8 PROCTOR STREET - ZBA (2) 8 PROCTOR STREET (R-2)
ROLLS BATTERY ENGINEERING, INC.
O
a
of 11�4ulem, CTttssadjusetts
>�... FEB Z9 I� 5thij
DECISION ON THE PETITION OF ROLLS BATTERY ENGINEERING, INC. FORMERLY KNOWN
AS "SURRETTE SUPPLY COMPANY,INC. " FOR A VARIANCE AT 8 PROCTOR STREET. (R-2)
A hearing on this petition was held February 21, 1996 with the following
Board Members present: Gary Barrett, Joseph Ywuc, Nina Cohen and Albert
Hill. 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 Variance to alter a
non-conforming lot for the property located at 8 Proctor Street. The
Petitioner wishes to convey a portion of the property at 8 Proctor Street
to adjoining landowners, William and Michael McHugh. The portion of land to
be conveyed will be used for a driveway and parking for the McHugh's home
at 67 Boston Street. Parcel B to be conveyed to the owners of the
contiguous land as shown, as belonging to McHugh.
The Variance which has been requested may be granted upon a finding by 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 lands, buildings and structures involved.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the
petitioners.
3. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent of the district of the purpose of the Ordinance.
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. There was no opposition in this matter.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal voted unanimously, 4-0 to grant
the variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statues, ordinances,
codes and regulations.
2. Petitioner is to obtain approval from any City Board or Commission
having jurisdiction including, but not limited to, the Planning Board.
DECISION OF THE PETITION OF ROLLS BATTERY ENGINEERING, INC. FORMERLY KNOWN
AS "SURRETTE SUPPLY COMPANY,INC. " FOR A VARIANCE AT 8 PROCTOR STREET
/ (R-2)
page two
Variance Granted
February 21, 1996
Albert C. Hill, Jr.
Member, 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
DATE OF HEARING / 7/
PETITIONER �7
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
STEPHEN TOUCHETTE
NINA V. COHEN
ASSOCIATE MEMBERS
ARTHUR LEBRECQUE
JOSEPH J.YWUC
CONDITIONS:
I � i
n' C
\zbaform\
i
APPEALaCASE NO. . . . . . . . . . . . . .
i A
- f if L IPm, � �z$s�rzfju�P#ts
7�6attra of `uenl
TO THE BOARD OF APPEAL:
The Undersigned represent that he/she is/are the owners of a, certain parcel of land
located at:.. . .. .. .. ...... ... .
8 Proctor ..Street; Zoning District.R-2................:
. .. .....
and said, parcel is affected by Section(s)...N1A...... . . ........ of the Massachusetts
State' Building Code.
Plans describing' the work proposed have been submitted to the Inspector of Buildings
in accordance with Section I% A.1 of the Zoning Ordinance.
Petitioner requests relief pursuant to Section 8-6 of the Zoning Ordinance to permit
the conveyance of a portion of the premises at 8 Proctor Street shown as Parcel B on
the Exhibit Plan of Land enclosed herewith. Parcel B is to be conveyed to ajoining
lanownerg William and Michael McHugh to be used for driveway and parking for the
McQ is `.Rome at 67 Boston Street.
Is2 n Lo
4u w
� W d
W
c) CD
wg N >-
� d�,?
CoThe Application for Permit was denied by the Inspector of Buildings forAye following
reason(s):
n X _,1
w o
The Undersigned hereby petitions 'the Board of Appeal 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 derogating
from the intent and purpose of.the Zoning Ordinance and Building Code for the follow-
ing reasons: -
The conveyance of Parcel B will have no detrimental effect upon the remaining land
and structures at 8 Proctor Street as the land comprising Parcel B is not used or
suitable for use by Petitioner in connection with the operation of business at 8
Proctor Street. Parcel B is not to be a separate building lot but is to be combined
with the adjacent land of the McHugh's to form one contiguous residential lot. The
conveyance of Parcel B to the McHughs will have a substantially beneficial impact in that
the McHughs currently have no practical access from their residence to a public way.
The remaining Lot A shall continue to be used for business purposes.
I
Owner.. Rolls Battery Engineerin ., rlq..
Address....8.&Actox ,Stxeet,. S" e%
iTelephone...............................
Same
Petitioner..............................
Address.................................
Date..
✓...6 p6 ryrya,, Telephone�..�. .. y .... ..........
