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APPEALS DECISIONS 1970-1971 � ��,15 ��S �oR s � P o � a7 97 PAGE 2 • STREET NAME PAGE_ J £erson Ave.398 Poussard,Arthur 54 iusko,l5-17 , Caputi,Mildred 55 "" ayette St. 146 Gelpey,Kenneth 56 Lafayette S�.156-158 Tassinari,Roberto,Dr: 57 Lafayette St .245-247 Building Enterprises, Inc . (Parking) 58 Variance for basement Lafayette St.245-247 G.&A.Realty Trust 58A Lafayette 5t.262 Vener,Philip 59 60 Lafayette St-323 Baizen,Tr. ,Ronnie REalty Tr. ` Lafayette&Loring Ave . Naumkeag Trust Co. 61 Laurent Rd.#32 Tetreault,Arthur 62 Loring Ave.Off Loring Hills Associates 63 Loring Ave .Lots#10,11,12,13 Golov,Arnold 64 Loring Avenue,568 Loring Hills Associates Trust 65 Mason Street,37-39 Warner,Robert `_. Mason Street, 53 A.S. Burg Company 67 _ Memorial, Drive 46 Tondreault,Louise 68 Moffatt Road,23 Borek,Edward 69 Moffatt,Rd. 58.60 ' Colwell & Gallant 70 Mooney Road Lot#25 DeIulis Bros. 71 North Street .75 Salem Paint Co. 72 North Street,111-113 Shell Oil Co. 73 �Jorthend Ave . Horton,Rodney&Patricia 74 akland Street,ll Harrigan,Catherine 75 Ocean Terrace,13 Levesque ,Joseph 76 Oia ,rer Street,15 Lawrence,William 77 (o. tor,Street,80 Eon,Robert 78 ,dale Ave.Lot#172C Salem Acres,Inc . 7890 4, Salem Street,40-42 Bouchard,Joseph Savoy Road,25 Staebner,Gertrude 81 Scenic Place,4 Craig,Watter 82 Star Avenue,4 Ambrefe,Paul 83 Swampacott Road #524 Ragone,Joseph 84 Tedesco Street Think Rink, Inc . 85 Tremont Street,91 D'Amore,Adolphe 86 Washington Street2268 Francoeur,Josgph 87 West Avenue,28 L'Heureux,Roger 88 Willson Rd.Lot#92 Poitras,Anna 89 Winter Island Rd.5 Alley,Gordon 90 .'- c'Jgaarb of cAppeal DECISION ON PETITION OF ESTATE OF LOUIS SHAUB TO ERECT A SINGLE STORY BLOCK BUILDING TO BE USED AS A COLD STORAGE WAREHOUSE AT 28 ABORN STREET, REAR OF FEDERAL o MACHINE COMPANY, 167-171 BOSTON .STREET. The Inspector of Buildings refused to issue a permit to construct a build- ing at this location as the proposed structure would be in violation of the City Zoning Ordinance with regard to lot frontage , and requirements affecting distances to front , side, and rear boundary lines. The Ordinance requires a frontage of 100 feet ; front and rear setbacks of thirty feet , and a distance to each side boundary line of ten feet . The plan submitted shows a frontage of 5�1 . 5 feet, a distance of only one foot from the front and rear and one side boundary lines ; the other side boundary line would be four feet from the proposed structure . A hearing was held on this appeal on December 29, 1969 , pursuant to no- tices mailed postpaid to the petitioner, abutters, board members, and others, and advertisements published in the Salem Evening News . A1.1 Board members , excepting Mr. Doyle who was unable to attend, were Present at this hearing. �r . O'Hara , Mr. Sahagian and Mr. Canty appeared for the per,iti.oner, and explained the case the '.same as in the original appeal on fit-e . The following appeared in opposition to granting this appeal . MrE; . Galper, Mr. Safford, Mr. Jarzynka , Mr. Tgettis and Mr. Spinale abutters on Aborn Street , and Mr. Gregory and Mr. Ganey of Bow Street. Tile Board found that the plan submitted shows existing structures, mainiv dwellings, located on all abutting lot areas; • After careful consideration of the facts presented in this case the Board further found that these structures are located on undersize lots with relation to present Zoning regulations , creating an additional problem of hazardous congestion, and for these reasons were of the opinion that to grant this appeal would be co:_doning serious violations of the Zoning requirements referred to above , ani voted unanimously to grant petitioner Leave to Withdraw 5, finding no harc'ship involved . BOARD OF APPEALS ; r LEAVE TO WITHDRAW GRANTED BY ) ! Secretary i 0t �Id 5S z 6 �+df T � Cott ofMlem�, � ttssttcl�zzse# s Puttrb of Appvll DEC SON ON PETITION OF MR. TAX OF AME:- ''.v, .t TRAILER AND USE SAME FOR A PERIOD OF FOUI NT( S E YEAR. OF. THE NEXT FIVE YEARS FOR PREPARING =,RTHI.M �.uLiCCc V.. ' The et. ,:_ finer appealed to the ;Board of Appeals for a Specia-- Pe i,a ._. ;r r .occ xpy a trailer for office purposes at 443-445 H:f. hl n,! e:_. • _ 4 t trailer to be occupied for four months each of fix y, pr ro:+=i.n;; to remove it at the end of that period and return f tl,;_ a:j. ;."Ii off' :ce each year. A ' eari_ r ; a' ` s _ .s;ld on this appeal - on December 29, 196;, ., scant ,r r 'I-- ' ¢"postpaid to the petitioner, abutters, bozrd ot'rx+errs ; and advertisements published in the Salem Evening 'n_a_. :>. W .t's. '; <- a;l.cep_a.on of Mr. Doyle who was unable •to attend, be- _,resenc at this hearing. Mr_ Dori<al_ Suchina, Mr. Stanley Albright and Mr. Benton L. ed 4A . -tt.,: :,petitioner and explained the case the same as s._e or _ x=;:Bared in opposition. f_.-r ^eful review of the City Zoning Ordinance with rc > ct - ii.,ra`, the Board found Section VI'3 restricts the use O; t,.7_ .r; _ Nn ,.4o-., .;ha'. park, store, or occupy a trailer for liv.,_ the City of Salem except: ti ::ger of residential premises may permit occ, anti ,, s?dei .es 'oy non-paying guests usin_; a trailer fcc a per._od rnst eed twenty (20) days. A Special Permit for this p rpos: ei ;,ie?,e o_,t_- `ned from the Inspector of Buildings before the sn __<: so , occupied. No more than one (1� trailer is per- 6 wii..', any one - residence or lot . - 2 . s :�,orar,;r office incidental to constructior< or dev-v_, ':neW'l r emises; on which the r.railer is located shall be fti _ e .rd:i"ul cc_nsideration of the facts presented in this case , 'Board z the , ,-oposed use of this trailer does not fall into tl. „01te- 90 'iev O trails:^-uses permitted by the' Ordinance by Special Permii , and fnr-_'ger found tl-.ere is no hardship, the proposes. 'ase would not be in the interests „$ '-che City, and such occupancy of the lane would derogate ;:he intent nnd 'purpose of the Ordinance and would be., ;:ztrimental to .�• B.obllc goou,. .and for these reasons voted unanimously deny this BOA':';' ;:PPEALS DENIED. BY +kfsa!<vI .,Acting Secret i A 101 to of Salem, ssaacl asP#ts - �m ourb of tal WILLIAM F. ABBOTT JAMES H. BOULDER JOSEPH F. DOYLE JOHN M. GRAY, SR. DECISION ON PETITION OF JOAN M. AND' ROBERT J. DES ROCHES ARTHUR LABRECOUE TO CONSTRUCT AN UPPER LEVEL OVER EXISTING REAR KITCHEN EMERY P. TANCH J. NORMAN WELCH. JR. AT 8i ADAMS STREET. The Inspector of Buildings refused to issue a permit to install a second story addition to this dwelling as the lot area is undersize for the dis- trict and side and rear yard setbacks do not meet the requirements of the City Zoning Ordinance , and such expansion of the structure would be increas- ing existing nonconformity with the Ordinance. Petitioners appealed to the Board of Appeals and a hearing was held on .this appeal on October 26, 1970, pursuant to notices mailed postpaid to the pe- titioner, abutters, board members , and others, and advertisements published in the Salem Evening News . Board members present at the hearing included Chairman John M. Gray, Sr.., William Abbott , Norman Welch and Emery Tanch; unable to attend were members Arthur Labrecque , James Boulger, and Joseph Doyle. �,titioners appearedand explained the case the same as in the original ap- peal on file; there are five children in the fammly and there is an imme- diate need for more bedrooms; the house is over fifty years old and was ex- isting before present zoning laws were adopted; petitioners have owned the property for ten years, or five years prior to adoption of the Zoning Ordin- ance now in effect. No one appeared in opposition. After a thorough study of the facts and plans presented in this appeal, the Board found that to grant a variance would relieve hardship to the petition- ers , and further found that to grant the variance would. cause no detriment to the public. good and would not in any way derogate from the intent and purpose of the Ordinance , and for these reasons voted unanimously to grant this appeal as requested. l BOARD OF APPEALS PETITION GRANTED n s/ BY . Acting Secretary " 'SSVW 'W31VS 331JAO 1113 016 'wish a�ni��3a �2) aW�Y �M RECEIVED AL I"Il 970 varb of� A'4�.,P21d.-_._. _... -cnlnr.�+r' CITY CLE i"S OFFICE 7 . 29 71 WILLIAM F. ABBOTT SALE 14, MASS. --._ _ JAMES H. SOULGER "' -- _.. JOSEPH F. OOYLE JOHN M. GRAY, SR. DECISION ON PETITION OF ANN DENAULT FOR A SPECIAL Ft;n":tIT ARTHUR LASRECOUE TO INSTALL A SWIMMING POOL AT 5 ALBION STREET. EMERY P. TANCH _ J. NORMAN WELCH, JR. The Board members have the facts presented to the meeting, together with a plot plan showing location of pool, and. are of the opinion that a Special Permit for which application is made is in harmony with the purpose and. in- tent of the Ordinance , and should be granted. Record of this meeting is on file with all data furnished for this hearing. By unanimous vote , the Board has therefore voted to grant a Special Permit to install and maintain said pool as requested, subject to the following CONDITIONS: 1 . Bona fide effort made to minimize noise and lights in order to avoid disturbing privacy of neighbors . 2 . Use of the pool shall cease at 10 : 00 P .M. Pool shall be constructed and maintained in accordance with the General Laws of the Commonwealth of Massachusetts applicable to Swimming Pools , and the rules and regulations of the City of Salem Building Code , Board of Health, Electrical Department , Police Department , and the Zoning Ordinance . 4 . Pool shall be surrounded on all sides with a permanent wall or fence at least four feet high; the fence shall have a locking device and a clos- ing device so as to keep the gate shut at all times ; a minimum of one ladder, stair, ledge or standup area , not over three feet below water surface shall be provided for each seventy-five,,-feet of perimeter; fence shall have only one opening, three feet maximum width. 5. Pool shall be constructed of materials that will provide a structurally so�uird and tight tank with impervious surfaces that are easily cleaned. 6 . No swimming pool or appurtenances thereto shall be installed or . altered until a building permit has been obtained from the Building Inspector -- who may issue such permit 21 days from the date stamped on this decision in the office of the City Clerk. . 0 BOARD OF APPEALS, SPECIAL PERMIT GRANTED WITH CONDITIONS. / BY ,, � e t " f- �.,x / T Secretary 7) Pottra of �yyeal DECISION ON APPLICATION OF PAUL G. BUTLER FOR A . WILLIAM F. A8007''L= JAMES ". 0 GEIPl 'j SPECIAL PERMIT TO INSTALL A SWIMMING POOL AT 32 JOSEFN F. U YLE ALBION STREET.M. GR/IY, i". S ARTHUR Lt- .MF"Y F. CCC CCC�......JJJJJJ " � 1 r: In accordance with the regulations of the City "°RM"NwELG" g. .,.J ' Zoning Ordinance , Section V 1-1'e" , and Section L N'> VII J, the Inspector of Buildings advised the pe- titioner o T ppeal to the Board of Appeals for a Special Permit to install a swimming pool. The Appeals Board held a hearing on June 29, 1970 on an appeal from Mr.. Butler at which all Board members , excepting Mr. Doyle, were present. The Board members have the facts presented to the meeting together with the plot plan and literature on the proposed pool, and are of the opinion that a special permit for which application is made , is in harmony with the. purpose and intent of the ordinance and should be granted. By unanimous vote, the. Board has therefore Noted to grant a special per- mit to install and maintain a swimming pool as requested, subject to the following IONDITIONS- 1. Use of pool shall cease at 10:00 .P.M. 2. Pool shall be constructed and maintained in accordance with the General Laws of the Commonwealth of Massachusetts, ap- plicable to swimming pools, and the rules and regulations of the City of Salem 'Building Code, Board of Health, Elec- trical Department, Police Department, and the Zoning Ordinance. 3- Pool shall be surrounded on all sides with a permanent wall or fence at least four feet high; the fence shall have a locking device and a closing device so as to keep the ga.te shut at all times; a minimum of one ladder, stair, ledge or standup area, not over three feet below water surface shall be provided for each seventy-five feet of perimeter; fence shall have only one opening, 3 feet maximum width. 4. Pool shall be constructed of materials that will provide a structurally sound and tight tank with impervious surfaces that are easily cleaned. 5. No swimming pool or appurtenances thereto shall be installed or altered until a building permit has been obtained from the Inspector of Buildings who may issue such permit 21 days from the date stamped on this decision in the office of the City Clerk. BOARD OF APPEALS SPECIAL PERMIT GRANTED WITH CONDITIONS. BY Act. Secretary • L v (Tito of "Salem' Aassachusetts DECISION ON PETITION OF MR. AND MRS. M. J. BOUCHER WILLIAM F. ABBOTT TO INSTALL A SWIMMING POOL AT 29 APPLEBY ROAD. JAMES H. BOULDER JOSEPH I. DOYLE JOHN 11. CRAY, S.. ARTHUR LABRECOUE In accordance with the regulations of the City of EMERY P. TANCH J. NORMAN WELCH, JR, Salem Zoning Ordinance , Section V-B-1-e and Section VII-J; the Inspector of Buildings advised the peti- tioners to appeal to the Board of Appeals for a Special Permit to install a swimming pool. A hearing was held on this appeal on September 23, 197u,' at which Board Members Arthur Labrecque, John M. Gray, Emery Tanch and William F. Abbott were present; Board Members Joseph Doyle, Norman Welch and James Boulger were unable to attend. Notice of this hearing was mailed to the petitioner, 'abutters , board mem- bers, and others, and advertisements advising of the hearing were published in the Salem Evening News. Petitioners appeared at the hearing and stated the case the same as in the original appeal on file: The Board Members have the facts presented to the meeting together with the plot plan and literature on the proposed pool, and are of the opinion that the Special Permit for which application is made is in harmony with the pur- ose and intent of the Ordinance, and should be granted. By unanimous vote the Board has therefore voted to grant a special permit to install and .maintain a swimming pool as requested, subject however, to the following CONDITIONS: 1. Use of pool shall cease at 10:Ou P.M. 2. Pool shall be constructed and maintained in accordance with the General Laws of the Commonwealth of Massachus- etts, applicable to Swimming Pools, and the rules and regulations of the City of Salem Building Code, Zoning Ordinance , Electrical Department, Police Department and C= the Health Department. rte- w . U G y Pool shall be surrounded on all sides with a permanent wall or fence at least four feet high; the fence shall rrn '"w have a locking device and 'a closing device so as to co .'. � keep the gate shut at all times; a minimum of one ladder, ; stair, ledge or standup area , not over three feet below water surface shall be provided for each seventy-five Nfeet of perimeter; fence shall have only one opening, three o a feet maximum width. 4. Pool shall be constructed of materials which will ..provide a structurally sound and tight tank with impervious surfaces I i 2 - i DECISION ON BOUCHER APPEAL DOR SWIMMING POOL (Cont ' d. ) that are easily cleaned. 5. No swimming pool or appurtenances thereto shall be installed or altered until a building permit has been obtained from the Inspector of Buildings. SPECIAL PERMIT GRANTED WITH CONDITIONS. BOARD OF APPEALS au �, es ux BY A I A r n. �— qiAct . Secretary ` co 4W LaW �s e— t- v i --4 r Yf LT1 0�'� 9 DcTz� D J iml m w wpm v. n000rr - N nmed w. dou�o Ea 4 . 29 - 70 -v JOdEPN P. OOYI.E VI —G nrrTS�nN ON APPFAT, OF YT-nnnJnrT) rOYTNTTRY rl.TTR, TO FFA* r7p" nrrra�n uonEco�c PFNrT-' 1Q.' HTr-R, 9921 T,nNr: , AN T.\TFNSTON OF PFN(,,F FpT-r- TFT) BY CTTY nF SAME FTFT(,HT. Kernwood rmintry rinh, thrnii h its rommselor Samuel PPnrl , apnenled to the Board of appeals , to install a fence q feet himlh x 312 feet on Kerniannrl rnnntry - Club nroperty i.n the rear of the l9th ?*reen and at. the ,itatrtnre of Appleton Street , an extensionof the fence erected by the City of the same hei.ght. , in connection with the constrvr,tinn of a new school. . A hearing; was held o.n. this appeal on April 27 •1970 , pursuant to no- ti.ces mailed postnai.d to the petitioner, its stt.ornev , nhrntters , hoard members , and others , and adverti_somen.ts published in the 'Snl.em Fveni.n,- News . All Board members , excepti.n;, Mr, Oray , Mr, Tnnch and Mr. Pnv_ le were pres- ent at this hesri.rIr. 4'o one appeared in npposi.ti.nn . Cm,nsel_or Pearl. appeared for the petitioner, and pxpla. i,ne(l the case the same as in the ori.,r*-inal. appeal. on file . After careful. ronsidernti.nn of the facts presented i.n this case , the Board found that to erect this fence wm,ld he i.n conformi.ty with the i.nten.t of the ori-final decision regnested by the Ci-ty of Salem In the case of the Rates School with re,?ard to a l.i.ke fence bei-n- erected ; permissi.nn to erect snrh a fence had been rranted by this Board on November 29 , lgF$ to the City of Salem after acgrni.siti.on of this property through a 7i_ft from the Kernwood Country Clrrb for the purpose of erectint- a new school. bni_l.ding,. The Board found that to F,.rant this appeal. wmild in no wav dere,*Mie. from the intent and rnirpose of the Ordi-nance , and would in nn wav he detri _ mentalto the p*nhlic f*nod , and farther found that to grant this appeal wr�isl.d relieve hardshi.p to the avtbnri.ties of the new school. strrnctare and to the petitioner, and for these reasons voted nnnnimm,s,ly to ,grant this appeal. with the conditionthat the 8 ' fence he open-type chain .l.i.nk with- opt barbed wire . APPFAT, CPANT'T=EP WTTH rnNT1TTT!1N. BOARD nF APPr,AT S Ser.retary "" 4 t,Cn'w t T.�ifu of "5alem, tte etf t f�s Pnarb of c�l'3�e�TI \•pb F;ti.Imo`'^ ' 1111UAM 1. <...I DFCTSTON ON APPEAL OF ANDRF,IJ MTTOTIRLT. FOR SPFCTAL PFRMTT J^MEG H. ROVLG ER TO TNSTAT,T, A SWTMMTNr, POOL AT 10 nAPCELONA AVENUE, JO6CRM i. OOYLE JOHN M. GRAY. 3R. hRT"U"LAIDRECOVE Petitioner appealed to the Board of Appeals to ,grantia Special Permit to install a swimming pool at 1.0 Barcelona , having; beenadvised hv. the T.nspec- tor of Bni.l.dinps that in accordance with Section VTT , Para,>raph "J" , of the City Zoning Ordinance , authority for lsst.ie of slich permit lies solely with . this Board . A heari.ngr, was held �n this appeal on April 27, 1970 , pursuant to notices mailed postpaid to the petitioner, shutters , hoard members , and others , and advertisements published in the Salem Eveni.np News . All. Board members eceptin- Mr. Doyle and Mr. Crhv were present at this heari.n-. Petitioner appeared and explainedthe case the same as in the ori ,m.inal ap- peal on file he proposes to install a swimminrr pool for the safety and convenience of his children; pool will be enclosed with a 6 ' fence . No one appeared in opposition . '10he Board voted unanimously to 7rant a Spe(,.ial. T)ermi.t to install a swimming* pool at this location in accordance with plot plan. snbmi.tted with the condi- tion that all other applicable renuirements of the Citv_ and State with re- ,mard to swi.mminp pools he observed . BOAPD OF APPEALS SPFCTAT, PERMTT rRANTFT) BY Act. . FSerretary , 'SSVN 't^I3lGS , oil Nd cz Z OE Niv 0-:Jh13J3T' pCoN111 7 of SttlEm, ��1�H�H ass�xc rose is ourb of PFI WRLIAM F. ABBOTT DECISION ON PETITION OF WILLIAM AND LELA KALLAS TO JAMES H. ROOLGER ERECT AN ADDITION TO THEIR DWELLING AT 4 BAY VIEW JOSEPH F. OOYLC CIRCLE. . JOHN M. GRAY, SR,' ARTHUR LARRECOUE EMERY P. TANCH J. NORMAN WELCH. JR. - The Inspector of Buildings refused to issue a permit to erect an addition to an existing dwelling at 4 Bay View Circle as applicant ' s plan showed the proposed addition would be twenty-two feet from the rear boundary line instead of the thirty feet required by the City Zoning Ordinance, and ad- vised Mr. Kallas of his right to appeal from this decision to the Board of Appeals. Petitioner appealed to this Board, and a hearing was held on the petition on May 26, 19709 pursuant to notices mailed postpaid to the petitioner, ' abutters, board members, and others, and advertisements published in the Salem Evening News. All Board members excepting Mr. Gray and Mr. Doyle were present at this meeting. 0- "nunselor Charles Panagopulus appeared with the petitioner in support of anting this appeal; the case was explained to the meeting the same as in the original appeal on file ; petitioner proposes to construct an addi- tion, 16 ' x 1'7' , to provide more living .area for his family. A petition signed by all of the abutters signifying their approval was presented. No one appeared in opposition. I I After a careful study of the facts presented in this case, -the Board found that to grant this appeal would relieve hardship to the petitioners in per- mitting an expansion of their living quarters, and further found that grant- ing this appeal would cause no detriment to the public good and would not substantially derogate from the intent and purpose of the Ordinance, and for these reasons, voted unanimously to grant the petition as requested. BOARD OF APPEALS PETITION GRANTED AS REQUESTED. A / BY///// C Act. Secretary w Uj m - `�in o at up ^ -':Z 6i J J V i , i i Otg of �'zxleux, � �t ottcltu Otto +SIT ,. Pourb of Appral + kF Want oF� W ILLIPM /. A...I PME. M. ...I... ' DF-CTSTON ON PFTTTTON OF RAYMOND GALLAGHER TO TNSTAT,T, JOSEPH P. OOYLC A SWTMMTNG POOL AT 42 RFLT,F,VTFW AVF,NttF. JOHN M. GRAV. BR. PRrMUR LARRCmuE - . Pititione,r appealed to the Board of Appeals to install n swimming pool at 42 Bel.leview Avenue. in accordance with Section VIT , Paragraph "J" of the City Zoning Ordinance which states that a swimming pool in this City, may be installed only by first obtaining a Special Permit from this Board . A hearing was held on this appeal on April 1 , 1970, pursuant to notices mailed postpaid to the petitioner, abutters , board members , and athers , and advertisements published in the Salem Evening News advising of this public hearing. All Board memhers excepting Mr. Doyle and Mr. we.ich were present at the hearing. Petitioner appeared with Mrs . Gallagher and stated the case the same as the original appeal on file . Mr. Thomas and Mr. Saul Pri.maik, who pro- • poses to install the pool appeared in favor of granting this petition . No one appeared in opposition . After a careful study of the facts presented in "this case , the Board voted unanimously to grant a Special Permit to allow the installation of a Swim- ming pool at 42 Belleview Avenue as requested . BOARD OF APPEALS SPECIAL PF,RMIT GRANTED AS REQUESTED. BYjl/�� ✓�1J f Acting�Secrt_efta(ry .. W O _ C w w cr r •. F-) .. � V (gitu of oleatz, � P#is 0 WiLUAM F. Ce oT I) CISION ON APPLICATION OF JOHN KAWCZYNSKI FOR SPECIAL JAIAES H. °#3 GER JS', .'RMIT FOR SWIMMING POOL AT 56 BELLEVIEW AVENUE, IN JOSEPH F. D ILE - JOHN M. GRAVE SS ' >-".CORDANCE WITH THE REGULATIONS OF THE CITY ZONING ORD- ARTHOR 1AD.LCOVd; tINANCE, SECTION V-B, PARAGRAPH 1-"e" , AND SECTION VII-J EMCHV P. TANCH J. NOE.AN WELCH, JR. A hearing was held on this appeal on July 27, 1970, at which all board members, excepting Mr. Doyle, were present. The Board Members have the facts presented to the meeting, together with a plot plan showing location of existing pool, and are of the opinion that a special permit for which application. is made is in harmony with the purpose and intent of the Ordinance, and should be granted. Record of this meeting on file with all data furnished for this hearing. By unanimous vote, the Board has therefore voted to grant a special permit to maintain said existing pool as requested, subject to . the following CONDITIONS• 1. Bona Fide effort made .to minimize noise and lights in order to avoid disturbing privacy of neighbors. • 2. Use of the pool shall cease at 10:00 P.M. 3. Pool shall be constructed and maintained in accordance with the General Laws of the Commonwealth of Massachusetts, appli- cable to swimming pools, and the rules and regulations of the City of Salem Building Code, Board of Health, Electrical De- partment, Police Department, and the Zoning Ordinance . 4. Pool shall be surrounded on all sides with a permanent wall or fence at least four feet high; the fence shall have a lock- ing device and a closing device so as to keep the gate shut, at all times; a minimum of one ladder, stair, ledge , or stand- up area , not over three feet below water surface , shall be provided for each seventy-five feet of perimeter; fence shall have only one opening, 3-feet maximum width. 5. Pool shall be constructed of materials that will provide a structurally soundand tight tank with impervious surfaces that are easily cleaned. 6 . No swimming pool or appurtenances thereto shall be installed or or altered until a building permit has been obtained from tEre inspector of buildings who may issue such permit 21 days ='r•om the date stamped on this decision in the office of the City Clerk. WIECIAL PERMIT GRANTED WITH CONDITIONS. BOARD OF APPEALS BY rAct . ) Secretary " w •ti' It; Lno C C r o s of Pvarb of �e a Ettl ve.n.,=ivt om. DECISION ON APPEAL, OF A.C .T. , INC . , ANTHONY C . TRiANTAFILLOU WILLIAM F. ABBOTT FOR A SPECIAL PERMIT TO ALLOW THE USE OF THE LAND AT 127-129 JAMES H. BOOLOER BOSTON STREET FOR THE SALE OF LATE MODEL USED CARS. JOSEPH F. DOYLE JOHN M. GRAY. SR. ARTHUR LABRECOUE This was a direct appeal to the Board of Appeals who held a EMERY a. TANOH hearing on this petition on July 27, 1970, pursuant to notices J. NORMAN WELCH. JR. mailed postpaid to the petitioner, abutters, board members and others, and advertisements published in the Salem Evening News. All Board members were present at this hearing excepting Mr. Doyle who was unable to attend. No one appeared in opposition. Petitioner appeared with Mr. Andrew Tria'ntafillou and stated the case the same as in the original appeal on file ; the drive-in restaurant built and operated by petitioner at this location is not a paying proposition; a nationally known restaurant is opening a branch in the immediate area ; pe- titioner shall close this restaurant, and further stated that if this ap- peal is granted, no more than twenty-five cars will be located on the lot at any time. Having in mind that in accordance with the City Zoning Ordinance, Section VB. Subparagraph 6-b, sales of automobiles may be permitted in the B-2 , Aighway Business ) districts for which the .locus is zoned, and after care- ful consideration of all of the facts presented in this case, the Board found that to grant the Special Permit as requested would not derogate from the intent and purpose of the Ordinance and would not be detrimental to the public good, and for these reasons voted unanimously to grant this appeal with the following conditions: 1. Restaurant business shall be closed before new bussiness commences. 2. There shall be no changes to property lighting or exist- ing building. 3. There shall be no more than 25 cars on the lot at any time. 4. Operation of the business shall c6a9e no later than 10:00 P.M. BOARD OF APPEALS SPECIAL PERMIT GRANTED WITH CONDITIONS. BY L.r a �V4 (Act . ) Secrete y ` •5Sv!� °il�lwS � a 'Vj3 40 C lap "'MI J� P A,CO�DI °3 fui# ofttlem, e�9Httssttc[#�zse##s t' g ra . Poarb of �kpprnl WILLIAM F.ABROr DECISION ON PETITION OF ATLANTIC-RICHFIELD COMPANY TO JAHee H. eOuloeR IMPROVE, MODERNIZE, AND REARRANGE WITH NEW CONSTRUCTION JoeePH r. eov�e THE EXISTING SERVICE STATION AT 144-146 BOSTON STREET. JOHN'.. DRAY. !R. ♦RTHUR IAlR600V6 Petitioner through its Counselor John A. McNiff, 30 Main Street, Peabody , Petitioned the Board for a variance from the application of the City Zon- ing Ordinance as part of these premises extend into an R-2 district, zoned for two family residences. A hearing was held on this appeal on February 24, 1970, pursuant to no- tices mailed postpaid to the petitioner, Counselor McNiff, abutters, board members, and others, and advertisements published in the Salem Evening News . All Board members were present at this hearing,- excepting Mr. Doyle who was unable to attend. Appearing for the petitioner, Counselor McNiff stated the appeal the same As in the original petition on file; also appearing in favor of granting t.his appeal were Mr. Burgess, Mr. Scott , Mr. Pearce, Mr. Collins and Mr. Noble the last named stating he was both for and against granting this appeal . Ward IV Councilor John Butler stated he was opposed to granting this appeal . •ounselor McNiff presented pictures showing the existing structure and a new,modern and attractive building, and stated that the substantial increase in recent years in the cost of doing business and meeting competition and the mounting public demand for 'fully modern and attractive service sta- tions is subjecting the premises at 144-146 Boston Street to business and financial hardships which can not be overcome without the changes requested. After careful consideration of the facts presented in this appeal , the Board , finding that granting this appeal would alleviate a hardship to the peti- tioner and would in no way derogate from the intent and purpose of the Ord- inance and would not cause detriment to the public good, voted unanimously to grant this appeal on the condition that petitioner comply with Section II, Paragraph B, Subparagraph 3 "Automobile Service Station" . o, w APPEA1zG1idTEID BOARD OF APPEALS V9 co Q BYC�� u w �j ( Acting Secretary • CC o uQ a i i / L. �GOVUt\,L\ Nrw�' 1 r \L\ �a t of "Sa yr>;Se; IAiM cs 1. un�Lr.�c. AOtlOn C T DECISION ON PETITION OF OSCAR SAUVAGEAU TO CONSTRUCT JA It JOSCPH E. OOYLC SINGLE STORY CEMENT BLOCK STRUCTURE AT 165 BOSTON STREET JOHN M. Of AY, SF. AA(Ii IIR LAORECOUE EMLOY P. TANCH J. NOOMAN WECH. .I R. Petitioner through his .attorney appealed directly to the Board of Appeals for permission to erect an addition to an existing structure and to vary the terms of the applicable requirements of the City Zoning Ordinance with regard to density and setback requirements. A hearing was held on this appeal on September 21 , 1970, pursuant tonotices mailed postpaid to the petitioner, his attorney, abutters, board members, and others , and advertisements published in the Salem Evening News. At the hearing, Board Members Mr. Gray, Mr. Tanch, Mr. Labrecque and Mr. Abbot were present. Mr. Doyle , Mr. Boulger and Mr. Welch were unable to attend. Counselor John Serafini appeared for the petitioner and explained the case the same as in the original appeal on file - the proposed building would be new and modern, and an improvement of the premises, a new structure is necessary in the operation of the business, namely a gas station, which has been in this location for many years, the present operation of the bus- iness under the physical circumstances of the existing structure presents a hardship to the petitioner. No one appeared in opposition. The Board found that the plan submitted showed a lot area of approximately 1883 square feet and that the proposed addition would increase the lot cov- erage to approximately 60%i. The City Zoning Ordinance requires a lot area of 12,000 square feet in this B-2 Highway Business District and limts lot coverage by all buildings to 25%. The Board by unanimous vote granted petitioner Leave to Withdraw. LEAVE TO WITHDRAW BOARD OF APPEALS �+ ut men BY C% TAct . Secretary n_ c Ln T L' tV c :jL . �w o_ r W C.9 v� i 6 ,v Ctu of �5,alrm � r �srai ;`' f �. IItTY� Df � JPtI� h�U1A .Wr'r WILLIAM F A00OT DECISION ON PETITION OF HARRY TAVIS TO ERECT A ONE-- JAMES H. 8OULGER JOSEPH F. DOYLE STORY CEMENT BLOCK STRUCTURE AT 165 BOSTON STREET, OVL ARTHURJO. OOE CRAY, FOR OPERATING A GASOLINE SERVICE STATION' VARIANCES EMERY P. ,An.D„ REQUIRED FOR LOT AREA, LOT COVERAGE, LOT FRONTAGE, J. NORMAN WELCH. m. AND DISTANCE TO BOUNDARY LINES. In accordance with notice duly given, a public hearing was held on the peti- tion of the applicant , Harry Tavis, to construct a single story cement block structure on the premises at 165 Boston Street, and asking that the Bch rd grant variances regarding lot area, lot coverage, lot frontage, and distance.a to all boundary lines. All Board members were present at this hearing, excepting Mr. Doyle who was unable to attend. The petitioner was represented by John R. Serafini who informed the Board that his client had purchased this property which was an existing gasoline station; that there existed on the property a cement structure , used in connection with the business; that the structure as it existed was too small to permit him to operate his business efficiently, and that therefore he desired to enlarge this structure to accommodate business items common- ly used in connection with a gasoline service station. Evidence was intra-. •aced that automobile service stations are a permitted use in this Highway Business district , zoned B-2; Boston Street in this area is essentially com- mercial ; that the business in question existed for many years, and the build- ing in question has also existed for many years, and that at one time there was a structure in the rear of the property used for commercial purposes, but that this structure had been torn down; immediately adjacent to this area is an auto body shop and a machine shop and construction company; across the street is located a lumber company and a gasoline service station. Ev- idence introduced on the physical condition- of the petitioner disclosed the fact that he had suffered from a heart condition and that a larger structure would permit him to operate more efficiently without as much physical exer- tion. No one appeared in opposition to granting this appeal. The Board considered all of the facts presented in this case and found that severe hardship affecting not only petitioner' s health, but also affecting use of the land area would be relieved by granting this appeal, and further found that in this commercial area granting the variances as sought would in no way derogate from the intent and purpose of the Ordinance and would cause no detriment to the public good, and for these reasons, voted unan- imously to grant the petition as requested. 'SSVW 'W3ltlS 30Ij20 c.,v'�3�� "13BOARD OF APPEALS APPEAL GRANTED O14 Wd BY G3M 333U Acting Secretary °° r 1. '1Q>; r � AUG I I 9 37 QM Peart of �Vyeal 4C�nmt'.Md .ST,ON GM��+ tt,. ETITION OF IDA S. SEVINOR TO ALLOW THE USE OgAUMt*ht§D ON THE EASTERLY SIDE OF PLANTERS STREET, JAMES H. BOULDER WILLIAM R. ABBOTT , ,REAR OF SALEM PLUMBING SUPPLY COMPANY INC. 43 BRIDGE JOSEPH E. OOYLE STREET] FOR OUTDOOR STORAGE OF PIPES AND OTHER PLUMBING, JOHN M. GRAY, GR. HEATING AND RELATED SUPPLIES AND FURTHER TO ALLOW THE \ ARTHUR LABRECOUE EMERY R. TANCH CONSTRUCTION OF A CEDAR FENCE SURROUNDING SAID LAND TO J. NORMAN WELCH. JR. p HEIGHT OF NINE FEET. A hearing was held on this appeal on July 27, 1970 with all of the Board members present with the exception of Mr. Doyle. The Petitioner - Ida S. Sevinor - was represented by Louis E. Baker, attor- ney, who presented a statement (attached) giving reasons for requesting a Special Permit for, granting the petition. In addition to Mr. Baker, the following also appeared in favor: James H. Sands (Employee ) and William Sevinor. In opposition to the granting of this petition were the following: Councillor Joseph O'Keefe, Councillor Michael Ruane, Mrs. Marie Donovan, Planters Street, Mrs. Arthur Campbell, 14 Planters Street, Mrs. Abby Baker, 18 Planters Street, Mrs. Eva Bliss, 12 Planters Street, Joseph Perreault, 21 Planters Street and Mrs. Florence King, 10 Planters Street. �r. O'Keefe opposed the petition as being an extension of a nonconforming rea in an R-2 district, also, violation in using two trailer trucks on the property for permanent storage and the enclosing the area with an eight foot fence. Mr. O'Keefe stated that as the petitioner is now in violation as per above items and is also using the area which the petition' for Special Permit is requested, that said petitioner should be ordered to comply with the Zon- ing Code before any consideration is given to any extension and use . Mr. Ruane appeared in opposition and stated he agreed with Mr. O'Keefe ' s objections. The residents of the area , named above, also agreed with Mr. 0,Keefe ' s ob- jection to the petition. r The Board studied the facts presented by the p6titioner and opponents as follows: . The petition for a Special Permit to continue the use of the present open area on Planters. Street for storage of plumbing supplies and extending the area to include an adjacent fronting approximately 50 feet on Planters Street and approximately 50 feet back to the line of the , Electric ;.fight Company' s property, a total of 2500 square feet . The property of the petitioner fronts on Bridge Street and extends south n Planters Street and with the exception of the 50 foot lot on the south ide of the property, the Owners have occupied and used the area for ap- proximately 27 years for the sale and storage of plumbing, .heating and related sulplies. " - As stted above, a portion of the original property ( the open storage area ) non-conforming, in accordance with the Zoning Act of 1965. The area of 2500 square feet which is in the-R-2 district , was purchased by the petitioner to extend his open storage area . This area because of size is impossible for the building of any structure -to comply with R-2 zoning, and it would .be a hardship on the owner to be pro- hibited from using the space of this isolated parcel. After a study of the facts presented at the . hearing, the Appeals Board vo- ted unanimously to approve of the petition for a Special Permit to comply with the following conditions; 1 . The area may be •used for storage of plumbing, heating, and related supplies. 2. No trailer trucks shall be allowed for storage on any of the -exist- ing property of the petitioner. 3• In the storage of any material, it shall be agreed that the total height of said material shall not exceed 6 feet from the ground area to the top of the storage supplies. 4 . The fencing which maybe chain link type shall not exceed-8 feet in height. The entire storage area shall be kept in a clean and orderly con- dition at all times. BOARD OF APPEALS SPECIAL PERMIT GRANTED WITH CONDITIONS. AUGUST 10, 1970. CHAIRMAN ?' ® to W J J d O I � yGOSlJIfL (situ ofS�xlem, scusE# s oorb of Appeal TO CITY CLERK 7.6.70 WILLIAM F. ABBOTT -- JAMES H. BOULDER JOSEPH F. DOYLE JOHN M. GRAY. SR. DECISION ON PETITION OF KRANSBERG REALTY COMPANY AND ARTHUR LABRECOUE EMERY P. TAHCH MISTER DONUT SHOPS, INC. , TO ERECT A STANDING SIGN J. NORMAN WELCH, JR. AT 96 BRIDGE STREET. Petitioner appealed to the Board of Appeals to erect a standing sign at 96 Bridge Street. A hearing was held on this appeal on June 29, 1970, pursuant to notices mailed postpaid to the petitioner, abutters, board members, and others, and advertisements published in the Salem Evening News. All Board members were present at this hearing, excepting Mr. Doyle who was unable to attend. Mr. Robert Corliss appeared for the petitioner, and explained the plan the same as in the original appeal on file. It was determined that previously a larger sign had been installed at this location, and the proposed new sign would be smaller and would not �ontain glaring lights as had been permitted in the old sign. Mr. William Attridge, an abutter' appeared to voice his opposition to erection of a sign that would be a hazard to traffic. After a careful study of the facts presented in this case, the Board found that the new sign would be an improvement over the -previously existing sign and. there would be no hazard to traffic since the proposed sign would be smaller in size and would have no flashing lights, and for these reasons all Board members present voting, this appeal was granted by unanimous vote. APPEAL GRANTED BOARD OF APPEALS BY (Act. Secretary I I ul>�az \ . Tt#h IIcThLtit, gusmdjuutfs purl of Ppeul AM F. a000 DFCTSTON ON PFTTTTON OF KRANSRFRG REALTY COMPANY AND AMEa . oo� a=a MT TFR�� SHOPS, TNC . , TO PrmoprT.. AND REOPEN A DONUT SHOP AT—C)6 BRTDGP 'TRT--,TT, .AND TO FRT'CT NEW GROUND I.H� AAY. AND 1 'T.COMF STGNS . .,.THLIA LAOFLCOV[ The Tnspector of Buildings refused to issue a permit to re-est,ahl. i.sh a dn- nnt h,Tsiness at the corner of Bridge and Pearl. Streets as this is present- ly a nonconforming use for this district , which is zoned R-2 for two fam- ily residences . Petitioner appealed to the Board of Appeals , and a hearin;q was held on this appeal on April. 1 , 1970, pursuant to notices mai.l.ed postpaid to the peti- tioners , abutters , hoard members , and others , and advertisements pnhlished in the Salem Fvening News . A1.1 Board members excepting Mr. Doyle and Mr. Velch were present at this heari.n,m. Robert Corliss appeared for the petitioners and explained the case the same as in the orininal. appeal. on file . No one appeared in opposition . *t was determined that a huildi_n;m permit had been issued in October, 1.964 , to erect a one story masonry huil.dLng at, this location for, the manufacture and sale of donuts , and it was f,irther fnund that.- in August of 196,5, the Zoning Ordinance had been revised and one of the revisions was zoning this district from a business district, to an R-2 zone , or for two- family dwel.- ].ing houses. Tt was further determined that n cnnsi.rlerahle amrnint had been irvosted ori,q- i.nal.ly to start this hvsiness when i.t was a business area , and thml,gh the use had not been c_ont,innnnsly maintained up to the present time , the Board felt the petitioner shornl.d he allowed to res,ame this use . The Board voted ' unanimousli, to grant this appeal. as requested to resume the operation of a donut hvsiness and to instal.]. glass around the top of the huilding, and also to install a 2 ' x 5 ' pylon not to exceed 25 feet . .After this hearing was held , each of the Board members received a commnni- cati.on from the Ward Cminci.l.lnr with re7ard to this appeal. . At the next meeting of the. Board held on April_ 27, 1970, the matter of this appeal. was discussed . No one appeared in opposition. The Ward Councill.or' s letter was acknowledged and placed on file . The Board si,.staine.d the previ.orts vote and •-ranted permission as 'requested . 'sses' 'w;1rs APPEAT GRANTED AS PFQT1rSTFD. 3��''" " A110 BOARD Or APPFAT.S 0 OE YdV BY retary , , ycn:anct of SArm, gazzathusetts f�E i 4 , ours► of ckppval WILLIAM F. A8eOTT JAMES 11, tlQUIGCR JOSEPH F. DOYLE DECISION ON PETITION OF RITA AND JOSEPH REALE TO ALTER JOHN M11. GRAY. SR. ARTHUR LARRECOUE SECOND FLOOR PREMISES AT 102 BROADWAY, TO. PROVIDE AN EMERY E. TANCH ADDITIONAL APARTMENT. J. NORMAN WELCH, JR. The Inspector of Buildings refused to issue a permit to alter an existing six room apartment on the second floor premises at 102 Broadway to provide two three-room apartments, as this is presently a nonconforming use in this Industrial district and an additional apartment would increase the non- conformity. Petitioner appealed to the Board of Appeals for a variance from the applica- ble requirements of the City Zoning Ordinance, -and a hearing was held on September 23, 1970, pursuant to notices mailed postpaid to the petitioner, abutters, board members , and others,, and advertisements published in the Salem Evening News advising of this hearing. Present at the hearing were Board Members Arthur Labrecque, Emery Tanch, William Abbott , and John M. Gray; members unable to. attend were Joseph •'loyle, Norman Welch, and James Boulger. Petitioners appeared and stated the case the same as in the original ap- peal on file ; they find it difficult to rent a six-room apartment to coup- les without children; children would be a deterrent to the operation of their hairdressing business conducted on the ground floor.; two three-room apartments would be easier to rent to couples without children; the extra income is needed to help defray maintenance costs . q No one appeared in opposition. The Board studied the facts presented in this case and found that to grant this appeal would relieve hardship to the petitioner, and further found that to grant this appeal would cause no detriment to the public good and would not derogate from the intent and purpose of--flie Ordinance, and for these reasons, voted unanimously to grant this appeal as requested. BOARD OF APPEALS APPEAL Gt1:AN-UD AS REQUESTED. c �M 4. vi Act. Secretaryco `✓ LU fw (r J H V O V "Jitu of RECE s Pnarb of c�i�3�Ea1 AN 1% o �� t WILLIAM P. ABBOTT CIT- GI I,OI�r�Q'FFQ PETITION OF SALEM ACRES INC. FOR VARIANCE JAMES H. BOULDER JOSEPH R. DOYLE FROM APPLICATION OF CITY ZONING ORDINANCE AS IT AFFECTS JOHN M. DRAY' SR. ERECTION OF DWELLING HOUSES IN AN R-C ZONE ARTHUR LABRECOUE EMERY P. TANCH J. NORMAN WELCH. JR. _ The petitioner, Salem Acres , Inc. , through its Attorney, George P. Vallis , appealed directly to the Board of Appeals for a valiance from the provisions of the zoning ordinance with regard to certain lots shown as Lots 195 to 202, inclusive and Lots 212 to 230, inclusive as shown on a plan recorded with Essex South District Registry of Deeds , Plan Book 114, Plan 88 (see Exhibit 1) . These lots are situated in the following ways shown on said plan, namely : Buena Vista Avenue, DiBiase Street and Sable ad. A hearing was held on this petition on May 26 , 1970, pursuant to notices mailed to the petitioner, his Attorney, abutters, Board members and others and advertisements were duly published in the Salem Evening News. Board members, Abbott, Boulger, Labrecque, Tanch and Welch were present at this hearing. Attorney Vallis appeared for the petitioner and explained that these lots, twenty-seven in number, are a part of a subdivision entitled, "Witchcraft Heights IV, located off Circle Hill Road, Rockdale Avenue, Sable Road, Buena Vista Avenue and Outlook Avenue's and contain in total 104 lots. It was pointed out that of these lots the twenty-seven in question, are in part and in whole located in an R-C Zone but the lots as shown in the sub- RECE!vFn 2 JUN 22 2 04 P11 division plan conform to the density requirements in an R-1 Zone. CITY I;Li_. ;.'S UFFI . SALEM, HASS. Attorney Vallis explained that the petitioner bought this land on September 15, 1966 and was not at the time aware of the fact that a por- tion of it was located in an R-C Zone. Since the date of purchase , the petitioner has installed a sewer and drain system connecting said land with utilities on Highland Avenue through land owned by the City and New England Power Company, all as shown on plans submitted and on file with the Board of Appeals (see Exhibit 2) . A license to enter upon city land for the purpose of excavating and installation of sewer lines was granted by the City by an order dated •September 26, 1968 , a copy of which has been submitted and is on file with the Board (see Exhibit 3) . Application to the Department of Public Works , Department of Natural Resources and Division of Water Pollution Control for excavation and instal— lation of said sewer lines was granted on May 9, June 4 and July 8, 1969, respectively, copies of approvals have been submitted and are on file with the Board of Appeals (see Exhibit 4, 5 and 6 ) . A definitive plan for subdivision of this land was approved by the Planning Board on July 2, 1969, a copy of said approval being on file with the Board of Appeals (see Exhibit 7) . It was further explained that while the applicant sought these approvals . from the various authorities it was still unaware that a portion of the sub- P REC�!y�_n -3- Jum 22 2 04 PM 070 CITI' C:.., • ' !;FFJCE iis;ior, was 1< ca.t ;d i.n. a.n R-C /_onc�, It was also pLSi'nttc'�'4;u�t that had this fact been known earlier , the petitioner would have sought a zoning change during the hearings which took place before the 'City Council in the summer of 1969. The petitioner 's attorney stated that application to the Planning Board and City Council would be made soon for such a zoning change , but due to the lengthy delay involved in obtaining such a change and in view of the fact that the applicant has constructed homes and developed the land immediately adjacent to the area in question, it was hoped that the Board of Appeals would act favorably on the petition so that the petitioner could continue to develop this area without any fur- W,er delay, The lots in question are surrounded to the North, East and West by other land of the petitioner, which is zoned R-1 and to the South by land of the City of Salem zoned R-C. It was explained to the Board how the petitioner 's request would not nullify or derogate from the purpose of the zoning by-laws since nearly all of the land in .question is abutted by an R-1 Zone already under develop- ment. It was stated that because of the shortage of land in the city, public necessity could be better served by permitting the land to be used in accordance with density requirements in the R-1 Zone rather than the 80,000 square feet required under the R-C regulations . RECE!YEG -4- JuN 22 2 04 PH '70 CITY OFFICE No one appeared in opposition in this matter. SALEM, MASS, After studyingthe facts presented in this case, the Board found a substantial hardship to the petitioner existed due to the fact that the petitioner had expended much time and money in obtaining the necessary approvals hereinbefore mentioned and in the laying out of roads and utilities for the subdivision. A denial of this petition would result in a serious economic hardship to the petitioner causing a resubdivision of the land and the loss of substantial developable property which has been enhanced in value due to the applicant ' s efforts. The Board also found that granting the variance would in no way nul- *Lfy or derogate from the intent or purpose of the ordinance and not be detrimental to the public good since the land would not serve any worth- while use in remaining residential-conservation and would continue to be used for residential purposes . VARIANCE GRANTED. BOARD OF APPEALS By (Acting) Chairman - � k, of5ttiem, Ittsstt�l��zsE##s vt5f}l ! IIZIX� II cut Je WILLIAM R. ABBOTT DECISION ON PETITION OF RAYMOND A. VAILLANCOURT TO JAMES H. BOULDER JOSEPH P. DOYLE INSTALL EFFICIENCY APARTMENT ON THIRD FLOOR AT 5-7 JOHN M. GRAY, SR. CABOT STREET. ARTHUR LABRECOUE EMERY P. TANCH J. NORMAN WELCH, JR. , I Petitioner appealed to the Board of Appeals for a variance. from the appli- cable requirements of the City Zoning. Ordinance to convert an existing two family dwelling into a three-apartment building. I A hearing was held on this appeal on May 26, 1970, pursuant to notices mailed postpaid to the petitioner, abutters, board members, and others, and advertisements published in the ' Salem Evening News. All Board members were present excepting Mr. Gray and Mr. Doyle who were unable to be present. Counselor Sumner Raymond appeared for the petitioner; also appearing in fa- vor of granting this appeal were Mrs. Vaillancourt, petitioner' s mother, Councillors Gene Levesque, Michael Ruane, and Joseph Ingemi, who is also an utter to the property. Councillor John H. Burke requested to be recorded :b . favor of granting this appeal. Counselor Raymond stated the case the same as in the original appeal on file; petitioner purchased this dwelling to provide an apartment for his mother who lives on a very limited income; the property abuts his own home which is not large enough to accommodate any more persons than his wife . and children and himself; in November, they are expecting an increase in the family; petitioner has no sisters or brothers and the financial hard- ship and practical difficulty of providing for his mother rests with him and his family. No one appeared in opposition. After a thorough study of the facts presented in this case, the Board found that a definite hardship had been shown, the proposed alterations would not derogate from the area and would cause no detriment to the public good, and for these reasons Mr. Abbott, Mr. Boulger, Mr. Labrecque and Mr. Welch voted to grant the petition as requested,. Mr. Tanch voted present. BOARD OF APPEALS PETITION GRANTED AS REQUESTED BY Act. Secretary O W r— U � Y w U UJ' W J J g � V In\Ii1G1\ . of a1rrn, `. 11 f verb pf �Apyrul wLLAM �. Aoop DP.CTSTONON PP.TTTTON OF r?AYMOND A . VATLLANC OUPT , TO AME H. �pVLpER TNQTAT L A THTPII Fi OOP APUPTMENT AT 5 CABOT STPFET. JOHN M. GgAV. SR. ARTHUR LAORECpIIE Petitioner appnaled to the Board of Appnns for a variance from tt.r: annli.- cation of tl�e City Tonin;-, nrdinanr,e to allow al.terat.inn of an existir' two family dwellin:.- at 5 ^abnt Streot to prnvide a thi. rrl floor anartment ; this is an p-2 di-strict , zoned for tw8fnmily residoncos . A heari.r.r*, was held on this appeal on April. 1 , 1.0'70 , prnrsnant to rntices mailed postpaid to the petitioner, nhtit,ters , hoard me.mhers , and Others , and advertisements published in t}tn Salem Pveninn; News . All Board members axcepti.n,* Mr. Dnvl.n and Mr. W,.lch were nresert at this hearinr;. Crn:nselnr ` mmner Pavmord appeared for the netitinner and exnlainerd tt'e case , the same as the ori.,-,final appeal nn file , bard 5 rnnncillnr, .Tenn T,evesque , wished to he .recorded in favor of Crar.tir� 0,is' anneal : r'nitn- cillor .Tnseph Tnn;emi. , an ahrttrr, wisher] to he recorded in favor alsn , as dial Cnnrril.nr John H, Rorke . No one apnenrerd in. opnnsitinn. Ofter a careful. stiiHN- of the far,+s nresenteri in this case , th,.- Pnnrd fn�7rd that. -the nrnnerty had heen pilrohased two weeks prior to preseriin- this apnea] ; rentals of the two existinm apartments hri.n^; ' in Eg000 .00 vearly , and the interest is �t] 000 . On annnal.ly , and fnrthrr fru nd no hardship i.r.- vol.ved , and voter] as follows on ihi.s petition ; Three memhers opposed to ^ranti.n:,,; a variance ; one member in favor of grant- inn; the variance , one member abstainedfrom vot,i.nq onthis appeal . At the next meeti.nv of the A:ppeal.s Hoard , held on April 27 , 1070 , after fi+rthev discnssinn On this appeal ., the Board Heterminod +}:a+ this anneal had been denied at the previ.orns meet.i.nT and therPfnre. nmild not the re- considered without a vote resnin int the previ.nus result or a new vote for reconsideration ; this vote was not tendered and therefore there was no further consideration . ROATM Or APPEALS) APPEAL DENTED 11�/J X21 Secretary / w � W e U �..i ti :. • T L 4.J CC }h U / f r " 01itu of �5alem � ttcliur# s r ourb a# ral WILLIAM F. ABBOTT DECISION ON PETITION OF JEAN AND ALBIN ROCHNA TO OCCUPY JAMES H. BOULGER A ROOM OF THEIR HOME AT 15-17-19 CHERRY STREET FOR THE JOSEPH F. OOVLB JOHN M. GRAY. $R. PURPOSE OF CONDUCTING A REAL ESTATE OFFICE. ' ARTHUR LABRECOUE EMERY P. TANCH J. NORMAN WELCH, JR. , The Building Inspector refused to issue a permit to allow occupancy of a dwelling at 15-17-19 Cherry Street for a real estate office to be op- erated by owners and residents of the house, and referred the applicants to the Board of Appeals. Petitioners appealed to this Board, and a hearing was held on May 269 19709 pursuant to(-notices mailed postpaid to the petitioners, abutters, board members, andel others , and advertisements published_.in the Salem Evening News. All Board members were present at this hearing, excepting Mr. Doyle and Mr. Gray who were unable to attend. I Petitioners appeared and explained the case the same as in the original appeal on file. 90 one appeared in opposition; however, letters from James P. Saunders owner of property at 22 Cherry Street, and Gertrude and Hyman Silver, tenants of the same property, were read to the meeting; both of these letters voiced opposition to granting this appeal. Another letter received and read to the meeting stated that owner Albert C. Meyer, an abutter with property at 164-172 Lafayette Street, had no objection to conducting a real estate office at this 'location. After a careful review of all of the facts presented in this case , the Board found that to occupy a room in petitioner9 ' home as a real estate office would not derogate from the area , and would not be detrimental to the public good, and for these reasons voted unanimously to grant this appeal with the condition that no advertising beyond that permitted by the City Ordinances be displayed and the exterior of the house shall not be altered. BOARD OF APPEALS PETITION GRANTED AS REQUESTED. n BY 47 //n// GAct. ) Secretary (/ W �-- v. � w N u — _4U U J Y 2 r LU y ,;sLU "Tt#g of $Ulem, ttss�zcllusP##s C,Q Paur3 of �ppral DECISION ON PETITION OF SAMUEL MC GLAUFLIN, TRUSTEE, WILLIF. OTT 1=w TO ERECT A SINGLE FAMILY DWELLING ON LOT #46 CLARE- AM � JJ JAMES H. ppn;_OE,_ r MONT ROAD CORNER OF ROOSEVELT ROAD. JOSEPH E OOYLE n } � . JOHN M. G"AY. SR.U F ARTHUR LADRECOt U EMERY P. TANCH J. NORMAN WELCH, J.. The Inspector of Buildings refused to issue a permit to erect a single fam- ily dwelling on Lot #46 Claremont Road corner of Roosevelt Road as such construction would be in violation of the density requirements of the City of Salem Zoning Ordinance. Applicant submitted a plot plan to the Building Inspector which showed a lot containing 5044 square feet located in a district where the lot area requirement is 7000 square feet; the frontage of this lot is 55.97 ' and the Ordinance stipulates that the lot shall be 60' in width; further, if the structure is to front on Roosevelt Road the rear yard would be insuf- ficient in depth. Petitioner appealed to the Board of Appeals, and a hearing was held on this . appeal on December 21, 1970, pursuant to rotices mailed postpaid to the petitioner, abutters, board members, and others, and advertisements pub- lished in the Salem Evening News advising of this hearing. •oard members present included Mr. Labrecque, Mr. Tanch, Mr. Welch and Mr. Abbott ; those unable to attend included Mr. Gray, Mr. Doyle, and Mr. Boulger. Counselor Robert Welch appeared with the petitioner, and explained the case; the lot is undersize with ,an insufficient frontage on Claremont Road; it is a lot of record of many years standing on the City Assessors ' recor s and prior to the effective date of the new Zoning Ordinance, 8. ;27,65, on- formed to the existing Ordinance regulations; the hna,jority. of house to s in the immediate neighborhood are no larger and in some instances smaller than this lot . Mr. Clarke appeared in favor of granting this appeal. Mr. Joseph Proven- cher, an abutter voiced his opposition to granting the variance. The Board studied all of the facts brought to this hearing in this case and found that this is an isolated lot which for years conformed to the existing zoning regulations, and. further found that the lot area and size of proposed dwelling are in harmony with previously existing lots and structures, and for these reasons voted unanimously to grant the variances as requested, with the condition that the structure be .located one foot closer to street setback. BOARD OF APPEAL S VARIANCE GRANTED AS REQUESTED WITH CONDITION. (/ • BY ActiAfff Secretary ov h 'itg of "Salem, fflassar4usetts , P v�zr of Appeal WILLIAM F. AnaOTT DECISION ON PETITION OF PATRICIA A. BERRY FOR JAMES N. BORLCER VARIANCE FROM APPLICABLE REQUIREMENT OF CITY JO:cre o. oavLE JORN M. GRAY, s.. ZONING ORDINANCE AFFECTING FRONTAGE OF LOT #286 ARTHUR LAaRCCOUE CLARK STREET. EMERY C THNCM J. NORMAN WELCH, JR, Petitioner appealed to the Board of Appeals for a variance from the density requirement of the City Zoning Ordinance affecting lot frontage of Lot #286 Clark Street. A hearing was held on this appeal on November 239 1970 pursuant to notices mailed postpaid to the petitioner, abutters, Board members, and others, and advertisements published in the Salem Evening News advising of this hearing. Board members present included all members excepting Mr. Doyle who was un- able to attend. Through some misunderstanding or miscalculation, no one appeared for peti- tioner to explain the case, and the hearing was postponed until the next eeting of the Board. On December 21 the Board conducted its last meeting of the year and at that time the petitioner appeared and stated that the lot in question was an isolated lot held in single ownership by her since February of 1936, at which time the lot was of sufficient frontage to meet the requirements of the existing zoning Ordinance . She further stated she wishes now to dis- pose of the entire parcel and someof her abutters are interested in ob- taining various portions to increase their yard areas. Having in mind the number of years petitioner has retained ownership of this land and the changes in zoning regulations since her acquisition of same, and finding that to grant this variance would in no way derogate from the intent andpurpose of the Ordinance and would not be detrimental to the public good, the Board voted unanimously .to grant the variance. BOARD OF APPEALS APPEAL GRANTED BY Actipg Secretary 'SSV4i '!I3"ItlS • O1r �Sd 80 G� X30 i r FA •P, r—_ � II2TY�I of �1�J�JPM1 r l�'cl,rmc.r+T' WILLIAM F. ABBOTT DECISION ON PETITION OF WARREN GRANT, FOR A _ JAMES H. BOULDER SPECIAL PERMIT TO INSTALL A SWIMMING POOL AT JOSEPH F. DOYLE 4 CLIFF STREET. JOHN M. GRAY, SR. ARTHUR LABRECOUE EMERY P. TANCH J, NORMAN WELCH, JR. Petitioner appealed directly to the Board of , Appeals for a Special Permit to install a swimming pool at 4 Cliff Street.' in accordance with the City of Salem Zoning Ordinance, Section VII, Par. , J, which requires a Special Permit be obtained before such installation, and also in accordance with the City Zoning Ordinance, such authority reita with the Board of Appeals. : , A hearing was held on this appeal on May 26919709 pursuant to notices mailed postpaid to the petitioner, abutters, ', board members, and others, and advertisements published in the Salem Evening News. All Board members were present at this hearing, excepting Mr. Gray and Mr. Doyle who were unable to attend. j j Mr. and Mrs. Grant appeared with Mr. and Mrsi O'Connor abutters who wished be recorded in favor of granting this appeal; letters from Gerald G4en- tte and John Maguire stating approval to the Board' s granting this permit were also read to the meeting, and become an integral part of this decision. Mr. Guenette and Mr. Maguire are also abutters. No one appeared in opposition. The Board voted unanimously to grant a Special Permit as requested to allow installation of said swimming pool. BOARD OF APPEALS SPECIAL PERMIT GRANTED AS. REQUESTED. BY o fr Act. . Secretary m' W ar- v ii w .