APPEALS DECISIONS 1974-1975 lS Nc- i � � o�tS
1.
1974
STREETS _ NAME PAGE
bb Street 29 Jalbert,Robert 1
ridge Street 94 2
d/b/a Mike 's Service Sta. Apostolos,Mike
ridge Street 335 LotB Magarian,Robert 3
Cedarview Street #38 Petit,Wgrren 4
Cedarview Street Lot#172 VerzaetalipTeresa 55
Center Street 6 MichallyszynjJoseph
Chestnut Street 171 Shreve,William 7
Circle Hill Rd. 9 LaBonte I Kenneth
Dustin Street 1 Powers,J .Donald 9
ort Avenue f55 Doran,Edward10
Hartford Street 6 Mastrogiovanni,Carmine (Additionll
`` n It ++ (Swimming Pool ) 12
Hawthorne Blvd . 18 Fisher,John 13
Highland Ave : 227 First Security Trust
Horton Street 12 Talbot,Helen 15
15
Japonica Street 18 Sullivan,Thomas it 17
it n n
Lafayette St. 76 Old Salem Investments,Inc. 18
19
Lafayette Street 284 Bershad,Laurence
Lafayette Street R-323 Maglilire,George 20
*.Lathrop Street8 DeSantis,John 21
Lawrence Street,)196A C1ottier,Frank 22
Linden Street 10 Morin,Richard 23
Linden Street 28 No.Shore Assoc . for 24
Retarded'-.Children
Loring Avenue 145 McDuff Swim Pool Service , Inc 25
Loring Avenue Loring Shopping Plaza Assoc. 26
Maple Street 24 Schaejbe,David 28
March Street #30-36 Galper,Murry 29
Margin Street 90 Femino,Jennie O (3 aPPaeU
Mason Street 115 Delpero,Ernest 3 9 .
North Street 251 LaMontagne,DAvid 32
North Street 2031 Robinson,Kenneth
Oakland Street 15 Jaworski,Walter
33
Oakland Street 27 Carbone,Peter 34
Pacific Lot 56 Bouchard,Robert 35
ioneer Circle 5 Nikitin, Harry 36
Putnam & Varney Sts .
3 Varney Street Galiatsatos,Ome.ros 37
Raymond Road 14 Meaney,Sophie 38
Ropes Street 5 Willis,William 39
Summit Street 55 Raney,Donald 40
Surrey Road 26 Ruane,Thomas 41
Valley Street 21 /Currie ,Kenneth 42
43
Walter Street 18 Hughes,Joan
Ward Street 60-62 Mailly,Gerard 44
* 1 Laurent Road Megalopolis Realty Trust 21A
DECISION ON PETITION OF ROBERT ? PATRICIA JALBERT TO
INSTALL A ShI^IDIING POOL AT 29 ABBOTT' STREET. 6_2 :}
�;i`4=:�• --��, iNG
'APRIL 2.�HE4R
, 1974
- WILLIAM. AH80TT /
Mtuoft� JOSEPH F. nOYIE
j rv'b6N �J L{� N]5� .OJ7r I I V JOHN M. GRAY.SR.
f A� ARTHUR E. LABRECOUE
( L �l^
iaurb of AnyrMI t{f 17oNA:n Ko:EMaN .
C • ) T �1 13 ei U u F711
ARREN RAUGHN
A hearing was held on this appeal on April 221: MERY P. TANCH
T9 ��77 " 4Zr, , 5W��6IMA
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 J61in 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 '9pecial 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.
5 J . Pool shall beconstructedand 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 $oning Ordinance applicaole 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.
SPECIA7_ Pb_RMIT GRANTED WITH CONDITIONS.
Massachusetts Law requires that the attached Notice of Variance by the
i Board of Appeal shall be recorded by the Land Owner at the Registry of
Deeds.
CITY OF SALEM BOARD OF APPEAL,
BY
Acting Secretary
RECEIVED HEARING - AUGUST 26v 1974
B
i,cc+u7J 3 7�
a un �� y 03 AR 'I 1 w'LunM F. ABBOTT
\(,,�1'••fT 1L aTry[l�T
JAMES H. BOULOCB
T' 8 V,ti o4 galem ��f�1 Q 1OSf tN F. DDVL!
ITY CL�r;f�`S OFFICE V LA✓iJµyL�L1 LTB it D.n M. LGRAV..D.E SOL
o
SALEHt NASI. A^.^°^ LABB[CU[
IIZirD C EMERY A .. LL
of LApVrA
t Mon.Awn wtL µ lYs
DECISION ON PETITION OF MIKE APOSTOLOS, D/B/A MIKE'S
SERVICE STATION FOR AN ADDITION AT 94 BRIDGE STREET.
This is an appeal from the ruling of the Building Inspector, who
refused to issue a permit for an addition to an existing service station
located at f94 Bridge Street, Salem, an R-.;2 District., The Building Inspecto�
cited as his reason for refusing to issue the permit that "The area is zoned
fot residential two family and an addition to this building would be an
extension of a non-conforming use."
The Building Inspector advised the Petitioner of his right to appeal
directly to the Board of Appeals. .
Hearing on this appeal was held on August 26, 1974, pursuant to
notices- mailed postpaid to the petitioner; Board Members., abutters, and
abutters to abutters and others, and advertisements were duly published in
the Salem Evening News advising of this public hearing.
Present were Chairman John .Gray, and Board Members William Abbott,.
. Donald Koleman, and Arthur Labrecque.
Robert A. LeDoux, esquire, with offices at 65 Federal Street, Salem,
Mass. , appeared as attorney for the petitioner.
The Petitioner states that he wishes to build an addition measuring .
47 feet by 14 feet. to be attached to the present g=rage, dig footings four
feet deep, filled with stone and concrete, build rfaYls 8 inches to 8 inches.:
with 16 inch cement blocks, build flat roof using 2 inch by 10 inch ceiling .
joists with 3/4 inch boarding, tar and gravel roof, lath and plaster "iling
furnish and install a 10 foot by 12 foot overhead garage door and lay 'floor
with 5 inch concrete. Attorney LeDoux, presented the following evidence:
The lot in question is located"'t x`94 Bridge Street at the corner of
Bridge Street and Pearl Street and contains approximately 21,900 square
feet. The service station is an existing Exxon gasoline station. Petitions
wishes to extend the nonconforming use by the addition of the said 47 foot
by 14 foot structure, to be connected to the existing structure. The set
i back of the new addition would be the same as the existing service station,
�- 55.8 feet. The side set back from the North property line would be 25.8
feet. The rear set back of the proposed addition would be 80.7 feet.
Attorney LeDoux informed the Board that traffic would be netering and
exitinggoff of Bridge Street and NOT Pearl Street. The Petitioner would
also be willing to property landscape the lot and completely renovate the
WILLIAM f. A..GTT
JAMES N. B EI
JOSEPH (. OYLI(
JOHN M. GRAY, '
(11,
:� uurD asEMERY TA
ARTHUR LAwwECOU,
CH
fUmF• C- J. NORMAN Wf LCM, /O.
PAGE .2 —DECISION MIKE SERVICE STATION
exterior of the existing building. The Board is familiar with the locus
of the site in question and with the other commercial and neighborhood
businesses in the immediate area.
After reviewing the site plans submitted and
made a,
.part of the
record, the Board finds that it may grant a variance to allow the construct-
ion of the pnoposed addition without substantially derogating from the
meaning and intent of the Zoning By-Law.
The Board further finds that the granting of such a variance will not
be a detriment to the neighborhood. The Board finds that with the re-model-
ing of the present structure and the landscaping of the lot that the present
service station will be improved and that the proposed landscaping will
esthetically improve the grounds.
.� The Board, therefore, voted unanimously to grant the variance, j
subject only to the following:
1. That the grounds be landscaped properly; and
2. That the exterior of the existing building be renovated at the
same time that the proposed addition is erected.
i
GRANTED - SUBJECT TO CONDITIONS
SALEM BOARD OFAPPEAL
4M. Af
BY
(Acting) Secr t ry
i
� ,CObVip, JQ, - WILLIAM F. ABBOTT
'Q c T r����}�} F��yA/{y�t L� jp JOSEPH F. DOYLE
s qqqq,.
RECir it ii{ SAM, J�Lµ�L({LLILIL� jy JOHN M. GRAY. SR.
/ •T_ M •11�J �j 44TTYYTT ARTHUR E. IABRECOUE
4 `1 FI I 'Y�varb Ul ��.r� rA - DONALD KOLEMAN -
• l l WARREN BAUGHN
CITY OFFICE SALEM- WASS3EARING - MARCH 18, 1974 EMERY P. TANCH
PETITION OF ROBERT MAGARIAN TO RENOVATE EXISTING BUILDING ON
LOT B 335 BRIDGE STREET FOR SALE OF FLOOR COVERINGS AND PLACE
A SIGN ON TIE EXISTING BUILDING.
This is an appeal from the decision of the Building Inspector, who on
February 25, 1974 refused to issue a permit to renovate the interior of
an existing building on Lot B, 335 Bridge Street , Salem, and to continue
the non-conforming use of said existing building. The Building Inspector
notified the Petitioner of his right to appeal .
A hearing was held on this appeal on March 18, 1974, 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.
1
The Acting Secretary, Donald Koleman, abstained from his vote and dis-
qualified himself from taking any part in this matter.
Attorney Arnold J. Levin, 10 Lowell Street , Peabody, Massachusetts ,
appeared for and on behalf of the Petitioner, Robert Magarian.
Mr. Levin presented the following evidence :
i
The area in question is zoned as an R-2 residential district, although
the existing building has been used for warehouse storage for over eighty
(80) years. The present area on Bridge Street , although zoned R-2 , is
utilized by various businesses and industries .
Plans submitted by Attorney Levin and drawn by Mario R. Del 'Arciprete ,
architectural designer, indicate that there is to be no expansion of the
present building, but rather only replacement of windows , new doorway and
partial new facad and over-head glass door to be installed. The Petition-
er wishes to use the new building as a sales office related to the conduct
of his business in retailing carpets and rugs. Parking will be provided
on the property in front of the building in question. Petitioner also
wishes to place a sign on the existing building.
No one . appeared in opposition to the Petition.
The Board, after carefully considering the evidence presented, reviewing
the plot plan and the plan of the front elevation and being familiar with
the location, finds that there is substantial hardship involved due to
the building' s unique location, and the Board unanimously voted to grant
the variance sought and found further that the granting of such variance
would not nullify the intent of the Zoning Ordinance or the purpose of
the Zoning Ordinance .
CITY OF SALEM - - BOARD OF APPEAL
GRANTEDBY /� �� C% �/
Acting Secretary
f 5 1
��jCOtiLIT1
`� �0i� '/�tql'♦ y� rt �} yy{ �y y}r/{y'�} n n WILLIAM F. ABBOTT �
of ` Ujj0 Lt fQ aSSUr4Urjp jj1.F.IVED JOSEPH F. DOYLE
A `J (J��1J Cryo- 1 �f� JOHN M GRAY,SR.
' ARTHUR E. LADRECOUE
nttr of ��J;TEtti AR ' 22 Ar, Z� DONALD KOLEMAN �
�q _ r
W.vmf.V
CITYiLtnr,'SurFICE WARREN BAUGHN
EM .
NOVEMBER 26 , 1973 EMERY R. TANCH
SALEM. MASS.
WARREN J. PETIT, 38 CEDARVIEW STREET TO PROVIDE FOR A SINGLE
FAMILY DWELLING UNIT AT REAR #38 CEDARVIEW STREET.
This is an appeal from the decision of the Building Inspector, who refused
to issue a permit to renovate an existing garage structure to provide for
a single family„dwelling unit in the rear of the dwelling at #38 Cedar-
view Street, Salem, as such construction would be in violation of the
density regulations of the City Zoning Ordinance with regard to single
family residential areas .
The Building Inspector further called Petitioner' s attention to ' the
minimum lot area per dwelling unit requirement of 7 ,000 square feet, with
a frontage of 60 feet , a 30 foot rear yard and 10 foot side yard setback.
The Building Inspector further advised the Petitioner of his right to
appeal his decision to the Board of Appeals.
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 a notice duly published in the Salem Evening
` advising News
4_ g o£ 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,
Neither the Petitioner nor anyone on his behalf appeared at the hearing.
However, a communication dated November 24, 1973 was received by the
Board of Appeals from Warren J. Petit , indicating that he would not be
able to be present at the hearing for personal reasons.
Appearing against the granting of the petition was Attorney William L.
Mahoney, Jr. , who presented a Petition signed by 27 residents in the area
who were opposed to the granting of this variance . From the Petitioner' s
petition and the letter of refusal to issue a permit by the Building
Inspector, the Board of Appeals was able to determine the following:
The plan submitted by the Petitioner showing a lot area of 5 ,208 feet
with an existing dwelling thereon; a frontage of 500 feet , a distance of
22 feet between the dwelling and the garage , whereas the OxIdinance requires
a distance of 40 feet between the buildings ; further, the proposed new
dwelling unit presently a garage structure , at one end is 1 foot 9 inches
1
,PSION - WARREN J. PETIT (Continued)
#id the other end is 5 foot 2 inches from the rear lot line , and the side
---t back is 6. 5 feet. The Petitioner, in his application, says that he has
married daughter and it would be a great helf financially if he could
I
convert the garage into an apartment for her.
Various people appearing in opposition indicated their objection on the
basis of lack of adequate plans being submitted, non-conformity with the
Zoning By-Laws and diversity of ownership.
After reviewing all the evidence presented and considering carefully the
plans submitted by the Petitioner, the Board found that there was no sub-
stantial hardship involved and that the granting of a variance in this
case for the conversion of a garage structure would create a substantial
detriment to the public good and would substantially derogate from the
intent of the District and she purposes of the Zoning By-Law.
The Board voted unanimously to DENY the variance.
Donald Koleman, Acting Secretary
i
c
X
{
WILLIAM F. ABBOTT
' C3 �l p ?X1Pm, wJ4►G►�� LL�Ai DE LA JOSEPH F. Y
LE
JOHN M.GRAY,
SR.
yL xN��,/ ARTHUR E. LABRECOUE
APR 23 4 22 PH '1jIIttrb Df C wl DONALD KOIFMAN
WARREN BAUGHN
CITY e:,Efi K°s uFFi6�. EMERY P. TANCH
IQ1`
DECISIbUI&WITION 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
StEreet, 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 enforce-
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
j substantially derogating from the intent and purpose of the Zoning BY-Law.
4 VARIANCE GRANTED. CITY OF SALEM - BOARD OF APPEALS,
BY
Acting Secretary
DECISION ON PETITION OF JOSEPH J. MICHALLYSZYN
TO INSTALL A SWIMMING POOL AT_6 CENTER STREET.
...Tn HEARING. - ABRIL 22 , 1.974
WILLIAM F. ABBOTT
LJ'�O�SEPH)��F. D�OYLE
R � btlNttg of "'5air a, FI4822C LtSPtts RE EI{RAY. SR.
e �0n' m ARTHUR E. LABRECOUE
c FIIMrb of Appeal APR A D04Ag5KAj+174
M'9 \moi. 4
R�G1MNEvy ._ .. WARREN BAUGHN.,—. -.
CITY CLL"_ T etJPRC£
A hearing was held on this appeal on April 22 , 1974; pursuantSALGEM,MAS$.
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 Labreaque,
Donald Koleman, William Abbott , and Associate Member Warren Baughn.
Petitioner appearedoand 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.
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 OFl SALEM - -_ B ARD OF APPEAL
BY
Acting
` Secre ary,
HEARING May 30, 197 ,
WILLIAM F. ABBOTT
JOSEPH F. DOYLE
-WEffu of afriul IF, IT
n5mr, tioleft5 JOHN M. GRAY, SR.
ARTHUR F. LABRECOUE
I t
All 174
JUL C k; 51 DONALD KOUFMAN
crarb af '4p1m,
Rf' WARREN BAIJOHN
CITY OFFICE
DECM�-RT- W, �ETITTON OF W-TILIAM H. SHREVE TO ALTER A EMERY P. TANCH
GARAGE TO THE USE OF A GARAGE, STORAGE AND ART STUDIO
This is an appeal from the ruling of the Inspector of Buildings who
refused to issue a permit for the alteration to a building located at
172 Chestnut Street , Salem , which at the present time is used as a
garage with storage and a wood shop on the second floor. The Petitioner ,
William H. Shreve , applied for a permit to alter the use of said garage
by building a dormer measuring approximately six feet from the second
floor for the length of the South side of the barn at 1712 Chestnut Street ,
and the installation of a sky light on the Northern pitch of the roof
as indicated on the attached architectural drawing. The zoning in this
. district is a residential two family and the area in which the building
is located is included in the Salem Historic D-strict of Chestnut Street .
Hearing was held on this appeal on May 30, 1974, pursuant to notices
r 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. , Donald
Kol-eman, Arthur Labrecque , William Abbott and Associate Member, Warren
Baughn.
The Petitioner, William H. Shreve , appeared on his own behalf. No
one appeared in opposition. James H. Ballou, Architect , presented the
case for the Petitioner and introduced the following evidence :
There is a barn or garage in the rear of 1'112 Chestnut Street ,
which is presently used as a garage . The Petitioner wishes to alter
the use of the barn-garage so that he may use the second floor of the
premises as an art studio. The garage or barn is of generous dimensions ,
produces no income presently and the Petitioner wishes to take advantage
of the space on the second floor for his own family' s use . A Certificate
of Appropriateness has been Issued by the Salem Historic Commission,
which states "The owner proposes to raise the southern pitch of the barn
roof at 1721 Chestnut Street appro,,�J-mately two feet and enter. glass
-ftwj.n.do-,.,Ts , six feet high, the length of the dimension of the barn (see
attached drawing.
o to
WILLIAM ''. A3001;
�\ ( !gg¢S�}q JOSEPH F. DOYLE
-'I �1�L3 13b (((ff :A cLlit� klC1J a�6b La Li.fv.s A.r.?�tf6® JOHN M. GRAY, SR.
13'c, ' } s J ARTHUR E. IANRE:OUE
uarb of ( ttFVWI JUL �r y 57
DONALD Y.CLEMAN
1. ` J') ` WARREN OAUGHN
CITY CU WS OFFICE EMERY P. TANCH
SALEK HASS.
Pg. 2 - DECISION - William Shreve , 172 Chestnut Street
The Board, being familiar with the location and reviewing the
plans drawn by architect , James Ballou, discussed the granting of the
variance and thereafter voted four to one to grant said variance and
further found that there is substantial hardship _involved due to the
building' s lack of utility, unique location and size . The Board further
found that the granting of the variance would not in any way be contrary
to the public interest and that owing to the special conditions cited
above , a literal enforcement of the Ordinance would result in un-
necessary 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
Zoning Ordinance .
VARIANCE GRANTED
CITY OF
SALEM ---BOARDOF APPEAL,
BY
Actin Secre/ary %L
,Ap
DECISION ON PETITION OF KENNETH LA BONTE TO
INSTALL A SWIMMING POOL AT 9 CIRCLE HILL ROAD. o
HEARING -q APRIL 22, F�19,,7},./��/4yy.�� - WILLIAM F. ABBOR
Cig of Salew, :l assn�QLA t,{� �I JOSEPH F. DOYLE
1.... 1 JOHN M. GRAY, SR.
p` ' ARTHUR E LABRECOUE
r WDtlrb of � > N �� v 46 AH 7� DONALD KOLEMAN '
h!ca;wEoh'r-_ .. _ __ 'WARREN 9AUGHN_._.,..._..
CITY CL=i R';; OFFICE EMERY P. TANCH
A hearing was held on this appeal on April 234LEl1%*A4Spursuant 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.
l 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 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 o alem - -_ BOARD OF APPEAL
BY
A_c`g , Sec ta-:,y- r-
WILLIAM s. geeori
C7 C /��♦C� "1r JT JAMES H. BOULDER
JOSEPH I. DOVLE
JOHN M. GR<V, BR,
�a /� Cp''Py� (`� V�{r ARTHUR LII BRECOVE
EMERV P
k L'w Llf�% , ` IIIIYV Y{ TANCM
I'JI
J. NORMAN *ALCH. JR
DECISION ON PETITION OF J. DONALD POWERS, 1 DUSTIN STREET FOR
PERMISSION TO ADD A ONE STORY ADDITION. pp nnuu ,11
This is an appeal from the ruling of the Rui).�d��lln(�p W�d130who
refused to issue a permit for a one story additR Tto an existing
dwelling at #1 Dustin Street , Salem, a Residential M.9 EfE{air jy
Zoning District. The Building. Inspector cited as his reason for
refusing to issue the permit the lack of necessary side and rear
yard depth.
Hearing on this appeal was held on August 24, 1974, . 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. , and Board Members Donald
Koleman, Arthur Labrecque, and William Abbott.
J. Donald Powers , owner and resident of #1 Dustin Street appeared
on his own behalf and presented the following evidence:
The plans submitted to the Building Inspector and made apart of
this record, show the construction of a one story addition to include
a family room and a bathroom to an existing dwelling, #l, Dustin Street,
Salem. The proposed addition would be built between the existing
dwelling and the existing garage, an area approximately 27 feet by 21
feet. The plans also show the expansion of a part of the existing
garage, an area of approximately 5 feet by .12 feet.
The Petitioner stated that his family, consisting of a wife and five
children from the ages of 8 to 16 years , require more room in their home.
The addition of a family room and a second bathroom would lessen the
hardship caused by the small area in the house .
The lot size is approximately 5,000 square feet and the setback in
the front and rear yard are less than those. required by the Zoning Ordi-
nance. The proposed addition would be 7.3 feet from the side lot at .
its closest point and the rear lot measurement would be 8.6 feet.
The Board, being familiar with the area in question. and after-
thorough review of the plot plan and building plan submitted, finds
�~ [
(�(� WILLIAM [. AP9pTi
�Tt�1 IIfttlCm, ttggtt� gg##g DEMES N. 90ULGE
V Y 'ASE S . O YLE
UIG
JOHN M.,GRAY. E,
ti
r elf\(f11fnT�
ARTHUR LOUE PYHIV of EMERY V. TANCN
—
J. MOPM4H WELCH. JP
PAGE 2 DECISION J. DONALD POWERS
that it may grant a variance to allow the construction of a
proposed one story addition without substantially derogating from
the meaning and intent of the Zoning By-Law. The Board further finds
that there is' a substantial hardship due to the lot size and that the
granting of this variance would not be a detriment to the existing
neighborhood.
The Board voted unanimously to GRANT THE VARIANCE.
� i
SALEM ('BOARD OF APPEAL
BY
Acting Secretary
ti
IS
HEARING JULY 29, 1974ffJC.MC11N1-E..ABBOTT
JAMRE EEVE �[ t of tt[E [�jQS�SC 1tSE 1�1 JOSEPH
N. BOULDER
qqq (��/ }�'1� ` Jv JOSEPN F. p::YLE
.I ' 7 7 JOHN M..GRAY, SR.
/n¢�E F�(��.`p ,�,�EF,,,1 ARTHUR LABRECOUE
SEy J L IU 16 AH1744 {Spyarb of �"vd E MERY P. tANCN
`CL iC1E ,y CCEE ` ll.. 1 ) 1'NORMAN WELCH, JR
DECISC1\ DS..TSTION OF EDWARD W. DORAN TO ALTER A
STORE L Ta155 FORT AVENUE TO PROVIDE FOR AN ADDITIONAL
APARTMENT.
This is an appeal from the ruling of the Building Inspector, who
refused to issue a permit for the alteration and conversion of a
store located at 155 Fort Avenue, Salem, to provide for an additional
apartment. The Building Inspector' s refusal was based upon the fact
that the area in question is a B-2 District zoned for highway business
and that residential occupancy would be non-conforming.
Hearing was held on this appeal on July 29, 1974, 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. , and Board members Donald
Koleman, Arthur Labrecque , and William Abbott.
The Petitioner appeared on his own behalf and presented the
following evidence
He wishes to change the interior of the store and add a half
partition to convert the store into a three room apartment . All
facilities , including plumbing and electrical, are existing with minor
changes . The store at this location has been vacant for over a year
and the possibility of renting in this area is extremely difficult
and creates a great hardship for the Petitioner. There was an
apartment where the store is located for over thirty years , although
its use was discontinued when converted into a store. The abutters
on all sides , except for one , are residential units. The Petitioner
has owned the property for five years.
The Board, being familiar with the area in question and after
reviewing the plans submitted, finds that it may grant a variance to
convert the store in this three unit building back to an apartment
without causing a detriment to the neighborhood and without being a
derogation from the meaning and intent of the Zoning By-Law. The
Board also finds substantial hardship for the Petitioner.
• It was unanimimously voted to, GRANT the variance.
SALEM �$OARD OF APPEAL,
GRANTED BY /j/�/
Acting Secretary
RECEIVED HEARING - SEPTEMBER 23, 1974 J
UCl 24 9 03 AM 174 /cL3 /)j
�' � y C tt1Em /'p�I,1J(► � � SE#t$ WILLIAM FABBOTT
" JAMES H. BOULDER CLEkdit of JOSEPH F. OOYLE
JOHN M. GRAY. BR.
bR //rygq��B ` ARTHUR LABRECOUE
.IRvnrb o "vd EMERY >, WELC
{l(p N4Y J. NOPMpN WELCH, JR.
c" DECISION OF THE PETITION OF CAR14INE AND JOYCE MASTROGIOVANNI
FOR A VARIANCE TO CONSTRUCT A ONE STORY ADDITION TO AN EXISTING -
DWELLING AT 6 HARTFORD STREET.
This is an appeal from the decision of the Building Inspector,
who refused to issue a permit to extend a, dwelling on the Petitioner's
property at 6 Hartford Street, Salem, an R-1 Zoning District. The
Building Inspector, in refusing to issue the permit, cited his reason
as "This is a residential one family zone and you would not conform to
the density requirements with this addition. The minimum requirements
in a rear yard in an R-1 District are 30 feet and your plan shows a
maximum of 15 feet to the property line at one point in the rear if this
addition is added." The Building Inspector informed the Petitioner of
his right to appeal from the decision to the Board of Appeals.
Hearing was held on this appeal on September 23, 1974. Pursuant to
otices mailed postpaid to the petitioner, Board Members, abutters,
butters to abutters and others, advertisements were duly published in
the Salem Evening News advising of this public hearing.
Present were Chairman John Gray, and Board Members William Abbott,
Donald Koleman and Arthur Labrecque.
The Petitioner, Carmine F. and Joyce A. Mastrogiovanni, appeared
on their own behalf. There petition requests the granting of a variance
to expand the dining room of their single family residence at 6 Hartford
Street an additional 8 feet to the rear of the house and to add on an
8 foot by 5 foot enclosed porch to that addition. Petitioners indicated
that the Building Inspector refused to issue them a permit because the
addition would not conform with the density requirements and further
stated that minimum requirements for rear yard in an R-1 District are
30 feet. The plan submitted herein and made a part of this record in-
dicates a maximum of 15 feet to the rear yard line if the addition is
constructed.
The Board reviewed the evidence presented and the plot plan which
indicates a partial rear yard depth of over 93 feet and the balance of the
Wear yard depth at its narrowest point after the construction of the
proposed addition of 15 feet. The lot in question is an irregular size
lot. The Board, being familiar with the location of the lot in question,
found that it could grant a variance to allow the construction of the
,A.GW • WILLIAM F. AB90TT
J M J�LBEyLE► + JAMES H. BOULDER
Ctv of '$Ae t 'En�Eassa EFjuseff's JOSEPH F. DOYLE
��VV N444V C.V•KYYULaIl{DG�e
1 1 JOHN M. GRAY. SR,
` /� ARTHUR LABRECOUE
X11 xiarb � 'j„EµN EMERY P. TANCH
�S'A• •en /l4pYN`11FF YY` LA. �1}E/y J. NORMAN WELCH, JR.
�COOHE
PAGE TWO - DECISION -- C. & J. MASTROGIOVANNI
ADDITION as outlined without substantially derogating from the
intent and meaning of the Zoning By-Law and found further that the
granting of this variance would not in any way be a detriment to the
neibhborhood. The Board further found hardship with respect to the
large, however irregularly shapedllot.
VARIANCE UNANIMOUSLY GRANTED
SALEM BOARDS OF APPEAL
BY
TAc ing Secretar
i
pA.
DECISION ON PETITION OF CARMINE F. .& JOYCE A.
MASTROGIOVANNI TO INSTALL AN ABOVE GROUND SWIMMING POOL AT
6 HARTFORD STREET.
HEARING - MAY 30 1974. WiuiAM F ABBOTT
c T 1 ,y✓-> TIP
++��^''' i��} Fpggy p� ( JOSEPH F DOYLE
� C E I V C.D JOHN M. GRAY, SR.
C rt}r �!}��\�yl� 1 '74 ARTHUR E. LABRECOUE
S l.tr i KAY 14 i � .2b �� f.cr Y• E2Il Juh J f[. []i{ 1, I I 0� DONALD KOLEMAN
f clNr. Y WARREN BAUGHN
CITY LLL.:t n' Gf FICE EMERY P. TANCH
A hearing was eld$6.LE!&hK"Fippein May 30, 1974, €�HMS'to
notices mailed po aid to the Pett tioner, Board Members , abutters ,
abutters to abutters , a ers 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
r disturbing privacy of neighbors .
2. Use of the pool SHALL CEASE at 10:00 P.M.
1
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 ✓ .� G cam' ;) ct d> s�L��
Acting Secretary
I'qjg > `\\\ ♦1yp� r@'{^' �p 5f a¢}-� fig,!ry�!,+rEyy �q(� 105EPH i. DOYLE
of 'lib m, >..J aJ7JadjuiJ1bt (:il��.L�� JOHN M. GRAY, SR.
1 " t ARTHUR E. LAR.QECOUE /J
51 DONALD KOLEMAN J
�9Ar ./}
I WARREN BAUGHN
HEARING - APRIL 22 . 19 I7y (.I CitK':. OFFICE EMERY P. TANCH
LE
SAM. MASS. a/�
DECISION ON PETITION OF JOHN P. FISHER FOR A SPECIAL PERMI
TO CHANGE THE USE OF A PRESENT NON-CONFOR111ING STRUCTURE �/
LOCATED AT #18 HAWTHORNE BOULEVARD, SALEM.
On Monday, April 22nd, 1974, a hearing was held on the application /
of the above-named John P. Fisher, requesting a Special Permit for
a change of use of a non-conforming structure .
Notices were mailed, postage prepaid to the Petitioner, abutters , •
abutters , to the abutters and others and duly advertised in the
Salem Evening News.
Board Members present were Chairman, John M. Gray, Sr. ; William F.
Abbott , Arthur Labrecque , Associate member Warren Baughm, and
Donald Koleman, wha acted as secretary to the meeting in the absence
of Joseph F. Doyle ; also unable to attend was Associate member
Emery P. Tanch.
The Petitioner, through Counsellor John R. Serafini , indicated that
the building in question had been used for many years as a funeral home
by the late Walter MacDonald and has since been acquired by Marvin
Pocharski .
The Petitioner, in this instance , having signed an agreement to
purchase the property, wishes to change the use of the property from
a funeral home to Professional Offices , in which he plans to establish
his practice of dentistry. Mr. Serafini indicated to the Board that the
�1 Petitioner was a young dentist about to be discharged from the Army
and very much interested in establishing his practice in this general
t vicinity. He also indicated that the proposed plans for this structure
would involve no structural changes and would amount only to a change
of use.
The Board after careful consideration, found that the granting of a
Special Permit would not derogate from the intent of the zoning
ordinances as it merely involves a change of .use in a building which
is already non-conforming. The Board also found that it would be a
benefit to the City of Salem to allow for the change of use .
All members voting in favor, the special permit as requested, was
GRANTED.
CITY 0 SALEM - BOARD OF APPEAL
BY• la' C�iv�2�r�
Acting Secretary '�
HEARING - JULY 29, 1974 `
• FIRST SECURITY TRUST - 227 HIGHLAND AVENUE
WILLIAM I. ABBOTT
(/ Q E\,'r/1 II{}jT, /}Tr Salem,
/�/�{���(�{Q �} �t tpT1 -JAMES H. BOULDER
.•' ' j'T� y V`4u SAA riSalem, �:1.(I Lnsea�tjuOr4Rs JOSEPH F. DOYLE-
` JOHN M. GRAY, SR.
�YYYy `ry YY}r ay / ARTHUR LABR ECO UE
'�I, jaurY Y` Cy�yVr EMERY P. iAELC
� /�' Jwl/M 414E J. NORMAN WELCH, JR
�I tr:I:3LVEA"� ` -
Decision on Petition of FIRST SECURITY TRUST for a variance frolu the
applicable terms of Section VA, paragraph 8 , permitte�Pus�bJ IttcAUAkal
Districts and for a Variance from the applicable terrq!K,Egf Section 7C4
with reference to driveway openings of the City of S3��m Zopp,g Ordinance
tTiY L�n�.. >_tk.iAASS.
to permit use of an entire parcel of land as shown on plans submitted
with the application.
By direct appeal through Counselor John R. Serafini , Petitioner requested
the Board of Appeals to grant a variance from the applicable require-
ments of the City of Salem Zoning Ordinance so as to permit the use of
the parcel of land as outlined on a plan submitted with the Petition,
situated at approximately 227 Highland Avenue , Salem, Massachusetts,
in its entirety for B-2 purposes , for use as a shopping center, and
to vary Section 7C4 so as to comply with the State Department of Public
• Works permit for driveway openings.
In accordance with advertisements published in the Salem Evening News
on July 12th and 19th, 1974, a hearing was held on this appeal on
Monday, July 29th, 1974 at 8:00 P.M. at 5 Broad Street , Salem, Massa-
chusetts . Notices to abutters , the Petitioner, their attorney, Board
Members and others advising of this public hearing were mailed postpaid.
Board members present at the hearing were : John M. Gray, Chairman;
William F. Abbott , who acted as Clerk; Arthur E. Labrecque , and Donald
Koleman.
Counselor Serafini appeared on behalf of the Petitioner and introduced
evidence to the effect that a portion of the land in question which
was zoned a distance of approximately 450 feet back from Highland Avenue
for highway-business purposes , was part of a parcel of land which
contained approximately 17 acres as shown on plans filed with said
application. That a portion of said parcel was zoned for Industrial
use. Further evidence was introduced that access to the rear portion
of the parcel of land, namely the Industrial portion, was only through
. the B-2 portion abutting Highland Avenue. Further evidence was intro-
duced that the B-2 portion was not sufficient in and of itself to
P J�L,y�J� (( j,
JAMES H. BOULGEP
:i// •YIT tt oSSp A�'YY S�'tS�tY EE{414Q� T}L JOSEPH DONLE
IIl G,,l ppp V4�-YJ 666 {A iiiL�SL{.� KD GS L�L�uU LZ1 JOHN M. GR4 Y, BR.
XARTHUR LABRECOUE
EMERY P, TANCH
curb of;t;>- Bpx
ral
\k�_ wti a 1 J. NORMAN WELCH. JP
J1LVE�
PAGE 2 - DECISION - First Security Trust - 227 Hi-ghl.and Avenue
support the shopping center proposed, and that therefore , the Industrial
portion of this land was to be used in connection with the B-2 portion
so that the entire parcel was to be used for shopping center purposes
as permitted in Section B-2 of the zoning ordinances of the City of Salem.
The Petitioner introduced evidence that in accordance with state require-
ments an opening for the shopping center entrance on Highland Avenue had
to be approximately 173 feet in length to comply with State requirements.
It was pointed out and evidence was further introduced in the form of
an opinion from traffic consultants , namely; Alan M. Voorhees & Associates ,
Inc . , that an opening not as wide or of lesser design standards would
tend to create difficult vehicle manuevering and deteriorate the safety
aspects of the intersection, and therefore was essential in order to
secure and minimize the safety problems. The plans submitted showed the
detail of the proposed curbeut and that on the basis of the proposed
use of the entire parcel as a shopping center, it was the opinion of the
Petitioner and its traffic consultant , that such an opening was required.
Further evidence was introduced to the effect that the shopping center
would bring a substantial tax benefit to the City of Salem and would
provide employment and would permit the immediate development of land
which had remained idle for many, many years , and that the parcel in
question being in two zones , presented, in fact , a hardship to the
Petitioner, since access to the rear portion of the land could only be
through the B-2 portion.
Councillor Peter Bouley appeared and stated that he was in favor of the
application as filed just as long as the entire parcel was used for
commercial or B-2 purposes. He was assured that this was the case , and
that commercial use was planned for .the entire parcel of land.
Councillor Joseph R. Ingemi , Jr. , councillor for the ward, also asked
that he be recorded as being in favor of the Petition as filed.
The Board found as facts that the entire parcel of land, consisting of
�some 17 acres , was in fact to be used for commercial or B-2 purposes £nr
a proposed shopping center. The Board also found that approximately 450
feet of the proposed parcel which abuts Highland Avenue, was already zoned
for B-2 purposes and that the rear portion of the land was zoned for
Industrial use.
GtN9WILLIAM F. ABBOTT
'JE�unyJ�nJ►�{ �}E��t }�1TTL JAMES H. BOULDER
J05a DOYLE
Ctv iTf 2IjPm, ti8$2YC lt$E $ JOHN M.EPH F GRAY, SR.
Wt{t �By$L F,y� ♦F }yy� y� ARTHUR LABRECQUE
Jamb M• c pical EMERY A TANCN
! 1 J. NORMAN WELCH, JR.
