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33 MASON STREET - ZBA k '33 Mason St. BPD V^ National Lumber, John J. Kaitz C� CnC1— V f i� T (1Litg of Salem, Aussadjusetts Poura of Appeal March 24, 1993 a 3 ' NOTICE IS HEREBY GIVEN THAT AS OF THIS DATE THE DECISION OF THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE CITY CLERK TO GRANT THE PETITION OF NATIONAL LUMBER CO. FOR A SPECIAL PERMIT TO EXTEND A NONCONFORMING STRUCTURE BY CONSTRUCTING AN ADDITION AT 33 MASON STREET. BOARD OF APPEAL BRENDA M. SUMRALL CLERK OF THE BOARD Appeal from this decision, if any, shall be made pursuant to Section 17, of MGL Chapter 40A, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to MGL Chapter 40A. , Section 11, the Variance/Special Permit granted herein shall not take effect until a copy of the decision bearing the certification of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of title. Board of Appeal i (Eli" of _,�iulem, ussadlusetts l BoarA of _A ettl A9 �'� d CITY DECISION ON THE PETITION OF NATIONAL LUMBER CO. FOR A SPECIAL PERMIT AT 33 MASON ST. (BPD) A hearing on this petition was held March 10, 1993 with the following Board Members present: Richard Bencal, Chairman; George Ahmed, Francis Grealish Jr. , Edward Luzinski and Stephen Touchette. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner, owner of the property, is requesting a Special Permit to extend a nonconforming structure by constructing an addition. Property is located in a Business Park Development District (BPD) The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3(j ) , which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Section 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land, structures, and uses, provided, however, that such change, extension, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In more general terms, this Board _s, when reviewing Special permit requests, guided by the rule that a Special Permit request may to 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 Citv's inhabitants. The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1. A retail lumber business has been at this location for many years. 2. The proposed addition would allow petitioner to bring the replacement structure to present day codes. 3. A minimal increase in building size would allow petitioner more area for sale of merchandise and a more efficient mode of operation. d PETITION OF NATIONAL LUMBER CO. FOR A SPECIAL PERMIT AT 33 MASON ST. , SALEM page two On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1. The Special Permit requested can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. 2. The granting of the Special Permit requested will promote the public health, safety, convenience and welfare of the City's inhabitants and may be granted in harmony with the neighborhood. Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Special Permit requested, subject to the following conditions: 1 . Petitioner shall comply with all City and State statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a legal building permit. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. SPECIAL PERMIT GRANTED arch 10. 1993 Richard A. Bencal, Chairman Board of Appeal � U DECISION ON THE PETITION OF NATIONAL LUMBER CO. FOR A SPECIAL PERMIT AT 33 MASON STREET, SALEM page three A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of MGL Chapter 40A. , and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to MGL Chapter 40A. , Section 11, the Special Permit granted herein shall not take effect until a copy of the decision bearing the certification of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal m N _ I r r>v � ^ (Tit of peal gag 55 ' 1 / �//���� . CF DECISION ON THE PETITION OF NATIONAL 'LUMBER CO. FOR A SPECIAL PERMIT AT 32 MASON ST. (DPD) � � A hearing on this petition was held March 10, 1993 with the following Board � Members present: Richard Deucul` Chairman; George Ahmed, Francis Grealinb Jr. , Edward Lnzivabi and Stephen Toncbette. 