Loading...
APPEALS DECISIONS 1972-1973 u� 1972 STREETS '_NAME _PAGE Appleby St. 33 Solomon,Wallace 1 Balcomb,St . 6-$ Symonds $t .29-31-33 Metropolis,James 2 Barnes Road Lot#26$ Lindsey,James 3 Barr St. 31 Sawicki,Henry 4 Barr St . 3$ Wall,Robert 5 Barr St . 3$ Coronet Realty Trust 6 Barstow St #64 Kolodziej,Alexander 7 Boston St. 10 Maderios Humberto $ Boston St . 31 Ma uire,George &Robert 9 aoston St. 6$ Mij in,Sandy d/b/a launders Formal Tux Wear 10 Bridge St. 3 Clarizia,Peter 11 Broadway Lot #96 Zorzy,Plato 12 Canal St. 2$5 Atwood & Morrill Co. , Inc . 13 Cedarcrest Rd. 6 Dion,Roland 14 Charlotte St . 6 Tanzer,Esther 15 Cloverdale Ave . 5 $artlett,Raymond 16 Colonial Road tblet & Hayes 17 Colonial Rd.& - Jefferson Ave . Colonial Real Estate Trust 1$ Derby St. 54 F1omp,Spir6s 19 Derby St. 143 Theriault, Sophie and Henry 20 Endicott St . 3$ Moulison,James 21 English St. 40 Page,Francis&Ruth 22 Fairview Rd . 21 Harrington,Kevin 23 Felt St. 64 Lutts,Richard 24 Forrester St 15-17 -Gallant Ronald- 25 Fowler St. 14 Kelley, Helen 26 Gables Circle 3 Grady,Peter 27 Galles Circle 15 Canavan,Robert 2$ &ables Circle 17 D'Agostino,Louis 29 Gallows Circle 4 Comeau, Thomas 30 Gallows Hill Road 51 Francis,Richard 31 Goodell St 15 - Parent,Leo 32 Hartford St. Lot#2$5 Salem Acres, Inc . 33W Hawthorne Blvd. 6 Zarella,Margaret 34 Highland Ave . 107 VonWeiss,John Dr. 35 Highland Ave. 11$ Blanaru,Alexe 36 Highland Ave . 320 LaChapelle, Jean 37 Highland Ave. Lot- `672 Rosenberg,Judith 3$ Highland Ave. 0£f Highland REalty Trust 39 'A �^ Horton Road Lot Z Megalopolis REalty Trust 40 " ' Irving St . 7 Zion REalty Trust 41 ` 1 Irving St . 43 Kasprzyk,Fred 42 k" 1 Jackson,St. LOO De Francesco & tons,John 43 i Jefferson Ave . 61 St.Pierre-,Albert&Lorraine 44 Jefferson Ave . 24$-250-252 Belleau,Gporge & Ernest III 45 1 Jefferson Ave . 274 Frechette,Raymond 46 Juniper Ave . 16-1$ Wilber,William Jr. 47 Kosciusko St 1$-20 McKinnon,William 4$ 1 Lafayette St. 225 Maguire,George&Robert 49 Lafayette St. 2$5 Abodeley,Fred 50 Lafayette St. 323 Orne Street Realty Trust 51 Lafayette Place 1 Kondon,Anthony Dr. 52 .(' �CE�•x�91TA WILLI>M F, l9BOlT V '4.ES R. BOLIGEH ��t YZ{ (P � �T55itPv JOSEPH F. OIJYLE RECEIVED j JOHN M. GRAY, $q. DEC ^ t H 17Z r EMFOH v, i11"C � I� � �� 1 ��� � ���� J. NORM nnI IYE LC X. iH T CITY CLErVS oFFiCE UU1'6ti SON PETITION OF WALLACE SOLOMON TO INSTALL A SWIMMING POOL AT 33 APPLEBY ROAD. IN accordance with Section VII, Par. J. of the City of Salem Zoning Ordin- ance , petitioner appealed to the Board of Appeals for a Special Permit to install a swimming pool. f, Hearing ,ras held on this appeal on November 20, 1972, pursuant to notices mailed postpaid to the petitioner, board members , abutters , abutters to the abutters, and others , and advertisements were duly published in the f Salem Evening News , advising of this Public Hearing. i j. In addition to Chairman John M. Gray, Sr. , Board members present were Donald Koleman, Warren Baughn; and William F. Abbott . Petitioner appeared and explained the case the same as in the original appeal on file . Ward Councillor Hosman appeared with the petitioner to be recorded in favor of granting this appeal. No one appeared in opposition. The Board Members have the facts presented to the meeting, together with a Plot plan showing location of pool at rear of lot , 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. i 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 • - - I 1 . Bona Fide effort made to minimize noise and lights in o aar to avoid disturbing privacy of the 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 pqiols and the rules of the City of Salem Building Code , (BOCA Code) , Board of Health, Electrical Department , Police Depart- ment 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. z - � 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 permit has been obtained from the Building Inspector who may issue such permit 21 days after the date stamped on this decis- ion in the office of the City Cleric. SPECIAL PERMIT GRANTED WITH CONDITIONS . I; ; CITY OF SALEM - - - BOARD OF APPEALS, I'. I I _i 1 I BY � (Acting) Secretary O, H J L31 cc40 Y i �rr i 7 2 i i 3�3 I j oftt1em, I�tsscl��zse##s �G V0 WILLIAM F. ABBOTT DECISION ON PETITION OF JAMES METROPOLIS TO ERECT TWO TWO- JAMES H. BOULGER JOSEPH F. GGYLE STORY MULTI FAMILY DWELLINGS ON LAND AT 6-8 BALCOMB STREET JOHN M. GRAY, SR. AND 29-31-33 SYMONDS STREET. ARTHUR LABRECOUE EMERY P. TANCH J. NORMAN WELCH, JR. By direct appeal through Counselor John R. Serafini , petitioner requested that the Board of Appeals grant a variance from the applicable requirements of the City of Salem Zoning Ordinance with regard to two structures on one lot , lot frontage , and front , side and rear yard setbacks , affecting the subject property situated at the intersection of Symonds and Balcomb Streets , as so designated by the Petitioner, in order to construct twenty-four apart- ment units on said property. A hearing was held on this appeal on February 28 , 1972 , pursuant to notices mailed postpaid to the Petitioners , their attorney, abutters , Board Members , and others , and advertisements published in the Salem Evening News advising of this Public Hearing. Board Members present at the hearing were John M. Gray, James Boulger, William Abbott who acted as clerk, Arthur E. Labrecque, and Associate Member J. Norman Welch, Jr. ; unable to attend the hearing were Joseph F. Doyle and Associate Member Emery P. Tanch. Counselor Serafini appeared on behalf of the Petitioner and introduced evi- dence to the effect that the buildings in question would be erected in accordance with plans submitted so as to permit twelve units in each of - two buildings; two existing structures now on the lot were to be torn down and the existing foundation of a building on the premises , which formerly I housed the dairy, was to be utilized as the foundation of one of the proposed buildings ; evidence was introduced that the area in question was in a very unsightly condition, that the buildings created a hazard, that they collec- ted debris and were an eyesore to the neighborhood; evidence was entered that the area already consisted of two family dwellings , that there was a small commercial neighborhood, and that the major portion of the location in question was already zoned for B-1 , Neighborhood business purposes , which _ permits construction of multi-family units ; it was further pointed out that to grant this variance would permit the City realize additional taxes , would enable unsightly neighborhood conditions to be remedied, and would enable Petitioner to utilize this property for the purposes permitted in a major portion of this property. There were several neighbors present who spoke and who registered their approval of the plans presented. No one appeared in opposition. i+ 'SSVW 'N31�S Allo AR (continued) WV ht Fj {� k: 2 . The Board found as facts that a very small part of the property in question was zoned for R-2 residence purposes and that the greater portion of the lot area was zoned for B-1 uses permitted in the Neighborhood Business dis- tricts which include multi-family dwellings ; that the area in fact was unsightly and the neighborhood and the City would benefit if it were re- stored to a clean and attractive condition. The Board further found that to grant the variance as requested would relieve hardship to the petitioner in permitting him to utilize this property for the purposes for which the major portion is already zoned. After due consideration and discussion, the Board voted unanimously to grant the variance as requested so as to permit the construction of twenty- four dwelling units as requested, and further , by unanimous vote to allow use of existing building foundation on lot line on Balcomb Street and Sy- monds Street , on condition that a stockade fence six feet in height be erected on the easterly side of the property. APPEAL GRANTED WITH CONDITION. CITY OF SALEM - - BOARD OF APPEALS , • • BY rM� Acting Secretary es ry rn P1 +a �.a WILLI6M F. ABBOTT 'yL JAME:.H..BOVLOER JOSEPH F OGV IE `, ry RRTHVft L7.1c. •F ry��`$y )`♦) �Y ;• vn.rh .VA �'p2al EMERY V TPNCN f 1 1. NO P.MeN \VE ICM, li'. DECISION ON PETITION OF JAMES A. LINDSEY TO ERECT A SINGLE, FAMILY D'.vELLING ON LOT w: ' oftt1Puc, � tt� tt��iu�Ptts Dara of �ppral =cl•rm.�`5` LLIAM F. AAA°„ MIS lDECISION ON PETITION FOR SPECIAL PERMIT TO INSTALL l i. BOVLG[R "IH E. OOYLE SW7.MMINU POOL. J HN M, GRAY, SR, J I,H" `TARE`O°E PFTITIONER - - HENRY SAWICKI E nETY v: iANGH , 31 BARR STREET. 1. NORMAN WELCH, JR. A hearing was held ori this appeal on July 3.0, 1972 , pursuantt to nuices m:;iiled postpaid to the petitioner . board members , abutters , and otbprs , c.nul advertisements were duly published in the Salem Lven:iug News , advising of this Public Hearing. Present at this hearing were Board Members John M. Gray, Sr. , Chairman of the Board , J. Norman Welch, Jr. , Arthur E, Labrecque, and William F. Abbott who acted as secretary to the meeting in the absence of Joseph F. Doyle ; also unable to attend was Associate Member Emery P. Tanch. Petitioner appeared and explained the case the same as in the original appeal„; on file . No one appeared in opposition. Tht, Board members liax e the, facts presented to the meeting, together with a •pluc plan showing location of pool , and are of the opinion that a Special. Permit for which application is made is in harmony witli 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 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. (continued) I � j - 2 - 5 • 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 Building Inspector who may issue such permit 21 days from the date stamped on this decis_io� in the office of the City Clerk. SPECIAL PERMIT GRANTED WITH CONDITIONS : ' CITY OF SALEM - - - BOARD OF APPEALS , Acting) Secretary I • l 95��pnr�,, - - - wiuinM F 4aeorr . JAMES N BOU,,ER {}Tf !�' �} y�' JOSEYN F UOVLE '( 5'1 :, _ Y.%L Ll 5talrnn, lar,"JJr L4♦.Ji.JSI Ls;:6:.Jn. 4 JO�.N M aEMERY OR HP anTAIR,R J. NORMAN YyyJ 3f CANfyHd a1VEJ I ( ry DECISION ON PETITION OF ROBERT R. WALL TO CO_WE:,T AN EXISTING GARAG;: STRUCTURE TO A Ir.rO-FIAMILY DWELI:ING AT 38 PARR STRi'LE, T. petitioner through Attornev Nicholas J. Decoulos annealed by direct appeal to the Board to convert a garage at ?S Barr Street to a two-, family dwelling. A hearing was held on this appeal on August 28, 1972, pursuant to noltices mailed postpaid to the petitioner, his attorney, abutters , abutters to the abutters , board members, and others , and advertise- ments were duly published in the Salem Evening News , advising of.' this public Hearing. Board Members present were Chairman John Df. Gray, Sr. , Donald Koleman, Arthur La:orecque , and William F. Abbott who acted as secretary to the meeting in the absence of Joseph F. Doyle; Associate member Warren Baugim attended the hearing. Mr. McCaf'fery and yir. pouliston appeared for the petitioner in favor • of granting this appeal. It was pointed out at this meeting that the lot is undersize containing 4628 square feet and the Ordinance requires 7000 square feet in this district ; frontage of 48. 62 fee.. is insuffic•. i.ent as the requirement is for a sixty foot frontage ., the e-cisting structure measuring 25 ' x 62 ' , is located on the side boundary line , and within less than one foot of the front boundary line . j The Board members have the facts presented to the meeting, the same as in the original appeal on file , and after a studv of the plot plan and a thorou�-h and careful review of the case , voted unanimously to deny this appeal , fir:ding no hardship shown, and serious vi_olatioszs of the densitl* requirements of the Citv Zoning Ordinance . APPEAL DE IED. CITY OF SALEM - BOARD OF APPEALS , BY z a � (Acting Secr-" T'r i OIQ 'SS7b ';•�31�5 7� j c,. 4 (�itg of z alem, 'fflttssar4wirt#s -G T p WILLIAM F. ABBOTT .January 18 , 1972 JAMES H. BOULGER JOSEPH F. OOYLE JOHN M. GRA." SR. ARTHUR LABRECO UE DECISION ON PETITION OF CORONET REALTY TRUST TO ERECT EMERY P. TANCH A TWO FAMILY DWELLING AT�_ARR STREET. J. NORMAN WELCH, JR, ��%% The Inspector of Buildings refused to issue a permit to erect a two-family dwelling on Barr Street for these reasons ; The lot contains 4737 . 5 square feet , and the Ordinance requires an area of 7 ,000 square feet in this district ; instead of the required 60.0 foot front- age , the frontage is 50.0 feet ; the Ordinance further requires a rear yard of 30.0 feet , and this plan showed a distance of 27 . 7 feet to the rear boundary line . Petitioner ' s plan showed he proposed to use the front yard for parking spaces and this is not permitted by the Ordinance . Petitioner appealed to the Board of Appeals , and a hearing was held on this appeal on October 27 , 1971 , pursuant to notices mailed postpaid to the peti- tioner, abutters , board members , and others , and advertisements duly pub- lished in the Salem Evening News , advising of this public hearing. Board Members present at this hearing were William F. Abbott , John M. Gray, Sr. , Arthur Labrecque , and J. Norman Welch, Jr. Petitioner appeared with Counselor Timothy Davern who explained the case the, same as in the original appeal on file. The Ward Councillor, George McCabe , appeared with a number of his constitu- ents residing in the immediate vicinity, some of whom were abutters to the land involved in this petition: Lewis Puliston, 29 School Street , David Pow- ell , 33 School Street , and Arnold Crowe of 36 Barr Street . It was pointed out to the Board Members that these persons had appeared to voice their objections to granting this variance ; they questioned the accuracy of the survey made of the land area. The Board advised those in attendance that the Members were willing to post- pone a decision "on this appeal until new plot plans were submitted and re- viewe $SYN#N31iS"N83�3 AM The Board members pe,t. again on November 29 and on January 10 ; it was the genera} gpinion of the members that inasmuch as no new plans had been pre- pl i r; Bente t Gi so'lvjl*e problem of the property lines involved in this case , that petitioner be granted leave to withdraw without prejudice , and on motion made and seconded, and with all members voting unanimously, it was the decision of the Board that petitioner be granted leave to withdraw with- - out prejudice. LEAVE TO WITHDRAW WITHOUT PREJUDICE. CITY OF SALEM - - - B0�RD OF APPEALS BY Secretary ./ -` 7 �A'�� WILL14 M11 F. ngBUTT [�'� r (t' Y J�J� IA mcS q. f)OVL^u Eq CtU of ` Ann asear midi( JOSEPH F OCIYLE iU' V^Lv9f �$�.� C� jy�,V} 44T✓ JOHN M. CRAY, $R, RCCEIVM M }y y,y`n av)}9,/,,}/{ AVTHUit LnPFEC4 VF 1 1 �YNLY �f 'Appral EMEPV 4.. IANCH EC. d C � `� �� Y(� ` � J 1, NORM4N ELCF. J41 i C6TY, i;LLi.l;'S OFFICE 4 cSyQ�$V ,ON PETITION OF ALEXANDER KOLODZIEJ FOR A SPECIAL PERMIT TO INSTALL A SWIMMING POOL AT #64 r BARSTOW STREET. In accordance with Section VII, Par. J. of the City of Salem Zoning Ord- i inance , petitioner appealed to the Board of Appeals for a Special Permit to install swimming pool . A hearing was held on this appeal on November 20, 1972, pursuant to no- tices mailed postpaid to the petitioner, board members , abutters , abutters to the abutters , and others , and advertisements were duly published in the Salem Evening News , advising of this Public Hear=ing. In addition to Board Chairman John M. Gray, Sr. , Board members present were Donald Koleman, Warren Baughn, and William F. Abbott . Petitioner appeared and explained the case the same as in the original appeal on file , and stated he proposes to remove a shed to provide room for said pool which will be located on the lot as shown on the plot plan presented. Mr. Bernard Miezwa appeared and asked about the drainage . • The Board Members have the facts presented to the meeting, together with the plot plan showing location of pool at -rear of lot , and are of the is made is in harmony al Permit for which application Y , opinion that a Special 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 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 the 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 of the City of Salem Building (BOCA) 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. . 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. P 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 after the date stamped on this decis- ion in the office of the City Clerk. SPECIAL PERMIT GRANTED WITH CONDITIONS. CITY OF SALEM - - - BOARD OF APPEALS , s w a v BY - o n Zvi Acting Secretary u oQ Lil _i�- Q� -CV am - tV • � V 1 r lC J! WILLIAM I' ASBOTT 1 U'P {��it as S akr RECEIVE V �a s�a� as et# osE H E OG LE (" OHN M. GFAY. SR. 1 ARTHUR I ARRECOUE (' (n rryf�$,p Y(`� E'a'r' /{a.�,�{'�}�}J{^ \~? V 16 1 M '7Z %1Eaarb Y) ` / 1 ral EMCPY G. T.1NLH �i rr��CC J, NORM4N WELC 11, .IR jl DECD�TIiCR�c 40N OF HUMBERTO MADEIROS FOR A VARIANCE TO I1 PEl?MITS "tTY7 ON OF EXISTING ST. JAMES HALL AT 10 BOSTON j STREET TO PROVIDE OFFICES AND STORAGE AREA, REAR PORTION TO f! BE USED FOR PRINTING AND PHOTOGRAPHY. li This is a petition seeking a variance from the applicable terms of the City Zoning Ordinance in an R-2 district to allow the use of the building located at 10 Boston Street , presently owned by Humberto S. Madeiros of. Boston, and formerly used as a Parish Hall for St. James Church. of Salem, 'to contain two offices -- one for stationery sales and supplies , and one for accounting services , and in the rear of the building, a section for printing and photo- graphy and storage. I. Hearing was held on this appeal on November 20, 1972 , pursuant to notices mailed postpaid to the petitioner, his attorney; board members , abutters, abutters to the abutters , and others , and advertisements were duly published in the Salem Evening News , advising of this Public Hearing. I+ At this hearing, Board members present were Chairman John M. Gray, Sr. , T' Wald Koleman, Warren Baughm, and William F. Abbott. Appearing for the petitioner were Attorney John Lanning from the office of Attorney John Gartland, 18 Tremont Street , Boston, Massachusetts , represent- ing owners of the property, the Archdiocese of Boston; also , Father Frank Curtin, Pastor of St . James Church, John Boris , prospective purchaser; Roland Brophy an abuttor, John Moore , and City Councilmen Jean Levesque and Joseph Ingemi. i Appearing in opposition to granting this appeal was Emanuel Distefano, 12 Boston Street. It was found that the area, although zoned two-family residential , consists of many small commercial enterprises, mostly neighborhood type in nature ; the petitioner and the prospective purchaser agree not to change the facade of the existing building at 10 Boston Street, now known as St. James Hall, and to maintain its simple commercial facade; the present owner through his Counsel , says he is no longer able to maintain the building financially, and claims financial hardship, and pointed out that the sale of the now exempt property would put it on a tax base. The Board finds that there is substantial financial hardship; the Board also finds that granting such a variance to use the building known as St. James Hall and located at 10 Boston Street , will not be contrary to the public interest , and that owing to special conditions, a literal enforcement of e provisions of the Ordinance would result in unnecessary hardship ; the Mrd additionally finds that a. Special conditions and circumstances exist which especially affect the 2 - F' land and building involved. b. Literal enforcement of the provisions of this Ordinance would involve substantial hardship. C. Relief in the form of a variance may be granted without substantial detriment to the public good and area, and without nullifying or substan- Bally derogating from the intent or purpose of the Ordinance . ` By unanimous vote , the Board has therefore voted to grant the variance as I sought , and it is a condition to the granting of this variance that the exter- I' for facade of the building known presently as St. James .Hall, will not be altered or changed in any way except for normal maintenance and painting. I' i APPEAL GRANTED. CITY OF SALEM - - BOARD OF APPEALS , BY (Acting) .Secretary • a. tu- - - a... V W. ti. nom: - I • GI r i WILLIAM F- ABBOTT � (�Yq) 9� FEB - POL LL IR ''[-'�'�- r�' ,�r/ �1\��� 6✓ds � laf uim aswlr isbtfr .los I('v LE , 3 ART OF LAtl IECOVE , g r 9 Y jaarb of Appal FM- V C. T4N C. - q 514 1. ,F i DEC 1� N� uAN „ H. CITY �;�t:Fii�:S UhFIC� � i SA�E�1eAs1SS. I ECI_SION ON PETITION OF GEORGE & ROBERT jMAGUr1ZE TRUSTEES ; OF ORNE STREET REALTY TRUST FOR A SPECIAL PERMIT TO ALLOW ERECTION OF AN ADDITION TO AN EXISTING NONCONFORM— ING STRUCTURE AT 31 BOSTON STREET. f i i Counselor George P. Vallis , in behalf of the petitioners , appealed to 1 the Board of Appeals by direct appeal for a Special Permit to erect an addition to an existing nonconforming structure at 31 Boston Street . j i Hearing on this appeal was held on November 20, 1972, pursuant to notices mailed postpaid. to the petitioners , their attorney, board members , abutters , abutters to the abutters , and others , and advertisements were duly pub- lished in the Salem Evening News advising of this Public Hearing. Board Members present were Chairman John M. Gray, Sr. , Acting Secretary William F. Abbott , Donald Koleman, and Associate Member Warren Baughn. i Counselor Vallis appeared and explained the case , the same as in the original appeal on file ; the existing structure is situated on a lot of sufficient area for this B-2 district but lacks the required frontage wf 100 feet ; the existing structure is located less than the required en feet from the side boundary line ; the proposed new building addition will increase lot coverage to 5235 square feet , exceeding the lot cover- age of 25% permitted by the Zoning Ordinance . Spectators included Mr. Albert Biro , an abutter. , After hearing the evidence , the Board finds that the proposed building addition will meet all of the density requirements of the City Zoning Ordinance with the exception of lot width of 100 feet and lot coverage by all buildings of 250; the Board additionaly finds that a Special Permit under Section VIII (F) of the Ordinance may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent and purpose of the Ordinance . Members present by unanimous vote , voted to grant this appeal. SPECIAL PERMIT GRANTED. CITY OF SALEM BOARD OF APPEALS , e maw BY _ ` ° _ 'Acting) Secretary r0 IN �v :> DECISION Oil PETITION OF SANDY _IIStUiIN, d/b/a OT7 MR. SAUNDERS FORMAL TUX WEAR, TO CONSTRUCT ANWILLIANI F. ABB 1111Es H. aouu ER ADDITION TO AN EXISTING STRUCTUJRE AT 68 BOSTON ST E M. NZ JOSEPH E. C:1V LE �y.Z JOF:I M. IBIY' S,, ARTHUR LASRECOUE EIAERY i. TANCH - J, "ElICK JR. - Petitioner by direct appeal , appealed to the Board of Appeals to %,ary the applicable terms of the City Zoning Ordinance to permit the construction of an addition to the existing structure where he conducts his business at 68 Boston Street . Hearing on this ,petition was held on November 20, 1972 , parsuant to notices mailed postpaid to the petitioner, his attorney, Board Members , abutters , abutters to the abutters , and others , and advertisements duly published in the Salem Evening News advising of this Public Hearing. Present at the hearing were Board Members John M. Gray, Sr. , William F. Abbott , Donald Koleman, and Associate Member Warren Baugh.n. Counselor John R. Serafini appeared with the petitioner and introduced the following evidence ; the building occupied by the petitioner presently is situated on the site of a former gasoline station and is located in an In- 0,istrial district ; land and structure are nonconforming with the density In- 0, of the City Zoning Ordinance , adopted many years after construc- tion of the building, and an addition to said structure would increase the nonconformity; location of the building does not interfere with any of the surrounding properties which are largely commercial; additional space is needed to provide adequate service to the customers and to process their orders ; the peculiar shape of the lot makes it impossible to comply with existing requirements for the Industrial zones causing hardship as it per- tains to this particular lot ; petitioner is cramped for space and the size of . the present building and the location of it , without additional area, constitutes a hardship on the business of the petitioner as well as causing a financial hardship. No one appeared in opposition. The Board finds that there is substantial hardship and a literal enforce- ment of the provisions of the Ordinance would result in unnecessary hard- ship as special conditions and circumstances exist which especially affect the land and building involved, and further finds that relief in the form of a variance may be granted without substantial detriment to the public good and area , and without m>llifying or substantially derogating from the intent or purpose of the Ordinance , and by uunanimous vote , the Board has therefore voted to grant the variance as sought . APPEAL GRANTED. CITY OF SALEM - - BOARD OF APPEALS, BY Acting) Secretary `� �rCANDlu. BF Q 'SQA Ctv of SttXem, ttssttc usP##s oar r .:. • � � b of �kppettl WILLIAM F. ABBOTT DECISION ON PETITION OF PETER CLARIZIA FOR SPECIAL JAMES H. B ER JOS PERMIT TO ALLOW SALE OF USED CARS AT 3 BRIDGE STREET. JOSEPH F. OOYLOYLE JOHN M. GRAY, SR. ARTHUR LABRECOUE EMERY P. TANCH J. NORMAN WELCH, JR. By direct appeal through Counselor John R. Serafini , petitioner requested that the Board of Appeals grant a Special Permit to allow the sale of used motor vehicles at property at #3 Bridge Street. A hearing was held on this appeal on June 1 , 1972 at 5 Broad Street, at 7 :00 P.M. , 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 Public Hearing. Board Members present were Chairman John M. Gray, Sr. , Arthur E. Labrecque , J. Norman Welch, Jr. , and William F. Abbott who acted as secretary to the meeting in th_q absence of Joseph F. Doyle ; also unable to attend were Board Member James H. Houlger, Sr. , and Associate Member Emery P. Tanch. At the hearing, Counselor Serafini appeared for the petitioner and stated the case the same as in the original appeal on file ; the zoning ordinances have been interpreted by the local licensing authority so that in order to avoid any ambiguity, 4wh6irs o£::premises such as petitioner are advised to obtain a Special Permit from the Appeals Board, authorizing the sale of used auto- mobiles ; petitioner already owns and operates a gasoline filling station, and services motor vehicles from this place of business , and from time to time , he has been requested by his customers to assist in the sale of their automobiles ; Counselor Serafini reiterated the statement contained in the original appeal that no more than ten vehicles would be displayed on the premises at any one time . No one appeardd in opposition. Board Members considered all of the facts presented, and found that this appeal was properly presented in accordance with Section V, Paragraph B-6 of the City Zoning Ordinance relating to Special Permits in the B-2 districts , which specifically states that such use may be permitted; the Board found that the petitioner has owned and operated a gasoline service station on these premises for a considerable period of time ; the plan submitted showed that said station has ample area to permit the storage of ten used cars , and the sale of used cars as an accessory use of such service station is in keeping with services provided by such business ; for these reasons , the Board voted unanimously to grant the Special Permit as requested with the condition that petitioner adhere strictly to his agreement to control the number of motor vehicles and limit said number to ten at all times , and the further condition ' that no major repairs or body work shall be performed on the premises. SPECIAL PERMIT GRANTED WITH CONDITIONS. 4.0 CITYOF SALEM - - BOA/RDD OFF APPP / PE.-A-LS , f BY F 04,,e iG� L•'(/ �L TO CITY CLERK - QA 15.72 (Acting) Secretary r a 1 ✓ C tg of *atrw, 'fflttssar4usetts s ' Poarb of A"PA N- � Y Rf6(pBP1E .r C �O 6m, r" WILLIAM F. ABBOTT DECISION ON PETITION OF PLATO ZORZY FOR A VARIE ::tO JAMES H. BOULGER JOSEPH F. OOYLE CONSTRUCT A TWO-STORY CEMENT BLOCK BUILDING ATaOT 496: JOHN M. GRAY, SR. BROADWAY, TO BE OCCUPIED AS OFFICES, LIGHT ASSLt ARTHUR L EMERY TANCH flV P. TANCH UE AND RESEARCH AND DEVELOPMENT SPACE. ' EME . n V ' J. NORMAN WELCH, JR. � ~� Petitioner appealed to the Board of Appeals for a variance from the appli- cable density requirements of the City Zoning Ordinance to permit the con- struction of a two story 30' x 80' cement block building to serve as offices , light assembly, and research and development in the electronic field. A hearing was held on this appeal on March 27, 1972 , pursuant to notices mailed postpaid to the petitioner, Board Members , abutters , and others , and advertisements were duly published in the Salem Evening News , advising of this Public Hearing. Board Members present at the hearing were Chairman John M. Gray, Sr. , Arthur Labrecque , J. Norman Welch Jr. , and William F. Abbott who was acting secre- tary in the absence of Joseph F. Doyle ; unable also to attend was associate Member Emery P. Tanch. Petitioner appeared and explained the case the same as in the original appeal ;. on file ; the density requirements of the City Zoning Ordinance for this dis- trict , zoned R-2 for two family residence occupancy, are as follows; lot area of 7000 square feet with a sixty-foot frontage; side yard setbacks of ten feet and rear yard setback of thirty feet; the existing lot contains 5000 square feet with a fifty-foot frontage , with a proposed side yard setback of two feet and a proposed rear yard setback of two feet. Appearing in opposition were Councillor Edmond Perron and George Beauregard who presented a petition containing signatures of fourteen persons who op- posed granting this appeal to erect a commercial structure to be occupied for business purposes in this residential district . The Board after a careful review of all of the facts presented were of the opinion that the proposed structure and location of same violated all zoning regulations for this R-2 district, zoned for two family residence occupancy, and such use would be detrimental to the public good and would derogate from the intent and purpose of the Ordinance as defined in "SECTION III, Types of Districts : 1IR-2 Districts ; - Two family residential districts , which are intended to be those areas in which buildings are suitable for use by more than one family, but in all other ways similar in character to R-1 districts" . and for these reasons , voted unanimously to deny this appeal. CITY OF SALEM - - BOARD OF APPEALS , APPEAL DENTED. BY nv• • {� rf � (Acting) SecretaryWV P /y� { ISE1 v eoutc en ISIT'ittv of it `n ,A y ) , oHry nt :,nnv sN. �� ,.�� L �r 1a4L3 a-' - re oe cnsa=mue \, ..� � � [Jy,rb vf ti C7 ;=DECISION ON PETITION OF .AT;dOOD & MORRILL COMPANY, INC . , LVOR VARIANCE FROM APPLICABLE TERMS OF ZONING ORDINANCE, AFFECTING LOT COVERAGE AND SETBACK REQUIREMENTS OF PRO_ POSED AND EXISTING STRUCTURES ON LAND AT 285 CANAL STREET. a On July 18, 1972 , the Inspector of Buildings refused to issue a permit to erect a • structure at 285 Canal Street because such construction would be in violation of the City Zoning Ordinance. The property is located in an Industrial district in which a thirty-foot setback from all boundary lines is required, and lot coverage by all buildings is restricted to 45n. The Petitioner, Atwood & Morrill Company, Inc . , through its attorney, George P. Vallis , appealed to the Board of Appeals to reverse this decis- ion. A hearing was held on this petition on August 21 , 1972 , pursuant to notices mailed postpaid to the petitioner, its attorney, abutters , abutters to the abutters , board members , and others , and advertisements were duly published in the Salem Evening News , advising of this Pubiic Hearing. In addition to Chairman John M. Gray, Sr. , members attending this hearing were William Abbott who acted as clerk in the absence of Joseph F. .Doyle , Arthur Labrecque, Donald Koleman, and .Associate member Warren Baughm; also r unable to attend was Associate Member Emery P. Tanch. Counselor Vallis appeared for the petitioner and explained that the company' s facility for manufacturing operations is presently obsolete and inadequate ; its property is divided by land of the Boston & Maine Railroad which makes the company' s operation very inefficient and expensive , and therefore , requires that all the manufacturing be done on one side of the railroad tracks . It was pointed out that the company presently has orders for the construc- tion of certain valves for delivery in 1973 which weigh up to 20 tons and are up to 2,4 feet high; these valves are much heavier and larger than what can be built in the existing plant. In order for the petitioner to accom- modate these orders , they must enlarge their present facility by first demolishing a portion of the present structure and erecting a new building. The new building can not be intelligently erected to satisfy the petition- ers ' requirements for expansion and efficient operation other than the way it is proposed on the plans submitted to the inspector. This means that the new addition will be nonconforming with regard to setback and lot coverage requirements as set forth in the density regulations of the City Zoning Ordinance . It is proposed that approximately 11 ,000 square feet of the existing building be demolished and an equal amount of square footage of new construction be built . I - i - 2 - Hardship to the petitioner relates to the premises for which the variance is sought . It was explained that it is simply a matter of the petitioner having nsuffi.cient land area on this particular side of the railroad tracks to gidly adhere to the requirements of the density regulations . It was also pointed out that the buildings to be demolished are presently nonconforming structures as are those that will remain. Therefor, although. the hardship claimed by the petitioner is a substantial. one , change which is sought is slight. It was stated that the Board may properly consider and believe that the granting of the variance will not derogate from the purpose and intent of the Ordinance . The variance is of small consequences since the proposed new addition will occupy the same space as the existing building, and setbacks of the new structure will remain substantially the same. It was submitted by Mr. Vallis that the Board may also conclude that this variance may be granted without detriment to the public good; the use of the -land will not be changed as it is zoned Industrial , and its proposed use will remain industrial . The granting of the variance will in fact confer a benefit on the public as a whole , in that the improvements will bring a higher revenue in taxes and will permit the petitioner to continue its long-standing manufac- turing operation in Salem, and thereby continue to employ its more than 250 employees , most of whom are residents of the City of Salem. Also appearing in favor of granting the petition were the President of Atwood & Morrill Company, Inc . , Mr. Byron Atwood, and Ward VII Councillor Edmond Perron . here had been no opposition submitted to the Board and nc one appeared to nice opposition to granting the variance as sought'. After due consideration thereof, the Board on the basis of the reasons given above , voted unanimously to grant the variance . APPEAL GRANTED CITY OF SALEM - - - - BOARD OF APPEALS, BY (Acting) Secretary 4 a .Uj w � S ti LU Lo CJ � L1 :jam a3-- J of �T1Pm � tt85ttC�1T�PftB ASPP S�LL,mI a�r�, FTTa of Appeal WILLIAM F. ABBOTT JAMLS H. BOOLGER 1)1 C. ISION ON PE"rI-CIO!N rOR SPECIAL PECLT1'I:CT TO INSTALL "Irl. R. DOYLE SWIMMI-NG POOL. JOHN M, GRAY, SR. ARTHUR `TARE`°°E EMERYp. TgNCH PETITIONER - ROLAND DION, 6 CEDARCREST ROAD. EMR - J. NORMAN WELCH, JR. A hearing was held on this appeal on July 10, 1972, pursuant to notices mailed- postpaid to i;b.e petitioner , board members , abutters , and s , other and advertisements Were duly published in the Salem Eveni. News ,s , advising 01' this Public Hearing. rrg' Present at this hearing were Board Members John M. Gray, Sr. , Chairman of the Board , J. Norman Welch, Jr. , Arthur E. Labrecque, and William F. Abbott who acted as secretary to the meeting in the absence of Joseph F. Doyle; also unable to attend was Associate Member Emery P. Tanch. Petitioner appeared and explained the case the same as in the original appeal on file . No one appeared in opposition. The Board members have the facts presented to the meeting, together With a • , 4,n plan showing location of pool , and are of the 0pi.nion that a Special. rm:it for which application is made is in harmony with the purpose and t.ellt of the Ordinance , and should be granted . 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 C OP7DITIONS : I . 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 perimirrent 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 m:ini.nium o:r 0,10 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. (continued) - 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 decision in the office of the City Clerk. SPECIAL PERMIT GRANTED WITH CONDITIONS : CITY OF SALEM - - - BOARD OF APPEALS , (Acting) Secretary i CONDI • ' Ctg of "S Arm, Anssarhusrtts 3'rs Poarb of �Ppral JANUARY 20, 1972 WILLIAM F. ABBOTT JAMES H. BOULDER JOSEPH R. DOYLE DECISION ON PETITION OF MEYER AND ESTHER TANZER TO ERECT JOHN M. DRAY, SR. A TWO CAR GARAGE AT 6 CHARLOTTE STREET. ARTHUR LABRECOLE EMERY P. TANCH J. NORMAN WELCH, JR. The Inspector of Buildings refused to issue a permit to erect a garage at 6 Charlotte Street as the side and rear yard setbacks proposed were inad- equate , and therefore nonconforming with the City Zoning Ordinance. Petitioners appealed to the Board of Appeals to vary the applicable terms of the density requirements of the Ordinance, and a hearing was held on this petition on January 10, 1972, pursuant to notices mailed postpaid to the petitioner, abutters , board members, and others, and advertisements duly published in the Salem Evening News. Board Members present at this hearing were Arthur E. Labrecque, James H. Boulger, Sr. , Joseph F. Doyle , Secretary, and William F. Abbott, Acting Chairman. Unable to attend were John M. Gray, Sr. , Chairman, and Alternate Members J. Norman Welch, Jr. , and Emery P. Tanch. Petitioner appeared and explained the case the same as in the original appeal on file; their needs are for a two-car garage, are presently occu- pying a one-car metal garage which has deteriorated from long use; they propose to erect a two-car garage, 22 ' x 201 , to accommodate more com- fortably and conveniently their present requirements. No one appeared in opposition. The Board reviewed the plans and facts presented to the meeting, and were of the general opinion that the granting of a variance would relieve an undue hardship to the petitioners, and further found that to grant this appeal would in no way derogate from the intent and purpose of the Ordin- ance and would cause no detriment to the public good, and for these reas- ons, voted unanimously to grant the variance as requested. VARIANCE GRANTED. CITY OF SALEM - - BOARD OF APPEALS, 1 .SStlFI �lt9 BY 391330 S"AI §�ecretary �7 ` Zl� Ntl bL ntr ti La Co w U �' Q �go _ L V)ub WILLIAM F. ABBOTT ' I* \(�/���tfT, Tr �}1r �}, JE�nJ{ny�} �}' ,[ JT� JAMES H. SOULGER JOSEV•sU of �$alr� t, C. assar4usetts JOHN P M. GRAV`SR. L1I(V �J ARTHUR LABRECOUE PYIKb, of �"Jc� WELCH, EMERY P. t • r J. NORMAN WELL H, IF C6 V DECISION ON PETITION OF RAYMOND BARTLETT FOR SPECIAL PERMIT TO INSTALL A SWIMMING POOL AT 5 CLOVERDALE AVENUE. In accordance with Section VII, Par. - J, of the City of Salem Zoning Ordinance, petitioner through Counselor John R. Serafini, appealed to the Board of Appeals for a Special Permit to install a swimming pool at 5' Cloverdale Avenue. A hearing was held on this appeal on August 21, 1972, pursuant to notices mailed postpaid to the petitioner, board members, abutters, abutters to the abutters, and others, and advertisements were duly published in the Salem Evening News, advising of this Public Hearing. In addition to Board Chairman John M. Gray, Sr. , members present: were William F. Abbott who acted as secretary in the absence of Joseph F. Doyle, Arthur E. Labrecque, Donald Koleman and associate member Warren Baughm; associate member Emery P. Tanch was also unable to attend. Counselor Serafini appeared and explained the case the same as in the original appeal on file. Mr. Kiernan, an abutter, appeared to state his approval of granting this Special Permit. No one appeared in opposition. 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 pur- pose 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 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 the 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 De- partment, 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. a r i 6 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 after the date stamped on this decis- ion in the office of the City Clerk. 4 SPECIAL PERMIT GRANTED WITH CONDITIONS. CITY OF SALEM - - - BOARD OF APPEALS. UP �to (Acting) Secretary - d` a. xx s b s r c > Ar ! d y�r � Ctu of "Salem, fflttssar4usetts Pourbi of �kypral r WILLIAM E. ABBOTT JAMES H. BOULDER DECISION ON PETITION OF HAMBLET & HAYES TO ERECT A ONE- JOSEPH I. DOYLE STORY ADDITION TO PRESENT ONE-STORY OFFICE :BUILDING ON JOHN M. GRAY, SR. ARTHUR LABRECOUE COLONIAL ROAD. EMERY P. TANCH J. NORMAN WELCH, JR. Applicant by direct appeal petitioned the Board of Appeals to vary the appli- cable terms of the City Zoning Ordinance affecting side setback requirements with regard to a proposed addition to an existing structure on Colonial Road. Locus is situated in an Industri-al area where the setback from the side boun- dary line should be thirty feet , and petitioner' s plan shows a distance of twelve feet on the west side boundary. A hearing was held on this appeal on May 25 , 1972 , pursuant to notices mailed postpaid to the petitioner, abutters , Board Members , and others , and adver- tisements were duly published in the Salem Evening News advising of this Public Hearing. Board Members present at the hearing were Chairman John M. Gray, Sr. , Arthu'rr" E. Labrecque , J. Norman Welch, Jr. , and William F. Abbott who was acting sec- retary to the meeting in the absence of Joseph F. Doyle ; also unable to be present were Board Member James H. Boulger, Sr. , and Associate Member Emery F Tanch. Mr. Hayes , representing petitioning company, appeared and explained the case the same as in the original appeal on file ; company proposes to erect an add- ition to an existing structure and all zoning requirements applicable to the Industrial districts will be complied with,excepting a thirty-foot setback from the westerly side boundary; the proposed distance to this boundary line is twelve feet . Mr. Collins and Mr. Gourdeau, prospective builder, appeared in favor of grant- ing this appeal. It was pointed out to the members that the New England Power Company, abutters to the property, have no object.-ions . No one appeared in opposition. . After a careful and thorough study of the plans presented, the Board Members were of the opinion that to grant this variance would in no way cause detri- ment to the public good, and found that to grant the variance would not sub- stantially derogate from the intent and purpose of the Ordinance , and Further found that the hardship existing from the needs of the petitioning company to expand its facilities to meet the requirements of its increasing volume of business would be relieved by granting this variance , and for these reasons voted unanimously to grant the variance requested. APPEAL GRANTED. CITY OF SALEM BOARD OF APPEALS , BY Acting Secretary TO CITY CLERK - 6 . 14.72 @li#g of 'Sttlem, 'Mttssarhuortis y:.. Pnttrb of �ypral WILLIAM F, ABBOTT JAMES H. BOULGER JOSEPH F. OOYLE DECISION ON PETITION OF COLONIAL REAL ESTATE TRUST, JOHN M. GRA SR. ARTHUR LABRECQVE JOHN F. BURKE1 TRUSTEE, TO ERECT A FIVE-STORY OFFICE EMERY R. TANCH BUILDING ON COLONIAL ROAD AND JEFFERSON AVENUE. J. NORMAN WELCH, JR. Applicant by direct appeal petitioned the Board of Appeals for a variance from the application of the terms of the Zoning Ordinance affecting height of structure , and side line and rear line setbacks required in an industrial- District . ndustr=ialDistrict . A hearing was held on this appeal on May 25 , 1972 , pursuant to notices mailed postpaid to the petitioner. , his attorney, abutters , Board Members , ' and others , and advertisements were duly published in the Salem Evening News advising of this Public Hearing. - Board Members who were pr&sent at the hearing included Chairman John M. Gray, Sr. , Arthur E. Labrecque , Norman Welch, Jr. , and William;'F. .Abbott who acted as secretary for the meeting in the absence of Joseph F. Doyle ; also unable to attend were Board Member James H. Boulger, and Associate Member Emery P. Tanch. � anselor Timothy Davern appeared for the petitioner and explained the case he same as in the original appeal on file ; this property is located in an Industrial Zone :,There the Zoning Ordinance limits the height of bu=ildings to forty-five feet , and further requires front , side and rear yard setbacks of thirty feet ; the proposed structure would be fifty-nine feet in height . and would be erected within a ten-foot distance to the side and rear boun- dary lines ; it was further brought to the Members ' attention that because of the size , shape and structure of said land it would not be feas=ible to erect the type of building that would be in full conformity with the zoning ordinance ; due to the very nature of the land itself, it would be a hardship . to the petitioner if a variance was not granted as requested; the proposed structure will be constructed in keeping with the area in question. Mr. Marquis , Mrs . Denis and Mr. Auger, also Joan Russo appeared in opposition to granting this variance ; opposition to blasting required for construction was expressed; concern was also expressed with regard to increased traffic when the projected new City hospital is completed. The Board members carefully studied the plans and documents presented in this case ; the nature of the land presents a serious hardship with regard to ledge and to relocate the structure-.would require extensive preparation because of the amount of blasting .which would be necessary; the members felt the proposed locus would be in the best interests of all concerned,and found that the ten-foot side and rear yard setbacks would in no wa,.T derogate . from the intent and purpose of the Ordinance ; the members further :round that ie proposed height of the building would be in harmony with existing and pro- fosed structures in the area; having in mind that this is an Industrial zone , (continued)_ s _ 2 _ the Board was of the general opinion that to grant this variance as requested would not be detrimental to the public good, and for these reasons voted unan- ; iously to grant petitioner ' s appeal to construct a building 59 feet in height o be erected with a distance of ten feet to the side boundary line and ten feet to the rear boundary line , in accordance with approved plans . APPEAL GRANTED. CITY OF SALEM - - - BOARD OF APPEALS , BY Acting Secretary) w TO CITY CLERK _ 6 . 112 1 � / Poarb of ( "ZA c�J�Bos' WILLIAM F. ABBOTT JAMES R. BOULGER DECISION ON PETITION OF SPIROS P. FLOMP TO GRANT A JOSEPH F. DOYLE VARIANCE SO AS TO PERMIT THE REMODELING AND COMPLETION JOHN M. GRAY, BR. LABRE ARTHUR LABfl ECOVE OF TWO ADDITIONAL APARTMENTS AT 54 DERBY STREET. ' EMERY P. TANCH J. NORMAN WELCH, JR. By direct appeal through his Counsel, John R. Serafini , Petitioner appealed to the Board of Appeals for a variance so as to permit the remodeling and completion of two apartments at 54 Derby Street. A hearing was held on this appeal on March 27 , 1972 , pursuant to notices mailed postpaid to the petitioner, his attorney, abutters , board members , and others , and advertisements were duly published in the Salem Evening News , advising of this Public Hearing. Board Members present were Chairman John M. Gray, Sr. , Arthur E. Labrecque , J. Norman Welch, Jr. , and William F. Abbott who was Acting Secretary in the absence .of Joseph F. Doyle ; also unable to be present was Associate Member Emery Tanch. Counsellor Serafini appeared for the petitioner, and explained the case the same as in the original appeal on file ; petitioner requests variance to per- remodeling and completion of two apartments ; petitioner has completely x jdeled and rebuilt two other apartments in this structure , and claims the expenses of maintaining the property are such that unless he can install two additional apartments , he will incur a severe hardship. He submitted a summary of expenses including mortgage payments and real estate taxes , heat, electricity , insurance and water; he stated that two apartments renting for $30.00 per week each ;could not maintain these expenses . A statement in favor of permitting this remodeling to provide two additional apartments , and signed by six neighbors , was presented to the meeting. No one appeared in opposition. After a careful study of the facts presented, the Board Members determined that there is no hardship here to the petitioner; the land and existing structure are situated in an R-2 district , zoned for two-family residences ; the Zoning Ordinance density regulations require a lot area of 7000 square feet and a minimum requirement of 3500 square feet for each dwelling unit ; the lot in question contains 4635 square feet and the structure is presently occupied as a two-family dwelling; the Members felt that the Zoning require- ments are not unreasonable , and that the parcel in question fronts on a very narrow, one-way street , and further found that it is a heavily congested area with regard to proximity and occupancy of existing structures and result- ing vehicular traffic . Having in mind the definition of the R-2 districts as outlined in the Zoning Ordinance , as follows : i 2 - • SECTION III, Types of Districts : R-2 Districts : - Two family residential districts , which are intended to be those areas in which buildings are suitable for use by more than one family, but in all other ways similar in character to R-1 districts" . For these reasons the Board found that increased tenant occupancy of said premises would derogate from the intent and purpose of the Ordinance and would cause detriment to the public good, and voted unanimously to deny, this appeal. APPEAL DENIED. CITY OF SALEM - - - BOARD OF APPEALS, BY (Qjj� • , - / Acting Secretary k • r f �y � fl JTT Tt >9a ¢y{ �Lv��Y�Q ✓6 of M%aLow, OSP F. OV LE IJYV M GN1 5F. MCH. t:E i -y' ll..... J. NuwMnN ELrH, .N CITY LLr i, J OFFICE $ALEMITWhION ON PETITION OF SOPHIE -PND HENRY THERIAULT TO REMODEL EXISTING STRUCTURE AT 143 DERBY STREET r TO PROVIDE BUILDING WITH COLONIAL FRONT, DIAKING IT SUITABLE FOR A GIFT SHOP, This is an appeal from the Building Inspector' s refusal to issue a building permit to remodel the existing structure located in a B-1 district at 143 Derby Street , Salem, so as to provide the building f with a Colonial type front, making it suitable for a. Gift Shop. The Building Inspector cited as his reasons for denying the building permit the zoning Ordinance which requires in a B-1 district a lot area of 6000 square feet , lot width of 60 feet , lot coverage of 400, front setback of 15 feet , side setbacks of 10 feet , and a rear set- back of 30 feet . II The plot plan submitted by the petitioners shows a lot area of 1886 square feet with a 291 -901 frontage ; the existing structure is pres- foently nonconform9ng with .regard to lot coverage , .and front , side and -ear yard setback requirements . The proposed remodeling of the struc- ture would increase the nonconformity by the addition of four inches to the front of the building and eighteen inches to the right, side of the building. After public hearing in accordance with Section 17 of Chapter 40A, held on November 20 , 1972 , at which time the Board heard from the petitioners , their counselors Thaddeus Buczko and Charles Manning and members of the general public in favor of granting of this var- iance , the Board finds the following: The existing structure is presently nonconforming with regard to lot j coverage , front , side and rear setback requirements as :is the case with many buildings in this very old, "antique" area. The Board finds that the proposed addition on the front and side of the existing structure will not substantially increase the nonconforrn- ity of the structure , and that a variance may be granted without detri- ment to the public good and without nullifying or substantially derog- ating from the :intent or purpose of the Zoning Ordinance . The Board additionally finds that a literal enforcement of the Ordinance ! would involve a substantial hardship, financial or otherwise on the petitioner. ` Unanimous vote , the members present voted to grant this appeal . Board 4�1'mbers present were Chairman John M. Gray, Sr. , Acting Secretary William F. Abbott , Donald Koleman, and warren Baughn. APPEAL GRANTED. CITY OF SALEM - - BOARD OF APPEALS , a a BY 3 ! 1011i#g of �$alem, ttssttt[#xz a##s21,Cn Peart of �kppral DECISION ON PETITION OF JAMES D. MOULISON TO USE=IBtVING'' WILLIAM P. ABBOTT GARAGE STRUCTURE AT 38 ENDICOTT STREET FOR STORIIO�'BTJ JAMES H. BOULDER INESS JOSEPH E. DOYLE VEHICLES, TRUCKS, AND EQUIPMENT. A N JOHN M. GRAY, SR. ARTHUR LABRECOUE EMERY P. TANCH J. NORMAN WELCH, JR. Petitioner by direct appeal ,petitioned the Board of Appeals for continuance of a non conforming use of the premises at 38 Endicott Street. On February 28, 1973, a 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 advising of this Public Hearing. Board Members present at this hearing were James Boulger, John M. Gray, Arthur Labrecque , and William Abbott , also associate member J. Norman Welch, Jr; unable to be present were Joseph F. Doyle , Sectetary, and Associate Member Emery P. Tanch. Counselor William E. O'Brine, presented the case for petitioner, the same as in the original appeal on file ; said area is presently located within an R-2 residence area as defined by the City of Salem Zoning Ordinance , adopted August 27 , 196$; property was acquired by Henry and Shirley Boucher by deed dated December 11, 1962 ; said garages thereon were used from that date by said Henry Boucher for the storage of oil trucks , dump trucks , and for stor- age of other equipment used in his occupation as a contractor and an oil di.stributort such use would be classified as non-conforming under the Zoning Ordinance of said city of Salem; on November 29, 1971 by deed recorded said land with the garages thereon was transferred to the present owner, George Wadleigh; petitioner proposes to use said garages for the purpose of storing business vehicles , trucks , and equipment used in conjunction with his business as an electrical contractor; petitioner respectfully requests that the Board under Section VITT, Non-Conformity, Paragraph E, Sub-section 4 of the City of Salem Zoning Ordinance find that either by general rule or by,,making specific findings in the case rule that the proposed use of the building is equally appropriate or more appropriate to the district than the nonconforming use that previously existed. City Councillors Joseph Tngemi and Jean Levesque , Stella Femino , and James Moulison, Jr. , appeared in favor of granting this appeal . No one appeared in opposition. The Board after a thorough review and study of the facts presented in this appeal found that the petition was properly presented in accordance with the Zoning regulations regarding non-conforming uses ; said former non-conforming use had been in existence since 1962 , three years prior to adoption of the present Zoning Ordinance , and further found that said use had not been . abandoned nor discontinued for twelve consecutive months ; it was the general (continued) _ 2 _ opinion of the members that storing business vehicles , trucks and equipment �iasedo in conjunction with the business of an electrical contractor could be carried on in a neat and orderly manner and would be more appropriate to the district than the previously existing use of storing oil trucks and dump trucks . The Members voted unanimously to grant this appeal provided petitioner restores this property to good condition, making necessary repairs and replacements to achieve such good condition, and properly maintain these premises to prevent unsightly conditions of structure and surrounding land area, and insure a neat, tidy, and well-kept appearance at all times. APPEAL GRANTED CITY ^OF SALEM - BOARD OF APPEALS, BY 7 w (Acting) Secretary Ca =i K Sn ti �m m �zcc, r7i "C b " „ z � n � N y 6tg of �'Arm, 'fflttssar4u etts . Poarb of Ayyeal JANUARY 20, 1972 WILLIAM F. ABBOTT JAMES H. BOULDER JOSEPH F. DOYLE DECISION ON PETITION OF FRANCIS AND RUTH PAGE TO CONSTRUCT JOHN M. GRAY, SR. ARTHUR LASRECGOE AND ROOF OVER A 20' x 20' PATIO AT 40 ENGLISH STREET. EMERY G. TANCH J. NORMAN WELCH, JR. The Inspector of Buildings refused to issue a permit to erect a 20' x 20' roofed over patio at 40 English Street as the existing structure is presently nonconforming with the City Zoning Ordinance with regard to lot area, lot width, and front, side and rear yard setbacks. Petitioner appealed to the Board of Appeals to vary the applicable terms of the Zoning Ordinance and a hearing was held on this appeal on January 10, 1972, pursuant to notices mailed postpaid to the petitioner, abutters, board members , and others, and advertisements were duly published in the Salem Evening News, advising of this public hearing. Board members present at the hearing were Arthur E. Labrecque, James H. Boul- ger, Sr. , Joseph F. Doyle , Secretary, and William F. Abbott, Acting Chairman. Unable to be present were Chairman John M. Gray, Sr. , and alternate members -;� J. Norman Welch, Jr. and Emery P. Tanch. Petitioner appeared and explained the case the same as in the original appeal on file. Many persons appeared and wished to be recorded in opposition to granting this appeal, including abutters, neighbors,and other interested parties. After hearing all of the arguments in this case , the Board voted unanimously to grant petitioner leave to withdraw without prejudice. LEAVE TO WITHDRAW WITHOUT PREJUDICE. CITY OF SALEM - - BOARD OF APPEALS, BY ✓ ;' v; /Secretary VAR•agtlN�W31�S 1�9 •t .., 2�� Nh LT (1? Nvc TO THE CITY CLERK - 5 . 26 .72 y� y3 Q1111itu IIf �TIEIii �IS��TL �I3E5 narb of V ] <n"mss � �p11ral WR4AM F. ABBOTT DECISION ON PETITION FOR SPECIAL PERMIT TO INSTALL JAMES H. BOULDER JOSEPH F. DOYLE SWIMMING POOL. JOHN M. GRAY. SR. ARTHUR LABRECOUE PETITIONER - - KEVIN HARRINGTON, 21 FAIRVIEW ROAD. EMERY P. TANCH J. NORMAN WELCH. JR. A hearing was held on this appeal on May 22 , 1972, pursuant to notices mailed postpaid to the petitioner , board members , abutters , and others , and advertisements were duly published in the Salem Evening News , advising of this Public Hearing. -Present at this hearing were Board Members ,Chairman John M. Gray, Sr. , James H. Boulger, Arthur Labrecque , J. Norman Welch; Jr. , and William F. Abbott who was acting clerk in the absence of Joseph F. Doyle ; associate member Emery P. Tanch was also unable to attend. Attorney John R. Serafini , 126 Washington Street , represented the petitioner. C6uns6i5f'. appeared and explained the case the same as in the original appeal on file . No one appeared in opposition. �'�.e Board members have the facts presented to the meeting, together with a ot 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. i 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 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 .e opening, three feet maximum width. (continued) s ` 2 _ S• 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 PERMIT GRANTED WITH CONDITIONS : CITY OF SALEM - - - BOARD OF APPEALS , (Acting) Secretary • j Y r fJ _y��couuiyi, r , Q'i#g of SArm, gassar4usrtfs m r. Peart of �Vpvd WILLIAM R. ABBOTT DECISION ON PETI'CION FOR SPECIAL PERM-.IT TO INSTALL JAMES H. BOULDER rtT JOSEPH E. DOYLE SWTMMING POOL. JOHN M. CRAY, SR. ARTHUR LABRECOOE PETITIONER - - RICHARD W. LUTTS, 64 FELT STREET. EMERY P. TANCH J. NORMAN WELCH, JR. A hearing was held on this appeal on July 10, 1972 , pursuant to notices mailed postpaid to the petitioner .. board members , abutters , and others , and advertisements were duly published in the Salem Evening News , advising of this Public I-Iearing. Present at this hearing were Board Members John M. Gray, Sr. , Chairman of the Board, J. Norman Welch, Jr. , Arthur E. Labrecque, and William F. Abbott who acied as secretary to the meeting in the absence of Joseph F. Doyle ; also unable to attend was Associate Member Emery P. Tanch. Petitioner appeared and explained the case the same as in the original appeal on file . No one appeared in opposition. The Board members have the facts presented to the meeting, together with a •for plan showing location of pool , and are of the opinion that a Special zrmit 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 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 ofperimeter; fence shall have only one opening, three feet maximum width. (continued) P 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 decision in the office of the City Clerk. SPECIAL PERMIT GRANTED WITH CONDITIONS : CITY OF SALEM - - - BOARD OF APPEALS, (Acting) Secretary • • i�Jt;a_L`Ye.. wILUAM F, A11111 1� Y AMf1 Dct 111R CtU of JOHN M. CRAY, SR. ARTHUR LA1;PECOVE EMERY V. TANI'H N()R MAN IVFLCH, JI{, DECISION ON PETITION OF RONALD GALLANT TO CONVERT EXISTING THREE FAMILY DWELLING AT 15-17 FOR-RESTER STREET TO PROVIDE AN ADDITIONAL APARTMENT. Petitioner by direct appeal through Counselor John R. Serafini, appealed to the Board of Appeals for a variance from the applicable density require- ments of the City 'Zoning Ordinance affecting the premises at, 15-17 ror-res- ter Street . A hearing was scheduled on this appeal for September 25 , 1972, pursuant to notices mailed postpaid to the petitioner, his attorney, abutters , abutters to the abutters , Board members , and others , and advertisements were duly published in the Salem Evening News . Prior to the hearing the plans presented with this appeal were reviewed. by the Chairman of the Board, Mr. John M. Gray, who . requested that Counselor Serafini ' s attention be called to discrepancies in the plans relating to means of egress , and further requesting that amended plans would have to be presented before the Board could take any action on this appeal . As no additional plans were submitted, the Board voted, to grant petitioner Leave to Withdraw without prejudice . LEAVE TO WITHDRAW WITHOUT PREJUDICE. CITY OF SALEM-. - BOARD OF APPEALS , a r , S ti (Acting) Secretary UJ00a� N GM LIJ ^+. J'< r f„ U 13 Ctv of ttlEm, 'Mttssadjusr##s M rr; DECISION ON PETITION OF HELEN KELLEY TO INSTAIJr'g TRIRD'' WILLIAM F. ABBOTT FLOOR APARTMENT IN AN EXISTING TWO-FAMILY DWELLtBPG,c,1OCATED JAMES H. BOULGER JOSEPH F. COYLE AT 14 FOWLER STREET. H7 JOHN M. GRAY, SR. Tly� ARTHUR LABRECOUE EMERY P. TANCH m' �) J. NORMAN WELCH, JR. The Inspector of Buildings refused to issue a permit to alter the third floor of an existing two-family dwelling to provide an additional apartment as the area is zoned for two-family occupancy, requiring 3500 square feet of lot area for each dwelling unit and petitioner' s lot contains 6150 square feet . Petitioner appealed to the Board to vary the applicable terms of the City Zoning Ordinance with regard to lot area, and front and side yard setback requirements, and to grant a Special Permit to allow a third apartment. A hearing was held on this appeal on January 10, 1972 , pursuant 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. Present at the hearing were Board Members James Boulger, Joseph F. Doyle., Arthur Labrecque, and William Abbott ; unable to attend were Chairman John Gray, and Associate Members Emery P. Tanch and J. Norman Welch, Jr. Counselor Charles Manning appeared eared for the petitioner and requested that the Board postpone the hearing until the February meeting of the Board. On February 28 , hearing was resumed on this petition; present at the meeting were Board Members John M. Gray, Arthur Labrecque , James Boulger and William Abbott , and Associate Member J. Norman Welch, Jr. Counselor Manning appeared and explained the case , the same as in the original petition on file : the premises consist of a 212 story dwelling and a 3-car garage ; presently there are two rental units and the third floor portion is used as spare or guests ' rooms by the first and second floor tenants ; peti- tioner' s husband is not gainfully employed as he has a heart condition; there is an urgent need for additional income due to rising costs of maintenance and increased taxes , etc . ; the 1971 tax was $1100.00; considering the 3-car garage , there is ample parking area to provide the required one and one-half parking spaces for three dwelling units ; petitioner contends that a literal enforcement of the Ordinance would involve substantial financial hardship to her; she contends that desirable relief may be granted without substan- tial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the City Zoning Ordinance ; there- fore , petitioner seeks a Special Permit to allow occupancy of the third floor as an additional dwelling unit , as provided in said Ordinance , Sec- tion V, Paragraph B-3, Subparagraph "e"with regard to Special Permit Uses for the R-2 districts : • "Multi-family dwellings not exceeding four (4) families" . (continued) \ t F "6F - z No one appeared to voice opposition to granting this petition. The Members , after a careful review and study of the petition and plans , presented for their consideration, voted unanimously to grant the variance as requested relating to lot area requirements and front and side yard set- backs with regard to existing structure , and further, voted unanimously to grant a Special Permit to remodel the third floor for occupancy as a single dwelling unit , in accordance with the plans submitted. APPEAL GRANTED. CITY OF SALEM - - - BOARD OF APPEALS , BY (Acting) Secretary `✓ TO CITY CLERK 5.26 .72 a' JO Til\ Ctu of '5r,21 em, f'4 t WILLIAM R. ASROTT DECISION ON PETITION FOR SPECIAL PERMIT TO INSTALL JAMES H. ROULGER JOSEPH P. DOYLE SWIMI4ING POOL. JOHN M. GRAY. SR. ARTHUR LARRECOUE PETITIONER - - PETER J. GRADY, EMERY P. TANCX 3 GABLES CIRCLE. J. NORMAN WELCH, JR. A hearing was held on this appeal on May 22 , 1972 , pursuant to notices mailed postpaid to the petitioner , board members , abutters , and others , and advertisements were duly published in the Salem Evening News , advising of this Public Hearing. Present at this hearing were Board Members J. Pbrman Welch, Jr. , James H. Boulger, Arthur E. Labrecque , John M. Gray Sr. , Chairman of the Board, and William F. Abbott who was acting secretary in the absence of Joseph F. Doyle ; unable to attend also , was Associate Member Emery P. Tanch. Petitioner appeared and explained the case the same as in the original appeal on file . No one appeared in opposition. ��' e Board members have the facts presented to the meeting, together with a ot pian 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. 