85/1 BRIDGE STREET & BARTON STREET - ZBA 85 Bridge St./1 Barton St. B-1
Gempire REalty Trust (owner)
Eastern Pulmonary Services, Inc. (pet)
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DECISION ON THE PETITION OF EASTERN PULMONARY SERVICES, INC. (Petitioner) FOR
A VARIANCE AT 85 BRIDGE STREET11 BARTON STREET (B-1 ) , RUSSE00 GREEN, JR. (OWNER)
A hearing on this petition was held September 24, 1989 and continued until
November 16, 1989 and November 29, 1989 with the following Board Members present:
James Fleming, Chairman; Richard Bencal, Vice Chairman; John Nutting, Secretary;
Richard Febonio and Associate Member Arthur LaBrecque. 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.
Petitioner is requesting Variances from density, setbacks, use and parking to
allow office, storage, sales and distribution use in this B-1 zone. Property is
owned by Gempire Realty Trust, Russeoo Green, Jr. , Tr.
The Variances which have been requested may be granted upon a finding of the
Board that:
a. special conditions and circumstances exist which especially affect the land,
building or structure involved and which are not generally affecting other
lands, buildings and 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;
c. desirable relief may 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.
The Board of Appeal, after careful consideration of the evidence presented at the
hearing, and after viewing the plans, makes the following findings of fact:
1 . Both support and opposition to the plan was presented.
2. The lot previously contained a mixed business and residential use.
3. The petitioner met with the Salem Fire Dept. for their assistance with
a business of this type.
4. The petitioner met with and attempted to satisfy all concerns of neighbors,
abutters and others.
5. This type of business is a type that generates very few on site sales, most
are done at residences.
6. The property, as it now exists, is an eyesore and the new building will add
much to the area in keeping with the City's master plan.
DECISION ON THE PETITION OF EASTERN PULMONARY SERVICES, INC. (PETITIONER)
RUSSEEOO GREEN, JR. (OWNER) FOR VARIANCE AT 85 BRIDGE ST./1 BARTON ST. , SALEM
page two
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property but
not the district generally.
2. Literal enforcement of the provisions of the Ordinance would work a
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
of the district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief
requested, subject to the following conditions:
1 . Petitioner comply with all requirements of the Salem Fire Dept.
2. Proper numbering be obtained from the City of Salem Board of Assessors.
3. All construction be done as per the plans submitted and as per all existing
City and State Building Codes.
4. All dimensions be as per the plans submitted.
5. Parking to be provided and maintained as shown on the plans.
6. That safety precautions during construction be undertaken to take into
account the residential nature of the neighborhood.
7. Truck deliveries be made between 9:00 a.m. and 2:00 p.m. .
8. A six (6) foot high fence be built along the North side of the property
and be maintained by petition, heirs and/or assigns.
9• Hours of operation, except for emergencies, shall be 7:30 a.m. to 7:00 p.m. ,
Monday to Friday. No regular business hours shall be on Saturday, Sunday
or Holidays, except for emergencies.
10. Allstorage of product shall comply with all applicable city and state codes.
11 . A Certificate of Occupancy shall be obtained for the buildings.
GRANTED
chard A. Bencal, Vice Charman
A COPY OF THIS DECISION HAS „BUNpr�'.�LED .WITH ' HE %A,}N�IING BOARD 1ND THE CjI�Y CLERK
s decision, i iriy, s al made p,.!rsuan to Section 1 e.
General Laws. Chanter 808, and shsll be filed within 20 days
-, the da*e of flline ei this deci$isn in the dffic2 of the CityC;erk.
_._...... .� .._s. �_..arni Lases ., °, r... .,n 11., the Var.-.nc_.
_. ntcd M .;I k2ffs until a c;;;y of the.
L_arl ,he �_•+.ifc� :c „`i,jl fe rk t„i 20 days have
e-rseci ar-' no a ;enl has hc-•l ri:^d. c:ih.i, if such app=al has _'an
e... ._at it h.,s ceen dismissed c. .,....ed is reccrdad in the Scu th
a Deeds ane indexed under t _ ..ame cr to owner of record or
Is•rc-oorded and noted on the owner's Ccrtifkate of Title.