+ 0 4 w _ -'. c5 (j,1 LU O 1 ;pxof SzakM, Aassarhuufts RECF''r v� nttrb of JUL 2q 133 PM 70 JnrieRas.Wr DECISION N WILLIAM R. A9ROTT PERMIT FORAASWIMMING OHOMER POOL AT16 CLIFFISTRJT S�GHA $. JAMES X. RouLCER ACCORDANCE WITH THE REGULATIONS OF THE CITY ZONING ORD- F. RAYLE JOHN M. GRAY, $RINANCE) SECTION V B 1-"e" AND SECTION VII J. , ' ARTHUR LAORECOUE EMERY P. TANCH J. NORMAN WELCH, JR. A hearing was held on this appeal on June 29, 1970 at which all Board mem= bers, excepting Mr. Doyle,, were present. The Board members have the facts presented to the meeting together with a plot plan showing location of existing pool, and are of the opinion that a special permit for which application is made is in harmony with the pur- pose and intent of the ordinance and should be granted. Record of this meeting on file with all data furnished for this hearing. By unanimous vote, the Board has therefore voted to grant a special permit to maintain said existing pool as requested, subject to the following CONDITIONS• 1. Bona fide effort made to minimize noise, and lights in order to avoid disturbing privacy of neighbors. 2. Use of the pool shall cease at 10:00 P.M. 3. Pool shall be constructed and maintained in accordance with the General Laws of the Commonwealth of Massachusetts, applicable to swimming pools, and the rules and regulations of the City of Salem Building Code , Board of Health, Electrical Department, Police Department, and the Zoning Ordinance. 4. Pool shall be surrounded on all sides with a permanent wall or fence at least four feet high; the fence shall have a locking device and a closing device so as to keep the gate shut at all times; a. minimum of one ladder, stair,' ledge or standup area , not over three feet below water surface shall be provided for each. seventy-five feet of perimeter; fence shall have only one opening, 3 feet maximum width. 5. Pool shall be constructed of materials that will provide a structurally sound and tight tank with impervious surfaces that are easily cleaned. 6. No swimming pool or appurtenances thereto shall be installed or altered until a building permit has been obtained from the Building Inspector who may issue such permit 21 days from ' the date stamped on this decision in the office of the City Clerk. BOARD OF APPEALS SPECIAL PERMIT GRANTED WITH CONDITIONS. BY f Act. Secretary__ If /rsT ,CRU ITL tu of %52 Am, Aassarhusdts R E, Gm s: Poarb of �VyralJUL 33 PM '7.�. DECISION ON APPLICATION OF HOMER D. SPIERS tftlf a2BCtAV_;HCE WILLIAM F. ABBOTT PERMIT FOR A SWIMMING POOL AT 16 CLIFF STREET,SfiUiM. MAS$. JAMES H. BOULDER ACCORDANCE WITH THE REGULATIONS OF THE CITY ZONING ORD- JOSEPH F. OOYLE JOHN M. CRAY, $RINANCE, SECTION V B 1-"e" AND SECTION VII J. . ARTHUR LABRECOUE EMERY P. TANCH J. NORMAN WELCH, JR. A hearing was held on this appeal on June 29, 1970 at which all Board mems bers, excepting Mr. Doyle, were present. The Board members have the facts presented to the meeting together with a plot plan showing location of existing pool, and are of the opinion that a special permit for which application is made is in harmony with the pur- , pose and intent of the ordinance and should be granted. Record of this meeting on file with all. data furnished for this hearing. By unanimous vote, the Board has therefore voted to grant a special permit to maintain said existing pool as requested, subject to the following . CONDITIONS: 1. Bona fide effort made to minimize noise, and lights in order to avoid disturbing privacy of neighbors. W.2. Use of the pool shall cease at 10:00 P.M. 3. Pool shall be constructed and maintained in accordance with the General Laws of the Commonwealth of Massachusetts, applicable to swimming pools, and the rules and regulations of the City of Salem Building Code, Board of Health, Electrical Department , Police Department, and the Zoning Ordinance. ' 4. Pool shall be surrounded on all sides with a permanent wall or fence at least four feet high; the fence shall have a locking device and a closing device so as to keep the gate shut at all times; a minimum of one ladder, stair, ledge or standup area , not over. three feet below water surface shall be provided for each seventy-five feet of perimeter; fence shall have only one opening, 3 feet maximum width. 5. Pool shall be constructed of materials that will provide a structurally sound and tight tank with impervious surfaces that are easily cleaned. 6. No swimming pool or appurtenances thereto shall be installed or altered until a building permit has been obtained from the Building Inspector who may issue such permit 21 days from ' the date stamped on this decision in the office of the City Clerk. BOARD OF APPEALS SPECIAL PERMIT GRANTED WITH CONDITIONS. BY v Act. Secretary �.. „covmrq A 4T � 'Vin CtU of olczn, � ttssttcl��z etts . .P PuurD of Appral D c ry .rM r r T DECISION ON PETITION OF THOMAS SULLIVAN TO PROVIDE — wnuwm F. weeorr PARKING LOT FOR USE BY SALEM HOSPITAL EMPLOYEESiv . w = „-¢¢ BOU1O6F AND VISITORS ONLY UNTIL NEW HOSPITAL BUILDING �S, W ,o¢¢rw r. oor�e r O ,ow" M. onwv. OR. COMPLETED: PLAN SHOWS LAND COMPRISING LOTS 1-Aln:4-M, AR ...LA...ooY¢ 1-C a'rd #1 and #3 COLBY STREET, #9 ALMEDA STREET,n aL4 1 . 2 ACRES ABUTTING THESE LOTS. M, ,o The Inspector of Buildings refused to issue a permit to install a parking lot at this location as this is not a permitted use for this R-1 district , zoned for single family dwellings. Petitioner appealed to the Board of Appeals, and a hearing was held on this appeal on February 24 , 1970, pursuant to notices mailed postpaid to the petitioner, abutters , board members , and others, and advertisements published in the Salem Evening News. All Board members were present at this hearing, -excepting Mr. Doyle who was unable to attend. Petitioner appeared to explain the plan the° same as in the original plan on file. Counselor James A. Farley, representing Salem Hospital , lessee , also appeared and stated the area is now vacant and will rot be changed in any way; there would be no new building's constructed except a tempor- ary shack approximately 5' x 8 ' ; the Salem Hospital main building is ss than 1000 feet distant ; construction work has taken over parking reas heretofore used by employees and visitors to the Hospital , and it is absolutely necessary that these areas be replaced during construction; not to permit this use by the Hospital would immeasurably harm the opera- tion of the hospital, and the above area is the only feasible area for this purpose . Ward IV Councillor, John Butler appeared in opposition to granting this appeal, also, Mr. and Mrs. D'Virgili.o, 5-7 Almeda Street , voiced opposi- tion. A letter from the Board of Health stating that "The Board wished to go on record as being opposed to the filling in, construction, and use of parking lot over a natural waterway, the brook that flows from Anderson' s pond.. to Colby Street" was read to the meeting, and becomes part of the permanent file on this appeal. Councillor Butler stated he would look into the matter of filling in a natural waterway. After careful study of all facts presented in this case, the Board found that a severe hardship exists in the matter of employees ' and visitors ' parking at the Salem Hospital because the new construction at the Hospit- al is taking up nearly the entire parking area , and for this reason voted unanimously to grant a Special Permit restricted however by the fol- lowing conditions; ---" 1. If this is a natural waterway, the owner shall be required to return it to its original condition, at once . _�OVER .�. The Special Permit to allow use of this land as a parking lot for ' the Salem Hospital will cease immediately upon construction of the new structure being built on the Hospital grounds. 3. Hospital officials will notify this Board immediately upon their abandonment of the use of this land as their parking lot. 4. The land will then revert to the restrictions of the City Zoning Ordinance with regard to permitted uses for this R-1 district . 5. ALMEDA STREET IS_NOT_TO BE USED for entrance or egress to the new parking lot, and suitable barriers shall be erected to prevent this use. SPECIAL PERMIT GRANTED WITH CONDITIONS. BOARD OF APPEALS BY ��eGGf�ho+Nt� C ? Acting Secretary N� Dn nD }7 r r- m m -> (/ G --O l7 n til m o IIcXjPltT� �T°v22t1IPS S r to �f� iQnr ofOpr�l J`� CITE ia.�. L alt 1 WILLIAM R. ABOOTT SAWiCligf16N ON PETITION OF RICHARD SAVICKEY AND RITA LA ROCHE JAMES H. ROULGER TO ALTER THE FIRST FLOOR OF AN EXISTING STRUCTURE AT 78 JOS@PH R. DOYLE DERBY STREET TO PROVIDE A SHOWROOM FOR THE DISPLAYING AND JOHN M. GRAY, SR. ARTHUR LARRECOUE SELLING OF ANTIQUES. EMERY P. TANCH J. NORMAN WELCH, JR. The Inspector of Buildings refused to issue a ! permit to provide the necess- ary alterations for the operation of an antique shop at 78 Derby Street as the City Zoning ordinance classifies this area as an R-2 district, zoned for two-family residences, and .the conduct of an antique business is not listed among the permitted uses. Petitioner was referred to the Appeals Board. A hearing was held on this appeal on May 26, 1970, pursuant to notices mailed postpaid to the petitioners , their attorney, abutters , board members, and others, and advertisements published in the Salem Evening News. All Board members excepting Mr. Doyle and Mr. Gray were present atithis hearing. Counselor Robert Tully appeared for the petitioners and explained the case the same as in the original appeal on file. one appeared in opposition. This area had been a business area prior to 1965, the year in which the City Zoning Ordinance was amended, zoning the area for two family residen- ces. Many businesses are being operated in the immediate neighborhood at the present time ; the district is popular with tourists and sightseers; many of the structures present interesting architectural features and the entire district was the scene of the shipping industry in the City' s more world-renowned times. This business would be in keeping with similar and other types of small business shops presently operating in this section of the City. In a careful study of the facts presented in this case, the Board felt that the proposed renovation would greatly improve the existing structure which has been abandoned for some time, and further found that this type of business would be in harmony with other shops in the neighborhood, and would not derogate from the intent and purpose of the ordinance and would cause no detriment to the public good, and for these reasons, voted unanimously to grant the variance as requested, VARIANCE GRANTED AS REQUESTED. BOARD OF APPEALS Act. Secretary of "'Mem, 'fflassar4metts },9 ;o �u ; i 10 1 f� '70 nttr� of ct`i�3�EttI l)FrICE WILLIAM P. JAMES H. ROULG DECISION ON PETITION OF HARRIET KOHN,- 2011 DERBY STREET LGER ER , JOSEPH E. DOYLE FOR A SPECIAL PERMIT TO ERECT AN ADDITION EXTENDING AN JOHN M. `RAY, SR. EXISTING BUILDING APPROXIMATELY SEVEN FEET. ARTHUR LAORECOUE EMERY P. TANCH J. NORMAN WELCH, JR. Pursuant town interlocutory decree of the Superior Court dated June 19, 1969, in Equity Case ¢#17626, further proceedings in .the above matter were held. A new application for a Special Permit was submitted by the Peti- tioner to the Board of Appeals in accord with the required procedure on May 7, 1970• The application requested that a Special Permit to permit an addition to an existing structure in accordance with plans filed with the Building Inspector of the City of Salem be granted. Notices in the form prescribed by law were sent to all persons entitled to receive notice as provided by law. A public hearing was advertised for May 26, 1970, at 6: 45 P.M. Attorney John R. Serafini of 126 Washington Street, Salem, Massachusetts appeared for the petitioner. He stated that the present structure and parcel of •and on which the structure was placed was located on the corner of Derby street and Herbert Street, that this area had prior to 1965, the year in which the Zoning Ordinance for the City of Salem was amended, been a bus- iness zone, that subsequent to 1965 the area was zoned "R-2" and that the structure became a non-conforming one and that the use became a non-con- forming use . That prior to 1965 a shed had been attached to the rear of the premises and that because of age and deterioration this shed had to be replaced by an addition to the existing building which addition was approximately seven (7) feet in length and covered the same approximate area which the shed had covered. The plans filed showed that the addi- tion would conform to the existing building and would be of a more per- manent construction. He recalled for the Board that at prior hearings in connection with this matter evidence had been presented in the form of photos of the shed as it was prior to 1965, and contractors ' estimates of the work involved in the proposed change were submitted to the Board. He stated the fact that the Board had viewed the premises in person and had seen the use made of the shed for storage of merchandise and bottles used in connection with the petitioner' s business._ He also pointed out that the area was a predominantly business area as appeared from the num- ber of businesses located on Derby Street adjacent to the premises at 204 Derby Street and across Derby : Street where there existed a gas sta- tion and oil and coal terminal and assorted wholesale businesses . The attorney asked the Board to incorporate all , of the previous evidence sub- mitted at prior hearings as applying to this hearing. He also called on the Board to have in mind the views they took of the property in question and the surrounding area . I 2 _ Mr. Bik appeared in opposition on behalf of himself, his brother, and his Father. He stated his objections were the same as he had expressed before loci as had been presented in the Court case . He stated his position had not changed and that the Bik family was opposed. He stated further that he had changed attorneys and that some one other than his previous attor- ney would be representing him in the case. The Board, after hearing the parties and after availing itself of all the facts available at this and prior , hearings and having in mind their per- sonal inspection of the structure , and the proposed addition and the gen- eral area , made clear their decision to grant a Special Permit for the fol- lowing reasons: The Board recalled that photographs introduced before the Board` at ,the time of the various hearings on this matter show clearly that there existed• prior to the application for a building permit, a structure on the area in question, which structure was an addition to an already existing brick.. building. The structure was substantial and permanent and had existed 'for many years . The photographs showed that the structure covered approximate- ly the some area as would be covered by the proposed new structures which appears on the plan accompanying the application for a building permit . The difference being merely that the new structure would blend in with the existing building and would be of brick construction rather than the wooden and plastic construction which existed at the time of this hearing. The area covered would be approximately the same . The proximity to the abutters ' property would be approximately the same with the proposed new addition as it was with the old shed. *ere was no question in the minds of the Board members that there was existing prior to this: application for a permit, a structure which was permanently attached to an already existing building and that this struc- ture antedated the ordinance changesmade in the City of Salem in 1965.. The ordinance changes in. zoning made this particular building a noncon• forming building and the use a nonconformingiuse . The Board also recalled that they personally examined the premises and the location and familiarized themselves with the area prior 'to the hear- ing. In addition to the facts above described the Board found as addition- al facts the followings That the particular use had been in existence on this parcel of land for a number of years prior to the adoption of the 'new Zoning Ordinance. At one time there was an addition connected to the building, which addition had extended to the rear lot line and this addition had been torn down by the petitioner as stated above . The, proposed new addition is simply to add a structure which would complement the already ,existing building, , and would replace the portion of the structure which had been torn down. There was no intention to abandon or discontinue the nonconforming use or the non- conforming structure . It was simply to be replaced by .the structure for which a Special Permit is sought. It was established that the neighborhood is a commercial one, and that **a petitioner has occupied the same location for many years, conducting a same or a similar type of .business for all of this period. of time. It was established to the satisfaction of the Board that the property of the abutters would not be affected in any way in granting a Special Per- mit, in that originally this area had been occupied by a structure which because of age , appearance and other factors was required to be replaced. - 3 - It appeared to the satisfaction of the Board that this matter was a proper oma-- for the granting of the Special Permit, and that granting said permit told not in any way derogate from the intent of the applicable Zoning Ord-, inance, and would not in any way cause substantial detriment to the public good , and further that the granting of this permit would not substantially . increase the size of the building itself, or the use therein nor would it be an unreasonable extension of a nonconforming structure and a nonconform- ing use . The Board found that to permit this construction requested is not in any way unreasonable for in effect it would enhance the ne'ighborhood', the pro- posed structure being architecturally more pleasing to look at than the structure that had been there. The Board also noted that the same finding had been made by it at a prior hearing and that a copy of their findings had been sent to the Superior Court to be filed with the papers. in Equity case #17626, but in order to dispel any doubts as to their intention, the Board has acted on this present application for a Special Permit after due notice being given to all interested parties in accordance with the law. The following' Board members were present- at this hearing and each voted in the affirmative to grant this application for a •Special Permit for the rea- sons detailed above: William F. Abbott, James A. Boulger, Arthur Labrecque , Emery P. Tanch, and J. Norman Welch, Jr. BOARD OF APPEALS SPECIAL PERMIT GRANTED AS REQUESTED. BYE{l- �, r-,rte-,;ii l.f;'C,C �///' • !✓�Act� Secretary • .r SU I (1itg of �ia[em, .t . E2I� n cn • .,. 3_�;,:�:` �narb of Ir r. O WLLLIAM F. ABBOTT . M W ITt JAMES H. BOULDER ;^° JOSEPH F. .AYLEDECISION ON PETITION OF GIBBS OIL COMPANY TO ERECS~� GAS s JOHN M. GRA V, $R, ( ARTHUR LABRECOUE LINE FILLING STATION, NO SERVICE BAYS, WITH TWO 1, EAN�b Fn- EMERY R. TANCH EACH HAVING EIGHT PUMPS THEREON, AND TO INSTALL &4NS=LLCD J. NORMAN WELCH. JR. AT 295 DERBY STREET. c� M � 0 In accordance with a Notice of Hearing duly published and advertised, a hearing on the application of Gibbs Oil Company requesting a variance to permit a gas filling station at 295 Derby Street, and to install signs in accordance with plans filed with the application thereon was held in the Council Chambers in City Hall on Monday, September 21 , 1970. Board Members present included William Abbott, . John Gray, Arthur Labrecque and Emery Tanch; unable to be present were James Boulger, Joseph Doyle, and Norman Welch, Jr. There were present representatives of the 'Petitioner and their Attorney, John R. Serafini of Salem, Massachusetts. No one appeared in opposition. At the hearing, evidence was introduced that the Petitioner had been grant- ed a permit by the Salem City Council for the storage of gasoline, and •iFurther that the Petitioner was being dislocated from its present site , by rban Renewal, and that in fact demolition was taking place at the present time; that the lot in question which was under written agreement with the Petitioner and which the Petitioner was to purchase, did not have the lot width required under the zoning laws as they pertain to gasoline stations; that the lot in question had 110 feet of frontage wherein 120 feet was re- quired, and the proposed driveways were closer to the side line of said lot than was permitted and that the area necessary to maintain the request- ed number of pumps was also short of the area required; and further that the sign area requested by the Petitioner was in excess of that permitted in the district. Evidence was submitted showing the type of building that was proposed, and the fact was noted that the design of the building was such that the entire roof area of the building was composed of panels which had letter- ing for signs. In addition, a large stationary sign showed on the model submitted to the Board. After careful examination of all of the facts presented, the Board con- cluded that this lot which had been a conforming lot prior to the date of the adoption of the Zoning Ordinance in 1965 and which was presently zoned for a "B-4 - Automotive Zone" , should be permitted to be utilized by the Petitioner; that it would be a hardship peculiar to the lot and land if such use were not permitted, as the newzoning ordinance contem- plated such use in this zone; it was noted that the particular design of -0the Petitioner' s building required that they be permitted to have the 1ign area requested. The Board further found—that the proximity of the driveways to the side lines of the lot in question should be permitted as shown on the plan in order to facilitate the ingress and egress of traffic in a safe and orderly manner. - z - The Board found that the number of pumps requested would in no way dero- gate from the intent of the zoning- ordinance which permits gasoline sta- i tions in a "B-4" zone, and for all of these reasonsp the , Board unanimous- ly voted to grant the variances requested. BOARD OF APPEALS VARIANCES GRANTED n A� BYe Act. Secretary'7 rn M r m t*tm rn n N H fn $ O • i i r h REr�I� !.o Tito of 52tlem, �T8a22CI�LtSE��� 10 t�9i 10 Poarb of JAPPeal In+oger• r WILLIAM F. ABBOTT {7Y SALEM, . ' aa-SI e 3 ENGLISH $ALEM�D7$�`�•SION ON PETITION OF ROBERT A. TREMBLAY JAMES H. BOULDER STREET TO RELOCATE HIS BUSINESS TO THIS ADDRESS, AND JOSEPH F. OOYLE TO OCCUPY THE PREMISES FOR AN OFFICE AND STORAGE ROOM JOHN M. CRAY, SR. FOR MATERIALS. ARTHUR LABRECOUE - EMERY E. TANCH J. NORMAN WELCH, JR. Upon receiving complaints that a business, was being conducted at 3 English Street by Mr. Robert Tremblay, the Inspector 'of Buildings notified Mr. Tremblay that this was not a permitted use in this district , and referred him to the Board of Appeals. Petitioner appealed to the Board and a hearing was held on this petition on May 269 1970, pursuant to notices mailed postpaid to the petitioner, abutters, board members and others, and advertisements published in the Salem Evening News. Counselor George Vallis appeared at the hearing for Mr. Tremblay, and pre- sented a petition bearing the names and addresses of thirty-eight neigh- bors in the immediate vicinity, stating they were in favor of the granting of a variance to the petitioner; in addition, Mr. Cary and Councilor Jos- h Ingemi also appeared in favor of granting this appeal'. Counselor Vallis stated the appeal the same as in the original petition on file; prior . to being operated at the new address, petitioner' s business was located on Essex Street in the Urban Renewal project area; this relo- cation is the result of an emergency and is a temporary site ; petitioner is continually searching for a suitable permanent location for his busi- ness operation, and requests that a conditional variance be granted for a duration not to exceed two years. Ward Councilor Louis Swiniuch and Counselor Alphonse Bacharowski appeared in opposition to granting this appeal. Counselor Bacharowski presented a petition with thirty-six signatures, without addresses, of persons who were opposed to granting this appeal. - I ' After careful consideration and discussion of all of the facts presented in this case, the Board found that to deny this petition would impose un- necessary hardship on the petitioner, and further found that to grant the appeal would not derogate from the intent and purpose of the Ordinance and would cause no detriment to the public good, and for these reasons, four members in favor and one opposed, voted to grant a Special Permit for a period of one year, stipulating that premises' be kept neat and orderly. BOARD OF APPEALS SPECIAL PERMIT GRANTDD WITH CONDITION. BY 0. 1' Act. Secretary fit of Puarb of :A� Vyttt1 WILLIAM F. ABBOTT DECISION ON PETITION? OF JEANNETTE DU BOIS AND RUTH WOODS JAMES F. OOYLE BO ER y JOSEPH FTO RENOVATE BASEMENT AT 15 FLINT STREET CORNER OF Wr_R EV YL JOHN M. GRAY, SR. STREET, TO PROVIDE ADDITIONAL APARTMENT. ARTHUR LAORECOUE EMERY C. TANCH J. NORMAN WELCH, JR. The Inspector of Buildings refused to issue a permit to alter the basement at 15 Flint Street to provide an additional apartment as this is an R-2 district, zoned for two-family residences. Petitioners appealed to the Board of Appeals and a hearing was held on petition on November 23, 1970, pursuant to notices mailed postpaid to the petitioners, abutters, board members, and others, and advertisements pub- lished in the Salem Evening News . All Board members were present at this hearing, excepting Mr. Doyle who was unable to attend. Mrs. John Miller, Jr. , appeared for the petitioners. Appearing in opposition to granting this appeal were Mr. Stephen Phi11.i ,'- , an abutter, Counselor Farley representing Dr. and Mrs. Davis, also ab-+. as, -•and Dr. Lebel. In addition a list of thirty-four, nRmes of persons opp.Izec to granting this appeal was submitted, being names of persons in th'a iet e- diate area . After a thorough study of all of the facts presented in this case, the Board found there is no hardship involved, and to grant this appeal would be detrimental to the public good, and further found that to grant this appeal would derogate from the intent and purpose of the Ordinance ., and these reasons, voted unanimously to deny this appeal. BOARD OF APPEF; APPEAL DENIED. � '� tee✓ BY _.._._... _ Acting Secretary, a'' ® w a-- U C:) LLf Cl Q Li W U Uj J J }N V O d6 !I � of �< \ ourb of (� yral JUL 2 3 43 PIi '70 �Crnrcr.n OF TY DECISION ON PETITION OF NEW ENGLAND POWER COMPANYCIF VIILLIAM F. ABBOTT �'(${L , pgq$gF'CE JAMES H. BOULGER SPECIAL PERMIT TO INSTALL AND CONNECT TWO SEMI PORTABLE JOSEPH F. OOVLE DIESEL ELECTRIC GENERATING UNITS MOUNT ONE SWITCH GEAR JOHN M. GRAVE SR. ARTHUR LARRECOUE COMPARTMENT AND ONE TRANSFORMER ON CONCRETE FOUNDATIONS, EMERY E. TANCH AND PLACE TWO 9900 GALLON TEMPORARY OIL STORAGE TANKS J. NORMAN WELCH, JR. INCLUDING ALL ASSOCIATED PIPING AND WIRING AND NECESSARY ACCESSORY FACILITIES; LOCATION OF THESE PREMISES 24 FORT AVENUE. The New England Power Company is the applicant for a Special Permit for its..parcel of land located at 24 Fort Avenue in an Industrial (I) District. The applicant has used the land for an electric generating station . since 1950. Applicant filed an application for a Special Permit under Section V of the City of Salem Zoning Ordinance in order to construct and use two semi port- able diesel electric generating units with switch gear compartment and transformer, and two 9900 gallon temporary oil storage tanks, including all associated piping and wiring and accessory facilities all in accord- ance with Plans numbered Plot Plan No. H-27004-1 and Building Plan 627621 filed with the application. In accordance with the procedure set Korth in Section IX-D of the Salem Zoning Ordinance, following public notice, a public hearing was held by -the Board on June 29, 1970. At the hearing .on this petition, all Board Members excepting Mr. Doyle were present . Mr. P. K. Mullare appeared at this hearing as Counsel for petitioning company; also appearing were Mr. Crawford, engineer for petitioner, and Mr. McVey a company representative . Ward Councillor Louis Swiniuch appeared with several area residents to oppose granting this appeal . The case was explained to the meeting the same as in the original appeal on file. It was found that the proposed diesel electric generating units and rela- ted oil storage tanks is an appropriate use for the parcel and the grant- ing of a Special Permit therefore is within the provisions and intent of Section II-B-33 and Section III-A-9 of the City Zoning Ordinance; the use of the land for diesel electric generating units and related oil storage tanks would promote the public health, safety, convenience , morals and welfare of the City ' s inhabitants; the parcel is 60 acres in size, loc9ted next to the harbor, bounded by a road, sewage pumping station and contract- .ng business; the parcel is highly suitable for such a use because of its ccessibility to the harbor; under all the circumstances, the use will be in harmony with the intent and purpose of Chapter 40A Section 4 of the General Laws and of the City Zoning Ordinance, appropriate safeguards are present , and specific conditions set forth in the Ordinance have been met. r 2 I , The Board of Appeals determined and made the finding that the following •specific conditions, as set forth in Section V-B-9 of the City Zoning Ordinance, have been met: a . The proposed use for electric generating units and related oil storage tanks is not a use specifically prohibited from the City of Salem, according to the schedule of prohibited uses set forth in Section V-C of the Ordinance; b. Said proposed use is not dangerous by reason of hazard from fire or explosion; C . Said proposed use is not offensi.vv or detrimental by reason of causing dust , smoke, odor, fumes, noise, vibration, traffic, con- gestion, or other nuisance; and d. Said proposed use is compatible with the adjacent nonindustrial uses. Therefore, the Board of Appeals by unanimous vote, grants the applicant a Special Permit as requested, to construct and use its land for two semi portable diesel electric generating units with switch gear compartment and transformer, and two temporary oil storage tanks, including all associated piping and wiring and accessory facilities. •SPECIAL PERMIT GRANTED AS REQUESTED. /BOARD OF APPEALS / Act. Secretary © w lit r+1 , E LU } J Y V -T • ...... rrq 3 v F ' h Ctu of Salem, Massachusetts Poarb of Appeal „q . rE'n.m7o`r DECISION ON PETITION OF CHARICK TRUST TO ERECT ADDITION WHLUAM F. ABBOTT TO EXISTING STRUCTURE AT 201 FORT AVENUE. JAMES H. BOULDER JOSEPH F. DOYLE JOHN M. GRAY, SR. ARTHUR LABRECOUE EMERY P. TANCH J. NORMAN WELCH, JR. The Inspector of Buildings refused to issue a permit to erect an addition to an existing structure at 201 Fort Avenue as plans showed an insuffic- ient side yard setback in violation of the City Zoning Ordinance . Petitioner appealed to the Board of Appeals and a hearing was scheduled on the appeal pursuant to notices mailed postpaid to the petitioner, abutters, board members, and others, and advertisements published in The Salem Even- ing News. This hearing advertised for October 269 1970, Among Board members present were Mr. Abbott , Mr. Gray, Mr. Tanch and Mr. Welch; unable to attend were Members Mr. Boulger, Mr. Doyle and Mr.Labrecque. Mrs. Hennessey, an abutter appeared, and viewed the plans. No one appeared for the petitioner, and the Board by unanimous vote postponed this hearing until the next meeting which was held on November 23. 11 Board members were present at this hearing excepting Mr. Doyle who was nable to attend. Mr. Shribman, Trustee of petitioning trust appeared in favor of granting this appeal; Mr. Woon-Chung, tenant of the property also appeared and ex- plained that the addition is needed for installation of sanitary facilities which the public Health code requires, and would also provide additional storage space; he further stated it would be practically impossible to operate the food stand if this appeal is refused. No one appeared in opposition. After considering all of the facts presented in this case , the Board found that to grant this appeal would alleviate a _hardship in existing conditions in operating this business, and further found that as this is one of many small businesses conducted in this beach and recreation area which operate only in the summertime, granting this variance would in no way derogate from the intent and purpose of the Ordinance and would cause no detriment to the public goods and for these reasons voted unanimously to grant this appeal. APPEAL GRANTED $StlW 'W3ltlS BOARD OF APPEALS OI. Wd en 8 X30 BY • Acting Secretary 3 b- y M . Q-Titu of nfem Aussadjuse##s ourb of �"jeal r W,LL,AMLA96CTT DECISION ON PETITION OF GILBERT MICHAUD, TO INSTALL A SWIMMING POOL AT 12 FRANCIS ROAD. J O..IN 1. oOvLK JOHN M. ...I. R. ^H Huw uBNKCQue The Inspector of Buildings refused to issue a permit to install. a swimming pool at this location as the Board of Appeals only may grant a Special Per- mit to allow such installation. Petitioner appealed to the Board of Appeals, and a hearing was held on this appeal on February 24, 1970, pursuant to notices mailed postpaid to the pe- titioner, abutters, board members, and others, and advertisements published in the Salem Evening News. All board members were present at this hearing, excepting Mr. Doyle who was unable to attend . Petitioner appeared with Mrs. Michaud and stated the case the same as in the original appeal on file; he would like to have a swimming pool on his property for the convenience, relaxation and enjoyment of his family; he further stated he is on the road as a salesman a great deal of the time . and he feels a swimring pool would be an asset to his family' s recreation. TO one appeared in opposition. The Board, in accordance with Section VII, Paragraph J. which states "All swimming pools except for portable, both interior and exterior types shall have a "Special Permit" issued before construction of said pool" voted unanimously to grant a Special Permit to allow such installation, finding that the required distances to all boundary lines shall be observed. SPECIAL PERMIT GRANTED. BOARD OF APPEALS BY Acting Secreary '� JV 4 i,c urrl,b oftt1em, Htts�ttcl�ose##s T 'r � Pnttra of �tytyM DF,CTSTON ON PETITION OF GENO AND ELAINE BARUFFI 1�� co m wn�uwee•,weeorr SPECIAL PERMIT TO INSTALL A SWIMMING POOL AT S GAPLE n AAwwe H. eeuwww CIRCLE.. - m �ow�n.•. eo.�w . N C •wrwuw uewwoeuw H T = � , T n T C=O The Inspector of Buildings refused to issue a permit to install a swimming Pool at this location as in accordance with the City Zoning Ordinance, the Board of Appeals only has authority to approve, such installation. Petitioner appealed to the Board and a hearing was held on this appeal on February 24, 1970, pursuant to notices mailed postpaid to the petitioner, abutters, board members, and others, and advertisements notifying, of the hearing were published in the Salem Evening News% All Board members were present at this hearing excepting Mr. Doyle who was unable to attend. , Petitioners appeared and stated their case the same as in the original ap- peal on file= they hoped to be allowed to install a swimming pool for fam. ily convenience, relaxation and enjoyment. They are 'appealing for permis- sion to install the Fool only, as all other requirements of the Zoning CWnance will be mete After considering all aspects pertaining to the installation of this pool, and finding that the, plan submitted to this meeting shows that all required distances to bounds lines will be observed, the Board voted unanimously to grant this appeal, finding that granting the petition would alleviate hardship in traveling to and from local beaches, and further finding that granting the appeal would in no way derogate from the intent and purpose of the Ordinance and would cause no detriment to the public good. SPECIAL PERMIT -GRANTED ' BOARD OF APPF�AIQ,S BY . . . ' �?,�! Acting Secretary •' - i COSI IT REfF!"` fitv of Am, rZ 2 21 PP1 JUL 2c Puarb of cr Vyral Iry'c/p__r]L Ar CITYGt. OFFICE 7. 22.70 SALE+:.. , MASS. WILLIAM F. ABBOTT JAMES H. BOULGER DECISION ON APPLICATION OF .JAMES THOMPSON FOR SPECIAL PER- JOSEPH F. DOYLE MIT TO INSTALL SWIMMING POOL AT 9 GABLES CIRCLE. JOHN M. GRAY, SR. ARTHUR LABRECGUE EMERY F. TANCH In accordance with the regulations of the City Zoning Ordin- J, NORMAN IN JR. , ance , Section V_B-1-"e" and Section VII-J, the Inspector of Buildings advised the applicant to appeal to the Board of Ap- peals for a Special Permit to install a Swimming Pool. A hearing was held on this appeal on June 29, 1970, pursuant to notices mailed postpaid to the petitioner, abutters, board members , and others , and advertisements published in the Salem Evening News. All board members were present at this hearing, excepting Mr. Doyle who was unable to attend. Appearing with the petitioner were Michael O'Brien and Frank Merkel to re- cord their approval of granting this appeal. Petitioner explained the pe- tition the same as in the original appeal on file . There are three chil- dren in the family, each of whom has limited leisure time due to newspaper deliveries, and assisting in the care of their grandmother who makes her home here also; they are unable to frequent local beach areas, and a swim- ming pool would be of great convenience for their relaxation and pleasure time. The Board members have .the facts presented to the meeting together with Me plot plan and literature on the proposed pool, and are of the opinion that the special permit for which application is made is in harmony with the purpose and intent of the ordinance and should be granted. By unanimous vote, the Board has therefore voted to grant a special permit to install and maintain a swimming pool as requested, subject to the follow- ing CONDITIONS: 1 Use of pool shall cease at 10:00 P.M. 2. Pool shall be constructed and maintained in accordance with the General Laws of the Commonwealth of Massachusetts, appli- cable to Swimming pools., and the rules and regulations of the City of Salem Building Code, Board of Health, Electrical De- partment, -Police Department, and Zoning Ordinance. 3- Pool shall be surrounded on all sides with a permanent wall or fence at least four feet high; the fence shall have a locking device and a closing device so as to keep the gate shut at all times; a minimum of one ladder, stair, ledge or standup urea , not over three feet below water surface shall be provided for each seventy-five feet of perimeter; the fence shall have only one opening, 3 feet maximum width. 4. Pool shall be constructed of materials that will provide a structurally: sound and tight tank with impervious surfaces that are easily cleaned. BOARD OF APPEALS SPECIAL PERMIT GRANTED WITH CONDITIONS (Act . Secretary " �j ca uu ' � mz"'5y ," Coif oc�f; /i.D t r 127 P!1110 31 a7rb of &Apyioal Sr�ISEV9 F CITY CDEC.ISV6KT1"9N APPLICATION OF NICHOLAS DE SISTO FOR A SPECIAL WILLIAM F. ABBOTT ,SAE'Tu� A? wq§STO INSTALL A SWIMMING POOL AT 2 GALLOWS CIRCLE. JAMES H. SOVLOEF JOSEPH F. OOYLE JOHN M, GRAY, 5F. In accordance with the regulations of the City Zoning Ordin- AHTHOH LA9HECOOE ante, Section V-B-1.-"e" , and Section VII-J, the Inspector of EMERY ', TANCH Buildings advised the petitioner to appeal to the Board of J. NORMAN WELCH, IS, Appeals for a Special Permit to install a swimming pool. The Appeals Board held a hearing on June 29, 1970, on an appeal from Mr. DeSisto at which all Board members, excepting Mr. Doyle, were present . The Board members have the facts presented to the meeting together with the plot plan and literature on the proposed pool, and are of the opin- ion that a special permit for which application is made is in harmony with the purpose and intent of the ordinance and should be granted. By unanimous vote , the Board has therefore voted to grant a special per- mit to install and maintain a swimming pool as requested, subject to the following CONDITIONS: 1. Use of pool shall cease at 10:00 P.M. 2. Pool shall be constructed and maintained in accordance with the General Laws of the Commonwealth of Massachusetts, appli- cable to swimming pools, and the rules and regulations of the City of Salem Building Code, Board of Health, Electrical De- partment , Police Department, and the Zoning Ordinance. 3. The pool shall be surrounded on all sides with a permanent wall or fence at least four feet high; the fence shall have a locking device and a closing device so as to keep the gate shut at all times; a minimum of one ladder, stair, ledge or standup area , not over three feet below water surface shall be provided for each seventy-five feet of perimeter; fence shall have only one opening, 3 ,feet maximum width. 4. Pool shall be constructed of materials that will provide a struc- turally sound and tight tank with impervious surfaces that are easily cleaned. 5. No swimming pool or appurtenances thereto shall be installed or altered until a building permit has been obtained from the In- spector of Buildings who may issue such permit 21 days from the date stamped on this decision in the office of the Citv Clerk. •SPECIAL PERMIT GRANTED WITH CONDITIONS. BOARD OF APPEALS BY Act. Secretary .VCO] IT,t of fY' l27 PM '70 varb of Appeal i �SION ON APPLICATION OF RONALD S. FALKENSTEIN FOR A CIT CLc (r,'' S ��iY $ � P7 It,�IS�P CIAL PERMIT TO INSTALL A SWIMMING POOL AT 50 GALLOWS WILLIAM F. JAMES H. ROULCER HILL ROAD. JOSEPH F. OOYLE - JOHN M. GRAY, SR. In accordance with the regulations of the City Zoning Ordin- ARTHUR LAURECQUE EMERY P. TANCH a.nce , Section V-B-1-11e° , and Section VII-J, the Inspector of J. NORMAN WELCH, JR. Buildings advised the petitioner to appeal to the Board of Appeals for a Special Permit to install a swimming pool . The Appeals Board held a hearing on June 29, 1970 on an appeal from Mr. Falkenstein at which all Board members , excepting Mr. Doyle , were present. The Board members have the facts presented to the meeting together with the plot plan and literature on the proposed pool, and are of the opinion that special permit for which application is made is in harmony with the purpose and intent of the ordinance and should be granted. By unanimous vote , the Board has therefore voted to grant a special permit to install and maintain a swimming pool as requested, subject to the follow- ing CONDITIONS• 1. Use of pool shall cease at 10:00 P.M. 2. Pool shallbe constructed and maintained in accord- ance with the General Laws of the Commonwealth of Massachusetts, applicable to swimming pools, and the rules and regulations of the City of Salem Build- ing Code, Board of Health, Electrical Department , Police Department , and the Zoning Ordinance. 3. Pool shall be surrounded on all sides with a perman- ent wall or fence at least four feet high; the fence shall have a locking device and a closing device so as to keep the gate shut at all times; a minimum of one ladder, stair, ledge or standup area , . not over three feet below water surface shall be provided for each seventy-five feet of perimeter; fence shall have only one opening 3 feet maximum width. 4." Pool shall be constructed of materials that will provide a structurally sound and tight tank with impervious surfaces that are easily cleaned. 5. No swimming pool or appurtenances thereto shall be installed or altered until a building permit has been obtained from the Inspector of Buildings who may issue such permit 21 days from the date stamped • on this decision in the office of the City Clerk. SPECIAL PERMIT GRANTED WITH CONDITIONS n BOARD OF APPEALS BY Act. Secretary 37 5' (Gifu of 'S'ttlem fflassar4usetfs rl 29ourb of �ppeal J�-'•rte: 'rumv. WILLIAM F. ABBOTT DECISION ON PETITION OF ROGER H. DESCHAMPS TO CONVERT JAMES H. BOULDER AN EXISTING TWO FAMILY DWELLING AT 2-4 GARDNER STREET JOSEPH F. ROYLE JOHN M. GRAY, SR. TO PROVIDE AN ADDITIONAL APARTMENT. ARTHUH LAaRECOUE EMERY P. TANCH J. NORMAN WELCH, Jn. Petitioner through his attorney, John R. Serafini , appealed directly to the Board of Appeals, requesting a variance from the applicable require- ments of the City Zoning Ordinance with regard to use, lot area , lot frontage, and front and side setbacks from boundary lines. A hearing was held on this appeal on September 23, 1970, pursuant to no- tices mailed postpaid to thepetitioner, his Counselor, abutters, board members , and others, and advertisements published in the Salem Evening News advising of this hearing. The Board members present were John Gray, William Abbott, Arthur Labrecque and Emery Tanch; unable to attend were member-s--Norman Welch, Jr. , Joseph Doyle , and James Boulger. Counselor Sera£ini appeared for the petitioner and explained the case the same as in the original appeal on file; maintenance of the premises and 10eneral maintenance have created a severe financial hardship to the pet.i ioner and presented a detailed summary of such expenses; in accordance with the regulations of the Zoning Ordinance the Board may permit alter- ations to provide one or two additional apartments in the R-2. two-family residence areas. Ward Councillor Jean Levesque appeared in favor of granting this appeal. No one appeared in opposition. After an examination of the facts and plans presented in this case, the Board found that to grant the variance as requested would relieve hard- ship to the petitioner, and further found that to grant the variance would in no way• be detrimental to the public good and would not derogate from the intent and purpose of the Ordinance, and for these reasons voted un- animously to grant the variances as ''requested. o u.t BOARD OF APPEALS VARIAN'ES SdRANTED. W c � iJ_Ui By , u' ?2 Act. Secretary Ln Uj LU L11 J J M rN O_ F i Ctu of 'k$4Iem, ':ffl: aS.6ar U6e##9 Pourb of �ppral wLLAM ..♦eoe- DECISION ON PETITION OF ROGER DESCHAMPS TO REMODEL JAMSS H. SOULOSR AN EXISTING TWO-FAMILY DWELLING TO PROVIDE A THIRD JoweRH .. oov�e APARTMENT AT 2-4 GARDNER STREET. JOHN M. ORAY. SR. .RTHVR LASpSCOVs The Inspector of Buildings refused to issue a permit to convert an exist- ing two-family dwelling at this location to provide a third apartment as the building is located in an R-2 ,district , zoned 'for two family residences. Petitioner appealed to the Board of Appeals and a hearing was held on this petition on February 24, 1970, pursuant to notices mailed postpaid to the petitioner, abutters, board members, and others, and advertisements pub- lished in the Salem Evening News. . All Board members were present at this hearing, excepting Mr. Doyle who was unable to be present. Counselor John R. Serafini appeared for the petitioner and explained the case; petitioner and 'his wife also appeared at this hearing. It� was learned that petitioner had acquired this property in December, 1969. ;,er careful consideration of the facts presented in this case, the Board ind that there was no hardship involved, and 'voted;unanimously to deny . this appeal. APPEAL DENIED. BOARD OF APPEALS � � BY Acting Secretary sr g 1� W �. � V W C:) aL_ li N U.1 u h > 00 Q W J W C" U Q Vl C F— V E 1 3 Y ;N CZi# of ttiem, tts��zcl#�zsP##s t _� IIMr�1 D{ �13J�JE2I� J ;tea DECISION ON APPLICATION OF GEORGE CAMERON FOR A WILLIAM F. ABDQICv > N SPECIAL PERMIT TO INSTALL A SWIMMING POOL AT 12 JAMES H. DOULGERE H GRAFTON STREET JOSEPH F. DOYLE J V JOHN M. GRAY. SR. ARTHUR LAORECOUE In accordance with the regulations of the City Zoning EMERY P. TANCH Ordinance , Section V-B-1-"e" , and Section VII-J, the J. NORMAN WELCH' JR. Inspector of Buildings advised the petitioner to ap- peal to the Board of Appeals for a Special Permit to install a swimming Pool. The Appeals .Board held a hearing on June 29, 1970, on an appeal from Mr. Cameron, at which all Board members, excepting. Mr. Doyle, were present. The Board members have the facts presented to the meeting together with the plot plan and literature on the proposed pool, and are of the opin- ion that a special permit for which application is made is in harmony with the purpose and intent of the ordinance and should be granted. By unanimous vote , the Board has therefore voted to grant a special per- mit to install and maintain a swimming pool as requested, subject to the following CONDITIONS• 1. Use of the pool shall cease at 10:00 P.M. 2. Pool shall be constructed and maintained in accordance with the General Laws of the Commonwealth of Massachusetts, appli- cable to swimming pools, and the rules and regulations of the City of Salem Building Code, Board of Health, Electrical De- partment , Police Department, and the Zoning Ordinance . 3. Pool shall be surrounded on all sides with a permanent wall or fence at least four feet high; the fence shall have a locking device and a closing device so as to keep the gate shut at all times; a minimum of one ladder, stair, ledge or standup area , not over three feet below water surface shall be provided for each seventy-five feet of perimeter; fence shall have only one opening 3 feet maximum width. 4. Pool shall be constructed of materials that will provide a structurally sound and tight tank with impervious surfaces that are easily cleaned. $. No swimming pool or appurtenances thereto shall be installed or altered until a building permit has been obtained from the Inspector of Buildings who may issue such permit 21 days from the date stamped on this decision in the office of the City Clerk. BOARD OF APPEALS SPECIAL PERMIT GRANTBD WITH CONDITIONS. BY (Act. ) Secretary " �y alitu of Poura of '�kpyral wR.uAM w. A.90T JAMES M. OOULCeR -PETITION OF ULYSSES LIMA, 1 GRANITE STREET Jos6wM JOHN M. CRAY. OR. AWHUR 1.J:9R6CCU6 Petitioner appealed to the Board of Appeals for a variance from the ap- plication of the City Zoning Ordinance to convert an existing dwelling to provide a third apartment at 1 Granite Street. A hearing was scheduled on this appeal for February 24, 1970 at which time Counselor George P. Vallis, representing the petitioner requested and was granted leave to withdraw without prejudice. LEAVE TO WITHDRAW WITHOUT PREJUDICE. BOARD OF APPEALS BY f�2�4/ oe o W \ Acting Secr tow6' •• O< >- p g . W — .'y C.) ,-:UJ W' JJ g � • _vcmm ti CF J Titg of �zlPztt, tt � t1��z e#ts Pottrb of �Appral �'•nun,,o�r' w 4M F. A..OTT DECISION ON PETITION OF WILLIAM F. HAIGHT TO ERECT A ^MEa " Bo��oER CEMENT MASONARY BUILDING 801 x 1.20 ' ON LOT #660 GREEN LEDGE STREET. JOXN M. OR4V. BR. M1RT"VR LgORLCOVE � - The Inspector of Buildings refused to issue a permit to Prect a brnil.di.ng at, ,,this l.00ation as Petitioner' s plan. showed he could not comply with the density requirements of the City Zoning Ordinance for this district with relation to lot size , front:, side , and rear setback requirements, and max- imum lot coverage permitted . The area is zoned for Industrial uses . A hearing was held on this appeal on March 30, 1970, pursuant to notices mailed postpaid to the petitioner, abutters, board members, and others , and advertisements published in the Salem Evening News advising of this hearing. All Board members excepting Mr. Doyle were present . Petitioner appeared and explained the case , the same as in the original appeal on file . An abutter, Petro Theophilopoulas, ' appeared with the pe- titioner, to be recorded in favor of granting this appeal . apo one appeared in :opposition . After a careful review of the facts presented in this case , the Board found that to grant this appeal would in no way derogate from the intent and purpose of the Ordinance and would in no waybe detrimental t amental to the public good , and further found that to grant this appeal would relieve a hardship to, petitioner in permitting the construction of the proposed structure thereby utilizing the land for a use permitted in this dis- trict , and for these reasons voted unanimously to grant the variance as requested . BOARD OF APPEALS VARIANCE, GRANTED AS REQUESTED. gy T /� " ACING SFFCRFTARY o W 2 LL a.. �) •J Q cC F- s12 J t.COablr1^ ' r r Pearb of 'tAyyeal WILLIAM F. ABBOTT DECISION ON PETITION OF LEWIS MARTIN TO INSTALL A SWIMMING JAMES H. BOULGER POOL AT 11 GREENWAY ROAD. JOSEPH F. DOYLE - JOHN M. GRAY, SR. ARTHUR LARRECOUE EMERY P. TANCH J. NORMAN WELCH, JR. A hearing was held on the appeal of Lewis Martin to install a swimming pool at 11 Greenway Road on October. 26, 1970, pursuant to notices mailed postpaid to the petitioner, abutters, board members, and others , and advertisements published in the Salem Evening News. Present at this hearing were Board members John M. Gray, William F. Abbott, Emery P. Tanch, and J. Norman Welch, Jr. Members unable to attend were Arthur Labrecque , James J. Boulger and Joseph F. Doyle. Petitioner appeared and explained the case the same as in the original appeal on file ; his wife has low blood and can not go into cold ocean water; she also has a bad back which would be a hardship to travel to beaches ; she pre- fers having her children and grandchildren enjoy bathing in her own pool in- stead of polluted waters. gpearing in favor of granting this appeal were Alfred LeBrie and Paul R. Gf ine I. No one appeared in opposition. After a study of the facts and plans presented in this case the Board found that setback requirements of the Zoning Ordinance are in order with regard to distance from the front boundary line and left side boundary line and distance from existing dwelling; the proposed pool would be six feet from the right boundary line and twenty-two feet from the rear line; by unani- . mous decision, the Board voted to grant petitioner a Special Permit to in- stall a swimming pool as requested. BOARD OF APPEALS ,- SPECIAL PERMIT GRANTED. BY Acting Seci:zzta 4s Mr r� m:T; m c3 N'+t `Vj O ' n o .; .n•convtr,�M1J Qr (9i#u of ialem, •o _ �. ,,, .