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:CO P.?4. . 1 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 •ie opening, three feet maximum width. (continued) - 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 decisio.a in the office of the City Clerk. SPECIAL PERMIT GRANTED WITH CONDITIONS : CITY OF SALEM - - - BOARD OF APPEALS , T _ (Acting) Secretary • Ctg of alem, gassar4usdb I 28M N `�Z Paurb of ckyyPttl CID c uL M.\,s JFFICc WILLIAM F. AEEONQLEM1 MASS. JAMES H. BOULDER DECISION ON PETI`CION FOR SPECIAL PERMIT TO INSTALL JOSEPH F. DOYLE SWIMMING POOL. JOHN M. GRAY, SR. ARTHUR LAERECOUE PETITIONER - - ROBERT CANAVAN, EMERY P. TANOH 15 GABLES CIRCLE, J. NORMAN WELCH, JR. , A hearing was held on this appeal on May 22 , 1972 , pursuant to notices mailed postpaid to the petitioner , board members , abutters , and others , and advertisements were duly published in the Salem Evening News , advising of this Public Hearing. Present at this hearing were Board Members James H. Boulger, Arthur Labrecque , Chairman John M. Gray, Sr. , William F. Abbott who acted as Clerk in the absence of Joseph F. Doyle; unable to attend were J. Norman Welch, Jr. and Emery P. Tanch, the associate members. Petitioner appeared and explained the case the same as in the original appeal on file. No one appeared in opposition. The Board members have the facts presented to the meeting, together with a Jt plan showing location of pool , and are of the opinion that a Special rmit 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 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. 40n (continued) r` Ja: e 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 decision in the office of the City Clerk. SPECIAL PER-MTT GRANTED WITH CONDITIONS : CITY OOF/SALEM - - - BOARD OF APPEALS , (Acting) Secretary y n y c: CT rn r �T} C"+ m r� y TO CITY CLERK 5. 26 . ;2 �i..cCS It1� .. � paur3 of �ppml OnnvF�` WILLIAM F. ABBOTT DECISION ON PETITION FOR SPECIAL PERMIT TO INSTALL JAMES H. BOULDER JOSEPH F. DOYLE SWIMMING POOL. JOHN M. GRAY, SR. ARTHUR LABRECOUE PETITIONER - - LOUIS D'AGOSTINO, EMERY P. TANCH J. NORMAN WELCH. JR. 17 GABLES CIRCLE. A hearing was held on this appeal on May 22 , 1972 , pursuant to notices mailed postpaid to the petitioner , board members , abutters , and others , and advertisements were duly published in the Salem Evening News , advising of this Public Hearing. Present at this hearing were Board Members J. Norman Welch, Jr. , Arthur E. Labrecque , James H. Boulger, Chairman John M. Gray, Sr. , and William F. Abbott who acted as secretary to the meeting in the absence of Joseph F. Doyle ; also unable to attend this meeting was Associate Member Emery P. Tanch. Petitioner appeared and explained the case the same as in the original_ appeal on file . No one appeared in opposition. # ie Board members have the facts presented to the meeting, together with a of plan showing location of pool , and are of the opinion that a Special ermit 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 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 faith 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 e opening, three feet maximum width. continued) i 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. SPECIAL PERMIT GRANTED WITH CONDITIONS: CITY OF SALEM - - - BOARD OF APPEALS , (Acting) Secretary x I P ✓f ` 1 - A" k v`p WILLIAM F, ABBOTT Y[/ ,q ( RPME0 *1 ' /A assa� sett AMES H. BOULGER ro \C�,.14( � CJI'y�{+� JOSEPH F. DOYLE -JOHN M. GRAY, SR. �� +� ®®1111EE�� ^/� A '/�y,{� µyE`} }( /y y,9y ,}I ARTHUR LABRECOUE • "r' \G AuG 25 ..II 51 AH'�/l pil Y,.MA �G "Jeai " [HERR P. TWELC SL4b ` ! 1 Gp�g yy J. NORMAN WELCH, JH. Fj CITY CLLi'hWS OFFICE r" DECISIONSAKM?"Jf3:ON OF THOMAS COMEAU FOR A SPECIAL PERMIT TO INSTALL A SWTMMING� POOL AT 4 GALLOWS CIRCLE. \0.kti 4 . ' In accordance with Section VII, Par. J, of the City of Salem Zoning' Ordin- ance, petitioner -appealed to the Board of Appeals for a Special Permit to install a swimming pool at A hearing was held on this appeal on August 21 , 19 29 pursuant t� .notices mailed postpaid to the petitioner, board members, butters, abutters ' to the abutters , and others, and advertisements were duly published in the Salem Evening News, advising of this Public Hearing. In addition to Board Chairman John M. GraySr. , members present were. Arthur E. Labrecque, Donald Koleman, Associate member Warren Baughm, and William F. Abbott who acted as secretary in ,the absence of Joseph F. Doyle; . Associate member Emery P. Tanch was also unable to attend. 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. By unanimous vote , the Board has therefore voted to grant a SpecialPermitto 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 the 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 eiigh; .the fence shall have a locking device and a closing devise so as to keep the gate shut at ill 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. i 4. . '.g. r S. nHd•. e A :T'- 2«r 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. 4. .,who may issue such permit 21 days after the date stamped on t'hisydecis- ion. in. the office of the City Clerk. e >r SPECIAL,PERMIT GRANTED WITH CONDITIONS. it CITY OF SALEM - - - BOARD Or APPEALS. BYt�r' !s^� J ' �►��� (Acting) Secretary,-- ,, y In $ `'r - �Y t `yt 5 yy j u U * 9 , If :�ti ti qr fz4 e ' .Pd .4x• .�,.. a:4w n�,dK, _ ld.., ! - a, gym! - i y � a: L ! .k r �'GONo'ttb f�i#g of �$ttlem, Anssarliusdis 7 -1� A. Poarb of Meal WILLIAM F. ABBOTT DECISION ON PETITION OF MR. AND MRS. RICHARD B. FRANCIS JAMES H. BOULDER FOR VARIANCE TO ERECT GARAGE AT 51 GALLOWS HILL ROAD. JOSEPH F. OOVLE J 2 JOHN M. GRAY, SR. ,.., y�F. i>-y. ` � j,` � ARTHUR LABRECOUE EMERY P. TANCH J. NORMAN WELCH, JR, 0 The Petitioners , Richard B. Francis and Beverly Francis, husban$n��� 94�MA§§, through their attorney, George P. Vallis,: appealed to the Board o for a variance from the application of the Zoning Ordinance in regard to density regulations , in particular a side yard requirement.. The Zoning Ordinance requires a side yard setback of ten feet , and petitioner' s plan shows he can allow only a distance of 6' -6" to his side boundary line. A hearing was held on this petition on May 25 1972 , pursuant to notices mailed postpaid to the petitioners, their attorney, abutters , Board Members , and others, and advertisements were duly published in the Salem Evening News advising of this Public Hearing. Present at the hearing were Board Members J. Norman Welch, Jr. , Arthur E. Labrecque, Chairman John M. Gray, Sr. , and William F. Abbott who acted as secretary for the meeting in the absence of Joseph F. Doyle ; also unable to be present were James H. Boulger, Sr. , and Associate Member Emery P. Tanch. Mr. Vallis appeared for the petitioners and explained that the petitioners proposed to construct a garage which would be attached to their dwelling house. It was pointed out that the house was originally a model house in the Witchcraft Heights subdivision, and that the petitioners had purchased 1 it approximately three years after it had been built. The parcel on which the house was situated contains seventy feet of frontage on the street , and because of the width of the house it would be virtually impossible to erect an attached garage without a violation of the side yard density regulation of the Zoning Ordinance. No one appeared in opposition. After a thorough review of the facts and a careful scrutiny of the plot plan submitted with the petition, the Board found that the granting of the variance would alleviate hardship to the petitioners; the Board further found that the violation was a minimal one and would cause no detriment to the abutters , and further would in no way derogate from the intent and purpose of the Ordinance , and for these reasons voted unanimously to grant the variance. VARIANCE GRANTED CITY OF SALEM - - BOARD OF APPEALS, BY Acting Secretary yLtADIp\ - _ WILLIAM F. ABBOTT }( q� �/,��}��f'Yjyy''�� 9� T{� JAME$ N. BOULDER (� 0 x,. RECENEO �,LI� T of 5allem, �t4'a cit �lz P # JOSEPH E. .AYLE JOHN M_ GR4Y, SR. y APT NUP VLABPECUE Sf � EMERY P. TANCH Pnttrb d Appeal PIORMAN WELD H. IP CITY CL.[-:i OFFICE $NEDT9 YhIS.ON PETITION OF LEO PARENT TO INSTALL A SWIMMING POOL AT 15 GOODELL STREET. In accordance with Section VII, Par. J. of the City of Salem Zoning Ordinance , petitioner appealed to the Board of Appeals for a Special Permit to install a swimming pool . Hearing was held on this appeal on November 20, 1972, pursuant to notices mailed postpaid to the petitioner, board members , abutters ,abutters to the abutters , and others , and advertisements were duly published in the Salem Evening News , advising of this Public Hearing. i In addition to Chairman John M. Gray Sr. , Board members present were Donald Koleman, Warren Baughn, and William F. Abbott. Petitioner appeared and explained the appeal, the same as in the original appeal on file . i No one appeared in opposition. The Board members have the facts presented to the meeting, together with a plot plan showing location of pool in accordance with zoning regulations , 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. 9 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 i CONDITIONS : - ,- 1 . Bona fide effort made to minimize noise and lights in order to avoid disturbing privacy of the 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 of the City of Salem Building Code (BOCA code) , Board of Health, Electrical Department , Police De- partment 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 I i - 2 Fool 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 after the date stamped on this decis- ion ecis ion in the office of the City Clerk. ` I SPECIAL PERMIT GRANTED WITH CONDITIONS. I CITY OF SALEM - - BOARD OF APPEALS , UJ BY — e Cn U_ Acting)' Secretary 111 00 o�n ? 14Uj ti$ LJ UJ J : Cr— >_H su F' of '�5'ttlem, ttssttc �tse##s > � Poarb of �Appeal ,s DECISION ON PETITION OF SALEM ACRES , ICN. , FOR VARIANCE W'LUAM R. ABBOTT FROM PROVISIONS OF THE CITY ZONING ORDINANCE AFFECTING JAMES H. BOULDER JOSEPH R. DOYLE SIDE AND REAR YARD SETBACK REQUIREMENTS OF DWELLING LO- JOHN M. DRAY, SH. CATED AT LOT #285 HARTFORD STREET. ARTHUR LABRECOUE EMERY P. TANCH J. NORMAN WELCH, JR. Attorney George P. Vallis appealed to the Board of Appeals in behalf of his client , Salem Acres , Inc . , for a variance from the application of the Zoning Ordinance with regard to density regulations , in particular side and rear yard setback requirements . The Ordinance requires a side yard setback of ten feet and a rear yard setback of thirty feet . A hearing was held on this petition on January 10, 1972 , pursuant to notices mailed to the petitioner, its attorney, abutters , board members , and others , and advertisements were duly published in the Salem Evening News on December 24 and 27 , 1971. Attending the meeting were Board members William F. Abbott , James H. Boulger, Joseph F. Doyle , and Arthur Labrecque . Mr. Vallis appeared for the petitioner, and explained that the building was located on a peculiarly shaped lot making it virtually impossible to adhere to the density regulations of the Zoning Ordinance . According to the plot lan submitted with the application, the violation of the side yard setback requirement was at the very most., three inches . It was explained that the rear yard setback for the most part conformed to the zoning requirements , but due to the irregular shape of the lot , it was impossible to meet the requirements of the thirty-foot rear yard setback. It was pointed out that in every other respect the location of the building met all other require- ments of the Zoning Ordinance. No one appeared in opposition. After a thorough review of the facts presented in this case , the Board found that the granting of the variance would alleviate hardship to the petitioner, due to the peculiar shape of the lot; the Board further found that to grant the variance as requested would in no way derogate from the intent and pur- pose of the Ordinance and would cause no detriment to the public good, and for these re ,�?%IIVWJ imously to grant the variance . #:r�lj VARIANCE GRANTED. CITY OF SALEM - - - BOARD OF APPEALS, BY Secreta ¢ " J �GpVDI a�G �� DECISION ON PETITION OF MARGARET ZARELLA TO REMODEL THIRD WILLIAABBOTT JAMES F. ULDER FLOOR PREMISES AT 6 HAWTHORNE BOULEVARD TO PROVIDE AN ADDITIONAL JAMES H. BOULDER JOSEPH F. DOYLE APARTMENT, JOHN M. GRAY, SR. ARTHUR LABRECOUE EMERY P. TANCH J. NORMAN WELCH, JR. The Inspector of Buildings refused to issue a permit to remodel the third floor premises at 6 Hawthorne Boulevard to provide a third apartment , as the Zoning Ordinance requiresa 12,000 square foot lot area in this zone, and petitioner' s lot area is 4540 square feet. A hearing was held on this appeal on May 25 , 1972, pursuant to notices mailed postpaid to the petitioner, abutters, Board Members, and others, and adver- tisements were duly published in the Salem Evening News , advising of the Public Hearing. Board Members present at this hearing were Arthur E. Labrecque, J. Norman Welch, Jr. , Chairman John M. Gray, Sr. , and William F. Abbott who acted as secretary for the meeting in the absence of Joseph F. Doyle; also unable to attend were James H. Boulger, Sr. , and Associate Member Emery P. Tanch. Petitioner appeared and explained the case the same as in the original appeal n file; this would be an apartment above the second floor in a wood frame welling; petitioner has owned the property for nearly one year, and finds that it does not have a sufficient amount of rent for income property. No one appeared in opposition. The Board reviewed thoroughly the facts and plans presented and found that the Ordinance requires a 12,000 square foot lot area in this zone ; there are presently two apartments in the structure , and the lot area is 4540 square feet; the members were of the general opinion that there was no hardship to petitioner; and felt that a variance to permit occupancy of the third floor premises as a third apartment in this wood frame structure within the desig- nated City Fire District would violate the intent and purpose .of the Ordin- ance and would substantially derogate from the public good, the members having in mind the Purposes of the Ordinance as set forth in Section I, i.e. , "For the purpose of promoting the health, safety, convenience, morals, or welfare of the inhabitants of Salem, the Zoning Regulations and restrictions of this Ordinance, ordained in accord with the provisions of Chapter 40A of the General Laws - - are designed among other purposes to lessen congestion in the streets; to conserve health; to secure safety from fire, panic , and other dangers; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to facilitate the adequate . provision of transportation, water, sewerage, schools , parks, and other pub- lic requirements; to conserve the value of land and buildings; to encourage the most appropriate use of land throughout the City; and to preserve and *crease its amenities". ,-Or these reasons, the Board Members voted unanimously to deny this appeal. APPEAL DENIED CITY OFF SALEM - - BOARD OF APPEALS, By t--'- (Acting) Secr.. �L�y 3' Xs of IPm, assac4usedts 0 Pnttrb of �FF£U1 MAY 31 1 3.5 ;M 'R 6) 1uct,mn Mr. CITYCi .i,ot 5 OFFICE "ILLI>M F. saOTT SALEM MASS. 'IMES M. F111GEq "'IF"' F. oo.LE DECISION ON PETITION OF JOILN von IJEISS , PI .D. REQUESTING A i01.1 ., IF, SPECIAL PERMIT TO OCCUPY PREMISES AT 1.07 HIGHLAND AVFNOE MTHVq LTANCII V[ EMERY P. T9NCH FOR CLINICAL PURPOSES . 1. NOgMFN WELCH. 1. Petitioner, by direct appeal , requested that the Board of Appeals grant a Special Permit in accordance with Section V, Paragraph B-1 , Subparagraph "f" to allow occupancy of the premises at 107 Highland Avenue for clinical pur- poses . A hearing was held on this appeal on May 22 , :1972 , pursuant to noticos mailed postpaid to petitioner , abutters , borird members , uud others , ati(i ai rrPisr- mcnts 1'rove duly pub I _i-shod ill the Sa 1 em News, aJ\ i s.i uta; of' t li i s I'ub 1 i s Ilearing. _ Board Members presollL attits licar:inl'; we-i.•c Artlau.• 1's. I,abroc(p.m , Jauues Il. Boulger, J. Norman Welcb , Jr. , Chail:111an John H. Gray, S:r. , eine( h'il- I inns F. Abbott who acted as cleric for the meeting in the absence of Joseph F. Do\-Le : \ unable to be present also w-as Associate Member Emery P. Tanch. Counselors Joseph Jennings and John Jennings appeared with Mrs . von Weiss �13,and explained the case , the same as in the original appeal on file : Dr, von Weiss is a member of the medical staff of the Salem Hospital and has had difficulty in finding .suitable quarters in the area of the hospital to operate his clinic ; it is or vital interest to doctors and patients to be as close as possible to the hospital facilities ; other staff member. at the hospital are anxious to locate their establishments in the immediate vicinity also , and petitioner proposes to renovate these premises to provide the necessary wait- ing rooms , examining rooms , offices , and related facilities on the first floor and in the ground-level basement ; }t was further explained to the Board that for the present , the second. and third floors would not be occupied, but in view of the current expansion of the hospital accommodations with regard to a nine-story additional building presently under construction, which in time will be increased to twelve stories precipitating requremeuts of other staff members for similar use . it is anticipated that these areas will also be. occupied for clinical purposes . Cowisel_or Joseph ,Tennin,­;s explained to tbo Members that the petitioner , Dr. John von 1�'eiss , is at the present time atteu,l in;; an :i_nternnt:ional convention of derwatolotists in Ansti•.i.a , and ret,retled lie. i,,as not able to appe..ir personal ty. f Severn.!. abutters of the locus in question appeared and expressed concern L'orl the safety of persons , particularly children who may play in the area adjacent to the rear wall which appears to be in poor condition. POP i I� 11�� after a thorough examination of the plans submihAt�j anp 35 �� x��ul review of Mmall of the facts presented in this case , the Board Members found that such Special Permit Uses are proper for this ciistricGkTYi�kLiHtiiat)FEVCEs appeal was Properly presented. in accordance with the prov:i.sioWENMAAS. Ci. ty Z,on i ng Ord- inance relating to "Special Permit Uses" as set forth in Section V, 1'arar;r: pb I1- 1. , Subparagraph "1'" which states that private clinics uray be bui..lt wi. tlii.n 1500 feet of the Salem Hospital_ ; the Board further found that due to the. natural terrain at this location. the basement referred to for proposed occu- pancy for clinical pa -poses will not be below ground as this portion of tice existing structure is at ground level. ; for these reasons , the Members voted unanimously to grant this appeal for a Special Permit with the following con- dition: 1 . The owner shall construct a wall across the rear property line whi-r], sha:Ll insure safety I'or all persons who may have reason to be .in tilt' vicinity. :uul Protection from linrni for veliLclos or otlicr• ob,jrcrs c:liicic may have occasion to he ncnr said wnll . SPECIAL PEM11- ' GRANTED IdlTil COIVDTTIO)�. CITY OF SALEM - - BOARD OF APPEALS , (Acting) Secretary •ssrM ►+3.1rs 331AA0 A113 AVw O3.4i3:)�N r Li T u4h- 3 � Chi#g Of *1CM �aSSaC U6tt#s � REC4IV�D a / IIFCT IIf PMI�`PP APR 16 3 40VH •7Z CITY CltT'S OFFICE WILLIAM F. ABBOTT DECISION ON PETITION OF ALEXE BLANARU FOR A SPEC4�ggLM LAME: H. BOULGER JOSEPH F. OO YLE PERMIT TO ALLOW A HOME OCCUPATION AT HIS RESIDENCE JOHN M. GRAY, SR. 118 HIGHLAND AVENUE, i.e. TO MAKE SIGNS AND ALSO, ARTHUR LARRECOOE TO INSTALL AN ADVERTISING SIGN,- 40" x 20" . EMERY P. TANCH J. NORMAN WELCH, JR. The Inspector of Buildings refused to issue a permit to allow a home occupa- tion of making signs to this applicant as the area is zoned for single fam- ily residences , and such occupancy is not permitted except by Special Permit from the Board of Appeals . Petitioner appealed to this Board, and a hearing was held on this appeal on March 27 , 1972 , pursuant to notices mailed postpaid to the petitioner, abut- ters , board members , and others , and advertisements were duly published in the Salem Evening News , advising of this public hearing. Petitioner appeared at the hearing and stated the case the same as in the original appeal on file ; such a home occupation would enable him to supple- ment his present income which he needs very much; he further stated that his property abuts a professional office building housing staff members of the Salem Hospital , who have installed a directory-sign indicating the occupants of the building and the hours they are available to patients . In addition to Chairman John M. Gray, Sr. , board members present at this hearing included Arthur E. Labrecque , J. Norman Welch, Jr. , and William F. Abbott ; members unable to attend were James Boulger and Joseph Doyle , also , associate member Emery P. Tanch. Dr. Herbert Hagele , a pediatrician staff member of the Hospital , who has offices in the professional office building referred to above , appeared in favor of granting this appeal. No one appeared in opposition. The Board reviewed the facts presented to this meeting, and were of the gen- eral opinion that such a home occupation was within the uses permitted in the Zoning Ordinance by Special Permit ; the members further found that a sign such as petitioner proposed to advertise his business would be in harmony with the requirements of the Ordinance , and for these reasons , voted unanimously to grant this appeal . SPECIAL PERMIT GRANTED. CITY OF SALEM - - BOARD OF APPEALS , BY Vil�l .wfiMfl ' • (Acting) Secretary (Qa ( � i2 % WILLIAM F. ABBOTT r- lei' h yy .NNs Jr Ow w JAMES H. BOULDER ei •( �, of �jIJgy�¢�rpygEZ'411Y JOSEPH F. DOVLE R�CCS D• V� 444YYY 444 .vww, 6�1N7JG4bbD JOHN M. LGRAY,ABRE SR. , _ 4flTHVq LABflECOVE J. NOR P, TWELC CE AUG �� 1 + 51 pu '� Atlt'a Y! A4yyIPKj 'J. NORMAN WELCH, Ji IFI1f' 'iY t LLL... ! 1 DECIEPI �te' '4`E+4i ON OF • JEAN LA CHAPELLE FOR A SPFA�, PERMIT TO INSTALL A SWIMMING POOL AT .' 320 HIGHLAND AVENUE. In accordance with Section VII; Par. J, of the City of Salem Zoning Ordin-. ante, petitioner appealed to the Board of Appeals for a Special Permit to., install a swimming pool at A hearing was held on this appeal 'on August 21 , 1M, pursuant t', notices .mailed postpaid to the petitioner, board members ; abutters , abutters °to the abutters , and others, and advertisements were duly published in the•,Salom Evening News, advising of this Public Hearing. In addition to Board Chairman John M.�,Gray, , Sr. , members present ,were, Arthur E. Labrecque , Donald Koleman, Associate member Warren Bau,ghm, . and William F. Abbott who acted as secretary in the absence of Joseph F. Doyle; Associate member Emery P. Tanch was also unable to attend. - The Board members have the ''faets 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. . 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: - iE 1. Bona fide effort made to minimize noise and lights in order. to , avoid disturbing privacy of ,the 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 al.l 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 ladders;{stair, ledge, or standup area, not over threc. feet below water surface , shall be provided for -_ each seventy-five , feet of .perimeter; fence shall have only one,% opening, three feet maximum width. 00 � JJ 1il .x : t '� Mixt ., Y,.. '• , , 'N/` ,"y�::: - s e A. ntt I,k 1U x E'- t, 4 Pool shall be constructed of materials that will provide a structurally i" sound and tight tank with impervious surfaces that are easily cleaned. 6. No swimming pool or appurtenances thercto' shall be installed or- altered until a building permit has been obtained from the Building Inspector.,' who=may issue such permit 21 days after the date stamped on this: decis- `:ion in the office of the City Clerk. SPECIAL PERMIT GRANTED WITH CONDITIONS. CITY OF SALEM - BOARD' O? APPEALS, : BY (Acting) Secretary -4 Nn r • .� „ m - Pn -r{ 1,11.114 r i , i { o „ l i i 1 1 _ I V,' 1 :,( ♦. � 1 a" 3 � WILLIAM F. ABIJOtT �p�'p�p�� N y'�}/�� `1�ryp[�¢¢ �}} ry,��,99y�Jy�t(�(�' }�r�} (�y� g� JAMES IL FlOVIC.EN d to Li /YeI LS��;j` 'wJ.W Oassar4uz Ltf%JI JOSEPH F. OVYIE mo,JJJ l.. 1 JOHN M. G.N V, SR. ..��ff ARTHUR L.A bbECOU£ varb nt c9\p-plaaY FM EflV P TANCM � u jf Ul I� i 1. N(1RNAN WE I.0 H, JH. DECISION ON PETITION OF JUDITH A. ROSENBERG FOR A SPECIAL PERMIT TO OCCUPY THE, PREMISES AT LOT 672 HIGHLAND AVENUE, , AND PARCELS B AND C AS SHOWN ON PLAN, AS AN AUTOMOBILE SALES LOT. By direct appeal , petitioner appealed to the Board of Appeals for a Special Permit to allow the sale of automobiles on the premises at Lot 672 Highland Avenue and Parcels B and C as shown on plan submitted with petition. A hearing was scheduled for August 28 , 1972 , pursuant to notices mailed postpaid to the petitioner, abutters , abutters to the abutters , Board Mem- hers ; and others , and advertisements were duly published in the Salem Even- ing News giving notice of this Public Hearing. At this hearing, petitioner presented a request that the Board grant a con- tinuance on this petition until its next meeting. After announcing that such request had been received and finding that no person present had come to the meeting to voice opposition to granting petit=ioner' s request for a Special Permit , it was agreed that the request for a continuance be 'allowed . ' On October 3 , 1972 , hearing was resumed on this appeal. Present were Chair- man John M. Gray; Sr. , William F. Abbott who acted as clerk for the meeting, 7onald Koleman, Arthur Labrecque , and Associate Member Warren Baughn; unable to attend were Joseph F. Doyle , and. Associate Member Emery P. 'ranch. Mr. Ira Rosenberg appearing for the petitioner; Judith A. Rosenberg, stated that she was in the process of transferring title of the property to a prospective buyer who would purchase it if he were allowed to occupy the area for the use specified in the petition, i. e. the 'sale of automobiles. Mr. Peter Gorshel, Post Office Square , Lynnfield, and Counselor George Vallis , 70 Washington Street , Salem, appeared in favor of granting this appeal . No one appeared in opposition. The Board found that the request for said Special Permit was properly pre- sented in accordance with Section V. Par. B-6 , Sub. Par. b of the City of Salem Zoning Ordinance which specifies such use for this district , and further found that the conduct of such a business would be in harmony with existing automobile sales enterprises . With Board Member Donald Koleman abstaining from voting, the Board voted unanimously to grant the Special.. Permit as requested. SPECIAJPSEBMIT GRANTED._ CITY OF SALEM - BOARD OF APPEALS, U o •Zvi BY fl Gl >H Acting Secretary J.._J - j W _ � U 31 �oNVJ C tv of *Ulem, Aassaclluutts R�c,: _o Poarb of �Appeal APR 18 3 39 M '71 CITY CLERK'S OFFICE WILLIAM F. ABBOTT DECISION ON PETITION OF HIGHLAND REALTY TRUS1 P Vtt MAASS' JAMES H. ROOER JosEPH F. oorLE VARIANCE FROM THE APPLICABLE TERMS OF SECTION V, PAR. JOHN M. GRAY, SR. 8 , PERMITTED USES, INDUSTRIAL DISTRICTS, TO PERMIT ARTHUR LABRECGUE USE OF AN ENTIRE PARCEL OF LAND SHOWN ON PLAN SUBMITTED EMERY P. TANCH J. NORMAN WELCH, JR. WITH THE PETITION CONTAINING APPROXIMATELY 13• 5 ACRES OFF HIGHLAND AVENUE. By direct appeal through Counselor John R. Serafini , Petitioner requested the Board of Appeals to grant a variance from the applicable requirements of the City of Salem Zoning Ordinance so as to permit the use of the parcel as outlined on the plan submitted with the Petition in its entirety for B-2 purposes , for use as a shopping center. A hearing was held on this appeal on Monday, March 27 , 1.972 , pursuant to notices mailed postpaid to the Petitioners their Attorney, abutters , Board Members , and others , and advertisements published in the Salem Evening News advising of this Public Hearing. Board Members present at the hearing were John M. Gray, Chairman, William F. Abbott who acted as clerk, Arthur E. Labrecque , and Associate Member J. Norman Welch, Jr. , unable to attend the hearing were James Boulger and Joseph F. Doyle , and Associate Member Emery P. Tanch. Counselor Serafini appeared on behalf of the Petitioners , and introduced evidence to the effect that the portion of land in question was zoned a dis- tance of approximately 450 feet back from Highland Avenue for highway-business purposes, and that it appeared from the zoning map that the balance of the parcel of some 13. 3 acres was zoned Industrial . Evidence was also introduced that access to the rear portion of this parcel of land was only through the B-2 portion abutting Highland Avenue and further evidence was introduced that the B-2 portion of the lot was not sufficient in and of itself to support the shopping area proposed. Further evidence was introduced that the Industrial portion of this land could not be utilized without access to Highland Avenue , without going through the B-2 area. The Petitioners introduced evidence that the proposed shopping center would bring a substantial tax benefit to the City of Salem and would provide em- ployment and would permit the immediate development of land which had re- mained idle for many, many years. Evidence was introduced that because of the rocky and uneven condition of the land in question, that it would be difficult to develop the same for substantial factory buildings , especially without access to Highland Avenue. The Board found as facts that the B-2 zone did divide the parcel of land in question into two zones so that the rear portion of the parcel did not have access to Highland Avenue except through a B-2 zone . They further found that the B-2 zone in question could not support the shopping center proposed, and that additional area was necessary in order to permit the project to go for- ward. They further found that the portion of the parcel in question for which a variance was sought was in effect isolated from Highland"Avenue by l z - another zone , and for practical purposes could not be sold- or built upon as it nad no access to the Highway. The Board found as facts that the terrain was rough and ledgy and that it would be difficult to develop the area zoned Industrial for factory or other uses per- mitted in an Industrial zone , requiring extensive blasting and foundation work. The Board found that in examining the zoning for the entire area, Highland Avenue was primarily commercial in nature and that many business establishments were already located on the Avenue and adjacent to the Avenue , and found in fact that the area was predominantly commercial . They further found that the zoning contemplated the establishment of commercial zones on Highland Avenue and in the vicinity of Highland Avenue . They further found that the required use of the entire site as a shopping center was compatible with the develop- ment of the immediate surrounding area, and that integrated developments were contemplated in the Salem Zoning Ordinance . The Board further found that granting this request for a variance would still leave a substantial area of land owned by the Petitioners , which was also zoned Industrial , and which would be available for future development , but that the remaining portion of their land could be serviced by a proposed road which they were in the process of building. The Board carefully considered all the evidence', and its findings and facts , and made its conclusions that the granting of this request for a variance would not derogate from the intent of the zoning 'ordinance and ,that not to grant this variance would impose a substantial hardshipon the Petitioners s 40 s it pertained to this particular parcel of land in question. An abutter, Mr. Alfred Charland, represented by an Attorney from the office of Hill and Blake , voiced an objection to the granting of this variance . No one else appeared in opposition. The Councillor of the Ward in which the land in question is located, Coun- cillor Joseph Ingemi , appeared in favor of the Petition, and stated that the development of this area of the proposed shopping center, would bring a valuable benefit to the people and to the City of Salem. The Board having heard all the evidence and after due consideration and discussion, unanimously voted to grant the variance as requested. CITY OF SALEM - - - BOARD OF APPEALS , APPEAL GRANTED BY Oka n '4 •v (Acting) Secretary ro 4° �q'�Y�iJ IIlrYI?dJaAyL{4P � OSEaX F 00 LE In ' `CC aYY if JO N M. C i•. 0 �J a ARTXVR LAOPf'COut \� ) y f`J•. VLiA T}! z - J. NVR4 V-[LCa., Jf;_ DECISION ON PETITION OF :MEGALOPOLIS REALTY TRUST TO ERECTA POUR, TCjK T APA'RTMF:MT ON LOT Z NORTON ROA-T) (.ATSO CALLED LAURENT ROAD) . petitioner through Counselor John R. Serafini , appealed by direct appeal- to the Board of Appeals to vary the applicable density_ requirements of the City Zoning Ordinance to permit con,structi.on of a four-apartment structure on Lot Z Horton. Road Named Laurent Road) . A hearing was scheduled to be held on August 28, 19725 pursuant to notices mailed postpaid to the petitioner, abutters, abutters to the . abutters; and others , and advertisements published in the Salem Evening News , advising of the Public Hearing. Board Members present were Chairman John M. Gray, Sr. , Donald Koleman Arthur 7abrecque, Associate member Warren Daughm, and Will.-Jam F. Abbott, who acted as secretary to the meeting in the absence of Joseph F. Doyle ; also unable to attend was Associate member Emery P. Tanch. The plan submitted indicated a lot area of 9185 square feet with a front- al-e of 85. 32' , and the Zoning requirements are a 12,000 square foot lot with a 100-foot frontage; the proposed location of the structure would be in harmon-, with the front and side yard setbac',c requirements , but the rear yard would be 27 feet instead of the regulation 30 feet. Counselor Serafini appeared at the hearing and requested the Hoard grant his client Leave to Withdraw Without Prejudice . The Board members voted unanimously to grant this request . LEAVE TO `:1-ITHJRAW WITHOUT PREJUDICE. CITY OF SALEM - - - BOARD Or APPS^-LS , BY _ 'iT.�� ,.,� , ;a --✓._t_ -.r'_k" yv. '`,f_' `s' (Actin Y.V, Secrecar-y •SJ i'Jl fq��11J _. 'kilo I I i ac �► ; , ' / MAYz7 ;ti y7g + s��sr;3 of Qui __f J �y CITY t;L&cy'S OFFICE 111EM, AiAyy' W" I L'AM E. ABBOTT DECISION ON PLITION OF ZION REALTY TRUST TO ENCLOSE AND ROOF JAMES H. BOO ER JOSEPH F. pO YLE OVER AREA BETWEEN EXISTING STRUCTURES AT 7 IRVING STREET. - JOHN M. GRAY, SR. ARTHUi LAOREWUE EMERY P. TANCH J. NORMAN WELCH, JR. The Inspector of Buildings refused to issue a permit to allow construction of an addition to existing buildings at 7 Irving Street as such buildings are presently nonconforming structurally and with regard to use of said structures , and such construction -would be an expansion of a nonconformity . in accordance with the regulations of the City Zoning Ordinance. Petitioner appealed to the Board of Appeals to vary the applicable terms of the Ordinance , and a hearing was held on this appeal on November 29 , 1971 , pursuant to notices mailed postpaid to the petitioner, board members , abutters , and others , and advertisements published in the Salem Evening :dews . Petitioner requested a variance to roof over and enclose an open area situated between two buildings , accessible only by means of a garage door; the appeal stated the variance was requested in part for the benefit of the neighbors as there have been frequent complaints of odors and noises emanating from the isting driveway and unloading area, also , complaints as to the visibility f the operations which by their nature are unattractive to passersby and abutters ; loading and unloading would be done in the proposed enclosed area ; the enclosure would eliminate an existing hardship as employees are forced to work out of doors during periods of inclement weather . _Appeasing for the petitioner were Attorney William Lundregan, Captain Henry Nichols , and George Generalis superintendent of the factory petitioner oper- ates at this locus . Ward VI Councillor George McCabe appeared at the request of seventeen neigh- bors who were concerned as to how the expansion of this nonconforming struc- ture and use would affect the area and their properties . litany of these neighbors appeared with the Councillor, as did Councillor at Large John H. Burke . In view of the strong opposition to this appeal , the Doard voted to withhold a decision panding further study of all of the facts .in the case . At a regularly scheduled meeting of the Board held on March 27 , 1972 , Discus- sion was resumed on this appeal . At this meeting those present included Chairman John M. Gray, Sr. , Arthur Labrecaue , William F. Abbott who acted as clerk for the meeting, and Associate Member Norman J. Welch, Jr. , acting in the capacity of a regular Board Member, James H. Boalger, ?,,,ho was unable to attend; also unable to be present were Secretary Jo3eph r. Doyle , and Assoc- ate member Emery P. Ta.nch. (continued) z 2 - fter a ,review and careful consideration of all of the facts presented in this ase ; it was the general feeling of the Board that to grant this appeal would alleviate hardship to the petitioner and would remove offensive and detrimen- tal conditions adversely affecting the neighborhood, and further found that the overall effect would be to improve the appearance of the site , and for these reasons voted unanimously to grant this appeal with the following condi- tions , pending a reply from the office of the City Solicitor with regard to a request by this Board for his advice and counsel . CONDITIONS : 1 . The enclosed area as proposed shall be used for specific purposes stated in the petition, loading and unloading only. , 2. The proposed enclosure shall not be used for manufacturing purposes or for any other purpose other than permitted in condition #1 . On May 18 , 1972 , a reply was received from the office of the City Solicitor stating that a discussion of this matter with Counselor Harry Simon represent- ing petitioning company had been most helpful in working out the problems related to this petition. 4RIANCE GRANTED WITH CONDITIONS. CITY OF SALEM - - BOARD 0: APPEALS , e �sy v BYOL Acting Secrertary Com, >• N �L µJ JU1 LJ d __ V Y 49 c � U I • oavrl,Vj.. (Titu of �'alem, a5suchusett.5 . Pub of Appeal .WILLIAM E. ABBOTT JAMES X. ROULGER DECISION ON PETITION OF FRED I�ASPRZYK FOR VARIANCE TO JOSEPH E. OOYLE ERECT A TWO-CAR GARAGE AT 43 IRVING STREET. JOHN M. GRAY, ARTHUR LABRECOUE S EMERY P. TANCX - - J. NORMAN WELCH, JR. Applicant by direct appeal petitioned the Board of Appeals for a variance to permit the construction of a two-car garage on his property at 43 Irving Street as the Ordinance requires a rear yard setback. of thirty feet and the setback here will be twenty-four feet . A hearing was held on this appeal on June 1 ,, 1972 , pursuant to notices mailed postpaid to the petitioner , Board Members, abutters , and others , and adver tisements were duly published in the Salem Evening News , advising of this Public Hearing. Petitioner appeared and explained the case the same as , in the original appeal on file ; he proposes to construct a two-car garage and all of the zoning . requirements will be complied with excepting the rear yard setback regulation of thirty-feet from he rear boundary. ' Vo one appeared in opposition. - Board Members present were Chairman John M. Gray, Sr. , J. Norman Welch, Jr. , Arthur E. Lab.recque , and William F. Abbott who was acting secretary to the meeting in the absence of Joseph F. Doyle ; also unable to attend were James H. Boulger; Sr. , and Associate Member Emery P. Tanch. The Board Members had the facts presented and after a study of the plot plan presented were of the general opinion that the violation was a minimal one and would cause no detriment to the abutters and further found it would in no way derogate from the intent and purpose of the Ordinance , and for these reasons voted unanimously to grant the variance as requested. .APPEAL GRANTED. CITY OF SALEM - BOARD OF APPEAL BY Actin g ecretary e" TO CITY_CLERK 6_14_72 WILLIAM F. ABBOT': y Tl �\)�'} /��',} 'J,/Iu,,f'u�,�}' QJy�r fT�fT,.yyy JAMES H. BOULGER v3 aity oft $atrm, C..�iKs.s ar4usetts JOHN M.EPH GRAY,L SR. -J��-JJJ I/ �.yy{H,yy`} .y�r /ay%�a�•,y,, ��}}�� ARTHUR LABRECOUE Pearb o 1. "rA EMERY P. TANCH 111 fill.... 1111 / J. NORMAN WELCH, JR. G AUGUST 1, 1972 DECISION ON PETITION OF JOHN DE FRANCESCO & SONS, INC. , TO ERECT ADDITION TO EXISTING STRUCTURE AT 100 JACKSON STREET. The Inspector of Buildings refused to issue a permit to erect an addition to an existing structure at 100 Jackson Street because such construction would be in violation of the City Zoning Ordinance density regulations for this district. The Ordinance permits maximum coverage of the lot area at 80%, and petitioner' s proposal is to cover 100',x, of the lot. Petitioner appealed to the Board of Appeals for a variance from the appli- cable terms of the density requirements of the Zoning Ordinance, and a hearing was held on this appeal on July 10, 1972, pursuant to notices mailed postpaid to the petitioner, abutters, board members, and others, and advertisements were duly pubiished in the Salem Evening Newts, advis- ing of this public hearing. Board Members present at this hearing were Chairman John M. Gray, Sr. , J. Norman Welch, Jr. , Arthur E. Labrecque and William F. Abbott who acted as secretary for the meeting in the absence of Joseph F. Doyle; Associate Member Emery P. Tanch was unable to be present. Petitioner appeared and explained the case the same as in the original appeal on file# he proposes to erect three walls at existing rear wall of present.-. structure; this will provide additional refrigeration to meet the requirements of this expanding business; structures on both sides of this building presently extend to the railroad tracks, and by this pro- posed construction, this building will be in harmony with the rear walls of those buildings and present a more attractive appearance. Mr. Ralph Mills, a representative of the abutting Cressey-Dockham estab- lishment, appeared to voice his approval of a favorable decision on this appeal. No one appeared in opposition. After a thorough review and discussion of the plans submitted and of the facts presented to this hearing, the Board members found that the request is a reasonable one and the area presently zoned B-4, for wholesale and automotive business, contains many businesses covering the entire lot area or very nearly the entire area; the proposed addition would be in harmony with abutting structures; the members were of the opinion that to grant the variance as sought in the appeal would in no way derogate from the intent and purpose of the Ordinance, and further found that granting this variance would cause no detriment to the public good but would in fact relieve hardship to the petitioner in permitting the expansion of the facilities necessary for the proper operation of his business, and for these reasons, voted unanimously to grant the variance as requested. VARIANCE GRANTED. - C71-1Y OF SALEM BOARD OF APPEALS, 64 14, Acting Secretary WILLIAM F. ABBOTT JAM 5 R. ROUIGERVIGEfl RECE!VrO o ,'5ajXnT, : a5sar u {rtlb - Jp NMFGR OYL t✓ SR, ��JJ" l/ 11 ART, UR LAeRECGVE DECA41 ry9 MCRY T.NCN Ui. U 53 HI! '9 L PjDarb O{ �ppeal 1, NORMAN 'NCLC11, JR. rI�,, _ DECl 1,h ' SiS LTi ION OF ALBERT SND LORRAINE ST. PIERRE TO REMODEIVG NON-CONFORMING STRUCTURE AT 61 JEFFERSON AVENUE FOR USE AS A RESTAURANT AND A VARIANCE FRO1 APPLICA- BLE TER_NIS OF CITY ZONING ORDINANCE DENSITY REGULATIONS FOR INDUSTRIAL DISTRICTS. This is an appeal from a refusal by the Building Inspector to issue a build- ing permit to remodel an existing building located at 61 Jefferson Avenue , Salem, as a restaurant , -.citing the reouirement of the, Ordinance for an Industrial District for lot area of 40,000 square feet with frontage of 150 feet and maximum lot coverage of 450, setbacks from all boundary lines of thirty feet . After public hearing held on November 20 , 1972 , in accordance with Section 17 of Chapter 40A, at which time this Board heard from the Petitioners , their attorney, members of the general public in favor of the granting of a variance and those opposed, the Board finds the following: That the operation of a .restaurant at 61 Jefferson Avenue is a permitted use allowed by the City Zoning Ordinance . The Ordinance permits in I Districts , (Industrial) "All uses permitted in B-4 Districts , subject to all provisions ecif_ied for such uses . . . B-4 Districts allow "All uses permitted in B-1 Districts , subject to all pro visions .specified for such uses , . . . B-1 Districts allow "Restaurants and other eating places which do not serve alcoholic beveragesconsumed on the premises , and including drive-in restaurants and drive-in snack shops" . That the lot and existing building thereon do not conform to the lot size requirement of 40,000 square feet , frontage requirement of 150 feet and the off-street parking requirement of one space for each two ,employees plus fif- teen spaces . However, the Board finds that the existing`building physical definition of the lot area and boundaries existed prior to the effective date of the Ord- inance and finds that an actual hardship both practical and economic exists relative to the use of the lot and building thereon by Petitioners . It has been determined by the Board that provision for eleven off-street parking spaces on the lot will prevent serious on-street parking problems in the area. The Board finds additionally: 1 . That special conditions and circumstances exist especially affecting the building and lot involved partially due to its pre-existing non-conformity nd which are not generally affecting other lots and buildings in the same strict . 2 . Literal enforcement of the provisions: of the Ordinance would involve X 2 - -bstantial financial hardship to the petitioners . ` 3 . That a variance to the terms of the Ordinance may be granted without substantial detriment to the public good and without nullifying or substan- tially derogating from the intent or purpose of the Ordinance . 2 By unanimous vote the Members present voted to grant this appeal ; the Board places a condition which must be met prior to the operation of the proposed 1 restaurant which requires that parking be provided for no less than eleven f cars on the lot in question. jt Board Members present were Chairman John M. Gray, Sr. , Acting Secretary William F." Abbott , Donald Koleman, and Warren Baughn. i APPEAL GRANTED WITH CONDITION. CITY OF SALEM - - BOARD OF APPEALS , BY I (Acting) Secretary WLU Cn n y > Ln x V rC J w Cr . O U i i i ' r� 1 �T 1 of *atem, ,,�fflassar4usetts JAM l y f l 09 Poarb of APpral EIRITION OF GEORGE BELLEAU AND ERNEST BELLEAU,III, WILLIAM R. ABBOTT TO J SPECIAL PERMIT TO ALLOW USE OF EXISTING STRUCTURE JAMES H. BER JOSEPH F. oOYLovLE AND PREMISES AT 248-250-252 JEFFERSON AVENUE FOR THE CONDUCT JOHN M. CRAY, BR. OF A SHEET METAL BUSINESS. ARTHUR LABRECOUE EMERY G. TANCH J. NORMAN WELCH, JR. Petitioners through Counselor John R. Serafini, petitioned the Board of Appeals by direct appeal for a Special Permit to conduct a business ss oP era- tion confined to sheet metal work on the premises at 248-250-252 Jefferson Avenue. A hearingwas held on this petition on Januar 10 1 2 P Y i 97 , pursuant to notices mailed postpaid to the petitioners, their attorney, abutters, board members , and others , and advertisements duly published in the Salem Evening News , advising of this hearing. Present at the hearing were : Mr. William F. Abbott Acting Chairman Mr. Joseph F. Doyle, Secretary Mr. James H. Boulger, Sr. Mr. Arthur E. Labrecque Members unable to attend this hearing were : Mr. John M. Gray, Sr. , Chairman t. and alternate members : Mr. Emery P. Tanch Mr. Norman Welch, Jr. Petitioners were represented by Counselor John R. Serafini of Salem, Massa- chusetts at the hearing. Evidence was introduced that the premises in question were in a commercial zone , B-1 for neighborhood business, and that in these B-1 districts, many business uses are permitted; the premises had formerly been occupied by the Michaud Bus Company for the conduct of its business and for the storage and repair of its motor vehicles including busses , and that it had been used for sheet metal work and body repair work in connection with said business; this use had continued for a number of years. It was further pointed out that the Petitioners operated a sheet metal business ; and that the nature of this business requires storage of. material and motor vehicles in addition to work performed on sheet metal ; this opera- tion typically involves employees reporting for work then leaving for various other jobs as Petitioners ' work is principally on buildings and structures already existing. ✓ - 2 - The Board found as fact that the locus is in a B-1 district, that it had been used for business purposes , most recently the operating of a bus ter- minal and for the storage and repair of buses and motor vehicles, and that vehicular body work and sheet metal work were some of the many uses which the premises had been used for; they further found that to grant this Special Permit would in no way derogate from the intent of the Zoning Ordinance as it applied to a B-1 district, zoned for business. There was no opposition to the Petition. The Board then unanimously voted to grant the Special Permit requested to enable the Petitioners to proceed to operate a sheet metal business at said #248-250-252 Jefferson Avenue. VOTED: TO GRANT SPECIAL PERMIT AS REQUESTED. CITY OF SALEM - - - BOARD OF APPEALS LU BYV Secretary ;a w y J J t.:Q K F- '� v 4 55 i. �-` WILLIAM E. ABBOTT "'MES H. BOVLGER L � JH FRECEIV JOHN �GYLE I� gVTX VR Lg4R ECOUE 1 7 o (!'�N 7 ��j]�� �yy{`j ,},r' }}y� (�C EMERY p TANI H �+ 59 1 1 �I Z �i iarb o �kp J� eal CITY CLEii�IS OFF;CE SALE, ION ON PETITION OF RAYMOND C. FRECHF,TTE TO CONVERT SINGLE FAMILY DWELLING AT 274 JEFFERSON AVENUE TO TWO- FAMILY OCCUPANCY. The Inspector of Buildings refused to issue a permit to alter an existing single family dwelling by construction of an addition to provide an addi- tional apartment at 274 Jefferson Avenue , as such would be an expansion of existing nonconformity with the requirements of the City Zoning Ordin- ance. Appeal was made to the Board of Appeals for a variance from the density re- quirements affecting lot area, lot width, and front , side , and rear yard setbacks. A hearing was held on this appeal on September 25 , 1972 , pursuant to notices . mailed postpaid to the petitioner, abutters , abutters to the abutters , board members , and others , and advertisements duly published in the Salem Evening News advising of this Public Hearing. . Petitioner appeared with Mrs. Frechette and explained the case the same as in the original appeal on file . It was pointed out that the existing strut-. 0"ure is a six room cottage and. a married daughter .is presently sharing occu- ancy with her family; the parents find it extremely difficult to have two families sharing such accommodations ; the lot is presently undersize for the district , lacks sufficient frontage , and the existing dwelling is non conform- ing with regard to setback requirements of the Zoning Ordinance. Counc llor Joseph Ingemi, Mrs Robert Kauler, and Mr. Noiseux, abuilder appeared in favor of granting this appeal. No one appeared in opposition. The Board took the matter underadvisementfor further study. - On October 16 , 1972, with Chairman John M. Gray, Sr. , William F. Abbott , Donald Koleman, Arthur Labrecque , and Warren Baughn present , the Board again reviewed the case. It was found that the size of the lot in question is in harmony with all lots in the immediate area abutting this lot , and those abutting the abutters ' lots with the exception of one , and that adjacent dwellings were occupied as two- family dwellings and some were occupied as multi family dwellings . The Board found that by granting the variance as requested, the hardship of two families occupying one dwelling unit would be alleviated, and further found that granting the variance would in no way derogate from the intent and purpose of the Ordinance nor would granting the variance be detrimental to the public good, and for these reasons voted unanimously to grant the variance as requested. VARIANCE GRANTED. CITY OF SALEM - - BOARD OF APPEALS , BY Actin c ' g'� Seretar y i .e ti - �tANnJ of �$ttlem, Aussar4use##s . p TT, Y Pourb of Appezd J`�CUllNE DECISION ON PETITION OF WILLIAM J. WILBER, JR. , TO WILLIAM F. ABBOTT CONSTRUCT A SHED DORMER ON RIGHT SIDE OF TWO FAMILY JAMES H. BOULDER JOSEPH F. OOYLE HOUSE AT 16-18 JUNIPER AVENUE, TO PROVIDE A THIRD JOHN M. GRAY, BR. APARTMENT. ARTHUR LABRECOOE EMERY P. TANCH J. NORMAN WELCH, JR. The Inspector of Buildings refused to issue a permit to alter the existing structure at 16-18 Juniper Avenue to provide an additional apartment , as said structure is located in a single family residence area, where the City Zoning Ordinance requires a, lot area of 7000 square feet with a sixty-foot frontage , and 3500 square feet of lot area for each dwelling unit . The land in question contains 4275 square feet , has a forty-five foot frontage , and the existing structure is also nonconforming with regard to front setback and side yard requirements. Petitioner appealed to the Board of Appeals from the decision of the Building Inspector, and a hearing was held on this appeal on January 10, 1972 , pur- suant to notices mailed postpaid to the petitioner, his attorney, abutters , Board members, and others , and advertisements were duly published in the Salem Evening News advising of this Public Hearing. Decision on this appeal was withheld, and a discussion on the petition was 0-resumed at the February 28 meeting of the Board. Members present in addition to Chairman John M. Gray, Sr. , and Acting Secretary William F. Abbott , were James Boulger, Arthur Labrecque and J. Norman Welch, Jr. ; unable to be pres- ent were Board Secretary Joseph F. Doyle , and Associate Member Emery Tanch. After careful consideration of all of the facts presented in this case , the Board voted unanimously to deny this appeal. However, before this decision was officailly filed with the City Clerk, a communication was received from George W. Atkins , III, Counselor for Mr. Wilber, requesting that he be allowed to withdraw the petition without prejudice , or he be allowed to have the matter heard for reconsideration at the March Board meeting. On the 27th of March this request was presented to the Board at a regularly scheduled meeting. The Board reaffirmed its de- cision to deny this appeal . The Board found that the density requirements of the Zoning could not be met particularly with regard to lot area required for three dwelling units , and further found that the granting of this appeal would cause detriment to the public good, and would in fact derogate from the intent and purpose of the Ordinance which defines the R-1 districts as follows : " SECTION III, Types of Districts : "DEFINITION - R-1 Districts - - One-family residential districts which are intended to be those areas in which spaciousneighborhoods suitable for healthy, safe , convenient and comfortable family life are to be promoted and protected. " After a careful review of all of the facts presented, it was the unanimous decision of the Appeals Board to deny this appeal . APPEAL DENIED. CITY OF SALEM - BOARD OF APPEALS, BYde K c ing Secrearm�*W] Ctv of 'SaIem, 'Mttssadjuse##s 3 E poarb of :A� "ezd WILLIAM F. ABBOTT DECISION ON PETITION OF WILLIAM F. MC KINNON TO-REMODEL JAMES H. BOULDER EXISTING STRUCTURE AT 18-20 KOSCIUSKO STREET TO PROVIDE JOSEPH F. DOYLE SIX APARTMENTS. JOHN M. GRAY, SR. 'L ARTHUR LABRECOUE �•'• �•• E. L.ir EMERY P. TANG J. NORMAN WELCH, JR. �- The Inspector of Buildings refused tc 'issusa' permit to alter the structure at 18-20 Kosciusko Street to permit installation of six apartments; the building is located in an R-2 zone, for two family residences, and the City Zoning Ordinance requires 3500 square feet of lot area for each dwelling unit; additional requirements of the Ordinance are a fifteen foot front setback, a ten-foot side yard setback, anda thirty-foot rear yard; in addition, the Ordinance requires one and one-half parking spaces for each dwelling unit. Petitioner' s lot comprises a total of 3900 square feet , a four foot front yard and a four foot side yard, and a 10' -6" rear yard; he has no available area for any parking facilities. Petitioner appealed to the Board of Appeals to vary the application of the density requirements of the Ordinance to permit occupancy of six dwelling units in the existing structure , and to allow parking within 400 feet of the building. &A hearing was held on this appeal on June 1, 1972, pursuant to notices mailed postpaid to the petitioner, abutters , Board Members , and others , and advertisements were duly published in the Salem Evening News advising of this Public Hearing. Present at the hearing were Board Members J. Norman Welch, Jr. , Arthur E. Labrecque . Chairman John M. Gray, Sr. , and William F. Abbott who acted as secretary for the meeting in the absence of Joseph—F: Doyle; also unable to be present were James H. Boulger, Sr. , and Associate Member Emery P. Tanch. Mr. McKinnon appeared and explained the case the same as in the original appeal on .file; he proposes to remodel the structure to provide six apart- ments; he is unable to provide parking spaces for the occupants but referred to adequate parking available within 400 feet of the structure. A letter from the Board of Health of the City of Salem was received by the Board stating the Health Board has ordered this',-property razed, and exten- sions of time have been granted many times in order that Mr. McKinnon could appear before this Board; this letter further stated that the property is presently condemned. Appearing in favor of granting this appeal were Mr. David Johnson of 16 Kos- ciusko Street and a Mr. Capuccio of Holly Street. Councillor for the Ward, George Nowak, appeared in behalf of his constituents �� to oppose granting this appeal. t - z -, The Board Members have the facts presented in this case, and a careful and Thorough study revealed that for a period of five years , the Board of Health has tried continually but unsuccessfully to have petitioner restore and maintain this property in a safe and habitable condition; the building is a blight on the entire neighborhood; in September of 1967 the owners were reminded by the Board of Health of notification they had received listing certain defects which had to be corrected so the structure would comply with the State' s Minimum StandawdsiofQFatriessifor Human Habitation; the building was officially condemned by the Health Department on March 11 , 1968 due to a multitude of violations of Article Two of the Sanitary Code of the Commonwealth, and the owners were notified on January 14, 1969 that it was the intention of the Board of Health to 'rec}uest them to demolish the struc- ture if these violations were not corrected by February 15, 1969 ; . articles and photographs have appeared in the local newspaper and the local college newspaper directing attention to exterior views of the structure showing deplorable conditions; additional photographs in the files of the Board of Health taken in March of 1970 reveal shocking conditions which still exist , as irrefutable evidence that no attempt has been made in a five year period to comply with the original instructions of the Board of Health for proper maintenance of this property. It was the unanimous view of the Board Members that the petitioner has vio- lated every rule in the City codes and Ordinances relating to plumbing, wiring, means of egress , and sanitation, and that the exterior condition of the structure presents an unsightly appearance; the members further found that the density requirements of the City Zoning Ordinance were in o way complied with in regard to lot area, lot coverage, setback regula- lontions, and further found that to grant this variance would create serious violations of the parking spaces required by the Ordinance particularly in this area of narrow streets and one-way traffic rules, and for these reasons voted unanimously to deny this appeal. APPEAL DENIED CITY OF SALEM - - BOARD OF APPEALS, BY Iif� cam'l� L Acting Secretary l� cur 9 t �hL4V al ` \ ILLIAM F, AaSOTT G JAA1 M. UOUL4tR pp N "SE111 ��. '' JO N M. GH SR. ARTni uR 4L.VIB . OE d4- y MRv EANcuQ1 �AtEGl ELCH. J Hd� 1a y t DECISION ON PETITION OF GEORGE & ROBERT MAGUIRE, TRUSTEES OF ORNE STREET REALTY TRUST FOR A SPECIAL PERMIT TO ELIM- INATE TWO EXISTING OFFICE UN ITS AT 225 LAFAYETTE STREET AND INSTALL IN TOTAL SIX NEW DWELLING UNITS TOGETHER WITH EXISTING UNIT ON THIRD FLOOR. Petitioner by direct appeal through Counselor George P. Vallis appealed to the Board of Appeals for a Special Permit to allow extensive remodel- j ing of an existing building at 225 Lafayette Street , including the addi- tion of three dwelling units to existing four units. A hearing on this appeal was held November 20 , 1972 , pursuant to notices mailed postpaid to the petitioners , their attorney, board members , abutters , abutters to the abutters , and others , and advertisements were duly published in the Salem Evening News , advising of this Public ]Hearing. Board Members present were Chairman John M. Gray, Sr. , Acting Secretary William F. Abbott , Donald Koleman, and Associate member Warren Baughn. • Counselor Vallis appeared and explained the case the same as in the original appeal on file . I Attorney Harold Tobin of 10 Lafayette Place and Arthur Paulo , 16 Lafayette Place , both abutters , appeared in opposition. The zoning District is R-3, Multi-family residential ; the proposed use intends to convert a present building once used as two offices on the first floor and two residential units , one on the second :Ploor. and one on the third floor to a total of seven residential units in all . No hardship is shown; a Special Permit under Section VIII (F) can not be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent and purpose of the Ordinance. By unanimous vote of the Board members present , petitioners were granted Leave to Withdraw. LEAVE TO WITHDRAW. CITY OF SALEM- BOARD OF APPEALS , 301-4:10 (Acting) Secretary 21, y fit# of '�$tt1Pm, 3 Peart of appeal WILLIAM R. ABBOTT DECISION ON PETITION OF MR. AND MRS . FRED ABODEELY JAMES H. BOULDER JOSEPH P. DOYLE TO ERECT AN ADDITION AT 285 LAFAYETTE STREET TO JOHN M. GRAY, SR. PROVIDE, AN ADDITIONAL APARTMENT. ARTHUR LABRECQUE EMERY P. TANCH J. NORMAN WELCH, JR. This was a direct appeal to the Board of Appeals , and a hearing was held on this petition on November 29 , 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 at the hearing were William Abbott , James Boulger, John M. Gray, and Arthur Labrecque. Petitioner appeared and explained the case the same as in the original appeal on file ; there were four apartments in the building previously; the variance is required because of lot area , lot width, and side yard setback; the area is zoned for multi-family residences . No one appeared in opposition. The Board members had the facts presented to them and after a carefull study of the petition and plans submitted found that the area is in fact zoned for iulti-family residences , and that such residences are predominant in the area ; and further found that these structures were erected prior to the adoption of the present zoning Ordinance which at the time of its adoption drastically changed zoning regulations with regard to the density requirements . The Board found that to grant the variance as requested would relieve hard- ship to the petitioner and allow utilization of the land for purposes in harmony with the Ordinance and which existed at the time of purchase by the petitioner; the Board further found that to grant the variance 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 the variance as requested. VARIANCE GRANTED. CITY OF SALEM - - - BOARD OF APPEALS , •s3vN*H31`;s )4a313 x�a BY Acting Secretary �1, Wo zc i Nil, TO CITY CLERK FEB. 14 2 :12 P.M. 172 S� Ctu of "Sn alPztt, Httssttcllu�e##s e . p Poarb of �kppral WILLIAM F. ABBOTT JAMES H. BOOLGER DECISION ON PETITION OF ORNE STREET REALTY TRUST TO JOSEPH F. OOYLE ERECT A FOUR-UNIT DUPLEX DWELLING ON LAND AT REAR JOHN LABRECOUE OKAY, BR. ARTHUR OF 323 LAFAYETTE STREET. EMERY P. TANCH J. NORMAN WELCH, JR. By direct appeal through Counselor John R. Serafini , petitioner requested that the Board of Appeals grant a variance from the applicable density re- quirements of the City Zoning Ordinance , affecting land at rear of 323 Laf- ayette Street , for the purpose of erecting a duplex dwelling containing four units . A hearing was held on this appeal on January 10, 1972 , pursuant to notices mailed postpaid to the petitioners , their attorney, abutters , Board Members , and others , and advertisements published in the Salem Evening News advising of this Public Hearing. Board Members present at the hearing were James H. Boulger, Arthur E. Lab- recque , Joseph F. Doyle , Secretary, and William F. Abbott who acted as Chairman in the absence of John M. Gray, Sr. ; also unable to attend were associate members Emery P. Tanch and Norman Welch, Jr. Counselor Serafini appeared and introduced evidence to the effect that the building in question would be erected on property owned by the petitioners and was shown on plan entitled "Plan of land in Salem, property of Trustees of the Orne Street Realty Trust , Scale 111=161 , dated November 18 , 1971 , Essex Survey Service , Inc . , 47 Federal Street , Salem, Massachusetts" , and shown as Lot B; that the proposed building complied with the various zoning requirements but that the building did not have frontage on Lafayette Street ; access to said proposed building would be over a right of way twenty (20) feet wide to be used for all purposes of access and utilities ; the rear lot would have its own entrance and exit to Lafayette Street ; it would be a fin- ancial hardship if the land were to remain vacant . No one appeared in opposition. Two days after the hearing, a letter was received at the office of the Appeals Board from an abutter, Mr. Neary, objecting to the construction of the four-unit dwelling) . The Board found as facts that the land is situated in an R-2 district , zoned for two family residences , abutting an R-3 district permitting multi-family residences ; majority of residences in the immediate area are presently occu- pied as multi-family dwellings ; the request as to lot area and lot width was a reasonable one , and in harmony with adjacent land areas containing exist- ing structures , occupied for multi-family use . The land in question is adjacent to a commercial area and there is a general mixture of zoning in the area. I (continued) - z - The Board further found that the right of way access to Lafayette Street as proposed was adequate to service Lot B. On all the facts pertaining to the case the Board agreed that to grant a var- iance: :to permit the construction of four multi-family units on Lot B as shown on the accompanying plan, would not derogate from the intent of the Zoning Ordinance , and that there was a substantial hardship involved on the part of the petitioner as to this land. The Board therefore unanimously voted to grant the requested variance to permit the construction of four multi family units on Lot B. - CITY OF SALEM - BOARD OF APPEAL PETITION GRANTED. BY Secretary, % .121 i. ( . . 