APPEALS DECISIONS 1978-1979 llq '7
it's P'fov of em, ginzarlmutti -
ji�� ,:_.
CtT SA _ . SS. E a IIc�T i zal 744-69
00
JUNE 6, 1978
DECISION ON THE PETITION OF HENRY J. AND VIRGINIA M. JALBERT, OWNER OF
PROPERTY LOCATED A - - t i r)
A hearing on this petition was held on Tuesday, Jame 6, 1978, with the following
members of the Board present: Jane Lundregan, Donald Eames, Douglas Hopper and James
Boulger. Notices were sent to abutters and others in accordance with Mass. General
Laws, Chapter 808. The notice of hearing was duly published in the Salem Evening
News advising the public-of said hearing.
The Petitioners represented themselves before the Board. The structure presently
has inadequate frontage in accordance with the Zoning requirements for a B-2 Zone.
The Petitioners wish to add an additional room-which would-measure 10' x 22' onto the
existing structure in order to make additional bedroom space.
The Board voted unanimously to grant the variance requested. The Board found
that it would not derogate from the intent of the Salem Zoning By-law to allow the
addition, as requested.
The Board found that the addition would not be detrimental to the surrounding
neighborhood and several neighbors appeared in favor of the granting of the petition.
VARIANCE GRANTED
APPEAL FROM THIS DECISION, IN 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 SPECI_AL PERMIT,
GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION', BEARING CERTIFICA-
TION OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED ANDNO APPEAL A
E�AL ELS BEEN FILED OR THAT,
IF SUCH AN APPEAL HAS BEEN FILED, THAT IT HAS BEEN DISMISSED OR DENIED 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 Lunge anf
Secretary
I.
f
OCT 5 9 t�",.Q1� STA
FILE ;j CEM ofZa1Pm, etu ', -jig,
CITY CL[.?.:,. �iLFH.MASS. POSrb of LA"Jea -f_:%?
SEPTEMBER 12, 197Y C:'a r S�!E:3'.I1a55
DECISION ON PETITION SUBMITTED BY ROBERT AND RUTH ARMSTRONG CONCERNING
PROPERTY LOCATED AT 18 BAY VIEW AVENUE - R-1 DISTRICT
A hearing on this petition was held on September 12, 1978. Notices were mailed
postpaid to the Petitioners, abutters and others and the notice of hearing was duly
advertised in the Salem Evening News on August 25 and September 1, 1978 in accordance
with Mass. Gen. Laws, Chapter 808.
The following members of the Board were present for the hearing: Jane T. Lundregan,
Donald Eames, Arthur Labrecque and James Boulger.
The Petitioner represented himself before the Board. The Petitioner wishes to add
a porch to the existing building at 18 Bay View Avenue. Said porch would be less than
the required 15 ft. for front setback. The Petitioner presented photographs to show
where the abutting buildings are located. The porch will. be 5-1� ft. from the sidewalk
at one point and 11 ft. from the sidewalk at another point. The Petitioner noted that
the surrounding properties are all undersized and the buildings do not conform to side-
line, and front and rear setback requirements.
The Board voted unanimously to grant the variance requested. The Board found that
in granting the variance it would be in no way detrimental to the surrounding neighborhood,
and that the neighborhood itself is one of undersized lots and the abutting properties
for the most part are not conforming as to density requirements.
The Board found that the porch would in no way be detrimental to the abutting
properties. The Board also found that to deny the petition requested would cause hardship,
to the petitioner in that his house is small and the lot is small and the added room is
needed for living space.
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 IBIS
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 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. -
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
ane T. Lundregan 7 `
Secretary
c'
IF
�Svax S o hAY i
APRIL 25, 1978 CIT'i yLLi,: J JfrICE
SALEH, HASS,
DECISION ON THE PETITION SUBMITTED BY HENRY R. DUPUIS CONCERNING PROPERTY
LOCATED AT 64 BEAVER STREET LOCATED IN AN R-2 DISTRICT
A hearing on this petition was held on April 25, 1978 with the following members
present: Donald Eames, Jane Lundregan, Arthur Labrecque, William Abbott, James Boulger
and.Associate Member Douglas Hopper. 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
construct a second level on the existing building for purpose of bedroom space. He
is requesting a variance on the side line requirements. The side line of the present
building is non-conforming.