G!!ic;E
PAGE 3 - DECISION - First Security Trust - 227Highland Avenue
The Board found that access to the rear portion of the land could only
be obtained by using the B-2 portion of the property and that this in
fact created a hardship. The Board found further that the proposed
curbcut was complimentary to and necessary for the 'use of this parcel
as a shopping center and that in the interest of safety, that a variance
to permit the curbcut as requested was necessary. The Board further
found that to use the entire parcel for commercial business with the
proposed curbcut , as shown on the plans submitted, would not derogate
in any way from the intent of the zoning ordinance of the City of Salem
and not to permit the entire parcel to be used for commercial purposes ,
or the requested curbcut , to be granted, would cause a serious hardship
to the Petitioner. The Board therefore unanimously voted, all members
voting in the affirmative , to grant the variances requested in connection
with Petition filed on behalf of First Security Trust .
FOR THE BOARD OF APPEAL
BY: Acting Secretary' �i
fM WILLIAM F. ASWTT
�y 4MEF M, 90VLGER
4 - ig �2Issadjuseft8 JOSE.N F. PGYL[
Cof Salem
•I 7 JONN M. GRAY, on,
^Z
ARTHUR LAILREC0,E
TANCH
` narb of lll... 111
AMENDMENT TO DECISION OF BOARD OF APPEAL ON VARIANCES GRANTED
TO FIRST SECURITY TRUST, 227 HIGHLAND AVENUE, FILED AT THE
CLERK' S OFFICE SEPTEMBER 6 , 1974•
The Board of Appeals of the City of Salem, Massachusetts,
in reviewing its decision on the Petition of First Security
Trust for a variance from certain provisions of the City of
Salem Zoning Ordinance with respect to land situated at approximate-
ly 227 Highland Avenue in Salem, Massachusetts, has discovered
that an ambiguity appears in said decision and that a scrivener' s
error was made in preparing the same. Said decision was filed
with the City Clerk of Salem, Massachusetts on September 6 , 1974.
Certain portions of said decision might be interpreted as requiring
that the full 17 acres referred to therein be used for commercial
or B-2 purposes. Said portions might also be interpreted to mean
that said entire parcel be used for a proposed shopping center.
In order to clarify this ambiguity with respect to said portions,
the Board of Appeals hereby expresses that its intent is merely .
that the full 17 acres be used for commercial or B-2 purposes.
The scrivener' s error referred to above is the omission of the
following sentence from said decision:
"The Board found further that the requested variances
could be granted without substantial detriment to the public
goodly.
Amendment adopted by an unanimous vote of. the Board of Appeal
1
on September 23, 1974.
FOR THE BOARD OF APPEAL
O)
W BY:
Q Y Acting Secreta y
N
N
- T J
CVLa
mw+z i
WILLIAM F. ABB07T
9 `r� JOSEPH F. DOYLE
A �it Y Of p�vAeM� ?i8$tiS�����0
� JOHN M.GRAY, SR.
Vzr;f�
%r MSSS lc� p
ARTHUR E, LABBECOUE
23 All of AypraPARO
DONALD KOIEN.AN
�fanvF.�' t_ r WARREN BAUGHN
NOVEMBER 26 , 19MY (.Li:�.i\'J OHIGE EMERY P. TANCH
SALEM, MASS.
DECISION ON PETITION OF HELEN TALBOT TO OPERATE A CERAMIC
SCHOOL IN THE BASEMENT AT 12 HORTON STREET
This is a direct appeal by the Petitioner, Helen Talbot , of 12 Horton
Street, Salem, an R-2 residential zoning district who, according
to her petition, wishes to set aside an area in her basement for
a ceramic school set up. "It would be of a limited basis and would
not constitute a nuisance or consist of materials that would be
dangerous . No objectionable noises would be emitted. The principal
item to be used would be an electrical oven which would be used for
the taking of pottery. "
Hearing 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 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 introduced the following evidence and a plan of the
basement :
Petitioner wishes to conduct a small ceramic studio in a basement
area which measures approximately 13 feet and 6 inches by 27 feet.
The proposed ceramic studio located in the basement will have its own
entrance at basement level and will accommodate only a limited number
of adult students , numbering no more than sixteen (16) at one time .
No one appeared in Opposition to the granting of this variance and
the Board, after due deliberation and considering all the evidence
presented, found that subject to certain restrictions , enumerated
below, the Petitioner could operate a ceramic studio in the basement
of her residence without substantially. derogating from the intent of
the District or the purposes of the Zoning By-Law. The Board additionally
finds that there would be no substantial detriment to the public good
and subject to the following restrictions voted unanimously to grant
the variance applied for:
CONDITIONS :
1 . Permission to operate said ceranic studio with respect totoilet
and other health facilities must be obtained from the Salem Board
of Health.
2. Petitioner must conform the requirements of the Departmentof
y Public Safety with respect to the number of students and proper
fire Proofingof furnace Ice area and proper electrical and fire.
I
safeguards .
azw
TALBOT DECISION - CONTINUED)
3. In no event will there be more than sixteen (16) students at
one time , if not further limited by the Department of Public
Safety.
VARIANCE GRANTED UNANIMOUSLY.
CITY 0 ! SALEM BO R APPEALS
Donald Koleman, Acting Secretary
L
r
DECISION ON PETITION OF THOMAS J. SULLIVAN, 18 JAPONICA ST,7777
«2,T�
WILLIAM F. ABBOTT /
p((^^((�� y yam$ yq$` ��}p(y� ¢} r�{�Q}�$�t {�qy yyy{�F�r� y� JOSEPH F. DOYLE 777
TTT q' RE CE� 1' tSf o �a1r1 11 io:1.614aSSarh1153Ltt73 JOHN M. GRAY, SR.
U.-} ,_` ti Il
(} r9�p��gg 1..g� 1 ARTHUR I. LABRECOUF.
S',sRIlt P JUL Lt i �� �i� 9p`6 ?3ourb of �Vpeal DONALD YOLEMAN
k\L�IfFF'.D�
CITY
y4ltN : JCCcc IbEWARRFN BAUGHN
EMERY P. TANCH
uALENo NA64.
This is a direct appeal to the Board of Appeals. The work proposed is as
follows :
The Petitioner is the owner of a parcel of land containing 8.800 square feet
of land, more or less, on which there is presently situated a factory and
warehouse and used as a chemical processing plant. The petitioner 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 unit dwelling
house which is permissable as a special use under Section V (B-3 ) .
A hearing on this appeal was held on March 18, 1974, 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 meeting was opened by Chairman John M. Gray, Sr., with Board Members,
Donald Koleman, Arthur Labrecque, William Abbott and Associate Member,
Warren Baughn, present.
Attorney George P. Vallis appeared for the Petitioner, Thomas J. Sullivan..
Appearing in opposition was Mrs. Charles Slager, 17' Japonica Street and Peter
McSwiggin, 6 Deveraux Street, who raised a question of drainage.
Attorney Vallis introduced the following evidence :
The building situated on the parcel is structurally sound, but will require
substancial rehabilitaion to make it habitable for dwelling use. It would
be economically unfeasible to rehabilitate the building for use- as a two
family house. It is submitted that in granting the Special Permit and Var-
iance to the Petitioner there would result no diminution. in the value of
surrounding properties and that it would not result in any adverse effects
or in any way be detrimental to the abutters, or other surrounding properties
On the contrary to the PetitionerPs proposal if alloued would help to upgrade=
the neighborhood and enhance the value of surrounding properties.
Members of the Board reviewed the architectural plans presented and drawn by
Three Associates of 3 Central Street, Salem, and raised several questions
regarding the interpretation of the pians.
At the request of Attorney Vallis, the Petitioner was given leave to withdraw
without prejudice to amend his plans.
The Board voted unanimously to grant Petitioner leave to withdraw without
prejudice.
CITY OF SALEM •- - BOARD OF APPEAL
BY ry / CP
Actin becretar �
iFeARING - MAY 30, 1974 /
/ILLIAM F ABBOTT _
Sy - ♦ rr �}II }m�� /�((((((�{{{{�M}�}E� �}/�±E�'/yYy*{[ TlTl JAMES R. BOULGER
5} + o{ (.Lj�4�l C.�`�{]ilsail `{{Z1rt ` JOSEYM G. DGVLE
) JOHN M GRAY. SR.
♦ ARTHUR LABRECOUE
AL1Y MT may, J'] /L EMERY P. TANCH
�j�^rE � •l �M11 GV,E' 971 .MMS♦ Yl �yW ./�// NORMAN WELCH, JH
DECISICWB ^I'iZON OF THOMAS J. SAN TO RENOVATE
AND ALTER AT 18 JAPONICA STREET INTO �A FOUR UNIT
DWELLING.
This is a direct appeal to the• Board of Appeals . The work proposed
. is as follows :
The Petitioner is the owner of a parcel of land containing 7, 500
square feet of land, more or less , on which there is presently situated
a vacant factory and warehouse , used as a chemical processing plant .
The Petitioner has executed an agreement to sell the premises to
George Maguire . Trustee of Orne Street Realty Trust and wishes to
obtain a special permit and variance from the Board of Appeals which
will present the renovation and alteration of the building into a four
unit dwelling house which is a permissable use under Section V (B-3) .
A hearing on this appeal was held on May 30, 1974, pursuant to
notices mailed 1 d 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 meeting was opened by Chairman, John M. Gray, Sr. , with Board
Members , Dnnald Koleman, Arthur Labrecque , William Abbott and Associate
Member Warren Baughn, present .
Attorney George P. Vallis appeared for the Petitioner and introduced
the following evidence .
The building situated on the parcel is structurally sound, but will
require substantial rehabilitation to make it habitable for dwelling
use. It would be economically unfeasible to rehabilitate the building
for use as a two family house . It is submitted that in granting the
Special Permit and Variance to the Petitioner there would result no
diminution in the value of surrounding properties and that it would
not result in any adverse effects or in any way be detrimental to the
abutters or other surrounding properties . On the contrary, the
Petitioner' s proposal if allowed would help to upgrade the neighbor-
hood and enhance the value of surrounding properties .
No one appeared in opposition.
The Board, being familiar with the particular building and the area
in general and having carefully studied the plans showing the proposed
conversion of the building, voted unanimously to grant the variance and
special permit requested by the Petitioner subject to the submission
�CM�T WILLIAM F. ABBOTT
(��y /�y�♦ jT, (� JAMES H. BOULDER
i5 T RECEIVED KL II�J Qf p211P1tIFIS$MtLI t{ P4�v JOSEPH F ROYCE
7 ` JOHN M. GR4q SR.
r ARTHUR LABRECOUE
a . EP I(' ill 17 AM 174; n�r� of rxzl
71 E
EMERY A TANCH
J. NORMAN WELCH, JR.
U "Titttia'A ION - THOMAS J. SULLIVAN, 18 JAPONICA STREET
to the Building Inspector .of detailed plans showing the work to be
in conformity with the City of Salem 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 as requested 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-laws would
cause substantial hardships to the petitioner.
VARIANCE AND SPECIAL PERMIT GRANTED UNANIMOUSLY SUBJECT TO
CONDITION HEREINBEFORE MENTIONED.
SALEM BOARD OF QQAPPEAL
BY
(Acting)Secretary
'hill
el+gym WILLIAM F. ABBOTT
JOSEPH F. DOYE
D ` tllEltt 2ASMt1IP � .
il�Yn; ) JOHN M. GRAY,
LSR.
a�.`��Yj�a r.EL�S -E9,�tTfi ARTHUR E. LABRECG'JE
Xoourb C`y.yP � DONALD KOIEMAN
lll... J l WARREN BAUGHN
EMERY P. TANCH
MAY 30, 1974 - DECISION - METCOM BUILDING (Continued)
The purposes to which the petitioner wishes to put the premises
would make full use of the present building without placing unreasonable
burdens on the area for parking and attendant uses.
Because of the uniqueness of a structure of this nature on a small
lot so close to the central business district of the Citv it would be
impossible to meet the Zoning requirements for parking. The premises
are surrounded by available parking areas some of which are municipal
parking areas and by private parking areas adjacent to the premises .
The premises are not in or near a residential area but are in a
largely commercial area surrounded by retail businesses and offices .
The petitioner submits that in granting the variance and special
permit 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 of other surround-
ing properties.
No one appeared in opposition.
The Board, being quite familiar with the particular building in
.' question, and the area in general , and having studied the plans , including
a plot plan, showing the proposed conversion of the building voted unan-
imously to grant the variance and special permit requested by the
petitioner.
The Board reviewed all of the evidence presented and considered care-
fully the plans heretofore mentioned. The Board found that relief could
be granted as requested without substantial detriment to the public good
or substantial derogation from the intent of the district or the provi-
sions of the City Zoning Ordinance , that literal enforcement of the
provisions of the Zoning By-Laws would cause substantial hardships to the
petitioner and that special conditions with respect to use and parking
exist which are not generally affecting other lots and structures in the
district.
VARIANCE OR SPECIAL PERMIT GRANTED UNANIMOUSLY.
CITY OF SALEM BOARD OF APPEALS
BY:
(acting) Sec etary
7-
0/
WIMAM F. ABBOTT
jOSEPH F. DOYfE
oPf RECEORm GRAY. R.till '9
'.RMJR E. iASRECOUE
Nourb of A 1. KtPTi,ml:
ppeal JUL 0 8 X41 R'I N "
C V ,
BA GIN
HEARING - MAY 30, 1974 CITY U;-E t 4�TV� -r f CS
SALEM. ASS.
DECISION ON THE PETITION OF OLD SALEM INVESTMENTS , INC . , 76 LAFAYETTE ST.
This is a direct appeal by the Petitioner, Old Salem investments ,
Inc . , through its Attorney, George P. Vallis , 70 Washington Street , Salem,
from the applicable terms of the City Zoning Ordinance , to allow the
conversion of the building commonly known as the Metcom Building into
four condominium units to be used for commercial purposes , including
retail stores on the first floor and offices on the second and third
floor and a restaurant which will serve alcoholic beverages to be
consumed on the premises on the fourth floor, renovating the building
and tearing down a portion of the one story structure on New Derby Street
to provide for off the street parking for approximately 20 cars .
Hearing was held on this appeal or. May 30, 1974, pursuant to notices
mailed postpaid to the Petitioners , Board Members , Abutters , abutters to
abutters , and others , and a notice was duly published in the Salem
Evening News of this Public Hearing..
Chairman, John M. Gray, Sr. opened the meeting, with Board Members ,
William Abbott , Donald Koleman, Arthur Labreque and Associate Member,
Warren Baughn, present.
The petitioner, Old Salem Investments , Inc . , holds an option to
purchase the premises containing 14,193 square feet of land on which
there is situated a four story factory structure. Across the street from
the premises is an industrial district and the premises are in close
proximity to business district B-1 and the central business district B-5.
This application is submitted to obtain a variance from the applicable
terms of the Zoning Ordinance with respect to :
1. Use of a portion of the building as a restaurant for the sale of
alcoholic beverages which is not a permitted use in a B-4 district.
2. Use of the remaining portion of the building for retail and
office purposes without the parking requirements required by the Zoning
Ordinance.
A special exception from the terms of the Zoning Ordinance was also
requested to permit the conversion of the building into four condominium
units for said use .
It was pointed out that the proposed use for a restaurant for sale
of alcoholic beverages is permitted in B-2 and B-3 Zones , but for some
inexplicable reason the proposed use is not included in a B-4 Zone in
spite of the fact that presently in Salem there are at least five similar
establishments in B-4 Zones. ?
v .GDhT„
.IY - WILLIAM F. ABBOTT
Q'
"Tt$g 8ftt1em, Ifitt$ tt�Ju�� 'vo
JOSEPH F. DOYLE
v'
, ^a ¢ JOHN M.GRAY, SR.
� ARTHUR E. LABRECOUE
- � Puttrb of c yyeal MAR .( d 22 AN, 7�1
DONALD KOLEMAN
JANUARY 7 , 1974 - WARREN SAUGHN"
CITY cl{.,•','•'_ Cr FICE� EMERY P. TANCH
SALEM. MASS.
PETITION OF LAURENCE BERSHAD, 284 LAFAYETTE STREET, SALEM to expand
a present lodging operation to serve not only food but also beer and
wine.
This is an appeal from the Building Inspector, who refused to issue
a permit.
Hearing on this appeal was held on January 7 , 1974, 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.
Throug" communication dated December 31 , 1973, the appellant
notified the Board of Appeals that for the present time he wished
l_
to withdraw his petition without prejudice.
After considering the application, the Board voted unanimously td
allow the Petitioner leave to withdraw his petition without
prejudice.
Donald Koleman, Acting Secretary
}
DECISION ON PETITION OF GEORGE E. MAGUIRE, TRUSTEE OF
ORNE ST. REALTY TRUST TO INSTALL A 8WIM11IING POOL AT R-323 LAFAYETTE .STREET.
HEARING - MARCH 18, 1974
WILLIAM E ABBOTT
JOSEPH F. DOYLE
of "2§tTllem, JOHN M. GRAY. SR.
ARTHUR F. LABRECOUE
Wourb of �pypttl �✓'R �� a� NN '74 DONALD KOLEMAN
A \@ M1 lll.. WARREN BAUGHN
` CITY GLL�,% EMERY P. TANCH
;;rFICE
A hearing was held on this appeal on March 18 , §A)lia4- MASS uant 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.
No one appeared in favor.
A letter from James J. Neary, 327 Lafayette Street was received in opposi-
tion.
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:
T 1 . Bona fide effort made to minimize noise and lights in order to avoid
disturbing privacy of neighbors .
l
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 chair 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 wit=h 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 theRe stry of Deeds
CITY 9F SALEM '- - - - BQX D 0F APPEAL,
.,,scam HEARING - JULY 29, 1974 'AawWILLIAM F. AOSOTT
'
JAMES N. BOULDER
Ar RECEIVED (llIf 1 of Salem, oar set JOE: YLE
JOHNHN M. GRARAY, SR.
}{�' e,}' ART NUR LARRFCpVE
SEP I L IG 17 AN 974 Poarb of ( ""Vd EMERY R. TANC4
J. NORMAN WELCH, JR
. JOHN
ATE
0 %��EFS�� DINGNAOTF8FLAT OPDSTREETIASTA FOURVFAMILYD
DWELLING.
This is an appeal from the ruling of the Building Inspector, who
refused to issue a permit for alterations for the building located
at #8 Lathrop Street , Salem, a Residential two family Zoning District.
'The Petitioner wishes to renovate the building and occupy it as a
four family dwelling.
Hearing on this appeal was held on July 29 , 1974, pursuant to
notices mailed postpaid to the Petitioner, Board Members , abutters ,
abutters to abutters and others and advertisements were duly publish-
ed in the Salem Evening News advising of this Public Hearing.
Present were Chairman John M. Gray, Sr. , and Board Members Donald
Koleman, Arthur Labrecque , and William Abbott.
Arnold Tawlow, Esquire , of Lynn, appeared on behalf of the Petitioner,
�. F. John DeSantis and introduced the following evidence :
The present building at #8 Lathrop Street has , in the past , been
used as a four apartment building. A serious fire severely damaged
the building prior to its purchase by the Petitioner. The Petitioner
has restored the exterior of the building and a substantial part of
the interior and now wishes to continue with the restoration in accord-
ance with plans filed with the Board and made a part of this file ,
which indicated a four apartment dwelling. The cost of renovation
has been high and the Petitioner feels that it will be necessary to
have the income from the apartments to justify the expenditures for
said renovation.
Appearing in favor of the granting of the variance was Frank Famico,
Clarence Stanton and William H. Herwig. No one appeared in opposition.
The Board, being familiar with the location of the building and
being familiar with tis exterior renovation and after reviewing the
plans submitted finds that it may grant the variance sought without
substantial detriment to the area and without being in derogation
j from the meaning and intent of the Zoning By-Law. The Board also finds
substantial hardship on the basis of the evidence submitted. IT WAS
UNANIMOUSLY VOTED TO GRANT THE VARIANCE.
GRANTED SALEM BOARD OF gAPPEAL,
BY
(Acting) Secretary
�!L°' � WIf LIAM F. ABBOTT
�� �- C�', 'y}`' '�y yyq �tl y}y/p+} }{yA `7 / t Josmi F. DOYLE
�� ,f KYt gl o4 �alenl� M N iX LIiX-6/J1L.LR� ��44-i Ytl D - JOHN M. GRAY, SR.
'2. n r I. �R
b�L`ly.. � of/ ARTHUP, F. LAEkECOUE'
\J� -„fj jaurb of �Ppeal hay t� c lq�1-tL D NALD KOLEAiAN
J_T L" 51 A 1 '4 RREN BAUGHN
' ��l1Mt�
HEARING APRIL 22, 1974 �1 t a
CITY EMERY P. TANCH•\
-c%�;,'� (1rFICE y, �'d
SALM MASS.
DECISION ON PETITION OF MEGALOPOLIS REALTY TRUST TO ERECT
A FOUR-UNIT APARTMENT ON LOT Z-2 ALSO CALLED LAURENT ROAD'
SALEM, MASSACHUSETTS.
On Monday, April 22nd, 1974 , a hearing was held on the application of
the above-named, Megalopolis Realty Trust , requesting a variance from
the application of the zoning ordinance relative to lot size require-
ments , frontage and rear yard requirements.
Notices were mailed, postage prepaid to the Petitioner, abutters , abutters
to the abutters and others and duly advertised in the Salem Evening News .
Board Members present were Chairman, John M. Gray, Sr. ,. William F. Abbott ,
Arthur Labrecque , Associate member Warren Baughm, and Donald Koleman,
who acted as secretary to the meeting in the absence of Joseph F. Doyle ;
also unable to attend was Associate member Emery P. Tanch.
Plans submitted indicated a lot area of 9 ,086 square feet with a frontage
of 85 . 32 feet and a rear yard of 27 feet. The zoning requirements for
R-3 zones are 12 ,000 square feet lot area, with 100 feet frontage and a
rear yard of 30 feet.
The proposed location of the structure would be in harmony with the
front and side yard setback requirements.
The Petitioner, through counsellor Robert A. Ledoux, appeared at the
hearing and indicated that subsequent to the granting of a variance in
1968 by the Board of Appeals , the City of Salem took an easement of
1 approximately 5 ,000 square feet of land owned by the Petitioner for flood
control purposes . Because of the easement the petitioner would not be
able to build on this land on Laurent Road.
The terrain of the property is such that the proposed variance is a
reasonable one and in view of the adequate parking, and that the
contemplated structure was of the residential type , befitting of the
neighborhood, and in view of the terrain as not being conducive to other
types of construction and in view of the zoning changes of 1965, which
changed this zone to R-3 , making larger area requirements , it would be
a substantial hardship not to allow the Petitioner to construct the
proposed dwelling.
As the proposed construction does not derogate from the intent of the
zoning ordinances and because of the hardship caused to the Petitioner if
not allowed to construct the building as proposed, the Board voted unan-
imously to grant the requested variance.
GRANTED CITY OF.-SALEM - -20/ARD OF APPEAL
Acting Secretary
� r
HEARING - APRIL 22 , 1974 YJ
WILLIAM F. ABBOTT
JOSEPH DCYtE
of 'Saleir,
-jr JOHN M GRAY, SR,
ARTHL)R E. tABRECQUE
DONALD KOLEMAN
oarb of rAgypezli
WARREN BALIGHN
EMERY P. TANCH
DEC TON OF FRANK J. & OLIVE B. CLOUTIER
TO CONSTRUCT A ONE FAMILY DWELLING ON A LOT CONTAINING 3, 900
SQUARE FEET AT 196A LAWRENCE STREET.
This is an appeal from the ruling of the Building Inspector, who
refused to issue a building permit to construct a dwelling at 196A
Lawrence Street , an R-2 District and gave for his reasons the following:
1. The lot is undersized - it should have a minimum of 7 ,000 square
feet and this lot has 3 , 900 square feet. 2. The house should set back
15 feet from the street . The plans show the house sets back 10 feet
from Lawrence Street. 3 . This district calls for a 30 foot rear yard
set back for a rear yard. "
Hearing was held on this appeal on April 22 , 1974, 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 meeting was opened by Chairman John M. Gray, Sr. , with Board
Members , Donald Koleman, Arthur Labrecque , William Abbott and Associate
Member, Warren Baughn, present.
Frank J. Cloutier appeared on his own behalf and presented the
following evidence :
Mr. Cloutier and his wife have owned and paid taxes on this lot
of land for many years . At this time they wish to be granted a permit
to erect a building for the purpose of gaining income. Mr. Cloutier
wishes this Board to grant him a variance from the density requirements
of the Zoning Ordinance . Mr. Cloutier brought to the Board' s attention
the great financial hardship that he and his wife have suffered over
a period of years and the payment of taxes on the property without
receiving any revenue therefrom. The Board reviewed the plot plans
and the building plans submitted by the Petitioner and drawn by Ridge
Homes . After discussion and being familiar. with the lot in question,
the Board voted unanimously to grant the variance sought, finding that
the Petitioner has demonstrated severe hardship and that the erection
of a single family house on the lot would not in any way be a detrii)ient.
to the neighborhood.
APPEAL GRANTED. CITY OF SALEM BOARD OF APPEAL,
BY
Actin,;) ' Secretary
DECISION OF PETITION OF RICHARD G. MORIN TO INSTALL
A SWIMMING POOL AT 10 LINDEN STREET.
HEARING - MARCH 18 , 1974 WILLIAM CABBOU
JOSEPH F. DOYLE
CtU Of FSIPIIT� U6SaC4U6dt2i RECEIVED JOHN M. GRAY. SR.
��(( L BQi�U
ARTHUR E. LABRECOUE
Pnttrb Uf-�ppral APe L'4 V 46 AN LD KOLEMAN
111 _... pWARRREN BAUCHN
yJTY LLL t:A�JJ U YflrfdftY P. TANCH� ,
MEMO MAU,
A hearing was held on this appeal on March 18 , 19711, 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 Baugh_Z.
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.
t- 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
PERLMITTED: 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 Appeals shall be recorded by the Land Owner at the Registry of Deeds.
CITY OF SALEM - - - BOARD OF APPEALS,
___ Actine Seczetary
y' HEARING - JULY 299 1974
• <GQ•'` - - WILLIAM F. ABBOTT
d F
REJAMES NBOULGE
R
JOSEPH i. YLE#g, of *Ient, JOHN MGRAY,
SR.
}} ARTHUR LABR FCOUE
/ l1 7 ._ ' EMERY F. TANCN
of UC1 Z� d o2 AN 700 rb Lf cAPfPttl J. NORMAN WELCH, JR. q
DECISION L911y OF THE NORTH SHORE ASSOC. FOR
RETARDED CHUDEEMAW.USE A SINGLE FAMILY HOUSE. AT 28 LINDEN
STREET TO HOUSE EIGHT RETARDED CHILDREN.
This is an appeal from the ruling of the Building Inspector, who
refused to issue a permit to use a single family house located at #28
. Linden Street, Salem, in an R-2 District to provide for housing for
eight (8) retarded children. The Building Inspector cited as his reason
for refusing to issue a special permit "This is an R-2 District and this
is not a permitted use in a residenti4l District. The Inspector advised
the Petitioner of his right to appeal this decision to the Board of Appeals.
- Hearing was held on this appeal on July 29, 1974, pursuant to notices
mailed postpaid to the petitioner, Board Members, Mutters, abutters to
abutters and others, and advertisements were. duly published in the Salem
Evening News advising of this public hearing.
Present were Chairman John Gray, and Board Members William Abbott,
"'"sionald Koleman, and Arthur Labrecque.
The Petitioner, North Shore Association for Retarded Childrenut Inc.
was represented by its director, Paul G. Mansur, of 5 Broad Street, Salem.
The Petitioner wishes to use a single family dwelling containing fourteen
(14) rooms at #28 Linden Street, Salem, an R-2 zoning district, to house
eight (8) retarded children between the ages of ten (10) and fourteen (14) ,
and three (3) resident manager supervisors. The Petitioner states that the
operation of this group home will be under a contractural agreement with
the Department of Mental Health and will be subject to operation regulations
of the Department of Mental Health and the Office for Children. Mr. Mansur
addressed the Board of Appealsandexplained to detail .what the proposed
operation of this home for retarded children would entail. He explained
to the Board that the ages of the children would run from seven (7) to
fourteen (14) years of age and additionally two (2) house managers and one
(1) assistant house manager, making a total of three (3) adults in addition
to the eight (8) children. Mr. Mansur explained where the children would
e coming from and how selection of the children would be made. He ex-
lained, additionally, that there has been established in other locations
in the area residential units for children, although not in the City of
Salem. Mr. Mansur expressed his opinion that the relocation of retarded
if
J
WILLIAM E. ABBOTT
�/(j�����{ /{}�♦ JAMES N. BOULDER
T �t# oftt1Pm Cu�(L ���j{�� � OSEFR F. DU YLE
JOHN M. GRAY, SR.
` r ARTHUR LABRECOUE
NISvarb .H Appw EMERY V. WELL
y, on /`W YNi VV YYYAAa J. NORMAN WELCH, JR.
�CfA{SVF.
PAGE 2 - DECISION - North Shore Assoc. for Retarded Children
children into residential units within the community itself, a program
sponsored byiithe Department of Mental Health, would be most advantageous
to the children and the neighborhood in which they would be located. He
felt that the retarded children would receive many benefits from playing
and being brought up in a neighborhood with the other children and that
the neighborhood children themselves would benefit from playing and
mingling and the society of the retarded children.
Many people appeared in favor of and on behalf of the Petitioner
and stated their views that the special permit should be granted for the
benefit of the retarded children and for the benefit of the community
itself in absorbing these children into residential neighborhoods and
giving them the opportunity to grow up and have the society of normal
children.
Many appeared in opposition and a petition was presented by Paul J.
D'Amore, of 181 Linder_ Street, Salem, which is made a part of this record.
The Board, after hearing numerous speakers in favor and in opposi-
tion to the granting of the special permit declared the heering closed. ,
After reviewirt completely the record and the Zoning By-Law, the'
Board finds that it does not have authority to grant a special permit for
the lodging of eight (8) children and three (3) adult supervisors in a
single family building located in an R-2 District. After a careful review
of the Zoning By-Law the Board is unable to find where it has authority
to grant such a permit. The section of the Zoning By-Law which provides
for the granting of a special permit does not include a use which would
entail the occupancy of eight (8) or more people in an R-2 District. For
These reasons above, the Board finds unanimously that it may not grant the
special permit sought by the Petitioner.
DENIED SALEM BOARD OFAPPEAL
BY oCJ 6'lr��� Jt / � ,•
Acting ecretary r-
� L.
WILLIAM F. ABBOTT
� y� p��y} ��M}�{�ry gay �/.,y� n JOSEPH F. DOYLE
CHH of S�Ikm, assarhusEitS' JOHN M.GRAY. SR.
ll......�..yL -_r 11 ARTHUR E. LABRECOUE
Wourb of ,4♦"EA.L DONALD KOLEMAN
o WARREN BAUGHN
HEARING - MARCH 18, 1974 EMERY P.TANCH
PETITION OF LORING SHOPPING PLAZA ASSOCIATES TO PERMIT LOT D
TO BE USED FOR B-2 PURPOSES - . CURRENTLY ZONED R-3 OR MULTI-
FAMILY.
This is a Petition of Loring Shopping Plaza Assoc . to permit Lot D on
a plan submitted to be used .for B-2 purposes. The land in question is
currently zoned for an R-3 multi-family useage.
A hearing on this appeal was scheduled for March 18 , 1974, 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.
Prior to the hearing a communicstion. dated March 18, 1974 was received
from John R. Serafini , attorney for the Petitioner. Mr. Serafini requested
permission to withdraw the application for the variance without prejudice
at this time .
The various people who appeared at the hearing were advised that the
Petitioner was withdrawing his appeal.
"Y'he Board, thereafter, voted unanimously to withdraw his petition without
prejudice.
CITY OF SALEM - - BOARD OF APPEAL .
Acting Secretary
WITHDRAWN
U .
t7 a-- N
N
LU
CS V t
,JS
LJJ J W
q Y.H
T. ~
V
DECISION ON PETITION OF DAVID C . SCHAEJBE TO INSTALL A n
SWIMMING POOL AT 24 MAPLE STREET. (
HEARING -. APRIt .22 , 1974 lJp"_�
yy}r �} yy �1Tp�5�{��017�/Cr
JOSEPH F. DOYLE
of *'M w1.Y►Gi�YGi�1/ �l L4Y- fYECE�'tl.I,L1 JOHN M. GRAY. SR.
]� .�{lll...... / �pp /(� x '1{ ARTHUR E. LA6VECOUE
rV� � Foarb Y3 �yygal 17t 4 1.l V 46 AM ARR N
1. ALD KOLEMAN .:.
E BAUGHN_ _
A hearingwas held on this a CJ71 l lt;i1 ' A iy,URY F. TANCH
appeal on April 22, 1974, P3X1MiMJSto 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 Jdhn 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.
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 Appeals shall be recorded by the Land Owner at the Registry of
Deeds.
CITY OF SALEM
- - -BOARD OF APPEALI
BYS✓s�
Acting S cretary
HEARING - JULY 29, 1974 r
WILLIAM F. ABBOTT
(�• }��,•E� ♦ (�jT. �E' .TAMES N, BOULG'R
A t ECE�v�oHU of '*IEm CTSB?ZEI�li$E�tS JOSEPH F YLE
� JOHN M. GRAR4
Y. BR.
{�,�/`} �}( ay,�,µp{�� ARTHUR LABRECQUE
't` fQ1E U v .lnf("ICE Plaarb YA C "Vd EMERY V. TANCH
V 1 1 J. NORMAN WELCH, JR
ett { CL ON ON THE PETITION OF MURRY P. GALPER FOR PERMISSION
SAI CONSTRUCT A TWELVE UNIT APARTMENT BUILDING ON LOTS 30B
AND 36B LOCATED TO THE REAR OF #30 and #36 MARCH STREET.
This is an appeal from the ruling of the Building Inspector, who
refused to issue a permit for the construction of a twelve unit
apartment building on Lots 30B and 36B located . to the rear of #30
and #36 March Street , Salem. The area in question is a Residential
two family District and as indicated by the building inspector, a
multi-family building would be. a nonconforming use.
Hearing was held. on this appeal on July 29, 1974, pursuant to
notices mailed postpaid to the Petitioner, Board Members , abutters ,
abutters to abutters and others and advertisements were duly publish-
ed in the Salem Evening News advising of this Public Hearing.
Present were Chairman John M. Gray, Sr. , and Board Members Donald
Koleman, Arthur Labrecq_ue, and William Abbott .
Representing the Petitioner, Murry P. Galper, was Attorney Philip
JeLitman, of Salem who introduced the following evidence to the Board:
The property owned by the Petitioner has been in the family for
many years , and has caused the Petitioner over the years the expense
of paying taxes and some expenditures in cleaning up the ground which
abuts the beach. The Petitioner indicates that there has been much
rubbish dropped on the property and the Health Department has required
the owners to clean the rubbish out.
The plot plan submitted and drawn by R. E. Field Assor.iates and
dated March 14, 1974 and made a part of this record, indicates that
the frontage of this irregular shaped .lot containing 23,617. 59 square
feet , is 21,87 feet.
The Petitioner maintains that if a special permit is granted to
allow the erection of a twelve unit apartment dwelling the tax base
of the City would increase by $250,000.00. Attorney Litman also
indicated that the area in question is a mixed one, containing many
small lots and some large lots and that the lot in question containing
in excess of 23 ,000 square feet is large enough for three house lots
alone . The proposed plan calls for twenty-two parking spaces , an
eight inch sewer main. The apartment building would be no higher
than thirty feet and the rents would be from $200.00 to $250.,00 per
'MCS WILLIAM F. ABBOTT
(� JAMEB H. BO ULCER
RECEIVEa v II �I�PIIt� A FY$StII I$P S , JOBEPM DOYLE
�dbi
JOHN IA GRAY, SR.
ARTHUR' LVE'r EMERY PTANCH
. TANCN
J. NORMAN WELCH, JR.
''ENE PAGE Z. S QF6,0ION MURRAY GALPER - LOTS 30B & 36B OFF
month not , according to Petitioner, low rental buildings.
The Petitioner claims financial hardship in paying the taxes on
the property, cleaning out the rubbish without any possibility of
return.
Appearing in favor of the granting of the Petition was. Mrs . Sidney
Galper, Murry P. Galper (owner) and Mr. Frank Tabbi , of Dedham, Mass . ,
a real estate broker. A Petition signed by twenty people , owners and
residents in the area, was presented in opposition to the granting
of the proposed variance. The Board heard further evidence in oppo-
sition to the granting of this variance , which included the following:
The necessarily small driveway giving access to Petitioner' s lot
would disrupt the neighborhood and create a traffic problem on a
very narrow residential street. The District is two family zoning
and most residential units in the area are two family or single
family units. Other objections stated by Richard Swiniuch, Councillor
of Ward 2 , directed the Board' s attention at : (1) the congested
area and (2 ) the very small wooden bridge and the potential traffic
problem caused by a large addition of units in this residential area.
The Board, after reviewing the plans submitted and hearing all the
evidence from Petitioner, those appearing in favor and those appearing
in opposition, found unanimously that it could not grant the variance
sought to construct a twelve unit apartment dwelling in this R-2
zoning district without substantial derogation from the meaning and
intent of the Zoning By-Law and without creating a substantial detriment
to the neighborhood. The Board does recognize some financial hardship
to .the Petitioner, but does not find that a variance can be granted.
