60 WARD STREET - ZBA 160 WARD STREET R-3
Raymond & Charlotte Noyes
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CITY Ci S,,LFN. MASS
CLCRK'S OF FICF
DECISION ON THE PETITION OF RAYMOND & CHARLETTE NOYES FOR A SPECIAL PERMIT
AT 60 WARD STREET (R-3)
A hearing on this petition was held January 21, 1998 with the following
Board Members present: Gary Barrett, Chairman: Nina Cohen Richard Dionne
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.
Petitioners, and owners of the property, represented by Attorney Athan
Vontzalides are requesting a Special Permit to allow the expansion of a
nonconforming use and structure for the property located at 60 Ward Street.
The property is located in a R-3 district.
The provision of the Salem Zoning Ordinance which is applicable to this
request for a Special Permit is section 5-3(j ) , which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the
Board of Appeal may, in accordance with the procedure and conditions set
forth in Section 8-6 and 9-4, grant Special Permits for alterations and
reconstruction of nonconforming structures, and for changes, enlargement,
extension or expansion of nonconforming lots, land, structures, and uses,
provided, however, that such change, extension, enlargement or expansion
shall not be substantially more detrimental than the existing nonconforming
use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit
requests, guided by the rule that a Special Permit request may be granted
upon a finding by the Board that the grant of the Special Permit will
promote the public health, safety, convenience and welfare of the City's
inhabitants.
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, to the
petitioner.
DECISION ON THE PETITION OF RAYMOND & CHARLETTE NOYES FOR A SPECIAL PERMIT
AT 60 WARD STREET, SALEM
page two
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C. Desirable relief may be granted without substantial detrim6ht tp the
public good and without nullifying or substantially derogatin fxomuthe
intent of the district or the purpose of the Ordinance.
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The Board of Appeal, after careful consideration of the evidence-&esgeted,
and after viewing the plans, makes the following findings of fact`.^ CIO
1. Kevin Mahar of 56 Ward Street initially opposed the Petitioners
request, but after reviewing the plans Mr. Mahar withdrew his opposition.
No further opposition was made.
2. Speaking in favor of the petition were:
Richard White, 18 Friend Street, Beverly, MA
Linda Kent, 56 Ward Street, Salem, MA
Timothy Banas, 56 Ward Street, Salem, MA
Shetland Industries, 27 Congress Street, Salem, MA, represented by
Mr.Thomas Kent.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property
but not the district in general.
2. Literal enforcement of the provisions of the Ordinance would involve
substantial hardship on the petitioner.
3. The relief requested can 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.
4. The Special Permit granted can be granted in harmony with the
neighborhood and will promote the public health, safety, convenience
and welfare of the city's inhabitants.
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the
relief requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statutes, codes
ordinances and regulations.
2. All construction shall be done per the plans and dimensions submitted.
3. All requirements of the Salem Fire Dept. relative to smoke and fire
safety shall be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any
5. Exterior finishes of the new construction shall be in harmony with
the existing structure.
DECISION ON THE PETITION OF RAYMOND & CHARLETTE NOYES FOR A SPECIAL PERMIT
AT 60 WARD STREET, SALEM
page three
6. A Certificate of Occupancy is to be obtained.
7. A Certificate of Inspection is to be obtained.
Special Permit Granted
January 21, 1998
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
MGL Chapter 40A, and shall be filed within 20 days after the date of filing
of this decision in the office of the City Clerk. Pursuant to MGL Chapter
40A, Section 11, the Variance or Special Permit granted herein shall not
take effect until a copy of the decision, bearing the certification of the
City Clerk that 20 days have elapsed and no appeal has been filed, or that,
if such appeal has been filed, that it has been dismissed or denied is
recorded in the South Essex Registry 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 `� m
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Timothy M. Benas
56 Peabody Street, 4E
Salem, Massachusetts 01970
(508) 745-0974
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SHETLAND PROPERTIES, INC.
27 CONGRESS STREET
P.O.BOX 986,SALEM,MASSACHUSETTS 01970
978-744-0556 SALEM
781-289.2506 REVERE
781-596-1186 LYNN
978-744-2078 TELECOPY
SHETLAND PROPERTIES SHETLAND FUND
OF SALEM LIMITED PARTNERSHIP LIMITED PARTNERSHIP
SHETLAND INVESTMENTS SHETLAND FUND II
LIMITED PARTNERSHIP \ LIMITED PARTNERSHIP
January 19, 1998
To Whom It May Concern:
Please be advised that neither Shetland Trust nor Shetland Harbor
Trust object to the proposed improvements relative to Essex
County Craftsmen's expansion plans to add a second story, thereby
providing offices for their business.
Sincerely,
as J. Kent
Managing Agent
TJK/dr
56 W4= s7R5£7, 29
Sfi<L'c`N, X4 01970
January 20, 1998
To Whom It May Concern:
I have reviewed the plans for the addition to 60 Ward Street in Salem and see no problem
with them.
Essex County Craftsman has been my neighbor for the past 13 years since I bought my
condo. I have found them to be an asset to the neighborhood in both their courtesy and
helpfulness.
I hope you will allow them to proceed with their project. If you have any further
questions,you may contact me at(978)745-0254.
Sincerely, ,/ '
W'.za �(�
Linda Kent
The Irynene Insulation System.
stablished in 1976 e
4MRCH &MARTIN, inc. Pg
Full Insulation Services
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12 January, 1998
City of Salem
Board of Appeal
One Salem Green .
Salem, MA 01970
To Whom it M, y Concern,
Our business has operated next to Essex County Craftsmen
for over twlve years as of this date, and we could not have
a better neighbor. Every employee is well-mannered and
genial . ' We 've used each other' s equipment and have helped
each other shovel away ice and snow as necessity dictated.
Ray Noyes is conscious of his business' impact on the
neighborhood. The business frontage is clean, and he keeps
the roadway passable despite owning numerous vehicles .
The second floor addition with its six windows will also,
serve to improve neighborhood security.
Respectfully,
Raymond P. March .
March & Martin, Inc.
RPM/jtd
64 ward street • salem, ma 01970-5004 voice (508) 745-3223 fax (508) 740-9515
Established in 1976 The Icynene Insulation System.
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MARCH &MARTIN, inc. =' �¢
Full Insulation Services
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12 January, 1998
City of Salem
Board of Appeal
One Salem Green
Salem, MA 01970
To Whom it May Concern,
Our business has operated next to Essex County Craftsmen
for over twlve years as of this date, and we could not have
a better neighbor. Every employee is well-mannered and
genial . We 've used each other' s equipment and have helped
each other shovel away ice and snow as necessity dictated.
Ray Noyes is conscious of his business ' impact on the
neighborhood. The business frontage is clean, and he keeps
the roadway passable despite owning numerous vehicles .
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The second floor addition with its six windows will also
serve to improve neighborhood security. We wish Ray
continued success .
Respectfully,
0.k
Raymond P. March, Pres .
March & Martin, Inc .
RPM/jtd
64 ward street salem, ma 01970-5004 voice (508) 745-3223 fax (508) 740-9515
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SCALE: 1/8"=1'-0" ,� 3 Broad Street, Lynn, Massachusetts 01902 Job. No.
y,FrDA fax 617 .595-6799
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Dwg Name: PROPOSED. ADDITION Dwg. No.
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Project: -ESSEX COUNTY CRAFTSMEN,
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60 WARD STREET
SALEM, MASSACHUSETTS
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Date: 11/12 97 , Scale. aS'. noted
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