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70 WASHINGTON STREET - ZBA _ __ - _ _ __ __ Ugo & Elio DiBiase c/o George Vallis 70 Wa46.in St.-\Salem ��1�Rf ±..� 171E A.{4 i �� __ +� l � � � _+� / f d � ��_ a, ��r 1 � rT r o- .J.w-.�'' r .m=� .yam"{__ �� _._ � -- -�. ,. a�., - -i � ,F a N 0 N S r �. F \u W t i N 0 N __ _�f ._ .r�..:�'��.__� _ x ��; _ =i :_.. a I N 0 N b S filitg of Salem, 'Gttssttrlluse##s Poarb of ( ►k"Vd MARCH 9, 1977 NOTICE is hereby given that a Decision of the Board of Appeal has been filed at the office of the City Clerk to deny the Peti- tion of Ugo and Elio DeBiase for an extension of the Special Permit granted in 1973 on property located at Lot 56 Almeda Street. BOARD OF APPEAL Jane T. Lundregan l %S,ecretary y`��,�D,L,�``� �Tt�J lt{ ��11PIll� c"��LR2I882TCj�1T8P��S "`�'' �riltutitt9 �Oartl 9T��L .nf� MEMO: BOARD OF APPEAL FROM: PLANNING BOARD DATE: February 28, 1977 RE: Request for a special permit ext. at Almeda St. by Ugo & Elio DeBiase To be heard Lt the Board of Appeal Meeting on March 1, 1977. The Planning Board has carefully reviewed this request and would urge the Appeal Board to consider the following points in making its decision. The construction of even a temporary industrial-type building in a residential area violates all planning practices, and seriously un- dermines the character of the area. We strongly urge that this extension be denied. There are other suitable areas for this kind of activity within the city. Walter Power III Chairman By: William Wheaton I APR 20 6 48 P 'E3 CITyFS�'/V Cq i April 14,-1983 { L Mr. Richard Stafford City Solicitor City Hall Salem, Mass. 01970 Dear Mr. Stafford; Kindly advise me as to the status of the "three year I � temporary" cinder block building which was erected several years ago. The owners petitioned the Board of Appeals for an extension of time, and were denied. The owners then filed in court to overturn the board's decision on the matter. ` ! The Board of Appeals would also like to know the status of I same. . Could you kindly advise us, in order that the neighbors 'I can go forward in opposition to having.the building in the. neighborhood. Sincerely, Frances J. Grace WARD FOUR COUNCILLOR CC: Mr. Richard Perlman, 90 Colby St.,Salem.Mass. j Mr. Levesque;r9,Hillside Ave.,Salem,Mass Mr. Letarte��Hillside Ave.,Salem,Mass, &41r. James Hacker,Chairman, Board of Appeals,JUgo Rd.,Salem,Mass. Mr. Conrad Baldini, 100 Colby St., Salem, Masa. j FJG/cab 1 ��°� I 0Lt�� 1��L _' ` �� `- �/°~'°~~—, � \ Vvary, ^J `�``~"�~/ ` DECISION CITY �|TY -� �� OFFICE LL� � ��[��/ H�� mDDC8 l l977 PETITIONER: UC0 u CI.IO DEBI&3E, Do0PDDTY LOCATED AT: Lot 56_Al, meda,_St,_~ TRUSTEES OF DCBI&SC - --- D803D: u`l District � b8f � REALTY TRUST MAILING ADDRESS; 71 Hancock St. , Everett 2� hearing on the Petition of Oqo DeBiaso and Elio Do3iase, Trustees of Salem � Realty Trust was held March I/ 1977 requesting an cztounioo on the Special Permit granted � in 1973 on 2zoDoz�y located at Lot 56/ nlmoda St. (B-1 District) to oouytzort a tenLpozary building 00/ x 100/ for the use of storage of equipment and building material, together � with a chain link fence 7 feet to 8 feet around the boundary lines. Said hearing was bald with members Donald Eames, Douglas Hopper, James Boolgec and Chairman Jnbu Gray Dzoneaz. Absent: Jane Lnudzegzu/ William Abbott and Arthur Labcec9oe Notices were oeoL to the abxttozs and others in compliance with Massachusetts General Laws, Chapter 808, � Atty. George Vallis zepzeovuLe8 the Pet1tiouern before the Board. On December / ` 20, 1973 the Board of Appeals granted to the Petitioners Special Permit to rouxLcvot a temporary building 60 feet by 100 feet for the use of storage of equipment and building materials to9etber with a chain link teuop 7 to 8 feet in height around the baoudazl' line. The Petitioners were granted the Special Permit for n three year period. The Petitioners are requesting that this Special Permit be extended for an additional period of three years. Prior to the construction of the building and fence, the Petitioners claim that they were constantly subjected to theft of building material and damage to their equipment by vandalism. The surrounding area is relatively undeveloped property in nbiob there are no services for sewer, naLnr/ or utilities. The bonoen in that area are quite a distance away from the property in question. The bnil0!n9 would be used for storage of equipment and could not be used for any vtb,z purpose. Several abutLors � appeared in opposition to the granting of the Special Permit, The Board voted to deny the Special Permit requested, to wit, to extend the Special Permit which was granted in 1973 to allow the petitioners to construct and use a building for the purpose of storing,materials. The Board found that it could not grant such Special Permit without derogating from the intent of the Salem Zoning by-Ian or without harm to the oozcou 'Vlug neighborhood. The Board found that the present building in not maintained properly by the owner and said lack of maintenance causes a condition that is� detrimental to the ucighbniboml, o80ICD Appeal from this decision/ if any, shall he made pursuant to Section 17 of the 0ann, General ws, Chanter 808, and shall be filed within 20 days after the date of filing of the decision \ -.,/ tbe City Clerk's Off ire. Copy of the decision herein has been filed with the Planning Board and the City Cl�zk. Pornnuot to Mass. Couezvl Law/ Chapter 608, Section ll, the variance or special permit, gcaoto( herein, shall not take rf±ort until a copy vt the decision, bearing the certification of the � ^ -2- 1rCISION: Ugo & Elio DeBiase PROPERTY LOCATED AT: Lot 56 Almeda St. F ` MARCH 1, 1977 MEETING City Clerk, that 20 days have elapsed and no appeal has been filed, or that, if such an 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 in the owner's certificate of title. SALEM BOARD OF APPEAL f LW By: Jane T. Lurdregan Secretary _ 3/7 i