1 : 1 , If I , Cs W ,,/ i J r rr 'Avarb of Meal sem_ v r. N o 0 ' Q .►7 m 1'v WILLIAM F. ABBOTT JAMES H. BOULDER JOSEPH P. DOYLE DECISION ON PETITION OF (DR. ) ANTHONY J. KONDON TO INSTALL JOHN M. GRAY, SR. A ONE-CHAIR DENTAL OPERATORY AT 1 LAFAYETTE PLACE, ASKING ARTHUR LABRECOUE THAT THE BOARD GRANT A SPECIAL PERMIT TO CONDUCT SUCH HOME EMERY P. TANCH J. NORMAN WELCH, JR. OCCUPATION. The Inspector of Buildings refused to issue a permit to alter the premises at 1 Lafayette Place to provide for a home occupation, conducting a one-chair dental operatory. Petitioner appealed to the Board of Appeals , and a hearing was held on this appeal on February 28 , 1972 , pursuant 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. In addition to Chairman John M. Gray, Sr. , Board Members present were James H. Boulger, Sr. , Arthur E. Labrecque , and William F. Abbott who was acting secretary of this hearing in the absence of Joseph F. Doyle ; also unable to be present were Associate Members Emery P. Tanch and J. Norman Welch, Jr. Dr. Kondon appeared and explained the petition, the same as in the original appeal on file ; he has been conducting his business for twenty-seven years at the same location, in the Salem Five Cents Savings Bank Building; the Bank is expanding its facilities and advised Dr. Kondon and others to va- cate the premises as the areas presently occupied by these tenants will be required for the needs of the Bank; Dr. Kondon has been unsuccessful in locating a suitable downton location for his office , and requests that the Board grant him a Special Permit to conduct this business in his home . Appearing in favor of granting this appeal were Mrs. Kondon, Councillor Jean Levesque, and James E. Connolly who is also a dentist . No one appeared in opposition. The Board members had the facts presented to them, and after a careful study of the petition and plans submitted, found that the area is in fact zoned for multi-family residences ; that petitioner' s dwelling is occupied exclusively by his family; the Board further found that occupancy in many dwellings in the vicinity includes home occupations by various physicians and dentists . The Board Members voted unanimously to grant a Special Permit to the peti- tioner to conduct said home occupation in his home as requested. APPEAL GRANTED CITYY OF SALEM - BOARD OF APPEALS ., BY Acting Se retary (IT fl of GD `...>�<s� / Y curof i' b n11 MAY (.y I 28 ' ct fi Ptt1 CIT rFiCE WILLIAM F. ABBOTT SALcM.` S ' - § SION ON PETITION FOR SPECIAL PERMIT TO INSTALL JAMES H. BOULDER JOSEPH F. DOYLE SWINIMING POOL. JOHN M. GRAY, SR. ARTHUR LABRECOUE PETITIONER - - PAUL TUTTLE, EMERY P. TANCH - 11 LARCHMONT ROAD. J. NORMAN WELCH. JR ' A hearing was held on this appeal on May 22, 1972 pursuant to notices mailed postpaid to the petitioner , board members , abutters , and others , and advertisements were duly published in the Salem Evening News , advising of this Public Hearing. .Present at this hearing were Board Members Arthur E. Labrecque , James H. Boulger, J. Norman Welch, Jr. , Chairman John M. Gray, and William F. Abbott who was acting secretary in the absence of Joseph F. Doyle; also unable to be present was associate member Emery P. Tanch. Petitioner appeared and explained the case the same as in the original appeal on file . No one appeared in opposition. The Board members have the facts presented to the meeting, together with a Oof plan showing location of pool , and are of the opinion that a Special rmit 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 said pool as requested, subject to the following C OISDITI ONS : 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 fen-e 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. .. (continued) - 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 decision in the o£fice . of the City Clerk. SPECIAL PERMIT GRANTED WITH CONDITIONS : CITY OF SALEM - - - BOARD OF APPEALS , � 1 (Acting) Secretary v co .r r n T r .- Sr WILLIAM R. A8.0T1 ,�0 `'.•� �/q, JAMSG R. ROULGCR R (,a# fs�Qrt �z$ JOSEPH oGYLE i.. JOHN M, GRAY, SR. �� ylfl y�{{,,yyf``(,, /amu�L�,/,Yy�fj AR'rRUR LARRECOUE 1'•l YK1V Of �`1l MiLNi EMERY V TA.NCH I III J. NORMAN WELCH, JR DECISION ON PETITION OF ISABELLE AND ARMAND JACQUES FOR VARIANCE FROM APPLICABLE DENSITY REEQUIREMENTS OF CITY ZONING ORDINANCE TO PERMIT CONSTRUCTION OF' A GARAGE AT REAR OF 108 LINDEN STREET. By direct appeal petitioner through Counselor Thornton Lallier appealed to the Board of Appeals to vary the applicable terms of the City Zoning Ordinance with regard to lot area and setback :requirements affecting proposed construction of a garage at 108 Linden Street . A hearing was held on this appeal on September 25, 1-972 , pursuant to notices mailed postpaid to the petitioner in care of Attorney Lallier, abutters , abutters to the abutters , board members , and otb.e.rs , and notices duly published in the Salem Evening News advising of this Public Hearing. Counselor Lallier appeared with petitioners and explained the case the same as in the original appeal on file. Appearing in favor of granting this appeal were Mr. Nolseux, a builder, and tenants Mr. and Mrs , Turner. . + The Board took the petition under advisement . No oneappeared in opposi- tion. On October 16 , 1972 , the Board took up the matter of this appeal . Present • were Chairman John M. Gray, Sr. , William F. Abbott who acted as clerk for the meeting, Donald Koleman, Arthur Labrecque , and Associate Member Warren Daughn; unable to attend were Joseph F. Doyle and Associate Member Emery P.. . Tanch. The Board found that the proposed structure would be 24' x 24 ' and would be constructed of concrete block- and having in mind the parking regulations contained in the City Ordinances requiring off-street parking from the month of November through the middle of April , further found that to grant the variance requested would relieve hardship on parking vehicles during this period. With all members in favor, the Board voted to grant the petition as requested. APPEAL GRANTED. CITY OF SALEM - - BOARD OF APPEALS, BY (Acting) Secretary n,1 � A^ ct >- Ln - W. `0 .-� ti N ay' convI of %5"aIrm, Ittss c �z�r##s JAN 13 11 og AV,, T Pnttrb of Ayyral CITY CLERK`S OFFICE JANUARY 18, 1972 WILLIAM F. ABBOTT SALEM. MASS, JAMES H. BOULGER JOSEPH F. COYLE JOHN M. GRA., BR. DECISION ON PETITION OF ROSE I. BAKER TO ERECT A TWO-STORY ARTHUR LABRECOUE \ EMERY P. TANCH PROFESSIONAL OFFICE BUILDING AT 564 LORING AVENUE. J. NORMAN WELCH, JR. The Inspector of Buildings refused to issue a permit to erect a two-story _ professional office building at 564 Loring Avenue, located in a B-2 zoning district, because the plans submitted with the application showed a lot area of 5100} square feet with a fifty foot frontage. The City Zoning Ordinance requires a 12,000 square foot lot area with a 100-foot frontage. The petitioner through her attorney, George P. Vallis, appealed to the Board of Appeals for a variance from the application of the Zoning Ordinance , and asked that the Board vary the terms of the density regulations affecting lot area and lot width of the City Zoning Ordinance. A hearing was held on this appeal on January 10, 1972, pursuant to notices mailed postpaid to the petitioner, her attorney, abutters, Board members, and others, and advertisements were duly published in the Salem Evening News on December 24 and 27, 1971, advising of this public hearing. ttending the meeting were Board members William F. Abbott , James H. Boulger, Joseph F. Doyle , and Arthur Labrecque. Mr. Vallis appeared for the petitioner, and explained that the land on which the proposed building is to be erected was located in a B-2 district which specifically prohibits residential use. It was further explained that a dwelling house was formerly located on said lot which was demolished a few years ago due to a fire. It was pointed out to the Board that the petitioner owned no other land abutting said property and that as a result of the Zoning Ordinance , she was being subjected to a severe hardship because of the fact that her undersized lot could not meet the present density requirements of the Zoning Ordinance. The plans sub- mitted with the application showed the location of a two-story professional office building containing four offices , and it was pointed out that the pe- titioner had made every attempt to conform with every other Zoning ordinance regulation including front, side and rear yard setback requirements, and parking requirements. Attorney Maurice Chouinard, representing the Loring Hills Associates, abut- ters to the property, appeared in opposition to the petition, stating that the request for the variance was unreasonable and that the location of such a building would adversely affect the value of his client' s abutting -land, and further suggested that the land be used for the purpose of constructing a dwelling house. - 2 After studying the facts presented in this case, the Board found that grant 'Wing the variance would alleviate hardship to the petitioner in view of the fact that she was required to pay taxes on the property without being able to add improvements thereon without violating the density regulations of the Zoning Ordinance. The Board felt that the purpose of the Zoning Ordinance was not to unreasonably restrict an owner' s use of the land so long as the granting of the variance was in harmony with the purpose and intent of the Zoning Ordinance. The Board found that with respect to this particular par- cel of land owing to conditions specially affecting such parcel desirable relief could be granted without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance, and for these reasons, voted - unanimously to grant the variance as requested. VARIANCE GRANTED. CITY OF SALEM - - BOARD OF APPEALS BY r ?ret ,✓ Secretary � _U Z 42 ii N CD 7 h _�W 7 V Qait2 a6 Falm ' �ffl S. sBar4uuItz JOHN M'CRi Y,L S. '. \ yt ) YIiLY EACRY V. i 4 i Vf e J. 'JJ hiu l_N EL lli DECISION ON PETITION OF JOEL H. GREENSTEIN, J. G. CONSTRUCTION COMY .NY, INC . , THAT A VARIANCE BE GRANTED SO AS TO PERMIT TTI; CONSTRUCTION OF A 24-UNIT APARTMENT BUILDING ON A PARCEL OF LAND SITUATED AT THE JUNCTION OF LORING AVENUE AND PARADISE ROAD. , This is a direct appeal by petitioner Joel Greenstein who has under an agree- ment of purchase , a parcel of land situated at the junction of Loring Avenue and Paradise Road, adjacent to the Vinnin Square shopping center. The petitioner requests a variance from the Zoning Ordinance to erect a four- story brick, 24-unit apartment building. The' lot in question is in an R-1 district „ zoned for single family residences , althoughadjacent to a B-2 , Highway Business district . After public hearing held on November 20 , 1972 , in accordance with Section 17 of Chapter 40A, at which time this Board heard from Counsel for the petitioner, members of the general public in favor of granting of a variance and those opposed, the Board finds the following: I The lot in question is located within an R-1 district , generally reserved fo:r single family residences ; , there is presently on the lot a single fam- POMW �Ik house occupied by the prospective sellers of the property; there appears to be no substantial hardship either financial or otherwise relating to -the I ownership of the property in question; the subject lot is just inside the R-1 district and the immediate neighborhood within. the R-1 district has a high rate of conformity, consisting of single family homes. Accordingly the Board finds that a variance from. the terms of the Ordf a: ( can not be granted without substantial detriment to the public good and without substantially derogating from the intent of the District or the purposes of the Ordinance . By unanimous vote the Members present voted to deny this appeal. Board Members present were Chairman John M. Gray, Sr. , Acting Secretary William F. Abbott , Donald Koleman and Warren Baughn. APPEAL ,DENIED UJ CITY OF SALEM - - BOARD OF APPEALS, �.n Q LLJ BYEY u".1 l.'- ® h 4r (Acting) Secretary � t "' v �1 s IA MES 1 OOl L'.F.A oflll/// afem1 `��J.{% azz551L4�L zelts JOSEPH F, UOYLE `5N M. GRAY 'i R. (iji�� qy \(g �Y'{r y}r^y A-TRQq LARIECOVL 9trarb o �kpj ral EMERY V. TAl3 S \ ` ` 1 J NOH N. FL CI-I, JR \�® / DECISION ON PETITIOf OF WILLIAM D. LITTLE TO ERECT A SINGLE FAMILY WOOD FRAr1E DWELLING AT LOT #40 LOVETT STREET. Petitioner through Counselor Robert D. Bowes appealed directly to the Board of Appeals for a variance from the applicable terms of the City Zoning Ordin- aDce affecting lot area and lot width requirements with regard to Lot i#40 . Lovett Street . A hearing was held on this appeal on September 25 , 1972, pursuant to notices mailed postpaid to the petitioner in care of Counselor Bowes , abutters , abutters to the abutters , Board Members,, and ofheirs , and advertisements were duly published in the Salem Evening News advising of this Public Hearing. Petitioner appeared with Counselor Jacob Segal; the case was explained to the Board, the same as in the original appeal on file ; it was pointed out that the land in question is an isolated lot and could not be built upon for a, single family dwelling without varying the terms of the City' Zoning Ordinance ; it was further pointed out that this constitutes an unnec- essary hardship on the land. Oumerous residents , including abutters , appeared in opposition to this appeal -ir_g granted because of the density problems . The Board was of the general opinion that this matter warranted. further study, and postponed making a decision on this appeal until the members had an opportunity to review all of the facts presented. At the next meeting of the Board, held on October 3, 1972, Board Members pTresent in addition to Chairman John M. Gray, Sr. , included William F. Abbott who acted as clerk for the meeting in the absence of Joseph F. Doyle , Donald. Koleman, Arthur Labrecque , and Associate Member Warren Baughn; also unable to ,attend was .Associate Member. Emery P. Tanch. The members voted unanimously to grant Petitioner leave to withdraw without prejudice . LEAVE TO WITHDRAW WITHOUT .PREJUDICE. c.! LU 2 CITY OF SALEM - - BOARD OF APPEALS , , co Acting Sec etary °sem .1lU i X � Lrt of � Iaknl � var U{ CAyp?al t C? � 'NILLIAM . APBGTT ~ C. JA u.=s v- eo�Lc ea y� JOS-°" F, 111LE DECISION ON PETITION OF SALEM ACRES , INC. FOR S41�C%'L ART„NA ,_APaB�u�P PERMIT FOR REMOVAL OF TOPSOIL FROM LAND LOCATEI 'OFF_ PMBa< P. TANcn MARLBORO ROAD J. NOii\!.1N WELC M, Ja. 'f y C r+l (n The petitioner , Salem Acres , Inc. , through its Attorney, George -L vallis, appeared directly to the Board of Appeals for a Special Permit tits emit the removal of topsoil from a certain parcel of land shown as Lot 2 , Marl- boro Road on a plan which was submitted to the Board. A hearing was held on this petition on August 28 , 1972 , pursuant to notices mailed to the petitioner, its attorney, abutters , abutters to abutters , board members and others and advertisements were duly published in the Salem Evening News advising of this public hearing on August 11 and 14 , 1972. In addition to Chairman John M. Gray, Sr. , members attending this hearing were Wil Lam F. Abbott, who acted as clerk in the absence of Joseph F. Doyle , Donald Koleman and Associate Member, Warren Baughn. Unable to attend were Arthur Lebrecque and Associate Member Emery P. Tanch. Mr. Wallis explained that his client desired to remove some topsoil, which •emoval was incidental in the use of othar land owned by the petitioner located in the Witchcraft Heights Subdivision area. The request by the petitioner is met in accordance with Section VII (f) of the zoning ordinance. It was explained that land on Marlboro Road was also owned by the petitioner and that the removal operation would bea temporary one. Ward Yazd Counselor, James Hosman, appeared in opposition as did some of the abutters to Lot 2. Their basis for opposition was that the removal operation would present a drainage hazard to the abutters along Marlboro Road. After some discussion between Mr. Vallis and the opponents to the petition, it was agreed that a request would be made of the City Engineer for his opinion as to the potential hazard of such a removal operation. On September 28 , 1972 , the Board of Appeals received from Ralph W. Tedford, Engineer for the City of Salem, a letter stating that the area shown on an attached plan did not in his opinion present a drainage hazard to the abutters along Marlboro Road. After studying all the facts presented in this case, the Board found that the removal operation as requested by the petitioner would not be seriously detri- mental to the neighborhood and that a special permit could be granted without -nullifying or substantially derogating from the intent and purpose of the zon- ing ordinance provided that such removal operation was limited to the area of otentiai borrow as outlined by the City Engineer on the plan attached hereto 01-id made a part of this decision. The Board, by unanimous decision, voted to p J� i" -2- grant the special permit as requested subject to the following conditions , namely- 1. That the removal operation shall not be performed outside of the area of potential borrow as outlined on a plan prepared by the City. Engineer and attached hereto. 2 . That removal operations shall not be performed closer than three hundred feet to a public road or to any existing dwelling, school. or park. 3. That at no time shall the removal operations cause any ground water or surface water to accumulate. 4. That removal operations shall not be exercised beyond the property lines. 5 . That when the removal is discontinued, the earth shall be reshaped to reduce the disfigurement of the land with a maximum allowable slope of 20% . 5 . That in case of topsoil removal, the area shall be seeded and maintained • until plant cover is well established. SPECIAL PERMIT GRANTED. BOARD OF APPEALS ByAl Secretary n J rnr 3 ti M n c m; N C p . �.CONOIT,(A- p z q Cri#g of �alent, gassadrueethi ; T aAsnl�1Ne ape PPllrirttttent of 1llblir Works RALPH W. TEDFORD CITY ENGINEER September 28 , 1972 Mr. George Vallis Salem Acres , Inc. 70 Washington Street Salem , Massachusetts Dear Mr. Vallis : The area shown on the attached plan does not in my opinion present a drainage hazard to the abutters along Marlborough Road. • Yours very truly, Ralph° W. TedfordJ?2�� City Engineer RWT/jiz Enc : 1 .i. rw. . e :a � :-'S'^ ii {Etb x n 1.yc;, e�' : r a x �{yc '>•. ? 2 nl 1,4 t ZDT., �f ` s5'y �f AcRSS f 34 FSS I .'"..T�i ,.p uih f� — ♦£ { t C Y 'Y F x v .v ! d � \k� c✓ T w$1 ic^t cSf�LFP¢' ACES CITYv� y' Lou- 312.'7/Z AGRZr5 / J kt i R i SAli ( fiC�ES TUC 3 R° Aj TO ALr fo RES wC. x e 44, 'All ��. Aim✓,9c�w i y y '4 �a1�\ t. �i v� 3 Kw �p §4 n, w.. re a a` i�. n ,' • fld 3 qj sf .(W.I7' .in•., Bio �yi F art a•ES H. u01Ek JOSEPH r c E- - RECEIVED Y f:3+IISeT� Y l D 3Nr F.IEOr 4 1 .•. "O aro,. '(] t fjTal l UiG t�'S Berl ICE PETITION PRESENTED BY Sl?;,.EM ACRES, INC. . FOR SPECIAL, PERMIT FOR THE REMOVAL OF GRAVEL AND TOPSOIL ON PETITIONER& LAND OFF MARL20ROUGH ROAD. At a regularly scheduled hearing of the Appeals Board, held on. July 10, 1972, Counselor. George P. Vallis , representing Salem Acres, Inc. , requested and was granted Leave to Withdraw Without Prejudice the petition referred to above. LEAVE TO 1,,TITIiDRAI, WITHOUT PREJUDICE. CITY OF SALEM m - BOARD OF APPEALS, BY _ "� � I • k �l,t..;.�'01 - WILLIAM F. ABBOTT JAMES P. OOVLGER ['jr('� 1/ {( JOSEVR F. .OYLE ftF CCTV CO IIs`C�.PIIt' /VN iSA ✓LS� JJ Li JOHN $P. "�'J "PNN 77 lllV/// {{����{{yy �} ` y,�/�yN� ARf PUR LARRECQJE jI PIl B�b {W YN1� Yf �FFv11 CMEOV G. TANCM Dr'f / 1. 1 I J. NORMAN G C1OFFICE V9Tj43TSS)N PETITION OF MATISLAW SZPAK FOR A SPECIAL PERMIT TO INSTALL A SWIMMING POOL AT 114 PLEMORIAL DRIVE. In accordance with Section VII, Par. J. of the City of Salem Zoning Ordin- ance , petitioner appealed to the Board of Appeals for a Special Permit to install a swimming pool . i I A hearing was held on this appeal on November 20, 1972 , pursuant to notices mailed postpaid to the petitioner, board members , abutters , abutters to the abutters , and others , and advertisements were duly published in. the Salem Evening News , advising of this Public Hearing. In addition to Board Chairman John M. Gray, Sr. , members present were Donald Koleman, Warren Baughm, and William F. Abbott'. Petitioner appeared I and explained the case the same as in the original appeal on file. Coun- cillor George Nowak appeared with petitioner to be recorded in favor of granting this appeal. No one appeared in opposition. ` The Board .members have the facts presented to the meeting, together with a plot plan showing location of proposed pool on lot , and are of the opinion that a Special Permit for which application is made is in harmony with the urpose and intent of the Ordinance„ and should be granted. •p 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 the 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 of the City of Salem Building (BOCA) 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. 2 Pool shall be constructed of materials that will provide a structurally sound and tight tank with impervious surfaces that are easily cleaned. f' ,I 6. No swimming pool or appurtenances thereto shall be installed or altered until a building permit has been obtained from the Building Inspector j, who who may issue such permit 21 days after the date stamped on this decis- ion in the office of the City Clerk. i i i i i SPECIAL PERMIT GRANTED WITH CONDITIONS . i cpm., w CITY OF SALEM[ - - - BOARD OF APPEALS, j oy ; BY c ` g r1J (Acting) Secretary ;� i avnit. WILLIAM-f, gBPOTT .P .'AVE. H. BOVLGER F THU Sf �Ulera ������������ ODVLP p JOSEPH F 1}I �1 / JDHN M GNq V, IN. ARTHUEME.1 L1ANECDVL f,y, ,tt r narb o 4r2A J NOR I. TgNCN V 11 )j,,li J, NORMAN WEI.0 II, JN, f �f'c lam�v2" DECISION ON PETITION OF ALBERT KRAUSE FOR VARIANCE FROM APPLICABLE DENSITY REQUIREMENTS OF THE CITY ZONING CRDIN- ANCE WITH REGARD TO LOT AREA, LOT WIDTH, FRONT, SIDE, AND REAR YARD SETBACKS, AFFECTING LOTS A, B, AND C AS SHOWN ON PLAN OF 30 MOFFATT ROAD. Petitioner by direct appeal through Counselor John R. Serafini ; appealed to the Board of Appeals for a variance from the applicable terms of the City Zoning Ordinance with regard to land at 30 Moffatt Road and existing structures thereon. A hearing was held on this appeal on August 28 , 1972 , pursuant to notices mailed postpaid to the petitioner in care of his attorney, abutters , abut- ters to the abutters , Board Members , and others , and advertisements were duly published in the Salem Evening News , advising of this Public Hearing. Present at this hearing were Chairman John M. Gray, Sr. , William F. Abbott who acted as clerk for the meeting, Donald Koleman, Arthur Labrecque and Associate Member Warren Baughn; unable to attend were Joseph F. Doyle and Associate Member Emery P. Tanch. Petitioner appeared with Counselor Serafini who explained the case the same as in the original appeal on file; petitioner with his sister is the ' • owner of an undivided one:-half interest of the land together with the build- ings thereon, consisting of a duplex dwelling house and two-car garage ; he and his sister have agreed to a division of the dwelling and the garage, and the petitioner has a customer for the purchase of his one-half interest ; petitioner' s sister will continue to reside in the premises and will become the owner of Lot A and Lot C ; petitioner" will become the owner of Lot B; Lot A and Lot C will continue tnder .one ownership ; in order to effect a transfer of his one-half interest of the dwelling house and garage, peti- tioner requires a variance from the applicable terms of the City Zoning Ordinance with regard to lot area, lot width, and front , side and .rear ' yard setbacks. No one appeared in opposition. After a thorough study of the plan presented showing the proposed division of the land and buildings., the members found that such division would create three nonconforming lots , all undersize , and voted unanimously_ to deny this appeal. APPEAL DENIED. CITY OF SALEM - BOARD OF APPEALS ,, BYQk " ®t " v .w - Acting Secretary V p :L oFn LLI CO .n4 LA $ A4 �� �,DDNI)lTq- '' �O Qlbli# of U1emttstl#xz$E##s Poarb of �kppral AeR i ti .5 39 i H °71 CITY G .tRK'S UFFICE WILLIAM F. ABBOTT DECISION ON PETITION OF WERNER W. ALETTER,WW WS. JAMES H. BOULDER JOSEPH F. DOYLE WERNER' S AUTO SERVICE TO ERECT AN ADDITION AND TO JOHN M. DRAY, BR. ALTER PREMISES AT 83-85 NORTH STREET TO PROVIDE A ARTHUR LABRECOUE SHOWROOM FOR AUTOMOBILES. EMERY P. TANCH J. NORMAN WELCH. JR. The Inspector of Buildings refused to issue a permit to erect an addition and alter existing premises at 83-85 North Street as the plan submitted indicated nonconformity with the setback requirements of the City Zoning Ordinance . Petitioner appealed to the Board of Appeals to vary the applicable terms of the Ordinance, and a hearing was held on this appeal on March 27, 1972 , pur- suant to notices mailed postpaid to the petitioner, abutters , board members , and others , and advertisements were duly published in the Salem Evening News , advising . of this public hearing. In addition to Chairman John M. Gray, Sr. , Board Members present at this hear- ing were Arthur Labrecque , J. Norman Welch, Jr. , and William F. Abbott who acted as secretary in the absence of Joseph F. Doyle ; also unable to be pres-. ent were Board Member James Boulger and Associate Member Emery Tanch. Petitioner appeared and explained the plan the same as in the original appeal on file ; he has an opportunity to increase his business as a distributor for a new line of automobiles ; without this additional space for showroom and future service , this would not be possible and would definitely constitute a hardship; the new showroom addition will be attractive and enhance the sur- rounding area. No one appeared in opposition. The Board found as facts that the B-1 zone did divide the parcel of land in question into two zones so that the rear portion of the parcel is zoned for Industrial purposes ; the Board found further that the existing use is compat- ible with related uses in the area which consist of commercial enterprises including a paint store , a gasoline service station, a leather shop and a construction business. The Board carefully considered all the evidence and its findings and facts , and made its conclusion that the granting of this request for a variance would not derogate from the intent of the zoning ordinance and that not to grant this variance would impose a substantial hardship on the Petitioner as it pertained to this particular parcel of land in question. The Board having heard all the evidence and after due consideration and discussion, unanimously voted to grant the variance as requested. APPEAL GRANTED. CITY OF SALEM - - - BOARD OF APPEALS , BY , (Acting) Secretary 1 �3 y(q` 1[��TY)by y(y ?'� y gip- �± .AM H B . [h ,l ( l�Qjj rill /S inleSLS� 7✓ JOHN a.., cAV. tie. r f' It} of yy�� UG i ' l� 44 Pvnr� o1 � l eaf +irr`1 b+jx+iG'v Asj:[�r+r�{�V 01 GEORGE A. 1iIiP1' il "OR V.:1RI'TvCF T. ERM!r 4Y M Oil OF AN ADDITION TO AN EXISTING STPUC­ TURA? AT 106 N t?TFi STR7=. By direct appeal through Counselor John R. Serafini, petitioner requested that the Board of Appeals grant a variance from the applicable density regnIati-ons of the City Zoning Ordinance so as to permit construction of an addition to an existing structure at 106 North Street. A hearing was held on this appeal on July 10, 1972, pursuant to notices mailed postpaid to the petitioner, his attorney, abutters , board members , and others, and advertisements duly published in the Salem Evening News , advising of this Public Hearing. Counselor Serafini appeared at the hearing and introduced evidence that the presently conducted business of the Petitioner is that of a real estate and insurance business in an office building situated at said 11106 North Street; that the area in questi.en is :toned B-1 , Neighborhood BusineLSs, and is surrounded by various commercial establishments, so that the area itself, is predominantly commercial in nature ; that the extension of the present building order :for the Peti- tioner to adequately conduct his business and service his customers ; that ample parking, serviced by the Petitioner, is provided for his customers ; that the addition to the present building would in no way materially affect the area, or create any detriment to any of the surrounding properties ; that the proposed addition would still permit retention of :substantial area for parking, and that traffic would not be impeded in any direction. Board Members present at this hearing were Chairman John M. Gray, Sr. , J. Norman Welch, Jr. , ,Arthur E. Inbrer_.que, and William F. .Abbott, who y acted as secretary for the meeting in the absence of Joseph F. Doyle; also unable to attend was associate member Emery P. TAnch. Ward VI Councillor George McCabe and Ward I Councillor George Nowak appeared in favor of granting this petition. No one appeared in opposition. _'he Board members considered the evidence presented to the nearing; to be permitted to increase the size of his present office building to pro- vide for adequately se:m-icing his customers, petitioner, requires a var- iance .from the density regulations of the City Zoning Ordinance with regard to lot area, and side and rear yard setbacks ; the members found that the request was reasonable, and would not derogate from the intent and purpose of the Ordinance as the district is zoned for commercial enterprises common to Neighborhood business; the members further found that not to permit the petitioner to construct the proposed addition. would create an undue hardship in the conduct of his expanding business, 1. +.rd for these reasons, the Board voted unanimously to grant the variance as requested. V RIANCF GRANTED. CITY Or SALEM ROA a Or�APPEALS , BY ti. Secretary �" Ctu of RECF `,T,; ��varb of Appozil As 5 3 01 Ph CITY LJr F ICE AHLI IAM E. AB13DTT ALEM, MASS. LAMES U, ..U1.EE DEC-IS-LON- ON OF' BERNARD AND RMILAND GOLDBEFII� ITEEEIR F .011E TO RF�NTODIi'l- FXI-STING TWO F4N711-Y DWELLING LOCATED AT ' .. . IRAY, SE. 11`j NORTI-T SLRDLT TO PROVTDE TWO ADDITIONAL APARTMENTS . ARTHUR LABEECOUE EMERY P. TANCH � -IEMIN wELGH, �E. Tile Inspector, of 13u ld n,g. l'of'l-Isod to isSLI(I a p(1I'[Ijj t t, alt ,.r an c\ two- 1,;Ilili IN; rlwel I illi', at I I '7 No I,t I I S I I,(,(, I, t, provideI(,(I i t i ons 1. npartwo I I C s ;1 plan subnri (: ted showed a fol, ;) I ('a of U) I I I square i'l," t 1, i f I I 55 fool: the lvi-thin 11 .66 Poet of the side boi-Lu(k.ji-y I. in, u11(j /1 . 8 (,eet of, till' I'l-out boluld;l1w except the Stn:iI:,Iv;1v which i.s 1- 6 feet from the :[cont bOl-trICL-IrAl. The City � Zoning Ord in,"lice requires a 12000 square foot lot area with 100 foot frontage , a 20 foot side yard and a 15 foot front yard whc.ue I'Mili:1-fulli1v occupancy is Permitted . The Petitioners , Ulll'ollgl-j their attorney George P. Val.j [ 5 , appealed to the Board of Appeals for -1 variance f"0111 the application Of tile Zoning Ordinance to provide occLiplllc\, or two additional. dwclli"iig units and asjcc( -1 that the Board of Appeals vai-A tile terms�1-1 -A' - g )IS of "Ic dcuS [ [ r'e�`U-1 �l t j On'� 0 f tile City Zoning 2 Ordinance affecting lot a170U , -lot widtli and Fl.-out and si.de vard distance to the line,-, . wa., Ileld on this I)OtAlLioll on Novemboi, 29 , to Ilot7-ic(,s li'li- led to 010 pec-iriolwl's , Hwil' memboi,,, , ;ill() otjl(,j,s , and ;Id\reT,t-JSU,Ill(,uts wero (JuIv pul) Lislied :in the &II (All News oil J\Jov IIII)e -1.2 and 15 , 1971 . Attending the meeting were Board members John Gr,-,N,, Villiam Abbott , Arthur Labrecque and James Boul.-er. Nr. Vallis appeared for the petitioners , and expl�.iiued that, the building- was Wocated in a B-1 district �,hich permits multi-family C.dwellings . Tt was pointed out that the building was so located on the promises prior to the enactment of the Zoning Ordinaucc and that, the remodeling or the building. I would take place w�i_t,hin the structure and tt-uut no changes � VVo �-r > > - ... F c Lased For the exterior, 11 was Further pointed out that, the Land coy., tni.ned more than ample space For the nacessary tenant pa-rki_ng, It was stated that the grant- ing of the va.rian.ce would ,not result in diminution in the value of surround- ing properties and that the rigid req Ui. rements or the densiLy regulations could be relaxed in view of the fact that it �.ou ld not result in ,irn� ndvcrse offccts or .n any way he dei. r'imentnl i.o the ubuLters or oi.her surroundin," properties . Mr- " lIis Further pointed our. that there Wore nuury multi :farm Ir buildings in the vicinity Or the properLv . Air. Lawrence Pszennv of lag North Street , an abutter, appeared and asked questions relative to parking spaces and the extent of the proposed remodel_-,' ing. t After studying the facts presented in this case , the Board Pound that grant- ing the vnriance would alleviate hardship to the petitioners , and further Found that to grant the variance as requested would in no way derogate from the intent OF the disii,icl; and Would cause no dOW' I mut Lo lho public good , - and Cor 1­11PY0 ensons voted unanimously to grunt We variance , and allow the Petitioners to proceed with alteraLions to the existi.nt;' stri.rcturc at; 117 NorLh street to provide two adeditiona:L apartment"s , in Nr cordance w:it:h the plans submitted . VAR I \NCIs' Gly INTFD. CITY OF SALEM - - HOARD Of APPEALS , .131 'S., (Ac i;-ing) Secretary 3aJa Alta 4 RiJ TO � Y& CONDI of 'Salem, passar4usetts 1 Pourb of A"Cal WILLIAM F. ABBOTT DECISION ON PETITION OF EDWARD FAUSTINO TO REMODEL PORTION OF THIRD FLOOR PREMISES AT 210 NORTH STREET TO PROVIDE AN ADDI- JEB H. B ER TIONAL APARTMENT. JOSEPH F. DOYLOYLE JOHN M. GRAY, SR. ARTHUR LABRECOUE EMERY P. TANCH J. NORMAN WELCH, JR. By direct appeal applicant petitioned the 'Board of Appeals for a variance from the terms of the Zoning Ordinance to permit the remodeling of a portion of the third floor premises at 210 North Street to provide an additional apartment. A hearing was held on this appeal on May 25, 1972 , pursuant to notices mailed postpaid to the petitioner, abutters, Board Members , and others, and advertise- ments were duly published in the Salem Evening News advising of the Public Hearing. Pregent at this hearing were Board Members J. Norman Welch, Jr. , Arthur E. Labrecque, Chairman John M. Gray, Sr. , and William F. Abbott who acted as secretary for the meeting in the absence of Joseph F. Doyle; also unable to be present were James H. Boulger, Sr. , and Associate Member Emery P. Tanch. Petitioner appeared and explained the case the same as in the original appeal i .� on file; he proposes to remodel part of the third floor of a two and one-half story building to provide an additional apartment in an existing two family dwelling; he presently resides on the second floor, and finds it very diffi- cult to meet expenses. Councilor Stephen Salvo appeared in favor; no one appeared in opposition. After a careful study of the facts and plans presented, the Board found that the structure is a two and one-half story wood frame building designed for occupancy by two families; it is located in a two-family residence zone where 3500 square feet of land area is required for each dwelling unit ; this lot contains 4600 square feet in all; petitioner has owned the property for one year; there is no evidence of hardship; it was the general feeling of all of the members that a variance to permit occupancy of a third floor as a third dwelling unit in a structure designed and constructed for occupancy of two dwelling units would violate the intent and purpose of the Ordinance, and would substantially derogate from the public good, the members having in mind the Purposes of the Ordinance as set forth in Section I, i.e. "For the purpose of promoting the health, safety, convenience, morals or welfare of the inhabitants of Salem, the Zoning Regulations and restrictions of this Ordinance, ordained in accord with the provisions of Chapter 40A of the General Laws - - - are designed among other purposes to lessen conges- tion in the streets; ,to conserve health; to secure safety from fire, panic , and other dangers ; to provide adequate light and air; to prevent overcrowd- ing of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; to conserve the-value of land and buildings; to encourage the most appropriate use of land throughout the City; and to pre- serve and increase its amenities" . For these reasons , the Board Members v ted unanimously to den his appeal . APPEAL DENIED CITY OF SALEM - BOARD OF APPEALS, tActingD 9ecretai, f�,GO\DI Chi#g ofttlem, oarb of ral MAY 31 1. l �l 34 J 1 J 7` �GIMNF,�M�+ CITY CLDKIS UFFIC WILLIAM P, ABBOTT DECISION ON PETITION OF ADTIEMARD DiON TO EREWEX KMy TZ�ON JAMES 11 BOULDER TO AN EXISTING DWELLING AT 19 NORTlfLY S'TREGT. JOSEPH V. DOYLE JOHN M. GRAY, SH. ARTHUR LAPRECOIiE EMERY P. l'4Nl;R J. NORMAN WELCH, JH, Petitioner by direct appeal requested that the Bozu,d of Appeals grant a. variance from the applicable density requirements of the City Zon�i.ng O-cdiri- ance to permit au addition to his existing dwelling at 19 Northey Street . The structure is located in an Industrial district lvliicli requires a. a.ot area of 40,000 square .feet and thirty-foot setback., f'vom Ali boitridary lines . A wrn.s held ori this appca1_ on May ;'2 , I97:' , pur.,uanI- to no-tire ❑ini It"I poatpai_d to the peti_ti.oner, abutters , board nundxu's , and other , and ;Itiver- tiScIllent5 were dulypub 1_i_shed in the Salem Nrws , of t-h-is Public Board members present were James IT. Boulger, Arthur E. Labrecque , J. Normari Welch, Jr. , Chairmen John M. Gray, Sr. , and William F. Abbott who acted as secretary to the meeting in the absence of Joseph F. Doyle ; also unable to be present was associate member Emery P. Tanch. Petitioner appeared and explained the case the same as in the original appeal- on file ; he proposes to erect an addition, 11 ' x 30 ' to provide a living room and a den; the district is now zoned for Industrial. purposes and requires a lot area of 40,000 square. feet with thirty-.Coot setbacks from all boundary lines ; petitioner owns three lots of land , totaling 26 ,665 square feet on which two dwellings are presently situated, neither of which conforms with the setback requirements of the Ordinance adopted in 1965 , many years after the erection of both buildings . No one appeared in opposition. The Board was of the general opinion that a hardship to petitioner resulted in the zoning changes adopted in 1965 affecting bis lot areas and setbacks of existing structures , and found that to grant the variance which peUi. bi.oner is now seeking Adould in no way derogate from the, intent and 'purpose of 'Eh.e Ordinance , rind furthcr found that graiti_ug 'tfie va.lr ;Mice as requested world cau,e no detri.iiieut 1:o the public good, and for i:hesc ircasolls , voted unrvi-i-niou.' I to grai-it: this ..ippeal ,to allow peti.i: -over to coastri.ict: an 11 ' s )O ' addi_ti.on tli.e ex:i.sti-ng structure ,it .1.9 Northey Street . VARIANCE GRANTED. CITY OF SALEM - BOARD OF APPEALS By r-- �Acting� Secretary-- 3 Tity of Iem, �css�tc usE#ts _} �. g 1 vafC �S" and= S. p ..P.s WILLIAM F. ABBOTT ^' JAMES H. BOULDER DECISION ON PETITION OF ANNA V. LAMESSA TO ERECT A SINGLE JOSEPH F. DOYLE FAMILY DWELLING AT 76 OCEAN AVENUE, AND ASKING THAT THE JOHN M. GRAY, BR. ARTHUR LABRECOUE BOARD GRANT A VARIANCE WITH REGARD TO LOT AREA AND LOT EMERY P. TANCH WIDTH. J. NORMAN WELCH, JR. Petitioner appealed directly to the Board to grant a variance from the applicable requirements of the City Zoning Ordinance affecting her prop- erty at 76 Ocean Avenue , with regard to lot area and lot frontage . A hearing was held on this appeal on February 28 , 1972 , pursuant 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 dt the hearing were J. Norman Welch, Jr. , Arthur E. Labrecque , James H. Boulger, William F. Abbott (Acting Secretary) , and Chairman John M. Gray, Sr. ; members unable to attend were Joseph F. Doyle , and Associate Member Emery P. Tanch, Jr. I Appearing with the petitioner were Mrs. Tricomi, Miss La rrivee and Mrs. Talbot ; the case was presented to the Board the same as in the original appeal on file ; Mrs. Lamessa is a widow living on a very limited income ; her home is located on a 10, 500 square foot lot of land which is more than she requires for her needs ; she proposes to sell one-half of the land to a prospective buyer,who intends to erecta single family dwelling thereon, which would assist her in supplementing her present income. Joseph P. McKay, Counsel for Mrs. Richards , an abutter, requested that the ' Board allow him some time to have ownership of a portion of the adjoining land determined in order to prevent any dispute over a boundary line. Mr. McKay assured the Members that he would attend to this matter immediately in order to avoid a delay in deciding this case on its merits . d The Board members agreed to withhold a decision until Mr. McKay was satis- fied that there was no infringing on his client ' s rights . s 1 A communication from Counselor McKay on March 8 was received, and all Board ' Members were notified that his client, Mrs . Alma A. Richard had no objection to the granting of the variance requested. The Board Members 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 in no way derogate from the intent and purpose of the Zoning Ordinance , and voted unanimously to grant variance as requested. APPEAL GRANTED CITY OF O�FFSJALEM - BOARD OF APPEAL BY (Actin. cretary -.s 1 Y € .�•cumJ W dfitg of ttlem, 4Hassarhusetts fi paurb of Appeal �GJNQ 6 DECISION ON PETITION OF PETER F. FORTUNATO, JR. , TO INCREASE WILLIAM F. ABBOTT OCCUPANCY FROM FOUR DWELLING UNITS TO FIVE DWELLING UNITS AT JAMES H. BOULGER 13-15 OCEAN TERRACE, IN A SINGLE-FAMILY RESIDENCE ZONE. JOSEPH F. DOYLE 't JOHN M. GRAY, SR, ARTHUR LABRECOUE EMERY P. TANCH J. NORMAN WELCH, JR. Petitioner appealed to the Board, of Appeals, to grant a variance from the requirements of the City Zoning Ordinance applicable to R-1 , single family residence zones, to permit expansion of an existing nonconforming use for the district and allow a fifth apartment in an existing four-apartment structure at 13-15 Ocean Terrace. A hearing was held on this appeal' on June 1 , 1972 , pursuant to notices mailed postpaid to the petitioner, abutters, Board Members, and others, and adver- tisements were duly published in the Salem Evening News advising of this Public Hearing. Board Members present at this hearing were Arthur E. Labrecque, J. Norman Welch, Jr. , Chairman John M. Gray, Sr. , and William F. Abbott who acted as secretary for the meeting in the absence of Joseph F. Doyle; also unable to attend this hearing were James H. Boulger, Sr. , and Associate Member Emery P. Tanch. • Petitioner appeared and explained the case the same as in the original appeal on file; he stated this is an existing four-family dwelling and he proposes to increase occupancy to five dwelling units. Councillor Stephen Salvo appeared for the petitioner. Mr. Freeman E. Morse and Mr. Gerald E. Pressman, both abutters, appeared in opposition to granting this variance. The Board Members carefully reviewed the appeal and plans presented to this meeting; they found that in this single-family residence area, the City Zoning Ordinance requires 3500 square feet of lot area for each dwelling unit; they also found that there presently exist four apartments in this structure and the entire lot area comprises 5664± square feet , and to allow an expansion of such existing nonconforming use would violate the intent and purpose of the City Ordinance , and would substantially increase detriment to the public good, and further found no hardship to petitioner, and for these reasons voted unanimously to deny this appeal, and direct petitioner' s atten- tion to the Purposes of the City Zoning Ordinance as set forth in Section I, i.e. , "For the purpose of promoting the-:health, safety, convenience, morals, or welfare of the inhabitants of Salem, the Zoning Regulations and restric- tions of this Ordinance, ordained in accord with the provisions of Chapter 40A of the General Laws - - are designed among other purposes to `lessen con- gestion in the streets; to conserve health, to secure safety from fire, panic , and other dangers; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to facilitate the ade- quate provision of transportation, water, sewerage, schools, parks, and other l public requirements; to conserve the value of land and buildings; to encourage continued - 2 , i the most appropriate use of land throughout the City; and to preserve and increase its amenities". For these reasons, the Board Members voted unanimously to deny this appeal . APPEAL DENIED IICITY OF SALEM - - BOARD OF APPEALS, ,ni (Acting) Secretary • i ly Ctu II 2T�EtTt� �I882IC li8P 8 Pearb of AppBttI WILLIAM F. ABBOTT JAMES H: BOULDER JOSEPH F. DOYLVLE DECISION ON PETITION OF CECILE CORRIVEAU AND CHARLES JOHN M. GRAY, SR. BERTINI TO RELOCATE A TWO FAMILY DWELLING TO LOT #6 ARTHUR LABRECDOE PARALLEL STREET. EMERY P. TANCH J. NORMAN WELCH, in. By direct appeal through Counselor John R. Serafini , the petitioners requested that the Board of Appeals grant a variance from the applicable density regu- lations of the zoning ordinance of the City of Salem with regard to lot area and rear yard setback, affecting land commonly numbered Lot #6 Parallel Street , so as to permit said lot to be used for a two-family dwelling with dimensions of approximately 30 ' x 441 , as shown on plan accompanying said petition. A hearing was held on this appeal on June 1 , 1972 , at 7 :15 P.M. at 5 Broad Street , pursuant to notices mailed postpaid to the petitioners , their attorney, abutters , Board Members , and others , and advertisements published in the Salem Evening News advising of this Public Hearing. Board Members present were Chairman John M. Gray, Sr. , Arthur E. Labrecque, J. Norman Welch, Jr. , and William F. Abbott who acted as clerk for the meet- ing in the absence of Joseph F. Doyle ; also unable to be present were Board Member James H. Boulger, Sr. , and Associate Member Emery P. Tanc:h. Counselor Serafini appeared at the hearing and stated that the land in ques- tion is located in a two family zone and was so located prior to the adoption of the zoning ordinance of the City as amended in 1969 ; the land is an undersize lot , and that many lots in that area are also undersize and contain - two family dwellings ; the building intended to be placed on the lot is a two family dwelling with dimensions of approximately 30' x 44 ' and the variance is necessary from the density requirements of the Ordinance with particular regard to lot area and rear yard setback; Mr. Serafini further pointed out that not to permit the use of this lot for a two family dwelling would be a hardship relating to the land and applying to the owner of said lot. Several neighbors , being parties of interest , appeared at the hearing; no one appeared in opposition. The Board, after consideration, found on all the evidence that was presented, that to permit the variance requested would in no way derogate from the intent and purpose of the ordinance as it pertains to two-family dwellings and further not to grant the requested variance would be denying the owner of the right to use this area for a two family dwelling a use which was permitted prior to the adoption of the zoning regulations which changed the land re- quirements and setback requirements in the residential districts ; after consideration of all of the facts presented by all of the members present at the hearing it was unanimously voted to grant the variance requested. APPEAL GRANTED CITY OF SALEM - - - BOARD OF APPEALS , TO CITY CLERK - 6 . 132 BY Z"�/iC-( .0-� (Acting) Secretary C t'g of Am, Aassar4use##s tPo4rb of Appeal SA�EN,Mpb� �C7;ANUARY 20, 1972 WILLIAM F. ABBOTT JAMES H. BOULDER JOF. RAY`S JOHNHN M. GRAY, $R, -DECISION ON PETITION OF ANNE AND EDWARD MICHAUD FOR A ARTHUR LABRECOUE SPECIAL PERMIT TO INSTALL A SWIMMING POOL AT 3 RAND ROAD. EMERY P. TANCH J. NORMAN WELCH, JR. A hearing was held on this appeal on January 10, 1972, pursuant to notices mailed postpaid to the petitioner, board members , abutters , and others , and advertisements were duly published in the Salem Evening News, advising of this hearing. Present at this hearing were Board Members William F. Abbott , Acting Chairman; Joseph F. Doyle , Secretary, and James H. Boulger and Arthur E. Labrecque. Unable to be present were Chairman John M. Gray, Sr. , and alternate members Emery P. Tanch and J. Norman Welch, Jr. Petitioner appeared and explained the case the same as in the original ap- peal on file. No one appeared in opposition. 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. 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 Depart- ment and the Zoning Ordinances. 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. 4 I 2 i' 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. -d SPECIAL PER$ST RANTED WITH CONDITIONS: ` 4A y = p 4 .'z CITY OF SALEM - - - BOARD OF APPEALS , ,J UJBYC Secretary v f 11 Ctv of '�5'olem, gassar4usttfs m s Poarb of 'Ayyral WILLIAM F. ABBOTT JAMES H, BOULGER DECISION ON PETITION FOR SPECIAL PERMIT TO INSTALL JOSEPH F. OOYLE SWIMMING POOL - - LUCILLE KALLELIS, 18 RAYMOND ROAD. a JOHN M. GRAY, SR, ARTHUR LABRECOUE EMERY P. TANCH J. NORMAN WELCH, JR, - A hearing was held on this appeal on June 1 , 1972, pursuant to notices mailed postpaid to the petitioner, board members , abutters , and others , and advertisements were duly published in the Salem Evening News , advising of this Public Hearing. Present at this hearing were Board Members Arthur E. Labrecque , J. No Welch, Jr. , John M. Gray, Sr. , Chairman of the Board, and William F. Abbott. _„ who was acting secretary in the absence of Joseph F. Doyle ; also unable -to, be present was Associate Member Emery P. Tanch and Board Member James Bolger. Petitioner appeared and explained the case the same as in the original appeal,' :, on file . No one appeared in opposition. The Board members have the facts presented to the meeting, together with a •of plan showing location of pool , and are of the opinion that a Special ,,ermit for which application is made is in harmony with the purpose and _ intent of the Ordinance , and should be granted. rv, 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 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 lockin;.- 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 below water surface shall be provided for each seventy-five feet of perimeter; fence shall have only one opening, three feet maximum width. (continued) - ��. - 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. SPECIAL PERMIT GRANTED WITH CONDITIONS. CITY OF SALEM - - - BOARD OF APPEALS, ', BY (yJ,�:I.GLe1,NL Q�W _ (Acting) Secretary (To City Clerk June 14, 1972 . ) - WILLIAM F_ ABBOTT JAMES 11. OO ER JOSE VH F fIV YLE COY JOHN M. 4RAv, SR. A ,� ee (r. // 1� A,n1 �} `rt _1 /�(a.'.�• �}1r ARTHUR EABREC000 9JS p� >... fl�V L� I 7� fill { urb Ul 1. PNI EMEHv P. TAf,C H J. NORMAN WLLCH, l CITY Li 'c?:r,' , uFFICE pFCTSTON$NKW,THA1WON OF SPIRO VASILAKOPOULOS FOR A SPFCTAT PPRMTT TO -NST.AT.1, .A SWTMMTNG POOL AT 34 RAYMOND ROAD. Tn accordance with Section VTT, Par. J, of the City of Galem Zoning Ordin- ance , petitioner appealed to the Board of 'repeals for a Special Permit to instill a swimming pool at A hearing was held on this nppea l on Aiigrnst ?:I , 107? , pnrsrnant to notices mailed postpaid to ttie petitioner, board members , ahut:ters , abutters to the abutters , and others , and advertisements were dttly published in the Salem Rveninf*, News , advisinn; of this Pxll) l.ic He,-iri,np7. Tn addition to Board Chairman John. M. Grav, Sr. , members present were Arthur F. Lahrecque , Donald Koleman, Associate member Warren Bauf-hm, and William F. .Abbott who acted as secretary in the absence of Joseph F. Doyle ; Associate member Fmery P. Tanch was also unable to attend . 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 Permi.t for which application is made is in harmony with the purpose and intent of the Ordi.nnnee , and should be granted. By unanimous vote , the Bonrd has therefore voted to grnnt. a Special Permit to install and maintain said pool as requested , subject to the following CONDTTIONS• - - 1 . Bona fide effort made to minimize noise and lights in order to avoid disturbing privacy of the 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_ Taws 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-i`ive feet of perimeter; fence shall have on1v one opening, three feet maximum width. 2 Y` 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 after the date stamped on this decis- ion in the office of the City Clerk. SPECIAL PERMIT GRANTED WITH CONDITIONS. CITY OF SALEM - - - BOARD OP APPEALS. BY 7 . jQj4� (Acting) Secretary . t �3 WILLIAM E. ne Ro*r ,'Q ♦�aJryny��}}1r»j}qROULC[R of /SV{ leraq •O>EaX LJYLE 1 JOHN M GFAY $R. ANSHVc LA21ECOVE f Peart ollApp EMEfaY P igNCH YY ` � J. NORM 1 WEI.'H, JR. DECISION ON PETITION OF WILLIAM M. PANZINI AND EDNA A. PANZINI TO ERECT A SINGLE FAMILY DWELLING ON LOT #7 ROSEDALE AVENUE. Petitioner by direct appeal through Counselors Doyle and Twomey, appealed to the Board of Appeals for a variance from the applicable terms of the City Zoning Ordinance affecting lot area at Lot #7 Rosedale Avenue , and . the rear yard setback requirement affecting a proposed single family dwelling on said lot. A hearing was held on this appeal on September. 25 , 1972, pursuant to notices mailed. postpaid to the petitioners in care of their attorneys , abutters , abutters to the abutters , board members , and others , and advertisements duly published in the Salem Evening News , advising of this public hearing. Counselor Jerome Twomeya for the eared pp petitioners and explained. the case the same as in the original appeal on file ; this is an isolated lot which can not be built on without a variance as to lot size and -rear yard setback requirement; the lot is in harmony with other lots in the immediate area which were built on prior to restrictive changes in the zoning regula- tions adopted in 1965 when lot areas in this district were incDeased to 1000 square feet required from the previous requirement of 5000 square feet. I Mr, and Mrs . Bencal and Mr. and Mrs . Hourihan, owners of abutting proper- ties appeared in favor of granting this appeal. No one appeared in oppo-- si_tion. - The Board took the _matter under advisement for further study. - On October 16 , 1972 with Chairman John M. Gray, Sr. , William F. Abbott , Donald Koleman, Arthur Labrecque and Warren-Baughn present , the Board again reviewed the case. The Board found that this is an isolated lot , and that a variance is re- quired with regard to lot size and rear yard setback requirements of the Zoning Ordinance adopted in 1965 ; the Board further found that the hard- ship lies with the land which could not be utilized without the granting of the variance . By unanimous vote , the Board granted the variance as requested. VARIANCE GRANTED. CITY OF SALEM a BOARD OF APPEALS, SSVW °H316S BY r . 3�lado s:vH �� Ati9 (Acting) Secretary 214 Nd 03A1303a eaunm r. .•eaor: o✓ i u—�\ t� �� �1p^ya {� / gY •fig} Pq q�,y��«.p{y�,1 fr 3'pf TWO v BMWUR f{, 1.!��t.. a.i 3J d+ i18 SS S.j � C3�J73L6Y&fb47•+� dA,ie off v.Fnl } LF ii '9 1 /A T vft �f r a l AUG , I 8 49 fit " fharb of 'Appeal '�� (ATY u . RK'S UNWE PECISS^N$ . i3T 1 CON OF STEVE AND 'T'HE014,4RI POLEMIR iAKOS, TO R?;IOD.EL. FIRST AND SECOND FLOORS OF DWELLING TO PRO- VIDE TWO ADDITIONAL APARTMENTS AT 13 ROSTYN STREET,. Petitioners through their attorney, George P. Vallis, appealed to the Board of Appeals for a special permit to allow two additional apartments in a two and one half story wood frame dwelling at 13 Roslyn Street, xl hearing was held on this appeal on July 10, 1972, pursuant to notices mailed postpaid to the petitioners, their attorney, abutters , board mem- bers , and others and advertisements were duly published in the Salem Evening News advising of this Public Hearing. Board members present were Chairman John M. Gray, Sr. , Arthur E. Labrecque, J. Norman Welch, Jr. , and William F. Abbott who acted as secreta7y in the absence of Joseph F. Doy1e; associate member Emery P. Tanch was also unable to attend. Counselor Vallis appeared and explained the case the same: an in the original petition on file. t was otour;ht out that the property had been purchased by the petitioners n April , and that these are presently three apartments in the s ,ructu n; two additional apartments would increase occupancy to five apartments in a *,Jooden r.tructuree T'ae Board members were of the opinion that the best interests of the City would not be served by increasing occupancy of these premises which would add to the congestion in this heavily populated area of the City, and voted unanimously to deny this appeal.. PP1 Af, DEN.tt D, CITY OF SALEM - _ BOARD OF APPEALS, BY na) Secretary ✓•�' � J ,y ? ♦ R WILLIAM F RBBOTT- IY�S/ fFx R`>`.//+ (N 'AMES N..pOLI1.G2R If � C`-� ���\J% JOSEPH f OOVLE { y F JorIN M. fic(`I, / FnF'' y{/ QIIP - L31 V YA pA!Yy��yJ,Lar EMERY V. 1 INCH o E.II v 5U 11� r 1. 1. I I _ J. NURMAN WFLCN, R DEHd3 Pt0 'L. ION OF SALEM SHOE MANUFACTURING COMPANY TO ERE C AIS A ION TO AN EXISTING FACTORY AT 24 SAUNDERS STREET. Petitioner by direct appeal through Counselor John R. Serafini , requested , that the Board of Appeals grant a variance from the applicable requirements of the City, Zoning Ordinance affecting land at 24 Saunders Street , for the purpose of .extending an already existing building so as to provide for more manufacturing and shipping space . A hearing was held on this . appeal. on September 25 , 1972 , pursuant to notices mailed postpaid to the,-petitioners , their attorney, abutters , abutters to the abutters , Board Members , and:others , . and advertisements duly published in the Salem Evening News advising of this Public Blearing. Counselor Serafini appeared and introduced evidence to the effect th.at' ,be area in question abutted the Boston and Maine Railroad tracks an.d,. the North '. River on one boundary,' and was situated at the end of a dead-end street ;'` .that the business of the applicant was the manufacture of shoes and that a considerable number of people in the area were employed in its manufacturing-, operations ; it was further. polnted out that over, the years , it had become increasingly difficult to economically run it.s business without expanding its present facilities . Mr. Serafini stated that prior to the zoning • changes in .1969 , the factory was in existence and manufacturing operations i;ere conducted on the entire parcel of property, including the area on, which the proposed expansion was to take place . The Members ' attention was directed to .the fact that the expansion requested would extend ,the building towards the river side so as to provide for addi- tional man.ufacturing .area; evidence was also introduced as to the parking arrangements and parking facilities and to .the relationship that the company had with the neighboring people in this area. Several people appeared at the hearing, but .upon questioning,. it turned out only one person., "Mr. Richard Cash, '.was actually opposed, the others . ,being satisfied that .`.the proposed expansion would riot materially affect 4them, being on the water side . Since the ;area in question , is `in ,the -vicinity of the proposed roadway, the City Planner, Mr. Gregory Senko , °was present and advised the Board that he had consulted with the Petitioners and with State Offici.als , , and it was determined that the proposed expansion would not ` interfere with .the progress of the proposed roadway. R . -The Board Members took the matter under advisement until the next Board. ' gleeting, . October 3 , .'1972. At this meeting, in addition to the Chairman., John M. Gray, .Sr. , members ..present included William P`. Abbott who acted as secre- tary in the absence 'of;'Joseph F.. Doyle ,:Donald Koleman, Arthur Labrecque, . and Associate Member .Warre.n .Baughn also unable to 'attend this meeting was Associate Member Emery,P._ Tanch. ' On all the evidence presented, the Board found that the variances, requested;:^ were necessary as the 'lot. in question does not have- suffi.cient. area to com-- ply with the .existing ., zoning requirements , and found also that the proposed :. expansion would not materially affect the nei=;hhorhood in general which. is i 2 comprised of ni=erous types of businesses and older two- family residences , and further, that the proposed expansion on the river side was away from any residences , also , adequate parking would be provided and the City of Salem would derive a certain economic benefit from the .expansion. The Board Members were of the general opinion that not to grant the request- ed variances would impose a severe hardship on the Petitioners , that the ex- pansion of the facilities of this long-established business would, in. n.o way derogate from the intent and purpose of the Ordinance nor would such. expan- sion. be detrimental to the public good, and for these reasons , voted unan.- imously to grant the variances requested with the following conditions 1 . That the parking area -be surfaced with the customary hot topping. , 2. A fence be installed on the Cross Street side of the premises , no fence on the Saunders. Street side. APPEAL GRANTED WITH CONDITIONS . . CITY OF SALEM BOARD OF APPEALS , , e o BY a. (Acting) Secretary Ui vi ti :u _< Li uUj ? C4 V . t lip. o IIflP:az, Fluc�tLisPT Y 127 ;P1 '1Z u r;1 of cZ Vpjeaj CITY _i i*:.'S OFFICE W14LIAM P. ABBOTT SALEM, M ISION ON PETITION FOR SPECIAL PERMIT TO INSTALL JAMES H. BOULGER JOSEPH P. OOYLE SWIM14ING POOL. JOHN M. GRAY, SR. ARTHUR.LASRECOUE PETITIONER - - THOMAS WALSH, 9 SCOTIA STREET. EMERY P. TANCH J. NORMAN WELCH, JR. , A hearing was held on this appeal on May 22, 1972 , pursuant to notices mailed postpaid to the petitioner ; board members , abutters , and others , and advertisements were duly published in the Salem Evening News , advising of this Public Hearing. 1. Present at this hearing were Board 'Members James H. Boulger, Arthur Labrecque , Chairman John M. Gray, Sr. , William F. Abbott who was acting clerk for the meeting in the absence of Joseph F. Doyle ; unable to attend were Associate Members Emery P. Tanch, and J. Norman Welch, Jr. . Petitioner appeared and explained the case the same as in the original appeal on file . No one appeared in opposition. The Board members have the facts presented to the meeting, together with a Oof plan showing location of pool , and are of the opinion that a Special rwit 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 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 fen- � 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 on_v one opening, three feet maximum :width. • (continued) r , ` 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. SPECIAL PERMIT GRANTED WITH CONDITIONS : CITY OF SALEM - - - BOARD OF APPEALS, (Acting) Secretary art—r CT-) _- if t ' ality of tIIE2It� MSB�tC LtSE S WILLIAM F. ABBOTT JAMES H. ROULGER DECISION ON PETITION OF JOHN H. XARRAS TO CONVERT EXIST- JOSEPH F. OOYLE ING SINGLE FAMILY DWELLING AT 30 SILVER STREET INTO A JOHN M. ARTHUR LABRECOUE TWO-FAMILY DWELLING. LARRE EMERY P. TANCH J. NORMAN WELCH, JR. The Inspector of Buildings refused to issue a permit to alter an existing single family dwelling to provide two apartments at 30 Silver Street , as such would be a violation of the density requirements of the City Zoning Ordinance . The plot plan submitted showed a lot containing 4510 square feet of land and a 58.82 ' frontage ; the Ordinance requires a lot area of 7000 square feet and sixty foot frontage . Petitioner appealed to the Board of Appeals to vary the applicable terms of the density requirements of the City Zoning Ordinance, and a hearing was held on this appeal on February 28 , 1972 , pursuant to notices mailed postpaid to the petitioner, abutters, Board Members , and others , and advertisements pub- lished in the Salem Evening News , advising of this Public Hearing. In addition to Chairman John M. Gray, Sr. , Board Members present were James Boulger, Arthur E. Labrecque , and William F. Abbott who was acting secre- .,ry in the absence of Joseph F. Doyle , Sr. ; also unable to be present were Associate members Emery P. Tanch and Norman Welch, Jr. Mrs. Xarras was present at the hearing with Mrs. Famillis not an abutter) . She stated her two daughters will be occupants of the structure . No ohe appeamedrsn opposition. After a careful study of the petition and plans submitted the Board Members found that the area is zoned for two-family dwellings , and .very- few oftthe existing dwellings conform to the present zoning ordinance requirements with regard to lot area, frontage, and setbacks from boundary lines ; the Board felt it was a reasonable request , and further found that to grant a variance to convert this single family dwelling to provide two apartments would not derogate from the intent and purpose of the Ordinance and would not be detri- mental to the public good, and for these reasons , voted unanimously to grant the appeal as requested. APPEAL GRANTED. CITY OF SALEM - - BOARD)) OF APPEALS , 'SSV144N31VS BY g,yy313 A119 Acting Secretary " • � Cl1 tiR,L� (J ,/ (��//���� ` �Ay}}{ �{'{. y!