57-R TURNER STREET - ZBA -T
57-R TURNER STREET �?
MILLER WHARF MARINA -
i
ISI
I
.t
\r Ctg of "�alem, azo zel�ixoe##
Pourb of �yyzttl
DECISION ON THE PETITION OF MILLER WHARF MARINA
FO$ A SPECIAL PERMIT FOR 57 R. TURNER STREETl.a
F71.4 ..
A hearing on this petition was held on May 12, 19$�,;}w,itli -the.fohlb�)ang
Board Members present: Douglas Hopper, Chairman, Messrs. .Hacker, Piemonte
and Feeherry. 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.
The property in question is in an R-2 district. The Petitioner has
requested a Special Permit to (1) validate the construction of an addition
to a previously existing non-conforming use at the site; a snack bar, and
(2) to extend and modify this pre-existing use by allowing the use of a
different structure on the site for a dining facility. In addition, the
Petitioner has in its petition asked for a variance to "operate a full service
marina including floating slips, gasoline and oil storage and sales, marine
hardware and supply, haul-out facilities, sales, service, repair, and storage
of boats and motors. .".
The Board of Appeal, after considering the evidence presented at the
hearing, and after viewing the property, makes the following findings of
fact:
1. There is no dispute that for many years a snack bar has been
operated on a seasonal basis at this site. The facility operated out of a '
small building at the site and provided a limited amount of outside seating
both in front of the restaurant and on the pier behind the snack bar.. This
snack bar has operated each year from approximately May to October. Because'
of the nature of the structure housing this snack bar it had a fairly minimal
impact on the area. There were a limited number of seats within the
restaurant; thus, the facility had very few patrons during cold or rainy
weather or late in the evening.
2. In October 1980, without benefit of a building permit or a special
permit, the prior operator of this restaurant/snack bar caused a substantial
addition to be constructed at the rear of the property. This addition now
provides 32 seats for patrons.
3. The addition in question constituted a substantial modification,
alteration and addition to a prior non-conforming use by virtue of the fact
that by providing a larger sheltered restaurant facility patrons could use
the restaurant at any hour and in any weather. This has expanded the operation
of this facility to the detriment of the residential neighbors.
V�
DECISION ON THE PETITION OF MILLER WHARF MARINA
FOR A SPECIAL PERMIT FOR 57 R. TURNER STREET
Page Two
4. The addition to the restaurant has had an adverse impact on the
area by increasing both. pedestrian and automobile traffic, and by creating
noise, traffic, parking, security and other problems which have affected the
peace of the residents in this R-2 neighborhood.
5. In addition to requesting that this Board "validate" the addition
to the restaurant, Petitioner's Special Permit request also proposes a further
expansion of this non-conforming use through the use of a second structure
on the property which would house approximately thirty seats.
6. The Petitioner's plan provides no detailed plans for how the
property will accommodate the flow of increased traffic to and from the site.
This deficiency in the Petitioner's plan is particularly troublesome because
Turner Street in particular and this area in general simply cannot absorb any
additional traffic. Turner Street is a dead end street with a major tourist
attraction, The House of Seven Gables, on it. The street is adjacent to a
large and developing commercial area along Derby Street which is one of the
most congested areas in the City.
7. The.Petitioner's plan for this site fails to provide landscaping or
screening from area residences. The plan fails to propose any limitation upon
the hours of operation of this expanded facility. In addition, the Petitioner
proposes no improvements in the overall appearance of the property. The
property currently has a substantial amount of debris scattered about which
is unsightly and particularly unattractive when compared to the well-kept
restored homes in the area. Lastly, the Petitioner's plan for parking to
accommodate restaurant patrons is wholly inadequate.
In deciding a request for a Special Permit to alter a pre-existing non-
conforming use, this Board must apply the following standard:
Notwithstanding anything to the contrary appearing in
this Ordinance, the Board of Appeal may, in accordance
with the procedure and conditions set forth in Section
VII F and IX D, grant Special Permits for alterations
and reconstruction of nonconforming structures, and for
changes, enlargement, extension or expansion of non-
conforming 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.
DECISION ON THE PETITION OF MILLER WHARF MARINA
FOR A SPECIAL PERMIT FOR 57 R. TURNER STREET
Page Three
On the basis of the above findings of fact and on the evidence presented
at the public hearing, the Board of Appeal finds as recorded in the vote
stated below, (i) that the proposed use of the property will be substantially
more detrimental than the existing use to the neighborhood, (ii) that the
proposed use of the property will not promote the public health, safety,
conveneince, or welfare of. the City's inhabitants, and (iii) that the
proposed use of the property is not in harmony with the Salem Zoning Ordinance.
The Board, upon consideration of whether to grant the Petitioner's Special
Permit request, voted as follows:
Chairman Hopper and Mr. Feeherry voted to deny the
Special Permit. Mr. Hacker voted to grant the Special
.Permit. Mr. Piemonte.voted present.
Accordingly, the Board concludes that the addition at the rear of the
existing restaurant is illegal and must be removed. Further, Petitioner is
prohibited from expanding the existing restaurant into any other structure
on the property. _ _
With respect to the Petitioner's request as stated above for a variance
to operate a "full service marina" including sales, service, etc. , this Board
finds as follows:
1. This property had for some time prior to ownership by this
Petitioner been run as a boat yard. Petitioner provided aerial photographs of
the site taken in 1963 to prove this point. However, for several years prior
to the purchase of this property by the Petitioner the property had a very
minimal use. Those uses did not include, for example, floating slips, and
engine repair shop, the sale of boats or the like. Accordingly, to the
extent, if at all, that the property had a prior non-conforming use as a boat
yard, that use does not confer on the Petitioner any rights to use this property
as a "full service marina" based upon a claim of a prior non-conforming use.