—• c PAMT11 of �p7PtiI 'UJNMBI�'' WILL®M.F. AB T DECISION ION PETITION OF ELMER H. WARNER, ET AL, FOR VARIANCE JOSEPH E. DOYLE FROM APPLICABLE REQUIREMENTS OF THE CITY OF SALEM ZONING ORD- JOHN M. GRAY, SR. INANCE IdTH REGARD TO LOT AREA, LOT WIDTH, SETBACK FROM BOUN- ARTHUR LUE EMERY P. TANCH DARY LINES- AFFECTING LAND AND EXISTING STRUCTURES AT 73-75 TANCM J. NORMAN WELCH, JR. HARBOR STREET, CORNER OF CONGRESS AND WARD STREETS. I Pursuant to a hearing duly advertised in accordance with the requirements of the Law, the above petitionlwas heard on October 28, 1970, in the City Council Chambers. The matter was presented by Attorney John R. Serafihi, representing the petitioner, Elmer H. Warner, et al. Board members present at this hearing included Emery Tanch, Arthur Labrecque, John M. Gray, James J. Boulger, and William F. Abbott ; unable to attend were , members Joseph Doyle and J. Norman Welch. i It appeared that Elmer H. Warner, et al is the owner of property situated on the corner of Harbor, Congress and Ward Streets ,. as shown on plan en- titled "Land of Elmer H. Warner, et al, Harbor Street, Salem Massachusetts, Scale 1 in = 40 ft. , dated October, 1970, Edwin T. Brudzynski, Registered Surveyor. " It appeared further that the existing buildings on said land have been in existence for well over the past fifty (50) years . •It also appeared that no new construction, extension, or building, etc . , is contemplated and it appeared further that -the buildings represented the situation as it actually existed at the time of the adoption of the new zoning ordinance. After considerable discussion it was determined by the Board that it would be an undue hardship not to permit the maintenance of these buildings on the lots as set forth on the plan presented. It was also felt that the petitioners should be able to transfer these ,parcels as .the situation arose as the lots and buildings thereon have not been in any way altered or changed from the way they existed prior to the adoption of our zoning ordinance , and it was therefore unanimously voted to grant the variances as to lot arealrequirements, lot width requirements, and front , side and rear yard setback requirements. i BOARD OF APPEALS APPEAL GRANTED'. BY 046;2 V 0240r- C= 240r-® to Acting Secretary W N W Cl) r v ww W J� �N f t�3 a,cixr, C� TitU of �$alvra, ����icL�izsLtts �_ J VZO of 'Aypca1 F.I�11.\'4 ' wl�unM v. n000Tr AMEGM. GOVLCER DFCTSTON ON PFTTTTON OF SALEM ACRES , TNC . , TO FPF,CT A JOGEPN P. GOVIE STNGLF FnMTT,Y T)WFT.;,TN(, ON LOT -"280 HARTFORD STRFFT. JOHN M. GRAV, SR. ' ARTMU(i LAGREGOVE • a Petitioner through Counselor George P. Val.li.s appealed to the Board of Appeals for a variance to permit the erecting of a single family dwel - ling on Lot 12RO Hartford Ptreet ; ,plan showed a fifteen foot rear vard instead of a thirty-foot rear yard as required by the City Zoning Ord- inance. A hearing was held on this appeal. on April. 27 , 1970, pursuant to notices mailed postpaid to the petiti_oner, -^ounsel.or, Vallis , abutters , hoard mem- bers , and others , and advertisements puhlished in the Salem Fvening News . All board members excepting Mr. Gray and Mr. Doyle were present at this hearing. Counselor Vallis appeared and explained the case the same as in the orig- i.n.al appeal on file ; the proposed locus abuts a small nndersi.ze lot in the rear; this lot is presently the property of the City of Fnlem and the Swi.ti.oner has been attempting to purchase said land from the City; he urther stated that all other requirements of the Ordinance would he met. No one appeared in opposition. After a careful study of the facts presented in this case , the Board voted unanimously to vary the application of the Zoning Ordinance inasmuch as the members believed that a literal interpretation would result in hard- ship to the petitioner, and further felt that to grant this petition would in no way derogate from the intent and purpose of the Ordinance , and would cause no detriment to the public good . BOARD OF APPALS APJI AL CRANTED AS REQUESTED. / ti 't . Secretary LU Crc C.5 Li an LL; N _T w W C7 � U \ ofazlem, � �zsttcl��zse #s a� , " £ Pottrb of cAPPral FFF WILLIAM F. ARROTT ,AMEO „. ROULOER DECISION ON APPEAL OF HARRIETT. SNOW FOR A SPECIAL osEP„ .. oo.LE PERMIT TO ALLOW INSTALLATION OF A SWIMMING POOL o„„ M. eR 6Rr AT 25 Highland street . RT„VR LAERECOVE ”' . In accordance with the City of Salem Zoning Ordinance , the Inspector of Buildings refused to issue a permit to install a swimming pool at this location, as the Ordinance states that such installation in this City may he permitted only by obtaining a permit from the Board of Appeals , and petitioner must request a Special Permit for such a structure. A heari-nr was held on this appeal on March 30, 1970, pursuant to notices mailed postpaid to the petitioner, abutters, bdard members, and others , and advertisements published in the Salem Evening News. All Board members excepting Mr. Doyle were present at this hearing. After a careful study of all of the facts presented in this case , the Board voted unanimously to grant a Special- Permit to install a swi-mmin,,- pool at this location , in accordance with Section VTI, Paragraph "J” of he City Zoning Ordinance, on the condition that all other State and City requirements and regulations are complied with. s SPECIAL. PERMIT GRANTED TO INSTALL SWIMMING POOL BOARD OF APPEALS BY 0"hgA"^•i 7�_ ( C Ct y . .Acting Secretary S in vi U uW W .J J V �y i � �- PnttrD of Ap ml Jrec„nuneon”. JAMESH F. ULGER DECISION ON PETITION OF MILDRED AND JAMES WEIR TO J/,IA[5 H. OOULGER JOSEPH P. DOYLE ESTABLISH AND MAINTAIN A GIFT AND STATIONERY STORE JOHN M. GnAY, SR. AT 40 HIGHLAND AVENUE. ARTHUR LAORELOUE EMERY P. TANGH J. NORMAN WELCH, in. The Inspector of Buildings advised petitioners that it would be necessary for him to refuse to issue a permit to alter the premises' at 40 Highland Avenue by filling in and converting a patio area to establish and maintain a gift and stationery shop, as, such use is not permitted by the City Zoning Ordinance for this district, and further advised that sufficient parking spaces must be provided for such use as required by the Ordinance. Petitioners appealed to the Board of Appeals and a hearing was held on this petition on December 21, 1970, pursuant to notices mailed postpaid to the petitioners, abutters, Board members, and others, and advertisements published in the Salem Evening News advising of this hearing. Board 'inembers present were Mr. Abbott, Mr. Labrecque, Mr. Tanch and Mr. Welch; unable to attend were members Mr. Gray, Mr. Doyle, and Mr. Boulger. •a ^etitioners appeared and stated they proposed to conduct this business to pplement their income to enable them to provide college educations for their five children; they further stated it would improve the property in their opinion, and make it easy to finance it. No one appeared in opposition. After a thorough study of the facts presented at this hearing, the Board found that the proposed use would mt .derogate from the intent of the Ordinance and the additional income would relieve hardship to the peti- tioner, and for these reasons granted the appeal as requested. APPEAL GRANTED. BOARD OF APPEAL BY • Act ' g Secretary •6 'SSVW 'W3lt+S / 33IJ30 S,'a'': 310 A113 +♦ 01. WV ao 6 0E 330 03AI3338 J � Y Y n , �FcFI vr Chi# of !2;zYCezn, ly pu _ � I 45 AH '70 Poarb of •\i�^._':moo WLLAM r. n.GG.YITY JAMG9 „. GGULGER SALEM MASS. JG6ER„ .. GGYIf DECISION ON PETITION OF SALEM. HOSPITAL FOR SPECIAL PERMIT AND VARIANCE TO CONSTRUCTA 13-STORY ADDITIONAL HOSPITAL BUILDING JOHN M. GRAY, 9R. ARf„�R LAORFG... WITH PENTHOUSE FOR ELEVATOR AND MACHINERY EQUIPMENT, ADDITION TO EXISTING BOILER HOUSE, MISCELLANEOUS ALTERATIONS TO EXIST- ING BUILDINGS, SITE WORK, INCLUDING ROADWAY'S, PARKING AREA, AND INSTALLATION FOR UTILITIES ON PARCEL OF LAND LOCATED AT #51-81 HIGHLAND AVENUE INCLUSIVE, SALEM, MASSACHUSETTS, AND FROM POWDER HOUSE LANE TO GREENWAY ROAD, AND FROM HIGHLAND AVENUE TO LANDS OF THE CITY OF SALEM. The Inspector of Buildings has withheld issuing building permits for the construction and alteration of above buildings for the reason that , al- though this area has been used by the Hospital for general hospital pur- poses of a nonconforming use in an R-1 District , construction of new build- ings in this area and the proposed type of and nearness to Southeast boun- dary line of Children' s Hospital would be contrary to the Zoning Ordinance .' the City of Sale4u. The Petitioner therefore , applied to the Board of .Appeals to vary the terms of the Zoning By-Laws and for a special permit under Section 5 B Fs which applies especially to Salem Hospital , and Section 9 D to permit the con- struction of the above buildings in addition to its present hospital build- ings at said location. A hearing was held on this Petition on March 30, 1970, pursuant to notices mailed postpaid to the Petitioner, the abutters , the Board Members , and others , and advertised and published in the Salem Evening News . All Board Members excepting Mr. Doyle were present at this hearing. The . Petitioner was represented by Attorney James E. Farley. Also present were Charles Andrias , President of the Board of Trustees of ' Salem Hospital , Stephen J. Connelly, Trustee and Chairman of the Building Committee of Salem Hospital , • and Robert DeVies , architect , of the firm of Markus & Nocka , Inc . f PAGE -2- A communication was received from the Board of Health of the City of Salem, which stated it had no objection to granting application of the Salem Hospi- to and that the new construction planned by the Hospital would supply a long overdue need. It appeared that the Salem Hospital is a charitable corporation, organized under the Laws of the Commonwealth of Massachusetts , that it operates a gen- eral hospital at the location involved in this Petition, that the original building was constructed and ready for use in 1917, and has been so used to- gether with many additions thereto at said location since then to the present time . The Hospital has a capacity of 274 beds , excluding bassinets . It has the facilities to give all the ancillary services that a general hospital should have , including a nursing school which has its own building with class- rooms and dormitory on the premises. Demands for hospital care have been in- steadily so that additional space for additional beds and improved h 9 ital facilities to meet the demands of the people in the area served by the Salem Hospital , is an absolute necessity. This necessity has been found to exist by Federal authorities , who have granted to the Salem Hospital the sum of $450,000.00 , the maximum amount permissible , to help defray costs of proposed additional building. The new 9-story addition, presently to be built, if this application be granted, will increase the number of hospital beds by 149 , 126 of which will be patient beds with an additional 16 reserved for intensive care patients , and 7 for coronary care . The new building will also house the pharmacy and pathology departments , and will also provide ex- pansion space x-pansion . space for surgery and radiology. The permit to build the additional four stories at a later date will permit providing for 'expected 'future needs . In 1959 , the Salem Hospital conveyed from its general area at this location, 2 . 65 acres of land to North Shore Children' s Hospital , with access rights fa• Highland Avenue . The North Shore Children' s Hospital was .constructed and is now operating at this location, and provides hospital care for chil- dren from the general Salem area. It is connected with the Salem Hospital by PAGE -S- an overhead passageway, and the Salem Hospital under special agreement , enders the followi�g services to the North Shore Children' s Hospital : 1 . Laboratory. 7 . Physical Therapy 2 . X-Ray 8 . Blood Bank 3 . Ope.rating. Room 9 . Anesthesia Administration 4 . Recovery Room 10. General supplies 5. Oxygen 11 . Dietary 6. Pharmacy 12. Laundry 13. Heating. Close proximity of the Salem Hospital to the North Shore Children' s Hospi- tal is necessary for the rendition of these services . On this general lo- cation, there is also a medical center building, occupied by approximately thirty doctors , who are members of the staff of Salem Hospital , and are , o-wtefor the most part , specialists . Buildings of the Hospital presently lo- w ted d on Highland Avenue , are occupied by interns and other employees of the .Salem Hospital. Leaving out the area .conveyed to North Shore Children' s Hospital , the site of the Salem Hospital at said location, now contains approximately 26. 4 acres of land. It has a frontage on Highland Avenue of approximately 1300 feet . To the Northeast of Powder House Lane , which borders the Hospital area on the Northeast , are lands of the City of Salem, on which is located . the Salem High School . On the Southeast areunoccupiedlands of several acres owned by the City of Salem and in the custody of the Park Department . With the exception of the present buildings of the ,Salem Hospital and the North Shore Children' s Hospital , the proposed new buildings are not near- er than 400 feet to any other building, and they are isolated from them by the nature of the terrain. Ofter due consideration, the Board unanimously voted to grant the Special Permit as applied for and variances from the terms of Salem By-Laws and PAGE -4- orders the Building Inspector to approve the application for building per- is to construct the aforesaid buildings for the reasons that : 1 . The City of Salem and the Community served by the Salem Hospital are in need of the increased facilities which would be made available by the new construction applied for. 2 . Not to be able to construct the additional buildings applied for would impose great hardship on the applicant , Salem Hospital , and would make it difficult for the Hospital to provide adequate hospital services to the Salem community. 3. The proposed additions will permit improvements in service to the North Shore Children' s Hospital , the needs of which are also growing, which is also necessary to the community. 4. Said proposed building will derogate in no way from the use or value of adjoining properties . Granting of such application will. not nullify or substantially dero- gate from the intent and purposes of the Zoning Ordinance , but will be in harmony with the general purposes of the Ordinance . 6 . The construction of the planned new buildings and use of the land as applied for will substantially serve the public convenience and wel- fare and will not impair the status of the area . SPECIAL PERMIT AND VARIANCES APPLIED FOR GRANTED. o w .. to �•. n BOARD OF APPEALS U- co BY Acting Secretary � r d U r - l Cfl\IIIIL 11 r y of ''^`akm aassnrhefts ourb of 'lFpul WILLIAM F, A000TT UOULGE. DECISION ON PETITION OF HIGHLAND BUSINESS TRUST JO:.E!'li F. OOYLE JU„.' M. GRAY, 5A, FOR A SPECIAL PERMIT TO CONSTRUCT AN AUTOMOBILE AF"HIJFl L',...F.000E SALES AND SERVICE ESTABLISHMENT ON A PORTION OF EI.,L rrY F. TAwcl+ LAND AT 323-353 HIGHLAND AVENUE J. mumm�m wELcr,, vrr. Petitioner appealed directly to the; Board of Appeals for a Special Permit to erect a structure to be occupied by an automobile sales and service es- tabl.i,shment , in accordance with Section V, Par.. B. , Sub-paragrapi- 6, B-2 Districts - Highway Business. .4 hearing was held on this petition on September 21, 1970, pursuant to notices mailed postpaid to the petitioner, abutters, board members, and others , and advertisements published in the Salem Evening News . Attending thishearing were Board Members John Gray, William Abbott , Emery Tanch, and Arthur Labrecque , and members unable to be present were J. Norman Welch, Jr. , Joseph F. Doyle , and James Boulger. Counselor George Vallis appeared for petitioner, and explained the case the same as in the original appeal on file; the proposed use would conform with resent existing uses in the vicinity; the intended occupant of the build- is presently located on Highland Avenue in a similar B-2 zone . No one appeared in opposition. In viewing the facts presented in this case, the Board found that this ap- peal was properly before them as the City Zoning Ordinance authorizes the Appeals Board to grant a Special Permit for such use in the B-29 Highway Business, districts and voted unanimously to grant this petition. BOARD OF APPEALS SPECIAL PERMIT GRANTED - JLVL � T Act. Secretary " ® us U c.- m..Ln M Sty Q c: _ - w w � r- LJ U� V of narb nz c�Ypral AM1, F. Door, PFCTSTON, ON PFTTTTnN OF MAJOII R"AT.TY TRT?cT TO RFNOVATE THP. FTRST FLOOR AT 1 HAWTHORNF BOTTT.E?'ART) TO PaC?r�TnpT - �o�EP" FOUR APARTMENTS ON TI-IF FTRRT FT OOR, FOTIr APARTMRNTB `.1" BRAY. eA. ON THP SECOND FLOOR, ANT) AN OFFTC:F ON TH" THTRD PT.00R. sn111a ..uc The Tnsoertor of Rui .ldi "rs refused to -issue a permit, to a1 +Pr the nromisps at 1 Hawthorne BonlPVard to provide P.i ,r;ht apartments on thn first and. sec- and floors and. offices on the third fl.onr as this is znued R-2 , for two family residences , and these are not permitted ,ises for this district in the Citv 7onin,m Ordinance . Petitioner appealed to the Hoard of Appeals, and a hearinn was held onthis anneal on Apri.l. ?'? , 1.9?0, pnrsnant to notices mailo.d postpaid to tho nr+{ _ t.i.oner, ahutters , hoard memhers , and others , and adverti.semonts prhlished in the Salem Evenin;* News . All Roar,! members -exceptint- Mr. Grav and Mr. Doyle were present at this hearing. Mr. P . M. Kumpf, trustee of peti_ti_onor compare, appeared and oxnlai.nP.d the case the same as in the original appeal on file . Crntnselor Farley, repvesertinf, Mrs . Donovan , the present owner of the pr, p- ^ty, appeared in favor of ,-ranting .this appeal . Counselor Douglas H. T-Talev appeared to regi-ster onnosit.ion fnr his client , Salem lintel_ (,nrporation , (Hotel Hawthorne ) ; who felt that their parkin? areas wnu.ld he adversely affected . After a carefiil. strndv of the facts presented in this case , the Board found that the lot is an undersized lot , the existi.nr; structure rests on tHP boim- dary lines of three sides of the int , it is presently nonconformi.n,� with the density rP7ni.rements of the Citv Zoni.n- Ordinance with re?ard to area , re- quired setbacks , covera,me of all bui.l.di_n.e,s on the lot , and further fnund there are no parkin!; fnci.liti ^s and the proposed alterations would require approximately fifteen or sixteen spaces; the Board found no evidence of hardship, and for these reasons voted unani.;r;ously to deny this appeal . o w APPrAT, Phi TFC BOARD OF APPrAT.S S � BY / Act . ) U,; Sor.retarp (� - `J c_J w W J J �N a I— Q � f..1 fit of �jfvjn, 4 fli f DFCT,STnN ON PETITTON OF DT PTAST- REALTY TRTV;'T< TH-j T,%TqTAT,T, A SWTMMTNTr. ponT. ON H`PRTTA(,F T)RTAfT-'. r:� ;� .,AMB, M. BOULGBR < 3, Counselor George P. Valli-s on behalf of DiRiase Realty Trust Tppe�led to the Board of Appeals for a speci.n.1 permit to construct a swi.mXrtnmponl, for the recrentinn and relaxation of the occupants of apartment hi,iildings owned by petitioner on Heritage Drive . - A hearing was held on this appeal on Apri.1 27 , 1-970 , niirsiinnt to notices mailed postpaid to the petitioner, Counselor Vallis , abutters , hoard mem- hers , and others , and advertisements published in the. Salem Fvenin,* News . All Board members excepting Mr. Cray and Mr. Doyle were present at this hearing. Counselor Vallis appeared for the petitioner and stated the case the same as in the original appeal on file ; this is a direct appeal to the Board for a Special. Permit for the erection of a swimming pool in accordance with Section VTT Paragraph J of the City Zoning Ordinance ; Mr. Vallis fur- ther stated that all other requirements of state and municipal- re!-Illn- tions will he observed. Mrs. Lessard of 31 Hillside Avenue appeared in opposition to granting this special permit . After a thorough review of the facts presented in this case , the Board found that in accordance with Section VII, Paragraph J, of the City Zon-ing Ordinance, pertaining specifically to Special Permit requirement, for in- stallation of swimming pools , authority for issuing such permit rests only with the Board of Appeals; and further found that a swimming pool on the premises would be of great convenience to occupants of the many apartment buildings at this locus , and voted unanimously to grant a Special Permit to the petitioner for such installatlion with the following conditions : 1 . The pool shall be open only during the hours from 10:00 A .M. to 8 : 00 P .M. 1 2 . The pool shall he supervised during the hours it is open. 3. A stockade fence , six feet in height shall be erected around lot 1'4-All shown on plan submitted as 'Locus of the pool . It . Use of the pool- shall be . restricted to dwellers of Colonial Apartments . . 5. Pool shall be constructed in accordance with n1_1 municipal and state regulations . SPFCTAI, PEPMTT GRANTED WITH CONT)TTTONS. BOARD OF APPrALS BY Act ._) Secretary R 9T ;;r; z: RECEIVED %Tito of "S,2illem, FSS82it liSP'�ta 3 45 PH '70 Paurb of ral �cumr.nr Y CLE WILLIAM P ARRCITho OFFICE I, $ALEM, MhLSjsION ON PETITION OF DI BIASE REALTY TRUST FOR VAR- JAMES H. EOULGER IANCE FROM APPLICATION OF CITY ZONING ORDINANCE WITH JOSEPH P. OOYLE REGARD TO REAR YARD SETBACK REQUIREMENT AFFECTING JOHN M. GRAY, ,S ARTHUR LARRECGUE APARTMENT BUILDING. EMERY P. TANCH J. NORMAN WELCH, JR. The petitioner, DiBiase Realty Trust , through its Attorney, George P. Vallis , appealed directly to the Board of Appeals from the provisions of the Zoning Ordinance as it affects the location of a 27-unit apartment dwelling situated at 10 Heritage Drive . A hearing was held on this petition on September, 21, 1970, pursuant to notice; mailed to the petitioner, its Attorney , abutters , board members, and others, and advertisements were duly published in the Salem Evening News . Attending the meeting were Board Members , John Gray, William Abbott , Arthur Labrecque and Associate Member, Emery Tanch, Jr. ; members unable to be pres- ent were James Boulger, Joseph F. Doyle and Associate member J. Norman Welch, Jr. Mr. Vallis appeared for the petitioner and explained that the location of the 10uilding as constructed met all the requirements of the Zoning Ordinance unde he R-3 zone with the exception of the requirement of a 30-foot rear yard setback. It was pointed out that the northeasterly corner of the building was 19 feet from the rear boundary line or 11 feet less than required by the Ordinance . The reason for the violation was the result of an error in the construction of the foundation due to the peculiar topography and shape of the parcel of land. It was explained that the terrain; at the rear yard line consisted of ledge and heavy vegetation, and that the location of the nearest dwelling house , owned by Miss Eleanor McElroy, was over IOU feet distant from the rear boundary line and that the rear boundary line was not even visible to Miss McElroy from her home . Attorney Samuel Adams , representing Miss McElroy, appeared in opposition and stated that repeated trespasses and the continued blasting of ledge had caused damage to his client ' s property. Mr. and Mrs. Robert Cunningham also recorded their opposition giving no reasons. It appears that they are not abutters to the lot in question. The Board took the matter under advisement and requested that the petitioner prepare plot plans showing petitioner' s land and that of Miss McElroy with exact measurements. Such a plan was delivered to the Board. After studying the facts presented in this case , :the Board found a substan- tial hardship to the petitioner existed and that although it was argued by -r. Adams that the hardship was due to the petitioner' s error or negligence t was felt by the Board that the granting of the variance would be of ben- efit to the public interest as a strict enforcement of the ordinance could require the demolition of a corner portion of the building which is presently i 2 - *c upied by tenants . The Board further found that in granting the variance diminution in the value of surrounding properties will be suffered and tat denial of the variance will result in unnecessary hardship to the owner ""seeking it . In view of the type of terrain and shape of the parcel , the Board felt that the variance was of small consequence and that the rigid requirements of setback lines in this case could be relaxed in view of the fact that it would not result in any adverse effects or in any way be detri- mental to the abutters or other surrounding properties. It appeared to this Board. that the objection raised by the opponents was not so much the violation of the ordinance as it was the actual existence of the apartment building and the blasting of ledge . A strict enforcement of the Zoning Ordinance would not in the Board' s opinion, remove the opponents ' basic complaint which appears to be the building itself. The Board by unan- itnous decision voted to grant this variance as requested. VARIANCE GRANTED BOARD OF APPEALS BY gid » e Acting Secretary g ` • Yss'°z V-r Y19 c' O s � (IT of 't, lem, ;P <. uttx� of � ettl c7 C/! rn WILLIAM F. ADOOTT DECISION ON PETITION OF RALPH F. SALVO TO ERECT �tc`SINGLEo JAMES ". BOULDER FAMILY DWELLING ON LOTr'. m JOSEPH F. DOYLE #109 INTERNALE ROAD m W JOHN M. GRAY, SR. - ARTHUR LARRECCUE 'i' C) .� EMERY P. TANCH V -ID J. NORMAN WELCH, JR. n �E m The Inspector of Buildings refused to issue a permit to erect a single family dwelling at Lot #109 Intervale Road as the sketch submitted with the application showed a lot with insufficient area and- 'insufficient j lot width. Petitioner, through Counselor John R. Serafini, appealed to the Board of Appeals for a variance from the applicable requirements of the City . Zon ing Ordinance with regard to lot area and frontage, and a hearing was held on this appeal on September 23, 1970, pursuant to notices mailed postpaid to the petitioner, his attorney, board members, abutters, and others, and advertisements published in the Salem Evening News. Present at the hearing were Board Members Arthur. Labrecque, Emery Tanch, John M. Gray, and William F. Abbott ; unable to attend were members James Boulger, Joseph Doyle, and J. Norman Welch, Jr. Counselor Serafini appeared and explained the case; petitioner proposes to construct a dwelling house on Lot 109 as shown on the plan; said lot con- tains 5000 square feet and the proposed structure would be within the side and rear lot setback requirements ; the frontage is 50 feet wide and the Ordinance requires a 60-foot frontage ; the area of the lot is 5000 square feet and a 7000 square foot area is required for this district. Mr. and Mrs. Austin of 9 Intervale Road appeared at this hearing and stated they would have no objection to the erection of this building if the ten- foot side yard requirement were met . No one appeared in opposition., After a study of the facts and plot plan presented in this case, the Board found that if the petitioner were not allowed to build on this lot of land it would impose a hardship as the lot could not be utilized for any other purpose, and further found that many gf• the houses existing in the area are on lots of 5000 square feet or less with a frontage of 50 feet or some with less frontage , and for these reasons voted unanimously. to. grant this variance as requested. BOARD OF APPEALS VARIANCE GRANTED AS REQUESTED 1 +. Act. Secretary e 5 � cnvvy�. Ctv of 'SMlBn'� gasSi Tr4IsEtts r ottrb of vd JrFCJMNE.*T'� WILLIAIM P. ABBOTT DECISION ON PETITION OF RALPH F. SALVO FOR A VARIANCE JAMES,H. BOULDER FROM THE DENSITY REQUIREMENT OF THE CITY ZONING ORDIN- JOSEPN F. DOYLE JOHN M. GRAY, SR. ANCE AFFECTING LOT AREA AT LOT #110 INTERVALE ROAD, ARTHUR LABREOOUE WITH REGARD TO COMPLETING CONSTRUCTION OF A SINGLE EMERY P. TANG" NORMAN WELCH, JR. FAMILY DWELLING. J.' I , Pursuant to a hearing duly advertised in accordance with the requirements of the Law, the above Petition was heard on October 28, 1970, in the City Council Chambers . The matter was presented by John R. Serafini, Esquire , representing the petitioner, Ralph F. Salvo. Board members present at this hearing were William F. Abbott , John M. Gray, James J. Boulger, Arthur Labrecque , and Emery P. Tanch; unable to attend were members Joseph F. Doyle and J. Norman Welch, Jr. -It appeared from the records that this appeal had been filed pursuant to a suggestion by the Board at a prior hearing in which they granted a vari- ance for Lot #109 Intervale Road. It was pointed out that in granting the variance for Lot #109 , Lot #110 became:�a non-conforming lot , and since it had a dwelling house already on it, it was the suggestion that a variance She sought for Lot #110. IThe matter was thoroughly discussed and it 'was noted that the plan of Lot #110 showed a proposed dwelling house , which house violated setback re- quirements in. one insitance, and in another instance that the Lot had only - 585u square feet as against the required 7uu0 square feet . ' It was noted that Lots in this area averaged approximately 5000 to 5500 square feet, that the lot was sufficient in all other respects, and that II the dwelling house was almost completely constructed. It was the unanimous decision of the Board that it would be a hardship to ithe Petitioner if this variance were not granted allowing him permission i . . , to maintain the existing building and to utilize the area Lot #110 �for the construction of a single family dwelling house. The Board voted unalimously to grant this appeal. BOARD OF APPEALS APPEALAWTED., BY lJb a wi Acting Secretary�� w o v3 > N. vY " I - I.JJ cr) _f= W . . Cr o Va Y4n .oGuaonti 4, s ECF n C�Lit r of �ziertt, cl�u p k3� j 3 51 PM '70 �Bnttrb of �Apyjeal 1`•'7 uFFICjF CISION ON PETITION OF HENRY E. CORBIN REQUESTING JAMES H. RGULGER m F. AoeoFSTA�CN� MASS. VARIANCE FROM APPLICABLE DENSITY REQUIREMENTS OF ADAMES JOSEPH F. GOVLE CITY ZONING ORDINANCE AFFECTING EXISTING STRUCTURES JOHN M. GRAY. SH. AT 225, 229, 231 JEFFERSON AVENUE AND PROPOSED ARTEMERY LTANC14 UE DWELLING IN REAR OF SAME WITH FRONTAGE ON WHEATLAND EMERV V. TANCH J. NORMAN WELCH, JR. STREET. Petitioner appealed to the Board of Appeals for a variance from the appl'ica- ble requirements of the City Zoning Ordinance with regard to existing struc- tures on lots A, B, AND C as shown on plan submitted, and proposed structure on Lot D of said plan, being numbered 225, 229, 231 Jefferson Avenue and land in rear of same fronting on Wheatland Street. A hearing was held on this appeal on September 21, 1970, pursuant to notices . mailed postpaid to the petitioner, abutters, board members , and others, and advertisements published in the Salem Evening News advising of this hearing. Board members present included Mr. Abbott , Mr. Gray, Mr. Labrecque and Mr. Tanch; unable to attend were Mr. Boulger, Mr. Doyle, and Mr. Welch. Counselor J. Andrew Foisy appeared for the petitioner, and explained the case the same as in the original appeal on file; executors wish to settle 0' e estate of Victor Corbin but are unable- to dispose of his real estate -cause existing lot lines divide the structure on Lot B in half. The plan shows that Lot A has insufficient area , inadequate lot frontage, and front , side and rear setbacks do not conform to the Zoning Ordinance ; Lot B fails to conform in lot area and lot frontage , also front and side yard setbacks; Lot C is nonconforming with regard to lot area and front, side , and rear yard setbacks; Lot D on which proposed dwelling will be 'erected does not conform with regard to lot area, frontage , and depth of front and side yards.. i No one appeared in opposition. A careful study of the plan and facts presented at this hearing by the . Mem- bers present revealed that these structures had been existing many years prior to adoption of Subdivision Control Laws and the Zoning Ordinance for the City of Salem; the house on Lot A was standing on the original lot when purchased in 1897; on Lot B the house was built in 1910, partly on the orig- inal lot and partly on land purchased in 1910; the other two structures were erected in 1910 and 1928 respectively. The Board found that to grant this appeal would relieve hardship to the pew titioner, and further found that granting this appeal for variance would in no way derogate from the intent and purpose of the Ordinance and would not be detrimental to the public good, and for these reasons,- voted unanimously to grant this appeal as requested. PEAL GRANTED - BOARD OP' APPEALS lie BY Kn_-,� Act . 5ocretary s� D=SION ON AP ' '.L Or ARTiI( R PCUSSAiID TO INSTAL ?_ Sls*T I . ILUAn E. 1+11ii INM G POOLcid, 7 J_•�`. - - — � ��a :TFE Rso�� AVE,:ui: 10^-._Pa V. COOL[ - - GRFY. $R: TnNCH - -; Wi;LCII. JR. - hearing was 'held on this appeal on September 23, 1970 at which Board Mem- ger Emery Tanch, Arthur Labr:ecqu.e, John M. Gray, andWilliam F. Abbott- present ; Board Me.nbers Norman Welch, James Boulder and Joseph Doyle er • unable to attend. This appeal -e-,as presented in accordance with the regulations of the City Zoning Ordinance,, Section V-B-1 e, .and Section e ?io ice- of this hearing i,as n, cd, a ri,e petitioner, abutters,. board..mem- - ers , and others, and advcrtis ...c .ts advising of the hearing were cublished in the ' Salem Evening News . Mrs ., P-hilip Michaud' Sb Sumner Road " ' an' abutter, ^.o'i" ed the Board she had no objection to the installation of this pool . The Board members have the facts presontedto the meeting together with the plod plan and literature o_.-x the proposed pool and are of the opinion that the Special Permit for i ii.c t application is made is in harmony frith the purpose and intent of the Crd:inance and should be granted. f v anim.cus vote the Board 3 therefore voted to grant a special permit .i insa,ali and. maintain a 'SS *::..1_32 7001 as I^,Q,�ested, subject to he ="'ol- 1 o w 111',._^'., 1 . Use of pool shall cease at 10 . Ct: 2. Pool shall be constructed and maw tained in ac cor2 _ ce L•li th the Gene hal Laws of the CommGnweaith. of �gass- _j_ setts , applicable to S pools ,- and the .rules .a_3 regulations of the City of Salem Building Code,, Bc of Health, Electr :cal B-.3partment , Police Depo tnel• and Zoning Ordinance . iil. . - Pool shall be 'surrounded c C_ yes wi t;1 a pe 40 - .. _r;n, i'Ja1± or fence at least lou, iLe; z:1; the : fence `n r have a locking device end a cics -:; 'devige , so :s Gra keep the gate shut at all times ; a mini-mum of 'one la'(1 �. . 1w der, .stair, ledge ,or standup arca; not over ti_rec` feet _ ' below water surface shall be provided for each ei ty-. lvJ - five feet of perimeter; fc:ace shall have only on- pl:en. � . ing, three feet maximum width. 4 . Pool shall be constructed of materials which wi'_1 . vide .a structurally sound and tight tank wi'ch surfaces that a.re ea. 3ily cleaned. A7 - - 2 D",C7 SION O;: POUSS �Rn AP P ' TNG POOL (cont , d N • 7e - `reto shall b C i y permit has been. . Gig- . , _ec. ,. c '' JC.. ,. ., Q_ BL! i3ir_gs . � ' CIAL r ! C P% D H OO; D Ti C2dS - BOARD Or APPEALS $ BY FJ (Act . $a retar. a L 09 T VU LLa Lfd R l�n6pTT O CITY CLERK 7, 6.70 nnan[s n. .a r�alLCCn JO'F.PH F. OOYL2 DECISION ON PETITION OF MILDRED CAPUTI TO ALTER io:va ». cnnv, sr+. r.nTnU, Lni:m:ceuC PREMISES AT 15-17 KOSCIUSKO STREET TO PROVIDE LMrnY P. '^^'"+ TWO FOUR-ROOM APARTMENTS ON EACH OF THREE FLOORS. ,. NORIAAN ."C., ,n. The Inspector of Buildings refused to issue a permit to alter the prem- ises at 15-17 Kosciusko Street to provide six apartments because of the City 'Zoning Ordinance which requires a lot area of 3500 square feet for each dwelling unit in this district , and further requires one and one- half parking spaces for each unit , a frontage of 60 feet is required, :. and the Ordinance permits a max.imurn lot coverage by all buildings of 35%. The area is zoned P.-2 , for two-family residences. Petitioner appealed to the Board of Appeals acid a hearing was held on this appeal on June 29 , 1970, pursuant to notices mailed postpaid to the petitioner, abutters, board members, and others, and advertisements published in the Salem Evening Nexis . . All Board members were present at, this hearing, excepting Mr. Doyle who was unable to attend. Counselor Richard Daly appeared for the petitioner and explained the case the same as in the original petition on file. Mr. Soboczinski of 40 Daniels Street, A abutter, appeared in opposition to granting this appeal . After a careful study of the facts presented and a further study of the plot plan presented the Board found that the building is of wood construc- tion, the entire lot area contains 2850 square feet , and ,p-rovides no park- ing spaces, and for these reasons , voted, unanimously , to deny this appeal. 'BOARD OF APPEALS APPEAL DENIED. BY Act. ) Secretary <� ig U t 1�asar4ue£'ffi`s jn, I .J r CITY C:_:.r, .7 "iCr '.•::�unM r-N-..J.uo d'n -:Q S7 LLE:1»:: HA J . M= ". DECISION ON PETITION OF XENNETH GELPEY TO fIEMODEL " SINGLE FAMILY DWELLING AT 146 LAFAYETTE STREET TO "" "' `"" PROVIDE ADDITIONAL APARTMENT tFrTH VF In FJ:,CCCVI ' The Inspector of Buildings refused to issue a permit to remodel the struc- ti2re referred to above to provide an additional apartment as the lot Of land on which the structure stands contains 2873 square feet arra t'r:c- City Ordinance requires a lot area of 12,000 square feet in this district ; ;`ha Ordinance further requires a twenty foot distance from side boundary lines, thirty feet from the rear boundary, and fifteen feet from the front Boundary line ; The Ordinance permits maximum lot coverage by all buildi.16�s of ')5n; and further requires one and one-half parking spaces for each apartment . ""he plans submitted to the Building Inspector showed that the existing ling was five feet from one side boundary and four feet from the other sine ; the front yard on the north side was ten feet from the boundary and on the south side , eight feet , also, the building presently covers 55�,, of the Aot area ; with regard to providing parking spaces, the Ordinance stipulates "To park a car in front of the building, m area within five feet of the street line including any driveway, shall be considered as a parkin;; space:'" , �',elpey appealed to the Board of Appeals claiming financial hardship. A nearing was held on this appeal on December 29, 1969, pursuant to no' bees mailed postpaid to the petitioner, his Counselor, abutters , Board Members, and others , and advertisements published in The Salem Evening News . J All Board. Members , excepting Mr. Doyle who was unable to attend , were pres- ent. at this hearing. Counselor William Donaldson appeared for the petitioner and explained the case ; Mr. Gelpey appeared in his own behalf. Mr. 'Raymond Bouchard, 277 Lafayette Street , and Mr. Castonguay owner of abutting property at 150 Lafayette Street , appeared to be recorded as op- posed, to granting this appeal. AT:'}er careful consideration, the Board voted to request that the Counselor of the petitioner provide information with regard to the cost of the prop- erty, the mortgage , and the income. Counselor Donaldson provided this information, received by the Roard on January 12, 1970; The property had been purchased in June of 1969 for $20,000 .00; a mortgage in the amount of $26, 000.00 had been ob ;;tined ; pe- titioner had expended $6,000.00 on the property, providing new heating system, new bath, plumbing, etc . ; the first floor is now rented for $185 .0k. m�r, c} this :communication becomes part of the permanent records of this TL.eently enacte State Legislation, effective November 27, 1.9699 .;e,, ` "The decision f 6he board shall be made within sixty days after the d „ate r+ the filing f an appeal , application or petition" . This appeal was ed Novembert19 , 1969, thus the sixty-day limitation period woul,? e_.- re on Janua ry., 18, 1970; the next regularly scheduled meeting of the Board is to be held on January 269 1970; in view of this fact , and mind- ful that if no action were taken within the sixty day period the ;g;p • :l would be granted by default , Board Members were contacted by telephony, and asked how they wished to be recorded, in favor or opposed, to ;'rant:•. ing this appeal . Of the five members contacted the following voted. (,o deny this appeal , .finding no hardship financial or otherwise involved, and further finding that granting this appeal would be detrimental to ti ! public good and would seriously derogate from the intent and purpose cf the Ordinance , Mr. John M. Gray, Chairman of the Board, Mr. William. Abbott , Acting Secretary of the Board , and Mr. James J . Boulger, Sr. , and Mr. Arthur Labrecque. The regular Secretary of the Board, Mr. Joseph F. Doyle, Sr. , voted in favor of granting this appeal . APPEAL DENIED BOARD OF APPS"ALS. BYi'- Acting Secretary � U .y r; ii. iN � Q N 't c[ u N •� Y � r Tlitv of REC �qoarb of 'Appral 21 Ffa 19 2 46 FEBRUARY 19, 1970 CITY C :: , - ';r'FICE SALEM, NAS S DECISION ON PETITION OF KENNETH AND MARION GELPEY TO REIVOPET, THE BUILDING AT 146 LAFAYETTE STREET. Meeting Held January 26, 1970 at which four Board members were present , . including Mr. Gray, Mr. Abbott, Mr. Boulger and Mr. Tanch ; Mr. Doyle, Mr. Labrecque and Mr. Welch were unable to be present. At this meeting, it was unanimously voted to reconsider the decision filed with the City Clerk on January 15, 1970 regarding the Gelpey appeal. it appeared to the Board that a mistake had been made in denying this peti- tion because the 'Board was under the impression that the petitioneT's had violated the Law in making certain repairs on the premises without a valid permit . An inspection of the official records however, disclosed that a permit had been duly granted. After due consideration, it was unanimously voted to allow the original appeal and order a permit to be issued as requested. I letter from Attorney William H. K. Donaldson for the petitioners , da- 4 0"d January 26 , 1970, was read into the record and is incorporated here- in reference. The letter is on file in the Board of Appeals files. After due consideration, the Board voted unanimously to revoke the decis- ion on file as of January 15., 1970, substituting the following The petition now before the Board is granted for the following reasons: 1 . Hardship. 2 . Granting appeal will not derogate from the intent and purpose of the Ordinance. 3. Granting the appeal will cause no detriment to thepublicgood . APPEAL GRANTED BOARDOFAPPEALS BY Secretary D Ci L Z7 rr M _, iT7 .CbOF4,V r^ .. DECISION ON PETITION OF ROBERTO G. TASSINARI t�i6 o A WILLIAM F. A860TT MARTIN L. CHAPUT TO CONDUCT DENTISTRY OFFICES �At JAMES H. DOULGER 156 - 158 LAFAYETTE STREET " JOSEPH F. OOYLE m JOHN M. GRAY, SR. ARTHUR LADRECOUE The petitioners, Dr. Roberto G. Tassinari and Dr. Martin L. EMERY P. TANCH Chaput, through their Attorney, George P. Vallis , appealed J. NORMAN WELCH. JR. directly to the Board of Appeals from the provisions of the Zoning Ordinance as it affects the use of property situated at 156-158 Lafa- yette Street. A hearing was held on this petition on October 28, 1970, pursuant to notices mailed to the petitioners , their attorney, abutters, Board members, and others, and advertisements published in the Salem Evening News. Board Members John Gray, William Abbott, James Boulger, Arthur Labrecque and Associate Member Emery Tanch were present at the hearing; members Joseph F. Doyle and associate J. Norman Welch, Jr, were unable to attend. Mr. Vallis appeared for the petitioners who were also present, and explained that the petitioners are both practicing dentists in this City and sought permission to conduct their dentistry offices on the premises in question. It was pointed out that the building was situated in an R-3 Zone, Multi-fam- ily ultifam- ily residential, located between two B-1 zones wherein said use is permitted. Te property is in immediate proximity to properties of business use. It was explained that Dr. Tassinari ' s present office is located in the Urban Renewal Area , the building owned by the Salem Redevelopment Authority, and slated for demolition in the early spring of 1971, and that Dr. Tassinari until he purchased the building on June 29, 1970, had searched for several months for a suitable location to relocate his office.. Mr. Vallis pointed out that the proposed use of the property would not re- sult in any diminution in the value of surrounding properties, and would in face enhance their value in view of the fact that extensive improvements would be made to the property, and the proposed use would further provide a public service and benefit the public interest. Counselor Vallis who also represents the Salem Redevelopment Authority, stated that the Authority wished to be recorded in favor of the petition, as did Ward 5 Councillor, Jean Levesque, and an abutter, Robert Roy. A letter from Mr. and Mrs. Albin Rbchna, also abutters, stating they had no objection to this appeal was read to the meeting. No one appeared in op- position. After studying the facts presented in this case, the Board found that a denial of the petition will result in unnecessary hardship to the petitioners, and further found that to grant the petition would in no way derogate from the intent and purpose of the Ordinance and would cause no detriment to the blic good for the reasons stated above by the Counsel for the petitioners. C 2 - The Board by unanimous decision voted to grant a Special Permit on the fol- wing conditions : 1 . That the professional offices to be installed in this building be for petitioners ' use only. 2. That the owners of the building provide the required parking, else- where than on the street. SPECIAL PERMIT GRANTED WITH CONDITIONS. BOARD OF APPEALS BY Q - %, Acting cretary -i c� H-G D C� L 77 r-r- rn M m. c- a- = rn >• o < n� o m -n A '•Vq m .o • .i i �C,Op'Ill t1 � - t• �w y AT Citg of "Salem fflassnrhuutts f r v % S � uttr� of Pttl rrJ:GLNM1g1Jr. DECISION ON PETITION OF BUILDING ENTERPRISES, INC . , FOR A VARIANCE FROM APPLICABLE REQUIREMENTS OF THE CITY ZONING WILLIAM P. ABBOTT ORDINANCE TO PERMIT USE OF LAND AT REAR OF 245 . LAFAYETTE JAMES H. BOULGER JOSEPH R. OOYLE STREET FOR ADDITIONAL PARKING SPACE IN CONNECTION WITH THE JOHN M. GRAY, SR, CONSTRUCTION OFj AN APARTMENT HOUSE. ARTHUR LABRECOUE EMERY P. TANCH' J. NORMAN WELCH, JR. Petitioner through its attorney, George P. Vallis , appealed directly to the Board of Appeals from the application of the City Zoning Ordinance to use a certain parcel of land situated at .the rear of 245 Laf- ayette Street for use permitted in R-3 districts. A plan showing the land was submitted to the board. ! Said parcel contains 4030 square feet of land and is located in two districts , namely R-3 and R=2. It was requested by the petitioner that it be p,'ermitted to make use of the more restricted por- tioniof the parcel for the purposes of parking, as though it were located in an R-3 zone . A hearing was held on thisipetiti.on on October 28, 197u, pursuant to notices mailed to the petitioner, its attorney , abutters , Board members, and others , and advertisements were duly published in the Salem Evening News. Attending the meeting werelBoard members John M. Gray, William F. Abbott , `Arthur. E. Labrecque , James J. Boulger, and Associate member Emery P. .Tanch; . members unable to be present were Joseph F. Doyle and Associate member T Norman Welch, Jr. Ir: Vallis pointed out that the hardship resulted from the zoning line as established which prevented the owner from achieving the maximum use of his -land. It was further explained that additional parking was required as a result of increased use of landscaping for adjacent parcel on which an apartment building was being, constructed, and in which the land in question was being incorporated. j Mrs. Orsa Konos and herison William Konos of 8 Summit Avenue who are abut- ters appeared at the hearing and although speaking in favor of the petition, expressed their concernIIfor drainage and the erection of a fence to protect their property. No one appeared in opposition. i jAfter studying the facts presented in this case , the Board found that the variancewas of small consequence and that the requirements of the zoning lordinance could be relaxed in view of the fact that 'it would--not result` 'in any adverse effects or in any way be detrimental to the abutters or J_other surrounding properties . The Board by unanimous) decision voted to grant this"variance on the condi- tions that the petitioner erect a six foot closed fence at the rear of his property, and installisuitable drains and a bumper curbing to prevent sur- face water runoff onto abutting prpperties . SSVN N3'iVS All BOARD OF APPEALS a EAL GRANTED WITH CiONDITIONS. 01 WJ Fh C 'r�oRActing Secretary" • S� d � f Puarb of �qjyt l WIL IAM JAESHR, DECISION ON PETITION OF BUILDING ENTERPRISES, INC. ', JAMES H. BOULDER JOSEPH R. DOYLE FOR VARIANCE TO PERMIT OCCUPANCY IN BASEMENT AT JOHN M, GRAY, SR. ARTHUR LAaRECOUE 245-247 LAFAYETTE STREET FOR OFFICES. EMERY P. TANCH J. NORMAN WELCH, JR. By direct appeal through Counselor GeorgeP. Vallis, petitioner appealed to the Board of Appeals for a variance to permit occupancy in the base- ment area of 245-247 Lafayette Street for two offices. A hearing was held on this appeal on September 23, 1970, following no- tices mailed postpaid to the petitioner, his counsel, board members , abutters , and others , and notice of said hearing having been published in two successive weeks in the Salem Evening News. Board members John Gray, William Abbott , Arthur Labrecque and Emery Tanch were present at the hearing; Joseph F. Doyle, James Boulger and Norman Welch were unable to attend. Counselor Vallis appeared for the petitioner and explained the case the ame as in the original appeal on file ; his client who is owner of the i Onwremises is presently constructing a 24-unit apartment building at this location and requests a variance to permit basement occupancy by two of- fices, suggesting however that if said variance is granted, that a condi- tion be added that its use shall exclude the practice of dentistry. Dr. Winer, Mrs. Edward Cecelski, Mrs. O'Neill and Councillor Jean Levesque appeared at the hearing in favor of granting this appeal. No one appeared in opposition. The Board found that this structure is being erected in an R-3 district , zoned for multi family dwelling units, and further found that the Zoning Ordinance makes no provision for professional offices in this district , and there is no hardship involved to petitioner, and for these reasons voted to- deny this appeal, the vote being Mr. Gray and Mr. Labrecque in favor of granting this variance and Mr. Abbott and Mr. Tanch opposed to granting a variance. BOARD OF APPEALS APPEALND �/ ZviAct. Secretary �. L. to LJ .t,. y,N H H O U r m 4 : 29.70 m DECTSTON ON PETTTTON OF G, &. A . REALTY TRTTST TO TIS_;.` F TR4 '."" Ga°v' PARCFT, OF LAND AT 2115-2117 T,AFAYF,TTF, STREET FOR TIS�cPF16TTG) TFD TN R-3 DTSTRTCT. V n 3 M -y m o Petitioner, through Counselor (;eorge P. Vallis , appealed to the Board of Appeals for a variance from the application of the City Zoni.n? Ordinance to nse the entire parcel of land located at 2115-247 Lafayette Street for use permitted in R-3 districts , multi-family dwellings . The lot area contains 24 , 000 square feet of which 3400 square feet extends into an R-2 district , zoned for two-family residences . A hearing was held on this appeal on April 1 , 1970 , pursuant to notices mailed postpaid to the peti_ti.oner, Counselor Va].li.s , abutters , board mem- bers , and others , and advertisements published in the Salem Evening News . Al.l. Board members excepting Mr. Welch and Mr. Doy-le were present at this hearing. Connselor Vallis appeared for the petitioner and explained the case the same as the original appeal on file ; the variance is requested so that the titi.oner may make use of the more restricted porti.nn of the parcel of Ind which contains 3400 square feet as thou h it were located in an R-3 zone ; of the 211 ,000 square foot l.ot , 20, 600 snnare feet are present.l.v 1.6- rated in an R-3 district , zoned for multi-fnmil}- dwelling nse . Appear .nr; -in. opposition to this appeal were Mrs . Dushel. ski , Mr. and Mrs . , Winer, and Richard Winer. After a careful study of the facts presented in this case , the Board found that to permit the nse of the entire parcel of land for a use permitted by the Ordinance of the City of Salem relating to the larger portion of the lot , world in no way derogate from the intent and purpose of the Ordinance and would in no wav he detrimental to the ' publ.i.c good , and fiirther fnnnd all- other llother 7,nni.ng regulations would he observed, there wnnld be no violation of lot lines with regard to the density regni_rements of the Ordinance , and for these reasons voted nnani.mousl.y to grant the variance as regnested . VART.ANCI, GRANTED AS REQUESTED . BOARD OF APPEALS py S� of �' 1Em, tt � zzsP## r, i i:• n> Tr�._;f� �sa�rD of ��pettl WILLIAM F. ABBOTT ,AME' H. BOULDER DECISION ON PETITION OF PHILIP G. VENER TO CONVERT JOSEPH F. DOYLE 9 JOHN M. DRAY, SR. THREE-APARTMENT BUILDING AT 262 LAFAYETTE STREET TO ARTHUR LABRECOUE PROVIDE SIX APARTMENTS. EMERY P. TANCH J, NORMAN WELCH, JR. The Inspector of Buildings refused to issue a permit to alter the prem- ises at 262 Lafayette Street to provide six apartments because of the City Zoning Ordinance which requires a lot area of 12,000 square feet with a minimum lot frontage of 100 feet, fifteen-foot setback from front and street corner boundaries, ten foot side boundary, and fur- ther requires one and one half parking spaces for each dwelling unit. Petitioner appealed to the Board of Appeals and a hearing was held on this appeal on June 29, 1970, pursuant to notices mailed postpaid to the petitioner, abutters , board members, and others, and advertisements published in the Salem Evening News. All Board members were present at this hearing, excepting Mr. Doyle who was unable to attend. Petitioner appeared and explained the case the same as in the original appeal on file. Counselor William Tracy and Mr. Harold Perkins, both abutters, appeared to voice opposition to granting this appeal. After a thorough study of the facts presented in this case, the Board found that there is no hardship involved, and further determined and found that the building is of wood construction on a lot of land con- taining 7285 i square feet and for these reasons voted to deny tbi.s appeal with Members Gray, Abbott , Boulger and Welch opposed to granting a variance, Member Tanch in favor of granting a variance , and Member Labrecque not voting. BOARD OF APPEALS APPEAL DENIED BY ( Act . Secretary ` r �o (gifu of alem, sttc zzse z� , I Poarb of DECISION ON PETITION OF GERALD BAIZEN, TR. , RONNIE REALTY WILLIAM F. AomrT TRUST FOR SPECIAL PERMIT TO CONSTRUCT 12-UNIT MULTI-FAM- 11, rum LC En ILY DWELLING AT 323 LAFAYETTE STREET. JOSEPH F. ooYLL 10N11 M, pRAY, SR. ARTHUR LAUnE000E EMERY F. TANC'N J. NORMAN WELCH, JR. The Inspector of Buildings refused to issue a permit to erect a structure to house twelve apartments at this location as the City Zoning Ordinance designates this as an R-2 district , zoned for two-family residences. The Ordinance further stipulates that the Board of Appeals may grant a Special Permit for multi-family dwellings in this district but not to exceed four families, and requires 3500 ' square feet of lot area for each dwelling unit . Petitioner appealed to the Board of Appeals for a variance from the density requirements and side-line requirements of the Ordinance , and a hearing was held on this appeal on September '21, 1970, pursuant to notices mailed post- paid to the petitioner, his attorney, abutters, board members, and others, and advertisements published in the Salem Evening News advising of this hearing. Board members Mr. Abbott , Mr. Gray, Mr. Labrecque and Mr. Tanch were present *. this hearing, Mr. Boulger, Mr. Doyle and Mr. Welch being unable to attend. Counselor John R. Serafini appeared and explained the case the same as in the original petition on file. In opposition to granting this petition were Richard Daley, James Neary and Frances Portelance, all abutters . After a careful study of the facts and plans submitted, the Board found that the entire lot area comprises 15.3301 square feet and a structure housing twelve dwelling units would require an area of 42,000 square feet ; the lot does not contain sufficient land for twelve units, there is no hardship involved, and for these reasons, voted unanimously to grant pe- titioner Leave to. Withdraw. BOARD OF APPEALS LEAVE TO WITHDRAW BY Acta Secretary o w 7— U, - LL.N Ln Y LL W J Or m CJ-4 N >_Ln � I- �j t� L,a,�„rti (situ of "'Mem, �. �3oarb of cAppeal ��SJ�1` F4F J'LPfl4 �)1 WILLIAM P. ABBOTT TO CITY CLERK 7.6-70 JAMES M. ROULGER JOSEPH F. OOYLE JOHN M. GRAY, SR. DECISION ON APPEAL OF NAUMKEAG TRUST COMPANY TO ERECT ARTRUN LTNCH EMERY TA RY P. TNCH A ONE,-STORY DRIVE-IN BANK AT THE CORNER OF LAFAYETTE EME J. NORMAN WELCH, JR. STREET AND LORING AVENUE. The Inspector of Buildings refused to issue a permit to erect a structure at the corner of Lafayette Street and Loring Avenue to be occupied for banking business as this district is zoned R-2, for two-family dwellings. Petitioner appealed to the Board of Appeals to vary the application of the City Zoning Ordinance and a hearing was held on this appeal on June . 