265 REAR LORING AVENUE - BUILDING INSPECTION 265 REAR LORING AVENUE
/T/UTLL'1lCG® s j
UPC 10330
No. 153L
HASTINGS. MN
CITY OF SALEM, MASSACHUSETTS
PLANNING DEPARTMENT
CRAIG L.WHEELER4&
�° * ONE SALEM GREEN
City Planner �� 01970
yl (978) 745.9595 Ext. 311
��_� & Fax (978) 740-0404
�GHIIVg
April 16, 1999
Nina Cohen, Chairman
Salem Zoning Board of Appeals
22 Chestnut Street
Salem, MA 01970
RE: 265 Loring Avenue—Petitions of Timothy and Amy Salvo and Joyce Salvo
Dear Chairman Cohen:
The Planning Board discussed the two petitions before your Zoning Board-of Appeals for the
property located at 265 Loring Avenue at their April 15, 1999 meeting. Both petitions request a
permit for a Special Wetland Permit. The Salem Zoning Ordinance states in Section 7-16,
Wetlands and flood hazard districts that, "any uses permitted in the portions of the zoning
districts so overlaid may be permitted as an exception if authorized by special permit by the
Planning Board". Both petitions regarding a request for a Special Wetland Permit must be filed
before the Planning Board for special permit approval. The Zoning Board of Appeals cannot
grant a permit for a Special Wetland Permit.
In addition, the petition from Joyce Salvo for a variance from the construction of a paper street
(Pierce Street) cannot be granted by the Zoning Board of Appeals. The Planning Board,
according to the Salem Subdivision Regulations, has jurisdiction over the access to lots. As
stated in the Salem Subdivision Regulations, "The Planning Board under the subdivision control
law, shall be exercised with due regard for the provision of adequate access to all of the lots in a
subdivision .....". The petition to not construct a paper street pertains to access to a lot, which is
the jurisdiction of the Planning Board. The Zoning Board of Appeals cannot grant a variance
from the construction of a paper street (Pierce Street).
Both of the issues discussed above should not be before the Zoning Board of Appeals for
approval. The applicant should apply with the Planning Board in order to conduct a public
hearing on these issues. I have spoken to City Solicitor Bill Lundregan concerning these issues.
Any. Lundregan stated that the applicant is currently before the Land Court in litigation with the
City of Salem. Prior to hearing the requests before your Board, the Planning Department and the
Planning Board recommends that you request a legal opinion from the City Solicitor regarding
the appropriateness of the petitions before your Board.
Zoning Board of Appeals
April 16, 1999-2
I hope this information is helpful to you. Please contact me at the Salem Planning Department at
745-9595,extension 311 if you have any questions or if I may be of further assistance.
Sincerely,
Craig Wheeler
City Planner
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DECISION OF THE PETITION OF JOYCE SALVO REQUESTING A WETLANDS
AND FLOOD HAZARD VARIANCE FOR THE PROPERTY LOCATED AT 265
REAR LORING AVENUE R-1
A hearing on this petition was held on April 21, 1.999 and continued monthly until
August 18, 1999 with the following Board Members present: Nina Cohen, Chairman,
Ronald Harrison, Michael Ward, Stephen Buczko and Stephen Harris. Notice of the
hearing was sent to abutters and others and notices of the hearing were published in the
Salem Evening News in accordance with Massachusetts General Laws Chapter 40A.
The petitioners are requesting a Variances under Section 7-16 (g) of the Zoning
Ordinance to construct a single family dwelling on the property located at 265 Rear
Loring Avenue also known as Lot 317 Pierce Road located in an R-1 zone.
Section 7-16 (g) of the Ordinance states;
A variance may be granted from the provision of this section in accordance with the
terms of this zoning ordinance and with the terms of Massachusetts General Laws,
Chapter 40A, Section 10, but only upon the following additional terms and conditions:
(1) A special permit has been applied for in accordance with this section and has been
denied.
