R51 & 4 CANAL STREET & FLORENCE STREET - ZBA NNW i R51 CANAL STREET/4 FLORENCE STREET
i ADMIRACION MUTUA de la SOCIEDAD
V \
M
r (Iitu ofttlem, � ttssttclTusetts
4 OCT Z3 i[ 04 ; 'V3
DECISION ON THE PETITION OF ADMIRACION MUTUA DE LA SOCIEDAD
CORPORATION AT R31 CANAL STREET/4 FLORENCE STREET. R4 AND R2
A hearing on this petition was held October 18, 1995 with the
following Board Fembers present: Stephen Touchette, Chairman; Gary
Barrett, Nina Cohen, Arthur Labrecque Albert Hill . Notice of the
hearing was sent to abutters and others and notices of the hearing
were properly published in the Salem Evening News in accordance with
Massachusetts General Laws Chapter 40A.
Petitioner is requesting Variance for a CHANGE OF USE to allow for a
Television Production Studio and Singles Dances with a Liquor License
for providing refreshments.
The Variance which has 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 or structures in the same
district.
b. Literal enforcement of the provisions of the Zoning Ordinance
would involve substantial hardship, financial or otherwise, to the
petitioner.
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 pians, makes the
following findings of fact:
1. No-one spoke in favor of the Petition.
2. Attorney Philip Moran, representing Mr. Anthony Picariello
spoke in opposition to the petition.
3. Mr. Peter Vaillancourt spoke in opposition to the petition.
Additionally, Mr. Vaillancourt submitted a Petition with 19
Signatures to the Board voting in opposition to the Variance
requested.
DECISION ON THE PETITION OF:.T=.DMIRACION MUTUA DE SOCIEDAD
CORPORATION FOR A VARIANCE R51 CANAL STREET/1 FLORENCE
page two
On the basis of the above findings of fact, and on the evidence
presented at the hearing, the Board of Appeal concludes as follows:
1 . Special conditions do not exist which especially affect the
subject property and not the district in general .
2. Literal enforcement of the provisions of the Zoning Ordinance
would not involve substantial hardship to the petitioner.
3. The relief requested cannot be granted without substantial
detriment to the public good or without nullifying and
substantially derogating from the intent of the district or the
purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, D-i against
the motion to grant, having failed to garner the required four
affirmative votes to pass, the motion is defeated and the petition is
denied.
VARIANCE DENIED
October 18, 1995
Albert C. Hill , _r
Member, Board of Appeal
COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AN
THE CITY CLERK
APPEAL FROM THIS DECISION, =F ANY, SHALL BE MADE PURSUANT -0 SECTION
17 OF THE MGL CHAPTER 40A AND SHALL BE FILED WITHIN 1--0 DAYS AFTER THE
DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSUANT TO MGL CHAPTER 40A, SECTION 11, THE VARIANCE OR SPECIAL
PERMIT GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY CF THE
DECISION BEARING THE CERTIFICATION OF THE CITY CLERK THAT 20 DAYS
HAVE PASSED AND NO APPEAL HAS BEEN FILED, OR THAT, 7r SUCH IDD-PAL HAS
BEEN FILED, THAT IT HAS BEEN DISMISSED OR DENIED IS RECORDED IN THE
SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER
OF RECORD OR IS RECORDED AND NOTED ON THE OWNERS CERTIFTC=.TE OF
TITLE.
0
BOARD OF APPEAL
' N
w
_ N
O
-'n
N
Ln
01itg of �$ttlem, ttsstttlju$e#ts
3
4 Paurb of 'ppeal
OCTOBER 23, 1995
YOU ARE HEREBY NOTIFIED THAT AS OF OCTOBER 23, 1995 THE DECISION OF
THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE CITY CLERK TO
DENY THE PETITION OF ADIRACION MUTUA DE LE SOCIEDAD CORPORATION REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT 4 FLORENCE/ 51 CANAL STREET, SALEM,
MASS.
VARIANCE DENIED
BOARD
F APPEAL _
_ SALLY C. RTAGH
CLERK OF THE.BOARD
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERK.