29, 1970. All Board members, excepting Mr. Doyle, were present at this hearing. Counselor Timothy Davern of the law offices of William B. Welch appeared with Mr'. Harold G. Macomber, president of the Naumkeag Trust Company. Ward V Councillor Jean Levesque was present to record his approval to grant- ing this petition. Counselor Davern explained the case to the hearing. Appearing in opposition Alice Mahoney, an abutter, at 101 Linden Street , . tid Counselor Timothy J. O'Keefe representing George and Doris Ewanchew so owners of abutting property. There was considerable testimony given and various plans, photographs, . renderings, and the like were presented for the Board' s examination and evaluation. As a result of the foregoing, the Board, in reaching its decision, took. into consideration all the factors involved -including: a . The prior use of a significant portion of the locus as a non-conform- ing use as a gasoline station and store. b. The present deteriorated condition of thd- area which, in large part, had become a public refuse disposal, another portion of which was occupied by a dilapidated building ( just recently razed by petitioner) and which in general, had become an "eye-sore" to the neighborhood. C. The scheduled taking by the Salem Redevelopment Authority of the Peti- tioner' s existing Branch Bank on Central Street. d. The decor and type of structure envisioned by the Petitioner, with its attendant landscaping and parking facilities which would tend to beau- tify the area and eliminate traffic congestion. The rather peculiar size and shape of the locus and its location eith- er contiguous to other properties which are presently zoned for busi- ness,or such non-residential purposes as tourist homes, real estate, law and dental offices, apartment houses and the like. h d ( Z ) f. The special conditions affecting the specific locus because of its size , shape , location and condition which make it distinct and different from other parcels in the same zoning district, and which would make strict compliance with same a severe hardship to the Petitioner. g. The general benefit accorded to the total area by the elimination of the present unsightly condition by the erection of an attractively laid out building and properly landscaped area as shown on the plans (with its anticipated attendant increase in taxable value ) , all of which can be accomplished without harm to the general public and without derog- ating from the intent and purpose of the Zoning-By-Laws. h. The agreement by the Petitioner that the right of way shown on the plans submitted with the petition and leading from locus to Linden Street will not be used for access to or egress from said locus by any customers using the proposed facilities, while any abutters have rights of way therein. For these reasons, the Board, all Members present voting, voted unanimously to grant this appeal with the condition that- The Petitioner will not permit its customers to use the right of way shown on plans submitted with Petition and leading from locus to Linden Street for access to an • egress from its proposed facilities while any abutters have rights of way therein. BOARD OF APPEALS APPEAL GRANTED WITH CONDITION. BY y•. �� C T Act. Secretary Cray of TIEm, �i$S�CCI��ASP 1 ir,r .s15varb of tAppeal DECISION ON PETITION OF ARTHUR W. TETREAULT, TO ERECT SINGLE- WILLIAM F. ABBOTT FAMILY DWELLING ON LOT #32 LAURENT ROAD, AND REQUESTING VAR- JAMES H. BOULDER IANCE FROM DENSITY REQUIREMENTS OF CITY ZONING ORDINANCE WITH JOSEPH F. OOYLE JOHN M. OKAY, SR. REGARD TO LOT AREA AND DISTANCE TO REAR YARD BOUNDARY LINE. ARTHUR LAORECOUE EMERY P. TANCH J. NORMAN WELCH, JR. The Inspector of Buildings refused to issue a permit to erect a proposed single family dwelling on Lot #32 Laurent Road as the plot plan submitted shows insufficient lot area for the district and inadequate distance to rear boundary line. Petitioner appealed to the Board of Appeals and a hearing was held on this appeal on September 21, 1970, pursuant to notices mailed postpaid to the petitioner, abutters, board members, and others , and advertisements publish- ed in the Salem Evening News advising of this hearing. Board members present included Mr. Abbott, Mr. Gray, Mr. Labrecque and Mr. Tanch; unable to attend were members Mr. Boulger, Mr. Doyle, and Mr. Welch. Petitioner appeared and explained the case the same as in the original ap- peal on file ; the proposed structure was specifically designed for this lot which was subdivided before the present zoning, and will conform to � -he front and side yard requirements of the Zoning Ordinance. Appearing in favor of granting this appeal were Councillor Michael J. Ruane and Mr. Hector Marchand. No one appeared in opposition. After a careful study of the plans and facts presented at this hearing, the Board found that this is an isolated lot and the proposed dwelling will be in harmony with existing dwellings in the area, and further found that to grant this appeal would relieve hardship to the petitioner and would cause no detriment to the public good and would rot substantially derogate from the intent and purpose of the. Ordinance, and for these reasons voted unanimously to grant this appeal. BOARD OF APP,oEALS APPEAL GRANTED AS REQUESTED. BY �s Acct . Secretary U- u.l N G W O lJ�U J ti Yy MAR 13 12 48 PH '70 ,�,cmiut� CITY CLL , 1. S OFFICE �3 SALE "'hu of "Salem, 41asoac4uutts c oura of CAPPral DECISTON ON PETITION OF LORING HILLS ASSOCIATES FOR SPECIAL WILLIAM .. "Goo^ PERMIT TO CONSTRUCT A CONDOMINIUM, "UNIT " #1 ON LAND OF THE AAMGG w. Goin... PETITIONER SITUATED OFF LORING AVENUE ON A PROPOSED ACCESS 1...vH r. oOIL. pow"-M. ..y. ... ROAD AS SHOWN ON SITE PLAN DATED 11 . 5.69, APPROVED BY THE ."TMl1N �.oaGooGe PLANNING BOARD ON 12. 15.69. A hearing was held on this appeal on January 26, 1970 at 6: 45 P.M. pursu- ant to notices mailed postpaid to the petitioner, petitioner' s counsel, board members, abutters, and others, and advertisements published in the Salem Evening News. Board Members present were Mr. Tanch , Mr. Boulger, Mr. Gray and Mr. Abbott; unable to attend were members Mr. Doyle, Mr. Labrecque and Mr. Welch. Petitioner was represented by John R. Serafini, attorney with offices at '126 Washington Street , Salem, Massachusetts. The attorney pointed out that the area in question was located in an R-3 or multi-family zone, and that among the uses permitted by Special Permit in an R-3 zone under the City of Salem Zoning Ordinance was a use permitting construction of "condo- - miniums" . i1"he attorney went on to explain that condominiums were permitted in Massa- chusetts by reason of an act of the legislature which act prescribed the Wal and technical steps under which condominiums could be constructed. s act had been incorporated into the City of Salem Zoning Ordinance , under a special section as follows: Section V "USE REGULATIONS" , Paragraph B, Subparagraph "g" "Condominiums (new only) providing they comply with all applicable provis- ions in this ordinance for multiple-family dwellings and also complying with all applicable provisions of Section 183-A, as amended to date , of the Massachusetts General Laws" . It was further pointed out that there is a need for this type of construc- tion, also, the adaptability of the location to this type of construction, which permits individual ownership of dwellings which are attached or part of a single building. The Board after considering all of the facts presented , found that to grant a Special Permit in this case would not in any way derogate from the Zoning Ordinance which contemplated and provided for the construction of condomin- iums, and voted unanimously to grant the petitioner, said Loring Hills Asso- ciates, a Special Permit to construct a single structure , referred to here- inbefore as "Unit #1" on Lot #1 as shown on petitioner' s plan, dated 12 . 22. 69, and presented to this Board, as a continuous building containing thir- ty-six dwelling units. BOARD OFXA PF,AI,S 0?CIAL PERMIT GRANTED BY . ^2 (Acti.ng SecreY.arv� Cl) �"O''bill ::j CD (fit II ctlEllt� � �T$$2IL LI$E $ `J m 3- t curb of �ppeul N DECISION ON APPEAL OF ARNOLD GOLOV TO USE PREM S-a o 1 W,LLIA" ,. ARROTT SHOWN ON PLAN AS LOTS 10, 11, 12, 13 LOPING AV�TQq F.� JAMEE ". ROVLOER FOR A FUNERAL HOME. m m JOEEP" F. OOYLE "" M. ORAY. ER. Petitioner appealed to the Board of Appeals through his at- ARTHUR I.AOR600VE tornev, ,Toho R. Serafini , for a Special Permit to use the premises on Loring Avenue and Tedesco Road, shown on plan submitted as Lots 10, 11 , 12 and 13 for the purpose of conducting a funeral home. Pursuant to notices of hearing mailed postpaid to the petitioner, abutters, Board Members, and others , and advertisements published in the Salem Even- ing News, a hearing was held on this appeal in the Council Chambers of City Hall, on January 26, 1970. Board members present included Mr. Boulger, Mr. Gray, Mr. Tanch and Mr. Ab- bott; Mr. Labrecque , Mr. Doyle and Mr. Welch were unable to be present. At the hearing evidence was introduced by the Petitioner to the effect that the land in question was zoned for Highway Business (B-2 ) ; that in a B-2 zone all special permit uses permitted in R-2 zones are permitted by Spec- ial Permit ; that a use permitted in an R-2 zone by reason of a special per- mit is that of a funeral home , and therefore this use can be permitted by special permit . The Petitioner further presented evidence that the 1 ocation is suitable ?r the proposed use, that the immediate area is essentially commercial a nature ; that there are ample parking facilities, and that the use would not in any way derogate from the intent of the Zoning Ordinance which con- templates such use in this district. Appearing in opposition to granting this appeal, Counselor John T. Laskar- is for the Colonial Rental Service , Inc . , 163 Lafayette Street ; communi- cations ommunications from the Hymanson Funeral Home, 117 North Common Street , Lynn, and Harvey Litman, Public Accountant, were received, read into the record, and placed on file, registering o position to granting this permit in behalf of the Colonial Rental Service , Inc. which provides livery service to the Hymanson Funeral Home and others, and it was felt that this additional funeral home might affect this business. The Board considered said matter thoroughly, and found as facts that the . area in question was zoned B-2 for Highway Business, that all Special Per- mit uses in R-2 zones were permitted in B-2 zones by Special Permits.; that the area in question was essentially commercial comprising activities usu- ally found in shopping center areas; that the granting of the special per- mits for the use of property as a funeral home in B-2 zones was contem- plated by the Zoning Ordinance. The Board unanimously voted to grant a Special Permit to permit the use of Lots 10-11-12-13 Loring Avenue on the plan as outlined above for the pur- pose of a funeral home . SPECIAL PERMIT GRANTED BOARD OF APPEALS BYO (Acting Secretary THE COMMONWEALTH OF MASSACHUSETTS i 5......A T, F M . ...... ............................................................. � CITY OR TOWN BOARD OF APPEALS ................FFRRUARY z5-t............19 70 NOTICE OF VARIANCE Conditional or Limited Variance or Special Permit (General Laws Chapter 40A, Section 18 as amended) Notice is hereby given that a Conditional or Limited Variance or Special Permit has been granted To.......A RXQU.-cgt.Ov ' - Owner or Petitioner Address----UT5•... T, }•,--.12-,-- ]_l and 10 T.ORTNG AVENUE & TF.DF,SCO ROAD • . . . . . ........................................... City or Town..........S A LF,M:...MASS. .............................................--.............................................-.......... ----------------S-O-T-S- ...and...Z2..CORING--AVFNiJF......•.--....-............-......-...•.-.-.. Identify Land Affected ........ SAT.FM,• MASS . ....... .......................................................................•.•...--.. ........--........ City by the-TFown of.............. SAT,FM. MASS. Board of Appeals affecting the - - --------------------------- - rights of the owner with respect to the use of premises on. --_...1:9-RT�jG -AVENUE .AND TF,DRSCO ROAD SALF,M. .. . ........... ' Hereat - City or Town , the record title standing in the name of ..--.--_............................ ........--........•..............------.........-----------------.......------..................................... whose address is.- StreetCitY or Towu ..........................S.•tat---e-------•--- by a deed duly recorded in the.......... SSEX .County Registry of Deeds in Book ---------------- Page................. --.........--.......................................Registry District of the Land Court Certificate No................. ................Book ................Page................ The decision of said Board is on file with the papers in Decision or Case No....................... City in the office of the Town-Clerk...........AUGjJ.S.TTNF.-.tL..._.MON1........•........-..-•--•-••----------------- Signedthis............day of................................................196 Board of Appeals: ............ .... . n - ..Chairman Board f py al v .--........ _ -1.:. . ......... z_ Ac t.A Clerk IIoord of Appeal. ...............................................-19........ at--------------o'clock and................................minutes ....M. Received and entered with the Register of Deeds in the County of.......................................... Book........................ Page........................ ATTEST ............................................................................ Register of Deeds Notice to be recorded by Land Owner. •ORM 1094 HOBBS & WARREN. INC., REVIaRO CHAPTER 212.1962 a��vci�i irn,4 'WitV of RECFIVFO oarb of Appal OCT 23 10 os AM '70 rvuvcM` �P�` DECISION OF BOARD OF APPEALS ON APPEAJCITf ,T1 PR P�,R�O TST_ONS wi a inM P. �ReoTT OF G. L. CH. 40A, SEC . 13 , OF CORING HILL�Q Qgi TRUST, JAMES BOULDER 568 LORING AVENUE, SALEM, MASS. , ON WHICH ASAL HEARING JOSEPH F. YLE WAS HELD ON OCTOBER 1 JOHN M. GRAY, $R. f, 1970 , COMMENCING 7 :00 P.M. IN THE ARTHUR CARRECOOE COUNCIL CHAMBER, CITY HALL, SALEM. . EMERY P. TANCH J. NORMAN WELCH, JR. Members present were Chairman John M. Gray, Sr. , and Board Members William F. Abbott , Emery P . Tanch, and J. Norman Welch, Jr. Members absent were Joseph F. Doyle , Sr. , Arthur E. Labrecque and James J. Boulger, Sr. ' This is an appeal under the. provisions of General Law, Chapter 40A, Section - 13 , by Loring Hills Associates Trust claiming to be aggreived by decision of the Inspector of Buildings in issuing a building permit on August 21 , 1970, for a funeral home . "1111N`<>tice of hearing was published in the Salem Evening News on September 28, 1970 , and October 5, 1970; and notices of said hearing were sent to the pe- titioner, abutters , board members and others , all as provided by Law. There were present John Rimer and Herman Brettman and their counsel Israel Ooch on behalf of the appellants ; and Attorney Bertram Glovsky on behalf r the holder of the building permit which is the subject of this appeal . Attorney Bloch informed the Board of Appeals of various respects in which -it is claimed that the issuance of the building permit was not proper. -'-'This Board, following a public hearing at which there is no record of any objection on the part .of the present appellants , by its decision filed with the City Clerk on February 25, 1970, authorized the use as a funeral home of land included within lots 10, 11 , 12 , and 13, on Loring Avenue and Vinnin Street in Salem. Attorney Glovsky informe�the Board that his clients have leased sufficient land included within these lots 10, 11 , 12 and 13, to comply in all respects with zoning requirements , and that new plans have been prepared and filed with the Building Inspector showing the entire lots numbered 10 , 11, 12 , and 13, and showing more than any required width or frontage on Vinnin Street , and showing also additional available parking area . Attorney Glovsky stated that it was his intention to surrender to the Build- ing Inspector the present building permit ; that he has either already made application or will make application to the Building Inspector for the is- suance of a new permit for the same structure based on the new plan filed with him which shows more than sufficient area , width, or frontage , and parking facilities , all of which are within the area comprising lots 10 11 , and 13 under lease to his clients , and this is to take care of the com- aints of the petitioner even though, in its opinion, such complaints were ndt substantial . ii 2 . have now been advised that the building permit dated August 21 , 1970 ich is the subject of this appeal has been surrendered and is no longer outstanding. Accordingly, the permit of August 21, 1970 which is the subject matter of the hearing before us , having been terminated by its surrender, is no long- er an issue . It is our decision therefore that the matter of the present appeal from the previous action of the Building Inspector in issuing the permit on August 21 , 1970 , has become moot , and. that no further decision is required. ��8/1/�a�Y6vs S GvY! Acting Secretary for CITY OF SALEM BOARD OF APPEALS a LU �- C.3 UJ N to Q Lu C=) U UJ cc: N • , i d' c'J UQ rN O � i i j y Y ro• ♦SCO\'111T2 Titu of 'Salem' Aassar4usetts .1 L1AM E. ABBOTT DECISION ON PETITION OF ROBERT E. WARNER FOR VARIANCE JAMES 14. BOULDER FROM APPLICABLE DENSITY REQUIREMENTS OF THE CITY OF JOSEPHM. GRAY. .^.R.Y`E JOHN M. GRASALEM ZONING ORDINANCE AFFECTING EXISTING DWELLINGS ARIHUR LADRE000E AT 37-39 MASON STREET. EMERY P. TANCH J. NORMAN WELCH. JR. Petitioner through Counselor John R. Serafini appealed to the Board o Appeals for a variance from the applicable density requirements of the City Zoning Ordinance affecting existing structures at 37-39 Mason Street which had been purchased as one parcel. A hearing was held on this appeal on December 21, 1970, pursuant to notices mailed postpaid to the petitioner, his attorney, board members, abutters, and others and advertisements published in the Salem Evening News advising of this hearing. Counselor Serafini appeared for the petitioner and stated the rase; his client had purchased this property as one parcel, and wishes to transfer #37 Mason Street and #39 Mason Street separately; both buildings have existed on this lot of land for well over fifty years; due to a new Zoning Ordinance adopted in 1965 variances are required from the appli- cable density requirements of said Ordinance affecting lot area , lot 0idth and front and side yard setbacks. Board members present at this hearing were Mr. Tanch, Mr. Labrecque, Mr. Abbott and Mr. Welch; member unable to attend were Mr. Gray, Mr,Doyle, and Mr. Boulger. 1 it No one appeared in opposition. The Board found on the basis of evidence that there had been no altera- tions, extensions or additions since the adoption of the zoning ordinance, and that the area remained substantially the same prior to the adoption of the ordinance in 1965, and further found as a fact that the proposed division of the lot and the transfer of the separate parcels would still leave each lot with an area large enough to be compatible with the dwel- ling house. The Board therefore unanimously voted to grant the variances requested so as to permit the transfer of numbers 37 and 39 Mason Street as sepa- rate parcels. APPEAL GRANTED AS REQUESTED. BOARD OF APPEALS, BY SSVW 'W3lV$ Acting Sev cr e;Try 3�Idd0 $J'�r!11:1 Alla Ol. WV EO 6 0E 330 03M]03a �.00]Ulf Ctu of JrJCl�11M1F.\*rC WILLIAM F. ABBOTT TO CITY CLERK 7.6.70 JAMES H. BOULDER JOSEPH F. DOME JOHN M. DRAY, BR. ARTHUR LABRECO UE DECISION ON PETITION OF A. S. BURG COMPANY TO ERECT EMERY P. TANCH ADDITION TO EXISTING BUILDING AT 53 MASON STREET. J. NORMAN WELCH, JR. The Inspector of Buildings refused to issue a permit to erect an addition to an existing structure at 53 Mason Street as plan submitted showed non- conformity with the City Zoning Ordinance with regard to lot coverage and side and rear yard setbacks. Petitioner appealed to the Board of .Appeals and a hearing was held on this petition on June 29 , 1970, pursuant to notices mailed postpaid to the pe- titioner, abutters, board members, and others, . and advertisements published in the Salem Evening News. All Board members were presentlat this hearing, excepting Mr. Doyle who was unable to attend. Representatives of the petitioning company, Mr. Jules Shack and Mr. Eliot Addelman appeared for the petitioner and explained the case, the same as �n the original appeal on file. It was determined that the area is zoned for Industry, adjacent properties are used for industrial, or manufactur- ing purposes , and construction of the proposed addition would not sub- stantially derogate from the intent and purpose of the Zoning Ordinance. It was further determined that ample parking existed and would not be interferred with by the proposed construction. No one appeared in opposition to granting this appeal. After careful consideration of the facts presented in this appeal, the Board, all members present voting, voted unanimously to grant this appeal. APPEAL GRANTED BOARD OF APPEALS BY Act. Secretary " • f � Ti#u of "5alem, assar4usdts Peart of A"enl WILLIAM P. ADROTT DECISION ON PETITION OF LOUISE TONDREAULT, FOR A 9AMk§ H, eOUECER SPECIAL PERMIT TO INSTALL A SWIMMING POOL AT '46 JOSEPH F. ROYCE MEMORIAL DRIVE. JOHN M. GRAY, $R. ' ARTHUR LAORECOUE EMERY P. TANCH J. NORMAN WELCH, JR. Petitioner appealed directly to the Board of Appeals for a Special Permit to install a swimming pool at 46 Memorial Drive, in accordance with the City of Salem Zoning Ordinance, Section VII, Par. J, which requires a Special Permit be obtained before such installation, and also in accord- ance with the City Zoning Ordinance, such authority rests with the Board of Appeals. A hearing was held on this appeal on May 26, 19709 pursuant to notices mailed postpaid to the petitioner, abutters, board members, and others, and advertisements published in the Salem 'Evening News. All Board members were present at this hearing, excepting Mr. Doyle and Mr. Gray who were unable to attend. No one appeared in opposition to granting this appeal. *he Board voted unanimously to g ant Special Permit as requested, to allow installation of a Swimming Pool BOARD OF APPEALS SPECIAL PERMIT GRANTED AS REQUESTED. p B �- [�Cc Act. Secretary � v W N W Di x , • of "Salm, gassar4usjetts fnp,6Ml}F.,� WILLIAM F. A9ROTT JAMES H. BOULDER DECISION ON PETITION OF EDWARD J. BOREK 23 MOFFATT JOSEPH F, DOYLE 1 JOHN M. DRAY, RR. ROAD TO REBUILD ENCLOSED REAR STAIRWAY. ARTHUR LARRECOUE EMERY P. TANCH J, NORMAN WELCH, JR. The Inspector of Buildings refused to issue a permit to erect an addition - enlarging an enclosed rear stairway as the proposed addition would increase an existing non conformity with the density requirements of the City Zoning Ordinance ; the existing structure is seven feet from the side boundary line and rebuilding would decrease this distance to five feet . Petitioner appealed to the Board of Appeals for a variance from the- appli- cable Zoning requirements, and a hearing was held on this appeal on October 26, 1970, pursuant to notices mailed postpaid to the petitioner, board mem- bers , abutters , and others, and advertisements published in the Salem Even- ing News. Members present included William F. Abbott, Chairman John M. Gray, Sr. , Emery P. Tanch and J. Norman Welch, Jr. Members unable to attend were James J. Boulger, Sr. , Joseph F. Doyle , Sr. , and Arthur E. Labrecque. .etitioner appeared and explained the plan the same as in the original pe- tition on file. Additional space is needed to provide closet areas and storage room for his growing children, and increase the living area of the existing dwelling, a necessity for his family. No one appeared in opposition. After a thorough study of the facts and plans presented in this appeal, the Board found that to grant this petition would relieve an unnecessary condition of hardship to the petitioner and his family, and to grant the appeal would cause no detriment to the public good, and would in no way derogate from the intent and purpose of the Ordinance, and for these rea- sons voted unanimously to grant this appeal. BOARD OF APPEALS PETITION GRANTED BY � �C.�.G�s'Bs Acting Secretary -SSVW ;W31VS Olt NJ uy��13J3a _ Jt �J�p 'Co 11 ofS1em, I�zssttcxzsP#t� REC[1`41 ,vt r "` IIttrD of �Appeul JUL 33 �M DECISION ON APPLICATION OF CHARLES G. COLWELL AND WILLIAM R. ABBOTT ALBERT J . GALLANT FOR SPECIAL PERMIT FOR A SWIMMY&Y JAMES H. BOUicER POOL AT 5876o MOFFATT ROAD, IN ACCORDANCE WITH THE SALEM, MASS, JOSEPH E. DOYLE REGULATIONS OF THE CITY ZONING ORDINANCE, SECTION. JOHN M. GRAY, SR. ARTHUR LAOHECOUE V B 1-"e" AND SECTION VII J. ' EMERY P. TANCH J. NORMAN WELCH, JR. A hearing was held on this appeal on June 29 , 1970 at which all Board mem- bers , excepting Mr. Doyle , were present . The Board members have the facts presented to the meeting together with a plot plan showing location of existing pool, and are of the opinion that a special permit for which application is made is in harmony with the pur- pose and intent of the ordinance and should be granted. Record of this meeting, on file with all data furnished for this hearing. By unanimous vote , the Board has therefore voted to grant a special permit to maintain said existing pool as requested, subject to the following: CONDITIONS• 1 . Bona Fide effort made to minimize noise and lights in order to avoid disturbing privacy of neighbors . 2. Use of the pool shall cease at 10:00 P.M. 3 . Pool shall be constructed and maintained in accordance with' the General Laws of the Commonwealth of Massachusetts , appli- cable to swimming pools , and the rules and regulations of the City of Salem Building Code , Board of Health, Electrical De- partment , Police Department , and the Zoning Ordinance . 4 .. Pool shall be surrounded on all sides with a permanent wall or fence at feast four feet high; the fence shall have a locking device and a closing device so as to keep the gate shut at all times ; a minimum of one ladder, stair, ledge or standup area , not over three feet below water surface shall be provided for each seventy.:-five feet of perimeter; fence shall have only one opening, 3 feet maximum width. 5 . Pool shall be constructed of materials that will provide a structurally sound and tight tank with impervious surfaces that are easily cleaned. 6 . No swimming pool or appurtenances thereto shall be installed or altered until a building permit has been obtained from the inspector of buildings who may issue such permit 21 days from the date stamped on this decision in the office of the City Clerk. BOARD OF APPEALS SPECIAL PERMIT GRANTED WITH CONDITIONS . BY Act . Secretary -7 (ITt� J IIc��PritHM55�TClIBPSS z ourb of Apywl ....... TRRO 4 .9 . 7o JPMCB ". oOVLOER oBEP" '. DOYLE DFCTSTON ON PETTTI ON OF DE T.ULTS BROS. CONSTRUCTTON COMPANY , TNC . , TO ERECT A STNGLF FAMILY OWF,LLING AT ,RT"VR 1.n ECGVE LOT ; 25 MOONEY ROAD. Petitioner appealed to the -Board of Appeals for a variance from the appli- cation of the . City Zoning Ordinance with regard to density requirements for rear yard area ; petitioner' s plan showed that one end of the proposed structure would be twenty-three feet from the rear boundary line and the Ordinance requires a thirty foot distance . A hearing was held on this appeal on April 1 , 1.970 , pursuant to notices mailed postpaid to the petitioner, abutters , board members , and others , and advertisements published in the Salem Fven_ing News advising of this hearing. All Board members excepting Mr. Dovle and Mr. Velch were present at this hearing. Mr. Frank DeTulis ;appeared for the petitioner and explained the case the same as in the original appeal on file ; all requirements of the Ordinance 0�ill be met excepting the thirty-foot rear vard restriction ; one corner of the proposed dwelling will be twenty-three feet from the boundary Line . No one appeared in:.oppositi.on . After careful consideration of all of the facts presented in this case , the . Roard found that to grant a variance would in no way derogate from the intent and purpose of the ordinance and would in no wav be detrimental to the public good, and further found that to grant a variance would re- lieve hardship to the petitioner and enable him, to use his land for the use for which this district is zoned, single family dwellings , and for these reasons voted unanimously to grant the variance as requested . BOARD OF APPEALS VARIANCE GRANTED AS REQUESTED. BY (Actingg ) LSecretary C= w c _ Y . � U � V ' �L�I T LTA ` ct -ni �J�l af55cs�'�'jaull�v . ff DECISION ON PETITION OF SALEM PAINT COMPANY, TO BUILD nn°cTT AN ADDI'T`ION ON THE SIDE AND REAR OF AN EXISTING BUILD- mmr.: e. nouLa¢n J05CPLI 1. 00YLL ING AT 75 :NORTH. STREET. J011N M. GRAY. Sr, ARTHUR Ln11RCC000 EtIrIlY F. TMCH J. 146..nN WCLCII, Jn. - Petitioner appealed to the Board of Appeals to erect an addition to an existint building at 75 North Street to compensate for fire loss of two floor& of said building. A hearinn was 'held on this appeal on June 299 19709 pursuant to notices mailed postpaid to the petitioner, abutters, board members, and others, and advertisements published in the Salem Evening News. All Board members were present at this hearing, excepting Mr. Doyle who was unable to attend. Mr. Renzo Ippolito, proprietor of petitioning company, appeared and ex- plained the case the same as in t3aa original appeal on file; fire had destroyed the two top floors of his building and he needed the addition- al area to continue his volume of-business. •io one appeared in opposition. . The Ward Councilor, George F. McCabe, sub- mitted a written endorsement in favor of .granting this appeal . After a thorough study of the facts presented in this case, the Board found that the proposed additions would increase the lot coverage to almost 100% of the entire area ; the Zoning Ordinance limits lot cover- age in this district to 45%. Decision of the Board by unanimous vote 6f''all members present was to grant petitioner leave to withdraw without prejudice. LEAVE TO WITHDRAW WITHOUT PREJUDICE;' BOARD OF APPEALS c� 41 TAtSecr ,tary 1 LLi N' U!' n) J Q . N. r yat 1J n�vilti ,3 !�T RE C F V pt1 Tt J of "Salem, 'MassFTEhnuttS SEP Zd 10 21 AN '70 Pnarb of c�yyeal Ip'Gj pT wT.� CITY CLEIn','; OFFICE WILLIAM F. ABBOTTSALr-MMASS, JAMES H. BOULDER DECISION ON PETITION OF SALEM PAINT CO. , INC. , 75 JOSEPH F. DOYLE NORTH STREET TO ENLARGE EXISTING BUILDING. JOHN M. CRAY, SR. ARTHUR LABRECOUE EMERY P. TANCH J. NORMAN WELCH, JR, Petitioner appealed by direct appeal to the Board of Appeals for a variance from the applicable requirements of the City Zoning Ordinance , specifically affecting the construction of an addition to an existing .structure at 75 North Street. A hearing was held on this appeal on September 21, 19709 pursuant to notices mailed postpaid to the petitioner, his attorney, abutters, board members, and others, and advertisements published in the Salem Evening News, advising of this hearing. Board members present included Mr. Tanch, Mr. Labrecque, Mr. Gray, and Mr. Abbott; Board members unable to attend were Mr. Welch, Mr. Doyle , and Mr. Boulger. Counselor George McCabe appeared with the petitioner, Renzo Ippoliti owner of the business. The Counselor explained the case the same as in the orig- ial appeal onfile; petitioner' s building had suffered heavy fire damage nd the money received from the insurance settlement must be returned to the business before September 30 or the owner will. be taxed on the settle- ment amount; this is a small business employing four persons , and substan- tial hardship will result to the economy of the business unless the retail store addition .is allowed; the building will not be used for manufacturing purposes, solely as a retail store and office; a variance is required as this is an undersize lot for the district and to erect the proposed addi- tion would increase the nonconformity with respect to front, side and 'rear yard setback requirements of the City Zoning Ordinance; petitioner appeals for this variance to enable him to continue to conduct his business. No one appeared in opposition. After a careful study of the plans and facts presented in this case, the Board having in mind that the fire damage previously experienced by this petitioner had seriously curtailed his business, and finding this use an appropriate occupancy for this Industrial' district , and in harmony with other lot areas and buildings in the immediate vicinity, found that to grant this variance as sought would relieve a severe hardship to this pe- titioner, and further found that to grant the variance would cause no det- riment to the public good and would not substantially derogate from the in- tent and purpose of the Ordinance , and for these reasons, voted unanimously to grant this petition. BOARD "OF APPEALS OPEAL GRANTED. BY Act. Secretary " t•GO]LIT1 - y�� RErFIV-D VIA AUG 10 3 42 PH 70attxb of c3'Pett1 -- CITY S Fa D�4 _j: �fj PETITION OF SHELL OIL COMPANY, INC . , FOR wi uiAM P. AeeoTT ` j 'j, PERMIT TO ALLOW CONSTRUCTION OF AN AUTOMO- JAMES H. BOULGER BILE SERVICE STATION AT 111-113 NORTH STREET AFTER JOSEPH F, DOYLE JOHN M. GRAY, SR. DEMOLITION OF EXISTING SERVICE STATION AT SAID LOCATION. ARTHUR LABRECOUE EMERY P. TANCH J. NORMAN WELCH, JR. The Inspector of Buildings refused to issue a permit to construct a new service station at this location as the existing use is non conforming for this district , zoned B-1, Neighborhood business, and referred peti- tioning company to the Board of Appeals. The City Zoning Ordinance al- lows such a use in accordance with Section V-B-5 "Special Permit Uses, B-1 Districts" , when permission is obtained from the Board of Appeals. Hearing was held on this appeal pursuant to notices mailed postpaid to the petitioner, abutters , board members, and others, and advertisements published in the Salem Evening News. All Board members were present, excepting Mr. Doyle who was unable to at- tend. ,Counselor David T. Doyle appeared for petitioning company with Mr. Edward Gallagher of said company. Oppearing intopposition with the Ward Councillor George McCabe, were Mr. Yeannakopoulos, Mr. Ercha , Mr. and Mrs . Wm. Heffernan, Mr. James Godfrey, and Mr. and Mrs. Robert Nelson. The Board studied the facts presented by the petitioner and opponents, ' and it was the opinion of the Board that since a service station was pres- ently in existence at this location, that a Special Permit was warranted and would be in the best interests .of the community and the district ; it was the further opinion of the Board that the demolition of the present station and the construction of a new station of colonial design would promote the public health, safety, convenience, morals and the welfare of the inhabitants of the City. At a meeting of the Board held on July 27, 1970, it was unanimously voted to issue a Special Permit to Shell Oil Company, Inc . , to construct a gas- oline service station of colonial design in coxfformity with the service station building presently existing at the corner of 934 Massachusetts Avenue in Arlington, Massachusetts, as shown in photograph of same sub- mitted to this Board; the petitioner shall have the further obligation of the maintenance of the property to the rear line; the construction of the said building and the landscaping shall befin accordance with the new plans submitted by the petitioners to meet the objections of the neighbors, and which are further incorporated in a letter from the petitioners ' attor- ney, David T. Doyle, to the Board, dated July 16, 1970, and said plans Ind letter become an integral partorof this decision. . BOARD OF APPEALS SPECIAL PERMIT GRANTED AS REQUESTED. BY ( l�ff Fi, cv�i✓G L� � (Act. ) Secretary 3 j 'V 'r--AERU of Am, RE U S Nov 3 3 29 F CITY Lw�Er.: .':; OFFICE WH_1_tAM F. A9DOTT SALE MASS. DECISION ON PETITION OF RODNEY AND PATRICIA HORTON JA MLS H. VOLLUER JOSEPH F. DOYLE FOR VARIANCE ON LOT AREA, LOT WIDTH, FRONT AND JOHN M. CRAY, SR. REAR SETBACKS APPLICABLE TO EXISTING STRUCTURE ON ARTHUR LAEHECOUE EMERY P. TANCH LOT A-1 , AND PROPOSED STRUCTURE FOR LOT A-2 AS J. NORMAN WELCH, JR. SHOWN ON PLAN OF LAND ON NORTHEND AVENUE. Petitioners appealed to the 3oard of Appeals for a variance from the appli- cable density requirements of the City Zoning Ordinance affecting an exist- ing structure and a proposed dwelling on Lots A-1 and A-2 Northend Avenue , as shown on plan. A hearing was held on this appeal on October 28 , 197u, pursuant to notices mailed postpaid to the petitioners , their attorney, abutters , board members, and others , and advertisements published in the Salem Evening News . Board members present at this hearing included John M. Gray, Sr. , Arthur E. Labrecque , James J. Boulger Sr. , William F. Abbott , and Emery P. Tanch;mem- bers unable to attend were J. Mrman Welch, Jr. , and Joseph F. Doyle, Sr. Counselor Robert D. Bowes appeared with the petitioners and explained the •-ase the same as in the original appeal on file ; petitioners have one large at which they desire to divide ; Lot A-I contains their existing dwelling, the vacant portion of the lot has become a hardship and petitioners have an agreement to sell the land but are unable to do so without a variance and a division of the land into two lots ; variances required as to lot width, lot area , lot density and rear yard setback from boundary lines. Mr. Paul Truche, an abutter at 28 Symonds Street appeared in favor of grant- ing this petition; other abutters have also signified their agreement to the proposed variance . No one appeared in opposition. The Board studied the facts and plans presented and found that granting the variance would in no way cause detriment to the public good and would not derogate from the intent and purpose of the Ordinance as other dwellings in the immediate vicinity are located on lots which are also undersize since the City Zoning Ordinance was revised in 1965 increasing the size of lot areas , and further found that granting this variance would relieve hardship to the petitioners who have no further use of the undeveloped portion of the lot , and for these reasons voted unanimously to grant the variance as requested. BOARD OF APPEALS APPEAL GRANTED BY O/Am" 'Atw"'g Acting See r am'�nr �3 s h:. Chit of Salerli, assurhusetts ILI 'N Pourb of c yral DECISION ON PETITION OF CATHERINE HARRIGAN, 11 OAKLAND WILLIAM E. ABBOTT STREET TO ERECT GARAGE. Jnm ra . u� aBR JOSEPH F.uDOYLE JUHN M. GRAY, SR. ARTHUR LAURECOUE EMERY P. TANCH J. NORMAN WELCH, JR. The Inspector of Buildings refused to issue a permit to erect a garage at 11 Oakland Street as such construction would be in violation of the City of Salem Zoning Ordinance . The lot area is 4450 square feet and the Ordin- ance requires 7000 square feet; the side yard should be ten feet to the boundary line and the proposed structure would allow 1.84 ' ; the garage would be four feet from existing dwelling and a ten foot distance is r4- quired; the rear yard would be sixteen feet and the requirement is thirty feet. Petitioner appealed to the ,Board of Appeals for a variance from the appli- cation of the density requirements of the Ordinance, and a hearing was held on this appeal on December 21 , 1970, pursuant to notices mailed post- paid to the petitioner, abutters, Board members, and others, and advertise- ments published in the Salem Evening News advising of this hearing. Board members present at this hearing were Mr. Abbott, Mr. Labrecque, •r. Tanch and Mr. Welch; members unable to attend were Mr. Boulger, Mr. Gray and Mr. Doyle. Petitioner' s case was presented to the Board. Petitioner also presented letters from three abutters signifying they had no objection to the proposed structure. No one appeared in opposition. i After a careful study of the facts presented in this case, the Board found that in view of the proximity, of )the proposed structure to the existing dwelling and to the boundary 'line's, it would not be advisable to grant the variances as requested, and voted unanimously to grant petitioner leave to withdraw without prejudice. GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE. a=• sa BOARD OF APPEALS BY wm- U, .+ .✓ i Acting cretary °r • c.. J UJ K N r N v � W J a (IT �fttlem, tt$sttcl�xzse##s ourb of Appleal DECISION ON PETITION OF JOSEPH LEVESQUE, 13 OCEAN TERRACE JAMEESSH. BOULG ER WILLIAMP. ABBOTT FOR A SPECIAL PERMIT TO INSTALL A SWIMMING POOL AT 13 AH JOSEPH E. DOYLE OCEAN TERRACE. JOHN M. GRAY, SR. ARTHUR LABRECOUE EMERY P. TANCH J. NORMAN WELCH, JR. Petitioner appealed directly to the Board of Appeals for a Special Permit to install a swimming pool at 13 Ocedn Terrace, in accordance with the City of Salem Zoning Ordinance,, Section VII, Par. J, which requires a Special Permit be obtained before such installation, and also in accord- ance with the City Zoning Ordinance , such authority rests with the Board of Appeals. A hearing was held on this appeal on May 269 19709 pursuant to notices mailed postpaid to the petitioner, abutters, board members, and others, and advertisements published in the Salem Evening News. All Board members, excepting Mr. Gray and Mr. Doyle,were present at this meeting. Wetitioner appeared for himself and stated the case the same as in the original appeal on file. Appearing in opposition, Doris Beach and Leo Rutkowski; also presented was a request typewritten,requesting that Helen and Doris Beach, living at 9 Ocean Avenue be given a guarantee that in the event of any leakage or other damage from the swimming pool, causing damage to their property, would be repaired by the owner of 13 Ocean Terrace. A typewritten letter to this Board, signed by the .petitioner, was offered stating he agreed he will be responsible for any damages caused to the property at 9,:Ocesn Avenue because of the construction and maintenance of the proposed pool, and further stating he agreed to restore the some property to its present condition in the event it should be damaged during the construction of said pool or thereafter while he maintains ownership and control of same. This document was receipted by Helen M. Beach, Doris M. Beach, and Leo M. Rutkowski. Both of these documents become an integral part of this decision. Board Members voted unanimously to grant a Special, Permit as requested to allow the installation of a swimming pool at 13 Ocean Terrace , with the condition that all damage to property of abutters or others shall be repaid %y petitioner. " n BOARD OF APPEALS SPECK PEIT GRANTED AS REQUESTED. PAc . Secretary v iJ W J J W J 4 aG y.'n ze � V �cowir2 ��T . t11itu II F$�Eltt� �%B tTt L1$P f JFCLMIJ"EM - WILUAM E. ABBOTT DECISION ON PETITION OF WILLIAM D. LAWRENCE TO CONVERT JAMES H. BOULDER - EXISTING SINGLE FAMILY DWELLING AT 15 OLIVER STREET TO JOR. GGVLE JOHNHN M. GRAY, SR. PROVIDE AN ADDITIONAL APARTMENT. ARTHUR LABRECOUE EMERY R. TANC14 - J. NORMAN WELCH, JR. A hearing was held on this appeal on October 26 , 1977 pursuant to notices mailed postpaid to the petitioner, abutters , board members, and others, and advertisements published in the Salem Evening News . Board members present at this hearing included Norman Welch, Emery Tanch, .John M. Gray and William F. Abbott ; unable to attend were board members Joseph Doyle, James Boulger and Arthur Labrecque . Petitioner appeared and explained the case the same as in the original appeal on file ; the structure was a two-family dwelling at one time ; there will be no exterior changes to the building; rear sheds will be removed to provide larger yard area and parking for three cars ; petitioner intends to occupy one dwelling unit and rent the other. pearing in favor of granting this appeal were Mrs. Russell of 11 Oliver reet , Kenneth Goldsmith and Garbara Goldberg a realtor. John Manning, 16 Oliver Street , appeared in opposition. After a thorough study of the facts and plan presented in this case , the Board found that to grant this appeal would in no way derogate from the intent and purpose of the Ordinance ; this is an R-2 district , zoned for two-family residences , and there are many in the immediate vicinity; the Board further found that to grant this variance would not be detrimental _ to the public good, and for these reasons, by unanimous decision, voted to grant the variance as requested. BOARD OF APPEALS VARIANCE GRANTED BY Acting Secretary mo 0 r mr- rn n; m X < m '*1 n G rn C= 2 - As stated above, a portion of the original property ( the open storage area) is non-conforming, in accordance with the Zoning Act of 1965. Itarea of 2500 square feet which is in the R-2 district, was purchased by the petitioner to extend his open storage area . This area because of size is impossible for the building of 'any structure -to comply with R-2 zoning, and it would be a hardship `on the owner to be ' pro- hibited from using the space of this isolated parcel. After a study of the facts presented at the hearing, the Appeals Board vo- ted unanimously to approve of the petition for a Special Permit to comply with the following conditions: 1. The area may be 'used for storage of plumbing, heating, and related supplies. 2. No trailer trucks shall be allowed for storage on any of the exist- ing property of the petitioner. 3. In the storage of any material , it shall be agreed that the total \ height of said material shall not exceed 6 feet from the ground area to the top of the storage supplies. 4. The fencing which may chain link type shall not exceed -8 feet in height. The entire storage area shall be kept in a clean and orderly con- dition at all times. BOARD OF APPEALS SPECIAL PERMIT GRANTED WITH CONDITIONS. AUGUST 10, 19'70CHAIRMAN. ® to m— v c9 �' 7 � �d0]UIT4 - ;�j ' (ElttV of Salem, fflassarlpautts v � .,. , 4 Paurb, of �kppeal " umU� WILLIAM F. ABBOTT JAMES H. BOULGER JOSEPH F. OOYLE DECISION ON PETITION OF ROBERT EON, FOR A SPECIAL JOHN M. GRAY, $R. PERMIT TO INSTALL A SWIMMING POOL AT 80 PROCTOR ARTHUR LABRECOUE EMERY P. TANCH STREET. J. NORMAN WELCH, JR. - Petitioner appealed directly to the Board of Appeals in accordance with Section V, Paragraph B-1-e, of the City Zoning Ordinance which provides, that outdoor swimming pools may be installed only by special permission of the Board of Appeals. A hearing was held on this appeal on November 23, 1970, pursuant to. no- tices mailed postpaid to the petitioner, abutters, board members, and others, and advertisements published in the Salem Evening News. All Board members excepting Mr. Doyle were present at this hearing. Petitioner appeared and explained the case to the fleeting. o one appeared in opposition. After a careful study of the facts brought to this hearing, the Board voted unanimously to grant a Special Permit to allow the installation of a swim- ming pool on petitioner' s land in accordance with plot plan submitted. SPECIAL PERMIT GRANTED. BOARD OFF APPEALS. Acting Secretary . •` O W V O py ? ~7 U) - 1 LLIJJuj � - U W J J 0: C= J-< >-'A C.7 ` O e Y 1 4 Pvurb of �ypL IV11LIA. 1. ....TT DPCTSTON ON APPEAL OF SAI.FM ACRES, TNC . TO T-,T?FCT A JAM Cp H. RpULpER STNGLF FAMTLY DWRT.T.TNOT ON LOT #1-72-C ROCKDALE AVRNTJE­ JORN M, HAY. ER. ARTHUR LAVRRCQUE Petitioner appealed to the Board of Appeals to erect a Si.n(-IP family dwe.l.- lin- on Lot df172-C Rockdale Avenue , requesti.ng a variance from the ;3ppl-i-- cable density rerliji.rement of a thirty-foot rear yard as specified i.n the Zoni.nl- Ordinance . A heari.ng was held on this appeal. on Apri-J. 27 , 1970, piirsiinnt to notices maj.1ed postpaid to the peti,ti-onpr, his attnrnev , abutters , board memhprs , and others , and adverti-sements pi.Thlisberl i.n the Salem Fveni.nF News . . All Board members exceptinl- Mr. Doyle and Mr. Gray were present at this heari.nf . Coiinsel.or (Teor-e P. Vallis appeared for the petitioner and explained the case , the same as in the ori.1-inal appeal- on fil-e ; petitioner desires to locate the proposed d.we_1J'LnF as shown on the plan submitted to avoid a lame section of ledge which would requi-re at considerable ex- pense ; fiirtber stated all other reqiii-rements of the Ordinance would Ae-e observed . No one appeared i.n opposi.tion . After a thoroijgb review of the facts presented in this case , the Board found that ffranti-n(, a variance would alleviate hardship to the petitioner, and farther fourth that to -rant the variance as req,lested would in no wiv derof7ate from the intent and purpose of the Ordinance and would cause no detriment to the public '-ood, and for these reasons voted unani.mousl-V to -rant the variance . BOARD OF APPFAT,S VARTANCP rPANTT,,D AS REQUESTFT). B LLJ JAct . ecretary W tel ,7 101i#g of "Mem, tts clj�t�e##s ` oarb of ral S 4 WILUAM F. ARDOTT DECISION - ON PETITION OF JOSEPH BOUCHARD, TO CONVERT ROVL..R STRUCTURE FORMERLY OCCUPIED AS A. STORE TO PROVIDE A J09GPH R. oov�R SMALL THREE. ROOM APARTMENT. JOHN M. CRAY, SR. ARTRVR LApR6COVE The Inspector of Biiildings refused to issue a permit to alter the prem- ises at 40-42 Salem Street to provide a small apartment as the bui.l.di.ng is located in an R-.3 district , zoned for multi-family residential occu- pancy, and petit.ionar' s lot area and existing structure do not conform to the density requirements of the City zoning Ordinance for the district . A hearin,-, was held on this appeal. on March 10, 1970, pursuant to notices mailed postpaid to the petitioner, the owner of the premises , abutters, board members, and others, and. ad.verti.sements published in The Salem Evening News advis,i.ng of this hearing. All. Board members excepting Mr. Doyle were present at the hearing. The owner `of the property, Mr. Fred N. Clemson, of Franklin, New Hampshire, appeared with .the petitioner. Mr. Clemson stated he had purchased the property over five years ago at which time it was occupied by a barber 0hop and a warehouse. Shortly thereafter the barber shop was relocated Ind the owner was unable to find another tenant for a commercial. use ; he then occupied the entire building for a warehouse; not being a local res- ident he was unable .to prevent repeated damage to "the building by vandals , and he feels that theybest solution to the problem would be to have the use revert to residential occupancy for which the area is zoned . The petitioner stated that if a variance -is granted by this Board , he pro- poses to repair the structure and renovate and alte.r. 'it `for use as a three room apartment , a use in harmony with surroundi.ng. buildi.ngs. After a careful study of all of the facts presented in this case , the Board found that to grant a variance to convert this structure for occu- pancy as a dwelling unit would eliminate a very serious condition, i . e. extensive vandalism with the resulting devaluing of properties in the area , and .frnrther found that to grant this variance would in no way der- ogate fc:)m whe. intent and purpose of the Ordinance and would in no way be detrtme4a1 . to the public good, and for these reasons'. voted pnen.i- mous], 1; rt, ,yht this variance to permit conversion of this hi.iildi.ng to provide m si-,ale dwelling unit. 14 BOARD, OF APPEALS wLLI M VAi tA2r,F 1A_N?iF,D AS REQUESTED RY��'�. acting Secretary ` 6 V i A � � u opS"MlPltt, fflaSS2IC4IISPtt$ curb of �%Vyral �'r:rnnnv."r WILLIAM P. AOBOTT DECISION ON PETITION OF GERTRUDE S. STAEBNER, 25 SAVOY ROAD, JAMES H. BOULGER FOR VARIANCE ON LOT AREA, LOT FRONTAGE, AND SETBACKS FROM JOSEPH P. DOYLE EXISTING STRUCTURE TO BOUNDARY LINES. JOHN M. GRAY, $R. ARTHUR LABRECOUE r EMERY P. TANCH J. NORMAN WELCH, JR. Pursuant to a hearing duly advertised in accordance with the requirements of the Law, the above petition was heard on October 28 , 197U in the City Council Chambers . The matter was presented by Attorney John R. Serafini, represent- ing the Petitioner, Gertrude S; . Staebner. Board members present at this hearing were James Boulger, John M. Gray, Arthur Labrecque, Emery Tanch and William F. Abbott'; members unable to attend were Joseph Doyle and J. Norman Welch. , It appeared that in 1967, the Board of Appeals had granted a variance , per- taining to Lot "A" on the submitted, P•1hn so as to permit the construction of a dwelling house on this lot!. It was also noted that when such variance was granted, Lot "B" on which the dwelling house existed and had existed for many, many years, became non-conforming as to lot size, lot frontage , and distance to side boundary line. view of the fact that the present owner had occupied the property for many, many years , it was voted ithat it would be a hardship not to permit the maintenance of the existing dwelling on this undersized lot as the lot had been in conformity prior t6 the adoption of the new zoning - ordinance . After a careful study of the facts and plans presented the Board found that , the lot and existing dwelling are in harmony with others in the immediate area and further found that to grant this variance would in no way derogate from the intent and purpose of , the ordinance and granting the variance would cause no detriment to- the public good, and for these reasons voted unanimous- ly to grant the variance as requested. BOARD OF APPEALS APPEAL GRANTED. BY (2k* ".� Acting Secretary s° � �..N G Vim— > N S - yN I " ' ley C�Ttg of "Mrm, �ISS�TCI�TT P## � 1T a_ � nttr of c��tpettl k�OJMmt MT' ' WILLIAM F. ABBOTT DECISION ON PETITION OF WALTER CRAIG, FOR A SPECIAL JAMES H. SOULOeR PERMIT TO INSTALL A SWIMMING POOL AT 4 SCENIC PLACE. JOSEPH F. CIOYLE JOHN M. GRAY, SR. - ARTHUR LABRECOUE EMERY P. TANCH J. NORMAN WELCH, JR. Petitioner appealed directly to the Board of Appeals for a Special Permit to install a swimming pool at 4 Scenic Place, in accordance with the City of Salem Zoning Ordinance, Section VII, Per. J. which requires a Special Permit be obtained before such installation, and also in accordance with the City Zoning Ordinance, such authority rests with the Board of Appeals. A hearing was held on this appeal on May 26, 19709 pursuant to notices mailed postpaid to the petitioner, abutters, boa`rd members, and others, and advertisements published in the Salem Evening News. All Board members were present at this hearing, excepting Mr. Gray and Mr. Doyle who were unable to attend. ' Petitioner appeared and stated the case the same as in the original ap Q)al on file; all members of the family work and the convenience of hav- g a swimming pool would be very much appreciated for family pleasure and relaxation; his family physician recommended swimming as therapy for a bothersome back problem. No one appeared in opposition. I The Board voted unanimously to grant the Special Permit as requested to allow installation of a Swimming pool. BOARD OF APPEALS SPECIAL PERMIT GRANTED AS REQUESTED. BY z�a Act. #Secretary. j I W Uw LU = I � V „�nurr1. Ctg of �'alem, assaclfuutts J�CI}II NV\Af” WILLIAM F. ABBOTT JAMES H. BOULDER DECISION ON PETITION OF PAUL AMBREFE, 4 STAR AVENUE, JOHN M. GRAY, $Fl.R. ROYCE JOHN TO REPLACE EXISTING PORCH. ARTHUR LARRECOUE EMERY I. 'IANCH J. NORMAN WELCH, JR. I The Inspector of Buildings refused to issue a permit to replace an exist- ing 6 ' x 6 ' porch with a larger porch, 10' x 121 , at 4 Star Avenue as such construction would be in violation of the City Zoning Ordinance. The density requirements of the Ordinance include a ten oot distance to the' side boundary and a fifteen foot distance from the f ont boundary. The applicant, Mr. Ambrefe , presented plot plans showingla side yard .,distance of five feet from the boundary line and a five foot distance to the front boundary line. Petitioner appealed to the Board of Appeals for a variance from the appli- cable density requirements of the Ordinance, and a hearing was held on this appeal on December 21, 1970, pursuant to notices mailed postpaid to the petitioner, abutters, Board members, and others, and advertisements published in the Salem Evening News advising of this hearing. resent at this hearing were Board members Mr. Welch, Mr. Tanch, Mr. La- brecque and Mr. Abbott; unable to attend were members Mr. Doyle , Mr. Gray, and Mr. Boulder. Petitioner appeared with his wife and explained the case; the existing porch is in need of extensive repair; a larger porch is necessary to ac- commodate the family needs. Mr. and Mrs. Frank Carrot abutters, appeared to voice their approval of granting this appeal. No one appeared in opposition. After a thorough study of the facts presented in this case , the Board found that a larger porch than the existing 6 ' x 6 ' porch would eliminate a he to this family by providing more space for their comfort and relaxation, and further found that to grant .this appeal..:-would in ,no way derogate from the intent and purpose of the Ordinance. and would not beet:. detrimental to the public good, and for these reasons, voted unanimously to grant this appeal. VARIANCE GRANTED AS REQUESTED. BOARD OF APPEALS Ir- U M BY �?