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38 PRINCE STREET - ZBA _ v PRINCE STREET MILDRED ESPINAL L/ v Legal Notide CITY OF SALEM BOARD OF APPEAL F� 745-9595 EXT.381 R Will hold a public hearing for all b' persons interested in the petition sub- U mitted by MILDRED ESPINAL d requesting a Special Permit to operate a transportation business from an R-3 g` zone for the property located at 38 PRINCE STREET (R-3).Said hearing to be held WEDNESDAY, OCTOBER 15, 1997 AT 6:30 P.M.,ONE SALEM - GREEN,2nd Floor. - -- • Gary Barrett,Chairman ` (10/1,10/8/97) tMipP - - (91ty of Salrm, ttsstttllusetts ja4, s PnttrD of , peal DECISION ON THE PETITION OF MILDRED ESPINAL REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 38 PRINCE STREET (R-3) A hearing on this petition was held February 18, 1998 with the following Board Members present: Nina Cohen, Richard Dionne, Albert Hill and Paul Valaskagis. 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 is requesting a Special Permit to operate a Transportation business from a R-3 Zone at the property located at 38 Prince Street. 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 Sections 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 is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. The Board of Appeal, after careful consideration of the evidence presented at the hearing and after viewing the plans, makes the following findings of fact: 1 . Petitioner sought a Special Permit to allow her to operate a taxi company at 38 Prince Street, which is in an R-3 district. Licensing for such a business previously had been issued by applicable authorities within the City of Salem. 2 . Petitioner has operated the business since March 1997 from her home at 38 Prince St. with one full time employee (she herself works part-time) . and four (4) drivers. 3 . On behalf of the business,petitioner has leased 2 parking spaces in a lot across the street;in addition, the business uses one space on site and two spaces on the street for overnight parking for company vehicles. 301340 S.`JyJ10 SSVH 'HJIVS JO .t113 as, DECISION ON THE PETITION OF MILDRED ESPINAL REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 38 PRINCE STREET R-3 page two 3. On behalf of the business, petitioner has leased 2 parking spaces in a lot across the street;in addition, the business uses one space on site and two spaces on the street for overnight parking for company vehicles. 4 . Petitioner has strong community support for the business, which is relied on by non-English speaking Salem residents for urgently- needed transportation to work, school and medical appointments. Petitioner submitted a petition in support of the business signed by 78 residents. 5. Petitioner also received the support of the following people who either attended the meeting or sent letters: Jorge Guerrero, Esther Marmolejo, 52 Dow St, Luis Fernandez, Rainbow Tr. , Richard Santana, 23 Beaver St. , Erminia Ventura, of 23 Beaver St. , Carlo Taveras, 17 Leavitt St, Martha Gomez, 52 Dow St. , Scott Calber of the Neighborhood Improvement Association, and Jim Haskel of the Salem Harbor CDC. 6. Opposition to the proposed petition centered on the very difficult on street parking conditions on and around the property, and was submitted by Ed Holden, of 48-50 Prince St . , U. Rodriguex, 43 Prince St. , Marie Rodriguez,40 Prince St. , Jerry Lee, 43 Prince St . ,Claire Chalifour, 40 Prince St . , Jean Martin of the Point Neighborhood Action Group, and Pablo Valdez, 39 Prince St. 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 cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the ordinance. = . The granting of the Special Permit requested will not be in harmonv with the neighborhood and will not promote the public health, safety,convenience and welfare of the City's inhabitants . Therefore, the Zoning Board of Appeal voted 0 in favor, and 4 in opposition to the motion to grant the relief requested. Having failed to garner the four affirmative votes required to pass, the motion to grant fails and the petition for a Special Permit is denied. SPECIAL PERMIT DENIED // //� /[n_ February 18, 1998 /' v�(/JZG� l C✓U ( CSC) Nina Cohen, Vice Chairman Member, Board of Appeal 301JJO SIvi1310 SSVH 'HJ1VS JO 1113 66, DECISION OF THE PETITION OF MILDRED ESPINAL REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 38 PRINCE STREET 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 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 or 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 3)1,110 S,'Ay310 SSdW 'Nj11a 10 Alt9 8b, 01 �l 91A DATE OF HEARING / ✓ PETITIONER r - / LOCATION ,r P MOTION: TO ))GRANT SECOND AMENDMENT SECOND TO DENY SECOND TO RE-HEAR SECOND WITHDRAW