/ y�iy{'u14 1� 9T� 9'I LL1AM F. nF19 p"!T + nE{v E'v EO to of 'Sak 6' ' a5sar jnutA .IA MES H. [30 VLGER (((/// JOSEPH F. pC l[ JOHN M. GRA IH.. ryryyy�� (``(}} ,}',r }� ARTHUR LASHECOUE t •�\\ YCi 1 �l}T (/j�j''Y)$MN�Y V�. A}�/�yµL [MERY P. !AN H Dfc i � 5 i� PH '7Z ` � j j J. NVRM , JR CITY CL 'FTN StaL�0 'F N N PETITION OF EDWARD ROMAN FOR A SPECIAL PERMIT TO INSTALL A SWIMMING POOL AT 30 SUMMIT STREET. In accordptnce with Section VII, Par. J. of the City of Salem Zoning Ordin- ance , petitioner appealed to the Board of Appeals for a Special Permit to install a swimming pool. Hearing on this appeal was held on November 20, 1972 , pursuant to notices mailed postpaid to the petitioner, board members , abutters , abutters to the abutters, and others , and. advertisements were duly published in the Salem Evening News , advising of this Public Hearing. In addition to Board Chairman John M. Gray, Sr. , members present were Donald { Koleman, Warren Baughm, and William F. Abbott. Petitioner appeared and ex:- I plained the case , the same as in the original appeal on file. No one appeared in opposition. The board members have the facts presented to the meeting, together with a plot plan showing location of proposed pool, and are of the opinion that a Special Permit for which application is made is in harmony with the purpose d intent of the Ordinance , and should be granted. i By unanimous vote, the Board has therefore voted to grant a Special Permit I 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 the privacy of the neighbors. 2. Use of the pool shall cease at 10:00 P.M. I 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 (BOCA) 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 perim- eter; fence shall have only one opening, three feet maximum width, j 4i - 2 - j 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 after the date stamped on this decis- ion in the office of the City Clerk. E' SPECIAL PERMIT GRANTED WITH CONDITIONS. CITY OF SALEM - - - BOARD OF APPEALS , BY v (Acting) Secretary W U-1 :. rri -" J J • W C.V i I i i TO CITY CLERK - 5. 26.72 flit t;f S Iem, �zss �l�u eits y en µ � ourb of PM; T WILUAM F. ABBOTT DECISION ON PETITION FOR SPECIAL PERMIT TO INSTALL JAMES H. BOULGEi JOSEPH F. DOYLE SWIMMING POOL. JOHN M, GRAY, BB. ARTHUR LABRECOUE PETITIONER - - ORLAND C . BROWN, JR. , EMERY P. TANCH 49 SUMMIT STREET. J. NORMAN WELCH, JR. A hearing was held on this appeal on May 22, 1972, pursuant to notices mailed postpaid to the petitioner . board members , abutters , and others , and advertisements were duly published in the Salem Evening News , advising of this Public Hearing„ Present at this hearing were Board Members Arthur E. Labrecque , James H. Boulger, J. Norman Welch, Jr. , Chairman John M. Gray, Sr, , and William F. Abbott who acted as secretary for the meeting in the absence of Joseph F. Doyle ; also unable to attend was Associate Member Emery P. Tanch. .Petitioner appeared and explained .the case the same as in the original appeal on file. No one appeared in opposition. he Board members have the facts presented to the meeting, together with a iot 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 . B unanimous vote the Board has therefore voted Y , o ed to grant a Special Permit to install and maintain said pool as requested, subject to the following CONDITIONS : 1. Bora 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 �ne opening, three feet maximum width. (continued) J 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 2.1 days from the date stamped on this decision in the office of the City Clerk. SPECIAL PERMIT GRANTED WITH CONDITIONS : CITY OF SALEM - - - BOARD OF APPEALS , 7 (Acting) Secretary • 1� lull J^ WILLIAM F. ABBOTT JAMES N BOULDER RE C E I''Glg. O'( �X L Z11 ' �a�.l Li. d��u>11 5 EPI, F OOVLE MMM LLL/// JOHN M. LYgv, SR 1p. ; Y 1r 77 y4 7�A y}'y (1 ARTNVP. LAB Ef3VE ��-,---.J, SEP !5 6 5J (^I j '11. 'Gr'LINr a. /.`) .UPH1 EMEPv P TAI.I:N .. J. NOB1111 �h t_ CITY C F n`S urrft,E b�lif �'NKHXMN PETITION OF ROGER AND CECILE ROY FOR A SPF,CIAL. P I:aMIT TO INSTALL A SWTMMINC POOL AT .3 SU;[NER ROAD. In accordance with Section VII,' Par. J. , of the City of`.Salem Zoning . Ordinance , appeal was .made to the Board. of Appeals for a. Speci.al. Permit to install a swimming ,pool at 3 Sumner Road. A hearing was held on this appeal on August 21, 1972 , pursuant to notices : .mailed postpaid. to the petitioner, board members, abutters , :abutters to 'the abutters , and others, . and advertisements duly published. in the Salem . Evening Mews advising of ..this Public hearing. III addition to Board Chairman John M. Gray, Sr. , members present were ,Arthur Labrecque, Donald Koleman, associate ;Member Warren Baughm, and William F. Abbott whoacted as secretary in the absence of Joseph Doyle ; also unable to attend was :Associate Member Emery P. Tanch. ` The Board members have the facts presented to the meeting, together with a plot plan showing location petitioner proposes for the swimming pool, •which would be immediately abutting Marion Road. The members could not approve this location which would be in violation of the Ordinance re- quirements , and advised petitioner to consult with the inspector of ' Buildings, Mr. Daniel J. O'Brien, Jr. , with regard to the only proper locus on the lot . Raving in mind that petitioner must locate the swimming pool in, the area designated by the Board to the Building Inspector, the Board therefore has -noted by uhanimous vote to grant a Special Permit to install and maintain said pool, subject to the additional, following CONDITIONS: - - 1 . Bora fide effort shall be made to minimize noise and lights in order to avoid disturbing privacy of the 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 . F. Pool shall be surrounded on all sides with a permanent wall or fence at lenst four feet high; the fence shall have a locking device and a closing device so as to keep the ,maty, shut at all times ; a minimum of one ladder, stair. ledge. , or standup area, not over three feet: below water surface , shall bV provided for r - 2 - each seventy-five feet of perimeter; . fence shall have ' only one opening, three feet maximum width. - Vs Pool shall be constructed of materials that will provide a structurally sound and tight tank 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. CITY OF SALEM BOARD OF APPl;ALS', � ur U g{ 4 LU BY ? to Co Q - - u (Acting) Secretary LU 'Lw C = CJ J - 'Q • Yh W � h U • of 5rnlem, a5!5ar4HSV#ts Pnttrb of cAyyral JUNE 1 , 1972 WILLIHM F, A11.0TT IAM« oa�«E� DECISION ON PETCTCON OF JOHN WARD TO ERECT AN ADDITION TO '°'E`" P- °IYLE AN EXISTING DWELLING AT 3 SUTTON 'TERP.ACE 'f0 PROVIDE A ,a�N A,_ �A1,1 ,L. oaE�NN� GIAI._hGE AND AN AD'DS'fIONAL ROOM. 1.11['1) N. ,ANT J. .011.AN wl:LClt Jn, By direct appeal , applicant petitioned the Board of Appeals to grant a var- iance from the applicable density requirements of the City Zoning Ordinance to permit the construction of an addition to an existing dwelling to provide a garage and a dining room at 3 Sutton Terrace . A hearing was held on this appe.il_ on May 22 , 1972 , pu-csunnl: to notices mailed postpaid -to Clic pet _t .one-r, ;tbuttei:�s , board members , and ol:Piers , and ;1dve •t:_i,scments wel'e dimly Pohl-idled _i.n talc Salom P;vom.iig Neiws , ndV.i_s _n;; of th i_s Public HoaL'd Plembcrs p.r•escut were Arthur Labrecque , James lloul , er, J. Norman Wel.cli, Jr. , Chairman John M. Cray, Sr. , and William F. Abbott who acted as-secretary to the meeting in the absence of Joseph F. Doyle ; also unable to attend was Associate Member Emery P. Tanch. Petitioner appeared and explained the case the same as in the original appeal on file ; this dwelling was existing prior to the adoption in 1965 of a more restrictive zoning ordinance , which at the time of its adoption drastically changed zoning regulations with regard to the density requirements affecting in this case particularly, lot area and minimum distance to rear lot line. ; there has been an increase in the number of persons in the family, making it imperative to expand their living quarters . No one appeared in opposition. The Board found that the size of this lot and the location of the dwelling thereon conformed to zoning regulations at the time of construction; presently the lot and location of the structure are in harmony with lot areas and posi- tion of structures with regard to boundary lines in the neighborhood; the Board Members therefor were of the general opinion that granting the variance to permit expansion of a presently nonconforming structure would cause no detriment to the public good and would in no way derogate from the intent and pLnPpose o:(' the Ordinance ; the Board found further: that if petitioner were to conatruct this addition to his dwelling, and provide more spacious housing :And moire conVeicieiit :And comfortable living conditions for himself and his I'amily, a serious hardship would be eliminated, and for these reasons voted unanimously to grant this appeal . VARIANCE GRANTED AS REQUESTED. CITY OF AL,EM BOARD OF APPEALS , BY (Acting) Secretary i '.. . ; Titg of "ittlpnn 'Mttssadjusetts Pourb of Appeal DECISION ON PETITION OF ALBERT AND VINCENT DiLISIO FOR A WILLIAM F. ABBOTT SPECIAL PERMIT AFFECTING THE RIGHTS OF THE PETITIONERS JAMES H. BOULDER JOSEPH F. DOYLOYLE WITH RESPECT TO USE OF LAND IN AN INDUSTRIAL ZONE. JOHN M. GRAY, SR. ARTHUR LASRECOUE 1 , - '•<1 •} y. EMERY V. TANCH J. NORMAN WELCH, JR. The petitioners, Albert and Vincent DiLieio, both of Swampscott, through their attorney, George P. Vallis, appealed directly to the Board of Appeals for a Special Permit for the purpose of operating a golf driving range on a tract of land located on Swampscott Road, and located in an Industrial Zone. A hearing was held on this petition on June 1 , 1972 , pursuant to notices mailed postpaid to the petitioners; their attorney, abutters , board members, and others , and advertisements were duly published in the Salem Evening News advising of this Public Hearing. Present at the hearing were Board Members J. Norman Welch. Jr. Arthur E. Labrecque , Chairman John M. Gray, Sr. , and William F. Abbott who acted as secretary for the meeting in the absence of Joseph F. Doyle ; also unable to be present were James H. Boulger, Sr. , and Associate Member Emery P. Tanch. Mr. Vallis appeardfor the petitioners , and pointed out that the petitioners -propose to erect a storage shed according to plans submitted with the peti- tion in connection with the layout of a golf driving range. It was brought out that under Section V, Paragraph B-9 of the Zoning Ordinance , in an Indus- trial Zone all Special Permit uses for the B-2 districts , including that of a golf driving range are permitted. It was also stated that the proposed location for said driving range was in no way detrimental to the public good in view of the fact that the nearest building, namely the North Shore Tennis and Squash Club , was at least three or four hundred yards away. No one appeared in opposition. After studying the facts presented in this case and a careful scrutiny of the plot plan submitted with the petition, 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. On the basis of this determination and also on the basis that the granting of this Special Permit would not tend to impair the status of the neighborhood , the Special Permit may be granted without substantial detriment to the public good and 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. SPECIAL PERMIT GRANTED. CITY /OF�SALEM - - BOARD OF APPEALS, BY �,...' (Acting) ecretary ` - ' Sri s �t Dt / Yvf - al2w, U5_[;L �tqnl RECEIVED J,OS41EEP5 tP..BDOOV -CEir 71 .. f!` ARTNUft LA¢f EC<�VE .EMERY 1. TA CH > y SPP J �j ? curb of C 53 .DH �171 CITY CLEn,\`S $gOFFICE SAID EC �7 N O`7 PETITION OF ROBERT R WALL TO ERECT A SINGLE FAMILY DWPLLING AT 4 TREMONT STREET. -' led to the Board of Appeals for a var B;r direct appeal ; petitioner appea lance from the applicable density requirements of the City. Zoni.ng Ordainn ance with regard to the construction of a single family dwelling house at 4 Tremont Street. ; A hearing was held on this appeal on Monday, August 28, 1972, pursuant to notices mailed postpaid to the petitioner', abutters , abutters to the Abutters , and others, and advertisements duly published in the Salem . Evening News, advising of this Public Heaving. �. Board Members present at the hearing were Chairman John M. Gray, Sr. , Donald Koleman, Arthur Labrecque, Associate member Warren Baughm, and William F. Abbott who acted as secretary to the meeting in the absence of Joseph F. Doyle ; also unable to be present was Associate Member Emery P. Tanch. 4 �!r. McCaffery appeared for the petitioner. The case was presented toi. e meeting, the same as in the original appeal on file ; the lot contains an area of 3120 square feet and has a frontage of fifty-nine feet ; while the lot is in harmony with others in the immediate vicinity with existing structures, it does not conform to the Zoning: Ordinance requirements of 7000 square feet of land area with a sixty-foot frontage ; it was pointed 1 nut to the `,'.embers that for many years a single family .dwelling had occu- F vied this lot but had burned down; petitioner proposes to erect a single i 1. family dwelling which will comply with the front and side yard requirements of the Ordinance but because of the size of the lot , the 30-feet real d yard re dation can not be complied with, and the rear yard will be fourteen feet on one end of the building and fifteen to the boundary from the aro- posed structure on the other end. f No ons appeared in opposition. , {t The Board members were of the ,general opinion that the lot area is in bar- many with neighboring lots and in this residential district could not be u.t_ i7ed for other than a small dwelling house; the members found that to erect such a structure as proposed inwaccordance with the plan showing the proposed position of the dwelling on the lo': would not be detrimental to the public good and would not suh.stantially derogate from the 1,ntPnt and _purpose of the Ordinance , and �-oted ,. nar.imo,.isly to grant the variance as rearestted. GRANTED CITY OF SALEM - - BOAPD OF P aTS . Y I n T Y A, 4 ION WILLIAM F. ABBOTT e_?AMES H. BOULG4R .JOSEPH F. DOYLE 1OHN M. GRAY, !.R, ARTHUR LABRECIIUE rAuG 2� EMERY P. TANCH 4,NORMAN WEl_Cti. J1, CITY CLEJ-Jt-'S OfTICE DECISION ON PfiWM(n, = LUCILLE CORNrLl FOR A SPECIAL PERMIT TO INSTALL A SWIMMING POOL AT 17 VALLEY STREET. In .accordance with Section VII, Par. Jt of the City of Salem Zonng,,1 1. Ordin- ance , !, petitioner appealed . to the Board of Appeals for a Special ,Permit. to install a swimming pool at A ,hearing was held on this appeal on August 21. , 1972, pursuant to notices mailed postpaid to the Petitioner, board members , abutters, abu tters ,to the abutters , and others, and advertisements were duly published in. therSalem Evening -Newsg advising of this Public Hearing. nt were e p Sr. ,, members present In addition to Board Chairman John M. Grayn, Arthurt.E. Labrecque, Donald Koleman, . Associate member Warren Baughm ` and William F c Abbott who acted as secretary in the absence of Joseph ,F. , Doyle; ' Associate member Emery ,P. Tanch was also unable to attend. The Board members have the facts presented to the meeting, 'togeth'er with a Plot plan showin(, 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. • By unanimous vote ; the' Board has therefore voted to grant a Speci,al...,Permit to ,,install and maintain� said pool as requested, subject to `the. foll:owing CONDITIONS: ' - 1. '2 Bona fide effort made to minimize noise and lights in order avoid disturbing privacy of the neighbors. 2. Use of the -b 'pool shall cease at 10:00 P.M. P ol 3. 0 shall. be constructed andmaintained in' accordance with the General Laws ::of theCommonwealth' olf Massachusetts, applicabie,it.0'-­ swimming pools, and, the 'rules "and regulations of the city of,, Salem Building Code , Board of Health; Electrical Department , Police: Department, and Zonin g' Ordinance. A e surrounded on all 4. Pool shall b sideswitha permanent wall or'­!,.... fence at least four ; feet the,f6nce shall have a lockine".' '. ' device and a, closing- devise so as to keep the gate shut at all times a mini.mumiof one ,ladderi stair ' itandup area not over three feet below water, surface',� ledge pr shall be provided for ' each seventy-five feet of perimeter; fence shall have only one -' � .C" ' opening, three feet maximum width. 4, g 4 . f - 2 F' 5. Pool shall be constructed of materials that will provide a structurally, sound and tight tank with impervious surfaces that are easily cleaned. , V 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 after the date stamped on this decis- ion in the office of the City Clerk. SPECIAL PERMIT GRANTED WITH CONDITIONS. CITY OF SALEM - - - BOARD OT APPEALS. BY (Acting) Secretary -4 .. tto r In SE, n ` }u l 1. ' m 5 y S ' TO CITY CLERK 5 .25.7 I�� Y V •. ��. ' OMXb of Pal • \rkFr"���r5 DECISION ON PETITION OF WILLIAM CULLEiN FOR A WaIIAM F. ABBOTT SPECIAL PERMIT TO INSTALL A SWIMMING POOL, AT JAMES H. BOULDER 41 WALTER STREET. JOSEPH F. DOYLE JOHN M. GRAY, SR. , ARTHUR LABRECDUE - EMERY P. TARCH J. NORMAN WELCH, JR. A hearing was held on this appeal on May 22 , 1972 , pursuant to notices mailed postpaid to the petitioner, board members , abutters , and others , and advertisements were duly published in the Salem Evening News , advising of this hearing. Board Members present included Chairman John M. Gray, Sr. , Arthur Labrecque , James H. Boulger, and William F. Abbott , who acted as secretary in the absence of Joseph F. Doyle who was unable to attend as were Associate Members Emery P. Tanch and J. Norman Welch, Jr. Petitioner appeared and explained the case the same as in the original appeal on file . No one appeared in opposition. 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. • 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 Depart- ment , and the Zoning Ordinances . 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/ (continued) 1 y _ 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 decision in the office of the City Clerk. SPECIAL PERMIT GRANTED WITH CONDITIONS. CITYY OFF SALEM - - BOARD SOF APPEALS, (Acting) Secretary n Civ of !$u[em, Aussac4u$e##s � Q Pourd of A"eal �r ^PR^Tr DF.0 I:SION ON PETITION OF PAUL BELANGER FOR A SPECIAL PERMIT ^"°E` H. n°°`°En TO INSTALL A--SWIMMING POOL AT 284 WASHINGTON STREET. JOSEPH C, OOVEE Ji,I1N M, (iR^V. SR. ^RT„VR l^PRECp4E A hearing was held on this appeal on November 299 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. Board members present included William Abbott9 James Boulger, John M. Gray, and Arthur Labrecque . Petitioner appeared and explained the case the same as in the original appeal on Cale . Mr. Thomas P. McGinn, an abutter, appeared in opposition to granting this petition . The Board members have the facts presented to the meeting, together with a plot plan showing location of pool , qtnd 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 Gen- eral Laws of the Commonwealth of Massachusetts, applicable to Swim- ming Pools , and the rules' and regulations of the City of Salem Building Code , Board of Health, Electrical Department, Police- Department, and ; i;- the Zoning Ordinances. 4. Poole shall be surrounded on- all sides• with a permanent, wall- or' f6noe, 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 Perim- eter; fence shall have only one opening, three feet maximum width. 2 _ 5• Pool shall be constructed of materials that will provide a structurally Y,10 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 PERMIT GRANTED WITH COADITIONS. BOARD OF APP/EALS9 BY Acting; Secretary Y� L T�*' - vnwau P neeOrr /�mT` `x - t - L JAME'. R eou cFR (/)f (� ((�� i JOSEPH F LU LE 1'. �^ REL.r' t{/` � sof /•4/�lem, I.I uLi;�'Ui'L �✓ JOHN M C111Y. Sq. t I L I L"I r ^ ARTHUR Lfi2,1EC.Le /�YyMM ♦�y y'{/ ""!!//..���� ♦♦��TT EMERY P. T C 1 72UHZU Y1 pl�...V Ec`C.I. J. NORMA WFLLH. Li TION Ol HOT:IfUT�IITiIT_ TO FS'TABLT. 531 A WASHINGTON Sr) RF. Petitioner appealed to the Board of' Appeals to modify a condition impost?d" at the time a Special Permit was granted to petitioner' s predecessp^ i_1 title on July 28 , 197:17 , with regard to the conduct of nn Americana -Museum. A hearing *.:a.s held on this appeal pursuant to notices mailed pos;.paid to the petitioner, board members , abutters ,.abutters to the a:outters , and others , and advertisements were duly published in the Salem Evening News advising of this Public Hearing. Board Members present. were Chairman John M. Gray, Sr. , Arthur E. Labrecciue , J . Norman welch, Jr. , and William F. Abbott who acted as clerk of the meeting in the absence of Joseph F. Doyle; also Luiable to be present 1.✓as associate member Emery P. Tanch. Mr. and Mrs. Mulvihill appeared at the hearing with Counselor Leonard Berkal ; it was pointed out that in their reauest to eiimi.nate condition 1'3 as set forth in the Board' s decision granting a Special Permit in Ju?-v of 1977. for the conduct of this museum, they were requesting that the sale of souvenirs be permitted -on a very limited basis, stipulating that said sales sha.l-3. not be made to the general public , but shall be made only to those on the prey.:•= es for the purpose of viewing the performance , and in no condi"-on shall part of the premises used for said salmi of souvenirs be open to the �<. r street. Col ncill.ors Georgie A. Nowak and Joseph ": . 01Keefe , also s. Burns and -Mr. li:aluCc'1. appeared in oppositio'n to grPntiagg tR.-i5 apbeal. The Board took the matter Linder ,dvi.sement pending further dis^.us.sior. ar::ong the members. Several members of the Board had visited the ,Dre, tises and )Tere of the onir.ion t ._nt in accordance wi.i:i the co-di"- ans of the Special Permit :gra=,`ed by F.he Board , the entire property had been exte-ninated and renclated ; !.case board:, t �,d e b-en naild. and painted; na-neS' a, 91355 is rear T•✓1.ndows h.ad bee, T'B')I ^d . and becalase of se,.-ere breaka-Te problems , shutters had been ordered for. those ✓i n:?p..t�: 4%C),Irl Stlal.l. lle in l:_C epi •.ng �.th 'he Char:ct,,?r of tll.e hU: �l r?'; E'.mp].C?'+- ees and :visitors had beQ.n advised of the twenty-minute par',cinq limit , ar_d drected to a nearby municipal. narking arm-, to prevent doubled-parkins of i cars , and patrons andemr:io,,ees a1i'.ca have been .earned t22at parking ill _ii .ball Court shall not be permitted. Aft.^r o tborough study of all of the facts Presented in this case , the Board ens stheir ne:t re,�uLar] r scned"t?ed meetin held .uglst 28 , 1972, z'0-00 ' liil�_tnl*:I") 7S]'I to :;rani, the anpea l- as reau-s ,e d in Lhe C 1P�l COII '_. ung s,ai_d 5 a I e5 to Pat2nn l _*:=? the perf' —anC e? 1P n `1a1.'t Of the is lot ^pen to t?i.-. street. nor availabi-e to the geTi e,ra I �r GZ:AP. L7 1. CTTi Or S,1TFrl _ 31:APD ( \ \T- , 1 o ssv s� J ied LU WILLIAM F. ABB07I '4 i -N JAMES N. OOV LGFF Ctu JOSEPH F. f1VVLE of "Salem, nss ar4ulbetts JOSE M GBgv =a y ` q APTHUR LABNECOV[ JJ (AT]g. 25 ].x"172 , E`j f( 'ja.]}}n I EMEHv v. iwNCN • • IIMY�1 II1 Appeal J. NONMAN W[LCH, IN �� Q :118 A.M. I DECTLSTON ON PFTT'rTON OF HFT,F.N KUI:FSZA. TO PFNOVATF THIRD FLOOR PRFMISFS AT 77 WEBB STRFFT TO PROVIDF AN ADDITIONAL APARTMENT. Petitioner by direct appeal. , petitioned the Board of Appeals to install a third floor apartment in an existing t:wn Ce�mil.v dwelling at. 77 Webb Street . A hernrintt was held oo thlce appeal on A111Mist 21. , 197" , Prlrstiant, to notices ncri :led PostDoid to the petitioner, board mombe.r:; , ahut.t.ers , abutters to the abutters , and others , and advertisements were prlhlished :in the Salem PWening News , advising of this Pulalic Hearing. In addition to the Board Chairman, John M. Gray, Sr. , Board Meml'ers pres- ent were Donald Koleman, Arthur F. Labrecque , Associate Member Warren Baughm, and Wil F. Abbott who acted as secretary to the meeting in tire, absence of Joseph F, Dov].e ; a]-so unab:Le to be present was Associate Member Emery P. Tnnch. Petitioner appeared and explained the case; she proposes to install an additional apartment to he1.p meet expenses of t.lre property; there are Pres i.n and front and rear stairways di.rectlr ently,.tr✓o apartmen is in the build. g to the third floor; third floor was or"-to oo planned as an apartment , " v sePara rooms ; other than some minor and was partitioned off into five p changes and redecorating, the proposed alterations will consist of inn stalling a kitchen,and bath room facilities . Councillor for the ward, Joseph -O'Keefe , who is also an abutter to this lrroperty, appeared in favor of granting this appeal. . No one appeared in opposition. 'rho 'rhe Board Members after a careful study of the facts presented to this meeti.ng' :tr1d plans submitted with peti.tioner' s appeal- , found that the lot area,and front , side , and rear yard setbacks :from the boundary lines are Ordin- nonconforming; with the density requirements of the present Zoning lace r✓h:ich was adopted in 1965 , many years after the construction of Land and this structure ; however, the Members further found that the : building are in harmony with others, in the neighborhood which also were idi erected many years prior to the adoption of the Ordinance . It wars pointed out that sufficient parking spaces would be provided for al.l tenants , as reouired by the Ordinance. It was the general opinion or the Members that a fi.nanci.a.l hardship to I ' the petitioner in view of today' s esca:lat:i.n,- costs , would be re]-i.eved if this appeal were granted; ft was further fel. t that granting the- appeal would not be detrimental to the public good and would not derogate from the intent and Purpose oi' the Ordinance. The Board voted unanimously to grant this aPPeal. APPEAL, GRANTFD. CITY OF SA1;EM - - BOARD' OF APPEAL` ' 'mayBy 9- 4 W WILLIAM F. ABBOTT ,{ , V JAMES H. BOULDER JOSEPH Y /fV KlL�L�' CN'NsTJRrL�MsE 4s JO NN M. GRAY, SR. 111/// {, (`} �,}r ,�y,p�}� ARTHUR LABRECOUE �� Pourb Y• ( Nk"vd EMERY P T WELL lll... ! 1 J. NORMAN WELCH, N, Jfl. v 'a;DECISION ON PETITION OF ROBERT J. MAC DONALD TO INSTALL A SMALL LUNCHEON BAR IN AN EXISTING VARIETY STORE AT v f4 WEBB STREET. Iba � By direct appeal , petitioner applied to the Board of Appeals to install a small luncheon bar in an existing v riety store at 101 Webb Street. A hearing was held on this appeal on gust 21, 1972, pursuant tq notices mailed postpaid to the petitioner, bo ' d members, abutters, abutters to the abutters, and others, and advert ' ements were duly published in the Salem Evening News. In addition to the Board Chairman, John M. Gray, Sr. , Board Members present were William F. Abbott who ac•Led as secretary to the meeting in the absence of Joseph F. Doyle, Arthur E. Labrecque, Donald Koleman, and Associate member Warren Baughm; also unable to be presenthas Associate member Emery P. Tanch. Petitioner appeared and explained the case, the same as in the original appeal on file; this store has been in existence at this location for more than fifty years; since purchasing the property, petitioner has installed water service and sewerage facilities at considerable expense in addition to other improvements necessary to conduct this operation in an up to date manner and to insure a profitable enterprise; with. rising costs in all foodstuffs, he proposes to expand his business and supplement his income by installing facilities to provide light lunches, and promote sales of ice cream, etc. Mr. John W. Goodwin and Mr. McCormack appeared to voice their approval of granting this appeal. No one appeared in opposition. The Board Members have the facts presented to the meeting, and are of the general opinion that this request is a reasonable one; proximity- to the beach area of Collins Cove would be a convenience for bathers and other visitors to the beach to avail themselves of the soft drinks, ice cream, etc. , usually available in such areas, and would eliminate the need to drive to other locales to purchase these items and causing traffic prob- lems with children and others approaching the beach area. The Board found that granting this appeal would relieve a financial hard- ship to the petitioner, and further found that granting this appeal would cause no detriment to the public good and would not derogate from the intent and purpose of the ordinance, but would benefit children and other visitors to the public beach at Collins Cove, and for these reasons, voter unanimously to grant this appeal. APPEAL GRANTED. CITY OF SALEM BOARD OF APPEALS, BY -� Ir�e��' � (Acting) Secretary y� . WILLIAM E ABBOTT \ �} /� I�/��}����} r 't Tl .14ME5 R. BOVLGEP ({�{. 2ISS?xC II$P S JOSEPH F. AYLE of JOHN VVV� �J ` OHNHNM, GRAY, SP. �� yy�,y(`} }},� ARTHUR LABNECOUE •X PQNrb � �ypral EMERY V. T4NCX 'A. �• E. ` 1 111 NORMAN WELCH, JR. " AUGUST 2, 1972 DECISION ON PETITION OF OLD SALEM REALTY TRUST, LAURENCE C. POST, JR. , TRUSTEE, TO REMODEL. SECOND FLOOR AT 20 WINTER STREET TO PROVIDE A SECOND APARTMENT IN AN EXISTING SINGLE FAMILY DWELLING. Petitioner appealed to the Board of Appeals to install a second floor apartment in an existing single family residence, and a hearing was held on this appeal on July 10, 1972, pursuant to notices mailed post= paid to the petitioner, abutters, board members and others, and adver- tisements were duly published in the Salem Evening News, advising of this public hearing. Board members present at this hearing were Chairman John M. Gray, Sr. , Arthur E. Labrecque, J. Norman Welch, Jr. , and William F. Abbott who acted as secretary for the meeting in the absence of Joseph F. Doyle; Emery P. Tanch, Associate Member, was also unable to attend. Mr. Donald Koleman of the petitioning Trust company appeared and explained the case the same as in the original appeal on file ; he proposes to remod- el the second floor to provide an additional apartment, install a bath on the first floor, a kitchen on the second floor and a bath on the third floor; the area is zoned for two-family residences, and the Zoning Ordin- ance requires 3500 square feet of lot area for each dwelling unit; this lot contains 4067 square feet and is presently non-conforming with regard to front, and side yard setback requirements. Mr. Koleman claimed that the house can not be economically occupied as a single-family dwelling. Mr. Strock, owner of abutting property appeared at this hearing. ` The Board members studied the plans submitted for this remodeling work,, and discussed the matter of existing violations to the present zoning ordinance; the members were of the general opinion that lot size and foca- tion" of existing structures were in harmony with neighboring lots on which structures have been existing for many, many years , having been constructed prior to the Ordinance adopted in 1965; the members felt that to grant this variance would in no way derogate from the intent and purpose of the Ordinance, and further found that granting the ordinance would cause no detriment to the public good, and for these reasons, voted unanimously to grant the variance as requested, and permit remodeling the structure to provide a first and second floor apartment. VARIANCE GRANTED: CITY OF SALEM - - BOARD OF APPEALS, BY 'Act—,.101gr Secretary II r ofttlem, Httssttc �zse##s 17 RPR 1 b Pourb of �"rzd 39 t'H "fZ sReB� CITY CLEkn'S OFFICE WILLIAM F. ABBOTT DF,CTSION ON PETITTON OF JOSEPH F. KEANE FOR A &946M`)WSS. JAMES H. BOULGER PER.MTT TO TNSTALL A SWTMMTNG POOL AT 5 WITCHCRAFT ROAD. JOSEPH F. OOYLE JOHN M. GRAY, SR. ARTHUR LABRECOUE EMERY P. TANCH J, NORMAN WELCH, JR. A hearing was held on this appeal on March 27 , 1972 , pursuant to notices mailed postpaid to the petitioner, board members , abutters , and others and advertisements were duly published in the Salem Evening News , advising of this hearing. Present at this hearing were Board Members J. Norman Welch , Jr. , Arthur. Labrecque , William F. Abbott and Chairman John M. Gray, Sr. Members unable-_ to be present were James H. Boulger and. Joseph F. Doyle , also , associate member Emery P. Tanch. Petitioner appeared with his wife and explained the case , the same as in the original_ appeal on file. No one appeared in opposition . The Board members have the facts presented to the meeting, together with a plot plan showing the location of 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 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 1.0:00 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 Depart- ment , and the Zoning Ordinances. 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. ~ - 2 _ 5. Pool shall be constructed of materials that will provide a structurally sound and tight ta.nk 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 Tnspector who may issue such permit 21 days after the date stamped on this decis- ion in the office of the City Clerk. SPECIAL PERMIT GRANTED WITH CONDITIONS : CITY OF SALEM - - BOARD OF APPFAT,S , BY _M. (Acting) Secretary i cy� ' Ctu of 'Sallora, Elft sttcl�xzse##s Pourb of 'Apyeal S WILLIAM F. ABBOTT - JAMES H. BOULGER JOSEPH F. °OYLE - DECISION ON PETITION OF ROBERT KONDON TO ERECT AN ADDITION JOHN M. GRAY. SR: ARTHUR LABRECGUE TO AN EXISTING DWELLING AT 9 WITCH WAY TO .PROVIDE A GAR4G.E EMERY R.•TANCH AND A FAMILY .ROOM. -J. NORMAN WELCH. JR. - - - - - Petitioner by direct appeal , applied to the Board of Appeals for a variance from the side yard requirement of the zoning ordinance to permit the erec- tion of a two car garage with a family room above, at his existing dwelling located at 9 Witch Way. A hearing was held on this appeal on May 22 , 1972, pursuant to notices mailed postpaid -to the petitioner, board members , abutters , and others , and advertisements duly published in . the Salem Evening News, advising of : this Public Hearing. Board members present were Chairman John M. Gray, Sr. , James H. Iloulger, Sr. , Arthur E. Labrecque , J. Norman Welch, Jr. , and William F. Abbott who acted as clerk for the meeting in the absence of Joseph F. Doyle; also unable to . attend was Associate Member Emery .P. Tanch. ', Petitioner appeared and explained the case the same as in the original appeal on file ; with a recent addition to the family, he finds it almost impossible to continue living in his home with adding the additional room; 1:.e has had to leave his car and boat out of doors and feels that a 'twin garage ,would protect his investments ; he has considered the possibli:ty of erecting this addition to the rear of the dwelling, but feels that the extra work of moving the plumbing of the kitchen and bath is unnecessary; the proposed family room will adjoin the house by means of a breezeway; the zoning ordin- ance requires a side yard setback of ten feet and the setback here will be six and one-half feet from the boundary line. No one appeared in opposition.' The Board Members ; after a careful study of all of the evidence presented to this hearing found that to deny petitioner the ,variance as requested would impose hardship to him and to his family whose need for more spacious and con- venient living accommodations is serious ; the members further found that to grant this variance .would in no way derogate from the - intent and purpose of the zoning ordinance and it was the general opinion of all of the members that granting this variance would not be detrimental to the public good, and for these reasons , voted unanimously to grant this appeal as requested. APPEAL GRANTED. CITY OF SALEM - -BOARD OF APPEALS , BY Acting Secretary 1973 STREET _. NAM- _ PAGE a �� Almeda Street Lotf56 DiBiase-S.Rpalty Trust 1 V Balcomb Street 402 Beaulieu,Robert 2 VJ� Barcelona Ave . Lot-366A �. and Ravenna Ave. Rear of 43 Boucher,Edgar 3 Barr Street 38 LeDuc,William 4 B@rstow Street 68 Plante,Ronald 5 Belleview,Ave 50 Millard,Robert 6 Berube Road 1 Rybicki, Theodore 7 Boston Street 9 DiStefano,Emanuel (Apt ) 8 Boston Street 9 DiStefano,Emanjel (Laundromat )9 Bridge Street 72 Galiatsatos,Omiros 10 Bridge Street 80 Goldberg,Richard 11 Bridge Street 96� Eisen,Albert 12 Bridge Street 10 Systems Improvement, Inc . , 13 Bridge Steeet -335 Magarian,Robert 14 Brown Street 14-16 Haley,Douglas and Brown Street Ct . 4-6 Vallis,George (Trustees ) 15 Buffum Street 7 Pesce ,Robert 16 Butler Street 10 Theriault,Leo 17 Cabot Street #18 --Gdrmano, .LodotQico 18 Carpenter St . 12 Old Salem Realty 19 Cedar Street 35-37 Casey, John H. 20 Cedar Street 35-37 Casey,John �/ 21 Cedar Crest Road McDuff,Michael 22 Cedarview StreetLot#172 Verzaetali, Teresa 23 \ Champlain Road 4 Denis,Laurent 24 J Circle Hill Road 7 Maher,Edward F. 25 y Circle Hill Road 26 Hef£ernan,Dennis 26 Crescent Drive 18 MCDonald, James 27 Derby Street 60 Burnaby,Ruth & Fred 28 it i, it it 29 Dodge Street 7 Inez Realty Trust d/b/a Folsom Seafoods 30 Endicott Street 23 Camarda,Frank 31 Essex Street 30 Waters,Beverly 32 Essex Street 109 corner of Hawthorne Blvd. Donovan ,Jehn 33 Essex Street 173-179 Bernard 's., Inc . 34 Essex Street 394 Orne St. REalty Trust 35 Essex Street 394 Kossover,Barry 36 JUgkiKXa1xRfa3:kYxRXXNt First Street Highland REalty Trust 37 Fort Avenue 24 New England Power 38 11 it ,t' ,t ,t it 39 Fort Avenue 50 South Essex Sewerage District 40 Fort Avenue 171-185 Xanthaky,Nicholas 41 Francis Road 24 Sutton,Frank 42 Gables Circle 14 Bornstein,Stanley 43 Gables Circle 30 Frisch,A.J. 44 Gallows Hill Road 26 Fontaine,Shirley 45 Green Street 5 Theophilopoulos,Pietro 46 Greenway Road 12 Baliotis,Paul 47 �- Hartford Street 11 Cyr St,Raymond 48 Hawthorne Blvd 6 Picone, /Richard 49 1973 PAGE 2 STREET , NAME VPAGE_ Highland Avenue 319 Loyal Order of Moose 50 Holly Street 12 Davidson,Florence 51 Horton,Street 23 Pinault,Roland 52 Japonica Street 27 Bovio,Peter 53 :Japonica Street 30 McSwiggin, Peter 54 Jefferson Ave .corner of Read Street Palm,Richard 55 Jefferson Ave . 42 Marfongelli,Joseph 56 Kosciusko,Street 22 Crosby ,David 57 Larkin Lane 4 Cloyd,Albert 58 La..-pt R' g;Z�Q §% $EE ZIA • 19'7'4 Leach Street 120 Levesque,Albert O Lafayette Street 146 Gelpey,Kenneth 61 Linden Street 12 Garfield,Leonard 62 Loring Avenue Downey,Frank 63 Living & Learning (Swimming Pool ) Marlboro,Road 127 Furnari, J.A. 64 Marlboro,Road. 146 Jermyn,Gloria 65 Mason,Street 24 Howe,George 66 Mason Street 53 Mason REalty Trust 67 - March Street 42 Santo, James 6$ Moffatt Road 30 Krause,Albert 69 North Street 145 LtAbbe,Ronald 70 Northend Avenue 38 Lojkb,Stanley 71 Nursery Street 11 Mizioch,Kenneth 72 Ord Street 55 Fanning,Richard 73 Outlook Hill 9 Hoyle,Reynolds 74 Palmer Street 50 Keefe,John & Carolyn 75 Phelps Street 22 Boisvert,Louis 76 Pleasant ,Street 26-2$ Barnard,Robert 77 Prince Street 4-6 •and /Park Street 5 Delpero,Ernest 78 Rockdale;Avenue 1 Cloutier,Raymond 79 Sable Road 32 Correnti,Joseph 80 Shillaber Street 14 Bozzi,Alfred 81 Springside Avenue 43 Iremblay,William 82 Swampscott Road 100 Corso,Anthony 83 Swampscott Road and Highland Realty First Street Trust 84 Sylvan Street 6 Johansen,Francis 85 Thorndike Street 21 Malioneck,Richard 86 Valley Street 65 Abraham,Walter 87 Valley Street Lot 76 J3 Salem Acres, Inc . $8 Wall Street Court 4 Panopoulos,Anthony 89 Wall Street 1$ LaBonte,Bruce 90 Washington Sq.East 90-92 Brennan,Florence 91 Wisteria,Street 3-31 /Goggin,David 92 Witchcraft Road Lot 133A Salem Acres, Inc . 93 Witch Way 16 Costango,Frank 94 Wyman Street Lots #66=67 (Lots #66-67 are shown as Lot #28 on Assejsor's maps ) 95 All 04k WILLIAM F. ABBOTT N � �q JOSEPH F. DOVLE o 68�L4bi� �e+'.N 66iIJb+K� 4i 7JK.Cb�- JOHN M. GRAY,SR. ARTHUR E. LABRECOUE y�I t'', r 'nom ,mss IIZTY II Appeal. DONALD KOLEMAN l l WARREN BAUGHN EMERY P. TANCH 11� t11 �J RE: - DI BIASE - SALEM REALTY TRUST <.'N P.- in: .- — t� cs This is a direct appeal by DiBiase-Salem Realty Trust from the applicable terms of the Salem Zoning Ordinance . The locus of the property for which Petitioner seeks a special permit is lot 56 on AlLneda Street , an R-1 resi- dential single family zoning district. The said site and surrounding area are relatively undeveloped property which the Petitioner owns , and for which there are presently no services for sewer, water or utilities . The Petitioner wishes to erect a temporary building and chain link fence , seven or eight feet in height , around the boundary lines , for the storage of equipment and building material for a period of four (4) years . Hearing was held on this Petition on October 29 , 1973, pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters , abutters to abutters , and others , and advertisements were duly published in the Salem Evening News advising of this Public Hearing. Board Members present were Chairman. John M. Gray, Sr. , William F. Abbott , Donald Koleman, Arthur Labrecque , and Associate Member Warren BaugluJ.. ' eorge P. Vallis , Esquire , appeared in behalf of the Petitioner and presen- ted the following evidence : Petitioner wishes to construct a temporary building, sixty (60) feet by one hundred 100) feet , for the use of storage of equipment and building mater- ials ; he also wishes: to construct a chain link fence , seven (7) to eight (8) feet in height around the boundary lines . Attorney Vallis explained that the Petitioner is a developer of the property in the immediate area, and needs a temporary building of such described and the chain link fence surrounding it for security purposes. Attorney Vallis further explained that the Petitioner has been constantly subjected to theft of building materials and damage to the equipment by vandalism. Mr. Frank Rizzotti , 26 High Street , Salem, Mass . , appeared in opposition to the granting of the variance of special permit. Mr. Rizzotti explained that he owns property nearby and feels that the construction of a temporary build- ing and fence would detract and decrease the value of his property. Mr. Rizzotti ' s property is a vacant lot and he has owned it for approximately sixty-two (62 ) years without ever developing it. No one else appeared in opposition. The Board studied the plot plan submitted by Attorney Vallis , and a copy of the Salem Assessors ' map, also submitted by the Petitioner , and reviewed all of the evidence that had been submitted by the Petitioner and Mr. Rizzotti ] After reviewing all of the evidence presented and considering carefully the ,ol.ans submitted, the Board found that a variance could be granted, without substantial detriment to the public good, and without nullifying or sub- stantially derogating from the intent of the District or the purposes of . the Zoning Ordinance, and that special circumstances and. conditions exist IL �J 2 _ whish specially affect the land and structure to be erected which do not gen- erally affect other lots in the area and that literal enforcement of the pro- visions of the Zoning Ordinance would involve substantial hardship to the Petitioner. The Board, however, does place a .condition upon the granting of variance : The fence which the Petitioner requests permission to erect around the perim- eter of the temporary building and the temporary, building itself, subject of this variance , will be removed from the premises /at a period of time no longer tha three (3) years from,.. the date of the granting of this variance . APPEAL GRANTED WITH CONDITION. CITY OF SALEM - BOARD OF APPEAL J BY Acting Secretary P V N Q =4n Ui Ln .4 >- t. U +1 W LU J J C= r v r_ W ib �'CAHL»T1 'a WILLIAM F. ABBOTT f T R ��}� �y yyQ2 r�(�y� /rp JOSEPH F. DOYLE gg REC D<..y Of ,SAMP (.�Y7J�LLI.ii�E�L7.! JOHN M. GRAY,SR. 1 � 4 a 46P 1 ARTHUR E. LABRECOUE JUL 11 i! 46 ',Aq9 attrb /-�tjt]P DONALD BAUGHN �} � [J C-)�T WARREN 6AUGHN DECISIrC k4i'A P1IMN OF ROBERT BEAULIEU TO ERECT A SINGLE EMERY P. raNCH FAMILY �D L *U.AT 402' BALCOMB STREET. This is an appeal from the decision of the Building Inspector who refused to issue a permit to erect a dwelling at lot, #11 Balcomb Street shown on plan submitted as one of two adjoining lots--in possession of petitioner. This is an R-1 district , yoned for single family residences , and presently the lot in question is vacant . In his letter of refusal , the Building In- spector explained the following reasons for his refusal - "The lot #11 on Balcomb Street as shown on your plan, shows an undersized lot with insuf- ficient frontage and inadequate side setback" . The Building Inspector further informed. the Appellant of his right to appeal to the Board of Appeals which may in some cases vary the applicable terms of the City Zoning Ordinance . A hearing was held on this appeal on May 14, 1973, pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters, abutt- rs to abutters , and. others , and advertisements were duly published in the alem Evening News advising of this Public Hearing. Chairman John M. Gray, Sr. , opened this meeting with Board Members Donald Koleman, Arthur Labrecque , William Abbott and Associate Member Warren Baughn, present . The following evidence was presented by the Petitioner, Robert Beaulieu: Th:e Petitioner wishes to erect a six room ranch house , the dimensions of which are 23 ' 4" x 42 ' at 402' Balcomb Street , Salem, in accordance with the plans, submitted and made' a part of this record. The Building Inspector refused to issue a building permit due to the=-fact that the lot was under- size , had insufficient frontage , and inadequate side setbacks . The plot plan submitted by the Petitioner, dated March 28, 1973 and drawn by Essex Survey Service , Inc . , shows side lot setback of only 6 . 8 ' where the require- ment of the applicable provisions of the Salem Zoning Ordinance is 10 ' for this area . The lot in question, #11 , contains only 4 , 193 square feet e where the requirement in this Zoning District for lot size is a minimum of fL'i.900 square feet ; frontage requirement for the district is 60 ' and the y an shows frontage of 401 . Petitioner stated that he and his wife have PAGE 2 r 1.` DECISION - Re-Petition of Robert Beaulieu been paying taxes on the property for nine (9) years , and since that time 'his wife has become ill with diagnosis of arthritis of the spine . Accord- ingly, all utilities on a single floor would be of less hardship to her in her present physical condition. The Board studied the plot plan and the building plan submitted by the Petitioner. Mr. Fabrideski , 26 ,Balcomb Street , Salem, appeared in opposition to the granting of the variance . After reviewing all of the evidence presented, and considering care- fully the plans submitted by the Petitioner, the Board found that the neighborhood contained other sub-standard size lots and that a literal enforcement of the provisions of the Zoning Ordinance would cause substan- tial hardship to the Petitioner and that desirable relief may be granted in the form of a variance to the applicable terms of the Zoning Ordinance without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the District or the pur- poses of the Ordinance . The Board also found that special conditions exist which especially affect the land in this particular appeal. The Board voted unanimously to grant the Petitioner' s variance . CITY OF SALEM - - BOARD OF APPEALS, M — NCJ /-); j c U. BY W 1p o ff) > w a - (Acting) Secretary twi sS 17 V a C j \X. t#fir of �Ulem, A _ L=r n . WILLIAM E. ABBOTT DECISION ON THE PETITION OF EDGAR J. BOUC4cgFOR -rn JOSEPH F. DOYLE A VARIANCE FROM THE REAR YARD SETBACK REQU1ifEFTS JOHN M. GRAY, ER. NSG: nereuR e. LAIeeccauE OF THE CITY ZONING ORDINANCE TO PERMIT THE- RE DONALD KOLEMANa. WARREN SAUGHN OF A TWO=CAR GARAGE AT LOT 36o6A BARCELONA AVf EMERY P. TANCH REAR OF 43 RAVENNA AVENUE. The Inspector of Buildings refused to issue a permit to erect a two-car garage on Lot 366A Barcelona Avenue, rear of 43 Ravenna Avenue , as plans submitted showed petitioner could not comply with the rear-yard setback requirements of the City Zoning Ordinance . Petitioner appealed to the Board of Appeals to vary the applicable terms of the density requirements of the Zoning Ordinance and permit construction of a garage in accordance with his plan. Pursuant to notices mailed postpaid to the petitioner, Board Members, abutters , and others , and advertisements published in the Salem Evening News , a hearing 10as held on this appeal on December 18, 1972• Board Members present were Chairman John M. Gray, Sr. , William F. Abbott, Donald Koleman, and Arthur Labrecque; Associate Member Warren Baughn was also present but disqualified himself from participating in this case. Petitioner appeared and explained the case, the same as in the original appeal. on file ; the lot in question is located in an R-1 district , zoned for one-fam- ily dwellings and accessory buildings ; the location of the proposed two-car garage would comply with the front and side setback requirements , but due to the unusual topography of the Petitioner' s land, the lot in question contains some ledge and the petitioner is unable to set the garage back any more than 13.7 feet on one end of the structure and 20.0 feet on the other corner of , the building. No one appeared in opposition. After hearing all of the evidence , the Board finds that the proposed erection of a two-car garage will meet all of the density requirements of the Ordinance with the exception of the rear yard setback regulation, the Board additionally- , 2 _ Onds that substantial hardship exists and that a variance may be granted without substantial detriment to the public good and without substantially derogating from the intent of the district or purposes of the Ordinance , and with the exception of Mr. Baughn who earlier had disqualified himself in this hearing, all members present voted unanimously to grant the petition as requested. APPEAL GRANTED. CITY OF SALEM - BOARD OF APPEALS, BY ' s (Acting) Secretary, M W N � AT -4 ti lJ % W u; J J C'- U Q Y N AL 7 ax r Jffi'C'F WILLIAM F. ABBOTT a.+' a _ q}p yµy9y� p� JOSEPH F. DOYLE �, RE Cc y Y# Of 'HT1 U, . 2TSOO 411Utto JOHN M. GRAY;SR 13 +r!-�1 �1 ) ' ,,,yyyyyy��T ,.t ARTHUR E. LABRECOUE ��� --3 %/ �LJ� (,� J 3'] J� �73 ' IItIY� II� � PGIl DONALD KOLEMAN �\cts - J ! ` WARREN BAUGHN C, EMERY P. TANCH DY tWFI(,'�[TION OF WILLIAM LEDUC TO CONVERT EXISTING GARAT iNG AT 38 BARR STREET TO PROVIDE TWO APARTMENTS. This is a -direct appeal by the Petitioner, William LeDuc , from the applic- able terms of the density regulations of the City Zoning Ordinance to allow the conversion of a 6-bay garage on a sub-standard size lot into two (2\ apartments at 38 Barr Street , Salem, an R-2 Zoning District; Hearing on this appeal was held on May 14 , 1973, pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters , abutters to abutters , and others , and advertisements were duly published in the Salem Evening News advising of this Public Hearing. Chairman John M. Gray, Sr. opened this meeting with Board Members Donald. Koleman, Arthur Labrecque , William Abbott , and Associe " e Member Wax•ren Baughn present . The Petitioner was represented by John Smedile , who introduced the follow- ing evidence : 611he site and building in question is located at 38 Barr Street , Salem, in an R-2 district , zoned for two-family residences , and consists of a block building containing five ( 5) garages which have been used in conjunction with a trucking service in the past . The lot in question contains approx- imately 4737 ;5 square feet . The Petitioner indicated that he wanted to convert the garages into two apartments to provide living quarters for his mother-in-law, who has been unable to obtain suitable housing elsewhere . A plot plan submitted by the Petitioner shows that the' side setback on what would appear to .be the rear of the garage varies from approximately one to two feet and that the rear lot setback- at the present garage is approximately 32 feet . The front setback appears to be no more than one ( 1 ) foot . Appearing in favor of the granting of this variance were the Petitioner, Mr. LeDuc , Henry Armstrong, a neighbor, David Powell, a neigh- bor, and Mr. Polison, also a neighbor. a After considering all of the evidence presented and studying carefully the plan submitted, the Board found that the conversion of this five-bay garage into a two apartment building could rot be done without substantial triment to the public good nor without nullifying or substantially `• - 2 - derogating from the intent and purpose of the District or the purposes of the Zoning By-Law. The Board found the side lot setback and front yard setbacks of no more than one to two feet inadequate and found that the present building does not suit®bly lend itself to the proposed conversion. Accordingly, the Board voted unanimously to ., DENY the granting of the variance . CITY OF SALEM - - BOAP.D OF APPEALS, zkk ¢m ¢y cti BY Acting Secretary E3 7 ,c2 i` i WILLIAM F. ABBOTT JOSEPH F. DOYLE RECEAUg Of �5-ArM, N7L�KLb/A3]!�L{E1' JOHN M. GRAY,SR. of1 ARTHUR E. LASRECOUE Ys t�JY, JUL �y� 5 ob PM '73 PAu1b 4ral - DONALD KOIEMAN WARREN BAUGHN CITY GL R,I'S OFFICE EMERY P. TANCH SALEM.MASS. DECISION ON PETITION OF RONALD G. PLANTE TO ERECT A TWO CAR GARAGE AT 68 BARSTOW STREET. This is an appeal from the Building Inspector ' s decision to refuse to issue a permit to erect a garage at 68 Barstow Street , Salem, a residential two family- District . The Building Inspector, in his letter dated May 16, 1973, stated his reason for refusing to issue a permit : "The lot . is undersized and has insufficient frontage , and the proposed building would be in further violation with regard to the side and rear yard setback requirements of the City Zoning Ordinance" . The Building Inspector informed the Appellant that the Board of Appeals may grant a variance from the applicable terms of the Ordinance . A hearing was held on this appeal on June 25, 1973, Pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters , abutters to *'Jutters , and others , and advertisements were duly published in the Salem Evening News advising of this Public Hearing. Chairman John M. Gray, Sr. opened this meeting with Board Members Donald Koleman, Arthur Labrec_que , William Abbott , and Associate Member Warren Baughn present . The following evidence was presented by the Petitioner, Ronald Plante : The lot in question is located in a residential two family residential Zoning District and was built on shortly following World War II . There were no garages erected at the time of construction of the building, and the Petitioner now seeks permission from the Board of Appeals to erect a two car garage to provide suitable off street parking during the winter months . The Petitioner stated that his building is a two family dwelling permitted in this area , and that the erection of a garage would allow suitable parking for himself and his tenant . a The Board studied the plan submitted by the Petitioner for the erection of a two car garage into the hi ll in the rear of Petitioner' s lot . I --After reviewing all of the evidence presented and considering carefully f plan submitted, the Board found that a variance could be granted, !thout substantial detriment to the public good and without nullifying or substantially derogating from the intent of the District or the purposes - 2 - ,of the Zoning By-Law, and that special circumstances and conditions exist which especially affect the land and garage to be erected which do not Generally affect other lots in the area and that literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the Petitioner. The Board voted unanimously to grant the variance . I"Z �O.n,,, U CITY OF SALEM - - - BOARD OF APPEALS, � BY Wu ^� ((Acting) Secretary i n-x DECISION ON PETITION OF ROBERT L. & NANCY L. MILLARD TO (F\ _ INSTALL A SHIMMING POOL AT 50 _BELLEVIEW AV NUE �«�;,,� HEARING - APRIL 22 , 1974 _ ir�Q� lG,� ((/�y�'♦ }� WILLIAM F. ABBOTT h/t� JOSEPH F. DOY OE YLGi�L4«� JOHN M. GRAY. SR. ARTHUR E. LABRECOUE ` Wourb of ( "rill APR Ly U t}U F,Ei DONALD KaEMAN WARREN 9AUGHN it, "4\i- T I EMERY P. TANCH A hearing was held on this appeal on April 22 c�7. h�',� �tSi S.h��lft to trt F r" ). notices mailed postpaid to the Petitioner, Board Lfc•infcis , abutters, abutters to abutters , and others , and advertisements were duly published in the Salem Evening News advising of this Public Hearing. Board Members present were Chairman John M. Gray, Sr. , Arthur Labrecque , Donald Koleman, William Abbott, and Associate Member Warren Baughn. Petitioner appeared and explained the case , the same as in the original appeal on file . No one appeared in opposition. The Board Members have the facts presented to the meeting, 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 una.ninimous vote , the Board has therefore voted to grant a Special Permit to install and maintain said pool as requested, subject to the follow ing 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 , and the rules and regulations of the City Building, Health, Electrical , and Police Departments , and the City Zoning Ordinanc-e applicable to swimming pools . 4. A fence at least four feet high shall be installed and surround the perimeter of the pool itself; fence shall be constructed of pickets , or stockade or chain link type material; RAIL FENCES SHALL NOT BE PERMITTED: 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 , pr standup area , not over three feet below the 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. SPECIAL PERMIT GRANTED WITH CONDITIONS. Massachusetts Law requires that the attached Notice of Variance by the syr' Board of Appeal shall be recorded by the Land Owner at the Registry of i Deeds. CITY OE/ SALEM - - B ARD OF APPEAL, BY Acting Secretary j i I �y¢Q�} * WILLIAM F. ABBOTT iyY s ', RECEIVEp( itJIIf22IPm, c,.YitC$StTCll�.i$PfB' JOHN MFr'ROAY`EBR. _ � 111 ARTHUR E. LABRECOUE - t JUL 11 4 45 PH '73 P-nttrb 1 �' Vpe}�^ DONALD )COLEMAN �sl�.� dya*fir X7j WARREN BAUGHN CITYPETITION OF THEODORE P. RYBICKI TO EMERY P. TANCH S® gWMp A BREEZEWAY ROOF AND CARPORT AT •1 BERUBE ROAD. This is a' direct appeal by the Petitioner, Theodore P. Rybicki , 1 Berube Road, Salem, from the applicable terms of the City Zoning Ordinance , to allow the construction of a breezeway roof and carport at 1 Berube Road, r Salem, an R-1 district, zoned for single-family residences . Hearing was held on -this appeal on May 14, 1973, pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters , abutters to abutters , and others , and advertisements were duly published in the Salem Evening News , advising of this Public Hearing. Chairman John M. Gray, Sr, opened this meeting with Board Members Donald Koleman, Arthur Labrecque , William Abbott , and Associate Member Warren Baughn present. The application is submitted to obtain a variance from the applicable terms f the Zoning Ordinance with respect to minimum.. rear yard setback require- ° _nts . The Petitioner wishes to construct a breezeway between the house and proposed carport, the breezeway measuring 81x101 , and the carport measuring 201 x 261 , in accordance with the plot plan submitted by the Petitioner and made a part of this record. The Petitioner further stated that he wished to erect the carport in order to protect his new car from the elements . Peti= tioner is the owner-occupant of the single family residence . The Board studied the plot plan submitted and the plans for the construction of the carport and breezeway. After reviewing all of the evidence presented and considering carefully the plans heretofore mentioned, the Board voted unanimously to grant a variance from the applicable density regulations of the Zoning Ordinance with respect to varying the 30' rear yard setback to allow the Petitioner to erect his proposed carport 81 from the rear boundary line. The Board found that relief could be granted through the granting of a variance without substantial detriment to the public . good or substantial o derogation from the intent of the District or the provisions of the City Zoning Ordinance , that literal enforcement of the provisions of the Zoning - Z - RYBICKI DECISION, (cont 'd. ) By-Law would cause substantial hardship to the Petitioner and that special . conditions with respect to. the lot size and placement of the building exist which are not generally affecting other lots and structures in the District. CITY OF SALEM - BOARD OF APPEALS, r BY / (Acting) Secretary c++ Cb (06 L 'yam J w --auk ,. UJ �N r e a i F WILLIAM F ACEOIT JOSEPH F. DOYLE f(/ Pj ,. RC�"l;J E b>'b 6h8Lbl6i w� QAbJ.'J Lb bk4b%:S Z.L.4 iY' JOH"M GRAY, SP. 7 3$ +ayt1lC• 'T"T5 ARIIJR L 1AJRE�Y4UL AUU 1 23 jyT � WARRED KOLEMAN EAUGIJ WARREN fiAUGH CITY CLERKS OFFICE EMERY P. TACH SALEM, MASS. DECISION ON PETITION OF EMAATUEL DI STEFANO TO INSTALL A THIRD FLOOR APARTMENT AT 9 BOSTON STREET. This is an appeal from the decision of the Building Inspector who refused to issue a permit to install a third ,floor apartment at #9 Boston Street , a B-1 Zoning District. The Building Inspector, in his letter to the peti- tioner, stated that as Building Inspector, he had no authority to issue a permit to install an apartment on the third floor in the building at #t9 Boston Street. The petitioner was advised of his right to appeal the decis- ion of the Building Inspector to the Board of Appeals. A hearing was held on this appeal on June 25, 1973 , pursuant to notices Wailed postpaid to the petitioner, Board Members , abutters , abutters to abutters , and others , and advertisements were duly published in the Salem Evening News , advising of this Public Hearing. Chairman John M. Gray, Sr. opened this meeting with Board Members Donald Aoleman, who was present , but did not vote on this matter. , Arthur Labrecque , William Abbott , and Associate Member Warren Baughn being present. The Petitioner introduced the following evidence at the hearing: The structure located at 9 Boston Street, Salem, consists of three stories , and the petitioner desires to convert the third floor into a separate apartment. Hardship is cited due to the fact that the third floor is vacant and is of no particular value , as it can not be used either by the tenant on the second floor or the Petitioner on the first floor. It is felt by the petitioner that not to put these rooms to their "natural use" would dete:r- ( orate the value of the property and that to financially be able to keep this property and make desperately needed renovations , the Petitioner would z - ie ed the added income from the apartment . The Petitioner maintains that the three-family house would not detract from the buildings in the immediate area Oce there are commercial establishments , retail stores , restaurants and other commercial. establishments . The petitioner claims that the denial by the Build- ing Inspector to issue a permit to convert the third story into a separate apartment constitutes an unnecessary hardship upon the petitioner and he seeks relief from the Board of Appeals . The Board Members after carefully considering all of the evidence presented and being familiar with the building and the property, with the exception of Donald Koleman, who abstained from voting, voted to deny the application for a variance and/or .special permit and additionally found that the petitioner failed to show substantial hardship, either financial or otherwise . The peti- tioner has owned the house only since last September and has not produced sub-- stanti_al evidence to show sufficient financial hardship. The Board additionally ads that the allowance of a variance or special permit , taking into consider- ation the neighborhood and the surrounding properties , would be in derogation to the meaning and intent of the Zoning By-Law and the neighborhood itself. APPEAL DENIED. CITY OF SALEM - BOARD OF APPEALS , BY (Acting) Secretary V w U ' o n u-(0 Y N � W ;.0) K W W ~ v.z C7 >N SCS V I Y �ovfU ;� y��V ' - WILLIAM F. ABBOTT y �y �ry J( y9¢ �y �+g}pyg�y;�y,y 2 JOSEPH F. DOYIE SRR' l 8n� KL�diA� W�7dG8LiCA9 JOHN M. GRAY, SR. I ar.r� RE� .,. ARTBUR E. LA DFECtlUE '1 a II r� � ,$�j DONALD KOLEMAN r'efG1.