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99 TREMONT STREET - ZBA
x7; ' 99 Tremont St.' :. R-2 Georgia Giannias . l� y-� c� J _ DATE OF HEARING 1117 PETITIONER LOCATION MOTION: TO GRANT G SECOND l/ ✓/ TO DENY SECOND TO RE-HEAR SECOND LEAVE TO WITHDRAW SECOND TO CONTINUE SECOND ROLL CALL PRESENT GRANT DENY/ WITHDRAW RE-HEAR CONTINUE RICHARD BENCAL v JOSEPH CORRENTI_ RICFfARD''FEBUN10 EDWARD. LUZINSKI ASSOCIATE MEMBERS ,J0 4N—GR'IdBY ARTHUR LABRECOUE CONDITIONS: z2 (9itg of Salem, cfflttssadlusetts May 6, 1991 Notice is hereby given that as of May 1 , 1991 the decision of the Board of Appeal has been filed in the office of the City Clerk to deny the petition of Georgia Giannias for Variances to convert a two:-family dwelling into a three family dwelling at 99 Tremont T. (R-2) BOARD OF APPEAL Brenda M. Sumrall Clerk of the Board Appeal from this decision, if any,shall be made pursuant to Section 17 tM the Mass. General Laws, Chapter 808, and shall be filed within 20 days after the date:of filing of this decision in the office of the City Clerk. - Pursuant to Mass. General Laws, Ch Dter 808, Section 11, the variance or:�peciai Permit granted herein snai! not take effect until a copy of the decision, bearin1 the certification of the City Clerk that 20.days have elapsed and no appeal has been filed, or that, if such appeal has been fi)ed, that it has been dismissed or denied is recorded in the South Essex Registry of DaNcls and indexed under the name or the owner of record or is recorded and noted on the owner's Certificate of Tid@a BOARD OF APPEAL Tity of "$ttlem, �ttssadjusetts (a) �oura of }veal DECISION ON THE PETITION OF GEORGIA GIANNIAS FOR VARIANCES AT 99 TREMONT ST. (R-2) A hearing on this petition was held April 17, 1991 with the following Board Members present: Richard Bencal, Chairman; Edward Luzinski, Joseph Correnti, Richard Febonio and Associate Member Arthur Labrecque. 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 from use and parking to convert a two family dwelling into a three family dwelling in this R-2 district. The Variances which have been requested may be granted upon a finding by this Board that: a. Special conditions and circumstances exist which especially affect the land,, building or structure involved and which are not generally affecting other lands, buildings or structures in the same district. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise. c. Desirable relief may 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. The Board of Appeal, after careful consideration of the evidence presented at the hearing, makes the following findings of fact: 1 . The property was purchased in 1986' by the petitioner as a two family structure 2. Interior changes and alterations were made illegally, without legal permits to convert to a three family dwelling. 3. The property has been used illegally as a three family for at least three years. 4. Opposition was voiced by neighbors, abutters and others. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1 . Special conditions do not exist which especially affect the subject property but not the district in general. 2. Literal enforcement of the provisions of the Ordinance would not involve substantial hardship to the petitioner. . 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district of the purpose of the Ordinance. r DECISION ON THE PETITION OF GEORGIA GIANNIAS FOR VARIANCES AT 99 TREMONT STREET, SALEM page two Therefore, the Zoning Board Of Appeal voted unanimously, 0-5, against the granting of the requested variance. The motion to grant having failed to garner the required four affirmative voted to pass, fails and the Variances are denied. VARIANCES DENIED April 17, 1991 Richard A. Bencal, Chairman 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 Mass. General Laws. Chapter 808, and shall be filed within 20 days after llie date of filing of this decision in the office of the City Clerk. Purruon`. to Moss. General Laws, Cha?ter 808, Section 11,the Variance or p„=-i�l Permit ,?ranted herein shall not take effect until a copy Of the cacislan, bearing the certification of the City Clerk that 20 days have elapsed anu no appeal has been filed. or that, if such appeal has been filed, that it has been dismisseJ or denied is recorded in the South EsFex he name or ise Rgistry of Deeds and erecorded and noted index the owner's Certificate of Title. owner of record of Title BOARD OFAPPEAq n >C' T r r T I ^1 71 owl CU M w r•t to a Tittl of _IEWem, rfttssadjusetts Bourd of 91 MAY -1 A8 :33 DECISION ON THE PETITION OF GEORGIA GIANNIAS FOR VARIANCES CITY CLLR " AT 99 TREMONT ST. (R-2) h ' o- SALICE .P� i�� , �; A hearing on this petition was held April 17, 1991 with the following Board Members present: Richard Bencal, Chairman; Edward Luzinski, Joseph Correnti, Richard Febonio and Associate Member Arthur Labrecque. 