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EASTERN
84 Highland Ave.
PULMONARY Suite 308
INC. Salem, MA 01970
SERVICES,
(508) 745-4654
PERSONAL & PROFESSIONAL RESPIRATORY HOME HEALTH CARE
October 25, 1989
„ Ms. Lorraine Davis
Tr; 8 Barton Street
Salem, MA 01970
Dear Ms. Davis;
Iz
Since.we sent our informational packet out to you and your neighbors,
we have had the opportunity to meet with and talk to quite a few of
those.who had expressed opposition to our plans for the corner lot.
We have not been able to contact you due to the unavailability of a
telephone listing for you. We would like to know that you have in-
deed received the packet and had a chance to review it.
If you have any questions or concerns to express, please give us the
occasion to address them for. you. You may call our office during
regular business hours, or, if it is more convenient for you, contact
.'. us through our answering service in the evening hours. We will return
your call promptly.
<° We have been very pleased with the responses we've received through
?YE" our contact with your neighbors. Our door is open, too, if you wish
to see for yourself who and what we are.
Sincerely,
9:
Kate Raby, R.N. , B.S.N.
Operations Manager
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PROPOSED FOUNDATION
N/F
PATRICK ✓. .RYAN -
MAP 36 PARCEL 361
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10.00' I
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W PARKING SPACES
p N/F
p F,'✓E BARTON STREET
PPGPOEEa '.c sraar SALEM REAL TY TRUST
9UI[0!nC MAP 36 PARCEL 363
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p5000 S.F
MAP 35 PARCEL 362
9fi.00'
wAOo'M j
i00.00'
BARTON S T REE T
1 INCH - l0 FEET
a 0 10 20
*Please note that this plan has been
"shrink copied" so that scale is now PLAN OF LAND
ZONE BI LOT AREA.- 6000 SF.x LOT FRONTA6E- 60 approx. 5/8 in. = 10 ft. IN
FRONT YARD' 15', SLOE YARD' 10' REAR YARD: 30'x
,VARIANCE REOVESTEO -
� SALEM, MASS.
OEEO REFERENCE. BOOK 6475 PAGE 454
w REID LAND SURVEYORS
NOTE.' A YARIANCE IS ALSO REOUEST£O
FOP
ThE 9 U Op , OF ARSTRET PARK-E PRO IBEB 365 CHATHAM ST., _LYNN, MASS.
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RBs 1rr SCALE 1'-10 ' SEPTEMBER 15 19B
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EASTERN PUIMONARY SERVICES, INC. October 4, 1989
Proposed structure to be erected on Lot 85 Bridge St./l Barton St. , Salem, MA 01970
Said Lot being comercially zoned (B1) , the proposed use is for office, storage, ,
distribution of medical oxygen and related respiratory therapy equipment by a
non-retail, home health care provider/supplier.
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ANDREW KWAIT, M. D. BOARD Qf APPEAL§
PSYCHIATRIST
84 HIGHLAND AVENUE
SALEM, MASSACHUSETTS 01970 . p /j n
TELEPHONE 617 744-3364 '1' �!tt'' � 29
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Wy OF GALE A1HAS$
Sep-tembeA 25, 1989
Mn. James Fleming, Chaihman
Salem Board o5 Appeatz
-Wem Green
Salem, MA 01970
Dean OL. Fleming:
I am whiting you on behakb oU 9t. 9 Mrs. Raby, the ownvus/opeAaiou
ob EaaxeAn Putmonary SeAvieeb, Inc. We have been neighboxz on the
th.iAd {Moot at Highland Place 4on .three yeau.
Theh.e has neveA been any problem euch as eus.tomeA tta66ic, or noise,
that would inteA. ehe with my ability to conduct my pnacti.ce. I obten
have evening o56iee howls and they ane aetdom, iU eveA, in .the buitding
a4teA 6:00 P.M. I have not been aware o6 any cmtomeA tAa64ic at
EazteAn Putmonany SeiLvicu. To .the beet os my knowledge, .they provide
thei,t equipment and 3eAv,icea to .thew cZientz .in .theiA homez.
