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PAMELA ZERBER /
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DECISION OF THE PETITION OF PAMELA ZERBER REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 132 NORTH STREET (B-I)
A hearing on this petition was held September 11 ,1996 and continued again
until October 16, 1996 with the following Board members present: Gary
Barrett, Chairman, Nina Cohen, Richard Dionne, Joseph Ywuc and Paul
Valaskatgis. 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, requests a Variance to expand a non conforming structure to add
a dormer for the property located at 132 North Street (B-I) .
The Variance which has been requested may be granted upon a finding of this
Board that:
1. Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land, buildings, or structures in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. Desirable relief Way be granted without substantial detriment to the
public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1 . Petitioner seeks a variance in order to construct a dormer on the third
floor of a non-conforming structure in as much as the existing
structure does not meet current setback requirements.
2. Petitioner indicated the use of the building as a Tanning Salon and
gift shop.
3. The proposed dormer would provide a means of egress from the third
floor.
4. Peter Kovtvakis, owner of Peter's Bait & Tackle Shop, of North St. , and
a resident of 1 Randall St. spoke in favor of the petition. He
expressed his belief that the proposed project would improve the
neighborhood.
5. Joseph Capolla, 143 North St. owner of Lena's Sub shop and a direct
abutter spoke in favor of the petition. He indicated that the proposed
project would improve the neighborhood.
6. Nina Buba, 130 1/2 North St. , a direct abutter expressed her concerns
about the proposed project at the initial hearing before the Board
through her attorney Charles Goddard.
7. Petitioner represented the closing hours for the proposed business
would be 9:00 p.m.
8. The matter was continued for a second hearing in order to allow the
petitioner to meet and discuss the proposed project with Mrs.
Buba, the direct abutter.
9. At the continued hearing, by letter Charles Goddard, Esq. representing
DECISION OF THE PETITION OF PAMELA ZERBER REO_UESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 132 NORTH STREET (B-1)
page two
the direct abutter, Mrs. Buba, indicated that his client and the
petitioner had related agreements relative to her concerns and
that she was in favor to the petition.
10. Jim Fleming, 47 Buffum St. expressed concerns that the subject property
was in past a residential zone and further expressed concerns about
converting a residential property to Business Use in speaking in
opposition to the petition.
11 . Ward 6 Councillor Sally Hayes expressed her opposition to the petition
raising questions about the proposed use of the property as a tanning
salon and requested an administrative appeal.
12. The Board advised Councillor Hayes that a request for an administrative
ruling was not properly before the Board as a result of a failure to
comply with the proper administrative filing requirements. At the
continued hearing a proper request for an administrative ruling had
still not been filed.
13. The existing non-conforming structure is located at the rear of the
lot and side lot lines.
14 . Petitioners have done extensive restoration work for the property.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property
and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
3 . Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant
the variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statures, ordinances,
codes and regulations.
2. All construction shall be done as per plans and dimensions which are to
be certified, submitted to and approved by the Building Inspector.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4. A Certificate of Occupancy is to be obtained.
5. A Certificate of Inspection is to be obtained.
6. Petitioner shall obtain a building permit prior to beginning any
construction.
7. Petitioner is to obtain approval from any City Board or Commission
5
DECISION OF THE PETITION OF PAMELA ZERBER REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 132 NORTH STREET (B-1)
page three
having jurisdiction including, but not limited to the Planning Board,
particularly with respect to approval of signage.
8. Exterior finishes of the new construction shall be in harmony with the
existing structure.
9. Terms and conditions of Mr. Goddard letter dated September 26, 1996
and initialed by the Petitioner are incorporated herein by reference
as conditions of this decision.
Variance Granted
October 16,1996 � �/. ��,qpv l\)
Gary Barrett, Chairman
Board of Appeal
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
the Massachusetts General Laws 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 Massachusetts General Laws Chapter 40A, Section 11, the
Variance or 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
GODDARD, SCUTERI & DELANEY
ATTORNEYS AT LAW
27 CONGRESS STREET
SALEM,MASSACHUSETTS 01970
CHARLES W.GODDARD TELEPHONE(508)7456200
JEFFREY T.SCUTERI TELECOPIER(508)741-2368
THOMASI.DELANEY
September 26, 1996
Pamela Zerber
132 North Street
Salem, MA 01970
RE: Nina Buba
Dear Ms. Zerber:
Pursuant to our telephone conversation on September 25, 1996 I am writing this
letter to you with the hope that it contains the understanding reached between us on this
date.
In return for Mrs. Buba withdrawing her opposition to your request for a special
permit for construction of the back exit ramp and for her waiving any claims that the
building inspector may have improperly granted you a permit to conduct your businesses
at the 132 North Street location. You have agreed to the following.
1. You will not erect a wooden fence along the property line separating your
property from Mrs. Buba's.
2. You will construct a hot top berm along the edge of the parking lot and near
her chain link fence to keep water from flowing from the parking lot onto
her real estate and secondarily to prevent motor vehicles that will parking in
the parking lot from hitting her chain link fence.
3. You have offered to snow plow her parking space in the winter time on an
as needed basis, plowing it whenever your parking lot itself is plowed for
the period of one year and to be negotiated hereafter.