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 from use and parking to convert a two family dwelling into a three family dwelling in this R-2 district. The Variances which have been requested may be granted upon a finding by this Board that: a. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or structures in the same district. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise. c. Desirable relief may 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. The Board of Appeal, after careful consideration of the evidence presented at the hearing, makes the following findings of fact: 1 . The property was purchased in 1986 by the petitioner as a two family structure, 2. Interior changes and alterations were made illegally, without legal permits to convert to a three family dwelling. 3. The property has been used illegally as a three family for at least three years. 4. Opposition was voiced by neighbors, abutters and others. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1 . Special conditions do not exist which especially affect the subject property but not the district in general. 2. Literal enforcement of the provisions of the Ordinance would not involve substantial hardship to the petitioner. 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district of the purpose of the Ordinance. DECISION ON THE PETITION OF GEORGIA GIANNIAS FOR VARIANCES AT 99 TREMONT STREET, SALEM page two Therefore, the Zoning Board of Appeal voted unanimously, 0-5, against the granting of the requested variance. The motion to grant having failed to garner the required four affirmative voted to pass, fails and the Variances are denied. VARIANCES DENIED April 17, 1991 Richard A. Bencal, Chairman 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 Mass. General Laws, Chapter 808,and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Purfuan: ±n Mass. General Laws, Cha?ter 808, Section 11,the variance or Permit gran ied herein shall not take effect until a copy of the decision, boring the certification of the city Clerk that 20 days have elapsed and no appeal has been fi''..ed, or that, if such appeal has been filed.that it has been dismisseJ or denied is recorded in the South Essex Registry of Deeds and indexed under the name or the owner of record or Is recorded and noted on the owner's Certificate of Title. BOARD OF.APPFAl1 n v3 t/1 ➢r7 73= r-r a !"1 T M n�t rri rri :w b (f itU of ttlem, � ttssttcljusetts . F 33oura of A, peal .91 MAY -1 A8 :33 DECISION ON THE PETITION OF GEORGIA GIANNIAS FOR VARIANCES CITY CL"rh AT 99 TREMONT ST. (R-2) SALE 'in;- A hearing on this petition was held April 17, 1991 with the following Board Members present: Richard Bencal, Chairman; Edward Luzinski, Joseph Correnti, Richard Febonio and Associate Member Arthur Labrecque. 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 from use and parking to convert a two family dwelling into a three family dwelling in this R-2 district. The Variances which have been requested may be granted upon a finding by this Board that: a. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or structures in the same district. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise. c. Desirable relief may 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. The Board of Appeal, after careful consideration of the evidence presented at the hearing, makes the following findings of fact: 1 . The property was purchased in 1986 by the petitioner as a two family structure, 2. Interior changes and alterations were made illegally, without legal permits to convert to a three family dwelling. 3. The property has been used illegally as a three family for at least three years. 4. Opposition was voiced by neighbors, abutters and others. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1 . Special conditions do not exist which especially affect the subject property but not the district in general. 2. Literal enforcement of the provisions of the Ordinance would not involve substantial hardship to the petitioner. 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district of the purpose of the Ordinance. 1j DECISION ON THE PETITION OF GEORGIA GIANNIAS FOR VARIANCES AT 99 TREMONT STREET, SALEM page two Therefore, the Zoning Board of Appeal voted unanimously, 0-5, against the granting of the requested variance. The motion to grant having failed to garner the required four affirmative voted to pass, fails and the Variances are denied. VARIANCES DENIED April 17, 1991 Richard A. Bencal, Chairman 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 Mass. General Laws, Chapter 808, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. pwr uorri to Mass. General Laws, Cha?ter 808, Section 11, the variance or 'ermit granted herein shall not take effect until a copy of the cacision, boring 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 dismisseJ or denied is recorded in the South Essex Registry of Deeps and indexed under the name or the owner of record or Is recorded and noted on the owner's Certificate of Title. BOARD OF APPEAL! Cl) f %6 73 Cn D t7 = rr 'z I� `7 wo a orf ,-,III r w rn w Chi of �ttlem, ��ttsstttljuseti s s 'Bourn of �upenl 091 HAY -1 A 8 :33 DECISION ON THE PETITION OF GEORGIA GIANNIAS FOR VARIANCES CITY CLLR ;' AT 99 TREMONT ST. (R-2) Cr`ICE SALE;, i•ir� ;� A hearing on this petition was held April 17, 1991 with the following Board Members present: Richard Bencal, Chairman; Edward Luzinski, Joseph Correnti, Richard Febonio and Associate Member Arthur Labrecque. 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 from use and parking to convert a two family dwelling into a three family dwelling in this R-2 district. The Variances which have been requested may be granted upon a finding by this Board that: a. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or structures in the same district. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise. c. Desirable relief may 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. The Board of Appeal, after careful consideration of the evidence presented at the hearing, makes the following findings of fact: 1 . The property was purchased in 1986 by the petitioner as a two family structure, 2. Interior changes and alterations were made illegally, without legal permits to convert to a three family dwelling. 3. The property has been used illegally as a three family for at least three years. 4. Opposition was voiced by neighbors, abutters and others. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1 . Special conditions do not exist which especially affect the subject property but not the district in general. 2. Literal enforcement of the provisions of the Ordinance would not involve substantial hardship to the petitioner. 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district of the purpose of the Ordinance. i DECISION ON THE PETITION OF GEORGIA GIANNIAS FOR VARIANCES AT 99 TREMONT STREET, SALEM page two Therefore, the Zoning Board of Appeal voted unanimously, 0-5, against the granting of the requested variance. The motion to grant having failed to garner the required four affirmative voted to pass, fails and the Variances are denied. VARIANCES DENIED April 17, 1991 ( *o*ai Richard A. Bencal, Chairman 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 Mass. General Laws, Chapter 808, and shall be filed within 20 days after the date of filing of this decision in the office of the city Clerk. Purruan. to Mass. General Laws, Cha?ter 808, Section 11,the variance or 6';,sri--' 'crmit �rantei herein shall not take effect until a copy of the recision, bearuir the cen,ficction 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 dismisseJ or denied is recorded in the South Essex Registry of Deeds and indexed under the name or the owner of record or is recorded and noted on the owner's Certificate of Title. BOARD OF APPEAR n %6 N—C p c-a = ?J rr- y mm —c —, M yvi � ")'D a rl mrn W w "T fl�itu Of 'ittfem, 4HU55 cilmartts F Boarb of Aufrezil a '91 NAY —1 AS :33 DECISION ON THE PETITION OF GEORGIA GIANNIAS FOR VARIANCES CITY CLQ AT 99 TREMONT ST. (R-2) h 'SALci, OFFICE �-i;a ;. A hearing on this petition was held April 17, 1991 with the following Board Members present: Richard Bencal, Chairman; Edward Luzinski, Joseph Correnti, Richard Febonio and Associate Member Arthur Labrecque. 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 from use and parking to convert a two family dwelling into a three family dwelling in this R-2 district. The Variances which have been requested may be granted upon a finding by this Board that: a. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or structures in the same district. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise. c. Desirable relief may 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. The Board of Appeal, after careful consideration of the evidence presented at the hearing, makes the following findings of fact: 1 . The property was purchased in 1986 by the petitioner as a two family structure 2. Interior changes and alterations were made illegally, without legal permits to convert to a three family dwelling. 3. The property has been used illegally as a three family for at least three years. 4. Opposition was voiced by neighbors, abutters and others. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1 . Special conditions do not exist which especially affect the subject property but not the district in general. 