SECOND CONTINUE SECOND ROLL CALL PRESENT GRANT DENY AMEND WITHDRAW RE-HEAR CONTINUE GARY M. BARRETT ALBERT C. HILL JOSEPH YWUC - NINA V. COHEN RICHARD DIONNF ASSOCIATE MEMBERS ARTHUR LEBRECQUE PAUL VALASKATGIS CONDITIONS: �� D i CITY OF SALEM - MASSACHUSETTS WILLIAM J.LUNDREGAN Legal Department JOHN D. KEENAN City Solicitor 93 Washington Street Assistant City Solicitor 81 Washington Street SalemMassachusetts 01970 15 Church Street , Tel:978-741-3888 Tel:978-744-8500 Fax:978-741-8110 Fax:978-744-0111 January 28, 1998 Nina Cohen Vice Chairman Zoning Board of Appeals 22 Chestnut Street Salem, MA 01970 Re: Request for Zoning Board of Appeals regarding petition of Mildred Espinal, 38 Prince Street, Salem, MA for a special permit to operate a transportation business from her apartment located in an R-3 District . Members of Salem Board of Appeals : I furnish this opinion to you in response to your written request regarding the above referenced petition. I have examined the Salem Zoning Ordinance; specifically the uses and special permit uses allowed in R3 District under Article V along with Section 9-4 regarding issuance of special permits . Permitted uses in RC District are residential only. The Special Permit Uses for R3 Districts do not authorize the use of a dwelling for the operation of transportation business . Only the specific uses specified in Article V (d) are allowed by special permit. Therefore it is my opinion that the sections 5-3 and 9-4 of the Zoning Ordinance does not authorize the Board of Appeals to issue a special permit for the use of a taxicab business operating in an individuals home within an R-3 District. If you have any questions with reference to this matter, please do not hesitate to call me. Very truly yours, J'e'414e WILLIAM J. LUNDREG WJL/amc MARY RODRIGUEZ 40 Prince St. Salem, Me 01970 January 25, 1998 GARRY BARRETT, CHAIRMAN CITY OF SALEM BOARD OF APPEALS SALEM, MA 01970 Dear Mr.Barrett, I live at 40 Prince Street, next door to 38 Prince Street, where Mildred's Transportation is located. My concern is with their parking their car in the driveway, most of the time they park their car whereas to block the sidewalk. I have two small children and I am concerned that when they want to walk on the sidewalk, they would have to go on the street to go around their car. I am not only concerned with my children, but the other children that live on the street, who have to walk to the bus stop or walk back home. Sincerely, IMa Rod iguez i September 24, 1997 Mildred's Trasportation 38 Prince Street Salem, MA 01970 To All Under signer: This form that you will be signing is to support Mildred's Transportation Company in which must of you know, is located in an residence area located at 38 Prince Street 41 Salem. By signing you agree that this business can continue to operate at this location. Thank You For Your Support and Appreciation Sincerely, /--fP"'�� Mildred Espinal Owner for Mildred's Transportation NAME ADDRESS PHONE# o al st s-`/Ell fig ____---- o' 146V12 Or IV �o 34 P&I #4 �1 pI:an 3 �. ail • I NAME ADDRESS PHONE# .,,e'2 z/-;z Zy-1/-1611q- Qcf� e9aw�o1? r - gnc ( 5Co 600 e (� /fat-JKS ;-7?-r� '9 0 1 FSG r{3 a On tya t ` e NAME /' ADDRESS PHONE# ( 32 C Esq r y Pi MPmTo ( 59 J'Aac)20n s-r Koss c3rg7o V JosE OFOCIY" !; Uf Y6oY T lIP2-,l �z -1Gpv -3 S 5A/c.vv � �f' / L'o 576 � y v s yS - ti �T-lloW LVIS o.,�,7-1-s _ S rla- A l 2 ?67e- ix 67ei L S S76, -.yS-mss'?% 6L �f� c. D �z 6 - — D5� NAME ADDRESS PHONE# tivi5 P6664 ST T - 82 S - 90 73 r J II G/ / ill WAY 2&' ' o VY - . 1 - 1 - 11 � w 3 c A C3 2n- 7V* &Z 2 r - Da 656 t -oaf l> P VG w1 A �v � u 7yl - oa36 r �,)�,) �' C6�aAj;, p 3 '? fYINCE S+,AP,3 8Ze- 002ZI NAME ADDRESS PHONE# 7 Erl/�vo- /On 4' i React i DOMINO REALTY TRUST FIVE ESSEX GREEN DRIVE - SUITE 21 PEABODY, MASSACHUSETTS 01 960-291 4 TELEPHONE 508- 532-91 11 January_20,1998 Gary Barrett, Chairman Salem Board of Appeals One Salem Green Salem,MA 01970 RE: Nlildred's Transportation, 38 Prince Street Salem MA 01970 and Hearing scheduled for January 21 1998 Dear Mr. Barrett We own a three family dwelling which is situated at 48-50 Prince Street. We are writing on behalf of ourselves and our tenants to complain about the parking problem which has been created on Prince Street by the several commercial vehicles which Nhldred's Transportation routinely parks on Prince Street. Those vehicles take up parking spaces which are already in extremely high demand on that street. That section of Prince Street is comprised mainly of multi-family residential dwellings without on-site parking. The people who live on that area, including our tenants,are forced to rely on the parking spaces which are available on Prince Street. Because the