After hearing all the evidence , it was unanimously voted that the
granting of the variance be DENIED.
SALEM BOARD OF APPEAL,
VARIANCE DENIED BY
Acting Secretary
JF HEARING JULY 29, 197_4
CITY CLL KASSFIC
$ALEPHWILLIAM F. ARBOTT
�}1r/, �{ .TAMES N. ULGIq
JOSEPHIIj `/ GL{Ll ii l� JOHN M.F.
BDOYE
OGRAYLSR.
^y ` 1
ARTHUR LABRFCU VE
EMERY P TANCH
of �ppral
J. NORMAN WELCH, JR,
DECISION ON THE PETITION OF JENNIE FEMINO TO ALTER THE THIRD FLOOR
PREMISES TO CONVERT IT TO AN APARTMENT AT #90 MARGIN STREET.
Thisis .an appeal from the decision of the Building Inspector,
who refused to issue a permit to alter the third floor premises to
convert it to an apartment at #90 Margin Street , Salem, Mass. , in an
R-2 Residential District. The Building Inspector, in his letter of
refusal , stated that the addition of a third floor apartment in a
2 family Zoning District would be non-conforming.
The Building Inspector thereafter notified the Petitioner of her
right to appeal this decision to the Board of Appeals.
Hearing was held on this appeal on July 29, 1974, 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 Gray,Sr. , and Board Members .
. William Abbott, Donald Koleman, and Arthur Labrecque.
Appearing for the Petitioner was Joseph R. Ingemi , 48 Jefferson Ave . ,
Salem. Mr. Ingemi introduced the following evidence :
The Petitioner, Jennie M. Femino , who resides in the building
at #90 Margin Street , Salem, has been in poor health for sometime and
is unable to provide enough income for herself and would need the
additional income which a potential third floor apartment would provide.
Mr. Ingemi presented a plot plan which shows enough parking for three
(3) automobiles on the lot. Additional evidence was presented in the
way of a plan for the renovation of the third floor into a single
apartment . Mr. Ingemi indicated that there were multi-family dcsell-
ings in the area and that with the renovation of the building in
question a general improvement and benefit would result to the neighbor-
hood.
Appearing also in favor of the granting of this variance was Mr.
George Nowak and Mr. Richard Swiniuch. No one appeared in opposition.
r (6V I1 ' WILLIAM E, ABBOTT
W (1
JAMES BOULGER
# I�m N,JOSEPH F. OOYLE
r�IvF y ' C4l U.J NLLI UU {�LSJ JOHN M. GRAY, SR.
11- "'JJJ 1 ARTHUR LABRECOUE
ki C (A}'!�j �y E.`(E �y E} �/a.]\}y��}J{ EMERY P, TANCH
,(T/ Pjau1Y a 1. NORMAN WELCH. JR
1.BNEtfF` l
DECISION - JENNIE FEMINO - 90 MARGIN STREET PAGE 2
The Board, after reviewing the plans submitted and reviewing
all the evidence presented, found that under certain conditions a
variance for the conversion of the third floor into an additional
apartment could be granted without substantial detriment to the
neighborhood and without being in derogation from the meaning and
intent of the Zoning By-Law. The Board further found that there is
substantial hardship involved. The conditions to the granting of this
variance are ;
1 . That a complete set of working plans be submitted to the Building
Inspector before a building permit is issued.
2. That the conversion of the third floor into a third floor apartment
meet with all present requirements of the Building Code in force.
GRANTED SALEM BOARD OF APPEAL
BY ai
(Acting Secretaijy �
I
HEARING - JULY 29, 1974
,SGMv1 -•p� - WILLIAM F. ABBOTT
s �LL�{}��}} ¢ /L�' Q JOSEPH F. DOYLE
fi. s
REAft E t Of SAMt, �NSSnr1p69tJ2i JOHN M. GRAY, SR.
Cj JIU 7 AN ' J llll.... 1 ARTHUR E. LABRECOUE
SEP t( IU 11 f111 �lII � AppalDONALD )COLEMAN
ip mE CCC WARREN BAUGHN
\ 'P DECqffTCGJLO'_Tbff INETITION OF ERNEST J. DELPERO FOR A EMERY P.TANCH
SPECIAUL$VRMWITO CONVERT A FORMER NURSING HOME AT
115 MASON STREET INTO SEVEN EFFICIENCY STUDIO TYPE
ONE BEDROOM APARTMENTS.
This is a darect appeal by the Petitioner, Ernest J. Delpero, for
a special permit to occupy a structure formerly used as .a nursing
home to be converted and used for seven efficiency studio type one
bedroom apartments . The location of the premises in question is
#115 Mason St. , Salem a Residential two family Zoning District.
Hearing on this appeal was held on July 29, 1974, pursuant to
notices mailed postpaid to the Petitioner, Board Members . abutters ,
abutters to abutters and others and advertisements were duly publish-
ed in the Salem Evening News advising of this Public Hearing.
Present were Chairman John M. Gray, Sr. , and Board Members Donald
Koleman, Arthur Labrecque, and William Abbott.
Appearing for the Petitioner was Robert LeDoux, Esquire . Mr.
LeDoux introduced the following evidence :
The Petitioner wishes to purchase the property from the present
owner, Mrs. Spring. Mrs . Spring formerly conducted a nursing home
at the location and at one time had sixteen people on the premises ,
including patients and staff. Today the building is virtually vacant
and is located on a lot containing 10,130 square feet. The Petitioner
wishes to convert the building to provide for seven efficiency studio
type one bedroom apartments , all to be located on the first and second
floors . There would be no residential use on the third floor. The
Petitioner specifically requests a special permit under Section 5 ,
Sub-Section 10 to extend a non conforming use. No extensions or
additions to the exterior walls of the building are contemplated. The
present owner, Mrs . Spring, finds that it has become economically
unfeasible to carry on a nursing home , due to the necessary State
requirements for all new nursing homes . The Petitioner
maintains that such use , if allowed by the Board of Appeals , would
provide a greater tax return to the City than it is presently receiving.
The Petitioner projects that he will spend approximately $40,000.00 on
the conversion of the building and land. There would be eleven parking
J � WILLIAM F. ASWTT r
r{��E[ Tl fT� JAMES,H. ROULGER
EC IV€Q Ctv IIf *1nn Assar4usetts JOSEPH P OGY E
' II JOHN M. GRAY, $R.
eR,1 ///yyq��� a ARTHUR LARRE[OVE
t fL 1 J r"1 /�II .9K�„r� � 'jk"� EMERY P, TANCH
l{.�` J. NORMAN WELCH, JR
Y 4V;ii9E42JEfIMEcISION - ERNEST DELPERO, 115 MASON STREET .
$ALM NASI.
spaces available on the site.
There was no one appearing in opposition to the granting of this
special permit.
The Board, being familiar with the site and ,location of the building
in question, and after reviewing the plans submitted by the Petitioner,
finds that it cannot grant the special permit requested to convert
the building to provide for seven one (l ) bedroom efficiency type
apartments. The Board feels that such a use in a relatively congested
area would be in derogation to the meaning and intent of the Zoning
By-Law and would, thereby, additionally be a detriment to the neighbor-
hood.
The Board voted unanimously to turn down the application for the
special permit .
DENIED SALEM BOARD OF APPEAL,
BY
(Acting) Secretary
�,CMvti., WILLIAM F. ABBOTT
(�;� y�t � 1/n}� ���,{y��y ,y�}F�(L.�,}F� p� JOSEPH F. DOYLE
�."
RE CE x{731 121 .tel�jya«' �J4iLlALLI N7�EA JOHN M.GRAY, SR.
• V l 1
t ? LU.L y /- FN �[ yyy��Yy�� -_r ARTHUR KOLEMAN
.�� . LABRECQUE
� `•�1 'J `- 1 „ '�� PIIMrb UI �"jeal DONALD SAUGH N
l l 1, WARREN BAUGHN
CITY CLE. kVS MEMING - MARCH 18, 1974 EMERY P. TANCH
SALEMFMASS.
PETITION OF ERNEST J., DELPERO FOR EXTENSION OF A NON-
CONFORMING USE AT 115 MASON STREET FORMERLY USED AS A
NURSING HOME, TO BE CONVERTED TO NINE ONE BEDROOM APARTMENTS.
This is an appeal from the refusal of the Building Inspector to issue a
permit to Ernest J. Delpero to extend the non-conforming use of the
premises known and located at 115 Mason Street , Salem, to permit the
use of the premises to provide nine (9) efficiency studio type one
bedroom apartments . The property in question is located at 115 Mason
Street, Salem, and is in an R-2 Zoning District.
Hearing was held on this appeal on March 18 , 1974, 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.
Attorney Robert A. Ledoux represented the Petitioner, who is a prospective
` purchaser of the property, and William Otley represented the present
- owner of the building, Miriam Spring. The following evidence was intro-
duced by Attorney Ledoux:
The Petitioner requests a special permit under Section 5, sub-section 10,
to extend the non-conforming use of the premises at 115 Mason Street.
The property was formerly used as a nursing home and the Petitioner
wishes to convert the premises into a nine (9 ) unit efficiency-studio-
type one (1 ) bedroom apartment. There would be no extensions or additions
to the exterior walls of the building. The present owner of the premises
formerly conducted the Spring Nursing Home at this location. The
Petitioner claims that there would be substantial financial hardship in
renovating the building. The Petitioner also maintains that a conversion
of the building would provide a greater tax return to the City through
real estate taxes. Further evidence was introduced which indicated that
the nursing home which housed at one time sixteen (16) occupants has
been closed for approximately five (5) years now. Presently, the building
houses Mrs . Spring and two other people . Plans were introduced which were
drawn by David F. Jaquith for the proposed nine (9) unit conversion.
The Board, ' after reviewing all the evidence presented, reviewing the plans
and being familiar with the location, voted unanimously to allow the
Petitioner to withdraw his petition without prejudice .
CITY OF SALEM - - - BOARD OF APPEALS,
BY czim a
LEAVE TO WITHDRAW Acting Secreta y
_ipHearing - October 29, 1974
A
WTJI 33
W WILLIAM F. ABBOTT
1 - JAMES H. BOULDER
p of �ttfem �TSSfILlI$E {� JOSEPH F. DOYLE
iC4 v♦�•.� CC�YY K3JLµL ..LL JOHN M. GRAY, SR.
(� (`E Ey{r yL ♦����yT M ARTHUR LAS R ECOUE
IIQTY Y• �Z 1„EMPMI EMERY P, TANCH
11 11 A NORMAN WELCH, JR.
DECLLSIe ON THE PETITION OF ERNEST J. DELPERO TO CONVERT A FORMER
NUP.&NM HOME at 115 MASON STREET TO FOUR APARTMENTS,
This is a direct appeal by the Petitioner, Ernest J. Delpero, for a
Special Permit to occupy a structure formerly used as a nursing home
for the purpose of converting the same to four (4) apartments. The
location of the premises in question is #115 Mason Street, Salem, a
residential two family zoning district.
Hearing was held on this appeal on October 29, 1974, 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. , Chairman, and Board Members
William Abbott , Donald Koleman, and Arthur Labrecque.
Councillor John R. Serafini appeared for the Petitioner. Evidence
O as introduced as follows :
That the building in question was for along time used for a nursing
home. That it has not been so used for a period of time , due to the
expensive renovations necessary in order to comply with the new State
Codes. The house itself is easily adaptable to apartment use. It was
made clear through evidence introduced that the use of the premises for
a single family house was completely unworkable and unproductive. It
was pointed out that the use contemplated of four (4) apartments would
enable the owner of the property to receive additional income and that
the investment of- the renovations would result in a higher valuation,
thus increasing real estate taxes to the City of Salem.
It was pointed out that at one time sixteen (16) persons occupied
the premises , including patients and staff; that today the building is
virtually vacant. It was pointed out that there is adequate parking for
apartments. It was further pointed out that to grant the Special Permit
under sec . 5, sub-section 10, to extend a non-conforming use , in no way
would derogate from the intent of the Zoning Ordinance. The area in
*uest:ion was a mixed area and in close proximity to a factory and two and
three family dwellings.
`pOOMI�' WILLIAM F. ABBOTT
W - �{��{�} (`jay*�♦ JAMEB N; BOULDER
} y (1�t#g IIf �TjQm, M$S2ttl�lt$Q##�
JOSEPH F. DOVLE
JOHN M GRAY, SP.
ARTHUR
LABRECO
UE
Womb
o` AMA
EMERY PTANCN
J. NORMAN WELCH. JR.
l W )UA
Y h
PAGE4 IP- DECISION - ERNEST DELPERO, 115 MASON STREET
The Board, after careful consideration, found that to grant the
requested extension and the non-conforming use would not derogate
from the intent of the Zoning Ordinance.
It was not in detriment of the public good and that in fact the
granting of said Permit would insure that the property would be maintain-
ed and would insure a return to the City in taxes and would avoid
the possibility that the premises would become abandoned and neglected
accordingly after the deliberation. The Board unanimously voted to
grant the requested Special Permit.
SALEM BOARD OF APPEAL
By: r/ /tel f Piv 2-Qi+r�
GRANTED Acting Secreta y
s-M1
UGIUBER
, 1974
.. 3 1/•
„TL�w WILLIAM V ABBOTT
1 �3/ �• [V�}1/E� /,��/�{�p�H} I� llJJ�, JAMES H. BOULGEN
sf 'SaI ,m, fflaCgsac4useffs JOSEPH F. DOYLE
((�� CCY .v✓ L NYL444 JOHN M. GRAY, BB.
y /� / ARTHUR LABAECOUE
A• curb of •1••`yEFVd EMERY P. ELC
L.I+�E (ll.� l{�1Y/ViM1 J. NORMAN WELCH, JR,
DECISION ON THE PETITION OF DAVID LAMONTAGNE TO ALTER A BUILDING
LOCATED AT 25 NORTH STREET, AN R-2RESIDENTIAL DISTRICT, TO PROVIDE
FOR A FLOWS Z MM FIRST FLOOR
i
This iS�Ea direct appeal by the Petitioner, David LaMontagne, to
alter a biMXAL E' R5AA e"d at #25 North Street, Salem, an R-2
residential district, to provide for a florist shop on the first '
floor. Hearing was held on the appeal on October 29, 1974, 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. , and Board Members
William Abbott, Donald Koleman, and Arthur Labrecque. .
Appearing -for- the Petitioner was Thornton E. - Lallier-, Esqui.re,
of Box 266, Central Streett Rowley, Mass., The Petitioner, through
counsel, presented the Following evidence, including a building plan
and a plot plan for the site in question.
" The Petitioner wishes to replace the regular window_ P gu w with a large
6'
display window for flowers measuring six. feet by four feet. The
inside of the building on the second floor would be retained as an
apartment and. a front door would be retained as .the entrance to the
florist shop. Remodeling would consist in changing a couple of
inside doors and the addition of an extra door on the side of the
building, but would not noticeably detract riom the house' s appear-
ance. Petitioner further stated that the land and building could
not yield a reasonable return if used only as a two family residence.
Petitioner further stated that the owner' s problem is due to unique
circumstances where there are other commercial enterprises in the
area, as well as a mixture of multi-family dwellings. Mr. Lallier
further stated that the authorization by the Board to allow the
use of a plant shop on the first floor would not alter the. essential
character of the location.
The Board, being familiar with the area and the building in
question found that it could grant a special permit to the Petitioner
to allow the necessary changes in the building in strict accordance
with the plans filed herewith and the conduct of the florist shop
without serious detriment to the meaning and intent fo the Zoning-
By -Law and without detracting from the surrounding neighborhood.
A•L WWTi WILLIAM F. ABBOTT
�} F� .�.}��{��{ (�E��}F�/{}E' ,7�`Q JwuEp N. BOULDER
4 Ctv of 'SMIrm fflassadjuseffs - JOBEIN F.GRAY.
1 1 JOHN u.-GRAY, ER.
` r as ARTHUR LABREMUE
7J by f 1115. arb M ZE EMERY I. TANCN
S J`Ep VMLYY 3YEA+ �` � 1. NORMAN GELCM. J11.
Page 2 - DECISION - 22 North Street
Nov 22 10 s3
The Board additionally finds financial hardship relating to
the condition of the building. FILE#^LEEtx S�LEN.NA55.
The Board voted unanimously to granEtTYa" special permit for--t4e
use of the -flower shop to the first floor- only and- requires--
that the Petitioner strictly adhere to the building plans filed
with this Petition .and with the Building Inspector.
SPECIAL PERMIT- GRANTED.
SALEM BOARD OF APPEAL
BY:
(Acting) Secretary �L
. awl
WILLIAM F. ABBOTT
(� JOSEPH F. DOYLE
\'1 tt�T L1 tt ` IETtt� C Nl ]!�{ALLI NT4G7lIL�` JOHN M.GRAY,SR.
1
•Z� S a jF.�{' p rr. �I 9q ARTHUR E. LABRECOUE
Paurb U'f ( fFveal 1,AR 1 U �[ �11 1� DONALD KOLEMAN
111 WARREN BAUGHN.
JANUARY 7 , 1974 CITY ut FICE EMERY P. TANCH
SALEM. Mass.
PETITION OF KENNETH ROBINSON, 20312 NORTH STREET, FOR A PERMIT TO 'ADD
A THIRD FLOOR. APARTMENT IN AN EXISTING TWO FAMILY HOUSE.
This is a direct appeal by the Petitioner, Kenneth Robinson, 2032 North
Street, Salem, an R-2 zoning district. The Petitioner wishes to add
a third floor apartment in an already existing two family house.
Hearing was held--on this appeal on Monday, January 7 , 1974, pursuant
to notices mailed postpaid to the Petitioner, Board Members , abutters ,
abutters to abutters, and -others , and a{noti.ce 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 .
I .
The Petitioner, Kenneth Robinson, appeared on his own behalf, and
~ Presented the following evidence:
The Petitioner wishes to "convert a two family house, in which he resides ,
into a three family by convertin&, a vacant third floor to a third floor
three room apartment , which would require the installation of heating,
plumbing and electricity. - The Petitioner indicates the only structural
change would be to put in one skylight partition for the bathroom and
to erect one partition dividing one room into a bathroom and a closet.
The Petitioner' maintains that the design of the house enables easy
conversion to• a 'three family building and that front and rear exits exist
from the third floor to the street . The Petitioner also introduced
evidence to show that there is space for additional cars in the rear
of the house to meet the requirements of the building code. The Petitioner
has owned the house for approximately two (2) years.
A plot plan of .203 2 North Street, drawn by Essex Survey Service , Inc. ,
and dated October 26, 1973 and plans for the conversion of the third
floor were submitted by the Petitioner and made a past of the record.
The Board, after reviewing all the evidence submitted, including the plot
%- plan and drawings for the proposed third floor apartment and being familiar
with the site in question, voted unanimously to deny the Petitionerl;s
II ; application for a variance.
DECISION - Kenneth Robinson
The Board further found that after a review of the plans , the vacant
third floor in the Petitioner' s house does not properly lend itself to the
conversion of .a third floor apartment and that the
p plans submitted were
not readily subject to being understood by the Board. The Board addition-
ally finds that it cannot grant the variance sought without substantial
detriment toY'the public good or without nullifying or. substantially
, derogating from, the intent of the District or the purposes of the Zoning
By-Law.
Donald Koleman, Acting Secretary
z `
4'
l 1
r ,
1
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y
j
_ HEARING APRIL 22, 1974 I- lc. L.2 3 3
pc(�c y y{ �}7P' �y p( ,�}�, �q (�q¢p�[(#yt `T �1 �. wluEnM I. AesoTT
RECE'V ,6j5J 8Ab Ul�bl6 �.p`111 u1 Cb�]✓`�GArB{48 tt,E JOSEPH I. DOYLE
ti._I y f •{A(s 1 JOHN M. GRAY. SR.
ARTHUR
>L DONALD EAO EMANOUE
J JUL Cl 9 57 AN'7 � V
� eryF NS'
CITY
bLC1[['U 0FICrWARREN BAUGHN
EMERY P. TANCH
SALEM. MASS.
This is an appeal from a refusal by the Building Inspector to issue a
permit to alter a two fan ily house at 15 Oakland Street, Salem, to pro-
vide am additional apartment on the third floor. The Building Inspector
cited his reason for refusing to issue the permit as follows:
°Thisiis a two family house, which is a non-conferming use in this R-1
District, and an apartment over the second floor must have the approval
of the Board of Appeal.
I am also refusing because of density, An R-1 District requires 7,000
square feet and your property is only 6;913 square feet. "
Hearing on this appeal was held on April 22, 1974, 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 meeting was opened by Chairman John M. Gray, Sr. with Board Members,
Donald Koleman, Arthur Labrecque, WilliamiAbbott and Associate Member,
Warren Baughn, present.
The Petitioner appeared on his own behalf and presented the following
evidence :
,There are five complete rooms on the third floor, which will be painted
if,«nd wallpapered. A kitchen and bathroom will be installed, along with
heat and electricity. No exterior structural changes will be made.
The Petitioner purchased a two family home under the GI Bill, because he
needed the income of a second floor rent. He is presently expecting his
first child in May, which will eliminate his wife 's income . ''funder these
circumstances this will add an extra hardship to the Petitioner's
Financial situation.
The completing of the third floor apartment will not affect the neighborhood
in anyway physically because there will be no exterior changes.
No one appeared in opp%ition.
The board, being familiar with the location of the building in question and
reviewing the plans submitted by the'�Petitioner fouMtha t the Petitioner
failed to demonstrate economic hardship and the the granting of a variance
in this particular case could not be done without serious detriment to the
meaning and intent of the Zoning By-rrLaw and the neighborhood Distrit itself.
��h�y OF SAT M - - BOARD OF APPEAL
via=.
Y.cti.ngF e c r e t a r y
AN — / UA ALANIJ,
co+vo,�
HEARING — JULY 29 , 1974 Wuuar, E. r-.BBOTr
< '4JOSEPH F. DOYLE
RRCE VE9�itu of " �zUk � assar4nsetts
i'• T F� JOHN M. GRAY,SR.
3' ARTHUR E. LA BPECOUE
Auc b � 12 At' '74 Rattrb of Ayyeal DONALD KOLEMAN
WARREN BAUGHN
CITY CLEiin'S OFFICE PETER S. CARBONE EMERY P. TANCH
MA
A hearing$AaE herb-on this appeal on July 29 , 1974, 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, and William Abbott.
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 . f
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
BoarB of Appeal shall be recorded by the Land Owner at the Registry of
Deeds
". CITY 0 SALEM �sFL
BY --� i Act Sec.
HEARING; - APRIL 22 1974 a
�S
co)Mw
�V4�
TyE F 'iQ trs WILLIAM F. ABBOTT
�. CJOSEPH F. DOYLE
fit of "Salinn Cnmr4usle#tri
` l I JOHN M. GRAY, SR.
b %
ARTHUR E. LABRECOUE
`�„.s ° LE .� / „I.l d PDLLrb o C jjpral ooNAio KoiEMA;;
WARREN BAUGHN
4 %lP �f& THE PETITION OF ROBERT L. BOUCHARD FOR THE EMERY P. TANCH
SAIL 1..4 ft-S , BUILDING AT THE NORTHWEST PORTION OF LOT 56
PACIFIC STREET, AS A GARAGE FOR TWO MOTOR VEHICLES.
This is an appeal from the decision of the Building Inspector, who
refused to issue a permit to Robert L. Bouchard for the use of a build-
ing at the Northwest portion of Lot 56 Pacific Street, as a garage for
two motor vehicles . )
Hearing on this appeal was held on April 22 , 1974, 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. , and Board members Donald
Koleman, Arthur Labrecque , William Abbott and Associate member Warren
Baughn.
Attorney Barry Berkal appeared for the Petitioner and presented the
following information:
The northwest portion of Lot 56 Pacific Street is in an R-2 District .
The site was originally built as a garage and the building would be
appropriate for said use . The use of the property as a garage will not
adversely affect the area, but would provide refurbishing of the building.
L
There will be no nuisance or serious hazard created by said use . The
building would be repaired to provide adequate and appropriate facilities
for said use .
,Attorney Berkal brought to the Board' s attention that the property
has been owned and used by Atwood and Morrill as a storage building for
several years and that that use is presently a legal non-conforming use .
George Plyburn, 101 Broadway, and Joseph Meaney, 461 Loring Avenue ,
appeared in favor of the granting of the variance. Appearing in opposi-
tion were John Kroen, 42 Charles St. , James G. Leahy, 51 Charles Street ,
and Richard Dalton, 1 Pacific Street .
After much discussion between Board .Members and people appearing
in favor and in opposition to the granting of the variance , the Board
noted the following:
The property. as presently used for storage facilities for Atwood
and Morrill is a current non-corformi.ng use . The gara,_,e has , in t.h.c past ,
y�FSl�OSv,k'lgC WILLIAM F, ABBOTT
t JOSEPH F. DOYLE
' RECEi $ tfEltt' F �STCI��AP �� JOHN M. GRAY. SR,
ARTHUR, E. LASRECOUE
G JUL 2 tl 5T AM 14 y C doarb Appral DONALD KOLEA'�AN
�sr ..• �r
p WARREN BAUCHN
CI lyV CC AM
'p/gSAA(U`FFICE EMERY P. T.ANCH
S.
Pg/ 2 . Decision - Robert .L. Bouchard, Lot 56 Pacific St.
been used as a garage for the storage of motor vehicles , but that use
had been discontined for more than three years now.
Evidence was introduced by those speaking in opposition and by the
Petitioner himself that the motor vehicles which would be stored in the
garage , if this variance was granted, would be an oil truck with a
2800 gallon capacity, with a length of approximately twenty three feet ,
and a sanding truck with approximately the same length.
The Board, being familiar with the location of the garage and
after discussion finds that it cannot grant a variance or a special
permit for the change of non-conforming use from general business
storage facilities to the use as a garage for the storage of two motor
vehicles without seriously derogating from the meaning and intent of .
• the Zoning District and the Zoning By-Laws. The Board'further finds
that the granting of such a permit or variance would be a serious
detriment to the public good and the neighborhood in which the garage is
located. The Board further finds that the storage and operation of the
two motor vehicles in question in a residential area would specifically.
be a detriment to the public safety and the public good. The Board
voted unanimously to DENY the variance.
VARIANCE DENIED. SALEM OARD OF
APPEAL,
BY Ae Var y 7„s/
cting�Secre ary �
DECISION ON PETITION OF HARRY NIKITIN TO INSTALL®..P✓inu� _��a 9
AN IN GROUND SWIMMING POOL AT 5 PIONEER CIRCLE
convHEARING. - APRIL 22, 1974
y�4T''• 'Q�C - WILLIAM F. ABBOTT
JOSEPH F. DOYLE
f Ctg of "Mie a, RECEIVED JOHN M. GRAY,SR.
t1 �
z r.Fy�,�y �f ZL' ,{ 1'[ A�j ARTHUR E LA BRECOUE
Pourb 111 G 9. "wl APR N V yp M i�LD KOLEMAN
`_ .. . . _. . WARREN BAUGHN
CITY CLE;tn`S UFF41DEY P. TANCM'N `
A hearing was held on this appeal on April 22, 1974, PAd"&AASS,
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.
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 Omer at the Registryiof
Deeds .
CITY OF SALEM - - - BOARD OF APPEAL
BY
1 e G-
Acting) Secretary
Hearing - July 29, 1974 3
,ACObW WILLIAM F. ABBOTT
jR
r•_C C i v E D gil�7 Q l7irb JAMES N. BOER
t of $ttjCm AMS.Sar �lEF4Z(
JOSEPH F. DOYLE
UULD
LG
7 JOHN M. GRAY, SR.
t (TT a` 1F. ' �i. • B ARTHUR LABRECOUE
NN
i 1�1
A, M EMERY V. TANCN
/]��j
` IIMIb of �kvpvd J. NORMAN WELCH, JR.
THE PETITION OF OMEROS GALIATSATOS TO CONSTRUCT
RILY DUPLEX AT THE CORNER OF PUTNAM AND VARNEY STREETS
(13 VARNEY STREET) .
This is an appeal from the ruling of the Building Inspector, who refused
to issue a permit for the construction of a two family duplex residdnce
on the lot at the corner of Putnam and Varney Streets in Salem. The
Building Inspector gave as his reason for refusing to issue the permit:
"This is an R-2 residential two family zone and the lot does not conform
to the minimum requirements in regard to lot area and setbacks on front,
side and rear." The Building Inspector further advised the applicant
of his right to appeal to the Board of Appeals. Hearing held on July 29,1974
Pursuant to noticed mailed postpaid to the petitioner, Board members,
Abutters, Abutters to abutters and others, and advertisedents were duly
published in the Salem Evening News advising of this public hearing.
Present were Chairman Gray and Board Members William Abbott, Donald
Koleman, and Arthur Labrecque.
0`he Petitioner was represented by Philip Litman, Esquire, who presented
the following evidence:
The lot in question contains 2340 square feet. Previously, there was a
two family house standing on the lot which was damaged by fire and there-
after its demolitian was ordered by the Board of Health. Other houses in _
the area consist of two and three family dwellings. The lot is located
in an R-2 District and the previous house on the lot was a two family
unit. The plot plan submitted and made a pant of this record indicates
that the proposed structure would have a greater setback on side lot and
rear lot than the former building standing on the premises. Parking for
the proposed two family building is adequate.
No one appeared in opposition.
The Board, being familiar with the area in question, finds that a variance
may be granted for the construction of the proposed two family dwelling
without substantially derogating from the meaning and intent of the
Zonin By-Law. The Board finds also that many other homes in the District
consist of two and three family residences and that the construction of a
two family building in this two family zoning District would not be a
detriment to the neighborhood. The Board . a.dditionally finds that there is
WILLI RM F. ABBOTT
%NJ�Y }� m lAME5 K BOULGER
,+ CHU of �$alr tt ��ISS2IC��.uSP�tB JOSEPH F. RAYIE
v
- j 1 JOHN M. Y. SK OV
ARTHUR L4BRECAUE
� EMERY F. TYNCN
'J,kf M _ /`fAYNL A lwly J. NORMAN WELCH, JR,
GOBSIE
Page 2 - Decision - Omeros Galiatsatos - 13 Varney St.
hardship due to the small size of the lot and the fact that the lot
would be too small to conform to the present zoning laws and takes
into consideration the fact that a two. family building previously
stood on the lot but was removed because of fire.
VARIANCE UNANIMOUSLY GRANTED.
SALE BOARD OF APPIAI.
BY:
Acting Secretary
9-
DECISION ON PETITION Or SOPHIE MEANEY TO INSTALL
A SWIMMING POOL AT 14 RAYMOND ROAD.
31
HEARING - APRIL 22 , 1974
(/��q�' 1Ty� ry .��p{jN�'�} pp/{.y WILLIAM F. ABBOTT
CtU Of *1VM U55UL1� k*E0 JOSEPH F. DOYLE
`9 llll........... 1 JOHN M. GRAY, SR.
x
CARTHUR E. LABRECpUE
{WnttrD of � Ptt1 APR C4 6 46 QN 17{R DONALD KOLEMAN ..
kpD!aYP9 ll.. 777 WARREN BAUGHN _
EMERY P. TANCH m
A hearing was held on this appeal on April 2 �� tlt to
notices mailed postpaid to the Petitioner, Boar e 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' s daughter and son in law, Norman & Kathleen Beaulieu appeared
in favor. 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
t- 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.
}., Pool shall be constructed of materials that will provide a stru(�tually
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 0 SALEM - BO �OFPEALBY e
, ,
Acting Secreta �`
CO,UL • WILLIAM F. ABBOTT 3 �`
�y rq{py¢�y (q p/{.yq�{�p�e�tq-a`/F
�t#S/
of Sakw, wJ.616aSSnrl�lil effi.J V ED JOSEPH F. DOVLE
p 4 7 1 l.. JOHN M. GRAY, SR.
4 ,i '1 A 9 � ARTHUR E. IABRECOUE
r Paurb u# �Fpjenl MAR 1 V 22 n�l Z� DONALD KOLEMAN
l WARREN BAUGHN
NOVEMBER 26 , 197 t c1 c
�'"�� (��t;!{ .�J Vfi ICL EMERY P. TANCH
SALEM, MASS.
PETITION OF WILLIAM WILLIS TO RENOVATE AN EXISTING SIX CAR GARAGE
IN THE REAR OF 5 ROPES STREET, TO PROVIDE FOR THREE APARTMENTS.
This is an appeal from the refusal of the Building Inspector to issue a
building permit to renovate an esisting six (6) car garage in the rear
of the dwelling at #5 Ropes Street , Salem, an R-3 Zoning District , to
provide for three (3) apartments . The Building Inspector, in his letter
of refusal , stated that "The lot is undersized for the District , con-
taining 11 ,700 square feet , instead of 12 ,000; the garage is 33 feet
from the dwelling, and should be 40 feet ; the rear yard which should
be 30 feet is 2 feet and the side yard setback from the building is
one foot instead of the 20 feet required. " The Building Inspector
thereafter informed the Petitioner of his right to file an appeal with
the Board of Appeals.
Hearing 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 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 was represented by Attorney John Crean, 30 Main Street ,
Peabody, Ma sachusetts . The Petitioner, through his counsel, introduced
the following evidence :
Multi-family units are a permitted use in an R-3 residential District.
The proposed renovation and conversion project will comply with the
density regulations per dwelling unit. There will be more than adequate
off street parking. At present , this corner lot is not being put to
the best and highest use . The renovation and conversion of a garage
building into an attractive and 'desirable one story, one bedroom apart-
ment structure will improve the neighborhood and the access on two
streets eliminates any possible traffic congestion. Appearing also in
favor of the granting of the petition was Mr. James E. Riley of 8-10
Porter Street Court and Mr. Raymond Borgeault, 182 Porter Street , both
abutters.
Appearing in opposition was Councillor Field, of Ward Five , who indicated
that he was not particularly opposed, but expressed concern about lot
line closeness and density.
The Board, after carefully considering all the evidence presented and
the plans presented by the Petitioner, finds that there is no hardship
' demonstrated and that the plans indicate a problem with respect to the
` eaves of the proposed building being too close to the lot line . After
a discussion, the Board voted unanimously to grant the Petitioner leave
to withdraw his petition without prejudice.
I
Donald Koleman, Acting Secretary
DECISION ON PETITION OF DONALD R. RANEY TO
INSTALL A SWIMMING POOL-AT 55 SUMMIT STREET .
cmv, IEARING - FEBRUARY 11 , 1974
f� 'gyp WILLIAM F. ABBOTT 11,
,/'�I' y� }�� x �y /�y�1}� lT - p e
JOSEPH F. DOYEE 1
VAI yJ � �P4i�� µ N�l/N]JE4 �- 7}L�3A1ME BRAY. SR.
p r_ Y `Z `9 lll........ / ARTHUR E. IABRECOUE
narb of ' 1Pvrul APR C4 DnigQtJ14. .
WARREN BAUGHN__„_.,,...,.__
CITY CLL;R4 RSPbFPfCE
A hearing was held on this appeal on February 11 ; 1974, pursiSALM ASS,
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 Labreeque ,
Donald Koleman, William Abbott , and Associate Member Warren Baughn.
Petition 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 9pecial 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.
1 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 th,. 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 0' SALEM - - BO D OF APPEAL .
BY
Acting Secre ry
DECISION ON DIRECT APPEAL OF THOMAS J. RUANE FOR A VARIANCE FOR AN
EXISTING HOUSE AT 26 SURREY ROAD WITH AN UNDER SIZED YARD.
HEARING - APRIL 22, 1974
.E�E�{{�} F��y F�/E��t WILLIAM F. ABBOTT
�T$g IIf 'Stt1Pm, �assar4ust o iVfA JOSEPH F. DOYLE
A lll......... 1 JOHN M GRAY,SR.
µ { ,'�L JAM
J .p ARTHUR E LABRECOUE
M [•�tt[f JAM (4 O �J� DONALD KOLEMAN
IIttr� of C-rJ'Pttl 4b Q11 R
�S\•m'E *� " pp1 WARREN BAUGHN
EMERY P. TANCH
S.�t
This is a direct appeal by the Petitioner, Thomas J. uan�,' of 26 Surrey
Road, Salem, to vary the applicable zoning by-laws with respect to rear
yard set back. The premises are located in an R-1 zoning district.
The Petitioners are presently under a Purchase and Sale Agreement to
transfer their property to a new owner`. Pursuant to a title examination
by the bank' s attorney for the purchaser, a plot plan was prepared by
Carter & Towers Engineering Corp. , which indicates that there is a present
zoning violation in the rear yard set back.
Hearing was held on this appeal on April 22, 1974, pursuant to notices
mailed postpaid to the Petitioner, Board Members , abutters , abutters to
abutters and ot'h'ers , 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.
Appearing for the Petitioner was J. Michael Ruane , of 19 Nursery Street,
Salem, who presented the following evidence :
The house has been occupied by the Ruanes since 1965. A permit was issued
and the home was built in 1963. There have been no alterations and/or
additions since that time. It would appear that due to a situation on the
lot , which contained ledge, the house was improperly placed too close to
the rear yard boundary. The home was bought in
good faith by the Ruanes
in 1965, who had no knowledge of the insufficient depth of the rear lot.