2. Literal enforcement of the provisions of the Ordinance would not involve substantial hardship to the petitioner. 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district of the purpose of the Ordinance. DECISION ON THE PETITION OF GEORGIA GIANNIAS FOR VARIANCES AT 99 TREMONT STREET, SALEM page two Therefore, the Zoning Board of Appeal voted unanimously, 0-5, against the granting of the requested variance. The motion to grant having failed to garner the required four affirmative voted to pass, fails and the Variances are denied. VARIANCES DENIED April 17, 1991 Richard A. Bencal, Chairman 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 Mass. General Laws, chapter 808, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pur^uant to Mass. General Laws, Chapter 808, Section 11,the Variance or 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 fired, or that, if such appeal has been filed, that it has been dismisseJ or denied is recorded in the South Es.ex Registry of Deeds and indexed under the name or the owner of record or Is recorded and noted on the owner's Certificate of Title. BOARD OF.APPEAU C') y %6 rn rr Dr— = ?J a tTl M v 0 a rl n '7 OD C7 l m w PETITION Board of Appeals City of Salem, Massachusetts RE: Petition for Variance 119 Webb Street Salem, Massachusetts Hayden's Safe & Lock Co. We the undersigned hereby petition the Board of Appeals of the City of Salem, Massachusetts, in connection with the above-entitled Petition for a f Variance to APPROVE said application. We have spoken with the petitioners who have explained the proposed use of the premises, and we feel that the said use will be one that will benefit our neighborhood. NAME ADDRESS 1/g�� � 11ti /3 ���4w-� ST �ySgiod 4 NAME ADDRESS f� G e BOARD OF ASSESSORS CITY HALL PAGE. MA,�,, 70, .... .. 2 "DAT- C ERT IF 1 4 4 0 -5 SUBJECT PROPERTY: PIAP. '17 LOT'. 0007 .SUFE" 6 PROPERTY ADDRESS: 0099 TREMONT, STREET' 7 ... 7 rREMONT--,ST7SW 9-IAS�,EE�)RGJA za 4IAft L 0 12 T F' "' "PERTI 17. r- qqp vw1vllL" r R, 14 Ls 12 17 0002 0044 1RVI14G STREET LEBICZ ALFRED J E LOUISE 44 IRVING ST 16 13 ssF, -bALLPI.,MA'APIY 7R,I 17 '7 P T L8 o 14 00 ;?,§IR 5 T R E �42'�,, I'RQI`NG, S �REET� ,q, �:�7 .. ........... 11! ' " bA 201 7H R1N 19 15 21 2 0 017 SALEM PTA 0197L 0 L, Is 17 0005 0002 TREMONT PLACE LEVESQUE LOUIS 0 111 2 TREMONT PLACE 24 .... .. ..... PTA �U1y M Ls • 3NT,;57 , L 21 6 �—�'27 20 z (3 71 646WT Z, , PAUU,-,'� 97' TREP �,tk P ....... SAL... .. . ........ �, � Vio 28 22 <LMUN I b I ml I Ti i - r 11, BARR 29 0 — 300 23 CIO MURRAY ELLEN SALEM PTA 01970 - 0001 HARROD STREET JALBERT ROBERT R I HARROD ST 24 17 0009 7, 21 ....... 1A MA MT9 3: . .......... L EE1 - AWO b 'al PRZ J" 6 .-,,�S tREET k0k ��"� - 0 "e- 4�" 02W� -1,970, 4 KA?,BARBARA,An EL 27 r 7 R X 09 GALLANT' PATRICIA SALEM MA 01970 2.1 2— 3! 30 41 ? 31 ............. as vps x3: . .. . . . . . ....... ....... ...... 0 3-2 �..... "!IL20 . ...... 43 .. ..... ....... I I Z4 P 33 .......... ... . . . ... . 34 45 03-5 6 • 47 36 46 37Y Sk 3 S 4 X I 1 0 0 e so 3CSa1 3 39 ...... .. . .. ... .... . q52 0 53 0 — L4 0 41 — 5 42 56 43 57 La 0 . .... . . .... ........ 44 41 60 46 L, 47 62 • 48 41 49 2 6 • so 7 52 9 53 71 54 A-2 -Akbtq, °HI 4 • ce H ssesbc 40 F�0 7 0 1'l_J l 3 J<5067 o „?;G 75 a ,;40 i 1549 74 '73 E�GC 'll 71 5075 432: 29 J 1.6'901 ❑ g� 1 I 77 _ „ U 1 902 86 2T000 eF 0 S T' ti 78 > 8532 1 ^ '1 79 o 300 _ __ J ��'•�o 14900 h,� . sy e I'm O SDI C�O 1g I/ - � ~ is s fel Es. so ,4v \( gs 19913 a s.. n CIO 84 5. \/ OD ), i83.,) c C', f M s 4Z oc 810/ "" pCJ y/4 SgI9 g e Q N •:J O. a j iD S /vCx SD S / 100 - 200 300 400 500 FEET i. APPEAL CASE NO. . . . . . . . . . .. . . . . . . . . . A ` •� f�ifv of �zdgni, Ansadm5Pffs J� fp@It TO THE BOARD OF APPEALS: ' .e Und ned�epresent th he is are the owners of a certain parcel of land loc�ed � }g Street; �onina District. N0. . 1 . . . I(Cl. n and said parcel is affected by Section(s) . . . . . . . . . . . . . . . . the Massachusetts State Building Code. ans describing the work proposed, have been submitted to the Inspector of Buildings in :cordance with Section IX A. 1 of the Zoning Ordinance. ,., 03 0 < N '9 C) ao v - m o !nC) T rL F rn r - o —fl m N r Nom.. i/f he Application for Permit was denied by the Inspector of Buildings for the following easons: he Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem :oning Ordinance and/or the Building Code and order the Inspector of Buildings to ipprove the application fee permit to build as filed, as the enforcement of said :oning By-Laws and Building Code would involve practical difficulty or unnecessary iardship 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 :he following reasons: a � � U a ov N� w F8 (xs U m WW Owner.) 4xLa!� Address.lzm•inc Telephone. . . . . jJ. .� .