(2) The board of appeals shall only grant a variance from the provisions of this section
upon:
a. A showing of good and sufficient cause*
b. A determination that failure to grant a variance would result in exceptional
hardship to the applicant;*
c. A determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, extraordinary public expenses, create
nuisances, cause fraud on or victimization of the public, or conflict with existing
local laws or ordinances;* and
d. A determination that the variance is the minimum necessary to afford relief.*
(3) Along with the petition for a variance hereunder, the petitioner shall file;
a. A written report describing the proposed development or use relative to the
conditions in this subsection (g);
b. The special permit application as filed with the planning board;
c. A copy of the planning board decision relative to the Special Permit
The board of appeals shall establish a hearing on the petition under the provisions of
Chapter 40A of the Massachusetts General Laws and in accordance with the board's
v CILERK'S OFF11
DECISION OF THE PETITION OF JOYCE SALVO REQUESTING A WETLANDS
AND FLOOD HAZARD VARIANCE FOR THE PROPERTY LOCATED AT 2651Y7- SEP — 1 A
REAR LORING AVENUE R-1
page two
administration rules, section 9-3 of this ordinance, and shall notify the planning board,
city engineer, board of health, conservation commission and historical commission of
said hearing. The board of appeals shall notify the applicant in writing of its decision on
the petition. In the event a variance is granted, the board shall document in its decision
the nature of the variance from the provisions of the wetlands and flood hazard districts
as well as the grounds for its granting. A variance from the flood hazard district shall
include the following statement;
" The construction of a structure below the base flood level increases risks to life
and property and will result in increased premium rates for flood insurance
up to amounts as high as 525.00 for 5100.00 of insurance coverage".
The board of appeals shall, as a condition of the variance, require that a copy of the
variance be recorded by the applicant at the registry of deeds.
The Variance, which has been requested, may be granted upon a finding by this Board
that:
1. Special conditions and circumstances exist which especially affect the land, building
or structures involved and which are not generally affecting other lands, buildings
and structures involved.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner.
3. Desirable relief may be granted without substantial detriment to the public good and
without nullifying or substantially derogating from the intent of 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 facts:
1. Petitioner Tim Salvo is seeking a variance for a Special Wetland Permit pursuant to
Article VI 1, Section 7-16 (g) of the Zoning Ordinance in order to build a single
family home on the lot at 265 Loring Avenue , also known as Lot#316 Pierce Road.
2. Petitioner Joyce Salvo is seeking a variance pursuant to Art. VIII, Section 7-16 (g)
to construct a single family house at 265 Rear Loring Ave., also known as Lot#317
Pierce Road.
SALEM, MIA
LcRti'S OFFICE
DECISION OF THE PETITION OF JOYCE SALVO REQUESTING A WETLANDS
RANDEAR LOOD HAZARD AVE.VARIANCE FOR THE PROPERTY LOCATED AT SCD - 26,j 11: 5
page three H
3. Both petitioners' properties lie within the Wetlands District Buffer Zone as defined
by the Salem Zoning Ordinance. The properties are also within the Flood Hazard
District as defined by the Ordinance. As such, the proposed development could have
been approved by the City of Salem Planning Board. The Salvos applied to the City
of Salem Planning Board for special permits pursuant to Section 7-16 (c) of the
Ordinance, which gives the Planning Board authority to grant a special permit to
construct homes within the Wetlands and Floor Hazard District.
4. The Planning Board denied the Salvos application for special permits pursuant to
Section 7-16 (c). See decision of the Planning Board dated February 28, 1997. The
Salvos appealed the decision of the Planning Board, and the parties anticipate a trial
on this appeal in September 1999. .
5. Notwithstanding, the pendency of the Salvos' appeals, the Zoning
Board of Appeals heard argument at its May 19, 1999 general meeting on the
question whether two variances could be issued to the Salvos pursuant to Section 7-
16(8) of the Ordinance. The Zoning Board also heard argument at subsequent
meetings that were attended by the Salvos,their attorney Edmund C. Smith,
concerned neighbors and City Councillor Mark Blair, Ward 7.
6. Neighbors opposed to the proposed development raised concerns regarding the
hazards of water runoff from and through the site, flooding on the site, damage
to marsh—dwelling wildlife, traffic safety from cars exiting onto and entering
from Loring Avenue, preservation of wetland and neighborhood density. Among
those who appeared and spoke in opposition to the proposals were: Loretta
and Randall Wieting, Robert Mackay, Cathy O'Donnell, Gerogette Gay, Anthony
Zarkades, Gene McCarthy and Ward 7 City Councillor Mark Blair.