(lLe,,61NV = IAN � C' m I:3 In A ing Secretary ° 7_ Ln U It)J dU N [T1 N Y V ~ W V A O 3 1 m O � m mr •A\ i yv w s Pnarb of � Pttl Il�.ltVl:\R.. Ti C> rn C=� WILLTAM F. N6e0TT DECISION ON PETITION OF JOSEPH RAGONE TO HOUSE CONSTRUC- JAVCS H. OOULGER TION EQUIPMENT AND SALVAGED MATERIAL FOR RESALE ON LOT JU,EPH F, COYLE JOHN M, GRAY, SH. #524 SWAMPSCOTT ROAD. AHTHUH LACBECOUE EMERY P. TANCH J. NORMAN WELCH. JR. Petitioner applied to the Inspector of Buildings for permission to store"' salvaged building material in anticipation of resale possibilities and to house heavy equipment and construction materials on a parcel of land at Lot #524 Swampscott Road. This lot is located in a district zoned for Industrial purposes and the City Zoning Ordinance allows any uses permit- ted in the B-4 Districts (Wholesale and Automotive) , permitted in the Industrial Districts, one of these uses being "Sales and Storage of Building Supplies" . The Building Inspector advised Mr. Ragone to appeal to the Board of Appeals to have that Board determine whether "Sales and Storage of Building Supplies" refers to new materials as opposed to salvaged or used materials, as the Ordinance makes no mention of "Salvage Yards" as a permitted use in any District. Petitioner appealed to the Board of Appeals and a hearing was held on this •appeal on November 23, 1970, pursuant to entices mailed postpaid to the petitioner, board members, abutters and others, and advertisements pub- lished in the Salem Evening News advising of this hearing. All Board members were present at this hearing, excepting Mr. Doyle who was unable to attend. Counselor Charles Buckley appeared for the petitioner and explained the case the same as in the original appeal on file; petitioner had purchased this land with the knowledge that salvage yards existed in the City of Salem, and assumed his land, located in an Industrial zone, ;would beta proper site for this use; he proposes to house construction equipment, and in the future to erect a large building for equipment and salvaged materials. Appearing in opposition were W. L. Mahoney, a member of the Board of Health of the City of Salem and Mr. Neil R. Driscoll. A letter was also received from the Board of Health stating that at , a regular meeting of that Board a motion was unanimously passed opposing "any variance which would permit the use of land abutting the municipal -incinerator for the storage, tsr � porarily or otherwise, of contractors ' equipment, salvaged lumber, etc. " After a thorough study of the facts presented in this case, the Board took the matter under advisement until the next meeting of the Board'{ which was held on December 21. At that time, hearing was resumed on this appeal. • 2 2 %fter careful consideration of factual information presented at this hear- ing, the Board was of the opinion that an Industrial district is a proper location for an enterprise of this nature, the Incinerator for disposing of rubbish and discarded materials collected in the City is presently ex- isting in close proximity to the locus, the area is on the outskirts of the City away from residential districts, and for these reasons voted unanimously to grant a variance with the following conditions: 1 . Petitioner shall comply in every respect with all Laws and restrictions pertaining to Natural Resources and to the Division..of Waterways and rjlated requirements. i 2. All material must be stacked in a neat and orderly manner. CONDITIONAL VARIANCE GRANTED. BOARD OF APPEALS BY _PXX1�6_ Acting Secretary®= • o iu c o. ii y tai n LL N a U t..ii t• O U • b%; MA1 ZJ 38 AM '71 Putxrb of �kyrett1 Sg�Cgg WILLIAM F. ABBOTT CITYq(�,�LL.p�q1 i'_MMJ I 'Nc - DECTS�rbN�ON PETITION OF THINK RINK, INC. , TO ERECT A JAMES H. aOULGER RECREATIONAL BUILDING FOR USE AS AN ICE SKATING RINK JOSEPH F. YLS JOHN M. GRAY, SR. ON LAND ON A PRIVATE WAY OFF TEDESCO STREET: SPECIAL ARTHUR LAORECOUE PERMIT REQUIRED FOR SUCH USE, AND VARIANCE REQUIRED EMERY P. TANCH WITH REGARD' TO HEIGHT OF PROPOSED STRUCTURE. J. NORMAN WELCH, JR. Pursuant to notice mailed postage prepaid to the Petitioner, Board Members, abutters, and others , and advertisements. published in the Salem Evening News, a Public Hearing was held on this appeal on April 261h, 1971, in the Council Chamber. All Board Members, excepting Mr. Doyle, attended this hearing. Attorney Lawrence Markell appeared for the Petitioner, and recited the statement of appeal as it appears in the petition filed. Mr. Markell pointed out that the Petitioner is a non-profit , charitable Massachusetts corporation, organized under General Laws Chapter 180, and is so designated by the Internal Revenue Service ; that the Petitioner desires to erect a recreational building for use as a skating rink on land in Salem and Marble- head, off Tedesco Street , Marblehead. The City of Salem Zoning Ordinance permits such use by Special Permit granted only by the Board of Appeals; variance with regard to the height of the proposed building must also be obtained from this Board as the height of such structures generally exceeds the permitted height for this district . Counselor introduced letters from the Town of Marblehead Water and Sewer 'Departments, granting permission. to tie into their systems . Several people including Dr. John Ballou and Councillors O'Keefe and Perron spoke in favor of the project, pointing out the benefits to the City of Salem, as well as the surrounding communities. Evidence was also introduced that the land in question had been formerly used by the Town of Swampscott as a gravel pit; that this use had been abandoned for some time , and that most of the land had been donated to the Petitioner by the Town of Swampscott. Mr. Markell indicated that over 1500 contributors had donated or pledged in excess of $30U,000.uu towards the completion of the unit. Many people from Marblehead spoke in opposition to the granting of a Special Permit and variance. Counselor Roland Gingrass spoke in behalf of some of the residents , reciting that while the Rink was a good idea , its operation at that location would interfere with the quiet enjoyment of their property by the abutters. A petition opposing the project, having signa- tures of residents of both Salem and Marblehead, was introduced. On questioning by the Board, Counsel for Petitioner indicated that all machinery would be located inside the building, and that screen fencing six feet in height would be constructed where required for headlight con- •:ainment. Counselor indicated that Petitioner would not permit vehicular 'c__cess to its premises except by use of the private way off Tedesco Street, asshown on plans and specifications submitted to the Board. . j 2 I f1 Board carefully considered all of the arguments made , being aware that for the past few years many people throughout Salem, Marblehead, and Swamps- cott had endeavered to see this project completed. The Board found that the Petitioner is an organization coming within the exception set forth in the Zoning Ordinance , that the contemplated use is to be in accordance with said Ordinance , and the height variation is nec- essary so that the pre-engineered building described on the plans could be constructed. I After careful consideration and evaluation of all circumstances, and after' j giving consideration to the various arguments advanced by interested parties, b the Board, with Member Emery Tanch abstaining from voting, voted to grant a { Special Permit as to use , and a variance with regard to the height of the I proposed structure, with the following conditions: I 1. All machinery is to be located inside of the building. 2. Screen fencing, six feet in height, shall be ' constructed where re- quired for headlight containment. SW IAL 'PERMIT AND VARIANCE GRANTED WITH CONDITIONS. v v > ent CITY OF SALIN - - - BOARD OF APPEALS, cv r h .. � a. - � BY U "ojActing Secretary . f f 1 1 I 1 1 � I r b, Paurb of '�kpveal � J4AUmv.Wrr i WILLIAM F. ARROTT DECISION ON PETITION OF ADOLPHE DEAMORE FOR. A SPECIAL JAMES H. "OULGER PERMIT TO INSTALL A SWIMMING POOL AT 91 TREMONT STREET. JOSEPH F. OOYLE JOHN M. GRAY, $R. ARTHUR LABRECOUE EMERY P. TANCH J. NORMAN WELCH, JR. ' Petitioner appealed directly to the Board of; Appeals for a Special Permit to install a swimming pool at 91 Tremont Street, in accordance with the . City of Salem Zoning Ordinance Section VII, Par. J, which requires a . Special Permit be obtained before such installation, and also in accord- ance with the City Zoning Ordinance, such authority rests with the Board of Appeals. A hearing was held on this appeal on May 26„ 1070# pursuant to notices mailed postpaid to the petitioner, abutters, iboard members, and others, and advertisements published in the Salem Evening News. All Board members excepting Mr. 'Gray and Mr. lDoyle were present at this hearing. ��etitioner appeared and explained the case the some as in the original petition on file, stating that he wished to provide the relaxation and enjoyment of a swimming pool for his family and would be more convenient to supervise the children at all times. j No one appeared in opposition. � The Board voted unanimously to grant a Speci�l Permit to allow the instal- lation of a swimming pool as requested. BOARD OF APPEALS SPECIAL PERMIT GRANTED AS REQUESTED. HY / 4 ct. Secretary G to �N W • V .jQ D ' .>.4 � Y t.c0;a lr� z fit$ ofttlPan, tts �Iz $tf ,►. ,s Poarb of �ypeal axrvr WILLIAM F. ABBOTT DECISION ON PETITION OF CARMENCITA A. AND JOSEPH D. JAMES H. BOULDER FRANCOEUR, 268 WASHINGTON STREET, TO ADD A THREE-FOOT JOSEPH F. DOYLE HIGH COVING ALONG FRONT OF STRUCTURE EXTENDING THREE JOHN M. CRAY, SR. INCHES MORE THAN PRESENT COVING. ARTHUR LABRECOUE EMERY P. TANCH J. NORMAN WELCH, JR. Petitioner appealed to the Board of Appeals for a hearing on his petition to add to existing coving of structure at 268 Washington Street , and the Board held this hearing on October 26 , 1970, pursuant to notices mailed postpaid to the petitioners, abutters , board members, and others , and ad- vertisements published in the Salem Evening News . Board members present included John M. Gray, William F. Abbott , EmeryP. Tanch and J. Norman Welch, Jr. Members unable to attend were Josepi F. Doyle, James . J. Boulger, and Artnur Labrecque . Appearing for the petitioners were Joseph J. Connolly and Mr. Sabin. They expini_n.ed the case the same as in the original appeal on file ; the building -is presently under repair and renovation including the installation of a remodeled store front ; they propose to add a three foot roof coving to the existing coving along the front of the building which will extend ten inches Grer the sidewalk; the new coving will extend three inches more over the dewalk than the present coving. No one appeared in opposition. After a thorough study of the facts and plans presented in this case, the Board found that this building would be in harmony with existing structures in the immediate vicinity and granting this appeal would in no way cause detriment to the public good, and for these reasons voted by unanimous de- cision to grant petitioners a Special Permit t,o extend existing coving as requested. SPECIAL PERMIT GRANTED. BOARD OF APPEALS BY Acting Sec etary °m r r' rn vJ c: •-0 S7 -n Cl* a r+e a� A.GOLIT1 ' (fit of �5,alem, asmcltusetts ;F evarb of Appeal w"��UT'F Wt'r w,�uwa r.w..oTr DECISION ON PF.TITTON OF ROGER L'HEUREUX TO REMODEL �e.w DWF,LT,TNG AT 28 WEST AVENUE, TO PROVIDE., AN ADDITIONAL �oeawn �. Dora APARTMENT. conn w. owwr. ew. warn uw uaw.eoua The Inspector of Buildings refused to issue a permit to remodel this a dwelling to provide a second apartment as this district is zoned R-1 for single family residences. Petitioner appealed to the Board of Appeals and a hearing was held on this appeal on February 249 1970, pursuant to notices mailed postpaid to the petitioner, abutters, board members, and others, and advertise- ments dvertisements published in the Salem Evening News giving notice of said hearing. All board members excepting Mr. Doyle were present at the hearing. Petitioner appeared and explained that he proposes to remodel this dwel- ling to provide two apartments , a four room apartment on the first floor, and remodel the second and third floors for the use of his growing fam- ily; the second.-floor would have a kitchen, dining room, living room and family room, the third floor would have four rooms to be used for sleep- •ig quarters for his family. Mr. L'Heureux also stated that sometime in the past this had been a two-family dwelling but had been converted to one-family occupancy. After careful consideration of the facts presented in this case, the . Board found that to grant this appeal would relieve hardship in provid- ing adequate living quarters for petitioner' s family, and further found that granting this appeal would in no way derogate from the intent and purpose of the Ordinance and would cause no detriment to the public good, and for these reasons voted unanimously to grant this petition. APPEAL GRANTED., BOARD OF APPEALS BY Acting Secretary y m T rn 2 � n . ON to r N T; _V) A M =b NOV 3 323 Ph %�tj 'Q/,'0IJ1_I V,.t. CITY CLri-:,' ; U "fie 4 WILLIAM F. ACROTT 54LEI4",,&,6114ON ON PETITION OF ANNA M. POITRAS TO ERECT A SINGLE FAMILY DWELLING ON LOT JOSEPH F. OOYLE #92I•jI LLSON ROAD: JOHN M. GRAY. SR. VARIANCE REQUIRED WITH REGARD TO LOT AREA, LOT ARTHUR LARRECOUE WIDTH AND SIDE YARD SETBACKS FROM BOUNDARY LINES. E.NEFlY P. TANCH J. NORMAN 'NELCH, JR. Petitioner appealed to the Board of Appeals for a variance from the appli- cable density requirements of the City Zoning Ordinance affecting a propoaed structure on Lot #92 Willson Road with regard to lot area , lot width, and side yard setbacks from boundary lines . A hearing was held on this appeal on October 28, 197u, pursuant to notices mailed postpaid to the petitioner, her attorney, abutters , board members , and others , and advertisements published in the Salem Evening News. Board members present at this hearing included John M. Gray, Sr. , James J. Boulger, Sr. , William F. Abbott , Arthur E. Labrecque and Emery- P. Tanch; members unable to attend were J . Norman Welch, Jr. , and Joseph F. Doyle . Counselor Robert D. Bowes appeared with the petitioner and explained the case the same as in the original appeal on file ; petitioner has owned is parcel of land for many years ; it is an isolated lot lacking in lot s his and lot frontage , and the proposed dwelling would be six feet from the side line boundaries instead of the ten feet required by the City Zoning Ordinance adopted in 1965, which also increased lot area and lot width requirements ; the proposed structure would be in harmony with ex- isting dwellings in the area which were erected prior to adoption of the 1965 Zoning by-laws; petitioner now proposes to dispose of the lot as she has no further need of it but a variance must be obtained before such con- veyance can be accomplished. Appearing in favor of granting this appeal were Mr. Robert Eeaulieu, Mr. Henry StPierre and Mrs. Lillian Quirk, all abutters , and Mrs . Pelletier. No one appeared in opposition. A memo from the City Engineer called attention to the fact that a twenty- five foot temporary construction easement in conjunction with flood control purposes crosses a portion of the rear of this lot ; the plot plan shows location of proposed dwelling will rat interfere with said easement . After a careful study of the facts and plans presented, the Board found that granting a variance would relieve hardship to the petitioner in dis- posing of this isolated lot , and further that the proposed dwelling located as shown on the plan would be in harmony with existing dwellings in the area , and for these reasons voted unanimously to grant this appeal . BOARD OF APPEALS APPEAL GRANTED BY � � ` � Acting Secretary6� 4 WILLIAM R. AOROTT DECISION ON PETITION OF GORDON ALLEY TO ERECT AN ADDI- JAMES H. COULOER TION TO AN EXISTING DWELLING AT rj WINTER ISLAND ROAD, JOSEPH R. OOYLE TO PROVIDE A CARPORT WITH ROOM OVER FOR ADDITIONAL LIV JOHN M. GRAY, SR. ARTHUR LAORECOUE ING' QUARTERS. U EMERY P. TANCH J. NORMAN WELCH, JR. I f The Inspector of Buildings refused to issue a permit to allow the constr- uction of a 12 x 24' carport on the side of the garage with a room over C it at $ Winter Island Road, as the City Zoning Ordinance requires a dis- tance of ten feet to the side boundary, and petitioner' s plan showed a distance of 61 -611 , and advised the applicant of his rights to appeal from this decision. to the Board of Appeals. Petitioner appealed to the Board and a hearing was held on this petition on May 26, 1970, pursuant to notices mailed postpaid tothe petitioner, abutters, board members, and others, and advertisements published in the Salem Evening News, All Board members excepting Mr. Gray and Mr. Doyle were present at this aring. No one appeared for the petitioner. r Counselor Alfred Dobbs appeared to oppose this petition in behalf of his client Mr. Walter Pecevich, 9 Winter Island Road. Mr. Dobbs presented a petition signed by 'nine residents of the area, voicing opposition to I granting this appeal. With all members voting in the affirmative, the Board voted to grant petitioner Leave to Withdraw. BOARD OF APPEALS LEAVE TO WITHDRAW �� L l/ I o m JAetary r V Q. f jEE • } N • + Or V r f. I i 1971 STREET, NAME PAGE- _ �p V Appleby St-31 Malik,Francis 1 .� Beach Ave .19 Buckley,Alice 2 Belleau Road,26 St.Pierre,Richard 3 Belleview Ave-54 - Gibeley,Robert 4 Boston,St.12 DiSte£ano,Emanuel 5 Boston,St.97 S.Alum.Window Co. 6 Bridge $t,16 Pratt,Stuart 7 Bridge St,106 Kelley,James-Jr. 8 Bridge St,106 Swampscott Motor Services, Inc . 9 Bridge St,234-240 Preble,Glover 10 Canal St,17 Knight,Harris,Realty Co. 11 Cauldron,Court,7 Grevelis,Elaine 12 Circle Hill Rd, 27 Labrecque,Lucille 13 Cleveland St.5 Fraser,Germaine 14 Columbus Ave .14 Desjardins,Richard 15 Commercial St. 20 D'Aprile,Dante 16 Crescent Drive, 4 Orlando,Salvatore ✓ 17 Crescent Drive, 16 Marquis,Norman 1$ Cressey Ave . 11 - Snow,John 19 Cushing St. 19 Rossi, Thomas 20 Day Ave .Lots L&M Matton,Richard 21 Dearbon St . 8 Le Fleur,Shirley&Delm6re 22 Dearbon St. 1221 Kiley,Nadeline 23 ,.rby St . 91 Wlodyka,Thaddeus 24 rby St . 122 Burkinshaw,George 25 Derby St . 245-249 Topsfield Enterprises, Inc . d/b/a/ Derby St. Citgo 26 Dodge St . 7 Folsom, Inez 27 Dunlap St. 36 Schrader,Frances 28 English St. 1 Tremblay,Robert 29 Essex St . 81 & Orange 3 -Bailey, James 30 Essex St. 125 - R.Winick?f.Douglas Haley 31 Federal St . 76 Keefe ,David 32 Fort Ave . 50 S ,ESSEx 5eweage District 33 Foster Court 10-- Moulton,Robert 34 Gables Circle, 2$ Duncan,Albert 35 Green St. ,20 St .Pierre,Richard 36 Hawthorne Blvd-3-5 & Reardon,M. Donovan,Alice 109 Essex St . Flynn,Thomas 37 Hawthorne Blvd.$-10-1021 Warner,Robert- 38 Highland Ave. DiBiase,Ugo&Elio (Apt.&Business ) 39 Highland Ave . 90 Salem Hospital (Professional Off. ) 40 Hubon St. 13 Welch,Morman J. 41 Jefferson Ave .&Margin St New England Telephone 42 Jefferson Ave . #62 Ruscio,Rrancis 43 Kosciusko,15-17 Computi,Miss 44 Lafayette St . 245 Swartz,Richard,Trustee of Continental Realty Trust 45 *' fllafayette St. 271 Berube,Roderique d/b/a Berube Funeral Service 46 Lafayette St. 323 Orne Street Realty Trust 47 Larkin Lane 11 Malewicki,Richard 48 1971 PAGE 2 _STREET NAME PAGE 1 Loring Ave . 212 Tardiff;Armand 49 Loring Ave . 542 Kimball,Robert 50 Loring Ave . 568 Loring Hill Associates 51 Mall St 18-20 Maskell,Leward 52 March St. 42 Santo,James 53 Marlborough Rd. 37 Masella.Donald 54 Mason St. 56 Zetes,Blanche 555 Norman St . 28-32 Phillips Petroleum Co. 5 North St . 81-85 Baum,-Suzan 57 North St. 153 MCArdle,Charles 58 Northend Ave . 28 McAlpine 59 Oakland St . 15 Towne,Jean 60 Ocean Ave. 181-183 Papageorge F. &D'Isso,M. 61 Orleans Ave . 16 Chase,Benjamin 62 Summer St. 16 Cass,Janet 63 Summit Ave . 48 Norton,Edward 64 Sylvan St 6-8-10 Lettich,Anthony 65 Tedesco St . Think Rink, Inc . 66 Walter St . 42 Burnham;Donald 67 Washington St. 219-251 Richard;Edmond 68 Washington Square 191 Jannell I Arthur 69 Washington Square EAst .94 Columbus Society 70 Valley St. 104,104-1 Dellamonica,Anna 71 Vasapolli,Elise ,Executrix ti,Crol rq a urbi IIF Pill s'OJ.ms.MT`� WILLIAM G. ABBOTT JAMES H. BOULDER JOSEPH P. DOYLE DECISION ON PETITION OF FRANCIS MALIK FOR SPECIAL JOHN M. GRAY, OR. ARTHUR LABflECO UE PERMIT TO INSTALL SWIMMING POOL AT 31 APPLEBY ROAD. E ' EMERY P. TANCH J. NORMAN WELCH, JR. In accordance with Section V - B, 1. - e , and Section VII, Par. J. , peti- tioner appealed directly to the Board of Appeals for a Special Permit .to install a swimming pool at 31 Appleby Road . A hearing was held on this appeal on March 29 ,1971 , pursuant to notices mailed postpaid to the petitioner, abutters , Board Members , and others , and advertisements published in the Salem Evening News . Board members present at this hearing were Arthur E. Labrecque , John M. Gray, Sr. , James A. Boulger, and William F. Abbott ; members unable to attend were J . Norman Welch , Jr. , Emery P. Tanch, and Joseph F. Doyle . Petitioner appeared and explained the case the same as in the original appeal. on file; a swimming pool on his own property would provide health- .il recreation for his family; overcrowded highways sometimes prevent ,ansporting the children to local beaches , and it is not always conven- ient to visit the beaches ; there is presently much talk of pollution of the ocean, lakes and streams and such dangerous conditions could possibly present health problems . No one appeared in opposition. The Board found that this was a proper matter before them for their judg- ment , in accordance with the regulations of the City Zoning Ordinance with regard to the installation of swimming .pools , and voted. unanimously to grant a Special Permit to allow such installation with the condition that . all local and state rules and regulations relating to swimming pools be carefully observed . BOARD OF APPEALS . SPECIAL PERMIT GRANTED AS REQUESTED. BY Acting Secretary '$$pYl 'YJ�'IVS W J11IAi��IC j ' oanuql y �Z# of "'-9z aleratts�tt� 8P # # s Paur3 of ,AypPal J.:f.IP I:„lr 1.2.7-71 WILLIAM F. ABBOTT JAMES H. BOULDER JOSEPH F. DOYLE DECISION ON PETITION OF JOHN AND ALICE BUCKLEY FOR A JOHN M. GRAY, SR. SPECIAL PERMIT TO RENT A THIRD APARTMENT AT 19 BEACH ARTHUR LABRECOUE EMERY F. TANCH AVENUE TO SOMEONE OTHER THAN THEIR FAMILY. J. NORMAN WELCH, JR. PETITIONER appealed to the Board of Appeals for a special permit to rent an apartment which he made for his daughter who now can not use it, to someone other than his family. The dwelling is located in an R-1 district, zoned for single family residences, being the premises at 19 Beach Avenue . A hearing was held on this appeal on January 25, 1971, pursuant to notices mailed postpaid to the petitioner, his attorney, abutters, board members, and others, and advertisements published in the Salem Evening News, advising of this hearing. All Board members were present at this hearing, excepting Mr. Doyle who was unable to attend. Counselor John. R. '• Serafini appeared with the petitioners, and explained the case the same as in the original appeal on file; petitioner had installed On apartment in his dwelling for his daughter who now can not use it, and f this appeal is denied it will cause him financial hardship. Appearing in opposition to granting this appeal were Mr. and Mrs. Gerard Gaffney, abutters, Mrs. Taylor of 16 Beach Avenue and Mr. and Mrs. Arthur Coon of 18 Beach Avenue. Prior to this hearing, letters voicing strong opposition were received from Mr. John Mullen, an abutter; these letters were dated May 5, 1970, January 15, and January 21, 1971; other letters , dated August 30, 1969, and .January 9, 1971, bearing the signatures of the persons listed here and also Mrs. Marie Kozik of 12 Beach Avenue, which were received by the Board, also voicing disapproval and strong opposition to permitting a three-apartment dwelling in a single family residence area , were read by the Board and become an integral part of the records of this petition. The Board after a careful study of all of the facts, presented at this hear- ing, voted unanimously to deny this appeal. APPEAL DENIED. BOARD OF APPEALS BY . r,%;.i-1,01 Alla Acting Secretary Ud Wj LZ IT CJhli,�7a �� , -1 'L II{ cS�E1tT Ft552Tt usettB F� - �r 'Quarb of cAyyval .ousrn"r' cn DECISION ON PETITION OF RICHARD F. ST. PIERRE TO INITtil A M"u M E, AOOOTT SWIMMING POOL AT 26 BELLEIU ROAD. JAMES H, OOULGER JosEPH E. .011E PETTTTON I1EA.Ri3 AT APPEALS BOARD MF.ETTNG - _ 5. 2fy_• 71 JOHN M, CRAY, SR, --� ARTHUR LARRECOUE EMERY P. TANCH J. NORMAN WELCH, JR. The Board Members have the facts presented to the meeting, together with a plot plan showing location of pool , and are of the opinion that a special permit for which application is made is in harmony with the purpose and in- tent of the Ordinance , and should be granted . Record of this meeting is on file with all data furnished for this hearing. By unanimous vote , the Board has therefore voted to grant a Special. Permit to install and maintain said pool as requested , subject to the following - CONDITIONS: 1 . Bona fide effort; made to minimize no and lights in order to avoid disturbing privacy of neighbors. 2 . Use of the pool shall copse at 10 :00 P.M. 3. Pool shall_ he constructed and maintained in accordance with the General Laws of the Commonwealth of Massachusetts , applicable to Swimming Pools , and the rules and regul.ati_ons of the City of Salem Building Code , Board of Health , Electrical. Department , Police Department , and the Zoning Ordinance . 4 . Pool shall be surrounded on all sides with a permanent wall or fence at least four feet 'hi ;h ; the fence shall have a locking device and a closing device so as to keep the gate shut at all times ; a minimum of one ladder, stair, ledge or standup area , not over three feet below water surface shall he provided for, each seventy-five feet of perimeter; fence: shall have only one opening, three feet maximum width . 5 . Pool shall be constructed of materials that will provide a structurally sound and tight tank with impervious surfaces that are easily cleaner] . 6 . No swimmi.nF• pool or appurtenances thereto shall he installed or altered until a huildi_nj permit has been obtained from the Building inspector who may issue such permit 21 days from the date stamped on this decision in the office of the City Clerk . SPECIAL PERMIT GRANTED WITH CONDTTTONS . BOARD OF APPEALS , C) Acti_7'g Secretary r It � /� ' f E I V E D %Citv1 of �t�PI2t c`IS$FTC FISP S I 3 34 PH '� Pourb of �kypcal OFFICE � EM. MASS. JAMES M F. ABB T DECISION ON PETITION OF ROBERT M. GIBELEY FOR A SPECIAL JOSEPH F. DOYLOE JAMES H. BD PERMIT TO INSTALL A SWIMMING POOL . AT 54 BELLEVIEW AVENUE. , L JOHN M. CRAY, BR. ' ARTHUR LABRECOUE EMERY P. TANCH J, NORMAN WELCH, JR. The Board members have the facts presented to the meeting, together with a plot plan showing location of pool, and are of the opinion that a Special Permit for which application is made is in harmony with the purpose and intent of the .Ordinance � and should be granted. Record of this meeting is on filelwith all data furnished for this hearing. I I —By unanjmous_ vote , the Board has therefore voted to grant a Special Permit to install and maintain said pool, as requested, subject to. the following CONDITIONS:' 1.. Bona fide effort made, to minimize noise and lights in order to avoid disturbing privacy ofi, neighbors . i 2 . Use of ',the pool shalllicease at 10: 00 P.M. 3. Pool shall be constructed and maintained in accordance with the Gen- eral Laws of the Commonwealth of Massachusetts , applicable to Swimming F Pools, and the rules and regulations of the City of Salem Building Code , Board of Health, Electrical Department , Police Department , and the Zoning Ordinance . I k. Pool shall be surrounded on all sides with a permanent wall or fence at least four feet high,,; the fence shall have a locking device and a closing device so as tolkeep the gate shut at all times ; a minimum of one ladder, stair, ledge or standup area , not over three feet be- low water surface shallbe provided for each seventy-five feet of perimeter; fence shall ave only one opening, three feet maximum width. 5 . Pool shall be constructeL of materials that will provide a structurally sound and tight tank wit impervious surfaces that are easily cleaned. 6. No swimming pool. or appurtenances thereto shall be installed or altered until a building permit has been obtained from the Building Inspector who may issue such permit 21 days from the date stamped on this decision in the office of the City Clerk. BOARD OF APPEALS, SPECIAL PERMIT GRANTED WITH CONDITIONS. n BY ,A ✓} Qom cgecretary %T�itu of �y nttrb of Qttl . �cnuye.ar'' WILLIAM F. ABBOTT DECISION ON PETITION OF Emanuel S. DiStefano to alter JOSEPH F. DOYLLE premises H. BDER JOSsecond floor remises at 12 Boston Street to provide JOHN M. GRAY, SR, an additional apartment . ARTHUR LABRECOUE EMERY P. TANCH J. NORMAN WELCH, JR. The Inspector of Buildings refused to issue a permit to install a second floor apartment at 12 Boston Street as the lot is undersize with regard to requirements of the City Zoning Ordinance , and advised petitioner of his right to appeal to the Board of Appeals to vary the terms of the Ordinance . Petitioner appealed to the Appeals Board, and a hearing was held on this appeal on May 24 , 1971 , pursuant to notices mailed postpaid to the peti- tioner, abutters , board members , and others , and advertisements published in the Salem Evening News advising of this hearing. All board members attended the hearing, excepting Mr. Welch and Mr. Doyle . Petitioner appeared and explained the case the same as in the original appeal on file ; Mr. DiStefano is a widower and has four children; he roposes to install a second floor anc b apartment for occupancy p y y his i_ married '.� aughter so that she may assist hirn in caring for the children; he has tpent his life savings on this house , and needs help in caring for his family. No one appeared in opposition. The Board after a careful study of the facts presented in this case found that the area is zoned for two-family dwellings , and there are presently existing dwellings occupied as two family residences and multi-family residences ; the Board members further found that petitioner is burdened with a severe hardship in trying to provide adequate care and supervision for his family, and for these reasons found that to grant this variance would cause no detriment to the public good, and granting the variance would not derogate from the intent and purpose of the Ordinance and would relieve undue hardship to the petitioner, and for these reasons voted unanimously to grant the variance as requested. APPEAL GRANTED. BOARD OF APPEALS, W BY �/(���% Z v (Acting) Secretary W /1 qQ UJ Lai �J Z H V t 1 �• C�ttg of "Salem, fflassar4usktfs .: � uttrD of Appeal WILLIAM R. ABBOTT DECTSTON ON PF,TTTTON OF SALEM ALUMINUM WINDOW COMPANY JAMES H. ROOLOER TO ALTER PREMTSES AT 97 BOSTON STREET AND OCCUPY SAME JOSEPH R. DOVLE JOHN M. GRAY, $R, FOR THE SALE AND DTSPLAY OF ALUMTNUM DOORS, WTNT!OWS , ARTHUR LARRECOUE AND RELATED SUPPLIES . EMERV.P. TANCH J. NORMAN WELCH, JR. Petitioner appealed directly to the Board of Appeals to vary the terms of the applicable .requirements of the City Zoning Ordinance , and to permit alteration and modernization of the first floor of an existing two family wooden structure into a glassed store front at 97 Boston Street and a Special Permit to occupy these premises for display and. sale of aluminum door and window products . A hearing was held on this appeal on March 29 , 197]_ , pursuant to notices mailed postpaid to the petitioner, abutters , Board Members , and others and advertisements published in the Salem Evening News . Board Members present at this hearing included Arthur E . \Labrecque , ,John M. Gray, Sr. , James A. Boulger, and William F. Abbott ; unable to attend were members J . Norman Welch , Emery P . Tanch, and ,Joseph F. Doyle , Sr. Attorney Robert Jarvis appeared for the petitioner and explained the case .he same as in the original. appeal on file ; owners of the building where petitioner is presently conducting his business., located at 6 Boston Street , were forced to vacate their, own business property on Bridge Street because of proposed eminent domain taking of said property, and they plan to .re- locate at 6 Boston Street the business they are presently conducting on Bridge Street ; recent changes in the Zoning Ordinance rezoned the Poston. Street premises from a business to a two-family zone while adjacent properties remain zoned for business ; petitioner has conducted his bus:i.ness in the Boston Street area for some time and is established there , and would prefer to continue operating in this locale ; the second floor of the pro- posed new location would remain vacant and will not be rented to others. No one appeared in opposition. The Board reviewed all of the facts presented in this case and. found that there are many businesses being conducted in the immediate vicinity , t,hat the boundary between the business zone and this residential zone commences at the abutting property; that the operation of this business will not detract from the character of the neighborhood , and for these reasons voted unanimously to grant this appeal as requested . APPEAL GRANTED. BOARD OF APPEALS, 'Sm! 'W3lVS 391dar 1119 BY Ilc �n 9£ 9 8dtl Acting Secretary I] t�i 038 �:.: .� ... ..,.a _ ._ ��....^J�Lv�.x�s ?�-.:s-L+.�.a„ J{tl'.vr..rk.,..r__J:v:.T a.C.�.�au�"..r -i"•^^S. CUM 111 of "�slexrt, �t �tcJtzs� s Pnttrb of I WILLIAM F, ABBOTT JAIAia H, 6011 i.1ER '1'=FF" r, LI'+LE OEGJ:'�, I'UN ON I'l'1'.I:'1'70N OI' STUART 11 . PRATT TO INSTALL JUIH 11. LABRECO UE GRAY, 6R. ARTHUR A TRAILER AT 16 BRIDGE STREET FOR USE AS AN OFFICE . AR __ ---- EMERY P. TANCH J. NORMAN WELCH, JR. Petitioner appealed to the Board of Appeals to vary the terms of the City Zoning Ordinance to permit him to install and occupy a trailer for use as an office in connection with his business operation at 16 Bridge Street . A. henrinF was held on this appeal. on May 211 , pursuant to notices mailed Iiotil"s iir�id Lo Cho pi� L.LtLouor, Iloelyd Mombors , abettors , and others , and adver- tisements published in the Salem Evening News, advising of this public hearing. All Board Members were present at . this hearing excepting Mr. Doyle and Mr. Welch who were unable to attend. Petitioner appeared and explained the case the same as in the original appea,Ij`on file; he proposes to replace a trailer which has been located n this lot for twelve: years; it has become unsightly and obsolete , and proposes to install a newer model to provide the same occupancy, that is an office to continue his business of selling used cars; refusal to allow such replacement would cause an undue hardship as he depends on the trailer for his office . No one appeared in opposition. The Board studied the facts presented, and it was the general opinion that the existing trailer had occupied the premises for use as an office many years before adoption of the present Zoning Ordinance, and to deny petitioner the right to replace his "office" with a new trailer which would improve the appearance of the property, would create a hardship to petitioner in con- ducting his business , and to grant this petition would cause no detriment to the public good and would not substantially derogate from the intent and purpose of the Ordinance.. The Board voted unanimously to grant a variance to allow replacement of .existing trailer-office , as requested. BOARD OF APPEALS APPEAL GRANTED BY o �/ (ActingF Secretary 3�1��0 Sw•.�W-31� Aif� 114 pod sn 01 ��' a3A1303a .Ta,,,M P� RECEIVE ) �T��1 of �cS�Pttg� f155cTL�LZ�iE���i �I JUL 30 8 55 AM `7I aarD ur 'Appral CITY ULLs' !<. 5 UFFICE — -- WILLIAM F.. ABBOTT SALEM, MASS, JAMES H. BOULDER JOSEPH F. DOYLE REPORT OF DECISION ON APPEAL OF JAMES L. KELLEY , JR. , JOHN M. DRAY, SH, YELLOW CAB, INC . , 106 BRIDGE STREET. ARTHUR LABRECCUE EMERY P. TANCH J. NORMAN WELCH, JR, At a meeting of the Board of Appeals on Wednesday, July 28 , 1971 , the Mem- bers present were Chairman John M Gray, Sr. , William F. Abbott , Joseph F. Doyle , James Boulger and Arthur Labrecque , and Associate Members Emery P . Tanch and J . Norman Welch, Jr. The matter of the appeal of James L. Kelley , Jr. , Ye -. 0 e . , :_00' Bridge Street was considered. This particular case had ween discussed and heard several times on motion of reconsideration but no decision had ever been filed according to the Statute . On Monday; July 26 , 1971 in this matter a vote had been taken but only three members of the regular Board had voted in favor, therefore , it was considered advisable to reconsider the entire matter which was done . Nt the invitation of the Board , the Solicitor for the City of Salem, Albert Pitcoff, was present and addressed the Board . He stated that the Chair- man of the Board had requested him to state to the Board the particular jurisdiction of the Board in this matter. Mr. Pitcoff said that in view of the record in this case to date which he had reviewed , it was his con- sidered opinion that the Board should vote "Leave , -uo Withdraw Without Prejudice" . Mr . Gray stated that on account of reasons that he had, he did not intend to vote on this particular case at this time , whereupon under the Statute asmade and provided he designated Associate Member Emery P. Tanch as a voting member in this case . This was adopted without objection. Emery P. Tanch moved that the Petitioner in this case be given Leave to Withdraw Without Prejudice ; Joseph F. Doyle seconded the motion; the vote as recorded by the Secretary is as follows : In favor of the motion by Mr. Tanch - - Joseph F. Doyle , James Boulger, Arthur Labrecque , Emery Tanch. William F. Abbott opposed . G BOARD OF APPEALS , BY moo_/6�� .a . / SecretP;x!y r CO rn y �Yfu of `�� knit 2I$S� r4usetfs �� V rn rn _ c� (� v` its �l5 x- _ rn 2 PIIMrb of v ra m � �T WILLIA JAMES P. ABBOTT DECISION ON PETITION OF SWAMPSCOTT MOTOR SERVICES, RNCV JA MFS H. BOULGER ' JOSEPH F. COYLE TO CONDUCT A RADIO-DISPATCH TYPE OPERATION FOR A TAXI JOHN M. GRAY. SR. CAB BUSINESS AT 106 BRIDGE STREET. ARTHUR LABRECOUE EMERY P, TANCH J. NORMAN WELCH, JR. Petitioner through Counselor Richard Coughlin appealed to the Board of Appeals for a Special Permit to operate a radio dispatch type operation to be used by the Petitioner in his taxi cab business . A hearing was held on this petition on August 23, 1971 in the Council Chamber in City Hall , pursuant to notices mailed postpaid to the petitioner, his attorney , abutters , Board members , and others , and advertisements pub- lished in the Salem Evening News , advising of this Public Hearing. Board members present included William F. Abbott , James H. Boulger, Joseph F. Doyle , Chairman John M. Gray, Sr. , and Arthur Labrecque , and associate member Emery P. Tanch. , Richard Coughlin, 23 Central Avenue , Lynn, Massachusetts , Counselor, appeared for the Petitioner, Swampscott Motor Services , Inc . , and stated that in accordance with the petition, the applicant intended to use the Wuemises at 106 Bridge Street , Salem, as a radio dispatch station. Mr. ghlin introduced a dispatcher who worked for Mr. Kelly, President of Petitioner company, and he explained the workings of the dispatcher. Joseph O 'Keefe , Councillor of Ward II in which ward this dispatch station is to be located, stated that he and many of his constituents were opposed to the granting of this petition. No decision was reached at this hearing, and it was voted unanimously by the Board to hold further discussions on this application at a special meeting of the Board members only on September 13 . Board members present at the meeting on September 13 included Chairman John M. Gray, Sr. , William F. Abbott , James H. Boulger, Joseph F. Doyle , Arthur E. Labrecque , and Associate Member J . Norman Welch, Jr. After due consideration, Mr. Doyle moved that the petition as requested by Petitioner be granted; this motion was duly seconded. The vote was as follows : In favor of granting petition - Mr. Abbott , Mr. Boulger, Mr. Doyle , and Mr. Labrecque . Mr. Gray abstained from voting. CITY OF SALEM BOARD OF APPEALS, SPECIAL PERMIT GRANTED AS REQUESTED, S e c r e,�a ry /L „Gna rrL :X (111i#g of �$ah m, WILLIAM F. AO.QTT JAMES H. SOULc[N DECISION ON PETITION OF GLOVER B. PREBLE, JR. , 10s1 F. ,,A' SALEM HARLEY-DAVIDSON COMPANY, INC . , TO ERECT nITnL, TL40 STORY ADDITION TO REAR OF EXISTING STRUC- TURE AT rear of 2311-240 BRIDGE STREET. J. rvJrsM nv nl. , Ja. Petitioner appealed to the Board of Appeals to vary the terms of the City Zoning Ordinance with regard to lot area , and side and rear yard requirements affecting a proposed addition to be erected at rear .of 234-240 Bridge Street . A hearing was held on this appeal on Wednesday, October 27 , 1971 , pursuant to entices mailed postpaid to the petitioner, abutters , board members , and others , and advertisements published in the Salem Evening News . Members present at this hearing included John M. Gray, William F. Abbott , Arthur Labrecque , and Norman Welch. Petitioner appeared with Mr. Hilwig who had prepared the plans ; the case was stated the same as in the original appeal on file ; additional space is necessary to provide adequate storage facilities ; present business activities would not be substantially increased; the site in question .is unused and is presently of no use to anyone . No one appeared in opposition. The Board members studied the facts presented and found that the location is an ideal site for the business conducted there ; it is in an Industrial cone where density requirements of the Ordinance are substantially greater than those required in the business districts ;, the Board further found that a' hardship could be relieved by granting the variance as requested without derogating from the intent and purpose of the Ordinance and without causing detriment to the public good, and for these reasons voted unanimously to grant this appeal . VARIANCE GRANTED. CITY OF SALEM - - BOARD OFGAPPEA'. ti w v BY L6� C.�C� r� ✓ Acting Secretary u o �� 7 of T h � rl ! Pr ??fcS� iTt, C� cISiIC� 1IPII�a � p Nuur� of p ral 0 r r R7 JnMu n, e°o wEa fT:;'l (7• DECISION ON PETITION OF HARRIS S . KNIGHT N rn REALTY COMPANY FOR VARIANCE AS IT AFFECTS USE OF PROPERTY IN B-4 ZONE C7 � The petitioner , through its attorney, George P. Vallis, appealed directly to the Board of Appeals from the provisions of the Zoning Ordi- nance as it affects the use of property situated at 17 Canal Street for use as a restaurant and° lounge serving alcoholic beverages. A hearing was held on this petition on October 27 , 1971, pursuant to notices mailed to the petitioner, his attorney, abutters, board members , and others , and advertisements were duly published in the Salem Evening News . .Attending the. meeting were Board Members, John Gray, William Abbott, Arthur Lebreccue and J. Normarn Welch, Jr. Mr. Vallis appeared for the petitioner and explained that he proposed to lease a portion of the building for use as a restaurant and drinking lounge. It was pointed out that this proposed use is permitted in B-2 and B-3 Zones but for scme. inexplicable reason the proposed use was not included in a B-4 Zone in spite of the fact that presently in Salem there are at least five similar establishments in B-4 Zones. Mr. Vallis also named abutting and neighboring businesses which are plainly of commercial use. No. one appeared in opposition. After studying the facts presented in this case , the Board found that granting a variance would alleviate hardship to the petitioner as it believes rr m M, n WIIL�PM F, POtlOTT J4ME5 K SOULGER -2- JO:.t I)- -i m •• 10.,1 M neT H, n Lnr+s¢ycE �-ry 3 - that the ordinance did not intend to omit the proposed use in the B-4 Zone and further found that to grant the variance as requested would in no way derogate from the intent of the district and would cause no detriment to the public good and for these reasons voted unanimously to grant the variance. Variance granted. • BOARD OF APPEALS By z ✓ _Z�.CDVUI . RECEIVED (14.14 of �$alrm, �I�SS�zcl�LtsE##s PR 19 10 30 AM '71 Poarb of �yyettl u.` a CITY CLE!�j,'S OFFICE WILLIAM F. ABBOTT SALEME C'1�SS DECISION ON PETITION OF ELAINE GREVELIS FOR A SPECIAL JAMES H. SOULGER JOSEPH F. DOYLE PERMIT TO INSTALL A SWIMMING POOL AT 7 CAULDRON COURT. JOHN M. GRAY, SR. ARTHUR LABRECOVE EMERY P. TANCH J. NORMAN WELCH. JR. Petitioner appealed by direct appeal to the Board for a Special Permit to install a swimming pool, in accordance with the City Zoning Ordinance, Section V, Paragraph B, Subparagraph 1 - e. A hearing was held on this appeal on April 26, 1971, pursuant to notices mailed postpaid to the petitioner, board members, abutters, and others, and advertisements published in the Salem Evening News, advising of this hearing. All Board members were present, excepting Mr. Doyle who was unable to attend. Petitioner' s appeal was presented; because of crowded highways and polluted waters at public beaches, it was felt that a private swimming pool in their own yard would provide the family with supervised recreation under safer and more sanitary conditions; plan showing location of pool was presented. George Pleau, 76 Valley Street, appeared in opposition; he stated that in his opinion installation of a swimming would cause damage to the foundation. She Board was of the opinion that a special permit for which application is made is in harmony with the purpose and intent of the Ordinance, and should be granted. Record of this meeting is on file with all data furnished for this hearing. By unanimous vote , the Board therefore voted to grant a Special Permit to install and, maintain said pool as requested, subject to the following CONDITIONS: 1. Bona fide effort made to minimize noise and lights in order to avoid disturbing privacy of neighbors. 2. Use of the pool shall cease at 10:00 P.M. 3. Pool shall be constructed and maintained in accordance with the General Laws of the Commonwealth of Massachusetts, applicable to Swimming Pools, . and the rules and regulations of the City of Salem Building Code, Board of Health, Electrical Department, Police .Department , and Zoning Ordinance, 4. Pool shall be surrounded on all sides with a permanent wall or fence at least four feet high; the fence shall have a locking device and a closing device so as to keep the-gate shut at all times; a minimum of one ladder, stair, ledge or standup area , not over three feet below water surface shall be provided for each seventy-five feet of perimeter; fence shall have only one opening, three feet maximum width. c , 2 5. Pool shall be constructed of materials that will provide a structurally sound and tight tank with impervious surfaces that are easily cleaned. 6. No swimming pool or appurtenances thereto shall be installed or altered until a building permit has been obtained from the Building Inspector who may issue such permit 21 days from the date stamped on this decis- ion in the office of the City Clerk. --C N m SPECIAL PERMIT GRANTED WITH CONDITIONS, r_. _ fTi,r,' r T . W ;� CITY OF SALEM - - BOR° D AE_�EALSq BY , L / Acting Secretary w • • �-3 JUL 19 116 ftI 71 Pourb of CITY CLE:r i','S OFFICE 7 . 29 . 71 WILLIAM F. ABBOTT SALEM, LASS. _ JOSEPH F. DOYLE DECISION ON PETITION OF L'UCILLE E . LABRECUE FOR A SPECIAL JOHN R GRAY. SR. PERMIT TO INSTALL., A SWIMMING i•'iING POLL AT 2 '- r . u ARTHUR LABRECOUE 7 =7CLE :-L4.r . EMERY P. TANCH J. NORMAN WELCH,JR. ' The Board members have the facts presented to the meeting, together with a Plot plan showing location of pool , and are of the opinion that a Special Permit for which application is made is in harmony with the purpose and in- tent of the Ordinance , and should be granted . Record of this meeting is on file with all data furnished for this hearing. By unanimous vote , the Board has therefore voted to grant a Special Permit to install and maintain said pool as requested, subject to the following CONDITIONS- 1 . Bona fide effort made to minimize noise and lights in order to avoid disturbing privacy of neighbors . 2 . .Use of the pool shall cease at 10: 00 P .M. 40 Pool shall be constructed and maintained in accordance with the General Laws of the Commonwealth of Massachusetts , applicable to Swimming Pools , and the rules and regulations of the City of Salem Building Code , Board of Health, Electrical Department , Police Department , and the Zoning Ordinance . 4 . Pool shall be surrounded on all sides with a permanent 'wall or fence at least four feet high; the fence shall have a locking device and a closing device so as to keep the gate shut at all times ; a minimum of one ladder, stair, ledge or standup area , not over three feet below water surface shall be provided .for each seventy-five feet of perimeter; fence shall have only one opening, three feet,'maximum width'. 1 5 • Pool shall be constructed of materials that will provide a structurally -nd and tight tank with impervious surfaces that are easily cleaned. 6 . No swimming pool or appurtenances thereto shall be installed or altered until a building permit has been obtained from the Building Inspector who may issue such permit 21 days from the date stamped on, this decis- ion in the office of the City Clerk. 0 -- SPECIAL PERMIT GRANTED WITH CONDITIONS. BOARD. OF APPEALS, BY / Secretary/ R r. yr (T,itg of �a1Cm, �� assaCl� oE utts ( ' /n AuG 10 3 25 PH 'l I u�r� of ett1 kiC n��ac' CITY Ci ::','o urFICE SALEH, HASS. W'LL'AM P. ABBOTT DECISION ON PETITION OF JOSEPH E. AND GERMAINE FRASER JAMES R. BOULDER JOSEPH P. DOYLE 5 CLEVELAND STREET JOHN M. CRAY, SR. ARTHUR LABRECOUE i EMERY P. TANCH - - J. NORMAN WELCH, JR. Petitioner on direct appeal , petitioned the Board of Appeals to vary the terms of the Zoning Ordinance to permit conversion of a single family dwelling to a two dwelling unit , at 5 Cleveland Street . A hearing was held on this appeal on July 28 , 1971 , pursuant to notices . mailed postpaid to the petitioner, board members , abutters , and others , ' and advertisements published in the Salem Evening News advising of this public hearing. All Board members were present at this hearing, including Associate Member Emery Tanch, Jr. Petitioner appeared and explained the case the same as in the original ap peal on file . Council President Joseph R. Ingemi and Councillor John H. Burke submitted in writing a memo to the effect that they wished to be re= rded in favor of granting this appeal . Councillor Burke appeared at the •o wring, and pointed out to the meeting there are many existing two and three family dwellings in the immediate area ; in fact , this small R-1 °zone , for single family dwellings , abuts an R-2 zone on the next parallel "street , primarily zoned for two family residences . No one appeared in opposition. The Board Members studied the plans submitted and the facts presented at this meeting, and it was the general opinion of the members that this structure could be converted to two-family occupancy without derogating from the intent and purpose of the Ordinance and without detriment to the . public good; also, the family has decreased in numbers , and there 'is ,no longer any necessity or reason to occupy the entire premises as a. one fam- ily dwelling, and for these reasons , voted unanimously to grant petitioner ' s appeal that he be allowed to convert this structure to a two family residence- : APPEAL GRANTED. BOARD OF APPEAL, �/ Secretary RECEIVED Ott o ` 2Ikm' asst LtSdis JUL 29 3 25 PH 71 �,'x,uttrb of �a]`yy, Q 1 ---GiT FICE - SALM HASS --- - WILLIAM F. ABBOTT JAMES H. BOULDER DECISION ON PETITION OF RICHARD L. DESJARDINS FOR A JOSEPH F. DOYLE JOHN M. GRAY, SR. SPECIAL PERMIT TO INSTALL A SWIMMING POO., AT j-L, CO_ui°-US_ ARTHUR LABRECOUE AVENUE . EMERY P. TANCH J. NORMAN WELCH. JR. The Board members have the facts presented to the meeting, together with a plot plan showing location of pool , and are of the opinion that a Special Permit for 'which application is made is in harmony with the purpose and in- tent of the Ordinance , and should be granted . Record of this meeting is on file with all data furnished for this hearing. By unanimous vote , the Board has therefore voted to grant a Special Permit to install and maintain said pool , as requested, subject 'to the following CONDITIONS : 1 . Bona fide effort made to minimize noise and lights in order to avoid disturbing privacy of neighbors . 2 . Use of the pool shall cease at 10 :00 P.M. iPool shall be constructed and maintained in accordance with the General Laws of the Commonwealth of Massachusetts , applicable to Swimming Pools , and the rules and regulations of the City of Salem Building Code , Board of Health, Electrical Department , Police Department , and the Zoning Ordinance . 4 . Pool shall be surrounded on all sides with a permanent wall or fence at least four feet high; the fence shall have a locking device and a closing device so as to keep the gate shut at all times ; a minimum of one ladder, stair, ledge or standup area , not over three feet below water surface shall be provided for each seventy-five feet of perimeter; fence shall have only one opening, three feet maximum width. 5. Pool shall be constructed of materials that will provide a structurally sound and tight tank with impervious surfaces that are easily cleaned . i 6 . No swimming pool or appurtenances thereto shall be installed or altered until a building permit has been obtained from the Building Inspector who may issue such permit 21 days from the date stamped on this decision in the office of the City Clerk. BOARD OF APPEALS, SPECIAL PERMIT GRANTED WITH CONDITIONS . BY �c zyt Secretary J, ' Vc R� � �u 7K��kGL' EA VLY6ML �J �// er:� ,,r.�; orf of 111 '�- .� k 17 11 3o AM II CApInal CITY CLi.i, .' . OFFICE WILLIAM E. ADSOTT SALEMDtI6�ION ON PETITION OF DANTE P. D' APRILS, SALEM WELDED JAMES H. UOULGEH JOSEPH F. OOYLE PRODUCTS COMPANY, INC . , TO ERECT ADDITION TO E:%;IST-ENG JOHN M. GRAY, SR. STRUCTURE AT 20 COMMERCIAL STREET ARTHUR LAUHECOUE EMERY P. TANCH J, wCLCH. JR. The Inspector of Buildings refused to issue a permit to erect an addition to an existing structure at 20 Commercial Street, because of nonconformity with the density requirements of the City Zoning Ordinance , and advised petitioner of his right to appeal to the Board of Appeals to vary the terms of the . Ordinance . Petitioner through his Attorney, Thornton Lallier, appealed to this Board and a hearing was held on this petition on May 24 , 1971 , pursuant to notices mailed postpaid to the petitioner, his attorney, abutters , board members , and others , and notices published in the Salem Evening News , ad- vising of this public hearing. All board members were present at this hearing, excepting Mr. Doyle and Mr, Welch. .unselor Lallier appeared and explained the case the same as in the orig- . .131 appeal on file ; petitioner has owned this land and buildings thereon since 1961 , and the business of welding has been a continuous operation since that time ; the business has improved and necessitates physical ex- pansion and increased personnel ; when property was purchased it was un- derstood that the existing Zoning Ordinance placed no restrictions on existing buildings in this Industrial district with regard to 'alterations , expansion or reconstruction for any purpose or use authorized' in said districts ; the City Zoning Ordinance as amended in 1965 has placed an unnecessary hardship on the Petitioner in that he can not alter or enlarge his building or structure to meet the increased needs of business, and insure safe working conditions for his employees . No one appeared in opposition. The Board carefully studied all of the facts presented in this case , and. found that this district was zoned for Industrial uses when Petitioner purchased his property; that the Zoning Ordinance effective at that time stipulated "In the Industrial districts , new buildings and structures may be con- structed and used, and existing buildings and structures may be altered , enlarged, reconstructed , and used for any purpose or accessory use author- ized in the business districts , and any industry , trade , manufacturing, commercial or other purpose not otherwise prohibited by this section or any law or ordinance" I. ♦..;...:,«..s....... -Y�� ..,.......r.:.. ... .. _..�:v--:........:..;:`�....--der; ,.x. ,w„..+:�r .. � _,...�.>,,,,,a„y h._:,,r-F-. +. ........ ,,._.,.. ».......__.-....u.....�..:1._... y, One Board found that a severe hardship to petitioner may be relieved ,by -ranting the variance as requested to permit expansion of his business and to provide increased space- for more convenient and. safer conduct of --this operation, and for these reasons , voted unanimously to grant the variance as requested. .Appeal. Granted BOARD OF APPEALS, 7 BY (Acting)/ Secretary c. Lj w c = ZE Ul ti "max cx Fr 01 t Of SAMIm ffla6SaC4UU# CE'.VEc f� uttrD of � Ett1 SPR 2a 2 29 PH '71 CITY CLE`V"'e;; f { } _ 2 _ Pool shall be constructed of materials that will provide a structurally sound and tight tank with impervious surfaces that are easily cleaned. 6. No swimming pool or appurtenances thereto shall be installed or altered until a building permit has been obtained from the Building Inspector who may issue such permit 21 days from the date stamped .on this decision in the office of the City Clerk. c-� r r m rn m n z to SPECIAL PERMIT GRANTED WITH CONDITIONS. _'' m_ n�; o < v c i T. BOARD OF APPEALS - CITY OF SALEM BY ��.4Yisrt! CSC/-e Acting Secretary • t ... . .♦ . .....ata _ J V e�.GO\l lu�J'r !� RECF!.' D T1tu of '�5'alera' ON 3 1 f 41 saF y renl kEoams.W' '. CITY C' ;;. ABBOTT SAL 6161 4CIbN PETITION OF NORMAN C . MARQUIS FOR A SPECIAL WILLIAM F. PERM TO INSTALL A SWIMMING POOL AT 16 CRESCENT DRIVE. JAMES H. ROULGER JOSEPH F. DOYLE JOHN M. GRAY, SR. ARTHUR IARRECOUE EMERY P. TANCH J. NORMAN W6LC H, JR. The Board members have the facts presented to the meeting, together with a plot plan showing location of pool , and are of the opinion that a Special Permit for which application is made is in harmony with the purpose and in- tent of the Ordinance, and should be granted. Record of this meeting is on file with all data furnished for this hearing. By unanimous vote , the Board has therefore voted to grant a Special Permit to install and maintain said pool , as requested, subject to the following CONDITIONS• 1 . Bona fide effort made to minimize noise and lights in order to avoid disturbing privacy of neighbors. 2 . Use of the pool shall cease at 10:00 P.M. . 3. Pool shall be constructed and maintained in accordance with the General Laws of the Commonwealth of Massachusetts, applicable to Swimming Pools , and the rules and regulations of the City of Salem Building Code , Board of Health, Electrical Department , Police Department , and the Zoning Ordinance . 4. Pool shall be surrounded on all sides with a permanent wall or fence at least four feet high; the fence shall have a locking device and a closing device so, as to keep the gate shut at all . times ; a minimum of one ladder, stair, ledge or standup area , not over three feet below water surface shall be provided for each seventy-five feet of perimeter; fence shall have only one opening, three feet maximum width. 5. Pool shall be constructed of materials that will provide a structurally sound and tight tank with impervious surfaces that are easily cleaned. 6 . No swimming pool or appurtenances thereto shall be installed or altered until a building permit has been obtained from the Build- ing Inspector who may issue such permit 21 days from the date stamped on this decision in the office of the City Clerk. SPECIAL PERMIT GRANTED WITH CONDITIONS. . BCARD OF APPEALS, BY 'Acting] Secreta-; � y RECEIVED !, 'JUL 19 116 i 17 'd I Foam of Appeal TY( `CL E{{cLC1,�V'S [OFFICE-- — 7 29 71 .JkWILLIAM F. ABBOTT MASS, JAMES M. ROUL.E. JOSEPH F. OOYLE -DECISION ON PETITION Or JOHN C , SATO-':7 70D A S? ;C:.AL PEP-MIT JOHN M. GRAY, SR. ARTHUR LABRECGUE TO INSTALL A SWIMMING POOL AT 11 CRESSZY AVENUE. - -- EMERY P. TANCH J. NORMAN WELCH, JR. The Board members have the facts presented to the meeting, together- with a plot plan showing location of pool , and are of the opinion that a Special Permit for which application is made is in harmony with the purpose and in- tent of the Ordinance , and should be granted. Record of this meeting is on file with all data furnished for this hearing. By unanimous vote , the Board has therefore voted to grant a Special Permit to install and maintain said pool as requested, subject to the following CONDITIONS: 1 . Bona fide effort made to minimize noise and lights in order to avoid ,disturbing privacy of neighbors . 2 . Use of the pool shall cease at 10 : 00 P.M. Pool shall be constructed and maintained in accordance with the General Laws of the Commonwealth of Massachusetts applicable to Swimming Pools , and the rules and regulations of the City of Salem Building Code , Board of Health, Electrical Department , Police Department and Zoning Ordinance . 4. Pool shall be surrounded on all sides with a permanent wall or fence at least four feet high; the fence shall have a locking device and a closing device so as to keep the gate shut at all times ; a minimum of one ladder, stair, ledge or standup area , not over three feet below water surface shall be provided for each seventy-five feetlof perimeter; fence shall have only one opening, three feet maximum width. j . Pool .shall be constructed of materials that will provide a structurally sound and tight tank with impervious surfaces that are easily cleaned. 6 . No swimming pool or appurtenances thereto shall be installed or altered until a building permit has been obtained from the Building Inspector who may issue such permit 21 days from the date stamped on this decis- ion in the office of the City Clerk. BOARD OF APPEALS, SPECIAL PERMIT GRANTED WITH CONDITIONS . BY J Secretary " 7371 „ r h (Tito of "5'akln' ward Vf ' `Yyml "vId.mi"r`, WILLIAM F. ABBOTT JAMES H. BOULDER DECISION ON PETITION OF THOMAS L; ROBS! FOR A SPECIAL JOSEPH F. BOYLE PERMIT TO INSTALL A SWIMMING POOL t.