 . Vigorous opposition to Petitioner's plan was raised by neighbors; 2. Petitioner has not demonstrated anyspecial financial hardship., caused by the property or any. condition of the property; 3. The use of the property as a Machine Shop would be substantially- more detrimental to the neighborhood than the existing non-conforming use. . On the basis of the above findings of fact, and the evidence presented at the Public Hearing, the Board of Appeal voted unanimously to deny Petitioner's request for Special Permit and Variances. - SBPEAL-FROM THIS DECISION, IF ANY. SHALL BE MADE PURSUANT TO SECT;4" ��T�, I,C�arnaS, Acting Secretary 4Cti THtSERAL LA':lS. CHAPTER £CS, p;1O SHALL BE FILED :'lITHIN 20 DAYS AFTER TETE DATE OF Fi LING - '-iF THIS DEc—ON W THE OFFICE OF THE CITY CLERK. ?'iRSRifT TO N'S>".-M.'!ERAL LAWS. CHAPTER M. SECTL7.N 11, THE VARIANCE OR SPECIAL PER.':!!T - +iaii?::o 5t:�_�[•i, S8AL4 NGT TATE EFFCCT UNTIL A COPY U THE DECISIO."1. 5✓16a1C THE CERT- C-_ - .-- - .T `H C, '/ GEEZ!'. Vi - 29 DAYS HAVE ELAPS:D W10 Ho APPEAL HAS BEEN FILED. OR Tij'i IF !"CH All 39PEA� HAS PUN FILE. TP.Af IT HAS B¢EPI DIS:41SSED OR D-rHCD IS &ECCROfD IK THE Su''TEF ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAlAE OF THE OR-IS RE'.09DED AND NOTE) ON THE OWNER'S CERTIFICATE OF TITLE. - - - - _ - BOARD OF APPEAL - - - A COPY OF THIS DECISION AND PLANS HAVE BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK tip Pourb of DECISION ON THE PETITION OF THOMAS J. BOUCHER FOR A '83 JUN 10 A9 :27 - SPECIAL PERMIT AND VARIANCES FOR 44 JEFFERSON AVE- A hearing on this petition was held on May 18, 1983 with CEZYfl2B:iagFFICE Board Members present: James Hacker, Chairman, Messrs. , Chars; Hopper, Luzinski, Piemonte and Associate Member'Bencal. 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 Petitioner has requested a Special .Permit to allow him to use the premises as a Machine Shop in this R-1 District. Petitioner also asks for Variances from minimum setback and parking requirements: The Beard of Appeal, after consideration of the evidence presented at the Public Hearing and after viewing plans of the property, makes the following findings of fact: 1 . Vigorous opposition to Petitioner's plan was raised by neighbors; 2. Petitioner has not demonstrated anyspecial financial hardship, caused .by the property or anyconditionof the property; 3. The use of the property as a Machine Shop would be substantially more detrimental to the neighborhood than the existing non-conforming use. On the basis of the above findings of. fact, and the evidence presented at the Public Hearing, the Board of Appeal voted unanimously- to deny Petitioner's request for,Special Permit and Variances. - 4McAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECT:^� P PNE" �"arnas, Acting Secretary »'1_,AL CANS. CHAP'E'Z M. AND SHALL BE PILED ;WITHIN 20 DAYS AFTER THE DATE OF IFi LING - - - aF THIS DECISICN IN THE OFFICE OF THE CITY CLERK. -0 NIASS7, QUIERAL LAWS, MAKER S03, SECTION 11,.THE VARIANCE OR SPECIAL PE47:!!T - =.' O _ i. PALL %CT -ANE EFFECT UNT'L A COPY Cf THE DEC11I671. SW'N; THE CERT- . ,T.C.. 0e TP_C„T CEE.,.. TNA 20 DAYS HAVE ELAPSED AW NO APPEAL HAS BEEN F!LEO. - !1R TH.`t, IF ".CH A1 d89E4L H+1S BE6'1 FILE, TFAF IF HAS BEEN DIS;AlSSED OR CE TIED IS SEWRGL'0 IN THE SOL if ESSEX RECISTRf OF DEECS AND INDEXED UNDER THE N,AL9E OF THE G'd'S 3 3F. TECO?A M IS RECG.?DED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. - - .. .. - BOARD OF APPEAL A COPY OF THIS DECISION AND PLANS HAVE BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK (grJU of �3ajem, 2% PoarS of Appind DECISION ON THE PETITION OF THOMAS J_ BOUCHER FOR A •83 JUN 10 A9 :27 SPECIAL PERMIT AND VARIANCES FOR 44 JEFFERSON AVE. A hearing on this petition was held on May 18, 1983 with EhZY�.dljBin-g FFfCE Board Members present: James Hacker, Chairman, Messrs. , Cha �?