The Board found that they could grant the variance requested without substantial
detriment to the surrounding neighborhood and found that to deny the petition requested
would cause hardship to the Petitioner.
Since the building is presently non-conforming, the added height would in no way
be detrimental to the surrounding neighborhood.
VARIANCE GRANTED xxrrRt f kr. xe
APPEAL FROM THIS DECISION, IF ANY, SHALL BE NIADE.PURSUANT TO SECTION 170F 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. GFNERAL LAWS, CHAPTER 808, SECTION 11, THE VARIANCE OR SPECIAL PERMIT
GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISIO\T, 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 DISNUSSED OR DENIED IS RECORDED IN THE
SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER CF RECORD OR IS
RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
Jane T. Lundregan
Secretary
i
DECISION3FILED IN ACCORDANCE WITH COURT ORDER
• ��JY /
PP 11
nxrb of AF, eal �,:_ 3 ;:;
"'i L
NOVEMBER 29, 1978
DECISION, ON THE PETITION OF MICHAEL J. EGAN CONCERNING PROPERTY LOCATED
AT 8 BENTLEY STREET
A hearing on this petition was held on Wednesday, November 29, 1978. Due to a lack
of a quorum, the hearing on this petition was held on December 6, 1978. Notice for said
hearing was sent to the abutters and others and duly published in the Salem Evening News
on November 10 and 17, 1978, in accordance with Mass. General Laws, Chapter 808.
Members Douglas Hopper, Donald Eames, Arthur Labrecque, James Boulger and Associate
Member John Nutting were present.
Atty. Walter Costello represented the Petitioner before the Board. The Petitioner
wishes a Special Permit for an additional apartment unit at 8 Bentley Street, which
presently contains two apartment units. On February 28, 1978 the Board denied the Peti-
tioner a similar request. The Board was instructed by the Superior Courtto have further
deliberation on this case. The Petitioner submitted a plan showing off-site parking for
four cars and stated he would rent one additional parking space within the neighborhood.
The Petitioner resides on the first floor and feels that the nine rooms on the second and
third floors cannot be rented unless they can be made into two units. There would be
no increase in density because all the parking required would be provided. If the
•.petition were not granted, the only people that would be attracted to an apartment of this
size would be a large family.
h1r. Costello advised the Board that a petition had been presented at the last hearing,
signed by eight abutters, supporting the petition.
The Board heard testimony from abutters stating that the area is already congested.
Many families do not have any off-street parking. There are other homes .in the area which
have vacant third floors.
The Board voted to deny the Special Permit requested. " The Board felt that the area
is already highly congested and an increase in density would be substantially detrimental
to the neighborhood. The plan submitted by the Petitioner showing four parking spaces did
not fully comply with the zoning ordinance and that leasing the additional required parking
space is not acceptable. The Board also felt that to grant the Special Permit would set an
undesirable precedent to the neighborhood.
SPECIAL PERMIT DENIED
Ave,
Do Blas Hopper
Acting Secretary
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE BASS. cmNE-RAI.
LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER TIIE 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.
A TRUE COPY ATTEST: • co
JOSEf3HINE R F Sl
CITY CLERK
Co:
9
FEBRUARY 28, 1478 CITY K'S OFFICE
744-6400 SALEM MASS.
DECISION ON THE PETITION OF MICHAEL J. EGAN CONCERNING
PROPERTY LOCATED AT 8 BENTLEY STREET (R-2 DISTRICT)
A hearing on this Petition was held on February 28, 1476, pursuant to
notice given to the applicant, the Building Inspector, abutters and others
in accordance with statutory requirements, Chapter 808.
