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25 PEABODY STREET - ZBA 25 Peabody St. (I) i Mass. Electric Co. -fie `r ftlit of ttlem assac4usetto �nttra of (tAmuI l '83 OCT i2 P3 :1 ? DECISION ON THE PETITION OF MASSACHUSETTS ELECTRIC COMPANY CITY C; =t.L•.,J 'IF- FOR FOR A VARIANCE FOR LAND LOCATED OFF PEABODY AND CONGRESS STREETSgy_t _^ ICE A hearing on this petition was held on September 28, 1983 with the following Board Members present: James Hacker, Chairman, Messrs., Charnas, Hopper, Luzinski and Piemonte. ' Notice of said hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts Generals Chapter 40A. Petitioner requests .a Variance to allow the lease of the premises for use as a parking lot in the Industrial district. The Board of Appeal, after consideration of the evidence presented at the public hearing, and after viewing the plans, makes the following findings of fact: 1 . Vigorous opposition to petitioner's plan was voiced by neighbors; 2. Petitioner has failed to prove that a literal enforcement of the provisions of the Zoning Ordinance will work a substantial hardship, upon petitioner; 3. . A contiguous parking lot owned and/or operated by petitioner's lessee (the sa�ie-lessee which will operate the proposed parking lot) is a major source of neighborhood problems including excessive noise, public drunkenness and leud and lascivious behavior; 4. Neither petitioner nor its lessee are willing to police the proposed _ parking lot any better than the existing lot is policed. On the basis of the above findings of fact, and on the evidence presented at the public hearing, the Board of Appeal concludes as follows: 1 . A literal enforcement of the provisions of. the Zoning Ordinance would not involve substantial hardship, financial or otherwise to the petitioner; 2. The Variance requested may not be granted without substantial detriment to the public good. Therefore, the Zoning Board of Appeal voted unanimously to deny the petitioner's requested Variance. APPEAL FRC%! THIS DECLS'r]il, IF ANY. SHALL DE MACE PURSUANT TO SECTION 17 CF-THE FAASS. ' GENERAL L";:1S. CPP?.F._'n_808. Af:D EH'.LI_ DE FILED :VITHIN 20 DAYS AFTER THE DATE OF FILINGOF T5a D-CiS'O.'I 6d THE OFnCE OF THE CITY CLERK. 3)5. It, THE 4A',It.\.1 ,^.° 1-1. 1111VII P RMIT. 21c - RE=_._ _ -O ESS R-'_ISiR' CF DEEDS AND LAc,::D J Dc u.EGtF�rHE B'AF�r'enas, Acting Secretary OF RECCR OR YS RECORDED AND NOTED ON 1HE UVINER S CERTIFICATE OF TITLE. A COPY OF THIS DECISION HAS BEENTiLEW ffYY THE PLANNING BOARD AND THE CITY CLERK 4 A petition to stop Massachusetts Electric Company from leasing a portion of their land on Peabody street to Pickering Wharf for additional Parking. Reasons, The area which is now used for parking by Pickering Wharf - is dirty - not enough lighting - excessive noise - groups of people roam the neighborhood, urinating in public and fighting 6dl alll� « i. L� A petition to stop Massachusetts Electric Company from leasing a portion of their land on Peabody Street to Pickering Wharf for additional Parking.. Reasons, The area which is now used for parking by Pickering Wharf - is dirty - not enough lighting - excessive noise - groups of people roam the neighborhood, urinating in public and fighting ►el '� Jf� ® 11 r A petition to stop Massachusetts Electric Company from leasing a portion of their land on Peabody Street to Pickering Wharf for additional Parking. Reasons, The area which is now used for parking by Pickering Wharf , - is dirty - not enough lighting - excessive noise - groups of people roam the neighborhood, urinating in public and fighting L(�/w w C YYL r A petition to stop Massachusetts Electric Company from leasing a portion of their land on Peabody Street to Pickering Wharf for additional Parking. Reasons, The area which is now used for parking by Pickering Wharf - is dirty - not enough lighting - excessive noise - groups of people roam the neighborhood, urinating in public and fighting �1 . 6-� +F- if 6 tin P, u I . 