�`;'Rop `e'r Luzinski, Piemonte and Associate Member'Bencal. 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 Petitioner has requested a Special Permit to allow him to use -the premises as a Machine Shop in this R-1 District. Petitioner also asks for Variances from minimum setback and parking requirements. The Board of Appeal, after consideration of the evidence presented at the Public Hearing and after viewing plans of the property, makes the following findings of fact: - 1 . Vigorous opposition to Petitioner's plan was raised by neighbors; 2.': Petitioner has not demonstrated anyspecial financial hardship., caused .by the property or any condition of the property; 3. The use of the property as a Machine Shop would be substantially more detrimental to the neighborhood than the existing non-conforming use. On the basis of the" above findings of fact, and the evidence presented at the Public Hearing, the Board of Appeal voted unanimously to deny Petitioner's . request for Special Permit and Variances. ek PEAL FROM THIS DECIS?ON, IF ANY, SHALL BE MADE PURSUANT TO SECT:0; t f �` 1arnas, Acting Secretary - 3=NERAL LA':7S. CHAP(ER M. AND SHALL BE FILED ;NfTHIN 20 DAYS AFTER YT'HE�DATE OFFiLICiO - 'aF TH'S DEO!„C:I IN THE OFFICE OF THE CITY CLERK_- - - - - -- B >c T TO N 5-+ fr;!ERC.L LAWS, COAPTER 803. SECTION 11, THE VARIANCE OR SP ECL4L FE"'?!:' - - .,t L1LL NuT TA:E EFFCCt UNTIL.A COPY U THEJ7C;Sf0!1. S AR:NC THE CERT•"AT.;C.< OF TO e!-.Y CEER.Y, THA; 20 DAYS HC.VE ELOP=ED ANG. NO APPEAL HAS DEEN FILED,- - - fIR TH.'T, ;F e rf. 9.1 A9PEAL HAS DEEN FILE, THAT IT HAS DEEN p1S:?;SSED OR pc iiED IS . YTCORDEB IF; THE Sw'Ttf ESSEX REGISTRY OF DEECS AND INDEXED UNDER THE NXAE OF THE - IF IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. - .. _ - BOARD OF APPEAL.. - A COPY OF THIS DECISION AND PLANS HAVE BEEN FILED SMITH THE PLANNING BOARD AND THE CITY CLERK - - L, CHC of �tt[em, M4 nZachme#ts ' pourb of Appatt1 RErE1tr DECISION ON THE PETITION OF THOMAS J. BOUCHER FOR A '83 JUN 10 A 9 :27 . SPECIAL PERMIT AND VARIANCES FOR 44 JEFFERSON AVE. A hearing on this petition was -held on May 18, 1983 with EhW0111?aiE ger=lCE Board Members present: James Hacker, Chairman, Messrs. , Charm;/`Hopper, Luzinski; Piemonte and Associate Member`Bencal. 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 Petitioner has requested a Special Permit to allow hien to use the premises as a Machine Shop in this R-1 District. 'Petitioner also asks for Variances fromminimum setback and parking requirements: The Board of Appeal, after consideration of the evidence presented at the: Public Hearing and after viewing plans of the property, makes the following findings of fact: - .. , 1 . Vigorous opposition to Petitioner's plan was. raised by. neighbors; 2. Petitioner has not demonstrated anyspecial financial hardship_ caused by the property or any condition of the property; 3. The use of the property as .a Machine Shop would be substantially. ' _ more detrimental to the neighborhood than the existing non-conforming use. On the basis of the above findings of fact, and the evidence presented at the Public Hearing, the Board of Appeal voted unanimously- to deny Petitioner's request for Special Permit and Variances. . VPEAL FROIA THIS DECISION,- IF ANY, SHALL BE MADE PURSUANT TO SEC?:D� GPC�TFi1-ItC arriaS,. Acting Secretary - - s'';`SAL IA.7S. CHAPTER 8C8, AND SHALL 6E FILED WITHIN 20 DAYS AFTER THE DATE OF FILING 3F THIS DFCiSICN IN THE OFFICE OF THE CITY CLERIC: - -1'_-'RSA'T TO -.i Si, CEIEPAI. UWS, COATER 803, SECTI21 11, THE VARIANCE 03 SPECIAL PE2-+,tT _!S ;.ALL ht0T TSt:S EFFECT UNTIL A COPY C: THE D,'CiSfrvi, sEAREIJG THE CECT- . . 