2. Petitioner's request for a variance to operate a full service
marina at the site suffers from the same deficiencies outlined above in this
Board's discussion of the Petitioner's request for a Special Permit. Petitioner's
plan fails to adequately deal with parking, traffic or security issues. In
addition, Petitioner offers no proposals to minimize the effect of the proposed
"full service marina" on neighbors.
3. Petitioner offered the Board no evidence explaining the basis for
the Petitioner's addition of approximately twenty floating slips in front
of this property. These slips are not authorized by the Board's prior variance
DECISION ON THE PETITION OF MILLER WHARF MARINA
FOR A SPECIAL PERMIT FOR 57 R. TURNER STREET
Page Four
for the property next to this parcel nor are these slips otherwise authorized
by any provision in the Zoning Ordinance. The slips must, therefore, be
removed.
4. Petitioner's proposal for "service, repair and storage of boats
and motors at this site" fails to define where this work will take place, or
whether there will be any restrictions on the hours of such work.
On the basis of the above findings of fact, and other evidence presented
. at the public hearing, the Board of Appeal concludes as follows with respect
to Petitioner's request for a variance:
A. The Petitioner failed to establish circumstances relating to the
land or structure which affect that property but do not generally affect the
zoning district in which -the property is located.
B. The Petitioner failed to establish that a literal enforcement of
the provisions of the Salem Zoning Ordinance as applied to this parcel would
involve substantial hardship to the Petitioner.
C. The Petitioner failed to establish that the requested variance
could be granted without substantial detriment to the public good and without
nullifying or substantially derogating from the intent and purposes of the
Salem Ordinance.
Therefore, the Board of Zoning Appeal voted to deny the granting of
the requested relief, the Board denied a variance to the Petitioner in
accordance with the following vote:
Messrs. Hopper and Feeherry voted to deny the variance,
Mr. Hacker voted in favor of the variance, .and Mr.
Piemonte voted "present".
An hbny M`-F'eeHerry'; Secretary''is
COPY OF THIS DECISION AND PLANS HAS BEEN FILED WITH THE PURMNGR%&RD AND
CITY CLERK.
' 'I �--� .. •_r ._ ...,:..t, (.:. t7c= 1 /'„ESL,- / '_.;,._:..� _::c<:,:.;t
0.1,.:;,
L.AU ENT J. $EDjAJZ+
019-10
Ell IR B a (,••, .1
I. E r1 .2y , SIJ_ F.F,. 2U 'J'. u 'i :: :' . :.,T I r.,rr D171PT”' cG 'C,
JUT- IROPO^ T'f:.rl I T1G1`j•
rf) T1"1G1'1. I 7 p0,7? Q `"_ " ';. i. .T.. ,i LT i> V T..—i (;T ;:'c'1:- TI .T t r T•
f Gp !. rJ,LTL 1.-f i'if�.: Sl.f • � ,n o3.L'.L 1 ..rr
5'71
- n •y^Ir ��1._�1
r x l+ _
�Lr G r «-T x ' ir.x 11•� fr Till T P I.T. T
T'-( o,�r'1 T'rr rl t 3.� r ..._T 't'i T-. T C S C'•i.J� 'AT 1 �T' P11:'1>. Nrt-
'
BY ri' -1 -(,-J r'! -.:."fig'
OW!, T' t
Gmr
Gt G I � 3 JP G ? ' !T 2 n T Te OJ"a'TT,FTS" FTT
T r, TJ 'rr r .v F
z .• 1 fiL� Tu L lE 1r_:s /f 1 r , ^ i7'0 Pf,J•,CF PrjlrTlt a C fRn
1 C`t 't`♦TG LT,Yf77 ..t;. •�"�T(. 1=G IN, G111 OV � It s T10-vT }t"J1T111 :TJY TO 17. �
9 GT ,f r rc Cr Pl OPIIT 1T'7TTI tic Tx:t "U17"'MU17F 07 C.n T, "•" 7 T'OUL C.:T.z
ll)'D TO Tlutit '1 Gi3i;CL5 CO'`^r TTC C. T'A•,f
T E S I A V C >nA Gi' iT �r>1 .TTi r:Tr l lZ1! '+ii �'(G° A( T <'T( '1 . n T,,Z nv—rt
I f G 1
ll iTll 1. 1,�'t .:l '�I f fit T 07'� 1 , f
u G ' .. ��. ./. GJ 1 _KA i T'T'
I L :.S 1 y' CITY
In�f Ct' Cf l.:.`_ i4 ,.. _
C-R 171 A(i Gi' f Z Cd�R�^ ; �'-''U�1L LJ✓''G J:111'i(' -li .F''T� (7";l G':' PT'C)"11'!"' _- '::T^
LOCt_yl G'a ifiAT U ' OT 1GR4 P���i,}" C'l I'a I e !.17 l C 1+1
? E NOT G1'TT LOC 1,7C 0.1, ;( It 11CT1071 TTrr_rrr
$ = A:5' TRAT T'r]'_c' PJ T2•r_rirCrd TF T 2 i-TD-
PS Form 3800,Apr. 1976
CONSULT POSTMASTER FOR FEES
3xa IonH I
mD om mo
1 OPTIONAL SERVICES m
rn
n' iRETURN RECE!Pr SERVICE ti
Zy o_
'v
y m a m mi
n -n v^�j v„-„ TR'uLY yolm S ,
:3 o
MnAY alaO ��_ '�
/,� n oil a o r a n oC -�' `� D> .1�'I �t / I'i rTT . I�GPKn 1�1 �ran�Sn�tr
< t
m
o i/ I
A�f�rJf iJ J ry n rm- ® Q -
�1 I � Lam' I %
i
1 ].
r
..ma�yy
i
f� j.`r:.LZ'(il.� ��L%w/J G�C�-C,'G�-L�'L✓�� �L✓' / f ',G�-.j/LL% CI'4:--L� .