The Petitioner further maintains that although the depth of the rear lot
is insufficient by today' s zoning by-laws , it would have been allowable
in 1963 when the house was erected.
The Board, after consiering all the evidence submitted, finds that the
present owners of the home had no knowledge of the insufficient depth of
the rear lot when they purchased the house and that placement of the house
was probably due to inadvertence on behalf of the builder and further that
such condition is of an isolated nature which places a great hardship on
the Petitioner. The Board further finds that the granting of a variance
from the rear yard set back will in no way derogate from the meaning and
intent of the Zoning By-Law, nor from the neighborhood within this R-1
zoning district.
APPEAL UNANIMOUSLY GRANTED.
CITY OF SALEM - - -BOARD OF APPEAL
BY
Acting S cretary
i
I,
I,
L ii
HEARING - 8/26-9/23/74
lice
!�[E'Y(�
kf9 '��
;of PWILLIAM F. ABBOTT
CITY C� -iIC\\, V �!J �t (� ' JAMES N. BOYLER
SALEM, MASS. ff 1 1i �assa �seff s JOHN F. GGYLE
JOHN M. CRAY. BR.
///ygg'''))) r� ARTHUR LABRECOUE
X11 curb � y EMNRV •. WELCH,
lLp Nl �V•• A♦ J."NORMAN WfLON. JR.
_.0 �ecpJpyy l•
DECISION ON PETITION OF KENNETH E. CURRIE FOR SPECIAL
PERMIT TO PARK AND STORE BUSINESS VEHICLES AT 21 VALLEY ST.
This is a petition by Kenneth E. Currie for a special permit
to store and park on his premises located at #21 Valley Street, an
R-1 Residential District, one pick up truck, one dump truck and
back hoe used in his construction business. The Building Inspector,
by letter dated July 31, 1974, gave Mr. Currie the following notice:
"Please be advised that under Section 5, use regulations of the City
of Salem Zoning Ordinance, the storage and overnight parking of
commercial vehicles in an R-1 (residential one family) Zone is pro-
hibited." The Building Inspector further advised Mr. Currie of his
right to appeal before the Board of Appeals.
On August 26, 1974 a Hearing was held pursuant to notices mailed
postpaid to the petitioner, Board Members, abutters, abutters to
abutters and others, and advertisements were duly published in the
4W__Saiem Evening News advising of this public hearing.
Present were Chairman John Gray, Board Members William Abbott,
Donald Koleman and Arthur Labrecque,
Mr. Currie appeared in his own behalf and indicated that his
legal counsel was unavailable on that evening and requested a contin-
uance to the next meeting.
William J. Tinti, Esquire, appeared for a group of local citizens
in opposition to the granting of the variance or special permit. Mr.
Tinti requested that the Board direct the Building Inspector to issue
a cease and desist letter to Mr. Currie, advising him that during the
pendancy of this matter the illegal storage of his construction equip-
ment at #21 Valley Street be terminated.
The Board voted unanimously to postpone the hearing until the
next session of the Board of Appeals and directed that a letter be sent _
to Mr Currie, ardering him the parking and storage
of said vehicles in an R-1 area during the pendancy of this hearing.
p, On September 23, 1974 this matter once again came before the
r�] Board of Appeals and David Hallinan, Esquire, appeared as counsel for
v Mr. Currie and Robert A. LeDoux, Esquire, appeared as counsel for those
in opposition to the granting of a special permit. In';the interim
between the August 26, 1974 meeting and this matter scheduled Sept. 23,
'.V,,.x
� WILLIAM F. ABBOTT
j}1(E�}}} �"J,�/(�L�{�,,[JM(��,�}¢,[ E�1yE`T�tQ JAMES M. BOULDER
of 2I{L;`{ C1•tt3822C lISE##� JOF. OOVLE
JOHN M. CRAY. SR.
yT ARTHUR LABRECOUE
of' .,��E�y,y� EMERY P. TANCM
.,S au L(.EP LL4
CJ. NORMAN WELCH, JR.
�LHME
PAGE TWO - DECISION - KENNETH E. CURRIE
1974, the Building Inspector notified Mr. Currie, the Petitioner,
to cease and desist the storage of construction equipment and con-
struction motor vehicles on his residential premises in an R-1 District.
Thereafter, on September 5, 1974, upon information furnished to the
Board of Appeals, the (acting) Secretary of the Board, Donald Koleman,
wrote to Mr. Currie and indicated to him that if the violations
continued that the Board of Appeals would have to take appropriate
legal action to prevent a continuing violation.
Attorney Hallinan spoke on behalf of the Petitioner and requested
that the Petitioner be given leave to withdraw his petition without
prejudice. Attorney Robert A. DeDoux representing a group of neighbor-
hood residents, all in opposition to the granting of either a special
permit or variance, objected to the allowance of a withdrawal without
Ir prejudice. Attorney LeDoux stated that his clients had been before
the Board on two previous occasions and that it would be unfair to
them not to have the matter resolved. At this hearing, Attorney
Hallinan thereafter requested an additional continuance because his
client was not present, if the Board would not allow him to withdraw
his petition without prejudice.
The Board, after hearing the presentation by Attorney Hallinan
and a rebuttal by Attorney DeDoux, decided the petition submitted was
a request for both a special permit and a variance. The Board has
made that determination on the basis that the petition itself does
not designate whether or not it is a request for a special permit or
a variance. The Board, therefore, after consideration and a review
of the Salem Zoning Statute, finds that it does not have authority
under the special permit provisions in an R-1 District to allow the
storage of the construction motor vehicles and equipment as designated
in Mr. Currie 's petition. The Board, therefore, denies the application
for a apecia.l=permit. With respect to the treatment of the petition
as an application for a variance, the Board votes unanimously to allow
the Petitioner to withdraw without prejudice.
SALEMBOARD OF APPE
BY '�'ly e
Acting) Secretary
DECISION ON PETITION OF' , JOAN HTTGHF.S TO
j INSTALL A SWIMMING POOL AT 18 WALTER STREET
+ ' HEARING - APRIL 22 , 1974. WILLIAM F. ABBOTT
y} ¢r JOSEPH F. DOYLE
h s�• _„ ar �y6S1 �.1� {AAPIi{� Lb�Y[LL3/4{ PbA�,C IVCD JOHN M. GRAY.SR.
`9 ` 1 ) Ali9 ARTHUR E. LABRECOUE
APR
t,
(_4
IIMr�t of 4IPttl AeH 46 � �� DONALD KOIEMAN
f y
k^pLM�pc4'� WARREN BAUGHN
CITY CLc-`;x;S OFFICE EMERY P. TANCH
�SALEHF HASS.
A hearing was held on this appeal on April 22 , 1974, 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.
Appearing for the petitioner was Charles Lake , 18 Walter Street 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 in-ground 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 itslef; 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
as 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 ' ^' Cwt
Acting Secretary -cam
�I Wb1,14 ,WILLIAM E ABBOT '
JAMES N. BOUIGER
CTitu of ��zlem nsadjuutfs
Jyy �E IV ED .' JOSEPH F. DOYLE
RF.' JOHN M, GRAY, SR,
U mI,i s ` n� ARTHUR LANRECOVE
IILI U G �,f H� 114 Pourb of �ppral
EMERY P. TANCN
\' 01✓' U - J. NORMAN WELCH, JR
C17 SALEM, MASS. RING SEPTEMBER 23, 1974
DECISION ON PETITION OF GERARD MAILLY FOR A SPECIAL PERMIT TO
OCCUPY AND USE PREMISES LOCATED AT 60-62 WARD STREET AS A
MACHINE SHOP.
On Monday, September 23rd, 1974, a hearing was held on the application
of the above-named, Gerard Mailly, requesting a Special Permit to
occupy and use premises located at #60-62 Ward Street , as a machine
shop.
Notices were mailed, postage prepaid to the Petitioner, abutters ,
abutters to the abutters and others and duly advertised in the
Salem Evening News .
Present were Chairman John M. Gray, Sr. , and Board Members Donald
Koleman, Arthur Labrecque and William Abbott.
The Petitioner, through Counsellor John R. Serafini , indicated the
following evidence. The building in question was a solid, concrete-
block building and that it had been used for various business purposes
for the past 25 to 30 years . It has been used as a truck-repair
depot , to operate a moving-van business , including the repair of
motor vehicles , and also used for the operation of an oil business
and various other business purposes.
Further evidence was introduced that the area is largely commercial ,
h
being across the street from a gas station and property used as the
site of the old electric generating plant , Shetland Industrial Park
and various other commercial establishments .
The proposed business use of' a machine shop, would be operated by
two (2) individuals , namely, Mr. Mailly and Mr. Boisvert. They will
employ approximately 8-10 people at various times . The kind of work
that they would be doing, is associated with light machine tool work.
Through Counsellor John R. Serafini , the Board was informed that
the operation of the proposed machine shop after 6 :00 p.m, at night ,
would be in accordance with the directions of the Building Inspector.
Counsellor Serafini assured the Board that if the Building Inspector
Ilk received any complaints in connection with noise , that his instructions
a,c u}[Tittt
E1 I'1R
IYEIII
D �T# 1 Q Ja.EB R, Bo1
pcT�Cllt� �IBcTC��1IfiEB JGSEEN E. RI,.IL
(/� J I�}�$/� y(`j ��}( Appeal
JOHN M. GRAY BR'
+ h'4 Uel b V L.7 ANI '� • varb V♦ A! peal E.EAYARTMVR LARII a'�INN
EMERY V, iANl 11
\ I� 1's V, J. NORMAN W41III, JR
CITY CL`. ''��ASSFICE
PAGE TWOS - ��CISION - GERARD MAILLY , 60-62 WARD STREET.
would be immediately obeyed.
No one appeared in opposition.
The Board found as facts the following:
1. That the premises had, in fact , been used for many years ,
including the last 25 to 30 years , for a variety of business ,
industrial and commercial purposes..
2. The area was generally a mixture of industrial and commercial
purposes .
The Board also found in fact, that the operation of the proposed
business after 6 :00 p.m. could be conducted in accord with
instructions received from the Building Inspector in connection
with `any noise emanating from the building. The Board further
i
4' found that the building inspector should insure that adequate
access and egress to the building were present in the existing
structure .
The Board, after careful consideration, found that the granting
of a Special Permit was without detriment to the public good,
and further that it would not derogate from the intent of the
zoning ordinances .
=All members voting in Savor, the Board unanimously voted to grant
the special permit as requested.
:GRANTED SALEM BOARD OF APPEAL,
BY ^Y
Acting)' Secretary
1975 Board of Appeals Cases
t
STREETS NAMES PAGE y
a G
10 Bayview' Avenue Jalhert , Edward 1 Li \
78 Bayview Avenue Whittredge ,Ruth 2
9 Bentley Street Pinardi , Mark 3
100 Boston Street Kondon, John J. 4-
8 Bridge Street Lagonakis , Adamantia 5
18 Bridge Street McMuller, Neil 6
92 Bridge Street Zatoon, Zai 7
16 Bridge Street Salem Paper Co . 8
33 Cabot Street Hargrove , Harold 9
125 Canal Street Shawmut Merchants Bank 10
142 Canal Street Gauthier Motors Inc . 11
91-92 Canal Street Trovis , .Angelo 12
28 Cherry Hill Avenue Raby, 'Robert 13
58 Derby Street Alexander Realty Trust 14
285 Derby Street Lazarus , Nancy 15
289 Derby Street Vorgeas , Miltiades 16
k7 Dodge Street Inez Realty 17
0 Essex Street;: Bochynski , John & Irene 18
121-123 Essex Street &
2 Hawthorne Blvd. Moba Realty Trust 19
394 Essex Street Allyn Realty Trust 20
32 Federal Street Essex Commissioners 21
78 Federal Street Gordon, Gregory J. 22
171 Federal Street Murphy, Helen P. 23
First Street Mutua-1 /tennis , Inc . , 24
17 Glenn Avenue Hingman, Charles 25
45-55 Harbor Street Ouellette Realty Corp. 26
18-20 Hawthorne Street"- Savasta, John J. 27
-1-
38-40 Highland Avenue Weir, Mildred 28
129 Highland Avenue Burba, Stanley 29
4 Holly Street Cappuccio , John S. 30
199 Jefferson Avenue Colonial Real Estate 31
284 Jefferson Avenue Raby Realty Trust 32
76 Lafayette Street Lafayette , Inc . 33
241 Lafayette Street Sparta Realty, Inc . 34
Off Loring Avenue Loring Hills Developer 35
24 Lynde Street Rob-Rod Realty 35A
Streets Names page
127 Marlborough Road Furnari , Joseph A. 36
lOZ Mason Street Design Engineering & Metal
Fabricators , Inc. 37
90 North Street Merit Oil Company 38
157 North Street Little , Ernest R. 39
15 Oakland Avenue Jaworski, Walter D. 40
3 Ord Street Court Masse , Richard W. 41
3 Pacific Street Blackler, Thomas F. 42
34 Pleasant Street Cody, William C. 43
20 Rawlins Street Brown, Eric R. 44
11 Shillaber Street Mack, Mildred D. 45
15 Summer Street Ryan, James 46
32 Summit Street Hoxha, Jeton h7
56 Summit Street Dullea, Martin 48
8-10 Sylvan Street Tremblay, Robert L. 49
30 Warren Street &
15 Flint Street Dorney, Peter 50
280 Washington Street Petit , Roger L. 51
1 Ropes Street* Mooney, Edward 52
36 . Webb Street Haskell & Hall 53
10 White Street ( Cooke , Clifton & Helen 54
3 Williams Street Dozois , Norris W. 55
Hearing - September 22, 1975
r _ „ 'itty Li 2I�FTI2 qa c i" ":;r`.si?i 5 3 �n
• RFrFIVED C I4
SEP 30 / + ozirb of a�u
VV I ]]44
INSTALL IN-GROUNDPOdL - EDWARD R. JALBERT - 10 BAY VIEW AVENUE - UNDERSIZED
G1� Y ',IN-GROUND
6FFICE YARD
SALEM, MASS.
Jane T. Lundregan
Donald E. Eames
A hearing was held on this petition on September 22, 1975, 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 Abbott,
Arthur LaBrecque, Jane Lundregan and Donald Eames.
Petitioner appeared and explained the case, the same as in the original
appeal on file, a rear yard of three feet, instead of the required six feet.
y. 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.
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.
CIAL .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: � .
�' S c; etary
Hearing - October 21, 1975 /Lbs
.rinninr,�
of01
` k%IEYtty �SS �SEI�Rt$P �ECEIVED
Pourb of ' pFpra!
cir sAi�a�;►�as�.
VALLIAM F. ABBOTT _
JOSEPH F. DOYLE
JOHN M.GRAY,SR. PETITION OF RUTH WHITTREDGE, 78 BAYVIEW AVENUE FOR A VARIANCE FROM
ARTHUR E. LABRECQUE SIDE YARD REQUIREMENTS IN AN R-1 ZONE.
JANE T. LUNDREGAN
DONALD E. EAMES
EMERY P. TANCH
Hearing on this petition was held on October 21, 1975 pursuant to notices mailed
postpaid to the petitioner, Board Members, abutters, and abutters to abutters and
others, and notice was duly published in the Salem Evening News advising of this
Public Hearing. Chairman John M. Gray, Sr, opened the meeting with members Jane
T. Lundregan, William Abbott, and Associate member Donald Eames present.
Mrs. Whittredge represented herself before the Board. The house at 78 Bayview
Avenue is presently non-conforming as to various setbacks. Mrs. Whittredge pro-
poses to close in one section of an open porch, 6 feet by 13 feet in order to
enlarge the living room and to build a brick fireplace. The fireplace is the only
part of the project that will extend beyond existing foundation lines. The section
of the porch as it nows exists has no practical function, and is deteriorated
so that it requires extensive repairs. The extra space is needed for the most
effective use of living quarters.
The Board voted unanimously to grant the variance as requested by the Petitioner.
The Board felt that the variance could be granted without substantial detriment
to the public good, and without derogating from the intent and meaning of the
Zoning By-laws.
The Board noted that the land in question was located in a neighborhood where all
the lots were undersized, and all the structures non-conforming. The Board therefore
found denial of the variance would be a hardship to the petitioner.
GRANTED
CITY OF SALEM - BOARD OF APPEALS
BY: Cl9tL. �. ti���h1'niFJ �f
/�S/ec re t ary —TC_--
E0
Hearing = May 27, 197�k
of
4.!J�H �'.
L) ukul
SALEM, NASSFICE
`v i II2I1'h II{ L�T7 ea,
PETITION OF MARK PINARDI TO USE A PORTION OF THE PREMISES AT
JOSEPHWILLIAE OOVLE F. ABBOTT 9 BENTLEY STREET (R-2 District) AS A GIFT SHOP.
JOSEPH - "
JOHN M. GRAY, SP..
ARTHUR E. LAOPECOLE -
Jane T. Lundregan
Donald E. Eames Hearing on this petition was held on May 27, 1975 pursuant to
EMERY P. TANCH
notices mailed postpaid to the Petitioner, Board Members, Abutters,
Abutters to Abutters and others, and notice was duly publishes, in
' the Salem Evening News advising of this Public Hearing.
Chairman John M. Gray, Sr. opened the meeting with members
-J-ane-T-. egan Arthur-babrecque—Gl lli-am Abbott-and-Associ:ate- -
—Member�onaid Eamen, present:
Atty--George-Val-lis presented the case for the petitioner. He
stated that Mr. Pinardi has hired sub-contractors to improve the
building. He stated that no one in the area has parking, and that
most of- thei-r -customers=woul-d- be-tour-ist visiting-the-House-,of Seven
Gables.-_ The._building•=is :now-empty, it-previously-was a-carpenter
shop,: before-that=a machine shop. The locationisabout 80"feet from
a -B=1.Zone::: Mrs.-Kulakowski, air abutter --appeared and questioned-
y
what type of gift shop was planned? Mr, Pinardi `stated they would
carry handcrafter items, and all occasion cards, . items that would
appeal to tourists and neighbors. Mrs. Kulakowski asked if this would
be a central shipping point to other points. Mr. Vallis stated no,
it would be strictly retail, and that there would be no manufacturing
on the. premises as__this_would„require-another -variance. Mr. Abbott
asked if anyone was going to live in the building? No, it will be
used only for commercial purposes.
The property contains approximately 2,394 square feet of land.
It contains a two story brick building and an attached one-story wood
frame building,
—� Hearing - May 27, 1975
0 2 �)21lL'lYt�
(1L
r
nurb of
PAGE TWO - DECISION - MARK PINARDI - 9 BENTLEY STREET
WILLIAM F. ABBOTT _
JOSEPH F. DOYLE
No one appeared to oppose the petition,
JOHN M.GRAY, SR.
ARTHUR E LABRECQUE
Jane T. Lundregan ' i The Board unanimously voted to grant the variance as requested
Donald E. Eames
EMERY P. TANCN by the Petitioner. The Board felt that the use of the premises as
a gift shop was a more restricted use than the present one and one
' that would not adversely affect the surrounding neighborhood, The
Board felt that it could -grant the relief requested without detriment
to- the.public..good,:or_substantiallyderogating from the intent of
the:-distriet.:or;;purposes-of_the_:Ordinance- _and�ithat:_literal_enforce-
ment--of the-�provisions-of-the-zonimg-by-iawswouid-cause-substant=ar -
hardship to=the-Petitioner, -
I�
GRANTED
S4EM BOARD OF APPEALS-
.
ecretary z
Hearing -August 25, 1975
-•�� ;_ t
t RECEIVED`f L11r �PTtty �r��t2r+viiPalYaP . t1 �1�
UCl NN
•75 c% •Puttrb of rLai a
.i � Oy f'i•
CITY CLL;r.'o JFFICE
$AI� 11®$fin
of John J. Kondon, 100 Boston Street
for variances in regard to lot size, . parking,
sidelines and set back (B-2 & R-2) .-
Jane T. Lundregan
Donald E. Eames
Hearing on this petition was held on August 25, 1975 pursuant
to notices mailed postpaid to the Petitioner, Board Member, Abutters ,
Abutter to Abutters and others , and notice was duly published -in
the Salem Evening News advising of this Public Hearing.
Chairman John M. Gray, Sr. , opened the meeting with members
Jane T. Lundregan, Arthur Labrecque , William Abbott and Associate
Member Donald Eames, present.
Kondon, Tres. of John Kondon & Son, appeared and submitted
the withdrawal of Atty. Richard Savoy from the case. He stated
he would represent the petitioner. He stated that they wished
to construct an addition to the existing structure, one story
in height , at the rear of, the lot in question, said addition to
measure 17 ' x 30' . He stated that if the Board grants the
necessary Special Permit , they will 'consumate a conditional contract
for the purchase of the adjacent property. The addition of the
newproperty would cure all the lot defects , except the frontage.
The new addition will only go 30 feet into the more Ire-
strictive area. The land to be purchased will only be used for
parking. Mr. Edward Chemelski , an abutter said he had no
objections after questioning Mr. Kondon. There was no opposition.
Hearing closed. Mr. Eames moved that the Special Permit be
granted subject to the following conditions ;
1. That the adjacent land be purchased.
2. That no building be constructed on the lot;
3. The land be recorded as one lot. Special permit granted
by unanimous roll call vote subject to conditions .
The Board voted to grant the Petition with the restrictions
imposed above . The Board felt that the buying of the adjoining
lot and its addition to the existing lot would cure the defects
of the non-conforming lot and therefore be beneficial to the
neighborhood and would be within the intent of the Zoning
Ordinance. It is granted on the condition that the lots be
recorded as one lot in the Registry of Deeds and always held
under one ownership, and the lot be used as specified above :
The Board also noted that since this is a conditional special
permit it shall not take effect until notice thereof is .recorded
in the registry of deed.
GRANTED
SALEM BOARD OF APPEALS
C - Secretary
o" Hearing - March 24, 1975
,o tea. YJ
2° c��S.�.�uE��,��E��� E`
^;qtr T2IYi A� Cs'�J1RJt • juh ti ��
L 41 915
DECISION ON PETITION OF NONDAS AND ADAMANTIA LAGONAKIS�T(ask '}}}�`nnn S OFFICE
Jr-SEP M F. ABBOii 1�A5 SS.
�csEPH F. cone A PARCEL IN THE REAR OF 8 BRIDGE STREET INTO TWO PARCELS AN •VCiGN e�
JOHN M, GRAY, SR. A BUILDING ACROSS THE STREET TO THE REAR OF THE SECOND LOT
ARTHUR E. IABRECOUE
DONALD KOIEMAN This is a direct appeal by Nondas and Adamantia Lagonakis, relative
WARREN BAUGHN
EMERY TANCH to R-8 Bridge St. , Salem, MA and their request to divide said lot into
two lots.
Hearing was held on this appeal on March 24, 1975, 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. opened this meeting with Board Members,
Donald Koleman, Arthur Labrecque, William Abbott and Associate Member,
Donald Eames, present.
The Petitioners were represented by Attorney George Vallis, 70
Washington Street, Salem, MA.
The Petitioners wish to sub-divide a parcel in the rear of 8 Bridge
Street into two parcels and move a building across the street to the
rear of the second of the proposed sub-divided lots. Attorney Vallis
submitted the following evidence:
The Petitioners are the owners of a parcel of land containing 13,500
square feet of land on which there is presently situated a dwelling house
and garage. Said house is located at the rear of Bridge Street which has
access to Bridge Street by a right of way as shown on the attached plan.
The Petitioners are also the owners of a two family dwelling house located
at .11 Bridge Street, which is located in a B-2 district. The Petitioners
wish to obtain a variance from the Board of Appeals which would permit
them to sub-divide the locus in question into two lots and to move the
existing two family dwelling from the location at 11 Bridge Street to the
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(situ of d �xiPor tta� utts
RECtIR
Utl b of
75
PAGE TWO - DECISION N. f �LAGyONAKIS - R-8 BRIDGE STREET
FICE
WILLIAM F. ABBOTT SALEM, MASS.
JOSEPH F. DOYLE J
JOHN M, GRAY, SR.
ARTHUR E. LABRECQUE proposed area shown as Lot 2, which would contain 7,098 square feet of
DONALD KOLEMAN - -
WARREN BAUGHN land. It is alsor0 osed that the existing
EMERY P. TANCH P p g garage shown on the plan
be demolished and that the right of way be extended to grant access
to the dwelling proposed to be re-located. The Petitioners wish to
obtain a variance from the Zoning Ordinance which requires a sixty foot
frontage with a minimum depth of rear yard of thirty feet,
Attorney Vallis introduced the following additional evidence:
The existing dwelling house located at 11 Bridge Street is
structurally sound and in excellent condition. It is presently located
between the drive-in snack shop known as "Bill and Bob's, also owned
by the Petitioners, and a restaurant known as "Waikiki" which is hardly
an appropriate place for a dwelling house. The area As shown as 11
Bridge Street will be better used as additional parking space for the
drive-in business of Bill and Bob's. It is respectfully submitted that
the Petitioners would suffer an extreme economic hardship if they
demolish the existing dwelling house. The proposed Lot 2 shown on the
plan conforms to all density regulations under the Zoning Ordinance with
tke exception of frontage. The rear of the building would be seventeen
feet from the end of the property line which abuts the North River.
It is, therefore, submitted that in granting of the variance to the
Petitioners there would result no dimunition in the value of the surround-
ing properties and that it would not result in any adverse effects or
in any way be detrimental to the abutters or other surrounding properties.
Q of '�$alexn, n
f1ECEIVED
Poarb of '�Ppjoal
Ea.K
JON 5 47 PH 'l5
WILLIAM E. ABBOTT PAGE THREE DECISION - N. & A. LAGONAKIS - R-8 BRIDGFr fW$T%LS OFFICE
JOSEPH E. DOYLE SALEML,MASS.
JOHN M. GRAY, SR.
ARTHUR E. LABRECOUE
DONALD KOLEMAN On the contrary, the Petitioners proposal, if allowed, would conform
WARREN BAUGHN
EMERY P TANCH to the intent of the Zoning Ordinance.
Appearing in opposition to the granting of the variance were the
following parties:
Robert E. Trainor, 10 Bridge St , Salem, MA
Mr. & Mrs. Robert Brault, 10 Bridge St, , Salem, MA
Mr. & Mrs. A. Tournas, 8 Ames St. , Salem, MA
Stephen G. Bilodeau, 10 Ames St. , Salem, MA
Madeline E. Bilodeau, 10 Ames St. , Salem, .MA
Laurence G. Chase, 4 Ames St. , Salem, MA
Maryann Chase, 4 Ames St, , Salem, MA
Mr. .& Mrs. Ronald Hogan, 6 Ames St. , Salem, MA
Mrs. Harold E. Cole, 10 Bridge St„ Salem, MA
Cole Auto Sales, Harold Cole, owner
Mrs. Sidney Galper, 100 School St. , Salem, MA
Attorney Litman appeared in opposition representing Mrs. Galper
and Mr. Cole. Attorney Litman introduced the following material in
opposition to the granting of the permit:
1. The lot is land-locked. The right of way to the original rear lot
is not owned by the petitioner but is owned by Mrs. Sidney Galper, the
owner of the lot that has a frontage on Bridge St. The petitioner only
has a right to use the right of way. It is questionable whether the
right of way extends to the house to the rear of 8 Bridge St
2. The contemplated right of way from the Galper lot to the house in
the rear narrows to 15 feet.
3. The entire area is very congested. Allowing the house to be removed
to the rear lot would make the entire area over congested and would
create a fire hazard in that the fire engines would have to drive over
narrow rights of way.
4a. The density requirements of an R-2 district require a minimum lot
are of 7,000 sq, feet. Since the lot of the petitioner is only 13,500
f�' RECEIVED
elr r f g
\\
ourb of �kpprnl 5 _err JUN L 47 PH '75
PAGE FOUR - DECISION - N. & A. LAGONAKIS - R-8 BRIDGE STREET
WILLIAM F. ABBOTT CITY CLEr,;I'J OFFICE
JOSEPH F_ DOYLE SALEM, MASS.
JOHN M. GRAY, SR.
ARTHUR E. LABRECOUE sq, feet, one of the lots of the petitioner would have to be under
DONALD KOLEMAN
WARREN BAUGHN the minimum lot area.
EMERY P. TANCH
4b. The 17 foot depth of the rear yard violates the 30 foot depth
requirement of the zoning ordinance.
5a. The sewerage line of the petitioner's house is connected into the
sewerage line of Mrs. Galper.
5b. The sewerage line is presently insufficient to take the present
sewerage.
6. The electric wiring to the house of the petitioner comes from Ames
Street and goes overhead over the property of Mr. and Mrs. Chase at
4 Ames St. Mr. and Mrs. Chase object to any additional lines being
brought onto their property to supply electricity to the potential house
on the rear.
7. There is a potential that the petitioner' s property would be taken
by eminent domain if the new overhead bridge is constructed.
8. The house to be removed is alleged to be a three family house. (The
height of the house would cut off light and air to the premises on Ames St.)
9. Bridge St. is a very congested street and further use of the right of
way would create a traffic problem by having cars from a three family
house entering and exiting from the narrow right of way.
The Board, after hearing all the evidence, reviewing the plans sub-
mitted and questioning the various parties who appeared at the hearing,
reached the following decision:
The Board finds that there is a substantial hardship involved on the
basis of the evidence presented and that such hardship runs with the land
itself and is nota hardship which is typical in the neighborhood, but is
J% a •
r� arzrb of c 'ettl Juni C q8 N ')5
WILLIAM R. ABBOTT PAGE FIVE - DECISION - N. & A. LAGONAKIS - R-8C
BRSj�t-WN&&S. -
JOSEPH F. DOYLE
JOHN M. GRAY. SR. reflected specifically in the ownership of the lots in question.
ARTHUR E. LABRECOUE
DONALD KOLEMAN The Board finds that it may grant a variance to remove the 2, story
WARREN SAUGHN
EMERY P. TANCH wooden dwelling from #11 Bridge Street to the rear of a lot at #8 Bridge
Street without substantial detriment to the neighborhood in question
and without substantially derogating from the meaning and intent of the
Zoning By-Law. The Board, however, places a condition upon the granting
of said variance. A 20 foot right of way shall be extended from the
rear of lot 10 through the entire lot 8 on proposed Lot 1 containing
6402 square feet as shown on a plan of Land in Salem, Prepared for
Nondas & Adamantia Lagonakis, Scale 1" = 40' , Jan. 29, 1975, Essex
.' Survey Service, Inc. , 47 Federal Street, Salem; that said 20 foot right
of way shall border on the edge of Lot 8, past the existing structure on
Lot 8 and shall not deviate from a straight direction. A further
condition upon the granting of this variance is that the house located
presently at #11 Bridge Street and to be moved to the rear of #8 Bridge
Street, shall contain and be used for no more than two (2) families.
GRANTED - SUBJECT TO CONDITIONS
SALEM BOARD OF APPEALS
Donald Koleman, Acting Secretary
•
1
° riLUrlvco
Hearing - May 27, 1975 J'b �E 15 PH
T
<" CITY CLEnK'S OFFICE
Ct >zf patems 'Plr.lz t�af ?:t-.�
11� SALEFi, MISS.
%tln-i:M�
PETITION OF NEIL J. MC MULLER d/b/a LAKE & SURF TO EXTEND A NON-
JOSEPH E UOYLE WIWAM P. ABBOTT CONFORMING USE AT 18 BRIDGE STREET
-
JOHN M. GRAY, SR.
ARTHUR E. tABRECOUE Petition of Neil J. McMuller d/b/a Lake & Surf to extend a non-
Jane T. Lundregan
Donald E. .Eames conforming use of the building at 18 Bridge Street (R-2) for the
EMERY P. TANCH
addition of a showroom and storage space.
Hearing on this petition was held on May 27, 1975 pursuant to
notices mailed postpaid to the Petitioner, Board Members, Abutters,
Abutters--to,Abutters-=and--others; -and notice was duly published in
th-e-Salem Evening. News-advising of this Public Hearing.
Chairman_John_M.-..Gray, Sr.. .opened the meeting with members
Jane T. Lundregan-,—Ar-thur--Labreeque,—Wi-lliam Abbott -and_Associate
member Donald Eames, present.
The Petitioner was represented before the Board by Attorney
John H. Simon.- The following evidence was presented.
- - Together-with--his wife Mr.- McMuller purchased the property at
18-Bridge_Street.in: 1969.•- Since then the McMullers have operated the
Lake and Surf Sport Shop on the first floor, and have resided in the
second floor apartment above the store. The property"is located in a
R-2 zone.
The property in question was the subject matter of a variance
granted by the Board of Appeals in March, 1969. By that decision
permission to use the property as a sport shop was given.
A modest but steady growth-'in volume and clientele underlies
petitioner' s desire to expand the presently cramped store quarters by
adding on a modest sized, essentially single story addition at the
rear of their present location. A copy of the plot plan was submitted.
Petitioner requested a Special Permit to enlarge the present non-
conforming use in accordance with the plot plan submitted. Use of the
r�
Hearing - May 27, 1975
•��S (^
��J �`�4 auris' Uf �irii"a f
=- PAGE TWO - DECISION - ' MC HULLER - LAKE & SURF - 18 BRIDGE ST.
I WILLIAM F. ABBOTT
. - JOSEPH F. UOYLE
JOHN M.GRAY. SR. addition would be limited to the operation of the petitioner's
ARTHUR E. IABRECOUE
Jane T. Lundregan sport shop business. The request for a Special Permit is made
` `=p. Donald E. Eames
EMERY P. TANCH pursuant to Sections V.B. (10) , .VIII F, and IX D of the Zoning
Ordinance.
}
Petitioner stated'..that the variance would result in a modest
enlargement of the present non-conforming use. It is consistent
-with the purpose and intent of the zoning ordinance, as interpreted
by.thei-Board-<of--ApDr-a-ls---mn-the_variance:_granted_ Ti-.March-.196.9.Jon.
i,
-the--petition- of- Earl B._Annis_.(copy_Attached) . _ No_unreasonable_ increase
in .volume or:.area. of--the- building .or use._is_-antic ip.ated, as the
nature of the use is essentially a low-traffic business.
There had been a building on the- land in question that had
been razed.
The-Board voted- unanimously to grant the -special- permit. The
Board felt.th-at-the granting of-this -extention _of__a_non-conforming-use
•
would not be detrimental to the zoning in the area as it is largely
a commercial street. The Board therefore- felt that the Special Permit
could be granted without substantial detriment to the public good and
without nullifying or substantially derogating from -the intent and
purpose of the Zoning Ordinance.
GRANTED
SALEM BOARD*"OF APPEALS
{{ l
• Secretary °� -
MAk 6 r1 54 PM '75
Hearing - February 24, 1975
CITY UiiiitK;_c UFFICE
S LEM, MASS.
(gTtu of �alrm, ass"Tr4us to
Ml\4 M" r
DECISION OF PETITION OF PAUL LEVITES AND ZAI ZATOON TO EXTEND
w;uiAM F. ABBOTT A NON-CONFORMING USE ON PROPERTY LOCATED AT 92 BRIDGE STREET.
!OSEPH E DOYEE
RTHURGRABREC This is a direct appeal b the Petitioners Paul Levites
ARTHUR E. IABRE000E PP Y f
DONALD KoIEMAN and Zai Zatoon for a Special Permit to extend a non-conforming
WARREN BAUGHN
EPAFRY P. TANCH use on praperty located at #92 Bridge Street, Salem, Massachu-
setts , so as to allow a conversion of a unit which is presently
7 dwelling units to one of 6 dwelling units and pottery shop.
The location in question is a non-conforming use in an R-2
zone.
The hearing was held on this appeal on February 24th, 1975
pursuant to notices mailed post-paid to the Petitioners , Board
Members , abutters and abutters to abutters and others, and adver-
tisements duly published in the Salem Evening News advising of
this public hearing. Present were : Mr. John M. Gray, Chairman;
Board Members : William Abbott , Donald Eames , and Arthur LaBrecque.
' Attorney Robert A. Ledoux appeared for the Petitioners and
evidence was introduced as follows :
The property in question has been used for years as a 7-unit
dwelling. Mr. Ledoux introduced plans prepared by David F. Jaquith
which indicated that if the conversion were to be allowed, the
only structural changes to be made on the building would be the 3
change of a window on the first floor, the erection of two (2)
signs , and an increase in the parking spaces from the existing
number, that being three(3) to seven(7) . Mr. Ledoux went on to
say that the plans had been reviewed by Mr. Powers , the Building
Inspector, and that any other changes to be made on the premises
would only be to bring the building in question up to the require-
ments of the new building code.
One of the problems discussed was that of the traffic situation..
Mr. Ledoux stated that his clients would provide the additional
spaces at the rear of the building and if they were not sufficient,
additional spaces could be leased by the abutter who owns the
adjoining service station.
Evidence was introduced which stated that the Petitioners
intend to live in one of the six (6) apartments and conduct pottery
Ctg of �ttlPm, �tssttt�j�z�Ptts
Y�? Poarb of (:�Upral
PAGE 2 - DECISION - 92 BRIDGE STREET
WILLIAM F. ABBOTT
JOSEPH F. DOYLE classes with limited sales in the studio. The number of students
1CLIN M. GRAY, SR.
ARTHUR E. LABRECGUE Will not be greater than (8) in number at any given time.
DONALD KOLEMAN The owners of the abutting property appeared and asked
WARREN BAUGHN
EMERY F. TANCH questions relative to the use of a common driveway to the rear L
of the building. The Petitioners indicated that they would be
willing to construct a fence so as to avoid any problems for the
abutters . With that in mind, the abutters indicated that they
1
did not object to the Special Permit.