� rG.' �^ Nov 1 6 44 PM 73 WARREN BAUGHN EMERY P. TANCH CITY CLcnr;`S urFICE SAIEM, MASS.P DECISION ON THE ETITION OF EMANUEL DI STEFANO, 9 BOSTON STREET. This is ,a direct appeal by the Petitioner, Emanuel Distefano , of #9 Boston Street, Salem, from the applicable terms of the City Zoning Ordinance to .allow the construction and the addition of an existing building as shown on his plans for the purpose of operating a laundromat in a B-1 Zoning District . A hearing was held on this appeal on September 24, 1973, pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters , abutters to abutters , and others , and a notice duly published in the Salem Evening News , advising of this Public Hearing. Chairman John M. Gray, Sr. opened the meeting, with Board Members Donald i ,Nooleman, Arthur Labr. ecque , William Abbott , and Associate Member Warren Baughn present . Donald Koleman did not vote on this appeal. The following evidence was presented by the Petitioner: The area in question is a B-1 business zoning district ; in the immediate vicinity, there are a variety of business uses ; the addition of this struc- ture as shown on the plan submitted will enable the Petitioner to operate a laundromat , the income from which will help defray expenses which the Peti- tioner now has on the property. Petitioner states he cannot work, has four children, and the additional income is necessary in order for his family and himself to maintain a decent standard of living. The Petitioner respectfully requests that a special permit be granted to extend an existing structure as shown on said plan so as to permit the addi- tion of a one-story building and that a variance be granted from the applic- le setback and density requirements so as to permit the construction as outlined on the plan and the use of the building as a laundromat. C.1 I (EMANUEL DI STEFANO, cont 'd. ) Appearing in opposition to the granting of the Special Permit and variance was Councillor James R. Hosman, who presented a petition signed by twenty- five residents of the Ward. After some discussion, the Petitioner, Emanuel Di Stefano , requested leave of the Board to withdraw his Petition without prejudice . The Board voted in favor of granting the Petitioner leave to withdraw without prejudice , with the exception of Attorney Donald Koleman, who abstained from voting. Leave to withdraw without prejudice granted. c+► ,� CITY OF SALEM - - BOARD OF APPEALS , UJ BY ����.... } s Acting Secretary. W CO CJ U W U1 J A c . U ' JU y T+• c y{$t }'g p(Ary4g �p q�qy y� yq,y py !g WILLIAM E ABBOTT '.�'Y1 •({f,A.IJ� 6a LLd8l pI�IFK dKL dti%JL i�' JOSEPH E. DOYLE £.y @\\{ _H'M1'&JI/�C JJ 9 CY✓�Iro�ya JOHN M. GRAY, SR. DEC ARTHUR E. LABRECOUE DEC iJ DONALD KOLEMAN Y J 'PN ourb of �pastt1 •�\ .�LF` ��~ ' /+ C' WARREN BAUGHN Cf or y fOFFpCE EMERY P. TANCH SALEM, MASS. DECISION ON PETITION BY OMIROS GALTATSA.TOS TO ERECT A TWO-FAMILY DWELLING ON LOT B SHOWN ON PLAN OF LAND AT #72 BRIDGE STREET, CORNER OF SKERRY STREET. This is a direct appeal by Omiros Galiatsatos , Petitioner, for a variance from the applicable building By-Laws concerning property owned by him located at #72 Bridge Street , at the corner of Skerry Street in an R-2 residential dis- trict . Petitioner wishes to erect a two-family dwelling on a Lot B in a plan submitted. by the Petitioner. A hearing was held on this matter on November 26 , 1973, Pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters , abutters to •,-butters , and others , and advertisements were duly published in the Salem Evening News , advising of this Public Hearing. Chairman John M. Gray, Sr. opened this meeting with Board Members Donald V. Koleman, Arthur E. Lab'recque , William F. Abbott , and Associate Member Warren Baughn present. The Petitioner was represented by Attorney Philip Litman, of Bridge Street , Salem, Massachusetts , who presented the following 'evidence : On the plan submitted for a lot of land located at #72 Bridge Street on the corner of Bridge and Skerry Streets , Salem, Massachusetts , there is a request to this Board of Appeals for a division of the land owned by the Petitioner, Omiros Galiatsatos. The lot in question, as it presently exists , contains what would appear to be after some discussion between Attorney Litman and neighbors , a six-family building, which would be located on the plan in Lot. A. rhe Petitioner wishes to divide the lot and create a new lot , Lot B, upon 2 which he wishes to build a proposed two family dwelling. The proposed Lot B •rould contain 5,040 square feet . The R-2 residential two-family zoning re- quirements of the City By-Law require 7 ,000 square feet . The side setbacks on the proposed dwelling would be fourteen (14) feet on one side , ten (10) feet on the other , a fifteen (15) foot frontal setback, and a twenty-four (24) foot rear yard setback. Lot A, which now contains an existing six-family house , would be reduced in size to 5 , 152 square feet , thus making out of Lot A another non-conforming use with respect to the density requirements . Appearing in opposition to the proposed sub-division of the lot at #72 Bridge Street into two separate lots and the erection on the rear lot of a two-family house was Councillor-elect Richard Swiniuch, who presented a Petition signed by twenty-eight (28) residents within the area opposing the granting of this variance. The petition is filed and is made part of the record herewith; lso appearing in opposition to the granting of this variance were Michael V. Thomas of #5 Skerry Street , an abutter, and John S . Thomas , of #2 Cherry- Hill Avenue . Some of the comments in opposition to the granting of this variance consisted of statements regarding the congestion of the area which already exists , and the density of the Zoning District, although some of those others in opposition to the granting of the variance pointed out the fact that presently three (3) cars belonging to tenants in the six-family building park on the Lot B which would, in effect , be the lot where the new two-family house would proposed to be built . There would obviously be not enough parking for the cars of the six family building, let alone enough parking for cars perhaps for the two family structure to be erected. After considering all of the evidence presented and studying carefully the � ot plan submitted and being familiar with the area, the Board found that the sub-division of the lot in question and the erection of a two family dwelling on the second lot could not be done without substantial detriment to the public good, nor without nullifying or substantially derogating from - 3 the intent and purpose of the District or the purposes of the Zoning By-Law. The Board found that the density requirements of the City Zoning Ordinance could not be met on either of the two lots if a subdivision were to be allowed and that the setback and side lot requirements with respect to the existing house would create a non-conformity. Accordingly, the Board VOTED UNANIMOUSLY TO DENY the granting of the variance sought . CITY OF SALEM - BOARD OF APPEALS, BY Acting Secretary Orus �e a" cs fn h W uw ti .rte Q C.3. i C RECEIVED Pvarb of jAppea1 JAN I l 4 3'+ PH '73 DECISION ON PETITION OF RICHARD B. GOLDBERG CUAL�TElRjMIT E ;;:ss:A>a F. Aasorr r T"R Joszrr: r. ooYir FLOOR OF EXISTING TWO-FAMILY DWELLING AT 80 BR_R ,D STR tT JO'-N' k'.. GRAY, SR_ AzT, UR . , . PE,UE TO PROVIDE AN ADDITIONAL APARTMENT. DCNALD YOLSGtAN - WARRe,J 6 ALG4N EMERY P. IANC.H By direct appeal , Petitioner petitioned this board for a variance from the applicable terms of the City Zoning Ordinance to permit the remodeling of the third floor premises at 80 Bridge Street to provide an additional dwel- ling unit , in an existing two family house , on November 27 , 1972. Hearing was held on this appeal on December 18, 1972 , pursuant to notices mailed postpaid to the Petitioner, Abutters , Abutters to the Abutters , Board Members , and others , and advertisements published in the Salem Evening News giving notice of this public hearing. Members of the Appeals Board who were present at this hearing were Chairman Tohn M. Gray, Sr. , Donald Koleman, Arthur Labrecque, William F. Abbott , and 4SAssociate Member Warren Baughn. Appearing at the hearing were the petitioner, his architect , Mr. David F. Jacquith and Miss Margaret Geern. Petitioner introduced the following evidence ; the building was purchased as a two-family house on September 16 , 1972 by petitioner; the lot in question is located in an R-2 District, zoned for two-family residences ; petitioner stated he has expended substantial -funds for repairs and improvements to the first and second floors ; that the first and second floor apartments have had vacan. cies during the Fall of 1972 amounting to three weeks in the first floor apartment and six and one-half weeks in the second floor apartment ; that the lot does not presently accommodate any off-street parking and that due to the lack of off-street parking, prospective tenants have decided not to occupy either of the apartments. No one appeared in opposition to the petition. After carefully going over all of the evidence introduced, and being familiar with the site in question, the Board finds that taking into consideration the ate of purchase of the building, there is too little evidence to support a laim for financial hardship , and accordingly voted unanimously to deny the petition. CITY OF SALEM - BOARD OF APPEALS, APPEAL DENIED. �Vcl-Lng BYmSecret.arv.. iY WILLIAM F. ABBOTT �6 CJOSEPH F. DOYLE R E C E 119dE L O JOHN M. GRAY, SR, F 0 y 17� ,j l• / 1 _ ARTHUR E. LABRECOUE 111��Y v MAY 15 ], Ph �T3 Invarbi X11 aL ppgttl DONALD KOLEMAN �1 J c Cl`{- �LL��ry? ��EE WARREN BAUGHN C� Lt WI�ETITION OF ALBERT EISEN FOR A SPECIAL EMERY P. TANCH PEW TO EXTEND STRUCTURE AT 9611 BRIDGE STREET, AND FOR A VARIANCE TO PERMIT RETAIL SALES OF TIRES AND OTHER AUTOMOBILE ACCESSORIES. This is a direct appeal to the Board of Appeals by Albert Eisen, Petitioner, to grant a special permit to expand a nonconforming structure presently on. the premises located at 961 Bridge Street, Salem, an R-2 Zoning District, zoned for two-family residences . A hearing was held on this appeal on April 9, 1973, pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters , abutters to abutters , and others , and advertisements were duly published in the Salem Evening News , advising of this Public Hearing. The Petitioner requests a special permit to expand or extend a nonconform- ing structure located at 962 Bridge Street , Salem, on the premises formerly known as "Mister Donut" , in order to allow the Petitioner space to conduct the business of selling and installing automobile tires and other automobile accessories . Chairman John M. Gray, Sr. opened this hearing with Board Members Arthur Labrecque , Donald Koleman, William Abbott , and Associate Member Warren Baughn present. The following evidence was presented by the Petitioner; The Petitioner desires to erect an extension on the existing former Mister Donut shop to enable the construction of two (2) automobile bays to provide space for vehicles being fitted with automobile tires and other automobile accessories. The building was formerly used by Mister Donut for the retail sale of doughnuts , but the present structure is not sufficient in area to allow the Petitioner to operate the proposed business of sale and installa- tion of automobile tires and accessories . The proposed addition, in accord- ance with plans submitted, measures 25 ' x 39 ' , and will be of a wood frame - 2 - i).nd aluminum construction. The Petitioner claims that the business will enhance the taxability of the property, ' and will provide employment for additional people After considering all of the evidence presented, the Board voted unanimously to give the Petitioner leave to withdraw. a. CITY OF SALEM - - BOARD OF APPEALS, M W t ti U t au = ti BY • w N C3 1 a (Acting) Secretary ¢W LU I7 r S U 7JW Uj J J YN 6 F— � U I y ,tOAv1T.L WILLIAM F. ABBOTT ply(' JOSEPH F. DOYLE o "Salem, efflassur4useffe, JOHN M. GRAY. SR. � J i `9 ARTIIUR E. LABRECUUE Pourb of Put DONALD KOLEMAN __dSirT WARREN BAUGHN EMERY P. TANCH RE: -ALBERT EISEN. This is a direct appeal to the Board of Appeals by Albert Eisen, Petitioner, to grant a Special Permit to expand a non-conforming structure presently on the premises located at 962' Bridge Street , Salem, an R-2 zoning district . A hearing was held on this appeal on May 16 , 1973, pursuant to ,notices mailed postpaid to the Pepitioner, Board Members , abutters , abutters to abutters , and others , and advertisements were duly published in the Salem Evening News advising of this Public Hearing. The Petitioner requests a special permit to expand or extend a nonconform- ing structure located at 962' Bridge Street , Salem, on the premises formerly known as "Mister Donut" , in order to allow the Petitioner space to conduct the business of selling and installing automobile tires and other automobile' accessories . The following evidence was presented by the Petitioner through Counsellors John R. Serafini and Robert Ledoux: The Petitioner desires to erect an extension on the existing former "Mister WJonutl' shop, to enable the construction of two (2) automobile bays to pro- vide space for vehicles being fitted with automobile tires and other automo- bile accessories . The building was formerly used by "Mister Donut" for the retail sale of doughnuts , but the present structure is not sufficient in area to allow the Petitioner to operate the proposed business of sale and installation of automobile tires and accessories . The proposed addition, in accordance with plans submitted, measures 251 x 39 feet , and will be of wood frame and aluminum construction. The Petitioner claims that the busi- ness will enhance the taxability of the property and will provide employ- ment for additional people . After considering all of the evidence presented, the Board voted unanimcusly to give the Petitioner LEAVE TO WITHDRAW. ov, J G a CITY OF SALEM - BOARD OF APPEALS, :r_$ BY Acting Secretary U ,Q '' v I l3 GUNDI `- .. WILLIAM F. ABBOTT h s ..•. .re. JOSEPH F. DOl'LE RC 4 Qt J 1 o B `�1.1L@ale l . ngoar 4Uortf-e JOHN M. GRAY. SR. �• c, �):P t a 15`-•[ i. � ARTHUR E. LABRECOUE J p A o of yyy,,,yyyyyy DONALD %OLEMAN \. ._"..` S P: Ut 12 46 PIV7�A VETT N� ��+g+EM� WARREN BAUGHN EMERY P. TANCH CTx 0 LL arF.icR ' DMI'� SSON PETITION OF SYSTEMS IMPROVEMENT, INC. , TO ERECT AN ADDITION TO EXISTING STRUCTURE AT 106 BRIDGE STREET. This is a direct appeal by the Petitioner, Systems Improvement , Inc . , by its _ Vice-President , Herbert G. Weiner, 106 Bridge Street , Salem, from the applic- able terms of the density regulations of the City Zoning Ordinance to allow the erection of a 16 ' x 18 ' addition on the Saunders Street side of their building. A hearing was held on this appeal on August 13, 1973 , pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters , abutters to abutters , and others , and advertisements were duly published in the Salem Evening News , advising of this Public Hearing. Chairman John M. Gray, Sr. opened this meeting with Board Members Donald Koleman, Arthur Labrecque , William Abbott , and Associate Member, Warren Baughn present. The Petitionerwas represented by Herbert G. Weiner, Vice President of Systems Improvement , Inc . The site in question is located on a parcel bounded. by ,ridge Street, Saunders Street, and Cross Street . The proposed addition .is approximately 25 feet more or less from Saunders Street , and, according to the Petitioner, is needed to protect the employees from exposure in case of bad weather and hazardous working condition`s in and around the recycling pit of the Petitioner' s car wash located on the premises . The Petitioner also stated that the erection of the proposed addition would even off the building and shield from the structure the recycling pit and, therefore , improve the appearance of the building. The plan submitted by the Petitioner drawn by John V. Emerson is made a part of the record herewith. No one appeared in opposition. The Board, after carefully considering .the evidence introduced, and the architect ' s plan, felt that although the site is in an R-2 zoning district restricted to two-family use only, the expansion of the non-conforming use would not be detrimental to the neighborhood. The Board also felt that the Petitioner was under hardship due to the particular use of the building. The Board found that the expansion of the non-conforming use in this case would not be in derogation to the use and intent of the Zoning By-Law. The Board voted unanimously to GRANT the variance sought . 'APPEAL GRANTED. CITY OF/ SALEM - - BOARD OF APPEALS , BY Acting Secretary w{XON1`1- �M-, Lu WILLIAM F. ABBOTT U, �{ (,Qj't N (� � �/ � JOSEPH F.CRAY, v Q _-D �\..Ill'' bT .PL 6Y ' a}1CFy4A♦ JOHN M. GRAY. C ARTHUR E. MA OUc' v I - DONALD KOLELEMAN <ss � Paurb of � yea1 WARREN dAUGHN Q �J L.U. EMERY P. TANCH W ti_ 0 �J RE: -PETITION 'OF ROBERT MAGARIAN, 335 BRIDGE STREET. This is a direct appeal by the Petitioner, Robert Magarian, who is the prospective owner of Lot B on 335 Bridge Street , Salem, corner of Carpenter Street. The present owner of the lot is Munroe & Arnold, a local trucking firm. The Petitioner, Robert Magarian, wishes to erect a masonry structure to the existing building for retail and wholesale sales of carpets and other floor coverings . The area in question is an R-2 residential area located at the corner of Bridge Street and Carpenter Street in Salem. The Petitioner was represented by Attorney Arnold Levin, 10 Lowell Street , Peabody. A hearing was held on this appeal on November 26 , 1973 , pursuant � to notices mailed postpaid to the Petitioner, Board Members , abutters , abutters to abutters , and others , and notices were duly published in the Salem Evening News , advising of this Public Hearing. Chairman John M. Gray, Sr. , opened the meeting with Board Members Donald Koleman, Arthur Labrecque , William Abbott , and Associate Member Warren Baughn present. Although Donald Koleman was present , he took no part in the discussion nor the vote on this application for a variance and otherwise disqualified himself from voting on this matter. Attorney Arnold Levin introduced the following evidence : A special permit is requested to add a twenty (20) foot by twenty (20)foot one floor masonry structure with brick veneer front to the existing build- ing shown on Lot B Bridge and Carpenter Streets , Salem, for the retail and wholesale sale of carpets and other floor coverings , and to continue the - 2 - nonconforming use of said existing building for storage and wholesaling and +retailing of carpet and other floor coverings. The area in question is located in an R-2 residential district. The Petitioner wishes a Special Permit to enlarge a current nonconforming use.' The present building is used for warehouse , storage and the new owner or prospective owner, requests continued use of said existing building for storage and a twenty (20) by twenty (20) foot addition for a retail-wholesale carpet store . The area on Bridge Street , although zoned R-2 , is utilized by many businesses and heavy industry; the proposed use will beautify , the area and will not be of substantial detriment to the public good and will not nullify the intent or purposes of the Zoning Ordinance . Appearing in opposition to the granting of the special permit was Byron Getchell , of 5 Carpenter Street , Salem. Mr. Getchell outlined the diffi- culties which he thought would be present in the granting of a special permit. Mr. Getchell maintained that the traffic in the area would be affected by any parking on Bridge Street for people who were customers of the proposed carpet shop. Any parking on Carpenter Street near the corner of Bridge Street would create difficult circulation problems for cars exiting Carpenter Street onto Bridge Street . There appeared to be little parking on the site of the property itself. Mr. L. Smith of 10 Carpenter Street also appeared in opposition to the granting of the special permit . Mr. Smith felt that access to Bridge Street under present circumstances from Carpenter Street is very difficult and that any parking near the bottom of Carpenter Street or on the corner. of Carpenter and Bridge Streets would produce additional congestion and create a safety hazard, The Board, after studying the evidence submitted, and being familiar with the area in question, decided that it could not grant the special permit e { j; s C.V C3 1 -5;05 Ln � y Li .-.... '. = CU -LLI to d:)IDyjO t I on the basis of the plans submitted and the. description of what the Peti- tioner wanted to do with the property in question. After thoroughly considering the evidence , the Board voted unanimously, with the exception of Donald Koleman who disqualified himself from voting, to grant the Petitioner leave to withdraw without prejudice . c+'+ wu r— as p` J o: Ln , CITY OF SALEM BOARD OF APPEALS, VN L J:J W � >-°® BY ,2s✓V Acting Secretary i I I t i I� WILLIAM F. ABBOTT �Q BE�Fp LCA /� ¢y� ,, /qy}( ���Y�Q{tt r pF(y�t T1Q JOSEPH F. DOYLE e� f1L 4lIOU' J of V" ArI14 cfflassarl1mir is JOHN M. GRAY,SR. SA h. H l�wL 1 ARTHUR E. LABRECOUE Pourb o .a "ezd DONA!D KOLEMAN WARREN BAUGHN r �i¢ ;,QN)F.PWTION OF DOUGLAS H. HALEY AND GEORGE EMERY P. TANen ' P 9NSiUSTEES OF BROWN STREET REALTY TRUST, TO .CONSTRUCT TOWN HOUSES AT 14-16 BROWN STREET AND 4-6 BROWN STREET COURT. This is a direct appeal by the Petitioners, Douglas H. Haley and George P. Vallis , Trustees of Brown Street Realty Trust , to construct ten town houses at 14-16 Brown Street and 4-6 Brown Street Court . Hearing was held on this petition on April 9, 1973, pursuan, to notices mailed postpaid to the Petitioners, Board members , Abutters , abutters to abutters , and others , and advertisements were duly published in the Salem Evening News , advising of this Public Hearing. Board Members present were Chairman John M. Gray, Sr. , William F. Abbott , Donald Koleman, Arthur Labrecque , and Associate Member Warren Baughn. George P. Vallis , Trustee of petitioning company, presented the case to the Board, the same as in the original appeal on file . Ward Councillor Joseph O'Keefe , and Mr. David Hayes , an abutter, residing at 5 Howard Ptreet , appeared in favor of granting this petition; also registering approv- al , was a communication from the Salem Young Women' s Association of 18 Brown Street . Counselor Alfred A. Dobbs appeared in behalf of St . John the Baptist Roman Catholic Church, also owners of abutting property, and opposed to the proposed construction. Mrs . Lucille Nadeau, owner of property at 10 Brown Street abutting petitioners ' parcel, voiced opposition to the plan. The Board members voted unanimously to postpone any decision on this peti- tion until the City Planning Board had acted on a definitive plan for this development which had been presented to that ,Board for its consideration. On May 4 , 19,73, the Planning Board notified the City Clerk that the members had voted to endorse approval to the definitive plan aforementioned. At a subsequent meeting of the Appeals Board, held on May 21, 1973, after careful consideration of all of the evidence presented, the Board voted unanimously to- grant petitioners LEAVE TO WITHDRAW. c CITY OF SALEM - - BOARD OF APPEALS, BY Acting Secretary A It WILLIAM F. ABBOTT c {{*r �} }y} �,,�9ypy�yg,y�y p/{y�� }� JOSEPH F. DOYLE A R`CF YL ii��;", . ..'J.N 6(43JZT(Ar4usefts JOHN M. GRAY,SR. 1. 1. / L G ARTHUR E. LABRECOUE � DONALD KOLEMAN r r JUL 1y 5 06 PH ' Plarb of c PPPttl t T3 WARREN BAUGHN �Gl:I1V£� CITY CLE K A LCKA IS "FILE EMERY P. TANCH SALEM-MASS. DECISION ON THE PETITION OF ROBERT PESCE TO ERECT AN ADDITION AT REAR OF EXISTING DWELLING AT 7 BUFFUM STREET. This is an appeal from the ruling of the Building Inspector in denying a permit for the construction of a 14 ' x 20 ' room as an addition to an existing house at #7 Buffum Street , Salem, in an R-2 District . A hearing was held on this appeal on June 20, 1973, pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters , abutters to abutters , and others , and advertisements were duly published in the Salem Evening News advising of this Public Hearing. Chairman John M. Gray, Sr. opened this meeting with Board Members Donald Koleman, Arthur Labrecque , William Abbott , and Associate Member Warren Baughn present . The Building Inspector in his letter dated May 18, 1973, refused to issue a permit to construct a 141 x 20 ' addition to the existing house and cited �as his reason for refusing to issue the permit : "The plot plan submitted. with your application shows the lot is undersize with insufficient front- age and is further in violation of the regulations of 'he City Zoning Ordinance with regard to front and side setback requirements" . The Petitioner appeared before the Board and introduced the following evidence and a plot plan, which is made a part of this hearing: Petitioner is in need of an additional room for his mother, who plans to come to live with the Petitioner and his family; with the addition of the 14 ' x 20' room to the existing house , the Petitioner claims that the rooms must be located in the area shown on the plarr to provide a workable or reasonable entry in the existing house and to allow the maximum yard area for recreation for his children. Mr. William Upton of 9 Buffum Street , an abutter, appeared before the Board and expressed himself as being in favor of the granting of this variance . The Board, after carefully considering the evidence presented and reviewing the plot plan submitted, found that under the condition imposed herein and f�;subject to said condition , a variance may be granted for the erection of a, ' x 201 single floor addition. ie variance is granted upon the condition that the proposed addition be set back no less than four ( 4 ) feet from the property line separating #7 2 - �and #9 Bu£fum Street . The Board finds that after reviewing the evidence sub- mitted there is a hardship and that the granting of the variance to erect the 0roposed addition, subject to the condition above , will not be contrary to 1 n public good and that owing to the literal enforcement of the Ordinance would cause substantial hardship to the Appellant , and that relief in the form of a variance may be granted without substantial detriment to the public good an.d .area and without nullifying or derogating from the intent and purpose of the Ordinance . For these reasons , . the Board voted unanimously to grant the variance, subject to the stated condition. CITY OF SALEM - - BOARD OF APPEALS. �» UJJ t� «. ti aun -LLlt ib: (Acting) Secretary . UdJ W: W —7J (L77 This is a conditional variance which must be recorded by the property owner at the Registry of Deeds as explained on the attached form, in accordance with the General Laws of the Commonwealth of Massachusetts . v 1 ovv: WILLIAM E. AB60TT JOSEPH F. DOYLE my iSX[b�yb {Ab�bl{� a1.N 646I.+L6� MY�Ab71' JOHN M. GRAY, SR, ARTHUR E. LARRECOUE uE 9D�IY� A6, p��J,1�ppEYII DONALD KOLEMAN Ib rL 46 ?f� WARREN SAUGHN CLMI6'E^"/ CITl GL�'r,�?�', FICE ` l l EMERY P. TANCH SALEM, MASS. DECISION ON PETITION OF Leo Theriault to, Erect A Carport at 10 Butler Street . _ This is an appeal from the decision of the Building Inspector, who refused to issue a permit to erect a carport adjacent and connected to the buildings known and numbered as 10 Butler Street , Salem. The Inspector of Buildings , in his letter of refusal to issue the permit , cited as his reason for the denial "the proposed construction would be in violation of the density requirements of the City Zoning Ordinance . The Ordinance requires a fifteen foot setback from the front property line, ten feet from each side , and ten feet from any existing structures" . The construction of the proposed addi- tion would provide the proposed structure with only a six foot setback from the front line , eight inches and one foot from the side boundary lines and only six feet from the house . The Building Inspector informed the Appellant of his right to appeal to the Board of Appeals, A hearing was held on this appeal on August 13 , 1973, pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters , abutters to abutters , and others , and advertisements were duly published in the Salem Evening News , advising of this Public Hearing. Chairman John M. Gray, Sr. opened this meeting with Board Members Donald Koleman, Arthur Labrecque , William Abbott, and Associate Member Warren Baughn present. The following evidence was presented by Mrs. Leo Theriault, who appeared for the Petitioner: A plan was prepared by the Petitioner and submitted to the Board and made a part of this hearing. The dimensions of the proposed carport are seven feet in height , twenty feet in length, and twelve and one-half feet in width, to be open on three (3) sides and supported by six (6) iron sills , 2 x 6 rafters , 1 aluminum gutter and 1 aluminum conductor pipe: , Plans . also call for asphalt roofing, but if pitch does not allow this , the roof will be a rolled type roof. No one appeared in opposition. The Board carefully reviewed the plans submitted and noted that the zoning By-Law requires a fifteen' foot setback from the front property line , ten r: feet from each side , and ten feet from the existing structures. Afterthorough discussion of the proposed plans , the Board voted unanimously to GRANT the variance sought and finds that the proposed structure would not be in derogation of the meaning and intent of the Zoning By-Law, and due to the area and small lot size that the Petitioner is under a substantial hardship. APPEAL GRANTED. CITY OF SALEM - BOARD OF APPEALS , BY Acting Secretary WILLIAM I. ABBOIT �t.14 A�pQI7pL`-'pq pqy,�-• (�gy pq y�y q�g �$ ygp�g{�ntp /,, JOSEPH F. DOYLE �e.Y Sb qi la 'alem, ..1 48:LFsar4nSJ� ftfl' JOHN M. GRAY.SR. rJ 1. 1 ARTHUR E. LABRECOUE dILS � of Appeal DONALD KOLEMAN •.y L%�'�C N`3 U'(•�IM1 �iP toxrWARREN BAUGHN G►TYVA tL L.:.AL'`A�Ca�. 4 EMERY P. TANCH DECISION ON PETITION OF LODOVICO GERMANO TO REMODEL AND OCCUPY A BARN IN THE REAR OF A DWELLING LOCATED AT #18 CABOT STREET AS A CERAMIC STUDIO AND PROVIDE STORAGE FOR RELATED SUPPLIES . This is a direct appeal by Lodovico Germano from the applicable terms of the City of Salem Zoning Ordinance to remodel and occupy a barn in the rear of a dwelling located at #18 Cabot Street , Salem, as a ceramic studio and provide storage for -related supplies ; #18 Cabot street is located in an R-2 residen-- 4kial district , zoned for two-family dwellings ; the studio proposed would be a commercial enterprise , which is not allowed within the meaning of the Salem -,.d- City By-Law within an R-2 residential district . Ping on this appeal was held on November 26 , 1973 , pursuant ,to notices mailed postpaid to the Petitioner, Board Members , abutters , abutters to abutters , and others , and advertisements were duly published in the Salem Evening News advising of this Public Hearing. Chairman John M. Gray, Sr. , opened this meeting, with Board Members Donald V. Koleman, Arthur E. Labrecque , William F. Abbott , and Associate Member Warren Baughn present. The Petitioner appeared on his own behalf and presented the' ollowing evidence : A plot plan was submitted by the Petitioner which was dated November, 1955, nd duly recorded, Essex South District Deeds , Salem, December 2 , 1955 , Book 4229, page 530, document #965 of 1955 and a plan drawn by Thomas A. Appleton, Certified Engineer. Petitioner has on his premises a barn which measures wenty-six (26) feet by thirty (30) feet , which he wishes to use as a ceramic t o. He states he has a disability and this would help him become self- sufficient; the barn has a first and second floor and an attic and it has 2 - lways 'been used as a barn before ; petitioner would have ceramic classes at i Appearing in .opposition to the granting of this variance was Ward 5 Councilor, Robert Field, who presented a Petition signed by tyrenty-six (26) residents within the area. The thrust of the petition was that the persons who signed it dial not wish to have a commercial enterprise operated in their residential area; they felt that once a precedent had been set the expansion of the bus- iness and requests from others would be a definite possibility; the objectors also stated that the traffic situation, late night noise , and parking "conges- tion would very well become unbearable for the residential area. A letter •was also received in opposition from Mrs. Alden P. Crosby of #16 Cabot Street , Salem, who indicated that she was an abutter to the house/or barn in question and felt that she did not wish to find her house , which is in a residential strict , next to an operating commercial enterprise . After considering all of the evidence presented, and studying carefully the plan* submitted, the Board found that the conversion of the barn in the rear of #18 Cabot Street to a commercial use could not be done without substantial detriment to the public good, nor without nullifying or substantially derog- ating from the intent and purpose of the District or the purposes of the e+� Zoning B�L��t. The District is primarily a residential two family district and '[Se m i t g structures in the area are occupied as such. The Je axcb C6 ED UNANIMOUSLY TO DENY the granting of the variance. W >_y - ;�. � CITY OF SALEM - - - BOARD OF APPEALS, ' n BY t Acting Secretary iz. j 'v121.� WILLIAM F. ABBOTT •/� tR�,' 1T s Q JOSEPH F. DOYLE RECEIVE f9ifitt of "role Tt, f?i$ronr4useffJOHN M. GRAY,SR ryp. 1 ARTHUR E. LABRECOUE DONALD KOLEMAN MAY 5 37 PM 73 varb of �ypral WARREN BAUGHN I CITY CLtLs ASSOFFICE EMERY P. TANCH Si4IMf4ON PETITION OF OLD SALEM REALTY TO REMODEL THIRD FLOOR PREMISES OF STRUCTURE AT 12 CARPENTER STREET TO PROVIDE ADDITIONAL APARTMENT. By direct appeal Petitioner appealed to the Board of appeals to vary the applic- able terms of the City Zoning Ordinance to install a third floor apartment in an existing two family dwelling, located at 12 Carpenter Street. Hearing was held on this appeal on January 29, 1973, pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters , abutters to abutters , and others , and advertisements were duly published in the Salem Evening News , advis— ing of this Public Hearing. Hearing was opened by Chairman John M. Gray, Sr, with Board Members Arthur brecque and William Abbott present; Associate Member Warren Baughn was appointed to replace Donald Koleman, Board Member, who was not present at this hearing. Counselor Arthur Harvey, 14 Somerset Street , Boston, appeared with Lawrence E. Post , Jr. , 20 Winter Street, of the firm of the Old Salem Realty company. The following evidence was presented by the Petitioner: The building was formerly a nursing home and thereafter occupied as a two family unit ; the building 'had fallen into serious disrepair and the Petitioner has undertaken to renovate the exterior by painting, and decorating the inter- ior. The building has a full three story iron staircase , fire escape on the back, required for the former nursing home operation; lot has ample parking to provide parking for five automobiles . Petitioner requires a variance from the density requirements of the City Zoning Ordinance with regard to t area, and front, side and rear yard setbacks. Lytel Smith, an abutter at 10 Carpenter Street , appeared in opposition to granting this appeal. R E 2 _ After considering all of the evidence presented, the Board voted unanimously to grant the Petitioner leave to withdraw without prejudice. CITY OF SALEM - - BOARD OF APPEALS, BY • "/ w (Acting) Secretary M W . r-- v p �to w � M1 NS w J Iy'fi V y W W -J J ._ Yy 6 ~ .� V 1 l WILLIAM F. ABBOTT y� �q}r �y �y� �/�(�gq��{r�}g}� y�.}9t +pp JOSEPH F. DOYLE RECEI(ftg Y4 �aflc ' w'J.IL i K7:Fsar4noth3 JOHN M. GRAY.SR. / a 9 1. 111 ARTHUR E. LABLECOUE APR 13 4 i7 PH 73 Dttr� 111 DONALD KOLEMAN .a Appeal WARREN BAUGHN cls �a &, TAM PETITION OF JOHN H.ICE CASEY TO INSTALL EMERY P. TANCH A THIRD FLOOR APARTMENT AT 35-37 CEDAR STREET, AN R-2 DISTRICT, ZONED FOR TWO FAMILY RESIDENCES. The Petitioner, through his Counsel Robert W. Welch, submitted plans to the Building Inspector to repair and refinish the third floor of the prop- erty located at 35-37 Cedar Street, Salem, Massachusetts , which presently consists of two finished bedrooms and one large central room, in order to create a third floor apartment for the Petitioner to reside in. The Build- ing Inspector refused a permit as this area is zoned for residential two- family. This is a direct appeal to the Board of Appeals for a variance to the Zoning By-Law to seek permission to add a third floor apartment in a res- idential two-family zone and for a variance from the density requirements affecting lot area, lot width, front , side and rear yard setbacks. A hearing was held on this appeal on March 5, 1973, pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters , abutters to abutters , and others , and advertisements were duly published in the Salem Evening News advising of this Public Hearing. Chairman John M. Gray, Sr. , presided at this hearing with Board Members L William F. Abbott, Donald Koleman, Arthur Labrecque and Associate Member Warren Baughn present. The Petitioner appeared with Counsel, Robert W. Welch, and presented the following evidence : The Petitioner, a long time resident of Salem, has recently taken title to the property, and although he is presently residing with his parents in another building in Salem, he has to seek another residence and wishes to convert the third floor of 35-37 Cedar Street , Salem, a two-family dwelling in a residential two-family district , into a third apartment. -The Petitioner, through his Counsel , stated that the granting of a var- iance would not substantially derogate from the general intent and zoning . of the By-Laws. The Petitioner also claims substantial hardship, and pointed out that many of the houses on the street are more than two-family. On March 21, 1973, a communication was received from Mr. William J. Lunder- gan, attorney-at-law, indicating that Attorney Welch was no longer repres- enting Mr. Casey in this matter, and seeking permission on behalf of the Petitioner, John H. Casey, to withdraw this Petition without. prejudice . Thereafter, the Members of the Board voted unanimously to grant petitioner leave to withdraw without prejudice. LEAVE TO WITHDRAW WITHOUT PREJUDICE. + CITY OF SALEM - _ BOARD OF APPEALS , BY I yes Acting Secretary as ��,CDNDITA. ._-- �`Q WILLIAM F. ABBOT) JOSEPH F. DOYLE ' v �c# IIf2TIPTTi, ttsstttt�r E o JOHN M. GRAY, SR. ARTHUR E. LABRECOUE ,pct+t `r°S Womb of �VVM JUN 13 4 4o PH 713 DONALD KOLEMAN r WARREN BAUGHN PETITIONER - JOHN T.- CASEY, CITY CLcIL„ S Ur FICE EMERY P. TANCH LOCATION - 35-37 CEDAR STREET. SALEMFMASS. DECISION ON PETITION TO INSTALL THIRD FLOOR APARTMENT. The Inspector of Buildings refused to issue a permit to repair and refin- ish the third floor of 35-37 Cedar Street , Salem, Massachusetts , to provide an additional apartment . The locus of the property is in a residential two-family zoning district , and the Petitioner seeks a special permit to convert the third floor, which currently consists of two finished bedrooms and one large central room, to a third floor apartment with the addition of a kitchen and a bathroom. A hearing was held on this appeal on May 16, 1973, pursuant to notices mailed postpaid to the Petitioner, Board members , abutters , abutters to abutters , and others , and advertisements were duly published in the Salem Evening News , advising of this Public Hearing. Board Members present at this hearing were William Abbott , Arthur Labrecque, Donald Koleman, and Associate Member Warren Baughn who was authorized to represent an absent member for this meeting; William Abbott , Chairman Pro Tem, presided. The Petitioner was represented by Attorney William Lundregan of Salem, who presented the following evidence : The Petitioner, John T. Casey, has lived in the area for most of his life ; Mr: Casey acquired title to the property durimg January of 1973 , and has found it necessary to expend substantial amounts of money in order to .repair and renovate the building; Petitioner says that because of the expenditure of large sums of money in maintaining the building and the prospective expenditure of additional large sums of money to continue the renovation that a heavy financial burden exists . The Petitioner presently resides with his parents in Salem, but due to personal and financial reasons he will not be able -to continue living there . Both of the apart- ments in the building at 35-37 Cedar Street , are occupied and that income is used to maintain and repair the property. Petitioner, through counsel, maintains that he will not be able to afford to maintain the house if he is not allowed to occupy the third floor apartment himself; Petitioner further maintains that these conditions particularly affect this property and not generally other properties in the immediate area , that the grant- ing of a special permit to occupy the third floor premises is allowed in an R-2 district under the permitted special permit uses of the Salem Zoning Ordinance; many of the houses on the street where the Petitioner' s house is located exceed two families in use and are presently non-conform- ing uses; additionally, a portion of the street is zoned for multi-family dwellings . Many residents of the area appeared in favor of the granting of the special permit and no one was recorded in opposition. . I �•CpwuL WILLIAM F. ABBOTT y� NQ,Y,�} �{ 1T - JOSEPH F. DOYLE �'JIL SJ of 1i��1119 �64ssar4usette, JOHN M. GRAY. SP a 7 ` - ARTHUR E. LABRECOUE s y P �varb Ulj LAyyP� BAUGH DONALD N l , WARREN AUGHN GpXE EMERY P. TANCX CASEY DECISION CONTINUED) After hearing all of the evidence , the Board finds that it may grant a Special Permit under Section 25, paragraph B-3, for a third floor apart- ment in the building located at 35-37 Cedar Street , Salem, upon the con- dition that the special yermit is for the occupancy 'of the Petitioner, John T. Casey, during the term only that John T. Casey occupies the third floor apartment . The Board additionally finds that a special permit may be granted without substantial detriment to the public good and without nullifying or sub- stantially derogating from . the intent and purpose of the Ordinance . Members present , by unanimous vote , voted to grant the special permit , subject to the condition enumerated. SPECIAL PERMIT GRANTED WITH CONDITIONS. CITY OF SALEM - - - BOARD OF APPEALS, BY oCC)t� -C}.L!i C Cpm �2 Acting Secretary Laws of the Commonwealth of Massachusetts require that the attached notice of the granting of a Special Permit by the Board of Appeals be recorded by the Land Owner at the Registry of Deeds ) . n L 2 a-r _ 46 M n'L li r'L c Q.* = G7 (7 _Y m cAa t� _1 2� wnuAM F. neBorT Rc CUVE�jtU Of CcFibi JL � JOSEPH F. DGYLE ) JOHN M. GRAY, SR. ARTHUR E. LABRECOUE UGl p2 �►� 9�� Pnttrb a)f EttX DONALD KOLEMAN WARREN BAUG/UJ CITY CT=E a. �A$SF{UE OCTOBER 3 , x-973 EMERY R. TANCH li DECISION ON PETITION OF MICHAEL A. MC DUFF TO INSTALL A SWIMMING POOL AT CEDAR CREST ROAD. A hearing was held on this appeal on September 24, 1973, pursuant to notices_ mailed postpaid to the Petitioner, Board Members , abutters , abutters to abutters , and others , and advertisements were duly published in the Salem Evening News , advising of this Public Hearing. Board Members present were Chairman John M. Gray, Sr. , Arthur Labrecque , Donald Koleman, William Abbott , and Associate Member Warren Baughn. Petitioner appeared and explained the case the same as in the original appeal on file . No one appeared in opposition. The Board Members have the facts presented to the meeting, 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 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 , and the rules and regulations of the City Building, Health, Electrical , and Police Departments , and the City Zoning Ordinance applicable to swimming pools . 4. A fence at least four feet high shall be installed and surround the perimeter of the pool itself; fence shall be constructed of pickets , or stockade or chain link type material ; RAIL FENCES SHALL NOT BE PERMITTED: 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 Madder, stair, ledge , or standup area, not over three feet below the water surface shall be provided for each seventy-five feet of perimeter; fence shall have only one opening, three feet maximum width. r �DECISIC& CONTINUED - 2 - a 5. 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 building Inspector. A SPECIAL PERMIT GRANTED WITH CONDITIONS . Massachusetts Law requires that the attached Notice of Variance by the Board of Appeals shall be recorded by the Land Owner at the Registry of Deeds . CITY OF SALEM - - - - BOARD OF APPEALS , BY Acting Secretary WILLIAM F. ABBOTT s R'E �IjPm, wJ4►Gi��KE1�L�9E S JOSEPH F. Y LE 1. JOHN M.GRAY, SR. S m _ ARTHUR E. LABRECOUE Rfc 1Y�Y2•• APR 23 4 22 PH savarb 111 AptPMI DONALD KOLEMAN off'" ` WARREN BAUGHN CITY GL.Ekn,S OFFICE EMERY P. TANCH DECISSUE" TIT ION OF TERESA VERZAETALI TO ERECT A •SINGLE FAMILY DWELLING ON LOT #172 CEDARVIEW STREET, CORNER OF 18 INTERVALE ROAD AND FOR A VARIANCE FROM THE APPLICABLE TERMS OF THE CITY ZONING ORDINANCE AFFECTING LOT WIDTH, LOT AREA, AND SIDE SETBACK. The Inspector of Buildings refused to issue a building permit to erect a single family residential dwelling on the lot numbered 172 Cedarview Sweet, an R-1 residential district. The application for a permit was denied by the Inspector of Buildings for the stated reason that "the lot area and the frontage as shown on said plan do not conform with the zoning laws". Appeal was made to the Board of Appeals for a variance from the density requirements affecting lot area, lot width, and front, side and rear yard setbacks. A hearing was held on March 5, 1973, pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters, abutters to abutters , and others , and advertisements were duly published in the Salem Evening News advising of this Public Hearing. Chairman John M. Gray, Sr. opened this hearing with Board Members Donald Koleman, Arthur Labrecque, William Abbott, and Associate Member Warren Baughn present. Appearing on behalf of the Petitioner, Teresa Verzaetali , was Charles Goutzas who, if the variance is granted will be the contractor who will build the house . Mr. Goutzas presented the following evidence; The proposed dwelling would be on the corner lot of Intervale Road and Cedarview Street; there would be a setback of 15 feet on Cedarview Street and a setback of ten feet on Intervale Road, a side lot setback on Inter- vale Road of 49 feet, and a side lot setback on Cedarview Street of 11 feet, reduced to 10 feet at the extremity of the building at the rear corner of the building; , the frontage on Cedarview Street is 45 feet , on Intervale Road 100.14 feet. The lot is presently vacant and the Petitioner requests a variance to erect a single family dwelling unit thereon. It was found that the size of the lot in question is generally in harmony with other lots in the immediate area. After considering all of the evi- dence presented, the Board finds that there is substantial financial hard- ship; the Board also finds that granting a variance to erect a single family dwelling on the lot in question will not be contrary to the public interest , and that due to special conditions of the lot , a literal en£orce,- ment of the provisions of the Ordinance would result in unnecessary hard- ship; that relief in the form of a variance may be granted without sub- stantial detriment to the public good and area and without nullifying and substantially derogating from the intent and purpose of the Zoning BYLaw. VARIANCE GRANTED. CITY OF SALEM - BOARD OF APPEALS, BY Acting Secretary $ WILLIAM F. ABBOTT (���{ 1gyyy��� rypr yy }yq .{,(�9�Wp(� ,g gyp*/{yet�`+ JOSEPH E DOYEE r, R E C E I Y('R itU Ni ' l'Mv a, �.514assaLL/4 uthi JOHN M. GRAY. SR. ffi_'� 1\C. C 1ARTHUR E IABRECOUE c9 y UM 973 Pj0FZrb of �FPU1 DONALD KOIEM AN 40 � Gf.pp1�1 ' 31 I ` r WARREN BAUGHN CITY.Lh rw% QFFI E EMERY F. TANCH S�l1�S �S`S ON PETITION FOR SPECIAL PERMIT TO INSTAI,i, SWIMMING POOL: PETITIONER - LAURENT DENIS LOCATION - 4 CHAMPLAIN ROAD A hearing was held on this appeal on May 114 , 1973 , pursuant to notices mailed postpaid to the Peti-tioner, Board Members , abutters , abutters to abutters , and others , and ad%,ertisements were duly published. -in the Salem Evening News , advising of this Public Hearing. Chairman John M. Gray, Sr. opened this hearing with Board Members Donald Koleman, Arthur Labrecque , William Abbott and Associate Member Warren Baughn in attendance. Petitioner appeared and explained the case the same as in the original appeal on file . No one appeared in opposition. The Board Members have the facts presented to the meeting, together with. a • plot plan showing location of 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 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 Depart- ment , and. Zoning Ordinance . 4. A fence at least four feet high shall be installed and surround the perimeter of the pool itself; fence shall be constructed of pickets , or stockade or chain link type material. ; rail fences shall not be permitted; the fence shall have a locking device and a closing devicie so as to keep the gate shut at all times ; a minimum of one ladder, stair. , ledge or standup area, not over tl-Iree 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 Xi 2 / 5• 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 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 CONDITIONS. CITY OFQ SALEM - - - BOARD OF APPEALS, BY AI iry m (Acting) Secretary �m e-� W J J cc J Y 6 ~ V WILLIAM F. ABBOTT $r JOSEPH F. DOYLE �g Bi L/ Nb GiIE4lt9 �Jdr6 C �K�blb4]iE& iA JOHN M. GRAY, SR ARTHUR E. LABRECQUE • i . - DONALD KOIEMAN :_- II2IYb of '�k$SyEttI SheGLkpffi�p^ WARREN BAUGHN - -- '-- EMERY P. TANCH PETITIONER - EDWARD F. MAHER LOCATION - 7 CIRCLE HILL ROAD DECISION ON PETITION FOR SPECIAL PERMIT TO INSTALL SWIMMING POOL. A hearing was held on this appeal on June 20 , 1973, pursuant to notices mailed postpaid to the Petitioner, Board Members, abutters , abutters to abutters , and others, and adveetisements were duly- published in the Salem Evening News , advising of this Public Hearing. Board Members present were Chairman John M. Gray, Sr. , William F. Abbott , Donald Koleman, Arthur Labrecque , and Associate Member Warren Baughn. Petitioner appeared and explained the case the same as in the original appeal on file . No one appeared in opposition. The Board Members have the facts presented to the meeting, together with a plot plan showing location of 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. Oy 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 , and the rules and regulations of the City Building, Health, Electrical, Police Departments , and the City Zoning Ordinance , applicable to . Swimming Pools . 4. A fence at least four feet high shall be installed and surround the perimeter of the pool itself; fence shall be constructed of pickets , or stockade , or chain link type material ; rail fences shall not be permitted: 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, a stair, ledge , or standup area , not over three feet below the water surface shall be provided for each seventy-five feet of perimeter; fence shall have only one opening, three feet maximum width. (DECISION CONTINUED) • 5• Pool shall be constructed of materials that will provide a structura_L1 sound and tight tank with impervious surfaces that are easily cleaned. 6. No swimming pool or appurtenances thereto shall be installed or altere+ until a building permit has been obtained from the Building Inspector. ::w I SPECIAL PERMIT GRANTED WITH CONDITIONS. r r Laws of the Commonwealth of Massachusetts require that the attached notice of the granting of a Special Permit by the Board of Appeals be recorded byl the Land Owner at the Registry of Deeds ) . CITY OF SALEIM - - - BOARD OF APPEALS, I' BY (Acting) Secretary s Cr�r•► y`' I �— I �i i s� �yi- ��o /¢'�,� � �j',�. f 'i F ` e f\/ i q T T L�' y pq y4� ���� qr4-:¢��+p[y y .p� JOSEM r ooi 1140._1 tF+0 &�,!b �✓� �,`7,'"�LAb S•GL 6= �':'l iM',.91✓�6AbSP /.F Y+b [i JOHN r/. GR_Y', R f y Y (( .ryvw�p ��,y q+.�gry��+�)19 /S _R E t 3k i;.dUE l`' as b+ of � 1 al y JCNALD 'y� 8 . 17. ":, \YP!'Rtt. RAUGry••1 e uyp,,�� ENTRYP. TAf.CH ,IkL 5.11 MAS ae PETITIONER - DENNIS BEFFERNAN, LOCATION - 26 CIRCLE HILL ROAD. DECISION ON PETITION FOR SPECIAL PERMTT _TO INSTALL SNTMMING_POOL A hearing was held on this appeal on August 13 , 19'73 , pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters , abutters to ab;atters , and others , and advertisements were duly published in the Salem E'vena.ng News , advising of this Public Hearing. Board Members present were Chairman. John -M. Gray, Sr. , Will! am F. Abbott , Donald Kol.eman, Arthur Labrecque , and Associate Member Varren Baughn. Petitioner appeared a-rid explained the case the same as in the original appeal on file . No one appeared in opposition. The Board Members have the facts presented to the meeting, and are of the opinion that a Special. Permit for which application is made , i's in harmony with the purpose and intent of the Ordinance , and should be granted. ;, unanimous vote , the Board has therefore voted to grant a Special Permit to install and maintain said pool as reque,� ted, 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 S,JAhL CEASE at 10 :00 P.M. 3 . Pool shall be constructed. and maintained in accordance with. the General Laws of the Commonwealth of Massachusetts , and the rules arca regula- tions of the City Building, Health, Electrical , and Police Departments , and the City Zoning Ordinance , applicable to Swimming Pools . 4 . A fence at 'least four feet high shall be installed and surround the perimeter of the pool itself; fence shall be constructed of pickets , or stockade , or chain ]_ink type material ; rail fences _shall not be permitted; 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 the water surface shall be provided. for each seventy-f'ive feet of perimeter; fence shall have only one opening, three feet maximum width. DECISION CONTINUED) - 2 -- ..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 building -Inspector. SPECIAL PERMIT GRANTED WITH CONDITIONS . Massachusetts Law requires that the attached Notice of Variance by the Board of Appeals shall be recorded by the Land Owner at the Registry of Deeds . CITY OF SALEM - - - - BOARD OF APPEALS , By —1-4Acting Secretary • ^ 4 i k WILLIAM F. A55=, JOSEPH F. DOY�E of "alar, JOHN M. CRAY, SP_ RUC ARIKUR F, LAUEC-QUE )u. 7 LON��15 KoIEMAi4 PH '73 '41'aarb of Appent 8- 1-1 - 73 'c5w�7 WAPREN SAUCHN EMERY P. TANCH '�CITY 0.1- �Wk FFICE SALEM, MASS. PETITIONER JAMES L.. MC1 DONALD, LOCATION 13 CRESCENT DRIVE DECTSION ON PETITION FOR SPECIALP2RMIT TO INSTALL S1%TlMMT \TG POOL, 4A hearing was held on this appeal on August 13 , 1973 , Pursuant to notices mailed postpaid to the Petitioner , Board Members , abutters , abutters to abutters , and others , and' advertisements were duly published in the Salem Evening News , advising of this Public Hearing. Board Members present were Chairman John M. Gray, Sr. , William F. Abbott , Donald Koleman, Arthur Labrecque , and Associate Member Warren Baughn. Petitioner appeared and explained the case the same as in the original appeal on file . tt No one appeared in opposition. The Board Members have the facts presented to the meeting, and are of the opinion that a Special Permit for which application is made , is in harmony th the purpose and intent of the Ordinance , and should be granted. 0 I By unanimous vote , the Board has therefore voted to grant a Special Permit to install and maintain said pool as requeEfted,. 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 , and the rules and regula- tions of the City Building, Health, Electrical , and Police Departments , and the City Zoning Ordinance , applicable to Swimming Pools . 4. A fence at least four feet high shall be installed and surround the perimeter of the pool itself; fence shall be constructed of pickets , or stockade , or chain link type material ; rail fences shall ri,ol be permitted; the fence shall- Lave 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 the water surface shall- be provided for each seventy-five feet of perimeter; fence shall have only one opening, three feet maximum width. (DECISION CONTIrJ=D) z j . Pool shall be constructed of materials that will provide a structuraJ_ly sound and tight tank with impervious surfaces that are easily cleaned. No swimming pool or appurtenances thereto shall be installed o - altered until a building permit has been obtained from the building Inspector. SPECIAL PERMIT GRANTED WITII CONDITIONS . Massachusetts Law requires that the attached Notice of Variance by the Hoard of Appeals shall be recorded by the Land Owner at the Registry of Deeds . CITY OF SALEM - - - - BOARD OF APPEALS , BY Acting Secretary a y �y y}..{ r.� }y�q �{ yµ�q,g a WILLIAM F. ABBOTT of ` tTIPTIt� tT9'I.6ttCIjLYSP £- JOSEPH F.GRAY, `9 1 JOHN M. GRAYL SR. ARTHUR E. LABRECOUE M tpt DONALD KOLEMAN oHr Appeal P WARREN BAUGHN rr RFS EMERY P. TANCH DECISION ON APPEAL OF RUTH AND FRED BURNABY FOR A VARIANCE FROM THE APPLICABLE TERMS OF THE CITY ZON- ING ORDINANCE TO PERMIT THE CONSTRUCTION OF A TWO- C� . w CAR GARAGE ATTACHED TO AN EXISTING DWELLING AT • #60 DERBY STREET. = Ly N w r-- This -This LZuL.JLs a dLAct appeal by the Petitioners , Ruth B. S. Burnaby and Fred C. Burnayry Fromm jhe applicable terms of the density regulations of the City Zonint O�r4in�:4ce to allow the erection of a two-car garage attached to the , house, in-Mn >R;02 Zoning District , located at No. 60 Derby Street, Salem, Massachu�t M . Hearing on this appeal was held on March 5 , 1973, pursuant to notices mailed postpaid to the Petitioners , Board Members , abutters, abutters to abutters , and others , and advertisements were duly published in the Salem Evening News advising of this Public Hearing. Chairman John M. Gray, Sr. , presided at this meeting with Board Members Donald Koleman, Arthur Labrecque, William Abbott and Associate Member Warren Baughn present . h of the Petitioners appeared and presented the following evidence : 40 �.") Petitioner, Ruth B . S. Burnaby, is afflicted with a serious illness . The Petitioner further stated that she felt that the erection of a garage in accordance with the plans submitted would effectively block off her yard from easy access by neighborhood children and stray dogs . The Petitioner further stated that many other buildings on the street had garages closely abutting the property lines . Petitioners by way of their petition to the Board of Appeals , request that a variance to the terms of the Zoning Ordinance be granted to allow the erec- tion of a two-car garage to be attached to the house , and to be erected in a rear yard of their house located at 60 Derby Street ; the building of a two- car garage on the lot would violate the density requirements of the Zoning Ordinance with respect to lot area, lot width, lot coverage by a]_1 buildings , and setback requirements , front , rear, and side. After carefully reviewing the petition and the plans submitted therewith, the Board found that the area is far too congested and the lot far too small to allow the erection of a two-car garage measuring approximately 21 feet by 33 feet and set forth on the side lot line . Accordingly, the Board voted unanimously to deny the Petition seeking a variance, and additionaly finds that a variance may not be granted without substantial detriment to the public good and without substantially deroga- . ng from the intent and purpose of the Ordinance . :PEAL DENIED. CITY OF SALEM - - - BOARD OF APPEALS, o BY: ' Acting) Secretary. -- T e✓�IZ\ 41 of 5zttlem, Poarb of cAppraf ciry . 415 I'll �,3 gg �cc: ; ,.auarn E. aauoTT DECISION ON APPEAL OF RUTH AND FRED BURNA /.k 6''C FVARIANCE ,oserri P. Done FROM THE APPLICABLE TERMS OF THE CITY ZONING ORMNANCE TO JOHN R., GRAY, SR. ARTHU4 E. LABRECoue PERMIT THE CONSTRUCTION OF A TWO CAR GARAGE ATTACHED TO AN DO AID KOLMAN .. WARREN BAUGHN EXISTING DWELLING AT 60 DERBY STREET. EMERY P. TANCH This is a direct appeal by Petitioners Ruth B.S. Burnaby and Fred C. Burnaby from the applicable terms of the density regulations of the City Zoning Ord- inance to allow the erection of a two-car garage attached to the house in an R-2 Zoning District, located at No. 60 Derby Street, Salem, Massachusetts Hearing on this appeal was held on December 18, 1972 , pursuant to notices mailed postpaid to the Petitioners , Board members , abutters , abutters to abutters , and others , and advertisements were duly published in the Salem Even- ing News , advising of this Public Hearing. Board Members present at this hearing were Chairman John M. Gray, Sr. , Donald Koleman, Arthur Labrecque , and William Abbott ; also present was Associate Mem- *er Warren Baughn. Neither the petitioners nor anyone else appeared in behalf of the granting of a variance , nor did anyone appear in .opposition to the granting of the reques- ted variance. Petitioners by way of their petition to the Board of Appeals , request that a variance to the terms of the Zoning Ordinance be granted to allow the erection of a two-car garage to be attached to the house, and to be erected in a rear yard of their house located at 60 Derby Street ; the building of a two-car garage on the lot would violate the density requirements of the Zoning Ordin- ance with respect to lot area, lot width, lot coverage by all buildings , set- back requirements , front , rear, and side. After carefully reviewing the petition and the plans submitted therewith,. the Board found that the area is far too congested and the lot far too small to allow the erection of a two-car garage measuring apprd.ximately 21 ' x 33' and set right on the side lot line. Accordingly, the Board .voted unanimously to deny the Petition seeking a J 2 - Wariance , and additionally finds that a variance may not be granted without substantial detriment to the public good and without substantially derogating from the intent and purpose of the Ordinance. APPEAL DENIED. CITY OF SALEM - - BOARD OF APPEALS , • D BY u (Acting) Secretary M UJ Cn _ w N W Ln ,�Q LLJ >-C6 a F- 5 1 Ctg of Salem, nzar4uuttz varb of '� ettl T r+ F � WILLIAM P. ABBOTT DECISION ON PETITION OF INEZ REALTY TRUST, d/ �-' m k JAMES H. BOULDER N JOSEPH F. DOYLE JOHN M. CRAY, SR. FOLSOM SEAFOODS, 7 DODGE STREET, TO ERECT AN n m ARTHUR LABRECOUE EM ERY PMAN WELCH, JR,. TAN`" NR J. NORADDITION TO AN EXISTING STRUCTURE SITUATED AT SAID #7 DODGE STREET, SALEM. Petitioner appealed to the Board of Appeals to vary the applicable terms of the City Zoning .Ordinance to- permit the erection of an addition to an existing structure , and also, that the Board grant a variance from the applicable density requirements of the Zoning Ordinance affecting lot width, and further, grant a Special Permit to erect said addition for food-type establishment service where food and beverages will be consumed • on the premises as well as being dispensed for consumption off the premises. Pursuant to notices mailed postpaid to the Petitioner, its attorney, Board Members , abutters, and others , and advertisements published. in the Salem Evening News , a hearing was held on this appeal on December 18 , 1972. Present at the hearing were Chairman John M. Gray, Sr. , and Board Members William F. Abbott , Donald Koleman, Arthur Labrecque , and Associate Member Warren Batighn. Petitioner was represented by Counselor John R. Serafini, who appeared before the Board and introduced the following evidence: that the Petitioner is the proprietor of a business which currently is engaged in the sale and distribution of seafoods ; in accordance with the plans submitted with the application, the said Petitioner desires to add to the existing structure so as to permit the operation by the Petitioner of a restaurant-type operation n addition to the retail sale of seafood products ; evidence was also 2 - r introduced that the area in question is in a B-4 zone ; that there are ample . parking facilities both of a private and public nature , and that the area in question needs this type of operation, and that the expansion and the permitted variance would not substantially derogate from the intent of the Ordinance. Tae Petitioner agreed that the area on the said plan submitted with this application and marked "future addition" which consists of 1 ,080 square feet , would not be built on at the present time , but would be used for parking for customers , and that at such time that the new addition of 1 ,080 square feet was to be constructed, there was ample private and public park- ing in the area to accommodate the customers that the Petitioner might have. The area in question being in a B-4 zone , which is wholesale-automotive , does permit various uses and since the establishment will not dispense of any alcoholic beverages , that the particular use in question is a use which .is covered by the existing zoning Ordinance. No one appeared in opposition. The Board felt that in orderto permit the building to be used in an economic and suitable way, that a variance should be granted as requested and that further, they should grant a Special Permit to erect the addition in ques- tion for food-type establishment service where food and beverages will be consumed on the premises as well as being dispensed for consumption off the premises . The Board after carefully going over the evidence introduced, and being familiar with the site in question, voted to unanimously grant the Petitioner the variance as requested and further that a Special Permit be granted as requested. 31v ��e'Y CITY OF SALEM - - BOARD OF APPEALS, 1, 91 syr. BY • ;''J�y Acting Secretary �•� y1,73 � ,, / 6 fiCW.LItA• - WILLIAM F. ABBOTT C� �{N{y} y}r(L.