. ��� '— - ��.2 ��'-a:.� � .✓ii�z b`�' CL,(Z-yrs_ -
!
_ _
� �
`.
,• � .
� ��/�`�,
�� �� V//
� ._
� e � i
c
" 5. _
u� �
i a 3
i p
r
I
i
Bzz
-7A
J �
� .
/Zl
a-
, Jl J /1 c� it� J int
7
N�
�o�o r4jo
(91tu of '*aIC11 1 (flanmdjuadls
Iiuhlic 1rupertu ;Dvpartmeut
a,
p��Ml• o�"� )Buil Nu(j Department
R.T. McIntosh
(!)nr aIrm (Grrrn
7.1:,-OT 13
May 6, 1981
Mrs. Anna E. Lischynsky
55 Turner Street
Salem, MA 01970
RE: Jillians Snack Bar
Millers Wharf Marina
Dear Mrs. Lischynsky;
I sent Inspector Peter Grady out to look at the situations above mentioned.
Jillians Snack Bar covered the dining area on the pier.
Millers Wharf Marina covered the existing door openings so they could use the
area for storage of lobster pots. There is a stove inside which accounts for
the smoke that you saw coming out.
There were no permits issued from this office for any of the above.
Thank you for your interest in this matter and please let me know if I can be
of any further assistance.
Very truly yours,
' Jay UL �t.�,,.rl �`f. l•�� �.��t�t��
Richard T. McIntosh
Building Inspector
Zoning Enforcement Officer
RTM/kad
1 J/
c1 � 7 �' -
1
' 4
i
i ?�A
P ` i
v
-
a • ..0 . i'/2�'t� �r.-L!i 4�c�.. ,L��l->�-.-i:c�k'-.�,/^✓C�-i(��.-u— ._._._.
_ �� �X /�-`'c ^v. Ll/? ��� - ✓/-1-ti���'ijcE,C' .�v�li1c-o�-c�_ .,G�4+c1-�.�t-Y G�_...__ '�
i/�.tir,/��2Z7L �' ✓���GL.�-tt—[it-cr. [. E�u�?�-t� 2.E�/ -_ _ _ _
/ 1
h
i
f
� �%//� rr, --- ---2.�/ �t.F-_ G% ---o�_ .._.-/cJy�✓�. Zy---/�/,f---.Y'1/%�C-'�✓T/rt%l� !. -
a
c � -
of �&jjej j, 4)jja!55acjjUOetfs
Ilubtic ProFer# e�tarttnetzt
o
s'`�w� �°"'s �;ttillitt� �e�ttrtttten#
R.T.. McIntosh
O9nr _5AC11i O'irren
74.i-0'113
May 21, 1981 C
Albert Potoski
18 Brimbal Hill Drive
Beverly, MA 01915
RE: Jillians Snack Bar
Rear 57 Turner Street
Salem, MA
Dear Sir:
It has come to the attention of this office that you have constructed a room. at�
the rear of your snack bar without obtaining a proper building permit.
The property is in an R-2 zoned district and operates under non-conforming use.
(See enclosed copy of Sec. VIII paragraph E. entitled non-conforming use of structure.)
It appears to me that you have illegally enlarged your structure and you .are hereby
notified to take the action that is required to bring the property back to it's
original size and usF.
Failure to conform to the above may result in a fine of not more than $100.00 per
, violation (see enclosed Sec. IX paragraph B of the zoning ordinance entitled
Violations) .
Very truly yours,.
Richard T. McIntosh
Zoning Enforcement Officer
RTM/kad
enc.
cc Anna E. Lischynsky cc. Dr. Roberto Tassinari
55 Turner Street Miller Wharf Marina
Salem, MA 01970 10 White Street
Salem; MA 01970
of
Cti o Vublic 11ropertV Pepartutetlt
sq
�,M,. o� rtltilling �cpartntent
R.T. 13cIntosh
Otic ._5alrm (Grern -7-15-OZ 13
May 21, 1981
Dr. Roberto Tassinari
Miller Wharf Marina
10 White Street
Salem, MA 01970
Dear Sir:
In reference to my inspection of your property on 5/19/81, please be advised
that you are required to obtain a proper building permit for any structural
work that you contemplate doing.
Your further attention is called to the fact that a permit is required for
any and all wood burning stoves. (See enclosure)
Your present wood burning stove is not properly installed and does not have
the proper clearances and non-combustible protection. You are hereby notified to.
cease and desist using the stove until such time as you have obtained the proper
permits and have installed it correctly.
Very truly yours,
Richard T. McIntosh
Building Inspector
RTM/kad
enc.
cc Anna E. Lischynsky
55 Turner Street
Salem, MA 01970
Capt. David Coggin
Fire Headquarters
f cr�t7
,
4/
I
r'i - i
i 1,rrY
� J _ L'GY
ILI
d
" �- ./u=�✓U_.� / __ a.9� ,lG � 'n2 r �-='-Lt'r� 7 -r�`'�' '---� ' ! =s7 i
r ' 1
-__- � Lu�1-l'/.�/J- �/L'(/_. . C.�� _.'-.. _ L�L_I�K�INv•_�--.- ZQS_ J"�._- ...
�y
. .�ry�'h�'F��'�C �� / l �i��✓G2riL-J' �� �, / '� _ __./,1/�fil._ yr,t._�"...._�.__._-__ _
THE FOLLOWING
IS/ARE THE BEST
_. . .IMAGES FROM POOR _y
QUALITY ORIGINALS)
I M n 7
DATA
J •4
R4�".�y a•�N�Pfyr�i� �i4 ��w �N • h.x a � .l.A ���x,
x14tt,d+—'tik$It J'>Y '�'. -•a+1 f f:� k 4 . t} s �fi '�
w'f..vd- �1�4i �e.l.� R•
z ,S
iall,
`vv �w'y44'�'�'~�t{s� ''�—��✓r.- / � q 1 4 r�,i�.-,��'a�" l�m� 3"'La�,
a•#A�� a f l�'��.4 's'�t �%t l^:£M�' �S�t� a,wr^,r
1,474
111 1.