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 Luma Chapter 40&. Petitioner, owner of the property, �s requesting u Special Perait to extend a nonconforming structure by constructing an addition. Property is located in u Business Park Development District (DPD) The provision of the Salem Zoning Ordinance which is applicable to this request for u Special Permit is Section 5-3(j ) ` which provides as follows: Notwithstanding au?tbiuQ to the contrary appearing in this Ordinance, the Board of A ppeal may, in accordance with the procedure and conditions set � forth in Section 8^6 and 9-4' grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, laud, structures, and uses, � provided, however, that such change, extension, enlargement or expansion � shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. �o more general terms, this Board -a^ when reviewing Special -ermit � requests, guided by the rule that u 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 �obubi�uots � The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: l. A retail lumber business has been at this location for mmo? years. � 2. The proposed addition would allow petitioner to bring the replacement � structure to present day codes. ]. A minimal increase in building size would allow petitioner more area � for sale of merchandise and u more efficient mode of operation. PETITION OF NATIONAL LUMBER CO. FOR A SPECIAL PERMIT AT 33 MASON ST. , SALEM page two On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1. The Special Permit requested can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. 2. The granting of the Special Permit requested will promote the public health, safety, convenience and welfare of the City's inhabitants and may be granted in harmony with the neighborhood. Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Special Permit requested, subject to the following conditions: 1. Petitioner shall comply with all City and State statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4 . Petitioner shall obtain a legal building permit. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. SPECIAL PERMIT GRANTED ^.arch 10, 1993 Richard A. Bencal, Chairman n Board of Appeal c3'1 �n .yy N " S � , DECISION ON THE PETITION OF NATIONAL LUMBER CO. FOR A SPECIAL PERMIT AT 33 MASON STREET, SALEM page three A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of MGL Chapter 40A. , and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to MGL Chapter 40A. , Section 11, the Special Permit granted herein shall not take effect until a copy of the decision bearing the certification of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal T N - z _ � ' � Tit" of � ���T \]� Banrb of AtP°J /-F � DECISION ON THE PETITION OF N&7I80&L LDMB8B CO. FOR A SPECIAL PERMIT AT 22 MASON ST. (BPD) A hearing on this petition was held March lU, 1993 with the following Board � Members present: Richard Deocul, Chairman; George Ahmed, Francis Crealisb jr. , Edward Luoioabi and Stephen Toocbette. 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 Maasucbuaetts General Laws Chapter 40&. Peti1iouer, owner of the property, �s requesting a Special 7ersit -o extend a nonconforming structure by constructing an addition. fcoperty is locuted in u Business Park Development District (BPD) The provision of the Salem Zoning Ordinance which is applicable to this request for u Special Permit is Section 5-3(j ) , which provides us 'fullomo : Notwithstanding anything to the contrary appearing in this Ordinance, the � Board of Appeal may, in accordance with the procedure and conditions set forth in Section 8-6 and 9-4. grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, laud, stroctures, and uses, provided, however, that such change, extension, enlargement or expansion shall not be aubstouciully more detrimental than the existing nonconforming � use to the neighborhood. � �o more general terms, this Board is, when reviewing Special -ecmit requests, guided by the rule that e Special Permit request may be granted upon a finding by the Board that the &cuot of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. 'be Board of Appeal, after careful consideration of the evidence presented � at the hearing, and after viewing the plans, makes the following findings of fact: l. A retail lumber business has been at this location for many years. 2. The proposed addition would allow petitioner to bring the replacement structure to present day codes. 3. A minimal increase in building size would allow petitioner more area for sale of merchandise and o more efficient mode of operation. � ' PETITION OF NATIONAL LUMBER CO. FOR A SPECIAL PERMIT AT 33 MASON ST. , SALEM page two On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1. The Special Permit requested can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. 2. The granting of the Special Permit t re uested will promote the public health, safety, convenience and welfare of the City' s inhabitants and may be granted in harmony with the neighborhood. Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Special Permit requested, subject to the following conditions: 1. Petitioner shall comply with all City and State statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4 . Petitioner shall obtain a legal building permit. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. SPECIAL PERMIT GRANTED "arch 10, 1993 Richard A. Bencal, Chairman Board of Appeal N w - d U DECISION ON THE PETITION OF NATIONAL LUMBER CO. FOR A SPECIAL PERMIT AT 33 MASON STREET, SALEM page three A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of MGL Chapter 40A. , and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to MGL Chapter 40A. , Section 11, the Special Permit granted herein shall not take effect until a copy of the decision bearing the certification of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal Ln N - s — 3 Tr- :y ffitn ofztlem, � t ttssttclrusetts j� Banra of ,Appeal 24 C;T� , DECISION ON THE PETITION OF NATIONAL LUMBER CO. FOR A SPECIAL PERMIT AT 33 MASON ST. (BPD) A hearing on this petition was held March 10, 1993 with the following Board Members present: Richard Bencal, Chairman; George Ahmed, Francis Grealish Jr. , Edward Luzinski and Stephen Touchette. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner, owner of the property, is requesting a Special Permit to extend a nonconforming structure by constructing an addition. Property is located in a Business Park Development District (BPD) The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3(j ) , which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Section 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land, structures, and uses, provided, however, that such change, extension, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. _n more general terms, this Board is, when reviewing Special =ermit 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 Citv' s inhabitants. The Board of Appeal , after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1. A retail lumber business has been at this location for many years. 