��it .. . . . . . . . . . .. Peti ti oner.:i -U ' • • • • •/• Address. . .. .4. . IaY� cam`':r• :• l/' a' Date. . .�p('. � . Tel , . . 3 3��. 3. �1n5 . .. .... . . . By„ 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. .. . ...... . . . . ... . . four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. LAND SURVEYING • CIVIL ENGINEERING PLOT PLAN OF LAND LOCATED IN SALEM, MASS. Lo+� Loa 2 � o y (L:D c� y 2 O •s_F. dS . .st yi t_o+ l •j� _ Ji N 2 yi Story ' I��P�rWW�'• ',..amu;.,, ' •., Y ao,L)9 4 d aq Jul! 1 N� '. uli_ . - N •. � �; � ' SiAewah� �. Mp v I hereby certify c?4keLuso ' Amcr;c*—C�;+Ll.. that—I-have examined the premises and all easements, encroachments and buildings, arelocated on the g9.Tromorvf• et. 0'r0a'w Pj" n„ l •� +o 4hoW �5{ye - round as shown. I further Gwne�rI -. . -_-._, .. on Sita. p rki'N.areD- :.. . .-. ..certify that the buildings show) o~61,2- conformed to the dimensional zoi ah : lG.�.SaVao ,wrobuk� c SCALE: I"= 20 ' I�-S AQP.__-....._.-_...._ -. laws of Entem,Mass. when constructed. I fur'theraertify DATE: Dec.9, 196fo that the propertyinef.'. REFERENCE:DEEO located in the est bllsheG :floor BK 7510 I PG 2 B PC" Ba 1340 PG I hazard:area. This Plan has been prepared for conveyancing purposes only for the above party, and is not be be used for boundary measurements. stoa Qr , ;.r ,.I 40 LOWELL STREET J — 35 FOREST STREET PEABODY. MASS. 01980 MEDFORD.MASS.02155 531-8121 391-0855 _ f I , goo Ft _ c o , t7 I m� N IJP I $ %j I I / Al -17 vo I o v c AL; a o 175F- w _ _ F�ooR pLP�N rHIR�r-wiprK4 STUDIO /acPf+RTMEh4T K.J.' SAVOIE . nncHiTEcr V4 * o15 l Mg 9q Itl _5elen. AAAr 6.61I'lI ;�„ :Wmjlrj wswihNfs hu tts 3569798 __ =L 98L49SE +otainyxsse�q y�pwsd� .WN+O'SG�uNelq•g : ,� -'i"r�eS..-'�-1uOlMA{j, bb' obbf ' 91" - ^p•I.�A��... _ _. - .L.a�w�av 3ioe`dS : f x 1NaWl�Jbd'd alanl5 21oO'1d GyIHl Nd'Ia ?JOP1� � e ° —r ,-} TIF II T I I a s i r _ r -a � L •� I I i m N ° I I I is N I � oO - I . L ia•I Ne AI 98L69SE. asyxsssyy y ��M:a�, ,moo'�iuue�g•aq ... �dW Mr�eg.- � .� 6?{j, Nd'1a ?J001� 1=1mouv. MONS.VN ` 1N�W1TJdcl�/ olonl5 zloo"Id aylHl ' i _4, 0 � i I i I I I I � N I � I I I � 0 0 00 ja - los I i � I I IS I I � Y F • 1 —' ELL40 1A1— J 1 j h ioz n 3E_0 . 1 '1 t 70 J``0 67 [J--J' 'l s' i Fg 4083 3 75 Z �1 <O 1 Q 1'im 77 5,73 E7GG"I S7 43E. ?9 L x71 S 5 g ii l 2 n 77 ��J F 5' 1,~♦., ` 9702 8Fi ._._ 2 lJ J- Z1C00 F 0 S ti 78 =Z n b5 e5 _ } 79 300 J 14800 i. `•.�° ❑ Q C j3s Jo. � Off/ � ao pIS cf 84. 900 0 0 Y 5835 f M f • �o �' ,coo 32 e' /3 I q 4v cl v6 9 ono , n V \S rR s\ J J SJp - t�� % 4 s a rFFr v � , n 0 �J096 � 1 e 'c v. 's Sr 'e \i•� 100 200 300 400 500 FEET CITY OF SALEM BOARD OF APPEAL 745-9595 Ext.381 Will hold a public hearing for all persons inter- ested in the petition submitted by George Giannias for Variances,including a variance from parking, to allow two family dwelling to be converted to a three family dwelling at 99 Tremont St. (11-2). Said hearing to be held Wednesday,April 17,1991 at 7:00 P.M., One Salem Green, 2nd floor. RICHARD A BENCAL, Chairman April 3, 10, 1991 # # R # R R R # # # # # R # R # i R R R ♦ # t R R R # # CITY OF SALEM - BOARD OF APPEAL 745-9595 Est. 381 Will hold a public hearing for all persons inter- ested in the petition submitted by George Giannias for Variances,including a variance from parking, to allow two family dwelling to be converted to a three family dwelling at 99 Tremont St. (R-2). Said hearing to be held Wednesday,April 17,1991 at 7:00 P.M., Salem Green, 2nd floor. RIC HARD A BENCAL, Chairman April 3, 10, 1991 k R 1 •.t • t R t ! f t f E' fi f • • • t t R R R • R • • • CITY OF SALEM BOARD OF APPEAL 745-9595 Ext. 381 Will hold a public hearing for all persons inter- ested in the petition submitted by George Giannias for Variances,including a variance from parking, to allow Lwo family dwelling to be converted to a three family dwelling at 99 Tremont St. (R-2). Said hearing to be held Wednesday,April 17,1991 at 7:00 P.M., One Salem Green, 2nd floor. RICHARD A BENCAL, Chairman April 3, 10, 1991 Y a x x x x x a x x w x x x x a CITY OF SALEM BOARD OF APPEAL 745-9595 Ext. 381 Will hold a public hearing for all personsnter- ested in the petition submitted by George Gia king, for Variances,including a variance from p aed to otheee familYadwlell ng at 99ing to e T emont Sl.t(R 2) Said hearing to be held Wednesday,April 17,1991 d floor. at 7:00 P.M., One A BENCAL, Chairman April3, 10, 1991 Y • t f f R f R 1 f R R k R R q f R f f f f R f f R f R f g APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . . of salrnl, Cmassa4usetts of A"ral J� GDm1E TO THE BOARD OF APPEALS: e Und ned�present th he is are the owners of a certain parcel of land loci of ) �r�t_� , . . . . . . . . . . .Street; Zoning District. /C r� N0. .a:1. . . . �1�/!