� t r.
EtfU ofttrPm, ca!5 jr
3� � ,�3' �ubii� �rupexf� �PpttrimEnt
Richard T. McIntosh
One Salem Green
745-11213 July 24, 1981
Albert Potoski
c/o Jillians Snack Bar
Rear 57 Turner Street
Salem, MA 01970
RE: Room on Deck over water.
Dear Mr. Potoski:
Regarding the room you constructed at the rear
of your snack bar, please be aware that you must
apply to the Board of Appeals for permission to leave
it, or make arrangements to remove it immediately.
Very truly yours,
r
C
Richard T. McIntosh
Zoning Enforcement Officer
RTM:dmm
cc: Anna E. Lischynsky
Dr. Robert Tassinari
n ,
��'� � �r'/ " �/ (,�Y,.L( '•1_-t.L�L�1�J /�ij�1 G4 r.� /.1Giiv, -
Ile
AI
/Ju c�7, '1 7
7E �Y' •- , r
`
/
�f r
�j -j -�-', � ✓!� � � - ��:Srl�-c�'-t �u Lig
/
' � r
�' ; � JCS• , � � , /. �
G "
"
-.e�,�tr�.^��
! a
� L
i
431 "A—G& r�/!-�.'.Li)�. _ � - -I CK �' .r .f/�� - =✓/ZL[�v;7r `,7 ..
/�Y
i
_ � o
i ! �
._ i - -L"��E�L._r,C:J� .._L �✓_.�-y_Y""�/ _�lj`�/"'�'i'?�(�. �/`L�� ..�l..i/:�✓/rJ.._ ___
---
y ,.�0,11DIU of '��alem,
Public Praperig Peparimeni
1 � `� �uilaing �e�sarimerci .
j
Richard T. McIntosh
One Salem Green November 9,1981
Salem, MA 01970
Albert Potorski
D.B.A. Jillian's Snack Bar Re: Room on Deck over water
R57 Turner Street
Salem,Ma 01970
Dear Mr. Potorski:
You have not responded to this Department's requirement to
obtain the Board of Appeals permission to allow for the above
referenced room, nor have you removed it.
- You must remove it immediately or further action will be taken
by this Department, through the Courts to for whatever action they
may determine.
Very truly yours,
Richard T. McIntosh
RTM:mo's Zoning Enforcement Officer
cc: Dr.Robert Tassinari
Anna Lischynsky
e -7
r
L - C�q .
/i
i
r
42lzL—` � �. Fsc Cc ZL
F
LTt?,.'>L
1 �
s
'A
rC:Z, >Z7X4
At
/•l C% '.r � tfiYl' ��c Lt= , L > � :.c CC Ca/L�. . ICC•,/
ri- C_!—rs[h2 :� i c ✓�<_ tc
c
ce--"
, ti
°� .
-,1
- '"T;LCA-�- ,�' Li.!=C ,?'-C _ _,iJ_,..i.L- '� !`�.�.__. �" _ ,,� / /l:?�r� LL'/ C..-�T'�f � _
./-•/ �v_1�,n.a(/.L.//- .�6L11-� .C�:C. -C<�?'FLE. .��C� �C'J'ltL -C..�.:.1� /'�'->'r�1�li.-�^�'
�i.c� .t.fu z� ;C.�Lt _�/-fc c.L�Cc�:t�� .�-; '��c.0-�� G'.�'�E.._ - i��.'_7 i.•r.s _
/ � ` ` �'..�2�
/l !_��^, ,i � -JC rte'moi/' ! ci;- ��� ,`�;. �is_� Gc-Clc..7;�y
' d - �-
�i /' /. �
r� �,
.. � � - '
/ .
U W.
. .. .. _ ._
.. .,.
t
F
I
3J:
SZ, i v� ,ystj`1TSv�2;✓1 ten,_
wrl� e
Y
To
IT
z ,
iy $ k i
XTm
i >ia5r ,s..''3X'
T TT
'� t
p� T
�.�hxh� [Yy�`21y(+sk"h- � •> vT�'^��L`isr'i.�-,d
.s"�
47,
T��'ker'L"�
44
" �„ .+m :.�.�.F t� +�h eL 'J� � 4_t`'.�#/ rl._� / �✓/
t
'R Y �"It
d
121,
.a i .
`1f.•� "� � �r�f�1 _ ; L 7"R+� lj h .1>�f'�y��r h(1�. �.ri
X a
',f r
A
ds
�? �_,,..,'•j a .r- �r r ..Si -"a est t s �
!� r
x
t c ar'j a•F � d �' w � � / �
rc_ _
501
r -Inv
H fla
r
-A-V"yu�:
.✓ � (� �L Py�4��p
<}
r.
1 y,
'R 6�isw t 2
I
1 �
w�.
1
N fiN j
r hR
t,h,r ) �y>'. �T 't 5�✓�a nr�}�ht4x��x�xxT9'+i. Stiz w''- a �n,�,f� �
yt° w.? rtc,^� f' P',°6�"i't���� �s&.�' fi��� ^a a�;t✓r�h P.
IT
OR
'>f3,�`c { v2�...
I
1
r
IUI
VVjj )
Y
t,�Y � "r
r,
.• rj s p. rtti',
[ 1 ♦ K' ..y 4:..