2. The proposed addition would allow petitioner to bring the replacement structure to present day codes. 3. A minimal increase in building size would allow petitioner more area for sale of merchandise and a more efficient mode of operation. i PETITION OF NATIONAL LUMBER CO. FOR A SPECIAL PERMIT AT 33 MASON ST. , SALEM page two On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1. The Special Permit requested can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. 2. The granting of the Special Permit requested will promote the public health, safety, convenience and welfare of the City's inhabitants and may be granted in harmony with the neighborhood. Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Special Permit requested, subject to the following conditions: 1 . Petitioner shall comply with all City and State statutes, ordinances, codes and regulations. All construction shall be done as per the plans and dimensions submitted. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 5 . Petitioner shall obtain a legal building permit. 5. Exterior finishes of the new construction shall be in harmonv with the existing structure. SPECT T PERMIT GRANTED -arch 10, 1993 2 %. vC u Richard A. Bencal, Chairman Board of Appeal u, d U DECISION ON THE PETITION OF NATIONAL LUMBER CO. FOR A SPECIAL PERMIT AT 33 MASON STREET, SALEM page three A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of MGL Chapter 40A. , and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to MGL Chapter 40A. , Section 11, the Special Permit granted herein shall not take effect until a copy of the decision bearing the certification of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal a� N = r> ! S Q OA TE OF HEARING PETITIONE} Lj/O a LOCATION �_[�Ja C) Pb ilOTION: TO GRANT SECOND TO DENY SECOND TO RE-HEAR SECOND LEAVE TO WITHDRAW SECOND '70 CONTINUE SECOND POLL CALL PRESENT GRANT DENY WITHDRAW RE-HEAR CONTINUE RICHARD =KCAL FRANCIS GREALISH ✓ j EDIAAAD LUZINSKI / STEPHEN TOUCHETTE y ASSOCIATE ',!EMBERS RONALD P!.ANTE ARTHUR LABRECCUE CONDITIONS: / APPEAL CASE NO. . . . . . . . . .. .. .. . . . . . . . . . of p` 2TlPTlT� FT88tTC�li$E t$ `T Poarb of jlppeal TO THE BOARD OF APPEALS: The Undersigned representsthat he is arae the ownerscof a certain parcel of land located at NO. . 33.14"QD.$treet. . . . . . . . . ... . . . . . . . .. . .. .. . . . . . . . . fit; Zoning District. . . . . . BPD. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . x�c#1aextdassash�sc�bm0ec�6ram3�dmt�s}c�0odec . . . . . . . Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A.1 of the Zoning Ordinance. Direct Appeal � Q LU CJ 0 m aw A� N w w w G0 n o The Appli„eatiotr for Permit was denied by the Inspector of Buildings for the following reasons:'-- Direct Appeal r The Undersigned hereby petitions the Board of Appeals .to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to , approve the application fee permit to build as filed; as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially deco- gating from the intent and purpose of the Zoning Ordinance and Building Code for the following reasons: See Schedule A, attached. 71 1 r� m O CO O rrn N n Z to M 3 mcnn (n t+.a Owner. .aohu..l..8aitz. . . . . .. .... . . .. . . .. . ... . . National*Lumber Company, Inc., : Address... .33.�1asau.Stxeet. .Sakem.. MA 01970. : c/o Serafini, Serafini and Darli;,g-- Telephone. . .NM, 1.0212 ,, , ,, , ,,,,, , , (NationalLumber Peti tioner. .34h1i.d, .Wt; .company.,.Snc... . . . .. c/o Serafini, Serafini and Darling Addres5..63.Eederal.St�eet, :Sa1:em,.MA. D197D. Date. February 18; 1993 Te one...5Q&.Z44.QZ1Z . . ..... ... . . . BY tic c. ,. .. . . 