^ i� C S:iING S"3 ? T. JOHN M. CRAY, SR. f ARTHUR LASRECOUE EMERY P. TANCH J. NORMAN WELCH, JR. The Board membgrs have the facts presented to the meeting, together with a plot plan showing location of pool , and are of the opinion that a Special Permit for which application is made is in harmony with the purpose and in- tent of the Ordinance , and should 'be granted. Record of this meeting is on file with all data furnished for this hearing. By unanimous vote , the Board has therefore voted to grant a Special Permit to install and maintain said pool , as requested, subject to the following CONDITIONS : 1 . Bona fide effort made to minimize noise and lights in order to avoid disturbing privacy of neighbors . 2 . Use of the pool shall cease at 10 : 00 P M. Pool shall be constructed and maintained in accordance with the General Laws of the Commonwealth of Massachusetts , applicable to Swimming Pools , and the rules and regulations of the City of Salem Building Code , Board of Health, Electrical Department , Police Department , and the Zoning Ordinance . 4 . Pool shall be surrounded on all sides with a permanent wall or fence at least four feet high; the fence shall have a locking device and a closing device so as to keep the gate shut at all times ; a minimum of one ladder, stair, ledge or standup area , not over three feet below water surface shall be provided for each seventy-five feet of perimeter; fence shall have only one opening, three feet maximum width. 5 . Pool shall be constructed of materials that will provide a structurally sound and tight tank with impervious surfaces that are easily cleaned. 6 . No swimming pool or appurtenances thereto shall be installed or altered until a building permit has been obtained from the Building • Inspector who may issue such permit 21 days from the date . stamped on .this decision in the office of the City Clerk. 0 BOARD OF APPEALS, SPECIAL PERMIT GRANTED WITH CONDITIONS . BY A �:a�/ Secrei a� yy v i RE [i ; (017, '�i �4� �cl�l'?Y�y ���;�.21Srat�.'C?� tI I � I `rf SkF E DEC 21A� ON PETITION OF RICHARD A. MA'ITOb , CRUS' I;E; a6orr 1 biA ECT TWO TWO-FAMILY DWELLINGS ON LOTS .T_ ANL M MLE "' 6O E"' DAY AVENUE . ,osEan a. oov,.E � - This was a direct appeal to the Board oaf' Ap;>eai.s in behvi.f EmEav a. rn"ca of Richard A . ,Matton , Trustee , to erect a two f'�,miiy divel: - on each of two lots owned by him on Dz:y Avenue , Lot 'L and Lot M, in a (_; strict zoned four two family residences . A hear.in was held on this petition on September 20 , 1.971 , pursuant to notices mailed postpaid to the pu !,iLioner in care of his coi:.^selor, abutters , board members , and others , and ;_advertisements duly publ : she,: in the Salem Evening News, advising of this public hearing. A7... Bo<.rdmembers excepting Ar. Gray and Ar. Labr c .e were present . Counselor John Crean appeared for the yeti-ti.oner, and expl<,i.ned the case the same as in the appeal on file ; his client is the owner of two lots of lane; on Day Avenue , namely Lot L and Lot; M, on each of which he proposes to erect a two family dwelling; the Ordinance requires a lot area of. 7000 square feet in this district , and petitioner ' s plan shows e-ch lot size to be 6023 . 2 square feet . �pear_ing opposed to granting this appeal. were the Ward Councillor Edmond 'erron, abutters , and many neighbors . A document protesting granting this variance , containing fifteen signatures of abutters and other residents of Day Avenue was presented and becomes an integral part of the file on this case . The following is" a summary in brief of some of ;:.heir objections : Granting of an easement by the abutters on Day Avenue to the former to diff a trench for the purpose of installing a water line with the standing and condition .that one single family dwelling wcula be er:aote:i, which was verified on May 15-16 , 1966 , by the former oj:n.e.r, :-:is c: rne} and an abutter, waswithdrawn and the City Planning Bo.ard was no ,.ifi, because of failure to execute original intent ; reference was made of refusal by the Planning Board to allow petitioner to extend .sewera.­-e on Day Avenue for reasons by the then City Engineer, Mr—Neal B. Mi .,chelll . After studying the facts presented, the members found that on July 28 , petitioner was notified by the City Planning Board that approval to ex:: the sewerage on Day Avenue was denied for reasons listed in a letter from the City 'Engineer, dated May 26 , 1967 , and was advised to have his eng_Jnec.r confer with the City Engineer and answer all his criticises , after which a new plan might be submitted'. The Board contacted the City Engineer and requested his advice and counsel i,,, hi-s lindings on exi.sti.n,; utilities in Day A�,enue , and instal , .: ,.:: z.dd.!. , ion.:,]_ utilities to sc !.ry _ce t71e proposed s !,ructures which ti,, 1';,m i-lies each, . The fo l Lowing is a copy of Mr. Telford ' s 2 "In .response to your request for information regarding utilities on Day Avenue , I submit the following report . Levels taken at the site indicate the existing sanitary sewer can not be extended in a southwesterly direc- tion if the present road grade is maintained, and minimum acceptable limits of cover and slope are maintained. Note should be made that any change in profile will have to be approved by the Planning Board, provis- ion made for drainage, slope easements taken or provisions made for koop:i.iig fi].]. off abutting private property, and the existing 40 foot I -yornt, m�j:intained.. "There is no water main in Day Avenue. Existing houses are on copper services that extend to Linden Street with one 1" service supplying two of the houses" . The Board members voted unanimously to deny the appeal . APPf;AL DENIED. CITY OF SALEM - - BOARD OF APPEALS, BY x ( Secretary o us r -r 3 B-- a r U 7 5 �'CON01'li situ of '*ale.n, 'Vassachuutts T q 9 S' T6Ae�inae cN�'e'r Department of jatthfir Works RALPH W. TEDFORD CITY ENGINEER November 17 , 1971 Board of Appeal City of Salem Re: Day Avenue Salem, I°9ass. Gentlemen: In response to your request for information regarding utilities on Day Avenue , I submit the following report. Levels taken at the site indicate the existing sanitary sewer cannot be extended in a southwesterly direction if the present road grade is maintained , and minimum acceptable limits of cover and slope are maintained. Note should be made that any change in profile will have to be approved by the Planning Board, provision made for drainage , slope easements taken or provisions made for keeping fill off of abutting private property, and the existing 40 foot layout •, maintained. There is no water main in Day Avenue. Existing houses are on copper services that extend to Linden Street with one 111 service supplying two of the houses. Very truly yours , - RALP i "AQ. TEDFORD CITY ENGINEER y 2/ <�yco»nrq N ai. > tire^ dai—C , 61; "T A, �1It1 DcY�PIII� �C£i5�ti1$$PS MIT, m az N n _ rn ' ? �Boarb of 'Ayyral WILLIAM F, ABBOTT 6 • 22 • '71 �' O JAMES H. SOVLGLE JOSEPH F. DOYLE JOHN M. GRAY, SB. DECISION ON PETITION OF SHIRLEY AND DELMORE LE FLEUR ARTHUR LABHECODE TO INSTALL A Sl;TMMTNG POOL AT 8 DEARBORN STREET. .EMERY P. TANCH J. NORMAN WELCH. JP. PETITION HF,ARD BY APPEALS BOARD - 6 . 21 . 71 The Board members have the facts presented to the meeting, together with a plot plan showing location of pool , and are of the opinion that a Spec- ial Permit for which application is made is in harmony with the purpose and intent of the Ordinance , and should be granted . Record of this meet- ing is on file with all data furnished for this hearing. By unanimous vote , the Board has therefore voted to grant a Special Permit to install- and maintain said pool as requested , subject to the following CONDITIONS: 1 . Bona fide effort , made to minimize noise and lights in order to avoid disturbing privacy of neighbors. 2 . Use of the pool. shall cease at 10 : 00 P.M. 3. Pool shall be constructed and maintained in accordance with the General Laws of the Commonwealth of Massachusetts , applicable to Swimming Pools , and the rules and regulations of the City of Salem Ruildin;, Code , Board of Health, Electrical Department , Police Department , and the Zoning Ordinance . 4 . Pool shall be surrounded on all sides with a Permanent wall or fence at least four feet high ; the fence shall have a locking device and a closing device so as to keep the gate shut at al.l. times ; a mi.ninium of one .ladder, stair, ledge or standup area , not over three feet below water surface shall be provided for each seventy-five feet of periffleter; fence shall have only one opening, three feet maximum width . . 5. Pool- shall be constructed of materials that will Drovide a struc- turally sound and ti.,,ht tank with impervious surfaces that are easily cleaned . 6 . No swimming pool or appurtenances thereto shall be installed or altered until a huilding permit has been obtained from the Build- ing Inspector who may issue such permit 21 days from the date stamped on this decision in the office of the City Clerlc. SPECIAL PERMIT GRANTED WITH CONDITIONS. BOARD OF APPEALS, BY �) Actin Secretary 1 .3 11itu of WILLIAM F. ABBOTT JAMES H. BOOLOFA - DECISION ON PETITION OF MADELINE T. KILEY TO OCCUPY JOSEPH P DOME THTRD FLOOR PREMISES AT 12.',- DEARBORN STREET AS A `"" M. nIIIII, `A S1\TH APARTML,VT. Petitioner appeal-ed. to the Board. of Appeals for permission to occupy the third floor premises at 12 "- Dearborn Street as a sixth apa-rtmenc in a district zoned for two-family residences . A hearinC was held on this appeal. on October ?'7 , 19'71 -pursuant tornti.ces mailed Postpaid to the petitioner, abutters , board members , and others , and id\,LrFisements duly published in the Salem Evening News advising of this Pi:blic Hearing. Board m,mmbers present at the hearing -included the Chai-rm-in John M. Gray, Ac ,. rn,; Secretary William Abbott , Arthur Labrecque , and Norman Welch . Mr. Charles Speleotis and Mr. Kiley appeared for the petitioner; Mr. Kiley explained the case the same as in the original appeal on file ; 12 . and 12; Dearborn Street is a multiple dwelling to accomodate six families of which five ,re occupied; there has always been a bathroom , kitchen, and front . and rear stairways and. no new work is necessary or :required, other than to rep'_ ecc outmoded bathroom fixtures . No one appeared in opposition. Abutters submitted written approval . The Boardfound that occupancy of this structure as a six ft:mily dwelling _s of long standing although at the present time there are five units oc- cupied ; the P,oard further found that such occupancy existed pri:o.r .to adop- tion of the City Zoning Ordinance which designates this district as an R-2 zone for two family residences ,. and it was the general opinion of the Mem- bers to grant this appeal as requested would in no way- derogate .from The intent and purpose of the Ordinance .nor would granting the appeal cause det.rirncnt to the public good but would permit the petitioner to utilize entire structure for purposes for which it was originally intended , and for these reasons voted unanimously to grant the appeal as requested. APPEAL GRANTED. /CITY OF SALEM - - BOARD OF APPEA BY ,P— U Acting Secretar,,, t _-x w =J b O � i L ���' ~ Attu ofIem �J �z�E � kF r,AusY.�Nr WILLIAM E. ABBOTT DECISION ON PETI'T'ION OF THADDEUS WLODYKA TO ALTER JAMES H. BOULGER THIRD FLOOR PREMISES AT 91 DERBY STREET TO PROVIDE JOSE"" F. YLE JOHN M. GRAY, $R. ADDITIONAL APARTMENT. ARTHUR LABRECOUE EMERY P. TANCH J. NORMAN WELCH, JR. Petitioner appealed to the Board of Appeals for a hearing on his petition to alter the third floor premises at 91 Derby Street to provide an addi- tional apartment . On May 24 , 1971 a hearing was held on this appeal , pursuant to notices mailed postpaid to the petitioner, his attorney, abutters , Board Members, and others , and advertisements published in the Salem Evening News advis- ing of this hearing. All Board members excepting Mr. Welch and Mr. Doyle were present at this hearing. Counselor John R. Serafini appeared for the petitioner and explained the case the same as in the original appeal on file ; the dwelling is located .n an R-2 di`stri,ct , zoned for two-family residences . The Counselor pre- nted statements showing the iicome and expenses for the years 1968 , 1969 , and 1970 incurred at this locus ; thesestatements become an integral part of the documents presented in this case . Ward `.pCouncillor Louis Swiniuch appeared in favor of granting this appeal . No one appeared in opposition. The Board members reviewed all of the facts and plans presented in this case ; they found that the existing dwelling is on an undersize lot and was erected on the lot line ; they further found that on abutting prop- erties structures are located in very close proximity to this building, and that this building constructed on the boundary line is too close to ----the -next dwelling, and were of the general opinion that this presented a serious problem with regard to , fire hazard, and for these reasons the Appeals Board voted unanimously to deny this appeal . APPEAL DENIED. �9 BOARD OF APPEALS, cis BY J ;�C s?y Acting Secretary c Li M .i4 Cn `m L 'Jul tJ: J 7 CJ f t as a offrill �'�t1em, HttssrzclfusP##s w ..rte curb of ' �� " DECISION ON PETITION OF GEORGE H. BURKINSHAW TOcREADE� A VARIETY STORE AT 122 DERBY STREET TO PROVIDE"A4�ANY AOTUR— JAMES M E.BOULDER ING KITCHEN FOR WHOLESALE AND RETAIL BUSINESS T,y� J4ME5 N. BOVLG ER ESS � F12l CrT� JOSEPH P. OOYLE FLOOR, AND FUTURE OFFICE ON SECOND FLOOR. JJ. JOHN M. GRAY. S. ARTHUR LABRECOOE EMERY P. TYNCH J. NORMAN WELCH, JR. The Inspector of Buildings refused to issue a permit to alter the premises at 122 Derby Street to provide a first floor manufacturing kitchen and retail and wholesale salesroom, and to occupy the second floor for a loft or office , as the City of Salem Zoning Ordinance permits retail sale only of goods made on the premises , in this district . Petitioner appealed to the Board of Appeals , and a hearing was held on this appeal on June 21 , 1971 , pursuant to notices mailed postpaid to the petitioner, Board Members , abutters , and others , and advertisements pub- lished in the Salem Evening News advising of this hearing. Counselor Thomas Dolan of Central Avenue in Lynn, Massachusettes , appeared for the petitioner and explained the case the same as in the original ap- peal on file ; petitioner has been engaged in a wholesale business directly around the corner for the past four years ; the business is candy making; he owner of the building refuses to renew the lease ; petitioner has built ap a wholesale and retail business at that location; to move away from this area would cause considerable hardship to the petitioner because of the historical aspect of the candies involved with relation to the buildings and other operations in this waterfront area connected with the historic background of this City . Mr. Arthur Jannell appeared to voice his approval of allowing this appeal ; he is owner and operator of a business in the area . A Mrs . Obremski , an abutter, appeared and stated she would be in favor of granting this variance if certain restrictions , affecting her privacy, were included . Petitioner immediately agreed to abide by the conditions which Mrs . Obremski stipulated , and said conditions written by the abutter, now become an integral part of this decision. No one appeared in opposition. The Board reviewed the facts and plans presented with this petition; it was found that the . business would be appropriate for the district , and to relocate in another part of the City would cause hardship to the petitioner; they further found that the request of the abutter, Mrs . Obremski, was a reasonable one in view of the proximity of the structures involved; The Members felt that the proposed restoration of the premises would enhance the neighborhood . .r9 ` ! BOARD OF APPEALS (Burkinshaw' Petition After careful consideration of all of these factors , the Members voted Oanimously to grant a Special Permit to the petitioner, provided that e observes the stipulations mentioned above which briefly are as fol- lowE9 1 . The wall abutting the Obremski property will remain as is; there are to be .no changes made in this wall . 2 . Neither exhaust fans nor air conditioning units are to be installed in this wall . SPECIAL PERMIT GRANTED. BOARD OF APPEALS, BY Actin 19 Secretary. ` t_i L =i z <n nC" n to Irl r. T 2 ' W 2 *1 N � m �% 1-ati r� �- Gifu of alem, Aa95 r4U5etf5 Paurb of Appeal ��' rN WILLIAM F. ABBOTT JAMES H. BOULGER DECISION ON PETITION OF TOPSFIELD ENTERPRISES, INC. , JOSEPH `. YLE d.b. a . DERBY STREET .CITGO 245-249 DERBY STREET JOHN M. GRARAY, $R. � P ARTHUR LABRECOUE SALEM, MASSACHUSETTS, TO RENT VEHICLES FROM THIS LOCUS. EMERY P. TANCH J. NORMAN WdLCH, In. Pursuant to a notice of Public Hearing mailed postpaid to the Petitioner, his attorney, Board Members, abutters, and others, and advertisements pub- lished in the Salem Evening News, a public hearing was held on this appeal on March 31, 1971. All Board members attended this hearing, excepting Mr. Welch and Mr. Doyle who were unable to be present . Counselor John R. Serafini appeared for the petitioner and introduced evi- dence showing that he currently operated a gasoline station situated on a large lot of land located at the corner of Derby and Congress Streets; that there are entrances to the station from both sides; that both streets are very wide , and that the area is zoned for B-4 Wholesale and Automotive Uses, and among the permitted uses , it is clear that a gasoline service station and accessory uses were permitted. Ohe petitioner presented a plan of land showLng the approximate location of the areas to be used for the parking of the rented vehicles; it was noted that the areas were large, and that approximately thirty vehicles could be easily accommodated. No one appeared in opposition. After due consideration the Board found that to grant this Special Permit requested would not in any way derogate from the intent of the Zoning Ord- inance, and having in mind the areas in question and the uses already per- mitted, felt that to permit this additional use would not substantially impart from the intent of our Zoning Ordinance as, it pertains to the B-4 districts. It was therefore unanimously voted to grant the Petitioner' s request but with limitation so that the total number of vehicles would not exceed thirty for hire at any time. SPECIAL PERMIT GRANTED WITH LIMITATION. - CITY OF SALEM - - BOARD OF APPEALS, u. • W Ln u C� BY JA w Acting Secretary U3 J �v to UQ �y U A7 Otg of Salem, gassuchusetts Poura of �Vpral ..LIM.V. Waune+ F. APSOTT DECISION ON PETITION OF INEZ FOLSOM, TRUSTEE, -"TO 14.^S K 60ViGEA ERECT ADDITION TO EXISTING STRUCTURE AT7 DODGE STREET. JQSEVM F. UOYLE JVHry N, f.Hh V, pN, rHTri J•1 �(r HII.CU VF. I �UHM1'i4\ WCI.,V r, JH. Petitioner appealed to the Board. of Appeals to vary .the terms of the City Zoning Ordinance with regard to density regulations affecting lot width, lot coverage , and rear yard area , to permit addition to existing building. A hearing was held on this appeal on August 23, 1971 , pursuant to notices mailed postpaid to the petitioner, abutters , board members , and others , and advertisements duly published in the Salem Evening News advising of this public hearing. Board members present included William F. Abbott , James H. Boulger, Joseph F. Doyle , Chairman John M. Gray, Sr. , and Arthur Labrecque , andassociate member Emery P . Tanch. It was the general opinion of the members that additional information should be submitted before the Board could consider this appeal , and by unanimous vote of' the members a request was forwarded to petitioner to submit a plot plan, two complete sets of working plans , names of abutting property owners , and specific information regarding the exact place petitioner intends to use for parking purposes . Hearing was resumed on this appeal on October 27 , 1971 . The Board found that they would be unable to arrive at a decision on this appeal on the basis of material presented, and voted unanimously to grant petitioner leave to withdraw without prejudice . LEAVE TO WITHDRAW WITHOUT PREJUDICE'. UJ �-• CITY OF SALEM - - BOARD OF APPEALS, BY w — % X: Acting Secretary v LJ w O UQ y V a� �t r� ;r of RECEIVED C� JUL 16 Phi °71 �IIar� ui C�irMe�z� µO:>flvTA"' CITY CLr'�i;I ;'s OFFICE JAMES P. ULGER SAL �t-AWON ON PETITION OF FRANCES SCHRADER FOR A SPECIAL JAMES H. OOVLG Efl JOSEPH R. OOYLE PERMIT TO INSTALL A SWIMMING POOL AT 36 DUNLAP STREET. JOHN M, GRAY, SR. ARTHUR LABRECOVE EMERY P. TANCH J. NORMAN WELCH, JR. The Board members have the facts presented to the meeting, together with a plot plan showing location of pool , and are of the ,opinion that a Special Permit for which application is made is in harmony with the purpose and i_.- tent of the Ordinance , and should be granted. Record of this meeting is on file wi�data_ furnished for this hearing. By unanimous vote ; the Board has therefore voted to grant a Special Permit to install and maintain said pool , as requested, subject to the following CONDITIONS: 1 . Bona fide effort made to minimize noise and lights in order to avoid disburbing privacy of neighbors . 2 . Use of the pool shall cease at 10 : 00 P.M. • Pool shall be constructed and maintained in accordance with the General Laws of the Commonwealth of Massachusetts applicable to Swimming Pools , and the rules and regulations of the City of Salem Building Code , Board of Health, Electrical Department , Police Department , and the Zoning Ordinance . 4 . Pool shall be surrounded on all sides witha permanent wall or fence at least four feet high; the fence shall have a locking device and a closing dev ce so as to keep the gate shut at all times ; a minimum of one ladder, stair, ledge or standup area , not over three feet below water surface shall be provided for each seventy-five feet of perimeter; fence shall have only opening, three feet. maximum width. 5 . Pool shall be constructed of materials that will provide a structurally sound and tight tank with impervious surfaces that are easily cleaned . 6 . No swimming pool or appurtenances thereto shall be installed or altered until a building permit has been obtained from the Building Inspector who may issue such permit 21 days from the date stamped on -this decision in the office of the City Clerk. V BOARD OF APPEALS, SPECIAL PERMIT GRANTED WITH CONDITIONS . BY i Secretary ..ocos,rr,� e RE C E i Y E DZitU Of o5alCl2T, 13 a, . ..a T AUG N 3 34 PH III 29uttrb of Appeal I CITY OFFICE 8, 26.71 SAIEHMASS. WILLIAM F. ARRQTT JAMES H. ROVLGER JOSEPH F. YL DECISION ON PETITION JOHN M. GRAY, SR. OF ROBERT A. TREMBLAY TO INSTALL I ARTHUR LABRECOUE SWIMMING POOL AT 1 ENGLISH STREET. .EMERY P, TANCN J. NORMAN WELCH, JR. The Board members have the facts presented to the meeting, together with a plot plan showing location of pool, and are of the opinion that a Special Permit for which application is made is in harmony with the purpose and in- tent of 'the Ordinance , and should be granted. Record of this meeting is on file with all data furnished for this hearing. i I By unanimous vote , the Board has therefore voted to grant a Special Permit to installl and maintain said pool, as requested, subject to the following i CONDITIONS• i 1 . Bona fide effort made to minimize noise and lights in order to avoid disturbing privacy .of neighbors . 2. Usel'lof thelpool shall cease at 10:00 P.M. 3. Poo shall be constructed and maintained in accordance with the General . Law of the Commonwealth of Massachusetts, applicable to Swimming Pools , andithe rules and regulations of the City of Salem Building Code , Boat'd of Health, Electrical Department , Police Department , and the Zoning Ordinance ., 4. Pool shall be surrounded on all sides with a permanent wall or fence at least four feet high;.`, the fence shall have a locifing device and a closing device so as to keep the gate shut at all times; a minimum of one ladder, stair, ledge or standup area not over three feet below water surface shall be provided for each seventy five feet of perimeter; fence shall have only one opening, three feet maximum width. 'I 5. Pool shall be constructed of materials that will provide a structurally sound and tight tank with impervious surfaces that are easily cleaned. 6 . No swimming pool or appurtenances thereto 'shall be installed or altered until a building permitlhas been obtained from the Building Inspector who may issue such permit 21 days from the �date stamped on this decis- ion in the office of the City Clerk. BOARD OF APPEALS, SPECIAL PERMIT GRANTED WITHiICONDITIONS. / .. BY /Secretary �J t�CO>UITL V f�4J / it Cflifg of UlPm, tt �cc ease # �rr Jrwuyr.lss'� e WILLIAM F. ABBOTT L . 30. 7 1 JAMES H. BOULGER V / JOSEPH F. COYLE JOHN M. GRAY, SR. ARTHUR LABRECOUE EMERY P. TANCH - J. NORMAN WELCH, JR. - Mr. James A. Bailey , 120 Federal Street , Salem, Mass . Dear Sir: We are enclosing a revised copy of the decision of the Board of Appeals with regard to your petition for a variance at 81 Essex Street and 3 Orange Street . Through a clerical error, the original decision mailed out yesterday stated that Counselor Richard Daly appeared for the petitioner. . It was discovered today that Counselor Daly appeared for another petitioner. Very truly yours , (Acting�/ Secretary v,co>vTfiv " Chi#g of �z1�m, �z � c usBtts WILLIAM E. ABBOTT DECISION ON PETITION OF JAMES A. BAILEY FOR VARIANCE FROM JAMES H. BOULGER APPLICABLE DENSITY REQUIREMENTS OF CITY ZONING ORDINANCE JOSEPH E. OOYLE AFFECTING LAND AND EXISTING STRUCTURES THEREON AT 81 ESSEX JOHN M. GRAY, SR STREET AND 3 ORANGE STREET. ARTHUR LAORECOVE EMERY P, TANCH J. NORMAN WELCH, JR. Petitioner appealed to the Board of Appeals td vary the terms of the City Zoning Ordinance as it affects. existing structures at 81 Essex Street and 3 Orange Street . A hearing was held on this appeal on June 21 , 1971 , pursuant to notices mailed postpaid to the petitioner, board members , abutters , and others , and advertisements published in the Salem Evening News , advising of this public hearing. All Board members were present excepting Mr . Doyle and Mr. Gray . Petitioner appeared and explained the case the same as in the original appeal on file ; property consists of one parcel of land on which two dwellings are located; the structures were erected many years ago , prior adoption of zoning regulations ; owner wishes to divide property for rtgage purposes , having more than one dwelling on a lot of land has disadvantages ; there is ample parking for tenants of both buildings . No one appeared in opposition. The . Board members stj4died , the facts presented to the meeting, and the plan of land which had been submitted with the original petition on file ; the members found that to grant a variance would relieve a hardship to the petitioner in establishing particular land areas and setbacks from boundary lines for each existing dwelling; the ,members further found that granting such variance would cause no detriment to the public good and would in no way derogate from the intent and purpose of the Ordinance as abutting structures and many others in the immediate area are located on comparable sized lots and with similar distances to the boundary lines , and for these reasons , voted unanimously to grant the variance as request- ed, and advise petitioner to submit his plan with a Form A application for endorsement as not requiring Subdivision Approval , to the City Planning Board . VARIANCE GRANTED: BOARD OF APPEALS, BY 1L Wd ns C OE NO(' Acting Secretary I .t FtY.(.OSUI{,E ` � per. (fit T of �z�1�m, tt �zclusEs kq�pRSF.+r. WILLIAM E. ABBOTT DECISION ON PETITION OF JAMES A. BAILEY FOR VARIANCE FROM JAMES R. BOULDER APPLICABLE DENSITY REQUIREMENTS OF CITY ZONING ORDINANCE JOSEPH F. ROYCE JOHN M, GRAVE $R. AFFECTING LAND AND EXISTING STRUCTURES THEREON AT 81 ESSEX ARTHUR EABRECOUE STREET AND 3 ORANGE STREET. EMERY P. TANCH J. NORMAN WELCH. JR. Petitioner appealed to the Board of Appeals to vary the terms of the City Zoning Ordinance as it affects existing structures at 81 Essex Street and 3 Orange Street . A hearing was held on this appeal on June 21, 1971, pursuant to notices mailed postpaid to the petitioner, board members , abutters , and others , and advertisements published in the Salem Evening News , advising of this public hearing. All Board members were present excepting Mr. Doyle and Mr. Gray . C o d and explained the case for the petitioner; property consists of one parcel of land on which two dwellings are located; structures were erected many years ago prior to adoption of zoning regula- tions ; owner wishes to divide the property for mortgage purposes , having more than one dwelling on a lot of land has disadvantages ; there is ample Warking for tenants of both buildings . No one appeared in opposition. The Board members studied the facts presented to the meeting and the plan of land which had peen submitted with the original petition on file ; the members found that to grant a variance would relieve a hardship to the pe- titioner in establishing particular land areas and setbacks from boundary lines for each existing dwelling; the members further found that granting such variance would cause no detriment to the public good and would in no way derogate from the intent and purpose of the Ordinance as abutting structures and many others in the immediate area are located on comparable sized lots and with similar distances to the boundary lines , and for these reasons , voted unanimously to grant the variance as requested, and, advise petitioner to submit his plan with a Form A application for endorsement as not requiring Subdivision Approval , to the City Planning Board. VARIANC,'C G&NTED. BOARD OF APPEALS, LL�c cs Ln / o<n C• > C1 BY A-1 W :_T Acting Secretary U :W W J J 4 N r N V 3( C,,.,,,u l Lt 1 Of $aIM, fflaSSarhUSettS RECEIVED p Poarb of Appeal ices 5 3 37 PH '71 •'/M.r.'.a.r a'�� CITY CLI..r'.:,'S OFFICE SALEM. HASS. WILLIAM F. ABBOTT JAMES H. BOULGER JOSEPH F. DOYLE DECISION ON PETTTTON OF RICHARD ]dT\TICK AND DOT.?GLAS HALEY JOHN M. GRAY, SR. FOR A SPECIAL.. PERMTT FOR CHANGE. OF USE OF EXTSTTNG TWO- ARTHUR LVE EMERY TANCH RY P, TANCH FAMILY STRUCTURE,, AT 125 ESSEX STREET TO 13TJSTNESS PURPOSES. EME J. NORMAN WELCH. JR. The Inspector of Buildings advised the applicants that an appeal to vary the terms of the Zoning Ordinance must be obtained from the Board of Ap- peals before a change of use of the premises at 125 Essex Street could be allowed . The existing structure is a two-family dwelling located in an P-2 residential area , zoned for two family dwellings . Petitioners appealed to the Board of Appeals for a Spec.i ;Tl Permit to allow occepancy for professional offices , and a hearing was held onthis appeal. on March 2_9 , 19'7]. , pursuant to notices mailed postpaid to the petitioner, abetters , Board Members , and others , and advertisements published in the Falem Evening News . ., Board members present at this hearing included William Abbott , James Boul- ger, John Gray , Sr. , and Arthur Labrecque ; members unable to attend were Joseph Doyle , Emery Tanch, and Norman llelcb , Jr. oetitior,ers appeared and explained the case the same as in the original appeal on file ; the biii].di_nf;, is located on Essex Street and is surrounded by various types of business ; it is the only duelling between. the Hawthorne Pn-izlevard and Summer Street , other than the historic Pingree House which is open to the public for visiting; it is located on a small lot of land and provides neither yard area nor parking facil.iti-es ; .it is on the fr .nI, of the Central business district , and in view of these existing conditions , the or.l.v feasible use of the property would be nccupancy for business purposes . Mr. Russell Kiernan , an abutter, and Counselor George vallis appeared in. favor of granting this appeal . No one appeared in opposition. The Board studied all. of the facts submitted in this case and fnur d that the petitioners propose to improve the appearance of this building but, there will not be structural changes made to it ; business enterprises abut the property in question on both sides ; excluding the Peabody Museum and. the Essex Tnsti- tute buildings it is the, only structure on Essex Street between the Hawthorne Boulevard and Summer Streets which is not commercially occupied ; the Board further found that to grant this Special Permit to allow occupancy of this bni1ding for professional offices would. not deroimate from the intent and purpose ni' the Ordinance and would not be detrimental to the pubic good and foil, n this almost totally commercial district occupancy of the buil. 1welli.np unit would not be feasible , and for these reasons -oted unan5.r: cusly to grant this appeal as requested. SPECIAL PERMIT GRANTED AS REQUESTED. BOARD OF APPEALS, BY Acting Secretary. 3� 35 kM 07I 29varb of � E2II CITY n ON PETITION OF DAVID P. KEEFE TO OCCUPY AS A JAMES H.WOLLIAM F. ABBOTT SAL€ b'Hii, 1OCCCNUPATION, FIRST FLOOR PREMISES AT 76 FEDERAL JOSEPH F. DOYLE STREET, , i.e. FOR THE CONDUCT OF HIS PROFESSION, NAMELY JOHN M. GRAY. SR. THE GENERAL PRACTICE OF LAW. ARTHUR LABRECOUE EMERY P. TANCH J. NORMAN WELCH, JR. Pursuant to a Notice of Public Hearing mailed postage prepaid to the Peti- tioner, Board Members, abutters , and others, and advertisements published in the Salem Evening News, a Public Hearing was held on this appeal on March 31, .1971 in the Council Chambers. All Board members, excepting Mr. Doyle and Mr. Welch, •%attended this hearing. Attorney John R. Serafini appeared for the Petitioner and recited the statement of appeal as it appears in the petition filed, and he went on to point out that the Petitioner is a practicing tax attorney and tax consultant, and that in the conduct of his profession he desires to use the first floor premises of the property at x#76 Federal Street, Salem, Massachusetts . Evidence was introduced that the premises in question consisted presently of a two-family dwelling situated at the intersection of Federal and North Streets in said Salem, Massachusetts, and that directly across the street �on Federal Street was a funeral home, and directly across the street on +orth Street was a business establishment used for the business of adver- tising and public relations work; that on Federal Street itself in the vicinity of the Court House were respective law offices and survey and en- )gineering businesses, and that on Federal Street going towards Boston ) Street, the area consisted of large single , two-family, and multi-family ( buildings, in some of which were conducted professional offices, and that ! nursing homes existed on the street as well as a variety store ; that im- mediately to the rear of Federal Street in a northwesterly direction, was an Industrial zone. The Board found that a multiplicity of uses existed in this two-family zone , together with buildings that had historical connotations. Several people spoke in opposition to the granting of a Special Permit, reciting that the historical aspect of Federal Street would be changed if this Special Permit use were permitted, and even though this particular building situated on Federal Street did not have any historical significance, they nevertheless felt that Mr. Keefe should not be allowed to practice his profession in the building, even though he were going to reside therein. The Board carefully considered all of the arguments made, and were very familiar with the particular two-family building involved. The Board was also aware that in other areas of the City which were classified as"single family" districts and/or considered to be "historical" that the use of a portion of the premises for the conduct of a profession such as an attor- ney or doctor were not uncommon, and that this type of a use in all dis- ricts had been part of the City' s make-up for many years, both prior to and subsequent to the adoption of the various zoning ordinances. G 2 The Board found that a . Special Permit use of this type requested was not unusual in a residential district and that in fact where the Petitioner resided, on the premises it was more likely than not that such use would 0 e more carefully supervised than would be the case wherein the practi- tioner did not reside on the premises. The Board further found that Special Permits were contemplated by the City of Salem zoning ordinances when they were adopted and that sections therein gave the Board authority to act on requests of this type after a consideration of the facts. The Board found that granting of this Special Permit would not derogate from either the intent or the meaning of the zoning ordinances and that in its opinion such use of the first floor premises for the professional offices of the Petitioner would not inflict any serious encroachment in the area , having in mind that the actual physical make up of the area surrounding 76 Federal Street and the fact that within a short radius of these premises there already existed a multiplicity of uses , many of which were far more commercial in character than the requested use by the Peti- tioner, and the further fact that the use of residential premises by a professional person residing on the premises was contemplated under uses permitted by Special Permit , and that the use in question was within the spirit of the existing ordinances. After careful consideration and evaluation of all the circumstances and after giving consideration to the various arguments advanced by interested parties, the Board unanimously voted to grant a Special Permit for this home occupation with the stipulation that the first floor be used solely for petitioner' s professional office for the general practice of law, and the second floor be occupied for his private residence only. SPECIAL PERMIT GRANTED WITH CONDITIONS. CITY OF SALEM - - - BOARD OF APPEALS BY Acting Secretary c.► tn1 d o t U.VD 7 N Ua LLJC= _.J J N � N c � V 3-3 Ctu of Pourb of �A)yral APR 1 i t 14 AM 71 I kF�LHr.Jv.a`T' OFFICE WILLIAM P. ABBOTT DECISION ON PETITION OF THE SOUTH ESSEX SEWyt'.fr{, 'KAArRICT JAMES H. BOULGER TO CONSTRUCT, MAINTAIN AND OPERATE AN ELECTRICALLY POWERED JOSEPH E. DOYLE PUMPING STATION AT 50 FORT AVENUE. JOHN M.�GRAT, SR. 1 ARTHUR LABRBCOUE EMERY P. TANCH J. NORMAN WELCH, JR. The Petitioner, through its attorney, James E. Farley,, appealed to the Board of Appeals for a variance from the applicable requirements of the City Zoning Ordinance to use the premises at 50 Fort Avenue for the pur- poses of constructing, maintaining, occupying and operating an electric- ally operated pumping station. Pursuant to notices of hearings mailed postpaid to the Petitioner, its attorney, abutters , Board members , and others, and advertisements pub- lished in the Salem Evening News , a hearing was held on this appeal in the Council Chamber in City Hall on March 1 , 19'71. . Board members present included William Abbott, James Boulger, John Gray, Arthur Labrecuqe , and Emery T.anch; unable to attend were members Joseph Doyle and J. Norman Welch , Jr. •Counselor James E. Farley and members'::of the Board of the South Essex Sewerage District appeared at this hearing and presented pertinent infor- mation on this petition. Evidence was introduced by the petitioner to the effect that the , land in question was zoned as an R-1 district ; the proposed building and use would be contrary to the restrictions of the City Zoning Ordinance for this dis- trict , and thus a variance would be required to construct , a pumping station. Further evidence was introduced showing that the land in question, abuts on the West , the New England Power Station which occupies a large area to generate electricity; on the East , the land is occupied by the Department I of Natural Resources of the Commonwealth of Massachusetts which is present- lv contemplating construction of buildings thereon for research purposes; said land in question is, and for many years in the past was being used by your Petitioner for a pumping station and an administrative building thus making use of the land in question an, existing nonconforming use and the proposed building would expand this nonconforming use . Petitioner pointed out that the proposed building is necessary to meet the demands of the Water Pollution Control Division of the Commonwealth of Massachusetts to construct new facilities for the needs of the area , includ- ing the City of Salem, for sewerage disposal . It was further pointed out that Water Pollution Control orders are mandatory. Ward I Councillor Louis Swiniuch and Ward II Councillor .Joseph O'Keefe • appeared at the hearing. Mr. George Nowak, a member of the City Planning 1{i Board appeared in opposition; also voicing their opposition to the proposed I 2 - � 5 CIZIitgJ II 2I�EItt� �T$$ML Ii$P $ T�f,7 WILLIAM F. ABBOTT JAMES H. BOULDER JOSEPH F. DOYLE JOHN M. GRAY, SR. ARTHUR LABRECOUE EMERY P. TANCH I J. NORMAN WELCH, JR. expansion of the existing pumping station were Mr. Frank Rizzotti and Mr. Welch. •11 The Board considered said matter thoroughly, and .founcVas facts that the \area in question was zoned R-1 for residential purposes; that the area in question was essentially nonresidential in use ; that the use of the said premises by the Petitioner' s occupancy for a pumping station and adminis- trative offices is an existing nonconforming use ; that the granting of a variance for the expansion. of these facilities would not derogate from the intent and purpose of the Zoning Ordinance and Building Code , and would in fact , relieve the Petitioner of an unnecessary hardship; it fur- ther found that the edict of the Water Pollution Control. Division of the Commonwealth was predicated on the best, interests of the public good, and compliance with said edict would remove a dangerous , unwholesome and un- sanitary condition presently existing, thereby promoting the health, wel- fare and safety of the general public . The Board voted unanimously to grant this appeal as requested. BOARD OF APPEALS. APPEAL GRANTED AS REQUESTED. BYak,4 _ Acting Secretary dw J `C 3© a� ) r'r n mr m rn NO � rin .E•� 1, i i i i 3 � o1 C m) l'I `s' N'ILLL1m F. O..OTT JAMES H. BOVLGEH JOSEPH F. OOYLE JOHN M. G.AY. tH DECISION ON PETI:TI:ON OF P.01.3ERT MOULTON 7:O CONSTRI r'T ' ARTHVH LnmHEaJVE REAR PORCH TO EXTSTING DWELLING AT 10 FOSTER COURT. EMEPI �. T..NO. J. .NOFM4N K'ILCII, JP Tht' Bni ! dfn.rs refused. to issue a permit 'co U,T - -t .r, rear porch 1.0 :,n ON ilintg at i.0 foster Co,-,rt as the plan. s�i :,r i Ltel sh.owad. a feet , and the City Ordinance density rein i1-en:ents for t': i s d I-str i-ct are thiri;y feet . Petitioner appealedto the Board of Appeals and a hearing wjs h; !—jd on this poti.iion on 1�ednesday , October 27 , 1.971 , pursuant to notices mailed post- pai11 ;;o the petitioner, abutters , board members , and others , and adverti.se- m ni - 1. i.s:Led. in the Sa]_em Evening- News advising of this public Hearing. Board Members present incliicled Chairman John Gray, Acting Secretary Ab.,ott, , Arthur Labrecque and Norman Welch. Pei:itioner appeared and explained the case the same as in the original ap- 'Il on file ; back door of the house faces northeast ; this same door oper.s. to the kitchen of the dwelling, and a rear porch would lessen the amount of cold air, snow, etc . , presently causing considerable discomfort To the .family. "o on,-- 2:pneared in opposition. I?. 1,= s the general opinion of the Board that to grant this variance; 1,0.ald . rc-'_ieve hardship to petitioner and his family and .mould not derogate from rhe ._:aen.t and nuroose of the Ordinance and would cause no detr. .iment to the m.:blic good , and for these reasons voted unanimously to gran* the =appealas requested. VARIANCE GRANTED : CITY OF SALEM - - - BOARD OF APPEALS, W U Acting Secretary - - r 1. r - - u u` r� y Ji r Tn MCO R RECEIVQtU Of Aa!55UChUUtf5 JUN 23 2 49 pH 97, Pxiarb of '4ypal Sk C'Ty 0 �4FfA-EPETTTION OF ALBERT C . DUNCAN, TO INSTALL WILI-AM I. ABBOTT JAMES H. BOULDER A SWIMM SWT POOL AT 28 GABLES CIRCLE, JOSEPH F. DOYLE PFTTTTON HEARD AT APPEALS BOARD MEETING - 6 . 21. . '71 JOHN M. GRAY, SR. ARTHUR LABRECOUE EMERY P. TANCH J. NORMAN WELCH, JR. The Hoard Members have the facts presented to the meeting, together with a plot plan showing location of pool , and are of the opinion that a Spec- ial Permit for which application is made is in harmony with the purpose and intent of the Ordinance , and should be granted. Record of this meet- ing is on file with all data furnished for this hearing. By unanimous vote , the Board has therefore voted to grant a Special Permit to install, and maintain said pool. , as requested, subject to the following CONDITIONS: 1 . Bona fide effort made to minimize noise and lights in order to avoid disturbing Privacy of neighbors . 2 . Use of the pool. shall cease at 10 : 00 P . .M. 3 . Pool shall be constructed and maintained in accordance with the General Laws of the Commonwealth of Massachusetts , applicable to Swimming Pools , and the rules and regulations of the City of Salem Building Code , Board of Health , Electrical Department , Police Department , and the Zoning Ordinance . 14 . Pool shall. be surrounded on all sides with a permanent wall. or fence at least four feet high ; the fence shall. have a locking device and a closing device so is to keep the gate shut at all times ; a minimum of one ladder, stair, ledge or standup area , riot over three feet below water surface shall be provided for each seventy-five feet of perimeter; fence shall. have only one opening, three feet maximum width. . 5 . Pool shall. be constricted of materials that will provide a structurally sound and tight tank- with impervious surfaces that are easily cleaned . 6 . No swimming pool or appurtenances thereto shall- be installed or altered until a huilding permit has been obtained from the Building Inspector who may issue such permit 21 days from the date stamped on this decision in the office of the City Clerk . BOARD OF APPEALS, SPECIAL PERMIT GRANTED WITH CONDITIONS. BY (Acting.) Secretary 3 � " A{ r t DitTL� E2Tl WILLIAM E. AOROTT JAMES ". ROVLOER DECISION ON PETITION OF RICHARD A. ST. JOSEPH F. OOYLE PIERRE TO ENLARGE JQHN M. GRAY, SR. EXISTING PORCH ON DWELLING AT 20 GREEN STREET. ARTHUR LAl1R ECOVE EMERY F. TAFCH J. NORMAL' N'ELCH. JR. The Inspector of Buildings refused to issue a permit to enlarge an existing porch on a dwelling at 20 Green Street as lot and structure are presently nonconforming with the City Zoning Ordinance density requirements , and ad- vised petitioner of his right to appeal to the Board of Appeals to vary the applicable terms of the Ordinance to permit expansion of a nonconform- ing structure . Petitioner appealed to the Board, and a hearing was held on this appeal on September 20 , pursuant to notices mailed postpaid to the petitioner, abut- ters , board members , and others , and advertisements duly published in the Salem Evening News advising of this Public Hearing. All Board members were present at this hearing, excepting Mr. Gray and Mr. Labrecque ; Mr. Tanch and Mr. Welch, associate members , represented the ab- sent members . Petitioner appeared for himself and explained the case , the same as in the original appeal on file ; the existing porch is very small , and he wishes to enlarge it from 4 ' -6" x 8 ' -5" to 14 ' x 11 ' for more comfortable relaxa- tion for himself and his family. Members voted unanimously to grant this petition as requested . VARIANCE GRANTED CITY OF SALEM - - - BOARD OF APPEALS, ' BY JO�YEPH F. DOYLE,/See retary. ea LU - P V S LL ,JI L: L: -�W r r Titu of U110m t'. J r Anttrb of � �SPtt1 DECISION ON PETITION OF MARY A. REARDON, ALICE H. WILUAM F. ABBOTT DONOVAN AND THOMAS FLYNN FOR A VARIANCE FROM THE JAMES H. BOULDER APPLICABLE DENSITY REQUIREMENTS OF THE CITY ZONING JOF. 00VLB JOHNHN M. GRAY, SR. ORDINANCE AFFECTING EXISTING STRUCTURES SHOWN ON ARTHUR LABRECOOE LOTS #l., 2, AND 3 ON PLAN SUBMITTED; ALSO REQ UEST R B. TANG" J. NORMAN WELCH, JR. :CNG A VARIANCE TO PERMIT THE USE OF EXISTING STRUCT- URE ON LOT #2 FOR ADMINISTRATION OFFICES OF THE MASSACHUSETTS SOCIETY FOR THE PREVENTION OF CRUELTY TO CHILDREN, NORTH SHORE CHAPTER, LAND BEING SITUA- TED AT 109 ESSEX STREET AND 3-5 HAWTHORNE BOULEVARD. Petitioners, through Counselor Richard P. Farley, appealed to the Board of Appeals for a- variance from the applicable density requirements of the City Zoning Ordinance affecting existing structures and land on which said structures are situated, at 109 Essex Street and 3-5 Hawthorne Boule- vard; petitioners also requested a variance for the use of the existing structure shown on Lot #2 on plot plan submitted with this appeal . A hearing was held on this appeal on January 25, 1971 , pursuant to notices mailed postpaid to the petitioners , their counselor, board members, abut- ters, and others, and advertisements published in the Salem Evening News, advising of this hearing. 0111 Board members were present at this hearing, excepting Mr. Doyle who was unable to attend. Counselor Farley appeared for the petitioners and explained the case, the same as in the original appeal on file; the buildings have been located as shown on the plan for over fifty years and are presently all under one ownership; petitioners wish to sub-divide the whole area into three desig- nated lots for the purpose of sale to different buyers; it is respectful- ly requested that a variance be granted for the lot area , lot widths of, each lot, front and rear yard depths, and side yard widths of all three; lots shown on said plan;/it is further requested that a variance also be granted regarding the use of said Lot #2 which is to be purchased by the North Shore Chapter of the Massachusetts Society for the Prevention of Cruelty to Child-'for their administration offices in the building on said Lot. Also appearing in favor of granting this appeal were Counselor Robert Le- doux and Mr.'Earle Blair of the North Shore Chapter of the Society for the prevention of Cruelty to Children; it was pointed out that the Admin- istrative offices of this society would provide a useful service to the community, and would be in harmony with other philanthropic services pro- vided in the immediate vicinity. ' 'SSV41 'UI�I�S No one appeared in opposition. A_113 I � we, ryt C IlNVr 2 After a careful study of all of the facts presented in this case , the Board found that in this district, the majority of the buildings have been exist- ingg for many years on lots of comparable size to the lots shown on the plan, and to grant a variance from the applicable density requirements of the City Zoning Ordinance would relieve a serious hardship to the owners in permitting their disposing of these structures to new owners , and further found that to grant an additional variance for occupancy and use of the structure on Lot #2 by the North Shore Chapter of the Massachusetts Society for the Prevention of Cruelty to Children would not derogate from the intent and purpose of the Ordinance as other community services are housed in the immediate vicinity, and for these reasons, with one member of the Appeals Board opposed, all other members present voted to grant this petition as requested. APPEAL GRANTED. BOARD OF APPEALS BY Acting) Secretary. ° v U ' 1 ^I '•7 Q _ M _ cc 4-W lam, Q Z , y Q U i / i. ll Y 3 - i� DECISION ON PETITION OF ROBERT E . WARNER FOR VARIANCE JAMES M. OOULGEF FROM APPLICABLE DENSITY REQUIREMENTS OF CITY - ZONING -- _ ' F. )01LE ORDINANCE AFFECTING EXISTING DWELLINGS LLIN'GS AT 8-10-101 -HAWTHORNE BOULEVARD. tiR LAd RE 4HTdCQULI.ti FEOUE EVERY Y. TANCM1 .. 11iLCR, JF. - - Petitioner through Counselor John R. Serafini, appealed to the Board of Appeals for a variance from the applicable density requirements of the City Zoning Ordinance affecting existing structures at 8-10-10, Hawthorne Boulevard which had been purchased as one parcel ., A hearing was held on this appeal on July 29, 1971 , pursuant to notices mailed postpaid to the Petitioner, his attorney, Board members , abutters , and others , and advertisements published in the Salem Evening News , advis , ing of this hearing. Counselor Serafini appeared for the Petitioner, and .stated the case ; his client had purchased this property as one parcel , and _wishes to transfer houses individually as shown on plan submitted; bothbuildings have existed on this lot of land for well over fifty years ; due . to a new Zoning Ordinance adopted in 1965, variances are required from the applicable density require- . rnents of said Ordinance affecting lot area , lot width, and front and side : Ardd setbacks . •Members present at this hearing were Mr. Abbott , Mr. Boulger, Mr. Doyle , Mr. Gray , and Mr. Labrecque , and Associate Members Mr. Tanch and Mr. Welch, No one appeared in opposition. I . ' The Board, on . the basis of evidence , found that 'there had been no altera- tions , additions , or extensions since the adoption of the Zoning Ordinance , . and ,that the area remained substantially the , same as prior to the adoption of the Ordinance in 1965, and further found as a fact that the proposed division of the lot and the transfer of the separate parcels` would .still leave each lot with an area large enough to be compatible with the use . of the buildings for dwelling houses . The Board therefore unanimously voted to grant the variance requested pro- vided that Petitioner applies to the City Planning Board forlendorsement: ' of his plan as not requiring approval under the Subdivision Control Law, so as to permit .transfer .of these properties as separate parcels 1 APPEAL G"Z.N,TF nr. r - �. � CITY OF SALEM -• - .BOARD OF APPEALS 1 1 c7 { BY. Secretary - it - 1 o0 11111p _ .3 R E C,f I VE D Qlitu' of Sail ra, Assar4usetts r� r ^r, _`..` • An 21 9 13 AM 'll 29uttrb of ;kyyeal '4Oj•m4.+T' CITY GIt:S:i•.', OFFICE � i rWILL1AM F. Atl80TT SALEM. MASS. I ' JAMES .. BOULGER DECISION ON PETITION OF UGO DI BIASE AND ELIO DI BIASE, JOSEPH F. DOYLE TRUSTEES OF DI BIASE-SALEM REALTY TRUST FOR SPECIAL " JOHN M. GRAY, SR. , ' ARTHUR LABRECQUE PERMIT AFFECTING THE RIGHTS OF THE PETITIONERS WITH ' I EMERY R. TAN<H RESPECT TO USE OF LAND IN AN R-3 ZONE. J. NORMAN WELCH. JR. - , The Petitioners, Ugo DiBiase and Elio DiBiase , Trustees of DiBiase-Salem .iRealty; Trust , through their attorney, George P. .Vallis, appealed directly ', to thelBoard of Appeals for a Special Permit as it affects the . construc- tion of a local business area in the Colonial Village multi-family complex ' located on Highland Avenue . A hearing was held on this petition on August 23, 1971, pursuant to notices mailed' to the Petitioners , their attorney, abutters, Board members, and othersy and advertisements were duly published in the Salem Evening News on August6 and 9 , 1971. ' Attending the meeting were Board members John Gray, William Abbott , James Boulge`r, Joseph F. Doyl' , and Arthur Labrecque. I Mr. Vallis appeared for. the petitioners and pointed out that Section V, Subparagraph B (4) (f) of the Zoning Ordinance states that certain business uses are allowed by Special Permit in a multi-family residential district rovided certain basic minimum requirements are met . The following are sea sought by the Petitioners : 1! ' 'Drugstore . I r .. . 2:' Book, stationery or gift shop. i 3. Food store. 4. ' Florist shop. I I 5. Barber shop. 6. II Beauty parlor. 7 . (Self-service laundry and dry cleaning. i 8 . (Professional offiees . ­ 9 . Restadrant serving alcoholic beverages Consumed on premises . 10. (Bank and Savings and Loan Institution. Mr. Vallis stated that all basic requirements enumerated in this section -�rould be met . i I � In tlae Colonial Village Complex there are presently 254 units occu- piedi4by tenants with 81 units presently under construction. The Ownership title to all of the buildings and all of the land is 1 held in single ownership by the Petitioners . ( c ) All aulti-family buildings have been built and so located so that no o 'iher type of building except multi-family dwellings occupy any part of the development . (d) The area proposed to be occupied by the businesses permitted by Speck,al Permit use herein sought shall be within a multi-family dwe l l,ling. i (e ) ., The 9' rea required for the Special Permit occupancy has been pre- i dete mined so as to prevent locating such businesses in a haphazard h manner. It is the intention of the Petitioners to concentrate the businesses into one main area in order to create a "local business area" within the development area . i i (f) The business uses within the development area are intended to pro- ` vide ,services primarily for the tenants of the development , but k such primary use will not prohibit the use of services to the f general public . I j (g) The Petitioners do not intend to establish more than one business use of a similar nature . i i � E one appeared in opposition to this matter. II After studying the facts presented in this case , the Board found .that the public convenience and welfare would be substantially served and that the general public would be the beneficiary by the granting of the Special Permit . Or{ the basis ofthis determination and also on the basis that the granting of this Special Permit will not tend to impair the status 'of the neighborhood, the same , therefore , may be granted without substantial detriment to the public good. The Board further found that the Special�l, Permit may be granted without nullifying orsubstantially derogating f om the intent and purpose of the Zoning Ordinance since the Zoning Law co tains within it specific provisions to allow the hereinbefore mentioned business uses as Special Permit uses within the development area so that the granting of the Special Permit is in harmony with the purpose and intent of the Zoning Ordinance . The Board by unanimous decision voted to grant the Special Permit as requested. Uj SPECIAIr~PEAkIT GRANTED. BOARD OF APPEALS, �. Secretary i W _J J G9 � o V d ' I i ,;,. , FS5522ttPS of ,'5,tS�P1Yt - -- n WILLIAM F. ABOOTT Xr�. (f z `m JAMES H. B°°`pER DECISION ON PETITION OF SALEM HOSPITAL TO OCCUDi a o JOGFF" F. pOVLE JOHN M. GRAY, SR. PREMISES AT 90 HIGHLAND AVENUE FOR PROFESSIONAL n, _ ARTHUR LABRECOVE OFFICES. EMERY P. TANCH m ' 'MAN WELCH, JR. On direct appeal to the Board of Appeals , the Salem .HospitaI petitioned the Board to vary the terms' of the City Zoning Ordinance to permit occupancy of the premises at 90 Highland Avenue by physicians and surgeons serving on the Hospital staff. Pursuant. to notices of hearings mailed postpaid to the Peti_toner, its attor- neys , abutters , Board members , and others, and advertisements published in the Salem Evening News , a hearing was held on this appeal in the Council Chamber in City Hall. , on February 22, 1971 . Board Members present included Mr. Abbott , Mr. Bou.iger, Mr. Gray, Mr. Labrec- que , and Mr. Tanch ; unable to attend were Mr. Doyle and Mr. Welch. At the hearing, evidence was introduced by the Petitioner to the effect that the house on the land in question is presently a residence located in an R-3 One ; the Petitioner wished to obtain a variance for a change of use in or- r to permit the building on said premises to be occupier by physicians of the Salem Hospital staff as professional offices , for the 'purposes of consult- i.n?; with and examining patients ; it was emphasized that t 'e premises in ques- tion, directly across the street from the Hospital , would :be an ideal loca- tion for the benefit of the doctors and patients who may require use of its facilities , and would benefit the Hospital if the professilonal services of the doctors were available on immediate notice , and such a4facility might attract new specialists to the community; it was further noted that the lot area is sufficient to provide ample parking spaces. The Petitioner further presented evidence that the adjacelt area includes a next door building occupied as doctors ' offices ; a buildi g in the rear is a manufacturing plant , and directly across Colby Street ar automobile ser- vice station is being .operated, thus making the immediate area nonresidential in nature . No one appeared in opposition. The Board considered carefully all of the evidence presented in this case and found that the structure is located in a multi-residential area which does in fact have . many professional offices and commercial activities, and such occupancy as requested would not be detrimental to the neighborhood and would not substantially derogate from the intent and urpose of the - 2 I' - ; ., ;t was of the opinion that to grant this appeal would ote the nealth welfare and safety of the P- .m , y general public in providing easy accessibility to the services of skilled physicians located in close proximity to the Hospital facilities, and for these reason voted unani- mously to grant the variance as requested, to allow said premises to be used as professional offices by physicians serving on the Taff of the Salem Hospital. .APPEAL GRANTED. BOARD OF APPEALS BY 4110 WILLIAM �,F. ABBOTT, (Acting Secretary i r t l O oCC' L7 N'7 W V WU UL; D.EL l[7 U Qt i l 1 „ RECEIVED \'L 4 ? of Iz f<:T xG 3 3 as PH )711 �c�tirc� 1x, c.