7. Friends and neighbors speaking in support of the proposal argued that the
development would improve a vacant lot, that the Salvos had obtained permits
from relevant state agencies regarding traffic flow and conservation issues, and that
the construction of housing of properties on the site would contribute to overall tax
revenue in the City of Salem. Among those who spoke in favor of the petitioners
were: Arthur King, Victoria Kulik, Clayton Smith, George Levesque, Robert
Blenkhorn and Gary Pierce. Steve Salvo and Tony Salvo, father and uncle to the
petitioner also argued in support of the petitioners.
8. In May the Zoning Board solicited an opinion from William Lundrergan, City
Solicitor, regarding the legality of hearing the Salvo petitions while the outcome of
the salvos' appeal was pending. The City Solicitor issued an opinion on that subject
on June 8, 1999.
DECISION OF THE PETITION OF JOYCE SALVO REQUESTING A
WETLANDS AND FLOOD HAZARD VARIANCE FOR THE PROPERTY
LOCATED AT 265 REAR LORING AVENUE R-1
page four
See letter of William Lundregan to Nina Cohen. The Zoning Board also received notice
from Craig L. Wheeler, of this opposition to the issuance of a variance under Section 7-
16 (g) of the ordinance. See letter of Craig Wheeler to Nina Cohen, dated April 16,1999.
The Salvos vigorously opposed these positions in correspondence directed to the Zoning
Board from Attorney Edmund C. Smith and in open argument.
9. The Zoning Board of Appeal did not make specific findings regarding the issues of
traffic safety, water runoff and flooding, or conservation raised by the neighbors in
opposition to petitioners.
On the basis of the above findings of fact, and on the evidence presented at the hearings,
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.
On the basis of the above findings of fact, and on the presented at the hearing, the Zoning
Board of Appeal voted 2 in favor and 3 in opposition, 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.
PETITION DENIED
August 18, 1999
Nina Cohen, Chairman
Board of Appeal .
R
S
DECISION OF THE PETITION OF JOYCE SALVO REQUESTING A WETLANDS
AND FLOOD HAZARD VARIANCE FOR THE PROPERTY LOCATED AT 265
REAR LORING AVENUE R-1
page five
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 the 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 or
Special Permit granted herein-shall not take effect until a copy of the decision bearing the
Certificatio of the City Clerk that 20 days have passed an 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 owners Certificate of Title.
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CITY OF SALEM - MASSACHUSETTS
WILLIAM J.LUNDREGAN Legal Department JOHN D.KEENAN
City Solicitor 93 Washington Street Assistant City Solicitor
81 Washington Street Salem, Massachusetts 01970 60 Washington Street
Tel:978-741-3888 Tel:978-741-4453
Fax:978-741-8110 Fax:978-740-0072
December 28 , 1999
Charles W. Trombly, Jr. , Recorder
Commonwealth of Massachusetts
Land Court
24 New Chardon Street
Boston, MA 02114-4703
RE : Joyce P. Salvo, et al
VS .
City of Salem Planning Board, et al
Land Court Docket Number: 236866
Dear Mr. Trombly:
Please find enclosed for filing and docketing in the above
matter Stipulation of Dismissal .
If you have any questions with reference to this matter, please
do not hesitate to call me .
Very truly yours,
WILLIAM J. LUNDREGAN
CITY SOLICITOR
WJL/amc
Enclosure
cc : Mayor Stanley J. Usovicz, Jr .
Patrick Reffett, City Planner
Peter Strout, Building Inspector
Edmund C. Smith, Esq.
PC)COMMONWEALTH OF MASSACHUSETTS CO(
DEPARTMENT OF THE TRIAL COURT
THE LAND COURT
SUFFOLK, SS . DOCKET NUMBER : 236866
JOYCE P . SALVO, TIMOTHY J.
SALVO, AND AMY SALVO, Plaintiffs,
vs .
CITY OF SALEM PLANNING BOARD, STIPULATION OF DISMISSAL
WALTER B. POWERS, III , KIM
DRISCOLL, CHUCK PULED, CARTER L .
VINSON, GENE COLLINS, JOHN
MOUTSAKIS, DAVID HART, and
L. LEE HARRINGTON, as they
are the members of the City
of Salem Planning Board, and
the CITY OF SALE, Defendants
Now come the plaintiffs, Joyce P . Salvo, Timothy J. Salvo
and Amy Salvo by their attorney and Defendants, City of Salem
Planning Board, et al by their attorney, in the above entitled
action and, pursuant to the provisions of Massachusetts Rules of
Civil Procedure, Rule 41 (a) (1) (ii) , hereby dismiss this action
wick prejudice and without costs .
For the Plaintiffs, For the Defendant,
Joyce P. Salvo, Timothy J. City of Salem, et al
Salvo and Amy Salvo By their attorney
By their attorney,
Edmund C . Smith, Esq. 4ci�
an, Esq.
101 Washington Street olicitor
R, 207-208 81 Washington Street
Salem, MA 01970 Salem, MA 01970
978-740-9321 978-741-3888
Since 1951
CARR-DEE C®RP.
Complete Soil Investigation Service
37 Linden Street• P.O. Box 67• Medford, MA 02155-0001 •Telephone (781)391-4500• Fax (781)395-3231
May 18, 2000
.Joyce Salvo
4 Lions Lane
Salem, MA 01970 `
We hand you herewith the results of subsur"ace investigation
(one copy), soil samples accompanying, made as directed at
site of 265 Loring Avenue, Salem, MA.
At your earliest convenience, please furnish this office with
a plan or sketch showing test boring locations, in order to
complete our file.
In making inquiries, refer to our Job No. 1000.
Very truly yours,
CARR-`DEE CORP.
i
' Henr .O'DeSimone
Principal
HJD/sd
co'd�r`�v
` CARR-DEE CORP.
37 LINDEN STREET P.O. SOX 67 MEDFORD, MA 02155-0001 Telephone (781) 391-4500
To: JOYCE SALVO, 4 LIONS LANE, SALEM, MA Date: 5-18-00 Job No. -' 1000
Location: 265 LORING AVENUE, SALEM, MA Scale: 1 in.=8 ft. 8
BORING 1
GROUND SURFACE
LQAM, Loamy Sand S#1, 0- to 2-
(1-1-2-3)
2-6" RECOVERED 12 in.
Very Stiff, S#2, 5' to 7'
CLAY
Yellow (8-12-16-18)
RECOVERED 20 in.
Z .8,6„
Medium Dense,
FINE SAND AND S#3, 10' to 12'
INORGANIC SILT (8-12-13-16)
1216" RECOVERED 20 in.
Dense, FINE SAND, Gravel, S#4, 15' to 17-
(41-18-16-19)
Stone, Inorganic Silt RECOVERED 12 in.
S#5, 18' to 20'
(18-13-22-18)
20� RECOVERED 10 in.
WATER LEVEL 9'
.SIZE OF AUGERS 3-3/4" I.D., LENGTH' 15-0-1
DRILLER: J. CENTRELLA
DATE STARTED & COMPLETED: 5-17-00
ALL samples have been visually classified by DRILLER. Unless otherwise specified, water levels noted were observed at completion
of borings, and do not necessarily represent permanent ground water levels. Figures in parenthesis indicate the number of blows
required to drive Two-inch Split Sampler 6 inches using 140 lb. weight falling 30 inches(±). Figures in column to left
(if noted) indicate number of blows to drive casing one foot, using 300 Ib. weight .falling 24 inches (±).
Sheet 1 of 1
Y
CARR-DEE CORP.
37 LINDEN STREET P.O. BOX 67 MEDFORD, MA 02155-0001 Telephone (781) 391-4500
To: JOYCE SALVO, 4 LIONS LANE, SALEM, MA Date: 5-18-00 Job No. : 1000
Location: 265 LORING AVENUE, SALEM, MA Scale: 1 in.=8 ft. 8
BORING 2
GROUND SURFACE
LOAM S#1, 0' to 2'
2, (1-2-2-3)
LPAMY SAND, Some Gravel RECOVERED 20 in.