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..VMQ : . . . .. . ... . .. ..... +four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. SCHEDULE A The Petitioner is seeking a Special Permit for the extension of a non-conforming structure as shown on the plan filed herewith. The Petitioner has conducted a retail lumber business at the same location for many, many years. In order to facilitate the storage and handling of materials, the existing building needs to be remodeled and upgraded. The dimensions and location of the building will remain approximately the same, with basically the roof and side of the structure being rebuilt, resulting in a slight increase in the size of the building which joins the existing structure, as shown on the plan. The Zoning is BPD Zone and the use is in existence under the original Zoning Ordinance. The increase will not deter from the master plan nor from the spirit and intent of Ordinance, but will merely provide a more efficient way to operate the business. It is submitted that the improvement in the structure is cosmetic in appearance and will be a benefit to the neighborhood. The Petitioner respectfully requests a Special Permit to extend a non-conforming structure so as to permit construction. iAPPEAL CASE NO. .. . . .. .. .. .... .. .... . fluty Elf "ittlem, gassuc4u$e#ts 6T.. , Poarb of �ppral TO THE BOARD OF APPEALS: The Undersigned representsthat he is ar* the owners of a certain parcel of land loca at NO. .33.tMason.Street. .. . . . . . . . . .. . . .. . . . . . . . .. . . . .. .. .. . . . . .6vt; 6e1? Zoning District. . . . . . . . ; �9arodnpe�ec)nciBc ¢7dsgt ��,, , ,,, ,, , ,• , . x�c#.#�exMassas�sa:bt�c�mtec:6em�d�gC,Gpd� Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A. 1 of the Zoning Ordinance. DireEP Appjl i.0 The Application for Permit was denied by the Inspector of Buildings for the following reasons: Direct Appeal The Undersignedhereby 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: See Schedule A, attached. n K m ro �T ' •*i 9 2C Ua 4id Owner. .Toho.J..Saitz. . . . . . . ...... .. .... . . National'Lumber company, Inc..- - Address.. . nc.- -Address.. .33.MascvStreet &a�.emMA oi9j c/o Serafini, Serafini and Dar: Telephone.. . . . ... ........... (National Lumber Petitioner. ,74h�. I, .Ka�.k� .cwaaAjV.,.dsu c/o Serafini, Serafini and Darlir. Address..b3.Eederal.Stzeet> .Sal ern,.MA A197 Date, February. 18, 1993 Te one...SQS.Z44.0ZIZ . By.. . .A- .:.. . . . 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..M.4Q...... . ........... +four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. SCHEDULE A The Petitioner is seeking a Special Permit for the extension of a non-conforming structure as shown on the plan filed herewith. The Petitioner has conducted a retail lumber business at the same location for many, many years. In order to facilitate the storage and handling of materials, the existing building needs to be remodeled and upgraded. The dimensions and location of the building will remain approximately the same, with basically the roof and side of the structure being rebuilt, resulting in a slight increase in the size of the building which joins the existing structure, as shown on the plan. The Zoning is BPD Zone and the use is in existence under the original Zoning Ordinance. The increase will not deter from the master plan nor from the spirit and intent of Ordinance, but will merely provide a more efficient way to operate the business. It is submitted that the improvement in the structure is cosmetic in appearance and will be a benefit to the neighborhood. The Petitioner respectfully requests a Special Permit to extend a non-conforming structure so as to permit construction. iL,dT 83 n ruvN3N oa 9rvia?