Appeal from this decision, if any, shall be made pursuant to Section 17, of
MGL Chapter 40A, and shall be filed within 20 days after the date of filing
of this decision in the office of the City Clerk. Pursuant to MGL Chapter
40A. , Section 11, the Variance/Special Permit granted herein shall not take
effect until a copy of the decision bearing the certification of the City
Clerk that 20 days have elapsed and no appeal has been filed, or that, if
such appeal has been filed, that it has been dismissed or denied is
recorded in the South Essex Registry of Deeds and indexed under the name of
the owner of record or is recorded and noted on the owner's Certificate of
title.
Board of Appeal
DATE OF HEARING
HTITIOP?ER Gs2� / Ili l 0 C/�
LOCATION
NOTION: TO GRANT SECOND AMENDMENT SECOND
TO DENY SECOND
TO RE-HEAR SECOND
WITHDRAW SECOND
CONTINUE SECOND
I
ROLL CALL PRESENT GRANT DENY AMEND WITHDRAW RE-HEAR CONTINUE
GARY M. BARRETT
ALBERT C. HILT i
STEPHEN TOUCHETTE
NINA V. COHEN
ASSOCIATE MEMBERS /
ARTHUR LEBRECQUE
JOSEPH J.YWUC
CONDITIONS:
J
\zbaform\
I I
III - n e. i ssLu n- _ once.
ffi%a
III .�i� ��- _ �� •-
�-
III
�_ �: �-+
III l - - - - - � ,5
�e c10t r
III
1
;. 4 - �
1
n _ 1 E.' �
' '
� i
1
.F - � � . !
r s
i t
� , -
i 1
1 � ' S. M1 .
i
- 1
_ > y`
y'
ai. �i i
i � ` y
`.' ;.
� ` ; ' � i
s.
F'
e
,_
2.
111
t . � � .
. 11.
_ .
. ,
-: � .
�� �. � I
. . � -�.
f � � ��
J
APPEAL CASE NO. . . . . . . . . . . . . .
M
THU of Salem, ��assarbilsetts
e�
�9curb arf `Au{zerII
TO THE BOARD OF APPEAL:
it lessee
The Undersigned represent that "he is/asQ the owzbeies of a certain parcel of land
located at: .$`11L .��n3>, .SliX�et� _.,4_F10ZEjnCetreet; Zoning District B4/R2.... ... .... ... .
and said parcel is affected by Section(s)..IQ9.15. .... .. . ..... . of the Massachusetts
State Building Code.
Plans describing the mUK proposed have been submitted to the Inspector of Buildings
. in accordance with Section 1B A.1 of the Zoning Ordinance.
1-: Theg�remises are partly in a B4 District and partly in an R2 District, and have the
CL bent-fit. oYI, a variance dated August 7, 1985, permitting additional uses of "ware-
® hobs ng., olesale merchandise brokerage and storage, carpentry, woodworking and
priginW,Ahops, or retail uses related to those uses."
PethtLio X is a lessee of a portion of the premises (see diagram), Petitioner
request`s,4an additional variance to allow the premises to be used for "studios,
.a work rciirb, or shops" (see B-5(1.4) ) . Petitioner plans to videotape interviews
with guests in front of a small. studio audience; some of our guests will sing,
co som@-,of far audience may dance along, and we plan to offer refreshments.
c�
Certificate of Occupancy
The Application for/Permit was denied by the Inspector of Buildings for the following
reason(s):
television
The above use as a/studio is not included in either 134 or the variance granted
on August -7, 1985.
The Undersigned hereby petitions the Board of Appeal 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 uweceesary
hardship to the Undersigned and relief may be granted without substantially derogating
from the intent and purpose of the Zoning Ordinance and Building Code for the follow-
ing reasons:
Petitioner submits that this Board has before concluded that: (1) special conditions
affect this lot which do not generally affect the district; (2) literal enforcement
of the Zoning Ordinance would work a substantial hardship upon the Petitioner; and
(3) the variance requested can be granted without substantial detriment to the
public good and without substantially derogating from the intent and purpose of the
Ordinance. (Decision dated August 7, 1985) .