owners of N ildred's are running a commercial operation at 38 Prince Street and parking their taxi's on Prince Street,our tenants and other area residents are often forced to park blocks from their homes. This includes many mothers with small children and elderly residents who must carry grocery bags and parcels from their cars to their homes. It is a serious inconvenience to them, at best. In times of bad weather and at night,this situation subjects them to a serious risk of bodily harm. Unless something is done to force Mildred's to store.their vehicles somewhere else(preferably on a .commercial lot),residents will be forced to move away. This will cause the neighborhood to decline again and you will soon see an increase in the number of abandoned properties,because,without tenants, landlords cannot pay their taxes. The further decrease in tax,revenues will render the city unable to provide the services necessary to keep the neighborhood healthy. We,at Domino Realty Trust,urge you to utilize your full discretionary powers to curtail or severely restrict the parking of Mildred's vehicles on Prince Street and in the surrounding neighborhood. We will not be able to attend the scheduled hearing. But,we need your help! Thank you for listening to our position and doing anything you can to give us and our neighbors some relief. 'Very truly����R Edward P.Holden III L EPH3/jrs ~ . Cc:file' Pablo Valdez 39 Prince St., Salem,MA Harbor Rental&Property Management 111 Derby Street Salem,MA 01970 Tel(978)740-2442 Fax(978)741-0566 January 8, 1998 City of Salem,Board of Appeals One Salem Green ATTN: Gary Barrett Salem,MA 01970 Dear Mr Barrett, This is to advise you that our client,Gerry Lee, is opposed to the commercial operation of a taxi company operating out of a location at 38 Prince Street. Mr Lee owns the property located at 43 Prince Street and parking is a continuing problem for his tenants. Thank you for you consideration in this matter. Sin r y Yours, Jim No ello Sherry rr Harbor Rental&Realty Property Management as agents for Mr Gerry Lee J.anuar21 v.x_,_ 1'9_;8 Mr . Gary Barrett Chairman City of Salem Board of Appeals One Salem Green Salem, Massachusetts 01970 Re : Petition of Mildred Espinal for a Special Permit to operate a transportation business at 38 Prince Street , Salem Dear Mr . Barrett , My name is Claire Chalifour and I wish to be recorded in opposition to the petition of Mildred Espinal for a Special Permit to operate a transportation business out of her home at 38 Prince Street , Salem . I am the owner of a two-family house located at 40 Prince Street, Salem, Massachusetts . This area is one of the most dense residential. neighborhoods in the city and is zoned as an R-3 district . It is extremely congested on Prince Street with all of the multi-family dwellings and there are presently not enough parking spaces on the street to accommodate the needs of the people who reside there . If the Special Permit is granted, it will make a difficult parking situation even worse , and the tenants who live on Prince Street will be unable to find parking spaces on the street . This will necessarily spill over onto other streets in the area and cause the same problems on adjacent streets . By being allowed to operate a transportation or taxi service from her home , the Petitioner will have to park her two business vehicles on Prince Street which will take away more of the available parking spaces from the people who live on Prince Street. In addition , if the Petitioner has employees to assist in operating her business , the employees will park on the street which will further reduce the number of parking spaces . I have owned 40 Prince Street for almost 10 years and I have abided by all of the zoning by-laws of the city. The Petitioner has owned her home for about 1 year and she was aware of the zoning when she purchased the property. She should not be given relief from necessary zoning requirements to operate a business in an R-3 zone . By granting this petition, the Board will be making a difficult parking situation even worse . This business will cause a congested neighborhood to become more congested and will diminish the quality of life for all of the people who live in the neighborhood. This business is not consistent with the character of the neighborhood and I strongly urge this Board to deny this petition for a Special Permit . Thank you for your time and consideration in hearing my concerns in this matter . Sincer,� Clair6 e Chalifour Owner-40 Prince Street Nina V. Cohen 22 Chestnut Street Salem MA 01970 ._. January 20, 1998 William J. Lundregan, Esq. City Solicitor, City of Salem 81 Washington-Street Salem MA :07970 Re: Petition of Mildred Espinal, 38 Prince St. Dear Mr. Lundreg an: Several members of the Zoning Board of Appeal have questioned whether the above petitioner may be asking us to perform a service that is outside our jurisdiction. The petitioner requested a special permit to operate a transportation business from her apartment at 38 Prince Street in Salem, which is located in an R-3 district. For the benefit of the Zoning Board, could you render an advisory opinion whether sections 5-3 and 9-4 of the Zoning Ordinance authorize us to issue a special permit for the use of a taxicab business operating in an individual's home within an R-3 district. Thank you for your attention to this matter. Sincerely, Nina V. Cohen Vice Chairman DATE OF HEARING / / � r PETITIONER 7)2 LOCATION MOTION: TO GRANT SECOND AMENDMENT SECOND TO DENY SECOND TO RE-HEAR SECOND WITHDRAW SECOND CONTINUE SECOND I ROLL CALL PRESENT GRANT DENY AMEND WITHDRAW RE-HEAR CONTINUE GARY M. BARRETT ALBERT C. HILL JOSEPH YWU NINA V. COHEN RICHARD DIONNE C ASSOCIATE MEMBERS ARTHUR LEBRECQUE PAUL VALASKATGIS CONDITIONS: �� +���� ✓I� �� DATE OF HEARING 9-9 PETITIONER nL LOCATION MOTION: TO GRANT SECOND AMENDMENT SECOND TO DENY SECOND TO RE-HEAR SECOND WITHDRAW SECOND CONTINUE SECOND ROLL CALL PRESENT GRANT DENY AMEND WITHDRAW RE-HEAR CONTINUE GARY M. BARRETT ALBERT C. HILL JOSEPH YWU NINA V. COHEN RICHARD DIONNE tz ASSOCIATE MEMBERS ARTHUR LEBRECQUE PAUL VALASKATGIS CONDITIONS: C , CA i APPEAL CASE NO. . T� IXlImAiLyrn AM �� T atm �.! -�Tii11 47 �narn Lr 1ugPa1 TO TIEE BOARD OF APPEAL: The Undersigned re esenc that he/she is/are the owners of a certain parcel of laad located at: . ? (!�'�[;�,5 ;�'? ;,,,,,,Street; Zoning District..........., and said parcel is affected by Section(s)......... .. . ....... .. . of the Massachusetts State Building Code. Plans describing the work proposed have been submitted to the Inspector of Buildings in accordance with Section 1% A.1 of the Zoning Ordinance. Direct Appeal a- Vn m � Qw vi v C CL1 U _< 0 �n j U CIO-- the Application for Permit was denied by the Inspector of Buildings � t fo llepIn reason(s): 3g v s ft'f Direct Appeal N .� N C. The Undersigned hereby petitions the Board of Appeal to vary the terms of the Sales 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-(awe and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially derogating from the intent and purpose of the Zoning Ordinance and Building Code for the follow- ing reasons: - Requesting special permit in order to operate a transportation business from 38 Prince Street 111 Salem, Ma in which is located in an R-3 district. Per section 5-3 of the City of Salem Zoning Ordinance Ower., ,,. Mildred Espinal ........................... Address.., 38 Prince Street lkl Salem ........................... relephone. ,(508). 741-2432 ..................... SAME Petitioner. . .. ..... ..................... 9-24-97 Address.. . .. ....... ..................... Date..................... . Teleonone. . . . . . . .. . . . Byl.��: rl Three copies of the application must be filed with the Secretary of the Board of App2m with a check, for advertising in the amount of S............. four weeks prior co the sesria�►ei ebaBash!ef-Arpaal, Cheek Payable to tan SMarrm Even—, Hews. JMJ Realty Trust John P . Fisher Trustee 414 Ocean Avenue Marblehead , Ma . 01945 Mr . Gary Barrett , Chairman City of Salem Board of Appeal One Salem Green Salem, Ma . 01970 Dear Mr . Barrett , I am writing concerning the public hearing regarding the petition submitted by Mildred Espinal requesting a Special Permit to operate a transportation business at the property located at 38 Prince Street. I _ can not help but object to this permit since the property is located in such a densely populated area and the fumes associated with this type of business would surely impact adversely upon the health of the residents . In addition there is very limited access t to the area as well as on street parking . This property is also close to a community play ground and I am concerned about increased traffic in an already congested area . Please consider my views at the hearing on this matter . Very truly yours ,f JoI'n P . Fisher October 20, 1997 Garry M. Barrett, Chairman Board of Appeals One Salem Green Salem, Ma 01970 Dear Mr. Barrett: My family and I reside at 39 Prince Street, Apt .