1 CEE ", THAT 29 DAYS HAVE ELAPSED ANO NO APPEAL HAS BEE', FILED. - - - - 03 Td'T, !E 9 CH Arp IIgpEAL HAS LIEN FILE. THAT 1T HAS BEEN DIS?,:SSFD OR CEt1iE0 IS XE CRDJ IN THE SGUTc6 ESSEX REGISTRY OF DEECS AND UIDEXED UNDER THE NAIAE OF THE t-`COED MIS U—CRDEO AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.- - - - BOARD OF APPEAL - A COPY OF THIS DECISION AND PLANS HAVE BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK 0 i A7 IIZ ON uN T ff 14,�-TT/�oN of THW� J, FOP- 4 / Ji�-FFCRSou AvgNuE � LAS L/ L ! l l E a r ilio 0 �l h, s z7 0 �✓a�y1�j� ao MQ y II` ff 9 ha, e a J I,va.j i+-'UD etrS 6.L. d 0'l�-(/�S �G.� ��ckJ `J ��1� hQ.attrrtin kR/lc� L IA / - 6 hQ 4n c I-1 ow��l vie, �1S �r2-h erd L ku, S C-A 0.1 Fk� fl ti_ o u o L/9— J1w i - (. s4eiel rD -r /I .. l o /IDA�� a�Hn (AinJi)e-r A,- 1O7 0� r L ^ L1 VI or�U � .1 i 4 D �✓fJ l~h ,� 7e-4 or k4 LVIL, r �— 114 r 3. use o � yL� U 14LILA. Ok 4 6-j,j 0 J.C.Q. N 6 ONf, r/-/Jh d14, 9 ��T �( � 0-IL/ G � r V� u^ Lin„amu I� r _:�- { I i _. . . _ .. 1 jl �� I i -�� iy i _ � i _ . . :�! �� _ . 1 `� :;� I '� _ � ��. �Z ,_ rle.�, � /9 ,1. j x^1/1 vK.J-� r� �/.e�.,'ti/ �-G�l+.;�' 2�.�t 1/ Nn.�ti�It t ---— _ . _ f \, _ �. i �_� i . . I i ``I �I _ ,,i Ii t ._ — � _ . E o —�� i I' I., i `i �� ;� ,� Uj Prrarbr of LA}rgeA TO THE BOARD OF APPEALS: The Undersigned rep e t that he is are the owners of a certain parcel of Land 1 c ted at NO. e�erson Ave. � . . . . . . • • .Street; Zoning District ___. . ; and said parcel is affected by Section(s)__a,7_.$____ ,___ .of the Massachusetts State Building Code. Plans describing the work proposed, have been submitted to the Inspector of Buiidingsr in accordance with Section IX A.1 of the Zoning Ordinance. Special. permit applied for to change from one nonconfor<`ning�zse to _� another Variances from setbacks also applied for to enlarge and re'3uri�p h existing structure t''� Variance may also be needed to change parking requirements-f-':::) Variance applied for to enlarge nonconforming use -P Q Special permit applied for to extend nonconforming front seKDAck 71 r-� The Application for Permit was denied by the Inspector of Buildings for thii'� blW ng reasons: Same as above y� N The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salent 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 deco— gating from the intent and purpose of the Zoning Ordinance and Building Code for the following reasons: ' - I would like to have the variances granted because after being. in business for 9 years and the buying of new equipment I have out grown the building -that I now occupy on Margin St. in Salem. I feel by enlarging and refurbishing the existing building on this property it would upgrade the property and help me carry my business on in a professional way. Also, with this new building all my equipment would be on one floor instead of two floors as it is now. With the variance changes it would also change the. property taxes from residential to commercial. Ernie Fratangello Jr. Owner' Owner. rThgmas. J. Boucher Address.....!?. Moody. St. ._Byfield - Telephone...?44.6086 Petitioner.. .Thomas J. Boucher Address....17.Yzady_St.._.Uxf jp1cl. Date. . March 24, 1983 . . . . . . • • • •. . Telephone.. . .7wk.606.._..-. r ---------- - - v Three copies of the application must be filed with the Sedretary of the Board of 4 Appeals with a check, for advertising in the amount of..A53:5&.... ....... ..... four creeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. Chi of '$a1em, tt Sze �t e t Fire Bepartmertt Peabquartzr5 - ..-. �ftttnes retutttp _ 48 �.