Members Jane Lundregan, Donald Eames, Arthur Labrecque, James Boulger
and Associate Member Douglas Hopper were present.
Atty. Carmen Fratteroli represented the Petitioner before the Board.
The Petitioner is requesting a Special Permit in order to convert property
located at 8 Bentley Street from two to three family units, The Petitioner
stated that the building in question is ideally suited to a change from two
to three apartments and that there is ample room for parking, as required.
There is a two car garage on the premises and a large drive way. The
Petitioner stated that the building would be owner occupied.
The Board voted to deny the Special Permit requested. The Board voted
that the Bentley Street area is a very congested area and that the granting
of a Special Permit for a three family dwelling in said area is unrealistic
and would derogate from the surrounding neighborhood.
SPECIAL PERMIT DENIED + +* *+�r ■:sr
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.
A COPY .OF THIS DECISION HAS BEEN FILED WITH_ TH6 PLANNING BOARD AND THE CFTy
CLERK. . -
BOARD OF APPEAL
t ��
CvT. Lundr�. -- -S
e egan, Secre ry
OtU of 17'aIem, Fu use #
RECEIVED
uurb of C�"Zxrl MAY i rl PN '18
APRIL 25, 1978
CITY CLkN` 'FF ICE
SA�EM. MASS.
DECISION ON THE PETITION SUBMITTED BY HARRY AND CONSTANCE ENG CONCERNING
PROPERTY LOCATED AT 30 BOSTON STREET - R-2 DISTRICT
A hearing on this petition was held on April 25, 1978 with the following members
present: Donald Eames, Jane Lundregan, Arthur Labrecque, William Abbott, James Boulger
and Associate Member Douglas Hopper. Notices were sent to abutters and others in
accordance with Mass. General Laws, Chapter 808.
Atty. James Murphy represented the Petitioner before the Board. He noted that
in seeking financing for a one story building, the bank would not provide the financing
unless residential use was included in the construction plan. A financial hardship was
claimed by the Petitioner because unless they have a second level, the bank will not
go along with financing a one story building for commercial use only.
The Petitioners had already obtained a variance for a small greenhouse plant store.
There would be no change in the proposed structure except that an apartment will be
located on the upper level of the building.
The Board voted to grant the Petition requested with the following restrictions:
1) The Petitioner will brick the street face of the building;
2) The electrical pole will be relocated to the west, if possible;
3) The fence will be repaired.
The vote was made to grant the variance requested in accordance with the plans
submitted with the above conditions noted. The Board found that it could grant said
variance without derogating from the intent of the Salem Zoning Ordinance or without
substantial detriment to the surrounding neighborhood. The Board also found that
to deny the petition requested would cause financial and other hardship to the Petitioner.
VARIANCE GRANTED WITH CONDITIONS *x***xx*******
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 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 UNSER THE MME 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.
40 BOARD OF APPEAL
ane T. Lundregan
Secretary
J O•
THU of $ulem, fflassadjusetto � V�
SEPTEMBER 12, 1978
DECISION ON PETITION SUBMITTED BY JOHN FLYNN F, SONS, INC.'MARN1fiI60 97R
PROPERTY LOCATED AT 80 BOSTON STREET AND 15 GOODHUE ST;&qf
(INDUSTRIAL DISTRICT)
CI7Y ,^,LEi> c7t.Fk.1C aS
A hearing on this petition was held on September 12, 1978. Notices were mailed
postpaid to the Petitioners, abutters and others and the notice of hearing was duly
advertised in the Salem Evening News on August 25, and September 1, 1978 in accordance
with Mass. General Laws, Chapter 808.
The following members of the Board were present for the hearing: Jane T. Lundregan,
Donald Eames, Arthur Labrecque and James Boulger.