4. The lighting for the parking lot will be accomplished by way of spot lights
attached to the main building, which lights will be aimed in such a fashion
that they will not shine on or into Mrs. Buba's house.
5. You will make all attempts to keep the noise level emanating from 132
North Street at levels that will not cause an annoyance to Mrs. Buba.
6. You will provide screening around all trash receptacles and trash storage
areas on the side of your building closest to Mrs. Buba's house.
Page 2
RE: Buba GODDARD, SCUTERI & DELANEy
September 27, 1996
7. Mrs. Buba will retain the parking space that she upon your real estate
but that you will pave it at your own cost and reserve that space for either
Mrs. Buba or her designee as it has been done in the past.
I hope this meets with your understanding of our agreement and if it does, would
you keep the original and initial a copy of this letter and return to me in order that I might
in turn give it to Mrs. Buba. If in fact this does not meet with or there are additions or
corrections, kindly let me know what they are and I am sure we will able to reach an
amicable agreement.
Very truly yours,
Charles W. Goddard
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Enclosure �«
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EXTERIOR
ROOFINCa MATERIALS SHALL BE AS FOLLOWS:
\�I Q��DJSt217��O��I Li ROOF SHINGLES SHALL BE'CAMBRIDGE'AS MANUFACTURED BY IKO AND SHALL BE c\ Sq
� — - — FIBERGLASS ASPHALT LAMINATED AND SHALL HAVE A TWENTY-FIVE (25)YEAR.
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— - C 1 /%�it �(/f � MANUFACTURER'S GUARANTEE PROVIDED TO THE OWNER. SHINGLES SHALL BE o e
- � OVER'S{HINGLEMENT' UNDERLAYMENT AS MANUFACTURED BY GAF.
EXTERIOR DECK RE.PviPFRONT PORCH „.:D STAIF',fdAY 's m
SHALL HAVE TREADS, DECKING, STRINGERS, RISERS, RAILS,BALLUSTERS AND ALL
OTHER COMPONENTS OF PRESSURE TREATED SOUTHERN YELLOW PINE LUMBER COIR
AND SHALL BE LEFT UNPAINTED. ALL PRESSURE TREATED LUMBER SHALL HAVE A
FORTY(40)YEAR GUARANTEE AGAINST ROT. DECKING AND TREADS SHALL BE 5/4
(FIVE QUARTER) DECKING.
• — yTA��-_ aNQI�iG . ' SIDING,
SIDING MATERIALS SHALL BE 1/2'X 6-WESTERN RED CEDAR CLAPBOARDS WITH
MATERIALS
TEXTURED SURFACE FINISH. CLAPBOARDS SHALL BE SET OVER AN AIR INFILTRATION
• i BARRIER SIMILAR OR EQUAL TO TYVEK. ALL SIDING SHALL BE PAINTED WITH ONE
COAT TIWTED PRIMER AND ONE COAT FINISH,AND SHALL BE AS MANUFACTURED BY Z
BENJAMIN MOORE PAINT.CO.,CALIFORNIA PAINT CO., OR AN APPROVED EQUAL Q
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RIM SHALL BE EASTERN WHITE PINE NUMBER 2 OR BETTER GRADE. ALL KNOTS m n W
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PAINT MATERIALS. ALL TRIM SHALL BE PAINTED WITH ONE COAT PRIMER AND ONE
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MANUFACTURED Y BENJAMIN MOORE PAINT CO , CALIFORNIAAI R w O < m
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WINDOWS SHALL BE CASEMENT, DOUBLE-HUNG, OR SPECIAL SHAPES AS LOCATED n i j
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M T _ ON THE DRAWINGS AS APPLICABLE. WINDOWS SHALL BE AS MANUFACTURED BY W n -
RIVERSIIDE M14WORK COMPANY OR APPROVED EQUAL BY THE ARCHITECT. ALL m I
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- WINDOWS SHALL HAVE 5/6" INSULATING GLASS AND FULL SCREENS. DOUBLE-HUNG � U z
WINDOWS SHALL HAVE THE RIVCO"TILT/TAKEOUT" FEATURE. ALL WINDOWS SHALL W F v
BE PAINITED WITH ONE COAT PRIMER AND ONE COAT FINISH PAINT. PAINT SHALL BE
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OIL-BASLE ENAMEL AND SHALL BE AS MANUFACTURED BY BENJAMIN MOORE PAINT m
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.� CO., CALIFORNIA PAINT CO.,OR A PRODUCT OF EQUAL MANUFACTURE APPROVED BY I
THE ARCHITECT. i
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EXTERIOR ENTRANCE DOORS SHALL BE STEEL MOLDED, INSULATED DOORS AS
MANUFACTURED BY BENCHMARK DOOR CO.,AND SHALL HAVE INTEGRAL METAL18
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THRESLDS.ALL MATCH O DEA BOLT ET172 LOCKSETS SHALL BE SCHLAGE LOCKSET WITH !
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L ALL DOORS SHALL BE PAINTED WITH ONE COAT PRIMER AND ONE COAT FINISH
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-- PAINT. (PAINT SHALL BE OIL-BASE ENAMEL AND SHALL BE AS MANUFACTURED BY
BENJAMIN MOORE PAINT CO., CALIFORNIA PAINT CO., OR AN APPROVED EQUAL I !
PRODUCT.
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