:F' #:
3.,�+' _l �S'E ' � �` "✓ •mss
}
,per_ s� •4` ^ .fit �tsaC c n
IT011.M,
e;
ew4h fv T N At 4 � �/ 4tfi�y.:
✓. et
1
��.� ,� .�
"Wl
27
e.�zh
�° t`a :�' -,� ?y v. �r `�{ G r a x 1 tS'. k w r, y�r•(1
A
as ti�a � �
Y 1
Tr' -• ' � r" ��e "��
-0 l'
-An 14
1
Y�-
r
We have had many years of experience in the food
business serving the Public. We will execute all this
knowledge and experience so as to be a credit to the com-
munity and the city.
This is an existing food business. It was
approved by city departments. 'Ne are new owners. It is
our desire to be good neighbors and conduct a good business
to be a credit to the community and the city of Salem.
We now have financially heavily invested into this
establishment so as to have made vast improvements. every
effort will be made to conduct a respectable eating place.
If our request is granted to the adjacent building,
added improvements will be made, such as all business will be
operated inside area. Tables in yard will be eliminated so
as to use dining room inside.
In adjacent building there will be toilet facilities
installed within according to state plumbing code for customers
and patrons and employees of the neva Lobster Wharf Ltd.
Thank you.
�l/.Irv-u�.►,. �ae�ivu.a,
Kardaris
Michael Purcell
.rf
May 12, 1982
To: The Board of Appeals, City
�off_►SSalem
From: Bradford C. Northrup.
As a resident of 49 Turner Street and an immediate abutter to the Miller
Wharf Marina, I am in opposition to the granting of a variance to the petitioner
for the purposes requested.
I am not opposed to the land being used strictly as a marina provided
the following conditions are met:
1. The appeals board determines there is adequate parking to
accommodate the additional cars brought into the marina as
a result of this expansion. During the original application for
a variance to establish the marina in 1975 the petitioners stated
there would be a minimum of 130 parking spaces and a maximum
number of berths of 110. What is the current number of berths,
how many parking spaces are there currently available and
what is the effect on parking of this expansion of marina
activity? The Board should demand a site plan with the parking
area designated. Keep in mind that throughout the summer there
are boats under repair or in storage on the land so all space
is not available.
2. The entrance to the marina be only from White Street and the
right of way from Turner Street be closed to the public. For
those members of the Board who are familiar with this area, it is
clear that Turner Street cannot absorb any additional traffic.
An entrance to the marina from Turner Street will lead to increased
congestion as marina users park on the street or at the House of
Seven Gables and walk into the marina. Turner Street as a dead
end street with a major tourist attraction (The Gables) and
adjacent to a large and developing commercial area along Derby
Street is already one of the most congested streets in America.
It cannot tolerate additional use.
3. The petitioners be required to submit detailed plans for all
uses of the property. There has been reference to a motor repair
shop in the building adjacent to my house. Will the building be
expanded? Will this activity be noisy and unsightly? In other
words, will this or other activities be compatible with the
residential character of the surrounding land?
The Board of Appeals, City of Salem
May 12, 1982
Page -2-
4. The marina should be required to complete the landscaping and
screening from the residences that they provided during the 1975
application. This work has never been done and some of the
neighbors, particularly at 47 Turner, have found people from
the marina walking through their yard and have lost privacy
as a result of no attempt to landscape or: screen marina
activity. This promise should be kept.
5. There should be no variance issued for anything until the
marina complies with the fire regulations. It is inconceivable
to me that the city would allow the slightest relaxation of
fire rules to occur in this, one of the densest of residential
neighborhoods, when a bad fire would result in incredible loss
of property and possibly lives.
I am absolutely opposed to the variance or special permit allowing the
operation of a restaurant, as is proposed. This is totally incompatible
with the neighborhood and in no way necessary for the successful operation
of this marina. Consider the following:
1. What is the additional impact on parking of the existence of
a public restaurant? I doubt there are barely enough parking
spaces now for the boating activity and to add the additional
use of a restaurant would certainly overwhelm the neighborhood
with more cars.
2. A restaurant is the last thing the neighborhood needs. Within
a three-block radius, the users of the marina have their choice
of at least half a dozen restaurants and bars. The neighborhood
is already reeling under the problems created by this diversity
of restaurants and bars.
3. A restaurant and bar will alter the character and hours of
operation of the marina and bring a late night, sometimes
drunk, and noisy crowd to the neighborhood. It is incompatible.
We don't, however, have to speculate about the negative effects of a
restaurant and bar because we lived with one last summer because the owners
of the marina illegally expanded the building on this land and created a
substantial sit down restaurant where alcoholic beverages were brought in
by patrons. They attempted to get a liquor license in 1981 but the
licensing board rejected this after the neighborhood turned out inforce
to oppose the request. This, by the way, was a license being sought for
a restaurant on property for which no variance had yet been obtained or
no building permit issued! Last summer all the problems I mention above
were experienced. In addition, no restroom facilities were available at
the restaurant so people were urinating in the back of our homes. Trash
problems were apparent also.
The Board of Appeals, City of Salem
May 12, 1982
Page -3-
The only traditional use of this property has been a snack bar with
very few tables and never any alcoholic beverages. It is questionable that
even this non-conforming use should have been allowed. The marina does not
need a restaurant to exist -- it does not create a hardship on the marina
not to have a restaurant and it does create a hardship on the neighbors.
No expansion should be tolerated. The addition should be removed and the
food dispensing activities reduced to an appropriate size, preferably a
coke machine.
r
May 9, 1982
Board of Appeals
One Salem Green .
Salem, MA 01970
-Dear Sirs :
As I am unable to attend tonight' s hearing, this letter
serves as a protest against any expansion of the snack
bar at the Miller Wharf Marina.
Currently, the snack bar attracts pedestrian traffic, much
of it coming from those visiting The House of Seven Gables.
Although sometimes bothersome , this level and type of traffic
is tolerable. However, if the snack bar is given permission
to use the land next to 55 Turner St. as an automobile en-
trance for restaurant patrons, it would greatly incVehidi
the congestion at that end of Turner. Street,and, correspondingly,
the level of disturbances.