[' {2.T e to 24rgPt - Glhief tt1Ptte, 011m Date: May 1$, 1983 Salem Board of Appeal Ree Thomas J. Boucher City of Salem, Massachusetts 44 Jefferson Ave. Salem One Salem Green Hearing Date : 5/18/83 Salem, Ma. 01970 Sirss As a result of 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. 1. The Salem Fire Department is not opposed to granting of a Special Permit to change the non-conforming use. 2. The owner shall obtain all required permits for the new use and occupancy, prior to occupancy of the structure, for 'shop use. Respectfully submitted, Captain David J. Go in 45�11 cce Building Inspector Salem Fire Marshal file - . .��''""."•r--'-y'--..I. -��!=-f--" --� u. V_C'�.._ -----,------ v�j-/I J�^9i�J ro �d i �: OGj. -- u/ i,, y� cn t I i � . — �, ---- _`�i -- I� I I I t i� �, i. o - ;� 0 �'`°"°z`�� fit of *ak tt, fflttssar4usdts ' b p Planning �Ruttrbr 'JABa�MM6� t Mim �$ttlem 05rem May 16, 1983 Mr. James B. Hacker, Chairman Board of Appeal One Salem Green Salem, MA. 01970 Dear Mr. Hacker: The Planning Board has discussed your upcoming agenda and wishes to comment on the following petitions: Regarding the petition of Thomas J. Boucher for a Special Permit to extend non-conforming front setback and change from one non-conforming use to another, also Variances from setbacks and parking as needed to allow the construction of an addition at 44 Jefferson Avenue, the Planning Board re- quests that the Board of Appeal consider the traffic flow on this main artery and if this proposal will slow down the traffic flow, provisions should be made for off-street parking. Regarding the petition of Aser Frisch for a Special Permit to add a fifth unit to an existing four-unit dwelling at 198 Lafayette Street, the Plan- ning Board is opposed to adding an additional unit if off-street parking is not available. Regarding the petition of Jan Rozen and Arnold Maloff for a Variance to allow professional dental offices on the first floor of 2 Winter Street, the Planning Board is opposed to further encroachment of offices into this residential and further notes parking problems in this area. Thank you for your consideration of these comments. Sincerely yours, Walter B. Power, III Chairman DATE OF HEARIN 2 PETITIONER LOCATION MOTION: TO GRANT _ SECONDED TO DENY SECONDED ; LEAVE TO WITHDRAW SECONDED ROLL CALL ABSENT PRESENT GRANT DENY WITHDRAW SCOTT CHARNAS JAMES HACKER p/ DOUGLAS HOPPER f/ EDWARD LUZINSKI y JOSEPH PIEMONTE F ASSOCIATE MEMBERS RICHARD BENGAL ARTHUR LABRECQiJE DISCUSSION& CONDITIONS: 1 m RR alem V assar4usPtti Pottr3 of A"W1 TO THE BOARD OF APPEALS: The Undersigned r pres t that he is are the owners of a certain parcel of land loctgd at NO. . . . . . . . . . . . . . erson Ave... .Street; Zoning DY r. . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . : and said parcel is affected by Section(s) .5 t :__ . 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. Special permit applied for to change from one nonconforming use to another Variances from setbacks also applied for to enlarge and refurbish existing structure . Variance may also be needed to change parking requirements Variance applied for to enlarge nonconforming use Special permit applied for to extend nonconforming front setback The Application for Permit was denied by the Inspector of Buildings for the following reasons: : Same as above 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 would like to have the variances granted because after being in business for 9- Years and the buying of new equipment I have out grown the building that I now occupy on Margin St. in Salem. I feel by enlarging and refurbishing the existing building on .this property it would upgrade the property and help me carry my business- on in a professional way. Also, with this new building all my equipment would be on one floor instead of two floors as it is now.With the variance changes it would also change the property . taxes from residential to commercial. Ernie Fratangello. Jr. Owner Owner. ..?'hQmos.J...Bnucber.......... . ..,.... .Address..17 Moody. St. Byfield Teiephone......744:6086.._ Petitioner. Thomas. J. Boucher Address..17• Moody. St.