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2A NORTH PINE - ZBA 2A NORTH PINE ` John D. Spinale Variance - Granted 9/29/82 L 1 V 1 01itu of �z�em, uss tlju$E##s l �l nttrb of }y{p k1.�8[OTS' MINUTES OF THE BOARD OF APPEAL - SEPTEMBER 29, 1982 A Public Hearing of the Salem Board of Appeal was held Wednesday, September 29, 1982 at 7:00 p.m. on the 2nd floor of One Salem Green. Notice of said hearing having been duly published in the Salem Evening News on September 15, 22, 1982: abuttors and other interested persons were notified by mail. Present were: Mr. Feeherry, Mr. Hopper, Mr. Hacker and Mr.Laftecq_ue, also present was Associate Member Mr. Luzinski. 2A North Pine Street - John D. Spinale Petitioner is requesting a Variance from density requirements to convert an existing Carriage House to a single family residence. Mr. Feeherry read the petition and a letter from the Fire Dept. (on file) . Attorney Robert D Bowes represented the petition. He displayed plans and pictures, explained that the structure was a two story structure which is presently being used for the storage of a car. Mr. Spinale plans to have an enclosed garage on the first level and living area on the second. Mr. Feeherry then read a letter from the Salem Historical kCommission (on file) stating thet were in favor of the petition Mr. Bowes said that the building had been moved to this site, but where it was moved from or its original use has been lost in antiquity; No one appeared in favor. Appearing in opposition were Thomas & Laura Bryson, 2 North Pine St. , they were upset with the address being 2A North Pine, also felt the property should be surveyed again, at least on the side. William White, 398 Essex St. was concerned that Mr. Spinale would not occupy the building also, the area is so congested he would rather the building remain a carriage house. Mr. Richard Bowen, 4 North Pine St. , also opposed because the congestion in the area. Attorney Bowes said that this would not necessarily increase traffic. Mr. Piemonte question Mr Bowes on the survey issue, was the building on neighbors property. Mr. Bowes said there was no problem with the lot, if it is on someone else's property it has been that way since 1848 when the building was moved to this location. Mr. Piemont then asked where the hardship was, Mr. Bowes said it was on the land. Mr. Feeherry asked the Brysons if changing the number 2A to another number would satisfy their objection They said they would like to see the number changed. Hearing closed. Mr. Piemonte- said that as long as the Historic Commission had no objections and it will be owner occupied that he had no objections. Mr. Feeherry made a motion to grant the petition on condition it will be used only as a single family dwelling, single parking space will be maintained at the site, it will be owner occupied, if not, this variance will terminate and the property can only be used as a garage, must make a reasonable effort to change the number of the property, Certificate of Occupancy and Use must be obtained prior to use, all exterior work must meet the approval of the Historical Commission, must obtain a Certificate of Compliance from the Fire Marshal. Mr. Labrecque seconded. VOTING TO GRANT: Mr Feeherry, Mr Hacker, Mr. Hopper, Mr. LaBrecque and Mr. Piemonte. Mr . Luzinski was not a voting member. GRANTED. CA ----------- I I t j J I C i j � V Co 1 � I T d -, ; i i v CA ; f � I a - 4 lu ., _._ i . --- (` � � � ` , I �\ 1 1 �� i ,, j � � I �� i � � '� / '� / � � ,� i Ii � `�, ,- ---- - L/I ............ .. CA XSy cz CA I \ � C�1 ----------------- (� (pita IIfiem C $tts �zt�jz��e#t Pourb of �ppeal DECISION ON THE PETITION OF JOHN D. SPINALE REQUESTING A VARIANCE FOR 2A NORTH PINE STREET A hearing on this petition was held on September 29, 1982 with the following Board Members present: Douglas Hopper, Chairman; Messrs. Piemonte, Hacker, LaBrecque and Feeherry. Notices of the hearing were sent to abutters and others and a notice of the hearing was published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. The Petitioner has requested a variance for the property at 2A North Pine Street to convert an existing carriage house garage into a single-family dwelling. A variance is required because the proposed conversion will violate, inter Alla minimum lot area, lot width, lot coverage and area per dwelling requirements of the Zoning Ordinance. The Board of Appeal, after consideration of the evidence presented at the public hearing and after viewing the property makes the following findings of fact: 1) Petitioners proposed single-family dwelling will have a minimal affect on traffic and parking in the area. • _. 2) Petitioner's proposed conversion as modified by the restrictions stated in this opinion was supported by his abutters. On the basis of the above findings of fact, and the evidence presented at the public hearing, the Board of Appeal concludes as follows: 1) The property in question is unique because of its peculiar size and configuration, because of the unique structure on the site and because of the fact that there is no way that the property can be used for any use permitted as of right in an R-2 zone. 2) The conditions described above especially affect .he land and structure in question but do not generally affect the zoning district in which the land is located. 3) The conditions described above which affect the land in question, but not the zoning district generally cause the fallowing special hardship: unless a variance is granted, it will be virtually impossible to use the site for anything but a garage. 4) The desired variance may be granted without substantial detriment to the public good. Therefore, the Board of Appeal unanimously voted in favor of granting the requested relief. The Board granted a variance to the Petitioner • on the following terms: DECISION ON THE PETITION OF JOHN D. SPINALE RE A VARIANCE FOR 2A NORTH PINE STREET PAGE 2 September 29, 1982 1) All variances requested by the Petitioner to convert the existing carriage house to a single-family dwelling are hereby granted. 2) The property may be used only as a single-family dwelling. 3) This variance will terminate in the event that the property is not owner-occupied. In the event that an owner of the property ceases to use the property as his residence, the property may be used only as a garage. 4) All changes in the exterior of the structure must be approved by the • Salem Historical Commission. 5) One. off-street parking space shall be maintained at the site. 6) Petitioner shall obtain a Certificate of Use and Occupancy prior to using the proposed dwelling unit. 7) Petitioner shall make all reasonable measures to change the street number at the property from "2A" to some other designation. 8) Petitioner shall comply with all applicable Fire Safety Codes. Anthony M. Fee erry, Secr f ty 9 S'�AEL BE MAO- PURS7-I-0T TO SEC .°5 17 OF THE "ASS. A COPY �E�1AVE.;'BEM,YILED-EFIT-H THEOPBMING BOARD AND CITY CLERK. u �r "!!$ rt 'Xi 1 li I:I'., Lr Tk_ CTi FS. r S 'SIT • 1 =D I Fr r L ... .. cR i- i.l i. �� HASD. O �.RI IF I. 1". Tr r '.0 ! > r; IS o a.,,E �r �r- es�rlEe Rb CTD III lr ,� E:; _ .....:,u�l ___.._ ....., , .. OF RECORD OR IS RECORDED WiD FIGTED Oii 'iiiC C:: Eft'S Ct'v it lCrTc O: TITLE. BOARD OF APPEAL IIT �z1em, ttsR�z� �zse##s Pnttrb of �kppeal Jp��'glAt IP ' DECISION ON THE PETITION OF JOHN D. SPINALE REQUESTING A VARIANCE FOR 2A NORTH PINE STREET A hearing on this petition was held on September 29, 1982 with the following Board Members present: Douglas Hopper, Chairman; Messrs. Piemonte, Hacker, LaBrecque and Feeherry. Notices of the hearing were sent to abutters and others and a notice of the hearing was published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. The Petitioner has requested a variance for the property at 2A North Pine Street to convert an existing carriage house garage into a single-family dwelling. A variance is required because the proposed conversion will violate, inter a� minimum lot area, lot width, lot coverage and area per dwelling requirements of the Zoning Ordinance. The Board of Appeal, after consideration of the evidence presented at the public hearing and after viewing the property makes the following findings of fact: 1) Petitioners proposed single-family dwelling will have a minimal affect on traffic and parking in the area. 2) Petitioner's proposed conversion as modified by the restrictions stated in this was opinion supported b his abutters. P PP Y On the basis of the above findings of fact, and the evidence presented at the public hearing, the Board of Appeal concludes as follows: 1) The property in question is unique because of its peculiar size and configuration, because of the unique structure on the site and because of the fact that there is no way that the property can be used for any use permitted as of right in an R-2 zone. 2) The conditions described above especially affect `he land and structure in question but do not generally affect the zoning district in which the land is located. 3) The conditions described above which affect the land in question, but not the zoning district generally cause the fallowing special hardship: unless a variance is granted, it will be virtually impossible to use the site for anything but a garage. 4) The desired variance may be granted without substantial. detriment to the public good. Therefore, the Board of Appeal unanimously voted in favor of granting the requested relief. The Board granted a variance t: the Petitioner on the following terms: DECISION ON THE PETITION OF JOHN D. SPINALE RE A VARIANCE FOR 2A NORTH PINE STREET PAGE 2 September 29, 1982 1) All variances requested by the Petitioner to convert the existing carriage house to a single-family dwelling are hereby granted. 2) The property may be used only as a single-family dwelling. 3) This variance will terminate in the event that the property is not owner-occupied. In the event that an owner of the property ceases to use the property as his residence, the property may be used only as a garage. 4) All changes in the exterior of the structure must be approved by the Salem Historical Commission. 5) One off-street parking space Shall be maintained at the site. 6) Petitioner shall obtain a Certificate of Use and Occupancy prior to using the proposed dwelling unit. 7) Petitioner shall make all reasonable measures to change the street number at the property from "2A" to some other designation. 8) Petitioner shall comply with all applicable Fire Safety Codes. Anthony M. Fee erry, Secr t ty S�Y_L 6F !.Ar- POR 'IT TO SE—N 17 OF THE :TSS. A COPY �F=iII�SIDE�f3�O�1 : IIl �'LAyNs= VAVE BEEN_;FILEEF FMT'H !TH£ PLANNING BOARD AND CITY CLERK F T ...._.. . . ... E . .:. _ '.IT C IrO _. ._.. �I L . I Is _ . L _.. ''�i !,. . �.dE _ Ci;RER I! T OF RECDRD OR IS R_'CORDED 0:. Li£ G.:::.R'S CEfi�cl;,r.L �: MLE. DOARD OF APPEAL N�l I � 1 CZ ........... CA J Li y'^ Poarb of �3peal DECISION ON THE PETITION OF JOHN D. SPINALE REQUESTING A VARIANCE FOR 2A NORTH PINE STREET A hearing on this petition was held on September 29, 1982 with the following Board Members present: Douglas Hopper, Chairman; Messrs. Piemonte, Hacker, LaBrecque and Feeherry. Notices of the hearing were sent to abutters and others and a notice of the hearing was published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. The Petitioner has requested a variance for the property at 2A North Pine Street to convert an existing carriage house garage into a single-family dwelling. A variance is required because the proposed conversion will violate, inter jjjs, minimum lot area, lot width, lot coverage and area per dwelling requirements of the Zoning Ordinance. The Board of Appeal, after consideration of the evidence presented at the public hearing and after viewing the property makes the following findings of fact: 1) Petitioners proposed single-family dwelling will have a minimal affect on traffic and parking in the area. 2) Petitioner's proposed conversion as modified by the restrictions stated in this opinion was supported by his abutters. On the basis of the above findings of fact, and the evidence presented at the public hearing, the Board of Appeal concludes as follows: 1) The property in question is unique because of its peculiar size and configuration, because of the unique structure on the site and because of the fact that there is no way that the property can be used for any use permitted as of right in an R-2 zone. 2) The conditions described above especially affect `he land and structure in question but do not generally affect the zoning district in which the land is located. 3) The conditions described above which affect the land in question, but not the zoning district generally cause the fallowing special hardship: unless a variance is granted, it will be virtually impossible to use the site for anything but a garage. 4) The desired variance may be granted without substantial detriment to the public good. Therefore, the Board of Appeal unanimously voted in favor of granting the requested relief. The Board granted a variance t� the Petitioner on the following terms: DECISION ON THE PETITION OF JOHN D. SPINALE RE A VARIANCE FOR 2A NORTH PINE STREET PAGE 2 September 29, 1982 1) All variances requested by the Petitioner to convert the existing carriage house to a single-family dwelling are hereby granted. 2) The property may be used only as a single-family dwelling. 3) This variance will terminate in the event that the property is not owner-occupied. In the event that an owner of the property ceases to use the property as his residence, the property may be used only as a garage. 4) All changes in the exterior of the structure must be approved by the Salem Historical Commission. 5) One off-street parking space shall be maintained at the site. 6) Petitioner shall obtain a Certificate of Use and Occupancy prior to using the proposed dwelling unit. 7) Petitioner shall make all reasonable measures to change the street number at the property from "2A" to some other designation. 8) Petitioner shall comply with all applicable Fire Safety Codes. Anthony M. Fee erry, Secr t ry A COPY 6` 1`-I#3S1 ftH n s 'A-L s` a c PUPT] IIT TO SE- -`O?I 17 OF Th ':;SS. tL _, NII IAN$EHAIE.$EE11 RILED-tPITH :THE PLANNING BOARD AND CITY CLERK r R ;ELJ 1:1 T'iE R:� ._ i :: .-i') !.. . .,::'.E CF _a:;ER OF RECORD OR IS R'COROiO Alli ii�ZO OG iii: G,:�:ER'S CE Li!i,niE -: TITLE. EOARO OF APPEAL CITY OF SALEM CITY OF SALEM BOARD OF APPEAL BOARD OF APPEAL 745-0215 .745.9215 Will hold a Public Will =;old a Public Hearidg for all persons Heariuig for all=persons interested in the interested in the Petition submitted by Petition submitted by John D. Spinale for John D. Spinale for Variances from density Variances from density regulations as stated in ' regulations as stated in Section V1 Table I to Section VI Table I to convert existing convert an existing carriage house. garage carriage housegarage to a single family + to a single family residence at 2A North , residence at 2A North ; Pine Street (R2 Pine Street (R2 District). Said Hearing District). Said Hearing to be held-Wednesday, 1 to be held Wednesday, September 29, 1982, at September 29, 1982, at ' 7:00 P.M. at One Salem 7:00 P.M. at One Salem Green.2pd'floor. Green,2nd floor. ANTHONY M. ANTHONY M. FEEHERRY , FEEHERRY . Secretary Secretary , September 15,22,1982 September 15,22,1982 5 CITY OF SALEM ( CITY OF SALEM BOARD OF APPEAL - BOARD OF APPEAL 745-0215 - 745-0215 Will hold a Public Will hold a Public 1 Hearidg for all persons Hearing for all persons interested in the interested in the Petition submitted by Petition submitted by John D. Spinale for John D. Spinate for Variances from density Variances from density regulations as stated m' regulations as stated in Section VI Table I to Section VI Table I to convert an existing convert an existing carriage house.garage carriage house. garage to a single family to a single family residence at 2A North , residence at 2A North , Pine Street (112 Pine Street (R2 District). Said Hearing District). Said Hearing to be held Wednesday, to be held-Wednesday, September 29, 1982;. at , September 29, 1982;. at 7:99 P.M. at One Salem 7:00 P.M. at One Salem Green,2nd floor. Green,2nd'floor. ' ANTHONY M. ANTHONY M. FEEHERRY , FEEHERRY . .' Secretary Secretary September 15,22,1982 September 15,22,1982 CITY OF SALEM CITY OF SALEM BOARD OF APPEAL BOARD OF APPEAL 745-0215 745-0215 Will- hold' a. Public Will hold a Public interested in the Hearing for all persons Hearing for all persons interested in the Petition submitted by Petition submitted by John D. Spinale for John D. Spinale for Variances from density Variances from density ' regulations as stated in regulations as stated in Section VI Table I to. Section VI Table I to convert an existing convert an existing carriage house. garage carriage house..garage to a single family to a single family residence at 2A North residence at 2A North , Pine Street (112 Pine Street (R2 District). Said Hearing District). Said Hearing to be held-Wednesday, to be held•Wednesday, September 29, 1982 at _ September 29, 1982;_ at 7:00 P.M. at One Salem 7:00 P.M. at One Salem Green,2nd floor. Green,2pd'floor. ANTHONY - ANTHONY M. FEEHERRY RRY . FEEHERRY , Secretary Secretary September 15,22,1982 September 15,22,1982 CITY OF SALEM BOARD OF APPEAL 745-0215 CITY OF SALEM ,! Will hold a Public BOARD OF APPEAL Hearing for all persons 745-0215 interested in the Will hold a Public Petition submitted by Hearing for all persons John D. Spinale for interested in the Variances from density Petition submitted by regulations as stated in John D. Spinale for E Section VI Table I to Variances from density convert an existing regulations as stated in carriage house- garage Section VI Table I to d to a single family convert an existing residence at 2A North ; carriage house. garage Pine Street (R2 to a ' single family District). Said Hearing residence at 2A North , to be held Wednesday, Pine Street (R2 September 29, 1982;. at District). Said Hearing 7:00 P.M. at One Salem to be held Wednesday, Green,2nd floor. September 29, 1982, at , ANTHONY M. 7:00 P.M. at One Salem FEEHERRY , Greenand floor. Secretary ANTHONY M. September 15,22,1982 FEEHERRY - Secretary I September 15,22,1982 CITY OF SALEM CITY OF SALEM BOARD OF APPEAL 745-0215 BOARD OF APPEAL Wifl, hold a Public I Will hold21a Public Hearing for ali persons Hearing for all'persons interested in the interested in the Petition submitted by Petition submitted by John D. Spinale for John D. Spinale for Variances from density Variances from density regulations as stated in f regulations as stated in Section VI Table I to. - Section VI Table I to convert existing convert an existing -carriage house garage carriage house. garage to a single family residence at et (R2 North to a single family Pine Street ; residence at 2A North , District). Said Hearing i Pine Street (R2 to be held-Wednesday, District). Said Hearing to be held Wednesday. September 29, 1982; at i September 29, 1982, at 7:00 P.M. at One Salem 7;00 P.M. at One Salem Green,29d floor. Green,2nd floor. ANTHONY M. ANTHONY M. FEEHERRY , FEEHERRY , Secretary Secretary September 15,22,1982 September 15,22,1982 ; CITY OF SALEM ~- CITY OF SALEM ° BOARD OF APPEAL 745-0215 BOARD OF APPEAL �f Will 745-0215 hold a Public Will hold a Public Hearing for all persons interested in the Hearing for 911 persons ` Petition submitted by interested in the John D. Spinale for Petition submitted by Variances from density John D. Spinale for regulations as stated in Variances from density Section VI Table I toregulations as stated in convert an existing Section I Table I to VI carriage house, garage convert an. existing to a : single family carriage house. garage residence at 2A North , to a single family Pine Street (112 residence at ZA North , District). Said Hearing Pine Street (R2 to be held-Wednesday, District). Said Hearing September 29, 1982;, at to be held Wednesday, 7:00 P.M. at One Salem September 29, 1982,. at Green bd floor. 7:00 P.M. at One Salem ANTHONY M. Green,2nd floor. `t FEEHERRY . ANTHONY M. Secretary FEEHERRY , September 15,22,1982 Secretary September 15,22,1982 CITY OF SALEM CITY OF SALEM BOARD OF APPEAL BOARD OF APPEAL 745-0215 745-0215 Will hold a Public J Will hold a Public Hearing for all persons Hearing for all persons interested in the , interested in the Petition submitted by Petition submitted by John D. Spinale for John D. Spinale for Variances from density Variances from density regulations as stated in regulations as stated in Section VI Table I to Section VI Table I to convert an existing convert an existing carriage house. garage - carriage house. garage ! to a single family to a single family residence at 2A North , residence at 2A North , Pine Street (R2Pine Street (R2 District). Said Hearing II District). Said Hearing to be held•Wednesday, 1 to be held-Wednesday, September 29, 1962_ at I September 29, 1982;, at 7:09 P.M. at One Salem 7:00 P.M. at One Salem Green,2pd`floor. Green,2nd'floor. ANTHONY M. ANTHONY M. FEEHERRY - - FEEHERRY Secretary Secretary September 15,22,1982 - September 15,22,1982 CITY OF SALEM CITY OF SALEM BOARD OF APPEAL BOARD OF APPEAL 1 7450215 745-0215 Will hold a Public - Will hold a Public Hearing for all'persons - ' Hearing for all persons interested in the . interested in the Petition submitted by Petition submitted by John D. Spinate fora' John D. Spfnale for Variances from density Variances from density regulations as stated in regulations as stated in Section VI Table I to Section VI Table 1 to convert an existing convert an existing carriage house, garage carriage housegarage ito a- single family to . a single family residence at 2A North , residence at 2A North , Pine Street (R2 Pine Street (R2 :District). Said Hearing - 1 District). Said Hearing to be held Wednesday, to be held Wednesday, September 29, 1982, at _ '� September 29, 1982, at , 7:00 P.M. at One Salem k 7:09 P.M. at One Salem Green3Ad'floor. Green,2nd floor. ANTHONY M. ANTHONY M. FEEHERRY FEEHERRY Secretary I Secretary September 15,22,1982 September 15,22,1982 CITY OF SALEM f BOARD OF APPEAL -7,ti.5-921;5 5 Will hold a Public Hearing for allpersons interested in the Petition submitted by John D. Spinale for Variances from density regulations as stated in 16 Section VI Table I to convert an existing carriage house. garage to a single family residence at 2A North , Pine Street (R2 District). Said Hearing to be held-Wednesday, September 29, 199, at 7:00 P.M. at One Salem Green,2tid'floor. ANTHONY M. 111 FEEHERRY Secretary September 15,22,1982 v Ti#1y of Oultm, Massar4ust##s Assessors' (Offrt. (Ittg Mall ABUTTERS AUGUST 30, 1982 TO: 2A NORTH PINE ST ASSESSED OWNER: JOHN D. SPINALE MAP 25 LOT 95 MAP LOT LOCATION ASSESSED OWNER MAILING ADDRESS / 25 664 394 ESSEX ST LAWRENCE CHANNING �/ SAME AS LOCATION 25 98 396 ESSEX ST DAVID & DEBORAH G. CLARKE ✓ " 25 97 396 ESSEX ST FRIENDS CEMETERY " 25 96 398 ESSEX ST WILLIAM & KATHERINE WHITE✓ 13 MOHAWK DR - C/O WILLIAM WHITE DANVERS, MA 01923 25 94 2 NORTH PINE ST THOMAS& LEOCADIA BRYSON V/. SAME AS LOCATION 25 93 4 NORTH PINE ST F. RICHARD BOWEN " 25 92 6 NORTH PINE ST ANNIE CLAY HARRIS &",/ 131 FEDERAL ST ANDREW LIPPMAN (, SALEM, MA 01970 25 91 8 NORTH PINE ST PAUL RICHARD CUTLER SAME AS LOCATION 25 89 24 FOWLER ST JOHN JR & DONNA KOZLOWSKI 213 LOCUST ST / DANVERS, MA 01923 25 90 20 FOWLER ST HUGH & JULIANNA LOCKHART ✓ SAME AS LOCATION" - \ `r. F \\cam'_ � 'G',r� i1 T r; = .