�r 7 5'N1..5'1X3 SNONNIS T WVITUR rn zB 107 m N N c� CI IAII rviHwaa � �a Scao&q--.� 67 tt ?r,us 1x3 .. 0 SE rt .06'02[ `t i n� M q o OAl Co A.R. \\/y�/\\\Li n j\/)�o' \ dal (/``) fe f f t S ` z• I \ \ \ Y o�I ID op . I \ 1. 1), \ - \ rcj 41 a. p 4 oil �n \f1 :S eu q !I • 1 MA di..';'. I n ....� ..�.i..,...i+d.. �i's`'0I 1 !Lgl�• .,h ii N4 rlf . (.:�':d f d t t ` .. .... ) r 1 yI :. fox i APPEAL CASE NO. .. . . . . . . .. .. .. .. . . . . . . . CHU of 'Sttlem, cfflttssadjusetts ;a Pourb of ( pppr l TO THE BOARD OF APPEALS: The Undersigned representsthat he is wn the owners of a certain parcel of land located at NO. . 33.Masou.Street. . . . . . . . . .. . . . . .. . . . .. . . . . . . . . . . fid; Zoning District. . . .Drp.. . . . . . . . . . : . . .. . . . . . . . . . . . .. . . . . .. . . . . . . . . xm#xRkex�assnsiox�sc3ubmtec�gc�Godec Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A. 1 of the Zoning Ordinance. Dire@ App4I Q , nw M _>w C'V cu•c v� cX1 C)o as I w W The Application for Permit was denied by the Inspector of Buildings for the following reasons: Direct Appeal 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: See Schedule A, attached. � mn m'o ico n rn� c� w a Owner. .Johu.j..uitz. . . . . .. ...... .. . ... . .. . . National Lumber Company, Inc.- - Address...33.�Jas4o.St�eet. .S�.�m., M 01910. . , c/o Serafini, Serafini and Darling" Telephone...�Q8,744;0212 (National Lumber Petitioner. r.Q mAw..Jnr... . . . .. c/o Serafini, Serafini and Darling Address. .63.8edezal.street. .satem,.MA. D1979. Date. February 18, 1993 Te one.. .5Qa.244-QZLZ . . . . . .. . .. .. . . . . . . . gy .!t < , ..... . . . . . Three copies of the application must be filed with the Secretary of the Board of ,lAppeals with a check, for advertising in the amount of. A7MQ . . .... . . . . . .. ..... +four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. SCHEDULE A The Petitioner is seeking a Special Permit for the extension of a non-conforming structure as shown on the plan filed herewith. The Petitioner has conducted a retail lumber business at the same location for many, many years. In order to facilitate the storage and handling of materials, the existing building needs to be remodeled and upgraded. The dimensions and location of the building will remain approximately the same, with basically the roof and side of the structure being rebuilt, resulting in a slight increase in the size of the building which joins the existing structure, as shown on the plan. The Zoning is BPD Zone and the use is in existence under the original Zoning Ordinance. The increase will not deter from the master plan nor from the spirit and intent of Ordinance, but will merely provide a more efficient way to operate the business. It is submitted that the improvement in the structure is cosmetic in appearance and will be a benefit to the neighborhood. The Petitioner respectfully requests a Special Permit to extend a non-conforming structure so as to permit construction. Il/ t WG 4y ro �i \i Vr� I Al 01 �• - �/ R e.' �1 ``� ,� a U�J�� z IT J` I I ` I Y / t i t 'f'S Ikk I a 41It \�11'�`'' ////'''���C'�r� •�r, y01 FI wi IN " \ G l iZU It !I 1+ II n �/, ,,. 911 YL t.. '.cif\ '1 ♦ ,fit , -i I \ I i I elr ,JawN'si� >7ay a,yst ti SIN Ir..nl - tt,t I '! I ii � I ' I V Wla pr•� f' r yyyy'' y is 1C o �` ' 0 0 BOARD OF ASSESSORS CITY HALL PAGE* .......... 2 ........................ .. .. . . ........ 