#1, Salem, Ma. . The owners of this property are Dick and Deborah D'Alessandro of 35 Pleasant Street in Salem. On 9/16/97, Building Inspector Leo Tremblay sent a letter to Mildred Espinale of 38 Prince Street in Salem. The letter stated that the transportation company (Mildred' s Transporta- tion Co. ) being run from her home was illegal. The business is not permitted and is in a residential area. Immediately thereafter, the D'Alessandros rented the driveway next to my apartment to Mildred Espinale. Every night, two cars are parked in the small driveway and another one is parked blocking the driveway. At approximately 6 : 00 a.m. , the drivers start their engines, that usually do not turn on the first try, therefore, waking up my family every morning. The numbers of vehicles are creating serious potential fire and health hazards as well as inconveniencing my family. Because of the above mentioned facts, issuance of a parking permit to Ms . Espinale would be detrimental to other area residents as well, in this highly congested area having narrow streets. Thank you for your consideration in this matter. Very truly yyyours , P/abl�ldezzz 39 Prince St. Salem, Ma 01970 (situ of 1$mlem, massot4usetts Public Prupertg Department Nuilbing i9epbrtment (One $altm 0$rttn 508-745-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer September 16 , 1997 David Clement 38 Prince Street Salem, Mass . 01970 RE: 38 Prince Street Dear Mr. Clement: This office has been notified of an illegal transportation business being run at 38 Prince Street . Prince Street is located in a residential area and businesses cannot be run out of residential areas without special permits being granted by the City of Salem Board of Appeals . You must stop illegal activities at once , or file proper papers to seek special permits from the City of Salem Board of Appeals . Application forms are available at the office of the Building Department at One Salem Green . Please notify this department within fifteen ( 15 ) days upon receipt of this letter, to inform us as to what course of action you will take to rectify this situation. Failure to do so will result in legal action being taken against you . Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo E . Tremblay Zoning Enforceme Yfficer cc: Captain Blake Fire Department Health Department Point Neighborhood Improvement Association P.O. Box 4542 Salem, MA 01970 741-1669 September 24, 1997 To: Salem Board of Appeals Salem, MA 01970 Dear Members of the Appeals Board, I am writing in support of Mildred Espinal who runs a transportation business in Salem. We just presented her with an award because of the improvements she has made to her property and believe she is an asset to the community. Sin er ly, Scott Galber Co- President City of Salem Board of Appeals Salem, MA 01970 September 24, 1997 To: Appeals Board Members, I am writing to you in regards to a letter I received on September 18, 1997 regarding my transportation business. I am a low income Latino woman working hard in the community to provide an affordable service to the Latino community. For many Latino families this is the first time they are able to call directly to access the transportation they need. I have the first Spanish speaking transportation company on the North Shore and this helps many, many families in Salem. I am a very involved member of my community and recently received an award from the Point Neighborhood Improvement Association. I care about my community and it's people. Thank you for your consideration. Sincerely, Mildred Espinal DATE OF HEARING r PETITIONER s LOCATION MOTION: TO GRANT SECOND AMENDMENT SECOND TO DENY SECOND TO RE-HEAR SECOND WITHDRAW SECOND CONTINUE SECOND ROLL CALL PRESENT GRANT DENY AMEND WITHDRAW RE-HEAR CONTINUE GARY M. BARRETT / ALBERT C. HILL JOSEPH YWU NINA V. COHEP RICHARD DIONNE ASSOCIATE MEMBERS ARTHUR LEBRECQUE PAUL VALASKATGIS CONDITIONS: i October 15, 1997 City of Salem Board of Appeal RE: Special Permit Petition Mildred Espinal Dear Board Members: I am writing with regard to the petition submitted by Mildred Espinal requesting a Special Permit to operate a transportation business at 38 Prince Street in Salem. I am the owner of property located at 36 Naumkeag Street which abuts 38 Prince Street. I understand that Ms. Espinal is already operating the transportation business and has been doing so for some time. It is also my understanding that Ms. Espinal keeps two automobiles as part of her business. At this time I request that if the Board is inclined to grant Ms. Espinal the Special Permit that it impose reasonable conditions such that the operation of the business has a minimal adverse impact on the residential neighborhood. Among these conditions I request that the Board include the following: 1. Limit of two existing automobiles. No vans. 2. She may not appropriate and exclude others from public parking spaces. 3. All city ordinances and other laws remain in effect in particular regarding noise and loitering. 4. Provide suitable waiting/drop off area for customers. Thank you for your attention. Sincerely, Aline G. Carriere