I believe that theiiL pnopo.6ed 5tAuctu&e and opeution would be an
asset .to .the Bridge S.tAeet neighborhood.
SinceAely,
Andrew Kwan, M.D.
Special Care Home Health Services
84 Highland Ave., Suite 306, Salem, MA 01970 (617) 741-4844
Affiliated with New England Rehabilitation Hospital
Special Care Nursing Service, Inc. Special Care Medical Equipment, Inc.
Special Care Certified of Massachusetts, Inc. Special Care Arlington Home Health Care, Inc.
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SeptembeA 25, 1989 ' m o
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Ma.. James Ftem.ing, ChaiAman vm
Salem Boated of AppeaU ry
1 Salem Green �a m
SaEem, MA 01970
In c.;
Dealt Mn. Fteming: cn "'
We ale a nukzing aenv.iees ptacement agency Located next door to
EaeteAn Putmonany SeAvicez, Inc. at H,ightand Ptaee .in Salem. We have
been neighboth Son ovet .two yeau and have enjoyed out aehoei.ati.on
with the ownehlopeAatons, Kate and Ph.it Raby.
We undekztand that .the Raby'3 have pP.an,6 to conh.tAuet theih new
o44ice6 at BAidge and Barton S.tAeet6 and .the neighbots ane conce/Lned
about tAa66.icicongeh-ti.on pnobZems thei& pteaenee may ptesent. There
have heveA been any pnobtemh o6 .thiz aott a.6, by .the nature as .they
bu6,inebd, they have no cmtometz coming .into the oJ6ice $ot thet
ptoduct. E"teAn Putmonany 16 a Home Health Cane Ptov.idet, with .the
empha6i6 being on "home".
Out hours o4 opeAation ane 7:00 A.M. - 5:00 P.M. We ate geneAaUy
.the {IiAzt .to ahnive on the Th.vcd Ftoot. Eas.tenn Puf-monany'a o6jiee
ubua ty opene between 9:00 - 9:30 A.M. Kate RAby .i6 ubuoUy the Zaz.t
peAhon .in E"teAn Putmonaty SeAviceS when we Ceave. Theit wotUhop
and ztotage room ,ins located within .the.lt geneAat o66ice area. There
have neveA .been any ptobtema with Loud noi,5u that .intetbehe with .the
opeAati.on os any o5 the o.thet ob4.icea tocated on out 6toot.
We 4ee2 .that Kate and Phil, along with .theit .6ta64, ane exee2Eent
nei.ghban,5, .being counteoua, helpful, and aPJway.6 pleasant. They opeAate
a bine businezz with .integkity and honesty and would des.in tely be an
aaaet to the community a.6 pnopeA.ty owneAb.
S.ineeAety,
Cathy Catbone
Branch ManageA
Locations
Woburn • Quincy • Plymouth • Hanover • New Bedford • Falmouth • Nantucket • Osterville • Orleans • Salem
Toll Free Number 1-800-322-4655
CITY OF SALEM SEPTEMBER 19 , 1989
BOARD OF APPEAL
MR. JAMES M. FLEMING, CHAIRMAN
WE THE UNDERSIGNED ARE NOT SUPPORTIVE OF THE PETITION
SUBMITTED BY EASTERN PULMONARY SERVICES INC . FOR VARIANCES
FROM DENSITY, SETBACKS , USE AND PARKING TO ALLOW OFFICE,
STORAGE, SALES AND DISTRIBUTION USE AT 85 BRIDGE/1 BARTON
STREET.
WE FEEL, WITH THE CURRENT HIGH DENSITY OF TRAFFIC, THE NUMBER
OF SMALL CHILDREN WHO PLAY NEXT TO THE PROPERTY AND LIMITED
PARKING AVAILABILITY, THE UTILIZATION OF THE PROPERTY FOR A
FAMILY RESIDENCE WOULD GREATLY ENHANCE THE NEIGHBORHOOD AS
WELL AS THE COMMUNITY.