3� S#2, 2- to 3-
(4-6)
RECOVERED 10 in.
S#2A, 3' to 4'
Very Stiff, (10-10)
RECOVERED 10 in.
-I_ yellow CLAY S#3, 5' to 7-
(10-16-21-27)(10-16-21-27)
RECOVERED 18 in.
S#4, 10- to 12'
1216-- (5-6-9-12)
RECOVERED 24 in.
Medium Dense, FINE SAND, S#5, 15' to 17'
Some Inorganic Silt, (9-11-12-14)
Some Gravel RECOVERED 24 in.
S#6, 18' to 20'
(11-13-14-14)
20' 4
RECOVERED 18 in.
WATER LEVEL 9' 1
SIZE OF AUGERS 3-3/4" I.D., LENGTH, 15'0"
DRILLER: J. CENTRELLA
DATE STARTED 8 COMPLETED: 5-17-00
All samples have been visually classified by DRILLER. Unless otherwise specified, water levels noted were observed at completion
of borings, and do not necessarily represent permanent ground water levels. Figures in parenthesis indicate the number of blows
required to drive Two-inch Split Sampler 6 inches using 140 Ib. weight falling 30 inches(!). Figures in column to left
(if noted) indicate number of blows to drive casing one foot, using 300 lb. weight falling 24 inches
Sheet 1 of 1
CARR-DEE CORP.
37 LINDEN STREET P.O. BOX 67 MEDFORD, MA 02155-0001 Telephone (781) 3,91-4500
To: JOYCE SALVO, 4 LIONS LANE, SALEM, MA Date: 5-18-00 Job No. : 1000
Location: 265 LORING AVENUE, SALEM, MA Scale: 1 in.=8 ft. 8
BORING 3
GROUND SURFACE
LOAM, Loamy Sand S#1, 0' to 2'
2' (1-2-2-3)
RECOVERED 12 in.
S#2, 2' to 4-
(8-14-20-29)
RECOVERED 18 in.
Hard to Very Stiff, S#3, 5' to 7'
Yellow CLAY, (10-12-16-25)
Some Inorganic Silt -RECOVERED 20 in.
S#4, 10' to 12-
(8-12-13-20)
Z 12-61- RECOVERED 24 in.
Medium Dense, FINE SAND,
Some Inorganic Silt, S#5, 15' to 17'
(8-10-11-13)-
17'6" RECOVERED 24 in.
Dense, FINE AND COARSE SAND, S#6, 18' to 20'
Some Gravel, Inorganic Silt (20-15-16-12)
20' - RECOVERED 7 in.
WATER LEVEL 12-61-
SIZE
2'6"S12E OF AUGERS 3-3/4" I.D., LENGTH,1510"
DRILLER: J. CENTRELLA
DATE STARTED 8 COMPLETED: 5-17-00
All samples have been visually classified by DRILLER. Unless otherwise specified, water levels noted were observed at completion
of borings, and do not necessarily.represent permanent ground water levels. Figures in parenthesis indicate the number of blows
required to drive Two-inch Split Sampler 6 inches using 140 lb. weight fatting 30 inches(!). Figures in column to left
(if noted) indicate number of blows to drive casing one foot, using 300 lb. weight falling 24 inches (t).
Sheet 1 of 1
T
Ilk BOARD OF ASSESSORS
93 WASHINGTON STREET, CITY HALL, SALEM, MASSACHUSETTS 01970-3595
` fp
(978) 745-9595 Ext. 261
(978) 744-2069 Fax
September 23, 1999
Deborah E. Burkinshaw
City Clerk
City Hall
Salem MA 01970
Dear Miss Burkinshaw:
Please be advised that the new street address for Assessors Map 31, Lot 316, (formerly known as
0000 Pierce Road)will be changed to the following:
26d Loring Avenue _ Map 31_Loot 316
Very truly yours,
-
Frank Kulik
Director of Assessina
cc: Postmaster Joseph L. Leccese
Chief Robert Turner, Fire Dept.
Helen Jiadosz, Water Dept.
Peter Strout, Inspector of Buildings
Capt. Paul Murphy, Police Dept.