__ _Byfiel........ . .. . Date. . . .Marcl; .24,. 1983. . Telephone. ?44-6086 • -- . . ..... .... .. ... ._ ._.. . . Three copies of the application must be filed with the Sedretary of. the Board of Appeals with a check, for advertising in the amount of... .$53•.55... ... . . . . ..... four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. QIti SSI , t t � r N0. ........ F lh "PETITION TO BOARD OF APPEALS LOCATION !� ................................................. } I 1 PETITIONER.......... ...... !.ADDRESS............................................... ................................................ • y , CONDITIONS I . ............................................... L a ......................................................... N PETITION APPROVED...................r❑ f' DENIED......................... ............:....... 19......... I, HU crf Sakra �t�Sc�L�1TSE�5 TO THE BOARD OF APPEALS: The Undersigned represent that he is are the owners of a certain parcel of land located at No. . . . . ..44. JeffersAn.AYa.. . . . . . . . . . . . . . . .. . . . .. .. . . . .. . .Street; Zoning District. . B.-1 . ; and said parcel is affected by Section(s)..... �2,$. . . ... 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. Special Permit applied for to change from one nonconforming use to another Variances from set backs also applied for to enlarge and refurbish existing structure Variance may also be needed to change parking requirements Variance applied for to enlarge nonconforming use Special permit applied for to extend nonconforming front set back The Application for Permit was denied by the Inspector of Buildings for the following reasons: Same as above 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 would like to have the variances granted because after being in business for 9 years and the buying of new equipment I have out grown the building that I�now occupy on Margin St. in Salem. I feel by enlarging and refurbishing the existing building on this property it would upgrade the property and help me carry my business on in a professional way. Also , with this new building all my equipment would be on one floor instead of two floors as it is now. With the variance changes it would also change the property taxes from residential to commercial. Ernie Fratangello Jr. Owner Owner.Thomas• J. Boucher Address. 17 .Moody St. Byfield Telephone... .7�' =6086. . ... .. . ....... . .... .. Petitioner Thomas .J. Boucher Address.. 17 .Moody St. Byfield Date. . . March 24, 1983 . . 74,4-6086 .... ... .. . ... ' Telephone... By. - . ...._ Three copies of the application must be filed with the Se 'retary of the Board of Appeals with a check, for advertising in the amount of... 53:5 .... . . ... ....... four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. If ;I r, . N0. ................................ PETITION TO BOARD OF APPEALS _; l LOCATION h1 I lP � .... . .... . . .................... ........ G PETITIONER I ADDRESS.................................... r ................................................ I CONDITIONS ................•............ ........................... .. .- ..ur..........uu..ruo.......euu...... 1 _ ....0 ....m.......... ............... ......... :. F .• , - IT •� _ 1• f _ u....... ............................. ................. _ .+ ; PETITION APPROVED ❑ t. r DENIED........ . ......... ❑ I'. .... .., 19......... 1 I . I a, s� "