� �. i '�"' � •,p` Y \ .C, i f� a �.�l `�1 •/ � - 1.\_': / • .' \ i �: 4" l "-",.� a i ��' /_ � .e' ��J '\. : �� \ ` s�• _ fir' �� -N tj CYN4 B 5 b'r ��J Q ^�,+ '�a _ `J �a..,. t n 1 �� � s' \`'yf�j'\ ✓ J4� �f -_ \-�,_ • 'mac - w a ! , <c \`�_\`D ovn of ,'�§uiem, cfflassar4usetts ..... .. :.. 39nttrb of ckypeal pa�uunc my , August 20, 1982 Office of the City Assessors City Hall Salem, Massachusetts 01970 Gentlemen: I would appreciate having a list of abutters for the following properties for a public hearing scheduled for September 1982. Please forward said list to Brenda Sumrall, c/o Public Property Department, One Salem Green. ADDRESS OW1:ER 19 Beach Avenue Neal Joyce & Maureen Joyce 9 Cloverdale Avenue William P. & Ann M. Porcello 2A North Pine St. John D. Spinale 278 Lafayette St. Marie A. Plamondon 44-45 Cloverdale & Glenn Ave. Donald S. & Ann Emerton Thank you for your cooperation. Sincerely, Brenda M. Sumrali Clerk, Board of Appeals Tifu of Ient 'Aa0141M1'E W�'/ uttrD of c�ppPtt! August 20, 1982 Office of the City Assessors City Hall Salem, Massachusetts 01970 Gentlemen: I would appreciate having a list of abutters for the following properties for a public hearing scheduled for September 1982. Please forward said list to Brenda Sumrall, c/o Public Property Department, One Salem Green. ADDRESS "' OWNER 19 Beach Avenue Neal Joyce & Maureen Joyce 9 Cloverdale Avenue William P. & Ann M. Porcello 2A North Pine St. John D. Spinale 278 Lafayette St. Marie A. Plamondon 44-45 Cloverdale & Glenn Ave. Donald S. & Ann Emerton Thank you for your cooperation. Sincerely, Brenda M. Sumrall Clerk, Board of Appeals JOHN 1.e O'BRIEN JR. Register of Deeds Essex Reg. Deeds,So. Dist. Salem-,cd..ORD ANO MSOUTH ES 1Rece ve{d foecordl'o`sfl be_ day o _ ld . C ,pt.:�.+..._?�'��5�. o"c7o:ck and _. ...�J.6--minutes ._"l---------M. /� DCS 29 19$2 . M. . . . . . . . . l ncl mom•' �. _ � .. . . PAGE . . f . . . .. . A7T TOTAL FEE S/JUO CrufER Jf f 'I ' 10'e Gj-'T'e—JOHN L. O' RIEN, JR., Register By .. of �$tt1em, ttssttcl t$e##s Poxrb of App&, l At�llluB October 5, 1982 NOTICE IS HEREBY GIVEN THAT AS OF THIS DATE THE DECISION OF THE BOARD OF APPEAL HAS BEEN FILED AT THE OFFICE OF THE CITY CLERK TO GRANT THE PETITION OF JOHN D. SPINALE FOR A VARIANCE AT 2A NORTH STREET - WITH CONDITIONS. BOARD OF APPEAL Anthony M. Feeherry, Secretary APPEAL FROM THIS DECISION, IF ANY. SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS. GENERAL LAWS, CHAPTER, 808. AND 'HALL DE 'FILED ih;THiH 20 DAYS AFTER THE DATE OF FILING OF THIS DECISION IN THE CF(CE CF THE Mill UFRK. PURSANT TO MASS. GEFiERAL LAfdS, ;aLz.;'-ER .`?:3, S:_.f'N 11, THE VARIANCE OR SPECIAL PERMIT GRANTED HER?"I, SHALL N'1I,-.t b; i {h�. .. [:.,rl .tet 'il!E: '.:,,�.,....::. 3"!"Iis'd THE CERT. FICATICN OF ilii 411'! CLERi: ,'dA ..: U.^,13 i...,� .L^?;::, .:`iii Ar_AL H,2 Bl-'N F:i.ED, . OR THAT, !F C A;: t,??:.A.. N .S L'° I r,L:., .!Aii I, H.,z. .;u_N+DIS;GISSED OR DEPIIED IS RECORDED IN THE SOUTH ESSEX REGISTRY OF �:EEDS AND INDEXED UNDER THE NAME OF THE OWNER DF RECORD OR I$ RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. mm OF AMA �a �Tt,camit� yr d, Salem Historical Commission CITY HALL, SALEM. MASS. 01970 September 29, 1982 Board of Appeal City of Salem Salem, Massachusetts 01970 Gentlemen: With regard to the, petition before the Board of Appeal for 2A North Pine Street, the Salem Historical Commission would like to advise you of our unanimous endorsement of the concept of conversion of the carriage house there to residential use. Plans for the conversion were presented to the Commission this summer, and the Commission found that conversion to residential use would be compatible with the neighborhood and the McIntire l storic District. Assign specifics of the conversion plan were not approved by the Commission at that time, but the Commission is confident that solutions can be found which will accomodate both functional considerations and the requirement of historical appropriateness. V ou Wrs,I0 :cob . Wolfson Chairman 1, 2� DATE OF HEARING PETITIONER LOCATION_ a� MOTION: TO GRANT SECONDED TO DENY SECONDED LEAVE TO WITHDRAW SECONDED ROLL CALL ABSENT PRESENT GRANT DENY WITHDRAW ANTHONY FEEHERRY JAMES HACKER / DOUGLAS HOPPERy/ ARTHUR LA BRECQUE v / JOSEPH PIEMONTE • ASSOCIATE MEMBERS /� ) EDWARD LUZINSKI p! JEAN-CLAUDE MARTINEAU DISCUSSION & CONDITIONS: / CO-) �� Cao c fj oC � ' APPEAL CASE NO. . . . . . . . . . . . . .. . . . . . . . . . .ca < fl to of "Salem, ' assadjuseffs 23,rrarb of A al TO THE BOARD OF APPEALS:; �UG I6 I 211 PM 182 The Undersi aned relpresen`t that he illEGIMEOthe owners of a certain parcel of land located at N0. . ?? nR.TH P NE , , , , CITY qF; SA! FIt,7�hSS.. , . . . . . . . .Street; Zoning Di stri ct. k2. . . . . . . . . . . . . . . . , and..said parcel is affected by Section(s). . . . . . . . . . . . . . . . of the Massachusetts State Building Code. Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A.1 of the Zoning Ordinance. The petitioner plans to convert an existing carriage house garage to a single family residence with enclosed garage in accordance with said plans, and appeals directly to the Board of Appeals for a variance from the Zoning Ordinance with respect to minimum lot area, lot width, lot coverage, front yard depth, .side yard width, rear yard., parking, minimum lot area per dwelling and any other non-conformity created by the conver- sion and change of use of the premises. 3iYec x�cickaa xkaa x Aa xx R s xroa�x xria�ax xt�otix�dc>�,c xc xbdlgd3,����x�akkdkagx x�s xx irk>rx�pA>a px�idx�c we"M!Xx 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 difficulty or- unnecessary hardship 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 the following reasons: 1 . The intended conversion and use will improve the character of the existing building making it consistent with the character of the historic district in which it is located. a2. A single family home is permitted in an RZ zone. 3. There is a hardship on the land and building in that it cannot be used for any conforming use without a variance. 4. Conditions affecting the premises do not affect generally the zoning district in which it is .located. 1. 5. The proposed use is not aA increase in volume or area. 6. A literal enforcement of the Zoning Ordinance would involve substantial financial hardship to the appellant. JOHN D. SPINALE ` Owner. . . . . . . . .. . . . .. . . . . .. . . . .. . . . . . . . . . 11 High Street, Salem, MA 01970 Address. . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . (617) 745-1607 Telephone. . . . . . :. . . . . . . . .. . . . . . . . . . . . . . . . . . . Petitioner. , Same. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . Address. . . . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . August 16, 1982 Date. . . . . . . . . . . . . . . Telephone . . . . . . . . . . . . . . . . . Three copies of the application must be filed wit the ecretary 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 Evenigg News. Robert D. Bowes, Esquire BOWES, HALLINAN, ATKINS E PORTER. 301 Lafayette Street Salem, Massachusetts ' 01970 (617) 741-1555 . NO.. ................ ...... PETITION TO BOARD OF APPEALS ' LOCATION ........... .. . ... . .:..: ' PETITIONER.. John„D; Spi;nale,,, - ADDRESS.......1. H!9h..5..ree.... .... CONDITIONS ••••••••.•.•...•...•••••,••....•...••....•.•••.................. r , , t ..........................................................- PETITION APPROVED'.. .. . ❑ L _ f : ; _ DENIED........... ❑ : , . ��� OARO OF APPEALS Ctv of 59 M gire Pep zkinesd �6aagnariers 3=vs g- 33r*"n RECF1YF0 - 48 ` laf rgette ,,street - QIhizi C111 OF SAlE1aY�ASS 019711 cY�u "r_ Date: Sept. 22, 1982 Salem Board of Appeal Re: John D. Spinale City of Salem, Massachusetts 2A North Pine Street One Salem Green Salem, Ma. Salem, Ma. 01970 Hearing Date: 9/29/82 Sirs: As a result of notice received concerning the Board of Appeal hearing for the above listed name and address, the Salem Fire Department, requests the following items to be placed on record. 1 . The Salem Fire 'Prevention ',Bureau, has no objection to the requested variance, subject to compliance with the following items: A. Salem Fire Department Form #81, (Application for Plan Approval): shall be submitted with three sets of plans, to the Salem'Fire Prevention Bureau, for stamped approval; prior to making application for a building permit. 1. Said plans shall include floor layout 'for all floors, . including, any useable lower level space- (if to be ;providedj and any attic space.,, 2. Locations. of a1V required smoke;,detectors shall be `placed,' on the plans. 3 . - All smoke,`detectors shall be of, the.A:C (hardwired,) 'type,, and interconnected: x, S t �+ Gam- 40, . r rye 34 Respectfully submitted Captain David J. Go in C.. cc: Building Inspector Salem Fire Marshal file e. 4 Form105 APPEAL CASE NO. . . . . . . . . .. . . .. . . . . . . . . . of '5nlem, f ttssac4use#ts IIttT�I of Appeal , , �4 4 70 THE BOARD OF APPEALS: lila 1 -- iDilri IF, • The Undersi qned represent that _he= 3S1'r the owners of a certain parcel of land located at NO. . .?? WORTH PfNE . . . . . .. ;SS,, , , , , , , , , , , , ,Street; Zoning District. R?. . . • . . . . ; and said parcel is affected by Section(s). . . . . . . . . . . . . . . . of the Massachusetts State Building Code. Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A.1 of the Zoning Ordinance. The petitioner plans to convert an existing carriage house garage to a single family residence with enclosed garage in accordance with said plans , and appeals directly to the Board of Appeals for a variance from the Zoning Ordinance with respect to minimum lot area, lot width, lot coverage, front yard depth, side yard width, rear yard, parking, minimum lot area per dwelling and any other non-conformity created by the conver- sion and change of use of the premises. �c wx�,cXkuxgki�a xxaxx R>�xe��-xxr�a�x x �kc>�c x�d»c x�1053,�cxo�c x�RxB;o�kkdktAaxx��xx;t�xx�w�iApxo6x>x�c Baca, MMX 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, the enforcernen� of said Zoning By-Laws and .Building Code would involve practical difficulty or- unnecessary hardship to the Undersigned and relief -may be granted without substantially dero- gating from the intent and purpose of ithe Zoning Ordinance and Building Code for the following reasons: 1 . The intended conversion and use will improve the character of the existing building making it consistent with the character of the historic district in which it is located. 2. A single family home is permitted in an RZ zone. 3. There is a hardship on the land and building in that it cannot be used for any conforming use without a variance. 4. Conditions affecting the premises do not affect generally the zoning district in which it is located. 5. The proposed use is--not ap increase in volume or area. 6. A literal enforcement of the Zoning Ordinance would involve substantial financial hardship to the appellant. JOHN D. SPINALE Owner. . . . . .. . .. . .. .... . .... . . .. . . .. . . . . .. . . . Il High Street, Salem, MA 01970 Address. . . . . .. . . ... . . .. .. . . . .. . . . . . . . .. . . . . .. (617) 745-1607 Telephone. . . . . .. . . . .. . . . .. . .. . .. . . . . . . . . . . . . Petitioner. , same, .. Address.. . . . . . ... . . . . . . . . . . . . . .. . . . .. . . . . August 16, 1982 Date. . . . . . . . . . . . . . . . . . . Telephone. . . . . . . .. . . . ... . . . . . . . . .. . . . . . . . . . . . By. Three copies of the application must be filed with/the ecretary 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. Robert D. Bowes, Esquire BOWES, HALLINAN, ATKINS b PORTER. 301 Lafayette Street Salem, Massachusetts ' 01970 (617) 741-1555 lot I 77- i I i i I r I ' i I i f f \riig IIfiz1em, r �r Puarb of (�ppml q.o IgIF"'yY AGENDA SEPTEMBER 29, 1982 - 7:00 P.M. 2nd Floor - ONE SALEM GREEN 1. Petition of John D. Spinale for Variances from density regulations to convert existing carriage house garage to a single family residence at 2A North Pine St. (R-2 District) 2. Petition of Francine Small for a variance to temporarily relocate a Bridal Shoppe in an existing carriage house at the rear of 278 Lafayette Street (R-1 & R-3 District) . 3. Petition of William Porcello for a variance to encroach on setback requirements to construct an addition at .9 Cloverdale Ave. (R-1 District) . 4. Petition of Neal & Maureen Joyce for a Special Permit to extend non- conforming front yard requirements at 19 Beach Avenue (R-1 District) . • 5. Petition of Robert T. Marsilia for a variance from minimum lot area to build a single family dwelling at 20 Glendale St. (R-1 District) 6. Petition of Paul J. Lyons, Jeannette Realty Trust for a variance from side and rear yard density to erect an addition to an existing building at 20 Commercial St. (Industrial/Commercial) . 7. Petition of Leonard J. Lowe for a variance to install a pool too close to foundation at 16 Granite St. (R-1 District) t i i CITY OF SALEM f c e BOARD-OF—APPEAL i=---�„_,- ,..•- .�_.-=_� : a 1 lem 6 n ��i PLf2 �-•w-;�;�m bGr e it SALEM, MA G J, SF�;I �ShOa•9� SFP20'82 �,p9'�i ��' Paul Richard Cutler 8 North Pine St. Salem, MA 01970 Cl.ff O8 19225014:1. 09/22/82 REAURN TO NOT CR'::I_.1vE:liAID1..E: raiz, rll:>IJlilii::iEil5a:7 UNr1Ell...E:: TO F-l]ItiWARD ��, I ' I r Y OF SALEM D OF APPEAL745-0215 hold a Public g for all persons sted in the Petition submitted by John D. Spinate for Variances from density regulations as stated in Section VI Table I to convert an existing carriage housegarage to a single family residence at 2A North , t Pine Street (R2 i District). Said Hearing li to be held-Wednesday, September 29, 1982; at , ii 1:00 P.M. at Salem Green,2nd floor. 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