�' 1{ JOSEPH F. DOYLE R E C E N ETitV Of *Irm, .J. assadjusetts JOHN M.GRAY, SR. m l• / ARTHUR E. LABRECOUE �A Y DONALD KOLEMAN L MAY ; U p 33 PH '73 2302trb of c�k"gzl WARREN BAUGHN 1,. I_ EMERY P. TANCH f CITY' C ? SA , '� PETITION OF FRANK T. CAMARDA TO ERECT AN UM, TO EXISTING STRUCTURE AT 23 ENDICOTT STREET TO PROVIDE ADDITIONAL SPACE TO OPERATE A i RESTAURANT. s This is an appeal from the ruling of the decision of the Inspector of Buildings in denying a permit to alter an existing non-conforming struct- ure at the corner of #74 Margin and #23 Endicott Streets, Salem, Massachu- setts , an R-2 District-, to provide additional space to operate a restaurant. A hearing was held on this appeal on April 9, 1973, pursuant to notices mailed postpaid to the Petitioner, Board Members, abutters , abutters to f abutters , and others, and advertisements were duly published in the Salem Evening News advising of this Public Hearing. All Members of the Board • were present with the exception of Joseph Doyle. Chairman John M. Gray, Sr. presided. The Building Inspector stated as his reason for refusing to issue a permit to alter the existing non-conforming structure : The lot in question is in an R-2 District zoned for two-family residences and is presently undersize for the area and the distances to the boundary lines are presently non-conforming. The requirements of the density reg- ulations of the Zoning Ordinance are not met. The Petitioner appeared and presented the following evidence to the Board: The existing structure is in a state of poor repair and requires substantial renovation. The Petitioner has a tenant for the shop who will conduct a pizza and sandwich business. The Petitioner described to the Board the Present boundary of the existing structure, and seeks to extend a portion „ of the wall in order to straighten up the exterior appearance of the build- ing, which the Petitioner states is poor. The Petitioner states that there is substantial hardship to him as the owner of the structure in not being able to clean up the appearance of the building and to straighten out its • angled front appearance. The Petitioner further described to the Board that in accordance with the plans submitted, the only change that he wishes to make is to extend the side wall of the building so that the wall , as it faces Endicott and Margin Streets, will be straight and the present existing jog will be eliminated. Appearing in favor of the granting of the variance was Councillor Joseph R. Ingemi, Jr. ; Councillor George Nowak also appeared in favor of the granting of the variance. No one appeared in .oppositi.on. After reviewing all of the material presented in the architectural plan, consisting of a site plan and elevations, the Board found that there is substantial hardship, that the granting of a variance to alter the structure, as proposed by the plans included with the application made part of this record, would not be contrary to the public interest and that owing to •special conditions, a literal enforcement of the Ordinance would result in unnecessary hardship; the Board further finds that relief in the form of a variance may be granted without substantial detriment to the public good and area and without nullifying or derogating from the intent and purposes of the Ordinance, and for these reasons , the Members voted unan- imouslryyt@ grant the variance as requested. w OUi y O N > ^-r� = CITY OF SALEM - - - BOARD OF APPEALS, w cD :c2 C7 al{V Acting Secretary a. M1' II f tAHUA, WILLIAM F. ABBOTT Salim, �q K�},•[µ�t /a JOSEPH F. DOYLE ? Ctv of .+LYµ�yA6t� Gi�IJKLd14i�EA �' JOHN M. GRAY, SR. (/_ lll��� 1 ARTHUR E. IABRECOUE DONALD KOLEMAN BAUG WARREN BAUGHN DECISION ON PETITION OF BEVERLY A. WATERS, EMERY P. TANCH FOR SALE OF CONSIGNMENT GOODS AND ANTIQUES AT 30 ESSEX STREET. This is an appeal from ruling of the Building Inspector in denying a permit for the installation of a small antique and consignment shop on the first floor of #30 Essex Street, Salem, Massachusetts. A hearing was held on this appeal on March 5, 1973 , pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters , abutters to the abutters , and others , and advertisements were duly published in the Salem Evening News, advising of this Public Hearing. Chairman John M. Gray, SR. , and Board Members Donald Koleman, Arthur E. Labrecque , William F. Abbott and Associate Member Warren Baughn were present at this hearing. The Petitioner appealed to the Board for the granting of a Special Permit to allow her to operate a shop which she calls "The Witch' s Closet" , in which she will sell antiques and yarn goods . The Petitioner presented the following evidence : The shop would add another tourist attraction to Salem' s historic Essex Street and to the City as a whole. There would be no change in the building except painting and repairing the property. There would be no change in the interior, only its use would be changed. There was no oppo- sition at the hearing. However, a communication was received by Counselor Joseph A. Bachorowski who apparently represents Mrs . Alice Bachorowski. Mrs. Alice Bachorowski ' s rear yard at 32 Forrester Street abuts the rear yard of 30 Essex Street, and M'rs'. Bachorowski is concerned that there should not be a condition of littering due to the placing of packages , boxes and miscellaneous items incidental to the business , stacked or placed in the rear yard. The Board found that the request for the said special permit was properly presented in accordance with the zoning by-law and further found that the conduct of such a business would not be in derogation from the intent and meaning of the zoning by-law and that the permit could be granted without substantial detriment to the public good, and therefore by unanimous vote , voted to grant the owner of this property, J. William Cahill , a Special Permit to allow the use of the first floor premises for the sales of con- signment goods and antiques providing said sales are limited to antiques and:yarn goods. SPECIAL PERMIT GRANTED WITH CONDITIONS. •SSVWIW311S CITY OF SALEM o BOARD OF AP EAL ABY I 'IV Acting Secretary. � C 03A130 38 3-� {.•ta'.lLl`L:l,� ��{ WILLIAM F. ABBOTT ,y �¢ �((]��'q py �q'{r �'i p Np p�Sq* gq�yp�q�,p p{ �y�[5} pp JO$EPH F. DOYLE fJLY� " RECEIVED `�Y?b ib` l{38L6869C$7+'M17.M64L6 ➢AUi� D JOHN M. GRAY. SIL .�'t�.ip s g� ,( jj�p ARTHUR E. LABRECOUE R'"Yam [U AH '73 3 larbf o8 Appeal eal DONALD KOLE.MAN `¢+•`% WAR3EN CAUGHN � �10TIH4 o EMERY P. TANCH 41TYggggC��t�c;;irti�'qSASfFICE T71� FJOFifP DONOVAN. This is an appeal from the decision of the Inspector of Buildings who refused a . permit to alter the existing premises at 109 Essex Street , corner of Hawthorne Boulevard, to provide six ( 6) apartments and two (2) commercial units . This is an R-2 district , zoned for two-family residences and the present occupancy of the first floor is nonconforming with the Zoning Ordinance of the City. The Building Inspector, in refusing to issue the permit , cited the afore- mentioned reasons as his refusal , and informed the Appellant that .the Board of Appeals may, in some cases , grant a special permit for multi- family dwellings , not exceeding four families in an R-2 district . A hearing was held on May 14 , 1973, pursuant to notices mailed postpaid to the petitioner, board members , abutters , abutters to abutters , and others , and advertisements were duly published in the Salem Evening News , advising of this Public Hearing. Whairman John M. Gray, Sr. , opened. this meeting with Board Members . Donald Koleman, Arthur Labrecque , William Abbott , and Associate Member Warren Baughn present . The following presentation and evidence were presented by the Petitioner: The property can not yield sufficient cash flow to permit proper rehabil- itation. The granting of a variance , in accordance with this appeal , would remove the aforementioned hardship and permit appropriate rehabilitation of the property. The Petitioner continued by submitting that the building could become one of the most aesthetically pleasing structures in the area and its rehabilitation would enhance the entire neighborhood. The Board studied tha plans submitted by the Petitioner for the .restoration of the building and the conversion of the upper two floors into six apart- ment units . Several members of the Board were familiar with the interior of the building and of past use . After reviewing all of the evidence pre- sented and considering carefully the plans .submitted by the Petitioner, the ' Board voted unanimously to DENY the issuance of a special permit or a variance to install six (6) apartment units on the top two floors . The I*rd found that the granting of such a variance or special permit would . be in derogation of the intent .and meaning of the Zoning Ordinance and would cause substantial detriment to the area and zoning district . APPEAL DENIED. CITY OF SALEM - - BOARD OF APPEALS, ACT-ING SEC Iv. I -3 SCMvITe, �} ¢ F�/�.,yy - 1qQ WILLIAM F. ABBOTT ttlemiK YttY Lr L{ � AiJ JOSEPH F. YLE , I ftr JOHN M. GRAY,SR. ARTHUR E LABRcCOVE p�> aartb of �pprzd DONALD KOIEMAN WARREN BAUGHN \, EMERY P. TAHCH ''7rY..Gl.ti�r�'��j�I DECSE �EIn13AJ� TITION OF BERNARD' S, INC . , 173-179 E8sex•1%treet , for a variance from the applicable terms of the City Zoning Ordinance affecting said locus and existing structures thereon, with regard to density requirements of this B-5 District . This is a direct appeal Py the Petitioner, Bernard ' s . Inc . , through its Counsel , Attorney Robert A. LeDoux, '126 Washington Street , Salem, from the applicable terms of the density regulations of the City Zoning Ord- inance to partition the property located at numbers 173-179-1 Essex Street Salem, known as Bernard ' s , Inc . , The location of the property is within' the B-5 business zoning District . Hearing was held on the matter on June 25, 1973, pursuant to notices mailed postpaid to the Petitioner, Board Members, abutters , abutters to abutters, and others , and advertisements were duly published in the Salem Evening News , advising of this Public Hearing. Chairman John M. Gray, Sr. opened this meeting with Board Members Donald 10011 oleman, Arthur Labrecque , William Abbott , and Associate Member Warren Baughn present . The Petitioner was represented by Attorney Robert A. LeDoux, who presented the following evidence : The buildings in question have been located on one lot of land for many years . Both buildings , although adjacent , are completely independent of each other by a brick wall. Because of the dislocation by Urban Renewal , Thomas Lally, d/b/a Lally ' s Shoe Store , has been forced to mov@ his present store , and has 'entered into an agreement with Bernard ' s , Inc. . , regarding the purchase of numbers 173-177 Essex Street . The Petitioner seeks a variance from the thirty-foot frontage required in a B-5 Zoning District . After the disposition and sale of 173-177 Essex Street , the remaining frontage for 179 Essex Street would be 25. 68 feet . Attorney LeDoux represented to the Board that it would be an undue hard- ship to the owner not to be permitted to sell 173-177 Essex Street for the lack of 4 . 32 feet on frontage , and that the present owner is no pp longer able to maintain the upkeep of the building and intends to re- 'Cate all of his commercial activity to 179 Essex Street . to 'rhe Petitioner submitted a plot plan which has been made a part of this k record, dated May 11, 1973,. prepared by Essex Survey Service , Inc . , signed by Robert Bowman, which has been endorsed under Chapter 41 , Section 2 - { 81 P, of the Massachusetts General Laws by the Salem Planning Board as not � equiring approval under the Subdivision Control Law. ay Theriault , Treasurer of Bernard ' s , Inc . , appeared in favor of the pro- posed variance ; John W. Barrett , executive director of the Salem Redevelop- ment Authority, appeared in favor of the granting of this variance , and stated that the Redevelopment Authority had agreed to expend up to $"50 ,000 . ' for the exterior restoration of 170-173 Essex Street in exchange for a facade easement in accordance with the present regulations under the law. A letter dated June 25, 1973, was received from the offices of Berkal & Berkal , attorneys for the Peabody Museum, expressing the Peabody Museum ' s favor to the granting of a variance for Bernard ' s , Inc . , at 173-179 Essex Street . After reviewing all of the evidence presented and considering carefully , the plan submitted by the Petitioner, the Board found that there is sub- stantial hardship involved in accordance with the evidence presented above and that the granting of a variance in this case for the partition of two adjoining buildings on a single lot in a B-5 District would not create sub- stantial detriment to the public good and would not nullify or substantially rogate from the intent of the District or the purposes of the Zoning By- � aw. The Board found further that there are special conditions and circumstances with respect to the lot size , use of the building, and frontage which es- pecially affect the land and buildings thereon which do not generally affect other lots and buildings in the same District , and that a literal enforce- ment of the provisions of the Zoning By-Law with respect to frontage in this particular instance would cause substantial hardship to the Appellant . THE BOARD VOTED UNANIMOUSLY TO GRANT THE VARIANCE. CITY OF SALEM - - - BOARD OF APPEALS, oy BYCal (Acting) ' Secretary LU ccv 3� 9 7 � Yll" a• F\a'��y ��ryry ,/ ! q vq'¢t "Mem, y�'y� ,[p� �}. WILLIAM E ABBOTT V4 {.{��166 r���9{},4¢L6Y���rµ�tZYG �V JOSEPH F. RAY, i 4u UE JOHN M. GRAY, BR. ` �j / ARTHUR E. LABRECCUE Nay I V 43 { h 073 J Pourb �f �)����� DONALD KOLEMAN • I(:.M_.4 ,r WARREN BAUGHN GcN,t��1gs ON PETITION OF ORNE STREET REALTY TRUST,EMERY R. TANCH SALEMP14ASS. 394 ESSEX STREET, SALEM. This is a direct appeal by the Petitioner, Orne Street Realty Trust , through its attorney; George P. Vallis , 70 Washington Street , Salem, from the applic- able terms of the City Zoning Ordinance , to allow the conversion of an exist- ing coach house to provide for four dwelling units at #394 Essex Street , an R-2 District , in Salem. Hearing was held on this appeal on September 24, 1973 , pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters , abutters to abutters , and others , and a notice was duly published in the Salem Evening News advising of this Public Hearing. Chairman John M. Gray, Sr. , opened the meeting, with Board Members Donald Koleman, Arthur Labrecque , William Abbott , and Associate Member Warren Baughn present. The application is submitted to obtain a variance from the applicable terms of the Zoning Ordinance with respect to occupancy, rear and side yard set- back requirements . The Petitioner, through its Petition, submitted the following evidence : *nhe Petitioner is the owner of a parcel of land_containing 9,040 square feet of land, more or less , on which there is situated a coach house ; the Petition- er wishes to obtain a Special Permit and Variance from the Board of Appeals which will permit him to renovate and alter the building into a four (4) unit family dwelling house whichis , according to Petitioner, permissible as a special use under Section 5 (B-3) . The Petitioner has submitted a plan which shows the parcel containing less square footage than required for a four-unit dwelling, with frontage of only eighteen (18) feet . The parcel is oddly shaped and with the exceptions of lot area and frontage , conforms with all other requirements of the density regulations . The Petitioner states that the building located on the parcel is structurally sound., that will require a substantial sum of money to make it habitable ; the Petitioner feels that it would be economically infeasible to rehabilitate the building for use as a two-family home ; most buildings in the immediate area are of the multi-family variety. The Petitioner submits that In grant- ing the Special Permit and Variance to the Petitioner, no diminution in . the value of the surrounding properties would be suffered and that it would not result in any adverse effects or in any way be detrimental to the abutters or other surrounding properties . The Board, being quite familiar with the particular building in question, after having visited individually, has discussed the possible renovation of this particular building on several previous occasions , at Petitioner' s request ; plans , including a plot plan, have been submitted by the Petitioner / nd were the subject of discussion and study by various members of the Board. (OJfNE STREET REALTY TRUST, cont ' d. ) After thoroughly considering the Petitioner' s plan to convert the existing structure to a four-unit building, the Board, subject to four (4) restrictions , vd unanimously to grant the Special Permit and Variance requested by the Pc, tioner. The Special Permit and Variance are , however, subject to these following four (4 � conditions : 1 . That there be a one hour (1) fire partition between all apartments. 2. That there be no facade changes to the building other than those as indic- ated on the elevations submitted with the plans . Re : front elevation. 3 . The staircases within .the building meet code requirements . 4. That the new working plans which are required to be submitted by the Petitioner, be approved by the Board and will be subject to meeting all of the requirements of the existing building code . The Board reviewed all of the evidence presented and considered carefully the plans heretofore mentioned. The Board found that relief could be granted and a Special Permit without substantial detriment to the public good or substantial derogation from the intent of the District or the provisions of the City Zoning Ordinance , that literal enforcement of the provisions of the Zoning By-Law would cause substantial hardship to the Petitioner and that special conditions with respect to a lot size and placement on the building thereon exist which are not generally affecting other lots and structures in the District . Vance and Special Permit voted unanimously, subject to the conditions outlined above . CITY OF SALEM - - - BOARD OF APPEALS , e" W BY ` A., yy Acting Secretary - w en '�a La v c8 UJ :J_J rH [v WILLIAM F. ABBOTT rq� � Yn Jyy b �fl a�� � JOSEPH F. DOYIE 5'fx `iLjr ,19J V (./+C_Y je 9 �.�` ,Y.'( P,� JOHN M. GRAY. SP. a; ARTHUR E. LABRPCOLIE poarb off�21' ezd DONALD Y.OLEMAN CCT�� WARREN BAUGHN EMERY P. TANCH DECISION ON PETITION OF BARRY S. KOSSOVER TO OBTAIN A SPECIAL PERMIT AND VARIANCE TO PERMIT RENOVATION AND ALTERATION OF BUILDING AT 394 ESSEX STREET, FOR- MER COACH HOUSE, INTO A FOUR-UNIT FAMILY DWELLING. This is a direct appeal to the Board of Appeals for 'ahearing on Peit- r tioner ' s request to remodel former coach house at 394 Essex Street to rpovide four-unit family dwelling. A hearing was held on this appeal on April 16 , 1973, pursuant to notices mailed postpaid to the Petitioner, abutters, abutters to abutters , Board Members , and others , and advertisements were duly published in the Salem Evening News , advising of this Public Hearing. The meeting was opened by Chairman John M. Gray, Sr„ with Board Members William Abbott , Donald Koleman, Arthur Labrecque , anc.. Associate Member Warren Paughn present . Petitioner appeared with his Counsel , George P. Vallis , who explained the case , the same as in the original appeal on file . The Members voted to postpone a decision on this petition until the Board had viewed the conditions and site of the proposed project . At a subsequent Board meeting, Held on May 21 , 1973, with the .same Board Members aforementioned present , hearing was resumed on this petition. After careful consideration of all of the facts presented, the Board voted unanimously to grant Petitioner LEAVE TO WITHDRAW. C" W r— CITY OF SALEM - - BOARD OF APPEALS, O d ON W rL Q BY E (Acting) Secretary U7 U N }Lo I C GUNI,IG WILLIAM F. ABBOTT q� yyr� ��W�q p�gq,+yy�9t ryp� !p2 JOSEPH F. DOYLE y �/ 1If I 1 I�f r�l tl •. Gifu op` 5f.yplr»9y¢, C'$L 6{A�b=64LY14GT3L�d73- JOHN M. GRAY. SR. ARTHUR E. LABRECOUE DONALD KOLEMAN eC� ' tC Ca py �ttr� rrF �3�$�Ett� WARREN flAHN EMERY P. TANCNCH DECISIONONPETITION OF HIGHLAND REALTY TRUST TO CONSTRUCT AND MAINTAIN TENNIS RECREATIONAL FACIL- ITIES A'LVD ACCESSORY USES ON FIRST STREET. This is a direct appeal by Highland Realty Trust from the applicable terms of the Salem Zoning Ordinance to construct and maintain tennis recreational facilities and accessory uses on First Street , adjacent to Saltz Chevrolet, in an R-3 zoning district. A hearing was held on this appeal on November 26 , 1973 , pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters , abutters to j abutters , and others and advertisements were duly,,published in the Salem Evening News , advising of this Public Hearing. ^ha.irman John M. Gray, Sr. , opened this meeting with Board Members Donald V. Koleman, Arthur E. Labrecque , William F. Abbott , and Associate Member Warren Baughn present. Petitioner ' sapplication is signed by John R. Serafini , Counsel for Highland Realty Trust , and discloses the following: A variance to permit the construction and maintenance of tennis courts and accessory facilities is requested from the applicable use ,density and park- ing requirements of the Zoning Ordinance , so as to permit the construction of tennis courts , all as shown on the plans filed herewith. The area is zoned for multi-family uses and is adjacent to a multi-family building . containing approximately 250 units , It is also adjacent to land which- is presently zoned for a shopping center. The recreational facility in the area is necessary from the standpoint of the numbers of people who ' 11 be served by this recreational facility. The Zoning Ordinance , as presently written, does not permit as a special permit in an R-3 zone , _ 2 _ ':reational facilities , primarily to service units located within an R-3 zone . Since this facility would also service the general public , it is believed that Wariance to permit such use and to construct th;e buildings as shown on the plans submitted is necessary. At the appointed time for the hearing, Attorney Robert LeDoux, from the office of Attorney John R. Serafini , appeared for and in behalf of the Petitioner and presented a letter to the Board requesting that leave to be withdrawn be granted without hearing. Attorney LeDoux explained that final plans with re- spect to the formulation of this project had not yet been completed and that any consideration of the application for a special permit and variance at this time would be premature. The Board, after review of the circumstances in this matter, unanimously voted to grant Petitioner leave to withdraw. CITY OF SALEM - - - BOARD OF APPEALS, BY �2 .ra,lG (Acting) Secretary av C-00 us r— c- toa ` 4 0 f L `J-J W r c,a �,CW.vfT WILLIAM F. ABBOTT j2IIJOSEPH F. DOYLE Rf��# �f{ M, aSSaC�$E##. JOHN M. GRAY, SR. ARTHUR E. LABRECOUE MAY 10 6 34 PH 1pearb of DONALD KOLEMAN \�,cF WARREN BAUGHN CITY CLEkMS OFFICE EMERY P. TANCH DECISIO1SftkMPMItION OF NEW ENGLAND POWER COMPANY AND NORTHEAST PETROLEUM CORPORATION FOR A SPECIAL PERMIT TO ALLOW CONSTRUCTION OF OIL STORAGE TANKS AND OTHER STRUCTURES ON PREMISES OWNED BY NEW ENG- LAND POWER COMPANY AND COMMONLY NUMBERED 24 FORT AVENUE, SALEM, MASSACHUSETTS. Pursuant to notices published in the Salem Evening News, and the mail- ing of proper notices to the persons required by Law to receive the same, a Public Hearing was held at the offices. o£ the Board of Appeal on April 9, 1973, and all members of the Board were present with the exception of Joseph Doyle. Chairman John M. Gray, Sr. , presided. Counsel for the Petitioners, Attorney John R. Serafini, introduced evi- dence at the hearing as follows: That the Petitioners ' property is in , an Industrial zone and all of their property has been used for many years as a Power Plant site and an oil storage terminal. That for many years, coal was stored on the property, and that gradually coal gave way to oil, necess- itating oil storage tanks. There are presently four units to the Power Plant and a fifth unit may soon be added. Plans of the area were shown to the Board Members showing the proposed new tank construction. It was pointed out that, for the efficient operation of the facility, sufficient storage capacity was necessary and that the long range planning of both petition- ing companies required that the height limitation as it applied to this particular Industrial zone covering all the property owned by the said New England Power Company and Northeast Petroleum be increased to 56 feet. Evidence was introduced to the effect r that in the ensuing years, energy demands of the country are projected to 1 2 - be so great that more and' more power will -be needed with a consequent increase storage capacity becoming necessary. That due to the area limitations , height of the new tanks has to be increased. The Power Plant facility and the Northeast Petroleum Company facility have become an integral part of the economy of the City of Salem, accounting for a substantial payment of real estate taxes. It was further pointed out that the facility has been placed in an Industrial zone by successive zoning ordinances and that the most recent change in 1969, again re-emphasized the Industrial character of the same. Mr. Andreas of the Northeast Petroleum,and Councillor from the Ward affected, George Nowak, spoke in favor. No one appeared in opposition. After consideration, the Board found that the land area in question, owned by New England Power Company and leased by Northeast Petroleum, has , 01 fact, been in an Industrial zone for many years. That it has always been used as a Power Plant site and oil storage terminal. That past and present zoning ordinances have retained the Industrial zone characterization; that oil storage facilities, tanks and appurtenant structures including piers, have always been part of this Industrial area. That the present height limitation of 45 feet for structures in this zone has been varied by the Board to permit the construction of the new Power Plant unit and stack. That the requirements for additional storage are an integral part of the efficient operation of the utility and that not to grant a Special Permit < from the applicable height limitation in this zone would cause a severe hardship,in that land was not available to provide sufficient storage facil- ities without increasing the height of the tank. That the Board further found +hat the continued operation of the Power Plant and the distinct possibility, i the location of an additional power unit made the necessity for more storage imperative , and that not to grant the requested Special Permit would work a hardship on the applicants. The Board, therefore, after due and careful �nsideration unanimously voted to vary the height limitation of 45 feet as it applied to the land area owned by the said New England Power Company and leased by Northeast Petroleum,so that oil storage tanks and other structures erected in this Industrial zone, situated on Fort Avenue , could have a height of 56 feet. The granting of this Special Permit as requested, would not derogate from the intent of the present ordinance since the zone is already Industrial and a present permitted height of 45 feet was contemplated by the ordinance. All Members voting in favor, the Special Permit was granted. o CITY OF SALEM - - - BOARD OF APPEALS, MBY 211L w Co _ (Acting) Secretary LJJ .CLW 6 .S O 11 �`Y�Lpnvly, WILLIAM F..ABBOTT JOSEPH E. DOYLE RECEIVED Ctu of ttlPm, tt �tt� �E##� JOHN M.GRAY,SR. J. `. ARTHUR E. LABRECQUE 3L; PH 11 - ourb of rul i DONALD KOLEMAN � WARREN BAUGHN ClTW1�4T5TQNugQNCVETITION OF NEW ENGLAND POWER COMPANY AND EMERY P. TANCH 5Xf1K& ,PETROLEUM CORPORATION FOR A VARIANCE TO PERMIT THE CONSTRUCTION OF OIL STORAGE TANKS AND OTHER STRUCTURES ON PREMISES OWNED BY NEW ENGLAND POWER COMPANY, AND COMMONLY NUMBERED 24 FORT AVENUE, SALEM, MASSACHUSETTS. Pursuant to notices published in the Salem Evening News, and the mailing of proper notices to the persons required by Law to receive the same, a Public Hearing was held at the offices of the Board of Appeal on April 9, 1973, and all members of the Board were present with the exception of Joseph Doyle. Chairman John M. Gray, Sr. , presided. Counsel for the Petitioners, Attorney John R. Serafini, introduced evidence at the hearing as follows : That the Petitioners ' property is in an Industrial ,-one and that all of their property has been used for many years as a power •plant site and an oil storage terminal; that for many years , coal was stored on the property, and that gradually coal gave way to oil, necessitating oil storage tanks ; there are presently four units to the power plant, and a fifth may soon be added; plans of the area were shown to the Board Members, showing the proposed new tank construction; it was pointed out that, for the efficient operation of the facility, sufficient storage capacity was necessary, and that the long range planning of both petitioning companies required that the height limitation as it applied to this particular Industrial zone, covering all the property owned by the Said New England Power Company and Northeast Petroleum, be increased to 56 feet. Evidence was introduced to the effect , that in the ensuing years, energy demands of the Country are projected to be so great , that more and more power will be needed with a consequent increase in storage 44 acity becoming necessary; that due to the area limitations , height of the I tanks has to be increased. The power plant facility and the Northeast i Petroleum Company facility have become an integral part of the economy of the . .. - 2 City of Salem, accounting for a substantial payment of real estate taxes. It was further pointed out ;that the facility has been placed in an Industrial One by successive zoning ordinances , and that the most recent change in 1969, again re-emphasized the Industrial character of the same. Mr. Andreas of the Northeast Petroleum, and Councillor from the Ward affected, George Nowak, spoke in favor. No one appeared in opposition. After consideration, the Board found that the land area in question, owned by New England Power Company and leased by Northeast Petroleum has , in fact, been in an Industrial zone for many years ; that it has always been used as a power plant site and oil Storage terminal; that past and present zoning ordin- ances have retained the Industrial zone characterization; that oil storage facilities, tanks and appurtenant structures including piers, have always been part of this Industrial area; that the present height limitation of 45 feet for structures in this zone has been varied by the Board to permit the construction of the new power plant unit and stack; that the requirements for additional orage are an integral part of the efficient operation of the utility, and that not to grant a variance from the applicable height limitation in this zone would cause a severe hardship,in that land was not available to provide sufficient storage facilities without increasing the height of the tank; that the Board further found that the continued operation of the power plant, and the distinct possibility of the location of an additional power unit, made the necessity for more storage imperative , and that not to grant the requested variance would work a hardship on the" applicants. The Board therefore , after due and careful consideration, unanimously voted to vary the height limitation of 45 feet as it applied to the land area owned by the said New England Power Company, and leased by Northeast Petroleum, so that oil storage tanks and other structures erected in this Industrial zone, lotuated on Fort Avenue, could have a height of 56 feet. The granting of this riance as requested, would not derogate from the intent of the present ordin- ance since the zone is already industrial , and a present permitted height of 45 feet was contemplated by the Ordinance. All Members voting in favor, the variance was granted. CITY OF SALEM - - - BOARD OF APPEALS, BY Acting Secretary ti as z � w' W W t • 1 ��- ����� �: �� ,� � - � �� � � ������ � - �� D/95`�, WILLIAM F. ABBOTT yy �y L�}}��� ��p{�y �ry /{.�y.� 1T' JOSEPH F. DOYLE of �Tlp.5�6 �I$S2XCliEB JOHNM. GRAY, SR. ARTHUR E. LABRECOUE JUL 34 PAL°.xh of ApJFMI DONALD KOLEMAN ��uav oa'ar3 WARWEN BAUGHN CITE ( ' EMERY P. TANCH k DECISIO � l1 � � N OF SOUTH ESSEX SEWERAGE DISTRICT TO CONSTRUCT , TNTAIN, OCCUPY AND OPERATE WASTE WATER TREATMENT FACILITIES CONSISTING OF FIVE BUILDINGS AND APPURTENANCES THERETO, AND ANY OTHER BUILDINGS AND AP- PURTENANCES WHICH MAY BE REQUIRED FOR THE FUTURE EXPAN- SION OF THE TREATMENT FACILITIES AT 50 FORT AVENUE. This is a direct appeal of the South Essex Sewerage District with respect to proposed construction, repair and maintenance of existing and proposed construction of additional facilities at 50 Fort Avenue , Salem, an R-1 Zoning District . The Petitioner was represented by Attorney Charles J . Panagopolous . The Petitioner seeks the Board ' s approval to construct , maintain, occupy and operate waste water treatment facilities consisting of five buildings and appurtenances thereto , as shown on plan submitted and made a part of the record of this hearing, and any other buildings and appurtenances which may be required for the future expansion of the treatment facilities or which may be required by the Commonwealth of Massachusetts or the United States Government , or any agencies thereof. The Building Inspector, by his letter dated April 10, 1973, addressed to Mr. Grinnell , of the South Essex Sewerage District , informed him of the Board ' s opinion that due to the re-zoning of the particular District in 1965 from Industrial to R-1 , that additional structures would be an expan- sion of a non-conformity requiring the Board of Appeals ' approval . The Building Inspector also requested that the Petitioner indicate all antic- ipated construction, both immediate and future , thereby eliminating the necessity of multiple Petitions . A hearing was held on May 14, 1973 , pursuant'-to notices mailed postpaid to the Petitioner, Board Members , abutters , abutters to abutters , and others , and advertisements were duly published in the Salem Evening News advising of this Public Hearing. Chairman John M. Gray, Sr. opened this meeting with Board Members Donald n Koleman, Arthur Labrecque , William Abbott , and Associate Member Warren b Baughn present . The Petitioner introduced the following information through its counsel. nd Petition: 1' . 1 . The said land abuts on the west , land of the New England Power Station which occupies a large area to generate electricity. - 2 - fA' - i' 2 . o On the east , the said land abuts land of the Natural Resources' Division of the Commonwealth of Massachusetts , and the buildings thereon are being used to operate a marine research laboratory. 3. The said land of the Petitioner is presently being used by it for a pumping station, an administrative building as a non-conforming use , and the construction of a new pumping station. The proposed buildings and facilities would expand this use . , 4. The proposed use is necessary to meet the demands of the Water Pollution Control Division of the Commonwealth and the Federal Environmental Protective Agency to construct new facilities for the needs of the area including the City of Salem for sewage disposal . The Petitioner has submitted herewith and made a part of this record , a plan drawn by Metcalf & Eddy, Engineers , which outlines in detail the pro- posed structures and their locations . The proposed structures consist of a grit building, sludge process building, influent building, primary settling tanks , effluent building, Scum building No . 1 , Scum Building No . 2 , operations and maintenance building, chlorination building and air release chamber building. Appearing with Attorney Panagopolous for the Petitioner was also Mr. Grinnell who signed the petition, and Mr. Challis from Metcalf & Eddy, Engineers . The Board discussed with three representatives of the South Essex Sewerage District location of the buildings , height , size , and use . An explanation also was given with re-spect to the height of the various structures and requirements under new clean air standards for control of emissions from smoke stacks and chimneys. After considering all of the material presented, the Board voted to grant the variance requested to construct , maintain, occupy, and operate waste water treatment facilities consisting of fivg buildings and appurtenances thereto, as shown on said plan, and any other buildings and appurtenances which may be required for the future expansion of the treatment facilities or which may be required by the Commonwealth of Massachusetts or the United States Government , or any agencies thereof, with a limitation with respect er to height of eighty (80) feet from ground level . � r t ti i►� v M r-rm THE BOARD VOTED UNANIbIOUSLY TO GRANT- THE VARIANCE. a: 4n C, F f9 CITY OF SALEM - - - BOARD OF Eas e • n 'O BY Actin.;,) Secretary ,1 4,GQ.urr, =i $ �' Chit ofI�m, r �x �acl��z �##s M ij rn flM C� - DECISION ON PETITION OF NICHOLAS XANTHAKY, TRUST m o XANTHAKY REALTY TRUST, 171-185 FORT AVENUE. T WILLIAM F. ABBOTT (7 JAMES H. BOULGER m � Lhi JosevH F. aorLE JOHN M. GRAY, SR. ARTHUR LABRECQUE 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 division of a parcel of land contain- ing 21 ,525 square feet it has owned since 1946 , and shown on a plan submitted and drawn by Thomas A. Appleton, C.E. , and dated October, 1923• Petitioner requests that this Board allow it to subdivide the tract of land containing 21 ,525 square feet and having a frontage of 220.75 feet on Fort Avenue into three separate lots as shown on the plan referred to above . The proposed subdivision will create three non-conforming lots with respect to the applicable density requirements of the Zoning Ordinance affecting lot area, lot width, lot coverage and distances to boundary lines . Pursuant to notices mailed postpaid to the Petitioner, his attorney, abutters , Board Members and others , and advertisements published in the Salem Evening News , a hearing was held on this appeal on December 18, 1972. Present at the hearing were Board Members William F. Abbott , Chairman John M. Gray, Sr. , *Donald Koleman, Esq. , Arthur Labrecque , and associate member Warren Baughn. Petitioner was represented by Counselor George P. Vallis , who appeared before . the Board and introduced the following evidence ; that the lot in question contains 21 ,525 square feet of land and has a 220.75 foot frontage on Fort Avenue ; said lot has been owned by Petitioner since 1946 and contains four separate buildings situated on three separate parcels within the described lot or tract of land as shown on a plan drawn by Thomas A. Appleton, C.E. , and dated October, 1923; that Petitioner has operated an amusement center thereon and that the Petitioner now desires to subdivide the tract into three separate lots in order that he may sell Lots A and C to one party and Lot B to another party; evidence was also introduced that the area in question is in a B2 zone , and that the area consists of what is known as the Salem Willows Amusement Park, that the above mentioned four separate buildings situated on the three parcels were existing and are nonconform- ing prior to the enactment of the Zoning Ordinance ; that separate lots , and C may referred to as A, B not be sold separately by the petitioner cable Zoning By-Law,without a variance from the apple g Y , that the Petitioner t B and C to the same party, that the Lots , A, able to sell lots A is un , s B, and C consist of separate amusement businesses , and that there would be substantial financial hardship to the Petitioner if he were unable to convey the lots separately; that the Petitioner does not plan to change the existing buildings or their locations on the lots , nor to increase the nonconformity in any other respect than that referred ,to herein. 2 _ The area in question being in a B-2 zone , does permit the various uses pres- 0tly engaged in on the premises . No one appeared in opposition. After carefully reviewing the evidence introduced, and being familiar with the site in question, the Board found that special conditions and circumstances exist which especially affect the land and buildings involved and that a literal enforcement of the provisions of the Ordinance would involve substantial hard- ship to the Petitioner and that a variance may be granted without substantial detriment to the public good and without nullifying or substantially derogat- ing from the intent or purposes of the Ordinance . APPEAL GRANTED CITY OF SALEM - - - BOARD OF APPEALS , W401 (Acting) Secretary n Z. 7 r - � ti�. ti n I � WILLIAM F. ABBOTT y� � , p yyyypppp y�qq qy nyyp rr��,�,,��99QQ����¢¢gqppp� ��yyp/y/yyy�g yI aTQ JOSEPH F. DOYLE b[ LQ83M1Pltt, .d.6L668].>' 66LbIN �A4D JOHN M. GRAY,SR. )s `� .r 11 ARTHUR E. LABRECOUE DEC �J p p IIarb.. Of Appeal DONALD KOLEMAN 1 f 43 , H / S- WARREN BAUGHN �11Yt V' DECEMBER 14, 1973 EMERY P. TANCH CITY 61is ic'S jfFiCE SALEPi,mASS, DECISION ON PETITION OF FRANK A. SUTTON TO INSTALL A SWIMMING POOL AT 24 FRANCIS ROAD. A hearing was held on this appeal on October 29 , 1973, pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters , abutters to abutters , and others , and advertisements were duly published in the Salem Evening News advising of this Public Hearing. Board Members present were Chairman John M. Gray, Sr. , Arthur Labr. ecque , Donald Koleman, William Abbott , and Associate Member Warren Baughn. Petitioner appeared and explained the case , the same as in the original appeal on file . No one appeared in opposition. The Board Members have the facts presented to the meeting, 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. Kunanimous vote , the Board has therefore voted to grant a Special Permit o 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 , and the rules and regulations of the City Building, Health, Electrical , and Police Departments , and the City Zoning Ordinance applicable to swimming pools . 4. A fence at least four feet high shall be installed and surround the perimeter of the pool itself; fence shall be constructed of pickets , or stockade or chain link type material ; RAIL FENCES SHALL NOT BE PERMITTED: 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 the water surface shall be provided for each seventy-five feet of perimeter; fence shall have only one opening, three feet maximum width. DECISION CONTINUED) - 2 -- i j. Pool shall be constructed of materials that will provide a structurally sound and tight tank with impervious surfaces that are easily cleaned. i No swimming pool or appurtenances thereto shall be installed or altered until a building permit has been obtained from the building Inspector. SPECIAL PERMIT GRANTED WITH CONDITIONS. Massachusetts Law requires that the attached Notice of Variance by the Board of Appeals shall be recorded by the Land Owner at the Registry of Deeds . uy CITY OF SALEM - - - - BOARD OF APPEALS , t . 0 P 4 to 'n'd 7 zr BY w UA Acting Secretary V y N F rc�2nr wnunM E. aoeon' / �� l \ j� •} �i GL1Lb"9 f[AIX6b ilbi�(. _ `�p_ � JOSEPH E. Y,E 1 tf-1 ••�� t lA.'.}/(}pry> Yp'f(aTO�j ST - JOHN M GRAY, SR. t6% Jlr.�. 1 ARTHUR E tABRECQUE DECt II�il'� �yttj DONALD KOIEMAN I • 43 Lp ®7 -� WARREN BAUGHN iDECEMBER 14, 1973 EMERY P. TANCN CITY CL ;<<t'S JFFICE Mum,mass. DECISION ON PETITION OF STANLEY tORNSTEIN TO 1NSTALL A SWIMMING POOL AT 14 GABLES CIRCLE. A hearing was held on this appeal on October 29, 1973, pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters , abutters to abutters , and others , and advertisements, were duly published in the Salem Evening News advising of this Public Hearing. Board Members present were Chairman John M. Gray, Sr. , Arthur Labrecque , Donald Koleman, William Abbott , and Associate Member Warren Baughn. Petitioner appeared and explained the case , the same as in the original appeal on file . No one appeared in opposition. The Board Members have the facts presented to the meeting, 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 voted to grant a Special Permit *o 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 3• dan e with the General Laws of the Commonwealth of Massachusetts , and the rules and regulations of the City Building, Health, Electrical , and Police Departments , and the City Zoning Ordinance applicable to swimming pools . 4. A fence at least four feet high shall be installed and surround the perimeter of the pool itself; fence shall be constructed of pickets , ' or stockade or chain link type material ; RAIL FENCES SHALL NOT BE PERMITTED: 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 the water surface shall be provided for each seventy-five feet of perimeter; fence shall have only one opening, three feet maximum width. t (DECISION CONTINUED) 2 '$. Pool shall be constructed of materials that will provide a structurally sound and tight tank with impervious surfaces that are easily cleaned. No swimming pool or appurtenances thereto shall be installed or altered until a building permit has been obtained from the building Inspector. SPECIAL PERMIT GRANTED WITIi CONDITIONS . Massachusetts Law requires that the attached Notice of Variance by the Board of Appeals shall be recorded by the Land Owner at the Registry of Deeds . C. W CITY OF SALEM - - BOARD OF APPEALS, W y zr U oBY r- Yus W Acting Secretary ° e r� v • /,C6 D11� WILLIAM E. ABBOTT pL� �g7ly� TP �p ypR JOSEPH E. DO'YLE `+SJ o• �le ' �E16C4��E4�ilbi�� � JOHN M. GRAY. 5R. 3 Il L, = i ARTHUR E LA ORECgUE A 1 t 7 ourbi EMI DONALD KOLEMAN APR 11 `i lE F�� �r3 WARREN BAUGHN EMERY P.TANCH EW ION:(QNJJ$WTION FOR SPECIAL PERMIT TO INSTALL SWI kEA, NAI $: PETITIONER - - A. J. FRISCH, 30 GABLES CIRCLE. A hearing was held on this appeal on April 9, 1973, pursuant to notices mailed postpaid to the petitioner, board members , abutters , and others, and advertisements were duly published in the Salem Evening News, advis- ing of this Public Hearing. JN Present at this hearing were Board Members Donald Koleman, Arthur Labrecque , Warren Baughn, William F. Abbott , and Chairman John M. Gray, Sr. Petitioner appeared and explained the case the same as in the original appeal on file. No one appeared in opposition. 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. OT'v 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 Zoning Ordinance. 4. A fence at least four feet high shall be installed and surround the perimeter of the pool itself; fence shall be constructed of pickets , or stockade or chain link type material ; rail fences shall not be permitted; 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, 1-edge or standup area, not over three feet below water surface shall be provided for each seven- ty five feet of perimeter; fence shall have only one opening, three feet maximum width. 2 _ 5• Pool shall be constructed of materials that will provide a structur- ally sound and tight t:'nk 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. SPECIAL PERMIT GRANTED WITH CONDITIONS. CITY OF SALEM - - - BOARD OF APPEALS , } (Acting) Secretag3z x rr RYt` ! Or, r1i Y G N C - O N T y • � r m .,> DECISION ON PETITION OF GILBERT J. & SHIRLEY A. FONTAINE �J TO INSTALL AN ABOVE GROUND SWIMMING POOL AT 26 GALLOWS iyH�ILL ROAD. ILEARING - MAY 30L 1974 �`�;�Y'�` /.9/ -X-717/u WILLIAM F. ABBOTT ,y¢` p /� JOSEPH F. DOYLE �i? i Ci41i9 GiU]JULLI,A4.UG4A6.' R e C E I V E @"JHN M. GRAY, SR. U --� `� Ib ll.. 11 ARTHUR E. LABRECOUE ,��pry� i ,L A �yy 1 /��� p7la$ OIEMAN .lb ri� Dl IIarb of �ppeal JUS. iL 0`, atI74AUGHN _ CITY ee iAA;�rF�,Nl,,�:�;; fftCE C17Y GLc;i ii'„ ur ffc TA NCH A hearing was"heYa�-%_M# _appeal on May 30, 1974, pursuk t'�A§dtices mailed postpaid to the Petitioner, Board Members , abutters , abutters to abutters , and others and advertisements were duly published in the Salem Evening News advising of this Public Hearing. Board members present were Chairman John M. Gray, Sr. , Arthur Labrecque , Donald Koleman, William Abbott , and Associate Member Warren Baughn. Petition appeared and explained the case , the same as in the original appeal on file . Doris Boghasion appeared - not opposed. No one appeared in opposition. The Board Members have the facts presented to the meeting, 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 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. k 3. Pool shall be constructed and maintained in accordance with the General Laws of the Commonwealth of Massachusetts , and the rules and regulations of the City Building, Health, Electrical , and Police Departments , and the City Zoning Ordinance applicable to swimming pools . ' 4. A fence at least four feet high shall be installed and surround the perimeter of the pool itself; fence shall be constructed of pickets , or stockade or chain link type material; RAIL FENCES SHALL NOT BE PERMITTED: 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 the 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. SPECIAL PERMIT_GRANTED WITH CONDITIONS . '� ----— Massachusetts Law requires that the attached notice of Variance by the Board of Appeal shall be recorded by the Land Owner at the Registry of Deeds . CITY OF SALEM - - BOARD OF APPEAL BY Acting SecreLacy cmv �• YL - WILLIAM F. ABBOTT p t` �.(��E��E /{.�,� JOSEPH F. DOYLE V R.E C E N City of tt1Pm, w'J.4 assur4useffa JOHN M.GRAY,SR. z An LJ 22 PH '73 fill Iy�� �L ARTHUR E. LABRECOUE `s /A4IKII .� � DONALD KOLEMAN LMB+E lP TT WARREN BAUGHN CITY Cir 1 h Or FICE EMERY P. TANCH SALEMF MASS. DECISION ON PETITION OF PIETRO THEOPHILOPOULOS TO ERECT AN ADDITION TO EXISTING STRUCTURE AT 5 GREEN LEDGE STREET TO PROVIDE DAY NURSERY AND FOR A VARIANCE FROM THE APPLICABLE TERMS OF THE CITY ZONING ORDINANCE AFFECTING REAR YARD SETBACK. The Inspector of Buildings refused to issue a permit to alter an exist- ing structure by erecting an addition thereon at #5 Green Ledge Street. This area is zoned B-2, Highway Business. The Inspector of Buildings refused to issue the permit for the stated reason that "this area is zoned B-2 , Highway Business , and the City Ordinance requires a setback from rear boundaries in these districts of 30 feet" . The Petitioner' s plan shows a distance of ten feet to the rear boundary line. Appeal was made to the Board of Appeals for a variance from the density requirements affecting rear yard setback. A hearing was held on March 5, 1973, pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters, abutters to abutters, and • others , and advertisements were duly published in the Salem Evening News , advising of this Public Hearing. The Petitioner appeared and requested a variance from the Zoning By-Law with respect to rear lot setback in a B-2 business district. The Peti- tioner stated that the proposed new addition would be added to an exist- ing one-story building; the rear of the proposed addition would be in line with the existing one-story building; the existing building has a setback from the rear property line similar to the proposed new addition. The use is a permitted use for this district. Appearing in favor of granting this appeal were Mr. and Mrs. Keriakos and the Ward Councillor, Joseph Ingemi. Mr. John Plaisted and Stutz Plaisted appeared in opposition. After hearing all of the evidence , the Board found that the granting of a variance to erect the proposed structure of 50' x 40' would not be contrary to the public interest, and that owing to special conditions , a literal enforcement of the Ordinance would result in substantial hardship; the Board additionally finds that special conditions and circumstances exist which especially affect the land and the building involved, and that relief in the form of a variance may be granted without substantial detriment to the public good and area, and without nuliifying and sub- stantially derogating from the intent and purpose of the Ordinance. VARIANCE GRANTED. CITY OF SALEM - - BOARD OF APPEALS, I BY 0&&*M;2t0 Acting Secretary � y-7 (/�� yyy}}} �y qy� �����{{����y{y{�} �y �t 1T WILLIAM F. ABBOTT �if i � 221PI1t� .J'.Y�2I$I$tTE bI$P S- JOHN F. RAYLE, 7 11.. JOHN M.GRAY,SR. i may2var, 1 �f ARTHUR E. LABRECOUE.,.- 4•/ eS b X11 ��Pttl DONALD KOLEMAN _ WARREN BAUGHN EMERY P. TANCH PETITIONER - PAUL BALIOTIS, LOCATION - 12 GREENWAY ROAD. DECISION ON PETITION FOR SPECIAL PERMIT TO INSTALL SWIMMING POOL. A hearing was held on thAs appeal on May 16, 19'73, pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters , abutters to abutters, and others , and advertisements were duly published in the Salem Evening News , advising of this Public Hearing. Board Members present were William F. Abbott , Donald Koleman, Arthur Labrecque , and Associate Member Warren Baughn who was authorized to repres- ent an absent member for this meeting. Petitioner appeared and explained the case the same as in the original appeal on file . No one appeared in opposition. The Board Members have the facts presented to the meeting, together with a plot plan showing location of 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 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 , and the rules and regulations of the City Building, Health, Electrical, Police , Departments , and Zoning Ordinance , applicable to swimming pools . 4. A fence at least four feet high shall be installed and surround the perimeter of the pool itself; fence shall be constructed of - pickets , or stockade , or chain link type material; rail fences shall not be permitted; the fence shall have a locking device and a closing device 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 perimeter; fence shall have only one opening, three feet I � maximum width. � I i (DECISION CONTINUED 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. SPECIAL PERMIT GRANTED WITH CONDITIONS. (Laws of the Commonwealth of Massachusetts require that the attached notice of the granting of a Special Permit by the Board of Appeals be recorded by the Land Owner at the Registry of Deeds) . CITY OF �SSAALEM - - - BOARD OF APPEALS, .,BY (Acting) Secretary �✓ t . j e r� I. 1l WILLIAM F. ABBOTT y� 9� of t* yyy $f }� JOSEPH F. DOYLE µX�;b`� �+ ��+� �� � JOHN M. GRAY.SR. as �Z ARTHUR E. LABRECOUE nttrb of �Vpettl DONALD KOLEMAN WARREN tlA.UGMN EMERY P. TANCH DECISION ON PETITION FOR SPECIAL PERMIT TO INSTALL SWIMMING POOL: PETITIONER - - RAYMOND ST. CYR, 11 HARTFORD STREET. A hearing was held on this appeal on April 9, 1973, pursuant to notices mailed postpaid to the petitioner, board members, abutters, and others , and advertisements were duly published in the Salem Evening News , advis- ing of this Public Hearing. x Present at this hearing were Board Members Donald Koleman, Arthur Labrecque, Warren Baughn, William F. Abbott , and Chairman John M. Gray, Sr. Petitioner appeared and explained the case the same as in the original appeal on file. No one appeared in opposition. 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. y unanimous vote, the Board has therefore voted to grant a Special Permit �f;o 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. A fence at least four feet high shall be installed and surround the perimeter of the pool itself; fence shall be constructed of pickets , or stockade or chain link type material; rail fences shall not be permitted; 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 f even- 111G. V ty five feet of perimeter; fence shall have onJW1p_M q�aer�� . three feet maximum width. fly Nd sr � f. l �dg 03A13338 r' 2 - 5. Pool shall be constructed of materials that will- provide a structur- ally 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 PERMIT GRANTED WITH CONDITIONS. CITY OF SALEM - - - BOARD OF APPEALS, 0. ag4ve (Acting) Secretary co_< _ a� .. < s' m m 4ss_ Z v f Fe h - - 3 ar/ \ Ota of �zZvm, ttc {�t e # � � RECEIVED e � u7rb of car eat JA1d 4 za PN '73 CITWILLIAM, =. ABBOTT DECISION ON PETITION OF RICHARD AND JOAN PICONE �. �trOdt_L'yFICE JC5EPH F. DO'ILE M, MASS. Jr,;4 M GRAY SR THE FIRST FLOOR PREMISES AT #6 HAWTHORNE BOULEVARD TO ARTHUR E. LA86E000E PROVIDE THE SERVICE OF A TEA HOUSE AND SANDWICH SHOP. . DO;JALD ROLEMAN WARREN SAUGHN EMERY P. TANCH Petitioners appealed to the Board of Appeals to vary the applicable terms of the City Zoning Ordinance to permit the use of the first floor premises at #6 Hawthorne Boulevard to 'provide the service of a tea house and sandwich shop to the general public . Pursuant to notices mailed postpaid to the petitioners , their attorney, abutters , Board Members , and others , and advertisements published in the Salem Evening News , a hearing was held on this appeal on November 20, 1972• Present at the hearing were Board Members William F. Abbott , Chairman John M. Gray, Sr. , Donald Koleman, and Associate Member Warren Baughn. The Petitioners were represented by Counselor John R. Serafini, who appeared 400efore the Board and introduced the following evidence : that the building in question is a two-family structure situated at #6 Hawthorne Boulevard; that the Petitioners desire to maintain the present building in its present state with some minor alterations and repairs so that the first floor can be used for the operation of a tea house and sandwich shop as outlined on the plan herewith submitted, the second floor of said premises to remain residential . Evidence was also introduced that both Petitioners , Richard Picone and his wife Joan Picone , had experience in the operation of a tea house and sand- wick shop ; that the area in question is close to commercial areas and that there appeared to be a need for this type of service in this particular area. It was also introduced that to continue to utilize the premises as a two- family dwelling would impose a serious hardship on the Petitioners , that the building and the land area were such that the building could not be expanded to accommodate further apartments , thus causing an additional hardship to the petitioners , and that if the present plans submitted were followed by I _ z fhe Petitioners , that the building would be restored and attractively set orth in keeping with other buildings in the area. The Petitioners agreed that they would follow the plans insofar as recommended restoration and renovation were concerned. No one appeared in opposition. After carefully going over all the evidence introduced and being familiar with the site in question, the Board voted to unanimously grant the Petitioner the variance as requested so as to permit the premises at #6 Hawthorne Boulevard to be used on the first floor of said premises , for the operation of a tea house and sandwich shop, and that the Petitioners be permitted to renovate , and make the alterations as shown on the plan submitted with said application. APPEAL GRANTED. CITY OF SALEM - - BOARD OF APPEALS, a®® 0 BYfde — (Acting) Secretary M UJ U- Ej W - W - Ct: J J � V WILLIAM F. ABBOTT c JOSEPH F. DOYLE RECEIYEDa t J IIf aleni,, assn fuse##s JOHN M.GRAY,SR. ARTHUR E. LABRECOUE J ' w � 5 SAY 6 32 PN 73 'curb '"' DONALD KOLEMAN WARREN BAUGHN CIT h � J�II FPETITON OF THE LOYAL ORDER OF MOOSE, INC . EMERY P. TANCH -fi` 2Se[ ADDITION TO EXISTING STRUCTURE AT 319 HIGHLAND AVENUE, TO PROVIDE ENLARGED FUNCTION AREAS. The Inspector of Buildings refused to issue a permit to erect an addition to the lodge building at #319 Highland Avenue , Salem, belonging to the Loyal Order of Moose , Inc . , and situated in a B-2 district. A hearing was held on this appeal on April 17, 1973, pursuant to notices mailed post- paid to the Petitioners , Board Members, abutters, abutters to abutters , and others, and advertisements were duly published in the Salem Evening News, advising of this Public Hearing. Present at this hearing were Board Members Donald Koleman, Arthur Labrecque , William Abbott, and Associate Member Warren Baugh, with Chairman John M. Gray, Sr. presiding. The Petitioners were represented by the Lodge Governor, Maurice Maney, of 43 Boston Street, Salem, Massachusetts, who presented the following evidence : Appeal is made to the Board for the granting of a variance to allow the con- struction of an addition, and thereby the expansion of an existing nonconform- ing use; the operation of a club is not a permitted use within the B-2, Highway Business , district. Over the last several years , membership of the Lodge has doubled. For many years , the Lodge has exhibited concern for the public on many occasions by providing the use of its building and resources without charge to entertain the .elderly and handicapped members of the public , and has been concerned with the general welfare of the community. Councillor Michael Ruane spoke in favor of the Petition, explaining to the Board that he has had close personal contact with the members of the Lodge, and related that the Lodge has been most gracious to the people of Salem by opening its doors for many functions for the elderly and for the retarded; that 5,000 people , including the elderly, have been guests of the Lodge , and meals have been furnished to them at no cost. Councillor Joseph Ingemi wished - 2 to be recorded in favor of the granting of the variance, and recalled the fine ,..,lie service provided by the Lodge with its free kitchen facilities for func- tions for the elderly. Mr. Maney spoke of the particular hardship of the Lodge, ' due to its lack of space, and indicated that at its last function for the elderly, they were unable to accommodate more than one hundred fifty 150) people. Further evidence was introduced concerning the area in which the Lodge is located and that the expansion of the Lodge through the building of an addition, would not adversely affect either the neighbors of this B-2 district or the neighborhood. After studying all of the 'facts presented in this case, the Board found that the granting of a variance to erect an addition to the existing Lodge structure , although an expansion of a non-conforming use, would not be contrary to the public interest, and that owing to special conditions, a literal enforcement of the Ordinance would result in an unnecessary hardship; the Board further f- 0 id that special conditions and circumstances exist which especially affect the land and building thereon, and that relief in the form of a variance may be granted without substantial detriment to the public good and area, and without nullifying or substantially derogating from the intent and purposes of the Ordinance, and for these reasons, voted unanimously to grant the variance as requested. CITY )OFFSSALEM - - - BOARD OFF APPEALS, BY (Acting) Secretary 'SSdW 'W3lVS �!. Nd EE 9 U3A1333a �! �� �-x __'`- ----. �-- i �'� "gG0�7�a$• WILLIAM F?ABBOTT p L, @(��,� y� ,q �} ,y�yq �9�{�pg}q�y{��g yw[L.��qg �gF 1pp JOSEPH F. DOYLE 3\C C t.I Le'[l� yJ of allom, .d'.516lAssac8l.L6sdis' JOHN M. GRAY.SR. 1, 111 ARTHUR E. LABRECOUE tr4 e UE 1+ (l J V.i " '73 Poarb of `M}"j] prat DONALD KOLEMAN L • ��_` �,.�! - WARREN BAUGHN EMERY P. TANCH RSILYA .t)t-Al� OffIV,ORENCE DAVIDSON FROM DENIAL OF S 11WkON FOR BUILDING PERMIT AND HER REQUEST TO VARY TERMS OF SALEM ZONING ORDINANCE. Miss Florence Davidson, through Sumner E. Raymond, her conservator, appointed on September 12, 1973 by the Probate Court of Essex County on account of her physical disability, petitioned the Board of Appeals to vary the terms of the Salem Zoning Ordinance insofar as it affects a parcel of land containing her dwelling liouse ,, being Number 12 Holly Street , an R-2 , two-family residential district. As is hereinafter set forth, Miss Davidson desires to divide her said parcel into two lots making the unoccupied lot available for constructing a two-family house. A hearing on this matter was held on October 29 , 1973 , pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters , abutters to abutters and others , and advertisements were duly published in the Salem Evening News advising of this Public Hearing. Present were Chairman John M. Gray, Sr. , William Abbott , Arthur Labrecque , Donald Koleman, and Associate Member, Warren Baughn. he parcel is rectangular in shape containing 11+, 339 square feet , with a I rontage of 152. 18 feet, westerly side line of 94. 18 feet , easterly side line of 93. 67 feet , and northerly rear line of 153. 16 feet. This single family dwelling was erected shortly after the Salem fire in about 1916 and prior to the enactment of a zoning ordinance in the City of Salem. The house was placed, as was legally permissible at the time , in its present location which is approximately in the middle of the lot , the then owner having no possible forewarning or foreknowledge of future limitations of any zoning ordinance . The easterly wall_ of the house is about 50 feet from the easterly lot line and its westerly wall is about 60 feet from the westerly lot line . There is a setback at the rear of the house of approximately 40 feet and at the front of approximately 8 feet. Under the present zoning ordinance , the zoning district ITT the City where this lot is located is an 11R-2 Residential District" which permits two- family houses . Insofar as it is here material , the following zoning regular tions apply: F___1 Minimum lot area 7 ,000 square feet, mi_ni.mum lot area per dwelling unit 3 , 500 square feet , minimum lot width 6.0 feet , minimum depth for front yard 15 feet , minimum width of side yard 10 feet , and minimum depth of rear yard 30 feet. A registered land surveyor has divided Miss Davidson' s lot into Lot A and Lot B. Said plan being on file with the Board of Appeals , a copy of which is attached hereto ) . Miss Davidson' s house is located on Lot A which con- Mains 9 ,081 square feet , frontage 9.6 .68 feet , easterly side line 93. 67 feet , therly rear line 96.89 feet , and westerly side line 93. 99 feet ; the set- _k from westerly side line is 10 feet , the setback from easterly side line s 50 feet and the rear set back is 40 feet. 2 _ On Lot B it is proposed to build a two-family house , for which a building permit has been denied. Lot B contains 5 , 258 square feet , frontage 55. 50 feet , easterly side line 93. 99 feet , northerly rear line 56 . 27 feet , wes- •! erly side line 94. 18 feet ; setback of proposed house from easterly s;_de line 10 feet , from westerly side line 10 feet , from front line 20 feet , and from rear line 45 feet. Said Lot B is in all respects in strict compliance with the present zoning ordinance except that its frontage will be 42 feet short of the frontage required and its area instead of being 7 ,000 square feet will be 5,258 square feet . The picture of the neighborhood density in the district as it now relates -. - to Miss Davidson' s property and as it will appear on the granting of the variance as requested, is as follows : Holly Street is a short street with houses on every lot, most of them being built for two or three families . All of the house lots are small except for Miss Davidson' s which is huge by, comparison . Hazel Street which is here- inafter referred to intersects the westerly end of Holly Street and the street numbers on Hazel Street hereinafter referred to , are of houses close to Holly Street . In the analysis which follows lots are referred to thus "Lot 271 (12 ) " . The first number following the word "Lot" is the number on the Tax Assessors ' plan, a copy of which is attached, and the second niunber (in parentheses) is the street number of the house. Holly Street - Lot Area Statistics •iss Davidson' s Lot 271 (12 ) is big enough to contain Lot 314 �11�, Lot 313 '9) , Lot 312 (7) on Holly Street and Lot 292 (5) on Hazel Street with 812 feet to spare . The area of Miss Davidson' s Lot 271 (12 ) is so big that it could contain Lot 276 (2) , Lot 275 (22) , Lot 272 (8) Holly Street and Lot 291 at 3 Hazel Street . Miss Davidson' s Lot 277 (12) is so large that it will contain any two lots on Holly Street and, with two exceptions , will contain any two lot's on Holly Street with thousands of feet to spare. After Lot B has been approved, there will be twenty lots on Holly Street and Lot B will be larger in area than fifteen of these twenty lots . Aside from Miss Davidson' s Lot , 271 (12) , there is not now one lot on holly Street which has an area of 7 ,000 feet . Right now, aside from Miss Davidson' s lot, the average area of the other eighteen lots on Holly Street is 4, 889 feet . In other words the average shortage of area when compared with the ordinance requirement is 2, 111 square feet. Frontage As far as frontage is concerned , Miss Davidson' s Lot 271 (12) has a frontage which exceeds the combined frontage of the next two biggest lots on the treet. F 3 Miss Davidson' s Lot 271 (12 ) has a frontage that exceeds the combined frontage of Lot 275 (22) , Lot 276 (2) , and Lot 314 (11) , with 33 feet to spare . .Kiss Davidson' s Lot 271 (12) has a frontage which is equal to the combined frontage of Lot 274 (4) , Lot 275 (22) and Lot 276 (2) . Miss Davidson' s Lot 271 (12) has at least twice the frontage of the combination of the frontage of any two lots on the street. Miss Davidson' s Lot 271 (12) exceeds by nine feet the combined frontage of four lots in the area - Lot 275 (22) and Lot 276 (2) on Holly Street, Lot 291 (3) and Lot 292 (5) on Hazel Street. After Miss Davidson' s Lot B is established, g its frontage of 55. 