�x�izi ' ++FDGm�.dsn CITY Ci.'r'iiil`S OFFICE WILLIAM F. ARROTT SALLBC�6 >N ON PETITION OF J. NORMAN WELCH FOR VARIANCE FROM JAMES H. BOULDER APPLICATION OF CITY ZONING ORDINANCE AS IT AFFECTS CO3N'- JOSEPH P. ROYCE STRUCTION OF OFFICE BUILDING AT 13 HURON STREET, R-2 ZOa:,.' JOHN M. DRAY, SR. ARTHUR LASRECOUE - EMERY P. TANCH J. NORMAN WELCH, JR. The Petitioner, J. Norman Welch, through his attorney George P. Vallis , appealed directly to the Board of Appeals from the provisions of tle Zoai;;g Ordinance as it affects the construction of an office building with appur tenant parking area at 13 Hubon Street . A hearing was held on this petition on July 28 , 1971 , pursuant to notice mailed to the petitioner, abutters , board members , and others , and adver- tisements were duly published in the Salem Evening News . Attending the meeting were Board Members John Gray, William Abbott , Joseph F. Doyle , James Boulger, and Arthur Labrecque ; associate Member Emery ':arch, Jr. , was also in attendance . Mr. Vallis explained that the petitioner ' s present office is located in the urban renewal area and has been acquired by the Redevelopment Authorii,y. It scheduled for demolition shortly. It was pointed out that an unnecessary ,rdship would be imposed on the petitioner by denying him the use of th@ land on Hubon Street for the purposes desired as the entire parcel is 10,. Gated on a dead-end street , and the existing buildings @11}@ land have Leon ug@d for over one hundred years and are presently being used by the Petitioner incidental to his business for the storage of tools and equip- ment . It was further explained that the property could not as a practical matter be used for residential purposes and that the presence of the new building would not cause annoyance to others . No one appeared in opposition in this matter: ii. i ,, . 1I:DI It Y,I J!V I•, . After studying the facts presented in this case , the Board found a substan- tial hardship to the petitioner existing for the reasons given. It found also that the permitted non-conforming use of Mr. Welch ' s land, that existed before the passage of the Zoning Ordinance , was such that the change made by the variance sought was of small consequence . The neighborhood, `evthl before the Zoning Ordinance was passed, was not! exclusilvelyi ,re•sidentiall, and s trot now. In granting the variance no dimunition in the value, of, �surrbhlnd!!ngl ' - properties will be suffered. The Board by unanimous decision doted to, grant ,this hrariance ,als Irequel•sited . .... ..�i,. .,,: ; „ I i:: :�„i .:li VARIANCE GRANTED - „ , B'' BOAR/1D OF AF;-EALS,(-... I 1k, L. Acoavr II Qtlitt of '�5'alem, Aassac4usldts Paurb of A"eal r�cJ.MP'F.Wr' DECISION ON PETITION OF NEW ENGLAND TELEPHONE AND TELE- W'L"AM E. ABBOTT GRAPH COMPANY TO ERECT AND OCCUPY A NEW TELEPHONE EX- JAMES H. BOULDER JOSEPH P. DOYLE CHANGE FACILITY ON JEFFERSON AVENUE AND MARGIN STREET, JOHN M. CRAY, SR. ON LOT SHOWN ON PLAN SUBMITTED. ARTHUR LABRECOUE EMCRY;,P. TANCH J. NORMAN WELCH, JR. _ Petitioner appealed by direct appeal to the Board of Appeals to issue a Special Permit and/or -to vary the terms of the Salem 7,'Pnng Ordinance , Ordina ' , to allow construction and use of a new telephone exchange facility on Jefferson Avenue and Margin Street . The proposed buil, ing would be five stories above the basement , each story 171 -6" in height . Plan submitted showed locus to be in an Industrial Zone , and the height of structures in this district is limited to forty-five feet . Purusant to notices mailed postpaid to the petitioner, abutters, board members, and others , and advertisements published in the Salem Evening News , a hearing was held on this appeal on March 31, 1971 in the Council Chamber in City Hall . Board, Members present at the hearing were Mr. Abbott , Mr. Boulger, Mr. Gray, , Mr. Labrecque and Mr. Tanch; unable to be present were members Mr. Doyle ind Mr. Welch. - Appearing for the petitioner, Mr. William D. Sommers, real estate engin- eer for the Company, presented the case. Mayor Samuel E. Zoll , City Council President Joseph Ingemi and Mr. Bowman appeared at the hearing to voice their approval of this appeal being granted as requested. Mr. Sommers explained the case the .same as in the original appeal on file . Evidence was introduced that the Ordinance permits height of structures in the R-3 districts to one hundred feet and there are such districts in the immediate vicinity; because of special requirements for telephone equipment each story must be 17 ' -6" in height ; the length of cables from one piece of equipment to another is very critical., and by building as proposed , the greatest distance from a piece of equipment on the bottom level to a piece of equipment on the top level would be one hundred feet ; expansions of telephone exchange facilities are forced by public need , and the company must select the most appropriate , available site . No one appeared in opposition. The Board studied the case thoroughly and found as facts that the proposed facility is necessary to the community for expanding service in the public interest ; that the site, situated in an Industrial district , would be high- ly desirable ;Ifor locating such a facility; the height of the proposed tT C:' m:. �o LU ko 7 M n is wLLX' L: _j y."> E� k— LLI 2 T tiN - - C+ LJJ W Cr .>4 r� structulie e_nuld not be out of character with the height of buildings per- mitted 4�= Darby areas ; the design of the building is vital to the manner of operation to produce the most efficient and economical plan, technolog- ocially and financially possible under current technology. The ,Board fur- ther found that granting of this petition would not derogate from the intent and purpose of the Zoning Ordinance and there would be no detriment to the public good, rather a substantial hardship would be imposed both upon the public and upon the company should the petition be denied , and for these reasons voted unanimously to grant the appeal as requested . 1 BOARD OF APPEALS, APPEAL GRANTED. t��/J BY dYYd� J� W r0r Acting Secretary 1 1 r p ^¢¢ ,�-Ctfr Of ��t1Em, �ascl��zP#t R (:t. I E. . ry3 r. 29 3 36 Puarb of �pycal CITY CLLiitl'S OFFICE WiLLIAM G. ABBOTT DE CISICI�I"ON MHTION OF FRANCIS R. RUSCIO FOR SPECIAL PERMIT - JAMES H. BOULDER JOSEPH G. OOYLE TO PERMIT HIM TO MAINTAIN NO MORE THAN TEN (10) MOTOR VEHICLES JOHN M. GA. ON HIS PREMISES AT #62 Jefferson Avenue. ARTHUR LARHECOUE EMERY G. TANCH J. NORMAN WELCH, Jk Petitioner through Counselor John R. Serafini, appealed to the Board of Appeals for a Special Permit to permit him to maintain for resale no more than ten (10) motor vehicles on his property at #62 Jefferson Avenue. A hearing was held on this appeal on Monday, September 20 , 1971 , pursuant to notices mailed postpaid to the Petitioner, his attorney, Board members, abutters, and others, and advertisements published in the Salem Evening News, advising of this hearing. Counselor Serafini appeared for the Petitioner, and stated the case; his client was the owner of the premises at #62 Jefferson Avenue and has operated a motor vehicle repair shop for a number of years; the premises were formerly in an automotive zone, but as a result of the 1969 rezoning, the premises became non-conforming. Counselor Serafini presented a petition signed by all the neighbors of the Petitioner approving of his application for the special permit. Counselor Serafini stated.that the Special Permit was necessary for the economic sur- vival of.his client, and also pointed out that the premises were kept in a neat and clean manner and that the Petitioner operated his business in a fashion that was very cognizance of the rights of others. Councillor Joseph Ingemi .and Councillor Jean Levesque and Councillor Michael Ruane were all recorded in favor of this petition. Board members present at the hearing were Mr. Abbott, .Acting Chairman; Mr. Doyle; Secretary; Mr. Boulger; and Associate Members-Mr. Tanch and Mr. Welch. No one appeared in opposition. Tne Board on the basis of the evidence, found that the Special Permit requested could be granted withoui'.in any way derogating from the intent of the ordinance and that the Special Permit to maintain for resale no more than ten (10) motor vehicles was reasonable and in view of the fact that the area occupied by the Petitioner was formerly an automotive zone and that the surrounding area in general was commercial and automotive, on the basis of this evidence, the Board unanimously voted to grant this Special Permit to maintain no more ,than ten (10) motor vehicles on said premises at #62 Jefferson Avenue, for the ;jLirposes of resale. SPECIAL PERMIT GRANTED. City of Salem -- BOARD OF APPEALS Secretary ' RECFIVE ttu of ttlrm, Httssttt u�E#ts s � ` f AU ) 2 10 PH 171 P ourd of �kppral CD IOM iM';fTITION OF MISS COMPUTI TO OCCUPY PREMISES WILLIAM F. AD TY, A d%tf43WSCIUSKO STREET AS FOUR-APARTMENT DWELLING JRMEs a. BOOLGED PETITION FILED, 11Y ROBERT KOBUZEWSKI, A PROSPECTIVE BUYER), , JOSEPH F. DOYI.E JOHN M. GRAY, SR. nHnnJn i.noHEcnvc . EMERY P. IPNCH J. NOHN.N, WEICH, JR. The Inspector of buildings refused to issue a permit to alter an existing , structure of 1.5-17 Kosciusko Street to provide two apartments on eachof the first and second floors, as such occupancy would be in violation of the City Zoning Ordinance with regard to use , and also, with regard.to the density regulations . Petitioner appealed to the Board of Appeals , and a hearing was held on this, appeal on June 21 , 1971 , pursuant to notices Wailed postpaid to the peti- tioner, abutters , board members , and others , and advertisements published in the Salem Evening News , advising of this public hearing, All Board members , including the Associate Members , were present at this hearing. Counselor Richard Daly appeared for the petitioner, and explained the case the same as in the original appeal. on file ; petitioner can purchase the wproperty for $2500.00, and feels that occupancy as a two-apartment building ould be a financial hardship. A letter presented to the Board earlier, objecting to granting this appeal from David and Alice Johnson, 14 Kosciusko Street , was read to the meeting; 'Mrs . Johnson also appeared to voice opposition to granting this petition. This appeal was taken under advisement to permit the Board Members to view the premises, and the matter was taken up again at the July 26th meeting of the Board. M�11111,, r•s funnel Llial. I,b r`utiro lot. Area comprises 2850 square feet, I Iitillllnlnn i`o,olll'oi 'I",M) rillirlllV, fnu 1. I'll], nllrll dwtilli.lig 1111.11: ) GII1)' si;rl.rctuFe cove. cs 65';ti,+ of Lliu lint , and the Ordinance permits 35%_ ooverap"e l,y, all buildings ; the Ordinance requires a ten foot side yard and on one side of this building the side yard is approximately eleven inches ; on the other side , the distance is 9 . 43 ' to the boundary line ; a thirty! foot• rear yard is required and the rear yard here is approximately eight feet ; 'a fifteen foot setback is required from the front boundary, and this building was' construc- ted on the front boundary line . The Members further found that -the plans submitted were .not '.satisfactory for a four-family dwelling as to means of egress , also, fireproof, stairways , partitions , etc . ; and required parking spaces could not be 'provided for pro- spective tenants ; the Members .felt there was no financial hardship involved , being of the opinion that for a $2 , 500.00 investment , occupancy by two faill lies would show a fair profit . 2. The Board voted unanimously to deny this petition to provide occupancy for r a¢artments , but agreed that petitioner could submit proper plans . t:o , Building Inspector and it would be satisfactory to the Members if ',.he found tIhat a permit coul'd' issue for occupancy for two dwelling units. - i jlI PETITION DENIED. CITY OF SALEM - - BOARD OF-APPEALS, BY tt c LU i ecretary . i UJ - ? CD q Q 4, c..i N � LU ;W y an j Q> f- I I I 1 , A tpavry (�i# of S nalem, smthuse## Poarb of �ppral kscgmr.�yc� DECISION ON PETITION OF RICHARD A. SWARTZ, TRUSTEE OF WILLIAM F. ABBOTT CONTINENTAL REALTY TRUST TO CONSTRUCT FOUR ADDITIONAL JAMES H. BOULDER APARTMENTS IN APARTMENT COMPLEX AT 245 LAFAYETTE STREET. JOSEPH F. DOYLE JOHN M. GRAY, SR. ARTHUR LABRECOUE EMERY P. TANCH J. NORMAN WELCH, JR. The Petitioner, Richard A. Swartz, Trustee of Continental Realty Trust, through his Attorney, George P. Vallis, appealed to the Board of Appeals after refusal of building permit by the Building Inspector to construct four additional apartment units at 245 Lafayette Street, due to a possi- ble violation of the City of Salem Building Code, Section 237, Paragraph C which States ; "The level of the first floor of an apartment building shall not be more than four feet above the mean level of the street or wag on which the building abuts and no space below such floor shall be used for human occupancy" . A hearing was held on this petition on March 29, 1971, pursuant to notices mailed to the petitioner, his attorney, abutters, Board Members , and others, and advertisements duly published in the Salem Evening News. Board Members present at this hearing were John M. Gray, Sr. , James Boulger, Arthur Labrecque and William Abbott; members unable to be present Jere Emery Tanch, Joseph F. Doyle, Sr. , and J. Norman Welch, Jr. It was pointed out that the petitioner had acquired an additional 4uou square feet of land giving him a total of 28,000 square feet which would allow him, under the Zoning Ordinance , to construct four additional units in the existing 24-unit complex. Counselor Vallis suggested that the pro- posal to construct the four additional units in the rear of the basement area did not violate the intent of the Building Code in that the terrain of the property is such that the land slopes from the street to the rear, and although the proposed apartments would be below the mean level of Lafayette Street , they would all nevertheless be above the level of the driveway and the rear of the land where the proposed units would be situated. Plans showing the various elevations of land were submitted to corroborate the statements. Mr. Edward Rockett , owner of abutting property, appeared in opposition stating that the additional units would result in insufficient parking provisions. Mr. Vallis pointed out that according to the plans submitted which were prepared by registered surveyors, the par&in ormed to the require- ments of the Zoning Ordinance. !rAW 33Id�o ^,:411113 A113 ids Wn £S II B aag 03AIM i' 2 Whe Board studied the facts presented in this case and found that all of the regulations of the Zoning Ordinance with regard to density require- ments were met; on the evidence submitted, the Board found that adequate parking spaces were provided for in accordance with the Ordinance ; the Board further found that the proposed additional apartments would not be below grade as the land slopes from the street to the rear of the lot where the proposed apartments would be located, above the level of the driveway. The Board members were of the opinion that constructing four additional apartments within the existing structure would not derogate from the intent and purpose of the Building Code and that granting a variance to permit construction of said additional apartments would cause no detri- ment to the public good, and for these reasons voted unanimously to grant the variance as requested. BOARD OF APPEALS, PETITION GRANTED. B1, n�eA Acting Secretary." 'SSVW 'W3lVS 3�Ij30 S,'t !3l� A113 IL WV es I I B adtl 0DAi30R. CITY OF SALEM Massachusetts 2ra NN 71 SALEk, SAS&. BOARD OF APPEAL of the Zoning Ordinance Joseph F. Doyle P Y Secretary DECISION ON A PETITION FOR VARIANCE AND SPECIAL PERMIT OF RODRIGUE E. BERUBE, D/B/A, BERUBE FUNERAL SERVICE A public hearing was held on 20th September 1971 at City Hall, Salem; Alass- achusetts, a notice of said hearing having been duly advertised in the S;'1em Evening News, a newspaper having a circulation in said Salem and the owners of the adjoining property having been duly notified by mail of the time and place of said hearing concerning the application of Rodrigue E. Berube d/b/a Berube Funeral Service for a variance from the applicable density require- ments of the City Zoning Ordinance affecting frontage of lot area at the • property of the petitioner located at 271 Lafayette Street and further asking that the board grant a special permit to allow occupancy of basement ai:d first floor of said premises for the operation of a funeral service establishment. The hearing was called to order by Chairman William Abbott at 8:00 P. M. , the following members were present: William Abbott Emery P. Tanch, Jr. James Bolger J. Norman Welch, Jr. Joseph Doyle Chairman Abbott exhibited plans and land of the applicant to the board. Attorney Joseph P. McKay of 260 Washington Street, Salem, Massachusetts, appeared for the applicant. Certain neighbors appeared to express their objections relative to the granting of the variance and special permit. The applicant is the owner of 271 Lafayette Street, Salem, Massachusetts and through his attorney, submitted a plan upon which his application for variance and special permit is based. 4" StP Z9 Becau"s ;14p�bki:�r,�Tfety factor in the interest of the general public concerning traffic co)�8ftions at and near the locus and because of the size and shape of the parcel, its topographic conditions and its location next to the St. Theresa's Church in Salem, the board finds that owing to the conditions affecting this parcel of land but not affecting the zoning district generally, in which it is located, a literal enforcement of the previsions of the zoning by-laws will involve substantial hardship to the applicant and the desired relief may be granted without substantial detriment to the public good, but rather will be in the interest of the public good, and without substantially derogating from the intent and purpose of the Zoning Ordinance, it was VOTED: By unanimous vote, that the application for said variance is granted and further, a special permit to allow occupancy of basement and first floor of said premises for the operation of a funeral service establishment is hereby granted to the applicant. d�p � CJos Doy Secretary r� y �h. RECEIVE €fg of �z1Em, �xsc� �ls�ft ,sr 3 SEP 19 3 36 P 'j! uarb of cZ ypcal Pi CITY CLi:i:y'S OFFICE WILLIAM. F. ABBOTT DECISICUL611' PHPTION OF ORNE STREET REALTY TRUST TO ERECT AN JAMES H. BOULDER JOSEPH F. OOYLOVLf ADDITION TO AN EXISTING TWO-FAMILY DWELLING AT # 323 Lafayette JOHN M. CRAY, SR. Street TO PROVIDE SIX ADDITIONAL DWELLING UNITS. ARTHUR LARRECOVE EMERY P. TANCH _ J. NORMAN WELCH, JR. Petitioner through Counselor John R. Serafini, appealed to the Board of Appeals to vary the applicable terms of the City Zoning Ordinance to permit the construction of an addition to the existing two family dwelling at 323 Lafayette Street to provide six additional apartments . A hearing was held on this appeal on September 20 , 1971 , pursuant to notices mail post- paid to the Petitioner, its Attorney, abutters, Board members, and others, and advertisements published in the Salem Evening News, advising of this hearing. Present at this hearing were Mr. Abbott, Acting Chairman; Mr. Doyle, Secretary; Mr. Boulger; and Associate Members-Mr. Tanch and Mr. Welch. Counselor Serafini appeared and presented the case; and after discussion with the members of the Board and with Attorney Richard E. Daly, who was appearing in opposition, it was determined that if the Petitioner came in with a petition requesting a variance to permit • the construction of additional units in another building completely separate from the existing dwelling and construct in the rear of the Petitioner's property, so that the view of the said abutter, Richard E. Daly, was not interfered with, that this plan would not be opposed by the abutter, Richard E. Daly. In view of the fact that this seemed a reasonable request and that the lot in all probability could be divided so that a right of way were provided to a rear structure containing additional dwellings , it was unanimously voted to grant the Petitioner Leave to Withdraw without Prejudice GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE. City of Salem --. BOARD OF APPEALS Secretary • tGoi Kms^ Otg of ' tt5'ak ' 'Ma sadjusetts nen P � PZII II2ITb of J�CG\Sf�'£VAC WILLI F. AEeO JAMES MBOULDER ERR DECISION ON PETITION OF ORNE STREET REALTY TRUST TO JAMES . JOSEPH E. DOVLE ERECT AN ADDITION TO AN EXISTING TWO-FAMILY DWELLING JOHN M. GRAY, SR. AT 323 LAFAYETTE STREET TO PROVIDE SIX ADDITIONAL ARTHUR LTANCH UE DWELLING UNITS. EMERY P. TANCH J. NORMAN WELCH, JR. Petitioner appealed to the Board of Appeals to vary the applicable terms of the City Zoning Ordinance to permit the construction of an addition to the existing two family dwelling at 323 Lafayette Street to provide six additional apartments . Pursuant to notices mailed postpaid to the petitioner, its attorney, abut- ters; Board Members , and others , and advertisements published in the Salem Evening News , a hearing was held on this appeal on March 31, 1.971. Present at this hearing were Board Members Emery P. Tanch, Arthur E. Labrec- que , John M. Gray, Sr. , James A . Boulger, and William F. Abbott ; members unable to attend were J. Norman Welch, Jr. , and Joseph F. Doyle , Sr. Counselor John R. Serafi.ni appeared for the petitioner and requested that the number of apartments in the proposed addition be reduced from six to wwo dwelling units. Two abutters appeared in opposition to granting the appeal as advertised, James Neary and Frances Portelance . The Board found that the existing structure is an R-2 district , zoned for two-family residences; that multi-family dwellings, exceeding four families, are specifically excluded from the district . The Board voted unanimously to grant petitioner Leave to Withdraw without Prejudice . GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE. ¢�- W �= BOARD OF APPEALS, 1r' cam.of c Se �' c y N EY Actin retar c� w Y Y� CC V 73071 -rou��nx�x^ 7 WILLIAM F. ABBOTT DECISION ON PETITION OF RICHARD R. IdALE?JIC T_ FOR A , JAMES H. BOULDER SPECIAL PERMIT TO INSTALL A JOSEPH F. OOVLE JOHN M. GRAY, SR. LANE. �, .. a•, ARTHUR LABRECOUE EMERY P. TANCH J. NORMAN WELCH, JR, The Board members have the facts presented to the meeting, together with a plot plan showing location of pool , and are of the opinion that a S_,Decia_1 Permit for which application is made is in harmony with the purpose and in- tent of the Ordinance , and should be granted. Record of this meeting is on file with all data furnished for this hearing. By unanimous vote , the Board has therefore voted -to grant a Special Permit to install and maintain said pool , as requested, subject to the following CONDITIONS: 1 . Bona fide effort made to minimize noise and lights in order to avoid disturbing privacy of neighbors . 2 . Use of the pool shall cease at 10: 00 P.M. Pool shall be constructed and maintained in accordance with the General Laws of the Commonwealth of Massachusetts , applicable to Swimming Pools , and the rules and regulations of the City of Salem Building Code , Board of Health, Electrical Department , Police Department , and the Zoning Ordinance . 4 . Pool shall be surrounded on all sides with a permanent wall or fence at least four feet high; the fence shall have a locking device and a closing device so as to keep the gate. shut at all times ; a minimum of one ladder, stair, ledge or standup area,, not over- three feet below water surface shall be provided for each seventy-five feet of perimeter; fence shall have only one opening, three feet maximum width. 5. Pool shall be constructed of materials that will provide a structurally sound and tight tank with impervious surfaces that. are easily cleaned . 6 . No swimming pool or appurtenances thereto shall be installed or altered until a building permit has been obtained from the Building Inspector who may issue such permit 21 days from the date stamped on this decision in the. office of the City Clprk. BOARD OF APPEALS, SPECIAL PERMIT GRANTED WITH CONDITIONS. f�� ARSecretary i " _ Y T,.w.vI, of r-,-T, m _? narb of '�\Ppeal 00 ft CLNI]F�T V][_ F-1 (A T T DECISION ON PETITION OF ARMAND TARDIFF, TO INST. L JAMES H. BOULDER F. ABBOTT A SWIMMING POOL AT 21E. rj .2 LORING AVENUE. �AMES JOSEPH P. BGYLE PETITION HEARD AT MF,ETING OF BOARD OF APPEALS - 6 . 21 • 71 JOHN M. GRAY, SR. ARTHUR LABRECOVE EMERY P. TANCH J. NORMAN WELCH, JR. The Board members have the facts presented to the meeting, together with a plot plan showing location of pool , and are of the opinion that a Spec- ial Permit for which application is made is in harmony with the purpose and intent of the Ordinance , and should be, granted. Record of this meet- ing is on file with all data furnished for this hearing. By unanimous vote , the Board has therefore voted to grant a Special Permit to install and maintain said pool , as requested, subject to the following - CONTDTTIONS: 1 . Bona fide effort made to minimize noise and lights in order to avoid disturbing privacy of neighbors . 2 . Use of the pool. shall cease at 10 :00 P.M. Pool shall be constructed and maintained in accordance with the General Laws of the Commonwealth of Massachusetts , applicable to Swimming Pools , aridthe rules and regulations of the City of Salem Building Code , Board of Health , Electrical Department , Police Department , and the Zoning Ordinance . 4 . Pool shall be surrounded on all sides with a permanent: wall or fence at .least four feet high ; the fence shall have a locking device and a closing device so as to keep the gate shut at all times ; a minimum of one ladder, stair, ledge or standup area , not over three feet below water surface shall be provided for each seventy-five feet of perimeter; fence shall. have only one opening, three feet maxi-;num width . 5 . Pool shall be constructed of materials that will. provide a struc- turally sound and tight, tank with impervious surfaces that are easily cleaned . 6 . No swimmingpool or appi:rtenanccs thereto shall be installed or altered until a building, permit has been obtained from the Build- ing Inspector who may issue such permit 21 days from the date stamped on this decision in the office of the City Clerk , gECIAL PERMIT GRANTED WITH CONDITIONS . BOARD OF APPEALS, BY ��a��/✓ j SGL-n-c! i �ActingSecretary _ r „S.cOw,T1,� Ch rtT pp ^.1 ( ,UN 3 CITY L SALEPq, }ggSS. ` WILLIAM F. ABBOTT JAMES H. BOULGER DECISION ON PETITION OF ROBERT Y.TMPALL AND JOSEPH F. DOYLE +��, 1, JOHN M. GRAY, SR. JUDITH KIMBALL FOR A SPEC_A. PEI;XI^_ Ti: TA' ARTHUR LABRECOUE A SSvIMMING POOL AT 542 LORING AVENUE ♦ EMERY P. TANCH J. NORMAN WELCH, JR. - ' The Board members have the faxts presented to the meeting, together with a plot plan showing locdtion of pool , and are of the opinion that a Spec- ial Permit for which application is made is in harmony with the purpose and intent of the Ordinance , and should be granted. Record of this meeting is on file with all data furnishZ±d for this hearing. By unanimous vote , the Board has therefore voted to grant a Special Permit to inzs`"oll and maintain said pool , as requested, subject to the following CONDITIONS: 1 . Bona fide effort made to minimize noise and lights in order to avoid disturbing privacy of neighbors. 2:Use of the pool shall cease at 10:00 P .M. 3 . Pool. shall be constructed and maintained in accordance with the General Laws of the Commonwealth of Massachusetts , applicable to Swimming Pools , and the rules and regulations of the City of Salem Building Code , Board of Health, Electrical Department , Police Department , and the Zoning Ordinance . 4'. Pool shall be surrounded on all sides with a permanent wall or fence at least four feet high; the fence shall have a locking device and a closing device so as to keep the gate shut at all times ; a minimum of one ladder, stair, ledge or standup area , not over three feet below water surface shall be provided for each seventy-five feet of perimeter; fence shall have only one opening, three feet maximum width. 5- Pool shall be constructed of materials that will provide a structurally sound and tight tank with impervious surfaces that are easily cleaned . 6. No swimming pool or appurtenances thereto shall be installed or altered until a building permit has been obtained from the Building Inspector who may issue such permit 21 days from the date stamped on this decision in the office of the City Clerk. SPECIAL ECIAL PERMIT GRANTED WITH CONDITIONS. BOARD OF APPEALS, BY Ming) Secretary r of pZ�7akm' FS852StI LISP a o ffi'54L m„ m - -/ 29uttrb of : IVyoal ;= N m_ N+� O Wu 11pM . Al,pp l-, DECISION ON PETITION OF LORING HILLS ASSOCIAta 3 FOR A SPECIAL PERMIT TO INSTALL A SWIMMING POO , " YL ,t N M.HGRAY, AT 568 LORING AVENUE. JOHY $P, ARTHUR LARRECOUE EMERY P. TANCX J. NORMAN WELCH, JR. Petitioner appealed by direct appeal to the Board for a Special Permit to install a swimming pool, in accordance with the City Zoning Ordinance, Section V, Paragraph B, Subparagraph 1-e. A hearing was held on this appeal on April 26, 1971, pursuant to notices mailed postpaid to the petitioner, board members , abutters, and others, and advertisements published in the Salem Evening News, advising of this hearing. All board members were present, excepting Mr. Doyle who was unable to attend. Counselor John R. Serafini appeared for the petitioner, and explained the case the same as in the original appeal on file ; this private swimming pool would be for the exclusive use of the tenants, residing in the con- dominium units at 568 Loring Avenue, and on occasion, possibly their guests; having a pool on the premises would be both beneficial and convenient for the tenants, and would promote healthful relaxation and recreation for them. A plot plan showing the location of the proposed pool was submitted. mae Board was of the opinion that a Special Permit for which application is de is in harmony with the purpose and intent of the Ordinance, and should be granted. Record of this meeting is on file with all data furnished for this hearing. By unanimous vote, the Boardtherefore voted to grant a Special Permit to install and maintain said pool as requested, subject to the following CONDITIONS• 1. Bona fide effort made to minimize noise and lights in order to avoid disturbing privacy of neighbors. 2. Use of the pool shall cease at lu:OV P.M. j. Pool shall be constructed and maintained in accordance with the General Laws of the Commonwealth of Massachusetts, applicable to Swimming Pools, and the rules and regulations of the City of ,Salem Building Code, Board of Health, Electrical Department , Police Department, and Zoning Ordinance. 4. Pool shall be surrounded on all sides with a permanent wall or fence at least four feet high; the fence shall have a locking device and a closing device so as to keep the-gate shut at all times; a minimum of one ladder, stair, ledge or standup area , not over three feet below water surface shall be provided for each seventy-five feet of perimeter; fence shall have only one opening, three feet maximum width. i, 2 S. Pool shall be constructed of materials that will provide a structurally sound and tight tank with impervious surfaces that are easily cleaned. No swimming pool or appurtenances thereto shall be installej4 oj�,altered until a building permit has been obtained from the Building=j1n;1pectar who may issue such permit 21 days from the date stamped or4t` itfdUision C- in the office of the City Clerk. m m m X,, rr N r� D f. OD � T. A - SPECIAL PERMIT GRANTED WITH CONDITIONS, r^ CITY OF SALEM - - BOARD OF APPEALS BY Acting Secretary • s v curb of �ypeal m MD WILLIAM F. neooTT DECISION ON PETITION OF LEWARD J . MASKELL TO ALTE1 THIRD n JAMES H. POULGER FLOOR PREMISES AT 18-20 MALL STREET TO PROVIDE ANx JoSEVP I. novLE TIONAL APARTMENT. b'`". p C JOHn M. GPA,'. 5F. yc iT� ARTHUR LAPBEco UE V..� 1 f-D EMERY P. Tnrvcry —i J. NORMAN wE LG P. JR. m y The Inspector of Buildings refused to issue a permit to alter the third floor premises at 18-20 Mall Street to provide an additional apartment in an existing two-family dwelling. The building is located in an R-2 district , zoned for two family residences . Plans submitted showed, a structure situated on a lot of land, 8576 square feet in area ; the build- ing is nonconforming with regard to the front yard requirement of the density regulations of the City Zoning Ordinance . However, the applicant was notified that he might appeal from this decis- i_on to the Board of Appeals in accordance with Section V, Par. B-3 of the Zoning Ordinance , relating to Special Permit uses in the R-2 zones . Petitioner .appealed to the Tioard of Appeals , and a hearing was held on this petition on September 20 , 19.71 , pursuant to notices mailed postpaid Wto the petitioner, abutters , board members , and others , and advertisements dtily published in the Salem Evening News , advising of this public hearing. All Board members , excepting Mr. Gray and Mr. Labr. ecque , were present at this hearing, including Associate Members , Mr. Tanch and Mr. Welch. Petitioner appeared and explained the plan, the same as in the original appeal on file ; structure would be easily adapted to house three dwelling units as there presently exist front and rear stairways ; plans show a new door will replace an existing window to permit exit on a proposed deck; the yard area will provide adequate parking spaces for the occupants . No one appeared in opposition. The Board Members have the facts presented to the meeting, together with a plot plan and working plans showing the location of the existing dwelling and the extension of proposed alterations , and are of the opinion that a Special Permit for which application is made is in harmony with the purpose and intent of the Ordinance ; the Board further found that to grant this appeal would not derogate from the intent and purpose of the Ordinance and would cause no detriment, to the public good, and for these reasons voted unanimously to grant this petition as requested, provided that al1 alter- ations and related work are accomplished in strict accordance with the plans approved by the Inspector of fiuilrlings before such work is commenced . 0 PECTAL PERMTT GRANTED . CITY OF SALEM - - BOARD OF APPEALS, 9 BY Secretary . h (situ ofIem, ttstzrl��zse##s 2 3 iJrn nK y-< _ ottra of �pp�ttl r, rQ ;n WILLIAM F. ARROTT DECISION ON PETITION OF JAMES D. SANTO TO T-` JAMES H. ooulcER ERECT AN ADDITION TO EXISTING DWELLING AT N+ , = C:) JOP. oov LE .42 MARCH STREET. 'JOHNHN M. GRAVE $R. ARTHUR LASRECOUE. m EMERY P. TANCH J. NORMAN WELCH, JR. The Inspector of Buildings refused to issue a permit to construct :a two story addition to an existing dwelling at 42 March Street as such would be in violation of the density requirements of the City Zoning Ordinance. Petitioner appealed to the Board of Appeals to vary the terms of the Ordn ante to, permit erecting the proposed addition, and a hearing was held on.` this appeal on July 28, ' 1971, pursuant to notices mailed postpaid to the Petitioner, abutters, Board members , and others , and advertisements pub dished in the Salem Evening News advising of this public hearing.. All Board members were present at this hearing. No one appeared in opposition. r 1 Petitioner appeal was presented to the Members , the same as in the '.original � petition on file ; his family requires more space to provide comfortable , and convenient living accommodations; the dwelling which is ,small, was O. irchas'ed in 1968 with the thought in mind that an addition would be con ructe;d as the need aroise ; petitioner ' s sister and her daughter have mo ed in with his family and additional space is urgently needed; this . additi0 would provide a dining room on the first floor and another bedroom on th second floor; a variance'. is required as the lot is undersize for the dis-, trict and the required distance to the side and rear boundary are impossi- ble to observe as the existing dwelling is 3. 7 ' from the side and 2$ .6 ' from the rear property line ; the proposed addition would be 101 closer to ! , the rear boundary, and th',e 'Ordinance requires thirty feet . The Board found that to grant this variance would relieve a seriou's. ha'rd-. :_ ;. ship to the petitioner and enable him to provide adequate living quarters for his entire family , and further found that to grant the variance as . requested would not derogate from the intent and purpose of the Ordinance and would not be detriment',al to the public good as existing dwellings 'in this area were erected prior to the adoption of the present Zoning Ordin= ance and are located on lots of similar size and in closer proximity to boundary lines than is now allowed, and for these reasons, voted unani= . mously to grant this appeal as requested. CITY OF SALEM - - 'BOARD-OF APPEALS, . APPEAL GRANTED. BY ` Secretary ` CON1111 RECFIvEp U.Tt of �2SIEm, tIS�vFIt LZSE#�S AUG26 3 34 Pnurb of �FyPul CITY CLE;:;, UFICE 8. 26 .71 WILLIAM F. ABBOTT 5AlEM1 MA$$, JAMES M. BOULDER r JOSEPH F. DOYLE DECISION ON THE PETITION OF DONALD R. MASELLA TO INSTALL JOHN M. GRAY, SR. ARTHUR LABRECOUE A SWIMMING POOL AT 37 MARLBOROUGH ROAD EMERY P. TANCH 4 NORMAN WELCH, JR. � I , The Board members have the facts presented to the meeting, together with a l plot plan showing location of pool , and are of the opinion that a special permit fon which application is made is in .harmony with the purpose and in-' 1 tent of the Ordinance , and should be granted. Record of this meeting. is on file with all data furnished for this hearing. hI By unanimous vote , the Board has therefore voted to grant a Special Permit to installand maintain said pool as requested, subject to the following CONDITIONS':I k I 1 . Bona fide effort made to minimize noise and lights in order to avoid disturbing privacy of neighbors . 2 . Use ofjlthe pool shall cease at 10:00 P.M. 3, Pool siRall be constructed and maintained in accordance with the Gen- eral Laws of the Commonwealth of Massachusetts , applicable to Swimming Pools, land the rules and regulations of the City of Salem Building Code , Board of Health, Electrical Department , Police Department , and the ZoningIOrdinance . . 1 4. Pool shall be surrounded on all sides with a permanent wall or fence at least four feet high; the fence shall have a locking device and a closing device so as to keep the gate shut at all times ; a minimum of one ladder, stair, ledge or standup area , not over three feet belowl the water surface shall be provided for each seventy-five feet of per- imeter; rimeter; fence shall have only one opening, three feet maximum width I� 5 . Pool shall be constructed of materials that will provide a structur , ally s and and tight tank with impervious surfaces that are easily ' cleaned. 6. No swimming pool or appurtenances thereto shall be installed or al= tered until a building permit has been obtained from the Building Inspector who may issue such permit 21 days from the date stamped ox! this decision in the office of the City Clerk. II' SPECIAL PERMIT GRANTED WITH CONDITIONS. BOARD. OF APPEiIALS, By Ze 5eecretary ", Ss U of ` 05 �y '�� Dumb of cAvveal yr,�1 CITY L SAL.l. �.yC .e �`�'nf'lT�(,'QN PETTOI�GOPOOLBLANCHE ZETES MASOI�FOR A SPECIAL .PERMIT WILLIAM F. ABBOTT 0 I ALL A SWIMMING r JAMES H. BOULDER JOSEPH F. BOYLE JOHN M. CRAY, R. ARTHUR LARRECOUE Petitioner appealed to the Board of Appeals for EMERY P. TAN`" J. NORMAN WELCH, JR. a Special Permit to allow the installation of a swimming pool :it 56 Mason Street . A hearing was held on this appeal on September 20 , 1.971 , pursuant to notices mailed postpaid to the petitioner, board members , abutters , and others , and advertisements published in the Salem Evening News advising of this Public Hearing . Board Members present at this hearing were William Abbott , James Boulger, Joseph Doyle , and Associate members Emery Tanch and J . Norman Welch, Jr. The Board, in the absence of regular Members John M. Gray and Arthur E. Labrecque , delegated authority to vote on this appeal to the Associate Members . The Board members have the facts presented to the meeting, together with a plotplan showing location of pool , and are of the opinion that a Special Permit for which application is made is in harmony with the purpose and 46 intent of the Ordinance , and should be granted . Record of this meeting is n file with all data furnishedfor this hearing. By unanimous vote , the Board has therefore voted to grant a Special Permit to install and maintain said pool as requested, subject to the following CONDTTTONS : 1 . Bona fide effort made to minimize noise and lights in order to avoid disturbing privacy of neighbors . 2 . Use of the pool shall cease at 10: 00 P.M. L 3 . Pool shall be constructed and maintained in accordance with the Gen- eral Laws of the Commonwealth of Massachusetts , applicable to Swimming Pools , and the rules and regulations of the City of Salem Building Code , Board of Health, Electrical Department , Police Department , and the Zoning Ordinance . 4 . Pool shall be surrounded on all sides with a permanent wall or fence at least four feet high; the fence shall have a locking device. and a closing device so as to keep the ; ate shut at all ti.mes ; a minimum of one ladder, stair, Ledge or standi.ip area , not over three feet below water surface shall be provided for each seventy-five feet of perim- eter; fence shall. have only one opening, three feet maximum width. I)1� CI.S.ION - ISI.AN(;III, /,li'1'ES, 56 Mason. Street ) cont ' d. Pool shall be constructed of materials that will provide a structurally _ M-und and tight tank with impervious surfaces that are easily cleaned. 6 . No swimming pool or appurtenances thereto shall be installed or altered until a building permit has been obtained from the Building Inspector who may issue such permit 21 days from the date stamped on this decision in the office of the City Clerk. SPECIAL PERMIT GRAN'T'ED WITH CONDITIONS . BOARD OF APPEALS, BY 0 /// Secretary i Q r CS Cy ti Ci v y <a 2 . 5 . 71 CLERICAL ERROR CORRECTED - WORD "NOT" INSERTED IN_ PROPER PLACE THIRD 'LINE FROM THE BOTTOM OF LAST �wO 51... .PARAGRAPH. ,r; �30arb of '4yeal WILLIAM P. ABBOTT DECISION ON PETITION OF PHILLIPS PETROLEUM COMPANY TO JAMES H. BOULCER ALLOW FOR TRUCK RENTAL AND CAR RENTAL AT EXISTING JOSEPH P. DOYLE SERVICE STATION, LOCATED AT THE CORNER OF NORMAN AND JOHN M. OKAY, ARTHUR LABRECOUE CROMBIE STREETS, BEING NUMBERED 28-32 NORMAN STREET. i EMERY P. TANCH / J. NORMAN WELCH, JR. / Petitioner appealed to the Board of Appeals to vary the terms of the City Zoning Ordinance to allow for truck rental and car rental at an existing automobile service station located at 28-32 Norman Street, corner of Crombie Street. A hearing was held on this appeal on January 25, 1971, pursuant to notices mailed postpaid to the petitioner, abutters, board members, and others, and advertisements published in ;the Salem Evening News. i All Board members were present at this hearing, excepting Mr. Doyle who was unable to attend. i Mr. Winer, proprietor of the service station appeared to explain the case the same as in the original appeal on file; existing zoning laws do not allow for truck rental and car rental. Mr. Winer has a towing license from •the Commonwealth of Massachusetts. Mr. Folcom of the Hertz Rental Company appeared with the petitioner in favor of granting this, appeal . Attorney John S.;Whipple and George Winters appeared, representing the Holyoke Mutual;'Fire Insurance Company, and presented a letter from F. P. Story, Vice President and Secretary of that concern, stating they wished to go on record to the effect that they are opposed to the approval of a variance. for an unrestricted and unlimited truck and car rental operation. They further presented photographs showing six views of the existing con- ditions at this service station. Councillors Joseph Ingemi and Jean Levesque appeared to be recorded as zlz opposed to granting this variance, as did Mrs. Wendt, 18 Crombie Street ; it was pointed out to the Board that there are existing violations of regulations for operating service stations, and in general, conditions at this location are unsightly. After a careful study of the facts presented in this case , the Board found there was no hardship shown, and that a permit to operate an automobile service station does not cover the proposed use to rent trucks and cars, and with two members abstaining from voting, voted to grant the petitioner leave to withdraw. �' LEAVE TO WITHDRAW BOARD OF APPEALS BY Acting) Secretary %Titu x11 "�5ralem' w5suc4nutts D.C Parb of 'lFypal 1. 28- 71 WILLIAM F. ABBOTT JAMES H. BOULGEH JOSEPH F. DOYLE JOHN M. GRAY, SR. DECISION ON PETITION OF PHILLIPS PETROLEUM COMPANY TO ARTHUR LABRECOUE ALLOW FOR TRUCK RENTAL AND CAR RENTAL AT EXISTING EMERY E. TANCH . JR. ,SERVICE STATIONL WELCH NORMAN OCATED AT THE CORNER OF NORMAN AND CROMBIE STREETS, BEING NUMBERED 28-32 NORMAN STREET. Petitioner appealed to the Board of Appeals to vary the terms of the City Zoning Ordinance to allow for truck rental and car rental at an existing automobile service station located at 28-32 Norman Street , corner of Crombie Street . A hearing was held on this appeal on January 25, 1971 , pursuant to notices mailed postpaid to the petitioner, abutt,ers, board members , and others, and advertisements published in the S—alem Evening News. All Board members were present at this hearing, excepting Mr. Doyle who was unable to attend. I Mr. Winer, proprietor of the service station appeared to explain the case the same as in the original appeal on file ; existing zoning laws do not •allow ifor truck rental and car rental . ! Mr. Winer has a towing license from the Commonwealth of Massachusetts. Mr. Folcom of the Hertz Rental Company appeared with the petitioner in favor of granting this appeal. Attorney John S. Vihipple and George Winters appeared, representing the Holyoke Mutual Fire Insurance Company;', and presented a letter from F. P. Story, Vice President and Secretary of that concern, stating they wished to go on record to the effectithat they are opposed to the approv---- al of a variance for an unrestricted/ and unlimited truck and car rental operation. They further presented photographs showing six views of the existing conditions at this service + station. Councillors Joseph Ingemi and Jean Levesque appeared to be recorded as opposed to granting this variance, as did Mrs .Wendt, 18 Crombie Street; it was pointed out to the Board that there are existing violations of regulations for operating service/ stations, and in general , conditions at this location are unsightly. After a careful study of the facts presented in this case the Board found there was no hardship shown, and that a permit to operate an auto- mobile service station doe V cover the proposed use to rent trucks and cars, and with two members abstaining from voting, voted to grant the petitioner leave to withdraw. I BOARD OF APPEALS LEAVE TO WITHDRAW. BY -4 , ' (Acting) Secretary yCOSRI rq Otu of '�5'alem, asmrlluse##s ?9oorb of �Vpal nrgg�M�F.Mrc� I 40LLIA7. ABBOTT DECISION ON PETITION OF SUZAN E. BAUM TO OCCUPY JAMES H. BOULGER PREMISES AT 81-85 NORTH STREET FOR REPAIR AND JOSEPH P. DOYLE SALE OF AUTOMOBILES. JOHN M. GRAY, SR. ARTHUR LABRECOUE l EMERY P. TANCH Petitioner appealed to the Board of Appeals to vary the J. NORMAN WELCH, ,R. terms of the City Zoning Ordinance to permit occupancy of the entire premsies for the repair and sale of automobiles. A hearing was held on this appeal on April 26, 1971, pursuant to notices mailed postpaid to the petitioner, abutters, board members, and others , and .advertisements published in the Salem Evening News. All Board members were present at this hearing excepting Mr. Doyle who was unable to attend. Mr. William Mercier, present occupant, appeared for the owner of the property and the petitioner, his daughter. He explained the case the same as in the original appeal on file; the land is situated in an area zoned for Industrial purposes and for Neighborhood Business purposes; the larger portion of the land is zoned for Industry and automotive uses and the occupancy he proposes would be permitted; the entire area would be required for said use and a variance is required because the smaller portion of the land is zoned for Neighborhood business. He is in the plumbing bus- iness and intends to relocate; his daughter owns the site in question and has a prospective buyer whose business is repairing cars and who now has prospects of selling cars also; surrounding properties are all commercial •Cnature and include a paint store , a gasoline service station, a leather p and a construction business. No one appeared in opposition. The Board, after a thorough study of the facts presented in this case , was of the opinion that the proposed use would : be in harmony with the neighbor- hood and would not derogate from the intent and purpose of the Ordinance; the Board further found that the use of the area for repairs to and sales of automobiles is permitted in the Industrial districts and .further found that as part of this land is zoned for Industrial purposes granting a var- iance to permit such use would cause no detriment to the public goods and for these reasons, voted unanimously to grant the variance as requested. APPEAL GRANTED. BOARD OF APPEALS, BY � Acting Secretary �0 �10EllS o�A �� 71 „Y,f.O]L1TiY y �i# of Salem, gassar4usEi#s • J PIIFIXb of �kyJE2T1 WILLIAM R. AaBOTT DECISION ON PETITION OF CHARLES J. MC ARDLE TO OCCUPY JAMES H. BOULDER JOSEPH R. DOYLE THE PREMISES AT 153 NORTH STREET AS A SIX-FAMILY JOHN M. DRAY. SR. DWELLING. ARTHUR LASRECOUE EMERY P. TANCH J. NORMAN WELCH, JR. Petitioner appealed to the Board of Appeals for permission to occupy the premises at 153 North Street as a six-family dwelling. This dwelling is located in an R-2 district , zonedifor two-family residences. A hearing was held on this appeal on November 23, 1970, pursuant to notices mailed postpaid to the petitioner, abutters, board members, and others, and advertisements published in the Salem Evening News, advising of this hearing: All Board members were present at that hearing, excepting Mr. Doyle who was unable to attend. Petitioner appeared and explained the case the same as in the original appeal on file; he proposes to reopen this building as a six-family dwel- ling; it was formerly a nonconforming use in this two-family district, and as the building has been vacant for longer than twelve months, the nonconforming use can not be allowed to continue. Members of the City Board of Health were present at this hearing, and presented a copy of a letter from their files, dated August 16, 1967, advising that after their inspections of this structure and after peti- tioner.-had been advised of the restults of their inspections, this build- ing was condemned and placarded as unfit for human habitation. Peti- tioner was further advised of his rights to request a hearing before said Board of Health. Board members agreed to furnish information on existing conditions at 153 North Street to the Appeals Board who were in unanimous agreement that this appeal should be denied, but agreed to withhold any decision in this matter until additional information was forthcoming from the Board of Health. A copy of the results of a further inspection by the Board of Health, dated January 5, 1971 , indicating the building is structurally dangerous was received by the Appeals Board. Hearing was resumed on this appeal at the January. hearing of the Board, at which time, with all members present excepting Mr. Doyle, it was voted unanimously to deny this appeal . - l BOARD OF APPEALS. APPEAL DENIED. SSVW 'W31V$ A11Jq BY . Acting} Secretary .� 03A13038 sy t„CU., , Pvarb of ' lFwal rr'r%OI614�r WILLIAM F. ADROTT 1.28- 71 JAMES H. BOULDER JOSS PH F. DOYLE JOHN M. GRAY, SR. r ARTHUR LABRECOUE DECISION ON PETITION OF ROBERT MC ALPINE, TO INSTALL EMERY P. TANCHA SWIMMING POOL AT 28 NORTAEND AVENUE. J. NORMAN WELCH, JR. In accordance with Section V, Paragraph B and Section VII, Paragraph J, of the City of Salem Zoning Ordinance petitioner appealed to the Board of Appeals for a Special Permit to install a swimming pool at 28 Northend Avenue , in accordance with plot plan submitted. A hearing was held on this appeal on January 25, 1971, pursuant to notices mailed postpaid to the petitioner, abutters, board members, and others, and notices published in the Salem Evening News . All Board members were present at this hearing, excepting Mr. Doyle who was unable to attend. Petitioner appeared and explained the appeal, the same as in the original petition on file ; there are three children in the family and it is not 40ossible to take them to the local beaches during the Summer because of ppetitioner' s schedule of working hours, not only during the week but also on weekends; having a pool for their relaxation and recreation would re- lieve this hardship. No one app­ in opposition. The Board found that this appeal was properly before it as the Ordinance requires that a Special Permit be obtained from this Board before a build- ing permit to install a swimming pool may be issued by the Inspector of Buildings, and voted unanimously to grant said Special Permit to the . pe- titioner on the condition that applicable regulations of the Commonwealth of Massachusetts and the City of Salem be observed. SPECIAL PERMIT GRANTED. BOARD OF APPEALS BY � a (Acting) Secretary SSVW 'W31VS U:3ii3J -H IG,J T°t U IT 2C�EiTT' � ftSaS�C C SE RF['FIV.:.p, •' 4' z �2 ' f 9�' 39joarYb III ' 1Fyj Il r, FEB Z6 ' 05 Cj I OIrFACE WILLIAM F. ABBOTT SALL,N1, MASS. JA..ES H. BOULDER DECISION ON PETITION OF ARTHUR AND JEAN TOWNE, 15 OAKLAND JOSEPH F. DOYLE JOHN M. BRAY, SR. STREET, TO ERECT AN ADDITION TO EXISTING TWO-FAMILY DWELLING.' ARTHUR,LABRECDUE EMERY P. TANCH J. NORMAN WELCH, JR. The Inspector of Buildings refused to issue a permit to erect an addition to an existing dwelling at 15 Oakland Street because of nonconformity of lot area and setback requirements of the City Zoning Ordinance . Petitioner appealed to the Board of Appeals to vary -the terms of the Zoning Ordinance , and a bearing was held on this appeal on February 22, 1971 , pur- suant to notices mailed postpaid to the petitioner, abutters, board members, and others , and advertisements published in the Salem Evening News , advising of this public hearing. Board Members present at the hearing included Mr. Abbott , Mr. Boulger, Mr. Gray, Mr. Labrecque and Mr. Tanch; unable to attend were Mr. Doyle and Mr. Welch. Petitioner appeared and explained the case the same as in the original. ppeal on file ; he proposes to erect this addition to provide a family room nd master bedroom on the first floor, and two bedrooms with a half-bath on -:-- -the second floor;- this would be -solely for -his' £amily ' s-use ; en the are two adults . and four children in the family, and their total living area consists of five small rooms ; the crowded' living conditions 3Ire not- con duc- ive to maintaining good health and comfort ; there is a secon ,. dwellin.g unit which is rentedto others, and the financial. assistance this -supplies is necessary to maintain . the property; ..present economic conditions indicate that adding to the existing structure to provide adequate housing and com- fortable living quarters for the family is the - only realistic Solution to this problem. Owners of the two, abutting properties presented their written approval to favorable action of this Board on this appeal. No one appeared in opposi- tion. . The Board found that the size of this lot and .the location of the dwelling thereon conform to the neighborhood which was developed many years before the present Zoning Ordinance became:. effective , and to grant this appeal '! would cause no detriment to the public good and would not substantially derogate from the intent and purpose of the Ordinance , and further found . that if petitioner were to construct this addition to his dwelling and provide more spacious housing and more convenient and. comfortable living conditions for himself and his family, a serious hardship would be elim- . inated., and for these reasons voted unanimously to grant this appeal as •requested. APPEAL GRANTED. BOARD OF APPEALS BY iaE ' �9 _ (Acting, Secretary "CONDIr1 �r of '5zalem' 1.28. 