/�Ur . and said parcel is affected by Section(s) . . . . . . . . . . . . . . . . the Massachusetts State Building Code. ans describing the work proposed, have been submitted to the Inspector of Buildings in -cordance with Section IX A. 1 of the Zoning Ordinance. n 0 a � > O W U T!n O Nn Cn T , rn 0 o rn n r he Application for Permit was denied by the Inspector of Buildings for the following easons: OD / r6lr"� -he Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem :oning 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 'oning By-Laws and Building Code would involve practical difficulty or unnecessary iardship 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 =he following reasons: s V g W t m < m ww ?-N � Owner. . . Address./ rvG . . • Telephone. . . . . � .t5 .� 5.. . . . . . . . . . . . . . . Petitioner.r.4(1 vr. . . . • • • • .. .. k /. . . . . : / Address. . �.G. ..�6/!fbr?,�y1. :. Date. . ./ , C) Telephon 3 . 1-. 6. ��5. . . . . . . . . . . . . . By, • . . . . . . . . . . . . . . . . . . "zf 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. . . . . . . . . . . . .. . . . . . . . ... . . four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. NO.................................... PETITION -10 BOARD OF APPEALS LOCATION' ............................... ................................ PLUTIONER.......................................... ADDRESS............. . . . . ...... ....... ................................................ CONDI I IONS .......................... ................................. ........................ ....................................... ................................................................ ................................................................. ................................................................. ............................................................. CIIA PETITION APPROVED.................... ❑ DENIED................ ........ 19......... ................................ ....... APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . . Of sal ni, �2I48FIL�123P�5 r �aar3 of 'Appral °a TO THE BOARD OF APPEALS: ie Un !si9� represen that• he s are the owners of a certain parcel of land locAjted t .T •r�. . . . . . . • . • . . . . . .Streei; Zoning DistrictllC. :d. NO. . . . . . . . . . . . . . . and said parcel is affected by Section(s) . . . . . . . . . . . . . . . . f the Massachusetts State Building Code. lans describing the work proposed, have been submitted to the Inspector of Buildings in ccordance with Section IX A. 1 of the Zoning Ordinance. Tn v vc C n rn m. .r U) c.CD to N + -he Application for Permit was denied by the Inspector of Buildings for the following •easons: 0 , ,C_� 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 dlifficulty or unnecessary nardship to the Undersigned and relief may be granted without substantially dero- gating from the intent and purpose of the Zoning Ordin\,ce°and Building Code for the following reasons: U C - f < C m uw U W JJ LL U.Q �N tj t Owners Address. /.Q. . l�rz. �67-G .4 . . . . . . . . Telephone. . �. �. s�. �.�5 . . . . . . . . . . . . . �j r Peti ti ones. Ll ���--%c��j��c / �"'`n"`• Address. /.4. .J �� Date. . . .? • • •k?. . . Tel ephho Pe. . .5. .5 . . . . . . . . . . . BY / . . . . . . . . . . . . . . . . . . . . . . . . . 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. . . . .. . . . . . . .. . . . . . . . .. . . . four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. NO.................................... PETITION ]0 BOARD 01; APPEALS LOCATION* ...................................... ....................... PETITIONER................. . ..... .... .... ADDRESS....... ......—.... ..................... .............. ................................. CONDITIONS .......................... .................................... ........... ......I. . .................................... ........................................I....................... ..................... ........................................... ....................... ................................... ........... ............ .........I.......I...................... cl" PETITION LION APPROVED.................... LID �3 DENIED..........._............ ❑ 1 ,I .............................................. 19......... LAND SURVEYING • CIVIL ENGINEERING PLOT PLAN OF LAND LOCATED IN SALEM, MASS. Lo+rd Loa 2 yzbo �s.F. t S t� - �. �r au`x J • e ia•I^1JY: k a ' i N� ,�". I►II i _ N . • .•. a R, t : sfAowalk I hereby certify-la-IkcLuso 'CZ, - - A %co^t R #Lf that—1-have examined the premises and all ¢r cr rocs : easements, encroachments and buildings are. located on the g9.Tyemorvl 0;h- Pbn www 4 �i'od +e 4howa�.-5irm-i- ground as shown. I further .. ._ an sits rark1116.ar'oa- _.. . _ .. .