Mr. John Keenan represented the Petitioners before the Board. The Petitioner is
seeking a variance on the setback requirements in order to construct two new buildings
to replace the five story building that was destroyed by fire. They wish to replace
the building with another building containing a cellar and one story at the Boston St.
location and at 15 Goodhue St. they wish to take down the temporary structure and replace
it with a permanent structure.
The Petitioner noted that the existing condition on Boston St. is a hazard and that
the new building would be an attractive addition to the area. The Petitioners are in
need of production space and could increase employment in the neighborhood by 50/60%.
The Petitioners need a variance from the density requirements and setback requirements
of 30 ft.
The Board voted unanimously to grant the variances requested. The Board noted that
the Petitioner has been in business in Salem for a number of years and has a good reputa-
tion. The Board found that the denial of the variances would cause substantial hardship
to the Petitioner and to the business. The Board found that location of the business is
an asset to the City of Salem and would in no way be detrimental to the surrounding
neighborhood. The Board voted to grant the variances requested in accordance with the plans
submitted.
VARIANCES GRANTED FOR 80 Boston St. and 1S Goodhue Street.
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. GEN. LAWS, CHAPTER 808, SECTION 11, THE VARIANCE OR SPECIAL PERMIT GRANTED
HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEARING 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 IS 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.
Jane -T. Lundreg�n
Secretary
(gitv of '$ ales, assgat �R 12 17 P 1 '18
+�Rec pQarb IIJ A"Vd FIL Z r
OCTOBER 26,' 1978 CITYCLE4X..S
DECISION ON PETITION SUBMITTED BY GERALD SELZNICK (SALEM ALUMINUM WIND01,V CO.)
CONCERNING PROPERTY LOCATED AT 97 BOSTON ST.
A hearing on this petition was held on October 26, 1978 with the following members
of the Board present: Jane T. Lundregan, Donald Eames, Arthur Labrecque, Douglas Hopper,
James Boulger and Alternate Member, John Nutting. Notices were sent postpaid to abutters
and others and duly published in the Salem Evening News on October 12 and 19, 1978 in
accordance with Mass. General Laws, Chapter 808.
Atty. Charles Manning represented the Petitioner before the Board. The Petitioner
is presently doing business under the name of Salem Aluminum Window Co. located at 97
Boston Street, Salem, Mass. in an R-2 District.
On or about April 6, 1971, the Board granted the Petitioner a Special Permit to alter
and modernize the first floor of a two storey wooden structure into a glass store front
and to occupy same for the supply and sale of aluminum door and window products. At that
time the Board provided that the second floor of the premises would remain vacant and would
not be rented to others.
The Petitioner now seeks a Special Permit to erect a 20 ft. by 20 ft. storage room
• on about 5,000 sq. ft. of land at the rear of the premises to be used to store material
used in his business. The Petitioner noted that the area is surrounded by other commercial
uses and that the boundary between the business zone and the residential zone commences
at the abutting property. The Petitioner further stated that the second floor of the
building cannot be used for storage as the material is too heavy.
The Board voted to grant the Special Permit requested. The Board noted that the
surrounding area is primarily commercial and not residential. The Board felt that the exten-
sion of a non-conforming use would in no way derogate from tha intent of the Zoning By-law
nor be detrimental to the neighborhood in any way.
SPECIAL PERMIT GRANTED *****xx*
APPEAL FROM THIS DEM,1C I IF ANY. SlIPUL 8E MADUMIANT TO SECTION 117 OF THE 7R 19S. f�
GENERAL LA' S DHAP ER KS, Aro SHALL EE ` l-ED IJ Cr DAYS Af iER CA-` OF f LING
OF THIS CECISI I Ir' THE OFFICE OF THE CITY CLERK.
PURSANT TO fa. C"NER„E LAAS CHAPTER 8J8. SE WN 11. THE VA° '%!C 'L 11-Rfd1T Jane T. Lund gap,
GRANTED HEREIN. SHA'' NOT TAKE EFFECT UNTIL A COPY OF TI!" i-;E CELT. f Secretary
FICATICN OF TH'E CITY CLERK THAT 20 DAYS HAVE ELAPSED AM1!<7 L!D F,PP_". fi:.4 EE-% Ell
OR THAT. IF SUCH AN APPEAL HAS SEEN RLC TH:L T H'S 2,1:'N vl=D C S
RECORDED :N it+E $'1J H ESSEX RESISTft CF Di LDS •� D Wr"X i'' -E 0. THC OWNER
OF RECORD G;; IS REJCRDEO ANO NOTED Oil THE O'i1NLR'S GERFIFIC.STE CF TITLE.
• A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
/O.
Tii of Salrm,
►2 '
�L
:t1 PIIBrb of '�Ppvd
DECEMER 20, 1978 CI".' ,: •.L �!,mAss.
DECISION ON THE PETITION.OF RAYMOND LAVOIE CONCERNING PROPERTY LOCATED AT
140 BOSTON STREET (B-2 and R-2 DISTRICTS)
A hearing on this petition was held on Wednesday, November 29, 1978. Due to a lack
of a quorum, the hearing on this petition was held on December 6, 1978. Notices for said
hearing were sent to abutters and others and duly published in the Salem Evening News on
Nov. 10 and 17, 1978 in accordance with Mass. General Laws, Chapter 808.
Members Douglas Hopper, Donald Eames, Arthur Labrecque, James Boulger and Associate
Member John Nutting were present.
The Petitioner, Raymond Lavoie, is seeking a variance to divide property located at
140 Boston Street into two undersized parcels. On plan submitted, Parcel B, containing
4,925 Sq. ft. and a residential structure, would be retained by Mr. Lavoie. Parcel A.
containing 2,025 and no structures, would be sold to abutter, Mr. Renard. W. Renard would
use the parcel for parking.
No one appeared in favor or in opposition to the petition.
• The Board voted unanimously to grant the variance on the condition that the sale of
Parcel "A" be executed within six months to the abutter, Mr. Philip Renard, to form one
parcel at 59 Beaver Street. The Board found that it could grant the variance requested
without derogating from the intent of the Salem Zoning Ordinance and without substantial
detriment to the surrounding neighborhood.
VARIANCE GRANTED WITH CONDITION. ****xrr*xr
BOARD OF APPEAL
I Douglasz�'Hopper 91 If
Acting Secretary
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.
PJ93ANT TO MASS. GENERAL LAWS, CHAPTER 808. SECTION 11, THE VARIANCE OR SPECIAL PERMIT
C R A',',IT ED HERE!N, SHALL NOT TAKE EFrECT UNTIL A COPY OF THE DECISION, BEARING THE CERT-
FICATION OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED,
OR THAT, IF SUCH AN APPEAL HAS 8EEN FILE. THAT IT HAS BEEN DISMISSED OR DENIED IS
RECOROEO III THE SOUiH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAVE OF THE OWNER
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
"tr, IvED
r zs r1i '78
of
CITY L1.6,r, J OFFICE
a ,
�rJ Pinxrb of �pyral
SEPTEMBER 12, 1978
DECISION ON, PETITION SUBMITTED BY WHITNEY-L. JACKSON CONCERNING PROPERTY
LOCATED AT 145 BOSTON STREET - B-2 DISTRICT
A hearing on this petition was held on September 12, 1978. Notices were mailed
postpaid to the Petitioner, abutters and others and the notice of hearing was duly adver-
tised in the Salem Evening News on August 25, 1978 and Sept. 1, 1978 in .accordance with
Mass. Gena Laws, Chapter 808.
The following members of the Board were present for the hearing: Jane T. Lundregan,
Donald Eames, Arthur Labrecque and James Boulger.
Mrs. Whitney represented the Petitioner before the Board requesting a variance on the
sideline requirement in order to add a bedroom to the existing building at 145 Boston
Street. Said bedroom is to be 10 ft. x 23 ft.. The existing building is already a non-
conforming structure with a 7.5 ft- sideline. There wculd be no further encroachment on
the 7.5 ft. sideline as the addition is to be on the upper level of the existing building.
The Board reviewed the plans submitted and noted that the addition would not extend
•beyond the existing first floor wall. The Board voted unanimously to grant the petition
requested. The Board found that the addition to the home would in no way be detrimental
to the surrounding neighborhood. The building is presently non-conforming as to side-
line and the addition will not further encroach on the sideline.
The Board found that to denythe.petition requested would cause hardship to the
Petitioner in that the lot is undersized and that the Zoning Ordinance allows two storys.
VARIANCE GRANTED
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MODE 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. LAIVS, CHAPTER 808, SECTION 11, THE VARIANCE OR SPECIAL PERMIT GRANTED
HEREIN, SHALL NOT TAIT EFFECT UNTIL A COPY .OF THE DECISION, BEARING CERTIFICATION OF THE
CITY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED, OR THAT, IF SUCH AN
APPE4I. 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 RECOP.D 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 T`IE .CITY CLERK.
ane 1'. Lunregan
Secretary .
r h.GCa'u1T�;_
744-6900
MAY 9, 1978 ':4
DECISION ON THE PETITION SUBMITTED BY JULIANNE KALLAS CONCERNING
PROPERTY LOCATED AT 1S1 BRIDGE STREET R-2) SAIEk.M;
A hearing on this petition was held on Tuesday, May 9, 1978, at 7:00 P.M. at
One Salem Green. Notices were mailed to abutters and others in accordance with Mass.
General Laws, Chapter 808. Notice of the hearing was duly published in the Salem
Evening News advising the public of this hearing.
The following Board Members were present: Donald Eames, Arthur Labrecque, William.
Abbott, Jane Lundregan, James Boulger and Associate Member Douglas Hopper.
Atty. Michael O'Brien, 81 Washington St. , represented the Petitioner before the
Board. The Petitioner purchased the building located at 1S1 Bridge St. last year.
She is having a difficult time financing her mortgage and taxes and she wants to have
a third apartment in order to give her better financial security.
• The Petitioner stated that there are many three and five family dwellings in the
neighborhood. The Petitioner stated that there is adequate parking facilities for
six cars, although, the parking spaces do not meet all the requirements of the Salem
Zoning Ordinance.
The Board voted to deny the variance requested. The Board felt that the property
is very dense the way it is. The building is located in a residential zone and there
are traffic problems and parking problems in the area at present.
The Board felt that it could not grant the variance requested without substantial
detriment to the surrounding neighborhood or without derogating from the intent of the
Salem Zoning By-law.
VARIANCE DENIED
APPEAL. FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUA\'T TO SECTION 17 OF THE MASS.
GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED 61lITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE. OF HIE CITY CLERK.
A COPY OF THIS DECISION FVS BEEN' FILED WIT1 THE PLAiNNIN'G BOARD AND TILE CITY. CLERK.
48 BO-'NIU) OF APPRAJ,
Jane 7'. Ltuidr�an � L-
_ecretary
fgitu of 5atem, Anssac4usetts
2Boarb of Appml Nov ; { 1 3s 11 T8
JR`GL"T4�
OCTOBER 26, 1978 CITY CLLI :M,z oF'FICE
SALEM. MASS.
DECISION ON PETITION SUBMITTED BY EDMIND MOPNEAU CONCERNING PROPERTY
LOCATED AT 333 BRIDGE ST. (OWNTR, DEBORAH 11MURE)
A hearing on this petition was held on October 26, 1978.with the following members
of the Board present: Jane T. Lundregan, Donald Eames, Arthur Labrecque, Douglas Hopper,
James Boulger and Alternate Member, John Nutting. Notices were sent postpaid to abutters
and others and duly published in the Salem Evening News on October 12, and 19, 1978 in
accordance with Mass. General Laws, Chapter 808.
Atty. John Serafini represented the Petitioner before the Board. The property is
located in an R-2 District. The Petitioner is a Lessee of a gas station at 333 Bridge
St. under written lease: The gas station has been in existence on the premises for at
least thirty years. The Board of Appeal granted a variance in 1952 in order to permit
the rear portion of the premises as a parking lot for private and commercial vehicles.
The Petitioners would like to use the premises for the sale of used cars. The Petitioner
stated that the particular use would not involve any more than six cars at any one time.
The Petitioner noted that the neighborhood is primarily. industrial and commercial
• The Board voted to grant the Special Permit requested for the extension of a non-
conforming use in order to allow the Petitioner to sell no more than six cars .at any
one time and on the condition that the Special Permit shall be limited to three years,
at which time the matter will be reviewed by the Board for renewal.
The Board found that the neighborhood is primarily commercial and that it could
grant the permit requested without substantial detriment to the neighborhood and without
derogating from the intent of the Salem Zoning By-law.
SPECIAL PERMIT GRANTED
;lane T. Lundregan
APPEAL FROM THIS DECISION, IF ANY. SHALL BE MADE PURSUANT TO SECTION 11 OF THE MASS. tcretary
GENERAL LAYlS, CHAPTER 808. AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION III THE OFFICE OF THE CITY CLERK(. -
PURSANT TO .-*.ASS. CENZP.AL LAPIS, CHAPTER 805, SECTION 11, THE VARIANCE OR SPECIAL PEP.MIT
GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THEDECISQN. BEARING THE CERT-
. FiCATION OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED,
OR THAT, IF SUCH AN APPEAL HAS BEEN FILE, 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
A COPY OF THIS DECISIaN HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK'S OFFICE
RF;;_IVED
carve UCT �� i 03, 1�1
Ci'i Y G Lc r;i, WvL1Salem, Aaszar4usetts
s �
SALEM, HAS$,
s�
1 Poarb of ( VVpzal 744-6900
SEPTEMBER 26, 1978
DECISION ON PETITION SUBMITTED BY ROBERT AND ROSE MAGARIAN CONCERING PROPERTY
LOCATED AT 337 BRIDGE ST. , R-2 DISTRICT
A hearing on this petition was held on September 26, 1978 with members Jane
T. Lundregan, Douglas Hopper, Arthur Labrecque, and James Boulger present. Notices
were sent postpaid to abutters and others and duly published in the Salem Evening News
on September 11 and 18,1978 in accordance with Mass. General Laws, Chapter 808.
Mr. Robert Magarian represented himself before the Board. He is requesting a
Special Permit under Section V,D,10 of the Salem Zoning Ordinance in order to extend
a non-conforming structure by building an addition onto the existing building out toward
Bridge St. for the purpose of garaging a vehicle and supplies. The building will use
an area of 14 ft. x 16 ft. Mr. Magarian is also requesting a variance on the sideline
and front setback requirements.
The Petitioner stated that his only purpose is to garage his vehicle and no
flamable chemicals will be stored there. He is now storing carpet supplies across the
street in a warehouse. The building will be cinder block construction with brick veneer.
The Board voted to grant the Special Permit requested in order to extend .the non-
conforming building for the purpose of garaging a vehicle and storing supplies. The
Board also granted the variance for the sideline and setback requirements in order to be
able to construct said garage. The Board found that it could grant the Special Permit
and variances without detriment to the surrounding neighborhood and without derogating
from the intent of the Salem Zoning By-law. The Board noted that the building needed
the density variances in order to be constructed and to deny the variances would cause
hardship to the petitioner. The size of the lot is such that said building could not
be constructed without said variances.
SPECIAL PERMIT GRANTED
VARIANCE ON SIDELINE 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 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.