C W
Florence Street Realty Trust
.r a Owner.LEL .2Mta.JCPjgPAnte$..............
rl L'p
M60 60 Leo Birmingham Parkway
Address... . ...... ....... ................
r� o Telephone. Brighton, MA 02135
:., Admiracion Mutua de la Sociedad
Petitioner .�o,,.C,fO'Af0IQS......
Address. . . idl dZd�,..Lfl�.ThQzndllSe.SG,c.Apt•2
Cambridge, MA 02141
Date.August". ....1ra95.. ... Tele hone. ....... ..
.... . ..... ... ....
(508aheecr
ttary
17) 492.-3587
* Shutzer, Laurion & Assoc. , 1.52 Lynnway By... eF.4k�Si.............
Suite 1E, Lynn, MA 0190? (617) 593-2016 Josn, Attorney at Law
Three copies of the application must be filed with of the Board of Appeal
with a check, for advertising in the amount of $............. four weeks prior to the
meeting of the Board of Appeal, Check payable to the Salem Evening News.
NO. . . . . . . . . . . . . . . . . . .
I
PETITION TO BOARD OF APPEALS
LOCATION - t.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Petitioner. . . . . . . . . . . . . . . . . . . . . . .
Address . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . .
CONDITIONS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PETITION APPROVED. . . . . . . . . . . . . ( )
DENIED. . . . . . . . . . . . . ( )
uat.c: . . . . . . . . . . . . . . . . . . . ..
19 . . . . .
ii
EXHIBIT I
FL 02EAjCE STieEET z X1— A-15 /c
t
i �CONCAETf — "
L�A]IeG OOC%
.tiov• zb sd ' r -
"2.cf
v.el
�Ca ANfA ON 11Af <"
CONCAETE 8LO BUILDING J
�ya
• act ° 1
� 5z
RR
- y
BUILDING COANIA
ov7=04 AT PAIffATI CaANEA. .
l !
- i
�q\ I
1m73}v4 =� 70 I
�g /9 y •o4"'E
S�i+»x5 .ari •O9 t I
0.I3•`. G N
F L 0 c�
LEASE dated : March 1 , 1995
TO : Admiration Mutua De La
Sociedad Corporation
i
s COMMONWEALTH OF MASSACHUSETTS _
l3
CITY OF SALEM
�9r APPLICATION FOR CERTIFICATE OF INSPECTION
Date �l(S,(111�5�( I \�L15 (' Fee Required $ 4() bJ
( ) No Fee Required
In accordance with the provisions of the Massachusetts State Building Code, Section
108, 15, I hereby apply for a Certificate of Inspection for the below-named premises
located at the following address:
Street b Number �, rlCR�vCE, ST- 51 Zt'M� LuvNAl, S7 SU1TK,
S
Name of Premises
Purpose for which Premises is used TE�tu'S�oN PaGo�..�t(ud STuAiO .SiN(y(f$ S)A1,KV
License(s) or Permit(s) required for the premises by other Governmental Agencies:
License or Permit �-"
_ Agency m
v �7
<n n W
r- C7
ni rn t0
C7
Certificate to be issued to: lHu7vP\ Df LP-, SoucO^D CQg,,P. n �
Address: ktuvE UR CIO f1QcLHSSAIA />Il �Ij (ko�N �Y, . r
Owner of Record of Building: `(ht SRNA1i4 COvnPq Nko 4AA
Address: '*� &0 (jkkmit cau(( Q00.U,%'dy j06MTD(J Vhd X035
Name of Present Holder of Certificate:
Name of Agent, if any. . .
Q2f�tiS_ S . AL.Nl 3` IJ4N l!ILA"YGU AR4l�i5 SALAL�nR 3a(5 . 7aCA5� C�L.iF
Mtt� 91CCc1Cti
Signature of Person to whom Certificate TITTLELqu rico-3
is issued or his/her authorized agent C1''
Date SM9io '190 3015
INSTRUCTIONS: Day time phone Y HOrf, 611 492_3!4/
1. Make check payable to: The City of Salem
2. Return this application with your check to: Inspector of Buildings, City of Salem
Building Department, One Salem Green Salem MA 01970
PLEASE NOTE:
1. Application form with required fee must be submitted for each building or structure
of part thereof to be certified.