The Board after careful consideration, found that to grant
the requested .extension of the non-conforming use would not derogate
from the intent of the zoning ordinances.
It was not detriment of the public good and in fact the
granting of said Special Permit with the understanding that the
.� Petitioners would live on the premises , would insure the residential
character of the neighborhood and was likely to improve the property.
The Board unanimously voted to grant the requested Special
Permit with the provision that no more than five students would be
allowed on the premises at one given time.
SALEM BOARD OF APPEALS
Acting Secretary 4
Hearing - August 25, 1975
LI�'a
=f. 44 RECEI��t�'R`ff Salem, U55-- �C� aunts
,u o �
Un 3 oy All. 75 Pourb of cppeazl
CITY �LLm, S uFFICE
r:. AbeOTT 9A1trEIdiLNhS&f Salem Paper Company, 16 Broadway Street
a + r,o•:.= To extend a Non-Conforming building. (Industrial Zone)
Jane T. Lundregan
Donald E. Eames
Hearing on this petition was held on August 25, 1975 pursuant
to notices mailed postpaid to the Petitioner, Board Member, Abutters ,
Abutter to Abutters and others , and notice was duly published in
the Salem Evening News advising of this Public Hearing.
Chairman John M. Gray, Sr. , opened the meeting with members
Jane T. Lundregan, Arthur Labrecque , William Abbott and Associate
Member Donald Eames , present
Salem Paper Company petitioned the Board to be allowed to add
to a non-conforming building by putting an addition on an existing
warehouse, said addition to be 28 feet by 145 feet . Such addition
would reduce the side lot line by 20 feet and would leave a side lot
of 5 feet . The required density for a side lot in an Industrial
Zone is' 30 feet .
Atty. John R. Serafini appeared representing the Petitioner.
He stated that his client was located in a redevelopment zone before
their move to the present location. When they relocated on Broadway
in 1966, , they were granted a variance to erect a building with a
five foot setback on one side , and twenty five feet on the other side.
Maximum coverage was allowed by the variance to be increased from
the allowed 45% to 57%. The Zoning Ordinance provided for a
30 foot side yard and allowed 45% of lot to be covered.
They are now requesting a Special Permit to construct an
addition which will be 5 feet from the lot line. Mr. Serafini stated
the company employs approximately 20 people , and the expansion of
the business necessitates the additional space . The design enables
trailer trucks to put in and unload directly from the front of the
building. He stated that with the new addition, the building will
only cover 51% of the total area. Atty. Lawrence Adler, representing
Mr. & Mrs . Thomas Letarte and Mr. & Mrs . Santisi , owners of the
adjacent bowling alley, appeared in opposition. He stated that the
petitioner is not in compliance with Chapter 40A showing some
special hardship on this parcel. He ,stated the Board should not
waive the law simply for a business expansion, as they would be
reducing the rights of the abutters. He also stated there will be
no parking left for the 20 employees . Atty. Serafini offered in
rebuttal that the granting of a Special Permit does not require
proof of a hardship, as does a variance. Mr. Abbott questioned
Mr. Serafini as to the location of the bowling alley. The location
of the bowling alley is approximately 150 feet away. Hearing closed.
of
s }., RECEN't, s
UE] 3 os AV, '75 nttrb of �yyraf
CITY CLc;rn'S uFACE
WPIC ,0. AnOOT, SALEM MASS.
F.
Decision - Salem Paper Company - Page Two
Jane T. Lundregan
Donald E. Eames
The Board voted to grant the Special Permit for the extention
of the non-conforming building and to allow the reduction of the
lot line to 5 feet. The Board felt that such an increase was not
an unreasonable one and that it could be allowed without derogating
from the intent of the Zoning Ordinance
Granted
SALEM BOARD OF APPEALS
Pcretary "" f
•
Hearing - June 30, 1975
01itg of 'alem, ma'arhugetti
RECEIVED
AUG Z� 11 43 RN '75 arb of 14yral
K. .
PETITION OF HAROLD . HARGROVE FOR A VARIANCE TO ALLOW THE OPERATION
WILLIAM F. ABBOTT OF C4T1XAMilN6' REPAIR SHOP AT 33 CABOT STREET.
JOSEPH F. DOYLE SALEM A
JOHN M. GRAY,SR
ARTHUR E. LABRECQUE
Jane T. Lundergan
Donald. E. Eames
EMERY P. TANCH Decision on the Petition of Harold W. Hargrove for a variance from the -
permitted uses of an R-2 District to allow the operation of a washing
machine repair 8iop at 33 Cabot Street.
Hearing on this petition was held on June 30, 1975 pursuant to notices
mailed postpaid to the Petitioner, Board Members, Abutters, Abutters to
Y
Abutters and others, and notice was duly published in the Salem Evening
News advising of this Public Hearing.
• Chairman John M. Gray, Sr. opened the meeting with members Jane T.
Lundregan, William Abbott and Donald Eames present.
Atty. James Fleming appeared for the petitioner and stated that Mr.
w
Hargrove has put heat and water service into the garage, which is located
behind a three family house. He introduced a letter from the tenants of the
house in favor of the variance. Mrs. Germaine Ruthson, one of the temants,...
appeared in favor. Mr. Hargrove explained that the machines are made of
stainless steel and average .27" x 27". He stated that no grease deposits. are
removed. The machines are washed with steel wool, hot water and soap, and
only one gallon of water is used to clean each machine. He stated that the
commercial machine at the Beef & Oyster measures 27" x 27", and that no steam
is made in the garage. The propane gas he has in the building is only used
for heating. He stated that he only does this work on Saturdays from 8:30 A.M.
at 2:30 P.M. Appearing in opposition was Mr. Ouellette of 10 Piedmont Street.
9
He stated that he is afraid that if the variance is,granted Mr. Hargrove could
expand. J. Arthur McOsker appeared in opposition, and stated that the
A
i
y
,J `EN,GO',UIT4,
of �$ttlpnt Ans
A RECEIV D
varb of Appeal
F r: An 43AM '75
CITY CLERK'S UFFICE
WILLIAM F. ABBOTT �/� C
JOSEPH F. DOYLE DECISION -AL ARO $ ; HARGROVE - PAGE TWO ,
JOHN M. GRAY, SR. - - -
ARTHUR E tABRECOUE
Jane T. Lundergan
Donald E. Eames
EMERY P. TANCH - -
ventilator is near his property. He believes that the business will draw rats.
Mr. Hargrove explained that the ventilator is only used for the heating system;-
and is not used in the summer. Mr. Kopecki, 5 Piedmont Street appeared in
opposition. He questioned Mr. Hargrove's veracity and felt that if the
r
variance is granted he will clean larger commercial units and they could end
up all over the yard. Mrs. Lundregan asked the petitioner where he lived.
• He said Marblehead.
j The Board voted to deny the Petition. The hardship claimed by the
Petitioner was a personal hardship and not one which affected the land itself.
V . Furthermore the Board found that they could not grant such variance without -
adverse affect upon the surrounding neighborhood. The variance requested is—
not in harmony with the intent of the Zoning Ordinance.
DENIED
SALEM BOARD OF APPEALS.
cretary Ji
0 01Hearing - June 30, 1975 /
'`x
U-111
s@. % �Bvarb of Appy al
PETITION OF SHAWMUT MERCHANTS BANK TO REMOVE AN EXISTING SIGN AND INSTALL
A NEW SIGN ON THE CANOPY AT 125 CANAL STREET, SUCH SIGN TO BE IN VIOLATION
JOSEPH F. JOYLE
WILLIAM P. OF THE SALEM SIGN ORDINANCE.
VLE
JOHN M. GRAY, SR. -
ARTHUR F. E Eames
JUL15 O 32 AM )71'
Donald Eames (J t v 11
Jane T. Lundregan PILE Jf
fMERYP. -ANCH Hearing on this petition was held on June 30, 1975 pursuant to notices
CITY CLS.',K_ S9LEM.HASS.
mailed postpaid to the Petitioner, Board Members, Abutters, Abutters to
Abutters and others, and notice was duly published in the Salem Evening News
advising of this Public Hearing.
Chairman John M. Gray, Sr. , opened the meeting with members Jane T.
Lundregan, William Abbott and Associate Member Donald Eames present.
Ron Sirois represented the Petitioner shawmut Merchants Bank. Mr.
Finachio of Salem Sign Company appeared in favor of the petition. Shawmut
Merchants Bank has undergone a name change and the bank wishes to put a sign,
with the new name, on the building in the same location occupied by the old
sign. After the old sign had been installed a new sign ordinance was passed
in Salem. Under said new Ordinance the proposed sign would be non-conforming
as to the distance of sign from the ground. The Bank is located in a shopping
center and not on a public way. The installation of the sign in accordance
with the new Ordinance would make the sign less visible. Additional the
Petitioner stated that the installation of the sign in accordance with the
Ordinance would subject the sign to risk of damage by large vehicles and would
be out of line with other signs on the building.
The Board granted the Petitioner' s request by a unanimous vote. It was
found that a hardship existed because the bank was not on a public street,
but set back in a shopping center. The new sign will occupy the same position
as the old sign and will conform better to the other signs in the location both
on the bank and the surrounding buildings. It was found that the relief requested
could be granted without substantially derogating from the intent and meaning
e
Tito of u1em,
Pnnrb of Appeal
PAGE TWO - DECISION - SHAWMUT MERCHANTS BANK
WILLIAM F. A.8807T '
JOSEPH F. DOYLE
JOHN M. GRAY,SR
ARTHUR E LARRECOUE �JC
�
Donald Eames At 15 8 33 Vt J
Jane T. Lundregan FILE$L
EMERY P. TANCH
CITY CLFR .. S.LEM,MASS.
of Salem's Zoning Ordinance.
SALEM BOARD OF APPEALS
Secretary
V
Hearing - October 21, 1975 :
,. Ctg of o`�42SjPIlTy c�FS�a��#C�iSP :EIVED
Pnttrb of Appeal Nov I9 12 43 ?H '75
CITY CL E.OxIS OFFICE
SALEMMASS.
WILLIAM F. ABBOTT DECISION ON APPEAL OF GAUTHIER MOTORS INC. , PURSUANT TO SECTION-3-33 - -
JOSEPH R YLS
JOHN M.GRARAY,SR. OF AN ORDINANCE RELATING TO SIGNS AND BILLBOARDS, FROM A DECISION OF
.
ARTHUR E LABRECpUTHE BUILDING INSPECTOR FOR CONSTRUCTION OF A SIGN IN VIOLATION OF
JANE T. LUNDREGAN SAID ORDINANCE. (142 Canal Street)
DONALD E FAMES - - -
EMERY P.TANCH
Hearing on this petition was held on October 21, 1975, Notices of said
hearing were published in accordance with law and mailed postpaid to
the petitioner, abutters, and abutters to abutters,
Chairman John Gray opened the meeting. Jane T. Lundregan, William Abbott,
and Donald Eames were present.
Atty. John Serafini represented the petitioner before the Board. Gauthier
Motors Inc, has obtained a Saab franchise and applied for a permit to
erect a Saab sign on their premises at 142 Canal Street in accordance
with said franchise, Gauthier Motors presently has three free-standing
signs totaling 117 sq, feet plus 66 sq, feet of roof-top signs. The
terms of the sign ordinance permit one free standing sign of 65 sq, feet
and no roof-top signs. Gauthier Motors Inc, asked that the Board vary
the terms of said ordinance pursuant to Section 3-34 of said ordinance,
to allow the erection of the Saab sign. Mr. Serafini stated that Mr.
Gauthier would be willing to work with the Planning Department in seeing
of changes can be made, if the Board saw fit to grant the petition,
Mr. Gauthier intends to place the sign on an existing pole in front of
his property below a Mercedes-Benz Sign. He submitted the written approval
of five abutters to the erection of the sign. Councillor Boulay appeared .
in favor. He stated that the denial of this petition could cause Mr.
Gauthier to lose his franchise.
William Versaci of the Salem Planning Dept, appeared in opposition.
He submitted pictures showing that 17 signs with a total of 336 sq. feet
are on the premises, when they are limited by the sign ordinance to 3 signs
totaling 117 sq. feet. He stated the Planning Dept, would like to sit
down with Mr. Gauthier to review his sign frontage. On the motion of
Mr. Gray it was voted that no decision be made until the next meeting
and in the meantime Mr. Gauthier and the Planning Dept. be advised to
attempt to reach a compromise by that time. The Board agreed to delay its
decision until it had received such proposal.
The petitioner and the Planning Department appeared before the Board at
the next scheduled meeting on November 18, 1975 and stated that they were
not able to come to an agreement. The Planning Dept, offered the following
proposals:
PROPOSAL #1
a. Attach the 3' x 12' vertical "SAAB" sign as specified in your
original permit application of June 22, 1975 to the side of the mast
supporting the large square "MERCEDES BENZ" star logo.
b. Move the lozenge-shap "SUBARU" sign (which is presently visable
(
� RO
PA Titg of Salem, gasmr4useff
,s ? Vaarh of CAPPeal
WILLIAM F. ABBOTT PAGE TWO - DECISION - GAUTHIER MOTORS SIGN
JOSEPH F. DOYLE
JOHN M.GRAY,SR.
ARTHUR E. LABRECQUE
JANET. LUNDREGAN
DONALD E EAMES
EMERY P. TANCH from one side only, and for weight reasons can apparently not be
surface-mounted on the panel below) to the roof of the lower 2-door . -
garage, replacing the 3' x 5' "GAUTHIER" sign,
c. . Remove the free standing "BODY SHOP" sign (message could be
included on sign over service entrance), the small round Mercedes
Benz star over the building front, the 3' x 5' "GAUTHIERS" sign and
"WASHING" and "GREASING" on the 2-door garage.
PROPOSAL #2
a. Replace the large square "MERCEDES BENZ" logo sign with
the 3' x 12' vertical "SAAB" sign.
b. Leave the "SUBARU" sign in its present location.
c. Remove signs as specified in Section c above.
Mr. Serafini stated that his client is will to agree to Proposal #1,
Sections a. and b. but will not agree to Section c which is the removal
of the BODY SHOP sign , which has been there about 8 years.
Mr. Abbott moved to grant the variance. Mr. La Brecque seconded but
amended motion to read " Petition granted in accordance with Proposal #1
in the letter from the Planning Department addressed to Gauthier Motors,
omit Item C "Remove free standing body shop sign"." The motion was denied
with Mr. Gray, Mr. Abbott, and Mr. LaBrecque voting Yea, and Mr. Eames
and Mrs. Lundregan Nay,
The Board did not feel that the facts presented by the petitioner were
sufficient to prove that the enforcement of said ordinance would involve
an unnecessary hardship to the petitioner.
DENIED
SALEM BOARD OF APPEALS
BY: Z � �^
i
ecretary
r — C✓ V
„ L Hearing April 28, 1975
�ko
RECEIVED TJ
?fat 13 i 05 PH '75 Paurb of '°ppJ al
CITY OFFICE
WHILAM F. ABBOTT $fiaWMk15SQN THE PETITION OF ANGELO TROVIS FOR A VARIANCE FROM THE
JOSEPH F. DOYLE DENSITY REQUIREMENTS IN AN R-1 ZONE AT 91-92 CARROLTON STREET
JOHN M. GRAY, SR.
ARTHUR E. LA3RECOUE Hearing was held on this appeal on April 28, 1975, pursuant to notices
DONALD KOLEMAN
WARREN FAUGHN mailed post-paid to the Petitioner, Board Members, abutters, abutters to
EMERY R. TANCH
abutters and others, and advertisements duly published in the Salem Evening
News advising of this public hearing, Present were Mr. John M. Gray,
Chairman; Board Members William Abbott, Arthur LaBrecque, and Jane Lundregan;
and Associate member Donald Eames,
Mr, Angelo Trovas petitioned the Board to grant a variance from the
density requirements of an R-1 Zone in order to erect a one-family house
on an undersized lot. In an R-1 Zone the density regulations state a
lot should contain 7,000 square feet and have a sixty foot frontage. The
lot in question has 5,000 square feet and 50 foot frontage. Mr. Trovas
stated that he purchased the land in 1969, in the hope that he could
purchase adjacent land to bring the lot up to the minimum. The land on
either side of his lot was sold to Salem residents and this resulted in a
hardship for him unless he can obtain a variance to build a single family
house. The Board questioned Mr. Trovas as to where he would connect into
the sewer system. He stated he had talked to the City Engineer and would
be able to tie into existing sewer lines. Mrs. Lundregan asked him if
this house was intended for his residence. Mr. Trovas stated no, he was
a builder and would sell the house. Martin Bourque, an abutter appeared
and stated that he was neither for or against the petition, but wished to
express his fear that this would lead to more requests for variances for
undersized lots, as Mr. Trovas owned considerable land adjacent to his
property, Mr, Louis Vann, abutter at the corner of Calumet and Carrollton
II
`Qff r
In RECEIVED (�itLl Of ok-91'alMl9
r= !s MAY 13 3 o5 PH 975 Pottrb of c.Ayprnl
i✓
��LypCCt yf
CITY CLckh'S OFFICE
WILLIAM F. ABBOTT PAG$A7Z 4.-4A$(SISION - ANGELO TROVIS - 91-92 CARROLTON STREET
JOSEPH F. DOYLE
JOHN M. GRAY, SR.
ARTHUR E. LABRECOUE
WARREDAUGHN N
B
WARRENAUGHStreets appeared in opposition. Mr. McLeanabutter appeared to question
EMERY PTANCH the Board as to the possibility of Mr. Trovas reimbursing he and Mr.
Vann for the expenditure they made to bring in the sewer system, Mr.
Conners, abutter appeared to question the Board as to whether or not
the City of Salem must reimburse Peabody if Mr. Trovas ties into the
Peabody system.
The Board rejected the petition for the variance. The Board found
that there was not a case of substantial hardship with respect to the
lot size in question because Mr. Trovis had bought the lot after the
Zoning Ordinance was in effect. Mr. Trovis did not intend to use the
proposed lot for his personal use. It was further felt by the Board
that this was a newer section of the City and that to grant the variance
would be detrimental to the surrounding neighborhood.
DENIED
SALEM BOARD OF APPEALS
Acting) Secretary 7
LZ1
RECEIVED
la"
II{ `ialrTti' ► SIS 7C LISP B
la 'r "
APR 3 i os AH '15 Pottrb of Apuett1
JDz e a
D6fTpStONjQN SPHITt&&N: OF ROBERT A. RABY FOR A VARIANCE TO LEGALLY
WILLIAM P. ABBOTT USE 8XE kd,, bPARTMENT WITHIN HIS HOUSE WHICH WAS PREVIOUSLY
JOSEPH E. DOYLE CONSTRUCTED FOR THE USE OF HIS PARENTS-IN-LAW. R-1 DISTRICT
JOHN M GRAY. SR. 28 CHERRY HILL AVENUE
ARTHUR E. LABRECOUE
DONALD KOLEMAN This is a direct appeal by the Petitioner, Robert A. Raby, who
WARREN RAUGHN
EMERY P. TANCH
wishes this Board to Grant him the variance in order to legally
use an existing apartment within his house which was previously
constructed for the use of his parents-in-law, who are now both
deceased. The area in nuestion is in an R-1 Residential District. .
The hearing was held on this appeal on January 20, 1975,
pursuant to notices mailed post-paid to the Petitioners, Board
Members, abutters and abutters to abutters and others, and adver-
tisements duly published in the Salem Evening News advising of
this public hearing. Present were: Mr John M. Gray, Chairman;,
Board Members: William Abbott, Donald Eames, and Arthur LaBrecaue.,
and Donald Koleman.
The Petitioner appeared in his own behalf and presented the
following evidence:
The apartment was constructed by the Petitioner for his parents-
in-law, who resided with the Petitioner and his family until their
deaths. Mr. Raby now finds the house is too big for his family and
would now like to either rent the vacant former pare7.ts-in-law apart-
ment or sell the entire house with a legitimate apartment contained
in the house. It is further stated that there is no work to be done
on the apartment that is presently in existence and is rertuested only
for a variance so that it will become a legitimate two family dwelling.
There appeared in opposition twenty-nine (29) -eople residing in
the Cherry Hill Avenue area. Those who wished to be recorded as opposed
17 to the granting of the variance sought felt that a variance which would
allow an apartment thereby making a two family building in an R-1
I I
RECE!YEO
` Poarb of �ppettl
APR 3 ii oa AH 'l5
CITY LERn`S OFFICEE
WILLIAM E. ABBOTT PAGES@
JOSEPH F. DOYLE gSION - ROBERT A. RABY, 28 CHERRY HILL AVENUE
JOHN M. GRAY, SR. residential district would be detrimental to the property values
ARTHUR E. LABRECOUE
DONALD KOLEMAN of the existing single family homes-
WARREN BAUGHN
EMERY P. TANCH
The Petitioner submitted a copy of the floor plan which is made
a part of this record, as well as a. plot plan dated April of 1965.
The plot plan shows that the Petitioner's lot is an. irregular size
building lot containing approximately 27,000 snuare feet and the
rear lot set back is approximately 300 square feet, front lot set
back being 90 snuare feet and the side lot set back on the Southern
side of 10 feet.
The members of the Board reviewed the plans submitted and being
somewhat familiar with the area in question discussed the odd shape
of the lot and its rather large size, as well as the prior existence
of the so-called "in-law apartment". After much discussion, the
Board found that it could grant the variance sought without substan-
tially derogating from the meaning and intent of the Zoning By-Law
and without there being substantial detriment to the neighborhood
in question. The Board also found that there is substantial hardship
relating to the unique set of circumstances and the shape of the lot
as discussed above.
The Board thereafter voted to grant the variance sought. .
GRANTED
SALEM BOARD OF APPEAL
(Acting) Secretary
Hearing - February 24, 1975
Ulenll a55Z'r4USrtt6 RECEIVED
Pourb of c Vpral APR 14 G 50 AM '15
DECISION ON THE PETITION OF ALEXANDER REALTY TRUST TO CONV&Iff) ,a ir
wr.0�M F. ABBOTT OF THE DWELLING AT 58 DERBY STREET TO A BOOK STORE.
:OSLPH F. DOYLE
JOHN M. GRAY, SR.
ARTHUR E. LABRECUUE
DONALD KOLEMAN -
WARRFN SAU.-,HN This is a Petition by Alexander Realty Trust, through its Trustee,
EMERY P. TANCY Florence A. Bergeron, to convert a portion of a dwelling to an non-
conforming use in an R-2 residential zoning district. The location of
the property in question is #58 Derby Street. This is a direct appeal
and hearing on this matter was held on February 24, 1975, pursuant
to notices mailed postpaid to the Petitioner, abutters, abutters to abutters,
Board Members, and notice duly published in the Salem Eveing News advising
of this public hearing.
Chairman John M. Gray, Sr. , opened the meeting with Board Members
William Abbott, Arthur Labrecque and Associate Member Donald Eames present.
The Petitioner was represented by Robert Murphy, Esquire, and through
her attorney, presented the following evidence and a plan drawn by
Donald S. Fox, Registered Land Surveyor, Sunset Road, Carlisle, Massachusetts
and dated July 19, 1973:
Attorney Murphy stated that there would be no structural changes or additions
to the existing building. Attorney Murphy further stated that it is the
intent of the owner and her tenants, Mr. & Mrs. Robert A. Murphy, if a
variance is granted, to use a portion of the structure for the purpose of
selling books, consisting mostly of rare and old books which would appeal
tb museums, universities, historians and collectors. It is further felt
by the Petitioners that the neighborhood will neither deteriorate nor
suffer in any way, but rather will be enhanced by the addition of this small
business.
The Board, being familiar with the area in question, after discussion and
after reviewing the plans submitted, voted unanimously to grant the variance
southt and found that the granting of said variance would neither derogate
from the meaning and intent of the Zoning By-Law, nor be detrimental to the
neighborhood in question.
The Board, after reviewing the evidence, finds that there is a case
of substantial hardship with respect to the lot size in question.
THE BOARD VOTED UNANIMOUSLY TO GRANT THE VARIANCE SOUGHT.
SALEM BOARD OF APPEALS
r�
BY:
Donald Koleman, /(Acting Secretary)
Hearing September 22, 1975
✓,'.aM1il�y4d8��[ Cill
PETITION OF HARVEY AND NANCY LAZARUS
APPROXIMATELY 4,500 SQ
FOR A SPECIAL PERMIT TO USE
UARE FEE' OF THE BUILDING LOCATED AT 285 DERBY STREET
AS A,-VETERINARY HOSPITAL (B_4 DISTRICT).
_ .
und'zegan OCT Eames. Z� ICq59 '75�''
ncq fllE
Hearing on this petition was held on
mailed postpaid to the Septemb. 797�, ursuant to notices
abutters and others, andenoticesr, Board Members l • n '
abutte'-�s!-%%&ers to
advising of this public hearing. Y Published in the Salem Evening
meeting with Board members Jane Chairman John M. News
Abbott and Associate member Donald Lundregan, Gray, Sr, opened the
e Arthur LaBrecque, William
Eames present,
Ifarvey and Nancy Lazarus
Councillor Nowak , 37 Puritan Avenue, Swampscott appeared in favor,
,• ' appearing in oppositon questioned whether animals will be
boarded and burned at this site, Mr. Lazarus stated that no animals will be
boarded on the outside of the building, and animals to be incinerated
ill
be frozen and picked up for disposal elsewhere.
is soundproofed, Mr. He stated that the building
stated his own business bwhich aisethataofwaswholesale in the ubook ndistributor. Mr.
Lazarus stated that there is an existing brick wall in the building, Lazarus
Lundregan asked how many employees in connection with his building.
four or five Mrs.
he was not e, and
thaed with ere was parking for 25 cars, osHe stated
Plan submitted. Ms Abbott stated that
responsible as he approved them, Mr, Gray stated that s was
sprinkler system. Mr. Lazarus stated the building has a
y Hearing closed,
Mrs. Lundregan moved Special Permit be
roll call vote of 4 Yeas 1 granted. Special Permit
Section 5,
Paragraph B-8 of the Nay, Mr. Abbott voting granted by
Salem Zoning Ordinances the Veterinary Hospital is allowed
as a presentedlshowed sufficient a safeguards,ct.thatThe theBoardgran felt that the evidence
Permit would be in harmony with the Salem Zoning granting of such Special
was granted at that time, g Ordinance, and therefore
GRANTED
CITY OF SALEM /y- BOARD OF APPEAL
/Secretary
y
.51
'F p
s e4 Hearing - June 30, 1975
1 Tutfv ofttlettt, v �FdCLiSP##s
RECEIVED
UGIO 5 {I a3 AH ' 72uttrb of pe l
�.,
DEC SON THE PET ON OF DR. MILTIADES VORGEAS FOR A VARIANCE FROM THE
RESZffVTkCLNi.;''O,,RVagEG THE PARKING OF TRAILERS OVERNIGHT IN SALEM (289 DERBY ST.)
WdLIAM F. ABBOTT SALEM. BASS.
JOSEPH F. DOYLE
JOHN M.GRAY, SR.
ARTHUR E. LABRECQUE
Jane T. Lundergan
Donald E. Eames
EMERY P, TANCH Decision on the Petition of Dr. Miltiades Vorgeas for a variance from
the restriction forbidding the parking of trailers overnight in the City of Salem.
Hearing on this petition was held on June 30, 1975 pursuant to notices
mailed postpaid to the Petitioner, Board Members, Abetters, Abutters to
Abutters and others, and notice was duly published in the Salem Evening
News advising of this Public Hearing.
Chairman John M. Gray, Sr. opened the meeting with members Jane T.
Lundregan, William Abbott and Donald Eames present.
Petition of Dr. Miltiades Vorgeas for a variance for the over-night parking
of two trailers to be used for commercial purposes at 289 Derby St.- Dave &
Jack's Texaco Station. Dr. Vorgeas stated he has been a resident of Salem for
24 years. Last October he spoke to the Mass. Bicentennial Comm. relative to the
use of these trailers for food service during the Bicentennial. He proposed to+
use them for July and August of this year and June, July and August of next year.
The trailers will be removed from the lot during the winter months and he would
only use two trailers. Dr. Vorgeas stated that he had been a member of the
Conservation Comm. for 9 years, and would be sure that the venture was carried
on in good taste. He stated Lexington granted him a permit for 2 days during
President Ford's visit, and that he provides the trash recepticals. He has no
written endorsement from the Bicentennial Commission because they cannot give one.
Mr. Eames asked if he planned to deal in antiques. Dr. Vorgeas said no, strictly
•
food. Hearing closed.
The Salem Zoning Ordinance states that "No person shall park or occupy a
trailer for living or business purposes within the City of Salem#" Dr. Vorgeas
RECEIVED
Gifu of Salem, .�' nsar usetts
y(�, ` �
r:..,,._. ,? Pourb of �A"rzd
J
�r♦ r.�t AUG y 11 43 AH I5
WILLIAM F. ABBOTT CITY CL`IWS SUFFICE -
JOSEPH F. DOYLE DECISIONSAL1%."W IADES VORGEAS - PAGE TWO
JOHN M. GRAY, SR. - -
ARTH❑R LA RECO
Jane �f. �,nndergan
Donald E. Eames
EMERY P. TANCH did not present the evidence of any hardship. His sole reason for requesting
the variance was for commercial purposes. The Board voted unanimously to deny
said variance because of the absence of hardship and because said variance
could not be granted without derogating from the intent of the Zoning Ordinance.
DENIED
SALEM BOARD
/OOFF APPEALS
Secretary
Ii
RECEIVED
_--�, Hearing - May 27,� 19f�
1rt U '15
E _ � z6PH
y �7. ' tfi{y ,
LY�[i J?�#b' 11� C 21£i�raL'11Y� Lt1, '?' OFFICE
mo,� r` I SALEM, MAS I
r ,�
,r.�j�s paurb of Ai'r.vd
\�ciins�dr� I UV
DECISION. ON PETITION OF INEZ REALTY FOR THE EXTENSION OF THE
WILLIAM E. ABBOTT NON-CONFORMING USE AT 7 DODGE STREET (FOLSOM'S SEA FOOD-CHOWDER
JOSEPH P. YHOUSE) TO ALLOW AN ADDITION OF APPROXIMATELY 1�490 SQUARE FEET,
JOHN M. GRAY,
BR.
ARTHUR E. IABRECQUE
Jane T Lundregan
%Donald E.. Eames
EMERY P. TANCH Hearing on this petition was held on May 27, 1975 pursuant
to notices mailed postpaid to the Petitioner, Board Members,
Abutters, Abutters to Abutters and others, and notice was duly
published in the Salem Evening News advising of this Public
Hearing.
Chairman John M:_Gray,_Sr..-opened the meeting_with..members
Jane T. Lundregan,. Arthur Labrecque, William Abbott and-Associate
Member Donald Eames present.
Atty. Robert LeDoux represented the petitioner and stated the
owner originally.obtained-a special.-permit.•in-.1972.:;- He -stated. that--
the-:-
hat=the-:- location--is-surrounded--by--businesses and :that::there is-a--paid --
parking- lot directly- across
_paid --parking-lot-directly- across the street. He. stated-the-building will
-be used .-for=:office-space -and-storage, which has become quite a
problem. Mrs. Lundregan asked who owned the fenced parking lot
adjacent to the restaurant? Mr. LeDoux said it belonged to the First
National. Mr. Eames asked if Mr. Folsom will be participating in
the validating plan for the Riley Plaza? Yes. Mr, Richard. Folsom,
the petitioner appeared in favor. There was no opposition.
The:-Board-voted unanimously to -grant .a -special permit. The Board
voted that it is a commercial area and does iEot encompass any resident-
ial uses. Since the added exten9ion would be used for storage space
no additional -parking would be necessary. The Board felt the extension
would not derogate from the intent of the Zoning By-law nor be in any
way-detrimental to the surrounding area and therefore voted to grant
the Special Permit as requested, n
RECEIVED
Hearing y ,- May 271975
Jun 16 25 PH '1§
I
08)
l�rCti of al' in, C ct: ; I _YCG�if OFFc
SALEM,
L1dStLSS. E
����• ,1'r'%� U2ITI� U{ x}13 Fti!
DECISION ON THE PETITION OF JOHN J. AND IRENE B. BOCHYNSKI TO ADD
l WRLIAM F. ABBOTT AN ADDITIONAL APARTMENT AT 60 ESSEX STREET. (R-2 Zone)
JOSEPH F. DOYLE
JOHN M. GRAY. SR. -
ARTHUR E. LABRECOUE
Jane T. Lundregan i Decision on the petition of John J. and Irene B. Bochynski
Donald E. Eames
EMERY P. TANCH to add an additional apartment at 60 Essex Street (R-2 Zone)
presently consisting of a business office. on the first floor and
an apartment on the second floor. Owner is petitioning to add an
apartment on the third floor.
Hearing on this-petition-was-he-ld-on-May-27y- 1975 pursuant to -
notices maiYed-postp'aid`rto--the-Pe'titi-oner,Board-Member-sy-Abut-tersy-
Abutters.-to-Abutters and:.-others,_and notice-was' duly-publish-ed-in- -
the 'S are-in-Even n_g_-_News=-advising of�his.-Pub lic-Hearing~=-
• Chairman John M. Gray, Sr. opened the meeting with members,
Jane T. Lundregan; Arthur-Labrecquei William Abbott and Associate
Member Donald Eames, present.
The-Petitioners-appeared-in-their own behalf.- They stated that
the--present ecanomTc-cunditi-onrmake-it-drffi'cult---to-keep- the-rent--
for their present tenant doyen. With the additional apartment they
will not have to raise the rent. He stated his daughter will-be
married shortly and he wanted the apartment for her. Marjorie Kopeland
an abutter appeared and said that she was neither for or against the
petition, but wanted some questions answered as to egresses from the
third floor. She was also concerned by the added conjestion in the
neighborhood. Mr. Bochynski explained that an additional stairway will
be built to the 3rd floor, and stated that he felt.that' one family
would not cause that much additional conjestion, as the houses on
either side of his property contained six families. The house directly
across the street contains five apartments. In reply to Mrs. Lundregan' s
ffiiu of o�alexrt, c d�=�:,,,�r: lig<}r11
WILLIAM E ABBOTT PAGE TWO - DECISION - JOHN J. & IRENE BOCHYNSKI, 60 ESSEX STREET
JOSEPH E. DOYLE
JOHN M. GRAY,SR. question as to off street parking Mr. Bochynski stated he had none.
ARTHU°. E. LABRECOUE
Jane T. Lundregan The Board voted unanimously to grant the variance as requested
Donald E. Eames
EMERY P. TANCH by the Petitioner with the stipulation that such apartment be for
the use of Petitioner's family only. The Board after reviewing
the evidence presented felt that the Petitioner's request could
be granted without detriment to the surrounding neighborhood. The
Petitioner is abutted on two sides by buildings containing six
__apartments_-each—The_Patitions are asking -for a thirdapartment
--only,- and-in light of the surrounding densities would be dis-
advantaged-if--the variance was not-granted.
iGRANTED SUBJECT TO CONDITION
-SALEM-BOARD OF APPEALS
BY:
/pec-retary-
s /t
Hearing - April 28, 1975
�} y„P �ETtt9 eJ �sa7L3lK.4�L �s
DECISION ON Q]ET$ EETITION , CIfOBA REALTY TRUST FOR SUCH VARIANCES AND
WILOAM F. ABBOTT SPECIAL PERMITSSk6E1QI*iM0 NECESSARY TO EXTEND AN EXISTING NON-CONFORMING
JOSEPH F. DOYIE USE AT 121-1232 ESSEX STREET AND 2 HAWTHORNE BLVD.
JOHN M. GRAY, SR.
ARTHUR F. IABRECOUE Hearing was held on this appeal on April 28, 1975 pursuant to
DONALD KCIEMAN 1
WARREN 6AUGHN notices mailed post-paid to the Petitioner, Board Members, abutters,
EMERY P. TANCH
abutters to abutters and others, and advertisements duly published in
the Salem Evening News advising of this public hearing. Present were
Mr. John M. Gray, Chairman; Board Members William Abbott, Arthur LaBrecque,
and Jane Lundregan; and Associate member Donald Eames.
Attorney Lawrence Markell, 208 Washington Street, Marblehead appeared
for the petitioner Moba Realty Trust. The principals of the trust,
Andrew Mosco, and Dennis Bates were also present. The petitioners request
that a special permit be granted to allow the conversion of the first floor
at 121-1232 Essex Street and 2 Hawthorne B1vd.. into a restaurant serving
alcoholic beverages. The building presently consists of 6 apartments and
2 stores.
Attorney Markell stated that the principals purchased the building
i
in September of 1973, and that Mr. Mosco is presently residing in this
building. Mr. Markell stated that over the years the building has housed
a meat market, barber shop, gift shop, book store and antique shop. The
owners feel that this area could make use of a tasteful restaurant and they
s plan to serve luncheons, dinners and after theatre snacks. The seating
capacity will be between 50 and 75. They anticipate employing between
8 to 12 people. Mr. Markell stated that although the lot is zoned as
R-3, all of the adjacent buildings are commercial. He stated there would
be no lighted signs or marquees. He stated his clients were willing to
make parking arrangements for their customers with the Off Street Parking
garage. Councillors Goerge Nowak, and Richard Swiniuch appeared in
OT.IDOS1tlOn_ CNitlCl llnr Nnwalr
A
RECEIVED 01zfur of Salem, Iffins5a�1-modiz
s� far 9 Pourb of c Fpeal
i3 s
wiLUAM. E. a3ooTT CPAL `''.`P9A ��ON - MOBA REALTY TRUST - 121-123, ESSEX STREET &
JOSEPH F. DOYLE - 2 HAWTHORNE BLVD,
JOHN M. GRAY, SR.