0 a,r�1, ,S � 04-f . Ass 5EP 21 8 55 W '�3 RECEIVED 1� 0F SALEM04ASS. �, P (lit II �TSSFIC L1SP8 BOAR9 OF A �N � Offire of the (9itV (gaundl 28 12 57 PH 'UJ v Pull WARD COUNCILLORS STEPHEN P. LOVELY 1983 COUNCILLORS-AT-LARGE 'RECEIVED PRESIDENT 7983 ClIT I 'OF SALE GEORGE A. NOWAK JGSt INE R. FUSCO JOHN F. NESTOR. III JOSEPH M. CENTORINO CITY CLERK STEPHEN P. LOVELY JOHN J. GIAR DI FRANCES J. GRACE JEAN-GUY J. MARTINEAU BRIAN T. O'KEEFE JAMES M. FLEMING JEAN MARIE ROCHNA JOHN R. NUTTING September 28, 1983 Mr. James Hacker, Chairman Board of Appeals One Salem Green Salem, MA 01970 Dear Mr. Hacker: I am opposed to the petition submitted to your board by Massachusetts Electric Company requesting to use a portion of their land on Peabody Street for offstreet parking. This additional parking will encroach on a residential neighborhood causing disturbance to the residents who are already burdened with the noise, litter-and immoral happenings with the existing parking lot. Very truly yours,, �%F(�ANCEu14ACIE'"C 4/ Councillor of BOAR int, Cf assac4usetto ��f1iCED{ thr atu (foundt y{,1' Zll C. 215 *� � WARD COUNCILLORS STEPHEN P. LOVELY 7983 COUNCILLORS-AT-LARGE RECt1VED PRESIDENT 1983 CITY OF SALEtF39GEORGE A. NOWAK INE R. FUSCO JOHN F. NESTOR, III JOSEPH M. CENTORINO CITY CLERK STEPHEN P. LOVELY JOHN J. GIARDI FRANCES J. GRACE JEAN-GUY J. MARTINEAU BRIAN T. O'KEEFE JAMES M. FLEMING JEAN MARIE ROCHNA JOHN R. NUTTING September 28, 1983 Mr. James Hacker, Chairman Board of Appeals One Salem Green Salem, MA 01970 Dear Mr. Hacker: I like to go on record as being opposed to the petition of Massachusetts Electric Company to use a portion of their land on Peabody Street as offstreet parking. The granting of this variance would be_a- definite detriment to- the. . res.i.dents of _thi.s,area.who are already forced to endure the many problems involved with the existing parking lot. I thank you for your consideration. Aery tyyly yo s OSEPH M. CE OR NO ouncillor r BOARD OF APPEALS' SEP Z8 !Z 57 PI-I '83 RECEIVED September 27, 1983 CITY OF SALEM,MASS. Members of the Board of Appeal One Salem Green Salem, MA 01970 1 would like the following letter to be recorded and placed on file with the Board of Appeals Dear Members of the Board of Appeal : I am opposed to the petition submitted to you by Massachusetts Electric Co. requesting to use a portion of their land on Peabody Streets as offstreet parking. for the following reasons: the neighborhood is over populated with children this would cause more traffic than desired, which would jeopardize their safety. the existing lot at the corner of Peabody Street and Congress Street has been nothing but a nusiance for the past few years. This lot is responsible for over 80% of the noise at night. People urinating in public day and evening screeching cars going in and coming out of the lot breaking of glass and bottles at all hours people performing sexual acts day and evening excessive screaming and yelling after bars close these complaints have been called into the police department but because they are on private land they cannot do anything. I AM SURE YOU OR YOUR CHILDREN WOULD NOT LIKE TO BE SUBJECTED TO THIS TYPE OF ABUSE. The neighborhood is up and coming, even though most, people consider it second rate, well were not and we expect to be treated�'_s other areas in the City of Salem. The granting of, this variance would probably devaluate our property and we are all taxpayers and voters in this city. Thank you for your time. Very truly yours, BOARD OF APPEALSi- SEP 28 1 20 PH '63 RECEIVED September 27, 1983 CITY OF SALEM,MASS. Members of the Board of Appeal One Salem Green Salem, MA 01970 1 would like the following letter to be recorded and placed on file with the Board of Appeals Dear Members of the Board of Appeal : I am opposed to the petition submitted to you by Massachusetts Electric Co. requesting to use a portion .of their land on Peabody Streets as offstreet parking. for the following reasons: the neighborhood is over populated with children this would cause more traffic than desired, which would jeopardize their safety. the existing lot at the corner of Peabody Street and Congress Street has been nothing but a nusiance for the past few years. This lot is responsible for over 80% of the noise at night. People urinating in public day and evening screeching cars going in and coming out of the lot breaking of glass and bottles