Danie Case AttorneY
By..'Co a r a'sey 5b$%T4'4=101'1
Three copies of the application must be filed with 2t7he obn&retsat4 oefteheS oeAU% Appeal
with alcheck, for advertising in the amount of $............. four weeks prior to the
meeting of the Board of Appeal, Check payable to the Salem Evening News:
' i
�.
r �..�,rc��-cti GL
� -�
� z � ��
o� y C� �O
,� A
� o
� �. � �
Vr'V"`y �
� � O �
A � �'
� �
� A �
R
O
XTE. //4) 16 7-
</0`92.
60.00' ,�Posrs S436 BRICK ZOZNZc�Nm
G INE
K OMEVETQe
OSTON
oO(RTE. 07) STREET 'JI
NO RECORD WIDTH) GRA N/rE DH. /N CONC. 0R".po2H. WALK (FD.) ,ro,J
D.NTORY Q%
067 7MENt LOCUSMSCALE-JC
oLT
OONC/0Uo0�S0'��
'A
&69
�.�
-�
v o 11 --- -- -----
2_112 57ORY
o ASSESSORS.' MAP /5, LOTS 267 6 290
WOOD FRAME
I DWELL/NG ZONING.' R-2 - RES/DENT/AL TWO FAM/LY
—� — ENTRANCE CORN/DOR OVERLAY
7° f'�EFERENCES.•
m DEED BOOK 4579, PAGE /4 (SURRETTE)
h a DEED BOOK //066, PAGE 574 WcHUGH)
9? O STAKE PLAN RECORDED /N DEED BOOK 26/4,
COR. (FD.) n PAGE 4/6
I I VINYL t
EDWARD & PHYLLIS M, o ZONING DATA:
PETER COPELAS I WILLIAM ✓. McHUGH MELL 0
$
PLAN 9/4 OF /956 !PLAN RE XROED /N DEED BK 1926, m R-2 - RES/DENT/AL TWO FAM/LY
C> -- - -
MICHAEL A&HUGH PAGE 2761
S tORr u o
2 A LOT AREA = /5SF,
000
ENTRANCE CORRIDOR -' V/00D o p LOT W/DTH AT
OVERLAY D/STR/Cr f / PORTABLE FRAME FRONT SETBACK = /00'
' FOLLOWS PROPERTY I ( METAL
SHE✓ MAX. LOT COVERAGE = 35%
L/NE APPROX/MATE �
60.00'
L
N OCATION ENTRANCE 1\ = BUILDING SETBACKS.
APPROXIMATE LOCATIONI _ BITUMINOUS o i CORRIDOR OVERLAY STAKE \
CONCRETE (FO) FRONT YARD = /5'
-+I-o
_QVERAAY�CORR/DOR_ /2.00• SIDE YARD /O'
DRIVEWAY _ — �� REAR YARC 30'
-
G 6ATTERY �
1 LL INC.
IVGINEERING, DEED !/ SEMENt - NOTES.'
PARCEL B PAN RECOR�AGEN4r6 AGGESS� E� J PARCEL B• CURRENTLY OWNED BY SURRETTE SUPPLY
O SURRETTE SUPPLY BOOK 26� `! COMPANY, INC, /S TO BE CONVEYED TO WILLIAM ✓. B
I COMPANY, INC. 0 /0%•45 . LOAFO M �� AND OF SAME MICHAEL HTO FORM OAND NE OCONT/TGUOBS OTC
PLAt 1
5,352+ S.F.
I I ^ /NOT A LEGAL BUILDING LOT A m REBAR Zo'rING
LOT) / REMAIN/NG
I
PROPERTY LINE eF LAND OF l STORY
/FD.J 6,2 LrNE
FROM PLAN 9/4 y ��G� SURRETTE WO
SHOPRAME RC
OF /956 I SUPPL Y CO., //VC,I o.N /N 7/8
"6r 965! S,F S9. (FDJ REBAR
63,05' _._ 65.45' %
153 5/'
------- _ 6700' ' ,._ _ (TD)
IRON
ROD \ 22 ..5/'
(FD.) \
O
PUTNAM` (PUBLIC - NO RECORD WIDTH) STREET
OLD --_ t
SP/KE
MD.J
SPIKE
(FD.)