ARTHUR E. LABRECOUE pastor was in opposition to the granting of this petition, and that
DONALD KOLEMAN
WARREN BAUGHN there is presently a restaurant and lounge across the street, at the
EMERY P. TANCH
Hawthorne Motor Inn. Councillor Swiniuch stated the parking garage
would not be available for parking as they close early and are not
opened on Sundays. He also stated that there were presently 20 liquor
licenses located in Wards I and II. Mrs. Moulison of the Women's Friend
Society appeared and stated that her organization would not be in
opposition if the variance was restricted to the serving of alcoholic
beverages with meals only. Atty. John R. Serafini appearing in
opposition, represented Mr. & Mrs. Picone who operate a sandwich shop
at 4 Hawthorne Bovd. Grey Moore, an abutter appeared and stated that he
did not feel this restaurant could meet the competition of the Hotel.
The Board unanimously rejected the petition. The Zoning Ordinance
requires that restaurants and drinking places provide one parking space
for each four seats and one space for each two employees. The Board
may permit parking spaces to be provided within four hundred feet of the
building intended to be served. In the present case the petitioners are
unable to provide any convenient parking for the proposed customers.
It was felt by the Board that the Parking Garage sufficiently-would not
adequately fullfill the parking requirements. The Board further found
that the proposed use was not as equally appropriate to the immediate
area as the existing non-conforming use.
Because of the foregoing reasons, the request for a special permit
was DENIED. SALEM BOARD OF APPEALS
;, (Acting) Secretary' `
13DecemberL
1 Hearing - January 20'. 1y'75
01itu o �'ttlCm � its ttei�u e## CE r . � ) �_�. .YED
i A4l
,r .ap0a of �ppettl rE8 ; ;2 AM '75
CITY uFFICE
WILLIAM F. ABBOTT SALEM, MASS.
WILLIAM
F. oABL=_ DECISION ON THE PETITION OF ALLYN REALTY TRUST Tf6 CONSTRUCT
JOSEPJOHN M.GRAY, BR: A FOUR-UNIT DWELLING AT 394 ESSEX STREET.
ARTHUR E. IABRECQUE
-I DONALD KOLEMAN
I � WARREN BAUGHN.
EMERY P..TANCH This is a direct appeal by the Petitioner, Robert C. Bramble,
Trustee of Allyn Realty Trust, through his attorney, George P. Vallis,
li
70 Washington Street , Salem, from the applicable terms of the City
Zoning Ordinance, to allow him to construct a four-unit family dwelling
Ii ... house on a parcel of land located in an R-2 district which is per-
missible as a special use under. Section V (B-3) of the Zoning Ordinance.
J ! Hearingwas-he.ld_on-this_-appeal-on_Dec.ember 9,__1974,_pursuant to
' notices mailed postpaid`�to'-the' Petitioner;'Board-Members`,- Abuttersi
Abutters to Abutters , and others, and a notice was duly published in
' i
the Salem Evening News advising of this Public Hearing..
Chairman John M. Gray, Sr. opened the meeting, with Board Members,
d '
Donald Kolemani_ Arthur..Labrecquej William__Abbott and Donald Eames, present
i
The application -is. submitted to obtain a Special Permit and Variance
1 from the applicable terms of the Zoning Ordinance with respect to lot
e
iurea, rear and side yard set back requirements and frontage. The
Petitioner, through his attorney, submitted the following evidence: .
L
The Petition is the owner of-a parcel of land containing 8,640
° square-fee-t-of--land,-more-or-less-i having-purchased-the--same-on--
February
urchased-the-same-on-
February 1, 1974, by deed recorded with Essex South District Registry
li
of Deeds, Book 6043, Page- 373. At the time of said purchase there was
situated on said parcel a coach house. - The predecessor in title had
obtained a Variance and Special Permit permitting him to renovate and
alter the building into a four-unit family dwelling house which
decision was filed with the City Clerk on November 1, 1973• Subsequent
to the Petitioner' s purchase of said parcel, the coach house was
f
destroyed by fire.
The . Petitioner has submitted a plan which shows that the building
proposed to be erected will occupy the same area as the previous
building. The Petitioner further states that the reasons for granting, .-
the
ranting. ,the Special Permit and Variance previously still apply. Most buildings
I'
in the immediate area are of the multi-family variety.
1
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WILLIAM T. ABBOTT PAGE TWO - DECISION - ALLYN REALTY TRUST
11 - JOSEPH P DOYLE
JOHN M. GRAY, SR. -
I
ARTHUR E. LABRECOUE -
DONALD KOLEMAN
1
WARREN BAUGHN
I EMERY P. TANCH -
F
f
# The Petitioner submits that in granting the Special Permit
and Variance to the Petitioner, no diminution in the value
ofthe
r sur-rounding- properties=wbul-d-tie--suffered-aiid-tliat- it would_not'
result ift:any_-adverse-=effects-or_:inuzany.,-;way�be�detr-imentaS}to-the=—
abutters or other surrounding properties.
' The Board voted tocontinuethe hearing on the said petition
to January., 20, - 1975 at:which-- time- it unanimously voted to grant
the Special Permit and- Variance_as._requested:.by the -Petitioner:. :
The'_Board_•reviewed:'all_�of= the-�evideuce_presentedEland=consi:derede__
carefullr--the_plAns-heretofore_.mentibned - The=Boardr found^•that-
relief= could=be:granted�andga=Special Permit�without--sub-stantialz
detriment=to--the---publlc:good--orE-substantial=derogation-from .the
intent .of; the-District- or. the._provisions-of the-City_ Zoning_ .
Ordinance,. that literal- enforcement- of-the -provisions of-tlie ..
Zoning By-Law would cause substantial hardship to the Petitioner
and that special conditions with respect to a lot size and place-
ment of the building thereon exist which are not generally affect
ing other lots and structures in the District.
Variance and Special Permit voted unanimously. .
CITY OF SALEM - - BOARD OF APPEAL
BY:
Acting Secretary ra. .
Hearing - April 28, 197569
m I
MAY
13 j 05 PH 27 �►rtt� ani c 3� e 1
DECISION UTt
uT T� MTR THE ESSEX COUNTY COMMISSIONERS FOR THE
W. AM E. ABBOT- EXPANSION OF AARSCOUNTY DEPARTMENT AT 32 FEDERAL STREET. PERMITS
JOSEPH E. DOYLE AND VARIANCES NEEDED WITH REGARD TO SETBACKS, DENSITY, HEIGHT AND PARKING,
JOHN M. GRAY, SR.
ARTHUR E. LABRECOUE, Hearing was held on this appeal A ril 28 1975 pursuant to
DONALD KOLEMAN , Pp on p ) )
WARREN BAUGHN
EMERY P. TANCH notices mailed post-paid to the Petitioner, Board Members, abutters,
abutters to abutters and others, and advertisements duly published in
the Salem Evening News advising of this public hearing. Present were
Mr. John M. Gray, Chairman; Board Members William Abbott, Arthur LaBrecque,
and Jane Lundregan; and Associate member Donald Eames.
Phinnas Alpers, 340 Newberry Street, Boston appeared for the petitioner.
He presented the proposed plans for the construction of a four story,
24,000 foot building fronting on Bridge Street to the north end of the
existing Registry and Probate Court Building, The addition will allow
the expansion of the Registry of Deeds and Registry of Probate functions.
The new addition is intended to maintain the same use as the existing
buildings. Mr. Alpers pointed out that the orientation of the existing
buildings was established prior to the initiation of the Zoning Ordinance
without regard for setbacks, density, height, parking or other standards.
The Board voted unanimously to grant the requests of the petitioner
for the necessary variances. The Board found that the unique public use
of the building warranted the granting of the variances for the general
public good. The Board found that there is true economic hardship due to
the special long standing use of the land. Therefore the Board voted
unanimously to grant the variances requested.
GRANTED SALEM BOARD OF APPEALS
(Acting) Secretary
v
iU 33 11H '75 . , nttrD of rttl
WILLIAM P. ABBOTT C17P O � fikITION OF GREGORY J. GORDON FOR A SPECIAL PERMIT TO
_ EPH R. DOYLE FUSE THE FIRST FLOOR AT #76 FEDERAL STREET (R-2 DISTRICT)
� N M. GRAY,SR. AS A DOCTOR'S OFFICE,
ARTHUR E. LABRECOUE -
DONALDKOLEMAN Pursuant to notices duly advertised in the Salem Evening News,
WARREN BAUGHN a public hearing was held on the Petition of Dr. Gregory J. Gordon.
EMERY P. TANCH The hearing was held on March 24th, 1975 at 8:30 P.M. Members of the
Board of Appeals present were: John M. Gray, Donald Eames, Donald
Koleman, William Abbott and Arthur Labrecque, The following evidence
lil was presented, the property in question is a two-family dwelling
situated in an R-2 zone. The applicant is a licensed Doctor of
Chiropractics, and is going to occupy the first floor premises and
use a portion of the said first floor for his professional use
involving the practice of a Doctor of Chiropractics.
i
Evidence was introduced that there would be no exterior structural
changes and that the interior of the premises was suitable for his
office use as well as his residence. Evidence was also introduced
that there was adequate parking in the area and that the use in
question was a contemplated use under the existing zoning ordinances
i of the City of Salem, in which residences in R-2 zones could, if
occupied by the applicant, be used to a certain extent for professional
r offices.
f
P Evidence was further introduced that the applicant, Dr. Gregory J.
Gordon, was establishing a new practice in the area and that there
_• was a need for this type of profession in the City, and that Federal
Street, itself, while in an R-2 zone, did have offices located within
residences used by the occupants thereof.
The Board, unanimously found that to grant the special permit as
requested in no way derogated from the intent or spirit of the zoning
ordinance., that it was for the public good and that some years ago,
a special permit had in fact been issued for the same dwelling for use
as a law office.
" On all the evidence presented, the Board, unanimously found (1)
that to grant the special permit was not contrary to the public good,
j (2) that granting the special permit was in keeping with the spirit
and intent. of the zoning ordinance of the City of Salem, and that
it (3) the proposed use was compatible with the area in general.
All members voting in the affirmative, the Board unanimously voted
1 to GRANT the special permit as requested.
II
I:
j� SALEM BOARD OF APPEALS
(Acting) Secretary
I
!
it
Hearing - October 21, 1975
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SALEM? MR
WtLLiAM F. ABBOTT DECISION ON PETITION OF HELEN P. MURPHY, 1+41 FEDERAL STREET FOR A
JOSEPH F. DOYLE VARIANCE FROM SECTION 7, SUB-PARAGRAPH H OF THE SALEM ZONING ORDINANCE
JOHN M. GRAY,SR. IN ORDER TO ERECT A CARPORT.
ARTHUR E. LABRECQUE -
JANE T. LUNDREGAN.
DONALD E. EAMES
EMERY P. TANCH
Hearing on this petition was held on October 21, 1975 pursuant to notices mailed
postpaid to the Petitioner, Board members, abutters, abutters to abutters, and
others, and notice was duly published in the Salem Evening News advising of this
Public Hearing.
Chairman John M. Gray, Sr. opened the meeting with members Jane T. Lundregan,
William Abbott, and Associate member Donald Eames present.
The petitioner represented herself before the Board. She petitioned to be allowed
to erect a 10 foot by 20 foot aluminum free standing carport. The structure would
be within 10 feet of the lot line. She requested permission so that she could
protect her automobile from the elements and in order the improve her property.
. The Board voted unanimously to grant said variance. The Board felt that the
variance could be granted without derogating from the intend of the Salem Zoning
Ordinance or without derogating from the surrounding neighborhood.
GRANTED
CITY OF SALEM - BOARD OF APPEALS
c2-a-�t/ � • '
-
q46cr6tary
Hearing - February 24, 1975
Ctv of
'..�� nttris of � ett1 MAR
DECISION ON PETITION OF MUTUAL TENNIS, . INC. , FOR A 'S� r'+ � utFBCF ,
10SEPH. FOYLEABBPERMIT AND VARIANCE ,IN CONNECTION WITH APPROX. 3.5 AC 1 �$ •.
!osePH R. ooYLE
,CHH M GRA), SR. LAND ON FIRST STREET.
ARTHUR E. LAPRECOUE
DCNALD KOLEMAN Pursuant to notices advertised, and mailed postage prepaid
WARREN 9AUGHN to the Petitioner, Board Members and abutters and abutters to
EMERY P. TANCH L
abutters and others , a public hearing was held on this appeal
on February 24, 1975 at the offices of the Board of Appeals. ,
Present at said hearing were : Chairman, John M. Gray; Board
Members : William Abbott, Arthur LaBrecque and Donald Eames.
Attorney John R. Serafini appeared for the Petitioner and
evidence was introduced as follows :
The Petitioner is a purchaser under a written agreement of
a parcel of land of approximately 3.5 acres , which area in
question is located on First Street in said Salem, Mass. , and
is in an area that was zoned to permit industrial uses , and a
• portion of which was zoned for R-3. Subsequently, the Board
granted a variance so as to enable the area to be used for B-2
purposes or commercial purposes. Said parcel is shown on plans
e
submitted with the application.
z
Evidence was introduced that ip an Industrial zone a
recreational facility is permitted and that in a B-2 zone or
commercial zone, commercial or recreational buildings are per-
mitted by means of a special permit granted by the Board of Appeals.
Further evidence was introduced at the hearing in connection
with the type of facility which the Petitioner wished to build
and operate on the approximate 3.5 acres . Letters , photographs,
plans and testimony from the principals of Mutual Tennis , Inc .
at the hearing disclosed that the structure to be built would
house eight (8) tennis courts , and which would be operated on a
membership basis and which would be open to the public . That the i
structure itself, would comply with all existing state and local
zoning requirements as to the local building code.
That the petitioner is experienced in the construction and
operation of tennis facilities and that this was their prime
business.
1
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'Pour3 of 'Appru1
PAGE 2 - DECISION - MUTUAL TENNIS, INC.
WiLUAM E. ABBOTT Evidence was further, introduced that statistically the
JOSEPH F. COYLE
tennis facility doesn
.not ecourage many.. spectators , . .that, the, .
.-". JOtlN M.,GRAY;5R_ :.. ..... r.. .; .. ...,_ .. .... . ..
ARTHUR E. LABRECQUE people who are members and wish to play tennis , do so because
DONALD KOLEMAN
WARREN BAUGHN of their own recreational needs and that no exhibitions were
EMERY P. TANCH
planned or in fact could be accommodated. That as a result,
the maximum parking required would-be approximately 36 spaces.
The testimony indicated that if all eight (8) courts were in
use by four people on each court, and each person had their own is
automobile, that the maximum number of cars on the premises at
any one time would be 32.
Evidence was also introduced which indicated that provisions
for 56 parking spaces would be provided, which statistically
proved would be more than enough to cover all parking needs for
this tennis facility.
• Evidence was further introduced that in accordance with the
City of Salem zoning ordinance definitions , that the height of
this particular building measured so as to provide and meet with
the requirements of the building code.
Further evidence was introduced in the nature of topographic
plans and testimony that the site in question was peculiarly
shaped, that it was long and narrow and that the sides of said
lot contained high ledge, which made it difficult , if not im-
possible , to utilize it for any parking or building purposes.
That the 3.5 acres as shown on the plans required, in order
to properly utilize the land based on the topographic data
available , a building built in a certain manner and placed on the
lot in such a way that utilization of the land- area could be
obtained in a manner that was both economical and took into
consideration the physical problems attributable to the land
itself.
Councillor Joseph R. Ingemi, councillor for the Ward, appeared
i' in favor of the application and cited the fact that development
of this kind would be of great benefit to the community and provide
also taxes for the City of Salem, which would be a direct benefit.
gitu of �iIEItY� � �Ia�atiC U$E
Y
Pottrb of 'Appral
WILLIAM F. ABBOTT PAGE 3 - .DECISION - MUTUAL TENNIS, INC:
JOBEP.H F. DOYLE. . . ... .. .. : ..'.
The; councillor, d'statethat' this' would not in An
JOHN M. GRAY, BR. Any 'way
�b�e
.aeTHUR.E..LABREuauE detrimental' to t:he 'deve'Toptnent 'pl'anned'`fo(r' thi's'parti,cu"rar"' `
DONALD KOLF,M,AN
WARREN BADGHN section of the City.
EMERY P. TANCH No one appeared or spoke in
PP p opposition to the use of the
premises for this tennis facility.
The Board after hearing all the testimony and consideration
of all the evidence presented, found as facts the following:
That the 3.5 acres shown on the plan itself, would be
suitable for use of the portion of the land as a commercial
tennis facility.
The Board noted that in a B-2 or commercial zone, which zoning
H
applied to this particular parcel of property in question, by means
of a variance , which the Board of Appeals had previously granted,
• and in consideration of the fact that the underlying zone was in
large part Industrial and that a small portion of said lot originally
was zoned for multi-family purposes , that in all of those zoning
sections of the City of Salem, zoning ordinances , commercial or
recreational facilities were contemplated as a permitted use. or
as a use permitted by special permit. The Board further noted
that the last variance granted, which affected this particular
parcel permitted its use for all B-2, highway business or commercial
purposes permitted in B-2 zones by means of permitted uses or uses
permitted by special permit.
The Board therefore found that to grant the special permit
use required to permit the construction of the tennis facility
would in no way derogate from the intent of the zoning ordinance
and would promote the public good. The Board had in mind that to
provide recreational facilities for the community is in keeping
with future planning and recognizes the need for the people to
have outlets such as theaters or commercial facilities , including
tennis courts and health clubs. That the surrounding area is
zoned for industrial and B-2 purposes or commercial purposes, which
certainly indicated an intent as manifested through the zoning
ordinances that facilities of this type would be compatible with
and not in derogation of development in this entire area.
situ of �ttlem � s�ttcl�uEtts
fl ry Pl' o� )
'- PAGE 4 - DECISION - MUTUAL TENNIS, INC.
WILLIAM R. ABBOTT The Board was satisfied as to the responsibil'ity. and
JOSEPH F. 'ooviE '' experience of the Petitioners to conduct this type of business in
JOHN to GRAY, SR.
ARTHUR E. LABREcouEaccordance with standards that would be in keeping with the
OONALO KOLEMAN
WARREN BAUGHN community as to recreational facilities.
EMERY P. TANCH The Board further found that the statistics presented in
connection with parking requirements for the tennis facility
and the 8 courts would require no more than 36 spaces at any one
time , and that certainly a provision for 56 spaces would be more
than ample, given the fact that the facility did not contemplate
housing any spectators or conducting of any exhibitions and that
at any one time the maximum number of participants , if the premises
were fully occupied, would be under 50 people. The Board then
examined the zoning ordinances as they pertained to parking, and
• concluded that the standards applicable to theaters or exhibition
halls or places of assembly or shopping centers or areas used for
shopping centers , should not apply to a specific use such as a
tennis facility, because the total number of vehicles required to
use the facility was considerably less in this particular case than
that required for a theater, exhibition hall or place of assembly.
The Board therefore found that a literal enforcement of the parking
requirement for B-2 areas or commercial or recreational facilities
would impose a substantial hardship on the applicant in that there
was no possible way that the parking requirements would exceed 56
spaces for 8 tennis courts and pro shop.
The Board further examined the plans and topographic data
submitted in connection with the proposed construction and concluded
that the measurement as to the height of the said building conformed
to all zoning requirements.
The Board, which was familiar with the site as some members
had examined in person, found as a fact that the site was extremely
• ledgey and uneven with different gradations in heights and that to
' utilize this parcel of land it would be necessary that the structure
cover more than a permitted density in B-2 zones and that in order
of tt1Pm, canalr4n8P##s
Pottrb of �kpptal
PAGE 5 DECISION - MUTUAL TENNIS, .INC. .
WILLIAM F. ABBOTT to maintain setback and side line requirements the building had to tt
JODOVLE be placed on the premises in such a manner that a � greater area of
JOHN
HN M,Id. GEA., SR.
' ARTHUR F.'L'ASRecouE land was covered by' the building than was permissible-, and that a
DONALD KOLEMAN
WARREN BAUGHN literal enfocement of the zoning requirement as to the density
EMERY P. TANce and lot coverage would not be in keeping ping with B-2 requirements.
The Board found that the B-2 or highway business section of the
zoning ordinance contemplated shopping centers in which only a small
portion of the land was covered by building, so as to maximize the
open spaces for parking. That since this particular building and
use did not require as much parking, that to insist that the lot
coverage requirements be maintained as if the area were to be used
for a shopping or highway business was not realistic and would
provide a hardship on the petitioners.
The Board also concluded that in view of the overall develop-
ment of the area and in view of the overall zoning of the area that
the city contemplated that facilities of this type would be built.
They also found that it would be of benefit to the community and that
it would provide taxes and a placer of recreational activity. .
The Board further found in view of all the evidence presented:
and testimony given that to grant the special permit as requested
as to use of the premises and to grant the variance requested as
to density and lot coverage, would not be against the public good,
and would not derogate from the intent of the zoning ordinance and
further that literal enforcement of the applicable zoning ordinance,
the familiarity with the area in question, and being cognizant of;
the planned development in the area, the Board voted unanimously to
grant both a special permit so as to permit the premises to be
used for a recreational facility, which would permit the operation
of tennis courts and voted unanimously to grant the requested
variance. Building permit shall comply with the requirements of
the Building Code.
�. All members present unanimously voted in favor of granting
the special permit and unanimously voted in favor of granting the
variance as requested. CITY OF SALEM - BOARD OF APPEAL
BY: ( /
Acting' Secretary -
Y1
J
Hearing - April 28, 1975 X55
i All, J)-
��� ! MAY 13 S 04 FH '15 Pnttrb art Appeal D u d '�
L L
CITY PLTITION OF CHARLES J. HINCMAN FOR A VARIANCE FROM
Wr-_NAM. F. AEBOTi �1 , H-3 OF THE ZONING ORDINANCE GOVERNING DENSITY REQUIRE-
)OSEFh F. DOYLE MENTS FOR CONSTRUCTION OF AN ACCESSARY BUILDING AT 17 GLENN AVENUE.
JOHN M. GRAY, SR.
ARTHUR E. LARRECOUE
DONALD KOLEMAN
WARREN EAUGHN Hearing was held on this appeal on April 28, 1975 pursuant to
EMERY F. TANCH
notices mailed post-paid to the Petitioner, Board Members, abutters and
abutters to abutters and others, and advertisements duly published in
the Salem Evening News advising of this public hearing. Present were
Mr. John M. Gray, Chairman; Board Members William Abbott, Arthur LaBrecque,
and Jane Lundregan; and Associate.-member Donald Eames.
Mr. Charles Hincman petitioned the Board for a variance from the
density regulation governing the construction of a garage ,at 7 Glenn
Avenue. Mr. Hincman has lived at 17 Glenn Avenue for twelve years.
Section VII, H-3. of the Zoning Ordinance requires that no garage shall
be located nearer than ten feet to any side lot line, or twenty feet
from the rear lot line. Mr. Hincman wishes to construct a garage that
would have a five foot side yard and a twenty foot rear yard. The
ro osed structure p p ru re would be located approximately twenty-five feet from
the house. Mr. Hincman stated that if the garage was constructed in
conformity with the zoning regulations it would be difficult to enter and
it would also necessitate disturbing a cement patio located adjacent to
his house and his garden. The petitioner stated that the construction
of a garage would improve his property, provide needed protection for his
car, and provide him with additional needed storage space.
Councillor George Nowak appearing for Councillor Michael O'Brien,
was recorded in favor. Abutters William Tremblay and Peter Porcello
appeared and spoke in favor of the variance. There was no opposition.
After reviewing the evidence presented, the Board found that it
could grant the variance sought without derogating from the meaning and
RECEIVED Lt ➢ II Arm, �'y ti2Fi�Yf � 1P� $
� 3AY 13 3 04 PM 15 Poarb of ' YYpval
CITY CLtRr;'$ 0HICE
WILLIAM F. ABSOTT SAUU ft5S- DECISION - CHARLES J. HINCMAN - 17 GLENN AVENUE
JOSEPH F. DOYLE
JOHN M. GRAY, SR. _
ARTHUR E. LABRECOUE_
DONALD KOLEMAN intent of the Zoning By-law and without adversely affecting the
WARREN BAUGHN
EMERY P. TANCH surrounding neighborhood, The Board finds that the construction of
the garage would be an improvement to the property and that compliance
with the Zoning requirements would be a hardship to the petitioner.
VARIANCE GRANTED
SALEM BOARD OF APPEALS
Q ting) Secretary
•
•
Hearing August 25. 1975
Tam -.1dir5dis
CITY Cl';in'S OFFICE
SALEM. HASS.
Petition of Ouellette Realty Corp. for a variance
Jane T. Lundregan to permit the operation of a variety store and the
Donald E. Eames sale of food at 45-55 Harbor Street . (R-3 District)
Hearing on this petition was held on August 25, 1975 pursuant
to notices mailed postpaid to the Petitioner, Board Member, Abutters ,
Abutter to Abutters and others , and notice was duly published in
the Salem Evening News advising of the Public Hearing.
Chairman John M. Gray, Sr. , opened the meeting with members
Jane T. Lundregan, Arthur Labrecque , William Abbott and Associate
Member Donald Eames , present.
Mr. Gerald Ouellette representedlhimself. He stated that
the building has always had three stores on the ground floor.
The building is not rentable as apartments and has been vacant for
over two years . There was no oppostion. It was voted to grant
• the variance by unanimous vote .
The Board voted to allow the variance on the ground that the
inability to use the store for its permitted use was a hardship
to the Petitioner. The Board felt that the variance could be
granted without derogating from the neighborhood.
GRANTED
SALEM BOARD OF APPEALS
�cretary
I
Hearing August 25, 1975
RECEIVED b*J I] 2SlPItt� C ��1 a" TIiPS
Un 3509ANI '15
CITYFICE
SALEM, MASS
Petition of John J. Savasta to convert an
Jane T. Lundregan existing three family dwelling at 18-20 Hawthorne
Donald E. Eames Street to an owner occupied five family dwelling
(R-2 Distrito .
Hearing on this petition was held on August 25, 1975 pursuant
to notices mailed postpaid to the Petitioner, Board Member, Abutters ,
Abutter to Abutters and others , and notice was duly published in
the Salem Evening News advising of the Public Hearing.
Chairman John M. Gray, Sr. , opened the meeting with members
Jane T. Lundregan, Arthur Labrecque , William Abbott and Associate
Member Donald Eames , present.
John Savasta, Architect , the petitioner appeared in his own
behalf. He stated that he wishes to restore the building and that
he would meet all the Building Code requirements as to egress
and parking. He needs the extra apartments to help cover the
cost of the alterations and restoration. Appearing in opposition
were Councillor Joseph Ingemi , Mrs . Ralph Emerson, Rene Dube,
Michael Stafford, Wayne Billeau, and Edward Whalen. Councillor
Ingemi , speaking for the abutter, stated that this house has
caused numerous problems in the past , and five families would add
to the congestion already there . Hearing closed. Mr. Eames
moved the petition be denied. Petition denied by a unanimous vote .
The Board voted to deny the Petition on the grounds that
the hardship claimed by the petitioner was not in fact a hardship
under the Massachusetts General Laws Chapter 40A.
DENIED
SALEM BOARD OF APPEALS
�'$ecretary
r
Hearing April 28, 1975
F
RECEIVED
narb of 'Nipe, MAYY
75
C1;61�hG:�. CITY CL :rtA'. JtFICE
WIWAM, F. ABBOTT DPcr§N'*A' PETITION OF MILDRED WEIR TO BUILD AN EXTENSION TO _649MASS.
JOSEPH; F. Dore GIFT SHOP AT 38-40 HIGHLAND AVENUE AND WAIVER OF PARKING REQUIREMENTS.
JOHN M. GRAY, SR. -
ARTHUR E. LABRECOUE - -
DONALD KOLEMAN
WARREN BAUGHN
E,AERY P:TANCH Hearing was held on this appeal on April 28, 1975 pursuant to
notices mailed post-paid to the Petitioner, Board Members, abutters and
abutters to abutters and others, and advertisements duly published in
the Salem Evening News advising of this public hearing. Present were
Mr. John M. Gray, Chairman; Board Members William Abbott, Arthur LaBrecque,
and Jane Lundregan; and Associate member Donald Eames.
Mrs. Mildred Weir was granted a variance four years ago for a gift
shop at 38-40 Highland Avenue, She represented herself before the Board
• and requested a variance to build an extension to the shop to be used
for a small tea room which would seat ten people. She further requested
relief from parking requirements. Mrs. Weir stated that most of her
customers are people living in the immediate locale and very few people
park in order to visit her shop. There are several apartments in the
immediate vicinity of the shop. She stated further that she is a widow
and the gift shop alone does not guarantee her a sufficient living wage.
Evidence was presented that she has no immediate neighbors. She
i
owns the land adjacent to her home and it consists basically 'of ledge.
No one appeared in opposition. 1
The Board voted unanimously to allow the addition of the proposed
tea room. The Board found that the proposed use would in no way be
detrimental to the surrounding neighborhood. The Board further granted
the request to waive parking requirements. The Board felt that since the
anticipated customers of the shop would be on foot, such waiver could
be granted without in any way harming public good or without causing
• R E C E IV ED € Of
s
6 \ ra MAY 13 1 u4 i1l '75 Pourb of Appeal
CITYggCLcitR'� OFFICE
WILLIAM F. PAGEET� GT0 ASS •
JOSEPH FDOYLE DECISION - MILDRED WEIR - 38-40 HIGHLAND AVENUE
. GYLE
JOHN M. GRAY-,SR.
ARl'HUR E. LABRECOUE
DONALD KOLEMAN -
WARREN BAUGHN '
any, traffic problems.
EMERY P. 'lANCH
T
VARIANCE GRANTED
SALEM BOARD OF APPEALS
/(Acting) Secretary:
•
r
HEARING - MARCH 24, 1975
gift/ of "Sttfem, ttsszcf useffs
RECEIVED
nttrb of �Vpral
C
MAY i 3 9 io AM '75
DECISION
TyO,Niitt''PPTETIT'�titiI.��ON OF STANLEY J. BURBA, DDS, to EXTEND A NON-CONFORMING
WILLIAM F. ABBOTT USE ATC W Lnd�IAV '� ,
JOSEPH F. DOYLE SALEM.MA
JOHN M. GRAY, SR. -
ARTHUR E. LABRECODE This is a direct appeal by Stanley J. Burba, D.D.S, dentist with
DONALD KOLEMAN
WARREMERY P BANCHN 'offices at #129 Highland Avenue in Salem, to extend a non-conforming use
EMERY P. TANCM
approximately ten feet.
a Hearing on this matter was held on March 24, 1975 pursuant to
notices mailed post-paid to the Petitioner, Board Members, abutters
and abutters to abutters and other, and advertisements duly published
. in the Salem Evening News advising,of this public hearing. Present were
Mr. John M. Gray, Chairman; Board Members William Abbott, Donald Koleman,
Arthur Labrecque; Associate Member Donald Eames.
The Petitioner appeared on his own behalf and presented the following
evidence:
The Petitioner is a dentist who has his offices at #129 Highland
Avenue and wishes to extend the rear of the building by an addition of
approximately ten feet, which will be within all the legal boundary confines.
The Petitioner feels that he must appear before the Board for a special
permit, due to the fact that the area in question is located in a residential
conservation zone and that any addition to the building would be an extension -' 4
of the non-conforming use. The Petitioner described in more detail his wish
' to extend the lower rear level of the building to make it more appealing
J
esthetically to the surroundings. He further stated that the view of the
building was at one time only from Highland Avenue. However, since the
addition of the new Wilson Street development and the Salem High School, the
property is open on all sides. Petitioner further continued that any addition
of this property would enhance the location and under no circumstances would
it detract or interfere with the existing neighborhood. The purpose of the
I
new addition will serve as possible new office space and storage.
Ctv of Salpra, fflassuc4usetts
RECEIVED
A Wourb of �ypral
MAY 13 ° io AK '75
WILLIAM F. ABBOTT �Pjffi FOiit�L'S�EQ�FILC - STANLEY J. BURBA
JOSEPH F. DOYLE SALE�� RAVS♦
JOHN M. GRAY, SR.
ARTHUR E. LABRECOUE
DONALD KOLEMAN The Petitioner submitted, with his application, a photograph of
WARREN BAUGHN t
EMERY P. TANCH the existing building with an overlay showing the proposed additior_, � F
as well as a plot plan dated July, 1927 and drawn by Thomas A. Appleton,
Civil Engineer. Additional construction plans were submitted by Doctor
Burba, showing the proposed addition to the building.
Appearing also on behalf of the granting of the Petition was
John Thomas, a neighbor, and Mrs. Stanley J. Burba, the dentist wife.
No one appeared in opposition.
The Board, after discussion and consideration, of the plan submitted,
y
has determined that there is a certain hardship which runs with the land
itself which does not run with other lots in the residential conservation
area. The Board found that the expansion of the non-conforming use in
this case would not be in derogation to the meaning and intent of the
Zoning By-Law and would not substantially derogate from the neighborhood
in question.
The Board voted UNANIMOUSLY to grant the variance.
f
SALEM BOARD OF APPEEA�ALSJJ__
(Acting) Secretar
L
DECISION ON THE PETITION OF JOHN S. CAPPUCCIO TO ALTER A ONE-FAMILY HOUSE
• + noon AT 4 HOLLY STREET BY ADDING TWO ADDITIONAL APARTMENTS. (ZONED R-2)
!'I III I 00VIL
1 n M ra Av, sr. Hearing on this petition was held on Monday, QQt�{b 22 97� pursuant
.rwtw r +Amwrc:wi to, notices mailed postpaid to the etitioner baf M��b��� a�utters
,Jane T. Lurdre�,.�n p p P � ,
Donald E. Ea e
abutters to abutters and others, and notice wa,?,4eiJy published in the
=n.eav r. iANcr� Salem Evening News advising of this Public Hearing. Chairman John M. Gray,
Sr. and members Abbott, Labrecque, Lundregan, 0)1q -ylsoc �t�Gaig%er Donald
Eames were present.
Mr. Cappuccio appeared and stated that he has owned the house over four
years. Mr. Gray asked Mr. Cappuccio if he were living in the house. Mr.
Cappuccio stated that he had lived in the house but presently was living
in a house on Valley Street which he had built and been unable to sell.
He was hoping to sell the house on Holly Street but could find no buyers
for such a large one family house in a neighborhood containing so many
multi-family dwellings. Also appearing in favor were Robert Bernier, 2 Holly
Street; Charles Ranan, 2 Holly Street; and Claudette Bernier, 2 Holly Street.
Appearing in opposition was John McCarthy, 23, Holly Street next door
abutter, whose two family house is within 12 feet of 4 Holly Street.He
stated that the abutters appearing in favor are tenants of Mr. Cappuccio,
and that Mr, and Mrs. Bernier are related to Mr. Cappuccio. He stated that
he has lived at this address for 29 years and that it is mostly two family
homes, not all three and four family homes. He stated he would not object
to a two family. The area is zoned R-2 and he felt that the two-family
. home owners should be protected. He stated that parking will become an
additional problem and the necessary 4, parking spaces are not available.
Mr. McCarthy stated that Mr. Cappuccio will be an absentee landlord, and
for the Board of rule in favor of this petition would be discrimanatory to
the two-family abutters. Also in opposition were Mr. and Mrs. Blanchard of
V. Holly Street, and Betty McCarthy.
Mr. Cappuccio in rebuttal stated there are many multi-family houses in the
neighborhood. He feels by making this house into a three family apartment
dwelling there would not be as much traffic as a large single family would
cause. He stated this property is within 32 feet of an R-3 Zone. Hearing
closed.
The Board felt that the evidence presented did not show that a hardship
existed. The Board noted that the house was located in an R-2 Zone, and
could be converted to a two-family house, without the necessity of obtaining
a variance for that use. Mr. LaBrecque moved that the petitioner be granted
permission to convert to a two-family with a variance from the parking require-
ments. Mrs. Lundregan seconded the motion. Granted as amended.
GRANTED - AS AMENDED FOR TWO-FAMILY
CITY OF SALEM - BOARD OF APPEAL
i
B
,//secretary Q
e
s Hearing - December 9, 1974
J y �. .p .,yp p ,qn 1y yyyq
eSg✓S''g*i" r@ lA° �ay'/ r 9 ,ir Ih4b .LY 1
1lS3 YJ
WILLIAM =. Aeoc j �FCISION ON PETITION OF COLONIAL REAL ESTATE TRUST FOR A SPECIAL PERMIT
.o;;:vH F DcrLE TO USE THE PREMISES AT '199 JEFFERSON AVENUE AS A RETAIL STORE OR PRO-
JO:tN M., GRAY, SR. FESSIONAL OFFICE BUILDING.
ARTHUR L. LAKECOUE
DONALD COLEMAN This is an appeal brought by the Petitioner, Colonial Real Estate Trust
WARREN OAUGHN
EMERY P. TANCH in the name of John F. Burke, Trustee, appealing the Building Inspector's
refusal to issue a permit for the alterations necessary for the use of the
premises at #199 Jefferson Avenue as a retail store or a professional office
building.