71 WILLIAM F. AEBOTT JAMES H. BOULDER JOSEPH F. OOYLE JOHN M. GRAY, ER. DECISION ON PETITION OF FLORENCE PAPAGEORGE AND MIKE D' ISSO, ARTHUR LABRECOUE EXCS. , FOR VARIANCE FROM APPLICABLE DENSITY REQUIREMENTS OF EMERY P. TANCH NORMAN WELCH, JR. ZONING ORDINANCE AFFECTING EXISTING STRUCTURES ON LAND AT 181-183 OCEAN AVENUE, AND FURTHER VARIANCE FROM USE REQUIRE- MENTS OF SAID ORDINANCE. Petitioners appealed to the Board of appeals for a variance from the appli- cable requirements of the City Zoning Ordinance , affecting existing struc- tures on land at 181-183 Ocean Avenue, with regard to lot areas , lot widths, front , side and rear yard setbacks from boundary lines. A hearing was held on this. appeal on January 25, 1971, pursuant to notices published in the Salem Evening News advising of this hearing, and notices of the hearing mailed postpaid to the Petitioners, their attorney, board members, abutters, and others. 1 All Board members were present at this hearing, excepting Mr. Doyle who was unable to attend. i • Counselor John R. Serafini appeared for the petitioners and explained the case the same as in the original appeal on file; these lots were -in- exis=- tence prior to zoning laws, and the structures thereon were built more than forty years ago; there are no ,structural changes contemplated, and there is no intent to change present use of these buildings. Ward Councillor Joseph Ingemi appeared in favor of granting these variances. No one appeared in opposition. After a careful review of the factsP resented in this case the Board found that petitioners require these variances to permit conveyance of both parcels , and further found that granting the variances would cause no detriment to the public good, and would not substantially derogate from the intent and purpose of the Ordinance , and for these reasons voted unanimously to grant this appeal as requested. APPEAL GRANTED. BOARD OF APPEALS. BYs rng SS7W 'W3lGS Acti ) ,Secretary 33IdA0 Alto ' /116 Hi SS C BZ Nvr 17J,7i��3a 1 �Y tGO]biT.L JUC1+9p1'.wr'^ WILLIAM F. ABBOTT JAMES H. BOULGER JOSEPH F. COYLE DECISION ON PETITION OF MR. AND MRS. BENJAMIN CHASE TO ERECT JOHN M. GRAY' SR. AN ADDITION TO AN EXISTING DWELLING AT 16 ORLEANS AVENUE . ARTHUR LABRECOUE EMERY P. TANCH J. NORMAN WELCH, JR. The Inspector of Buildings refused to issue a permit to erect an addition to an existing dwelling at 16 Orleans Avenue because of nonconformi-ng land and structure with relation to the requirements of the City Zoning Ordinance . Pel;itioner appealed to the Board of Appeals to vary the terms of the den- _ sity requirements of the Ordinance , and a hearing was held. on this petition on March 79 , 1971 , pursuant to notices mailed postpaid to the petitioner, abutters , Board Members , and others , and advertisements published in the Salem Evening News . Board Members present at this hearing included William F. Abbott , James A . Bout-ger, John M. Gray , Sr. , and Arthur E. Labrecque ; unable to attend were meiilbers Joseph Doyle , Emery P. Tanch, and J . Norman Welch, Jr. Oeti.tioner appearedand explained the case the same as in the original appeal on file ; the house was built prior to the present Zoning Ordinance adoption; the lot is undersize , 6130- square feet and the Ordinance requires an area of 7000 square feet in this district ; there is a ni.ne foot front yard instead of the presently required fifteen feet , and the rear yard falls short by two feet of the existing density regulations ; petitioner proposes to construct, a family room 15 ' x 31 ' ; half of the cellar area is ledge , and having teenagers in the family creates a hardship on all of the family due to lack of available space for them . Mr. and Mrs . Robert Fournier, abutters , appeared in favor of granting this appeal. . No one appeared in opposition. After a careful study of the facts presented in this case , the Board found that many of the dwellings in the area were constructed prior to the adop- tion of the present zoning Ordinance and do not conform with existing den- sity regulations with regard to lot area and setbacks; the Board further found that a hardship exists as the family is hampered by a lack of space for recreation and activities of the younger members , and for these reasons voted unanimously to grant this appeal as requested . APPEAL GRANTED. SSdV '3IV$ BOARD OF APPEALS . 3�Ida0 :::11 'ib �l�tl 9£ GJ �Actingl Secretary 63 INIIII Cit ofSalem �x t zzse#ts ' RECF!v .D Paurb of �ypeal Jug 17 9 22 AM '71 �:. CITY l U*.; r, 'I OFFICE WILLIAM F. ABBOTT SALEM: MASS. JAMES H. ROULGER DECISION ON PETITION OF JANET M. CASS TO DISPLAY AND JOR. YLS JOHN M. GRAY, $R, ,SELL PAINTINGS AT 16 SUMMER STREET AS 'A HOME OCCUPA- HN ARTHUR LARRECOUE TION, AND TO INSTALL A SMALL SIGN. EMERY G. TANCH - J. NORMAN WELCH, JR. The Inspector of Buildings refused to issue a permit to allow the display and sale of paintings at 16 Summer Street and to install a small sign in connection with such operation. The City of Salem Zoning Ordinance: requires that a Special Permit must first be obtained from the Board of Appeals for such use and occupancy. Petitioner appealed to the Board of Appeals , and a hearing was held on this petition on May 24, 1971 , pursuant to notices mailed postpaid to the peti- tioner, abutters , Board, Members , and others , 'and advertisements published in the Salem Evening News , advising of this public hearing. All Board Members were present at the hearing, excepting Mr. Doyle and Mr. Welch. •titioner appeared with Counselor John Ward who explained the case the me as in the original appeal on file ; she proposes to use one room on the first floor of her home for the purpose of displaying pictures for sale ; entrance to the shop will be at the rear of the structure where there is ample parking space ; she also wishes to install a small sign on the front of the building advertising the shop; petitioner stated the addi- tional income is necessary to carry a mortgage , taxes , and general upkeep of the building. Mr. Ward, also an abutter, indicated he did not oppose granting of this petition. Counselor J. Dever appeared with Mr. John Kelley, an abutter, residing at 3 Cambridge Street ; they pointed out that use of the premises as proposed would derogate from the historical aspects of Salem, that Mr. Kelley ' s house is an historic structure , and the surrounding area is not really residential but is becoming commercial in nature . The Board reviewed all of the facts presented at this meeting and found that the operation of the proposed shop would not derogate from the intent and purpose of the ordinance as this would be a home occupation-permitted in this district by Special Permit , and further found that the added income would alleviate hardship in providing revenue to defray--e-xpense.s—of—_axes , mortgage payments , and maintenance required for the upkeep of the property;— — and. having in mind that a display sign of restricted size may be permitted also with regard to home occupations , the members present voted unanimously to grant a Special Permit as requested to permit this home occupation in accordance with the Zoning Ordinance requirements for such use , and to low installation of a sign with the following condition: 1. Sign shall be non-electric , of an area not greater than 12 square feet , and attached against the building, and not protruding therefrom. 1 SPECIAL PERMIT GRANTED AS REQUESTED. BOARD OF APPEALS, - BY . "lli#g of 5akm' gnssadpatttD f r Poarb of A1e (PR 28 2 29 PN 11 JucJnah�'. CITY CL'cti'r ''5 13FFICE SALEM MASS: WILLIAM P. ABBOTT JAMES - DECISION ON PETITION OF EDWARD P. NORTON 48 SUMMIT AVENUE JAMES H. BOULG Efl ! ! JOSEPH P. OOYLE FOR SPECIAL PERMIT TO INSTALL SWIMMING POOL. JOHN M. GRAY, SR. ARTHUR LABRECOUE - EMERY P. TANCH J. NORMAN WELCH, JR. Petitioner appealed by direct appeal to the Board for a Special Permit to install a swimming pool , in accordance with the City Zoning Ordinance , Section V-Paragraph B, Subparagraph 1-e . A hearing was held on this appeal on April 26 , 1971 , pursuant to notices mailed postpaid to the petitioner, board members , abutters , and others , and advertisements published in the Salem Evening News advising of this public hearing. All board members were present excepting Mr. Doyle who was unable to attend. Mrs . Norton appeared and stated it is sometimes difficult to get to the pub- lic beaches , and having a private pool on the premises would be a great con- venience for the family. A plot plan showing the location of the proposed pool was submitted to the board members . We Board was of the opinion that a special permit for which application is made is in harmony with the purpose and intent of the Ordinance , and should be granted. Record of this meeting is on file with all .data furnished for this hearing. By unanimous vote, the Board therefore voted to grant a Special Permit to install and maintain said pool as requested, subject to the following CONDITIONS• 1. Bona fide .effort made to minimize noise and lights in order to avoid disturbing privacy of neighbors . 2 . Use of the pool shall cease at 10:00 P.M. 3. Pool shall be constructed and maintained in accordance with the General Laws of- the Commonwealth of Massachusetts , applicable to Swimming Pools , -and the rules and regulations of the City of Salem Building Code , Board of Health, Electrical Department , Police Department , and Zoning Ordinance . 4. Pool shall be surrounded on all sides with a permanent wall or fence at least four feet high; the fence shall have a locking device and a closing device so as to keep thd -gate shut at all times ; a minimum of one ladder; stair, ledge or standup area,, not over 'three feet below • water surface shall be provided for each seventy-five feet of perimeter; fence shall have only one opening, three feet maximum width. `1 - 2 - 5. Pool shall be constructed of materials that will provide a structurally sound and tight tank with impervious surfaces that. are easily cleaned. •6 . No swimming pool .or appurtenances thereto shall be installed or altered until a building permit has been obtained from the Building Inspector who may issue such permit 21 days from the date stamped on this decis- ion in the office of the City Clerk. SPECIAL PERMIT GRANTED WITH CONDITIONS. n a N-G nl qn co � BOARD OF APPS, n a-, N m_ N -G BY / Acting Se(R.et--4ry • • 60 of `' lEm, s��I��zsPs i )z , kyry.,iP dam° WILLIAM E. ABBOTT DECISION ON PETITION OF ANTHONY LETTICH FOR VARIANCE JAMES H. BOULDER WITH REGARD TO DENSITY REGULATIONS AFFECTING EXISTING JOSEPH F. ROYCE JOHN M. GRAY, $R. STRUCTURES AT 6, 81 and 10 SYLVAN STREET. ARTHUR LABRECOVE EMERY P. TANCH J. NORMAN WELCH, JR. Petitioner appealed to the Board. of Appeals to vary the terms of the den- sity requirements of the City Zoning Ordinance , affecting existing struc- tures at 6, 8 , and 10 Sylvan Street . Pursuant to notices mailed postpaid to the petitioner, Board Members , abutters , and others , and advertisements published in the Salem Evening News advising of this appeal, a hearing was held on May 24 , 1971 . All Board Members were present at this hearing, excepting Mr. Welch and Mr. Doyle who were unable to attend . Counselor John R. Serafini appeared for the petitioner, and explained the case the same as in the original appeal on file ; there are three dwellings and a garage on the premises ; buildings have been in petitioner' s family for fifty-three consecutive years ; the family now wishes to dispose of the Wo4erty, but requires variances affecting lot areas, setback requirements , d number of buildings on lot ; property will be divided for conveyance purposes, as shown on plan submitted. Nn one appeared in opposition. Appearing in favor of granting this appeal , was Blanche Gaudreault , an abutter at 56 Mason Street . After a careful study of all of the facts presented in this case , the Board found that these structures have existed for possibly as many as one hundred years ; that the greater number of structures in the neighborhood are presently situated on lots of comparable area ; that these structures are located on these lots in like manner with regard to front , side , and rear yard setbacks; the Board further found that to grant the variances as requested would cause no detriment to the public good and would not substantially derogate from the intent and purpose of the Ordinance , and that to deny this appeal would cause severe hardship to the petitioners in preventing their conveying their properties to others as they wish , and for these reasons , voted unanimously to grant the variances as requested. BOARD OF APPEALS PETITION GRANTED. ,9 ! „ By 01 :. 55yN Y131V5 (Acting —Secretary bK Ilia s� a of Or 0*ni�J CITY OF SALEM, MASSACHUSETTS ZONING BOARD OF APPEALS ' Uj Case No. C7) �N September 13, 1971 LU �, PETITION OF THINK RINK INC . FOR SPECIAL PERMIT DECISION v� This is a petition dated July 23, 1971, filed as an original matter with the Board of Appeal of the City of Salem under Section IX_D of the Salem 'Zoning Ordinance by Think Rink Inc, , a corporation duly organized and validly existing under chapter 180 of the General Laws of the Commonwealth. The applicant was incorporated July 29, 1968 as "Marblehead Sports Foundation, Inc ." The name of the corporation was changed March 24, 1969 to Think Rink Inc. The applicant owns a parcel of land ( the locus) located generally between �y a certain way on Tedesco Street, in Salem, and Mystic Road and Florence Road, in Marbbhead. The common municipal boundary line of Salem and Marblehead bisects the petitioner' s land. The locus has an area of about 227 ,904 square feet ( 5.23+ acres) of which 69,035 square feet are in Marblehead and 158,869 square feet are in Salem. The petitioner seeks a special permit for an exception under Section V, Par. B( 1) ( j) of the Salem Zoning Ordinance ,to construct and operate on the locus a recreation building to contain an ice. skating rink, in conformity with the Building Code and the above- mentioned section of the Salem Zoning Ordinance, in furtherance of the non-profit, charitable and educational purposes which are public, for which the petitioner is organized, and is so designated by the Internal Revenue Service of the Federal Government. -1- A revised plot plan and scale drawing of the proposed work were • submitted with the petition , and at the public hearing on August 23, 1971 before the Board. The petitioner further states in its petition that if the driveways or the number of off-drive parking spaces as shown on said plot plan as accessory uses to said building should be deemed not in compliance with the provisions of Section V, Par. B( 1) ( S) (4) and (5) -- though the petitioner contends in its petition and before the Board that said driveways and the number of off-drive parking spaces are in compliance -- then, pursuant to the provisions of Section IX-E of the Salem Zoning Ordinance, the petitioner requests a variance from the terms of the Zoning Ordinance. In applying for the special use permit and variance -- if such variance is deemed necessary -- the petitioner states in its petition and contended before the Board that it does not waive any immunities, exemptions, or rights it may have by force of General Laws, chapter 40A, section 2, or otherwise. A public hearing on the petition was held by the Board on August 23, 1971,. at 7: 15 P.M. in the Council Chamber of the Salem City. Hall conformably to secs. 17-18 of chapter 40A of the General Laws, `afff The Board caused due notice of the time and place of the hearing i and of the subject matter of the petition sufficient for identification to be published on August 6 and August 9, 1971 in the Salem Evening k News, a newspaper of general circulation in Salem and Marblehead, and also sent by mail, postage prepaid, an attested copy of the newspaper notice to the petitioners and to the owners of all property deemed by the Board to be affected thereby, as they appeared on the S most recent tax lists of both .Salem and Marblehead, and to the i i -2- planning board of Salem, and to other boards and officials of the • city deemed to be interested therein. Proponents and opponents were given a full and extended hearing. Atty. Israel Bloch, of Lynn, represented. the petitioner, Atty. William E. O ' Brine represented the objectors. Daniel J. O' Brien, Jr. , the Salem Building Inspector, was present and testified. All regular members of the Board were present and sat on the case. They were John M. Gray, Sr. , chairman , Joseph F. Doyle, Esq. , clerk, William F. Abbott, James H. Boulger, Sr. , and Arthur E. Labrecque. Emery P. Tanch, Associate Member, was also present but did not participate in the proceedings or decision . The petition was taken under advisement following the public hearing and. was continued without decision to the next meeting of the Board on September 13, 1971, at which all regular members were present and voted unanimously to grant the petition. Mr. Doyle was delegated to prepare the Board' s opinion. This Board granted on April 25, 1971 to the petitioner a special permit to erect a recreation building on the locus and a variance as to the height of the building. However, no provisions were appended to the permit and no adequate reasons were stated in the decision , as required by the Zoning Ordinance ., The decision of the Board was appealed and the appeal is pending in the Superior Court without having been heard on its merits. The present petition before the Board differs in essential and substantial aspects from the previous petition and is different in kind from the petition granted by the Board on April 25, 1971. The locus , since April 25, has been enlarged by the addition of a parcel of land with frontage on Mystic Road. No variance as to the height of the building or any other variance is now being sought. The building will comply with the height restrictions of the Zoning -3- Ordinance. The plans filed with this petition and the evidence • introduced at the public hearing on August 23, 1971 establish com- pliance in every essential respect with the Zoning Ordinance standards and requirements for the granting of this special permit. The present petition presents a much stronger case than the earlier petition which the Board granted. The Board may therefore act on this petition without regard to the outcome of the pending court case involving the earlier petition and decision of this Board. By grant- ing this petition, the issues raised in the pending court suit will be rendered moot. The locus is in an R_1 zoning district under the Salem Zoning Map and Ordinance. In an R-1 zone the following uses and buildings are permitted as of right: Detached single-family dwellings , nursery, elementary and secondary schools, public parks and playgrounds, public libraries, churches and similar places of worship, parish houses, convents and monasteries, institutions of higher education, public and private golf courses -- and accessory uses. Uses permitted in an R_1 District by special permit of the Board, in accordance with Section IX-D, include: professional offices and other home occupations, marina, waterfront boat yards, waterfront yacht clubs, outdoor swimming pools, Salem Hospital, including private clinics within 1500 feet of same, North Shore Babies and Children' s Hospital, Salem Hospital for Chronic Diseases, dormitories owned by Salem Hospital or the State College, and pertinent to this petition "Recreation Buildings" . . . with attached -4- provisions, in substance as follows: ( 1) All other applicable • provisions of the Salem Building Code and Zoning Ordinance must be complied with. ( 2) The ownership of the establishment must be a non-profit charitable corporation so chartered by the Commonwealth of Massachusetts and so designated by the Internal levenue Service of the Federal Government. ( 3) The use of the premises shall be construed as being "public" . There shall be no restrictions of any type regarding membership of any organization and/or club by race, creed or color while the building is opened to the " public" , with certain restrictions on rectal for "public assemblies. " (4) Drive- ways at least 25 feet wide with 5-foot walkways, . . . ( 5) Off-drive parking spaces . . . at a ratio of one ( 1) space for each thirty-six ( 36) feet of free floor area ( equipment and service rooms not included in such areas) plus one ( 1) . Section V, Par. B( i) ( j) . , pages 20 -21 • of the Zoning Ordinance. The standards for the Board' s guidance in passing on a petition for a special permit are found within the Salem Zoning Ordinance itself . These standards are not as stringent as those for granting a variance. The only statutory (G.L. c.40A , s.4) limitations on exceptions or special permits are that they shall be applicable to all districts of a particular class or character set forth in the Zoning Ordinance and shall he in harmony with its general purpose and intent. Lawrence v. Board of Appeal of Lynn, 336 Mass. 87. The standards in the Zoning Ordinance by which the Board is to be guided are the following: Section VIII , end paragraph, states: "Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeals may brant Special Permits as authorized by Section IX-D when the same may be granted without substantial detriment to the public -5- good and without nullifying or substantially derogating from the • intent and purpose of this Ordinance. " Section IX-D,. first paragraph, states : "In hearing and decid- ing applications for Special Permits, the Board of Appeals shall decide such questions as are involved in determining whether such Special Permit should be granted, and shall grant Special Pormits with such conditions and safeguards as are appropriate under this Ordinance, or shall deny Special Permits when not in harmony with the purpose and intent of this Ordinance. " The purpose and intent of this Ordinance are in accord with those of ' the Zoning Enabling Act (G.L. c.40A, ss .2-3), which briefly stated are "promoting the health, safety, convenience, morals or welfare of the inhabitants of Salem . . . and to preserve and increase its amenities. " • Based on the evidence before the Board and facts of common knowl- edge, the Board finds the following facts and states the following reasons as being adequate findings related to the purpose and intent of the Zoning Ordinance for granting this petition: 1. The locus has an area of 5.23+ acres, of which approximately 3.9 acres were acquired by the applicant by gift from the town of Swampscott by vote of its representative town meeting in March, 1969. The additional land was acquired by purchase from private owners on October 13, 1970 and July 14, 1971 respectively. . The locus is an excavated and abandoned gravel pit. It has lain idle for many years. It is roughly bounded southerly by a way off Tedesco Street . The way is partly in Salem and partly in Marblehead. A water-filled pit is in the southeasterly corner of the site. On its easterly and northeasterly side, it is bounded by a tree-covered bluff ranging -6- in height 24-28 feet above the floor of the site. Florence Road • dead-ends at the easterly edge of the bluff. Mystic Road dead-ends at the northeasterly edge of the bluff. Tall trees and other growth on the embankment of the bluff conceal houses on those streets from the site. The locus has 100 feet frontage on Mystic Road ( 50 feet on thepaved portion of Mystic Road and 50 feet more on the un- finished extension of Mystic Road) . The land slopes down from Mystic Road to the floor of the locus , making it possible to build a con- nector road or driveway along the slope of the embarkment. The northeasterly, northerly, and northwesterly sides of the locus are encircled by a pond whose waters empty into the Forest River. The pond at the northerly side of the locus is at the foot of Legg' s Hill. The land on the westerly side of the locus is undeveloped -- as is Legg' s Hill -- with no access from nearby • streets in Salem. Some houses on distant streets westerly of the locus are partially visible from the locus . The nearest house in Salem is at the end of a deed-end street some3 00 - 400 feet distant from the westerly side of the locus. The houses in Salem are close to the Vinnin Square Shopping Center, and to a parking lot of the Tedesco Country Club, and a Marblehead [dater Department Station on Tedesco. Street near the entrance to the locus. The locus has no sewer or water utilities. Its only access presently is from Tedesco Street , beside a Lynn Gas Company power station, and across the street from one of the two parking lots of the Tedesco Country Club. Development of the locus for residential purposes would be so costly as to be prohibitive. The site is not suitable or desirable -7- for single-family construction. The most appropriate use of the • land within this zoning district is for a recreation building such as the applicant seeks in its petition . E The applicant as a matter of right could locate its building } entirely on that portion of its land lying within Marblehead. Neither t the principal use nor the accessory uses of this recreation building I would require a special permit or variance under the zoning by-law of the town of Marblehead. However, the applicant would still re- quire use of that portion of its locus in Salem for off-street park- Ing purposes . The only present means of reaching that portion of i the applicant' s land lying in Salem is through its land in Marblehead. The Salem side of its site appears the most feasible and least ob- jectionable location of its proposed building. The proposed building will be so located on the floor of the E • f gravel pit as to reduce to a minimum its visibility from nearby areas where homes are located. 2. The petitioner and its proposed recreation building and its proposed uses square with the requirements of Section V, Par. $( 1) ( j) hereinbefore quoted. See pages one and two of petitioner' s f Articles of Organization, its Certificate of Change of Name, and F t Internal Revenue determination letter, copies of all of which are incorporated herein by reference and made part hereof. 3. Think Fink Inc . was organized by a group of Marblehead, Salem and Swampscott citizens to build a convenient, safe, and super- vised community recreation facility containing a skating rink. That such a facility is needed and that it will preserve and increase the -8- Z amenities of Salem and surrounding communities , . in accordance with • the purposes of the Zoning Ordinance , has been amply demonstrated by studies made by the petitioner over a period of several years, by evidence presented to the Board as well as by the Board' s personal knowledge and awareness of present conditions and needs of our youth and other residents in our communities. 4. There is a critical shortage of available space and time in the nearest existing ice rinks in Lynn, Revere , Melrose and Stoneham. Ice time in existing facilities frequently must be re- served for unreasonable hours between 3 A.M . and 5 A.M. or 11 P.M. to 12 P.M. for use even by school children and high school hockey teams . For one hour' s indoor practice time, the Marblehead High School hockey team on occasion has travelled to Concord, New Hampshire. . Other local citizens have travelled to Groton, Massachusetts, Exeter • and Concord, New Hampshire for indoor skating. The hours and distances so travelled by the school youth present a danger to their health and safety. The proposed facility will tend to eliminate such danger for a substantial number of them, in accord with the purposes of the Zone Ordinance. 5 . Local ponds and streams , even when frozen over, are most times unsafe for skating, but are utilized nonetheless by children despite police-posted "Danger" signs. When these bodies of water are sufficiently frozen for skating, they are preempted by hockey players. 6. Skating in this area is a popular and pleasant means of training, recreation, sport, and improving physical fitness among both sexes, all ages and social classes, and is limited only by • lack of proper, available , safe and convenient facilities. -9- 7 , The towns of Marblehead and Swampscott give skating instruction in youth hockey as an extension of their educational programs. Marblehead currently enrolls 100 children between the ages of 7 and 17 , and Swampscott enrolls 10 children between the ages of 10 and 14 in such programs. Letters of intent have been received by petitioner from Salem, Marblehead and Swampscott school coaches to use the proposed facility for these programs . Because of lack of facilities , school hockey programs in this area can presently accommodate only one out of three boys who wish to participate. S . School boys from this area have been bussed to rinks in Lynn, Revere, Melrose , Stoneham, Billerica , Andover and Exeter, to practice at unreasonable hours . The .proposed facility would offer a solution to the three municipalities and their school systems of the problem of such cross bussing. The close association in the • use of the facility would tend to promote the spirit of sportsman- ship among the participants and their school contemporaries. q . The facility could be utilized for other supervised local school programs, as well as for group and individual instruction in figure skating, physical fitness lectures and demonstrations. 10 . The locus is ideally situated geographically and suited for the proposed purpose. The site is at or near the intersection of the boundaries of Salem, Marblehead and Swampscott, at the business and residential outskirts of all three municipalities. 11. The location is easily accessible over several established . traffic routes by public transportation, and will not contribute to in-town traffic congestion. The site is close to the expanding major shopping center in and about Vinnin Sn_uare in Swampscott , Marblehead, and Salem. The entrance to the locus off Tedesco Street _10- is across the way from a Tedesco Country Club parking lot and close to another of the Club' s parking lots on the same side as the locus. A Lynn Gas Company power station is separated by six feet of vacant land from the westerly side of the entrance to the locus off Tedesco Street . 12 . Traffic and off-Irive parkirg by users of the facility should present no problem to the neighborhoods , as the nature of the use of this kind of facility results in staggered coming and going of people and vehicles . It will not add significantly to present traffic generated by the nearby Vinnin Seuare shopping and business district. The adverse effect , if any, on the value of nearby residences in Salem or Marblehead, is speculative and is not established. 13. As our communities continue to grow and become more • urbanized, a facility of this nature becomes increasingly desirable to maintain and improve the quality of living of the inhabitants. 14. While the proposed building will be a recreation building within the meaning of the Salem Zoning Ordinance, the activities and programs to be conducted therein will also be of a cultural and educational nature within the broad scope of the educational purposes which are public for which the petitioner is organized. By its stated educational purposes, the applicant is brought under the protection of Section 2 of chanter 40A of the Zoning; Enabling Act which declares invalid any zoning ordinance which prohibits or limits n the use of lap for or an educational purpose which is public . The he Board, however, does not rest its decision on this ground alone, as other factors in this case may amply support the Board' s decision. • 15. As of May 31, 1970, 1,887 subscribers had pledged or donated a total of $ 44.412 towards this project. The projected -11- cost of the facility, if not further delayed by litigation, will be approximately " 765,000 . - 16. The impressive roster of trustees -- some 75 in number of the petitioner contains the names of men and women who over the years have been prominent and active leaders in the legal, medical, engineering, religious, athletic , publishing, business , civic, political and educational life of local communities. ' 17. The laudable motives, wise planning and efficient execution of plans by the group of eminent and dedicated citizens gives promise that the operation of the petitioner' s proposed facility will be in furtherance of those purposes for which it is organized, and will tend to promote the health, safety, convenience, morals or general welfare of the inhabitants of this city and our neighboring towns, and to preserve and increase their amenities. 18. At the hearing by the Board, Atty. Israel Bloch, counsel for the petitioner, offered legal documents and other exhibits, in support of the petition, and discussed the legal aspects of the petition in relation to the pending court action. He presented quali- fied witnesses for the petitioner on other than the legal aspects of the subject matter. They were Eugene F. Hilwig, an engineer; Dr. Willard Perry, Jr. , president of the petitioner, both of Marblehead; Dr. John Ballou, of Salem; John F. Burke, Swampscott Building Inspector and building contractor; and Edward P. Hannon, former chairman of the Swampscott Board of Selectmen, chairman of the executive board of. petitioner, who spoke in rebuttal to the opponent' s arguments. Also addressing the Board in favor of the petition was Donald L. Orne, of Marblehead. • Salem Building Inspector, Daniel J. O' Brien , Jr. , explained to the Board how he arrived at the number of 274 required off-drive park- ing spaces for the facility , which n,:r`-er the Board adopts. • _1. 19. Atty. O'Brine stated he represented certain objectors with- out identifying them and offered in evidence besides photographs and other material, a. list of objectors opposed to the petition. The argument of the attorney chiefly concerned itself with the law respect- ing variances and the earlier petition which is the subject of the pending oourt eppeol. His arguments d1a not bear on the issue before the Board, which is the granting of a special permit based on present evidence before the Board, in conformance to the express provisions of the zoning ordinance. 20 . The only other persons voicing opposition to the location of the facility at the August 23 hearing were Albin W. Rynkowski and Herman M. Davis, both residents on Mystic Road, Marblehead. Their arguments centered mainly on the location of the facility and possible increase of auto traffic on their street. These objectors would have no basis for complaint if the facility and accessory uses were located entirely within the Marblehead portion of petitioner' s land, since a philanthropic institution may locate as a matter of right under the zoning by-law of Marblehead in that residence district. 21. The Salem Zoning Ordinance implies regulation of a recreation building of the kind sought by the petitioner rather than its pro- hibition. Y.D. Dugout , Inc . v. Board of Appeal of Canton, 1970 Adv.Sh.201. On the evidence the Board would be unjustified to prohibit br thwart the proposed use. Opposition is not to the facility as such, but to its proposed location. Such opposition is contrary to the established policy of the ordinance that any single residence district in Salem is a possible site for this kind of recreation building. Burnham v. Board of Appeal of Gloucester, 333 Dass. 114. 22. The provisions of Section V, Par. B( 1) ( j) ( 4) relating to driveways and entrances will be complied with by the petitioner, as appears on the petitioner' s revised plot plan filed with the petition. The revised site Plan shows two access roadways (Tedesco Street and Mystic Road) in compliance with the provisions of the Zoning Ordinance. No variance from these provisions is required. 23 . Clause ( 5) of Section V, Pa.r.B( l) ( j) presents a unique problem. That clause reads: "Off drive parking spaces ( in accord- ance with design standards of Section VII , Par. C , subparagraph A of. this Ordinance) must be Provided at a ratio of one ( 1) space for each thirty-six ( 36) feet of free floor area ( equipment and service rooms not included in such areas) plus one ( 1) ." Nowhere else in the ordinance is the term "free floor area" mentioned or defined. The Ordinance (page 2) provides: "Definitions . of words and/or terms not specifically listed hereinafter in this Section IIB shall be defined in accordance with: "The Dictionary of Architecture" ( Latest Edition) , Edited by Henry T. Saylor, and published by John Wiley & Sons, Inc. , New York, If no definitions are listed in the Architectural dictionary, the definition shall be in accordance with the latest edition of The Merriam-Webster Un- abridged Dictionary, edited by G. & C . Merriam Co. , and published by G. & C . Merriam Co. , Springfield, Mass. " However the term is not defined in either of those dictionaries or in any other zoning , dictionary or reference work related t2/architecture or buildings that has been brought to the Board' s attention. We therefore _14- accept the construction placed on the term "free floor area" by the Salem Building Inspector who is charged with the duty of ad— ministering the Zoning and Building Ordinances. His interpretation of the term "free floor area! as applied to this type of building s is that it includes areas "freely" accessible to the public, and I excludes areas in the building reserved for special or restricted { purposes and uses, to which the public does not have unlimited or free access. Other areas of the building may broadly be de- i fined as "equipment" or " service rooms . " i According to its floor plan , the building will cover a ground , , area of 33, 725 square feet . The interior space is apportioned' as follows: ( 1) main ice area and walkway around it , 19,324 square feet; ( 2) patch ice area ( for instruction, etc . ) 5,894 square feet; ( 3) bleachers, ramp, and access walks, 3,949 square feet; , r (4) stage , 2, 886 square feet ; ( 5) rest rooms , locker rooms, and adjacent hallways , 3906 square feet ; ( A) mechanical areas, 394 i square feet; ( 7) lobby, including shops, offices, snack bar, 3, 640 square feet , totalling in the interior of the building, 40 ,493 square feet of space (not necessarily floor space) . Locker rooms will be located under the bleachers. Best rooms will "sit" one floor on top of the other. Mechanical areas will be located under the seating areas. In calculating the "free floor areas" , the building inspector includes bleachers , ramps and access walks ( 3949 square feet) ; the 1 i lobby (exclusive of shops , offices , and snack bars) ( 1?20 Square k feet) ; rest rooms , locker rooms , and adjacent hallways ( 3906 square i t -15- feet) , totalling 9675 square feet. On the basis of one parking space for every 36 square feet of free floor area , the minimum number of parking spaces thus required by the Building Inspector, and therefore by the Board, is 269 plus 5 , or 274 spaces . If. a variance from the terms of the Ordinance were required to allow 274 off-drive parking spaces, or the driveways or access roads. shown on the applicant ' s site plan, the Board would grant such a. variance or variances because owing to the physical conditions and . circumstances hereinbefore mentioned especially affecting the locus but not affecting generally the district in which it is located a literal enforcement of the provisions of the ordinance would in- volve substantial hardship, financial or otherwise to the petitioner, and desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the ordinance. However, the Board repeats that it finds that the applicant' s provisions for the park- ing spaces and driveways comply with the Zoning Ordinance, and that no variance is required for either. The Board finds that the petition may be granted without sub- stantial detriment to the public good and without nullifying or substantially derogating from the intent and purpose of the Salem . Zoning Ordinance, and that granting the special permit in fact will be in harmony with the nurpose and intent of the Ordinance . The Board therefore grants to the applicant the special permit for the construction and operation of the recreation building and any accessory buildings and uses of its land, as prayed for in its -16- , petition , subject to the following conditions as part of the permit: 1. All other applicable provisions of the Salem Building Code and Zoning Ordinance must be complied with. 2. The ownership of the establishment must be a non-profit charitable corporation so chartered by the Commonwealth of Massachusetts and so designated by the Int -nal Revenue Service of the Federal Government. 3 . The use of the premises shall be construed as being "Public. " There shall be no restrictions of any type regarding membership of any organization and/or club or by race, creed or color while the building is opened to the "public" . However, the premises may be "rented or hired" for "public assemblies" or to other non-profit corporations of a similar type as the owner, provided however that " such rental" shall riot exceed five ( 5) consecutive days or more than five ( 5) days in any month, or not more than forty ( 40) days in any twelve ( 12) months . A notice stating the intent of such usage must, be filed with the City Clerk with a cony sent to the Building Inspector at least ten ( 10 ) days before such usage is contemplated. A written approval from the Building Inspector, with a copy sent to the City Clerk must be obtained before any such usage. 4. There shall be paved driveways at least twenty-five (25) feet wide with at least one ( 1.) paved walkway five (5) feet wide at the edge of the drive . The drive may not be "dead-end" but must have at least two entrances to an established public way. Such entrances if on the some street shall be at least three hundred -1?- r ( 300) feet apart measured from the nearest edge of the drive. No . parking shall be allowed at any time on the drive. �II 5, . Off-drive parking spaces ( in accordance with design stand- ards of Section VII , Paragraph C , Subparagraph A of the Salem Zoning I Ordinance) must be provided at a. ratio of one ( 1) space for each thirty-six ( 36) feet of free floor area ( equipment and service rooms not included in such areas) plus one ( 1) . Accordingly two hundred seventy-four ( 274) such parking spaces shall be provided. The Building Inspector therefore is authorized and directed hereby to issue to the petitioner appropriate building construction , and use and occupancy permits in conformity with this decision and the building code of the city. The foregoing also contains a record of the Board' s proceedings in this case. Those portions of the Board' s decision relating to the special permit for the construction and operation of the recreation build- ing and those portions of the decision relating to roadways , access roads, or off-,drive parking spaces are to be deemed severable. If any condition or portion of the decision should be held invalid or in excess of the Board' s authority, the remaining conditions or nortions of the decision nonetheless are to remain unaffected thereby. This is the unanimous decision of the Board. BOARD OF APPEALS By: Jos ph T . Doyle, Cle c �_lg_ C-3 f-- 67 bto]UpL r .�v ,r� '�•,, Mr' m �- (ITitu ofSIEms �z�l�ue## = _ oarb of '1Vpral y,; aUD DECTSTON ON PETTTTON OF DONALD R. BURNHAM TO INSTALIrnA = WILLIAM R. ABBOTT - S1vTMMTNG POOL AT 42 WALTER STREET. AMES R. BooLCER PETTTTON HEARD AT APPEALS BOARD MEETTNG — JOHN M. GRAY, SR, ARTNVR LABRECOOE EMERY P. TANCR J. NORMAN WELCH. JR, The Board Members have the facts presented to the meeting, together with a plot plan showing location of pool , and are of the Opinion that a Special Permit for which apnai.cat,ion is made is in harmony with the purpose and intent of the Ordinance , and should be granted . Record of this meeting is on file with all data furnished for this hearing. Py unanimous vote , the Board has therefore voted to grant a Special Permit to install and maintain said pool. as requested , subject to the following - CONDITIONS : 1 . Bona fide effort made to minimize noise and lights in order to avoid disturbint; privacy of neiChhors . 2 . Use of the pool shall cease at 10:00 P . M. 3. Pool. shall. be constructed and maintained in accordance with the General Laws of the Commonwealth of Massachusetts , applicable try Swi.mmi.n; Pools , and the rules and regU lati.Pns of the City of Salem Bnildi.n.; Code , Board of Health , El.ectri.cal Department , Police Department , and tl:e Zoning Ordinance . 4 . Pool. shall be surrounded on ill sides with a permanent wall or. fence at least four feet lhigh ; the fence shall have a luckin;; ' device and n rl.osinCdevice so as to keep the gate shut at all times ; a min-imum of one ladder, stair, ledge or standup area , not over three feet below water surface shall. be provided for each seventy-five feet of peri.meter; fence shall have only one opening, three feet maximum width. j. Pool shall be ronstrurted of materials that will provide a structurally sound and tight tank with impervious surfaces that are ensil-v cleaned . 6 . No swi_mmin, pool or appurtenances thereto shall he installed or altered until. a bu lding permit has been obtained from the Bui.ldin Tnspertor who may issue such permit 21days from the date stamped on this decision in the office of the City Clerk . CPECIAL PERMTT GRANTED WITH CONDTTIONS. BOARD OF APPEALS, BY Acting Secretary 7 ,coNT), N I I ­ Ctu of ";5Z, akm, Aassuchusettz rri M ..P. curb of Appeal 11 r1m. WILLIAM ,F.J�SOOTT DECISION ON PETITION OF EDMOND RICHARD TO PERMIT J�E =:ND JOSEPH I.JAMES H. CbYLE ER OCCUPANCY OF PREMISES AT 219-251 WASHINGTON STREET FOR 10.N M. GRAY, S.. B-4 DISTRICT ZOINTING PURPOSES . ARTHUR LABRECOUE EMERY P. TANCH J. NORMAN WELCH, JR. Petitioner through his Counselor John R. Serafini , appealed to the Board of Appeals to vary the terms of the City Zoning Ordinance to permit use of his property at 219-251 Washington .Street for zoning purposes for the B-4 --disiricts . A hearing was held on this appeal on May 24 , 1971 , pursuant to notices mailed postpaid to the petitioner, his attorney, abutters , Board members , and others , and advertisements published in the Salem Evening News advising of this hearing. All ,Board members excepting Mr. Doyle and Mr. Welch attended this hearing. I Counselor Serafini appeared for the petitioner, and explained the case the same as in the original appeal on file ; in 1965, this entire area was zoned for B-4 uses , "Wholesale and Automotive" ; in 1969 , amendments to Ie City ZoningOrdinance designated a portion of the land for R-3 "Multi- ' amily Residential" uses , and the remaining portion was unchanged from the B-4 uses ; petitioner titioner now has an opportunity to sell the entire parcel ; plans submitted were drawn for the Mobil Oil Corporation, and showed proposed location of three-bay service station building and accessory fix- tures , including gasoline pumps and storage tanks . Ward V Councillor Jean Levesque appeared in favor of granting this appeal . No one appeared in opposition. Board members studied all of the facts and plans presented with this peti- tion, and noted that the proposed site of this automobile service station is unia'ue in comparison to other approaches to the center of the City ; three main arteries feed into one approach; traffic is fast-moving on both sides of this street , the side proposed for the location of the service station carrying traffic towards the center of town, around a sharp curve , and proceeding downhill ; traffic directly across from the proposed service station is uphill and again rounding a sharp curve or crossing incoming traffic to proceed along Harbor Street ; for these reasons , the Board mem- bers were .of the general opinion that installation of an automobile service station at the proposed site would increase existing hazards of fast-moving in, traffic for pedestrians and motorists. With one member voting to grant this petition, and one member voting "present" , the remaining three members present at this hearing voted to ry this petition to grant the variance . BOARD OF APPEALS, APPEAL DENIED. BY tActing) Secretary � y - !� l C x U.ZIYT. of c7t21PII2' 21cIClISP �a 3 m 7 �Noarc of cAppeal (7 w WILLIAM F. ABBOTT M V JAMCS H. BOULGER DECISION ON PETITION OF ARTHUR JANNELL, 192 WASHINGTON SQUARE JOSEPH F. DOYLE JOHN M. GRAY, SR, ARTHUR LABRECOUE EMEIiY P. TANCH J. NORMAN WELCH, JR. Petitioner by direct appeal applied to the Board of Appeals to vary the terms of the City Zonin�, Ordinance to permit his use of the premises at 192 Washington Square as an Americana Museum for the display of a collec- tion of models , antique reproductions , and other historical objects . A hearing was held on this petition on July 28 , 1971 , pursuant to notices mailed posr,paid to the Petitioner, abutters , board members , and others , and advertisements duly published in the Salem Evening News , advising of this public hearing. Attending the meet:i..ng were Board. Members ,John Gray, William Abbott , Joseph F. Doyle , James 6oulge:r, and ArLbur, Labrecque ; associate Member Emery Tanch Jr. , was also in attendance . Petitioner appeared and explained the case the. same as in the original ap- peal on file ; the building had been previously occupied as an Americana ,8useum until gut; Led by a fire several years ago; petitioner proposes to renovate the structure and to occupy same :for a Museum of Americana , dis- playing a collect-ion of models , antique reproductions , and other historical objects . No one appeared to be recorded in opposition; however, mention was made of a rodent; problem. After a thorough review of the facts presented in this case , the Board found that other buildings in the immediate vicinity having historic backgrounds are open to the public for viewing, and further found that the conduct of such an enterprise in this residential district would not derogate from the intent and purpose of the Ordinance and would not cause detriment to the public good , and for these reasons , voted unanimously to grant petitioner a Special Permit for the operation of his Americana Museum, provided that it is conducted in strict accordance with the following conditions : 1 . Occupancy shall be restricted to the use specified in Petitioner' s appeal , i . e . " to display collection of models , antique reproductions , and other historical objects" . 2 . No automobile -is to be displayed or stored in the building. 3 . Sales of objects , retail or wholesale , shall not ,be permitted; however, exchanges with other museums shall be allowed if the usual , 40 procedure to oLtai.n merr li utd i.se t,o be exh.i.bi ted :is adhered to . . 4 . P,I-iLldinl shall. 1-r,ve t:o he exlterminated before any work is commenced. N� ' ' rr rn rn '_ 2 N r Entire property shall be renovated. in m 6 . Observe the recommendation that parking in the museum area be limited to twenty minutes in fairness to occupants of residences in the neigh- borhood . CITY OF SALEM - - BOARD OF APPEALS, SPECIAL PERMIT GRANTED WITH CONDITIONS. 0 BY / 'Secretary " • :b C) C 2 rn E �TY.GOSI IFA .l M f' !'7 (iLtt of alvm, �$ttssuchuse##s W � a ►' rn JG'�N(IVI.+r' n DECISION ON PET ITION ' OF THE COLUMBUS SOCIETY OF SALEM WILLIAM F. ABBOTT TO CONSTRUCT AN ADDITION TO AN EXISTING STRUCTURE AT JAMES H. BOULCER 94 WASHINGTON SQUARE EAST. JOSEPH F. OOYLE JOHN M. GRAY, SR. ARTHUR LABRECOUE EMERY P. TANCH J. NORMAN WELCH, JR, Pursuant to a Notice of Public Hearing mailed postage prepaid to the Peti- tioner, Board Members , abutters , and others , and advertisements published in the Salem Evening News, a Hearing was held on this appeal on April 26th, 1971 , in the Council Chamber. All Board Members , excepting Mr. Doyle , were present at this hearing, w Attorney John Jennings appeared for the Petitioner, with members of the organization Kenneth Mizioch and William Toomey. Counselor Jennings recited the statement of appeal as it appears in the petition, filed, and pointed out that the Petitioner is a non-profit , char- itable organization; petitioner proposes to erect an addition to expand existing facilities in present building which is presently non-conforming with regard to permitted uses for this (R-2 ) district, zoned for two-family Opilings ; Section V, Par. B, Sub-paragraph 1 - j of the City Zoning Ordin- ce allows the Board of Appeals to 'grant a Special Permit for such use in this district ;, also, a variance is required because of inadequate side yard setback from Briggs Street ; present structure is 2.6 ' from side boundary and the proposed addition will follow the line of the building; present structure is inadequate for current needs to maintain the organization and continue charitable and related endeavors . Ward II Councillor Joseph O'Keefe appeared in opposition; \letters declaring opposition to this appeal were received and filed from Kathleen Hay, Mary and Vincent Goubeau, Gertrude Suwinska , Richard and Pauline Mikulski , and James B. Siiatswell ; also voicing opposition were Robert Scagliotti and Richard McClosky. Complaints of poor housekeeping of the area , insuffic- ient parking places , noisy departure of guests were presented by those . opposed to this petition. The Board carefully considered all of the arguments made , being familiar with the particular building involved which has been occupied by the Society for forty years or more. The Board was also aware that in other areas of the City which were classified as "two-family" districts , and/or considered to be "historic" , that the use of a building by such non-profit , charitable organization is not uncommon, and this type of use in all districts had been part of the City ' s makeup for many years , both prior to and subsequent to the adoption of the various zoning ordinances, further found that in fact such Special Permit use of this type was not unusual in a residential .strict , and had been contempleted by the City of Salem Zoning Ordinances 6n they were adopted, and that sections therein gave the Board authority to act on requests . of this type after consideration of the facts . r � The Board also was aware that the area around Salem Common, including peti- 0oner' s location has two funeral homes , a sailors ' home , doctors ' offices, former Automobile museum, apartment houses , and multiple dwellings . The Board found that Petitioner is an organization comingwithin the exception set--forth in the Zoning Ordinance , and the existing use is in accordance with said Ordinance , and the sideyard setback variation is necessary to con- tinue line of existing structure , allowing entrance and egress from two streets . After careful consideration and e`v'aluation of all circumstances , and after giving consideration to the various arguments advanced by interested parties , the Board voted to grant a Special Permit as to expansion of use , and a var- iance ', th regard to sideyard setback of the proposed structure , with the following conditions : 1. Frontage of property on Washington Square shall be hot-topped. 2. Yard area is to be kept clean and free of debris at all times. Board Members -voted unanimously to grant appeal as requested with the afore- menti-oned.conditions. I APPEAL GRANTED. CITY OF SALEM - - BOARD OF APPEALS. NJ BY Acting Secretary � o xn� Tr- 7t7 " TT1 R- 1 si WG _. ofIem, ttss �I#uP##s n h T Pourb of cZ pprnl DECTSION ON PETTTTON OF ESTATE OF ANNA DELLAMONTCAJ1,T Z WRI,AM P. AIIM>„ ELST,E M. VASAhOLLT , EXECUTRIX, (daaghter) FOR VARTAXCE_Z TO fEItI'CT A SIN(1LE FAMi'LY 1)WELI,TNG ON EACH OF TWO LOPS J9e11'll .. IIU YLL nnw M. 011AY, NII. AT 1011 and .1.U4-1 VALLEY STREET. ARTHUR LAURECOUE EMERY P, TANCH J. NORMAN WELCH, JR. Petitioner appealed to the hoard of Appeals to vary the terms of the City Zoning Ordinance w.ith ,regard to lot frontage requirement as it affects Lots ylo4 and #Io4-1 Valley Street . A hearing was held on this appeal. on June 21 , 1971 , pursuant to notices mailed postpaid to the petitioner, Board Members , abutters , and others , and ndverti.sements published in the Salem Evening News advising of this 1'uhl Ir Hell rlu;;. All Board members were present excepting Mr. Gray and Mr. Doyle who were unable to attend. Mrs . Vasapol.l.i , executrix of the estate , appeared and explained the case the, same as in the original appeal. on file ; after the death of Anna Della- onica the land was left as it now is as there was no need to sell i.tr e.Yopportunity to sell has- presented itself now, but a variance is required 111.11-�a^^^9 to lot width as neither lot conforms to the frontage requirement of the density regulations of the 'Zoning Ordinance effective since it was amended and adopted in 1965. No one appeared in opposition. The Board members carefully studied all of the facts presented in this case and found that the plan presented showed the lots to be adjoining, each with adequate .lot area . but insufficient frontage and a variance would be necessary before conveying either or both of these lots to new owners , in order to permit utilizing the land .for dwelling units , specifically single family dwellings for which the district is presently zoned; the Board mem- bers found that to grant the variance as requested would relieve hardship to petitioner in disposin:L, of the two parcels of land shown on the plan aspetitioner has no further Ilse for this land ; the Hoard further found that to grant, the variance would cause no detriment to the public good and would not derogate from the intent and purpose of the Ordinance as many ex- isting structures in this distr:i-ct have frontage comparable in width, and for these reasons , voted unanimously to grant the variance as requested. APPEAL GRANTED. 'S5VH 'H31VS BOARD OF APPEALS 331Aar. 1.:-,, , Alli / J By Azc' - (16 NJ as C h1 HIT Acting: Secretary ` � ll�nl:lJ32! L