Therefore , as a resident at 53 Turner Street who cherishes
the relative peace and quiet currently afforded at that end
of the street, I strongly protest any expansion of the snack
bar at Miller Wharf.
Sincerely,
Gary ,�l. Bert
WILLIAM B. LONGVAL JOHN L. HYLAND, JR.
LONGVAL AND HYLAND, REALTORS
60 WASHINGTON STREET
SALEM, MASSACHUSETTS 01970
TEL. (617) 745-4900
May 11, 1982
Anna Lischynsky
55 Turner Street
Salem, Massachusetts
Dear Mrs Lischynsky,
This letter is intended to confirm an experience which
occured last year during the Month of July and is written
in response to your request to do so.
While sitting in your living room at 55 Turner Street,
I witnessed a man about 20 to 30 years old come out of the
small restaurant close to your house on the waterfront and
proceed to the side of that building to urinate. This hap-
pened in broad daylight.
I recall that I suggested you Brite to the building in-
spector to find out why there was no facility inside the es-
tablishment.
If I can be of any further help in this matter, please
contact me at any time.
Yours truly,
William B. Longval
WBL/cl
April 28,1982
Board of Appeals
Salem, Mass. 01970
Attention Board:
We are opposed to the expansion of the Miller Marina at the foot of
White Street for the following reasons :
Expansion to the Marina at the expense of the abutting neighbors
and their well maintained properties is a gross violation to the
rights of the property owners.
Expansion to the marina would have a negative impact on the
neighborhood which already suffers from the lack of parking spaces
for the year round residents, let alone the clientele that already
uses the facility. The egress to the Marina is on a short and
narrow one way street, the pressure of additional vehicles on this
short street is not advisable.
Trailer trucks measuring in length to 40 feet that service the
marina and careless in their disregard ,for the properties and drive
their vehicles onto the sidewalks , helping to destroy the sidewalk
along with the foundations to the homes and also destroying and
removing street signs that were put up to alleviate the congestion
on the street.
In case of a fire our properties could not be saved because of the
congestion that already exists on the street and on the property
of the marina. It would be physically impossible for fire trucks to
handle a major fire in the area, and this is a serious worry and
constant concern to the neighborhood.
Vandalism has ®scalated in the area, the Marina does not prohibit
outsiders from using their property , consequently day and night we
have traffic on the street checking out the marina as well as our
own properties. We have lost summer lounge furniture, and our
cars have been vandalized to the cost of two hundred dollars. Attempts
have been made to steal our vehicles that are parked in the yardi
behind a fence and. .gate.
We have experienced a serious health problem as a result of poor
control of the dumpster at the Marina and adjacent restaurant. Last
summer rats as large as cats were coming up the street from .the
Marina and Mrs. Frank Konieczny had to notify the Board of Health
when the rats were sighted in her yard and adjacent properties. Not
only do we have a distaste: . for rodents but for a --period of time
we did not feel comfortable enjoying our yard because of this infestation
in July of 1981.
I
I
Alice M. .Jordan (Property owners).
Dolores Jordan
. 97 Derby Street
Salem, MA 01970
;rt-.146
00•
• LD� -
-
•
•
�.
_ _ . - - - ------ ---- �- --- __ ._e.. ._ _ •
•
�.
" r�
_,.,.�. �
�..
�-
-- - -- -
.- •
•
- - - - - --
•_
__ --�-
•
�.
- --_._�_�� -- --- ------i:-
� -
--- - - - _ _._T
•
f
:.
Z
in
,.
-• ��� Ile
104 •
04
f
•
a.
•
s
"
�kf e4 ♦ e '�� k x}s i, r xu �.Fn my- _ yak s1 `�'^ ?;i
RV
b
SA4y', :MASS 01970
b APRI V 8 , 1982
RE t t.I LIEF 'S WHARF EETI TI ON
A',s'A E - LISC• YNSKY
i.T DI ATE ABUTTER
19
f
vii. E 's' TIS DR 'S TASSII9AP.I. & BUREIt Al'I''LiED FOR A VAkIANCE'AT 1.% Wf,ITE
STREET THEY PROiu'[ SED TO BEAUTIFY TIT AREA WITH SjyUBS .ETC . AND .TO MIR-
ATE
PERATE THEIR BUSINESS IN A FIRST CLASS I'AANNER. ONCE THEY GOT THEIR F061-
111
OOTIY T3-:E DOOR IT'S BEEN A DOWNGRADE EXISTENCE.