Hearing on this petition was held on December 9, 1974, pursuant to
notices mailed postpaid to the Petitioner, Board Members, Abutters, Abutters
i"
to Abutters and others, and notice was duly published in the Salem Evening
News advising of this Public Hearing.
. Appearing on behalf of the Petitioner was Attorney Timothy Davern who
introduced the following evidence at the hearing:
The building located in an R-3 residential district is presently
operating under a Special Permit issued by the Board of Appeals on June 28,
1968, which permits use of same as a submarine sandtricb shop, but no special
permit has yet been issued for use of premises as a retail store or professional
office building and such a permit is required since premises are located in .
.: .
an R-3 district.
Prior to the adoption of the Zoning Ordinance in 1965, this area had been
zoned for business purposes, they are presently usable under the Special Permit
mentioned above as a submarine sandwich shop, and granting the paimit now
sought to allow the use of the premises as a retail store or professional
office building would cause no detriment to the public good and would not
substantially derogate from the intent and purpose of the Zoning Ordinance.
No one appeared in opposition.
The Board, being familiar with the location in question and after dis-
cussion, found that it could grant a variance to conduct various alterations
Tater of �akm'
WILLIAM F. ABBOTr DECISION - PAGE TWO - ' COLONIAL REAL ESTATE TRUST
JOSEPH F. DOME
JOHN M. GRAY, sR, necessary for the use of the premises as a retail store or office building
ARTHUR E. LABRECOUE -
DONALDKOLFMAN and allow the interior to be redecorated and the addition of a new bathroom,
WARREN BAUGHN
EMERY P. TANCH without substantially derogating from the meaning and intent of the Zoning
By-Law and without creating substantial detriment to the neighborhood in
question.
The Board, after reviewing the evidence, finds that there is substantial
hardship which runs with the land and, therefore, votes unanimously to
grant the variance as sought.
GRANTED
^` U
SALEM BOARD OF APPEALS
C3
w !_'C4
w QUj
Cc (Acting ) Secreta y ---��
�i yN
� U
,
j HEARING - June 30, 1975 ^ '
� /CII=JIT V
RECEIVEO `utu of �$afenz,
� Auc ['� ti 42 AN '1S Poarb of Appeal
PETM&•�,C,Lb,Gtyi"Mt� RABY REALTY TRUST TO ENLARGE AN EXISTING THREE FAMILY
AO
WILLIAM E. ABBOTT HOUSE L�K^ I IRSON AVENUE BY THE ADDITION OF AN ADDITIONAL APARTMENT,
JOSEPH F. DOYLE
JOHN M. GRAY, SR.
ARTHUR E. LABRECOUE
Jane T. Lundergan
Donald E. Eames
EMERY P. TANCH - - -
Decision on Petition of Antoinette Raby Realty Trust for a Special Permit
to enlarge an existing three family house at 284 Jefferson Avenue by the addition
of another apartment
Hearing on this petition was held on June 30, 1975 pursuant to notices
mailed postpaid to the Petitioner, Board Members, Abutters, Abutters to Abutters
and others, and notice was duly published in the Salem evening News advising of
this Public Hearing,
• Chairman John M Gray, Sr, opened the meeting with members Jane T. Lundregan,
William Abbott and Donald Eames present.
Bertrand Raby, Trustee of said trust, represented the Petitioner Mr. Raby,
requested the variance in order to provide an additional apartment on the first
floor. The variance was requested to increase the income of the trust, which is
for the education of the settler's grandchildren.
Councillor Ingemi appeared in favor. Mrs. Lundregan asked how much additional
income they hoped to receive from the additional apartment. Mr. Raby estimated
$70.00 or $80:00 per month. There was no opposition., Hearing closed, Mr. Eames
and Mrs. Lundregan voted to deny. Petition denied.
The Petitioner failed to produce any evidence of hardship in connection with
the land. The Board found that the granting of said variance would not be in
harmony with the intent of the Zoning Ordinance and therefore the Petition was
denied. 4 SALEM BOARD OF APPEALS °
DENIED - - -QIi
�ecretary
Hearing - August 25, 1975
RECEIVEDs ':> bT{ 211P11T9 �T:,�= ;Pa1L3£�PB
Um 1G AV, 175
varb of Appeal
CITY GLr HWt , urFICE
SALEM, MASS.
Jane T. Lundregan Morgan Memorial Goodwill Industries , Inc .
Donald E. Eames Variances and Special permits in regard to sidelines ,
use requirements , and number of. employees. Property
located at Lots 650-651 Jefferson Avenue .
DISPOSITION OF PETITION OF MORGAN MEMORIAL INC.-
The Board of Appeals declined to hear the Petition of
Morgan Memorial Goodwill , Inc . for variances and special permits
for the property located at Lots 650-651. The Board did so after
voting on the question of whether the new petition was sufficiently
changed or different from the previous petition which had received
a negative vote at the prior meeting on June 30, 1975• Therefore
the petition was not allowed because it did not receive the necessary
four votes.
•
SALEM BOARD OF APPEALS
ecretary
Hearing - August 25, 1975
\i _ _._RECEIVED g{ of ��tlrm'
UCr 3 9 05 AH '75 Puttr3 of �Apeal
WILLIA � K -Lafayette, Inc, for a variance from the parking provisions
irSFIH F.r. 0Oar,E o tion -C for commercial purposes and a variance from density
1CHNregulations of Section VI B to allow a subdivision of two lots. B-4 District
PFTF IP E L,BRECOUF
Jane T. Lundregan .
Donald E. Eames
Hearing on this petition was held on August 25, 1975 pursuant to
notices mailed postpaid to the Petitioner, Board Members, Abutters, Abutters
to Abutters and others, and notice was duly published in the Salem Evening
News advising of this Public Hearing.
Chairman John M. Gray, Sr. , opened the meeting with menbers Jane T.
Lundregan, Arthur Labrecque, William Abbott and Associate Member Donald
Eames present.
Petition of 76 Lafayette, Inc. for the property located at 76 Lafayette
Street, to allow the present four story portion of the building to be used
for commercial purposes, including retail stores on the 1st floor, and
offices on the 2nd and 3rd floors and a restaurant on the 4th floor, without
parking for automobiles, and to allow the subdivision of the premises into
two lots by tearing down the one story structure on one lot to accommodate
a drive-in bank. Atty. Arthur W. Hughes, III, 73 Tremont Street, Boston
represented the owner Mr. Wilfred R. Shrigley, III. He stated that a
' variance was granted 1z years ago because of the parking requirements. Since
then the corporation has been trying to sell the various units, and have
been unable to. They now wish to sell off a separate portion for a drive-in
bank. The new owners of that portion plan to tear down the present building
and rebuild in conformity with the Zoning Ordinance but this will eliminate
the 20 parking places provided in the original variance. He pointed out
that there are several parking areas close by. The building was vacant
for 3 years before his client purchased it and at the time of purchase his
client paid the City $50,000.00 in back taxes and water liens. B-4 and B-5
Districts do not require parking. He stated that this building has been
vacant since 1971, and because of its size and location, should be considered
a hardship.. There was no opposition. Hearing closed. Mrs. Lundregan
questioned Atty. Hughes as to whether the petitioner had gone to the Planning
Board for a sub-division. The petitioner will if variance is granted.
Mr. Eames moved the petition be granted. Mrs. Lundregan seconded subject to
the condition that the proposed drive-in bank is not being approved as part
of this petition, but must make separate application for any variances
they might need. Granted with conditions, by unanimous vote.
The Board voted to grant the variance from the parking regulations.
The Board felt that hardship was shown by the fact that the building has not
been able to be used effectively for a period of time. The nearness of the
building to the Urban Renewal-Central Business District, where there are no
parking requirements, was also noted. The Board felt that parking could
iadequately be provided through the proximity of Riley Plaza. Therefore the
Board voted to grant the variance.
The Board also voted to allow the variances necessary for the proposed
f. y •
An
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cCloRECEIVED 5i� lttSZ
� �7�tzs`!e`s�2C22$PS
UC1 3 oy Pourb of '�Fpral
CITY CLL1,N%> UFFI.CE
WILLIAM F. ABBOTT AS` •DECISION - 76 LAFAYETTE, INC.
105FPH F. DOYLE
JZ,11! A•, GRAY, SR.
AFIHUR L LASUCCUE -
Jane T: Lundregan
Donald E. Eames
subdivision. The Board noted that Petitioner needs to go before the
Planning Board also. The petition is granted, but the Board, in
allowing it, is not in any way approving the allowance of the drive-
in-bank. Said bank would have to appear before the Board itself for
any necessary variances and or special permits.
SALEM BOARD OF APPEALS
(Secretary
•
Hearing - February 24, 1975
14rD '�.YSb of uhnil, p".ti 863z37J6.3Y�.L14•.T��bRI,>' '
RE:.Etl D
7 J�a MAY i., i 5B Of 1�� nnrb of '�ky1PaY
1MTY ONN!N0� ITION OF SPARTA REALTY, INC. TO CONVERT AN APARTMENT
WILUAM F. ABBOTT ATl STREET TO A REAL ESTATE OFFICE.
JOSEPH F. UOYLE -
JOHN M. GRAY, SR.
AWHUR E. LABRECOUE This is a direct appeal filed by Sparta Realty, Inc. , Steve
DONALD KOLEMAN '
WARREN BAHGHN Polemenakos, owner. The Petitioner, located at #241 Lafayette St. , Salem,
EMERY P. TANCH
MA. -, wishes to convert an apartment for a real estate office. The area
is a residential three-family district.
Hearing on this matter was held on February 24, 1975, 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 this meeting with Board Members
* Arthur Labrecque, William Abbott and Associate Member Donald Eames present. .
The Petitioner, Stephen Polemenakosa represented himself and presented
the following evidence:
This application is submitted to obtain a variance from the Zoning
Ordinance which would allow the premises to be utilized for a real estate
office. Such a use would not derogate from the intent and purpose of the
Ordinances, but would serve to preserve the neighborhood. The Board
received a copy of the deed into evidence which showed that Sparta Realty,
Inc. had owned the building since December 17, 1970. A plot plan was also
submitted and dated February 7, 1975, drawn by Essex Survey Service, Inc. ,
Salem. The Board, being familiar with the location in question and after
reviewing the evidence submitted, voted unanimously to grant the variance:;
The Board found that it could grant the variance without substantial detri-
ment to the neighborhood and without substantial derogation from the
meaning and intent of the 'Zoning By-Law..
GRANTED SALEM BOARD OF /APPEALS
(Acting) Secretary u
OMIT Hearing - June 30, 1975
e�
, RECEIVED
PH
Auc Z i i 4� ' nttrb oflppettl
PETITION OF L G LLS DEVELOPER TRUST RE. CONSTRUCTION OF A 250 UNIT
BUtthVINGcT'.NWNuAF1*RION MANOR OFF LORING AVENUE,
WILLIAM. F. ABBOTT SALEM. MASS.
JOSEPH F. DOYLE
JOHN M. GRAY, SR
ARTHUR E LASRECOUE
Jane T. Lundregan
Donald E. Eames
EMERY P TANCH Decision on appeal by Loring Hills Developer Trust from the decision of the
Building Inspector refusing the issuance of a building permit for the construction of
a 250 unit building including therapy facilities and a swimming pool, said development
known as Marion Manor and located off Loring Avenue. (R-3 Residential Multi-family).
Chairman John M. Gray, Sr, opened the meeting with members Jane T. Lundregan,
William Abbott, and Donald Eames present, Hearing\on this petition was held on
June 30, 1975 pursuant to notices mailed postpaid to the Petitioner, Board Members,
Abutters, Abutters to Abutters and others, and notice was duly published in the
Salem Evening News advising of this Public Hearing.
Attorney Michael Kelly represented the Petitioner. The Petitioner appealed the
decision of the Building Inspector who refused to issue a building permit because
the proposed building did not comply with:
1. The height and density regulations applicable to the project. In an R-3
Zone the maximum' height of buildings is presently 50 feet and the present maximum
number of stories is four. Prier to the Zoning change of July 1974, the maximum height
was 200 feet and the maximum number of stories was twenty.
2. Article 7 of the Building Code.
3. No sewer permit.
Petitioner stated in his application that the actions of the Building Inspector
in refusing the building permit for the project was incorrest as a matter of law for
.reasons number 1 and 3. Petitioner further stated that the plans for the building
now comply with Article 7 of the Code. The Petitioner presented a brief to support
its contention that the changes in the Zoning Ordinance of Salem, relative to height
and density does not affect the project known as Marion Manor.
gCOSv)T�
l "Y HQ's . Vii# ofIEmu>r[,usP##s
�•Q� RECEIVE` L `!
AUG ZS 1143 AM 175 Paurb of ' FFyral
CITY OL'ciws OFFICE
WILLIAM F. ABBOTT DECISION SAUMAf SUOR - PAGE TWO ,
JOSEPH F. DOYLE -
JOHN M. GRAY, BR.
ARTHUR E. LABRECOUE -
Jane T. Lundergan
Donald E.' Eames
EMERY P. TANCH
The following evidence was orally presented at the hearing. Attorney Kelly
stated that an application for a building permit was filed with the Building Inspector
in May, 1974. The Zoning Ordinance was amended as regards height and density in
July 1974. Attorney Kelly contended that the Building Inspector had 30 days to
make a decision regarding said permit in accordance with the new Building Code,
and that he failed to do so. He further contended that the Zoning Amendment of
July, 1974 was incorrectly passed, because such passage did not occur within 90
• days of the public hearing. Atty. Kelly argued that the preliminary sub-division
plan filed with the Planning Board in 1970 protected said land from any Zoning
Changes for 7 years. A perimeter plan was filed in October 1973 and Attorney Kelly
argued that this protects the land for one year.
Councillor Boulay appeared in opposition. He stated that the major objection .is ,.
the fact that there is no sewerage permit. He stated that the Council believes that
they acted in sufficient time on the Zoning change. He stated that they were rejected
for the sub-division plan by the Planning Board. Also appearing in opposition was
Robert Blenkhorn of the Salem Board of Health on the grounds of inadequate sewerage.
Mrs. Roland Dion, abuttor was opposed: 1. Because of the low water pressure in the
area at this time; 2. Traffic; 3. The need for open land for the children of Salem.
Ruth Rubenstein appeared in opposition and stated that even though they have been denied
by the Planning Board, they are already placing ads in the local newspapers advertising
• for tenants. Mr. Frank Rubersytein stated that these petitioners tied in their Loring
Towers project without the benefit of sewer permits. Stanley McDermett of the Salem
Planning Board appeared in opposition and stated that this company only filed a Form A
for condominiums, that the 1st and 2nd preliminary plans were disapproved and that the
af�VCO/ONLII1 '
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RECEIVED
z
A
AUG 25 11 43 AH '75 nttr� Uf ett1
ECISION - MARION MANOR PAGE THREE -'
WILLIAM E. ABBOTT CITY CLLMt 'S OFFICE
JOSEPH F. DOYLE SALEM,MASS. -
JOHN M. GRAY, SR. - -
ARTHUR E. LABRECOUE
Jane T. Lundergan
Donald E. Eames
EMERY P. TANCH
developers said they had no definitative plan for the site in April, 1975. Mr.
Blenkhorn further stated that priority should be given to the new Salem Long Term
Care Facility. Mr. Kelly, in favor, stated that the question is just a matter of
law, the Building Inspector. should have issued the permit. Water Pollution is a
r State permit and not in the jurisdiction of the Appeal Board.
Councillor Boulay, in opposition stated that the Board should endorse the
decision of the Building Inspector. Hearing closed.
The Board voted unanimously to deny Petitioner' s appeal and to uphold the
decision of the Building Inspector demying the issuance of the building permit.
The Petitioner did not request a variance from the density requirements applicable
to the Marion Manor project and did not submit any evidence of hardship to support .
such a request;
The Petitioner, instead asked the Board to decide the legal issue of whether
or not the Zoning amendments passed by the Salem City Council in July of 1974 apply to
the Marion Manor Project. The issue .involves several questions of fact and law
including the validity of the amendments themselves. The Board felt that it was
beyond their powers to decide such legal issues and such questions of fact. Therefore,
since the validity of said zoning amendments has not been denied .by any authority the
Board voted to uphold the Building Inspector's denial of said permit on the basis of
• said density requirements. The Board feels that it is not the correct forum to decide
the other issues presented by the Petitioner regarding the delay in the Building
Inspector's handling of said permit and the failure of the Petitioner to receive a
sewer permit from the state.
SALEM BOARD OF APPEALS
Hearing - November 18, 1975
(� �{q
•A� per. Ott LIf c` leM, :"'�i�S 2XC InP RECEIVED
�utt�PttI DEC 15 ; 04 P11 775
�ct �cr
CITY i tc;;F;'$ OFFICE
WSALEM, MASS,
WILLIAM F. ABBOTT DECISION ON THE PETITION OF ROB-ROD REALTY TRUST FOR A VARIANCE ON
JOSEPH F. DOYLE PROPERTY LOCATED AT 24 LYNDE STREET IN SALEM.
JOHN M.GRAY.SR. - -
ARTHUR L LABRECQUE
JANE T. LUNDREGAN - -
DONALD E EAMES -
EMERY P. TANCH -
Hearing on this petition was held on November 18, 1975 pursuant to notices
mailed postpaid to the petitioner, Board members, abutters, abutters to abutters .
ands others, and notice was duly published in the Salem Evening News advising of
the Public Hearing.
Chairman John M. Gray, Sr. , opened the meeting with members Jane T.
Lundregan, William Abbott, Donald Eames, and Arthur LaBrecque present.
The petitioners wish to convert an existing 21 room house located at
24 Lynde Street to a seven unit apartment house. They require a variance from
the required 11 parking spaces, as they can only1,rovide 6. Atty. Timothy O'Keefe,
representing the petitioners, stated that the building has been boarded up, and
subject to vandalism, and the proposed use would not derogate from the intent
• oaf oning ordinance but would in fact be an improvement. Mr. Robert Roy
/ and Mr. Rod appeared in favor. There was no opposition.
• Hearing closed.
The Board voted unanimously to grant the variance as requested by the
petitioner. In making its decision the Board took note of the fact that there
was public parking available directly across the street from the land in question,
The Board felt that it could grant the relief requested without detriment to
the public good or substantially derogating from the intent of the Zoning
Ordinance, and that the literal enforcement of the provisions of the Zoning By-Laws
would cause substantial hardship to the petitioners.
GRANTED
CITYn/ OF SALEM-BOARD OF APPEAL
BY:
Secretary
•
i •
November 18 , 1975
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(' EpDEC
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Crrr c<<, s uH jf
WILLIAM F. ABBOTT S'�LEM,N.4SSfICE
JOSEPH F. DOYLE
JOHN M.GRAY.SR.
ARTHUR E. LABRECQUE
JANE T. LUNDREGAN Corrected Decision
DONALD E. EAMES
EMERY P.TANCH DECISION ON THE PETITION OF ROB-ROD REALTY TRUST FOR A
VARIANCE ON PROPERTY LOCATED AT 24 LYNDE STREET IN SALEM.
Hearing on this petition was held on November 18, 1975 pursuant
to notices mailed postpaid to the petitioner, Board members, abutters ,
abutters to abutters and others , and notice was duly published in
the Salem Evening News advising of the Public Hearing.
Chairman John M. Gray, Sr. , opened the meeting with members
Jane T. Lundregan, William Abbott, Donald Eames , and Arthur LaBrecque
present.
The petitioners wish to convert an existing 21 room house located
at 24 Lynde Street to a seven unit apartment house. They require
a variance from the required 11 parking spaces , as they can only
• provide 6. Atty. Timothy O'Keefe, representing the petitioners ,
stated that the building has been boarded up, and
subject to vandalism, and the proposed use would not derogate from
the intent of the Zoning ordinance but would in fact be an improvement.
Mr. Robert Roy and Mr. Rod Maurice appeared in favor. There was
no opposition. Hearing closed.
The Board voted unanimously to grant the variance as requested
by the petitioner. In making its decision the Board took note
of the fact that there was public parking available directly across
the street from the land in question. The Board felt that it
could grant the relief requested without detriment to the public
good or substantially derogating from the intent of the Zoning
Ordinance , and that the literal enforcement of the provisiions of
the Zoning By-Laws would cause substantial hardship to the petitioners .
GRANTED
CITY OF SALEM - BOARD OF APPEAL
BY: 1,(7
Secretary
Hearing - November 18, 1975
`3/ 7176
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OtU of gal m, � assU> IpzSsttSRFC`!VED
J�� ' ' r n�r� of � setts DEC i ti I 04 PH 175
u,-�
CITY CLEidt '6 UFFICE
SALEM.MASS.
WILLIAM F. ABBOTT
JOSEPH F. DOYLE
JOHN M.GRAY,SR.
ARTHUR E. LABRECQUE
JANE T. LUNDREGAN DECISION ON THE PETITION OF JOSEPH A. FURNARI TO ALTER A GRADE LEVEL
DONALD E FAMES BASEMENT TO PROVIDE FOR A LAW OFFICE .AT 127 MARLBOROUGH ROAD (R-1 DISTRICT)
EMERY P. TANCH
Hearing on this petition was held on November 18, 1975 pursuant to notices
mailed postpaid to the petitioner, Board members, abutters, abutters to abutters
and others, and notice was duly published in the Salem Evening News advising of
the Public Hearing.
Chairman John M. Gray, Sr., opened the meeting with members Jane T. Lundregan,
William Abbott, Donald Eames and Arthur LaBrecque present.
The petitioner appeared before the Board to request a Special Permit under
Section 5B-1, which allows the granting of a Special Permit for a professional
office in a home in a R-1 District. Judge and Mrs. Furnari appeared in favor.
There was no opposition. Hearing closed.
The Board voted unanimously to grant said request.. Professional offices are
• a permitted use in an R-1 District with the granting of a Special Permit. The
Board finds that such a use will not depart from the intent of the Salem Zoning
Ordinance.
GRANTED
SALEM BOARD OFAPPEAL
BY: �—
ecretary
Hearing - November 18, 1975
yy �iY� 1 TI{ TCPI3t� � TSLt> rktLlnP RECEIVED
x r
�` u�rD of Appeal DEC
P I?
I 05 PH '75
\. CITY CL nn'S OFFICE
WILLIAM F. ABBOTT &ALEH? MASS,
JOSEPH F. DOYLE DECISION ON PETITION OF DESIGN ENGINEERING & METAL FABRICATORS, INC.
JOHN M.GRAY.
ARTHUR E. LASRECREC QUE TO CONVERT A TWO-FAMILY HOUSE AT 101z MASON STREET TO OFFICES, (R-2 DISTRICT)
JANE T. LUNDREGAN -
DONALD E. EAMES
EMERY P. TANCH
- < I
Hearing on this petition was held on November 18, 1975 pursuant to notices
mailed postpaid to the petitioner, Board members, abutters, abutters to
abutters, and others and notice was duly published in the Salem News advising
of this Public Hearing. j
Chairman John M. Cray, Sr., opened the meeting with members Jane T. Lundregan,
William Abbott, Donald Eames and Arthur LaBrecque present.
Edward Skane of Design Engineering appeared in favor. He stated that
five employees would occupy the building for accounting and engineering purposes.
They have permission from Dave Murphy's Service Station on North Street for
additional parking. Arthur Moreau, 35 Mason Street appeared in opposition.
Councillor McCabe was recorded in opposition to the extension of this business
into a residential district. Hearing closed.
The Board voted to deny this petition. The Board felt that the evidence
presented did not support a finding of hardship affecting the land in question.
The Board also found that the relief could not be granted without substantial
detriment to the surrounding neighborhood and that the granting of said variance
would substantially derogate from the intent of the Zoning By-laws.
DENIED
SALEM BOARD OF APPEAL
BY:
ane T. Lundregan, Secrr'tary
Hearing - August 25 , 1975
• .71 u of Salem, m!=, d 11tat#s�
RECEIVED`
su�rD of e:IxPOMI
un J. j oy AN 75
CITY GLtrWS UrFICE
SALEM. MASS.
Petition of Merit Oil Company for a variance from
the required 40 foot set back required for Auto-
Jane T. Lundregan mobile Service Stations (Sec .7, ' Par. B) for station
Donald E. Eames at 90 North Street (B-1)
Hearing on this petition was held on August 25 , 1975 pursuant
to notices mailed postpaid to the Petitioner, Board Member, Abutters ,
Abutter to Abutters and others , and notice was duly published in
the Salem Evening News advising of the Public H9aring.
Chairman John M. Gray, Sr. , opened the meeting with members
Jane T. Lundregan, Arthur Labrecque , William Abbott and Associate
Member Donald Eames , present .
Mr. Howard Reynolds appeared for Merit Oil Co . , explained
that his company wishes to change the station to self-service and
the required 40 foot set back would necessitate demolishing the
existing building. Mr. Abbott asked if there were any other
self-service stations in Salem. Mr. Reynolds said there was one
on New Derby St . operated by Gibbs .Oil Co . There was no opposition.
Hearing Closed. Mr. Eames moved the petition be granted. Mr.
LaBrecque seconded. Variance granted by a unanimous vote.
The Board voted to grant the variance on the that a hardship
existed because of size of the lot and in light of the fact
that it has been the locus of a gas station for a sufficient
period. The lot depth is 100 feet and a forty foot set back
would necessitate the demolition of the present building to the
financial detriment of the owner. The change over to a self
service station is merited by the increased costiless of operating
the station and would be beneficial to the community by providing
lower prices for gasoline .
GRANTED
SALEM BOARD OF APPEALS
' • � // ��� //tel.'/ �h
'Secretary ,
j
pd Hearing - January 20, 1975
Chit of �ttlem, MAR P
Paurb of 'ppeal 10 � Pti 'j
CITYddCLxx�igiM'5
OFFICE
PETITION OF ERNEST R. LITTLE TO REDUCE AN UNDE24VZ 44ST AT
waEF, ABBOTT 157 NORTH STREET.
_ JOSEPHPH F. DOYLE
JOHN M. GRAY, M
ARTHUR E. LABRECOUE
DONALD KOLEMAN
WARREN BAUGHN This is a direct appeal by the Petitioner, Ernest R. Little,
EMERY P. TANCH
to reduce an undersized lot containing 5,844 square feet to a
lot of 3,151 square feet with a frontage of 32 feet. The area
in question is in an R-2 residential district located at the
rear of North Street in Salem.
Hearing was held on this appeal on January 20, 1975, pursuant
to notices mailed post-paid to the Petitioner, Board Members,
abutters and abutters to abutters and others, and advertisements
duly published in the Salem Evening News advising of this public
hearing. Present were" Mr. John M. Gray, Sr. , Chairman; Board
Members : William Abbott, Donald Koleman, Donald Eames, and
. Arthur LaBrecque.
The Petitioner appeared pro se and introduced the following
evidence :
A plan was submitted by the Petitioner of land located on
North Street, Salem, drawn by Frank C. Hancock, Registered Land
Surveyor, dated November 26, 1973 and revised November 29, 1973
by Essex Survey Service, Inc. , which was stamped by the Planning
Board "Approval under the subdivision control law not required
under Chapter 41 , G.L. , Section 81P, Salem Planning Board",
signed by Abby L. Burns , Michael G. Freeman, Tadius T. Sadoski,
Paul J. D'Amour and Gerald T. McCarthy, dated November 21, 1974,
subject to Board of Appeals approval, Note: Lot B to be conveyed
to Charles J. McArdle and combined with abutting land of McArdle
to form one lot. "
The Petitioner wishes to sell a portion of Lot A with the
rear of his dwelling to his next door neighbor for parking, which
would reduce his present undersized lot to 3,151 square feet.
No one appeared in opposition.
The Board, after discussion and review of tBe 'plan submitted,
r
1' �4 roto�LJLE
Qlzty of `'aIPm, ossar4usetts
Foarb of '�Appral
WILLIAM E. ABBOTT DECISION - ERNEST R. LITTLE, 1$7 NORTH STREET
JOSEPH F. DOYLE PAGE 2
JOHN M. GRAY, SR.
ARTHUR E. LABRECOUE
DONALD KOLEMAN and being familiar with the area in question, found that a
WARREN BAUGHN variance could be granted in this matter without substantial
EMERY P. TANCH
detriment to the public good and without substantially deroga-
ting from the meaning and intent of the Zoning By-Laws. The
Board additionally finds, after reviewing the evidence, that
there is substantial hardship involved and that the lot may
not be used for any other purposes due to its size, . area and
location.
It was voted unanimously to grant the variance.
GRANTED
• SALEM BOARD OF APPEALS
f JZG7i'+�
Acting Secretary
i
Hearing - December 9, 1975
1.covr�,
CtU III APM, aB.SaCIPASP� e IVF D
G. Puttrb of NOV I1 n15
351
CliY i:Ltnt�'S �FfICE
ULE14, l4AS$•
WILLIAM F. ABBOTT PETITION OF WALTER D. JAWORSKI TO CONVERT THE THIRD FLOOR TO AN
JOSEPH F. DOYLE ADDITIONAL APARTMENT AT 15 OAKLAND STREET (R-2 DISTRICT)
JOHN M.GRAY.SR.
ARTHUR E. LABRECQUE
JANE T. LUNDREGAN
DONALD E. EAMES Hearing on this matter was held on December 9, 1974, pursuant to notices
EMERY P. TANCF{nailed 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. x
The Petitioner resides at 15 Oakland Street, Salem, a two family residential
Zoning District. This matter comes before the Board as an appeal from the
decision of the Building Inspector who refused to issue a permit to alter the
interior to provide for a third floor apartment. The Building Inspector, in
originally refusing to issue the building permit, cited the Zoning District
as an R-1 for this particular locus.
The meeting was called to order. Present were Chairman John M. Gray, Sr. ,
and members William Abbott, Arthur LaBrecque, Atty. Donald Koleman and
Donald Eames.
The Petitioner appeared in his own behalf and presented the following
• evidence;
The home was purchased two years ago as a two-family home under the GI Bill
and consisted of a two family building. There are five (5) completed rooms
on the third floor which the Petitioner installed, along with utilities.
There would be no exterior changes to the building, except for the addition of an
exterior stairway on the rear if required by the Building Code. There are no
necessary additional parking spaces.
The lot in question fails to meet the density requirements of an R-2 residential
District, containing only 6913 square feet, where the By-Law requires 7,000 square
feet in the case of an R-2 Zoning District. The addition of a third floor
apartment would be a further expansion of a non-conforming use.
The Petitioner stated that there are numerous other three-family homes in the
immediate vicinity and that the failure to use an otherwise inhabitable third
floor places a financial hardship upon him and his family.
The Board, after reviewing the floor plans of the building and the proposed
third floor apartment, as well as a plot plan for the locus in question,
and further after extensive discussion, voted UNANIMOUSLY to grant a variance
to allow the Petitioner to convert the third floor into an apartment with the
addition of a kitchen and bathroom, SUBJECT, however, to the following conditions:
1. The Petitioner's Building plans for the conversion of the third floor into
• an apartment must be approved by the Building Inspector.
2. A second menas of egress must be constructed in accordance with existing
building codes now in force.
CITY OF SALEM - BOARD OF APPEALS
r�•-.-,, iii'- �•J.»'; ,->: ezr _
r-- F
Hearing - May 27, 1975 JUN �6 15 PH 115
.. r, U. CITY CLEFiX'S OFF
ICE
��>l 09ti >z o;�rtlem, C?r6ri` :2 ' �1�sEi` SALEM, MASS.
1
\ T /j :���rD
„mFT• �G,h PETITION OF RICHARD W. MASSE ET UX TO CONSTRUCT FAMILY
WILLIAM F. ABBOTT DWELLING AT 3 ORD STREET COURT
JOSEPH F. DOYLE
JOHN M. GRAY, SR. Petition of Richard W. Masse et ux to construct a Single Family
ARTHUR E. LABRECOUE
Jane T. Lundregan dwelling at 3 Ord Street Court located in an R-2 Zone and lacking
Donald E. Eames � g
EMERY P. TANCH I
sufficient square footage.
The Building Inspector refused to issue a permit to erect a
single family dwelling at 3 Ord Street Court as the plot plan sub-
mitted shows that the parcel contains -6,570 square feet of land which
is 430 square feet less than the 7,000 square feet required for the-
—minimum_Io.t_area-in_.an..R-.2 Zone. .
The Petitioner_apealed_for_: a_variance„to-allow-construction
of--.a-.single-family home. .
• • Hearing on this petition was held on May 21, 1975 pursuant to
notices mailed postpaid to the Petitioner, Board Members, Abutters,
Abutters-to abutters and others, and notice was duly published in
the Salem-Evening News advising--of thisPublicHearing;_ .
ChairmanJohn M. Gray, .Sr. _opened=the-meeting-with-members;
Jane T. Lundregan, Arthur Labrecque, William Abbott and Associate
- - Member Donald Eames, present.
Attorney George Vallis appeared for the Petitioner. The Petitioners
are the owners of a parcel of land containing 6,570 -square feet of
land having purchased the land on December 3, 1970, by deed recorded
with Essex South District Registry of Deeds, Book 5733, Page 114. A
plan submitted with the petition-shows-the parcel containing 430 less
square footage than required for a single family dwelling. The lot
conforms witt all other density requirements.
The Petitioners submit a hardship exists in that they are required
to pay real estate taxes on and which cannot be developed without the
of
Pourb ]of
WILLIAM F. ABBOTT PAGE TWO DECISION RICHARD W. MASSE 3 ORD ST. COURT
JOSEPH F. DOYIE
JOHN M. GRAY, SR. granting of a variance. It was pointed out that said parcel
ARTH u R E. LABRECOUE
Jane T. Lundregan contained more square footage than all the immediate surrounding
Donald E. Eames
EMERY P. TANCH parcels. It was further submitted that in granting the variance
no diminution in value of the surrounding properties would result.
Atty. Vallis further stated that in January a variance was
granted to Mr. & Mrs. Masse for the construction of a two family
house-on�this-lot, but---that, the-alititters-have. filed- an-appeal in
Sup'erior Court-.-- The petitioners .have..met�-with-the--abutters
and-have.--come-Tto--an--agreement whereby-=i-f-=the-petitioner-constructs
a one: family house. the-�abutters.-have.-agreed:.-to wrth-ft-aw-their
objections, and the court case will not be pursued. No one appeared
in opposition. Mrs� Lundregan stated she wished to abstain from voting
as-her husband was the-attorney-1or the- abutters—
The Petitionersi th-i�ough-- their-attorney-,- presented -a pldt plan
on the-locus in question ,which-showed--the zoning .line running through
the parcel. Atty. Vallis ppinted out that the Zoning Ordinance in
Section VII (1) provides that "where a district boundary line -divides
a lot of record .at the time such line is adopted, the regulations
for the less restricted portion of such lot shall extend not moi7e
than 30 feet into the more restricted portion, provided that the lot
has frontage on a street in the less restricted district. " The parcel
has adequate frontage on the street located in theless restricted
R-2 portion by 30 feet into the more restricted B-Z portion there is
adequate space to locate the proposed single family house.
Mr. Abbott moved to grant the variance. Mr. Gray seconded.
Variance granted subject to condition that the variance granted for
/ Y i
of ��Fppal
WILLIAM F. ABBOTT PAGE THREE - DECISION - RICHARD W. MASSE - 3 ORD ST, COURT
JOSEPH F. DOYLE
JOHN M. GRAY, SR. a two-family house will be withdrawn if this variance is not
ARTHUR E. LABRECOUE
Jane T. Lundregan appealed within the 21 day period before construction can
Donald E. Eames
EMERY P. TANCH commence, all members voting to grant except Mrs. Lundregan who
abstained.
The Board found that relief could be granted without substantial
detriment to the public good or substantial derogation from the
intent=of the District or the provisionsofthe City Zoning
Ordinance.-,--that� li.teral-enforcement-of=_the--pro-visions-of_the_--
- zoning-By-Laws-would cause-substantial-hardship-to---the-Petitioners --
and.=-that:-special=-conditions:-with�xespect-to-a iot==size-thereon==exist . --
• • which are not generally affecting other lots and structures in the
i
District.
GRANTED
SALEM BOARD OF APPEALS
/Secretary O K
v
Y
M •
Hear ng - October 21, 1975
t. IX
Poarb rf Appral Noy 1 1) 01 Ali '75
��G m4Tx4'�
DECISION ON THE PETITION OF THOMAS F. BLACKLER T61Ts &ICE
WILLIAM F. ABBOTT OPERATE A GARAGE AT 3 PACIFIC STREET (ZONED - R-2) 'ASS' A TOMOBILE
JOSEPH F. DOYLE BODY SHOP.
JOHN M. GRAY.SR.
ARTHUR E. LABRECQUIE
JANE T. LUNDREGAN
DONALD E. EAMES -
EMERY P. TANCH
Hearing on this petition was held on October 21, 1975 pursuant to notices
mailed postpaid to the Petitioner, Board members, abutters, abutters to
abutters, and others, and notice was duly published in the Salem Evening News
advising of this Public Hearing,
Chairman John M. Gray, Sr, opened the meeting with members Jane T. Lundregan,
William Abbott, and Associate member Donald Eames present.
Atty. John Whipple, 81 Washington Street, Salem represented the petitioner.
