2A NORTH PINE - ZBA 2A NORTH PINE `
John D. Spinale
Variance - Granted 9/29/82
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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.
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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
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BOARD OF APPEAL
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Pnttrb of �kppeal
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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
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DOARD OF APPEAL
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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
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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`
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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
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PAGE . . f
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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
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�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
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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
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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
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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.
ANTHONY M. .i
FEEHERRY . - f
Secretary
September 15,22,1982
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