W
EXH/B/T
PLAN OF LAND
/N
RSALEM, MA
PREPARED FOR
WILLIAM J. & MICHAEL MCHUGH
SCALE: /" = 20' AUGUST B, /995
tM OF 4q8�
ot` WAYNE gOyG _
C' N O /0 20 40 BO
$ JALBERT
No++�61 HANCOCK SURVEY ASSOCIATES, INC.
e °e
235 NEWBURY STREET, DANVERS, MASSACHUSETTS 0/923
CHECKED BY.• A 5369
�D�TN
so % NINA LANE 1ev/ 6 LEC7Ge5
�
BOSTON % , ca SON
(RTE. /07J ` IN o � 0
STREET N /
GRANITE �A p EASE' �oE
(PUBLIC - NO RED.H. /N CONC, ET
DH C>WIDTH) Posrs Z WALK (FD.) /,j �AM E�
(FD.) O.H. o
(FD.) p36
2 g , 60.00' 3 STORY Bp/CK
y
/COrq, 067
APARTMENT LOCUS MAP Z SCALE- /"_ /000'
069 !�/NYL/ I gUILO�NG =
\ T
k, ASSESSORS- MAP /5, LOTS 267 8 290
2-//2 STORY
WOOD FRAME --
I DWELL/NG ZONING' R-2 - RES/DENT/AL TWO FAM/LY
OENTRANCE CORN/DOR OVERLAY
� Q �
a /REFERENCES.•
O� U
m DEED BOOK 4579, PAGE /4 (SURRETTE)
DEED BOOK //068, PAGE 574 (McHUGH)
o STAKE \ r(FD.)COR. PLAN RECORDED /N DEED BOOK 26/4,� n
V/NYL t PAGE 4/6
I EDWARD 8 PHYLLIS M, o ZONING DATA:
PETER COPELAS I WILLIAM dMcHUGH MEL L O _ —
PLAN 9/4 OF /956 & (PLAN RECORDED /N DEED B( 1926, m R-2 - RES/DENT/AL TWO FAM/LY
I MICHAEL McHUGH PAGE 276) 2 STORY LOT AREA = /5,000 S.F.
ENTRANCE CORRIDOR POD �v
OVERLAY DIS FR/CT / PORTABLE FRAME �. LOT W/DTH AT
FOLLOWS PROPERTYl/ METAL FRONT SErBACK = /00'
LINE 1 SHED APPROXIMATE \
MAX. LOT COVERAGE = 35/•
/ 60.00' LOCAT/ON ENTRANCE \ = BUILDING SErBACKS.-
APPROX/MATE LOCATION / h B/TUM/NOUS it CORRIDOR OVERLAY STAKE
FN RANCE CORRIDOR /2 p FRONT YARD = /5'
r ^ �CONCRErE (FL). C n
_QVERLAY� O DRIVEWAY SIDE YARD = /O'
c _J3 REAR YARD - 30'
RY
o- LLS BATTE/N�
Q N RO —
� EERIIVG. -- NOTES
I o EIVGIN CORDED IN DEED EgSEM�T-�
PARCEL 6 PLAN RE 4 FADE 416 ACCESS__. q PARCEL B, CURRENTLY OWNED BY SURRETTE SUPPLY
ISURRETTE SUPPLY ^ 30OK 2614, COMPANY, /NC., /S TO BE CONVEYED TO WILLIAM ✓. 8
COMPANY, IMC. 0 I0745�� LOAD
M MICHAEL McHUGH, AND COMB/NED WITH ABUTT/NG
PLA \
LAND OF SAME TO FORM ONE CONT/60005 LOT
I ^ 718
/NOT A LEGAL BUILDING �E� LOT A
\ REB,4R ZON NG
< Lon PP REMA/N/NG
PROPERTY LINE
110 f LAND OF / sroRY (FD.) B,2 LINE
FROM PLAN 9/4 , 1� DGS SURRETTE W000 FRAME m RC
OF /956 - SUPPL Y CO., INC SHOP
----� l , D.H. F, 7/8 '
63.05' _ �6965+ SF.
SB (FD.) RFSAR
_.45'— 67.00' 1535/,
IRON
ROD 1 220.5/' h
(FD.) / \
0
PUTNAM (PUBLIC - NO RECORD WIDTH) STREET
OLD-
-
SPIKE
(FD.)
R.R. SP/KE
NO.)
EXH/B/T
PLAN OF LAND
/N
Q
SAL EM, MA
PREPARED FOR
WILL/AM J. & MICHAEL McHUGH
OF
SCALE: /" = 20' AUGUST 8, /995
Nggs7
ct WAVNE "4
c . JALBEFiT O /0 20 4G' 60
V
Vis' HANCOCK SURVEY ASSOCIATES, INC.
ro vc+° 235 NEWSURY STREET, DANVERS, MASSACHUSETTS 0/923
CHECKED 9Y. i 5369