2. Application 6 fee must be received before the certificate will be issued.
3. The building official shall be notified within ten (10) days of any change in the
above information.
CERTIFICATE EYPIRATION DATE:
I '� yy
(�iitp of �Iem, C7s�tttfjusetts
Poara of
DECISION ON THE PETITION OF LEONARD J . SAMIA FOR
VARIANCES FOR B51 CANAL ST./4 FLORENCE ST. , SALEM
P. Public Hearing on this petition was held July 24 , 19 •iln t2,e46cP#4#5,-ig Board
Members present: James Hacker, Chairman; Messrs. , Cha nas, ' Gadthier; Strout and
Associate Member Bencal. Notice of the hearing was se£jll& abutters and others
and notices of the hearing were properly published in the Salem Evening News in
accordance with Massachusetts General Law Chapter 40A. 7 ��= `' -^ Fx• 8S
Petitioner reouests a Variance to allow the premises, which are partly in a B-4
district, to be used either for warehousing, wholesale merchandise brokerage and
storage, carpentry, woodworking and printing shops, or retail uses related to
those uses. Petitioner also requests a Variance from: parking requirements so that
only a =inimum of fourteen ( 14 ) spaces be maintained or. premises. The property i_
owned ty Saul Tanzer Trust, Nathan M. Tanzer, Trustee and is located in a E-4/"n-2
district.
Phe Variance which has been reouested 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, building=- and structures in the same district;
b. literal enforcement cif the provisions of the Zoning Ordinance would in-
volve substantial hardship, financial or otherwise, to petitioner; and
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 B..ard of Appeal, after hearing the evidence presented at the hearing, makes
the fc_lowing findings of fact: -
1 . No opposition was presented to the plan;
2. The size and shape of this lot, and the position of the
building relative to the lot lines, are unique to the district.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
1 . Special conditions affect this lot which do not generally affect
the district;
2. Literal enforcement of the Zoning Ordinance would work a substantial
hardship upon the petitioner;
3. The variance requested can be granted without substantial detriment
to the public good and without substantially derogating from the intent
and purpose of the Ordinance.
DECISION ON THE PETITION OF LEONARD J . SAMIA FOR
VARIANCES FOR R51 CANAL ST./Li FLORENCE ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously 5-0 to grant the
Variances requested provided that:
1 . No storage of any materials be done outside the building;
2. A minimum of fourteen ( 14 ) parking spaces be maintained on
premises
3. This plan be approved by the Salem Fire Department.
VARIANCES GRANTED
Scott E. Charnas, Secretary
A COPY OF THIS DECISION & PLANS HAVE BEEN FILED WITH THE PLANNING BOARD AND
THE CITY CLERK
APPEA' FROh: TMiS DECISIDI;. 1: 6X1'. SHALL BE MAGE PURSUANT TO SECTION 17 OF THE WASS.
GENERAL LA'A'S. CHAFIT_F. ECF. A':7 $Hr LL EE FILE!, C::1 h:Ci 20 DAYS AFTER THE DATE OF FILING
OF —,HIS LC--1"ON Its TRE C°::CE GF THE CITY C'_EEN.
PURSAI9 TC I-..ASS. CCNER !- 1_.-WS, CHAVTER 903. �11�jn 1T. TF;E 1'AR:A:dCE OF. SiCC14L FEK:'IT
ri ':ICK. EEA.FJ:,S TRE CERT
GRANTED hERC9, SHN'_L kDT iA`'.E EFFECT J TIL A CO-)COFI OF THE :_=�-
FICAT7ON OF THE CITY LL:P.L Th Al 2: DAYS HAVE Et4PSED A" I:C AFF'Eid H=S SEEN FLED.
OR THAT, IF SUL.H AN AFPEjI hd' 5L-,-;q FILE. THAT 1T HA�.S BEENO:S;r ISGED CR DENIED IS
RECDF.D'.D IN THE SOUTH ESSEX REGISTRY CF DEEDS ANO I'IDEXEC i'"EF THE NA%.E OF THE OK^CG
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL