APPEALS DECISIONS 1976-1977 �" ��-I S �C. i � iO � S
�P
1976 Board of Appeals Cases
STREETS NAMES PAGE
27 Barstow Street Dubiel , Frederick & Marilyn 1
122 Boston Street Lumbard, Gilbert E. 2
167 Boston Street Wadleigh, George 3
51A-53 Bridge Street Georgilakis , Peter 4
335 Bridge Street Magur�e , George 5
33 Briggs Street Salomon, Udo W. 6
24 Cabot Street Carson, Virginia 7
51 Canal Street Thibault , Alfred J. 8
1A Cleveland Road Ext. Ouellette , Roger J. 9
1A Cleveland Road Ext . Ouellette , Roger J. 10
6 Colby Street Sullivan, Thomas A. 11
114 Columbus Avenue Nowak, George & Renate 12
6 Conners Road Connery, Angela M. 13
10 Dearborn Lane Ross Construction Corporation 14
197 Derby Street Heritage Trust 15
7 Dodge Street Inez Relaty Trust 16
302 Essex Street Marlan Realty Trust 17
i98 Essex Street White , William F. 18
60 Federal Street Federal Realty Trust 19
95-97 Federal Street Heritage Cooperative Bank 20
180 Federal Street Connelly, Joh & Eleanor 21
",,171- 173 Fort Avenue Campbell Realty Trust 22
6 Hawthorne Boulevard Maguire , Robert M. 23
22 Hawthorne Boulevard Pocharski , Marvin F. 24
227 Highland Avenue Salex Realty Trust 25
28 Howard Street Heaton, Deborah W. 26
43 Irving Street Kasprzyk, Fred J. 27
65 Jefferson Avenue Spinazzola, Anthony J. 28
229-231 Jefferson Avenue Corbin, Leo A. & Smith, E. Hartley 29
241-243 Jefferson Avenue Ouellette , Donald R. 30
250 Jefferson Avenue O' Clair, Yvonne 31
Lafayette Place Cahill , Philip & Caroline 32
152- 154 Lafayette Street f Talbot , O. Robert 33
183A Lafayette Street Royal Formal Wars , Inc . 34
-10 Leval Road Denis , Richard & Marie 35
92 Linden Street ,. ,......-�rsrby,.� y"'� 1'r'" 36
Lucille
1$ Loring Avenae Power, 37
xe (Walter_ B. d...r ��
rx--
STREETS NAMES PAGE
25 Lynde Street Rob & Rod Realty Trust 38
13 Nichols Street Labrie , Zoel 39
83-85 North Street Aletter, Anne Marie 40
15 Northey Street Rice , Peter W. 41
51 -53 Ocean Avenue Loureiro , John F. 42
21 Ocean Terrace Otenti , Richard B. 43
23 Orchard Street Dionne , Ronald & Lorraine 44
20 Osborne Street Grondin, Philip B. 45
13 Pickman Street McManus , Charles H. 46
7 Pioneer Circle Bonsang, Arthur 47
5 Porter Street Court Savory, Kenneth 48
1 Raymond Road Connelly, John J. 49
43 Roslyn Street Richard, Peter M.&: Hubley, Pauline 50
51 Salem Street Spanish American Club 51
4 State Road Gift Pharmacies 52
75 Summer Street Fournier, Carol J. 53
3 Sutton Terrace Ward, John M. 54
7 Harris Street Galper, Madeline , Murry, & Jonas 55
70 Ward Street Finniss , Clark F. 56
136-146 Washington Street and Barton 'Square Realty Trust 57
1 Barton Square
70 Webb Street Femino , John A. 58
7 Webster Street Copelas , Peter 59
53 West Avenue Belanger, Louis & Albertine 6o
15 Winter Street Randall , Forrest,& Marjorie 61
20 Winter Street Green, Thomas E. & Straza, Thomas 62
of 'SaIrra, gaseac4usdfz RECEIVED
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CITY
SALF','AA h J SS.
DECISION
J 0
SEPTEMBER 15, 1976 /
DECISION ON THE PETITION OF FREDERICK AND MARILYN DUBIEL FOR A VARIANCE AT
27 BARSTOW STREET TO ALLOW AN EIGHT BY ELEVEN FOOT ADDITION I-THIGH WILL EXTEND
ALONG THE EXISTING SIDE LINE OF THE HOUSE, WHICH IS ONLY FOUR FEET FIVE INCHES
FROM THE PROPERTY LINE INSTEAD OF THE REQUIRED TEN FEET.
Hearing on this petition was held on September 15, 1976 with Chairman John M.
Gray, Sr. , and members Jane T. Lundregan, William Abbott, Arthur LaBrecque and
Donald Eames present. Notices were duly mailed to abutters and others in
accordance with Massachusetts General Laws, Chapter 808.
The petitioners :_represented themselves before the Board. The petitioners stated
that they wish to erect a 8 by 11 foot addition which would extend along the
existing side line of the house, which is only 4 foot 5 inches from the property
line, instead of the required 10 feet. The petitioner requested a variance
to allow said addition.
The Board voted unanimously to grant the petition req uested. The Board found
that to deny the petition would cause financial hardship to the petitioner.
the Board also found that since the new addition would extend along the existing
sideline of the house that they could grant said request without substantially
derogating from the surrounding neighborhood because the addition would be in
harmony with the present structure and would in no way cause hardship on the
neighboring property. ,
GRANTED
APPEALS FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF
THE MASSACHUSETTS GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY
DAYS AFTER THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
VARIANCE GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION BEARING
THE CERTIFICATION OF THE CITY CLERK THAT TWENTY DAYS HAVE ELAPSED AND NO APPEAL
HAS BEEN FILED, OR THAT IF SUCH AN APPEAL HAS BEEN FILED IT HAS BEEN DISMISSED
OR DENIED AS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED IN THE
GRANTOR INDEX UNDER THE NAME OF THE OWNER OF RECORD, OR RECORDED AND NOTED IN
THE OWNER'S CERTIFICATE OF TITLE.
SALEM BOARD OF APPEAL
BYr
Secretary
FEBRUARY 24, 1.9.7.6
5ALF�„
JOS ?Fl F. DOYL
JOrRI; M.GRAN', SR.
A.1TFD;2 E, LAE':,CQU2 DECISION ON PETITION OF GILBERT E. LUMBARD TO BE ALLOWED TO CONVERT
JAM: T. LUNOP..-GAN' THE PREMISES AT 122 BOSTON STREET AND P.EAR 33 BEAVER STREET INTO TWO
DONALD E. EAiSS s STUDIO APARTMENTS.
EM0Y P. TANCH -
Hearing on this petition was held on February 24, 1976 with Chairman John M,
Gray Sr. , and members Jane T. Lundregan, William Abbott, Arthur LaBrecque and
Associate Member Donald Eames present, Notices were duly mailed to abutters and
others in accordance with Massachusetts? a'�, t;Xhapter 808. .
Atty. Robert Ledoux appeared for the petitioner. He stated that Mr. Lumbard purchased
the property in 1975. The property had formerly been used for storage. The
building is brick and there is ample parking in the yard for two apartments. The
attorney submitted a petition from the abutters in favor of the petition, Councillor
Grace appeared in favor. There was no opposition. The premises in question have
been used for a number of years both for offices and storage, and qualify as a
non-conforming use in both a B-2 and R-2 Zone. There are a number of two family
houses located on both Beaver Street and Boston Street.
The Board voted unanimously to grant the Special Permit requested by the petitioner,
The Board found that the conversion of the property to two studio apartments would
be an asset to the neighborhood because it would result in the rehabilitation of
the building which is presently in disrepair. The neighborhood in which the
building is located is predominately residential, and therefore the Board further
found that the proposed use was appropriate to the surrounding neighborhood.
Appeals from this decision, if any, should be made pursuant to Chapter 808, Section
17 and shall be filed within 20 days after the filing of this notice in the office
of the City Clerk,
SPECIAL PERMIT GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION
BEARING THE CERTIFICATION OF THE CITY CLERK THAT TWENTY DAYS HAVE ELAPSED AND NO
APPEAL HAS BEEN FILED, OR THAT IF SUCH AN APPEAL HAS BEEN FILED IT HAS BEEN DIS-
MISSED OR DENIED AS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED IN
THE GRANTOR INDEX UNDER THE NAME OF THE OWNER OF RECORD, OR RECORDED AND NOTED
ON THE OS,RTMR'S CERTIFICATE OF TITLE.
SALEM BOARD OF APPEAL
BY
Ci1UY of p5ajrM9 e REC i'1Ep
Paurb of A"val MAY Zq ,b P/1 $76
CITY CLLiiti'S ijFFiCE
a/7LLIAM F. ABBOTT APRIL 27, 1976 SALEM. MASS.
JOSEPH F. DOYLE
JOHN M.GRAY,SR.
ARTHUR E. LABRECQUR DECISION ON THE PETITION OF GEORGE WADLEIGH, 167 BOSTON STREET TO
JANET.
E. EAMES REMODEL THE FIRST FLOOR OF THE PREMISES FOR RESTAURANT USE AND TO SUB-
EMERYE AMES
EMERY P. TANCH DIVIDE THE LOT INTO TWO LOTS, ONE OF WHICH WOULD BE UNDERSIZED (B-2 DISTRICT)
Hearing on this petition was held on April 27, 1976 with Board Members John M. Gray, Sr.
Chairman, Arthur LaBrecque, Jane T. Lundregan and Associate Member Donald E. Eames
present. Notices were duly mailed to abutters and others in accordance with Massa-
chusetts General Laws, Chapter 808.
Atty. James Fleming represented the petitioner before the Board. The petitioner
wants to sub-divide a lot located at 167 Boston Street into two lots, one of
which would be undersized. The building located on the lot is presently non-conforming
as to set back and would be non-conforming as to square footage. The petitioner
stated that there is a hardship in that the building is presently a residence and
is located in a zone primarily business.
The petitioner wishes to locate a restaurant in the building. Such use is an allowed
use in a B-2 Zone. The petitioner further stated that he has sufficient parking under
the Zoning regulations.
IIS Several persons appeared and spoke in opposition to therantin
g g of said variance.
They stated that the variance could not be granted without substantial detriment to
the surrounding neighborhood because of increased traffic and the type of persons
who would be attracted to the restaurant. The fact that the business zone was
surrounded by several residential homes, the Board voted unanimously to deny the
variance requested.
The Board found that it could not grant said variance without substantial detriment
to the surroundingneighborhood. Th
g e Board also found that the petitioner .had not
proven hardship which was unique to this particular parcel of land.,.
Appeals from this decision, if any, shall be made pursuant to Section 17 of the Mass.
General Laws, Chapter 808, and shall be filed within twenty days after the date of
filing of this decision in the office of the City Clerk. A copy of this decision
has been filed with the Planning Board and the City Clerk.
SALEM BOARD OF APPEAL
BY I
ecretary
? b S
Jl7'/
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pourb of cAppeal JAN i
E CITY ALEM,D9ASSF►f,�
WILLIAM F. ABBOTT DECEMBER 14, 1976
JOSEPH F. DOYLE
JOHN M. GRAY,SR.
ARTHUR E.
DECISION ON THE PETITION OF PETER GEORGILAKIS, 34 NORTH SHORE ROAD,
UNDRE
JANE T. LUNDREGAN AN
DONALD E. EAMES DANVERS, MA. , FOR A VARIANCE ON THE PROPERTY LOCATED AT 51A-53 BRIDGE
EMERY P. TANCH STRFF.T (B-4 District) FROM THE REAR YARD REQUIREMENTS OF 25 FEET.
THE BUILDING WILL BE ATTACHED TO AN EXISTING BUILDING AND WILL HAVE
A REAR YARD OF 4� FEET.
Hearing on this petition was held on Tuesday, December 14, 1976 with members
Chairman John Gray, Donald Eames, William Abbott, Jane Lundregan, Arthur LaBrecque
and Associate Member Douglas Hooper present.
Atty. John Laskaris represented the petitioner before the Board. The business
located at the property in question is a wholesale coffee business, Gold Star,and
the petitioner has outgrown the building. No roasting is done on the premises.
Atty. Laskaris stated that there is a hardship as Mr. Georgilakis simply does not
have the necessary 25 feet for a rear yard and he has to enlarge the building.
The addition is needed to house trucks and to afford greater storage space. The
• addition will be cement block and painted. There is no opposition to the petition.
The Board voted to grant the petition requested. The Board found that the reduction
of the rear yard from 25 feet to 4k feet would not be detrimental to the surrounding
neighborhood. The neighborhood is primarily industrial and business and most of
the buildings in the area are non-conforming as to density requirements. The Board
found that it could grant the petition as requested without detriment to the
surrounding neighborhood and without derogating from the intent of the Salem Zoning
Ordinance. The Board found to deny the petition would cause financial hardship
to the petitioner and to his business.
_. GRANTED
APPEALS FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT .TO SECTION 17, OF THE
MASSACHUSETTS GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY- DAYS.
AFTER-.,THE DATE-OF FILING OF-THIS-,DECISION IN THE OFFICE OF-THE CITY-CLERK. A
COPY OF THIS DECISION HAS BEEN FILED WITH THE-PLANNING -BOARD AND THE CITY CLERK
VARIANCE GRANTED HEREIN SHALL NOT TAKE EFFECT UNTILA COPY'OF THE DECISION
BEARING THE CERTIFICATION OF THE CITY CLERK THAT TWENTY DAYS HAVE ELAPSED AND
NO APPEAL HAS BEEN FILED, OR THAT IF SUCH AN APPEAL HAS BEEN FILED IT HAS BEEN
DISMISSED OR DENIED AS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED
IN THE GRANTOR INDEX UNDER THE NAME OF THE OWNER OF RECORD, OR RECORDED AND NOTED
IN THE OWNER'S CERTIFICATE OF TITLE.
SALEM BOARD OF APPEAL
BY
cretary .
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CtT't 4��r},:`� u"rttCE
M"LLiAM E. ABBOTT
SAtEt�•BgASS.
JOSEPH E. DOYLE FEBRUARY- 23, 1976
JOHN M. GRAY,SR.
ARTHUR E. LABRECQUE DECISION ON PETITION OF ORNE STREET REALTY TRUST, 'GEORGE MAGUIRE,
JANE T. LUNDREGAN TRUSTEE, 4 MOFFATT ROAD, TO RAZE THE EXISTING WOODEN STRUCTURE LOCATED
DONALD E. EAMES AT 335 BRIDGE STREET AS R-2 DISTRICT, AND REPLACE IT WITH A NEW
EMERY P. TANCH BUILDING TO BE USED FOR WAREHOUSING AND RETAIL SPACE,
Hearing on this petition was held on February 23, 1976, pursuant to notices
mailed to abutters and others in accordance with Mass, General Laws, Chapter 808.
Present were Mr. John M. Gray, Sr. , Chairman, and Board Members Jane T. Lundregan,
Arthur LaBrecque, William Abbott and Associate Member Donald Eames
The petitioner, George Maguire represented himself before the Board. A wooden
frame structure formerly used for warehousing is presently located on the land
in question. The owners wish to rip down the existing structure and replace it
with either a concrete block or steel building, which would cover 25% less area.
The petitioners desire to be granted a variance to allow the new building to
be used for warehousing and retail space.
The petitioner stated that although Bridge Street is zoned R-2, the predominant
• use of the street is a business use. He stated that there is no realistic
possibility the location would ever become residential. The land in question
abuts a National Historic District.. Councillor Grace and the Planning Board
both stated that they would support the petitioner if the building plans were
submitted to an approve by the Historical District Commission.
Two abutters appeared in opposition to the granting of this variance,
The Board voted to grant the variance requested. The Board found that the present
building, located on the land, is a non-conforming use, and it is also an eye-
sore and a fire hazard, The Board also found that although the district is zoned
R-2 the dominant character of Bridge Street itself is a business character.
Because of these factors the Board felt that denial of the variance would cause
financial hardship to the petitioner. The Board therefore granted the variance
with the stipulation that the petitioner meet with the Historic District Commission
to come to a reasonable agreement regarding the exterior structure of the building,
so that the structure when built will not be in conflict with the abutting
Historical District.
Appeals
from this decision if any, shall be made pursuant to Section seventeen (17)
of Mass, General Laws, Chapter 808, and shall be filed within twenty days (20)
after the date of filing of this decision in the office of the City Clerk.
Pursuant to Mass, General Law:, Chapter 808, Section 11, the variance and, or
special permit granted herein_, shall not take effect until a copy of the decision,
bearing the certification of the City Clerk that twenty days have elapsed and
no appeal has been filed or that if such appeal has been filed, that it has been
dismissed or denied, is recorded in the South Essex Registry of Deeds and indexed
under the name of the owner of record or is recorded and noted on the owner' s
RccE�vEa situ of `q,c-xLn, P1 asea 4mette
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CITY ;l==.CIS S d
S4LEM. �A55.
ss.
VWWAM F. ABBOTT �PPAGE"M - DECISION - ORNE STREET REALTY TRUST
JOSEPH F. DOYLE 335 BRIDGE STREET
JOHN M.GRAY,SR.
ARTHUR E. LABRECL>UE
JANE T. LUNDREGAN
DONALD E. EAMES
EMERY P. TANCH
certificate of title.
Copies of this decision have been filed with the Planning Board and the
City Clerk pursuant to Mass General Laws, Chapter 808, Section ll.
GRANTED
SALEM BOARD OF APPEAL
o l� /
2.
�l Secretary
o �ttIQTII� �t���tt �2f#£+ R E E I VE D
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CITY .L-nA'S UFFiC€
JOOSEPSEP M H P. DOYLE LE
JF. ABBOTT - SAM. MASS.
JOHN M.GRAY,SR.
ARTHUR E lABRECQUE JULY 8. 1976
JANE T. LUNDREGAN
DONALD E. EAMES
EMERY P. TANCH DECISION ON THE PETITION UDO W. SALOMON FOR A SPECIAL PERMIT TO
CONVERT AN EXISTING TWO FAMILY HOUSE LOCATED AT 33 BRIGGS STREET
TO A THREE FAMILY. (R-2 DISTRICT)
Hearing was held on this petition on Thursday, July 8, 1976 at 7:15 P.M.
Present were Chairman John M. Gray, Sr. , Donald Eames, William Abbott and
Jane T. Lundregan, Notices were duly mailed to abutters and others in
accordance with Massachusetts General Laws, Chapter 808.
Mr. Salomon represented himself before the Board. Multi-family dwellings
not exceeding four families are a Special Permit use in an R-2 Zone.
Mr. Salomon stated that he needed relief from off-street parking requirements
if a_third apartment was granted. He also stated that the house is
abutted by a three family house on one side and a four family house on
the other side. He said the house has a hot-topped yard and driveway which
could provide some of the needed parking.
ASeveral neighbors appeared in opposition and stated that the street is already
plagued with traffic and parking problems and that the granting of an additional
apartment would add to said problems.
The Board voted to deny the petition as requested. The Board found that it
could not grant the Special Permit requested without derogating from the intent
of the Salem Zoning Ordinance and without harm to the surrounding neighborhood.
The Board felt that the increased traffic and parking problems would be detrimental
to the surrounding neighborhood.
APPEALS FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE
MASS. GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY DAYS AFTER
THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK, A COPY OF
THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
DENIED
SALEMBOARDOF APPEAL
BY
S$ RETARY .
e
3
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CITY C ::i;i'S u:FICE
r;7ui.a;,a F. AUor, FEBRUARY 24 1976 SALE i, #SASS.
JOScPH r-. Dori£
JOHN M4 GR:1Y,SR. .
ARTHUR S, L 1B2._CO + DECISION ON PETITION OF
JANE T. tUNDREGA;d VIRGINIA CARSON TO CONVERT THE THIRD FLOOR
DONAI'D E. Fj"V;S AT 24 CABOT STP.EET TO AN ADDITIONAL APARTMENT (R-2 District) _
F'PI'IRY e. 7ANCH
Hearing on this petition was held on February 24, 1976 with Chairman John M.
Gray, Sr. , and members Jane T. Lundregan, William Abbott, Arthur LaBrecque, and
Associate Member Donald Eames present. Notices were duly mailed to abutters
and others in accordance with Massachusetts Law, Chapter 808.
The petitioner Virginia Carson appeared in favor and represented herself before
the Board. She stated that the second floor was presently occupied and she is
inquestion
renovating
the first floor is quite large and cMrs. Carson h she dstated s to cherself.
that thedrivewayewasr18tfeet
i
wide, and the back yard 24 feet by 54 feet and hot-topped for parking,
The Planning Board issued a statement in opposition to the Special Permit on
the grounds that there was insufficient parking. Members of the Board surveyed
the site and took note that parking facilities were available.
•� The Board voted unanimously to
the size of the house and the factnthatethe ra plicantuesteneeded theiancre . efinoar
anciallt
assistance from the rent of the third floor apartment was sufficient hardship.
The Board felt that there was adequate parking available and that therefore
the variance could be granted without substantial detriment to the neighborhood,
and without substantia ly derogating from the intent of the purpose of the
Zoning By-lata. •
VARIANCE GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION
BEARING THE CERTIFICATION OF THE CITY CLERK THAT T14ENTY DAYS HAVE ELAPSED AND
NO APPEAL HAS BEEN FILED, OR THAT IF SUCH AN APPEAL HAS BEEN FILED IT HAS BEEN
DISMISSED OR DENIED AS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED
IN THE GRANTOR INDEX UNDER THE NAME OF THE 014NER OF RECORD, OR RECORDED AND
NOTED ON THE OWNER'S CERTIFICATE OF TITLE,
SALEM BOARD OF APPEAL
BY
Secretary
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CITY CLe ,15 OFFICE
V41LLIAM F. ABBOTT FEBRUARY 23, 1976 SALEM, MASS.
JOSEPH F. DOYLE
JOHN M.GRAY,SR.
ARTHUR E. LABRDECISION ON PETITION OF ALFRED J. THIBAULT ET ALS FOR VARIANCES ON
JANE T. LUNDREGAN GAN
DONALD E EAMES LAND LOCATED AT 51 CANAL STREET (B-4 - R-2 ZONE) .
EMERY P. TANCH
Hearing on this petition was held on February 23, 1976 with Chairman John M.
Gray, Sr. , and members Jane T. Lundregan, William .Abbott, Arthur LaBrecque and
Associate member Donald Eames present. Member 'Arthur LeBrecque abstained from
voting on said petition. Notices were duly mailed to abutters and others in
accordance with Massachusetts General Laws, Chapter 808.
Atty. Robert Bowes appeared for the petitioners. The petitioners want to raze
a portion of the building which stands at 51 Canal Street, and to rehabilitate
the remaining portion, providing retail floor space on the first floor and
24 apartment units on the second and third floors. A variance is needed from
the parking requirements and for the mixed use. The present building is an old
mattress factory and cannot be used for any purpose at present.
The petitioner further stated that the size, condition, and location of the
building on the land were special circumstances which did not general affect
other land and buildings in the same district. ,Mr. Bowes stated that the
petitioners felt this location would be attractive to commuters using the
B. & M. trains across the street to commute to Boston. They have provided an.
indoor recreation area for the tenants, and the 'roof will also be used for
recreation in the good weather. The second floor apartments are two story
apartments with the bedrooms on the third floor! Mr. Bowes stated they have
18 points on the Development Permit required from the Planning Board. There
are only 30 parking spaces on the site. Mr. Robert Roy, 56 Ocean Avenue appeared
in favor.
A letter from the Planning Board in opposition was received. They recommend two
changes be made for the granting of a conditional variance: 1. At least 10,000
feet of land be set aside as open space for the residents and ; 2. That a
minimum of 10 additional parking spaces be provided to bring the total spaces.
up to 40. Petition taken under advisement until March 23, 1976.
The Board voted unanimously to grant the variandes requested with the following
conditions: A - That the petitioners execute a lease with the Boston and Maine
Railroad in order to provide additional parkingiof between 25 and 29 spaces.
B - That the leases to retail tenants will require that their employees park
elsewhere.
The Board voted to grant the vara,ance with the said restri-ctio:is because the
Board found that the building at present had no commercially feasible use and that
• to disallow the variances as requested would cause hardship to the petitioners.
The Board further found that it could grant saidlvariance without substantial detriment
to the surrounding neighborhood . The Board also voted to ask the petitioner
.c, REC-
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SALEM, pf6SSFICE
WILLIAM F. ABBOTT
JOSEPH F. DOYLE -
JOHN M.GRAY, SR.
ARTHUR E. LABRECgUE PAGE TWO - DECISION ALFRED J. THIBAULT ET ALS
JANE T. LUNDREGAN 51 CANAL STREET
DONALD E. EAMES
EMERY P. TANCH
to have "No double parking" signs posted at the curb.'
Appeals from this decision, if any, shall be made pursuant to Section seventeen
(17) of Mass. General Laws, Chapter 808, and shall be filed within twenty days
(20) after the date of filing of this decision in the office of the City Clerk
The variance or Special Permit granted herein Ishall not take effect until
a copy of the decision, bearing the certification of the City Clerk that
twenty days have elapsed and no appeal has been filed or that if such appeal has
been filed, that it has been dismissed or denied, is recorded in the South
Essex Registry of Deeds and indexed under the 'name of the owner of record or
is recorded and noted on the owner' s certificate of title.
A copy of this decision has been filed with the Planning Board and the City
• Clerk.
I
GRANTED WITH CONDITIONS
SALEM BOARD OF APPEAL
Secretary' /
II
•
PIIMrb of Mvd OEC i i 03
CITYSALEM�MASSEICE
NOVEMBER 16, 1976
DECISION ON THE PETITION OF ROGER J. OUELLETTEI,TO CONSTRUCT A TWO-FAMILY
HOUSE AT IA CLEVELAND ROAD EXTENSION (R-1 DISTRICT)
Hearing on this petition was held on November 1'6, 1976 with members William
Abbott, Arthur LaBrecque, Donald Eames and Jane Lundregan present. Notices
were duly mailed to abutters and others in accordance with Massachusetts
General Laws, Chapter 808.
Mr. Ouellette represented himself before the Board. He stated that he
wished to build a two-family house on a lot containing 8, 225 square feet.
The area is zoned R-1. Mr. Ouellette purchased the land 25 years ago, at
that time the zoning ordinance permitted the construction of a two family
house.
Several abutters appeared in opposition to the granting of the petition,
The Board voted to deny the petition as requested. The Board found that
the evidence presented did not sustain the finding of a hardship which was
' particular to that parcel of land. The Board also found that it could not
grant the relief requested without substantial detriment to the public
good, and without a detrimental effect on the surrounding neighborhood.
DENIED
APPEALS FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 1700F
THE MASSACHUSETTS GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY
DAYS AFTER THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
A COPY OF THIS DECISION HAS BEEN FILED WITH THE ;PLANNING BOARD AND THE CITY CLERK,
SALEM BOARD OF APPEAL
BY £, i
ecretary
it
L
Ctv of Salem, cfflassar1jusetts
s Pottrb of �ppettl
NOVEMBER 16, 1976 - AMENDED DECISION
DECISION ON THE PETITION OF ROGER J. OUELLETTE TO CONSTRUCT A TWO-FAMILY
HOUSE AT lA CLEVELAND ROAD EXTENSION (R1 DISTRICT)
Hearing on this petition was held on November 16, 1976 with members William
Abbott, Arthur LaBrecque, Donald Eames and Jane Lundregan present. Notices
were duly mailed to abutters ,and others in accordance with Massachusetts
General Laws, Chapter 808.
Mr. Ouellette represented himself before the Board. He stated that he wished
to build a two-family house on a lot containing 8,225 square feet. The area
is zoned R-1. Mr. Ouellette purchased the land 25 years ago, at that time
the zoning ordinance permitted the construction of a two family house.
Several abutters appeared in opposition to the granting of a variance to
allow the construction of a two-family house in an R-1 Zone. The Board
voted to deny the granting of the petition requested, in that Mr. Ouellette
not be allowed to build a two-family house.
,. The Board felt that Mr. Ouellette be allowed to build a one-family house since
the primary use of the surrounding properties were for single family homes.
Therefore Mr. Ouellette's request to build a two-family house is denied, and
he may build a one family house on the property in question.
DENIED
APPEALS FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF
THE MASSACHUSETTS GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY
DAYS AFTER THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
SALEM BOARD OF APPEAL -_
BY
Secretary
Ci#u of Sal,m, � c 3IS� �35 RECEIVED
rr � Poar3 of �Yyeal AUG 1t ; 38 M 976
CITYC :.;,,t S OFFICE
WILLIAM F. ABBOTT SALEM. MASS.
JOSEPH F. DOYLE JULY 8, 1976
JOHN M.GRAY,SR.
ARTHUR E. LABRECQUE
JANE T. LUNDREGAN DECISION ON PETITION OF THOMAS A. SULLIVAN FOR A SPECIAL PERMIT UNDER
DONALD E. EAMES SECTIONS VIII AND IX-D OF THE ZONING ORDINANCE FOR PROPERTY LOCATED
EMERY P. TANCH AT 6 COLBX STREET (R-3 DISTRICT) .
Hearing was held on this petition on Thursday, July 8, 1976 at 7:00 P.M.
Present were Chairman John M. Gray, Sr., Donald Eames, William Abbott and
Jane T. Lundregan. Notices were duly mailed to abutters and others in
accordance with Massachusetts General Laws, Chapter 808.
Atty. Albert Pitcoff represented the petitioner before the Board. Mr. Pitcoff
stated that the building was constructed in the 1930's and originally was
a chemical factory, and later 'became a machine shop. The land is presently
zoned R-3, Multi-family use. Mr. Pitcoff stated that the Salem Orthopedic
Surgeons wish to purchase the property and to use it for their offices,
therefore a Special Permit it is requested in order to change from one non-
conforming use to another non-conforming use.
I'h The architect appeared for the petitioners and presented photographs of the .
present building and plans for the parking area and buildings. Councillor
Frances Grace of Ward IV appeared and spoke in favor of the petition, and
others also appeared in favor. No one appeared in opposition. to the petition.
The Board voted unanimously to grant the Special Permit requested. The Board
found that the proposed use as a medical office building is a more appropriate
use for the district, than the existing non-conforming use. The Board therefore
found that the proposed use would nod depart from the intent of the Salem Zoning
Ordinance, and would not derogate from the surrounding neighborhood, but rather
would be an improvement to the neighborhood.
APPEALS FROM THIS DECISION, IF ANY SHALL BE MADE PURSUANT TO SECTION 17 OF THE
MASS. GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY DAYS AFTER
THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. A COPY OF
THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
SPECIAL PERMIT GRANTED HEREIN SHALL NOT TALO; EFFECT UNTIL A COPY OF THE DECISION
BEARING THE CERTIFICATION OF THE CITY CLERK THAT TUENTY DAYS HAVE ELAPSED AND NO
APPEAL HAS BEEN FILED, OR THAT IF SUCH AN APPEAL HAS BEEN FILED IT HAS BEEN
DISMISSED OR DENIED AS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED
IN THE GRANTOR INDEX UNDER THE NANME OF THE OWNER OF RECORD, OR RECORDED AND NOTED
ON THE OWNER'S CERTIFICATE OF TITLE.
GRANTED SALEM BOARD OF APPEAL
BY
SECRETARY
C � I f& d /a
�� .. (jit#U of 5ajpm, C LIVED
, �ttr �f APR i1 II 54 QM 9�6
CITY l _t:i ,`S OrFiC£
' l*JILLIAM F. ABBOTT SALEM, MASS,
JOSEPH F. DOYLE -
JOHN M.GRAY,SR. - MARCH 23, 1976
ARTHUR E. LABRECQUE
JANE T. LUNDREGAN
DONALD F. FAMES
EMERY P. TANCH DECISION ON PETITION OF GEORGE A. AND RENATE -NOWAK FOR-A VARIANCE AT
114 COLUMBUS AVENUE (R-1 DISTRICT) ,
Hearing on this petition was held on March 23, 1976 with Chairman John M. Gray,
Sr. , and members Jane T. Lundregan, William Abbott, Arthur LaBrecque and
Associate Member Donald Eames present. Notices were duly mailed to abutters
and others in accordance with Massachusetts General Law, Chapter 808.
The petitioner George A. Nowak represented himself before the Board. He
stated that he wished to extend the existing front porch 6 feet 4 inches. Said
porch would be closer than fifteen feet to the front property line and therefore
in violation of Article 6 of the Zoning Ordinance, R-1 District. The petitioner
stated that he needed the additional room to accomodate his large family, The
Board voted unanimously to grant the petition as requested,
• The Board noted that the neighborhood in, question is an old neighborhood and
that most of the lots and the houses are non-conforming. The petitioner has
a large side lot, and the Board felt to deny the variance to add on to the
front porch would be a hardship to the petitioner because of the size and shape
of his lot, therefore the Board granted said variance as requested.
Appeals from this decision, if any, shall be made pursuant to Section seventeen (17)
of Mass. General Laws, Chapter 808, and shall be filed within twenty days (20)
after the date of filing of this decision in the office of the City Clerk.
The variance granted herein shall not take effect until a copy of the decision,
bearing the certification of the City Clerk that twenty days have elapsed and
no appeal has been filed or that if such appeal has been filed, that it has
been dismissed or denied, is recorded in the South Essex Registry of Deeds and
indexed under the name of the owner of record or is recorded and noted on the
owner's certificate of title.
A copy of this decision has been filed with the Planning Board and the City
Clerk.
GRANTED
SALEM BOARD OF APPEAL
Secretary
i
UN
CITY LERK'S OFFICE �3
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Poarb Df (�k"Pa l
WILLIAM F. ABBOTT
JOSEPH F. DOYLE JUNE 15. 1976 -
JOHN M.GRAY.SR.
ARTHUR E LABRECQUE
JANET. LFAMES AN
E. EAME
DONALD E. DECISION ON THE PETITION OF ANGELA M. CONNERY TO CONDUCT DANCE CLASSES
EMERY P. TANCH IN THE BASEMENT OF HER HOME AT 6 CONNERS ROAD (Rml DISTRICT).
Hearing on this petition was held on June 15, 1976. Present were Chairman John M,
Gray, Sr. , Donald Eames, Arthur LaBrecque, William Abbott and Jane T. Lundregan.
Notices were duly mailed to abutters and others in accordance with Massachusetts
General Laws, Chapter 808.
Mrs. Connery appeared in favor, and represented herself before the Board. She
stated that there would be no more than five to seven students at a time, and she
will be operating the business between the hours of 3:00 P.M.and 7:00 P.M.
The Board voted unanimously to grant the petition with the following conditions:
1. The students enrolled at said school shall never exceed 10 persons
at a time.
2. No sign shall be allowed on the exterior of the building to advertise
said business.
3. The hours of said business shall be restricted to the hours between
3:00 P.M. and 7:00 P.M.
GRANTED WITH CONDITIONS
APPEALS FROM THIS DECISION, IF ANY SHALL BE MADE PURSUANT TO SECTION 17 OF THE
MASS GENERAL LAWS, CHAPTER 80-8, AND SHALL BE FILED WITHIN TWENTY DAYS AFTER THE
DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. A COPY OF THIS
DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY. CLERK.
PERMIT GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION BEARING THE
CERTIFICATION OF THE CITY CLERK THAT TWENTY DAYS HAVE ELAPSED AND NO APPEAL HAS
BEEN FILED, OR THAT IF SU Q1 APPEAL HAS BEEN FILED IT HAS BEEN DISMISSED OR DENIED
AS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED IN THE GRANTOR INDEX
____e_e_s__1-1---___e,___ UNDER THE NAME OF THE OWNER OF RECORD, OR RECORDED AND
NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
SALEM BOARD OF APPEAL
B5 X CZgJ '� f2
'S,Acretary
x
of ttI>rnt, C u ��ztlpz $##S kECE\\IVEEED
• � Poarb of �ppPtt[ Uct i8 44CITY L:q�li'S P11 '
SALEM,MASS`1C
SEPTEMBER 15, 1976
DECISION ON THE PETITION OF ROSS CONSTRUCTION CORP. FOR A VARIANCE FOR THE
PROPERTY LOCATED AT 10 DEARBORN LANE (R-1 DISTRICT).
Hearing on this petition was held on September 15, 1976 with Chairman John M.
Gray, Sr. , and members Jane T. Lundregan, William Abbott, Arthur LaBrecque and
Donald Eames present. Notices were duly mailed. to abutters and others in
accordance with Massachusetts General Laws, Chapter 808.
David Devoe, the proposed purchaser of the new house represented the petitioner
before the Board. He stated that the odd shape of the lot made it impossible
to build a porch without some incursion into the no-build zone. The petitioner
requests a variance from the required 10 foot side line in order to erect a
porch. Several neighbors appeared in opposition. to the petition.
The Board voted unanimously to deny the petition requested. The Board found
• there was no hardship involved in the lot in question. The Board ,also noted
that this was a new area, with new lots set out and that it could not grant the
variance as requested without substantial detriment to the surrounding neighbor-
hood, and without derogating from the intent of the Salem Zoning ordinance.
DENIED
APPEALS FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE
MASSACHUSETTS GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY DAYS
AFTER THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. A
COPY OF THIS DECISION HAS BEEN FILED WITH THE PLA\'NING BOARD AND THE CITY CLERK.
SALEM BOARD OF APPEAL
BY
Secretary
•
(tlit of �5ttlem, L4
Paurb of �,PVAY , [' 12 03 PH '76 is
CITY ; LLi�'''S OFFICE
SALEM, MASS.
OCTOBER 19, 1976
DECISION ON THE PETITION OF HERITAGE TRUST FOR VARIANCES FOR SIDELINE AND SET-
BACK REQUIREMENTS FROM STREET AND PROPERTY LINES FOR THE PROPOSED CONSTRUCTION
OF ELEVEN BUILDINGS AT 197 DERBY STREET (B-5 DISTRICT) .
Hearing on this petition was held on October 19, 1976 with Chairman John M.
Gray, Sr. , and members Jane T. Lundregan, William Abbott, Arthur LaBrecque,
and Donald Eames present. Notices were duly mailed to abutters and others
in accordance with Massachusetts General Laws, Chapter 808.
Attorney Barry Plumkett represented the petitioner before the Board. He stated
that the complex will contain commercial, residential and a theatre, and the
variances requested are as follows:
1. To permit construction of Building F, as shown on Site Plan filed with
variance petition, (combined Residential and non-Residential use) within
fifteen (15) feet of Derby Street.
2. To construct buildings A_, _, and L, as shown on said plan, (combined
r.
Residential and non-Residential use) within 30 feet of abutting property
lines.
The petitioner stated that a study had been done and plans drawn up accord n g
to the study to make the best use of the land, commercially and astheticly.
The land is abutted on one side by the water. The petitioner further stated
that the side line and set back requirements from the street and property lines
as required by the Salem Zoning Ordinance would restrict developable portion
of the land and would thus render the buildings inconsistent with the surrounding
structures and the architectural character.
The Board voted unanimously to grant the variances as requested, . The Board
found that the property was unique because of its size and location. The Board
found that a literal enforcement of the provisions of the Zoning Ordinance
would involve substantial hardship. The Board further found that it could
grant the relief requested without any detriment to the public good, and with-
out derogating from the intent and purpose of the Zoning By-Law. It was found
that the granting of the variances would be to the benefit of the City of Salem.
GRANTED.
APPEALS FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF
THE MASSACHUSETTS GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY
DAYS AFTER THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
• VARIANCES GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION
BEARING THE CERTIFICATION OF THE CITY CLERK THAT TWENTY DAYS HAVE ELAPSED AND
NO APPEAL HAS BEEN FILED, OR THAT IF SUCH AN APPEAL HAS BEEN FILED IT HAS BEEN
DISMISSED OR DENIED AS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED
IN THE GRANTOR INDEX UNDER THE NAME OF THE OWNER OF RECORD, OR RECORDED AND
NOTED IN THE OWNER'S CERTIFICATE OF TITLE.
SALEM BOARD OF APPEAL, BY .,i�.• S�•.G "e;;.C4 l ''✓
Secretary / 4
Ctv of "Sttlem, gassadjusE##sRECEIVED
K
'= poarb of cAppul JUN N 10 45 AM '76
CITY CLEr,K'S OFFICE
WILLIAM F. ABBOTT - SALEM MA$A.
JOSEPH F. DOYLE
JOHN M.GRAY.SR. JUNE 15. 1976
ARTHUR E. LABRECQUE
JANE T. LUNDREGAN
DONALD E EAMES -
EMERY P. TANCH
DECISION ON THE PETITION OF INEZ REALTY TRUST FOR A SPECIAL PERMIT
UNDER SECTION V, PARAGRAPH C-10 FOR THE PROPERTY LOCATED AT 7 DODGE_
„STREET (FOLSOM'S SEAFOOD AND CHOWDER HOUSE - B-4 DISTRICT)
Hearing on this petition was held on June 15, 1976, Present were Chairman John M.
Gray, Sr. , Donald Eames, Arthur LaBrecque, William Abbott and Jane Lundregan.
Notices were duly mailed to abutters and others in accordance with Massachusetts
General Laws, Chapter 808.
Atty. Robert LeDoux represented the petitioner before the Board. The petition
asks for permission to allow the transfer of the retail food outlet to the addition
granted by the Board of Appeals on May 27, 1975, which would permit a 25 seat
expansion of the restaurant, in the section presently used for the retail sale of
fish. The Board Voted unanimously to grant the petition requested. The Board
noted that the Folsom Seafood and Chowder House has been a successful operation
4 • in Salem and felt that the expansion of this business would be an asset to the
community and therefore could grant such Special Permit without any detriment to
the surrounding neighborhood.
APPEALS FROM THIS DECISION, IF ANY SHALL BE MADE PURSUANT TO SECTION 17 OF THE
MASS GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY DAYS AFTER THE DATE
OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. A COPY OF THIS DECISION
HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
SPECIAL PERMIT GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION
BEARING THE CERTIFICATION OF THE CITY CLERK THAT TWENTY DAYS HAVE ELAPSED AND NO
APPEAL HAS BEEN FILED, OR THAT IF SUCH AN APPEAL HAS BEEN FILED IT HAS BEEN DISMISSED
OR DENIED AS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED IN THE
GRANTOR INDEX UNDER THE NAME OF THE OWNER OF RECORD, OR RECORDED AND NOTED ON THE
OWNER'S CERTIFICATE OF TITLE.
GRANTED SALEM nBOARD OF APPEAL
BY
ECRETARY p
J
of �$tttem, CItt $tttl�u�ef�F�v�o
Poxrb of Pffettt DEc .r i o3 PN 16
NOVEMBER 16, 1976 Sp�EM+MASS•
DECISION ON THE PETITION OF MARLAN REALTY TRUST, MARK R. KAPLAN TRUSTEE TO
CONVERT THE SECOND AND THIRD AND FOURTH FLOORS INTO THREE APARTMENTS AT
302 ESSEX STREET(B-3 District) .
Hearing on this petition was held on November 16, 1976 with members William
Abbott, Arthur LaBrecque, Donald Eames and Jane Lundregan present. Notices
were duly mailed to abutters and others in accordance with Massachusetts
General Laws, Chapter 808.
Mr. David Jaquith, the architect,for the building appeared for the petitioner.
He stated that although the building is located in a B-3 District it is
almost impossible to rent the second, third and fourth floors for business
purposes. He stated that this caused a hardship to the petitioner. Mr.
Jaquith further stated that the building was originally a town house and
that the plans include restoration of the building. The proposed apartments
are one bedroom, one to a floor and will rent for approximately $300.00
monthly. Mr. Jaquith stated that the Y.M.C.A. has offered at least three
parking spaces on a lease basis.
The Board voted to grant the variance as requested. . The Board found that the
t allowed use, which is a business use, is not a economically feisable use for
the second, third and fourth floors of the building. The Board therefore
found that hardship existed and voted to allow the use of the building for
residential purposes. The Board voted to allow said use on the condition
that the petitioner provide at least three parking spaces for the proposed
tenants.
GRANTED.
APPEALS FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF
THE MASSACHUSETTS GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY
DAYS AFTER THE DATE OF FILING OF THIS DECISION IN THE OFFICE ON THE CITY CLERK.
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERK.
VARIANCE GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION
BEARING THE CERTIFICATION OF THE CITY CLERK THAT TWENTY DAYS HAVE ELAPSED AND
NO APPEAL HAS BEEN FILED, OR THAT IF SUCH AN APPEAL HAS BEEN FILED IT HAS BEEN
DISMISSED OR DENIED AS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED
IN THE GRANTOR INDEX UNDER THE NAME OF THE OWNER OF RECORD, OR RECORDED AND
NOTED IN THE OWNER'S CERTIFICATE -OF TITLE.
SALEM BOARD OF /APPEAL
BY jz >
secretary
i
C r y
PE C-iVED
i�r'R i� 4� 11 '76
FEBRUARY 24, 1976 CITY GLLkf,^b UFFICE
SALEM. msA .
VALLIAM F. AD3OT(
JOSEPH F. DO'YLZ _ -
JOHN M.GRAY.S .
, "' 'UR E. LJ, REcy�:3"z DECISION ON PETITION OF WILLIAM F.. WHITE TO CONVERT. THE FIP.ST FLOOR
JANE 1. LF. bAMEAN OF 398 ESSEX STREET TO A DENTAL OFFICE AND TO CONTI NUE THE USE OF
DONALD F. FA4!F_5 -
E?APR` P. TAN,CH THE PRESENT OFF-STREET PARKING FACILITY.
Hearing on this petition was held on February 24,1976 with Chairman John M. Gray
Sr. , and members Jane T. Lundregan, William Abbott, Arthur-LaBrecque and Associate
Member Donald Eames present. Notices were duly mailed to abutters and others in
accordance with Massachusetts Law, Chapter 808.
Atty. Timothy Davern appeared for the petitioner. The petitioner desires to
convert the premises located at 398 Essex_ Street so that the fiat'floor thereof
may be used for his dental office with the continued use of the second floor
as an apartment. In order to use said premises for such purpose the petitioner
requires a Special Permit under the provisions of Section V of the Salem Zoning
• Ordinance, and he needs a variance in so far as the provisions of Article V,
Paragraph IA-2 since he will not reside in the dwelling. He also requests
permission to continue the use of the present off-street parking facilities.
Atty. Davern pointed out that the premises in question, which is located in an
R-2 Zone is in close proximity to an existing B-1 District where the use sought
is a permitted use. Atty. Davern also pointed out that the structure has been
used in the past as a medical office. There is parking in the rear of the building
for 3 cars, and parking is permitted along this section of Essex Street.
The Board voted unanimously to grant the Special Permit with the condition that
the dentist office and the apartment on the second floor be the only occupancy
allowed in the building, and that the facilities for three boarders would not be
used.
The Board found that the intended use would be in harmony with the surrounding
neighborhood, and would not derogate from the intent and purpose of the Zoning
Ordinance of the City of Salem,
SPECIAL PERMIT AND VARIANCE GRANTED IF-REIN SHALL NOT TALE EFFECT UNTIL A COPY OF
THE DECISION BEARING THE CERTIFICATION OF THE CITY CLERK THAT TWENTY DAYS HAVE
ELAPSED AND NO APPEAL HAS BEEN FILED, OR THAT IF SUCH AN APPEAL HAS BEEN FILED IT
HAS BEEN DISMISSED OR DENIED AS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND
INDEXED IN THE GRANTOR INDEX UNDER THE NAME OF THE OWNER OF RECORD, OR RECORDED
2-ND N071ED ON TIS OSTdER'S- CERTTFICAi_:�
OF TT
SALEM BOARD OF APPEAL
BY
Secretary !"
I
i9
C of
Pear3 of �ppral MAY [� i 30PN '76
CITY OFFICE
"UTAM F. ABBOTT
APRIL 27, 1976 SALEM, MASS.
JOSEPH F. DOYLE
JOHN M.GRAY,SR. -
ARTHUR E. LABRECQU9 DECISION ON THE PETITION OF FEDERAL REALTY TRUST FOR PERMISSION TO
JANE T. LUNDREGAN MAINTAIN A PROFESSIONAL OFFICE AT 60 FEDERAL STREET (SPECIAL PERMIT USE-
DONALD E EAMES R-3 DISTRICT).
EMERY P. TANCH - - i -
Hearing on this petition was held on April 27, 1976 with Board Members John M. Gray, Sr. ,
Arthur LaBrecque, Jane T. Lundregan and Associate Member Donald E. Eames present,
Notices were duly mailed to abutters and others in accordance with Massachusetts General
Laws, Chapter 808.
Atty. David Refkin, the occupant, represented Mr. Mello representative of the Federal
Realty Trust before the Board. Atty. Refkin presently occupies the building in question,
and wishes to purchase said building for use as a law office.
The Board voted unanimously to grant the Special Permit requested. The Board found
that the Special Permit use requested was one that was in harmony with the surrounding
neighborhood. The neighborhood houses Probate and Superior Court buildings and there
are several law offices in the surrounding area.
• The Board found that it could grant the request for said Special Permit without
derogating from the intent of the Salem Zoning Ordinance.
Appeals from this decision, if any, shall be made pursuant to Section 17 of the Mass.
General Laws, Chapter 808, and shall be filed within twenty days after the date of
filing of this decision in the office of .the City Clerk. A copy of this decision has
been filed with the Planning Board and the City Clerk.,
SALEMBOARDOF APPEAL
secretary -Z;:.-
•
„s
CO IICiN«iAL_'H OF ..-I!
Essex., Ss. Sii erior Court Civil Act ion No. 7391
H� 1L4N B. P-.�.303Y, J3. , et ?1 )
m
v. �.
,1UDGM NT
JOHN M. GR--Y, SH. , et als , )
EOWTD OF APPEALS OF S'.LEY , et als. )
This action came on for hearing before the Court, ,
J. presiding, on plaintiffs' motion for Summary Judgment and the
pleadings h ving been examined en:i the issues having been duly
considered;
It is Ordered and ldiud?ed,
1. That the decision of the Ho-rd of --Peals of S31em
filed idith the City Clerk of Salem on January 10, 1977,
purporting to grant to Herit=ge Co-Omer-ative- Bark, and :to
Health & Education Services , Inc . , a vari. nce from the
provisions of the Zoning 0-” innrce of Salem, as applied to
the premises numbered 95-97 'eder;l Street, in said City of
Salem, was in excess of the authority of said Board, and is
annulled , .
2. The Clerk-Magistrate of the Court is ordered to mail
within thirty days hereof z copy of this Judgment to said
Board of .'_ppeals, City Clerk, and Building Inspector of the
City of Salem, respectively.
By the Court , Cf M%y✓ri�f�(
ATISO
Dated: M10 ,
RU£ COPY, ATTES
DEPUTY ASST. CL-P
Poarb of Jaw 10 5 04 PH '71
CITY aiEN: �assF� ce
DECEMBER 14, 1976
DECISION ON PETITION OF HERITAGE COOP. BANK OF SALEM, MASS. ,OWNER AND HEALTH &
EDUCATION SERVICES, INC. , WHO HAS AN OPTION TO BUY PROPERTY FOR A VARIANCE TO
CONDUCT A GUIDANCE CENTER SERVICING SALEM, MARBLEHEAD, PEABODY, DANVERS, BOXFORD
TOPSFIELD AND MIDDLETON, ON THE PROPERTY LOCATED AT 95-97 FEDERAL STREET (R-2 Dist.)
Hearing on this petition was held on Tuesday, December 14, 1976 with members
Chairman John Gray, Donald Eames, William Abbott, Jane Lundregan, Arthur LaBrecque,
and Associate Member Douglas Hooper present.
Atty. Walter A. Costello, Jr. , 1 Salem Green appeared for the petitioner. He
stated that the building in question had been vacant since it was formerly used
as a nursing home. It contain 25 rooms and 8 bathrooms. The building was used
as a nursing home until about six months ago. The building is equipped with
sprinklers and fire detectors. The property at present is vacant. It was stated
that it would be economically unfeasible to use the building as a one or two
family house. The petitioner, Health and Education Services, Inc. has an option
to buy the property. The petitioner whose sole business is the North Shore
• Guidance Center:; is presently at 162 Federal Street, a few houses down from the
proposed relocation. HES, Inc. seeks a variance in order to continue conducting
r the business of a guidance center, serving the following communities, Salem,
Marblehead, Peabody, Danvers, Boxford, Topsfield, and Middleton. The petitioner
could purchase the property for $50,000.00, which is within its financial capabilities.
The petitioner, HES, Inc, said to its attorney that if it bought the property
there would be no alterations to the building, as it is suitable in its present
state.
Several abutters appeared in support of the petition. Several of the abutters
felt that the use proposed would be a better use than a boarding house or a six
family house, or that type of residential use. The clinic holds office hours
from 9:00 A.M. to 8:00 P.M. Monday through Thursday, and from 9:00 A.M. to 5:00 P.M.
on Friday, and it would be closed on weekends They service approximately 20.
people a day, and would .employ 18 on staff. The petitioner .would.have approximately
5,000_.square feet .for parking. - Two abutters appeared- in opposition.to thegranting
of -the--variance requested . The, abutters opposed on ;the ground that the,use proposed
__. -
--would _decrease tproperty value of the" surrounding` houses, ;and would not=be in
the_interest of thg_public good. '
_ =
The Board voted to grant the variance requested, 'The Board felt that the size of
the building, 25 rooms with 8 bathrooms, was a hardship and could not economically
be used for a residence, as allowed in a two family zone. The Board found that
the proposed use would be the best possible use for the surrounding neighborhood.
The Board felt that this proposed use would be preferable to either a boarding
house or a multi-family dwelling, and would cause less harmful effect on the
• neighborhood surrounding. The Board granted the petition with the following
conditions: 1. That the facility be used as an Out-patient facility only.
2. That it not be used as a drop-in center.
3. That the petitioner occupy the entire building, no renting of
space.
4. That they maintain the property and the grounds, as to snow
r
CITY CLGr e: 5 GFFICE
SALEM, MASS.
PAGE TWO - DECISION 95-97 FEDERAL ST. DECEMBER 14, 1976
removal etc., and that they landscape the parking lot.
The Board found that it could grant the petition requested without substantial
detriment to the surrounding neighborhood, and without derogating from the
intent of the Salem Zoning By-law.
GRANTED
APPEALS FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17, OF THE
MASSACHUSETTS GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN T14ENTY DAYS
AFTER THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. A
COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITYL RK
C E
VARIANCE GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION
BEARING I G THE CERTIFICATION OF THE CITY CLERK THAT TWENTY DAYS HAVE ELAPSED AND
• NO APPEAL HAS BEEN FILED, OR THAT IF SUCH AN APPEAL HAS BEEN FILED IT HAS BEEN
DISMISSED OR DENIED AS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED
IN THE GRANTOR INDEX UNDER THE NAME OF THE OWNER OF RECORD, OR RECORDED AND NOTED
IN THE OWNER'S CERTIFICATE OF TITLE.
SALEM BOARD OF APPEAL
BY
rl v'`J
/';:'Secretary.
-- _
•
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flit of tt1em, aSSUC UMMS o
Puxrb oft'AOV t t 04 PH 76
CITY i _ hi;`5 OFFICE
SALEM. MASS.
OCTOBER 19, 1976
DECISION OF JOHN J. CONNELLY, JR. , AND ELEANOR J. CONNELLY RE. LAND LOCATED
AT 180 FEDERAL STREET (R-2 DISTRICT) .
Hearing on this petition was held on October 19, 1976 with Chairman John M.
Gray, Sr. , and members Jane T. Lundregan, William Abbott, Arthur LaBrecque,
and Donald Eames present. Notices were duly mailed to abutters and others in
accordance with Massachusetts General Laws, Chapter 808.
Attorney Robert LeDoux represented the petitioners before the Board. He
stated that the petitioners are requesting a Special Permit to extend non-conforming
lots. The petitioners wish to transfer 600 feet of unencumbered land to 180A
Federal Street for the parking of cars. The right of way between the two
proposed lots will remain, and there will be no construction on the land.
The Board voted unanimously to grant the petition as requested. The Board
found that the Special Permit requested would in no way change the character
of the neighborhood, because the land would not be built upon and the lots
would remain as they are at present. The granting of the Special Permit
would be benificial to both the parties involved, and would solve parking
problems for the parties.
GRANTED.
APPEALS FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF
THE MASSACHUSETTS GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY
DAYS AFTER THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERK.
SPECIAL PERMIT GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION
BEARING THE CERTIFICATION OF THE CITY CLERK THAT TWENTY DAYS HAVE ELAPSED AND
NO APPEAL HAS BEEN FILED, OR THAT IF SUCH AN APPEAL HAS BEEN FILED IT HAS BEEN
DISMISSED OR DENIED AS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED
IN THE GRANTOR INDEX UNDER THE NAME OF THE OWNER OF RECORD, OR RECORDED AND
NOTED IN THE OWNER'S CERTIFICATE OF TITLE.
SALEM BOARD OF APPEAL
• BY
/Secretary
i
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CITY X4,, `5 0.FICE
SEPTEMBER 21. 1 £vMr HA$S•
DECISION ON THE PETITION OF JOHN J. CAMPBELL, TRUSTEE OF CAMPBELL REALTY TRUST
FOR A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 171-173 FORT AVENUE (B-2DISTRICT) .
Hearing on this petition was held on September 21, 1976 with Chairman John M.
Gray, Sr. , and members Jane T. Lundregan, William Abbott, Arthur LaBrecque and
Donald Eames present.
Attorney George Vallis represented the petitioners before the Board. The present
structure is non-conforming, it does not conform to the density regulations of
the Salem Zoning Ordinance. The petitioner desires to erect an addition for a
work shop to repair the amusement equipment, which would extend the non-conforming
use. He is requesting a Special Permit to allow the extension of .the non-conforming
use.
The Board voted unanimously to deny the petition requested. The Board found that
• the present building is one which covers almost the entire lot in .question. The
+ Board also noted that the building abuts an R-1 Zone and the Board found that it
could not grant a Special Permit as requested without substantial detriment to
the public good, and without derogating from the Salem Zoning Ordinance.
APPEALS FROM THIS DECISION, IF ANY SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY DAYS AFTER THE DATE OF
FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. A COPY OF THIS DECISION
HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
DENIED SALEM B0ARD OF APPEAL
BY
Secretary J^
i
RE"e"� of FIIPTIt� C�i1tt 5PCtI�LtBE fS
uttrb of ��Appwj
Cpy)ci:E8K"o�,)EHOE
Sb�EAbiNM85S. JUNE 22, 1976
WILLIAM F. ABBOTT
JOSEPH F. DOYLE
JOHN M.GRAY.SR.ARTHUR -
JANET. E LDREGA UI DECISION ON THE PETITION OF ROBERT M. MAGUIRE d/b/a YE OLDE SALEM
-JANE T. LUNDRE6AN
DONALD E. EAMES SANDWITCH SHOPPE AT 6 HAWTHORNE BLVD. FOR VARIANCES FROM THE SIDE
EMERY P. TANCH AND REAR SET BACKS IN ORDER TO ADD A ROOM CONTAINING APPROX. 500
SQUARE FEET OF SPACE FOR THE EXPANSION OF THE BUSINESS. (R-3 DISTRICT).
Hearing on this petition was held on June 22, 1976. Present were Chairman John M.
Gray, Sr., Donald Eames, Arthur LaBrecque, William Abbott and Jane T. Lundregan.
Notices were duly mailed to abutters and others in accordance with Massachusetts
General Laws, Chapter 808.
The petitioner, Mr. Maguire, represented himself before the Board. He stated
that a previous variances granted relief from parking requirements, and that
he had mostly walk-in trade of people coming from church for Sunday breakfast.
No one appeared in opposition.
• The Board voted to deny the variance as requested. Mr. Abbott stated that there
are apartments over the restaurant and that any added density could be detrimental
to the surrounding neighborhood.
APPEALS FROM THIS DECISION, IF ANY SHALL BE MADE PURSUANT TO SECTION 17 OF THE
MASS. GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY DAYS AFTER THE
DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. A COPY OF THIS
DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
DENIED
SALEM BOARD BOARD OF APPEAL
BY
SECRETARY ¢
i
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y r CITY C' 'S a FIC£
SALEM, MASS.
WILLIAM F. AS50171 FEBRUARY 24, 1976 .
JOSEPH F. DOYLE -
JOHN M.GRAY.SR. - -
ARTHUR E. LASRECQUs
JAN=_ T. LUNDREGAN DECISION ON THE PETITION OF MARVIN F. POCHARSKI TO CHANGE THE USE
DONALD E. EAMES OF THE BUILDING AT 22 HAMIORNE BLVD.. TO A BUSINESS USE.
EMERY P. TANCH
Hearing on this petition was held on February 24, 1976 with Chairman John 11. Gray, Sr.,
and members Jane T. Lundregan, William Abbott, Arthur LaBrecque and Associate Member'
Donald Eames present. Notices were duly mailed to. abutters and others in accordance
with Massachusetts Law, Chapter 808. -
Mr. Porcharski represented himself before the Board. He wishes to change the
premises located at 22 Hawthorne Blvd. , presently used as a Funeral Home and as
apartments, to use on the bottom floor of a Craft Shop. He stated that the crafts
sold would be similar to the type of handicraft sold in Rockport: Mr. Porcharski
said that he is presently using the building as a Funeral Home but does not wish to
continue in the business as it is not financially sucessful.
• The Board voted to deny the variance requested. The Board felt that the change
of the use from a residential use to a business use would not be appropriate to the
neighborhood and would derogate from the intent of the Zoning By-laws.
VARIANCE DENIED HEREIN SHALL NOT TARE EFFECT UNTIL A COPY OF THE DECISION BEARING
THE CERTIFICATION. OF THE CITY CLERK THAT TWENTY DAYS HAVE ELAPSED AND NO APPEAL HAS
BEEN FILED, OR THAT IF SUCH AN APPEAL HAS BEEN FILED IT HAS BEEN DISMISSED OR
DENIED AS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED IN THE GRANTOR
INDEX UNDER THE NAME OF THE OWNER OF RECORD, OR RECORDED AND NOTED ON TILE OWNER'S
CERTIFICATE OF TITLE.
SALEM BOARD OF APPEAL
BY
Secretary
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Poarb of c�F#Jkt&.i 1147 AV, '76 .
MAY 25. 1 776CITY CL-RK'S OFFICE
VOLLIAM F. ABBOTT SALEM. MASS.
JOSEPH F. DOYLE DECISION ON PETITION OF SALEX REALTY TRUST FOR A SPECIAL PERMIT UNDER
JOHN M.GRAY.SR.ARTHUR E LABREC(pUB SECTION 5, PARAGRAPH B TO ALLOW A PORTION OF HAWTHORNE SQUARE CENTER AT
JANE T. LUNDREGAN 227 HIGHLAND AVENUE TO BE USED FOR COMMERCIAL RECREATIONAL PURPOSES.
DONALD E. EAMES (B-2 DISTRICT), SAID PURPOSES TO INCLUDE ELECTRONIC GANES, SUCH AS
EMERY P. TANCH HOCKEY, BASEBALL, TENNIS, SOCCER AND OTHER.
Hearing on this petition was held on May 25, 1976. Present were Chairman John M.
Gray, Sr. , Donald Eames, Arthur LaBrecque, William Abbott and Jane Lundregan, Notices
were duly mailed to abutters and others in accordance with Massachusetts General Laws,
Chapter 808.
Atty. Robert LeDoux represented the petitioner before the Board. Petitioner seeks
a Special Permit under Section 5, Paragraph B-5 to use approximately 2,500 square feet
for commercial recreational purposes, said purposes to include electronic games, such
as hockey, baseball, tennis, soccer and other. A letter was received from Mrs. Effie
McDonald in opposition to the application, also Mr. Bert Voyer of Vincent Potato Chips
appeared in opposition. He stated the area has been plagued with vandalism since the
construction of Pequot Highlands and this room would bring more teenagers into the
neighborhood.
The Board voted unanimously to deny the petition on the grounds that said permit
would not be in harmony with the purpose and intent of the Salem Zoning Ordinance.
The Board felt that it could not grant said Special Permit without detriment to the
neighborhood.
Appeals from this decision, if any, shall be made pursuant to Section 17 of the Mass.
General Laws, Chapter 808, and shall be filed within twenty days after the date of
filing of this decision in the office of the City Clerk. A copy of this decision
has been filed with the Planning Board and the City Clerk
DENIED
SALEM BOARD OF APPEAL
BY
�cretary
I
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Of
APR 9�s
�cr`mvoa'r
CITY +i n;',' uFFICE
WILLIAM F. ABBOTT MARCH 23, 1976 SALEH. HASS.
JOSEPH F. DOYLE
JOHN M.GRAY,SR.
ARTHUR E. LABRECgUE DECISION ON PETITION OF DEBORAH W. HEATON FOR A SPECIAL PERMIT TO ADD
JANET. LUN A THIRD FLOOR APARTMENT TO AN EXISTINTWO .FAMILY HOUSE AT 28 HOWARD
DONALD E. EAMES AMES G
EMERY P. TANCH STREET, FOR A VARIANCE FROM REQUIRED PARKING. (R-2 DISTRICT)
Hearing on this petition was held on March 23, 1976 with Chairman John M.
Gray, Sr. , and members Jane T. Lundregan, William Abbott, Arthur LaBrecque and
Associate Member Donald Eames present. Notices were duly mailed to abutters
and others in accordance with Massachusetts General Law, Chapter 808.
Mrs. Heaton represented herself before the Board. She stated that the building
lent itself to the addition of another apartment as the third floor has hard-
wood floors and plastered walls. She stated the inability to rent it as an
apartment will cause hardship for the first and second floor tenants, in that
their rent will have to be increased considerably to pay anticipated real estate
tax increases.
Miss Alice Kuszmar appeared in opposition, and a letter was received from
the Planning Board in opposition to this petition. Councillor Swiniuch also
appeared in opposition and stated that there was a serious traffic problem
on the street.
The Board voted unanimously to deny the petition. The Board found that the
Special Permit requested was not in harmony with the purpose and intent of
the Salem Zoning Ordinance, and that the petitioner did not show any hardship
to sustain a variance from the parking requirements. There is a serious
traffic problem and parking problem on the street as is, and a variance from
the parking requirement could not be granted without substantial detriment
to the surrounding neighborhood.
Appeals from this decision, if any, shall be made pursuant to Section seventeen
(17) of Mass. General Laws, Chapter 808, and shall be filed within twenty days
(20) after the date of filing of this decision in the office of the City Clerk.
DENIED
SALEM BOARD OF APPEAL
Secrete tary !
•
:. RE CE VVED QlYtU of nlem, tffiEicittcllusett$
.! JAN I4 40 rN '76 IIttY� IIT
CITY Ci.EitR' . OFFICE
SALEM, MASS. DECEMBER 16, 1975
WILLIAM F. ABBOTT
JOSEPH F. DOYLE
JOHN M.GRAY,SR.
ARTHUR E. LABRECQUEDECISION ON PETITION OF FRED J. KASPRZYK TO CONSTRUCT A SINGLE FAMILY
JANET. LE. FAME FAMES G STREET �R DISTRICT) .AN
DONALD E. DWELLING AT 43 IRVINPETITIONER REQUESTS
-1 DISTRICT
EMERY P. TANCH VARIANCES FROM MINIMUM LOT REQUIREMENTS, SIDE LINES ON ONE SIDE,
AND FRONTAGE.
Hearing on this petition was held on December 16, 1975 pursuant to notices
mailed post paid to petitioner, Board Members, abutters, and a,blLtters 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, Arthur LaBrecque,
and Associate member Donald Eames present.
Mr. Kasprzyk represented himself before the Board. The petitioner asked that
the application of the Zoning Law be varied to allow for the construction
on the proposed dwelling. The lot in question contains 6,376 square feet,
which is less than the minimum lot area of 7,000 square feet. The dwelling
as shown on the plan has a side five foot five long on one side instead of
the required ten feet, . and also has a fifty foot frontage instead of the
required sixty feet. The petitioner pointed out that the lot is seperately
described on his deed. He also stated that the existing dwelling is too large
for himself and his wife to care for and maintain. . They intend to live in
the proposed dwelling and sell the existing dwelling to their son. The
petitioner said that the health condition of his wife required living on
one floor, and that the proposed dwelling will be a ranch style type dwelling.
The petitioner stated that financial hardship would result if the Board did
not grant the variance as requested. There were no objections from the
abutters.
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
the petitioner would suffer financial hardship if the variances were not
granted. The Board further felt it could grant the relief requested without
detriment to the public good, or substantially derogating from the intent
of the Zoning Ordinance.
Granted
CITY OF SALEM - BOARD OF APPEALS
� cretary ell
Tits; Of �u
PIIxrb af AyFral AN 54 Ali '76
f
WILLIAM F. ABBOTT MARCH 23, 1976 SALgM, MASS.
JOSEPH F. DOYLE
JOHN M.GRAY,SR.
ARTHUR E. LABRECQUE DECISION ON PETITION OF ANTHONY J. SPINAZZOLA, JR., D/B/A ADD-A-SIGN
JANET. LE. EA
EAMEAN CO. TO MAINTAIN TWO ON PREMISES SIGNS SAID SIGNS IN VIOLATION OF
DONALD E. MS , -
EMERYP. TANCH CHAPTER 3, . SECTION 55 OF THE SALEM SIGN ORDINANCE ON THE PROPERTY
OWNED BY TITUS FURNITURE COMPANY,65 JEFFERSON AVENUE.
Hearing on this petition was held on March 23, 1976. Present were Chairman
John M. Gray, Sr. , and members Jane T. Lundregan, William Abbott, Arthur
LaBrecque, and Associate Member Donald Eames. Notices were duly mailed to
abutters and others in accordance with Massachusetts General Laws, Chapter 808.
No one appeared before the Board representing the petitioner, therefore the
Board made its decision based on the facts at hand.
There are presently two movable porter trailer signs on the property at 65
Jefferson Avenue. Such signs are specifically prohibited by the Sign Ordinance.
The Salem Planning Department, represented by Gregory Senko appeared and spoke in
opposition to the granting of the variance.
• The Board voted unanimously to deny the variance requested. The Board found
that the type of sign being considered was not only contemplated when the
ordinance was being drafted, but this particular type of sign was found to have
such negative qualities, so as to cause them to be specifically prohibited by
the ordinance, also there wasnLidence of practical difficulty or unnecessary
hardship associated with this particular case. Therefore request for a variance
denied.
DENIED
SALEM BOARD OF APPEAL
By
Se retary
•
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CITY C�c i�'S uFF►CE
DECEMBER 14, 1976 SALEM.MASS'
WILLIAM F. ABBOTT
JOSEPH F. DOYLE
JOHN M. GRAY,SR. DECISION ON THE PETITION OF LEO A. CORBIN AND E. HARTLEY SMITH FOR
ARTHUR E. LABRECQUE VARIANCES FOR THE PREMISES LOCATED AT 229-231 JEFFERSON AVENUE AND
JANET. E. EAMES ADJACENT VACANT LAND R-3 and partial R-2 Districts
DONALD E. EAMES �
EMERY P. TANCH
Hearing on this petition was held on Tuesday, December 14, 1976 with members
Chairman John Gray, Donald Eames, William Abbott, Jane Lundregan, Arthur LaBrecque,
and Associate Member Douglas Hooper present.
Atty. Timothy Davern represented the petitioner before the Board. Variances are
requested to permit the construction of a Medical Office Building together with
16 parking spaces by combining four parcels into one. Relief is necessary from
side line and rear line setbacks. The petitioner purchased the property for
$60,000.00 plus other considerations, to wit if all necessary permits and licenses
are secured said Leo A. Corbin shall be permitted to occupy the premises in which
he presently resides for his lifetime, rent free with all real estate taxes being
paid by the buyers. The property in question is located approximately across
• the street from property which is zoned B-1, and is less than two blocks away
on the same side from an Industrial zone. Atty. Davern stated most on the land is
in a R-3 District but one corner appears to be in the R-2 District. He stated
that the plans submitted utilize the area in the best manner. The property slopes
and the building will conform to the conture of the land. He stated the proposed
building will be occupied by two physicians, Dr. E. Hartley Smith, a surgeon and
Dr. Ted Mitchell, a plastic surgeon, neither of whom would generate a great amount
of traffic.
Numerous abutters appeared both in favor and in opposition to the petition. The
abutters in opposition stated that there was severe parking congestion on the
street,- and there was, a traffic problem, in that several traffic accidents had
occured at _this ,location. A petition signed by 60 residents in the area in opposition'
was filed.
The petition was denied by a roll call vote of 3 Yeas, 2 Nays. Mr. Gray and Mrs
-Lundregan voting against the motion,=to deny. The Board found that-=there was no
hardshi roved to support the_-granting _
, `- P P pP g ng of a .variance.-- The also found that---
-b
hat .
because``of: the -present density_of th-esurroundin
g property, _and because of t=affic
hazards` in the area and parking problems that it could not grant a`variance without--
substantial detriment to the surrounding neighborhood.
DENIED
APPEALS FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17, of the
MASSACHUSETTS GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY DAYS
. AFTER THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. A
COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
SALEM BOARD OF APPEAL
BY
Secretary r�
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Aaarb of C,Pvenl 4Ai C7 i 36 14 '76
SkFrut�s.�*
CITY Ci_c-"u 'S UFFICE
WILLIAM F. ABBOTT APRIL 27, 1976 SALEM. MASS.
JOSEPH F. DOYLE -
JOHN M.GRAY,SR.
ARTHUR LABRECQUE DECISION ON PETITION OF DONALD R. OUELLETTE TO ERECT A SIGN IN
JANE T. LUNDREGAN VIOLATION OF THE SALEM SIGN ORDINANCE SECTION 3-45
DONALD E. EAMES at 241243 SEFFERSON AVENUE. ' PARAGRAPH D (4)
EMERY P. TANCH
Hearing on this petition was held on April 27, 1976 with Chairman Sohn M. Gray, Sr.,
Arthur LaBrecque, Sane T. Lundregan and Associate Member Donald E. Eames present.
Notices were duly mailed to abutters and others in accordance with Massachusetts General
Laws, Chapter 808.
Mr. Donald Ouellette, the petitioner represented himself before the Board.. The
petitioner wants to erect a sign which extends over the sidewalk. Such a sign is
in violation of the Salem Sign Ordinance. The .petitioner stated that he felt that
the variance should be granted because a flush mounted sign against the building would
be a hardship as people have difficulty locating the building. He also stated that the
present framework was necessary as the sign weights 100 pounds and it needs the support-
to secure it to the building.
• The Salem Planning Board objected to the granting of said variance.
The Board voted unanimously to grant said variance. The Board found after reviewing.both
the site and pictures of the site that there was evidence of both practical difficulty
in erecting the sign in accordance with the Salem Sign Ordinance, and unnecessary hard-
ship would be caused by the enforcement of the Ordinance. The framework for the sign
already exists and there has been a sign at the location for many years. The building
is lower than the surrounding buildings and a flush sign would be very insecure. In
view of these findings the Board voted to grant the variance.
VARIANCE GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION BEARING THE
CERTIFICATION OF THE CITY CLERK THAT TWENTY DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN
FILED, OR THAT IF SUCH AN APPEAL HAS BEEN FILED IT HAS BEEN DISMISSED OR DENIED AS
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED IN THE GRANTOR INDEX UNDER
THE NAME OF THE OWNER OF RECORD, OR RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF
TITLE. A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERK.
SALEM BOARD OF APPEAL
Yc
�ecretary
fluty of ' Ijenr'
a 3 �
Poarb of ��3 3 1u M '76
CITY CLL.'IA'S OFFICE
WILLIAM F. ABBOTT _JUNE 15. 1976 SALEM,MASS.
JOSEPH F. DOYLE '
JOHN M.GRAY.SR. -
ARTHUR E LABRECQUE DECISION ON THE PETITION OF YVONNE O'CLAIR TO USE APPROXIMATELY 8,225
E. FAME
DONALD E
JANE T. LAN SQUARE FEET OF THE PROPERTY LOCATED AT 250 JEFFERSON AVENUE FOR THE SALE
EMERY P. TANCH CH OF USED CARS. (BI DISTRICT)
Hearing on this petition was held on Juie 15, 1976. Present were Chairman John
M. Gray, Sr., Donald Eames, Arthur LaBrecque, William Abbott and Jane Lundregan.
Notices were duly mailed to abutters and others in
accordance with Massachusetts
General Laws, Chapter 808.
Mr. Anthony Lysiak represented the petitioner. He stated the business intends to
have approximately 25 to 30 cars for sale at one time and no junk cars will be
handled. He stated that the hours of operation would be approximately 9:00 A.M.to
8:00 P.M. Monday through Friday, and 9:00 A.M., to 3:00 P.M. on Saturday.
Councillor Saracen of Ward 3 appeared in favor. Some of the abutters appeared
in opposition to the said petition, including Joseph Ingemi, 48 Jefferson Avenue,
who stated that a portion of this land is in an R-2 District and that he is
• against the expansion of a business into a residential district.
The Board voted unanimously to deny the petition in question; The Board felt that
it could not grant the petition requested without substantial detriment to the
surrounding neighborhood and without derogating from the intent of the Salem'Zoning
Ordinance. The Board found that the land in question could not accomodate 25 to
30 cars and that a portion of the R-2 District would be used and therefore felt
that it could not justify the granting of said petition,
APPEALS FROM THIS DECISION, IF ANY SHALL BE MADE PURSUANT TO SECTION 17 OF THE
MASS GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY DAYS AFTER THE
DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. A COPY OF THIS
DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
DENIED
SALEM BOARD OF APPEAL
' S,ec}etary
of p alPm, �t °�?SL dSzY $o PECEiVED
• '�. F Paurb of Appeal UCt I b .i 44 PH '76
CITY 6tcti.t'S urFiCE
SEPTEMBER 15, 1976 SALEFf.HgSS.
DECISION ON PETITION OF PHILIP W. AND CAROLINE B. CAHILL FOR VARIANCES FOR THREE
PARCELS OF LAND ON LAFAYETTE PLACE, SHOWN AS PARCEL #1, PARCEL #2-LOT A, AND
PARCEL #2-Lot B.
Hearing on this petition was held on September .15, 1976 with Chairman John M.
Gray Sr, and members Jane T. Lundregan, William Abbott, Arthur LaBrecque and
Donald Eames present. Notices were duly mailed to abutters and others in
accordance with Mass. General Laws, Chapter 808,
Attorney Richard 0, Johnson represented the petitioners.before the Board. The
petitioners acquired the property in 1975 as an investment and stated it would be
a financial hardship if they could not use these lots for the construction of
single family houses. The lots are as follows:Parcel #1 has a 50 foot frontage
and an area of 6,550 square feet, the parcel containing the house is next and
is shown as Parcel #3. Parcel # 3 consists of two undersized adjacent lots;
Lot A with 6500 square feet and Lot B with 6,000 square feet. The Salem Zoning
ordinance requires a 7,000 square foot lot for the building of a single family
• home. Several abutters appeared in opposition to the granting of ,the variances
requested,
The Board voted unanimously to deny the petition requesting the variances. The
Board found that although the lot had been a buildable lot when the plan was first
recorded in the Registry of Deeds, the lot had been held in continuous ownership
for more than five years, and therefore were not buildable, The Board also found
that there was no hardship on the properties in question, and that it could not
grant the petitions requested without substantial detriment to the surrounding
neighborhood because of congestion and traffic problems in the neighborhood, .
DENIED
APPEALS FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE
MASSACHUSETTS GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY DAYS AFTER
THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. A COPY OF
THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK,
SALEM BOARD OF APPEAL
BY
• Secretary i
0)
Ju: I 5 44 AVifir3 of (�tpprA
CITY CLtAh'SuFFICE
SALEM. MASS.
WILLIAM F. ABBOTT JUNE 22, 1976
JOSEPH F. DOYLE
JOHN M.GRAY,SR. -
ARTHUR E LABRECQUE - -
-JANE T. LUNDREGAN
DONALD E EAMES DECISION ON PETITION OF 0. ROBERT TALBOT FOR A VARIANCE 'AT 152-154_
EMERY P. TANCH LAFAYETTE STREET. (R-3 District)
Hearing on this petition was held on June 22, 1976. Present were Chairman bhn M.
Gray, Sr. , Donald Eames, Arthur LaBrecque, William Abbott and Jane T. Lundregan.
Notices were duly mailed to abutters and others in accordance with Massachusetts
General Laws, Chapter 808.
Atty. Richard Daley appeared for the petitioner. The variance is requested for
the use on one apartment on the first floor of the building located at 152-154
Lafayette Street for use as a professional realty office. The building presently
has four apartments. Relief from off-streetarkin
p g is also requested. Atty.
Daley stated that a real estate office does not cause a great deal of traffic
as the agent usually takes the client to see the property for sale.
Several Abutters appeared in opposition and the Planning Board recommended that
the variance not be allowed.
It was voted unanimously to deny the variance requested. The Board found that
the petition did not prove a hardship. The Board also felt that it could not
grant said variance without substantial detriment to the surrounding neighborhood,
and there is a traffic problem and a parking problem on the street in question,
and it was felt that the granting of a professional realty office would aggravate
the present problems.
APPEALS FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE
MASS. GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY DAYS AFTER
THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. A COPY OF .
THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK,
DENIED.
SALEM BOARD OF APPEAL.
BY
i SECRETARY
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of
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MARCH 23, 1976 CITY CLL_ . '� i ICE
N71LLiAM F. ABBOTT SALEH, HASS.
JOSEPH F. DOYLE
JOHN M.GRAY,SR. DECISION ON THE PETITION OF ROYAL FORMAL WEAR, INC. , 183A LAFAYETTE
.ARTHUR E. IABRECgUE STREET FOR A VARIANCE FROM THE SALEM SIGN ORDINANCE CHAPTER 3-45 E.
JANE T. LUNDREGAN
DONALD E. EAMES
EMERY P. TANCH
Hearing on this petition was held on March 23, 1976 with Chairman John M. Gray, Sr, ,
and members Jane T. Lundregan, William Abbott, Arthur LaBrecque and Associate
Member Donald Eames present. Notices were duly mailed to abutters and others in
accordance with Massachusetts General Law, Chapter 808.
Paul Fernell, President of Salem Sign Co. appeared before the Board for the
petitioner. The petitioner Mrs, Rose Freedman, 245 Lafayette Street, Salem also
spoke in favor of the petition. Royal Formal Wear Inc. wishes to erect one
double faced sign on an existing sign structure for the purposes of identifying
its business. The proposed free standing sign addition results in a free standing
sign with more that two faces, Section 3-45 of the Salem Sign Ordinance provides
for the erection of "a free standing sign, provided that such sign has no more
than two faces. . .and the area of each face does not exceed sixty-five square feet",
The Royal Formal Wear and Marquis Insurance Signs do not exceed sixty-five square
• feet but the number of faces exceeds the two permitted,
The Petitioner stated that it was necessary to place the sign on the sidewalk
side of the pole for the street traffic to find Royal Formal Wear Inc. She
stated that if the sign is erected on the other side of the pole under the
Marquis sign it cannot be seen coming up Layfaette Street from Marblehead and it
can hardly be seen coming from the other direction,
Greg Senko of the Planning Department and Paul D'Amour of the Planning Board spoke
in opposition,
The Board voted unanimously to deny the variance requested, The Board took into
consideration that the Planning Department would approve the additional panel on
the sign if it were proportioned to the existing Marquis sign and was fitted
directly above or below the existing sign, as long as the total area did not exceed
the sixty-five foot limit and the height restrictions of the Sign Ordinance were
honored. The Board felt that there was no hardship proven to sustain a variance.
DENIED
SALEM BOARD OF APPEAL
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CITY CLtni'S Off ICE
SEPTEMBER 21, 1976 SALEMMASS.
DECISION ON THE PETITION OF RICHARD AND MARIE E. DENIS FOR A SPECIAL PERMIT FOR
PROPERTY LOCATED AT 10 LEVAL ROAD (R-1 DISTRICT) .
Hearing on this petition was held on September 21, 1976 with Chairman John M. Gray, Sr. ,
and members Jane T. Lundregan, William Abbott, Arthur LaBrecque and Donald Eames
present. Notices were duly mailed to abutters and others in accordance with Mass.
General Laws, Chapter 808.
Attorney Robert Ledoux represented the petitioners before the Board. The petitioners
are requesting a varian c e under Section 5, Paragraph C-10 for an addition to expand
their present dining area. They have a present side yard of 5.3 feet and they wish
to remove an existing carport and hallway and construct an addition with a smaller
carport in front of the addition, which would be'1.1 foot closer to the existing
non-conforming side line. The proposed addition therefore would be 4.2 feet from the
sidelines.
Mr. Albert Pero, an abutter, appeared in opposition.
. The Board voted to grant the petitioner a variance to expand his house on the land
where the existing carport now sits, but the Board voted not to allow the petitioner
to further encroach on the sideline, therefore the Board granted the Special Permit
requested in part.
The Board found that it could do so without derogating from the existing Zoning
Ordinance or without detrimental effect on the surrounding neighborhood.
APPEALS FROM THIS DECISION, IF ANY SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY DAYS AFTER THE DATE OF
FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. A COPY OF THIS DECISION HAS
BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
SPECIAL PERMIT GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION
BEARING THE CERTIFICATION OF THE CITY CLERK. THAT TWENTY DAYS HAVE ELAPSED AND NO
APPEAL HAS BEEN FILED, OR THAT IF SUCH AN APPEAL HAS BEEN FILED IT HAS BEEN DISMISSED
OR DENIED AS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED IN THE GRANTOR
INDEX UNDER THE NAME OF THE OWNER OF RECORD, OR RECORDED AND NOTED IN THE OWNER'S
CERTIFICATE OF TITLE.
GRANTED - PARTIAL SALEM BOARD OF APPEAL
BY
Secretary
3(�
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YVVUnA F. ASIOTT FEBRUARY 23, 1976
JOS=PH P. DOYLIE
JOHN MI..s3;jY,s?:. DECISION ON PETITION OF LUCILLE KIRBY, 92 LINDEN STREET FOR A -
MTHUR [.A 2FZ- rr!jU SPECIAL PERMIT TO ADD A THIRD FLOOR APARTMENT. TO AN EXISTING
VON_ lUwDdE_nA TWO FAM HOUSE LOCATED AT 92 LINDEN STREET. (R-2 ZONES)
Dora.;!D E. eA.,iS
HNi3Y C. TS ',Cii - '
Hearing on this petition was held on February 23, 1976 with Chairman John M. Gray
Sr. , and members Jane T. Lundregan, William Abbott, Arthur LaBrecquc and
Associate Member Donald Eames. present. Notices were duly mailed to abutters
and others in accordance with Massachusetts General Laws, Chapter 808.
The petitioner was represented before the Board by James H. Ballou, Architect.
The residence is presently a two-family home in a two-family district. The
petitioner stated that the building is similar in size and shape to three family
residences nearby, across the street, in the Salem State College area. The
petitioner further stated that she was a widow and needed the income from a
third apartment.
The Board voted to deny the Special Permit and variance requested. The Board
did not feel that there was substantial hardship which runs with the land.
Appeals from this decision, if any, shall be made pursuant_ to Section seventeen (17)
of Mass. General Laws, Chapter 808, and shall be filed within twenty days (20)
after the date of filing of this decision in the office of the City Clerk.
SALEM BOARD OF APPEAL
DENIED
BY
iSecretary � z, —
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Ctg of Salem, n99a
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CITY OLLriN'S OFFICE
OCTOBER 19 1976 SALEM, MAM
DECISION ON THE PETITION OF WALTER B. POWER FOR PROPERTY LOCATED AT 18 LORING
AVENUE (R-2 DISTRICT) ,
Hearing on this petition was held on October 19, 1976 with Chairman John M.
Gray, Sr. , and members Jane T. Lundregan, William Abbott, Arthur LaBrecque,
and Donald Eames present. Notices were duly mailed to abutters and others in
accordance with Massachusetts General Laws, Chapter 808,
The petitioner represented himself before the Board. He proposed to divide
an existing eight room apartment containing 2,175 square feet of floor space,
four rooms and a hall up and four rooms and a hall-down into two four room
apartments of approximately 1,000 square feet each. The petitioner stated
that he has owned the house for 14 years, and that. the eight room apartment
is difficult to lease, as it is very large and therefore the rental must be
high. He stated that the proximity of the house to Salem State College
• makes it inappropriate for two family use. The house is very large and
presently has two eight room apartments, one four room apartment and one three
room ,apartment, for a. total of four apartments..
The Board voted unanimously to grant the petition requested, The Board found
that the size of the house and the character of the neighborhood sustained
a finding of hardship on the property. The house is in a neighborhood near
Salem State College, and the neighborhood has several students and very few
families with children. The Board found that the size of the house made it
economically unfeasible to be occupied as a two family house. The Board found
that it could grant the variance requested without substantial detriment to
the surrounding neighborhood and without derogating from the intent of the
Salem Zoning Ordinance.
GRANTED,
APPEALS FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF
THE MASSACHUSETTS GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY
DAYS AFTER THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERK.
VARIANCE GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION
BEARING THE CERTIFICATION OF THE CITY CLERK THAT TWENTY DAYS HAVE ELAPSED AND
NO APPEAL HAS BEEN FILED, OR THAT IF SUCH AN APPEAL HAS BEEN FILED IT HAS, BEEN
DISMISSED OR DENIED AS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND
INDEXED IN THE GRANTOR INDEX UNDER THE NAME OF THE OWNER OF RECORD, OR RECORDED
AND NOTED IN THE OWNER'S CERTIFICATE OF TITLE,
SALEM BOARD OF APPEAL
BY S/ 1nr
ecretary
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CITY LLi:iws UffICE
SALEM.MASS.
WILLIAM F. ABBOTT JUNE 15, 1976
JOSEPH F. DOYLE
JOHN M.GRAY,SR.ARTHUR -
JANET. E. LABRGAN DECISION ON THE THE PETITION OF ROB & ROD REALTY TRUST TO REHABILITATE
JANE T. LUNDREGAN
DONALD L EAMES AND CONVERT THE EXISTING BUILDING AT 25 LYNDE STREET TO TWO APARTMENT
EMERY P. TANCH UNITS (B-3 DISTRICT),
Hearing on this petition was held on June 15, 1976. Present were Chairman John M.
Gray, Sr., Donald Eames, Arthur LaBrecque, William Abbott and Jane Lundregan.
Notices were duly mailed to abutters and others in accordance with Massachusetts
General Laws, Chapter 808.,
Atty. Timothy O'Keefe appeared for the petitioners. He stated that although this
side of the street is zoned B-3 there are no businesses located there. The building
was used as a gift shop for years, and his clients have tried for 4 months to lease the
property for business purposes with no success. The Board also took note of the
fact that the other side of the street is a residential area and is zoned for residential
use.
The Board voted unanimously to grant the petition as requested. The Board felt that
• since the opposite side of the street is zoned for residences, and since no businesses
existed on the B-3 side- of the street, that the petitioner was at a disadvantage in
attempting to rent the property out for business purposes. The Board felt that this
was a sufficient hardship to support the granting of a variance for said property.
The Board felt that it could grant said variance without derogating from the surround-
ing neighborhood.
APPEALS FROM THIS DECISION, IF ANY SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS
GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY DAYS AFTER THE DATE OF
FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. A COPY OF THIS DECISION
HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
VARIANCE GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION BEARING
THE CERTIFICATION OF THE CITY CLERK THAT TWENTY DAYS HAVE ELAPSED AND NO APPEAL HAS
BEEN FILED, OR THAT IF SUCH AN APPEAL HAS BEEN FILED IT HAS BEEN DISMISSED OR DENIED
AS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED IN THE GRANTOR INDEX
UNDER THE NAME OF THE OWNER OF RECORD, OR RECORDED AND NOTED ON THE OWNER'S CERTIFICATE
OF TITLE.
GRANTED
SALEM BOARD OF APPEAL
BY �.� ��� �,C,nd DRi
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CITY C.
L SALE►j,HASSFiCE
VALLIAM F. ABBOTT MAY 25. 1976
JOSEPH F. DOYLE
JOHN M.GRAY.SR. - -
ARTHUR
JANET. E. DREGA UE DECISION ON THE PETITION OF ZOEL LABRIE FOR PERMISSION TO CONSTRUCT
JANE T. LUNDREGAN
DONALD E EAMES A FOUR UNIT APARTMENT BUILDING AT 13 NICHOLS STREET (R-1 DISTRICT).
EMERY P. TANCH
Hearing on this petition was held on May 25, 1976. Present were Chairman John M.
Gray Sr., Donald Eames, Arthur LaBrecque, William Abbott and Jane Lundregan. Notices
were duly mailed to abutters and others in accordance with Massachusetts General
Laws, Chapter 808.
Mr. Labrie represented himself before the Board. Mr. Labrie stated that all the
houses in the area are located directly on the street and that there are many four
family and two family houses on the street.
The Board voted unanimously to deny the petition requested. The Board felt that
there was no hardship shown to support the variance from the Salem Zoning Ordinance,
and that said ordinance could not be varied without substantial detriment to the
neighborhood.
APPEALS FROM THIS DECISION, IF ANY SHALL BE MADE PURSUANT TO SECTION 17 OF THE
MASS. GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY DAYS AFTER THE .
DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. A COPY OF THIS
DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
DENIED
SALEM BOARD OF APPEAL
r�
BY ,4 iry� i Ani a
Secretary
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CITY C�r:•.
SAIEM•MASS.
VALLIAM F. ABBOTT JANUARY 20, 1976
JOSEPH F. DOYLE
JOHN M.GRAY,SR. - -
ARTHUR E. IABRECQUE
JANE T. LUNDREGAN
DONALD E. EAMS DECISION ON PETITION OF ANNE MARIE ALETTER (WE&VER'S AUTO SALES)
EMERY P. TANCH TO CONSTRUCT A 20 FOOT BY 20 FOOT BUILUING TO CONNECT.TWO EXISTING
BUILDINGS, ONE AT 83-85 NORTH STREET AND ONE AT 1 SOUTH MASON ST.
(Industrial District)
Hearing on this petition was held on January 20, 1976 pursuant to notices
mailed postpaid to 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, Arthur LaBrecque
and Associate member Donald Eames present,
The applicant failed to appear, therefore in accordance with its rule the
Board decided the matter using the information which had been received by the
Board prior to the Public Hearing. No one appeared in opposition at said
Public Hearing. The plan showed that the petitioners wish to construct a
small connecting building from 83-85 North Street to a now existing building
at 1 So. Mason Street, Both lots of land are located in Industrial Districts,
the two lots however, are under separate ownership. In order to construct
the building the petitioner will need variances from the density requirements
of the Salem Zoning Ordinance. It was also noted that the two lots in
question are not owned by the same person.
The Board voted unanimously to grant the petition subject to the condition that
the land of which the building. is located will be held in part ownership, there-
fore the variances are granted on recognition that the petitioner will take the
proper steps to insure that said land is held in common ownership.
GRANTED WITH CONDITION CITY OF SALEM
�- BOARD OF APPEAL
cretary �
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CITY CLei'%A'J Or:fICE ICE
SALEM, MASS. CI `
SALEF , MASS.
"LLIAM F. ABBOTT
JOSEPH F. DOYLE JANUARY 20, 1976
JOHN M.GRAY,SR.
ARTHUR E LABRECQUE - -
JANE.T. LUNDREGAN
DONALD E. FAMES DECISION ON PETITION OF PETER W. RICE FOR VARIANCES REQUIRED FOR THREE
EMERY P. TANCH BUILDINGS LOCATED AT 15 NORTHEY STREET (Industrial zone)
a
Hearing on this petition was held on January 20, 1976 pursuant to notices mailed
postpaid to 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, Arthur LaBrecque and Associate member Donald
Eames present,
Atty. Robert Bowes appeared for the petitioner. The lot at 15 Northey Street
is located in an Industrial Zone. There are three structures located on the
lot. One structure is presently used as a house, a residential use. One
structure is used to conduct a retail business in sales of ceramics. The
third structure is used as a factory for manufacturing. The petitioner wishes
to change the one-family house to a two-family house. He wishes to use the
• building which is presently used for the sale of ceramics as a woodworking shop
and storage area, and also to put a studio apartment on the second 'floor. The
third structure he wishes to use as an automobile repair shop. The petitioner
needs relief from parking requirements. The buildings are presently non-conforming
in regard to density requirements. The petitioner stated that there would only
be a small increase in traffic and that eleven parking spaces would be provided.
He stated no substantial changes will be made in -the character or appearance of
the buildings. Mr. Rice is 22 years old, single, and resides in Marblehead with
his father, He has two businesses of his own and is a trained automobile mechanic.
He presently leases property and can only handle 3 cars, at this location he
could handle 5. He wishes to move on to the property and would occupy one apartment
in Building A. He plans to make a studio apartment on the second floor of
Structure B. On the back of the lot (Structure C) is the building to be used as
an automotive repair garage. This property is located in an industrial zone and
the uses are permitted. Atty. Bowes stated Mr. Rice only needs the variances in
regard to parking and land area requirements. He has a purchase and sales agreement
for the parcel if the necessary variances can be obtained, He stated Mr. Rice
has 2 employees, and uses contract laborers for his carpentry work. Mr. Gray
asked if there was a road to the third building. No a driveway.
In opposition Mr. Gray read' 2 letters, one from Ruth C. Morgan and one from Mary E.
Morgan, and a petition signed by 43 residents of the area, Mr, Nicolo A. Barletta,
son-in-law of Mrs. Mary E. Morgan, 14 Northey Street spoke in opposition. He
stated this area was previously zoned residential and the residents have requested
that it be changed back to residential. All access to this property is from
Northey Street and if a right of way is made at another location some of the
parking spaces proposed will be lost. He stated that the Fire Department should
investigate for safety. There will not be space left for snow to be placed in a
storm. Traffic will be increased, as will dust and fumes. He felt the Police
Of $ale a, RECE:4ED
nttra of T ettl FEB 5 43 Ar,, '76
�C:MIVBOT' '
CITY CLc6:K'5 OFFICE
FNILLIAM F. ABBOTT - SALEM. MASS.-
JOSEPH F. DOYLE PAGE TWO- DECISION - PETER RICE - 15 NORTHEY STREET
JOHN M.GRAY.SR. -
ARTHUR E. LABRECQUE
JANE T. LUNDREGAN -
DONALD E. EAMES
EMERY P. TANCH
Chief should investigate and report. He stated any licenses and permits
required for the storage of gasoline and oil should be obtained. He stated
that Building B will be a mixed occupancy, and the addition of a dwelling
unit over a high hazard will require a sprinkler system. He stated there are
no plans for a storm drain, and that storm water cannot be drained into the
sewer system. He objected to the notice of the hearing not being sent to
residents across the street. Mr. Bowes stated that there will be no gasoline
storage.
Mr. Donald P. Sabin, 34 Northey Street, spoke in opposition. He stated the
area is overcrowded and the children are playing in the street. Mrs. Linda
Dinisman, 9 Northey Street stated that she has spent money to fix up her
house and she .does not want. a garage in the neighborhood. Councillor Swiniuch
spoke in opposition. He stated that he cannot understand why this land is
• zoned Industrial as it is in a residential area. He stated that he feels
that Mr. Rice will have to utilize some of the parking spaces for the storage
of cars while he is waiting for parts. He stated he has requested a zoning
change through the City Council, and would like no changes to be made in
the area until it can be accomplished. Mary Morgan, 14 Northey Street said
she has talked to the Fire Marshal about fire safety in this area.
Mr. Bowes spoke in rebuttal. He stated that this property is Industrial and
the uses are permitted by the Zoning Ordinance. The problems of the neighbor-
hood are there regardless of 'Mr. Rice' s proposal. He stated Mr. Rice is ready
to meet all the requirements of the law. Mr. Abbott asked if anyone was doing
business there now. Yes, Mr. Deschenes the present owner has a ceramic business.
Mary Barletta, daughter of Mrs. Morgan spoke in opposition. She said there
has been a home occupation there for years and no one objected, but no one
wants industry in the neighborhood.
Mr Eames moved to deny the petition. Mr. Abbott asked why. Mrs. Lundregan
stated that because this parcel is zoned industrial she did not feel that. the
Board had the authority to add additional residential uses. Mr. Eames answered
Mr. Abbott's question as to his reason for denying that there was insufficient
parking and no hardship.
Mr. Bowes on hearing the discussion informed the Board that Mr. Rice would be
willing to forego the apartment over the retail store in Building ,B, which would
eliminate two of the required parking spaces. He also felt the addition of
• a second apartment in Building A was not a change in a non-conforming use.
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C111 CLE:hN S OFFVCE
SALEM, MASS.,
WLLIAM F. ABBOTT
JOSEPH F. DOYLE - -
JOHN M.GRAY,SR. PAGE THREE - DECISION - PETER RICE - NORTHEY STREET
ARTHUR E. LABRECQUE
JANE T. LUNDREGAN
DONALD E. EAMES
EMERY P. TANCH _
He stated the hardship runs with the land, variances will be required for
anyone to be able to use it, Mrs. Lundregan stated that when Industrial Zoning
abutted Residential, the Board should protect the interests of the residents.
Mr. Abbott questioned what would become of the land. Will it become vacant?
He felt any additional noise was far removed from the neighbors. The building
is now a 3 stall garage.
Mrs. Lundregan stated that the woodworking shop does not bother her, but
the garage does. Mr. Abbott stated he thought there was a right of way on
the property.
Mr. Bowes requested permission for Mr. Rice, the petitioner to speak.Permission
granted. Mr. Rice stated he owns 2 businesses in Salem and presently leases
space. He has always done everything required of him in the operation of
his businesses. He said when he decided to purchase property for his business
and residence he was informed this parcel was Industrial and therefore anticipated
no problems. He does 80% of his carpentry work on the location he is restoring,
the cars are fixed by appointment .and certainly would keep the property up
as it would also be his home.
Mr. Eames withdrew his motion. Mr. Abbott moved petition be granted with the
elimination of the apartment on the second floor of Building B. The Board
voted to grant the petition with the elimination of the apartment on the
second floor of the building which is to be used as a woodworking shop. It is
noted that the elimination of said studio apartment will provide more parking
spaces for the industrial uses.
The land is located in an Industrial Zone and the uses proposed are uses allowed
in an Industrial Zone, except for the Residential use which is non-conforming.
The Board felt that it could grant relief from the parking requirements without
substantial detriment to the surrounding neighborhood
SALEM BOARD OF APPEAL
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PIIMrb Df PMI DEC i ^v3 f H 16
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NOVEMBER 16, 1976 CITY pLEMASSF`CE
.M
DECISION ON THE PETITION OF JOHN F. LOUREIRO TO O)NVERT A TWO-FAMILY HOUSE
AT 51-53 OCEAN AVENUE TO THREE FAMILY BY THE ADDITION OF A THIRD FLOOR
APARTMENT. (R-2 District)
Hearing on this petition was held on November 16, 1976 with members William
Abbott, Arthur LaBrecque, Donald Eames and Jane Luudregan present. Notices
were duly mailed to abutters and others in accordance with Massachusetts
General Laws, Chapter 808.
The building had at one time housed three units. Since 1969 only the
first and second floors have been rented. Atty. Manning stated that there was
parking sufficient for five cars. The house is close to Lafayette Street
which is Multi-family, and the adjoining house is three family, and' the house
abutting the adjoining house is a four family house.
The Board voted to grant the petition requested. The Board found that it
could grant the Special Permit without detriment to the surrounding neighbor-hood.
Several of the houses in the district are presently three family. The house
in question is quite large and has sufficient parking. The Board therefore
found that it could grant said Special Permit without derogating from the
intent of the Zoning By-Laws.
GRANTED
APPEALS FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF
THE MASSACHUSETTS GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY
DAYS AFTER THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERK.
SPECIAL PERMIT GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION
BEARING THE CERTIFICATION OF THE CITY CLERK THAT TWENTY DAYS HAVE ELAPSED AND
NO APPEAL HAS BEEN FILED, OR THAT IF SUCH AN APPEAL HAS BEEN FILED IT HAS BEEN
DISMISSED OR DENIED AS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED
IN THE GRANTOR INDEX UNDER THE NAME OF THE OWNER OF RECORD, OR RECORDED AND
NOTED IN THE OWNER'S CERTIFICATE OF TITLE.
SALEM BOARD OF APPEAL
BY
secretary'
(94U IIf 7inte tT, 4ffa,55ar4U6j VE1)
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CITY CLLr5 OFFICE
WILLIAM F. ABBOTT SALEM.MASS.
JOSEPH F. DOYLE
JOHN M.GRAY,SR. JUNE 15. 1976
ARTHUR E LABRECQUQ
JANE T. LUNDREGAN -
DONALD E EAMES
EMERY P. TANCH DECISION ON THE PETITION OF RICHARD B. OTENTI TO CONVERT AN EXISTING
THREE FAMILY HOUSE AT 21 OCEAN TERRACE AN R-1 DISTRICT TO FOUR FAMILY
Hearing on this petition was held on June 15, 1976. Present were Chairman John M.
Gray, Sr., Donald Eames, Arthur LaBrecque, William Abbott and Jane Lundregan.
Notices were duly mailed to abutters and others in accordance with Massachusetts
General Laws, Chapter 808.
Mr. Otenti the petitioner appeared to represent himself. The petitioner wishes
to add another apartment to the house located at 21 Ocean Terrace for his mother.
Several abutters appeared in opposition to the granting of said petition, and
stated that the neighborhood already had problems with overcrowding and parking
and noise and that any additional density would only increase said problems.
The Board voted unanimously to deny said petition requested. The Board felt it
could not grant the petition without substantial detriment to the surrounding
neighborhood and without derogating from the intent of the Salem Zoning Ordinances
DENIED
APPEALS FROM THIS DECISION, IF ANY SHALL BE MADE PURSUANT TO SECTION 17 OF THE
MASS GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY DAYS AFTER THE
DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. A COPY OF THIS
DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
SALEM BOARD OF APPEAL
�-
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Paurb of �Fyral MAY N 36 °N 76
CITY Gj"E WS OFFICE
- 1PIILLIAM F. ABBOTT _ APRIL 27, 1976 SALEM. MASS.
JOSEPH F. DOYLE
JOHN M.GRAY.SR.ARTHUR -
JANET. E. LABRGAN DECISION ON THE PETITION OF RONALD AND LORRAINE DIONNE FOR A VARIANCE
JANET. LE. EAMEAN FROM THE SIDE YARD REQUIREMENTS, IN ORDER TO BUILD AN ADDITION AT THE
DONALD E. FAMES. Q
EMERY P.TANCH REAR OF THE HOUSE LOCATED AT 23 ORCHARD STREET (R-2 DISTRICT) .
Hearing on this petition was held on April 27, 1976 with Board Members John M. Gray,
Sr., Chairman, Arthur LaBrecque, Jane T. Lundregan and Associate Member Donald E. Eames
present. Notices were duly mailed to abutters and others in accordance with Massa-
chusetts General Laws, Chapter 808.
Mr. Dionne represented himself before the Board.. They wish to demolish .the existing
porch, which measures 8 feet by 12 feet, in order to add a new 14 feet by 15 feet
family room, with fireplace. They presently have a non-conforming side yard of 3 feet
and the new additon would extend back with the same side line of 3 feet. There is
sufficient backyard density.
The Board voted unanimously to grant the variance requested. The Board found that
there was very sufficient back yard and that the denial of.this variance would cause
hardship to .the petitioner, which was unnecessary. The Board found that the variance
could be granted without any detriment to the surrounding neighborhood.
k
VARIANCE GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION BEARING THE
CERTIFICATION OF THE CITY CLERK THAT TWENTY DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN
FILED, OR THAT IF SUCH AN APPEAL HAS BEEN FILED IT HAS BEEN DISMISSED OR DENIED AS
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED IN THE GRANTOR INDEX UNDER
THE NAME OF THE OWNER OF RECORD, OR RECORDED AND NOTED ON THE OWNER'S CERTIFICATE
OF TITLE. A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE
CITY CLERK.
SALEM BOARD OF APPEAL
BY
ecretary
s ( HU of '�$ttlPm, nS52tr4lt69ftjjEIYE0
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Poarb of C�"Pal JUN 23 II 47 AH '76
CITY CLERK'S OFFICE
VALLIAM F. ABBOTT - MAY 25. 1976 SALM MASS.
JOSEPH F. DOYLE
JOHN M.GRAY.SR.
ARTHUR E LABRECQUE
T. LUNDREGAN E. EAMES
DONALD E. EAMES DECISION ON THE PETITION OF PHILIP B. GRONDIN FOR A VARIANCE AT
EMERY P. TANCH 20 OSBORNE STREET (R-2 DISTRICT) FOR THE EXTENSION OF A NON-CONFORMING
SIDE YARD BY THE ADDITION OF A REAR PORCH.
Hearing on this petition was held on May 25, 1976. Present were Chairman John
M. Gray, Sr.,Donald Eames, Arthur LaBrecque, William Abbott and Jane Lundregan.
Notices were duly mailed to abutters and others in accordance with Massachusetts
General Laws, Chapter 808.
Philip B. Grondin, the petitioner, represented himself before the Board. He
stated that this was the only practical way to expand his house. There was
no opposition.
The Board voted to grant the petition by unanimous vote. The Board felt that
it could grant said petition without substantial detriment to the surrounding
. neighborhood or without derogating from the intent of the Salem Zoning Ordinance.
APPEALS FROM THIS DECISION, IF ANY SHALL BE MADE PURSUANT TO SECTION 17 OF THE
MASS. GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY DAYS AFTER THE
DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. A COPY OF THIS
DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
VARIANCE GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION
BEARING THE CERTIFICATION OF THE CITY CLERK THAT TWENTY DAYS HAVE ELAPSED AND
NO APPEAL HAS BEEN FILED, OR THAT IF SUCH AN APPEAL HAS BEEN FILED IT HAS BEEN
DISMISSED OR DENIED AS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED
IN THE GRANTOR INDEX UNDER THE NAME OF THE OWNER OF RECORD, OR RECORDED AND NOTED
ON THE OWNER'S CERTIFICATE OF TITLE.
GRANTED
SALEM BOARD OF APPEAL
(Secretary 4
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CITYSALEMP MASS.
WILLIAM F. ABBOTT DECEMBER 14, 1976
JOSEPH F. DOYLE
JOHN M.GRAY,SR. DECISION ON THE PETITION OF CHARLES H. MC MANUS, JR. TO CONVERT A
ARTHUR E. LABRECQUE TWO FAMILY HOUSE TO THREE FAMILY BY THE ADDITION OF A THIRD FLOOR
JANET. LUNAPARTMENT AT 13 PICKMAN STREET DISTRICT)
DONALD E. EAMES AMES EET �R- ICT)
EMERY P. TANCH
Hearing on this petition was held on November 16, 1976 with members William Abbott,
Arthur LaBrecque, Donald Eames and Jane Lundregan present. Further evidence on
the petition was taken on the December 14th 1976 meeting, in regard to parking.
Mr. McManus represented himself before the Board. He stated that there was over
1,000 square feet of finished floor space on the third floor of the building
located on Pickman Street, and that the space is presently being used as a work-
shop for handmade furniture. He stated that he has worked in the architectural
field for six years and has improved the building considerably. No exterior
changes will be made. He submitted a list of abutters who were in favor of his
petition. A .letter was received from the Planning Board recommending the petition
be denied. The petitioner also needed relief from off-street parking regulations.
• At the December 14th meeting Mr. McMannus submitted pictures showing that five
cars could be parked on the property.
The Board voted to grant the petition as requested. The Board found that it
could grant the Special Permit requested without substantially derogating from
the Salem Zoning Ordinance, and without any detriment to the surrounding neighbor-
hood.
GRANTED
APPEALS FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17, OF THE
MASSACHUSETTS GENERAL LAWS, -CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY DAYS AFTER
THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. A COPY OF
- THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
SPECIAL PERMIT GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION
BEARING THE CERTIFICATION OF THE CITY CLERK THAT TWENTY DAYS HAVE ELAPSED AND .
NO APPEAL HAS BEEN FILED, OR THAT IF SUCH AN APPEAL HAS BEEN FILED IT HAS BEEN .
DISMISSED OR DENIED AS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED
IN THE GRANTOR INDEX UNDER THE NAME OF THE OWNER OF RECORD, OR RECORDED AND NOTED
IN THE OWNER'S CERTIFICATE OF TITLE.
SALEM BOARD OF APPEAL
BY -,e- .
S .cretary
G,,aa'A
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Register of Deeds Essex Reg. Deeds,So. Dist.
Salem, Mass.
Received for record on the .----- .--- .......day o _. _e&x,c, . 19.. .7
at ----.b. ----- o'clock an --_-------------- minutes -------- ..M.
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JULY 8, 1976 CITY 'LE;;.a.,; OFFICE
WILLIAM F. ABBOTT SALEM. HAS$,
JOSEPH F. DOYLE
JOHN M.GRAY,SR. DECISION ON THE PETITION OF ARTHUR BONSANG REQUESTING PERMISSION
ARTHUR E LABRECQUE TO ENCLOSE A CARPORT LOCATED AT 7 PIONEER CIRCLE WITHOUT THE
JANET. LAN
E. FAME
DONALD E. FAMES REQUIRED SIDE YARD OF TEN FEET, (R-1 ZONE)
EMERY P. TANCH
Hearing was held on this petition on Thursday, July 8,1976 at 8:00 P.M.
Present were Chairman John M. Gray, Sr. , Donald Eames, William Abbott and
Jane T. Lundregan. Notices were duly mailed to abutters and others in
accordance with Massachusetts General Laws, Chapter 808,
Atty. Joseph McKay represented the petitioner before the Board. The car-port
has been in existence for nine years, but was not enclosed, The petitioner
enclosed the carport without obtaining the necessary building permit. He
then discovered that such building was in violation of the ten foot side.
requirement provision of the Zoning Ordinance, therefore he is requesting
the variance in order to make the structure a legal one, within the Zoning
Ordinance. Atty. McKay stated that he thought there was a hardship in this
case because Mr. Bonsang has suffered a heart attach and has been ill and
that to require him to take down the carport would cause physical and
financial hardship.
6
Several abutters submitted letters stating that they have no objections
to the carport. No opposition appeared before the Board.
The Board voted unanimously to grant the variance requested. The Board felt
that it would be a hardship to require the petitioner to remove the carport,
and although the Board did not approve of the fact that the petitioner erected
the carport without the necessary permits. The Board felt that. in light of
the fact that the neighbors and the abutters signed a petition in favor of
said permit supported findings that said variance would not derogate from the
surrounding neighborhood and would not be detrimental to the neighborhood,
APPEALS FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE
MASS, GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY DAYS AFTER
THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK, A COPY OF
THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK,
VARIANCE GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION
BEARING THE CERTIFICATION OF THE CITY CLERK THAT TWENTY DAYS HAVE ELAPSED AND
NO APPEAL HAS BEEN FILED, OR THAT IF SUCH AN APPEAL HAS BEEN FILED IT HAS BEEN
DISMISSED OR DENIED AS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED
IN THE GRANTOR INDEX UNDER THE NAME OF THE OWNER OF RECORD, OR RECORDED AND NOTED
ON THE OWNER'S CERTIFICATE OF TITLE,
SALEM BOARD OF APPEAL
GRANTED
BY
SECRETARY ?{
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CITYSAUE , MASS.
JUNE 221_1976
WILLIAM F. ABBOTT
JOSEPH F. DOYLE
JOHN M.GRAY,SR. -
ARTHUR
JANET. E.NDREGA UE DECISION ON THE PETITION OF KENNETH SAVORY TO DIVIDE AN EXISTING
JANE T. LUNDREGAN
DONALD E EAMES FIVE APARTMENT HOUSE LOCATED AT 5 PORTER ST. CT. (R-3 DISTRICT) -
EMERYP. TANCH INTO SEVEN APARTMENTS. A VARIANCE I§ REQUIRED TO EXTEND A NON-
CONFORMING REAR PORCH, AND FOR RELIEF FROM THE REQUIRED PARKING.
Hearing on this petition was held on June 22, 1976. Present were Chairman
John M. Gray, Sr. , Donald Eames, Arthur LaBrecque, William Abbott and
Jane T. Lundregan. Notices were duly mailed to abutters and others in
accordance with Massachusetts General Laws, Chapter 808.
Kenneth Savory, the petitioner, represented himself before the Board. He
stated the property has eight parking spaces instead of the ten and one-half
required. The Salem Planning Board recommended that the petition be denied,
because of the high density and the parking and traffic problems in the
neighborhood.
Some abutters also appeared in opposition and stated that the neighborhood
has a definate parking problem and that the granting of said variance would
increase the traffic problem in the neighborhood.
The Board voted to deny the petition. The Board felt that the petitioner
had not shown the necessary hardship to support a variance. The Board also
felt that it could not grant the variance without substantial detriment to
the surrounding neighborhood because of traffic and parking problems in
the neighborhood.
APPEALS FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17
OF THE MASS. GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY DAYS
AFTER THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE
CITY CLERK.
DENIED SALEM BOARD OF APPEAL
BY /� C7T.C.-
SECRETARY 4
r �[1'Y C.D15Zt
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9
CITY GLL,�I\'J
WILLIAM F. nssor; Ji flri
SAILE1' Nass. FEBRUARY 23, 1976
JOSEPH r. DOYLI
JUHN M,
AUHU^ = !s'" '`-r`�`'= DECISION ON TIF6 PETITION OF JOHN J. COAriTELLY III OF 135 HO�T.TEI1
JANET. tu,;u _6AN STREETL�ONALD F, , DANVERS, FOR A SPECIAL- PERMIT FOR THE PREMISES LOCATED AT
n.E"Y F. TANr_-''H 1 RAYMOND ROAD (R-1 DISTRICT) .
Hearing on this petition was held on February 23, 1976, pursuant to notices
mailed postpaid to abutters and others in accordance with Mass. General Laws,
Chapter 808, Present were Mr. John m. Gray, Sr. , Chairman, and Board Members
Jane T. Lundregan, Arthur LaBrecque, William Abbott and Associate Member Donald
Eames.
Atty. Robert Ledoux spoke for the petitioner. The petitioner Nvishes to change
the use of the structure located at 1 Raymond Road to a two-family dwelling,
The structure has been used until recently as an eleven room nursing home. The
petitioner stated that the nursing home had sixteen patients and that the con-
version to a two-family house would be a lesser non-conforming use. They have
twice as many parking spaces as required by the zoning ordinance. it was stated
that there were also other two-family houses in the neighborhood.
The Board voted unanimously to grant the petition, The Board found that the use
• requested would be more in conformity with the neighborhood than the present non-
conforming use and therefore that the change to the use requested would be appro-
priate.
Appeals from this decision, if any, shall be made pursuant to Section seventeen (17)
of Mass, General Laws, Chapter 808, and shall be filed within twenty days (20)
after the date of filing of this decision in the office of the City Clerk, .
Pursuant to Mass. General Laws, Chapter 808, Section 11, the Special Permit granted
herein, shall not take effect until a copy of the decision, bearing the certifica-
tion of the City Clerk that twenty days have elapsed and no appeal has been filed
or that if such appeal has been filed, that it has been dismissed or denied, is
recorded in the South Essex Registry of Deeds and indexed under the name of the
owner or record or is recorded and noted on the otmer's certificate of title.
Copies of this decision have been filed tiw`_th the Planning Board and the City
Clerk pursuant to Mass General Laws, Chapter 808, Section 11,
GRANTED
SALEM BOARD OF APPEAL• � Secretary
J
L.:
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Poarb of �ppral UC' 18 1 44 f'fi '76
CITY CLLA,il; OFFICE
SEPTEMBER 21, 1976 SALEM, MASS,
PETITION OF PETER M. RICHARD AND PAULINE HUBLEY FOR A SPECIAL PERMIT FOR THE
PROPERTY LOCATED AT 43 ROSLYN STREET (B-4 DISTRICT) .
Hearing on this petition was held on September 21, 1976 with Chairman John M. Gray, Sr. ,
and members Jane T. Lundregan, William Abbott, Arthur LaBrecque and Donald Eames
present.
Attorney Robert Ledoux represented the petitioners before the Board. The petitioners
wish to convey to their next door neighbor, a strip of land with 18 foot frontage
and extending 50 feet back, which had been acquired separately in 1965. The land in
question would not be built upon and would in no way change the character of the
street or the two lots in question.
The Board voted unanimously to grant the Special Permit requested. The Board found
that it could do so without substantial detriment to the public good or derogating
from the intent of the Salem Zoning Ordinance.
• APPEALS FROM THIS DECISION, IF ANY SHALL. BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY DAYS AFTER THE DATE OF
FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. A COPY OF THIS DECISION
HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
SPECIAL PERMIT GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION
BEARING THE CERTIFICATION OF THE CITY CLERK THAT TWENTY DAYS HAVE ELAPSED AND NO
APPEAL HAS BEEN FILED, OR THAT IF SUCH AN APPEAL HAS BEEN FILED IT HAS BEEN DISMISSED
OR DENIED AS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED IN THE GRANTOR
INDEX UNDER THE NAME OF THE OWNER OF RECORD, OR RECORDED AND NOTED IN THE OWNER'S
CERTIFICATE OF TITLE.
GRANTED
SALEMM BOARD OF APPEAL
BY !. J
Secretary
i j
�Tf J of 'Salem, cfflassurD
PvUrb of AppraNDY t' IZ 04 PH '76
CITY CLLAfi'S UFFICE
SEPTEMBER 21, 1976 SAIEMMASS.
DECISION ON THE PETITION OF THE SPANISH AMERICAN CLUB OF SALEM, INC. TO USE
THE EXISTING NON-CONFORMING BUILDING AT 51 SALEM STREET (R-3 DISTRICT) AS A
PRIVATE CLUB,
Hearing on this petition was held on September 21, 1976 with Chairman John M.
Gray, Sr. , and members Jane T. Lundregan, William Abbott, Arthur LaBrecque
and Donald Eames present, Notices were duly mailed to abutters and others
in accordance with Massachusetts General Laws, Chapter 808.
Atty. Maurice Chouinard represented the petitioners, and stated the property
is at the corner of Salem and Palmer Sts. , and the club entrance will be on
Palmer Street. He stated that he realized there were parking problems in the
area, but that most of the Spanish-American people live in the arm and would
be walking to the club. He submitted 150 individually signed statements in
favor of the club. There were many abutters appearing in opposition to the
petition because parking, vandalism and traffice problems already existing,
and the fact that a private club would increase these problems in a residential
. area. The hearing was closed, and the decision postponed until the October 19,
1976 meeting.
The matter was taken up on October 19, 1976 with Chairman John M. Gray, Sr. ,
and members Jame T. Lundregan, William Abbott, Arthur LaBrecque and Donald Eames
present.
The Board voted to deny the variance requested, although the Board was in
sympathy with the desire of the people in the area to have a social club in the
neighborhood, The Board found that it could not grant such a use in a residential
neighborhood without detriment to the surrounding neighborhood. Although it
would be a private club it is commercial in nature, in that it would attract
large numbers
g of persons and if the petition were granted
the club i
ntended to
seek ek an alcohol beverage license. Also there was evidence presented that the
neighborhood, at present, has parking problems and that the particular piece of
property in question has been the scene of much vandalism and trouble in the
past. Therefore, the Board found that it could not grant the variance requested
without substantial detriment to the public.
DENIED,
APPEALS FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17^'OF THE
MASSACHUSETTS GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY DAYS
AFTER THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK, A
COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
• SALEM BOARD OF APPEAL,
n
j
BY
/Secretary
i.
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PrIarb ITT �Ppettl Aust i 38 M '1b
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CITY �Lr' 'S uFFICE
WILLIAM F. ABBOTT JULY $, 1976 SALEM, MASS.
JOSEPH F. DOYLE
JOHN M. GRAY,SR. -
ARTHUR E LABRECQUE DECISION ON THE PETITION OF GIFT PHARMACIES INC, d/b/a VINNIN
JANET. LUNSQUARE PHARMACY & GIFT SHOP TO REPLACE AN EXISTING SIGN WITH.
DONALD E FAMESAMES Q
EMERY P. TANCH A NEW SIGN AT 4 STATE ROAD. (B-2 ZONE) THE PROPOSED SIGN IS IN
VIOLATION OF THE SALEM SIGN ORDINANCE.
Hearing was held on this petition on Thursday, July 8, 1976 at 7:30 P.M.
Present were Chairman. John M. Gray, Sr. , Donald Eames, William Abbott and
Jane T. Lundregan. Notices were duly mailed to abutters and others in
accordance with Massachusetts General Laws, Chapter 808.
Mr. Harvey Lazarus, the petitioner, represented himself before the Board
The proposed sign is in violation of the Salem Sign Ordinance because it
is located on the roof of the building. Such signs are not allowed under
the ordinance.
A letter was received from the Planning Department stating that they do not
feel that the granting of relief from the sign location requirements of the
ordinance in this particular case would derogate from the purpose of the
sign ordinance. The store in question is located in the Vinnin Square Shopping
Center and in the complex all of the buildings have signs located on the
roof,
The Board voted to grant the variance requested. The' Board noted that in this
particular case there were practical difficulties in the enforcement of the
Sign Ordinance. All of the buildings in the complex have signs on the roof
and it would be un-harmonious to locate the signin question q on the building,
the Board therefore felt that it could grant the variance requested without
dero at'
in from the intent of the Salem g g Si Ordinance,i ance or without derogating
g g
from the surrounding neighborhood.
APPEALS FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE
MASS. GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY DAYS AFTER
THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. A COPY OF
THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
VARIANCE GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION
BEARING THE CERTIFICATION OF THE CITY CLERK THAT TWENTY DAYS HAVE ELAPSED AND
NO'APPEAL HAS BEEN FILED, OR THAT IF SUCH AN APPEAL HAS BEEN FILED IT HAS BEEN
DISMISSED OR DENIED AS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED
IN THE GRANTOR INDEX UNDER THE NAME OF THE OWNER OF RECORD, OR RECORDED AND NOTED
ON THE OWNER'S CERTIFICATE OF TITLE.
GRANTED SALEM BOARD OF APPEAL
n
BY
SECRETARY
�j pp Otu of '�$ttlPm, C' �zs ext ltsP##s RECEIVED
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a •�� Pnttrb of Jati 23 ii 47 AV, '16
CITY CLEAK'S OFFICE
WILLIAM F. ABBOTT MAY 25, 1976 SALEM, MASS.
JOSEPH F. DOYLE
JOHN M.GRAY.SR.
ARTHUR L LABRECQUS _
JANE T. LUNDREGAN
DONALD E EAMES DECISION ON THE PETITION OF CAROL J. FOURNIER, OWNER, AND GARY H.
EMERY P. TANCH PALARDY AND BERNICE B. HARTNETT, TENANTS, FOR THE CHANGE OF THE
NON-CONFORMING USE OF THE BUILDING AT 75 SUER STREET (R-2 DISTRICT)
FROM A VARIETY STORE TO A CATERING SERVICE.
Hearing on this petition was held on May 25, 1976. Present were Chairman John M.
Gray, Sr., Donald Eames, Arthur LaBrecque, William Abbott and Jane Lundregan,
Notices were duly mailed to abutters and others in accordance with Massachusetts
General Laws, Chapter 808.
Mr. Palardy, one of the petitioners, represented the petitioners before the Board.
The building in the past has been used as a variety store. The petitioners wish
to change said non-conforming use from a variety store to a catering service. The
petitioners have leased the store and obtained a catering license nct knowing that
the location was not zoned for business. The petitioner stated that they will be
operating strictly as a catering of sandwiches operation. There will be no retail
sales and no cooking on the premises. He said there will be a minimal number of
deliveries and they will all be scheduled on the same day of the week and will be
made in the driveway in the rear of the store. The petitioners further stated
that they do not have to cook on the premises, and they do not have insurance to
cover such an operation.
Mr. Stanley Backoritis who has owned property at 3 Mt. Vernon St. since the 1940's
appeared in opposition. He stated Summer Street is ane-way and this business
will increase the traffic. He was also concerned with odors.
The Board voted unanimously to grant the petition with the following conditions:
That there be no cooking on the premises, and
There shall be no retail sales from the premises
The petition is granted limiting the operation to a catering business only.
GRANTED - WITH CONDITIONS.
APPEALS FROM THIS DECISION, IF ANY SHALL BE MADE PURSUANT TO SECTION 17 OF THE
MASS. GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY DAYS AFTER THE
DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. A COPY OF THIS
DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
VARIANCE GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION BEARING
THE CERTIFICATION OF THE CITY CLERK THAT TWENTY DAYS HAVE ELAPSED AND NO APPEAL
HAS BEEN FILED, OR.THAT IF SUCH AN APPEAL HAS BEEN FILED IT HAS BEEN DISMISSED OR
DENIED AS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED IN THE GRANTOR
INDEX UNDER THE NAME OF THE OWNER OF RECORD, OR RECORDED AND NOTED ON THE OWNERdS
CERTIFICATE OF TITLE.
ecre LaL„ oar o pea
��tQWI�• /�� /
Titg of �$ttlem, C4 ffttssaelpse##s
RECEIVED
P oarb of ��r
zaj Ah LJ 47 AN ']s
WILLIAM F. ABBOTT MAY 25 1976 CITY C1 aRX'S OFFICE
.
JOSEPH F. DOYLE SALEMr MASS.
JOHN M.GRAY.SR.
ARTHUR E tDREGA of DECISION ON THE PETITION OF JOHN M. WARD TO INSTALL AN IN-GROUND POOL
JANE T. LUNDREGAN
DONALD E EAMNCH AT 3 SUTTON TERRACE WITHOUT THE NECESSARY. 6 FOOT REAR YARD REQUIREMENTS.
EMERY R TANCH (R-1 District)
Hearing on this petition was held on May 25, 1976. Present were Chairman John M.
Gray, Sr. , Donald Eames, Arthur LaBrecque, William Abbott and Jane Lundregan. Notices
were duly mailed to abutters and others in accordance with Massachusetts General Laws,
Chapter 808.
Mr. Ward, the petitioner, appeared in favor. There was no opposition.
The Board voted unanimously to grant the petition of said John M. Ward. The Board
felt that it could grant said petition without substantial detriment
surrounding neighborhood, and without in any way derogating from the to the
intent of the
Salem Zoning Ordinance.
SPECIAL PERMIT GRANTED HEREIN SHALL NOT TARE EFFECT UNTIL A COPY OF THE DECISION
BEARING THE CERTIFICATION OF THE CITY CLERK THAT ED _
APPEAL HAS BEEN FILED, OR THAT IF SUCH AN APPEAL HAS BEEN FILED VITEHASSBEEN DIS-
MISSED OR DENIED AS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED IN
THE GRANTOR INDEX UNDER THE NAME OF THE OWNER OF RECORD, OR RECORDED AND NOTED
ON THE OWNER'S CERTIFICATE OF TITLE.
GRANTED
SALEM BOARD OF APPEAL
BY
Secretary �
S
of
PVarb of APF961u 04 PM '76
CITY c,_;" s OFFICE
OCTOBER 19, 1976 SALEM. MASS.
DECISION ON THE PETITION OF MADELINE GALPER, MURRAY P. GALPER, AND JONAS
GALPER, 7 HARRIS STREET (R-2 ZONE) TO DIVIDE A LOT RUNNING FROM 8 UPHAM
STREET TO 7 HARRIS STREET, CONTAINING 5,844 SQUARE FEET.
Hearing on this petition was held on October 19, 1976 with Chairman John M.
Gray, Sr. , and members Jane T. Lundregan, William Abbott, Arthur LaBrecque
and Donald Eames present. Notices were duly mailed to abutters and others in
accordance with Massachusetts General Laws, Chapter 808.
Attorney Philip Litman represented the petitioner before the Board. He stated
that the lot, at present, contains two separate structures, owned by two
separate persons, and that a mistake in the deed was made when the conveyance
of the property at 8 Upham Street was made to Mark Phillips. By error the
deed encompassed both buildings. The dividing line was meant to be the
fence. The petitioner and Mr. Phillips reached an agreement whereby Mr.
Phillips gave the petitioner a quitclaim deed for the disputed property.
The Board voted unanimously to grant the petition requested. The Board found
the literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship to both parties. 1 The Board found that the deed
was given in error and that two separate buildings had existed 'on the property
before: the Zoning Ordinance went into effect, therefore due to special
conditions effecting the particular parcel of land there is a hardship.
The Board felt also, that it could grant the relief requested without substantial
detriment to the public good, or without derogating from the intent of the
Zoning By-law.
GRANTED
APPEALS FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF
THE MASSACHUSETTS GENERAL LARS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY
DAYS AFTER THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
VARIANCE GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION
BEARING THE CERTIFICATION OF THE CITY CLERK THAT TWENTY DAYS HAVE ELAPSED AND
NO APPEAL HAS BEEN FILED, OR THAT IF SUCH AN APPEAL HAS BEEN FILED IT HAS BEEN
DISMISSED OR DENIED AS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED
IN THE GRANTOR INDEX UNDER THE NAME OF THE OWNER OF RECORD, OR RECORDED.>AND
NOTED IN THE OWNER'S CERTIFICATE OF TITLE.
• SALEM BOARD OF APPEAL
BY
;'Secretary
s£µ.camly�.
... (gitu of 'Salem' assac4usetts E D
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CITY c: rC'S OFFICE
EM.
SEPTEMBER 15, 1976 SALMASS.
DECISION ON THE PETITION OF CLARK F. FINNISS FOR A VARIANCE FOR THE PROPERTY
LOCATED AT 70 WARD STREET (R-3 DISTRICT) .
Hearing on this petition was held on September 15, 1976 with Chairman John M.
Gray, Sr., and members Jane T. Lundregan, William Abbott, Arthur LaBrecque, and
Donald Eames present. Notices were duly mailed to abutters and others in accord-
with Massachusetts General Laws, Chapter 808.
Attorney Donald Kolemaa represented the petitioner before the Board. The lot
is an undersized lot and is located in an R-3 District, but has always been used
for commercial purposes. The neighborhood is basically a commercial neighborhood.
The building located on the property burnt down recently and the petitioner wishes
to construct a new building which would be used for commercial purposes,
The Board voted unanimously to grant the petition as requested. The Board found
• that the size of the lot and character of the surrounding neighborhood made the
lot one which would not be compatable with residential uses. The Board found that
to deny the petition as requested would cause hardship to the petitioner because
of the character of the neighborhood and the size of the lot, therefore the Board
voted to grant the petition requested, and found that it could do so without
substantial detriment to the surrounding neighborhood and without derogating
from the intent of the Salem Zoning by-laws.
RANTED
APPEALS FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF
THE MASSACHUSETTS GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY
DAYS AFTER THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
VARIANCE GRANTED HEREIN SHALL NOT TAIT EFFECT UNTIL A COPY OF THE DECISION BEARING
THE CERTIFICATION OF THE CITY CLERK THAT TWENTY DAYS HAVE ELAPSED AND NO APPEAL
HAS BEEN FILED, OR THAT IF SUCH AN APPEAL HAS BEEN FILED IT HAS BEEN DISMISSED
OR DENIED AS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED IN THE
GRANTOR INDEX UNDER THE NAME OF THE OWNER OF RECORD, OR RECORDED AND NOTED IN
THE OWNER'S CERTIFICATE OF TITLE.
SALEM.BOARD OF APPEAL
BY
/Secretary y'
(ILit of �$ ajem, c4ffias!aar. Adta
CITY !;LLh -)' UFFICE
SALEM, MASS.
OCTOBER 19, 1976
PETITION OF BARTON SQUARE REALTY TRUST TO CONVERT THE THIRD AND FOURTH
FLOORS OF THE BUILDING LOCATED AT 136-146 WASHINGTON STREET
AND 1 BARYON
SQUARE INTO 12 RESIDENTIAL UNITS. (B-3 DISTRICT)
Hearing on this petition was held on October 19, 1976 with Chairman John M.
Gray, Sr. , and members Jane T. Lundregan, William Abbott, Arthur LaBrecque,
and Donald Eames present. Notices were duly mailed to abutters and others
in accordance with Massachusetts General Laws, Chapter 808.
Attorney George Vallis represented the petitioner before the Board. The
petitioner wishes to convert the third and fourth floors of the present four
story building into twelve dwelling units containing six 1 bedroom and
six 2 bedroom apartments, and to install an elevator to servile the 3rd and
4th floors, and also to tear down the present 3 storied dwelling structure
located at 1 Barton Square to provide for off-street parking for approximately
18 cars. The petitioner is appearing before the Board because a multi-family
dwelling is not included as a permitted use in the B-3 District, and there-
fore needs a variance in order to proceed with the above plans. The petitioner
stated it was impractical and virtuously impossible to rent the upper two
stories of the built facility for office use for which it is presently zoned.
He also pointed out that the building is located across the street from the
B-5 District in which multi-family dwelling units are a permitted use.
The Board voted unanimously to grant the petition requested. The Board found
that the inability of the petitioner to rent the upper floors for office
purposes caused a hardship on the petitioner, The Board also found that
the petition could be granted because it would be in harmony with the surround-
ing neighborhood, and would in fact be an asset to the surrounding neighborhood.
GRANTED.
APPEALS FROM THIS DECISION, IF ANY, SHALL .BE MADE PURSUANT TO SECTION 17 OF
THE MASSACHUSETTS GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY
DAYS AFTER THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
VARIANCE GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION BEARING
THE CERTIFICATION OF THE CITY CLERK THAT TWENTY DAYS HAVE ELAPSED AND NO APPEAL
HAS BEEN FILED, OR THAT IF SUCH AN APPEAL HAS BEEN FILED IT HAS BEEN DISMISSED
• OR DENIED AS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED IN THE
GRANTOR INDEX UNDER THE NAME OF THE OWNER OF RECORD, OR RECORDED AND NOTED IN
THE OWNER'S CERTIFICATE OF TITLE.
SALEM BOARD OF APPEAL
/S}
BY
Secretary
v
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' n = 22 GH '7G Psarb of (tAypval
of"= CITY CLrii S OFFICE
SALEMMASS.
WILLIAM F. ABBOTT JANUARY 20, 1976
JOSEPH F. DOYLE
JOHN M.GRAY,SR.
ARTHUR E. LAB RDECISION ON PETITION OF JOHN A. FEMINO TO MAINTAIN A BARBER SHOP
JANE T. LUNDREGAN GAN -
DONALD E. EAMES IN AN R-2 ZONE (70 WEBB STREET)
EMERY P. TANCH
Hearing on this petition was held on January 20, 1976 pursuant to
notices mailed postpaid to 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, Arthur LaBrecque, and Associate member Donald Eames
present.
Atty. Barry Plunkett appeared for the petitioner. The structure
at 70 Webb Street is presently a non-conforming use, having previously
been used as a variety-grocery store. Petitioner seeks a Special
Permit in order to- change to a different non-conforming use. Evidence
was presented that the structure has not been used for some time and
• that it is not in condition to be used as a home.
The Board voted unanimously to grant said petition. It was found
that the new use would be equally appropriate to the district as the
previous use as a variety-grocery store. _
CITY OF SALEM - BOARD OF APPEALS .
GRANTED
BY:
retary
i
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Poarb of �p;t�xl . Uc o 44 FH ,76
CITY Cic . .
SALEM,MASSrICE
SEPTEMBER 15, 1976
DECISION ON THE PETITION OF PETER COPELAS FOR THE PROPERTY LOCATED AT 7 WEBSTER
STREET, (R-2 DISTRICT) .
Hearing on this petition was held on September 15,. 1976 with Chairman John M.
Gray, Sr., and members Jane T. Lundregan, William Abbott, Arthur LaBrecque, and
Donald Eames present. Notices were duly mailed to abutters and others in accord-
ance with Massachusetts General Laws, Chapter 808,
Attorney Donald Koleman represented the petitioner before the Board. The petitioner
stated that he was looking for the guidance of the Board in coming up with
a proposal for the use of the property. The petitioner said that the property
could not be used for residential purposes, and therefore it was a hardship on
the petitioner if a commercial use was not allowed for the property. The
petitioner had no specific proposal in mind. He suggested warehousing of goods,
wholesale and retail sale of products, the business of light manufacturing as
• was carried on before. Several abutters appeared in opposition.'
The Board voted unanimously to deny the petition requested, The Board found
there was no hardship connected with the building, and that if the petitioner
wished to change to another non-conforming use he should come in with a specific
request for a Special Permit for the particular purpose in mind. The Board
found that it could not grant the special permit requested, without a specific
proposal in mind, and to do so would be derogating from the intent of the Salem
Zoning Ordinance and would cause substantial detriment to the surrounding neighbor-
hood.
DENIED
APPEALS FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 of
THE MASSACHUSETTS GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN T14ENTY
DAYS AFTER THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
SALEM BOARD OF APPEAL
BY
. % Secretary '�%
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• ;'- ..... par3 sf (�ppetti JAN !3 if i2 AN 'T.6
IiFrILE
VnLLiAM F. ABBOTT DECEMBER 16, 1975
JOSEPH F. DOYLE - -
JOHN M.GRAY.SR. -
ARTHUR
JANET. UNDREGA DECISION ON PETITION OF LOUIS AND ALBERTINE BELANGER TO EXTEND
DONALD
AMES A NON-CONFORMING USE IN AN R-1 DISTRICT BY THE ADDITION OF FAST
DONALD E. EAMES � '
EMERY P.TANCH FOOD LICENSE TO A VARIETY STORE LOCATED AT 53 WEST AVENUE. '
Hearing on this petition was held on December 16, 1975 pursuant to notices
mailed post paid to 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, Arthur LaBrecque,
and Associate member Donald Eames present.
The Petitioner, Louis Belanger represented himself before the Board. Mr.
Belanger lives at 49 Village Street, Marblehead, Ma. The present structure
is located in an R-1 Zone and is used as a variety store. The petitioner
requests that the Board grant a Special Permit to allow the addition of
food service to the variety store. The petitioner cited convenience for
a neighbors and convenience for the users of Forest River Park as one of
his considerations.
• Paul D'Amour and Bill Wheaton of the Salem Planning Board, both spoke in
opposition to the granting of the permit. Bill Wheaton speaking for the
Planning Board stated that the increased use would be detrimental to the
area and that no economic hardship had been shown. It was also pointed
out that there are other fast food services available in the neighborhood,
and that the neighborhood itself was composed basically of single family
homes- . Concern was also expressed as to the possibility of additional
litter if food service was added to the variety store,
The Board voted to deny the petition. The Board felt that the extension of
this non-conforminguse was not appropriate in an R-1 District, and that
such an extension could not be made without causing detriment to the surround-
ing neighborhood. ,
DENIEDn
CITY OF SALEM'• _
BOARD OF APPEALS
JJ y
BYG�r�
ecretary 2
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•
RECF 0iED Titu of
LAM '76
<r� ` Pots IIT Appeal
IT'r i OFFICE
SALM MASS.
WILLIAM F. ABBOTT JANUARY Z0, 1976
JOSEPH F. DOYLE -
JOHN M.GRAY,SR.
ARTHUR E. LABRECQUE
JANE T. LUNDREGAN DECISION ON PETITION OF FORREST E. RANDALL AND MARJORIE E. RANDALL TO
DONALD S. EAMES MAINTAIN A PROFESSIONAL OFFICE IN THEIR HOME AT 15 WINTER STREET,
EMERY P. TANCH (R-2 Zone) - -
Hearing on this petition was held on January 20, 1976 pursuant to notices
mailed postpaid to 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, Arthur LaBrecque, and
Associate member Donald Eames present.
Atty. George P. Vallis represented the petitioners before the Board. The
Petitioners seek a Special Permit in order to conduct the business of providing .
Hearing Aid Service. The Petitioners are located in an R-2 Zone. Under
Special Permit uses in the Salem Zoning Ordinance, professional offices are
allowed if they conform to certain restrictions set forth in Section 5,
Paragraph 1 under Special Permit uses. It was stated that business is conducted
by appointment and would not create a parking problem. Ninety percent of the
petitioners' clients are referals from doctors and clinics. The petitioner
stated that since business is by appointment there will be no parking problems
by the allowance of said petition. No evidence was presented that the use
of the property in maintaining a professional office would adversely effect
the persons living in the neighborhood. Councillor Swiniuch appeared in favor,
of the petition and stated that he felt that this professional office would
be an asset to his ward. Mr. Paul D'Amour of the Salem Planning Board appeared
in opposition.
The Board voted unanimously to grant the petition. The Board felt that the
granting of said petition would not derogate from the intent of the Salem
Zoning Ordinance and that the granting of such petition would not be injurious
to the neighborhood or detrimental to the public welfare.
GRANTED
CITY OF SALEM - BOARD OF
APPEAL
cretary
o.-„
�
r� u u" f ai JAN �
Pourb of : +jppPttl
SUFFICE
CITY GL, '',
DECEMBER 14, 1976 SALEM,MASS'
WILLIAM F. ABBOTT
JOSEPH F. DOYLE
JOHN M.GRAY,SR. DECISION ON PETITION OF THOMAS E. GREENE AND THOMAS STRAZA, 6 LYNDE ST.
ARTHUR E.IABRECQUE SALEM, MA. , TO REMODEL THE THIRD FLOOR OF THE BUILDING LOCATED AT
JANET. LEEAMEAN 20 WINTER STREET TO PROVIDE AN ADDITIONAL APARTMENT, R-2 District
DONALD E EAMES ( )
EMERY P. TANCH
Hearing on this petition was held on Tuesday, December 14, 1976 with members
Chairman John Gray, Donald Eames, William Abbott, Jane Lundregan, Arthur LaBrecque
and Associate Member Douglas Hooper present.
Atty. Donald Koleman represented the petitioner before the Board. He stated
that the house is now one family and the petitioners are adding a second apartment.
He stated that a previous owner obtained a variance on August 2, 1972, but the
work was never finished, and the Building Inspector believed that application
for variance should be re-submitted. The house is located in a two-family
district, on a lot containing 4,067 square feet, and is non-conforming with
regard to front, side yard and back requirements. He stated that there is
adequate parking and there is hardship with the land. He requested the Board
find the 1972 variance is still valid, or requested that if the Board felt it
•. was not valid, to reconsider the petition. He submitted a letter from the former
owners, Laurence and Charlotte Post stating that they had never at any time
given up their plan to finish the second apartment, or to abandon the variance
that was granted in 1972. There is a two car garage on the property and a long
driveway, so it was felt there would be no parking problem,
The Board voted to grant the variance requested. The Board found that since
work had been commenced in reliance on the variance granted in 1972, that a
denial of said petition would cause hardship on the petitioner, The Board found
that there was adequate parking for the additional apartment and felt that it
could grant the variance requested without substantial hardship to the surrounding
properties and without derogating from the intent of the Salem Zoning By-law.
GRANTED
APPEALS FROM THIS DECISION IF ANY 'SHALL BE MADE PURSUANT TO SECTION 17, OF THE
MASSACHUSETTS GENERAL LAWS; -CHAPTER -808, AND SHALL. BE FILED WITHIN TWENTY-DAYS
AFTER THE DATE. OF FILING OF. THIS DECISION IN THE OFFICE OF THE CITY CLERK. A COPY
OF THIS -DECISION HAS- BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK,
VARIANCE GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION
BEARING THE CERTIFICATION OF THE CITY CLERK THAT TWENTY DAYS HAVE ELAPSED AND
NO APPEAL HAS BEEN FILED, OR THAT IF SUCH AN APPEAL HAS BEEN FILED IT HAS BEEN
DISMISSED OR DENIED AS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED
IN THE GRANTOR INDEX UNDER THE NAME OF THE OWNER OF RECORD, OR RECORDED AND NOTED
IN THE OWNER'S CERTIFICATE OF TITLE.
SALEM BOARD OF APPEAL
BY -?sZ• / g rcrc-�
ecretary o Z;c
1977 Board of Appeals Cases
STREETS NAMES PAGE f
I
56 Almeda St. DiBiase Ugo & Elio 1 L
56 Almeda St. DiBiase Ugo & Elio 2 LLL....
8 Arbella St. Tzortis, Johnt-G. 3
44 Bayview Ave. Russell Donald & Theodora 4
&Y-46- Beaver St. Dupuis, Henry 5
9 Bentley St. Pinardi, Mark 6
30-32-34 Boston St. Eng Floral Hut 77
4 Brown St. Picano, Louis A. 8
11-13 Bryant St. Hopper, Douglas 9
2 Buchanan Road Tachuk, John & Joy 10
134 Canal St. California Oil Co. 11
24 Cedar St. Robinson, Louis 12
3-7 Central St. Maguire, George & Robert 13
34 Charles St. 'Stavropoulos, Arthur N. & Martha J. 14
18 Commercial St. 'Sullivan, Thomas A. 15
20 Commercial St. Lyons, Paul 16
12 Dearborn Lane Donahue, Patricia H. & Sophie 17
30'k Dearborn St. Lynch, John J. 18
155 Derby St. Vining, Fred E. 19
27-29 Endicott St. Capuccio, John F. 20
52 Essex St. Set Ming Fong 21
105-107 Essex St. - 4 Union St. Brick Block Realty Trust 22
95-97 Federal St. Federal Street Realty Trust 23
3 Fort Ave. Zolotas Realty Trust 24
20 Gables Circle Lurie, Paula E. & Jerrold D. 25
28k Grove Street Taglieri, Leone R. 26
84 Highland Ave. - Mark E. Harxingtou 27 �J
STREETS NAMES PAGE
84 Highland Ave. Harrington, Mark E. 28
116', Highland Ave. Naumkeag Realty Management Corp. 29
227. Highland Ave. Womanco, Inc. 30
269 Highland Ave. Highland Realty Trust 31 \
8 Hubon St. King, Laurence R. 32
5 Jefferson Ave. City of Salem 33
,Jefferson Ave. Dr. J. Robert Shaughnessy Chronic
Disease Rehabilitation Hospital 34
43 Jefferson Ave. McDuff's Swimming Pool Supply '-35
60 Jefferson Ave. Ruscio, Robert F. 36
11-13 Kosciusko St. Maguire, George & Robert 37
11-13 Kosciusko St. Maguire, George & Robert 38
245 Lafayette-St Green, Robert W. 39
9 Larch Ave. St.Pierre, Robert M. 40
1`:& 3 Laurent Road Talbot, Ida M. 41
• 5 Looney Ave. Preczweski, Grace E. 42
560 Loring Ave. 560 Loring Ave.,'Inc. 43
Loring Hills Ave. Loring Hills Developers Trust 44
26 Lynde Street Ahman, Sandra 45
20 Manning St. Erps, Kim M. & Ralph M. 46
38 March St. Gallagher, Linda M. 47
13 Nichols St. Labrie, Zoel 48
13 Nichols St. Labrie, Zoel 49
22 Nichols St. Gauthier, Robert E. 50
203 North St. Csogi, Elizabeth J. 51
2032 North St. Robinson, Jane E. & Kenneth 52
6 Oak View Ave. Coner, Arthur 53
10 Paradise Road Bursaw, William J. 54
14 Pleasant St. Haddad, Nicholas S. 55
17 Raymond Ave. Grot, Arnold S. & Olga C. 56
STREETS NAMES PAGE
17 Raymond Ave. Grot, Olga C. & Arnold S. 57
16 Scenic Avenue Ganey, Carol & Janet 58
14 Shillaber St. Bozzi, Alfred D. 59
3 Spring St. Savickey, Richard 60
51 Summit Ave. Bochynski, John J. & Irene B. 61
11 Sumner Road Krol, Bronislaw 62
6 Sylvan St. Johansen, Francis R. 63
16 Tremont St. Statezni, Arthur & Rosella 64
24 Valley St. Theophilopoulos, Petro & Anastasia 65
264 Washington St. Ingemi, Joseph R. 66
82 Webb St. Sobocinski, Edward R. 67
56 Winthrop St. Konkel, Frank K. 68
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Pourb of �Vpral JUN 1 07 PH
MAY 17, 1977 CITYSALEM, MASS.
DECISION OF THE PETITION OF UGO & ELIO DiBIASE, TRUSTEES OF DiBIASE
SALEM REALTY TRUST, CONCERNING PROPERTY LOCATED AT LOT 56 ALMEDA ST.
A hearing on this Petition was held Tuesday, May 17, 1977, with members Jane
Lundregan, Arthur Labrecque, William Abbott, and Associate Members James Boulger
and Douglas Hopper as voting members, .present. Notices were sent to abutters and
others in accordance with Mass. General Laws, Chapter 808.
Atty. Peter Beatrice represented the Petitioners before the Board.
On December 20, 1973 the Board of Appeal granted the Petitioner a variance to
construct a temporary building 60 x 100 feet for the use of storing equipment and
building materials,together with a chain link fence 7 to 8 feet in height to be
installed around the boundry lines. The Petitioner requests that the variance
granted the Petitioner be extended an additional three year period. The Petitioner
stated that prior to the construction of the building, the Petitioners were constantly
subjected to theft of building materials and damage to equipment by vandalism.
The Petitioner stated that the surrounding area was under-developed on which there
were no services, sewer, water or utilities, and the Petitioner stated that the present
need for the building is just the same as when the original petition was made, and the
circumstances and conditions which existed in 1973 are still existent at this time .
Several abutters appeared in opposition to the extension of the variance. The
abutters stated in contradiction to the Petitioner that the property surrounding Lot
56 Almeda St. has become more developed and there are several homes abutting the lot
in question.
The neighbors stated that the Petitioner never constructed the fence, which was one
of the conditions of the. original variance. Photographs were presented showing the pro-
perty had not been kept in a clean condition but had become a place for junk, papers, etc. ,
and the neighbors also stated that the empty lot had become a gathering place for teenagers
and for roudy parties.
Also, Councillor Grace stated that phase two of the sewer project in Salem includes
Almeda St. and that very soon the land will be receiving sewer connections.
The Board voted unanimously to deny the request for the extension of the variance
for an additional three years.
^ti
DECISION - UGO & ELIO DIBIASE SAL Y
EM REALTY TRUST Page 2
The Board found that the Petitioners have not kept the property in good condition
and the fence that was supposed to be constructed had never been constructed.
The Board found that the use of the property is definitely detrimental to the
surrounding neighborhood and that the dogs and heavy equipment were a nuisance to the
neighborhood.
The Board found that the presence of the building on the lot located in an R-1
District devalued the surrounding properties which consist of single family homes.
The Board found therefore, it could not grant the variance requested, that no hard-
ship had been shown by the Petitioner and that the granting of the variance would be
detrimental to the surrounding neighborhood and would derogate from the intent of the
Salem Zoning By-law which seeks to protect the property rights of the residences in the
sinnle family area.
The Board therefore denies the request for the extension of the variance and orders
the Petitioner to remove the temporary building which had been used for the storage of
equipment and building materials and to restore the lot to its original state before the
granting of the variance on December 20, 1973.
DENIED
•
Appeal from this Decision, if any, shall be made pursuant to Section 17 of the Mass.
Gen. Laws, Chapter 808, and shall be filed within 20 days after the date of filing of
this Decision in the office of the City Clerk.
Pursuant to Mass. General Laws, Chapter 808, Section 11, the Variance or Special Permit
granted herein, shall not take effect until a copy of the Decision, bearing the certi-
fication of the City Clerk that 20 days have expired and no appeal has been filed, or
that, if such an appeal has been filed that it has been dismissed or denied is recorded
in the South Essex Registry of Deeds and indexed under the name of the owner of record
or is recorded and noted on the owner's Certificate of Title.
Copies of this Decision have been filed with the Planning Board and City Clerk.
BOARD OF APPEAL
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P garb of Appeal MAR
S ib 46 AM 97
DECISION CITY CLERVC i OFFICE
MARCH 1, 1977 _SALEM. MASS.
PETITIONER: UGO & ELIO DEBIASE, PROPERTY LOCATED AT: Lot 56 Almeda St.
TRUSTEES OF DEBIASE
SALEM REALTY TRUST - ZONED: R-1 District
MAILING ADDRESS: 71 Hancock St., Everett
A hearing on the Petition of Ugo DeBiase and Elio- DeBiase, Trustees of Salem
Realty Trust was held March 1, 1977 requesting an extension on the Special Permit granted
in 1973 on property located at Lot 56, Almeda St. (R-1 District) to construct a temporary
building 60' x 100' for the use of storage of equipment and building material, together
with a chain link fence 7 feet to 89feet around the boundary lines. Said hearing was
held with members Donald Eames, Douglas Hopper, James Boulger and Chairman John Gray
present.
Absent: Jane Lundregan, William Abbott and Arthur Labrecque
Notices were sent to the abuttors and others in compliance with Massachusetts
General Laws, Chapter 808.
Atty. George Vallis represented the Petitioners before the Board. On December
• 20, 1973 the Board of Appeals granted to the Petitioners Special Permit to construct a
temporary building 60 feet by 100 feet for the use of storage of equipment and building
materials together with a chain link fence 7 to 8 feet in height around the boundary line.
The Petitioners were granted the Special Permit for a three year period.
The Petitioners are requesting that this Special Permit be extended for an additional
period of three years. Prior to the construction of the building and fence, the Petitioners
claim that they were constantly subjected to theft of building material and damage to
their equipment by vandalism. The surrounding area is relatively undeveloped property
in which there are no services for sewer, water, or utilities. The houses in that area
are quite a distance away from the property in question. The building would be used for
storage of equipment and could not be used for any other purpose. Several abuttors .i
appeared in opposition to the granting of the Special Permit.
The Board voted to deny the Special Permit requested, to wit, to extend the Special
Permit which was granted in 1973 to allow the petitioners to construct and use a building
for the purpose of storing materials. The Board found that it could not grant such
Special Permit without derogating from the intent of the Salem Zoning by-law or without
harm to the surrounding neighborhood. The Board found that the present building is not
maintained properly by the owner and said lack of maintenance causes a condition that is
detrimental to the neighborhood.
DENIED
Appeal from this decision, if any, shall be made pursuant to Section 17 of the Mass. General
Das, Chapter 808, and shall be filed within 20 days after the date of filing of the decision
_.i the City Clerk's Office. Copy of the decision herein has been filed with the Planning Board
and the City Clerk.
Pursuant to Mass. General Law, Chapter BOB, Section 11, the variance or special permit, granted
herein, shall not take effect until a copy of the decision, bearing the certification of the
�CISION: Ugo & Elio DeBiase PROPERTY LOCATED AT: Lot 56 Almeda St.
MARCH 1, 1977 MEETING
City Clerk, that 20 days have elapsed and no appeal has been filed or that, if such
an appeal has been filed, that it has been dismissed or denied, is recorded in the
South Essex Registry of Deeds and indexed under the name of the owner of record or is
recorded and noted in the owner's certificate of title.
SALEM BOARD OF APPEAL
By: Jane T. Lundregan
0�4cretary
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SEPTEMBER 20, 1977 $ALE.1i,?iASS,
DECISION ON THE PETITION OF JOHN G. TZORTIS CONCERNING PROPERTY LOCATED AT -
8 ARBELLA STREET LOCATED IN AN R-2. DISTRICT
A hearing on this petition was held on September 20, 1977 with members Arthur
Labrecque, Jane T. Lundregan, James Boulger, and Associate Member Douglas Hopper
present. Notices were sent to abutters and others in accordance with Mass. General
Laws, Chapter 808. The Petitioner requested a Special Permit to use the third floor
at 8 Arbella St. (R-2 District) as an additional dwelling unit.
Atty. John Serafini represented the Petitioner before the Board. The Petitioner
noted that the property in ques,ion is close to Bridge Street and that there are a
number of two and three family dwellings in the surrounding neighborhood. The Peti-
tioner also stated that the couple would be living on the premises and intended to mace
it their home. The Petitioner also stated that they need the additional income from
the third apartment in order to financially handle the dwelling unit.
It was requested by the Petitioner that the Board grant the Special Permit on the
basis of the Zoning Ordinance and the financial hardship.
• The Petitioner did not have plans present to snow the parking necessary for the
property. There was some dispute as to whether or not there was enough room on the
property to park additional cars.
The Board voted unanimously to deny the petition requested. The Board felt it
could not grant the Special Permit requested without detriment to the surrounding
neighborhood. The Board found that there was insufficient parking within the neighbor-
hood and with the addition of another apartment, it would add to the congestion in the area.
SPECIAL PERMIT DENIED ****************
APPEAL FROM THIS DECISION, IF A.W, SHALL BE MADE PURSUANT TO SECTION 17 OF THE PASS.
GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK-
PURSUANT TO MASS. GENERAL LAWS, CHAPTER 808, SECTION 11, THE VARIANCE, OR SPECIAL PERMIT,
GPANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEARING VIE G'.:RTI.-
FICATION OF THE CITY CLERK, THAT 7NENTY DAYS HAVE ELAPSED AND NO APPEAL FRS BEEN FILED,
OR THAT, IF SUCH AN APPEAL HAS BEEN FILED, THAT IT HAS BEEN DISvn:SSED OR DENIED, IS
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER OF
RECORD OR IS RECORDED AND NOTED IN THE O;vNER'S CERTIFICA�PE OF TITLE.
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLEF<.
By RD OF APPEAL
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CITY CLL-t.'°S uhr""ICE
SAM MASS: DECISION
PETITIONER: Donald F. Russell and PROPERTY LOCATED AT: 44 Bayview Ave.
—Theodoia L:Russefl
MAILING ADDRESS: 44 Bayview Ave. ZONED: R-1 District
On February 8, 1977 a hearing was held on the Petition of Donald F. and Theodora
L. Russell of 44 Bayview Avenue, R-1 District for a Special Permit with Mrs. Jane
Lundregan, Messrs. Labrecque, Boulger, Hopper and Gray present. Notices were sent to
abuttors and others in compliance with Mass. General Laws, Chapter 808.
The Petitioner requested a special permit to convert a building located on
their property located at 44 Bayview Avenue from a non-conforming use commercial, to
a conforming single family use on a lot containing 2,970 square feet.
Atty. Robert Healy represented the Petitioner before the Board. The Petitioner
wishes to convert a "shop" located on a portion of the property located at 44Bayview
Avenue to a residential use as a single residential unit. The lot at 44 Bayview Ave
contains one house and the said "shop". The shop presently is being used for repair
work by the Petitioner and for other commercial purposes on a low key basis.
The Petitioner felt that the petition could be requested without substantial
detriment to the neighborhood. The Board voted unanimously to deny the petition requested.
The Board noted that the neighborhood in question is a very dense neighborhood with most
properties being undersized. The Board found that it could not grant the Special Permit
requested without substantial detriment to the surrounding neighborhood or without
derogating from the intent of the Salem Zoning by-law. .
DENIED
Appeal from this decision, if any, shall be made pursuant to Section 17 of the Mass. General
Law, Chapter 808, and shall be filed within twenty days after the date of filing of this
decision in the office of the City Clerk. Copy of the decision herein has been filed with
the Planning Board and the City Clerk.
Pursuant to Mass. General Law, Chapter 808, Section 11, the variance, or special permit,
granted herein, shall not take effect until a copy of the decision, bearing the certi-
fication of the City Clerk, that twenty days have elapsed and no appeal has been filed,
or that, if such an appeal has been filed, that it has been dismissed or denied, is
recorded in the South Essex Registry of Deeds and indexed under the name of the owner of
record or is recorded and noted in the owner's certificate of title.
"BOARD OF APPEAL
/Jane T. Lundregan, Secretary "
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�c {T SALEM.\MdOtfleE DECISION
PETITIONER: Henry Dupuis PROPERTY LOCATED AT: 64 Beaver Street
MAILING ADDRESS: 64 Beaver Street DISTRICT: R-2 District
A hearing was held on this Petition February 8, 1977 with Jane Lundregan, Messrs.
Labrecque, Boulger, Hopper and Gray present. Notices were sent to abuttors and others
in compliance with Mass. General Laws, Chapter 808.
Henry Dupuis, 64 Beaver Street, located in an R-2 District, requested a variance
to construct a second story on an existing one family house located at 64 Beaver Street.
Said construction will extend the non-conformity of the side yard approximately one
foot. The building is presently non-conforming as to side yard requirement of ten
feet. The Petitioner requested a Special Permit to extend the non-conformity of the
side yard by approximately one foot.
The Board reviewed the plans submitted by the Petitioner and a motion was made
by James Boulger, seconded by Arthur Labrecque to grant the variance with the condition
that the overhang shall be two feet on the northeast side of the building with the
• existing ell and that the building will be flush to the existing building on the north-
east side.
A variance is granted to allow the building to remain as is and to extend the non-
conformity on one side of said building. The Board found that it could grant said
variance without substantial detriment or without harm to the surrounding neighborhood.
GRANTED
Appeal from this decision, if any, shall be made pursuant to Section 17 of the Mass.
General Laws, Chapter 808, and shall be filed within twenty days after the date of filing
of this decision in the office of the City Clerk. Copy of the decision herein has been
filed with the Planning Board and the City Clerk.
Pursuant to Mass. General Laws, Chapter 808, Section 11, the variance, or special permit,
granted herein, shall not take effect until a copy of the decision, bearing the certifi-
cation of the City Clerk, that twenty days have elapsed and no appeal has been filed, or
that, if such an appeal has been filed, that it has been dismissed or denied, is recorded
in the South Essex Registry of Deeds and indexed under the name of the owner of record
or is recorded and noted in the owner's certificate of title.
BOARD OF APPEAL
i
ij
Jane T. Lundregan, Secretary
OCTOBER 26 1977CITY • -rrlC£
' SALEH, MASS.
DECISION ON THE PETITION SUBMITTED BY MARK PINARDI CONCERNING PROPERTY
LOCATED AT- 9 BENTLEY ST. (R-2 District)
A hearing on this petition was held on Sept. 27, 1977 with the following
members present: William Abbott, Jane Lundregan, Arthur Labrecque, Douglas Hopper
and James Boulger. Mr. Pinardi was allowed to return to the next meeting of the
Board, October 26, 1977, with more detailed plans showing second means of egress
and the area provided for parking.
Mr. Mark Pinardi represented himself before the Board requesting a variance in
order to convert the two story brick structure at 9 Bentley St. , formerly used as a
machine shop, into two apartments.- The interior will be refurbished including new
electrical wiring, wall partitions, and a second floor sun deck to be used as a second
means of- egress.
As requested, Mr. Pinardi submitted revised plans for the second means of egress
and after review by the Board, there were no objections noted. The Board made note
•of the fact that there are only two spaces provided for parking.
After due consideration of the evidence presented, the Board voted unanimously
to grant a variance from the parking requirement and allowed for the conversion of the
two story structure into two apartments in accordance with the plans submitted. The
Board found that it could grant the variance requested from the density requirements
and the required parking without detriment to the surrounding neighborhood and the
granting of said variance was within the intent of the Salem Zoning By-law.
VARIANCE GRANTED s************
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS. GEN.
LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY DAYS AFTER THE DATE OF FILING OF THIS
DECISION IN THE OFFICE OF THE CITY CLERK.
PURSUANT TO MASS. GEN. LAWS, CHAPTER 808, SECTION 11, THE VARIANCE, OR SPECIAL PERMIT
'GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEARING THE CERTIFI-
CATION OF THE CITY CLERK, THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED, OR THAT,
IF SUCH AN APPEAL HAS BEEN FILED, THAT IT HAS BEEN DISiNIISSED OR DENIED, IS RECORDED IN
THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE i1IE OF THE 0v1TER OF RECORD OR
IS RECORDED AND NOTED IN THE OWNER'S CERTIFICATE OF TITLE.
A COPY.OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
BOARD OF APPEAL
' lane T. Lundregan
/Secretary
' ,aT `�yJ SSFiT� 27 :v i
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NOVEMBER 29, 1977ALM M5?•
DECISION ON THE PETITION OF ENG FLORAL HUT, 69 BRIDGE ST. , CONCERNING PROPERTY
LOCATED AT 30-32-34 BOSTON STREET LOCATED IN AN R-2 DISTRICT
A hearing on this petition was held November 29, 1977 with Board members Donald
Eames, Jane Lundregan, Arthur. Labrecque, William Abbott and Douglas Hopper present.
Notices were sent to abutters and others in accordance with Mass. Gen. Laws, Chapter '
808.
The Petitioner represented himself before the Board. The Petitioner wishes to
tear down the present structures located at 32-34 Boston St. , which is presently
zoned R-2 which has a small office structure on it. They propose to build a new
building to be used as a greenhouse plant store. The Petitioner claimed that the lot
is not presently suited for a two family residential use because the area surrounding
the lot is basically business and across the street is zoned B-2. They argued that
since the main lots on the other side of the street are of commercial use and the
opposite side of the street is zoned B-2, the proposed use will not derogate from the
intent of the zoning ordinance.
The Board granted the variance requested and the Board also granted the necessary
variances from the density requirements to allow the building to be built, as shown on
the plans submitted with the petition. The Board found that the area, although zoned
R-2, is basically business use and to deny the Petitioner the use of the property for
business purposes would create a substantial hardship to the Petitioner.
The Board found that it could grant the variance without derogating from the intent
of the zoning by-laws or without detriment to the surrounding neighborhood. Therefore,
the Petitioner is granted the variance to build at 30-32-34 Boston St. and to use the
property for business purposes. Variances were also granted from the necessary density
requirements,
VARIANCES GRANTED **F******x*
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GEN. LAWS, CHAP`rER 808, AND SHALL BE FILED WITHIN TWENly DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSUANT TO MASS. GEN. LAWS, CHAPTER 808, SECTION 11, THE VARIANCE, OR SPECIAL PERNIIT,
GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEARING THE CERTI-
FICATION OF THE CITY CLERK, THAT TWENTY DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED,
OR THAT, IF SUCH AN APPEAL HAS BEEN FILED, THAT IT IIAS BEEN DISMISSED OR DENIED, IS
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER
OF RECORD OR IS RECORDED AND NOTED IN THE OWNERS CERTIFICATE OF TITLE.
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
BOARD OF APPEAL
�ane T. Lundregan
ecretary
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NOVEMBER 29, 1977
DECISION ON THE PETITION OF LOUIS A. PICANO, 28 LILLY ST. , LYNN, MASS. AND -
ARMAND FOURNIER, 22 HARWOOD ST.,LYNN, MASS.CONCERNING74 BROWN ST. PROPERTY
A hearing on this petition was held November 29, 1977 with Board members Donald
Eames, Jane Lundregan, Arthur Labrecque, William Abbott and Douglas Hopper present.
Notices were .sent to abutters and others in accordance with Mass. Gen. Laws, Chapter 808.
Atty. Timothy Davern, One Salem Green, represented the Petitioner before the Board.
The locus consists of a three story, one half house, which as been in its present
location prior to the adoption of the Salem Zoning By-laws. The land is registered.
Since there will be no change in its location, it actually has no side line since the
Division of the building is by the lot line as shown on the copy of the land Court Plan
dated March 28, 1924.
The structure itself is totally empty inside having sustained substantial damage by
fire. The Petitioner proposes to divide the three story structure into five studio,
one bedroom, apartments and provide five off street parking facilities for use of the
occupants.
•
The Petitioner argued. gued that there are a number of multi-family and three story
structures in the area and that the use proposed would be in conformity with the use that
is actually prevailing in the neighborhood. The Petitioner stated that it is not financially
feasible to use the apartments for three families, which is allowed under the R-2 District
by Special Permit. They argued that the cost of refurbishing the interior would be
excessive and that it is only financially feasible if they can have the five units.
The Board granted the variance requested. The Board found that the general character
of the neighborhood is one of multi-family use, and that the cost of converting and re-
doing the house would be financially impractical without allowing the five units. There-
fore, the Board voted to grant the variance requested to allow the Petitioner to convert
, the house into five studio, one bedroom, apartments and to provide five off street parking
facilities for the occupants. The Board found that it could grant the variance requested
without substantial detriment to the surrounding neighborhood and without derogating from
the intent of the Salem Zoning By-laws.
VARIANCE GRANTED *************
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS . GEN.
LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY DAYS AFTER THE DATE OF FILING OF THIS
DECISION IN THE OFFICE OF THE CITY CLERK.
PURSUANT TO MASS GEN. LAWS, CHAPTER 808, SECTION 11, THE VARIANCE, OR SPECIAL PERMIT
GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION BEARING THE CERTI-
FICATION OF THE CITY CLERK, THAT TWENTY DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED,
• OR THAT, IF SUCH AN APPEAL HAS BEEN FILED, THAT IT HAS BEEN DISMISSED OR DENIED, IS
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER OF
RECORD OR IS RECORDED AND NOTED IN THE OWNERS CERTIFICATE OF TITLE.
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING -BOA1D AND THE CITY CLERK.
ne T. Lundregan
Secretary
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AUGUST 16, 197 9ITY l:Lt S OFFICE
SALEM, MASS.
DECISION ON THE PETITIONSUBMITTEDBY DOUGLAS HOPPER, FOR A
SPECIAL PERMIT FOR PROPERTY LOCATED AT 11-13 BRYANT STREET - -
A hearing on this Petition was held on Tuesday, August 16, 1977, with members
Jane Lundregan, Donald Eames, Arthur Labrecque, William Abbott and Associate
Member James Boulger sitting on the Board. Associate Member Douglas Hopper was
also present. Notices were mailed to abutters and others in accordance with Mass.
General Laws, Chapter 808: - -
Mr. Hopper represented himself before the Board requesting a Special Permit
to allow the use of space in his home as a professional office for the practice
of architecture. Such a use requires a Special Permit in an R-2 Zone.
Mr. HLApper noted he would like to use a part of his basement as an office to
conduct his architectural work in order to start his practice without a large
overhead. He stated that there would not be a great number of people coming to see
him and that parking problems would be minimal. It would be most likely that he
would be going out to see his clients.
Mr. Hopper stated he would use his garage as much as possible to alleviate the
parking on the street.
The Board unanimously voted to grant the Special Permit requested with the condi-
tion that the Permit would cease when Mr. Hopper is no longer the owner of the
property.
The Board found that it could grant the Special Permit requested without sub-
stantial detriment to the surrounding neighborhood.
SPECIALPERMITGRANTED ****************
Appeal from this Decision, if any, shall be made pursuant to Section 17 of the
Mass. General Laws, Chapter 808, and shall be filed within 20 days after the date of
filing of this Decision in the office of the City Clerk.
Pursuant to Mass. General Laws, Chapter 808, Section ll, the Variance or Special
Permit granted herein, shall not take effect until a copy of the Decision, bearing
the certification of the City .Clerk, that 20 days have elapsed and no appeal has
been filed, or that, if such an appeal has been filed, it has been dismissed or denied
is recorded in the South Essex Registry of Deeds and indexed under the name of the
owner of record or is recorded and noted on the owner's Certificate of Title.
• A copy of this Decision has been filed with the Planning Board and the City Clerk.
BOARD OF APPEAL
/ ane T. Lundregan
17
Secretary
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CITY i:LEa;I'S UrFICE
SALEM, MASS.
DECISION ON THE PETITION OF JOHN AND JOY TACHUK FOR A VARIANCE ON THE
DENSITY REGULATIONS AT 2 BUCHANAN ROAD IN AN R-1 DISTRICT
Hearing on this Petition was held on Tuesday, August 16, 1977, with members
Jane Lundregan, Donald Eames, Arthur Labrecque, William Abbott and Associate Member
James Boulger sitting on the Board. Notices were duly mailed to abutters and
others in accordance with Mass. General Laws, Chapter 808.
Atty. Timothy Davern, One Salem Green, represented the Petitioners before the
Board. The Petitioners requested--a variance from Table I, Residential Density
Regulations, in order to construct an upper level 36 ft. x 27 ft. addition for the
purpose of additional bedrooms. The structure would thus be three stories in height
rather than two and one half stories specified in said density table.
Mr. Davern objected to the fact that Mr. James Boulger, member of the Board, was
sitting on the present case. Mr. Davern requested that the record show that he
will proceed with full objection to having Mr. Boulger on the Board because he
viewed Mr. Boulger as an interested party because he was the member that brought the
matter to the attention of the Board and his step-mother lives in the neighborhood
in question.
The following evidence was presented to the Board.
The building in question was purchased in 1968 as a two family dwelling and the
variance for the two family dwelling was acquired before the house was purchased by
the Petitioners. The Petitioners live on the second floor with bedrooms on the third
floor and as the third floor became smaller for their needs, they made the decision
to expand the third floor. The plans were brought to the Building Inspector's office
and stamped approved on April 7, 1977 and construction of the addition was completed
in accordance with the plan. -
The Atty. for the Tachuk's also submitted a copy of the building permit #00445,
dated March 7, 1977, which grants permission to the Tachuk's to construct an upper
level, 36 ft. x 27 ft. , for the purpose of bedrooms. The addition, as completed,
is paid in full in the amount of $8,250. The Tachuk's assert that they proceeded in
good faith and obtained the necessary permit. They were prevented from finishing the
interior of the structure by the revocation of the building permit by the Building
Inspector's office on the grounds that the density regulations in an R-1 District
were not being satisfied.
r4
A
-2- RECEIVED
DECISION ON PROPERTY LOCATED AT 2 BUCHANAI6 ROAD - (Continued) An 3I 9 49 AH '77
CITY CLERK'S OFFICE
SALEM, MASS.
A petition was presented to the Board signed by approximately 30 or 40 abutters
in the area stating they are recorded as being in favor of the petition filed by
the Tachuk's.
The Planning Board filed a letter in opposition to the granting of the variance.
After due consideration of the evidence presented, a motion was made by James
Boulger, to uphold the Planning Board's recommendation by denying them the request
for a variance for one reason being the structure is out of character with the
area and he strongly objected that it was constructed before review by the Board of
Appeal. Motion was seconded. By roll call the following voted to deny the variance:
Arthur Labrecque, James Boulger, William Abbott. Jane Lundregan and Donald Eames
voted against the denial.
Motion carried. VARIANCE DENIED
Appeal from this Decision, if any, shall be made pursuant to Section 17 of the
Mass. General Laws, Chapter 808, and shall be filed within 20 days after the date of
filing of this Decision in the office of the City Clerk.
Pursuant to Mass. General Laws, Chapter 808, Section 11, the Variance or Special
Permit granted herein, shall not take effect until a copy of the Decision, bearing
the certification of the City Clerk, that 20 days have elapsed and no appeal has been
filed, or that, if such an appeal has been filed, it has been dismissed or denied is
recorded in the South Essex Registry of Deeds and indexed under the:.name of the owner
of record or is recorded and noted on the owner's Certificate of Title.
Copy of this Decision has been filed with the Planning Board and the City Clerk.
BOARD OF APPEAL
ane T. Lundregan e"
Secretary _
44
Y T S A. z a1Y Yi c' WyYvi.l
AUGUST 30, 1977 SAU% 4.MASS. . .
DECISION ON THE. PETITION OF THE CALIFORNIA OIL CO. FOR PROPERTY LOCATED - -- . .. .
- 134 CANAL STREET - INDUSTRIAL DISTRICT
A hearing on the Petition of the California Oil Co. was held with members
Donald Eames, Arthur Labrecque, William Abbott, James Boulger and Douglas Hopper
present. Notices were sent to abutters and others in accordance with Mass.
General Laws, Chapter 808, concerning property located at 134 Canal Street located
in an Industrial District. The Petitioner requested a variance for the side lot
line setback of 29 feet instead of 30 feet as required by the Salem Zoning Ordinance.
The Petitioner was represented by Peter Gandolfo requesting a variance to enable
him to enclose an existing tank farm which is needed during the winter months. The
enclosure will be constructed with either steel or concrete material.
r
Atty. James Antonuccio of Marblehead, representing Salem Glass Co. noted concern
for the safety and financial impact on its property by the construction of an
addition. Mr. Antonuccio requested that the Board delay its decision so that an
attorney more familiar with the case could appear before the Board. The request was
denied.
The Board voted unanimously to grant the variance for 29 feet on the side lot lune
in order for the Petitioner to enclose the existing tank farm.
The Board found that it could grant the variance requested without substantial
detriment to the surrounding neighborhood and without derogating from the intent of
the Salem Zoning By-laws.
VARIANCE GRANTED
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE
MASS. GEN. LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF
FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. -
PURSUANT TO MASS. GEN. LAWS, CHAPTER 808, SECTION 11, THE VARIANCE OR SPECIAL,
,PERMIT GR_kNTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEARING
THE CERTIFICATION OF. THE CITY CLERK, THAT 20 DAIS HAVE ELAPSED AND NO APPEAL .HAS BEEN
FILED, OR THAT, IF SUCH AN APPEAL HAS BEEN FILED, IT HAS BEEN DISMISSED.OR DENIED IS
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE
OWINER OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. - -
A COPY OF THIS DECISION EAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
• BOARD OF APPEAL
Douglas + opper
Acting Secretary
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CITY pFFlC
AUGUST 16, 1977
SALES-MASS.
DECISION ON THE PETITION SUBMITTED BY LOUIS ROBINSON FOR A VARIANCE
PROPERTY-LOCATED AT 24 CEDAR STREET; R-2DISTRICT
- - - - -'
A hearing on this Petition was held on Tuesday, August 16, 1977, with members
Jane Lundregan, Donald Eames, Arthur Labrecque, William Abbott, and Associate Member
James Bougler, sitting on the Board. Associate Member Douglas Hopper was also present.
Notices were sent to abutters and others in accordance :with Mass. General Laws, Chapter
808.
Mr. Robinson represented himself before the Board and requested a variance from
the density requirements at the rear and side line of his property in order to erect
a carport at 24 Cedar St.
Mr. Robinson noted that there is ample space at the rear of his property for this
purpose and enough space along the side in the driveway to make the turn into the open
carport.
The motion was made by James Boulger, seconded by Donald Eames, and unanimously
voted to grant the variance on the side line allowing for a five foot side line.
The variance was granted without detriment to the surrounding neighborhood and to
deny the variance would cause hardship to the Petitioner.
VARIANCE GRANTED *x*�*•* * *** *** **
Appeal from this Decision, if any, shall be made pursuant to Section 17 of the
Mass. General Laws, Chapter 808, and shall be filed within 20 days after the date of
filing of this Decision in the office of the City Clerk.
Pursuant to Mass. General Laws, Chapter 808, Section 11, the Variance or Special
Permit granted herein, shall not take effect until a copy of the Decision, bearing
the certification of the City Clerk, that 20 days have elapsed and no appeal has been
filed, or that, if such an appeal has been filed, it has been dismissed or denied is
- recorded in the South Essex Registry of Deeds and indexed under the name of the owner
of record or is recorded and noted on the owner's-Certificate of Title.
A copy of this Decision has been filed with the Planning Board and the City Clerk.
BOARD OF APPEAL
dine T. Lundregan /T
Secretary
PF r E Ik E° (9itg of Salem, tts ttcl�u�>Dtts
�. .:.
tEa ( 1. 32 AN '1�f attrb of Appeal
CITY QMCE
SALEM.MASS. DECISION
PETITIONER: George & Robert Maguire PROPERTY LOCATED AT: 3-7 Central St.
MAILING ADDRESS: 109 Essex Street ZONED: B-5 District
A hearing was held on the petition of George & Robert Maguire for property located
at 3-7 Central Street on February 8, 1977 with Mrs. Jane Lundregan, Messrs. Labrecque,
Boulger, Hopper and Gray present. Notices were sent to abuttors and others in compliance
with Mass. General Laws, Chapter 808.
Atty. George Vallis represented the Petitioner before the Board. The Petitioners
wish to convert the second and third floors of the present three story building into
eight studio dwelling units. Each unit shall contain one bedroom, kitchen and bath.
New residential dwellings in the B-5 District are required to provide one and one quarter
spaces per dwelling unit with less than three bedrooms. The Petitioner does not have
room for the required parking and wishes a variance from said parking regulations. Non-
residential uses in a B-5 District are not required to provide off-street parking however,
and the Petitioner claims that it is impracticle and virtually impossible to rent the
upper two stories of the building for office or commercial use. Multi-family dwelling
units are permitted in a B-5 District. The Petitioners stated that they would agree to
make satisfactory arrangements with the Off-street Parking Commission to provide adequate
• parking for the use of the occupants.
The Board unanimously voted to grant the variance requested, to wit, to allow the
Petitioner to use the second and third floor of the building located a 3-7 Central Street
for eight studio dwelling units without providing the required parking.
The variance is granted on the condition that the Petitioner will make arrangements
for the tenants to use the off-street parking garage. The Board felt that it would be
a hardship to deny the Petitioner the use of the second and third floors for residential
purposes since the Board found that it is virtually impossible to rent such space for
commercial purposes. The Board found that the Petitioner would be providing the required
parking for his tenants and it could grant said request without substantial detriment to
the surrounding neighborhood or without derogating from the intent of the Salem Zoning
by-laws.
GRANTED
Appeal from this decision, if any, shall be made pursuant to Section 17 of the Mass. General
Laws, Chapter 808, and shall be filed within twenty days after the date of filing of this
decision in the office of the City Clerk. Copy of the decision herein has been filed with
the Planning Board and the City Clerk.
Pursuant to Mass. General Laws, Chapter 808; Section 11, the variance, or special permit,
granted herein, shall not take effect until a copy of the decision, bearing the certification
of the City Clerk, that twenty days have elapsed and no appeal has been filed, or that, if
such an appeal has been filed, that it has been dismissed or denied, is recorded in the
South Essex Registry of Deeds and indexed under the name of the owner of record or is record-
ed and noted in the owner's certificate of title.
� BOARD OF APPEAL
//Jane T. Lundregan, Secretary ' s
Gifu! of Aalr 1# assar4uruft3 r r
C zY
OCTOBER 26, 1977 CI7Y ��- �'� 'j;BICE
SALES, MASS..
DECISION ON THE PETITION OF ARTHUR N. and MARTHA J. STAVROPOULOS
CONCERNING PROPERTY LOCATED AT 34 CHARLES ST. (R-2 DISTRICT)
A hearing on this petition was held Wednesday, October 26, 1977, at One Salem
Green, Salem, Mass. with the following members present: Jane Lundregan, William Abbott,
Arthur Labrecque, Donald Eames, James Boulger and Associate Member Douglas Hopper present.
Notices were sent to abutters and others in accordance with Mass. General Laws, Chapter 808.
Mr. William Murphy appeared before the Board on behalf of Salem State College and
Arthur and Martha Stavropoulos requesting a variance on the property in order to allow
the Commonwealth of Massachusetts to purchase a portion of the lot leaving less than the
required lot size.
The College intends to use the total land purchased from residents in that area for
a track and in order to complete the purchase the Petitioners ask that a variance be
granted on the lot which would allow them to deed a portion of the lot to Salem State
College.
The Board voted unanimously to grant the variance requested. The Board found that to
• deny the variance could cause a hardship to the Petitioner because the College has
acquired abutting properties to the lot in question. The Board found that it could
grant the variance requested without substantial detriment to the surrounding neigh-
borhood or without derogating from the intent of the Salem Zoning By-law. Therefore,
a variance requested is granted leaving the lot size at 34 Charles Street at 6,847 sq.ft.
VARIANCE GRANTED
APPEAL FROM THIS-DECISION, IF ANY, SHALL. BE MADE PURSUANT TO SECTION 17 OF THE DASS.
GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING OF
THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSUANT TO MASS. GEN. LAWS, CHAPTER 808, SECTION 11, THE VARIANCE OR SPECIAL PERMIT GRANTED
HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEARING THE CERTIFICATION OF
THE CITY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED, OR THAT, IF SUCH
AN APPEAL HAS BEEN FILED THAT IT HAS BEEN DISMISSED OR DENIED IS RECORDED IN THE SOUTH
ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER OF RECORD OR IS RECORDED AND
NOTED ON THE O'WNER'S CERTIFICATE OF TITLE.
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
BOARD OF APPE�• /Jane T. Lundregan f F
'Secretary
� 7
PITMrb If A) UCl i 4$ i`l 917
SEPTEMBER 27, 1977 CITY UiF"ICE
SALEM, MASS.
DECISION ON THE PETITION OF THOMAS A. SULLIVAN CONCERNING PROPERTY LOCATED AT
18 COMMERCIAL STREET
A hearing on this petition was held Tuesday, September 27, 1977, with members
Jane T. Lundregan, Arthur Labrecque, William Abbott, James Boulger and Associate
Member Douglas Hopper present. Notices were sent to abutters and others in accordance
with Mass. General Laws, Chapter 808.
Mr. Sullivan represented himself before the Board. He requested a permit to install
an enclosed fuel oil tank for heating purposes only. Said oil tank would encroach on
the thirty foot rear setback requirement. The building was previously used for storage
and no heat was required. He now has a new tenant who requires heat in the building.
Mr. Sullivan noted that it is important the tank be installed before the cold weather
and that it will be located at the rear of the building and would not be visual from
Commercial Street or South Mason Street. The tank will be three or four feet above ground.
The Board voted unanimously to grant the variance requested. The Board found that a
rdship existed in that the only practical location for the tank would be on the rear yard
d to deny the petition would restrict the use of the building and therefore cause a
hardship to the Petitioner. They found that it could be granted without detriment to the
surrounding neighborhood.
VARIANCE GRANTED *************
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS. GEN.
LAWS, CHAPTER 808, AND SHALL BE FILED.WITHIN 20 DAYS AFTER THE DATE OF FILING OF THIS
DECISION IN THE OFFICE OF THE CITY CLERK.
PURSUANT TO MASS. GENERAL LAWS, CHAPTER 808, SECTION 11, THE VARIANCE OR SPECIAL PERMIT
GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEARING THE CERTIFI-
CATION OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED, OR THAT,
IF SUCH AN APPEAL HAS BEEN FILED THAT IT HAS BEEN DISMISSED OR DENIED IS RECORDED IN THE
SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER OF RECORD OR IS
RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. -
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK. -
BiOARD. OF APPEAL
J/ Uane T. Lun&reyan ✓ '
/Secretary
zo
.P 1 ,4 21' � �nsr3 ffi
Ci7SALEM- A ASS- AUGUST 16, 1977
DECISION ON THE PETITIONSUBMITTEDBY JEANNETTE REALTY TRUST BY
PAUL LYONS FOR A VARIANCE ON PROPERTY LOCATED AT 20 COMMERCIAL
STREET (INDUSTRIAL DISTRICT)
A hearing on this Petition was held on Tuesday, August 16, 1977, with members
Jane Lundregan, Donald Eames, Arthur Labrecque, William Abbott and Associate
Member James Boulger sitting on the Board-. Associate Member Douglas Hopper was
also present. Notices were mailed to abutters and others in accordance with M.G.L. Chp_808.
Mr. Paul Tremblay represented the Petiioner before the Board. The Company
wishes a variance from the density regulations set forth in Section VI of the
Salem Zoning Ordinance to allow for the addition to the building which is presently
a non-conforming structure as to density requirements.
The addition would face Canal Street. The addition would be approximately
100 ft. x 35 ft. to the front of the existing building and the purpose of the building
is to provide for ample storage space and to relocate the office area. The building
will be of masonry construction with a 12 ft. cement block wall.
The Board voted unanimously to grant the variance requested to provide for the
addition of a 100 £t. x ,35 ft. structure to be added to the front of the building,
facing Canal Street.
The variance will allow for the addition to be constructed with the necessary
variation from density regulations set forth in Section VI, Table 2, Salem Zoning
by-law. The Board found that it could grant the variance requested without any
detriment to the surrounding neighborhood.
VARIANCE GRANTED
Appeal from this Decision, if any, shall be made pursuant to Section 17 of the
Mass. General Laws, Chapter 808, and shall be filed within 20 days after the date of
filing of this Decision in the office of the City Clerk.
Pursuant to Mass. General Laws, Chapter 808, Section 11, the Variance or .Special
Permit granted herein, shall not take effect until a copy of the Decision, bearing
the certification of the City Clerk, that 20 days have elapsed and no appeal has
been filed, or that, if such an appeal has been filed, it has been dismissed or denied
is recorded in the South Essex Registry of Deeds and indexed under the name of the owner
of record or is recorded and noted on the owner's Certificate of Title.
Copy of this Decision has been filed with the Planning Board and the City Clerk.
BOARD OF APPEAL
;rI
ane T. Lundregan ✓ L
%cretary
119.
''3 5 IIIIt� IIf en, 00
FEBRUARY 24, 1977 Cifi SqLttNN k1A� F= .
DECISION ON PETITION OF PATRICIA H. DONAHUE AND SOPHIE DONAHUE 12 DEARBORN
LANE REGARDING LAND LOCATED ON 12 IEARBORN LANE R=1'DISTRICT
A hearing on this petition was held January 25, 1977 with members Arthur Labrecque,
Donald Eames, Douglas Hopper, James Boulger and Chairman James Gray present. Notices
were sent to abuttors and others in accordance with Mass. General Laws, Chapter 808.
The Petitioners seek a variance to enable them to build and maintain a building
Within 20 feet of the rear line and within 11 feet of the street. The lot area and
frontage comply with zoning requirements for a building lot but due to the nature of
the lot itself as a corner lot with only 62.10 feet in width, the Petitioner claims it
is a hardship to construct a suitable dwelling within the set back and rear yard require-
ments. The rear yard requirements in an R-1 Zone is thirty feet and the set back
requirements in an R-1 Zone is fifteen feet.
Atty. Walter Costello represented the Petitioner before the Board and noted that
the building is now under construction. A building permit was issued but the contractor,
while putting in the foundation, did not place the foundation in the right position. It
was noted that there is the possibility that children removed the original stakes when
the foundation was put in.
The Petitioners claim that it would be a hardship to deprive them of the use of
their lot in the best possible manner.
The Board voted unanimously to grant the following variances: 1) a variance from the
fifteen ft. requirement for minimum depth of front yard to allow eleven feet; 2) a variance
from the minimum depth of the rear yard of thirty feet to allow a twenty foot rear yard.
The Board found that it would be a hardship to the Petitioners since construction has already
been undertaken to require. that'the building conform to the statuatory requirements for depth
of rear yard and depth of front yard. The Board found that it could grant said variances
without debrogating from the Zoning Ordinance.
GRANTED ** ****** **** * *** *
Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts
General Laws, Chapter 808, and shall be filed within twenty days after the date of filing
of this decision in the office of the City Clerk.
Pursuant to Mass. General Laws, Chapter 808, Section 11, the variance, or special permit,
granted herein shall not take effect until a copy of the decision, bearing the certification
of the City Clerk, that twenty days have elapsed and no appeal has been filed, or that, if
such an appeal has been filedIft , that it has been dismissed or denied, is recorded in the
uth Essex Registry of Deeds and indexed under the name of the owner of record or is recorded
d noted in the owner's certificate of title. Copies of the decision herein have been filed
with the Planning Board and the City Clerk.
SALEM BOARD OF APPEAL
,lane T. . Lundregan, `Se retary
0117 Vf
44
'ms " �' axf SEP C 3Q AN
C
�Cci Tp
CITY CL.—_: 'S ti:'-ICE
AUGUST 16, 1977 SALEM, HASS.
.. DECISION.ON_.THE..;PETITION. SUBMITTED BY JOHN J. -LYNCH;-FOR A VARIANCE - - -.
ON PROPERTY LOCATED AT 30� DEARBORN STREET, (R-2 DISTRICT)
A hearing on this Petition was held on Tuesday, August 16, 1977, with members
Jane Lundregan, Donald Eames, Arthur Labrecque, William Abbott, and Associate
Member James Boulger, sitting on the Board. Associate Member Douglas Hopper
was also present. Notices were sent to abutters and others in accordance with
General Laws, Chapter 808.
Mr. & Mrs. Lynch represented themselves before the Board. They wishto construct
a 12 ft. x 24 ft. wood frame structure with a shed type roof to the existing dwelling
at with a 331 ft. below grade foundation, 2 feet above ground with 1 ft. x 1 ft.
footinq, 8" block stuccoed. The room is primarily to be used as a porch.
The building is presently a non-conforming structure in that it does not meet
all the requirements of the density regulations in an R-2 Zone. The Petitioner
wishes to further extend the non-conforming rear lot line.
It was noted that all of the lots surrounding the lot in question are also non-
conforming to density regulations and that the Petitioner's back yard is much larger
than the back yard of his immediate abutters.
The Petitioner requested the variance because he feels that the addition of the
porch would enhance the property and would allow his family to more fully enjoy the
use of their home.
Mr. Staley McDermet, 30 Dearborn Street; appeared in opposition and noted his objec-
tion that the structure would create a wall and extend eight feet to his property
line and would reduce the open space in the area. He felt that it would decrease
the value of his property.
The Board unanimously voted to grant the variance requested from the density
regulations set forth in the Zoning Ordinance to allow for the construction of a
12 ft. x 24 ft_ addition to the rear of the property located at 30'2 Dearborn Street.
The Board found that all the structures in the surrounding area were non-conforming
and the fact that the Petitioner's lot of land is larger than that of his surrounding
neighbors, it would be a hardship to deny him further use of his property in a manner
consistent with that of his abutters.
DECISION ON PETITION BY JOHN J. LYNCH - -y- - August 16, �1t977 :.
SEP 30 NN '77
The Board found that it could grant the variance without QIV 4` 'S OFF ICE
to the surrounding neighborhood and without derogating from the � ' u4l -
Salem Zoning by-laws. _
VARIANCE-GRANTED.
Appeal
Appeal from this Decision, if any, shall be made pursuant to Section 17 of
the Mass. General Laws, Chapter 808, and. shall be filed within 20 days after the
date of filing of this Decision in the office of the City Clerk.
Pursuant to Mass. General Laws, Chapter 808, Section 11, the Variance or
Special Permit granted 'herein, shall not take effect until a copy of the Decision,
bearing the certification of the City Clerk, that 20 days have elapsed and no appeal
has been filed, or that, if such an appeal has_been filed, it has been dismissed or
denied is recorded in the South Essex Registry of Deeds and indexed under the name
, of the owner of record or is recorded and noted on the owner's Certificate of
Title.
_ A copy of this Decison has been filed with the Planning Board and the City
Clerk.
BOARD OF APPEAL . .. ..
ecr
T. Lundregan r -
•
/9.
-
/��
IUH 1 J IL 50 ?N, 17
MAY 17, 1977 SALE,y, A^ E
S.
_ DECISION ON THE PETITION OF FRED E. VINING FOR A SPECIAL PERMIT TO CONVERT
APARTMENTS AT 155 DERBY STREET (B-1 DISTRICT) WITHOUT THE REQUIRED PARKING
SPACES. -
A hearing on this petition was held on Tuesday, May 17, 1977, with mercers
Jane Lundregan, Arthur Labrecque, William Abbott, and Associate Members James -
Boulger and Douglas Hopper as voting members present. Notices were sent to
abutters and others in accordance with Mass. General Laws, Chanter 808.
Mr. Vining petitioned the Board requesting a Special Permit to allow the
creation of two smaller apartments in place of the presently existing large
. apartment at 155 Derby Street. The additional apartment lacked the 111 parking
spaces required by the City's Zoning Ordinance. The Petitioner stated in his
petition that the change would make the housing more appropriate to the area
in which it is located and would result in an upgrading of the property. It is .
calculated to reduce the actual density of the occupants.
Several abutters appeared in opposition to the granting of the petition.
Their objections were that granting the Special Permit would add to the congestion
• in the neighborhood. The Board voted to deny the Special Permit. _ The Board
noted that it had denied several such requests in the same neighborhood because of
congested conditions.
The Board felt that it could not grant said Special Permit without detriment
to the surrounding neighborhood and without derogating from the intent of the Salem
Zoning By-Laws. -
PETITION DENIED *******************
Appeal from this Decision, if any, shall be made pursuant to Section 17 of the Mass.
General Laws, Chapter 808, and shall be filed within 20 days after the date of filing
of this Decision in the office of the City Clerk.
Pursuant to Mass. General Laws, Chapter 808, Section 11, the Variance or Special
Permit granted herein, shall not take effect until a copy of the Decision, bearing the
certification of the City Clerk that 20 days have elapsed and no appeal has been filed
or that, if such an appeal .has been filed, that it has been dismissed or denied, is
recorded in the South Essex Registry of Deeds and indexed under the name of the owner
of record or is recorded and noted on the owner's Certificate of Title. Copies of
this Decision have been filed with the Planning Board and the City Clerk.
BOARD OF APPEAL
• -
:Janee T. Lundred eg
an /
/Secretary
a�.
CHU orf 5alDm, ' azrinch� uds
� TY CLt ;a' a OcriC.c
@�A- sS- JUNE 21, 1977
DECISION ON PETITION OF JOHN F. CAPUCCIO, 44 VALLEY STREET, SALEM, FOR
PROPERTY LOCATED AT 27-29 ENDICOTT STREET, R-2 DISTRICT
A hearing on this petition was held on June 21, 1977 with Board members Jane T.
Lundregan, Donald Eames and Associate Members Douglas Hopper and James Boulger present_
Notices were sent to abutters and others in accordance with General Laws, Chapter 808.
John F. Capuccio represented himself before the Board. The Petitioner requests a
variance from the Zoning Ordinance to allow him to utilize the garage located at 27-
29 Endicott Street to do repair work on vehicles, cars and light trucks. The variance
is requested because the garage is located in an R-2 District and business uses are not
permitted in the R-2 District.
r
The Petitioner stated that the properties abutting the garage were mixed use, multi-
family and commercial and that there are not many two family dwellings in the area. Mr.
Capuccio also stated that taxes increased on the building and he felt he should be granted.
in order to utilize the building and to get some profit from the use of the building.
The Board voted unanimously to deny the petition requested. The Board found that the
Petitioner could not prove that there was a hardship on the property that was particular
to the property and not the neighborhood in general. The Board also found that it could
not grant the variance requested without detriment to the surrounding neighborhood and
without derogating from the intent of the Salem Zoning By-law.
PETITION DENIED
Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts
General Laws, Chapter 808, and shall be filed within twenty days after the date of filing
of this decision in the office of the City Clerk.
Pursuant to Mass. General Laws, Chapter 808, Section 11, the variance or special permit
granted herein shall not take effect until a copy of the decision, bearing the certification
of the City Clerk, that twenty days have elapsed and no appeal has been filed, or that, if
such an appeal has been filed, that it has been dismissed or denied, is recorded in the
South Essex Registry of Deeds and indexed under the name of the owner of record or is
recorded and noted in the owner's Certificate of Title.
Copies of the Decision herein have been filed with the Planning Board and the City Clerk.
$OARD OF APPEAL
Jane T. Lundregan �E
Secretary
C
>TG �Lcr/ n=b af
c SEPTEMBER 27,. 1977 SALrEm, HAS$,ICE
DECISION ON THE PETITION OF SET MING FONG CONCERNING PROPERTY AT 52 ESSEX STREET
A hearing onthisPetition was held Tuesday, September 20, 1977, with members Jane
T. Lundregan, Arthur Labrecque, James Boulger and Associate Member Douglas Hopper
present. Notices were sent to abutters and others in accordance with Mass. General Laws,
Chapter 808.
Additional evidence was heard on this petition on September 27, 1977 with said
members present.
Atty. Albert Pitcoff represented the Petitioner before the Board. The house located .
at 52 Essex Street is a large wood and brick building situated on a large lot with
frontage on both Essex and Forrester Streets. Plans were presented showing the proper
number of parking spaces for a three family dwelling.
The Board voted unanimously to grant a Special Permit requested to allow the second
and third floor at 52 Essex Street to be used as two additional apartments and to complete
11 the work necessary in order to make said apartments usable.
The motion is restricted in that, there shall be no access to the parking area by
way of Forrester Street.
The Board found that it could grant the Special Permit requested because it would
in no way derogate from the intent of the Salem Zoning By-laws and because the use allowable
is one that is in harmony with the surrounding neighborhood.
SPECIAL PERMIT GRANTED **************
-APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.. GEN.
LAWS, CHAPTER 808,. AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING OF THIS
DECISION IN THE OFFICE OF THE CITY CLERK.
PURSUANT TO MASS. GENERAL LAWS, CHAPTER 808, SECTION 11, THE VARIANCE OR SPECIAL PERMIT
GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEARING THE CERTIFICA-
TION OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED, OR THAT,
IFSUCHAN APPEAL HAS BEEN FILED THAT IT HAS BEEN DISMISSED OR DENIED IS RECORDED IN THE
SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER OF RECORD OR IS
RECORDED AND. NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK_
BOARD OF APPEAL
i
Jane T. Lundregan,
• Secretary
ate,
II tTLEIit, tt$$�Tt t$$ RECEIVED
280=b of MWI FES ?5� 8 0 30 AM '77
CITY CLEiiii'b UFFICE
FEBRUARY 24, 1977 SALEM. MASS.
DECISION ON PETITION OF BRICK BLOCK REALTY TRUST, TRUSTEE, TIM HAVEN,
2 CATHERINE LANE, MARBLEHEAD,`M935. CONCERNING PROPERTY LOCATED AT
105-107 ESSEX STREET - 4 UNION STREET.
A hearing on this petition was held January 25, 1977 with members Arthur Labrecque,
Donald Eames, Douglas Hopper, James Boulger and Chairman John Gray present. Notices
were sent to abuttors and others in accordance with Mass. General Laws, Chapter 808. -
The petitioner requested that the Board grant him a Special Permit to vary the use
of a retail flower and plant store to allow him to open a small coffee house serving
coffee, tea and cocoa. The area is zoned R-2 and a Special Permit is needed in order
to convert from one non-conforming use to another non-conforming use. He also wishes
to vary the use of a gift shop to a pottery studio and pottery shop.
% Atty. Ted Moore represented the petitioner before the Board. He noted that the
lding had always been used for retail purposes for as long as two hundred years and
that there had never been any apartments in the building and they did not think the
building could reasonably be used for apartments.
There was no opposition.
Further evidence was presented that no food would be prepared on the premises and
that seating capacity would be approximately 15 to 20 small tables. The off-street
parking garage would be utilized for parking facilities.
The Board voted unanimously to grant the Special Permit requested, to wit, to vary
the use of the gift shop to a pottery studio and shop and to allow the retail flower and
plant store to be converted to a small coffee house. The Board found that the use, as
changed, would not depart from the intent of the Salem Zoning Ordinance. .
GRANTED **** * ****** ***
Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts
General Laws, Chapter 808, and shall be filed within twenty days after the date of filing
of this decision in the office of the City Clerk.
Pursuant to Mass. General Law, Chapter 808, Section 11, the variance, or special permit,
granted herein shall not take effect until a copy of the decision, bearing the certification
jWthe City Clerk, that twenty days have elapsed and no appeal has been filed, or that, if
h an appeal has been filed, that it has been dismissed or denied, is recorded in the
South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded
and noted in the owner's certificate of title.
Copies of the decision herein have been filed with the Planning Board and the City Clerk.
SALEM BOARD OF APPEAL
Y
CITYv- rICr
SALEH.`HASS. SEPTEMBER 20, 1977
DECISION ON THE PETITION OF FEDERAL STREET REALTY TRUST, GEORGE MAGUIRE,
TRUSTEE, ON PROPERTY LOCATED AT 95-97 FEDERAL STREET
A hearing on this petition was held on Sept. 20, 1977 with members Arthur .
Labrecque, Jane T. Lundregan, James Boulger and Associate Member Douglas Hopper
present. Notices were sent to abutters and others in accordance with Mass. General
Laws, Chapter 808.
George Maguire represented himself before the Board. The Petitioner made a
• Direct Appeal to the Board to allow for the use of the property located at 95-97 Federal
Street as a lodging house in an R-2 District. The property in question had formally
been used as a nursing home. The Petitioner wishesto convert the property into a
structure containing 12 rooms and one apartment. The Petitioner stated that the property,
as it now stands, is a fire hazard and is vacant. . It is a sizable lot of 17,000 sq_ ft.
and there isampleroom for parking. The Petitioner stated that he would spend a great
deal of money on the exterior of the building to fix it up and also would do some general
repair work and other interior work.
Several abutters appeared in opposition to the granting of the permit requested.
The abutters felt that the proposed use would be one that would be detrimental to the
surrounding neighborhood and that a more suitable use for the property should be found.
The Board found that the Petitioners request was not within the intent of the Zoning
4
By-laws and would cause additional problems within the neighborhood exceeding the present
problems of having such a vacant structure which is a target for vandalism within the
neighborhood.
The Board found that the intended use as a lodging house and one apartment was not
a use that is compatible within the R-2 Zone. That Board found that to allow such a use
would cause substantial detriment to the surrounding neighborhood and was not within the
intent of the Salem Zoning By-law. The Board found that, although a hardship did exist
with the building, it could not grant a variance on the. property without substantial -
detriment to the surrounding neighborhood.
DIRECT APPEAL DENIED
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS .
GENERAL LAMS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY .CLERK.
PURSUANT TO MASS. GENERAT, LAWS, CHAPTER 808, SECTION 11, THE VARIANCE, OR SPECItL PERMIT,
GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEARING THE CERTIFI-
CATION OF T'HE CITY CLERIC, THAT TWENTY DAIS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED,
OR .THAT, IF SUCH FAN APPEAL HAS BEEN FILED, THAT IT HAS BEEN DISMISSED OR DENIED, IS
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND IN*DE:L=•D UNDER THE NAME OF THE OFr t^ OF
RECORD OR IS RECORDED AND NOTED IN THE OL,%TN .R'S CERTIFICA= OF TITLE.
A COPY OF THIS DECISION HAS BEEN FILED 4JITH THE PLANNING BOARD AND THE CITY CLERK.
B0A-2D OF APPEAL
a l n. cretar
-/Ja:� '�' "`Lundre cr..:.*i SAcre to rsf �--'
_;�Pz/
j 26 API
r'T Y 1, ths,15 OFFICE
AUGUST 16, 1977 SALEN, MASS.
DECISION ON THE PETITION BY ZOLOTAS REALTY TRUST, DOROTHY P: ZOLOTAS,
TRUSTEE, FOR PROPERTY LOCATED AT 3 FORT AVENUE
A hearing on this Petition was held Tuesday, August 16, 1977, with members
Jane Lundregan, Donald Eames, Arthur Labrecque, William Abbott and Associate Member
James Boulger sitting on the Board. Associate Member Douglas Hopper was also
present. .Iotices were duly mailed to abutters and others in accordance with Mass.
General Laws, Chapter 808.
Atty. John Laskaris, 70 Washington St. , Salem, represented the Petitioner
-
before the "Board. The Petitioners are asking for a Special Permit to use the non-
conforming structure in an R-2 District for the purpose of conducting and maintaining
a plumbing, heating, electrical and building supply business in a building that was
once used as a leather factory sometime ago. .
The building will be refurbished and there is ample parking at the rear of the
building with a wide driveway as access to, the parking area as- well as an additional
five foot right-of-way abutting the driveway leading to the rear of the building.
The entire building will not be occupied for this business since thebuildingis quite
large.
The Board voted unanimously to grant the Special Permit requested. The Board
found that the new use of the building as a plumbing, heating, electrical and building
supply business would be equally appropriate to the area as the former use for the
building. The Board also found that it could grant a Special Permit without detriment
to the surrounding neighborhood and that the neighborhood would benefit by the fact
that the building was occupied and being cared for.
SPECIAL PERMIT GRANTED
Appeal from this Decision, if any, shall be made pursuant to Section 17 of the
Mass. General Laws, Chapter 808, and shall be filed within 20 days after the date of.
filing of this Decision in the office of the City Clerk.
Pursuant to Mass. General Laws, Chapter 808, Section 11, the Variance or Special
Permit granted herein, shall not take effect until a copy of the Decision, bearing
the certification of the City Clerk, that 20 days have elapsed and no appeal has been
filed, or that, if such an appeal has been filed, it has been dismissed or denied is
recorded in the South Essex Registry of Deeds and indexed under the name of the owner .
of record or is recorded nad noted on the owner's Certificate of Title
Copy of this Decision has been filed with the Planning Board and the City Clerk.
/Jane T_ Lundreqan ,/- `-'
CHU of 5alm, 40
45 Q
ydR y It; �M '11
�
DECISION Cl7Y C'_: '.'A+J OF'
MARCH 1, 1977 SALEM, HASS-
PETITIONER: Jerrold D. Lurie and PROPERTY LOCATED AT: 20 Gables Circle
Paula E. Lurie ZONED: R-1 District
MAILING ADDRESS: 20 Gables Circle
A hearing on the Petition of Jerrold and Paula Lurie of 20 Gables Circle was
held March 1, 1977, with members Donald Eames, Douglas Hopper, James Boulger, and
Chairman John Gray present.
Absent: Jane Lundregan, William Abbott and Arthur Labrecque
Notices were sent to abuttors and others in compliance with Mass . General Laws. Chap. 808.
The Petitioner requested a variance for relief from minimum setback requirement of
10 feet.
Atty. Michael O'Brien represented the Petitioner before the Board. He noted that
the building was built in 1966 and that it was an error when it was built on the site
and that the porch is in violation of the setback requirement of 10 feet, and the bank
is holding $1,500 in escrow, contingent on the Board granting the variance, which would
allow a five foot setback rather than a 10 foot setback.
• The Board voted unanimously to grant a variance for relief from insufficient set-
back requirement on the westerly side of the property line. The Board found that
since the building was already built that to deny the Petitioner the variance requested
would cause extreme hardship. The Board found that it could grant the variance
requested without substantial detriment to the surrounding neighborhood and without
derogating from the intent of the: Salem Zoning by-law.
GRANTED
Appeal from this decision, if any, shall be made pursuant to Section 17 of the Mass.
General Laws, Chapter 808, and shall be filed within 20 days after the date of filing the
decision in the City Clerk's Office. Copy of the decision herein has been filed with the
Planning Board and the City Clerk.
Pursuant to Mass. General Law, Chapter 808, Section 11, the variance or special permit,
granted herein, shall not take effect until a copy of the decision, bearing the certifi-
cation of the City Clerk, that 20 days have elapsed and no appeal has been filed, or that,
if such an appeal has been filed, that it has been dismissed or denied, is recorded in the
South Essex Registry of Deeds and indexed under the name of the owner of record or is
recorded and noted in the owner's certificate of title.
SALEM BOARD OF APPEAL /
By: Jane T. Lundregan,
• //Secretary
3/7 li
CH13,1 Of
• �j� JEP J6 ''I, n1 CIT' rICE
97� IIT 33 �� 2rTi
M a„
SALEM, HASS. SEPTEMBER 20, 1977
DECISION ON THE PETITION OF LEONE R. TAGLIERI CONCERNING PROPERTY LOCATED
AT 28� GROVE STREET (R-1 DISTRICT)
A hearing on this Petition was held September 20, 1977 with members Arthur
Labrecque, Jane T. Lundregan, James Boulger and Associate Member Douglas Hopper
present. Notices were sent to abutters and others in accordance with Mass. General
-Laws, Chapter 808. The Petitioner requested a Special Permit on said property.
The Petitioner represented herself before the Board with her daughter, Mary
Tagliri, speaking for her mother. The Petitioner wishes to useoneroom in her
home for the purpose of operating a beauty salon in an P.-1 District. The Petitioner
noted that she could not afford to operate her business in someone elses property
with the high overhead costs. The business would be operated by herself. and would
be solely owned by her. The business would not increase traffic in the area and will
be operated 9:00 A.M. to 5:00 P.M. five days a week.
Several abutters appeared to voice their approval of the petition requested-
.The Board voted to grant the petition requested with the following restrictions-
• 1. The Petitioner will only erect a sign that is approved in accordance with the
sign ordinance and approved by the Planning Dept. Said sign will be in keeping with
the residential character of the neighborhood. -
2. The Special Permit will cease with the discontinuance of the business and shall
be granted to the Petitioner only and shall not be used by any other person who may
acquire the property in the future.
The Board found that it could grant the Special Permit requested without substantial
detriment to the surrounding neighborhood and without derogating from the intent of the
Salem Zoning By-law.
SPECIAL PERMIT GRANTED
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSUANT TO MASS. GENERAL LAWS, CHAPTER 808, SECTION 11, THE VARIANCE, OR SPECIAL PERMIT,
GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEARING THE CERTIFI-
CATION OF THE CITY CLERK, THAT TIJENTY DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED, OR
THAT, IF SUCH A24 APPEAL HAS BEEN FILED, THAT IT HAS BEEN DISMISSED OR DENIED, IS RECORDED
IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER. THE NAME OF THE OPNER OF RECORD
OR IS RECORDED AND NOTED IN THE MI'TER'S CERTIFICATE OF TITLE.
• A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
BOARD OF APPEAL,
rt.✓ j �1/�iH��-/`:i_..moi✓
Jane T_ Lundregan
(,. Secretary
cif of 'Salem, nervy sietts
RrCE
Pawb of Appzal hnu i i s lts 11 '17
SEPTEMBER 20, 1977 CITY
SALEH, MASS.
DECISION ON THE PETITION OF EASTERN SPAS, INC. , MARK E. HARRINGTON, LESSEE
CONCERNING PROPERTY AT 84 _HIGHLAND AVE. (R-3 DISTRICT)
*CORRECTION
A hearing on this petition was held on Sept. 20, 1977 with members Arthur Labrecque,
Jane T. Lundregan, James Boulger and Associate Member Douglas Hopper present. Notices
were sent to abutters and others in accordance with. Mass. General Laws, Chapter 808.
Atty. John Serafini represented the Petitioner before the Board to request a Special
Permit to use the premises for purposes of a health club and physical fitness facility
in an R-3 Zone.
Property is located opposite the Salem Hospital and it is the intent of the Petitioner
to occupy the second floor of the premises. There will be no exterior work required
and interior alterations will be simply to remove petitions that were used by the former
tenant.
The Board voted to grant the Special Permit requested with the condition that if they
should go out of business, the Special Permit will cease and the facility will be restricted
•to women and children only. The Board founds that the Special Permit use requested would
be compatible with the surrounding neighborhood and could be allowed without detriment
to the surrounding neighborhood and was within the intent of the Salem Zoning By-law.
SPECIAL PER41T GRANTED with the condition that the Special Permit will cease with the
discontinuance of the business and the facility will be limited to women and children only.
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS. GEN.
LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY DAYS AFTER THE DATE OF FILING OF THIS
DECISION IN THE OFFICE OF THE CITY CLERK.
PURSUANT TO MASS. GENERAL LAWS, CHAPTER 808, SECTION 11, THE VARIANCE, OR SPECIAL PERNffT
GRANTED. HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEARING THE CERTI-
FICATION OF THE CITY CLERK, THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED, OR
THAT, IF SUCH AN APPEAL HAS BEEN FILED, THAT IT HAS BEEN DISMISSED OR DENIED, IS RECORDED
IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER OF RECORD OR
IS RECORDED AND NOTED IN THE OWNER'S CERTIFICATE OF TITLE.
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
BQARD OF APPEAL
ca�wY/ % i ,f l
ane T. Lundregan / `
Secretary
43 a�
E CHU of
� r� ly9i' �Ct' JU i . 4
CITY + r;;°S ury ICE
SALEH, HAS$ SEPTEMBER 20, 1977
DECISION ON THE PETITION OF EASTERN SPAS, INC. , MARK E. HARRINGTON, LESSEE
ON PROPERTY LOCATED AT 84 HIGHLANDAVENUE (R-3 DISTRICT)
A hearing on this petition was held on Sept. 20, 1977 with members Arthur
Labrecque, Jane T. Lundregan, James Boulger and Associate Member Douglas Hopper
present. Notices were sent to abutters and others in accordance with Mass.
General Laws, Chapter 808. - -
Atty. John Serafini represented the Petitioner before the Board .to request a
Special Permit to use the premises for purposes of a health club and physical fitness
facility in an R-3- Zone.
Property is located opposite the Salem Hospital and It is the intent of the
Petitioner to occupy the second floor of the premises. There will be no exterior
work required and interior alterations will be simply to remove petitions that were
used by the former tenant.
The Board voted to grant the Special Permit requested. The Board found that
the Special Permit use requested would be compatible with the surrounding neighborhood
• and could be allowed without detriment to the surrounding neighborhood and was within
the intent of the Salem Zoning By-law.
SPECIAL PERMIT GRANTED ****************
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. -
PURSUANT TO MASS. GENERAL LAWS, CHAPTER 808, SECTION 11, THE VARIANCE, OR SPECIAL P£_RMIT,
GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL ACOPY OF THE DECISION, BEARING THE CERTIFI-
CATION OF THE CITY CLERK, THAT TWENTY DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED,
OR THAT, IF SUCH AN APPEAL HAS BEEN FILED, THAT IT HAS BEEN DISMISSED OR DENIED, IS
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER
OF RECORD OR IS RECORDED AND NOTED IN THE OWNER'S CERTIFICATE OF TITLE.
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK_
BOARD OF APPEAL
mane T. Lundregan
,_Secretary
'a xi
Vf
Juh 13
CITY c, r,.
MAY 17,- 1977 �r`"' � �FFIC€
SALEPl, '>iASS.
carp
DECISION ON THE PETITION OF NAU_MKEAG REALTY FLANAGEMENFOR A SPECIAL PERMIT TO
CONSTRUCT A BRICK MEDICAL OFFICE BUILDING AT THE REAR OF 116 HIGHLAND AVENUE.
A hearing on this Petition was held Tuesday, May 17, 1977 with members Jane
Lundregan, Arthur Labrecque, William Abbott and Associate Members James Boulger and
Douglas Hopper as voting members present. Notices were sent to abutters and others
in accordance with Mass. General Laws, Chapter 808.
Richard E. McKeage represented the Petitioners before the Board. The Petitioners
wish to construct a two story medical office building 76 x 28 feet. Said building
would contain two medical office suites on each floor. The building falls within 1500
feet of Salem Hospital. The Petitioner stated that he has been at his present location
for nine years and has developed the land in back of the existing building at considerable
expense and has complied with all the requirements of the Conservation Commission. The
Petitioner stated that the land was not suitable for single family dwellings and that if
they are unable to build on it they would suffer financial hardship as the land would be
useless for any other purpose.
• The plan presented for the building showed that there will be 30 parsing spaces to
service the building. - -
Several abutters appeared in opposition to the granting of the Petition. The
abutters objected to further commercial activity in an R-1 Zone and felt that the permit,
if granted, would adversely affect their property values.
The Board voted to grant the Special Permit requested with conditions, to wit, the
Board will allow the construction of a two story brick medical office building, 76 ft x 28 ft
with parking for 30 cars. The entrance way to the property will be 24 feet wide with granite
curb cuts and the sidewalk must be level right to the drive way entrance. The Board found
that the property could not be suitable for a single family dwelling and that the construc-
tion of the medical office building would be the best use for the property. The Board found
that it could grant the Special Permit requested without substantial detriment to the
surrounding neighborhood and without derogating from the intent of the Salem Zoning by-law.
GRANTED *****************
Appeal from this Decision, if any, shall be made pursuant to Section 17 of the Mass.Gen.
Laws, Chapter 808, and shall be filed within 20 days after the date of filing of this
Decision in the office of the City Clerk.
Pursuant to Mass. General Laws, Chapter 808, Section 11, the Variance or Special Permit
granted herein, shall not take effect until a copy of the Decision, bearing the certifica-
tion of the City Clerk that 20 days have elapsed and no appeal has been filed or that, if
such an appeal has been filed, that it has been dismissed or denied, is recorded in the
South Essex Registry of Deeds and indexed under the name of the owner of record or is
recorded and noted on the ouner's Certificate of Title. Copies of this Decision have been
filed with the Planning Board and the City Clerk.
BOARD OF APPEAL
BV: /.Vane T. L reaan �-
i
of
P.xri .f �Ypzal
February 2, 1978
John L. O'Brien, Registrar
Registry of Deeds
Federal Street
Salem, Massachusetts 01970
ATTENTION: Pauline McCarthy
Dear It. O'Brien:
• This letter will serve as authorization for Pauline McCarthy to add
the work "Corp." after the words Naumkeag Realty Management in the Decision
of the Board of Appeal submitted May 17, 1977 for property located at 116
Hi.ghland.Avenue, Salem, Mass.
Sincerely yours,
Ethel C. Crowell
Clerk
ec
•
CIZI tIlPi{i D
NOVEMBER 29, 1977 C1 'y
DECISION ON THE PETITION OF WOMANCO, INC. , 11 VILLAGE SQ. , CHEIINSFORD, MASS.
CONCERNING PROPERTY LOCATED AT HNVTHORNE SQUARE, HIGHLgND AVENUE (B-2 DISTRICT)
A hearing on this petition was held November 29, 1977 with Board members Donald
Eames, Jane Lundregan, Arthur Labrecque, William Abbott and Douglas Hopper present.
Notices were sent to abutters and others in accordance with Mass. Gen. Laws, Chapter
808.
Atty. Robert Ledoux, 60 Washington St. , Salem, represented the Petitioner before
the Board.
The Petitioners are seeking a permit to use a portion of the shopping area at
Hawthorne Square as a woman's health spa and figure salon. The area in question is
located within a B-2 District and a part of the shopping mall complex.
The Petitioners stated that a woman's health spa and figure salon is a traditional
use in a mall type shopping area. It is no way detrimental to the shopping area and
• would create an unnecessary hardship if not allowed. In addition, the Petitioner
pointed out that there are several shopping areas in the surrounding cities that con-
tain a woman's salon.
The Board voted unanimously to grant the Special Permit requested. The Board found
that the use requested is in harmony with the uses found in a mall area and that to
grant the Special Permit requested would not be detrimental to the mall shopping area
or derogate from the intent of the Salem Zoning by-laws.
SPECIAL PERMIT GRANTED Y*** *x***
.APPEAL FROM THIS DECISION, IF ANY, SHALL BE PELADE PURSUANT TO SECTION 17 OF THE MASS.
GEN. L43VS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY DAYS AFTER THE DOTE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSUANT TO MASS. GEN. LAWS, CHAPTER 808, SECTION 11, THE VARIANCE, OR SPECIAL PERMIT
GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEARING THE CERTI-
FICATION OF THE CITY CLERK, THAT T6YENTY DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED,
OR THAT, IF SUCH AN APPEAL HAS BEEN FILED, THAT IT HAS BEEN DISMISSED OR DENIED, IS
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEPS AND INDEXED UNDER THE MANE OF THE OWER
OF RECORD OR IS RECORDED AND NOTED IN THE OWNERS CERTIFICATE OF TITLE.
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLNNINING BOARD AND THE CITY CLERK.
• BO,W OF APPEAL,
L/,J'ane T. Lundregan
Secretary
of 11'altMl 1 a51Bar47u SIVED
r, g Poarb of A"ral Juh 1q 113PH177
CITY CLER;'S OFFICE
MAY 17, 1977 SALEM, MASS.
DECISION ON THE PETITION OF HIGHLAND REALTY TRUST, S. ROBERT RIMER, FOR A
SPECIAL PERMIT FOR THE USE OF THE PROPERTY LOCATED AT 269 HIGHLAND AVENUE
A hearing on this Petition was held Tuesday, May 17, 1977, with members Jane
Lundregan, Arthur Labrecque, William Abbott, and Associate Members James Boulger
and Douglas Hopper as voting members, present. Notices were sent to abutters and
others in accordance with Mass. General Laws, Chapter 808.
Atty. John Serafini represented the Petitioner before the Board. The Petition-
ers wish to use a vacant piece of property in question for the sale of used motor
vehicles. The Petitioner stated that he has been paying taxes for a number of years
on the property and would like to be able to recoup some money from the property,
and to earn money in order to keep paying the taxes on the property. The property
will be developed for other uses At a further point in time.
The Board granted the Special Permit requested with the following conditions:
', • 1. The Special Permit shall completely expire in five years;
2. No business will be conducted after 6:00 P.M.;
3. No junk cars will remain on the property;
4. No major auto repair work will be performed on the property;
5. No auctions will be held;
6. No private sales will be made on the property except to dealerships;
7. No string lights or pennants will be hung;
8. The number of cars on the property shall he limited to 175 in total;
9. The entrance and exit shall be a maximum of 20 feet wide each, with curb
cuts at each entrance and exit.
The Board found that it could grant said Special Permit without derogating from
the intent of the Salem Zoning By-laws or without detrimental affect on the surrounding
neighborhood.
GRANTED
Appeal from this Decision, if any, shall be made pursuant to Section 17 of the Mass.
Gen. Laws, Chapter 808, and shall be filed within 20 days after the date of filing of
this Decision in the office of the City Clerk.
Pursuant to Mass. General Laws, Chapter 808, Section 11, the Variance or Special Permit
granted herein, shall not take effect until a copy of the Decision, bearing the
certification of the City Clerk that 20 days have elapsed and no appeal has been filed,
or that, if such an appeal has been filed that it has been dismissed or denied is
• recorded in the South Essex Registry of Deeds and indexed under the name of the owner of
record or is recorded and noted on the owner's Certificate of Title.
Copies of this Decision have been filed with the Planning Board and the City Clerk.
BOARD OF APPEAL
ane T. Lundregan Y+/
ecretary
CCn91T1, \ .
A ;, atit QTg# III o nbzn, as-sarlpseB
EiY ALCM �3 AUGUST 16, 1977
DECISION ON THE PETITION SUBMITTED BYLAWRENCER. KING, FOR- A VARIANCE
ON THE PROPERTY LOCATED AT 8 HURON STREET (R-2 DISTRICT)
A hearing on this Petition was held on Tuesday, August 16, 177, with members
Jane Lundregan, Donald Eames, Arthur Labrecque, William Abbott, and Associate
Member James Boulger sitting on the Board. Associate. Member Douglas Hopper was also
present. Notices were mailed to abutters and others in accordance with Mass.
General Laws, Chapter 808.
The Petitioner is requesting a variance on the front and side setback requirements-
in order to construct a 12 ft. x 35 ft. addition to the side of his dwelling to allow
for a larger living room area. The new addition will follow the existing non-conforming
front setback along Hubon Street. The addition is to be a one story structure with
a full basement and bath. There will be a main entrance and a bulkhead into the basement..
r
The Board voted to grant the variance requested which would extend the non-conformity
of the lot because of insufficient setback. The building addition thereby granted the
variation from the setback requirement. The Board found that the lots in the area were
• generally undersized and that to allow the addition would in no way be detrimental to
the surrounding neighborhood.
VARIANCE GRANTED ****************
Appeal from this Decision, if any, shall be made pursuant to Section 17 of the
Mass. General Laws, Chapter 808, and shall be filed within 20 days after the date of
filing of this Decision in the office of the City Cler$.
Pursuant to Mass. General Laws, Chapter 808, Section 11, the variance or Special
Permit granted herein, shall not take effect until a copy of the Decision, bearing
the certification of the City Clerk, that 20 days have elapsed and no appeal has
been filed, or that, if such an appeal has been filed, it has been dismissed or denied
is recorded in the South Essex Registry of Deeds and indexed under the name of the
owner of record or is recorded and noted on the owner's Certificate of Title.
A copy of this Decision has been filed with the Planning Board and the Cit, Clerk-
BOARD OF APPEAL
Jane T. Lundregan✓T
✓Secretary
ACM, a E Y I V F o.
. • poarb of Meal JEP 131 08
�,5 Ur�iCE
SEPTEMBER 9, 1977 CITY �Lt•."•i -
SALEM, MASS.
DECISION ON THE PETITION OF THE CITY OF SALEM CONCERNING PROPERTY LOCATED AT
5 JEFFERSON AVENUE (INDUSTRIAL ZONED)
A hearing on said Petition was held August 30, 1977. The Petition at that time
was denied. In accordance with Mass. Gen. Laws. , Chapter 48, Section 16, the Board
of Appeal voted that said Petition should be reconsidered because of specific
material changes in the conditions upon which the previous unfavorable action was
granted.
The previous Petition was denied because it was found by the Board that the
Planning Board did not support the Petition. The Planning Board unanimously con-
sented to the reconsideration of said Petition. Attached hereto is the letter from
the Planning Board and their consent to reconsideration of said Petition.
The Petition was reconsidered on Sept. 9, 1977 with Board members Jane T. Lundregan,
Arthur Labrecque, William Abbott, James Boulger and Associate Member Douglas Hopper
present. James Boulger was appointed Acting Chairman for the meeting.
Anthony V. Fletcher, City Engineer, represented the City before the Board. The
City is requesting a variance for the property located at 5 Jefferson Avenue in order
to erect on said property a new Public Works Garage. Said construction will consist
of a main building and two other structures to be used for vehicle storage.
A variance is requested under Section 7, Subsection P, Wetlands and Flood Hazard
District, paragraph 4 of the Salem Zoning Ordinance. Condition j was found not to
be fulfilled and that the floor elevation of the two vehicle storage buildings is
proposed to be 13.75 ft. Mean Sea Level which is below the 100 year flood level of
15.36 ft. Mean Sea Level. The Planning Board had denied the City a Special Permit
because of the fact that Condition j was found not to be fulfilled.
Mr. Fletcher pointed out that. only the vehicle storage buildings would be located
on the property that does not meet the required flood level. Said buildings will not
house or aid administrative or maintenance functions and they will not be heated. They
will be serviced only by electricity. . Therefore, he felt that potential flood damage
to these buildings would be negligible. Secondly, evidence was presented that, because
of the irregular shape of the site, raising the level of all of the buildings would
result in a site typography that would be unworkable and hazardous in terms of drainage
and vehicle circulation. Also, the cost of raising the site would be very great and
it would be cheaper in the long run to have additional flood insurance rather than
spend the additional money needed in order to raise the site.
DECISION ON THE PETITION CONCERNING PROPERTY LOCATED AT5JEFFERSON AVENUE-PAGE 2
RUEIVED
SEP 13 ii G$ H '
The City also requested a variance from the density regulations under Section 6,
Table 2. Specifically, the City requests variances from the front 49 I J fid£
minimum depth. The proposed side yard would be 0 feet and the pro pose'ti@the
front yard, 3 feet: _The site is an irregular shape and restricts the potential utilization of the site
for any type of building or development. The proposed placing of the vehicles also
would help in establishing a more efficient circulation pattern.
Evidence was also presented that the abutting buildings in the area are non-
conforming as to the density requirements also.
The Board voted to grant the variance requested, to wit, a variance under Section
7, Subsection P, Wetlands and Flood Hazard Districts, Paragraph 4, Condition j, to
allow the two vehicle storage structures to be constructed on a floor elevation of
13.75 feet :lean Sea Level which is below the 100 year flood level of 15.36 ft. Mean
Sea Level. The Board found that the nature of the property is such that the cost of
raising the site would be prohibitive and would require an extensive land fill.
The Board also found that the raising of the site would result in a two acre site
and only three feet higher than the surrounding typography. The Board found that
there is little danger and the insuring against flood hazard is a more practical
solution than raising the site.
Section 7- of the Salem Zoning Ordinance requires the following statement to be.
included in the granting.of said variance: "The construction of a structure below
the base flood level increases risk to life and property and would result in increased
premium rates for flood insurance up to amounts as high as $25 for $100 of insurance
coverage, ,Section 7 also requires that a copy of this variance be recorded by the
applicant at the Registry of Deeds."
The Board also voted to allow variances from Section 6, Table 2 . of the Business
and Industrial Density Regulations which require a minimum depth of a front yard of
30 feet and a minimum width of side yard of 30 feet to allow the building proposed
to be constructed with a 3 -ft. front yard depth and a 0 side yard width. The Board
found that the irregular triangular shape of 'the site greatly restricted the potential
utilization of the site and that the proposed facing of the buildings on the site was
the most efficient use of the land. The Board also found that the abutting property
to the site was all non-conforming- as to density regulations. The Board found that it
could grant the variance requested without. derogating from the Salem Zoning Ordinance
or without harm to the surrounding neighborhood.
GRANTED
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GEN. LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING OF
THIS DECISION IN THE OFFICE. OF THE CITY CLERK.
PURSUANT TO MASS. GEN. LAWS, CHAPTER 808, SECION 11, THE VARIANCE OR SPECIAL PERMIT
GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEARING THE
CERTIFI-CATION OF THE CITY CLERK, THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED, OR
THAT, IF SUCH AN APPEAL HAS BEEN FILED, IT HAS BEEN DISMISSED OR DENIED IS RECORDED IN
TME SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER OF RECORD OR
IS RECORDED AND NOTED ON THE OW'NER'S CERTIFICATE OF TITLE..
A COPY OF THIS DECISION HAS BEEN FILED WITH THE $LANNING BOARD AND THE CITY CLERK.
PfLTrt dean, etre
• p G 3 p,u
5''.s Poarb of ��,1 Cnj �nY � ?! 90 7l, 'i
CITY Lc.?r:'S iFFICE
APRIL 21, 1977 SALEM. MASS.
DECISION ON PETITION OF DR. J. ROBERT SHAUGHNESSY CHRONIC DISEASE
REHABILITATION HOSPITAL LOCATED OFF JEFFERSON AVE. -
A hearing on the Petition of the Dr. J. Robert Shaughnessy Chronic Disease
Rehabilitation Hospital located off Jefferson Ave. to be allowed to con-
struct a sign which does not conform to Section 3-45 Para. E of the Salem Sign
Ordinance was held on April 21, 1977 with Members Jane Lundregan, Donald Eames,
Arthur Labrecque, William Abbott, John Gray and Associate Members James Boulger
and Douglas Hopper present.
Dr. Kaplan represented the Hospital before the Board. The Petition is an appeal
from the decision of the Salem Planning Dept. denying a permit for the construc-
tion of a sign on the corner of Jefferson Ave. , an un-named street, leading to
Shaughnessy Hospital to measure five feet six inches x 20 feet and have an area
of 100 sq, feet. The permit was denied because the sign does not conform with
the provisions of Section 3-45 Para. E of the Sign Ordinance, which specifies
that if there are. one or two uses on a lot, as defined by Section 5 of the Zoning
Ordinance, the area of the sign cannot exceed 65 sq. ft.
In representing his case, Dr. Kaplan stated that people will be going along
Jefferson Ave. at a fast pace and will'rneed�a large sign to be visable. There is
a temporary small sign there now and he stated that people are failingtosee it now.
The location for the new sign is at the corner of Jefferson Ave. on City property.
Gregory Senko, City Planner, appeared in opposition noting that the Sign Ordinance
has been in effect since 1973 and that efforts had been made to come to a compromise
with the Hospital to enable them to design a sign within the guidelines of the Ordi-
nance and that there had been little cooperation in this regard.
The Board voted unanimously to deny the Petition requested. The Board found that
the evidence presented by Dr. Kaplan did not sustain a finding of hardship which would
enable the Board to grant a variance from the Salem Sign Ordinance, therefore, the
Petition was denied
DENIED *****************s
Appeal from this decision, if any, shall be made pursuant to Section 17 of the Mass.
General Laws, Chapter 808, and shall be filed within 20 days after the date of filing
of this decision in the office of the City Clerk.
Pursuant to Mass. General Laws, Chapter 808, Section 11, the variance or special permit,
granted therein, shall not take effect until a copy of the decision, bearing the certi-
fication of the City Clerk, that 20 days have elapsed and no appeal has been filed, or
that, if such an appeal has been filed, that it has been dismissed or denied, is recorded
in the South Essex Registry of Deeds and indexed under thenameof the owner of record
or is recorded and noted on the owner's certificate of title. Copies of the decision
j have been filed with the Planning Board and the City Clerk.
SA111}EM BOARD OF .yAPPEAL ,l
By://{,-ane T. Lundr gan /
/ Secretary
A6,
(9B$u of Salem, a5,,aaL4USef $R E C E I V E D
Puttrb of �Ppenl MAY 9 11 91 AV77
APRIL 21, 1977 CITY OFFICE
SALEM MASS.
DECISION ON THE PETITION OF McDUFF'S SWIMMING POOL SUPPLY CENTER, 43
JEFFERSON AVE. . (INDUSTRIAL DISTRICT)
A hearing on the Petition of McDuff's Swimming Pool Supply Center at 43 Jefferson
Ave. (Industrial District) was held April 21, 1977 to install three tank pools
for display purposes with Jane Lundregan, Donald Eames, Arthur 'Labrecque, William
Abbott, John Gray and Associate Members James Boulger and Douglas Hopper present.
The Petitioner represented himself before the Board. The Petitioner's wish is to
install three tank pools for display purposes only. The Petitioner stated that the
pools will not be used for swimming or bathing and will be dismantled in the late
fall of the year. All three pools will be enclosed with a seven foot chain link
fence. The Petitioner stated that without the demonstration pools, their sales
would be affected tremendously. The Petitioner stated that he needed the demon-
stration pools in order to effectively carry on his business. Therefore, the
Petitioner asked the Board to vary the provisions of Section 5, Para. B-9 which
specifically prohibits the construction of swimming pools in an industrial district.
The Board voted to grant the Petition requested. The Board found that it could
• differentiate between the erection of a swimming pool to be used for pleasure and a
swimming pool to be used for demonstration purposes for a company which sells pools.
The Board found that it could grant said Petition without derogating from the intent
of the Salem Zoning by-law,without detriment to the surrounding neighborhood.
The Petition is allowed to enable the Petitioner to install three tank pools for
display purposes. Said pools will not be used for swimming or bathing and will be
dismantled in late Fall of the year and all three pools will be enclosed with a seven
foot chain link fence.
PETITION GRANTED *********************
Appeal from this decision, if any, shall be made pursuant to Section 17 of the Mass.
Gen. Laws, Chapter 808, and shall be filed within 20 days after the date of filing of
this decision in the office of the City Clerk.
Pursuant to Mass. General Laws, Chapter 808, Section 11, the variance or special permit,
granted herein, shall not take effect until a copy of the decision, bearing the certi-
fication of the City Clerk, that 20 days have elapsed and no appeal has been filed, or
that, if such an appeal has been filed, that it has been dismissed or denied, is recorded
in the South Essex Registry of Deeds and indexed under the name of the owner of record
or is recorded and noted on the owner's certificate of title. Copies of this decision
have been filed with the Planning Board and the City Clerk.
SALEM BOARD OF APPEAL
By: J�n T.�Lund!-�gr��" an�_7�'E
Secretary
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(9itV of tIIPITt� �S SfILI�LlS� �
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CITI CLL M MASSEtCE
Poarb of LAppeal
DECISION
PETITIONER: F. Robert Ruscio PROPERTY LOCATED AT: 60 Jefferson Avenue
DISTRICT: R-2 Zoning District
A hearing was held on this petition February 8, 1977 with Jane Lundregan,
Messrs. Labrecque, Boulger, Hopper and Gray present. Notices were sent to abuttors
and others in compliance with Mass. General Laws, Chapter 808.
F. Robert Ruscio requested a Special Permit to use the premises at 60 Jefferson
Avenue for the business of light fender and auto body repair work in an R-2 District.
The premises presently is a non-conforming__use, ageneral garage.
Mr. Joseph Ingemi represented the petitioner before the Board. The property located
at 60 Jefferson Avenue is in an R-2 District. The Petitioner requested a Special Permit
to use the premises for another different non-conforming use, to wit, a light fender and
auto body workshop. The Petitioner noted that there are several businesses in the area
and the building is located opposite the Michaud Bus Line. The abuttors have indicated
to the Petitioner that they have no objection to the operation of a body repair shop.
No one appeared in opposition.
The Board voted unanimously to grant the Special Permit requested to permit F. Robert
Ruscio to conduct a light fender and auto body repair shop at 60 Jefferson Avenue and that
it must meet with the approval of the Fire Marshal's office.
The Board felt that the conforming use which will be allowed by the Special Permit
will not depart from the intent of the Salem Zoning Ordinance and will not depart in
great extent from the prior use, or degree of use, of the building as a general garage.
The Board found that the use of the building would not be increased in volume unreason-
ably. The Board noted that there are other several businesses in the area and its general
character is not one of residential use.
PERMIT GRANTED
Appeal from this decision, if any, shall be made pursuant to Section 17 of the Mass.
General Law, Chapter 808, and shall be filed within twenty days after the date of filing
of this decision in the office of the City Clerk. Copy of the decision herein has been
filed with the Planning Board and the City Clerk.
Pursuant to Mass. General Law, Chapter 808, Section 11, the variance, or special permit,
granted herein, shall not take effect until a copy of the decision, bearing the certifi-
cation of the City Clerk, that twenty days have elapsed and no appeal has been filed, or
that, is such an appeal has been filed, that it has been dismissed or denied, is recorded
in the South Essex Registry of Deeds and indexed under the name of the owner of record or
... is recorded and noted in the owner's certificate of title.
SALEM BOARD OF APPEAL
BY: _
;Jane T. Lundregan, Secr7lary
11 /1
Poarb of CAppeal MAY 1151 Ah '77
APRIL 5, 1977 CITY OFFICE
SALEM. MASS.
DECISION ON THE PETITION OF GEORGE AND_ROBERT MAGUIRE FOR PROPERTY LOCATED
AT 11-13 KOSCIUSKO ST. (R-2 DISTRICT)
A hearing on the Petition of George and Robert Maguire byitheir Attorney, George P.
Vallis of 70 Washington Street, Salem, was held with Members Jane Lundregan, Donald
Eames, James Boulger,Douglas Hopper and John Gray present. Notices were sent to
abutters and others in accordance with Mass. General Laws, Chapter 808 concerning
property located at 11-13 Kosciusko Street located in an R-2 District appealing a
decision of the Building Inspector's office to halt any further remodeling on the
property until it could be determined as to whether the building could properly be
used for a four unit dwelling house due to the Inspector's opinion that the non-
conforming use had been discontinued for a period longer than one year.
Hearing on this Petition was held February 8, 1977 with members Gray, Lundregan,
Labrecque and Associate Members Boulger and Hopper present (Appointed as voting members) .
Further evidence was heard by the Board on the meeting held April 5, 1977 with Members
Jane Lundregan, Donald Eames, James Boulger, Douglas Hopper and John Gray present.
�Atty. Vallis represented the Petitioners before the Board. Mr. Vallis stated that his
lients are not looking for a variance from the regulations of an R-2 District, or a
Special Permit, but is appealing the decision of the Building Inspector denying the
building permits on the basis of Section 8, E.6. of the Salem Zoning Ordinance which
states "If a non-conforming use of a structure or, structure and premises in combina-
tion, is abandoned, or is discontinued for 12 consecutive months, the structure, or,
structure and premises in combination shall not thereafter be used except in conformance
with the .regulations of the District in which it is located."
The building located at 11-13 Kosciusko St. is located in an R-2 District and therefore
its use as a four family dwelling is a non-conforming use. The question that the Board
considered therefore was, whether, because of the fact that the building had not been
used as a four family for 14 years, said use was in fact abandoned and reverted to a two
family use making the use as a four family unavailable to the Petitioner.
The Board heard evidence on this point.
Evidence was presented by the Petitioner that the history of the property over the years
was for use as a four family dwelling. The Petitioner also presented testimony from
Lillian Pszenny, former owner of the structure, who stated that she always intended to
continue the use of the building as a four family structure and she continued to maintain
the building to the best of her ability, keeping the electrical meters in tact and con-
tinuing to heat the building. She stated that she did not rent the building because she
did not have the funds to maintain the building and keep it in a rentable condition, how-
ever, she said that at no time did she intend to abandon said use. _
•Mr. Vallis noted that the electric meters in the apartment were active until a couple of
years ago.
Evidence was also presented by persons appearing in opposition to the granting of the
Petition.
L
Decision on the Petition Concerning
�11-13 Kosciusko Street -2- RECEtvED '' April 5, 1977
CITY
ppgqy
Mr. Roman Pucko read his statement (on file) notingSA4e,Fa�%4e_,gSS:r'.emises were boarded
up, abandoned, and in disrepair, with no attempt or effort on the part of the owners
to make it habitable.
The premises -have not been used as four family for a period of fourteen years.
Mr. Lussier also testified that at one time Mr. Pszenny, who was Lillian Pszenny's
brother, asked him to tear down the premises located at 11-13 Kosciusko Street.
Mrs. Pszenny said,to her knowledge, her brother never had any intention of tearing down
the premises.
On the basis of the evidence presented, the Board voted 3 to 2 that the evidence showed
that there wasanintent to abandon the use of the structure as a four family unit and
.therefore upheld the decision of the Building Inspector's office in denying the
building permit to the Petitioners. -
DENIED
Oppeal from this decision, if any, shall be made pursuant to Section 17 of the Mass. Gen.
Laws, Chapter 808, and shall be filed within 20 days after the date of filing of this
decision in the office of the City Clerk.
Pursuant to Mass. General Laws, Chapter 808, Section 11, the variance or special permit,
granted herein, shall not take effect until a copy of the decision, bearing the certi-
fication of the City Clerk, that 20 days have elapsed and no appeal has been filed, or
that, if such an appeal has been filed, that it has been dismissed or denied, is recorded
in the South Essex Registry of. Deeds and indexed under the name of the owner of record
or is recorded and noted on the owner's certificate of title. Copies of this decision
have been filed with the Planning Board and the City Clerk.
_ SALEM BOARD OF APPEAL
By: 44ne T. Lundregan
; Secretary
J
OCT
DIF r'��PITi EC_iYED
SEP I q 3 44 PH '77
AUGUST 30, 1977 C(T f SALEM,
M 0,ASS.ICE
.
DECISION ON THE PETITION OF GEORGE & ROBERT M_AGUIR: FOR PROPERTY LOCATED
- AT 11-13 KOSCIUSKO STREET (R-2 District)
A hearing on the Petition of George & Robert Maguire by their Atty. , George P.
Vallis, of one Church Street, Salem, was held with Members Donald Eames, Arthur
Labrecque, William Abbott, James Boulger and Douglas Hopper present. Notices were
sent to abutters and others in accordance with Mass. General Laws, Chapter 808,
concerning property located at 11-13 Kosciusko St. , located in an R-2 District,
requesting a Special Permit for the use of the property as a four family dwelling
in an R-2 District.
Mr. Vallis noted that this matter had been before the Board on three occasions,
once on the question of abandonment which the Board rendered its decision in favor
of abandonment. The present petition is for a Special Permit for the- use -of the
property as'a four family dwelling in an R-2 District.
The Petitioner stated that it was common knowledge that the building had been
used for several years as a four and six family dwelling house and there presently
exists in the building separate utilities and facilities for its. use as a four
family dwelling house. The size of the building (20 rooms) makes it economically
unfeasible to be used as a two family dwelling. The use of the building as a four
family unit would be more in harmony with the zoning ordinance because as a two
family unit it would probably. be rented to families with a large number of children
thereby creating more congestion in the neighborhood.
Mr. Louis Pucko of 12 Kosciusko St. spoke on behalf of the residents in the
neighborhood in opposition to the petition. noting that 70% of the buildings on
Kosciusko St. are single family dwellings. Mr. Pucko also noted that when the build-
ing was purchased in Sept. , the owners proceeded to remodel the building without a
building permit for the outside work. The Building Inspector was contacted and they
were told to stop work. Mr. Pucko advised the Board that this particular building was
used as a two family for many years and that there was no room for parking for four
dwelling units. The streets are presently crowded with cars and the sidewalks are
narrow and that there are tires when people have to walk in the street.
Councillor George Nowak appeared in opposition noting that parking is the biggest
problem in that area.
Tb.eBoard counted 11 residents present from the neighborhood as being opposed
to the granting of the Petition.
19h±.ISION FOR 11-.13 KOSCIUSKO ST. Page 2 "
OThe Petitioner requested the Board consider the building use as a three
family dwelling unit, if the use as a four family unit were denied.
The Board noted that this matter would have to be readvertised and the Peti-
tioner would have to appear again before the Board.
The Board voted unanimously to deny the Special Permit. The Board found that
the Special Permit use requested was detrimental to the neighborhood and therefore
the Board could not grant the Special Permit without derogating from the intent of
the Salem Zoning By-laws.
SPECIAL PERMIT DENIED *****************
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE
MASS. GEN. LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF
FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. -
PURSUANT TO MASS. GEN. LAWS CHAPTER 808, SECTION 11, THE VARIANCE OR SPECIAL _
. PERMIT GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEARING
THE CERTIFICATIONOFTHE CITY CLERK, THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS
BEEN FILED;'OR THAT, IF SUCH AN APPEAL HAS BEEN FILED, IT HAS BEEN DISMISSED OR
DENIED IS .RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME
OF THE OWNER OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
A COPY OF THIS DECISION HAS BEEN FILEDWITHTHE PLANNING BOARD AND THE CITY CLERK.
BOARD OF APPEAL -
Douglas 21opper
Acting Secretary
i
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Poarb of Ilpprttl JUN I 112 PN 177
w ® CITY CLERN'S OFFICE
MAY 17, 1977 SALEM. MASS.
DECISION ON THE PETITION OF ROBERT W. GREEN TO COMPLETE WORK ON APARTMENTS
AT 245 LAFAYETTE STREET. -
A hearing on the Petition of Robert W. Green to complete work on four
apartments at 245 Lafayette Street, previously granted had expired, with
members Jane Lundregan, Arthur Labrecque, William Abbott, and Associate
Members James Boulger and Douglas Hopper, present. Notices were sent to
abutters and others in accordance with Mass. General Laws, Chapter 808.
Atty. George Vallis represented the Petitioner before the Board. The
Petitioner wishes to finish three one bedroom apartments and one two bedroom
apartment in the basement at 245 Lafayette Street and provide the additional
parking as required.
The plan for additional parking was presented to the Board. The additional
parking would be provided by leasing an adjacent lot to the property in question.
• The Petitioner stated that with increased taxes it is a necessity for the
owner to add the additions to pay taxes.
The Board voted to grant the Petition requested to allow for the construction
of the additional apartments. The Special Permit was granted with the condition
that Mr. Green sign a 25 year lease with a ten year option for additional land
which is to be used to provide parking for the tenants in accordance with the plan
on file at the City Clerk's office.
GRANTED
Appeal from this Decision, if any, shall be made pursuant to Section 17 of the Mass.
Gen. Laws, Chapter 808, and shall be filed within 20 days after the date of filing of
this Decision in the office of the City Clerk.
Pursuant to Mass. Gen. Laws, Chapter 808, Section ll,the Variance or Special Permit
granted herein, shall not take effect until a copy of the Decision, bearing the
certification of the City Clerk that 20 days have elapsed and no appeal has been
filed, or that, if such an appeal has been filed that it has been dismissed or denied
is recorded in the South Essex Registry of Deeds and indexed under the name of the
owner of record or is recorded and noted on the owner's Certificate of Title.
Copies of this Decision have been filed with the Planning Board and the City Clerk.
BOARD OF APPEAL
• - G'-it"i' /. r,-cl-,tea..,.,
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retary
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CITE
SEPTEMBER 20, 1977 .
DECISION ON THE PETITION OF ROBERT M. St.PIERRE,. CONCERNING
PROPERTY LOCATED AT 9 LARCH AVENUE - R-1 DISTRICT
A hearing on this petition was held on September 20, 1977 with members Arthur
Labrecque,. Jane T. Lundregan, James Boulger and Associate Member Douglas Hopper
present. Notices were sent to abutters and others in accordance with Mass. General
Laws, Chapter 808. The Petitioner requested a variance on the property located at
9 Larch Avenue.
The Petitioner represented himself before the Board. The Petitioner requested
• a variance on thesideyard densityrequirementsof 10 feet in order to be allowed
to erect a fireplace chimney which would measure approximately 18 inches by 60 inches
and would invade the sideyard density requirement of 10 feet by approximately 18 inches.
The Petitioner stated that the shape of the yard was such that thechimneycould
only practically be located in that position as shown on the attached plan.
The Board voted unanimously to grant the variance requested, to wit, a variance
for the sideyard requirement of 10 feet to allow the construction of a chimney approxi-
mately 18" x 60" which would invade the sideyard requirement of 10 feet by 18 inches.
The Board found that it could grant the variance requested without any detriment to the
surrounding neighborhood and that to deny the petition would cause a hardship to the
Petitioner.
VARIANCE GRANTED
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSUANT TO MASS. GENERAL LAWS, CHAPTER 808, SECTION 11, THE VARIANCE, OR SPECIAL PERMIT,
GRANTED.HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF TETE DECISION, BEARING THE CERTIFI-
CATION OF THE CITY CLERK, THAT TWENTY DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED,
OR THAT, IF SUCH AN APPEAL HAS BEEN FILED, THAT IT HAS BEEN DISMISSED OR DENIED, IS
RECORDEDINTHE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER OF
RECORD OR IS RECORDED AND NOTED IN THE OWNER'S CERTIFICATE OF TITLE. -
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CI'T'Y CLERK.
BOARD OF APPEAL
✓ G
•ane T. Lundregan
Secretary
w ` G,c�.,-.;,,ted• ��U3(N,/v�'/,.d'ljd' l �l ��e-w..-.�!'-�F 9-F� !/:
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� V l e y n r3 of z 1 SEP N i 45 Pi! °11
AUGUST 30, 1977 CITY C!r: RV S OFFICE
SALEM. MASS.
DECISION ON THE PETITION OF OMER R. TALBOT AND IDA M. TALBOT, TRUSTEES OF
MEGALOPOLIS REALTY TRUST .FOR PROPERTIES LOCATED AT 1 AND 3 LAURENT ROAD
A hearing on the Petition of Omer R. Talbot and Ida M_ Talbot was held with
members Donald Eames, Arthur Labrecque, William Abbott, James Boulger and Douglas
Hopper present. Notices were sent to abutters and others in accordance with Mass.
General Laws, Chapter 808, concerning properties located at 1 and 3 Laurent Road
in an R-3 District. -
The property has two buildings, each containing four dwelling units. The
Petitioner requests a variance from the density regulations in order to add two
additional dwelling units to each building.
Atty. George P. Vallis, One Church St. , represented the Petitioners and pre-
sented the Board with a petition signed by 75 residents in favor of granting the
variance. i4r. Vallis noted that the requirements of the zoning ordinance had changed
with respect to R-3 unit requirements from 1,000 sq. ft. to 3,500 sq. ft. per unit. -
Each lot contains 16,000 sq. ft. The Petitioner would like to install two additional
units per dwelling. The present units do not provide adequate income for aprofitable
operation. Mr. Vallis provided financial information to substantiate the need for
additional income in order to meet expenses. There is presently the required
parking spaces (18) . There is a right-of-way that may be granted in the event the
buildings are sold to separate parties in the future in order that the parking
spaces may be used by both buildings..
Councillor Joseph Seraceno noted to the Board that he has had no objection from
his Ward area
Leo Corbin, 231 Jefferson Ave. , stated that he is in favor of the variance being
granted.
No one appeared in opposition.
The Board voted 4-0 to grant the variance for two additional dwelling units to
each building at 1 & 3 Laurent Rd. James Boulger refrained from voting.
The Board felt that it could grant the variance requested without substantial
detriment to the surrounding neighborhood and without derogating from the intent of
" AUGUST 30, 1977
DECISION ON 'JI[E PETITION OF OMER & IDA TALBOT Page 2
FOR 1 & 3 I_1URENT ROAD -
of the Salem Zoning By-laws.
VARIANCE GRANTED
APPAL FROM THIS DECISON, IF ANY, SHALL BE ?MADE PURSUANT TO SECTION 17 OF THE
-ASS. GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE
OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSUANT TO MASS. GEN. LAWS, CHAPTER 808, SECTION 11, THE VARIANCE OR SPECIAL
PERMIT GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEARING
THE CERTIFICATION OF THE CITY CLERK, THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN
FILED O:RTHAT, IT SUCH AN APPEAL HAS BEEN FILED, IT HAS BEEN DISMISSED OR DENIED IS
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING DEPT. AND CITY CLERK.
BOARD OF APPEAL
Douglas Hopper
Acting Secretary
I�rc101tv of "ittlPm,
• '�� SEP c9 14 AN M pmb of Ettl ;i �Ni 'T�
CITim`°' UrfICE CITY -a`S u;BICE Cid'; , u-BICE
SALEM. MAS S. SALEM, MASS. SEPTEMBER 20, 1977 SALEM, MASS.
DECISION ON PETITION OF GRACE E. PRECZWESKI, 5 LOONEY AVENUE (R-1 DISTRICT)
A hearing on this petition was held on Sept. 20, 1977 with members Arthur
Labrecque, Jane T. Lundregan, James Boulger, and Associate Member Douglas Hopper
present. Notices were sent to abutters and others in accordance with Mass.
General Laws, Chapter 808. -
The Petitioner represented hereself before the Board. The Petitioner requested
that the Board grant a variance on the rear line setback requirement for property
located at 5 Looney Avenue so that she may have constructed an 8 foot by 20 foot sun
deck. The Petitioner stated that_ the structure of the sun deck was to provide venti-
lation for the family during the summer months.
A letter was addressed to Mr. John Powers, Salem Building Inspector, noting a
list of abutters signed a petition stating they have no objection to the construction
of the sun deck approximately 8 ft. x- 20 ft. at the rear of the property at 5 Looney
Avenue. - - -
• The Board voted unanimously to grant a variance requested, to wit, to vary the.
rear setback requirement of 30 feet to allow the construction of a sun deck at the
rear yard of 10 ft. and the sun deck to be approximately 8 ft. x 20 ft. The Board
found that .it could grant the petition requested without substantial detriment to the
surrounding neighborhood and without derogating from the intent of the Salem Zoning
By-law. It was found that the properties in the area which is an R-1 District is
generally undersized and to deny the petition requested would be a hardship to the
Petitioner. -
VARIANCE GRANTED
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHINTWENTYDAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSUANT TO MASS. GENERAL LAWS, CHAPTER 808, SECTION 11, THE VARIANCE, OR SPECIAL PERMIT,
GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A 'COPY OF THE DECISION, BEARING THE CERTI-
FICATION OF THE CITY CLERK, THAT TWENTY DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED,
OR THAT, IF SUCH AN APPEAL HAS BEEN FILED, THAT IT HAS BEEN DISMISSED OR DENIED, IS
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER OF
RECORD OR IS RECORDED AND NOTED IN THE OWNER'S CERTIFICATE OF TITLE.
A COPY OF THIS DECISION HAS BEEN'FILED WITH THE PLANNING BOARD AND THE 'CITY CLERK.
BOARD OF APPE -'
Jane T. Lundregan C
Secretary
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MY
SEPTEMBER 27, 1977
SALEH, MASS.
DECISION ON THE PETITION OF 560 LORING AVENUE, INC. CONCERNING PROPERTY AT
560 LORING AVENUE
A hearing on this petition was held Tuesday, September 27, 1977,with members
Jane T. Lundregan, Arthur Labrecque, William Abbott, James Boulger and Associate Member
Douglas Hopper present. Notices were sent to abutters and others in accordance with
Mass. General Laws, Chapter 808.
The Petitioner was represented before the Board by Atty. George P. Vallis. The
Petitioner wishes to construct an exterior stairway at the rear of the building to
provide two means of access and egress from the second floor. The first floor will be
used as a beauty parlor, which is an allowable use in a B-2 District. The second floor
is to be used as an apartment and therefore, a second means of access and egress is needed.
The building had been used as a two family unit for several years and the owner
purchased the building in order to relocate his beauty parlor business and wishes to rent
the second floor for residential purposes. While it has been used as a two family
dwelling there was no means of egress. The second means of egress would be a stairway
Wo
rear of the building which is not within the density requirements of the Salem
ning By-laws.
The Board voted unanimously to grant the Special Permit requested to allow the
consttuction of the stairway at the property located at 560 Loring Ave. ; Said stairway
to be non-conforming as to side and rear density requirements. The construction of the
stairway is to be done in a manner which is approved under the State and Local Building
Code. The Board found that it could grant the Special Permit requested without substantial
detriment to the surrounding neighborhood or without derogating from the intent of the Salem
Zoning By-laws.
- SPECIAL PERMIT GRANTED
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS. GEN.
LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING OF THIS
DECISION IN THE OFFICE OF THE CITY CLERK.
PURSUANT TO MASS. GENERAL LAWS, CHAPTER 808, SECTION 11, THE VARIANCE OR SPECIAL PERMIT
GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THIS DECISION, BEARING THE CERTIFICA-
TIONOF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED, OR THAT, IF
SUCH AN APPEAL HAS BEEN FILED THAT IT HAS BEEN DISMISSED OR DENIED IS RECORDED IN THE SOUTH
ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER OF RECORD OR IS RECORDED
AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
• B ARD OF APPEAL
dS:cretary
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Of
330=b of rral SEP 45 PE1 '11.
CITY CLEiih'S OFFICE
AUGUST 30, 1977 S�ALENrt 'ASS: _.
DECISION ON THE PETITION OF LORING HILLS DEVELOPERS TRUST FOR PROPERTY
- LOCATED ATLORING HILLS AVENUE-R-3 DISTRICT --
A hearing on the Petition of Loring Hills Developers Trust was held with
members Donald Eames, Arthur Labrecque, William Abbott, James Boulger and Douglas
Hopper present. Notices were sent to abutters and others in accordance with
Mass. Gen. Laws, Chapter 808, concerning property located at Loring Hills Avenue
located in a R-3 District.
The Petitioner requests a Special Permit for 160 Bed Nursing Home.
Atty. John R. Serafini, 65 Federal Street, represented the Petitioners requesting
a permit for the use of the land for that purpose in order to comply with the Certifi-
cateof Need and then plans will be drawn up in accordance with the State requirements.
Mr. Serafini noted that there is in excess of five acres of .land which is more
than enough to accommodate this use. Over the years there have been many meetings
with the City Boards and the Developer to see that an orderly development of the
land may evolve. An agreement was reached between the City and the Developer that a
portion of land will be acquired by the City as a conservationareaand development
will be in accordance with the Planning Board's controlled type development.
It is a privately financed project and will be privately run within the strict
rules of the Dept. of Health and will be a tax revenue project. Mr. Serafini noted
that it would be in the best interest of the citizens of Salem to have a facility of
this type available. It was also noted that there is more than ample space for parking.
Atty. David Moran, 23 Central Ave. , Lynn represented Peter and Barbara Maitland,
23 Cedarcrest Ave. noting their concern on any and all support systems such as water,
sewerage, drainage, etc. .They are also concerned about the placement of the facility
in order that it does not encroach onto the abutting properties as well as the height
limitation of the building and the future expansion of the facility.
Mr. Moran noted that he would like the Board to take these things into consid-
eration and that Mr. & Mrs. Maitland would like to go on record for support of the
project.
Mr. Frank Rubinstein, a condominium resident noted that he has no objection to
going ahead with the plans. -
Mr. Hyman London, Loring Hills Ave. , expressed his concern about the increased
traffic in the area and noted that this should be considered since there will be
visitors and delivery trucks that will be using the roads.
AUGUST 30, 1977
..�
DECISION ON PROPERTY LOCATED AT LORING HILLS. AVE. Page 2
• A letter from the Planning Board showed that there was anagreement with
the Planning Board and the developer for 150 bed nursing home. Mr. Serafini
noted that this was an error and the agreement was for 160 beds.
No one appeared in opposition.
The Board unanimously voted to grant a Special Permit for 150 bed Nursing Home
as noted in the Planning Board's statement subject to clarification of the number of
beds by letter from the Planning Board as to whether it should be 160 in total; the
number of parking spaces required will be made available; placement of the building
is approved .to assure the Board that the building will not encroach on the abutting
properties; adequate drainage system is approved.
Note: Letter from the Planning Board received and attached confirming the number
of beds approved (160 in total) .
The Board found that it could grant the Special Permit requested for 160 bed
Nursing Home without substantial detriment to the surrounding neighborhood and with-
out derogating from the intent of-the Salem Zoning By-laws.
SPECIAL PERMIT GRANTED ******************
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT.TO SECTION 17 OF THE
MASS. GEN. LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF
FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. -
PURSUANT TO MASS. GEN. LAWS, CHAPTER 808, SECTION 11, THE VARIANCE OR SPECIAL
PERMIT GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEARING
THE CERTIFICATION OF THE CITY CLERK, THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN
FILED OR THAT, IF SUCH AN APPEAL HAS BEEN FILED, IT HAS BEEN DISMISSED OR DENIED IS
RECORDED AT THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING DEPT. AND THE CITY
CLERK'S OFFICE.. - - -
BOARD OF APPEAL
Douglas Hopper
Acting Secretary
I
RECEIVED
1
SEP i y i 4E. PH 'T1
CITY ALEM, HASS-
CITY OF SALEM
MASSACHUSETTS
W. GREGORY SENKG --- -PLANNING DEPARTMENT
CITY PLANNER ONE SALEM GREEN
0-1970
September 12, 1977
Board of Appeals
City of Salem
One Salem Green
Salem, Massachusetts 01970
Dear Chairman Boulger
With reference to the Application of Loring Hills Developers Trust
for a Special Permit for a Nursing Home we submit the following infor-
mation:
The plans for the "Health Center" to be constructed on Parcel G,
which are referenced in the:
CERTIFICATE OF ACTION
PLANNING BOARD OF THE CITY OF SALEM
DATED JUNE 16, 1977
call for one hundred sixty (160) beds. The plans show sixty (60) on
the first floor and one hundred (100) on the second floor.
Sincerely,
� ) -
David Lash
Assistant for Community Development
DL/kms
cc John R. Serafini
•
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SEPTEMBER 27, 1977 AIA $
DECISION ON THE PETITION OF SANDRA AHMAN CONCERNING PROPERTY LOCATED AT
26 LYNDE STREET (R-3 DISTRICT)
A hearing on this petition was held Tuesday, September 27, 1977, with members
Jane T. Lundregan, Arthur Labrecque, William Abbott, James Boulger and Associate Member
Douglas Hopper present. Notices were sent to abutters and others in accordance with
Mass. General Laws, Chapter 808.
Atty. . Timothy. Davern represented the Petitioner requesting a variance on the
property located at 26 Lynde Street for the use of the premises as professional office
building. Atty. Timothy Davern advised the Board that the Petitioner has a sales and
purchase agreement contingent on the granting of the variance on the property for its use
as a professional office building. Mr. Davern noted that the location .is best suited to
their needs due to the fact that it is close to the Courts. There will be no change on
the exterior of the building and the persons using the professional office building have
parking arrangements in the parking garage which they will continue to do. Therefore,
Mr. Davern stated that he felt that there will be no parking problem and no traffic problem
caused by the change in use.
The Board voted unanimously to grant the petition requested,to wit, to allow the use'
•f the building at 26 Lynde Street in an R-3 District to be used as a professional office
building, namely for legal offices. The Board also granted the Petitioners request to
allow a variation from the parking requirements for said office building. The Board did
so on the assurance of the Attorneys who are going to be utilizing the office, they would
provide parking for themselves in another location_ The Board found that it could grant
the permit requested without derogating from the intent of the Salem Zoning By-law.
The Board found that the area in question is basically non-residential and that there
are many office buildings in the area and it is ,suitable for such use and to deny the request
would cause a hardship to the Petitioner.
VARIANCE GRANTED
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS. GENERAL
LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING OF THIS
DECISION IN THE OFFICE OF THE CITY CLERK.
PURSUANT TO MASS. GENERAL LAWS, CHAPTER 803, SECTION 11, THE VARIANCE OR SPECIAL PERMIT
GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEARING THE CERTIFICA-
TION OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED, OR THAT,
IF SUCH AN APPEAL HAS BEEN FILED THAT IT HAS BEEN DISMISSED OR DENIED IS RECORDED IN THE
SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER OF RECORD OR IS
CORDED AND NOTED ON .THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
�-
ane T. Lundregan
/)
Secretary
RECEIVED
�3a=b of Pzd SEP 1 4, rN 'l
AUGUST 30, 1977 CITY CL'c;�n'5
oYFICE
SALE;'.MASS.
DECISION ON THE. PETITION OF RALPH M. AND KIM M. ERPS FOR PROPERTY LOCATED AT
20 MANNING STREET --
A hearing on the Petition of Ralph and :Lim Erps was held with members Donald
Eames, Arthur Labrecque, William Abbott, James Boulger and Douglas Hopper present.
Notices were sent to abutters and others in accordance with Mass. Gen. Laws, Chapter
808, concerning property located at 20 Manning Street located in an R-2 District.
The Petitioners requested a variance on the side yard in order to remove part of
the existing structure and replace it with anew two story addition in accordance with
plans submitted.
The drawing, showing the location of addition, showed the house is too small for
the petitioners needs and require modernization.
r
A letter from Mr. & Mrs. Joseph Lubas was received stating they are not opposed
to the addition to the existing building.
David Crawford, 18 Manning St. , was not opposed to the granting of the variance.
No one appeared in opposition to the variance.
The Board voted 4-0 to grant the variance for the side yard requirement, as shown
on the drawing submitted.
James Boulger refrained from voting.
The Board found that it could grant the variance requested withoutsubstantial
detriment to the surrounding neighborhood and without derogating from the intent of the
Salem Zoning By-laws.
VARIANCE GRANTED
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE
MASS. GEN. LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. - -
PURSUANT TO MASS. GEN. LAWS, CHAPTER 808, SECTION 11, THE VARIANCE OR SPECIAL
PERMIT GRANTED HEREIN, SHALL NOT. TAKE EFFECT UNTIL A COPY OF THE DECISION, BEARING THE
CERTIFICATION OF THE CITY CLERK, THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED
OR THAT, IF SUCH AN APPEAL HAS BEEN FILED, IT PAS BEEN DISMISSED OR DENIED IS RECORDED
IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER OF RECORD
OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE_ -
• - A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING DEPT. AND CITY CLERK.
BOARD OF APPEAL ,
Douglas Hopper
Acting Secretary
'�- ( jtV of Salem, a9Sa y ¢ice°Pourb of LA"ZJAR iij 45 AH '77
CITY CL;. `5 UFFICE
DECISION SALEM, MASS. -
_MARCH 1, 1977
PETITIONER: Linda M. Gallagher PROPERTY LOCATED AT: 38 March St.
MAILING ADDRESS: 38 March St. ZONED: R-2 District
A hearing on the Petition of Linda M. Gallagher, 38 March Street was held for
a variance for relief from the minimum setback requirement and side line requirement
for property located at 38 March Street with members Donald Eames, Douglas Hopper,
James Boulger and Chairman John Gray present-on March 1, 1977.
Absent: Jane Lundregan, William Abbott and Arthur Labrecque.
Notices were sent to abuttors and others in compliance with Massachusetts -
General Laws, Chapter 808.
The Petitioner requested a variance for relief from the minimum setback require-
ment and side line requirement for an R-2 zone. The Petitioner stated that on Feb.
• 29, 1977 fire destroyed the interior of their house located at 38 March Street. They
would like to rebuild the burnt area and , in addition, build one extra room to serve
as another bedroom. There are five rooms in the existing house. The addition would
require relief from the side line and setback requirement of the zoning ordinance.'
It was noted that there are a number of homes in the area that did not have the
required minimum side line.
The Board voted unanimously to grant the variances requested, to wit, relief from
the minimum side line requirement and setback requirement in order to build one extra
room on the existing building and to replace the portion of the building that was
burnt by fire in 1977, in accordance with the plans presented with the Petition. The
Board found that several of the homes in the area did'not have the required side line and
setback requirement and that, therefore, it could grant the variance requested without
substantial detriment to the neighborhood. The Board found that the Petitioner would
suffer hardship if the variance was denied because of the destruction of part of their
home by fire and the necessity to rebuild.
GRANTED
Appeal from this decision, if any, shall be made pursuant to Section 17 of the Mass. Gen.
Laws, Chapter 808, and shall be filed within 20 days after the date of filing of the
decision in the office of the City Clerk. Copy of the decision herein has been filed with
the Planning Board and the City Clerk.
Pursuant to Mass. General Laws, Chapter 808, Section 11, the variance or special permit
. granted herein shall not take effect until a copy of the decision, bearing the certifica-
tion of the City Clerk, that 20 days have elapsed and no appeal has been filed or that,
if such an appeal has been filed, that it has been dismissed or denied, is recorded in
the South Essex Registry of Deeds and indexed under the name of the owner of record or is
recorded and noted in the owner's certificate of title.
SALEM BOARDJOF APPEAL
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OCTOBER 26, 1977 CITY ca .-6 .;rFICE
SALEM, MASS.
DECISION ON THE PETITION OF ZOEL LABRIE CONCERNING PROPERTY LOCATED AT
13 NICHOLS STREET (R-1 DISTRICT)
A hearing on this petition was held, Wednesday, October 26, 1977 at One Salem Green,
Salem, Klass. with the following members present: Jane Lundregan, William Abbott, Arthur
Labrecque, Donald Eames, James Boulger and Associate Member Douglas Hopper. Notices
were sent to abutters and others in accordance with Mass. General Laws, Chapter 808.
The Petitioner was represented by Atty. George P. Vallis, One Church St., Salem, Mass.
The Petitioner wishes to construct a two family dwelling house according to the plans
submitted with the petition. Said dwelling would be non-conforming as to the density
P g o
requirements of an R-1 District and would also be non-conforming in that it would be a two
family dwelling in an R-1 District. There is presently standing on the premises a single
family dwelling which is in serious disrepair. The Petitioner stated that it would be
economically unfeasible to repair the house and also to build a one family house in that
neighborhood. He argued that the surrounding neighborhood has several two family dwellings
and that due to the increasing costs of building material, it would be 'impractical for the
Petitioner to construct a new single family house.
loThe Board was presented with a petition that was signed by a number of abutters who
re in favor of the variance.
Atty. Walter Costello appeared in opposition on behalf of the abutters, Catherine "
and Owen Fallon.
The Board voted to grant the variance requested. The Board felt that a hardship
existed because the building presently located on the land is sub-standard and to repair
it would be economically unfeasible. The Board found that there were, a number of two
family dwellings in the district and that all the lots were about the same size as the lot
in. question. The Board further felt that it could grant the variance requested without
substantial detriment to the surrounding neighborhood and without derogating from the intent
of the Salem Zoning By-law.
VARIANCE GRANTED to allow a two family dwelling to be built at 13 Nichols St. in
accordance with the plans submitted by the Petitioner and that said building would also
be. allowed with a variance, as necessary, from the density requirements in an R-1 District.
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS. GEN. LAWS,
CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING OF THIS DECISION IN
THE OFFICE OF THE CITY CLERK.
PURSUANT TO MASS. GIN. LAWS, CHAPTER 808, SECTION 11, THE VARI.ANCE OR SPECI.AL PERMIT GRAN'T'ED
HEREIN, SHALL NOT TATO; EFFECT UNTIL A COPY OF THE DECISION, BEARING THE CERTIFICATION OF THE
CITY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED, OR THAT, IF SUCH AN APPEAL
#:S BEEN FILED THAT IT HAS BEEN DISMISSED OR DENIED IS RECORDED IN THE SOUTH ESSEX REGISTRY
DEEDS AND INDEXED UNDER THE NAME OF THE OWNER OR RECORD OR IS RECORDED AND NOTED ON THE
NER'S CERTIFICATE OF TITLE.
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
Board o£ Appeal . y
ane T. Lundregan, Secretary �`-
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SEPTEMBER 27, 1977 CITY L__�;f '}, cMCE
SALEM—
MASS-DECISION ON THE PETITION OF ZOEL LABRIE CONCERNING PROPERTY LOCATED AT
13 NICHOLS STREET - -
A hearing on this petition was held Tuesday, September 27, 1977, with members
Jane T. Lundregan, Arthur Labrecque, William Abbott, James Boulger and Associate Member
Douglas Hopper present. Notices were sent to abutters and others in accordance with
Mass. General Laws, Chapter 808.
Atty. George P. Vallis, One Church Street, represented the Petitioner before the
Board. The Petitioner is requesting a variance which would allow him to demolish the
existing structure at 13 Nichols St. and construct a new three family dwelling on
a non-conforming lot. The lot is question contains 5,025 sq. ft. and the plans show
that a variation will be needed from the density requirements as far as front and side
and rear yard setbacks.
Atty. Vallis argued that most of the lots in the area are under 4,000 sq. ft. and
that it would be economically unfeasible to construct a single family home in the area.
He also stated that there would be sufficient parking available on the site.
The Board. voted to deny the variance requested. The Board found that there was
nothing unique about the property that would substantiate an argument of hardship. The
oard also found they could not grant the variance requested without substantial detri-
ment to the surrounding neighborhood and without derogating from the intent of the Salem
Zoning By-law. -- -
VARIANCE DENIED
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS. GENERAL
LAWS, CHAPTER 808, MID SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING OF THIS
DECISION IN THE. OFFICE OF THE CITY CLERK. -
PURSUANT TO MASS. GENERAL LAWS, CHAPTER 808, SECTION 11, THE VARIANCE OR SPECIAL PERMIT
GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEARING THE CERTIFICA-
TION OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED OR THAT
. IF SUCH AN APPEAL HAS BEEN FILED THAT IT HAS BEEN DISMISSED OR DENIED IS RECORDED IN THE
SOUTH 'ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER OF RECORD OR IS
RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL -
/ Sane T. Lundregan
/Secretary
' 2ECE!VED Ctu ofd '
�ils7tb of �ppPzii
OFFICE
5AIL E14, M3.SS- JUNE 21, 1977
DECISION ON THE PETITION OF ROBERT E. GAUTHIER, 40 NICHOLS STREET, CONCERNING
PROPERTY LOCATED AT 22 NICHOLS STREET, R-1 DISTRICT
A hearing on this petition was held on June 21, 1977 with Board members Jane T.
Lundregan, Donald .Eames and Associate Members Douglas Hopper and James Boulger present.
Notices were sent to abutters and others in accordance with General Laws, Chapter 808.
Mr. Gauthier represented himself before the Board. Mr. Gauthier is requesting a
variance for non-conforming lot lines to enable him to erect an extension to the
existing two family house. The addition is necessary to install modern sanitary con-
veniences and to up date the older 1890 house to reasonable living and safety standards.
The side line will not encroach further but the rear lot line will be reduced. Parking
will he provided within the property lines.
The Board voted unanimously to grant the variance requested to wit, to allow the
extension of a non-conforming side line of 5 feet and rear lot line of 23 feet, therefore,
allowing for the construction of an addition to the rear of the existing building at
22 Nichols St.
PETITION GRANTEDttt***kx*t*x>xxks;x*
Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts
General Laws, Chapter 808, and shall be filed within twenty days after the date of filing
of this decision in the office of the City Clerk.
Pursuant to Mass. General Laws, Chapter 808, Section 11, the variance or special permit
granted herein shall not take effect until a copy of the decision, bearing the certification
of the City Clerk, that twenty days have elapsed and no appeal has been filed, or that, if
such an appeal has been filed, that it has been dismissedordenied, is recorded in the
South Esser. Registry of Deeds and indexed under the name of the owner of record or is
recorded and noted in the owner's Certificate of Title.
Copies of the Decision herein have been filed with the Planning Board and the City Clerk_
BOARD OF APPEAL
ke
e T. Lundreganretary
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NOVEMBER 29, 1977 C17� i•.I,' ,ifi%E
SALEM, HASS.
DECISION ON THE PETITION OF ELIZABETH J. CSOGI CONCERNING PROPERTY
LOCATED AT 203 NORTH STREET (R-2 DISTRICT)
A hearing on this petition was held November 29, 1977 with Board members
Donald Eames , Jane Lundregan, Arthur Labrecque, William Abbott and Douglas
Hopper present. Notices were sent to abutters and others in accordance with
Mass. Gen. Laws, Chaoter 808.. -
The Petitioner wishes to build a room at the rear of the existing house.
Said room would measure lb ft. x 15 ft. out, with a shed roof. The side
line of this addition would be non-conforming as it will follow the side
line of the house as it is now constructed. The structures on the adjoining
properties would not be close to the new addition.
The Board granted the Petition as requested to allow the building of
an addition at the rear of the property including a dormer with three windows
and shed. The Board voted that said dormer could be built as shown on the
Dian submitted with the necessary variations from the requirements of the
building code concerning windows.
• The Board felt that it could grant said variances without substantial
detriment to the surrounding neighborhood and without derogating from the
intent of the Salem Zoning By-law.
VARIANCE GRANTED
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF
THE MASS. GEN. LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY DAYS AFTER
THE DATE OF FILING OF THIS -DECISION IN THE OFFICE OF THE CITY CLERK.
PURSUANT TO MASS. GEN. LAWS, CHAPTER 808, SECTION 11, .THE VARIANCE, OR SPECIAL
PERMIT GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION,
BEARING THE CERTIFICATION OF THE CITY CLERK, THAT TWENTY DAYS HAVE ELAPSED AND
NO APPEAL HAS BEEN FILED, OR THAT, IF SUCH AN APPEAL HAS BEEN FILED, THAT IT
HAS BEEN DISMISSED OR DENIED, IS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS
AND INDEXED UNDER THE NAME OF THE OWNER OF RECORD OR IS RECORDED AND NOTED
IN THE OWNERS CERTIFICATE OF TITLE.
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERK.
'ane T. Lund egan �y
Secretary /
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�•� � �` p arb ,,f Meal MAR L;� AM '77
-
CITY CLcr:n'S OFFICE
a gg__ R b MARCH 1, 1977:= .DECISION SALEM. MASS,
PETITIONER: Kenneth Robinson and PROPERTY LOCATED AT: 203112 North Street
MAILING ADDRESS: 46 Glendale Ave. Peabody ZONED: R-2 District - -
A hearing on the Petition of Jane and Kenneth Robinson of 46 Glendale Ave. ,
Peabody was held for a Special Permit to convert the existing third floor at :
203112 North Street into an apartment with members Donald Eames, Douglas Hopper,
James Boulger and Chairman John Gray present.on March 1, 1977.-
Absent: Jane Lundregan, William Abbott and Arthur Labrecque.
Notices were sent to abuttors and others in compliance with Massachusetts General
Laws, Chapter 808.
The Petitioner requested a Special Permit to convert the existing third floor
area into an apartment. Atty. Walter Costello represented the Petitioner before the
Board. The house is.located in a two family zone. The present lot lacks minimum lot
area, lot width, lot sidelines, and exceeds the allowable percentage of lot coverage
by buildings.
The Petitioner states that the present two family house is being operated at a
loss and that there were many other three family houses in the area. They stated that
the third floor could easily be converted in conformity with plans submitted and that
the rear yard would allow adequate parking area for the additional apartment. The owner
stated that they would pave additional side area to make parking available for the
tenant, ' if the Board granted the Permit.
The Board voted to deny the Special Permit requested. The Board felt it could not
grant the Special Permit requested because it would increase density unreasonably in the
area and congestion in the area and the Board voted that the Petitioner had not presented
evidence to sustain the finding of hardship.
DENIED
Appeal from this decision, if any, shall be made pursuant to Section 17 of the Mass. Gen.
Laws, Chapter 808, and shall be filed within 20 days after the date of filing of this
decision in the office of the City Clerk. Copy of the decision herein has been filed with
the Planning Board and the City Clerk.
Pursuant to Mass. Gen. Law, Chapter 808, Section 11, the variance or special permit, granted
herein, shall not take effect until a copy of the decision, bearing the certification of
the City Clerk, that 20 days have elapsed and no appeal has been filed, or that if such an
appeal has been filed, that it has been dismissed or denied, is recorded in the South
Essex Registry of Deeds and indexed under the name of the owner of record or is redorded
and noted in the owner's certificate of title.
SALEM BOA OF_APPEAL
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MAY 17, 1977 `l
DECISION ON THE PETITION OF ARTHUR COKER, 6 OAK VIEW AVENUE (R-1 DISTRICT) TO
CONSTRUCT AN ADDITION TO THE EXISTING DWELLING AT 6 OAK VIEW AVENUE.
A hearing on this Petition was held Tuesday, May 17, 1977, with members Jane
Lundregan, Arthur Labrecque, William Abbott and Associate Members James Boulger and
Douglas Hopper as voting members present. Notices were sent to abutters and others
in accordance with Mass. General Laws, Chapter 808.
The Petitioner represented himself before the Board. . The Petitioner wishes
to erect a 14 foot x 22 foot family room in order to expand the living space in
his home. Said addition would run along the same side line as. the present structure
which does not meet the required 10 foot sideline.
The Board voted unanimously to grant the Petition requested for a variance to
allow the addition of the additional room with insufficient side line of 7 feet.
The Board found that to deny said Petition would cause hardship to the Petitioner
• and found that it could grant the variance requested without derogating from the
intent of the Salem Zoning by-laws, or without substantial. detriment to the surrounding
neighborhood.
GRANTED
Appeal from this Decision, if any, shall be made pursuant to Section 17 of the Mass.
General Laws, Chapter 808, and shall be filed within 20 days after the date of filing
of this Decision in the office of the City Clerk.
Pursuant to Mass. General Laws, Chapter 808, Section 11, the varianceorSpecial Permit
granted herein, shall not take effect until a copy of the Decision, bearing the
certification of the City Clerk that 20 days have elapsed and no appeal has been filed
or that, if such an appeal has been filed, that it has been dismissed or denied, is
recorded in the South Essex Registry of Deeds and indexed under the name of the owner
of record or is recorded and noted on the owner's Certificate of Title. Copies of
this Decision have been filed with the Planning Board and the City Clerk.
BOARD OF APPEALI
1
- '�',-• ,,..; �-:�J/ .��=moi, �.�
By:/Jane T. Lundregan
�ecretary�
of 63a
mmb of ( }"Ini �ioa o 6 14 M97
CITYj;:FICE
AL
OCTOBER 26, 1977 SEM,MASS.
DECISION ON THE PETITION OF WILLIAM J. BURSAW, JR_ CONCERNING PROPERTY
LOCATED AT 10 PARADISE ROAD
A hearing on this petition was held, Wednesday, October 26, 1977 at One Salem
Green, Salem, Blass. with the following members present: Jane Lundregan, William Abbott,
Arthur Labrecque, Donald Eames, James Boulger and Associate Member Douglas Hopper.
Notices were sent to abutters and others in accordance with Mass. Gen. Laws, Chapter 808.
The Petitioner represented himself before the Board. He stated that the addition
to the structure at the above premises, namely, 10 Paradise Rd., was constructed by a
prior owner in 1968 pursuant to a variance and the rear yard setback of the building is
1.8 feet at present, rather than the ten feet or 17 feet, as indicated on the 1963 plans
and on the variance granted at that time.
The Petitioner wishes the Board to grant a variance approving the 1.8 foot setback
which has been in existence since 1968 and wishes the Board to do this in order to bring
e structure into compliance with the zoning ordinance. The Petitioner stated that it
uld be a hardship to deny the variance requested because it would be economical ly_un-
easible to bring the building into compliance. The building has existed for nine years
with the present non-conforming densities and has been utilized without adverse affect to
the health, safety, convenience and welfare of the surrounding neighborhood.
The Board unanimously voted to grant the variance requested to allow the building to
exist according to the attached plans, with variations allowed from the rear and sideyard
density, as needed, the least density being 1.8 feet at one corner of the building. The
Board found that to deny the variance requested would cause a hardship to the Petitioner
and that the Board could grant the variance requested without substantial detriment to
the surrounding neighborhood or without derogating from the intent of the Salem Zoning By-law.
VARIANCE GRAN'T'ED
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS. GEN.
LAWS, CH]V_MR 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING OF THIS
DECISION IN THE OFFICE OF THE CITY CLERK.
PURSUANT TO MASS. GEN. LAWS, CHAPTER 808, SECTION 11, THE VARIANCE OR SPECIAL PERMIT
GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEARING THE CERTIFI-
CATION OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL H_AS BEEN FILED, OR THAT,
IF SUCH AN APPEAL HAS BEEN FILED THAT IT HAS BEEN DISMISSED OR DENIED IS RECORDED IN THE
SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OtvNTER OF RECORD OR IS
RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
BOARD OF APPEAL
Jane T. Lamdregan
Secretary
------------
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APRIL 53, 1977 yy pp 1]STp ��{
DECISION ON PETITION OF NICHOLAS S R4Dn�n FO P' � �TE' 977
_ OF ROSE S . HADDAD. CONCEERNING PROPERTY LQCATEDFI 14 PLEAS4�JT
STnEET. R-2 DISTRICT
CITY CLERX.SALEM.MASS.
A hearing on this petition was held on April 5, 1977 with members John
Gray, Jane Lundregan Donald Eames and Associate Members, Douglas
Hopper and James Bouiger present. Notices were sent to abutters and
others in accordance with Mass. General Laws, Chapter 808.
Nichols Haddad represented himself before the Board. The present
structure at 14 Pleasant Street is presently non-conforming as to the
side line requirement of ten feet. The structure has a side line
density of approximately fotur feet. The Petitioner wishes to add an
addition to his house which would extend to the rear of his house and
would also decrease his present side line by approximately four inches.
He wishes to add an addition approximately five feet by five feet in
oder to up-date his bathroom facilities which, at present, are
antiquated.
•
The Board voted unanimously to grant the petition requested, to wit :
allow the Petitioner to add an addition to his house. Such addition
wbuld ..not;have the required ten foot side line but is to have at least a
dour foot side line.
Tb:e Board found that it could grant said petition without derogating
from the intent of the Sa lle m Zoning By-laws or without detriment to
n4
the surraaing neighborhood. The' Board felt that it would be a hardship
to the Petitioner to deny the variance. Modernization of the present
bathroom is necessary in order to preserve the value of the house.
G8 A.NT^D irk�i-:e�tic�r�rk:Y�e-k:rk�k� .
Appeal from this decision, if any, shall be made pursuant to Section
1%`0_ the Mass. Cen. Laws, Chapter 808, and shall be filed within 20
days after the date of filing of this decision in the office of the City
Cler .1r.
Pursuant to Mass . General Laws, Chapter 808, Section 11, the variance
0: special permit, granted herein, shall not take effect until a copy
t1he decision, bearing th-a certification of the City Clerk, that
20 da, s have elapsed and no appeal has been filed, or that, if such an
appeal has been filed, that it has been dismissed or denied is recorded
• in the South Essex Registry of Deeds and indexed under the name of the
owne-'r of record or is recorded and noted on the owner's certificate of
• titles. Copies of this decision have been filed with the Planning Board
and the City Clerk
SALEM BOAR QF�APPEAL
By: �a:ie T. Lundregan
Secretary
6
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JANUARY 3, 1978
Jw 5 II 57 aH '78
AlvENDMENT TO THE DECISION ON PROPERTY LOCATED AT 17 RAYMOND AVENUE UNPfLI_Til E
OWNERSHIP OF ARNOLD S. AND OLGA C. GROT
CITY CLcAK, S�LE:M.MASS.
This amendment is to correct the square footage noted in the decision
placed on file at the City Clerk's office on December 6, 1977.
The plan submitted with the original petition called for a lot containing
6,621 sq. ft. of land. On the date of the hearing, November 29, 1977, the
Attorney for the Petitioners submitted a revised plot plan calling for 6,221
sq. ft. of land.
• The Board of Appeal voted to grant the Special Permit requested based on
the revised plan submitted on November 29, 1977 (6,221 sq. ft.) .
5 �
Jane T. Lundregan
Secretary
•
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CHU of AIM, '01 RE-CEIVED
a � ar� rr� pttl DEC b :i 09 k11 'T�
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CITY CL_! :.'D JFFICE
NOVEMBER 29, 1977 - SALEM, MASS.
DECISION ON PETITION OF ARNOLD S. AND OLGA C. GROT CONCERNING PROPERTY
LOCATED AT 17 RAYMOND AVENUE (R-1. DISTRICT)
A hearing on this petition was held November 29,1977 with Board members
Donald Eames, .Jane Lundregan, Arthur Labrecque, William Abbott and Douglas Hopper
present. Notices were sent to abutters and others in accordance with `Mass. Gen.
Laws, Chapter 808.
Atty. William Mahoney, Jr. represented the Petitioners before the Board. The
Petitioners stated ,that in 1975 a forty-five square foot parcel of the lot at 17
Raymond Avenue was conveyed to an abutter without obtaining a Special Permit.
The conveyance created change in a non-conforming use in that it made the lot less
non-conforming to the number of square feet.
The remaining parcel is being sold and a Special Permit is required to clear
the title. The lot now contains 6,621 sq. ft. of land.
• The Board voted to grant the Special Permit requested. The Board found that
it could grant the permit without derogating from the intent of the zoning by-law
without creating any detriment to the surrounding neighborhood.
SPECIAL PERMIT GRANTED ************}*
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY DAYS AFTER THE DATE OF
FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSUANT TO MASS. GENERAL LAWS, CHAPTER 808, SECTION 11, THE VARIANCE, OR SPECIAL PERPRT
GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEARING THE CERTI-
FICATION OF THE CITY CLERK, THAT TWENTY DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED,
OR THAT, IF SUCH AN APPEAL HAS BEEN FILED, THAT IT HAS BEEN DISMISSED OR DENIED, IS
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER OF
RECORD OR IS RECORDED AND NOTED IN THE OWNERS CERTIFICATE OF TITLE.
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
BOARD OF APPEAL
1,177
e T. Lundreg
aaa
:Secretaryy
Ts_ varb vf �A==A Jai r ; Ji '77
MAY. 17, 1977 .�a1 }),ila$5.
PETITIONER: Carol & Janet Ganey - PROPERTY LOCATED AT: 16 Scenic -Ave.-
MAILING
cenic Ave.MAILING ADDRESS: 1 Vista Ave. ,Salem - _
A hearing on the petition for a variance for the construction of a single
family dwelling on an undersized lot at 16 Scenic Ave. (R-1 District) was held
Tuesday May 17, 1977 with members Jane Lundregan, Arthur Labrecque, William Abbott
and Associate Members James Boulger and Douglas Hooper as voting members present.
David Jaquith appeared before the Board on behalf of the Petitioner to explain
the construction and how it relates to the undersized lot. The Petitioners wish to
construct a 30 ft x 20 ft Garrison type single family dwelling on a lot that is
undersized. The lot was purchased over 11 years ago by Mr. & Mrs. Ganey to be used
by their children so that they could build their own homes.
The lots in the surrounding neighborhood are approximately the same size.
• The Board voted to grant the variance requested with the condition that the
property at the rear is not to be elevated above the adjacent .property and secondly,
if blasting is to be done, a bond will be posted to protect the abutters from any
damage to their properties. The Board found that to deny the petition requested would
cause financial harship to the Petitioner. The Board found that, since the lot was
approximately the same size as the other lots in the neighborhood, it could grant the
variance requested without substantial detriment to the surrounding neighborhood.
VARIANCEGRANTED ***********************
Appeal from this Decision, if any, shall be made pursuant to Section 17 of the Mass.
Gen. Laws, Chapter 808, and shall be filed within 20 days after the date of filing of
this Decision in the office of the city Clerk.
Pursuant to Mass. General Laws, Chapter 808, Section 11, the Variance or Special Permit
granted herein, shall not take effect until a copy of the Decision, bearing the certifi-
cation of the City Clerk that 20 days have elapsed and no appeal has been filed or that,
if such an appeal has been filed, that it has been dismissed or denied, is recorded
in the South Essex Registry of Deeds and indexed under the name of the owner of record
or is recorded and noted on the owner's Certificate of Title. Copies of this Decision
have been filed with the Planning Board and the City Clerk. _
BOARD OF APPEAL
i
By:/yancs'T'. Lund 1
p�ecretary
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CITY CLLi,ri'S OFFICEI
APRIL 5, 1977 SALEM. MASS.
DECISION ON THE PETITION OF J. W. GETCHELL BY RICHARD SAVICKEY OF 78 DERBY STREET
CONCEr4TNG PROPERTY LOCATED XTT-3"SPRING—STREET—Ma-F D RICT
A hearing on this petition was held April 5, 1977 with menbers John Gray, Jane
Lundregan, Donald Eames and Associate Members Douglas Hopper and James Boulger present. i
Notices were sent to abutters and others in accordance with Mass. General Laws, Chapter l
808.
t
It was Mr. Savickey's intent to perform extensive restoration work on the building at
3 Spring Street in an R-2 District.
Mr. Savickey represented himself before the Board. The structure in question has been
extensively damaged by fire and must be either torn down or restored. The Petitioner
wishes to restore the building and to keep the non-conforming use of the building as
a three family structure. The estimate of the damage done to the building was not exact.
It was not clear whether or not more than 50% of the building had been destroyed.
0ne abutter appeared and questioned whether or not said building was, in fact, a non-
onforming three family structure. Said abutter felt that it had been a two family I
-structure. `t
I
The Board voted unanimously to grant the Petitioner premission to reconstruct said building
on the condition that the Petitioner present evidence to the Board that the building in
question was a non-conforming structure, to wit, a three family dwelling.
The Board found that it would be best to restore the building rather than to tear the
building down and leave an empty lot. The Board felt that the decision was in the best
interest of the surrounding neighborhood and was in conformance with the intent of the
Salem Zoning by-law.
GRANTED xxxxxxxxxxxxxxxxxxxx
Appeal from this decision, if any, shall be made pursuant to Section 17 of the Mass. Gen.
Laws, Chapter 808, and shall be filed within 20 days after the date of filing of this
decision in the office of the City Clerk.
I'urituant to Maws. Gen. Law:,*, Chapter HON, Section ll., the variance or special permit granted
herein shall not take effect wail a copy of the decision, bearing the certification of the
City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such an
appeal has been filed, that it has been dismissed or denied, is recorded in the South Essex
Registry of Deeds and indexed under the name of the owner of record or is recorded and
noted in the owner's certificate of title.
Copies of the decision herein have been filed with the Planning Board and the City Clerk.
SALEM BOARD OF APPEAL
By: Jane T. Lundregan
, .Secretary
q 1
of gc i3?� C Sit is 2 RECEIVED
li FH 777
Plaarb APR Zu i f k6 H
CITY C_E6:; S OFFICE
SALEMMASS.
DECISION ON PETITION OF ALFRED D. BOZZI, 14 SHILT_BER STREET CONCERNING .
PROPERTY LOCATED AT 14 SHILLABER STREET(R-1 DISTP,ICT) -
A hearing on this petition was held April 5, 1977 with ilemners John Gray, Jane Lundregan,
Donald Eames and Associate Members Douglas Hopper and James Boulger present. Notices were
sent to abutters and others in accordance with Mass. General Laws,Chapter 808, for a
variance to add a bedroom to the existing structure at 14 Shillaber St. in an R-1 District,
which would leave a six foot front yard setback which is less than the minimum required_
Mr. Bozzi represented himself before the Board. His home, located at 14 Shillaber St.
is presently non-conforming as to density requirements in that it does not have the
required front yard setback. Mr. Bozzi wishes to add an addition to said dwelling. Said-
addition would not have the required front yard setback but would have a six foot set-
back. Mr. Bozzi stated that he needed the additional room to accommodate the needs of
his growing family.
The Board voted unanimously to grant the Petition required. The Board found that most of
the structures in the neighborhood do not meet the required density requirements and to deny
the petition to Mr. Bozzi would cause hardship on his property.
The Board found that it could decide in favor of the Petitioner without derogating from
the intent of the zoning by-laws or without substantial detriment to the surrounding
neighborhood:
GRANTED
Appeal from this decision, if any, shall be made pursuant to Section 17 of the Mass. Gen.
Laws, Chapter 808, and shall be filed within 20 days after the date of filing of this .
decision in the office of. the City Clerk.
Pursuant to Massa General Laws, Chapter 808, Section 11, the variance or special permit,
granted herein, shall not take effect until a copy of the decision, bearing the certifi-
cation of the City Clerk, that 20 days have elapsed and no appeal has been filed, or that,
if such an appeal has been filed, that it has been dismissed or denied, is recorded in
the South Essex Registry of Deeds and indexed under the name of the owner of record or
recorded aid noted on the owner's certificate of title. Copies of this decision have been
filed with the Planning Board and the City Clerk.
SALEM BOARD. OF APPEAL -
By: Jane T. Lundregan -
Secretary
b /
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a �. y, n :ii i1IAlYSTIy ;t;Fi5cTL R E C E I V E D
20a=b rf '4F=1 1 1 45 PH '17
CITY CLER0%'S OFFICE
AUGUST 30, 1977 SALM MASS.
DECISION ON THE PETITION OF JOHN J. AND IRENE B. BOCHYNSKI FOR PROPERTY
LOCATED,AT 51 SUMMIT AVENUE - R-1 DISTRICT
A hearing on the Petition of John J. and Irene B. Bochvnski was held with -
members Donald Eames, Arthur Labrecque, William Abbott, James Boulger, and Douglas
Hopper present. Notices were sent to abutters and others in accordance with Mass.
Gen. Laws, Chapter 808, concerning property located at 51 Summit Avenue in an
R-1 District.
The Petitioner requests a Special Permit to convert the existing ten room
single family dwelling into a three family unit.
Attornev Alfred Dobbs, 70 Washington St. , represented the Petitioner noting
that the building was purchased six years ago and the family has decreased in size
and for eco''nomic reasons the petitioners wish to convert the building into a three
family unit.
Mr. Dobbs submitted a petition signed by 19 individuals in the neighborhood
stating they are in favor of the Special Permit being granted. It was noted that
there are ample parking spaces available if the grassed area in the front yard
is made into a parking area.
Mr. O'Connor of Ocean Ave. appeared in favor of granting the permit.
S4r. Leo Hurley, 47 Summit Ave. had no objection.
The Planning Board opposed the granting of the Permit (letter on file) .
Mr. Hopper noted the Planning Board's opposition and that the stated hardship
was not unique to the property.
The Board voted 4-1 to grant the Special Permit for the conversion of existing
single family house to a three family dwelling unit with a condition that the required
parking spaces are provided and approved by the Building Inspector. Mr, Hopper "
voted not to grant the Special Permit.
T'ne Board found that it could grant the Special Permit without substantial
detriment to the surrounding neighborhood and without derogating from the intent of
the Salem Zoning By-laws.
SPECIAL PERMIT GRANTED
.� - APPEAL FROM THIS DECISION, IF A-W, SHALL BE MADE PURSUANT TO SECTION 17 OF THE
AUGUST 30, 1977
DECISION ON THE PETITION OF JOHN J. & IRENE B. BOC.YYNSKI Page 2
•
PUSS.. GEN. LAWS, CHAPTER 808, A"ID SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF ---
FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSUANT TO MASS. .GEN. LAWS, CHAPTER 808, SECTION 11, THE VARIANCE OR SPECIAL,
.PERMIT GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEARING
THE CERTIFICATION OF THE CITY CLERK, THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS
BEEN FILED, OR THAT, IF SUCH AM APPEAL HAS BEEN FILED, IT HAS BEEN DISMISSED IS
RECORDED AT THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. - -
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING DEPT.. ANID CITY CLERK.
BOARD OF APPEAL
Douglas pper
Acting Secretary
i
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9� '77 P5 varb of _a1
CITY CLe:;r;` UrF,6E L
SdLEH MASS.) Ur +^ JUNE 21, 1977
DECISION ON PETITION OF BRONISLA_W KROL OF 11 SUINNEP. ROAD FOR
PROPERTY LOCATED AT 11 SU.NER ROAD
R-1 DISTRICT
A hearing on this Petition was held on June 21, 1977 with Board members Jane
T. Lundregan, Donald Eames and Associate Members Douglas Hopper and James Boulger
present. Notices were sent to abutters and others in accordance with Mass. Gena
Laws, Chapter 808.
Mr. Krol represented himself before the Board. The Petitioner wishes to
erect a twelve foot shed type dormer with access stairway on third floor attic,
south side,of existing two family dwelling to provide for light and ventilation
and to provide for needed additional storage space.
The .lot is presently non-conforming. The Petitioner noted that there would
be no encroachment on the lot line.
The Board voted unanimously to grant the Petition -requested, to wit, to allow
the Petitioner to erect a twelve foot shed type dormer with access stairway on the
• third floor attic south side of existing two family dwelling at 11 Sumner Road
on a non-conforming lot .
PETITION GRANTED ****************
Appeal from this decision, if any, shall be made pursuant to Section 17 of the Mass.
Gen. Laws, Chapter 808, and shall be filed within twenty days after the date of filing
of this decision in the office of the City Clerk.
Pursuant to Mass. General Laws, Chapter 808, Section 11, the variance or special permit
granted herein shall not take effect until a copy of the decision, bearing the certi-
fication of the City Clerk, that twenty days have elapsed and no appeal has been filed,
or that, if such an appeal has been filed, that it has been dismissed or denied, is
recorded in the South Essex Registry of Deeds and indexed under the name of the owner
of record or is recorded and noted in the owner's Certificate of Title.
Copies of the Decision herein have been filed with the Planning Board and the City
Clerk.
BOARD OF APPEAL
•' r.e T. Lundregan
ecretary
vf
1Q
• ��`p CI7t � . ;�� irr"ICE
�IIs7ri� D{ ��_c7i
SAIE,y, HASS. JUNE 21, 1977
DECISION ON PETITION OF_F 2➢NCI$ RR,_JO. A*.3 NSESI,, 6 SYLVAN STREET, FOR PROPERTY -
LOCATED AT 6 SYLVAN STP.E,ET_ - R-2 DISTRICT - -
A hearing on this Petition was held on June 21, 1977 with Board Members Jane
T. Lundregan, Donald Eames and Associate Members Douglas Hopper and James Boulger
present. Notices were sent to abutters and others in accordance with Mass. Gen.
Laws, Chapter 808.
Mr. Johansen represented himself before the Board. The Petitioner wishes to
erect an addition at the back of the house on the building located at 6 Sylvan
Street. Said addition would extend back from the e::isting structure 16 feet and
across the back by 20 feet. Thevarianceis needed for non-conforming side lot
line. The Petitioner stated that he needed additional room in his house for
family purposes to improve his living conditions. Nr. Johansen advised the Board
that he has spoken to his neighbors prior to the meeting and has gathered some
signatures showing that they have no objection to the addition.
The Board voted to grant the Petition requested with the following conditions:
1. No overhang on the roof on the west side
2. No water discharge, if possible, on the west side
3. No window on the west side
PETITION GRANTED
Appeal from this decision, if any,shall be made pursuant to Section 17 of the Mass.
Gen. Laws, Chapter 808, and shall be filed within tv-enty days after the date of filing
of this decision in the office of the City Clerk.
Pursuant to Mass. General Laws, Chapter 808, Section 11, the variance or special pe rmit
granted herein shall not take effect until a copy of the decision, bearing the certifi-
cation of the City Clerk, that twenty days have elapsed and no appeal has been filed,
or that, if such an appeal has been filed, that it has been dismissed or denied, is
recorded in the South Essex Registry of Deeds and indexed under the name. of the owner
of record or is recorded and noted in the owner's Certificate of Title.
Copies of the Decision herein have been filed with the Planning Board and the City Clerk's
office.
BOARD OF APPEAL
• ane T. Lundregan.
/Secretary
• Y'r =r Poarb o zzl ! 48 PH 177
LHrrt. i
CITY G�FF"��nSy'i�������c�ufflCE
DECISION ON THE PETITION OF ARTHUR AND ROSELLA STATEZNI, 16 TREJNAN STRL4'PS-
R-1 DISTRICT -
A hearing on this petition was held Tuesday, .September 27, 1977, with members
Jane T. Lundregan, Arthur Labrecque, William Abbott, James Boulger and Associate
Member Douglas Hopper present. Notices were sent to abutters and others in accordance
with Mass. General Laws, Chapter 808.
The Petitioner requested a variance on the side line requirement at 16 Tremont
Street (R-1 District) and represented himself before the Board stating that he wishes
to add a back porch. The side line of the porch would follow the existing side line of
the house which is presently non-conforming. The house is a single family home. It has
a large back yard. The Petitioner. also needs a variation from the 30 feet setback for
or portion of the rear yard.
The Board unanimously voted to grant the Special Permit requested to allow the
Petitioner to construct a porch at the rear of their home, 16 Tremont St.
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS. GEN.
LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING OF THIS
DECISION IN THE OFFICE OF THE CITY CLERK.
! PURSUANT. TO MASS. GENERAL LAWS, CHAPTER 808, SECTION 11, THE VARIANCE OR SPECIAL PERMIT
GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEARING THE CERTIFI-
CATION OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED, OR THAT,
.IF SUCH AN APPEAL HAS BEEN FILED .THAT IT HAS BEEN DISMISSED OR DENIED IS RECORDED IN
THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER OF RECORD OR IS
RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. -
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK_
BOARD OF APPEAL,
ane T. Lundregan
Y�
d✓Secretary
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NOVEMBER 29, 1977 GIT I
DECISION ON PETITION OF PETRO A. & ANASTASIA THEOPHILOPOULOS CONCERNING
PROPERTY LOCATED AT 24 VALLEY STREET (R-1 DISTRICT)
A hearing on this petition was held November 29, 1977 with Board members Donald
Eames, Jane Lundregan, Arthur Labrecque, William Abbott and Douglas Hopper present.
Notices were sent to abutters and others in accordance with Mass. Gen. Laws Chapter
808.
Atty. George P. Vallis, One Church St., Salem, represented the Petitioner before
the Board.
The Petitioners constructed a house at 24 Valley St. At the commencement of con-
struction the Petitioners were careful to locate the foundation so the building would
conform to the density regulations. The overhang at the southeasterly corner of the
dwelling house is a, 7.7 foot distance from the sideyard boundary line. The Petitioners
did not realize that the 10 foot sideyard would be measured from the overhang and not
from the foundation. Therefore, the Petitioners request that the Board grant a variance
to allow the 7.7 foot sideline rather than the 10 foot sideline. They argued that,
since the house is already built, it would be impossible to correct the violation
without substantial hardship.
The Board granted the request for a variance. The Board found that to allow the
7.7 foot sideline on one side would in no way be detrimental to the surrounding
neighborhood or derogate from the intent of the zoning by-laws.
The Board found that the Petitioners had acted in good faith and that it would cause
an extreme hardship to deny the variance requested.
VARIANCE GRANTED ************
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GEN. LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSUANT TO MASS GEN. LAWS, CHAPTER 808, SECTION 11, THE VARIANCE, OR SPECIAL PERMIT
GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEARING THE CERTIFI-
CATION OF THE CITY CLERK, THAT TVENTY DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED,
OR THAT, IF SUCH AN APPEAL HAS BEEN FILED, THAT IT HAS BEEN DISMISSED OR DENIED, IS
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE O1NER OF
RECORD OR IS RECORDED AND NOTED IN THE OWNERS CERTIFICATE OF TITLE.
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
BOARD OF APPEAL
ane T. Lundregan
Secretary
(0&
A.C�AytlTay nn
of "Salem,
s, SEP 14
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s CITY CLtA`%'� U'rEICt
AUGUST 30, 1977 I a,� SALEM, HASS•
DECISION ON THE PETITION OF JOSEPH R. INGEMI .FOR PROPERTY LOCATED AT
264 WASHINGTON ST. (R-3 DISTRICT) -
A hearing on the Petition of Joseph R. Ingemi was held with members Donald Eames,
Arthur Labrecque, William Abbott, James Boulger, and Douglas Hopper present.
Notices were sent to abutters and others in accordance with Mass. General Laws,
Chapter 808, concerning property located at 264 Washington St. located in an R-3
District_ The Petitioner requests a Special Permit to change the present non-
conforming use to another non-conforming use.
Rr. Ingemi represented 'himself before the Board noting that the building will be
used for the sale of art supplies and picture frames and that the building had been
used as a hardware store sometime ago and has been vacant for a long time. In its
present condition it is a blight to the area and they now have someone interested
in renting the property. The property will be rehabilitated if they are allowed to
rent it to the interested party. The longer the building is vacant the more it
becomes a fire hazard.
Mr. L'Heureux of Pond Street spoke in favor of granting the Permit and that it would
be an improvement to the neighborhood if the building were to be fixed nn.
.Nir. Joseph Ingemi, Sr. , Stephen Ingemi, and .the new tenant for the business, Mr. -
Batchagolupo, spoke in favor of the proposed use.
No one appeared in opposition.
The Board voted unanimously to grant the Special Permit for the use of the property,
for the sale of art supplies and picture frames. . The Board found that it could grant
the variance requested without substantial detriment to the surrounding neighborhood
and without derogating from the intent of the Salem Zoning By-laws.
SPECI.AL PERMIT GRANTED ***************
APPEAL FROM THIS DECISION, IF ANY, SHALL BEMADEPURSUANT TO SECTION 17 OF ME
YASS. GEN. LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSUANT TO MASS. GEN. LAWS, CHAPTER 808, SECTION 11, THE VARIANCE OR SPECIAL
PERMIT GRANTED HEP-EIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF ME DECISION, BEARING THE
CERTIFICATION OF THE CITY CLERK, THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED
OR THAT, IF SUCH AN APPEAL HAS BEEN FILED, IT HAS BEEN DISMISSED OR DENIED IS RECORDED
IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE N.AIH] OF THE OWNER OF RECORD
OR IS RECORDED AND NOTED ON THE OWNI ER'S CERTIFICATE OF TITLE. A COPY OF THIS DECISION HAS
.
BEEN FILED WIid THE PLANNING DEPT. AND CITY CLERK_
BOARLI,OF APPEAL
Douglas �Iopoer
Acting Secretary
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CITYSSULFFcyyhµ'.S�gOOfSqfjEt
FEBRUARY 24, 1977
DECISION ON PETITION OF EDWARD R. SOBOCINSKI, 82 WEBB STREET
CONCERNING PROPERTY LOCATED AT 82 WEBB STREET R-2 DISTRICT
A`hearing on this petition was held January 25, 1977 with members Arthur Labrecque,
Donald Eames, Douglas Hopper, James Boulger and Chairman John Gray present. Notices
were sent to abuttors and others in accordance with Mass. General Laws, Chapter 808.
Atty. Robert Ledoux represented the Petitioner before the Board. The Petitioner
has owned the premises located at 82 Webb Street for a number of years and the building
is used as a meat market. In the early 1950's an addition was built on to the existing
structure on Webb Street. At that time the Petitioner was granted a building permit
for the construction. However, during title examination by a local bank, it was noted
that the building itself may be in violation of the City of Salem Zoning Ordinance in
that it does not have proper setback, side yard or rear yard density as well as having
possibly exceeded the maximum lot coverage for an R-2 Zone.
In an R-2 Zone the maximum lot coverage allowed is 35% and there is a requirement
of a 10 ft. side yard and a 30 ft. rear yard. The Petitioner requests that the Board
grant him a variance so as to allow the structure to stand as it presently is with in-
sufficient setback, side yard, rear yard and lot coverage. The Petitioner maintains
that if the Zoning By-laws are enforced it would involve practical difficulty and undo
hardship in that the building was constructed in accordance with plans prepared for him.
He understood that the building was constructed in accordance with plans that conformed
to the Salem Zoning Ordinance.
The Board voted unanimously to grant the variance to the Petitioner to allow the
existing structure at 82 Webb Street to stand as is with insufficient setback, side yard,
rear yard and lot coverage. The Board felt that to deny the variance requested would
cause extreme hardship to the Petitioner and that since the building had been as is for
a number of years, the variance could be granted without substantial detriment to the
surrounding neighborhood or without derogating from the intent of the Salem Zoning By-law.
GRANTED **** ******** *
Appeal from this decision, if any, shall be made pursuant to Section 17 of the Mass. General
Laws, Chapter 808, and shall be filed within 20 days after the date of filing of this
decision in the office of the City Clerk.
Pursuant to Mass. General Law, Chapter 808, Section 11, the variance or special permit,
granted herein, shall not take effect until a copy of the decision, bearing the certifica-
tion of the City Clerk, that 20 days have elapsed and no appeal has been filed, or that, if
such an appeal has been filed, that it has been dismissed or denied, is recorded in the
South Essex Registry of Deeds and indexed under the name of the owner of record or is record(
and noted in the owner's certificate of title. Copies of the decision herein have been
• filed with the Planning Board and the City Clerk.
SALEM BOARD OF APPEAL
BY
Jahe T. Lundreggan, Secretary
alTtu at Salem, ffla0 IC*ettB i .RECEIVED
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axrD of � rettl APR 11 i t 584H 177
APRIL 5, 1977
CITY CLEWS UFF'ICE
• SALEM, MASS.
r. DECISION ON PETITION OF X. FRANK XONKEL FOR PROPERTY LOCATED AT 56 WINT_HROP
STREET (R-2 DISTRICT)
A hearing on this petition was held April 5, 1977 with members John Gray, Jane Lundregan,
Donald Eames and Associate Members Douglas Hopper and James Boulger present. Notices
were sent to abutters and others in accordance with Mass. General Laws, Chapter 808, for
a Special Permit to change a non-conforming use (distribution food center) to another
non-conforming use (machine shop for the production of small engineer craft parts.
Atty. Alan Kalikow represented the Petitioner before the Board. The Petitioner stated
that he had a very small scale business which produces small engineer craft parts. The
business is presently located in the cellar of his home. The Petitioner stated that
said business would not cause undo noise or interference to the neighborhood.
Several abutters appeared in opposition to the granting of a Special Permit. The abutters
felt that the granting of the Special Permit would cause their property values to decrease
and would cause a dangerous situation and a noisy situation for the neighborhood.
The Board voted unanimously to deny the Special Permit. The Board found that the Special
Permit use requested, to wit, the use as a machine shop for the production of small
Winineer craft parts, was a use which was detrimental to the neighborhood than the present
n-conforming use. Therefore, the Board felt that it could not grant the Special Permit
thout derogating from the intent of the Salem Zoning by-laws.
PETITION DENIED *******************
Appeal from this decision, if any, shall be made pursuant to Section 17 of the Mass.
Gen. Laws, Chapter 808, and shall be filed within 20 days after the date of filing of this
decision in the office of the City Clerk.
Pursuant to Mass. General Laws, Chapter 808, Section 11, the variance or special permit,
granted herein, shall not take effect until a copy of the decision, bearing the certifi-
cation of the City Clerk, that 20 days have elapsed and no appeal has been filed, or that,
if such an appeal has been filed, that it has been dismissed or denied, is recorded in
the South Essex Registry of Deeds and indexed under the name of the owner of record or is
recorded and noted on the owner's certificate of title. Copies of this decision have been
filed with the Planning Board and the City Clerk.
SALEM BOARD OF APPEAL
I
BY'
a{fe 4. Lundrbgan
• �ecretary
4