50 feet will be only 42 feet short of the ordinance requirement of 60 feet. The frontage of 55. 50 feet of Lot B when established will exceed that of eight other lots of the twenty lots on Holly Street . Set Backs As is clearly indicated by examining the attached Tax Assessors ' map, , very few buildings on Holly Street comply with the present ordinance regulatory side , front or rear setback. The dwelling house proposed by Miss Davidson for Lot B will be one of the few buildings on the street which in all respects will comply with the pres- ent zoning ordinance regulatory set backs. t is a fact that Miss Davidson' s lot is of adequate size to permit its division into two lots which can legally contain two , two-family houses which will in all respects comply with the present zoning ordinance . This could, as a matter of legal right , be accomplished in either of three ways : 1. Demolish the present house and establish a dividing line for Lot A and Lot B so that each lot would have adequate frontage and area. Actually each lot would have an area of 7 ,164 square feet . and a frontage of 76 . 09 feet if the line were drawn in the middle , i .e. an excess of 169 square feet of area for each lot and an excess of frontage of 6. 09 feet for each lot . 2. Move the present house a distance of 22 feet to the east so that as moved there could be Lots A and B exactly as pointed out in ' Item 1 just described above with the present house on Lot A and with Lot B available for building as proposed. 3. So as to give Lot B the 42 feet of frontage that it lacks , take that much frontage from the westerly end of Lot A. This would involve reconstructing the westerly side of the present house by removing 42 feet from westerly wall of the house and rewall- ing the building as thus narrowed thereafter to give Lot B the additional required area, transfer 1.74.2 square feet from the rear and side of Lot A to Lot B. . A - 4 - The performance of any one of these proposals is economically and practicably absurd, but suggesting them serves to illustrate exactly the hardship which •the legislature had in mind when in the language of the Statute , General Laws Chapter 26 , Sec . 5A) and adopted in the Salem Zoning Ordinance (Section 10, pg. 49) it said: "Where owing to conditions especially affecting such parcel or such building but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the ordinance would involve substantial hardship, financial or otherwise , to the appellant" , the Board of Appeals is authorized to grant a variance . This large , open lot of 14,339 square feet, on a street with many residents living on small lots and in a general area teeming with active youngsters , creates a condition especially affecting this lot , but none other. It causes this lot in effect to be an attractive nuisance which results in excessive costs for policing, prevention of vandalism and unintentional damage , broken fences and the like , to say nothing of possible injury to trespassers and passersby. This , too , constitutes a substantial hardship, financial or otherwise , to the appellant lot , but to none other in the area. If, because of a literal enforcement of the zoning ordinance , it is impossible to use this large tract of land for additional residential purposes , it has or may become an unsightly and undesirable litter area , an area covered -with un.- mowed, dry grass , piles of dry leaves and debris , constituting a fire hazard to Miss Davidson and to others to whom she might be liable and causing loss and expense to the petitioner in maintaining it. There is also the perennial expense of sidewalk clearance of ice and snow required by City ordinance. All of these features constitute conditions especially affecting this parcel 10>ut not affecting generally the zoning district in which it is located, with the result that a literal enforcement of the zoning ordinance would involve substantial hardship, financial or otherwise , to the appellant . This whole area of Holly Street and surrounding territory is a neighborhood of small compact lots economically oriented to low operation costs , yet with an income potential equal or better than that of Miss Davidson. This is be- cause owners of these lots or their predecessors in title prior to or since the zoning ordinance minimized the sizes of their 'lots . To require Miss Davidson to maintain the oversized lot which she now owns with no hope of economic .recoupment is another reason for finding that she is sustaining a substantial hardship, financial or otherwise , unlike any other lot owner in the district . For the reasons stated, this variance as requested has been granted as it is clearly evident from a description of the circumstances of the case that it has been demonstrated that : a. special conditions and circumstances exist which especially affect the land, building, or structure involved and which are not gener- ally affecting other lands , buildings , and structures in the same district; b. literal enforcement of the provisions of. this Ordinance would in- volve substantial hardship, financial ' or otherwise , to the appellant ; and I - 5 - C . desirable relief may be granted without substantial detriment to the • public good and without nullifying or substantially derogating from the intent of the district or the purposes of this Ordinance . The request made in the Petitioner' s application for a permit to construct on designated Lot A, fourteen parking spaces f6r rental purposes is denied. CITY OF SALEM - - BOARD OF APPEALS , c,y us cs (Acting)' Secretary 0 WUj u_ ••!J Cj:: _S /J;3 r W r a v • S ?/ WIW M F. AEUOTT ( ( L{� y �� �ly.,i q{F^ y�y F gq yp qg�+{(. �''a F,t. JOSEPH . DOYLE 7 li77 l.tl�f{.;i{ Tim of �L�btr��!..bi$ /-��64.N7J6dbE�8f��i•.F..S„bp- IOHNM GRAY. SR. ARTHUR E LABRECG'UE p O �7 •7 DONALD kO.E//CN O W RRJ BUGHt CITY FfRY P. TANCR SALM MASS. PETITIONER. - ROLAND PTNAL'T T, LOCATION - 23 HORTON STREET. DECISION ON PETITION FOR SPECIAL PERMIT TO INSTALL SWIM SING DOOL hearing was held on this appeal on. August 13 , 1973 , pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters , abutters to abutters , and others , and advertisements were duly published in the Salem Evening News , advising of this Public Hearing. Board Members present were Chairman John M. Gray, Sr. , William F. Abbott ; Donald Koleman, Arthur Labrecque , and Associate Member Warren baugein.. Petitioner appeared and explained the case the same as in the original appeal on. file . No one appeared in opposition. The Board Members have the facts presented to the meeting, 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. Oy unanimous vote , the Board has therefore" iroted to grant a. Special Permit to install and maintain said pool as requested, subject to the following 4 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 , and the rules aS�Ci regula- tions of the City Building, Health, Electrical , and. Police Departments , and the City Zoning Ordinance , applicable to Swimming Pools . 4. A fence at least four feet high shall be installed and surround the perimeter of the pool itself; fence shall be constructed of pickets , or stockade , or chain link. type material ; rail fences shall not be permitted; 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 stan.dup .a:rea, not over three feet below the water surface shall be provided for each seventy-five feet of perimeter; fence shall have only on.e opening, three feet maximum width. E (DECISIO : CONTINUED) 2 - 5 Pool shall be constructed of materials that will provide a structurally sound and tight tank with impervious surfaces that are easily cleamea. No swii-ming pool or appurtenances thereto shall be installed or altered -• until a building permit has been obtained from the building Inspector. SPECIAL PERMIT GRANTED IVTTI-I CONDITIONS . Massachusetts Law requires that the attached Notice of Variance by the Board of Appeals shall be recorded by the Land Owner at the Registry of Deeds . CITY OF SALEM - - - - BOARD Or APPEALS, Acting Secretary R d� i3 y} ��qq }}p �9-��//KKqq,,ppV�g@yyppyyn JOSEPH F. DOWE j' ''}.cit Cnafs9• of afem, 41auiurl BIZ ffik JOHN M. GRAY, SR. I� �a: L•, J .,yy,s,syyn yy� nn 1e )) ARTHUR E. IAeRECQUE {w�Varb Ac.ysaIGLYM WNALD KOLEIAAN • �\tp. a.•• e ` ll.• I ! WARREN 9AUGHN EMERY R. TANCH PETITIONER - PETER BOVIO LOCATION - 27 JAPONICA STREET DECISION ON PETITION FOR SPECIAL PERMIT TO INSTALL SWIMMING POOL. A hearing was held on this appeal on June 20 , 1973 , pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters , abutters to abutters , and others , and adveetisements were duly published in the Salem Evening News, advising of this Public Hearing. Board Members present were 'Chairman John M. Gray, Sr. , William F. Abbott , Donald Koleman, Arthur Labrecqu.e , and Associate Member Warren Baughn. Petitioner appeared and explained the case the same as in the original appeal on file . No one appeared in opposition. The Board Members have the facts presented to the meeting, together with a plot plan showing location of 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 . 013y 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 , and the rules and regulations of the City Building, Health, Electrical , Police Departments , and the City . Zoning Ordinance , applicable to Swimming Pools . 4. A fence at least four feet high shall be installed and surround the perimeter of the pool itself; fence shall be constructed of pickets , or stockade , or chain link type material ; rail fences shall not be permitted_: 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 the water surface shall be provided for each seventy-five feet of perimeter; fence shall have only one opening, three feet maximum width. DECISION CONTINUED F 5. Pool shall be constructed of materials that will provide a structural.l: sound and tight tank with impervious surfaces that are easily cleaned, 6 . No swimming pool or appurtenances thereto shall be installed or alterec until a building permit has been obtained from the Building Inspector. SPECIAL PERINIIT GRANTED WITH CONDITIONS. r r Laws of the Commonwealth of Massachusetts require that the attached notice of the granting of a Special Permit by the Board of Appeals be recorded by the Land Owner at the Registry of Deeds ) . i CITY OF SALEM - - - BOARD OF APPEALS, BY Acting Secretary „ ���jy�y� �{rY{y�' n WILLIAM F. ABBOTT �0 RE CF. I $ ofttlEm, .rJ.11"K �RLl�.N�L ��. JOSEPH F. UOYIE l.. JOHN M. GRAY,SR. ARTHUR E. LABRECOUE �Y�lSRfGUe.iE ' $ ,JUL ' I 44 PM X73 evarb of � pP`al DONALD BAUGHKOLEMN WARREN AUGHN EMERY P. TANCH CITY CLciiK'$ OFFICE SALEMFMXM ISION ON PETITION OF PETER MC SWIGGIN: TO ERECT A TWO-STORY ADDITION TO EXISTINGING DWELLING AT 30 JAPONICA STREET. This is an appeal from the decision of the Building Inspector, who refused to issue a permit to ergct a two-story addition to an existing dwelling at 30 Japonica Street , Salem, Massachusetts . The Building Inspector, in his letter of refusal to issue the permit cited the following reasons for his refusal : "The lot is undersized with inadequate frontage, and is further non-conforming with regard to front and side yard setbacks . The construc- tion of the proposed addition would increase the non-conformity as you would be in violation of the rear yard required distance to the boundary line" . The Building Inspector also informed the Appellant of his right to appeal to the Board of Appeals . A hearing was held on this appeal on June 25, 1973, pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters , abutters to abutters , and others , and advertisements were duly published in the Salem Evening News advising of this Public Hearing. Chairman John M. Gray, Sr. opened this meeting with Board Members Donald Koleman, Arthur Labrecque , William Abbott, and Associate Member Warren Baughn, present. The following evidence was presented by the Petitioner, Peter McSwiggin: A plot plan prepared for Peter McSwiggin, argil dated March 19 , 1973, prepared by Essex Survey Service, Inc . , was presented and made a part of the record. The Petitioner states ' hat he wishes to erect a two-story-addition to the dwelling at 30 Japonica Street, Salem. The Petitioner states that his family has grown and their home is presently too small for their needs and that the erection of a 16 ' x 16 ' addition to the back of the existing " dwelling would provide extra space needed for his family. The first floor of his addition would be used as a family room. The 6econd floor of the addition would be used as a bedroom. The Petitioner states that he noL,, has three children and not enough, bedrooms. 2 - MC SWIGGIN DECISION: (cont ' d. ) 4161 After reviewing ca-refully the plot plan submitted and considering the evidence presented by the Petitioner, the Board finds that it may grant a variance from the applicable terms of the •Zoning Ordinance with respect to increasing the non- conformity by the erection of a two-story addition. The Board, however, places a condition on the granting of a variance in tliis matter by requiring that the erection of any addition in accordance with the plans submitted be at least five (5) feet away from the property line between lots 39 and 40. The Board finds that it may grant the variance requested by the Petitioner. with the above-stated condition and that the relief sought through the variance may be granted without substantial detriment to the public good or without nullifying or substantially derogating from the intent of the District or the purposes of the Ordinance and -+hat special conditions exist which especially affect the shape and size of the land and the building thereon which do not generally affect other buildings in the same District and that a 1i `eral enforcement of the provisions of the Zoning By-Law, would cause substantial hardship to the Appellant . - Board voted unanimously to grant the variance . C�r Up CITY OF SALEM - - - BOARD OF APPEALS ..7 w 0. n //�,'t" {i ��Imo• � m BY y _ J (Acting) Secretary Y� J f� y 1 �1 WILLIAM F. ABBOTT `(��g g� y¢qr qq y� �$��SFp�y;ggy��t�+ygq�p�g p� JOSEPH E DOVLE '►Y N O �b6��b66� .�J.�`�E-b Y3J64L6Ab67�P��,i� JOHN 'A GfOY SR. Elf �J' ARTHUR E. LABRE000E 7 °? Pjamb of q� DONALD KOLEMAN /far 7� ppral WARREN BAUGHN ,,,(' 'L,-y�e,FJ�1; {-,pqi EMERY P. TANCH ` P.l,_Lj 'Y• I NI ON PETITION OF RICHARD W. PALM TO ERECT ADDT_TION TO EXISTING STRUCTURE AT JEFFERSON AVENUE, CORNER OF READ STREET. This is an appeal from the decision of the Building Inspector, who refused -- .. ., to issue a permit to erect .an addition- to a-building on Jefferson Avenue at - the corner of Read Street, a B-1 Zoning District . The locus of the property is #280 Jefferson Avenue and #5 Read Street. In his letter of refusal , the Building Inspector cited the following reasons for his ruling: 'IThe erection of an addition to the building on Jefferson Avenue at the corner of Read Street would be an expansion of a non-conforming use , there- fore , a violation of the density regulations of the City Zoning Ordinance . " The Building Inspector further stated " this is an undersized lot with insufficient frontage , inadequate setback distance to all boundary lines ; lot coverage in excess of permitted coverage ; and the distance between the existing structures is less than required by the Ordinance . " "This is a B-1 district where a lot area of 6000 square feet with a 60 foot frontage the required minimum; other requirements are a 15 foot front yard, 10 foot side yard, 30 foot rear yard; maximum lot coverage by all buildings is 40%, and distance between buildings should be no less than 30 feet" . The Inspector further informed the Appellant of his right to appeal to the Board of Appeals. A hearing was held on this appeal on September 24, 1973, pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters, abutters to abutters , and others , and a notice duly published in. the SalemEvening News , advising of this Public Hearing. i (RICHARD W. PALM, cont ' d. ) RECEIVED NOV I4 '7 •Chairman John M. Gray, Sr. ope- e e eeting' with Board Members Donald Koleman, CITY Orfl E Arthur Labrecque , William r$k"%A.Wd Associate Member Warren Baughn present . The following evidence •was presented by the Petitioner, Richard ZI. Palm, who appeared in his own behalf: #280 Jefferson Avenue has for a long time been a - small corner variety store which has been operated by the Petitioner, who also lives in the side of the building at #5 Read Street ; he has recently been granted a beer and wine license , and due to the loss of floor space utilized by the new refrigerator units , he is in dire need of extra storage area and finds it extremely dif- ficult to operate his business without that extra storage area. The Peti- tioner proposes an addition to the existing building which would measure 50 feet along Read Street and 16.8 feet to the rear and 16 feet on Jefferson Avenue. Petitioner also stated that he would be able to buy his goods in greater quantity, and therefore, be able to have the substantial_ savings and would of course , pass along these savings to the customers of this store if he were able to obtain permission to erect the addition to provide extra storage space . Appearing in favor of the granting of the Petition was Councillor Joseph R. Ingemi , Jr. , Ward Councillor for Ward 3. After reviewing carefully the plot plan and the building plans submitted , and considering the evidence presented by the Petitioner, the Board finds that it may grant a variance from the applicable terms of the Zoning Ordin- ance with respect to increasing . the nonconformity by the erection of an addition to the store . The Board finds that relief can be granted through the granting of a variance without substantial detriment to the public good substantial derogation. from the intent of +he District or the provisions 4 (RICHARD W. PALM, cont ' d. ) of the City Zoning Ordinance, that literal enforcement of the provisions of the Zoning By-Law would cause substantial hardship to the Petitioner, and that special conditions with respect to the lot size and placement of the building exist which are not generally affecting other lots and structures in the District . -- Appeal granted by unanimous vote. CITY OF SALEM - - - BOARD OF APPEALS, PW% US :U S �a BY o u-iY. -= (Acting) Secretary ur co "a:= L J - a :u }}1'yr y�7` WILLIAM F. ABBOTT 1 EditL O KACbb6� �AL6LS�YW�b6$3 ZoL�4�' JOSEPH P. RAY, RC .+�-�� 7 1 JOHN M. GRAY, SR. I\ �G Tr 4� ARTHUR E. LABRECQUE �� UES Lb j 38 FM oub of �"rznl DONALD KOLEMAN WARREN BAUGHN f.lj'Y �, 4�.(jy JAAt4)r FiCE EMERY P. TANCH DECS6�1L## MC'i PETITION OF JOSEPH MARFONGELLI TO REPLACE AND EX'T'END FIRST AND SECOND FLOOR PORCHES AT 42 JEFFERSON AVENUE. The Inspector of Buildings refused to issue a permit to replace and extend first and second floor porches on an existing residence at #42 Jefferson Avenue , Salem, Massachusetts. The Building Inspector, in his letter dated October 2 , 1973 ,. to the Petitioner, Mr. Joseph Marfongelli , cited his reason for refusing to issue a building permit to replace and extend first and second floor porches on the building located at #42 Jefferson Avenue , Salem, as follows : "The City Zoning Ordinance requires a front setback of 15 feet, and the exist- ng porch is 7. 17 feet from your front boundary; the Ordinance further re- uires a ten-foot side setback, and the porch will set back only five feet from that boundary. " The Building Inspector further advised the Petitioner of his right to appeal from that decision to the Board of Appeals . A hearing was held on this appeal on October 29 , 1973, pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters , abutters to abut- ters , and others , and advertisements were duly published in the Salem Evening News advising of this Public Hearing. Board Members present were Chairman John M. Gray, Sr. , Willi-am F. Abbott , Donald' V. Koleman, Arthur E. Labrecque , and Associate Member Warren Baughn. The Petitioner, Guiseppe Marfongelli , Jr. , appeared in his own behalf and presented the following evidence : The Petitioner desires to remove old porches which are now in existence on j the e building and rebuild and extend the same to the corner of a house . He stated that his reason for doing the same was that the existing porches are v �oo small and are of little use at the present time . The owner would like to use the porches for recreational use in the summer. He also stated that the porches in their present condition constitute a safety hazard, as they are rotting away and fa]_ling- apart and need obvious repair. The City Zoning Ord- inance requires a front setback of fifteen feet and the existing porch is 7 . 17 feet from the front boundary. The Ordinance further requires a ten' foot side setback and the porch will have a setback of only five feet from that boundary. After hearing all of the evidence , the Board finds that it may grant the variance to repair and reconstruct the porches on the building at #42 Jeffer- son Avenue , pursuant to the plans submitted. The Board additionally finds that this variance may be granted without substantial detriment to the public ood and without nullifying or substantially derogating from the intent and he purpose of the Ordinance . The Board also finds that a special hardship exists in this particular case relative to the rebuilding and reconstruction of the 'porches , due to their particularly small size and the unique position of the structure on the lot, and .for these reasons , and by unanimous vote of the Members , the Board granted the variance as requested. w CITY OF SALEM - - BOARD OF APPEALS, yW O "J-a w: n3L BY 7 w r7 z Acting Secretary �. r G7 V c J T f^/ WILLIAM F. ABBOTT _ �p,v - �y p/y�� 79 1qQ JOSEPH E. DOVLE Y �it IIf tt1Pm, H2iSSc'Tt uSP #�L JOHN M GRAY. SR. O -� ARTHUR E. LASRECOUE DONALD ROLEMAN ofMICA•\ � _ - WARREN RAUGHN 00 EMERY P. TANCH DECISION ON PETITION OF DAVID CROSBY TO CONVERT FORMER SOCIAL CLUB STRUCTURE AT 22 KOSCIUSKO STREET TO PROVIDE A SINGLE FAMILY DWELLING. This is a direct appeal by the Petitioner, W. David Crosby, from the applic- able terms of the density regulations of the City Zoning Ordinance to reno- vate and convert the building located at 22 Kosciusko Street , Salem, to a single family residence . The District where 22 Kosciusko Street is located is zoned residential two-family. Hearing on this appeal was held on June 25, 1973, pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters , abutters to abutters , and others , and advertisements were duly published in the Salem Evening News , advising of this Public Hearing. Chairman John M. Gray, Sr. opened this meeting with Board Members Donald V. Koleman, Arthur L'abrecque, -William Abbott , and associate member Warren Baughn present . The Petitioner was represented by Attorney Richard P. Farley, of 126 Washing- ton Street , Salem, who presented the following evidence : The building has been located on the lot at 22 Kosciusko Street for over fifty (50) years and was purchased by the Petitioner, W. Davia Crosby, nearly three (3) years ago . The Petitioner stated to the Board of Appeals that condition- al upon the granting of a variance he would rehabilitate the building and convert it to a single family residence , which he would occupy. Although purchased nearly three years ago , the Petitioner has -not requested an appeal to the applicable -terms of the Zoning Ordinance. prior to this time due to the fact that an injunction, arising out of title litigation, prohibited the Petitioner from going forward in the renovation of 'the property. The Court injunction was recently dismissed and the Petitioner now desires to renovate the building for a single family residence if this Board grants the Petitioner' s appeal. The lot at 22 Kosciusko Street , as shown on a plan accompanying Petitioner' s application, shows a lot area of 2700 square feet, y an area less than the minimum required lot area per dwelling unit , a lot maximum width of 50 feet , lot coverage by the building exceedsppercentage of lot through overages permitted, front yard depth of 6. 4 feet, side yard depth of 6 feet , nd one foot , respectively, rear yard depth of 5 feet . The Petitioner stated his counsel , Richard P. Farley, that off-street parking is available in the neighborhood, and specifically an agreement had been made upon the 2 granting of this variance +w3th the owner of the premises at 143 Derby Street , to provide a single space for parking. •Appearing in favor of the granting of the variance was Thaddeus Wloydka, 137 Derby Street , Salem, who stated that he is the owner of 143 Derby Street and will agree to provide a single space for parking if this variance is granted. Mr. Wloydka also stated that he had spoken with seven people in the neighbor- hood who are not present this evening, nor have they communicated by letter with the Board, who expressed to Mr. Wloydka objection to the granting of the variance . r Appearing in opposition to the granting of the variance was City Councillor George Nowak, Ward One , who expressed his opposition to the granting of this variance based upon the lack of parking on the parcel , the existing very difficult parking problem in the area and his opinion after consultation with representatives of the National Park Service that plans for the expan- sion of the park at Derby Wharf were being considered. Also appearing in opposition were Richard Dylengoski, owner of the Derby Cafe , Teresa Dylen- goski of 156 Derby Street , Amie Bousier, 10 Kosciusko Street , Alex Wardoski , 39 Daniels Street, and Robert Kobuszewski , 5 Daniels Street Court . Present and wishing to be recorded as interested citizens only were William ,•McKinnon and Mr. and Mrs. David Johnson, of Kosciusko Street. A communication was received from John J. Toomey, Health Agent for the City of Salem, concerning 22 Kosciusko Street, requesting that the Appeals Board render an early decision in regard to this appeal and inform the Board of Health of that decision. The Board studied carefully the drawing submitted by the Petitioner for the renovation of the property, the plot plan, and the record. All of the Board Members were familiar with the location of the property and discussed in detail the Petitioner' s 'application. The Zoning By-Law requires a minimum lot area.an an R-2 District of 7,000 square feet , a minimum lot area per dwelling unit of 3590 square feet , a minimum lot width of 66 feet , a maximum lot coverage by all buildings of 35%x, a minimum depth of front yard of 15 feet , a minimum width of side yard of lO feet, and a depth of rear yard of 30 feet . The lot in question has an area of 2700 square feet, an area less than the minimum required lot area x per dwelling unit ; a lot width of 50 feet ; more than the allowed maximum lot coverage by the building; front yard depth of 6. 4 feet , side yard depth 6 feet and one foot respectively; and rear yard depth of 5 feet. Sn very dimension the existing building on the lot is in violation of the present zoning law regarding density, front, side and rear yard setbacks - 3 - and additionally can not provide parking as required by the Zoning By-Law. Although the Petitioner did not present an argument based on nonconformity, the Board nevertheless discussed this aspect with respect to the granting of a variance on the reliance of nonconformity. Evidence was not produced that the building was occupied as. a single family dwelling prior to the existence of the present zoning By-law. On the contrary, it appears from evidence introduced that the building was used for a social club for many years , but that it has been unoccupied as such for ma3y years . After reviewing all of the evidence presented and considering carefully the plan submitted by the Petitioner, the Board voted unanimously to DENY the granting of a variance to renovate and convert the present build- ing located at 22 Kosciusko Street, Salem, as a single family residence. The Board additionally finds that the variance may not be granted without substantial detriment to the public good and without nullifying or substan- tially derogating from the intent of the District ,or the intent of the Ordinance for the reasons specified above. The Board is aware that there are other buildings in the area which have sub-standard lot sizes and are non-conforming lots with respect to density and parking requirements , but that the trend in the neighborhood demonstrated by the removal of several •large buildings and the creation of new parking areas and additional open space is away from the creation of new housing units on extremely limited lot areas without parking and yard areas . APPEAL DENIED. CITY OF SALEM - - BOARD OF APPEALS, BY 4 Acting ' Secretary w WRLIAM F, AMM 7uI xv- 5 R E C� VP JOSEPH F. Ya 4 ril maefrhfiz TOHN M. GIAY, sR /fAARTHUR E. LA11R,"UH: VIIAUD KC�UMAN wd 8- 17-71 ' - OI WAIRLEN' �AUGIN WY G L 1�iS I'JTIGE "WRY V. TArlrj-1 Vk A L VI, Z,S e PETITIONDR ALBERT CLOYD, LOCATION 4 LARKIN LAD:F. DECTSTON ON PETITTON FOR SPLCIA!, PE)C,)IT TO INSTALL SWTMI%IQG POOL N T_ iA hearing was held on this* appeal on August 13, 1973 , pursuant to notices mailed postpaid Lo the Petitioner, Board Members , abutters , abutters to abutters ,butters , and others , and advertisements were duly published in the Salem Evening News , advising of this Public Hearing. Board Members present were C]-airman. John M. Cray, Sr. , William F. Abbott , Donald Kolortian, Arthur Labrecque , and Associate Member Warren Baughn. Petitioner appeared. and explained the case the same as in the original appeal on file . No one appeared An opposition. The Board Members have the facts presented to the meeting, and are of the op-.Lnj. on th- t a Special Permit for which application i s made , is in harmony ith 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 said pool as requested, subject to the following CONDT'rTONS * 1 . Dona 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 , and the rules and regula- tions of the City Building, Health, Electrical , and Police Departments , and the City Zoning Ordinance , applicable to Swimming Pools . 4. A fence at least four feet high shall be installed and surround the perimeter of the pool itself'; -fence shall be constructed of pickets , or stockade , or chain link type material ; rail fences shall- not be permitted ; the fence shall have a locking device anTla—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 the water surface shall be provided for each seventy-five feet of perimeter; fence shall have only one opening, three feet maximum width. (DECISTON CONTINUED) - 2 j . Pool shall be constructed of materials that will provide a struct-urally sound and tight ta:ik with impervious surfaces that are Basil} cleaned , No swimming pool or appurtenances thereto shall be iinstalled or aJ!.tc:red • until a building permit has been. obtained from the buildii;g Inspector. SPECIAL PERMIT GRANTED WITH CONDITIONS . Massachia.setts Law requires that: the attached Notice of Variance by the Board of Appeals shall be recorded by the Land Owner at the Registry of Deeds . CITY OF SALEM - - - - BOARD OF APPEALS , 7a7Ctin-g7 Secretary • z e Rf t H��•��L � WILLIAM F. ABBOTT: /. ,I{��/��'* }� y� ..��{N}�y �y /E.�y� nIT 1TQ JOSEPH P. DOYLE R E C E I r 1` {J Of tt1Pm, .J4 assurfragL44D' JOHN M.GRAY,SR. v•,. x 77 1 lll...yL tYYtTTtttttt ARTHUR E. LASRECOUE sir ...,% •f 4' MAY I O 6 33 ?N '\� 29varb of Appral DONALD KOLEMAN Rf�y�Eap?+" l l WARREN BAUGHN CITY GGA `n'S of FICE EMERY P. TANCH DEULEg MW-PETITION OF ALBERT L. LEVESQUE TO ERECT . A SINGLE FAMILY DWELLING AT 120' LEACH FOR VARIANCE WITH REGARD TO FRONTAGE ON UNIMPROVED RIGHT OF WAY, LOT FRONTAGE AND LOT AREA. This is a direct appeal by the Petitioner, Albert L. Levesque, from the applicable terms of the density regulations of the City Zoning Ordinance' to allow the erection of a one story wood frame dwelling at the vacant lot known as #120 Leach Street, Salem, Massachusetts, in an R-2 zoning district. Hearing on this appeal was held on March 5. 1973 and continued to April 9, 1973 for decision by the Board. Present were Chairman John M. Gray, Sr. , and Board Members Donald Koleman, Arthur Labrecque, William Abbott, . and Associate Member Warren Baughn. The Petitioner was represented by Attorney George W. Atkins, III, who presented the following evidence : e g' The Petitioner wishes to construct a one story wooden frame dwelling, measuring 24' x 38' on a lot known as 120 Leach Street, Salem. The area is within an R-2 zoning di yrict; the residential density requirements In an R-2 zoning district re not conformed with by the proposed dwelling; the total area of the lotIn question equals 5000 square feet and the lot frontage is 50 feet; ther fi.s also lot frontage on an unimproved right of way. The lot in questionis located near the very end of Leach Street, being the next to the las parcel of land before the Salem Harbor. The . abutting parcel opposite to the Harbor side abutting to the Westerly side is #118 Leach Street and is owned by Alfred N. St.Pierre, and that also is a vacant lot. The abutting land directly to the West of the parcel i in question is shown on a plan of land in Salem prepared for Albert L. Levesque and dated February 6 , 1973, prepared by Robert Bowman, Registered 2 _ Land Surveyor, and made a part of this -record, shows the owner of this • flat land abutting Salem Harbor to be a Norman A. St.Pierre. The Petitioner' s lot, #120 Leach Street, is 50' x 100' in dimension. The surrounding lots and remaining lots on the street are equal or less in lot size, most of them being 50' x 801 . Most of the other buildings on the street are two or three family dwellings. The proposed dwelling would be a one family wooden frame building. The Appellant' s lot is located at the end of Leach Street. The Harbor abuts the Appellant' s parcel on three sides, noting that the land directly to the East of the Appellant ' s is described as flat land on the Salem Harbor. Access to the lot is obtained by a right of way extending on a direct line from Leach Street. The parcel has been vacant since filled many years ago and Counsellor Atkins exhibited to the Board of Appeals a permit issued by the Commonwealth of Massachusetts • for the filling in of the Harbor and of the creation of the lot in question. These conditions, it was maintained by Counsellor Atkins, particularly affect the Appellant' s property only and do not generally affect the zoning district. Appearing also in favor of the granting of the variance was Councillor Jean A. Levesque. Appearing in opposition of the granting of a variance was a Mrs. St.Pierre of 116 Leach Street and six (6) other members of the St.Pierre family, who are abutters opposed to the granting of this variance. After much discussion on the two dates hereinbefore referred to and various communications made part of the record between Chairman John M. Gray, Sr. and Counsellor Atkins, who by request of the Board furnished further in- formation and further plans of the proposed dwelling, and after studying all the facts presented in this case , the Board found that • 1. Special conditions and circumstances exist which especially affect the land and structure to be erected which generally do not affect other lots 3 n the district. 2, That a literal enforcement of the provisions of the Ordinance would in- volve substantial financial and other hardship to the Appellant. 3. That a variance may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or the purposes of the Ordinance. The Board further places a condition upon the granting of this variance that the proposed dwelling will be set back ten (10) feet from the continuation of the street line represented by the northern most boundary on lot #9 of #116 Leach Street on the plan hereinbefore referred to and further defined by thirty (30) foot setback from the front or northern most property line on Leach Street of the Petitioner' s parcel and as defined on the above-mentioned plan by a red pencil line across the Petitioner' s parcel. •fhe Members of the Board voted unanimously to grant the variance subject to the stated conditions. M ti 5 CITY OF SALEM - - - BOARD OF APPEALS, Z O o- &* W rt rn t � BY w "�'� Acting Secretary Cc a oQ — >-Go s v tnh91T.L, WILLIAM F. ABBOTT �I A � yy�� y}¢r ��}} ,,99q�}�.{} ��{y�{}�qg �}F�/{q'* » JOSEPH F. DOYLE 6114 (A�41b1� tts�artuefts JOHN M. GRAY,SR. 99 1. 1 ARTHUR E. LABRECOUE ?0IIxrD of �ppral DONALD KOLEMAN \kf�LMnEa"�F WARREN BAUGHN DECISION ON PETITION OF KENNETH GELPEY TO INSTALL EMERY P. TANCH AN ADDITIONAL APARTMENT AT 146 LAFAYETTE STREET. This is a direct appeal by the Petitioner, Kenneth Gelpey, for a variance from the Zoning By-Law to allow him to convert a vacant third floor into a third apartment on his property located at 146 Lafayette Street , Salem. The hearing was held pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters , abutters to abutters , and others , and advertise- ments were duly published in the Salem Evening News , advising of this Public Hearing. Chairman John M. Gray, S+ . , presided at this hearing with Board Members Arthur Labrecque , Donald Koleman, William Abbott , and Associate Member Warren Baughn present. The Petitioner was represented by Attorney John R. Serafini , who appeared before the Board and introduced the following evidence: The building in question is in an existing R-3 zone which would permit three-family usage , but that the building and lot do not conform to the applicable density requirements for this district with regard to lot area, • lot width, and front and side yard setbacks , as set forth in the City Zoning Ordinance ; that the Petitioner is disabled, and needs additional income from the property; there is a financial hardship due to his inabil- ity to use the third floor as a separate apartment. Raymond Bouchard, an abutter, -appeared in opposition to the Petition. After reviewing all of the material presented and the architectural plans presented, consisting of side , front and rear elevations , as well as interior floor plans for a third floor apartment , if allowed, Counsellor Serafini requested leave to withdraw without prejudice . The members of the Board unanimously voted to grant the Petitioner leave to withdraw without prejudice . LEAVE TO WITHDRAW WITHOUT PREJUDICE CITY OF SALEM - - BOARD OF APPEALS • c f' BY ab 4SSVW 'N31VS 3�I�d0 S k`i?'2 A113 LT Feb - situ of ,`5alrm, �Nflasszzr usP#ts N C_ DECISION ON PETITION OF LEONARD M. GARFIELD TO A7,17ER WILUAP,`. r. Ag3OTT =:` T�" nl THE PREMISES AT 12 LINDEN STREET TO PROVIDE AN ADD'rOI1TAL Jng_yH F. DOYLE rDHN ;:I. CRAY, SR. - APARTMENT IN A THREE-APARTMENT" BUILDING. tnc -u o ARTHUR 'c. LA'ekECQUE �� �✓•- DONALD KOLEMAN W C'7 ...7 WAR4EN 8AUGHN EMERY P. TANCH By direct appeal , petitioner appealed to the Board of Appeals to vary the applicable terms of the City Zoning Ordinance to permit the renovation. of an existing three-family dwelling at 12 Linden Street to provide an additional apartment. Hearing was held on this petition on December 18, 1972 , pursuant to notices mailed postpaid to the petitioner, abutters , abutters to the abutters , Board Members , and others , and advertisements published in the Salem Evening News , advising of this Public Hearing. Board Members present were Chairman John M. Gray, Sr. , William F. Abbott , Donald Koleman, Arthur Labrecque , and Associate Member Warren Baughn. Witioner introduced the following evidence . He purchased the property on September 5, 1972 as a three family residence ; the lot in question is located in an R-2 zoning district; that due to a mistake in judgment his son was unable to make a financial success out of his investment in the building; that the Petitioner bought the building from his son to help his son out , and now finds that he is unable to make ends meet without the addition of a fourth apartment. Fourteen people who reside within the immediate area have filed a petition with this Board objecting to the granting of a variance to allow a fourth apartment inthisbuilding. After carefully going over all the evidence introduced, and being familiar with the . site in question, the Board voted unanimously to deny the Petitioner' s request for a variance , finding that the granting of such a variance from the applicable terms of the Zoning Ordinance could not be done without substantially derogating from the intent of the district or purposes of the Ordinance. *DPEAL DENIED. CITY OF SALEM - - BOARD OF APPEALS, � s " e BY Acting. SeIrcretary Cp!.Lig, WILLIAM F. ABBOTT JOSEPH F. DOYLE y �T4J 'bfABbGP$6�' .eJ.6LNSJ3JR�bl46EA�- JOHN M. GRAY, SR. ARTHUR ° LABRECOUE (•� ° �r �` /�/ DONALD KOLEMAN Pnttrb of �}s tettl U'S'N AT'1- WARREN BAl1GHN G PETITIONER FRANK B. DOWNEY LIVING AND. LEARNING CENTER) LOCATION LORING AVENUE. DECISION ON PETITION FOR SPECIAL PERMIT TO INSTALL SWIMMING POOL. A hearing was held on this appeal on June 20, 1973, pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters , abutters to abutters , and others , and adveetisements were duly published in the Salem Evening News, advising of this Public Hearing. Board Members present were Chairman John M. Gray, Sr. , William F. Abbott , Donald Koleman, Arthur Labrecque , and .Associate Member Warren Baughn. Petitioner appeared and explained the case the same as in the original appeal on file . No one appeared in opposition. The Board Members have the facts presented to the meetiig, together with a plot plan showing location of 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. •Y 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 , and the rules and regulations of the City Building, Health, Electrical , Police Departments , and the City Zoning Ordinance , applicable to Swimming Pools . 4. A fence at least four feet high shall be installed and surround the perimeter of the pool itself; fence shall be constructed of pickets , or stockade , or chain link type material; rail fences shall not be permitted: 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 the water surface shall be provided for each seventy-five feet of perimeter; fence shall have only one opening, three feet maximum width. DECISION CONTINUED e 5 • Pool shall be constructed of materials that will provide a structurall. sound and tight tank with impervious surfaces that are easily cleaned , 6. No swimming pool or appurtenances thereto shall be installed or alterec until a building permit has been obtained from the Building Inspector. SPECIAL PERMIT GRANTED WITH CONDITIONS. r r Laws of the Commonwealth of Massachusetts require that the attached notice of the granting of a Special Permit by the Board of Appeals be recorded by the Land Owner at the Registry of Deeds ) . CITY OF SALEM - - - BOARD OF APPEALS, BY G' Acting Secretary ' • 4�`TpSWT� WILLIAM F. ABBOIT / JOSEPH F. DOYLE Y �/y��pep}'� �qqP p�}¢p r¢�}'�q/�Qy qy yy�p �♦ p� y� f r 0�',y i8U- o alera' .mJl34assadjusetts JOHN M. GRAY, SR. i ,�' I r ,9 l� / ARTHUR E. LABRECOUE • KEt�Nm'EDtC/� � ` DONALD varb WARREN BAUGHN EMERY P. TANCH PETITIONER - MRS. J . A. FURNARI LOCATION - 12'7 MARLBORO READ DECISION ON PETITION FOR SPECIAL PERMIT TO INSTALL SWIMMING POOL. A hearing was held on this appeal on June 20, 1973, pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters , abutters to abutters , and others , and `adveetisements were duly published in the Salem Evening News , advising of this Public Hearing. Board Members present were Chairman John M. Gray, Sr. , William F. Abbott , Donald Koleman, Arthur Labrecque , and Associate Member Warren Baughn. Petitioner appeared and explained the case the same as in the original appeal on file . No. one appeared in opposition. The Board Members have the facts presented to the meeting, together with a plot plan showing location of 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. •y 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 , and the rules and regulations of the City Building, Health, Electrical , Police Departments , and the City .Zoning Ordinance , applicable to Swimming Pools . 4. A fence at least four feet high shall be installed and surround the perimeter of the pool itself; fence shall be constructed of pickets , or stockade , or chain link type material; rail fences shall not be permitted: 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 the water surface shall be provided for each seventy-five feet of perimeter; fence shall have only one opening, three feet maximum width. , s DECISION CONTINUED) L 5. Pool shall be constructed of materials that will provide a structural, sound and tight tank with impervious surfaces that are easily cleaned. 6 . No swimming pool or appurtenances thereto shall be installed or alterec until a building permit has been obtained from the Building Inspector. SPECIAL PERMIT GRANTED WITH CONDITIONS. r r Laws of the Commonwealth of Massachusetts require that the attached notice of the granting of a Special Permit by the Board of Appeals be recorded by the Land Owner at the Registry of Deeds ) . CITY OF SALEM - _ _ BOARD OF APPEALS, BY Acting Secretary e i I s C ' /{��Q Q WILLIAM P. ABBOTT E C I Y E D (�tt�1 of �$Zdr It, 'MassadjusEt#f, JOSEPH E. DOYLE JOHN M. GRAY,SR. ARTHUR E. LABRECOUE J `f 22 PH '�� 20uxrb of C ypat DONALD KOLEMAN WARREN,BAUr HN EMERY P. TANCH ITY C:c.r;t'S GeFiCE SALEN, MASS. DECISION ON PETITION OF GLORIA JERMYN TO CONVERT PORTION OF A TWO-CAR GARAGE TO PROVIDE A HOME TYPE BEAUTY SALON AT 146 MARLBOROUGH ROAD, REQUESTING A SPECIAL PERMIT TO ALLOW SUCH OCCUPANCY. The Inspector of Buildings refused to issue a permit to the Petitioner to erect an addition to the house and garage located at #146 Marlborough Road to provide a home type beauty salon. The location of the Petitioner' s property is in an R-1, single family residence district. Appeal was made to the Board of Appeals for a Special Permit to use and occupy one-half of a two-car garage in the Petitioner' s home as a beauty salon. A hearing was held on March 5, 1973, pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters , abutters to abutters, and others, and advertisements were duly published in the Salem Evening News advising of this Public Hearing. • Chairman John M. Gray, Sr. opened this meeting with Board Members Donald Koleman, Arthur Labrecque, William Abbott and Associate Member Warren Baughn present. The Building Inspector in his letter dated January 24, 1973, informed the Petitioner of his refusal to issue a permit to erect an addition to pro- vide for her beauty salon, but indicated that such home occupation may be permitted in the City by a Special Permit in an R-1 district, and that said permit may be granted by the Board of Appeals. 7 4Ce Petitioner appeared on her own behalf. No one appeare/d in opposition. After considering all of the evidence presented, the Board finds that the request for a Special Permit was properly presented in accordance with the By-Laws of the City of Salem and further finds that the conduct of such a home business would be in harmony with the existing area. PERMIT GRANTED. CITY �OFF/SALEM - BOARD OF APPEALS, l� BY ' 4;6 Acting) S cretary Y �avL ,y�• k.(0 - WILLIAM E ABBOTT ❑}[�,�' 1}r' JOSEPH F. DOYLE P.' + Rdit E 1 4.A d�LIE� Gi]3�W� 7J� 17y JOHN M. GRAY, SR. � � _f ay ARTHUR E. LABRECOUE 24 5 06 Po. 9 curb Ul h,�Tpeal DONALD KOLEMAN fN. ll.. WARREN BAUGHN My C LL`. I",-K SS' �F 1�V EMERY P- TANCH YH4 MlYI 1"IH��� DECISION ON PETITION OF GEORGE E. HOWE TO ERECT A SECOND FLOOR PORCH AT 24 MASON'' STREET. This is an appeal from the ruling of the decision of the Inspector of Buildings in denying a permit to erect a porch at the rear of the dwelling located at 24 Mason Street in Salem. The Building Inspector in his letter of refusal stated that"Such construction would be in violation of the den- sity requirements of the City Zoning Ordinance. "The Ordinance requires a side setback of ten feet and a rear yard setback of thirty feet ; your plan shows the proposed porch would be six feet from your side boundary and twenty-four feet from your rear boundary line" . The Petitioner was also advised of his right to appeal from the decision of the Building Inspector to the Board of Appeals. A hearing was held on this appeal on June 20, 1973, pursuant to potices mailed postpaid to the Petitioner, Board Members , abutters , abutters to abutters , and others , and advertisements were duly published in the Salem Evening News advising of this Public Hearing. Chairman John M. Gray, Sr, opened this meeting with Board Members Donald Koleman, Arthur Labrecque , William .Abbott , and Associate Member Warren Baughn. present. The Petitioner appeared and requested a variance from the Zoning By-Law with respect to the density requirements to erect a single floor porch, with roof,, on the rear of the existing dwelling at the second floor level . The Petitioner stated that his wife has had serious illness which has left her partially paralyzed, and that her use of the porch would be more convenient than climbing the stairs due to her physical condition. After hearing all of the evidence and reviewing the plan submitted herewith and made a part of this record, the Board has determined that the granting of a variance from the requirement of a side setback of ten (10) feet and a rear yard setback of thirty (30) feet , to allow in this case , a side setback of only six (6 ) feet and a rear yard setback of only twenty-four (24) feet on a lot of sub-standard size , consisting of approximately - -2 _ I 14800 square feet would not be contrary to the public good and interest and �t owing to special conditions , a literal enforcement of the Ordinance would cause substantial hardship to the Appellant. The Board also finds that there are special conditions and circumstances which exist which affect the land and buildings involved and that relief in the form of a variance may be granted without substantial detriment to the public good and area and without nullifying or substantially derogating from the intent and purpose of the Ordinance. The Board voted unanimously to grant the variance. 1 UA a. � a� CITY OF SALEM - - BOARD OF APPEALS, o n,- LW �ME BY • 0 v: ru, "tom (Acting) Secretary jo µ— a •� �p.�LITq, WILLIAM F. ABBOTT . ----�• P L',(� j(/�� �¢,q` y1(ngyg �}'g �9' yFpgy�[ 1q Q JOSEPH F. DOYLE s.A. L'E r•-`\Y 1�b L{'Yb ll�� Gi�J�6A�l1AA1J�b 7!' JOHN M.GRAY.SR. ARTHUR E. LABRECQUE • CoA °-' ' DONALD KOLEMAN ? f4 x lob iG 46 • H '73 Paurb of � Pul �S ST` WARREN BAUGHN G• JVE WSTt CITY CL yI,IS uI FICE EMERY P. TANCH SALEM- MASS- DECISION ALEM- MASS.DECISION ON PETITION OF MASON REALTY TRUST TO ERECT AN ADDITION TO EXISTING STRUCTURE AT 53 MASON STREET. This: is an appeal from the decision of the Building Inspector, who refused to issue a permit to erect an addition to a structure located at 53 Mason Street , Salem. The building is located in an industrial zone where the density requirements of the City Zoning Ordinance include thirty foot set- backs from all boundary lines and permits maximum coverage by all buildings of 45%. The Building Inspector, in his letter refusing to issue the building permit sought , cited the following as his reason for denying the issuance of the building permit : "Your plan shows insufficient setbacks from the boundary lines , and proposed lot coverage by all buildings would be 50°p'" . The Building Inspector also . informed the Appellant of his right to appeal to the Board of Appeals . Hearing was held on this appeal on August 13, 1973 , pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters , abutters to abutters , and others , and advertisements were duly published in the Salem Evening News , advising of this Public Hearing. Chairman John M. Gray, Sr. opened this meeting with Board Members Donald Koleman, Arthur Labrecque , William Abbott , and Associate Member Warren Baughn present. The Petitioner was represented by Richard Goldman, Esquire , of 89 State Street , Boston, Massachusetts , and Elliot Adelman, Mason Realty Trust. The following evidence was presented by Petitioner and his counsel: The proposed building will ;be located on• a lot owned by Mason Realty Trust on Mason Street , Salem, in an Industrial zon £ The Petitioner seeks a variance to allow the erection of a buildingpapproximately 23 ,000 square feet , to be used for manufacturing and warehousing. The proposed building will be a first class structure . The Petitioner states that he must have additional space for his manufacturing facilities , otherwise , he will have to move to another site . The plan drawn by David W. Jaquith, Architect and Planner, was submitted and made a part of this record. The building site plan does not comply with the building code setback from the front line , and the plan discloses that the building will cover 50 percent of the lot rather than the 45% allowed. No one appeared in opposition. The Board reviewed carefully the proposed site plan submitted by the 2 _ Petitioner and the evidence presented with respect to hardship consisting of an inadequate space , irregular lot lines and boundaries , and hardship to the Peti- oner if he had to remove his premises to another location. After discussion and carefully reviewing all of the material presented, the Board finds that it may grant a variance from the applicable terms of the Zon- ing Ordinance without substantial derogation to the meaning and intent of the District or the Zoning By-Law. The Board unanimously approved the granting of the variance. APPEAL GRANTED. CITY OF SALEM - - BOARD OF APPEALS , BY I � 1 7 `— (Acting) Secretary M ltJ _ U_ .� W J ro g - - r N o.. F� w t/1 U WILLIAM F. ABBOTT �y y�y{ �.�{��}�} �{ '4 1T JOSEPH F. DOME of ialem,_ f assarhusetto, JOHN M.GRAY.SR. fl . s 6 X77 �J 1 j ll.�.• ♦yy�,,R�, ARTHUR E. IABRECOUE varb IIl Appeal DONALD MAGMAKOLEMN • �`b �,.� C- Appeal WARREN BAUGHN uD.vs EMERY P. TANCH PETITIONER - ,TAMES D. SANTO, LOCATION - 42 MARCH STREET. DECISION ON PETITION FOR SPECIAL PERMIT TO INSTALL SWIMMING POOL. A hearing was held on this appeal on May 16, 1973, pursuant to notices mailed postpaid to the petitioner, Board Members , abutters , abutters to abutters , and others, and advertisements were duly published in the Salem Evening News, advising of this Public Hearing. Board Members present were William F. Abbott, Donald Holeman, Arthur Labrecque , and Associate Member Warren Baughn who was authorized to repres- ent an absent member for this meeting. Petitioner appeared and explained the case the same as in the original appeal on file . No one appeared in opposition. The Board Members have the facts presented to the meeting, together with a plot plan showing location of 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 voted to grant a Special Permit to install and maintain said pool as requested, subject to the following CONDITIONS• l. : - 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 , and the rules and regulation's of the City Building, Health, Electrical, Police Departments , and Zoning Ordinance , applicable to swimming pools . 4. A fence at least four feet high shall be installed and surround the perimeter of the pool itself; fence shall be constructed of pickets , or stockade , or chain link type material; rail fences shall not be permitted; the fence shall have a locking device and a closing device 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 perimeter; fence shall have only one opening, three feet maximum width. (DECISION CONTINUED 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. ' SPECIAL PERMIT GRANTED WITH CONDITIONS. (I.aw's of the Commonwealth of Massachusetts require that the attached notice of the granting of a Special Permit by the Board of Appeals be recorded by the Land Owner at the Registry of Deeds) . CITY OO�FSALEM - - - BOARD OF APPEALS, BY �t�/r` n a (Acting) Secretary - a yy �} y�p�T 1TQ WILLIAM F. ABBOTT LE REdif{4Ui [ ttlEm, K �f.iLL{4i�E L]..' _ JOSEPH F. RAY, d . .�l 1 JOHN M.GRAY,SR. 1� { m� pK� ��LL y� ARTHUR E. IABRECOUE'T APR 23 4 22 PH of ckppexl DONALD KOLEMAN '�bpm,po`J' '1 p WARREN BAUGHN CITY CLLEhh'� UFFICE EMERY P. TANCX DECISMAAIIb1MAfiJTITION OF ALBERT KRAUSE FOR VARIANCE FROM APPLICABLE TERMS OF CITY ZONING ORDINANCE WITH REGARD TO LAND AT #30 MOFFATT ROAD AND EXISTING STRUCTURES THEREON. Petitioner by direct appeal through Counselor John R. Serafini, appealed to the Board of Appeals for a variance from the applicable terms of the City Zoning Ordinance, affecting land and existing buildings at 30 Moffatt Road. A hearing was held on this appeal on March 5, 1973, pursuant to notices mailed postpaid to the Petitioner in care of his attorney, abutters , abut- ters to the abutters, Board Members , and others , and advertisements were duly published in the Salem Evening News advising of this Public Hearing. Chairman John M. Gray, Sr. , opened the hearing with Board Members Donald Koleman, Arthur Labrecque , William Abbott , and Associate Member Warren Baughn present. The Petitioner appeared with Counselor Serafini, who introduced the follow- ing evidence: The Petitioner, together with his sister, is the owner of an ,• undivided one-half interest of the land, together with the buildings there- on, consisting of a duplex dwelling house , and a garage structure; the house is a complete duplex, in that each half is self-sufficient; they are joined by a party wall ; in order to effect a transfer of his one-half interest of the dwelling house and garage , Petitioner requires a variance from the applicable terms of the City Ordinance with regard to lot area, lot width, and front, side , and rear yard setbacks. No one appeared in opposition. After studying all of the facts presented in this case, the Board found that it could not grant the petitioner the variance it sought without nul- lifying or substantially derogating from the intent and purpose of the Zon- ing Ordinance and that relief could not be granted without substantial detriment to the public good and area. APPEAL DENIED. CITY OF SALEM - - BOARD OF APPEALS, BY (Acting) Secretary f IE i yCpNvl�,• �{y�K yF,yt Q WILLIAM F. ABBOTT RE Cgt of �2T1=, ffl�iBSadjUSMS JOSEPH F. DOYIE v' lll......... JOHN M.GRAY,SR. ' ARTHUR E. LABRECOUE SP, ! MAY I U 6 33 PH II Po rh a �kyy l DONALD BAUGH N RER�•T� ( p1F� - WARREN BAUGHN CITY CLL- 1 OFFICE EMERY P. TANCH DECISAiCaHtMAUETITION OF RONALD L'ABBE TO ERECT A 241 x 401 CEMENT BLOCK BUILDING AT 145 NORTH STREET, REQUESTING VARIANCE WITH REGARD TO FRONTAGE AND SIDE YARD SETBACK. This is an appeal from the ruling of the Inspector of,Buildings in denying a permit for the construction of a 241 x 401 cement block building, fronting on #145 North Street, Salem, Massachusetts. A hearing was held on this appeal on April 17, 1973, pursuant to notices mailed postpaid to the Petitioner, Board Members, abutters, abutters to abutters , and others , and advertisements were duly published in the Salem . i`Evening News , advising of this Public Hearing. Chairman John M. Gray, Sr. presided at this hearing with Board Members Donald Koleman, Arthur Labrecque , and William F. Abbott , and Associate Member Warren Baughn present. The Building Inspector in his letter dated March 12, 1973, refused to issue a permit to construct a garage measuring 241 x 401 on the Petitioner' s lot located at #145 North Street, Salem, at the corner of North and School Streets in said Salem. The Building Inspector cited his reason for refusing to issue a permit; the area is zoned as a B-1, Neighborhood Business district, and the density regulations of the City Zoning Ordinance require a sixty foot frontage on North Street, and a fifteen-foot set back on School Street. The Petitioner, Ronald L'Abbe , 24 Western Avenue, Beverly, Massachusetts , appeared with Counsellor John A. McNiff, of Peabody, and presented the follow- ing evidence : The Petitioner purchased the property in January, 1973, where there is pres- ently a pizza shop. The Petitioner would like to remove the present building, Wt there is currently a lease in effect, dated January 220 1973, between the operators of the pizza shop and the Petitioner, which lease expires on February 15, 1974. However, the Lessees are given an additional two-year - 2 - option to renew the lease, which option expires January 15, 1976. The Petitioner is engaged in the construction business , and wishes to erect a 24t x 40, garage Structure on the rear portion of the lot in question, in accordance with the plot plan filed with the Building Inspector, and made part of this record. The Petitioner wishes to use the proposed garage solely for the storage of his equipment, and for no other reason, for the period of time during which the pizza shop has the present lease in effect. It was represented by the Petition- er and his Counsel, that as soon as the lease referred to above expires , the Petitioner will immediately cuase the older structure on the corner of North and School Streets, in which the pizza shop is located, to be torn down, and that there will be no business whatsoever conducted in the proposed garage until the building in which the pizza shop is located is torn down. After the older building is torn down, the Petitioner intends to use and convert the proposed new building for any use permitted in a B-1 district. one appeared in opposition. • The Board, after carefully considering the evidence presented, and being familiar with the site, found that under the condition imposed herein, and subject to said condition, a variance may be granted for the erection of a 24, x 40t cement block building as shown on the plan submitted by the Peti- tioner. The variance is granted upon the condition that on the expiration of the present existinglease with the pizza shop. the Petitioner will cause to P P have the older building in which the pizza shop is located, demolished and removed from the site, and until that time, the Petitioner will not use the proposed new structure for any reason whatsoever, other than for the storage of his building equipment, other than heavy machinery, or heavy equipment. The Board additionally finds that under the circumstances there is financial hardship, and that the granting of a variance to erect the proposed building, %ject to the conditions imposed, will not be contrary to the public interest , - 3 and that owing to special conditions, a literal enforcement of the Ordinance Oluld result in unnecessary hardship and that relief in the form of a variance may be granted without substantial detriment to the public good and area, and without nullifying or derogating from the intent and purposes of the Ordinance. For these reasons , the Board voted unanimously to grant the variance subject to the stated conditions. CITY /O�F/SALEM - - - BOARD OF APPEALS, coop us Y (Acting) Secretary 6 O$A ell 7 rn c= W co c S U j j UJ d 0 J� r r C � V �4 4 DECISION ON PETITION OF STANLEY LOJKO TO INSTALL 1 A SWIMMING POOL AT ' 38 NORTHEND AVENUE. 7 !, �����,yqy''' WILLIAM F. ABBOTT Q [t'T tp i Aly.f 7n(� K G4Lb{1dYL T3' JOSEPH F. DOYtE }�`[�b b+4 6Y3LALl� p.¢'• Y 1 JOHN M. GRAY, SR. I ' FF m - J,,:: l• ARTHUR E. LABRECOUF UDEC ,� ourb of ttnrtt1 DONALD 4V ( �rr WARREN BALEMAN � 43 �� CCCL���TT ry WARREN BAUGHN m1I i �Z�:(�\iL DECEMBER 14, 1973 EMERY P. TAN&I d ISALV4,-1444 F1C� A hearing was held on this appeal on October 29 , 1973, pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters , abutters to abutters , and others , and advertisements. were duly published in the Salem Evening News advising of this Public Hearing. Board Members present were Chairman John M. Gray, Sr. , Arthur Labrecque ; Donald Koleman, William Abbott , and Associate Member Warren Baughn. Petitioner appeared and explained the case , the same as in the original appeal on file . No one appeared in opposition. The Board Members have the facts presented to the meeting, 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. i By unanimous vote , the Board has therefore voted to grant a Special Permit ..o install and maintain said pool as requested, subject to the following CONDITIONS • f 1 . Bona fide effort made to minimize noise and lights in order to avoid i disturbing privacy of neighbors. 4 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 , and the rules and regulations of the City Building, Health, Electrical , and Police Departments , and the City Zoning Ordinance applicable to swimming pools. i 4. A fence at least four feet high shall be installed and surround the perimeter of the pool itself; fence shall be constructed of pickets , or stockade or chain link type material; RAIL FENCES SHALL NOT BE PERMITTED: 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 the water surface shall be provided for each seventy-five feet of perimeter; fence shall have only one opening, three feet maximum width. 4 if , . (Dj,',CISION CONTINUED) - 2 5 . 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 building Inspector. SPECIAL PERMIT GRANTED WITH CONDITIONS. Massachusetts Law requires that the attached Notice oT Variance by the Board of Appeals shall be recorded by the Land Owner at the Registry of Deeds . e,y CITY OF SALEM - - - - BOARD OF APPEALS, r.n cJ W y BY _ +004L `flux Acting Secretary c :1 u.+ .