4 '�C 'IFIED—ABUTTER 3 4 5 0 5 SUBJECT PROPERTYs MAP: 26 LOT: 0083 SUFF. 6 6 PROPERTY ADDRESS: 0033 MASON STREET 7 7 �00 lo PAP—LOT—SU PR EWT-Y—ADDRESS SSESSE-D—OWNER A-1-L-1-NG—ADE)RES 13 11 14 0 26 0260 0028 MASON STREET SILVA JOHN M P 8 DUNLAP ST — 5 12 `L-VA—L-UCI.A--M SALEM—MA-0-1 Q 16 13 .26 0259 0030 MASON STREET OKEEFE CHARLES C' 158 BOSTON ST 17 14 OKEEFE TIMOTHY J MIDDLETON MA ,01949'� M ' 15 �2A, n-.;--iA... o 20 ----KELLY—JlI-CH 7 .COLUMBUS. RD . 16 PAMELA D PEABODY MA 01960 17 22 26 0208 0036 MASON STREET 38 EPSTEIN JEFFREY E 36-38 MASON ST '310 18 FQULaS__TH_&jAS H SALEM MA 01970 24 19 -Z 66i� ....... .................. ............. .. ,3 " 25 ............. . 7 ,M" �'MAS'&�',�YkE'Ef �RtAL "I ....... ASiON'jS'T'.Ri�'E'-'E'T'....... ...4,.,�. �� "I,*I'I'll-,I"�"I�,���' BELLEAJR��DR,,.` ...... .......... 26 �"GAL'BEK,S'C6T,, -,TR. ......... ....... .... 20 7 . .... ... ... ....... .. T- EET""........ ........ ilD.XS� MAc;DN,, EE�208FRI, - L"—....... MAS�QNL ST,,,,, 28 22 SWEENEY LAUREEN M SALEM MA 01970 29 23 3 0 26 0087 0041 MASON STREET JONES A JOSEPH A 4 WATERS STREET 31ft 24 CIO MASON TANNING CO SALEM MA 01970 32 Otot 1AL,'ST, 33 ............ ... .....— ..... ............. .. .......... .... . . 34 ........... ... CIO� HEN R.I-.CK,,MFG 'C!.)RP'.'.�.......� SALEM ........ . ... 5 �,00;32.,'�,COMMERCI'AE,'STREET� WFGGIN;�DANIEL, P ...... COMMERCIAL -Sf ! 36 28 C/O HENRICK MFG CORP SALEM MA 019 65L 3 29 3e 26 0081 0027 MASON STREET NORTH SHORE HERITAGE ASSOCIATES INC 64 HOLTEN ST 39 30 DANVERS MA 01923 40 31 26 0082 0029 MASON STREET SIMMONS .WILLIAM J. : 29 MASON STREET 41 32 42 — DEYERMON6 BEATRICE P SALEM MA 01970, 430 33 6 0073 '6669 SOUTH MASON :STREET BAY STATE A—DWE—SIVE I I SOUTH MASON STREET 44 34 SALEM MA 01970 T5 0 35 26 0050 0020 COMMERCIAL STREET JEANNETTE REALTY TRUST 35 HILLSIDE AVENUE 4 40 36 SALEM MA 01 70 48 g 37 ERC AL, STREET SULLfVA,N,, ,'.., MAS',�, T 54 FELT: S .................... ...... 038 ..................... -197, 51 111-1 1........... �n, ...... ............ 39 - 521 40 53 41 54 1510 z 42 56 % ...................... 57 ...§n",2 ..... ..... . 5: 4' 4 5 ,%......... ........ 4 ..... ...... .........% so 46 61 47 62 0 631 48 64 49 :,5 50 67 51 68 52 69 0 53 70 71 54 72 73 3 55 E -T C ARON 156 CHIEF ASSESSOR 75 Z 74 7 7 ll v DECISION ,DN I ;-�r ='_ 7 _/y _ ��LJcu�.it �✓� II�Q \J t._ i _ A hearir!o on this bets J _an wa•=, ld i.'n IW i. rh the =011 �W �� A oArra r�. mbe! 4 ore e Notice ct' the hear in w on., to :zbut : s and othE _ not.tree were. pr(_)peY Lv ^I bli nnen In I ,!A :.c ei[rl ry r i:'_ 'ye1. accordance with M;4ssachusetLs Genera' -;!r;s cib^.. 1='e-t4 ti�(-)nets, are reciu-L—ting a Special L'!-?(T,it i. n or-cer to The provision of the Salem Zoning !._!rdina.nce whi _h is applicable 'to this request .f:or a. Spe-ia'i Permit. i Secti.nl': V-3 (3) 1112M. whish Provides as fal. lo-vas- !`;O�.+J ^< .1 jn':'i.n.•.I qn`✓r"'i1-l. +_n e ,..rf trar`,: .Jrdima -i aq '1=h'-' Board _ iopec 7.-7nr,d a.1'l;-e with tme procerl'l e a.rfy forth in Sec _ion VI % 1-6 and l:z: ar'a.nt Spe-i :.., PPrmi+ = rnr ,:i ! i—ra.tion5 i7;_ nonconf;_rnv. r!c, rtr-I_ rLures,, and for _h=angrt-,s . en.l. arcement . a;:tent. on Or expanc; On O'T nonconforming l -,ts ' land , -:.+ :_!,r =rd use_ , bro'v7.bed . hOWeVer . that cc!_t f-h enlargement expansion -hs,.il mora cetr--mental -hail the exi -_in[.` ,._n C)r-I •;+'1.,711 . ..._ to ''_ne neicnoorhood �. .. ... Tr: . 77 e r r'a..I. i.,�:�rf niter D. :.. ..:. ," rII I__ U Llt✓r __ ..,;De `='c-•r Yui .;_. I'h. I.._i_ nr--a - :dn t. .7 '..;r " ' .i , :_ -..... 1 o thar. ne to .F. eL i r'Itb.l ic: nr•. '. 'rn , '.'=atetv .. ro ven:C"nf J.nhabi ta.nt ,, .... _ ._ .._ The Board of Appeal ,after cone,. derata =,n ot the presented ar 't..he public hearings makes the, followin,_ findings of fact; �° �xpt,7 y.,,4 let h. On ire basis of the above fincima cl fact . smi or tK sunwenre presenten at the hearinc . the Goark of Mpea 7oncludes as follows4 ,44 "U FA "t (,UC an,v,e e Vz -Kerefore Me Board 04 "POEM Varld VQ Special Permit neauested non3ecl.