PAST Iff STORY SIIO'NS' THAT-,ThE LAST T'W0, SNACK BAR OCCUPANTSAT ,57T .TURNER
STREET CONDUCTED THE BUSINESS IN COWL -FETE VIOLATION OF THE R2 ZONING LAW.';
NO VARI AIlCE WAS 'EVER GRANTED TO EITHER INR- -SUSLAK OR THE DOCTOR 'S FOR "_
2. POTORSl� TO OPERATE Tilt SNACK BAR :;
IT NAS, OBVIOUS THAT .THTNGS DI"DN'T RING TRUE TO ACTIVITIES GOING ON VET}I
OUT PER&TTS OR VARIANCES THAT WOULD ', PER hlT THAT WORK TO"'BE DOlt-
PREVI OUSL-j h;AI LED LETTER S TO THE .BUI TDI NG I NSPECTOR, ABOUT TE VARIOUS
SITUATIONS BROUGHT: NO RESULT`S.. ON OCTOBER 6, 1980 Bit FOTOR,SIE.I"LLEGAILY ,
CONSTRUCTED A ROOM AT' THE REAR �OF THE SNACK BAR EXTENDING ON :TO THE' PIER . '",,
HE NEVER APPLIED TO THE'. BOARD OF, APPEALS FOR THIS EXTENSI ON.i i
4„
BUSINESS OCCUPAPtGY AT 57r TURNER STREET IN VIOLATIONrOF ZONI10 LAWS WERE
' DRAFTING-BILL'S ,'KUSTOM UPHOLSTERY—STORAGE. OF BOATS, WITH THEIR OWNERS�WORK..:":=
ING ON THE BOATS CREATING DEIBRIS WHICH IS -LEFT,TI?ERE, AS WELL'AS AI.7AWING
THMIR DOGS TO ROAM FREE TO CREATE WHATEVER hi SS WAS NECESSARY.. ON P'lAY 6
and 7th THURS. ' & FRIL`AY LAST I TRIED TO REACH jot , BLENKHORN BOARI OF ,
# hEALTH , WITHOUT. SUCCESS, TO POINT OUT TO HIM HUMAN BOWEI, hiOVEbENTS`'SiNC€ '#
No `i`.OILET. FACILITIES,. ARE AVAILABLE THE STENCH 1.S '81CKENING AS WELL AS °;A„F';
` AN ATTRACTION FOR ALL KI NDE" OF BUGS: FISHERMAN REPAIRING LOBSTER TRAPS I$
” _E REAR GARAGE , ,CREATING A FIRE HAZARD , WITH THE USE OF A WOOD BURNING
STOVE AGAINST ALL 'FIRE REGULATIONS- ALL THIS WITHOUT. FERhlTS-.OF ANY
J
THE SNACK BAR ITSELF IN: THE PAST HAS CREATED AN
EXTREI/ELY EAP,;RUBk8H a
AN", DISPOSA PROBLEhi, , AS 'WELL AS TOILET FACILITIES WITH PATRONS URIP2pTTIdG „ =:.
BETWEEN .3'OATS ANO UP AGAINST THE SNACK BAR,, WHICH NECESSITATED CORRE
ECSION
DENCE' WITH THE BOARD OF HEALTH. LAST SUNIh'¢,R, * ,o POTOR$KI , OPERrATORr OF
THE SNACK BAR IIS A FIT OF ANGER THREW EGGS AND SAUSAGES AT ht HOUSE.
R. POTORSIl ALSO APPLIED FOR A HALVE AND isALT LICENSE AND ON ` MAX 5 . 1980
FETITIOid,. l.S DEkd D FOR, REASONS HEARD AT TIIE HEARI.NG.. ,;REGARDLESS: PATRONS,:'
BROUGHT 'AH`EIR OUN ALCOHOLIC, BEVERAGES WHICH THEN CREATED EOI,STEROU$ ;EEHAVI ( #
.. a .y .•
AND NOW . TO ADD INSULT TO .II`MURY , THE BUILDING INSPECTOR , ,FULLY `AWARE OF
EXI STI Id% "FROBLElS'; HAS ISSUED A, PER trI T ALLOWING NG TWO WALK'I N FREEZERS FOR
WHICH THERE 1 S NO SPACE. AVAI LA BLE I N BUI LDI NG I N' EXI STENCE. HOWEVER ,
CONSTRUCTION HA.S : AIREADY STARTED ON AN ADDITION TO THE GAR AGE `INCREASE NO <>
THE LENGTH OF THE BUILDIIti'G OF, WHLCH NO PER1rI[T WAS: ISSUED: "FRONt WHAT I SAW;;..
THE StdACK BAR I S.:NOW LOADED WL TH STOVES A14D C OOKI'NG `UTI N81 LS HlI:Th NO PLACX_':
FOR PROPOSE] PATRONS. THE ROOM; IN ;BACK .OF THE GARAGE IS STILL ILLEGAL AIYD,S,
1HE AI:E NOW HEADY TO DO A RESTAURANT BUSINESS INA COTTAGE THAT WAS O1�E
A SUMtR RESIDENCE ONLY.
SI NCE,THIS APPLIC ATI ON , .APRIL 14 , 1:982 TO.THE BOARD OF,, APPEAL$ :`'A WOODEN', `•
AnLI:TI ON HAS ;,BEEP AtiEED TO THE WETAL` GARAGE. HOUSING THE SNACK BAR , TABLES a
a
s ) f l t•.. on v
a
nE� PILLM s WHARF PETITION . PAGE 2
AND CHAIRS All SET UP 1N Till; 'COTTAGE , FLoRkSCENT LIGHTING INSTALLED IN
T-HE REAR GARAGE , Atilt TI NAL LIJ IMER BROUGHT 'IN FOR. WHAT EVER NEED 'BE DONE
t I T SEEMS, SI NCE i4LL THESE AC TI VI TIES AND CHANGES; ARE, BEI NO
MADE THERE
SEEDS TO BE LITTLE NEED FOR HAVING A AMETI NG , i SUCH AS TRI 8, SC NCE THE
OWNERS AND ACCUPANTS, ARE GOING TO DO WHATEVER THEY WISH WITH OR '1D TH OUT
� _. FULL APPROVAL.
I HAVE. ALL CORRESPOAVENCE TO DATE= TO ,THE BUILDING INSPECTOR , HEALTH DEPT;
AND LICENSE k BOARD �ta� I NDICATI NG C ONTI NUOUS liTTEB4PTS TO ACC OGIP=
-- �-- .
LI SH SOMTHI NG THAT IS NOT IN Tim BEST INTEREST OF TURNERSTREET Ai3D
NEIGHBORHOOD:
,X iRRNTING 0 : SUCK `A
EACH LETTER. PEA RSET WOULD ONLY ADD TO THE „PROBLEliS INbICATED IN,
%ir;In
z.
.r
f t
h of t„
r ,.
4 t�,
WILLIAM B. LONGVAL, JOHN L. HYLAND;JA.
LONGVAL AND HYLAND, REALTORS
- 60 WASH'1NGTbk .'STREET
SALEM, MASSACHUSETTS 01970 `z
TEL. (617) 745-4900.