-IrLa o: y. J 7v C�T91 WILLIAM F. ABBOTT �}}r' t+ �y{ �y��yN Qy� �* p JOSEPH F. DOYLE Yl 'Salem, �J4►ussar4usefte JOHN M.GRAY,SR. ' . ll.... ARTHUR E. LASRECQUE t ,F T " `'! ° .svDMYb of '�kpPAL DONALD N WARREN ILAUGHN REcuav>; • _ _ EMERY P. TANCM PETITIONER - KENNETH MIZIOCH, LOCATION - 11 NURSERY STREET. DECISION ON PETITION FOR SPECIAL PERMIT TO INSTALL SWIMMING POOL. A hearing was held on t4is appeal on May 16, 1973.. pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters , abutters to _ abutters, and others , and advertisements were duly published in the Salem Evening News, advising of this Public Hearing. Board Members present were William F. Abbott , Donald Koleman, Arthur Labrecque , and Associate Member Warren Baughn who was authorized to repres- ent an absent member for this meeting. Petitioner appeared and explained the case the same as in the original appeal on file . j No one appeared in opposition. The Board Members have the facts presented to the meeting, together with a plot plan showing location of 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 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, and the rules and regulations of the City Building, Health, Electrical , Police Departments , and Zoning Ordinance , applicable to swimming pools . 4. A fence at least four feet high shall be installed and surround the perimeter of the pool itself; fence shall be constructed of pickets , or stockade, or chain link type material; rail fences shall not be permitted; the fence shall have a locking device and a closing device 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 perimeter; fence shall have only one opening, three feet i� maximum width. DECISION CONTINUED 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. SPECIAL PERMIT GRANTED WITH CONDITIONS. (Laws of the Commonwealth of Massachusetts require that the attached notice of the granting of a Special Permit by the Board of Appeals be recorded by the Land Owner at the Registry of Deeds) . i CITY OF SALEM - - BOARD OF APPEALS, BY • (Acting) Secretary �✓ �3 �.vlz WILLIAM F. ABBOTT QQr Ir- (+�(��7g1y}} �y¢( SU yy r�{�@q�q �y y{qy� 1q JOSEPH F. DOYLE 14E P L�d .`PV'Bb L, VL64��A{t� ,�'JA16 Gi��{.L�LI.IA � R� JOHN M. GRAY,SR. rrrSSSttt l.99 1 ARTHUR E. LABRECOUE Pjaurb Df �Vpral DONALD KOLEMAN • .l,��s". ti �YYi Nt- �L 11 Y iii999 r)- \vpyH�f p `y C ( �+ WARREN BAUGHN t3I114�_n 1'.?,�J y�F�6 OCTOBER 3,. 1973 EMERY P. TANCH SALEM, MAgs, DECISION ON PETITION OF RICHARD T. FANNING TO INSTALL. A SWIMMING POOL AT 55 ORD STREET. A hearing was held on this appeal on September 24, 1973 , pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters , abutters to abutters , and others , and advertisements were duly published in the Salem Evening News , advising of this Public Hearing. Board Members present were Chairman John M. Gray, Sr. , Arthur Labrecque , Donald Koleman, William Abbott , and Associate Member Warren Baughn. Petitioner appeared and explained the case the same as in the original appeal on file . No one appeared in opposition. The Board Members have the facts presented to the meeting, 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 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 , and the rules and regulations of the City Building, Health, Electrical , and Police Departments , and the City Zoning Ordinance applicable to swimming pools . 4. A fence at least four feet high shall be installed and surround the perimeter of the pool itself; fence shall be constructed of pickets , or stockade or chain link type material ; RAIL FENCES SHALL NOT BE PERMITTED: 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 the water surface shall be provided for each seventy-five feet of perimeter; fence shall have only one opening, three feet maximum width. R 3 ' DECISION CONTINUED) 5• Pool shall be constructed of materials that will provide a structurally sound and tight tank with impervious surfaces that are easily c.leaneci , ' 6. No swimming pool or appurtenances thereto shall be installed or alterec until a building permit has been obtained from the Building Inspector, SPECIAL PERMIT GRANTED WITH CONDITIONS, r r Laws of the Commonwealth of Massachusetts require that the attached notice of the granting of a Special Permit by the Board of Appeals be recorded by the Land Owner at the Registry of Deeds) . CITY OF SALEM - - ✓- BOARD OF APPEALS, BY �kActing Secretary e I! L i vtr WILLIAM F. ABBOIT 5 may. (/���q}y}qp ry}r� �} }�q rg,{'�p�pq� Kg�y /{q'* 1p JOSEPH F. DOYLE �.7'tL SI Vi GLI�46i� .oJ.�L�1 ]37�JL6�8/.t4�E 1�- JOHN M. GRAY. SR. `79 l.. 1 ARTHUR E. LABRECOUE r . IIttT� IIf PZI� DONALD KOLEMAN BAUGH WARREN BAUGHN LNIM1E% Cn W - EMERY P. TANCH DECISION ON PETITION FOR SPECIAL PERMIT TO `vi INSTALL SWIP'(MING POOL: CD 4 > PETITIONER - REYNOLDS HOYLE J LOCATION - 9 OUTLOOK HILL J J A heara,Trgtsras held on this appeal on May 14 , 1973 , pursuant to notices mailed'fpos`ipaid to the Petitioner, Board Members , abutters , abutters to abutters , and others , and advertisements were duly published in the Salem Evening News , advising of this Public Hearing. Chairman John M. Gray, Sr. opened this hearing with Board Members Donald. Koleman, Arthur Labrecque , William Abbott and Associate Member. Warren Baughn in attendance. Petitioner appeared and explained the case the same as in the original appeal on file . No one appeared in opposition. The Board Members have the facts presented to the meeting, together with a. plot plan showing location of 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 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 Genera]_ Laws of the Commonwealth o:f Massachusetts , applicable to Swimming Pools , and the rules and regulations of the City of Salem ` Building Code , Board of Health, Electrical Department , Police Depart- ment , and Zoning Ordinance . 4. A fence at least four feet high shall be installed and surround the perimeter of the pool itself; fence shall be constructed of pickets , or stockade or chain link type material ; rail fences shall not be permitted; 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 severity five feet of perimeter; fence shall -have only one opening, three feet maximum width. 2 - �� 5• 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 .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 CONDITIONS. ti CITY OF SALEM - - - BOARD OF APPEALS , S Vf O •a N w BY jW Acting Secretary ou c' t- g 9j 1 t 7� l,,cawlT�. WILLIAM F. ABBOTT yy yy�� JOSEPH F. DOYLE .. r �Itu of �ClEiit� . ..J.46K�.UKLb/14ZFL4 7!- JOHN M. GRAY, SR. `JJ �y� lll....�L 1 ARTHUR E. LASRECOUE 9varb of Z.l•}ppral DONALD KOLEMAN WARREN BAUGMN EMERY P. TANCH DECISION ON PETITION OF JOHN AND CAROLYN KEEFE TO EXPAND EXISTING NON-CONFORMING USE OF STRUCTURE AT 50 PALMER STREET, AND INCREASE SIZE OF SAID STRUCTURE BY ERECTING SECOND FLOOR ADDITIONS. p This is a direct appeal to allow the expansion of existing premises located at 50 Palmer Street , Salem, by the addition of a second floor by outfitting the second floor with a kitchen, lavatory, dining area , and service bar. Proposed work would also include new roof and facade , and alterations to first floor as shown on submitted plans ; #50 Palmer Street is located in a B-1, Neighborhood Business , Zoning District . Hearing on this appeal was held on June 25, 1973 , pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters , abutters to abutters , and others , and advertisements were duly published in the Salem Ifvening News advising of this Public Hearing. Chairman John M. Gray, Sr. opened this meeting with Board Members Donald Koleman, Arthur Labrecque , William Abbott , and Associate Member Warren Baughn present . Attorney J . Dennis Healey, 59 Federal Street , Salem, Massachusetts , prepared the Petition, and Attorney Robert W. Bowes appeared before the Board and requested leave to withdraw the Petition without prejudice due to the discovery of some additional factors involving the land and build- ings which were heretofore unknown to the Petitioner. Salem City Councillor Field of Ward Five , appeared and stated that he had no objec- tion to the withdrawal of the Petition without prejudice . After discussion, the Board voted unanimously to a]-low the 7etitioner to M withdraTK--cvThout prejudice . LA. UJ p n CITY OF SALEM - BOARD OF APPEALS, LU w uw BY ;v u.Fq (Acting) Secretary _ >-N i 7 V �% scowl /fi' r -apQ WILLIAM F. ABBOTT J7,yj, {��}Lt�y 1rQ JOSEPH F. DOYLE itSyh-ET� GLt�Lil� .JL1 i(A7.KAL1141 TJ� A3J' JOHN M. GRAY.SR. a �F m T' ,j lay 111 ARTHUR E. LABRECQUE AFL& [� �j �fa �' 41 IIMrb Ul C`ppral � DONALD KOLEMAN. k't WARREN 9AJGHN CITY CLERK'S GFFICE EMERY P. TANCH DECISISUBMIGASSi.TION OF LOUIS M. BOISVERT TO ERECT .'A 20 ! x 30 ' GARAGE AT 22 PHELPS STREET. This is an appeal from the decision of the ,Building Inspector, who re- fused to issue a permit to erect a 20 ' x 30 ' garage at #22 Phelps Street , Salem, an R-2 Zoning District . The Building Inspector, in his letter to the Petitioner, gave the following as his reason for refusing to issue a building permit : "The lot area is undersize and has insufficient frontage ; also, the proposed garage would be further nonconforming with regard to side and rear yard setbacks" . The Petitioner was also advised of his right to appeal to the Board of Appeals . A hearing was held on this appeal on June 20, 1973, pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters, abutters to abutters , and others , and advertisements duly published in the Salem Even- ing News , advising of this Public Hearing. Chairman John M. Gray, Sr. opened this meeting with Board Members Donald Koleman, Arthur Labrecque, William Abbott , and Associate Member Warren Baughn present . The Petitioner introduced the following evidence, and a plot plan, as well as plans for the erection of a three (3) bay garage : The Petitioner' s building is on the corner lot which fronts on Phelps Street and is bordered on the side by Stearns Place . The lot contains approximate- ly 29.70 square feet . The existing residence is located directly on the front property line and the side lot line with Stearns Place . The proposed garage , according to the plan submitted, has the dimensions of 20 feet by 30 feet andwould be placed lengthwise on the lot ; also , according to the plan submitted, the rear lot setback and side lot setback for the proposed garage would be minimal , and appears to be in the vicinity of one to three feet ; the distance. between the proposed garage and existing residence would then be less than fifteen ( 15) feet . Appearing in opposition to the granting of this variance were Mr. and Mrs'. Nicholas George , represented by Attorney George P . Vallis . Attorney Vallis objected to the placing of the garage right on the rear property line , and. "Vexplained that his clients were abutters , but that they would not object the garage were located back from the rear property line ten to fifteen feet . Objection was also made to the building of a three-bay garage on such a small lot . 2 - The Board Board considered and reviewed the plans and the evidence submitted . The proposed building would violate every lot setback requirement , violate the �nsity requirements, and, therefore , the Board finds that ':it can not grant the' variance without substantial detriment to the public good or without nullifying or substantially derogating from the intent of the District or the purposes of the Zoning By-Law. The Board voted unanimously to DENY the appeal . r CITY OF �SSAALEM - - BOARD O/F/ /APPEALS, BY C3 c= j46 ACTING) Secretary. [u LU S7 c usUj =S :;LU N �h � F r (flit o RECEIV[D 9 (7 �loarb of pal >� JAm 1 i 4 34 � y CITY CLthrd ON PETITION OF ROBERT BARNARD TO INSTALL AN PALLIA/A E. A'saorT $ALEKk I~I,� Ajos-pri Done ADDITIONAL APARTMENT ON THE THIRD FLOOR AT 26-28 PLEASANT JOHN M. GRAY, SR. STREET, INCREASING OCCUPANCY FROM FIVE TO SIX DWELLING ART: 'A `c. 14uRECQUE DONALD KOLEMAN UNITS IN AN R-2 .DISTRICT, ZONED FOR TWO-FAMILY RESIDENCES. V/ARRcN EAOGHN - EM.:P'i P, TANCH Through his Counselor, petitioner appealed by direct appeal to this Board to vary the applicable terms of the City Zoning Ordinance to permit the install- ation of a sixth apartment in a dwelling located at 26-28 Pleasant Street. Pursuant to notices mailed postpaid to the petitioner, his attorney, Board Members , abutters , and abutters to the abutters , and others , and an. advertise- ment published in the Salem Evening News giving notice of this hearing, the hearing was held on December 18 , 1973• Counselor John R. Serafini appeared in behalf of the petitioner and introduced the following evidence : the building in question is located in. an R-2 district and was erected as a duplex building approximately forty. to fifty years ago ; each side of the building contains three floors , on one side presently in ex- istence three apartments , and on the other side presently in existence two apartments ; petitioner wishes to install a corresponding third floor apart- \*.ent in the side of the duplex building which contains a first floor apart- ment and a second floor apartment ; the owner agrees that he will upgrade the entire building coincident with the installation of the additional third floor apartment , if allowed by this board. Board Members present at this hearing were Chairman John M. Gray, Sr. . , Donald Koleman, Arthur Labrecque , William F. Abbott , and Associate Member Warren Bau.ghx After carefully going over all the evidence introduced, and being familiar with the site in question, the Board finds that there is no substantial hardship involved and that a variance from the applicable terms of the Zoning Ordinance can not be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent and purpose of the Ordinance . The Board voted unanimously to deny this appeal . APPEAL DENIED: CITY OF SALEM - BOARD OF APPEALS, ' m BY �Acting� Secretary �+ 7� WILLIAM f. ABBOTT ((q���' �P" y, y� �e�Q��@{'ggy�(��t /�yy rypE p, JOSEPH F. DOYLE RECEIVED '�+'Y �^ µIPA6l� .�JW 6{,6L�L 8A�APM�Ek7.a JOHN M. GRAY.SR. �yL ARTHUR E. LABRECOUE 6 43 PH '73 •IK ourb of 'L �ttl DONALD KOLEMAN i r r IF.V+ �` WARREN BAUGHN EMERY P. TANCH CITY C4ci�K'S OFFICE SALE14, MASS. DECISION ON PETITION OF ERNEST J. DELPERO, 4-6 Prince Street and 5 Park Street . This is a direct appeal by the Petitioner, Ernest J. Delpero , by his attor- ney, John R. Serafini , 126 Washington Street , Salem, to seek a variance to construct a five unit apartment building at 4-6 Prince Street and 5 Park Street , an R-3 District in Salem. The Petitioner is the prospective owner of the parcel under an' agreement according to the Petition filed on the Petitioner ' s behalf. Hearing was held on this appeal on September 24, 1973, pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters , abutters to butters and others , and advertisements duly published in the Salem Evening News advising of this Public Hearing. Chairman John M. Gray, Sr. opened the meeting with Board Members Donald Koleman, Arthur Labrecque , William Abbott , and Associate Member Warren Baughn present . Without presenting any evidence , Counsellor Serafini, on behalf of the Peti- tioner, requested that the Petitioner be given leave to withdraw his Petition for a variance without prejudice , due to pending negotiations being conducted with interested parties . A petition was presented by City Councillor Robert J. Field, objecting to the allowance of the variance sought , signed by sixtymtwo (62 ) residents and/or abutters in the area. The Board considered Counsellor Serafini ' s request and there appearing to be opposition to the Petitioner' s request , granted the request and hereby a:ilows the Petitioner to withdraw his Petition fora variance without prejudice CT TY SALEM - - - I;O 2D OF J PI) ALS , BY `, . S £I- Secre .,ar;r WILLIAM F. ABSOIT 71 p L `�t{ gpg�q�' y�y( !(�yry�g qty gg p§q p�1�, pT�r JOSEPH I. DOYLE 'If s 1 E$� lye " 4E V GI� [ey hl o {%b Lbk 6f `�bC�'i.�'Lv4-�k`•Ybb�b�S[i' JOHN IA. GRAY,SR AW9UR C L- nFCGNF C parb grf c ;x rent 8 . 17 -73 C<..j,i: Cori✓ WARREN BAJGHN Y VLi.:(1\ b `J1 Fil2 WRY P. TANCH SAI RM MARS- PETITIONER - RAYMOND CLOUTIER, LOCATION - 1 ROCKDALE AVENUE. DECISION ON PETITIONT FOR SPECIAAL .PERMIT TO INSTALL, SWIMMING POOL A. hearing was held on this appeal on August 13 , 1973 , pursuant to notices ma=iled postpaid to the Petitioner, Board Members , abutters , abutters to abutters , and others , and advertisements were duly published in the Salem Evening views , advising of this Public bearing. . Board Members present were Chairman John M. Gray, Sr. , William F. A.bbott , Donald Roleman , Arthur Labrecque , and Associate Member Warren Baughn . Petitioner appeared and explained the case the same as in the original appeal_ on file . No one appeared in opposition. The Board Members have the facts presented to the meeting, and are of the opinion that a Special Permit for which application is made , is in. harmony with the pu-rpcse and intent of the Ordinance , and should be granted. 0=3, unanimous vote , the Board has therefore voted to grant a Special Permit to install and maintain. said pool as requested, subject to the following 4j 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 , and the rules and r�:gul.a- tions of the City Building, Health, Electrical , and Police Departments , and the City Zoning Ordinance , applicable to Swimming Pools . 4. A fence at least four feet high shall be installed and surround the perimeter of the pool_ itself; fence shall be constructed of pickets , or stockade , or chain link type material ; rail fences shall not be permitted ; 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 the water surface shall be provided for each seventy-five feet of perimeter; fence shall have only one opening, three feet maximum width. 1. DECISION. COIMNUED) 2 - `i . Pool shall be constructed of materials that will provide a structural'iy 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 building Inspector. SPECIAL PERMIT GRANTED WITH CONDITIONS . Massachusetts Lai, requires that the attached Notice of Variance by the Board of Appeals shall be recorded by the Land Opener at the Registry of Deeds . CITY OF SALEM - - - - BOARD OF APPEALS , BY r�,v Acting Secretary " z to a F. AM �h\\, RECEIVED n �{( yq �y{�gypq !{e p'!q-y /5gyg{��yp qf'� WOS !LVAM AUS'Jii Y f6/prl.N RECE :VEE '1 tcY��iP bx� �r.�b6l�$-SLID ��d.f.;�:JbC�F�kd�34+L L.t�fµ. JOHN FM. GRAY`S i 4 ARTHUR F. LANRECOUE �3 i �g� nar. : ref A-9-p£ZT� 8. 17 73 DONALD Ko EMAN ( A� WARREN NAUGHN Aare•" W�♦ { V.L.�..i1 A K !i��b6 7- � 2 n'r1SALEM tIAM ��1 PETITIONER - JOSEPH CORRENTI, JR. LOCATION - 32 SABLE ROAD. DECIS=!_ON_Op PETITION_rOR SPECIAL PERMIT TO ITdSTALL SidIP4P1I7vG POOL LA hearing was held on this appeal on August 13, 1973 , pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters , abutters to abutters , and others , and advert.isements were duly published in the Salem i" ening News , advising o: this Public Hearing. Board '.Members present. were Chairman John M. Gray, Sr. , Wil.:Liam F. Abbott, , Donald Kol.eman, Arthur Labrecque , and Associate Member Warre,-i Baughn. Petitioner appeared and explained the case the same as in the original appeal on file . No one appeared in opposition. The Board ?embers have the facts presented to the meeting, and are o1 the opinion that a Special Permit for which application is made, is in harmony rith 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 said pool as requeoted, subject to the following rONDITTONS : 1. Bona fide effort made to minimize noise and lights in order to avoid disturbing privacy of neighbors . 2 . -1 Use of the pool SHALL CEASEat 10:00 P.M. 3. Pool shall be constructed and maintained in accordance with tho. General Laws of the Commonw,Daith of Massachusetts , and the rules and regula- tions of the City Building, Health, Electrical , and Police Departments , and the City Zoning Ordinance , appli.cable to Swimming Pools . 4. A fence at least four feet high shall be installed and surround the perimeter of the pool itself; fence shall be constructed of pickets , or stockade , or chain link type material ; _rail fences shall. not be permitted; the fence shall have a locking device an-da closing device so as to keep the gate shut at all t.i.mes ; a minimum of one ladder, stair, ledge , or standup area, not over three feet below the water surface shall be provided for each seventy-five feet of perimeter; fence shall have only one opening, three feet maximum width. t (DECISION C'ONTINUGD) - 2 X15 - Poo-1 shall be constructed of materials that will provide a structurally sound and tight tank with impervious surfaces that are easily cleaned . No swim.ming pool or appurtenances thereto shall be installed or alle:red until a building permit has been obtained from the building Ins ;ecto.r. SPECIAL PERMIT GRANTED WITH CONDITIONS . Massachusetts Law requires that the attached Notice of Variance by the Board of Appeals shall be recorded by the Land Owner at the Registry of Deed.s . CITY OF SALEM - - - - BOARD Or APPEALS , By (Acting) Secretary 5 Aft Q i N�5 .GD,vI 'y s, WILLIAM F. ABBOTT `C rr 91 t y► ,q(t� �} �yq q,ry�j�pg�qg ypF� ,g JOSEPH F. DOYLE IIF I.��VEyl VAW��Sb{� .�"J.811NY�63L✓ 7JJetto' JOHN M. GRAY, SR. _a 7 l� ARTHUR E. LABRECOUE AJpp 73 �ourb of �kypral 111 1 ,� lO ��� 9 DONALD KOLEMAN G � WARREN BAUGNN luCITY C- .:.r,a• •r... EMERY P. TANCH � rF'C $�k'CMT41AII SN' PETITION FOR SPECIAL PERMIT TO INSTALL SWIMMING POOL: PETITIONER - - ALFRED D. BOZZI 14 SHILLABER STREET A hearing was held on this appeal on April 9, 1973, pursuant to notices mailed postpaid to the petitioner, board members , abutters , and others, and advertisements were duly published in the Salem Evening News, advis- ing of this Public Hearing. n Present at this hearing were Board Members Donald Koleman, Arthur Labrecque, Warren Baughn, William F. Abbott, and Chairman John M. Gray, Sr. Petitioner appeared and explained the case the same as in the original appeal on file. No one appeared in opposition. 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. 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 Zoning Ordinance. 4. A fence at least four feet high shall be installed and surround the perimeter of the pool itself; fence shall be constructed of pickets , or stockade or chain link type material; rail fences shall not be permitted; 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 seven- ty five feet of perimeter; fence shall have only one opening, three feet maximum width. - 2 - 5. Pool shall be constructed of materials that will provide a structur- ally sound and tight tank with impervious surfaces that are easily a 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 GRANTED WITH CONDITIONS. CITY OF SALEM - - - BOARD OF APPEALS , (Acting) Secretary -w C a -4 x CAN w rn M m r. c3 00 rn cn o -'0 0 r, ,� A c1DUULt WILLIAM F, ABBOTT ry� �y }}� �{�E{y{Q �}p/µ�� 1T' JOSEPH F. DOYLE i d p )RE6 ftWf �ttlrm, �Itt88ar4usett JOHN M. GRAY.SP C �a• APR [.L ZZ �11 4� varb o C Vpral ARTHUR E. LABRECOUE f ,9 DONALD BAUGHKOLEMAN WARREN BAUGHN CITY g�C�i gc�K{h'�$�gUgYFH ICE EMERY P. TANC DECI51T3N " pPETITION OF WILLIAM J. TREMBLAY TO ERECT TWO-STORY ADDITION TO EXISTING DWELLING AT 43 SPRING- SIDE AVENUE TO PROVIDE GARAGE AND ADDITIONAL ROOM, AND VARIANCE FROM APPLICABLE REQUIREMENTS OF CITY ZONING ORDINANCE WITH REGARD TO FRONT AND SIDE SETBACKS. The Inspector of Buildings refused to issue a permit to erect a two-story addition to an existing dwelling at #43 Springside Avenue in an R-1 Resi- dential area. Appeal was made to the Board of Appeals for a variance from the density requirements affecting lot area, lot width, and front , side and rear yard setbacks. A hearing was held on March 5, 1973, pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters, abutters to abutters , and others, and advertisements were duly published in the Salem Evening News advising of this Public Hearing. The Building Inspector in his letter of February 1 , 1973, addressed to the Petitioner, refused to issue a permit to erect a two-story addition to an existing dwelling, .stating that "such construction would be in violation of the density requirements of the City of Salem Zoning Ordinance with regard to setbacks from boundary lines" . The Petitioner appeared and recited to the Board the following evidence : that he wished to erect an addition of a room with a garage underneath, measuring 18 ' x 24' outside dimensions , giving him and his family of six, more living quarters for their comfort. The Petitioner' s plot plan indicates that the existing structure is non-conforming with a fifteen foot setback requirement of the Zoning Ordinance , and that the construction of an addition would expand the non-conformity. The addition would also be within seven to eight feet of the side- boundary line instead of the required setback of ten feet. ' Councillor Ingemi appeared in favor of the granting of this appeal. No one appeared in opposition. After studying all of the facts presented in this case , the Board finds that there is substantial hardship; the granting of a variance to erect an addi- tion as proposed would not be contrary to the public interest and that owing to special conditions , a literal enforcement of the Ordinance would result in an unnecessary hardship, that relief in the form of a Variance may be granted without substantial detriment to the public good and area and without nullifying and substantially derogating from the intent and purpose of the Ordinance. ,,SAPPEAL GRANTED. CITY OF SALEM - - BOARD OF APPEALS, , , s BY y Acting _ Se-cr�tary s` gqyg }p�yy �YY��y¢¢y��yy ry,,vv r �y� g�, WILLIAM F. ARBOTT f h � 'V~. _ 4rIV Bib 6A� ib6 'J.bllib3l7J C4L�P6R � J' Z21JOH LE ' 11...... 1 JOHNN F.M. GRARAY Y,, SP,. T S. n yh, L, F '1 p�1ry�. gyp, y(L� 1 Bey ]� t. ARTHUR F. LARRECQUE /1^ Et� lP `R3 1 OF RW Ff+IIPU YDl L�4a� DONALD KOLEMAN - WARREN'BAUGHN DECIskTftLLf)VevPVTUMEN OF ANTHONY CORSO, 100 SWAMPSCOTT RD,EMERYP, (ANCH ZIA Lois This is an appeal from the decision of the Building Inspector, who refused to issue a permit to erect a structure on the premises located at #100 Swampscott; Road, for occupancy as a private recreational club. The Building Inspector, in his letter of refusal to issue a permit , cited the following reasons for his refusal : "This area is zoned for Industrial purposes ; the density requirements of the City Zoning Ordinance for such districts require a frontage of 150 feet , and front , side, and rear yard setbacks of 30 feet from the boundary lines . Your plot plan shows nonconformity with these rules" . The Building Inspector also informed the Appellant of his right to appeal to othe Board of Appeals . A hearing was held on this appeal on September 24, 1973 , pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters , abutters to abutters , and others , and a notice duly published in the Salem Evening . News advising of this Public Hearing. Chairman John M. Gray, Sr. opened the meeting with Board Members Donald Koleman, Arthur Labrecque , William Abbott , and Associate Member Warren Baughn present . The Petitioner desires to erect a private recreational tennis facility which will include indoor tennis courts ; the Petitioner further alleges that the erection of such facility will not only enhance the area, but bring a complex to the area which is needed to serve the community. The plot plan submitted by the Petitioner was drawn by Joseph David Carter, Registered Professional ANTHONY CORSO, cont ' d. ) •Engineer. The total lot frontage measures 140. 7 ' ,• the side lot measurements are 20 ' and 11 . 7 ' respectively; the rear setback at the minimum is 30 feet . The City Zoning Statute for Industrial zones requires a 150-foot frontage and side and rear setbacks of 30 feet from each boundary line. The Board studied the plot plan and the construction plans submitted by the Appellant . After reviewing all of the evidence presented, and considering carefully the plans heretofore mentioned, the Board voted unanimously to grant a variance from the applicable density regulations with respect to varying the 30-foot rear and side yard setbacks and the requirement of 150 foot frontage. The Board found that in this Industrial zone , relief could be granted through the granting of a variance without substantial detriment to the public good or substantial derogation from the intent of the District or the provisions of the City Zoning Ordinance. .The Board also found that special conditions with respect to lot size and placement of the building exist -which are not .generally affecting other lots and structures in the District VARIANCE GRANTED UNANIMOUSLY. ~ Cj CITY OF SALEM - - - BOARD OF APPEALS , . o c= to W -�y BY , cW� ;YS Acting Secretary Ui J J U Q y 4s F o u� fWIILIFM F. ABBOTT JOS-PH F. DOYLE (gag L � of JOHN M.GRAY, HR. Q�� ����� � Q� ARTHUR K LEMAN OUE Mi S DONALD ON WARRLN BAUGHN EMERY P. TANCH �s� hYSTON ON PETITION OF HIGHLAND REALTY TRUST TO ERECT 'CONDOMINUMS BY SPECIAL PERMIT ON SWAMPSCOTT ROAD AND FIRST STREET. This is a direct appeal by Petitioner, Highland Realty Trust , which wishes t a Special Permit for the construction of condominiums this Board to gran i' t p s on land located between Swampscott Road and First Street as shown on the plans filed with the application. Pursuant to notices duly mailed to the Petitioner, Board Members , abutters , abutters to abutters and others , and notices published in the Salem Evening News advising of a public hearing on Petitioner' s appeal for a Special Per- mit in connection with the construction of condominiums on land of the Petitioner as shown on plans filed with the application, a hearing was held <*n August 13, 1973 , at the offices of the Board of Appeals , 5 Broad Street , Salem, Massachusetts , at, 8 : 45 P.M. Chairman John M. Gray, Sr; opened this . hearing with Board Members Arthur Labrecque , Donald Koleman, William Abbott , and Associate Member Warren Baughn present. Attorney John R. Serafini of Salem, Massachusetts , represented the Petitioner. At the hearing evidence was presented that the area in question is presently zoned R-3 or multi-family residential and that one of the uses permitted by the zoning ordinance of the City of Salem by Special Permit is the construc- tion of condominiums . The City of Salem zoning ordinance under its Special Permit uses in R-3 zones , specifically refers to condominiums and the con- struction of the same in accordance with the provisions of Chapter 183A General Laws of the State of Massachusetts. i� i 2 It was further brought out at the hearing that condominiums were completely .compatible with multi-family uses in R-3 zones . The project as presented by the Petitioner consisted of approximately 6$0 units to be constructed in various clusters with an emphasis on using the natural terrain and much open space. The engineers and architects con- r`p8., the netted with %die project went into extensive detail as to design, character C3 +l- . and lE�aironthe proposed development. n. Evidelire Jaas` troduced to the effect that under the condominium type of u.r Cr :kya owpershi3 s!�.r,,Xices to be provided by the municipality were minimal , the con- •":: dominium`s provided for its own maintenance of roads , snow removal. and sewer and water facilities while taxes to be paid would be substantial . There was further evidence presented that sewer and water installations were the responsibility of the developer and that engineers were working with City officials so that prior to the issuance of building permits , the .City Engineer would be satisfied. The density proposed of some twelve to thirteen units per acre as opposed to a permitted forty-four units per acre would make for a maximum utiliza- tion of open areas. By using the topography to advantage , the structures would be no more than three stories in height and would provide within each structure its own recreational facility. Mr. Paul D'Amour appeared in opposition, as did Mr. Salvatore Spinale. They expressed concern about the adequacy of sewer and water facilities . The Board pointed out that their function involved the sole question of a Special Permit for the construction of condominiums in an existing multi- family zone and that matters of the adequacy of utilities would be resolved and passed upon by the City Engineer and other departments before any permit Oo build could be issued. !1 - 3 - •lfter hearing all of the evidence , the Board found the following facts : 1. That the area in question is presently zoned R-3, or multi-family res- idential . 2. That condominiums are included as a use in R-3 zones by reason of a Special Permit . - 3. The�zoning- ordinance of the City . of Salem contemplates condominiums e� w m, U i.n� 3p_-zOnes . C3 a !�aa o ue 4. �ha,�,' t*21 petitioner has demonstrated to the City of Salem Board of M ppealweaihat she , or its heirs , successors or assigns intend to c:Jcv v lSncck multi family dwellings as defined by the City of Salem w zoning ordinance presently in effect , which use is permitted in that portion of an R-3 zone or district in said City of Salem, described in and included by the plans as filed with said application. �. That the ultimate ownership of the units to be constructed on said property is intended to be on an individually owned condominium basis , which form of otmership is not permitted by said City. o£ Salem zoning ordinance without the issuance of a Special Permit by the City of Salem Board of Appeals . 6. That the construction of the units shall be subject approval by the City Planning Board, the City Engineer, and the City Health Depart- ment as to the adequacy of sewer and water installations to serve the project before the Inspector of Buildings may issue building permits . The Board therefore , pursuant to the pmioer given to them by Section IY, Par. C of the . City of .S,] em Zoning Ordinance hereby grants to the Peti- sioner, its heirs , successors _and assigns a Special Permit to construct l 'multi-family dwellings" , as requested by the Petitioner and as presently defined and thereafter to dedicate and otherwise subject said afore- described property as constructed from time i;o time to a condominium - 4 - :Form of ownership, and take all other steps necessary and ancillary to said l;dication and subjection to a condominium form of ownership,. providing that the aforesaid petitioner, its heirs , successors , and assigns comply with all applicable provisions of the City of Salem Zoning Ordinance for "multi-family dwellings" , which have been met insofaras prior approval by this Board, and also comply with all applicable provisions of Section 183-A, as amended to date , of the Massachusetts General Laws as it relates to condominiums ; the Board finds that such approval of the special permit requested will not derogate from the intent of the zoning Ordinance which permits such con- struction. as a use permitted by Special Permit , and by unanimous vote of the Board of Appeals granted Petitioner a Special Permit as requested. CITY OF SALEM - - - BOARD OF APPEALS , • BY Acting Secretary tb cn ti &a w 41 la. W 5' ' (011 tiJ' M GJ W�g WLW f / \YLLLIAM F. ABBOTT 0 �q� JOSEPH F. DOY!.E [' /// �1.ygq��1 ,gq/� �..'c IV DIV a Cd�Lb66� ie:J.61i(b]13346LL/RA TJLA4� JOHN M. CRAY. SR. �5 ! l� / ARTHUR E. LABR'LQUE Ur H N 871 R1 ourb of Z�ppt DONALD KOIf.MAN �J 1l 1, EE V f`W a�• C.`y"y' WARREN BAUGNN CITY L�_�� �_ OFFICE EMERY P. TANCH RAL€M. Migg. OCTOBER 3, 1973 DECISION ON PETITION OF FRANCIS R. JOHANSEN TO INSTALL A SWIMMING POOL, AT 6 SYLVAN STREET. -_ A_ hearing was held on this appeal on September 24, 1973 , pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters, abutters to abutters , and others , and advertisements were duly published in the Salem Evening News , advising of this Public Hearing. Board Members present were Chairman John M. Gray, Sr. , Arthur Labrecque , Donald Koleman, William Abbott , and Associate Member Warren Baughn. Petitioner appeared and explained the case the same as in the original appeal on file . No one appeared in opposition. The Board Members have the facts presented to the meeting, 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 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 pri-vacy of neighbors . 2. Use of the pool SHALL CEASE at 10 :00 P.K.' 3. Pool shall be constructed and maintained in accordance with the General Laws of the Commonwealth of Massachusetts , and the rules and regulations of the City Building, Health, Electrical , and Police Departments , and the City Zoning Ordinance applicable to swimming pools. 4. A fence at least four feet high shall be installed and surround the perimeter of the pool itself; fence shall be constructed of pickets , or stockade or chain link type material ; RAIL FENCES SHALL NOT BE PERMITTED: 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 the water surface shall be provided for each seventy-five feet of perimeter; fence shall have only one opening, three feet maximum width. (DECISION CONTINUED) - 2 - t , 5 . Pool shall be constructed of materials that will provide a structura.11", sound and tight tank with impervious surfaces that are easily cleared. No swimming pool or appurtenances thereto shall be installed or altered until a building permit has been obtained from the building; Inspector. SPECIAL PERMIT GRANTED WITH CONDITIONS . Massachusetts Law requires that the attached Notice of Variance by the Board of Appeals shall. be recorded by the Land Owner at the Registry of Deeds . CITY OF SALEM - - - - BOARD OF APPEALS, BY �C - Acting Secretary ` a WILLIAM F. ABBOTT \C of .[vialrm /{$� ussa ( sleth, JOSEPH F. RAY, b} Vlld.�Y IL ' l.�a�.lL'Py}�S !{.�1{T1µy by JOHN M. GRAY, SR. C,C3IV ARTHUR E. LABRECCUE DONALD KOLEMAN •` _ c Nov I a q PM '7.� Pu�s of eul F WARREN BAUGHN EMERY P. TANCH CITY LE( N' , t}TILE DECISION ON PETITION OF RICHARD MALIOATECK, #21 THORNDIKE STREET. This is an appeal from the decision of the Building Inspector, who refused to issue a permit to erect an addition to an existing dwellin& at #21 Thorn- dike Street in Salem. The Building Inspector, in his letter of refusal to issue a permit cited the following reasons for the refusal : "Density regulations of the City Zoning Ordinance for this R-2 District are as follows : lot areas 7000 square feet with a frontage of 60 feet , front setback from boundary line 15 feet , side yard setbacks 10 feet each side . Your plan shows a 5000 square foot lot with a 40-foot frontage , a 2 to 4 foot setback from front boundary line , and a 2 foot side setback on one side and an 8 foot setback on the other side" . The Building Inspector also informed the Appellant of his right to appeal to the Board. of Appeals. Hearing was held on this appeal on September 24, 1973, pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters , abutters to abutters , and others , and a notice duly published in the Salem Evening News -.advising of this Public Hearing. Chairman John M. Gray, Sr. opened the meeting, with Board Members Donald Koleman, Arthur Labrecque , William Abbott , and Associate Member Warren Baughn present . The Petitioner states that there is serious hardship involved due to the space requirements of the family and the small house ; in the past , their ening room was converted into a bedroom for .the Petitioner' s mother. �J �(RSCHARD MALIONECK, cont ' d. ) The following additional evidence was presented by the Petitioner, Richard Malioneck. A working set of plans was submitted by the Petitioner, drawn by G. W. Eisener, Architectural Designer, and dated September 9 , 1973• A' plot plan is also submitted by the Petitioner, drawn by Carter & Towers Engineering Corp. , dated August 28 , 1973• The lot on which the Petitioner proposed Ihis addition contains 5000 square feet with a 40 foot frontage ; the proposed addition will give the side lot setback of only 2 feet 4 inches , and the other side setback of 2 feet 8 inches , which is in nonconformity with the density regulations for the R-2 Zoning in the area. After reviewing all of the evidence presented and the working set of draw- ing plans as well as the plot plan, and considering carefully the evidence submitted by the Petitioner, the Board found that the neighborhood contained other substandard size lots and the literal enforcement of the provisions of the Zoning Ordinance would cause substantial hardship to the Petitioner and that desirable relief may be granted in the form of a variance from the applicable terms of the Zoning Ordinance without substantial detriment to the public good and. without nullifying or substantially derogating from the intent of the District or the purpose of the Ordinance . The Board also found that special conditions exist which especially affect the land in this particular appeal. ' The Boar=v6W ed unanimously to grant the Petitioner' s variance . S LU M ��VV > > g CITY OF SALEM - - - BOARD OF APPEALS , Uj v -J_A BYg o Actino' Secr Lary Ga"vL WILLIAM F. ABBOTT y� y)9}� ��EE����{{{1N1��{�{ xp �t p 1Tp JOSEPH F. DOYLE Ctv of *Irm, 'ffl ssur4usette, JOHN M.GRAY,SR c H lll....... / ARTHUR E. LABRECOUE YiY oDONALD KOLEMAN varb of '�kyyett1 ` WARREN BAUGHN +CE EMERY P. TANCH PETITIONER - WALTER ABRAHAM, LOCATION - 65 VALLEY STREET. DECISION ON PETITION FOR SPECIAL PERMIT TO INSTALL SWIMMING POOL. A hearing was held on this appeal on May 16 , 1973, pursuant to notices mailed postpaid to the petitioner, Board Members, abutters , abutters to abutters , and others , and advertisements were duly published in the Salem Evening News, advising of this Public Hearing. Board Members present were William F. Abbott , Donald Koleman, Arthur Labrecque , and Associate Member Warren Baughn who was authorized to repres- ent an absent member for this meeting. Petitioner appeared and explained the case the same as in the original appeal on file . i No one appeared in opposition. The Board Members have the facts presented to the meeting, together with a plot plan showing location of 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 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 , and the rules and regulations of the City Building, Health, Electrical, Police Departments , and Zoning Ordinance , applicable to swimming pools . 4. A fence at least four feet high shall be installed and surround the perimeter of the pool itself; fence shall be constructed of pickets , or stockade , or chain link type material; rail fences shall not be Aermitted; the fence shall have a locking device and a closing device 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 perimeter; fence shall have only one opening, three feet maximum width. v (DECISION CONTINUED 's 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. SPECIAL PERMIT GRANTED WITH CONDITIONS. � I Laws of the Commonwealth of Massachusetts require that the attached notice of the granting of a Special Permit by the Board of Appeals be recorded by the Land Owner at the Registry of Deeds) . CITY OF SALEM - - BOARD �OFAPPEALS, BY (Acting) Secretary �✓ j n .gym „ �t,.CoIll , WILLIAM F. ABBOTT /,yt# of Zi enl 'Massachusetts JOSEPH I. RAY, � y.. LE R �E I J t.0 A��99..YY tlJ l64 It 9 .J.46 bl ARTHUR M GRABREC {l `J l.•y 1 ARTHUR F. LAl♦RECpUE ' IIyb 'L y,,�L,tt1 UONA!U K II.F/AAN "sem L nu 6 4� PN 73 i CLL 119+1+ p ♦ - WARREN 3AUGHN tllNi EMERY P. TANCH . CITA,. UV,qC;ETITION OF SALEM ACRES , INC . , LOT 76 J3 VALLEY STREET. This is a direct appeal by the Petitioner, Salem Acres , Inc . , through its counsel, George P. Vallis , of 70 Washington Street , Salem, Massachusetts . The locus of the property is Lot 76-J3 Valley Street , an R-1 Zoning District . The Petitioner appears before the Board in order to -seek a variance from the applicable terms of the City Zoning Ordinance with respect to a building lot with a 55-foot frontage in an R-1 Zoning district , where the requirement for frontage is 60 feet . Hearing on this Petition was held on September 24, 1973, pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters , abutters to abutters , and others , and notices were duly published in the Salem Evening News advising of this Public Hearing. Chairman John M. Gray, Sr. opened the meeting, with Board Members , Donald Koleman, Arthur Labrecque , William Abbott , and Associate Member Warren Baughn present . Attorney Vallis presented the following evidence : Lot 76 J-3 contains 34, 760 square feet of land with 55 feet of frontage on Valley Street , which is five (5) feet less than that required by the 'Zoning Ordinance. The Petitioner proposes to construct a dwelling house which will meet all the other requirements of the Zoning Ordinance. After reviewing all of the evidence presented, and considering carefully .the plan submitted by the Petitioner, the Board found that a literal enforcement of the Zoning Ordinance would cause substantial hardship to the Petitioner .and that desirable relief may be granted in the form of a variance to the X (SALEM ACRES, INC . , cont 'd. ) i I ,, applicable terms of the Zoning Ordinance without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the District or the purpose of the Ordinance . The Board voted unanimously to grant the Petitioner' s variance . i CITY OF SALEM - - - BOARD OF APPEALS, e� BY I y� P r _ (Acting) Secretary ad CO_ en s CO x.g Y O' �y r ` r,.ta^vin yR rt �y Ayq�} ���{��{�} �y *¢ 1Tp WILLIAM F. ABBOTT of "Salr ' .J'.YL ssadjusetti,' JOSEPH F. RAY, 1... JOHN M.GRAY, SR. �j i ARTHUR E. LARRECOUE 5' ♦. / o nttrD of DONALD KOLEMAN . ettl--- - WARREN BAUGHN DIIVL EMERY P. TANCH PETITIONER - ANTHONY PANOPOULOS, LOCATION - 4 WALL STREET COURT. DECISION ON PETITION FOR SPECIAL PERMIT TO INSTALL SWIMMING POOL. i A hearing was held on this appeal on May 16, 1973, pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters , abutters to abutters, and others , and advertisements were duly published in the Salem Evening News , advising of this Public Hearing. Board Members present were William F. Abbott , Donald Koleman, Arthur Labrecque , and Associate Member Warren Baughn who was authorized to repres- ent an absent member for this meeting. Petitioner appeared and explained the case the same as in the original appeal on file . No one appeared in opposition. The Board Members have the facts presented to the meeting, together with a plot plan showing location of 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 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, and the rules and regulations .of the Oity Building, Health, Electrical, Police Departments , and Zoning Ordinance , applicable to swimming pools . 4. A fence at least four feet high shall be installed and surround the perimeter of the pool itself; fence shall be constructed of pickets, or stockade, or chain link type material ; =rail fences shall not be permitted; the fence shall have a locking device and a closing device 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 perimeter; fence shall have only one opening, three feet maximum width. DECISION CONTINUED 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. SPECIAL PERMIT GRANTED WITH CONDITIONS. (Laws of the Commonwealth of Massachusetts require that the attached notice of the granting of a Special Permit by the Board of Appeals be recorded by the Land Owner at the Registry of Deeds) . j i CITY OO�F. SALEM- - BOARD OF APPEALS, BY ` cor rte l��ni (Acting) Secretary i e p T)1 WILLIAM F. ABBOTT R �q }y �q gpy�{,e L[.y't�g q�ryA-Iy���O, JOSEPH F. DOYLE jf` �yj it of 'Sak i{9 GCX✓biLd�li seff.F JOHN M. GRAY,SR. lll��� 1 ARTHUR E. LABRECOUE DONALD KOLEMAN our3 of ' +Ppgal WARREN BAUGNN ' EMERY P. TANCH PETITIONER - BRUCE LA BONTE LOCATION - 18 WALL STREET DECISION ON PETITION FOR SPECIAL PERMIT TO INSTALL SWIMMING POOL. A hearing was held on this appeal on June 20 , 1973, pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters , abutters to abutters, and others , and adveetisements were duly published in the Salem Evening News , advising of this Public Hearing. Board Members present were Chairman John M. Gray, Sr. , William F. Abbott , Donald Koleman, Arthur Labrecque , and Associate Member Warren Baughn. Petitioner appeared and explained the case the same as in the original appeal on file . No one appeared in opposition. The Board Members have the facts presented to the meeting, together with a plot plan showing location of 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. �y 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 , and the rules and regulations of the City Building, Health, Electrical , Police Departments, and the City .Zoning Ordinance , applicable to Swimming Pools . 4 . A fence at Least four feet high shall be installed and surround the perimeter of the pool itself; fence shall be constructed of pickets , or stockade , or chain link type material; rail fences shall not be permitted: 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 the water surface shall be provided for each seventy-five feet of perimeter; .fence shall have only one opening, three feet maximum width. DECISION CONTINUED) 5. Pool shall be constructed of materials that will provide a structurall, sound and tight tank with impervious surfaces that are easily cleaned , 6. :No swimming pool or appurtenances thereto shall be installed or alterec, until a building permit has been obtained from the Building Inspector. '' SPECIAL PERMIT GRANTED WITH CONDITIONS. r r Laws of the Commonwealth of Massachusetts require that the attached notice of the granting of a Special Permit by .the Board of Appeals be recorded by the Land Owner at the Registry of Deeds ) . CITY �OF�SALEM - - - BOARD OF APPEALS, BY Acting) Secretary j 8 J 9/ i ti /y��,twWt WILLIAM F. ABBOTT 4 RECEIVED p/��p�itU' Vf 2y ,q}py �ryq�{{gq¢�y}p ygg 1y JOSEPH F. DOYIE ,[��^^" `'i�&b Nb Gi�LA6l� C.$L�6dY7.r(AL .M Y� L� JOHN M.GRAY, SR. N {} A ,of ARTHUR E. tABRECOUE JUN 29 �� 20 "" "� (urb Cral DONALD KOLEMAN WARREN BAUGHN CI'T'Y GL NK'S OFFICE EMERY P. TANCH SALE14, 14ASS, RE-FLORENCE BRENNAN, 90-92 WASHINGTON SQUARE EAST, SALEM, MASSACHUSETTS. This is a direct appeal by the Petitioner, Florence Brennan, from the applicable terms of the' City Zoning Ordinance to allow the premises located at 90-92 Washington Square East , Salem, to be utilized for law offices . The location off' 90-92 Washington Square East is in an R-2 Zoning district , otherwise known as Residential two-family. Hearing on this appeal was held on May 16 , 1973, and thereafter, by request of the Petitioner, in order to introduce additional evidence , was continued to June 18, 1973 at 7:00 P.M. Present at the hearing on May 16 , 1973 were William Abbott presiding Chairman, Donald Koleman, Arthur La- Brecque , and Associate Member Warren Baughn. The Petitioner was repres- ented by Counsellor John R. Serafini , who presented tie following evidence : The application is submitted to obtain a variance from the Zoning Ordinance which would allow 90-92 Washington Square East , a large brick Colonial •building, to be utilized for law offices . The Petitioner maintained that such use would not derogate from the intent and purpose of the Zoning Ordinance , but would rather serve the nature of the neighborhood, regard- ing both its appearance and historic character. The Petitioner, through her, counsel , maintained that the building, a particularly fine Brick Fed- eral , was in compelling need of exterior restoration, and that the Peti- tioner, the present owner, was unable because of financial hardship, to maintain the building and carry out needed repairs . Counsellor Serafini indicated to the Board that the particular hardship is one which of its nature accompanies the land and buildings , and thus , requires relief from a literal enforcement of the Ordinance . Many neighbors , abutters , abutters to abutters and concerned citizens appeared in opposition for the granting of a variance , generally object- ing to the change in character of the neighborhood, which they believe would occur through any commercial use of the property in question. > After the close of the hearing and before the Board voted on the Peti- tioner ' s application, Counsellor Serafini communicated with the Board #of Appeals by letter dated May 21 , 1973 , and requested an opportunity to appear before the Board on this matter again in the form of a continued hearing to present additional evidence of the Petitioner' s plans for an accurate and professional restoration of the subject premises , as well 2 - as giving the Petitioner' an opportunity to contact the various objectors and inform them in detail of the Petitioner' s plans for the premises in question. The Board voted unanimously to grant Counsellor Se.rafini ' s re- quest and caused notices to be sent by certified mail, return receipt requested, to the abutters , abutters to the abutters , and other persons appearing at the original hearing on May 16 , 1973, as well as an adver- tisement duly published in the Salem Evening News advising of this con- tinued Public Hearing. By letter dated June 15,, 1973, addressed to the Board of Appeals , Coun- sellor Serafini indicated that "after careful consideration and evalua- tion of the objections raised to the above-petition, my clients have requested and I ask the Board on the above appeal , for leave to withdraw without prejudice . " The Board met in accordance with the published notice , at 7: 00 P.M. on June 18 , 1973, at which several members of the public and various resi- dents in the Salem Common area were present . Counsellor Serafini ' s letter of June 15, 1973,requesting- leave to *withdraw the Petition for appeal without prejudice was read and the various interested parties were informed that the Petitioner sought leave to withdraw without prejudice . • After discussion, it was unanimously voted that the Petitioner be given , leave to withdraw without prejudice . COW w r C.2 P CD G OtA CITY OF SALEM - - BOA D OF APPEALS, / W-. N u N (Acting) Secretary r a r �T,•GD�U/Tq., WILLIAM F. ABBOTT JOSEPH F. DOYLE ar RCEIVED (gTfJ IIfaIPttTa t% £�2XLI1$ P53 L� JOHN M. GRAY, BR. 7 rY ARTHUR E. LABP.E000E 73 t(}�r�( of ��ptj�}Q1 DONALD KOIE/AAnI 46 PH 0 •Ltt\ r�r EL"' 1, rJ' WARREN BAUGHN -CITY- CLLo,'CJt,C OFFICE EMERY P. 'fANCH N SALEM, ��$�1 D ION ON PETITION OF DAVID GOGGIN TO ALTER DUPLEX STRUCTURE AT 3-3Z WISTERIA STREET TO PROVIDE A FOURTH DWELLING UNIT. _ This is an appeal from the decision of the Building Inspector, who refused to issue a permit to alter the duplex type structure located at 3-32 Wisteria - Street , Salem. The Building Inspector in his letter of refusal to issue the permit, cited the following for his reasons for refusal : "This is _located in an R-2 dis- trict , zoned for two family residences , and the only authority to provide four apartments would only be obtained by a Special Permit granted by the Board of Appeals" . The Building Inspector also informed the Appellant of his right to appeal to the Board of Appeals . A hearing was held on this appeal on August 13, 1973 , pursuant to notices mailed postpaid to the Petitioner, Board Members , abutters , abutters to abutters , and others , and advertisements were duly published in the Salem Evening News advising of this Public Hearing. Chairman John M. Gray, Sr. opened this meeting with Board Members Donald Koleman, Arthur Labrecque , William Abbott , and Associate Member Warren Baughn present . The following evidence was presented by the Petitioner, David Goggin: The Petitioner seeks an appeal to allow him to remodel an existing three family dwelling presently located in an R-2 zoning district. The original format of the house was that of a duplex type dwelling. The Petitioner wishes to convert one of the duplex sides from its single family format to a two-family format with one apartment on each floor of each duplex half, making a total of four families . Petitioner states that proper egress is provided for in accordance with the Salem Building Code . The Petitioner has also submitted architectural plans drawn by James Ballou, registered architect , for the conversion of the 3 Wisteria Street side , consisting of the first and second floors . The Petitioner further stated that the property in question is located in a single parcel away from his, own home and was purchased by him after the property had fallen into a state of disrepair and deterioration. After purchase , the Petitioner maintains that he found, after a detailed investigation of the premises that the wiring, heating, and general condi- tion of the building was not adequate . A restoration of the building was found to be necessary and that the occupancy by only three families does of give adequate income to make feasible the restoration of the building, - 2 - , due to excessive costs . The Petitioner further states that six adequate park- ing spaces will be provided in the rear. sides the Petitioner appearing in favor of the granting of this variance , e following additional parties have signed, a petition in suppert of granting the variance : Henry and Jeannette Corbin, 5 Horton Street, owners of 5 Wisteria Street) F. John and Blanche Mahoney, 4 Wisteria Street. ______John_K. and_ Mary_ MacDonald, 6_WisteriaStreet, George and Madeline Turner, lZ Wisteria Street. Thomas J. and Nancy Oliva., 1.1 Wisteria Street. Henry J. and Alice Turcotte , 8 Wisteria Street . No one appeared in .opposition. The Board, being familiar with the site of the building in question, reviewed the plans submitted by the Petitioner and drawn by architect , James Bal.lou, and studied the evidence presented with respect to other multi-family build- ings in the immediate area. Discussion ensued on the condition of the build- ing and the plans of the Petitioner to properly restore it and bring it up t6 'Code standards . •f'ter reviewing all of the evidence presented and carefully studying the plans hereinbefore mentioned, the Board voted unanimously to grant a variance from the applicable zoning regulations with respect to an R-2 district . Tine Board, after discussion, found that the granting of a variance to allow a fourth apartment in the structure described would not be in derogation to the mean- ing and intent of the by-law nor of the zoning district , providing that the petitioner does provide the parking spaces for six automobiles . The Board voted unanimously to GRANT the variance . APPEAL GRANTED. CITY OF SALEM - - BOARD OF APPEALS , � �� BY t" i ACTING SECRETARY. Z3 O LU_ kd oy LU c� Z a v Fe e13 Gifu of "Salm, ►"5sar4 efts DECISION ON PETITION OF SALEM ACRES , INC . , TO ERECT WRLIAM F. AMTi n C JOEEPH E. DOYLE- A SINGLE "FAMILY DWELLING ON LOT -133A WITCHCRAFT.7ROlgD. - n�: r ARi siUR E LA 9RECOUE - ' r r m DONALD KOLEMAN Mr - .aARP.EN 1AUGHN g -t-• Rt -EM: P.r P. TANCH _ n V• m N c —cJ (A T: This is a direct appeal by Petitioner, Salem Acres , Inc . , represant:Wd by n -i Counselor George P. Vallis , to vary the applicable terms of the C^it;;L oning Ordinance for the lot located at 133A Witchcraft Road, Salem, Massachusetts. Pursuant to notices mailed to the Petitioners , their attorney, abutters, Board Members , and others , and advertisements .published in the Salem Evening News , hearing was held on this appeal on December 18 , 1972• Board Members present were Chairman John M. Gray, Sr. , William F. Abbott, Donald Koleman, Arthur Labrecque , and Associate Member Warren Baughn. Counselor George P. Vallis appeared in behalf of his clients and introduced . Whe following evidence ; That the lot in question is shown on a plan drawn by Joseph David Carter, . a registered land surveyor, and dated November 7 , 1972 , is conforming to the Zoning Ordinance for an R-1 District in all respects ,except for the require- ment of sixty feet of frontage ; Lot 133A, the lot in question, contains fifty feet of frontage instead of the required sixty feet ; Petitioners maintain that when the abutting lot and house were sold, it was found that the drive- way for the abutting lot was mistakenly installed over a portion of Lot 133A,. and that due to this error, approximately ten feet of frontage belonging to Lot 133A had to be conveyed to the adjacent lot thus making lot 133A approx- imately ten feet less than that required by the Zoning Ordinance ; the lot otherwise conforms with all other density requirements of the Ordinance. Mr. Howard Slater appeared in behalf of the abutter Murray Slater of 10 Witchcraft Road, to object to the granting of the variance. Mr. Slater stated although the existing vacant lot was presently an eyesore and that a building and landscaping might well improve the area, that he was concerned that the granting of a variance to Lot 133A might interfere with his ability Sto build a carport adjacent to his house , as well as other general objections. 'Among, those appearing in favor of granting this appeal were Mr. and Mrs . Stanley, Farrel ; also , Mr. and Mrs . Stanley Sypak and Mr. Thomas Meler, abutters . - 2 - *After hearing all of the evidence and considering it carefully, the Board finds that the proposed building of a single family house in this R-1 dis- trict will meet all of the density requirements of the City Zoning Ordinance with the exception of the lot frontage requirement of sixty feet ; the Board additionally finds that a variance to the Ordinance may be granted without substantial detriment to the public good and without nullifying or substan- tially derogating from the intent and purpose of the Ordinance ; the Board also finds that substantial financial hardship exists with respect to said lot owned by the Petitioners. The Board voted unanimously to grant Petitioners variance as requested. APPEAL GRANTED. BOARD OF APPEALS , City of Salem, BY 9OWN , Acting Secretary ew O ao i j W u1. -zt .-� j 2 W U z «WJ W J� _ rN a . � I v yCpM1D1(T, ' _ WILLIAM E. ABBOTT y w ��,�(�y{}}����9g{{�{Q Ct�gQ 1rp, JOSEPH M. GRAY, s / g of �$afr 1t� .d' {t�assurfluertf2' JOHN M. GRAY,SR. a ll_. 1' ARTHUR E. LABRECQUE rt ' curb of £FII DONALD KOLEMAN s ` M„I s rN 13 • ktUL, ,,.Y.JWARREN BAUGHN CITY EMERY P. TANCH I� � �',4A''S(S TITION FOR SPECIAL PERMIT TO INSTALL SWIMMING POOL: PETITIONER - FRANK COSTANGO LOCATION - 16 WITCH WAY A hearing was held on this appeal on May 14, 1973 , pursuant to notices mailed postpaid . to the Petitioner, Board Members , abutters , abutters to abutters, and others , and advertisements were duly published in the . Salem Evening. News , advising of this Public Hearing. Chairman John M. Gray, Sr. opened this hearing with Board Members Donald Koleman, Arthur Labrecque , William Abbott and Associate Member Warren Baughn in attendance. Petitioner appeared and explained the case the same as in the original appeal- on file. No one appeared in opposition. The Board Members have the facts presented to the meeting, together with a plot plan showing location of the proposed pool , and `are of the opinion that i 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 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 Depart- ment , and Zoning Ordinance. 4. A fence at least four feet high shall be installed and surround the perimeter of the pool itself; fence shall be constructed of pickets , or stockade or chain link type material ; rail fences shall not be permitted; the fence shall have a locking device and a closing device so as .to keep the gate shat at all times ; a minimum of one ladder, il stair, ledge or standup area, not over three feet below water surface ' shall be provided for each seventy five feet of perimeter; fence shall! _-. liave only one opening, three feet maximum width. �ti ' 2 � t j. Pool shall be constructed of materials that will provide a structurally sound and tight tank with impervious surfaces that are easily cleaned-; i 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 GRANTED WITH CONDITIONS. CITY OF SALEM - - - BOARD OF APPEALS, - M -uJ. .. v - • • BY Acting Secretary P%. uJ A G w s =X. < � ,w W -j . a: a WILLIAM F. ABBOTT JOSEPH F. DOYLE U t �? II2t1EItt� ,C'462iS$2it11LtSE# S' c JOHN M. GRAY, BR. ra X - yy,, ♦ 11 .ARTHUR E. LABRECQUE DONALD KOLEMAN WARREN BAUGHN EMERY P. TANCH DECISION ON PETITION OF ROBERT THORN TO STORE HOUSEHOLD SALVAGE ON LOTS #66 and #67 WYMAN STREET, FOR SPECIAL PERMIT AND VARIANCE' TO 'OPERATE SUCH BUSINESS. (LOTS#66 and -#67 are shown as Lot #28 on the Assessors ' maps ) . This is, a= direct appeal to the Board of Appeals by Robert Thorn of Salem, Massachusetts, to vary the zoning-by-laws in an R-1 zoning district to erect a fence around the perimeter of Lot 28 Wyman Street and to store household salvage on said lot, and request a special permit or zoning variance to• operate a household salvage business . The Petitioner indicates that he is the owner of a certain parcel of land located at Lots #66 and #67 Wyman Street in said Salem. A hearing was held on March 5, 1973, Pursuant to notices mailed postpaid to the Petitioner,, Board Members, abutters , abutters to abutters , and others, and advertisements were duly published in the Salem Evening News , advising of this Public Hearing. In addition to the Chairman of the Board, John M. Gray, Sr. , Board Members present at this. hearing were Donald Koleman, Arthur Labrecque , William F. Abbott, and Associate Member 'Warren Baughn. The following evidence was presented by the Petitioner: Hardship was claimed due to the fact that the Salem State College- took the Petitioner' s home and forced him to find a new location for his household salvage business . The Petitioner stated that he will live on the premises and conduct the business from the yard, and will erect a fence around the perimeter of the yard if the variance is granted. A representative of the Salem Redevelopment Authority appeared .in favor of the granting of a variance. Many people in the neighborhood area came in to voice their opposition to the granting of a variance and to the Special Permit for the operation of a salvage business on the premises . Joseph R. Ingemi, Jr. , the councillor of the ward, also appeared in opposition to the granting of the variance and special permit for the operation of the salvage business. After considering all of the evidence presented, the Board voted unanimously to deny the issuance of the Special Permit or the granting of a Variance to operate, a salvage business . The Board found that the granting of such a variance' or special permit would be in derogation to the intent and meaning of the Zoning By-Law and would cause substantial detriment to the area and zoning district.. 'SSVW 'H31VS APPEAL DENIED. rr331A A0 S �'" ?l 1 AII3 BOARD OF APPEAL - CITY OF SALEM BY Acting Secretary. e� o3AI303a