__. _ certify that the buildings show) bdor9i�.:(viaNr►ia'h . -::---._— .. _.:.._ . K�J•6a�o1'e' ,,wroLukriF' conformed to the dimensional zol SCALE: f"= 20 ' 16.5laws of Sm1cm, M&ss. when constructed. I fur'thew oRrtify DATE: DEC.•9, 19B6 that the property'li,not REFERENCE:DEED located in the Est blished•floo' BK 75(61 PG Z S PCA.J 9a 1340 ac, I hazard area. r•• � . This Plan has .been prepared for conveyancing purposes only for the above party, and is not be be used for boundary measurements. 1 40 LOWELL STREET 35 FOREST STREET PEABODY.MASS.01960 MEDFORD, MASS. 02155 631-8121 391-0655 �n��o� bnad ���oo� 0��oa�n4o�>, IInao LAND SURVEYING • CIVIL ENGINEERING PLOT PLAN OF LAND LOCATED IN SALEM, MASS. Lb+� Loa 2 14 , YNr , f. 2�z5�ory r6 Mp v I hereby certifyjg4keLuso --' Amrr;co<.{rr4;kW� that—I-have examined the premises and all proper rocs ; _. ., easements, encroachments and q9 ��� pip* ►nbuildings, are. located on the Tramoruf �f'. • pJ+dl` 4i +o chow �5{ya:rf- ground as shown. I further Ownar _ _._. an si{'o. rarki'N.,-roae ::::: :. . .._ _ certify that the buildings shows b�or9r2:.(riaNniaS K•4•S0%,a'0 ,Prrabu{srk conformed to the dimensional zoi SCALE: 1"= 20 ' X35+ L24E_._......._......_: . laws of Seakm,Mass. when constrticted. I further cRrtify DATE: DEG.9, 19G(o that the property ,s not REFERENCE:DEED located in the est bllshed•:flooL DrAnl SK 1340 PIS hazard:area. :.-. �r...::�F, . .•ae `•`_ This Plan has been prepared for conveyancing purposes only for the above party. and is not be be used for boundary measurements. sto e1.317 40 LOWELL STREET 35 FOREST STREET PEABODY. MASS.01960 MEDFORD.MASS. 02155 631-8121 391-0655 i w,ol 0 0 �T T� 0 0 I _ I , .._- -4-. i 0 1 iJ ® ;r I A w � I t3 I may; S l ~ I1 s t , c V t I i Ii o I A- ItSn t _- Erai s ... . _. :,.TH1fZCa:. LOO.fZ. ��T-GRIO..:.f f'P+RTMI::NT . - :;K:J." SAVOIE _ARCHITECT _ Ipswic}i;Massachusetts 356 7786 i. k , I i Q , N 0 �- �� I = IJ I v � m IV Ira i r wi e2 f'ree� _ �y revv�a ins Flom PLAN "(HIRp �I.ovtZ STUDIO APAKTMI=IST K.J. sAvoiE : ARCHITECT �.'Q!' 16 , �qq0 :qq YYla�V1f..CJI ...�J9�}yL.. ' . 6.(719y1vti?5 i OKIW . . Ipswich Massachusetts 356.7786 1 ' I J ► ! oo - �o , I _ L—LEa 0 I 1- I 4 zSi I -�- --i I _ - - --- - s_ s Q � I ► l -- —{.. j I i rt Ii 47 tat T're-mowl- 4:�frec- _ ��0 �'L�N jHIRD FLQDtZ STUPID AFAKTmelST K. J.' SAVOIE ` ARCHITECT 1/4u=.l=Q" f6. 19gP `1q.lYewiwlt.:_5f.:._9i+WL,.MF+r 6.blann�?S�ONMA' Ipswich Massachusetts 3567786 - �a��o� - band �3a�oo� C���o��nQo�a II©ao LAND SURVEYING • CIVIL ENGINEERING PLOT PLAN OF LAND LOCATED IN SALEM, MASS. Lo+� C.o42 y 7.'1 0 sw nnN • � 2�iS�ory U` Ut �Y$ M • w 00.C)9 P ' f.: a f •. tF Fti , �. siiiewall� Q M p v I hereby certify g4AtLus'o A,, r,k*. Cted;+LW; that—I-have examined the premises and all pr�� toss ; easements, encroachments and q9-TYaYnotvf' �'. '. v. buildings are. located on the Plpn me41`�c' fa show 0�-Ovee+ ground as shown. I further owner : _ an Bite,. certify that the buildings shows baer9�a::(viaNniaS -:— ---_.. _ -._ �C,�,�,��a� fkroluftzf• conformed to the dimensional zot SCALE: 1"= Z0 ' 13-5 =1q.1°�-.-----._._.-....._. , laws ofSn1cm, Mass. when constructed. I further certify DATE: DEC.9, 19G(a that the property's nc?t, REFERENCE bEEe located in the est blished--floOL B K 75(o l PG Z B s.. .•:a ` . Pra.J sK 134o ac, I hazard area. This Plan has been prepared for conveyancing purposes only for the above party, and is not be be used for boundary measurements. stopher ; E . 1 40 LOWELL STREET - 35 FOREST STREET PEABODY, MASS. 01980 MEDFORD. MASS. 02155 631-8121 3910655 ........... ......- I 7CISION ON THE PETT-TGN 7-- ll SA..i- PEAR:N3 ON THIS PE77TICN AA7. _!%i -TTP THE FOLLAWING BOARD YENJERS PREEEN71 P !CnAgE 1 . SINFAL . 2KAIRMAw EDWARD �KZINEKK WiCT CHAIRMAN; 11=� EIAREMTI SECRETARY, RICHARD PETONTO: MARv 3ANE STTRGW5LT 042 ASSOCIATE MEMBER ARTHUR Lq SRECTUE AND IDAN H. 37ADY . NOTICE OF THE HEARING WAS RENT TO ABUTTERS AND :THEFS . AND NDTICES WERE PROPERLY PUBLISHED IN THE SALEN EVENING NEWS IN! ACCORDANCE WITH MASSACHUSETTS GENERAL LAWS CHAPTER 40A . PETITIONER IS REDUEPTIND A UARIANCE FROM MPOEP TO A&K '&i lam` 7"t IN! f ow- It, yow 'N " -IIS X-1- ZDNE, 7HE YARIANCE WHICH PAS FEEN REQUESTED MAY BE IRAN= UPON A FINDING BY THIS BOARD THAT„ 1 . SPECIAL CONDITIONS AND CIRCUMSTANCES EXIST 'A HIO ESPECIALLY AFFECT THE LAND. BUILDING OR STRUCTHRE INVOLVED AND WHICH ARE NOT GENERALLY AFFECTING OTHER LAND. BUILDINGS OR STRUCTURES IN THE DISTRICT; 2. LITERAL ENFORCEMENT OF THE PROVISIONS OF THE ZONING ORDINANCE WOULD INVOLVE SUBSTANTIAL HARDSHIP. FINANCIAL OR OTHERWISE TO THE PETITIONER; 3. DESIRABLE RELIEF MAY BE GRANTED WITHOUT SUBSTANTIAL DETRIMENT TO THE PUBLIC GOOD AND WITHOUT NULL!FYING OR SUBSTANTIALLY DEMO G ?TT NG FROM THE INTENT 07 -HE DISTRICT OR THE PURPOSE OF THE ORDINANCE. THE BOARD OF APPEAL, AFTER CAREFUL CONSIDERATION OF THE EVIDENCE PRESENTED AT THE HEARING MAKES THE FOLLOWING FINDINGS OF FACT: L, VIVO, 76 ItsCIO- .............. ------- .........