He stated that his client is applying for a Special Permit under Section 5-C-10
of the Zoning Ordinance which covers the extension, or change of a non-conforming
use. The garage would be used for an auto body shop and repair work, not as
a service station which is specifically excluded,
Councillor Boulay appeared and spoke in opposition. Eight neighbors also
appeared in opposition. All felt that the proposed activity would be detrimental
to this residential neighborhood,
The Board voted unanimously to deny the petition. The Board felt to change .
from one non-conforming use to another could not be granted without substantial
detriment to the surrounding neighborhood because such change would result in
an increased use of said building, and one not in harmony with the Salem Zoning
Ordinance.
DENIED
CITY OF SALEM - BOARD OF APPEALS
e retary
•
Hearing - June 30, 1975
/1caurtL .
r t#v of Salrra, tt���rllaz�>r##s
ho` RECEIVED ' .
h
Rr. �u �� Pearb of ArTpral
T y Axv9ION lad'AM ON OF WILL -AM C. CODY- TO' ADD A FOURTH APARTMENT AT
34 PLEASANT S:rff m - ZONED R-2.
WILLIAM F. ABBOTT CITYSALEM.�NAS8. G
JOSEPH F. DOYLE -
JOHN M. GRAY, SR. -
ARTHUR E. LABRECOUE -
Jane T. Lundergan
Donald E.. Eames
EMERY P. TANCH
Hearing on this petition was held on June 30, 1975 pursuant to notices
mailed postpaid to the Petitioner, Board Members, Abutters, Abutters to Abutters
and others, and notice was duly published in the Salem Evening News advising
of this Public Hearing.
Chairman John M. Gray, Sr, opened the meeting with members Jane T. Lundregan,
C William Abbott and Donald Eames present.
i
Mr. William Cody, owner appeared in favor, Mr. Cody stated that when he
• purchased the house in February of 1975 there were four apartments in the
building but only three electric meters. When he attempted to have a fourth
meter installed, he found that the house was legally a three family house. He
further stated that no interior or exterior changes will be made. Mrs. Lundregan
asked if he lived in the house. Mr. Cody stated that he lived in Beverly. Mrs,,
i
Gastonguay and Mr. O'Connor, 4`Pickman Street, abutters appeared in favor. There`
i
was no opposition. Hearing closed. Mr. Abbott moved the petition be denied.
Mrs. Lundregan seconded. Mr. Eames recorded in favor of petition. Petition
denied,
i
The Board rejected the Petition because they felt that the enlargement of
the present non-conforming use would derogate from the intent of the Zoning
Ordinance. The petitioner did not present any evidence of hardship and the Board
1 felt that the surrounding neighborhood would not be enhanced by the addition of
• a fourth apartment, SALEM BOARD OF APPEALS
DENIED
retary
Hearing - February 24, 1975
IS
min of ttlem �z �tt �#f
i! ECLiVEO
Pourb of tApyral 26 05 PH '7J�
cc''TT
i v:
STIWILLIAM E. ABBOTT DECISION ON PETITION OF ERIC R. BROWN TO COKJJ�I j���J14 ,E
JOSEPH E. DOYL FAMILY DWELLING AT 20 RAWLINS STREET.
JOHN M. GRAY, SP..
ARTHUR E. LABRECOUE
DONALD KOLEMAN This is an appeal from the decision of the Building Inspector,
WARREN SAUGHN
EMERY P. TANCH who refused to issue a permit for the construction of a single
family dwelling at #20 Rawlins Street, Salem, a residential one
family District.
The Building Inspector cited his reason for the refusal to
issue a permit as follows: "This lot is located in a residential
one family district which requires a minimum lot size of 7,000
square feet. The lot in question contains 5,066 square feet. "
r
The Building Inspector advised the Petitioner of his right
to appeal to the Board of Appeals.
The hearing was held on this appeal on February 24, 1975
pursuant to notices mailed post-paid to the Petitioner, Board
Members , abutters and abutters to abutters and others , and adver-
tisements duly published in the Salem Evening News advising of
this public hearing. Present were : Mr. John M. Gray, Sr. , Chairman;
Board Members : William Abbott , Donald Eames , and Arthur LaBrecque.
The Petitioner, Eric R. Brown, was represented by Attorney
William Quinn, 15 Derby Square, Salem, Massachusetts , who presented
the following evidence :
Petitioner wishes to construct a split level single family
home approximately fifty feet long and twenty-eight feet in depth
situated on Lot A on a plan of land in Salem drawn by Essex Survey
Service, Inc. and dated July 29, 1974. The proposed dwelling will
have a front setback of twenty-three feet, a side setback on the
North side of twelve feet down to ten feet and side setback on
Purchase Street of eighteen feet and a rear setback of twenty-four
feet down to twenty feet. Attorney Quinn stated that in accordance
with the Salem Zoning By-Laws there was insufficient lot area due
to the fact that the Petitioner' s lot contains only 5,066 square
feet, the Building Code requiring 7,000 square feet for a residential
single family district. Attorney Quinn further indicated that
there was hardship involved due to the size of the lot.
No one appeared in opposition.
ti
L
r 01i#g of �'ttlem, � ttssttrl�use##s
Poarb of �Apvral
DECISION - ERIC BROWN, 20 RAWLINS ST. -
WILLIAM F. ABBOTT PAGE 2
JOSEPH F. DOYLE
JOHN M. GRAY, SR.
ARTHUR E. LABRECOUE
DONALD KOLEMAN The Board, being familiar with the area in question and
WARREN BAUGHN
EMERY P. TANCH after discussion and review of the plot plan submitted, found
that a variance could be granted in accordance with the
Petitioner' s request to erect a single family dwelling without
substantial detriment to the public good and without nullifying
or substantially derogating from the intent of the District
and the purposes of the Zoning By-Laws. The Board additionally
found that there was hardship involved due to the size and the
uniqueness of the lot in question.
It was unanimously voted to grant the variance.
GRANTED
SALEM BOARD OF APPEALS
Acting Secretary E
o1u Hearing - May 27, 1975 RECEIVED
- JUN 16 114 P11 '75
of ' �tAolt, C f�5j �,ti ��1t iCIYY;CLkRK'S UFFIC �1
SALEM„ MkSS.
le Poarb of ru!
F" PETITION OF MILDRED D. MACK TO OPERATE A BEAUTY PARLOR IN HER
WILLIAM F. ABBOTT HOME AT 11 SHILLABER STREET (R-1 Zone) .
JOSEPH F. DOYLE
JOHN M. GRAY, SR. Hearing on this petition was held on May 27, 1975 pursuant to
ARTHUR E. LARRECOUE
Jane T. Lundregan notices mailed postpaid to the Petitioner, Board Members, Abutters,
Donald E. Eames
EMERY P. TANCH Abutters to Abutters and others, and notice was duly published in
the Salem Evening News advising of this Public Hearing.
Chairman John M. Gray, Sr. , opened the meeting with members
Jane T. Lundregan, Arthur Labrecque, William Abbott and Associate
Member Donald Eames, present.
Mrs:; Mack appeared before the-Board- to-7reques:t- a special permit
--to-operate-a-beauty-parlor-in-her-home. -Mrs-:-Mack stated she is
presently paying $500.00 a month rent and will have to give up her
business as she only works part time and is the only operator in
the. shop. She -stated-she works-22-days--a week. She-has--no-employees.
She-wants the special permit for her own use only.
The--Board-voted-unanimously to grant the variance noting that
such-variance-was=-for-Mrs, Mack'-s ownpersonaluse and does not run
with the land. The Board felt that the fact that the business would
be limited to Mrs. Mack alone and no' employees and the fact that Mrs.
Mack only intends to operate the shop on a limited basis, would allow
the Special Permit to be granted without derogating from the intent
of the Zoning By-laws and without detriment -to the neighborhood,
GRANTED WITH CONDITION
SAjFM BOARD OF APPEALS
By (`Jl
cretary
V
Hearing - January 20, 1975 MAR 10
113s P11 175
�-_
CITYOCLE.4N.s OffiC
o.
's Poarb of c�1 rat
WILHA/A F. A.F90TT
Jc>EFH F. eoY.E DECISION ON PETITION OF GEORGE AND JAMES RYAN TO CONVERT AN
JO11J A' G4'O', sR EXISTING TWO-FAMILY DWELLING INTO FIVE OFFICES AND FOUR
"1Y0n E L",-EEQUAPARTMENTS. 15 SUMMER STREET
I DUNAA,D KO.EMAN ..
WARREN 9AUGHN ' This 1s an a
f
EMERY P. TANCN Ppeal from the decision of the Building Inspector
who refused to issue a permit for the conversion of an existing
two-family residence at 15 Summer Street into a building containing
five offices on the first floor, three apartments on the second
floor, and one apartment on the third floor. The building is
located in a central business district (B-3) and all residential
uses_ are prohibited.- The addition--of- more--apartments -trould -con--
stitute an_extension- of- a-non-conformirig_.use,.__
A hearing was held on this matt er--on January--.20-1.197:5 -pursuant.-.
to notice mailed post paid to the- petitioners , board members,
abutters , abutters to abutters, and others , and advertisements
• were displayed publicly in the Salem Evening News advising of
this public hearing.
Members present were Chairman John M. Gray, Sr. , William F.
Abbott, Arthur Labrecque, Donald Koleman acting Secretary, and
assoc=iate member Donald Eames.
The Petitioners appeared on their own behalf and presented
the following evidence: All of the surrounding houses at this',
particular end of Summer Street are multi-family dwellings , and
Petitioners feel their plans are not in any way altering the
neighborhood. They wish to convert an existing two-family
residence into five offices on the first floor, three apartments
on the second floor, and a three room apartment on the third
floor. A separate inside stairway will be constructed from the
second to the third floor allowing a second means of egress from
the .third floor. The Petitioners wish to use five professional
offices on the first floor. There are seven parking spaces , but
there is room .for more, as the lot contains some eight-thousand
' ,. square feet. Petitioners feel parking for ten cars could be
provided.
IAppearing in opposition was Rod Maurice, 11-13 Summer Street,
rte_
,of !&Ivm, fflzisfi�zcliu��tf
-� •�n�tr�r of ���
%''L:IAf.I f /RBOTT PAGE TWO - DECISION - GEORGE & JAMJAMES? RYAN
.
J^,SE?H F. DOYLE
JCHN M. GRAY, SR. _ 'c (•�,_.i;/,
APTHDR. E. la.eaF000E . -
Dcu,le ,Sole,-Hr, who wished. .to ,have assurance that there. is .ade uate
.J� Rea eauGHn - q . parking ,. .
EMERY P. TANCH on the property. Also appearing in opposition was Bob Roy,
56 Ocean Avenue, Salem, wHo had the same objection and who
owns the building next door. Mr. Roy was concerned about an
overflow of parking on to his property.
The Board being familiar with the locus in question and
the building after deliberation and review of the plans
unanimously- -finds---that it may-_grant this: .variance -without ---
substantral- detrement- to--tlie- neighborhood-.and without sub---
• stantially-derogating- from=-the= meaning and- intent--=:of_._the _
zoning:by-laws-.- The Board additionally finds--that--there is
substantial hardship which runs with the, land due to the
-� change in the immediate neighborhood in the last decade.
VARIANCE GRANTED upon unanimous vote, 1
SALEM BOARD OF. APPEALS ;I
Acting Secre -ary
i
Hearing - November 18, 1975
Gitu ofIpm, ws �I� P R E C E N t o
� DEc 15 i o� PH 15
Pwirb of �yjjjml
CITY Ci_Esr :, OFFICE
SALEM, MASS.
VrILLIAM F. ABBOTT -
JOSEPH F. DOYLE DECISION ON PETITION OF JETON HOXHA TO CONSTRUCT AN ADDITION TO HIS
JOHN M.GRAY,SR. HOS AT 32 SU IMIT STREET WITHOUT THE NECESSARY SIDE AND FRONT YARD
ARTHUR E. LABRECQUE - REQUIREMENTS. (R-1 DISTRICT)
.JANE T. LUNDREGAN
DONALD E. EAMES -
EMERY P. TANCH _
Hearing on this petition was held on November 18, 1975.pursuant to notices
mailed postpaid to the petitioner, Board members, abutters, abutters to abutters,
and others and notice was duly published in the Salem Evening News advising of
this Public Hearing,
Chairman John 14. Gray, Sr., opened the meeting with members Jane T. Lundregan,
William Abbott, Donald Eames and Arthur LaBrecque present.
Mr. Hoxha appeared and stated in his petition that his lot consists of
5,280 square feet, which is undersized and with the addition petitioned for
his side lot line will be only 7 feet from the house. There was no opposition.
Hearing closed,
The Board voted unanimously to grant said variance. The Board felt it
could grant the relief requested without detriment to the public good or substan-
tially derogating from the intent or purposes of the zoning ordinance and that
the literal enforcement of the Zoning By-laws would cause substanial hardship
for the petitioner.
GRANTED
SALEM BOARD OF APPEALS
BYl%��•
ecretary
Hearing - March 24, 1975
o xl
/ � s� r
R10EIVED FaJrY J P
of [��2tt9
IFi. to _
�r
IIarb of tI.!
�rriC£
THL�II` PETITION OF MARTIN DULLER TO ADD AN ADDITION TO
OF. ABBOTT
JOSEPHSEPH fDOVLE THE tj E LOCATED AT 56 SUMMIT STREET.
,
JOHN M. GRAY, SR.
ARTHUR E, LASRECOUE.
DONALD KOLEMAN This is an appeal from the refusal of the Building Inspector. to
WARREN BAUGHN
EMERY P. TANCH issue a permit to erect an addition to the Dulles. home at #56 Summit
F
Street. The Building Inspector, in issuing his letter of refusal,
dtated the following: "This property is located in a Residential
one family district and it would not conform to the side yard require-
ment of ten feet with a proposed addition." The Building Inspector
thereafter informed the Petitioner of his right to appeal directly
to the Board of Appeals.
Hearing on this appeal was held on March 24, 1975, 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, opened the meeting, with Board Members,
Donald Koleman, Arthur Labrecque, William Abbott and Associate Member
Donald Eames, present.
Mrs. Martin Dulles, Jr. who is the Petitioner' s wife, appeared on
behalf of the Petitioner, Mrs. Dullea introduced the following evidence:
The Petitioner has submitted to the Board a series of plot plans and
architectural renderings of the addition which she wishes to put on her
building. The puipose 'of the addition is the addition of a two-car garage
to the dwelling house which they presently occupy at #56 Pdmmit St. ,
Salem, MA. In accordance with the denial from the Building Inspector, it
is to be observed that the side yard requirement of a ten foot setback
cannot be met because of the peculiar shape of the lot in question. The
lot contains 11,500 square feet and would otherwise be able to accommodate
I
AY i J 58 AN `75 Peart ni L�l'7"Pian
CITY iaiC:.t61&'pSp QciFICE
WILLIAM F. ABBOTT SALEM. HAM
JOSEPH F. DOYLE PAGE TWO - DECISION - MARTIN DULLEA - 56 SUMMIT STREET
JOHN M. GRAY, SR.
ARTHUR E. LABRECOUE the addition without the requirement of a variance.
DONALD KOLEMAN '
WARREN BAUGHN No one appeared in opposition.
EMERY P. TANCH
f
The Board, after reviewing all the plans submitted, and being
familiar with the area in question, finds that there is a hardship
which runs with the land which, in fact, does not run with other parcels
in the area due to its odd shape. The Board further finds that a
variance may be granted without substantial derogation from the
meaning and intent of the Zoning By-Law. The Board further finds
that the variance may be granted without substantial detriment to
the neighborhood.
The Board voted unanimously to GRANT THE VARIANCE SOUGHT.
SALEM BOARD OF APPEALS
(Acting) Secretary =c-
- 4
. I
Hearin.g - June 30, 197547
f� btu ax , J �z, � � wits
pp ,
v+uuAi.; P, araor�
PETITION OF ROBERT L. TR.EMBLAY TO EXTEND HIS HOUSE AT 8-10 SYLVAN STREET
JOSEPH F. DOYLE IN VIOLATION OF DENSITY REQUIREMENTS IN AN R-2 ZONE.
JOHTI M. GRAY, SR,
AR)HSR E. LABRECOUE JULIL15 8 32 AM '75
Donald Eames J
Jane T. Lundregan MEQ
EMEl1' P. 14N1"H
Hearing on this petition was held on June 30, 049Y_T*dr sfibh'ZH L `�tices
mailed postpaid to the Petitioner, Board Members, Abutters, Abutters to
Abutters and others, and notice was duly published in the Salem Evening News
advising of this Public Hearing.
Chairman John M. Gray, Sr. , opened. the meeting with members Jane T.
Lundregan, William Abbott and Associate member Donald Eames present.
Robert L. Tremblay represented himself and stated he would like to
extend his house located at 8-10 Sylvan Street by an addition of 8 feet
10 inches. The house presently violates the density requirements as regards
the depth of the rear yard. Francis Johnson, an abutter appeared in favor
of the variance and there was no opposition.
The Board voted unanimously to grant the variance. The extention is
to be added to the side of this house and in no way increases the non-conformity
of the rear lot line. The Board found that the shape of the lot in question
was long and narrow and such shape was a hardship. It was decided that the
granting of the variance would in no way be detrimental to the surrounding
neighborhood, and without derogating substantially from the intent of the
zoning law.
SALEM BOARD OF APPEALS
.Secretary
v
Hearing - June 30, 1975
ry » iD "�tlEm � s��s zzP##s LJ/V
RECEIVE•#9
I
= = AUG Z{ nttrD of � BttI
r i u2 pN ��
DECISION ON THE PETIT OF PETER DORNEY TO ADD AN ADDITIONAL APARTMENT TO A
FIVE-iihL WELY V (�
(; E .TED AT 30 WARREN AND 15 FLINT STREETS.
WILLIAM F. ABBOTT SALEM. MASS.
JOSEPH F. DOYLE
JOHN M. GRAY, SR.
ARTHUR E. LABRECOUE
Jane T. Lundergan
Donald E;- Eames
EMERY P. TANCH
This is a petition by Peter Dorney to be allowed to increase a non-
conforming use by the addition of a basement apartment to a five-unit dwelling
located in an R-2 Zone.
Hearing on this petition was held on June 30, 1.975 pursuant to notices
mailed postpaid to the Petitioner, Board Members, Abutters, Abutters to Abutters
and others, and notice was duly published in the Salem Evening News advising
• of this Public Hearing.
Chairman John M. Gray, Sr. opened the meeting with members Jane T. Lundregan,
William Abbott and Donald Eames present
Appearing on behalf of the Petitioner was Attorney George Vallis. The
following evidence was introduced at ,the hearing. Mr. Dorney presently lives
in Marblehead and wishes to move into this building. He bought the property in
March and he is 23 years old. Mr. Vallis made reference to Section 5, Article
B-10 on page 46, and Section 8F of page 48 (Section 9-B) which allows this type
of variance. He said there was parking for six cars. Mr. Landers of 25 Warren
Street appeared in opposition. Atty. Richard Farley, representing abutters Dr:
and Mrs. Davis and the Trustees of the Phillips Estate, appeared in opposition.
A petition was presented signed by 46 abutters in opposition to the variance.
The building is a constant source of noise and nuisance to the neighbors. Mr.
• Alfred Putnam, Trustee of the abutting property appeared in opposition. Atty.
Vallis in rebuttal stated that this variance could be granted as a reasonable
extension of anon-conforming use, and that hardship was not a pre-requisite.
He suggested that conditions could be made a part of the variance to satisfy
Ctg of "Salem' AUSBUc4useM
X41 RECEIVED
AuG ZS 11 a2 AM 175 Paurb of '�ppEnl
CITY CLtitn'S OFFICE
WILLIAM P. ABBOTTQALEM P�.CC.. -
JOSEPH P. DOME DECISIO - 1'14C•5671M+872AC DORNEY - PAGE TWO
JOHN M. GRAY, SR.
ARTHUR E. IABRECOUE -
Jane T. Lundergan
Donald E.; Eames
EMERY P. TANCH
the abutters. A previous request for this same apartment was denied in 1970.
The Board voted unanimously to deny the Special Permit for the enlargement
of the non-conforming use. The Board found that the enlargement of said non-
conforming use would be an added nuisance to the surrounding neighborhood and
such enlargement would not be in harmony with the intent of the Zoning
Ordinance.
DENIED
SALEM BOARD OF APPEALS
S cretary
Hearing - May 27, 1975 FiECEIVf�[J
.
PH 9
PETITION OF ROGER L.PETIT REALTY FOR AN EXTENSION OF. THE BUILDING
WRHAM F. ABBOTT AT 280 WASHINGTON STREET (B-1)
JOSEPH F. DOYLE -
JOHN M. GRAY,SR.
.ARIHuR E. IABRECouE Petition of Roger L. Petit Realty for an extension of the
Jane T. Lundregan
Donald-E. Eames building at 280 Washington Street (B-1) approximately 20 feet by
EMERY P. TANCH
35 feet on an undersized lot. The extension is for the storage of
optical products.
Hearing on this petition was held on May 27, 1975 pursuant to
notices mailed postpaid to the Petitioner, Board Members, Abutters,
Abutters-to-Abutters and others,.':and. notice was duly .published in
- the=Salm=Even-i-ng-_News-advising-of--this-Publid Hearing
i
.Chairman John-M,- Gray, _Sr.--opened.the meeting with members
Jane T;' Lundregan, Arthur-Labrecque, William Abbott and Associate
Member Donald Eames, present.
Ken Banville of Apex.Optical appearedinfavor. He stated.-that.
they .plan to-add-a-20'-by-35'---addition-which-they have changed to,
-19 2''=by-35'=-351 -ter--having-the--1 and--surveyed,-,--This-will--bring_.them__
within 6 inches_of_-the_,property .Line.-The._buiTding will-be_of-cement__ _.. _.
block with no windows. There will be an emergency door. He stated
that there is no other use for the land .as it is completely land-
locked. Mrs. Lundregan asked what was behind the land, how high will
the building be and how far away are they from Mr. Little' s? There
is a.garden behind the land, the building will be 12 feet high with
no cellar and they are 6 feet from the Little property. There was
Y
no opposition.
The Board voted to unanimoysly grant the variance as requested
•''' by the Petitioner. The Board felt that the variance could be granted
without substantial detriment to the public good and without derogating
from the intent and meaning of the Zoning By-Laws. The Board felt
' I
ofi fn II'�l Ga�Ci�F.ilt9 tirL,0�6b%�3%.1.�-l/AL�I' �.L3J
._
PAGE TWO - DECISION -. ROGER L. PETIT - 280 WASHINGTON STREET
WILLIAM F. ABBOTT
JOSEPH F. DOYLE
JOHN M. GRAY,SR.
ARTHUR. E. LABRECOUE that because the land in question was land locked that the denial
Jane T. Lundregan
Donald E. Eames of the variance would be a hardship to the Petitioner.
EMERY P. TANCH
VARIANCE GRANTED
SALEM BOARD OF APPEALS
� l�-2
cretary
•
Z
•
Hearing March 24, 1975
Df 52Tlrm, 01, %
ED
r X31
CIM
Pourb Of APR s 4 0 51
CITY JFFICE
WILLIAM F. ABBOTT DECISION ON THE PETITION OF EDWARD H. MOONEY, TRUSTEE, SINGLE
JOSEPH F. DOYLE LOT LOCATED AT #1 ROPES STREET,CORNER OF #276 WASHINGTON STREET INTO TWO
JOHN M. GRAY, SRUNDERSIZED LOTS.
ARTHUR E. LABRECQUE
DONALD KOLEMAN
WARREN BAUGHN This is a direct appeal by the Petitioner, Edward H. Mooney, Trustee,
EMERY P. 1ANCH under the Will of Katherine Roche Sexton, who wishes to divide a single lot
with two dwellings situated there* into two undersized lots.
This matter was heard March 24, 1975, pursuant to notices mailed postpaid
to the Petitioner, abutters, abutters to abutters, Board Members, and 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 Donald Eames present.,
The lot in question is located at #1 Ropes Street, corner of #276 Wash-
ington Street, which is in an R-3 residential zoning district. The Petitioner was
represented by Attorney Timothy Davern, Essex Street, Salem.
A plan was submitted by counsel for the Petitioner of land in Salem
• entitled "Property of Estate of Katherine Roche Sectou", dated February 11, 1975
and prepared by Essex Survey Service, Inc. , 47 Federal Street, Salem.
The Petitioner, through counsel, introduced the following evidence:
The building shown as A and B on the lot at the corner of Ropes and
Washington Streets contained in the case of Lot A2893 square feet and in the
case of Lot B 3468 square feet. The building located on Lot B contains four (4)
families and the building on Lot A contains two (2) families. The present
lot with the buildings thereon are an existing non-conforming use for an R-3
residential District. Counsel for the Petitioner stated that the two buildings
have existed on the same lot for a period in excess of fifty (50) years. Attorney
Davern pointed out that there is true economic hardship with respect .to the
conduct of the trust for which Edward H. Mooney is the 'trustee. Attorney Davern
also pointed out that there is a hardship which runs with the land itself.
He pointed to the fact that the buildings were erected on the undersized lot
prior to the present Zoning By-Law. It was also brought to the attention of the
Board that there are many other urulti-fandly buildings in the District and the
immediate area which do not conform to the present Zoning By-Law.
No one appeared in opposition.
After reviewing the plans submitted and all the evidence placed before the
Board, the Board found that it could grant the variance sought to divide the
undersized lot in accordance with the plan filed therein without substantially
derogating from the meaning and intent of the Zoning By-Law and without there
being a detrimental effect on the neighborhood in question. The Board additionally
finds that there is true economic hardship due to the circumstances described by
Attorney Davern and that there As a hardship which runs with the land itself.
G;
coSVI CC
itg of Salem, Aassarhuse##s
" . Puttrb of 'Appeal
DECISION - EDWARD H. MOONEY, TRUSTEE - PAGE TWO
WILLIAM F. ABBOTT
JOSEPH F. DOYIE
JOHN M.GRAY, SR.
ARTHUR E. LABRECOUE The Board voted four (4) in favor for the granting of the variance
DONALD Y.OLEMAN and one (1) member abstained from voting,
WARREN BAUGHN
EMERY P. TANCH VARIANCE GRANTED.
SALEM BOARD �OF APPEALS
BY
(Acting) Secreta U
•
I � Hearing - January 20, 1975
CTttg of "Mem, f ttssachusetts
RECEIVED
curb of �FpPttl 1 J
k FEa o s� AH
MWAM F. ABBOTT CITY CLLhJ06 OFFICE
DECISION ON THE PETITION OF HASKELL & HALL, O EXTENAMASS.
INC.. Y
JOSEPH F. DOYIE LL -
JOHN M. GRAY, SR. NON-CONFORMING USE ON PROPERTY LOCATED AT 36 WEBB STREET. -
ARTHUR E. {ABRECOUE - -
DONALD KOLEMAN
WARREN BAUGHN This is a direct appeal by the Petitioner, Haskell & Hall
EMERY P. TANCH
Inc. , for a Special Permit to extend a non-conforming use on
property located at #36 Webb Street, Salem, Massachusetts,
j so as to allow an addition of 601 x 801 , which willnot
fulfill the minimum front yard, side yard and lot area require-
ments in a residential two-family district.
The location in question is a non-conforming use in an R-2 1
zone.
Thaz-hear-ing -was -held_=on= thi.s� appeal=on:^January_-20th- 19.75
pursuant to notices mailed post paid to the Petitioner, Board
Members, abutters and abutters to abutters and othets, and
(�.
advertisements were duly published in the Salem Evening News
advising of this public hearing. Present were: Chairman John
I
M.- Gray„ Board-Members : William Abbott,- Donald Eames, Donald
Koleman and- Arthur LaBrecque. Attorney Robert-A. Ledoux appeared
1
forthePetitioner and evidence was introdu5pd as follows: -
1 The-area-in- question--has--been--used by-said Haskell-& Ha1L;-_
a �N
Inc. as a manufacturing site for marine products for a number
of years.- The site in question at the present time, has three
t buildings located upon it, two occupied by Haskell & Hall, Inc.
and the other being occupied by a oil burner service company.
Mr.. Ledoux introduced plans prepared by Mr. Robert Scagliotti,
which indicated that if the expansion were to be allowed the
building now being occupied by the oil burner service company
would be removed and the extension would be on that side.
Further evidence was introduced that one of the main problems
in the area was traffic conjestion. With the addition of the
proposed structure, all customers service work would be located
• on the Essex Street side of the lot in question, thereby reducing
j parking by customers or employees on Webb Street. Evidence was
further introduced that additional parking spaces would be made
available on the sid6 and to the rear of the building.
IiY - -- - -- --
THU of 5alrm
Poarb of �Fyral
W141AM F. ABBOTT PAGE 2 - DECISION - HASKELL & HALL - -
iJOSEPH F. DOYLE -
1 JOHN M.GRAY, SR. -
ARTHUR E. LABRECOUE Mr. Ledoux introduced letters from Mrs. Mary Kobierski,
the
{}IF DONALD KOLEMAN
WARREN BAUGHN owner of the abutting property, which stated .that Haskell &' Hall
,EMERY P. TANCH
had always been a good neighnor and she had no objection to the
i Petition. Additional letters were presented from the owner of the
Do-Nut shop directly across the street from said Petitioner, and
he indicatedthat he had -no objection- to the Petition and that
they also wished Haskell & Hall best wishes in their future
L
i, expansion.
j Two additional letters were presented from St. Nicholos
I Russian Orthodox_ Church,_. the--first_indica:ting---that:.the=Parish-=
Council had met and had no objection to the proposed addition,
{ but requested a meeting with Mr. .Scagliotti to cut down on a -
ca W
ten foot space that was to be between the existing building and
1 the new addition. The letter indicated that they also were some-
what apprehensive about the parking problem.- A--subsequent- letter-
from the same-.church-indicated -that- they had met=with_Mr_.�_ Scagliotti--
and he had explained some of the problems with eliminating that
s
t space- entirely. The letter went on to state that_Mr. _Scagli.ot.ti-
had ,by- agreement, reduced the space from ten .to two feet which
was acceptable by the-church. They therefore, were in favor of the
petition. .
S
The Board after careful consideration, found that to grant',
the requested extension and a non-conforming use and for side yard,
front yard, and lot area, the expansion would not derogate from
the intent of the zoning ordinances.
It was not detrimento£ the public good and that in fact the
i
granting of said premises would ensure that the industry would
' not leave the City of Salem, and would ensure-a return to the
City in taxes and would avoid the loss of said Taxes to the City.
E � The Board unanimously voted to grant the requested Special
Permit.
SPECIAL PERMIT GRANTED CITY OF SALEM - BOARD OF APPEAL
r BY:
Acting Secretary
Otv of "�3alem' WED
3narb of c }�}'e�I DEC
CIT SACLE
LES,IWSfl�E
WILLIAM F. ABBOTT
JOSEPH F.
GRAY,SR.YLE
GRA
JOHN M. DECISION Oil THE PETITION OF CLIFTON N. AND HELEN M. COOKE FOR THE
ARTHUR E. LABRECQUE CONSTRUCTION OF A WATERFRONT MARINA, WITH A SWInNIING POOL AND
JANET. LU NDR�GAN RESTAURAY =LOUNGE AT
10 [ RITE STREET. (INDUSTRIAL DISTRICT) .
DONALD E. EAMES
EMERY P. TANCH -
Hearing on this petition was held on November 18, 1975 pursuant to notices
mailed postpaid to the petitioner, Board members, abutters, abutters to abutters
and others, and notice was duly published in the Salem Evening News advising
of the Public Hearing.
Chairman John M. Gray, Sr., opened the meeting with members Jane T. Lundregan,
William Abbott, Donald Eames and Arthur LaBrecque present.
Atty. William H. K. Donaldson appeared for the petitioners Drs. Burba and
Tassanari, who are interested in developing the property as a marina. He stated
that they have visited at least 30 marinas and this is the tenth plan that has
been prepared for consideration by the Board. They will provide 123 parking
spaces, but have sufficient romm to provide more if needed. Since boating is .
a family operation they feel the swimming poll and restaurant should be part
of the facility, but do not desire a stand-up bar. Many letters were received
in favor of granting this petition, Mr. Greg Senko, City Planner spoke in
favor, but stated since the residents of the-area are concerned about the -
• operation of the Restaurant-Loun,e,he felt that the developers should be
granted the variance for the Marina now, and should come back to the Board for
a Special Permit for the restaurant and lounge when they are ready for this
part of the development, Bradford Northrup, 49 Turner Street spoke and sub-
mitted a letter giving his reasons in detail as to why he felt certain conditions
should be made in regard to the granting of the petition. Many residents of
the area appeared in favor of the marina but against the operation of the restaurant-
lounge. Donald Hunt, Chairman of the Conservation Commission assured the
interested residents that the petitions will have to go the route of obtaining
all necessary permits and that there will be a hearing on the impact on wetlands
before the petitioners can proceed. Hearing closed.
The Board voted unanimously to grant the petitioners request. The Board
decided that the evident presented showed that hardship existed because of
financial difficulties in developing this land under the present Zoning Ordinance.
The Board noted that the land has been idle for severalY ears. The Board
decided that the desired relief could be granted without substantial detriment
to the public good. The Board noted the various persons who came to the meeting
and wrote letters of support on the petition including several of the neighbors,
therefore the Board felt that it could grant the relief requested without sub-
stantially derogating from the intent or purpose of the Zoning By-law.
GRANTED
iSALEM BOARD OF APPEAL
�// Secretary�'�
Hearing - March 24, 1975
s��n urr
i� Tit" '13f '�53alem, �1 , nelsar4uset#s
f ourb of c�Yvral
DECISION ON PETITION OF NORRIS W. DOZOIS TO DIVIDE A LOT AT #3 WILLIAMS
WILLIAM F. AMOTT STREET INTO TWO LOTS,
JCISFPN F. DOYLE
JOHN M. GRAY, SR.
ARTHUR E. LABRECQUE
DONALD KOLEMAN This is a direct appeal by the Petitioner, Norris W. Dozois
WARREN BAUGHN for a variance affecting Lot A and Lot B at #3 Williams Street as
ENILRY P. TANC11
shown on ab
u
tan m'
p submitted with regardto lot areas, lot widths and
front and side rear yard setback requirements for the density regu-
lations of the City Zoning Ordinance.
The hearing was held on this appeal on March 24 19 5 u
PP , 7 , pursuant
to notices mailed post-paid to the Petitioners, Board Members, abutters
and abutters to abutters and others and advertisements duly published
, y lashed
in P
in the Salem Evening News advising of this public hearing. Present
were: Mr. John M. Gray, Sr. , Chairman; Board Members: Donald Koleman;
William Abbott; Donald Eames l�.Esociate member; and Arthur r ur LaBrecque.
UJ The Petitioner was represented by Attorney Philip Litman with
ti
1( offices on Bridge Street, Salem, MA, The Petitioner, a long time
r;P
w ment of the dwelling located on Lot A in a residential two-family
,_,
� Ln zontng district, containing 3589 square feet, wishes to use Lot B
!-I _;J which abuts his property and contains 2,015 square feet, to park his
C-1
omotor vehicles on said property. The Lot B in question upon which
z h7d4ishes to park motor vehicles for his own use, abuts Kimball Court,
4 P.F±9,ate Way, The Petitioner expressly represents to the Board that
It wishes to enter Lot B in question by driving up Kimball Court and
parking on Lot B. The Petitioner states that there will not be
parking provided for any other party, other than those residing in his
own household and that he does not intend to build any type of structure
on said lot. Petitioner has submitted a Plan of Land in Salem designated
as property of Norris Dozois, et ux, dated September 29, 1972 and drawn
by Essex Survey Service, Inc. , 47 Federal Street, Salem. Petitioner
represents that approval under the Sub-division Control Law not required
under Chapter 41, General Laws, Section 81P and signed by the Salem
Planning Board.
Appearing was a Mr. Whittimore, of Marblehead who, after reviewing
the plans submitted and discussing the various deeds submitted as evidence,
stated that he had no objection to the granting of this variance, so lm g
as the Petitioner used the lot in question for the parking of his own motor
vehicles only and not rented out space to other parties in the area, thereby
creating a greater traffic hazard on narrow Kimabll Court. Mr. Whittimore
also stated that he would have no objection as long as there was no building
to be .-rected on Lot B.
It is to be specifically noted that Acting Secretary, Donald Koleman,
has disqualified himself from voting or discussing this matter.
The Board, after considering copies of the deeds submitted and the
plan submitted by the Petitioner,finds that it may grant a variance to use
Lot B specifically for the parking of no more than three (3) motor vehicles
thereon, said motor vehicles being owned by the residents of the dwelling
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DECISION - NORRIS W. DOZOIS - PAGE TWO
WILLIAM F. ABBOTT
JOSEPH F. DOYLE
IN Lot 3. The Board finds that it can grant this variance without sub-
JOHN M. GRAY, SR.
ARTHUR E. LABPECOUstantially derogating from the meaning and intent of the Zoning By-Law.
DONALD KOLEMAPo The Board further finds that there would be no detrimental effect to the
WARREN BAUGHN immediate neighborhood if the said variance was granted. The Board
EMERY P, TANCH further finds that there is definite hardship with respect to the lot
in question and in so finding, determines that the lot-is an odd sized
lot from which a garage was removed after September 29, 1972 and for
which there is no other practical or economical use for said land due
to its undersized area, odd shape.
The Board voted to grant the variance, with Member, Donald Koleman,
abstaining.
VARIANCE GRANTED
SALEM BOARD OF APPEALS
J
(Acting) Secretary