- }n
IT
May 11; 1982 , ?
Anna Lischynsky
55 Turner Street `
Salem, "Massachusetts
,,,
Bear Mrs. LisehynskY+ o'`
This letter is intended to confirm an experience 1"011 ch
occured last year during the Month of July and is written
in responsd to your request to do so. N*`
While sitting in your living room at 55 Turner Street,
T. witnessed a man about 20 to 30 years old come out of the
small restaurant close to your house on the waterfront and
proceed ,to 'the side of that building to urinate. This hap
pened . n broad daylight.
I .recall that I suggested you erite. to the building in-
spector to find out why there was no facility inside the es >J
tablishment. -
If I can. be of any further help in this matter, please
contact me at any time. :4
Yours truly,
William B. Longval
PJBL/cl
t
J.
J,
TiatU of ` ajem, 4ffl assar usetts
� ! oarb pf
Appeal
lO1IlA4.CD
March 16 1982
Office of the City Assessors
City Hall
Salem, MA 01970
Gentlemen:
I would appreciate having a list of abutters for the
following properties for a public hearing scheduled for April 28, 1982.
Please forward said list to Claudette Martineau,
c/o Salem Planning Department, One Salem Green.
ADDRESS OWNER
57R Turner Street Tassinari & Burba
62 Jefferson Street F. Robert Ruscio
Thank you for your cooperation.
Sincerely,
Claudette Martineau
r r t 3
. T '
W
e1
e �
1
rtA
JA
t rt
A
Pf
I AY
, 1
•
1
6 9 ^ (1 l f• f
1 1 L[ IL � � 4. • {
..- d ". � f .'tom` a 'R<. i'{ � + '!•�
t a
• •. .- .2� � Sri '
4
J94VF` YrtJWrWiSf✓f�` '4tldSmlNtSalWftP'hr6 14RW8 'YmadoN,`F• M%�IRWRR�
} ♦ a f
17
d
O i j,� !^I. Y -. Kr ,� a L.a a m . E .'.♦ < -
i 3 Ya i's vM ,¢,,,Fri r ° ✓' l > - s '.
u MS,e .•?i a ! +>�``«.t/.`^,^..�....4. :r<'i.--.T„nsir. ..:t-weh--'-if-. �-.r= ww 1 . � ,
xwxx "P` } w'y S�'�^�"t r t s r *� � d� r t t� 1. i M• :,2f t ,9
}� V �R �. d =° a�; s ..,y � -x it %%:1��: t.ry.., r,-.w� J�- ♦ .. .x � ` .k , - ...
v^ p
im 134 ark., ' Y iy iM.'4,e
t r"t , x p r r r..•; _ -Y}, Y t� i, .a. �
�_ ..� c� � r a A�a e i x i;✓:yip �y4 k` d Y ^��IY 4r��9t i f' t e " ,r } s .. Y kt i,
T Z
- r "` ♦ r'_-,`� 4 ♦�'r sa+i z- :..,,""*...�...-L..,9-q � -. .:,:yn.-`*.�-w;, w v' �:> _ "4"
i
•.. 4'�~r .f y wYl { • i �..t^euu.y.��:ry,. "r'""h`.tR"'aT `yyrvrw�+. "M+
F F, wr aJ v r. .. JiF "i,F y r. a ' a/-�Yy'� } ♦ j
r ' ,. rr3, � ,.-..� 43• 'r.•m- vry f+Y. } a._y.._
f
.. r j "i '� 1 .♦ 1} �� � F, .. a r � - M1
• F • "y^r ; r �„.w...-f-a k r.w.,.ry ,.,,.,prt.. ..N3` � �Y� � @ .., . ,r{h k
J3 ♦ � µ iru4l' L rrv\ r n, K��yi ` yt.n �.a...rY,4.. n.r rvT"+.C..L �.e+Y 4..A� y
' . . r'� t ♦r rsF�'k �i 1 ,,,,r,}} k�.- J'""7^'a '`�.t x '. .. � � •' Y 'x- R S , F ,
I Al
of
- 4 yx kra ,�4♦� r � � � 1�. .Y qF � •LM a x
}{ r
ft
fe
• , r .� a V . � �M. s'. c : j Y c..'.�4-' ,'`Sr-^,f�F��l � ,p
- r 1 F y .��.,Tf. y ♦>�.:1( +....,ii �.. 4 .LL H-.. :., . x-, „k. «»++t«.*-.'.'w'-•'r-m«-�r
r
e
•r
, « - { :r h.L.�.nYw.,n.Pr• T'r ,n,;n -r }~ p... e .r1[+Y*r< r i..-$.' 4� }
X }
' >i'�PFF'fi.'c.�',4CaMI0.%1'a�4R4!{MRV<.•f�^.,.' MioIY."AtlWY.s.N -:•'
•
i
J}
w _ _1_ _ I
Ll
f _J
� I i
I {
{ _
:
l
— .. p
{
Fill
OF 914
l - _
L
7
I
r
,
-
.
f
•
c -
,
I
-
•
r
' : Vit, I��K� ��`�', _�j=-;�� � i '�� �;�=��•}_ . I I `�� `'�
f,TH MAS
R.
_ - -
LcJ
e
STS1 , 1 1 / PKIN
i
0A r iA S, 1402
, � _n+r.+i�,��.�r� ..,,aero .rW.�r •—n_r.�.rw•.•+4—_+ .+^4 - - _ J..........._._.._— ...._.r._..v_�_._. - _-
�� •ter_._..T-r+..:+__ao_�___.._�_�.—.,— -r.
__.,._.._:_—...-r•tir..r.•._�rw•+_.___.+....._...._♦r � _ sa__._..�__•_—...__a�_w,r.__..�.•.•n-�i.r___,_ .+._,• �..�__-�.�,_sir..+-r-_.+-•-_..._...u_ry—._�___..-