------------- ON THE BAS71 OF THE WOVE 77NI)IkAT 27 WCT AND DN TuE EVTDENCE FRESENTET AT �KE HEARING, 7HE BOARD QP APREQ.- CONCLUDES 19 9OLLOW0 ORR L . SPECIAL CONDITIONS EXIST ANKLA-e ..PECIALLv QF7= SUBjECT PROPERTY BUT NOT THE T_STRICT IN GENERQU.- 2. LITERAL ENFORCEMENT OF -HE DROVISIENS OF THE ZONING DFD INANCF WOUL13PINVOLVE SUR STAAi? IAL. HARDSHIP TO THE PET IT11CNE�--- Am I- 3. DESIRABLE RELIEF MAY 9E GRANTED AITADUT SUBETA NTIAL DETRIMENT TO THE PUBLIC GOOD AND WITHOUT NULLIFYING OR SUBSTANTIALLY DEROGATIN5 =ROM THE INTENT OF TYE DISTRICT OR THE PURPOSE OF THE ORDINANCE. THEREFORE. THE ZONING 1:_i i- GF QPOEQ�S VOTED THE VARIANCE REMUESTED SUBjEC7 -1 THE FOLLOWING CONK 2. 7.. 4 4 6/ 0 ofttlem, � uSSttCI�uSPtts peal AGENDA April 17, 1991 - 7:00 p.m. 2nd Floor - One Salem Green 1 . Petition of Hayden Safe & Lock Co. for Variances to allow their business to be located at 119 Webb St. (R-2) 2. Petition of Georgia Giannias for variances, including parking;to•allow two family to be converted to a three famil�a� 99 Tremont St R-2") 3. Petition of C. Jean Donoghue for Special Permit and/or Variance to allow construction of a deck at 83-83} Proctor St. (R-2) 4. Petition of Stephen Haley for Variances to allow property to be used for sale and storage of cars in the repair process at 2 Goodhue St. (BPD) 5. Petition of Arthur Emerson for Variance/Special Permit to allow height of structure to be increased at 83 Valley St. (R-1 ) 6. Petition of Thomas & Nancy Silva for Variances from any and all density and setback requirements to allow an existing above ground pool and to enclose an existing deck at 33 Beaver St. (R-2) 7. Approval of minutes as taped - March 20, 1991 Approval of minutes as transcribed - January 16, 1991 8. Old/New business For the BOARD OF APPEAL Brenda M. Sumrall Clerk of the Board 1 ��� flLitu Lif �IIICM, ��a5i5UC11u9e#fs - ` Boura of Au}Tettl . '91 MAY —1 A8 :33 DECISION ON THE PETITION OF GEORGIA GIANNIAS FOR VARIANCES CITY CLFR AT 99 TREMONT ST. (R-2) SAL` hl ? OFFICE A hearing on this petition was held April 17, 1991 with the following Board Members present: Richard Bencal, Chairman; Edward Luzinski, Joseph Correnti, Richard Febonio and Associate Member Arthur Labrecque. 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 from use and parking to convert a two family dwelling into a three family dwelling in this R-2 district. The Variances which have been requested may be granted upon a finding by this Board that: a. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or structures in the same district. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise. c. Desirable relief may 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. The Board of Appeal, after careful consideration of the evidence presented at the hearing, makes the following findings of fact: 1 . The property was purchased in 1986 by the petitioner as a two family structure, 2. Interior changes and alterations were made illegally, without legal permits to convert to a three family dwelling. 3. The property has been used illegally as a three family for at least three years. 4. Opposition was voiced by neighbors, abutters and others. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1 . Special conditions do not exist which especially affect the subject property but not the district in general. 2. Literal enforcement of the provisions of the Ordinance would not involve substantial hardship to the petitioner. 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district of the purpose of the Ordinance. DECISION ON THE PETITION OF GEORGIA GIANNIAS FOR VARIANCES AT 99 TREMONT STREET, SALEM page two Therefore, the Zoning Board of Appeal voted unanimously, 0-5, against the granting of the requested variance. The motion to grant having failed to garner the required four affirmative voted to pass, fails and the Variances are denied. VARIANCES DENIED April 17, 1991 Richard A. Bencal, Chairman 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 Mass. General Laws, Chapter 808, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Purruim' to .J�ss. General Laws, Cha?ter 808, Section 11, the variance or ?„ed.a! Permit granted herein shall not take effect until a copy of the cacision, bearing the certification of the City Clerk that 20 days have elapsed and no appeal has t+cen Ned, or that, if such appeal has been filed,that it has been dismisseJ or Denied is recorded in the South Escex Registry of Deeds and indexed under the name or the owner of record or Is recorded and noted on the owner's Certificate of Title. BOARD OF APPPAO c**j 1 %6 D r-r- > f'1 li vn l OD rn W m w