-. 7C k-. !HD conditions', y3 7 i f S t Y , w r t t s NOTES 1. ZONING DISTRICT — BPD — BUSINESS PARK DEVELOPMENT i 2. LOT NUMBERS REFER TO CITY OF SALEM ASSESSOR'S MAP 26. 3. PERCENTAGE OF LOT AREA OCCUPIED BY EXISTING AND PROPOSED BUILDINGS IS 27%. MASON S TREE T t s t 120.30- 33 �— y � 4 ^ i I ' s ot35 z x. 29 Exrsrir�6 PROPOSEL,E a<' F �� FlDDIT;or,1 e SJ f POPT-tUTJ GF QU/LOrPJo - t ii 7""G l3E /?�MOGELED 1 4 TH!S WALL 4 7o REPlAIN r i LOT 84 a ROBERT G. SWEENEY j A--L.O E t i 4 i e O P m ` k i 1 co i A o LOT 82 ; . WILLIAM J. SIMMONSLo F :• Y 9 f }� E 5 7 EXIS Ti AIS /�UIi..Df/.1J i � tp RENFIRJ P i 11 F F E i 1 . f 1 4 S nJ n r A� {� ti t }1 i , i 1 LOT 49 DANIEL P. WIGGIN 3 #3z En i } Y H t i N ? t{Ei i ( C) i I. f S LOT 83 ' AREA = 4B, 1 .161 1056 ACRES ' OR 0147 i t i i i F S 3 LOT 50 JEANETTE REALTY TRUST i i 110.00 ' r r t a i } o I 7 I l Comm A� SI-R Ej PLAN OF LAND f IN SALEM , I PREPARED FOR t I CERTIFY THAT THE BUILDINGS HEREON ARE LOCATED ON T �P�SHc=°^A ` NATIONAL LUMBER CO . f GROUND AS SHOWN. x-o` s �./ GAIL <>n SCALE I " = 20 ' JANUARY 25, 1993 i l____-- — "- _________________ NORTH SHORE SURVEY CORP. DATE REG. PROFESSIONAL LAND SURVEYOR $a �4J 33v �9 �f 209 WASHINGTON ST., SALEM, MA. ° Fss, roe r v 7 � r i I `3y i } i r. NOTES 1. ZONING DISTRICT — BPD — BUSINESS PARK DEVELOPMENT i 2. LOT NUMBERS REFER TO CITY OF SALEM ASSESSOR'S MAP 26. 3. PERCENTAGE OF LOT AREA OCCUPIED BY EXISTING AND PROPOSED BUILDINGS IS 27%. MASON STREET j } i � X r 1 f i E # ?3 120.30 ' iT T i ,0 e r a X35 - # 6UA2D ryl gDplrrviV I I i 6 sJ I " ' POR''EG fJ GF QU/LL�IfJ t� _ f rc r3e REMooELEb TN tS U)ALL TU REMAIN! LOT 84 ROBERT G. SWEENEY .rz.0 s ru CD r i t i 0 � m h 1 N .. 14 WILLIAMO J. 87MMONS Lorn f j t EXIST7A(Fa (iulLDtniG � tG RENAlN + ¢6 iii f 2; Y i t f t y m n 4 n l j k LOT 49 i DANIEL P. WIGGIN E s #32 B � + N i } ( O Y r f J t i I I LOT 83 } I cn AREA = 48, 161 1056 ACRES OR z cn e 4 Yr i t t f i t f JEANET EOREALTY TRUST . 1 110.00, # E r { t COMNj ERC TR EET PLAN OF LAND IN SALEM PREPARED FOR I CERTIFY THAT THE BUILDINGS HEREON ARE LOCATED ON THE �P`ttiaFlenssa NATIONAL LUMBER CO . c GROUND AS SHOWN. GAIL `F SCALE 1 ° = 20 ' JANUARY 25, 1993 o" ckBITH NORTH SHORE SURVEY CORP. „ T " DATE REG. PROFESSIONAL LAND SURVEYOR <,4 ou^ GrsTEr�`�n�`";' 209 WASHINGTON ST., SALEM, MA. i r�`+e=xw-•i'O' i � f t 3 j { a i 3 (? F i i t k 7 ri i F i NOTES 1 . ZONING DISTRICT — BPD — BUSINESS PARK DEVELOPMENT k a 2. LOT NUMBERS REFER TO CITY OF SALEM ASSESSOR'S MAP 26. i 3. PERCENTAGE OF LOT AREA OCCUPIED BY EXISTING AND PROPOSED BUILDINGS IS 27%. MASON STREET EET Y P� 3 120.30' 33 i T d X35 s 2 8.0 . � txisrlr�6 F{r�JSE . hi FlD�t;toy F 5j t r (oRrtGrJ oF- 13014-0lrJ6 {{ ro /3E P?E^looCLEU b TN{5 t,WRLL Tc REMAIN e LOT 84 r ROBERT G. SWEENEY 3 A. z.o E 1 { d m i t i.� N .o j a t r 7 3 N d s A o LOT 82 WILLIAM J. SIMMONS `• to �. rn 9 f ; t s s s s EXISTiASC-� /3ui�Dtr�6 � tp REriFlrrJ e t ry 8 i I s I 1 f 4 s f fy t � m n i iY Y L i Y f LOT 49 ' DANIEL P. WIGGIN #.3 3 ' Y i S N � N F 1 3 t I I t f LOT B3 AREA = 48, 161 +/— SO. FT. OR 1 . 1056 ACRES i f LOT 50 JEANETTE REALTY TRUST t vi t 110 0p, t t f 4 a S Y 1 , i f Q / /lJ i j O MME,gclq � S rREET PLAN OF LAND 3 I 3� 1 IN I SALEM s PREPARED FOR S I I CERTIFY THAT THE BUILDINGS HEREON ARE LOCATED 0 -a.. NATIONAL LUMBER Co . GROUND AS SHOWN. A SCALE 1 " = 20 ' JANUARY 25, 1993 -- --- 1--------- J —= ------------ F DATE Y COPP. REG. PROFESSIONAL LAND SURVEYOR � �.� G 209NWASHINGTON ST.,ORTH SHRE SALEM, MA. _;.3Q