at all hours people performing sexual acts day and evening excessive screaming and yelling after bars close these complaints have been called into the police department but because they are on private land they cannot do anything. I AM SURE YOU OR YOUR CHILDREN WOULD NOT LIKE TO BE SUBJECTED TO THIS TYPE OF ABUSE. The neighborhood is up and coming, even though most- people consider it second rate, well were not and we expect to be treatedc. ,s other areas in the City of Salem. The granting of this variance would probably devaluate our property and we are all taxpayers and voters in this city. Thank you for your time. Very truly yours/, �oAro OF APPEALS 57 RECEJ'if-D September 27, 1983 CITY OF S�i_EN,pRA55. Members of the Board of Appeal One Salem Green Salem, MA 01970 I would like the following letter to be recorded and placed on file with the Board of Appeals Dear Members of the Board of Appeal : I am opposed to the petition submitted to you by Massachusetts Electric Co. requesting to use a portion of their land on Peabody Streets as offstreet parking. for the following reasons: the neighborhood is over populated with children this would cause more traffic than desired, which would jeopardize their safety. the existing lot at the corner of Pe.-:body Street and Congress Street has been nothing but a nusiance for the past few years. This lot is responsible for over 80% of the noise at night. People urinating in public day and evening screeching cars going in and coming out of the lot breaking of glass and bottles at all hours people performing sexual acts day and evening excessive screaming and yelling after bars close these complaints have been called into the police department but because they are on private land they cannot do anything. I AM SURE YOU OR YOUR CHILDREN WOULD NOT LIKE TO BE SUBJECTED TO THIS TYPE OF ABUSE. The neighborhood is up and coming, even though most. people consider it second rate, well were not and we expect to be treated .,3.s other areas in the City of Salem. The granting of this variance would probably devaluate our property and we. are all taxpayers and voters in this city. Thank you for your time. Very truly yours, ooh ln�Ec - bo� �oo� Zk�-\o �.. .. �c ;,� CL,� BOARD OF'APPE•ALS! SEP 38 W13 56 Peabody Street RECEIVED CITY OF SALEM,MASS. Salem, MA 01970 Members of the Board 'of Appeal One Salem Green Salem, Massachusetts I :would like the following letter to be recorded and placed on file with the Board of Appeals Dear Members of the Board; This is to inform you that I am in objection to a request by Massachusetts Electric Company-to use their land on Peabody Street for Offstreet parking, Reasons Being: 1) My neighborhood is over populated with children this would cause more traffic -, than desired, which would jeopardize their safety. 2) The existing lot at the corner of Peabody Street and Congress streets has its fair share of problems which cause over 80% of the noise in my area.by a) people urinating in public day and evening b) screeching cars going in and coming out of the lot c) breaking of glass and bottles at all hours d) people performing sexual acts day and evening e) excessive screaming and yelling after bars close I AMP-SURE..YOU YOR YOUR CHILDREN WOULD .NOT;LIKE TO BE SUBJECT TO THIS TYPE OF ABUSE. My neighborhood is on an upward swing, because it is considered by others as second rate the people who live their are not and we expect to be treated as other areas in the City of Salem are. The granting of this variance would probably devaluate our property and we are all taxpayers--and voters in this city. Thank you for your time and consideration. Pul you s A Y. DDI P.S. This would not alleviate our parking problem if we have to we will ask our-Councillor to institute resident parking in-our area and all other cars will be subject to tow i I; c;; ', • PoJPr01 c.Y•1 74 I i p2O ,Nc, nA , l , �p y Al r N � K • Q �I �.fit �c0 x fz- % D Ir7c ... B RT cyGN��i W N 7 O GISTS �Q �:• U SU e ` N PLO PL 4h) OF L4n1D _ SALF- M Com^' Lam'' q 9?3 } ' Scn/a ; sZ4 / mune 8, 1/ .Su2VEs� StevJc�, L . . ,cede ! ,t . Com�iled frVM kiC17mic.l Dc n os m2n�1 f� co v an�I _ 14- +o .StlrVe}r. lr° � y Ng .32 X27 /OZ /v