WE STRONGLY URGE THE BOARD OF APPEAL TO DENY THE REQUEST OF
EASTERN PULMONARY SERVICES, INC .
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CITY OF SALEM SEPTEMBER 19 , 1989
BOARD OF APPEAL
MR. JAMES M. FLEMING, CHAIRMAN
WE THE UNDERSIGNED ARE NOT SUPPORTIVE OF THE PETITION
SUBMITTED BY EASTERN PULMONARY SERVICES INC. FOR VARIANCES
FROM DENSITY, SETBACKS, USE AND PARKING TO ALLOW OFFICE,
STORAGE, SALES AND DISTRIBUTION USE AT 85 BRIDGE/1 BARTON
STREET.
WE FEEL, WITH THE CURRENT HIGH DENSITY OF TRAFFIC, THE NUMBER
OF SMALL CHILDREN WHO PLAY NEXT TO THE PROPERTY AND LIMITED
PARKING AVAILABILITY, THE UTILIZATION OF THE PROPERTY FOR A
FAMILY RESIDENCE WOULD GREATLY ENHANCE THE NEIGHBORHOOD AS
WELL AS THE COMMUNITY.
WE STRONGLY URGE THE BOARD OF APPEAL TO DENY THE REQUEST OF
EASTERN PULMONARY SERVICES, INC .
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Citp of 641em, ;oIngarbuotts
.� Office of the Citp Council
Citp dart
�WMRdB d� WARD COUNCILLORS
VINCENTJ. FURFARO 1989
COUNCILLORS-AT-LARGE PRESIDENT
T. GEORGEA.NOWAK
19 JOSEPHINE R. FUSCO KEVIN R.HARVEY
DONALD T.BATES CITY CLERK VINCENT J.FURFARO
FRANCES J.GRACE
NEIL J.HARRINGTON LEONARD F.O'LEARY
GEORGE P.McCABE
JEAN-GUY J.MARTINEAU
SARAH M.HAYES
MARK E.BLAIR
(TJ
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September 20 , 1989v*+ r
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Mr. James Fleming, Chairman Ln
Board of Appeal
City of Salem
One Salem Green
Salem, MA 01970
Dear Chairman Fleming:
I would like to go on record as being opposed to the petition
for variances from density, setbacks , use, and parking for Eastern
Pulmonary Services , Inc. at 85 Bridge Street/One Barton Street.
The neighborhood, which currently suffers from a severe parking
problem, would be even more adversely affected if a variance from
parking were to be granted.
Secondly, the combination of stored chemicals and variances from
setback requirements and usage, I belive, would make for a poor plan
for that particular parcel.
I would hope that you would give strong consideration to my
concerns as the elected official representing that particular
neighborhood.
Sincerel ,
K VIN R. HARVEY
COUNCILLOR WARD TWO
KRH/deb
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PROPOSED FOUNDATION
N/F
PATRICK J. RYAN
MAP 36 PARCEL 361
100.00' _ _
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PARKING -SPACES
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:6 PROPOSED TA'0 STORY , O Q SALEM REAL TY TRUST BUILDING MAP 36 PARCEL 363 `
5000 S.F.
MAP 36 PARCEL 362
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36.00' .
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I_________________________________________________t,y ___- _____-____---_ 5 ?� RALPH
V , i� WILLIA
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100.00' to u p No.29422
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BARTON STREET
1 INCH 10 FEET
10 0 10 20
ZONE 91 LOT AREA, 6000 S. F. * LOT FRONTAGE.• 60 '
PLAN OF LAND
FRONT YARD.' 15 'A' SIDE YARD.' 10 ' REAR YARD.- 30 '*
*VARIANCE REOUESTED IN
DEED REFERENCE.- 600K 6475 PAGE 454 SALEM MASS.
NOTE.' A VARIANCE IS ALSO REOUESTEO REID LAND SURVEYORS
FOR THE NUMBER OF OFF STREET PARK-
INGS REQUIRED. THREE ARE PROVIDED. 365 CHA THAM ST. , L YNN, MASS.
"Res 111 SCALE 1 "'--10 ' SEPTEMBER 16, 1989
89-10
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