BOARD OF APPEAL
. -Jane T. Lundregan
Secretary
/5
of Salem, fflassar4uutto I 1 a-g �g
x
�goarb of �Ayp i[
DECISION ON PETITION OF GEORGE $ ROBERT MAGUIRE CONCERNING PROPERTY LOCATED AT
14-16 BMVNI STREET, SALEM Har 57 AMI 178
FILE J
This is a direct appeal by the Petitioners, George Magu&r,,,`andobert Maguire,
through their attorney, George P. Vallis, One Church Street, aleni, from-ih plicable
terms of the City of Salem Zoning Ordinance to allow them to construct a building to
contain 4 professional officesand a dwelling unit on parcel of land located on a R-3
District.
Hearing was held on this appeal on March 28, 1978, pursuant to notices mailed post
paid to the Petitioners,.Board Members, Abutters, Abutters to Abutters, and others and
a notice was duly published in the Salem Evening News advising of this public hearing.
Chairman, James H. Boulger, Jr. opened the meeting with Board Members, Donald
Eames, Douglas Hopper and Arthur Labrecque being present. The application was submitted
to obtain a variance from the applicable terms of the Zoning Ordinance with respect to
use, lot area, rear and side yard Isetback and frontage requirements. The Petitioners,
through their attorney, submitted the following evidence:
Property is owned by the Beverly Savings Bank having acquired the property on May
19, 1977, through foreclosure proceedings. The property contains approximately 9,964
sq. ft. of land according to the plan submitted with the petition. Prior to 1975 there
stood on the property 2 buildings containing 24 dwelling units which buildings were
subsequently demolished. It was pointed out that the property contained 38 feet of
frontage and at its widest point on the Northerly bound was 58 feet. It would, therefore,
be impossible to erect an economically feasible building without the necessity of a
variance from the density regulations as to the size and shape of the property. It was
also pointed out that most of the buildings in the immediate area are of a multi-family
variety and that they are non-conforming in 1hat they fail to meet the density requirements
of the present Zoning Ordinance. Mrs. Lucille Nadeau, owner of property at 10 Brown St. ,
abutting Petitioners' parcel, voiced her opposition.
The Board took the matter under advisement until its regularly scheduled hearing
on April 25, 1978, at which time it unanimously voted to grant the variance as requested
by the Petitioners subject to the following conditions:
1. That the air conditioning unit on the roof face northwest over the parking area;
2. That the Petitioners install curbing at the entrance of the parking area;
3. That the Petitioners replace the sidewalk in the front of the building with bricks-
4.
ricks4. That the Petitioners restore the fence located at the easterly boundary.
yT
Decision on property located at 14-16 Brown St. Page 2
The Board reviewed all the evidence presented and considered carefully the
plans heretofore mentioned. The Board found that a variance could be granted without
substantial detriment to the public good or substantial dez t�on �NT a� tent of
the provisions of the Zoning Ordinance, and that literal en orcemen{{ the .'rovisions
of the Zoning By-laws would cause substantial hardship to V=petitioners and that
special conditions with respect to lot size and placement of the buildings thereon
exist not generally affecting other lots and structuresinCtl1 cddsi,n-'!(Lt.4.HASS.
Variance voted unanimously subject to conditions outlined above.
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 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 APPEALS
BY a�=c ccs/
ane T. Lun regan, Sec tt art'
I&
' t p ft�8tts 41U56 U#9C E I V E G
`•
00 of raj MAR ZC - .E. Ph '18
EBRi7ARY 8, 1978 q ... ---. .
CITY ti n'S G' FICE
DECISIONON THE PETITION OF ESTHER REALTvCSALEk.NFRSS.
PROPERTY LOCATED AT 2d2 CANAL STREET (B<2D� CONCERNING
IS_RIC:')
i
A hearing on this Petition was held on February 28, 1978, pursuant
to notice giver. to the applicant, the Building Insnector, Abutters, and
others in accordance with statutory requirements, Chapter 808,
Atty, John Serafini, 65 Federal St. , represented fhe Petitioner begor�
the Board
1
The Petitioner is requesting- a variance from the density requirement
in ordei to convert the existing building into a' facility to accommodate social
Functions. The conversion requires the addition of a small area to be used,
for kitchen facilities.
ten f The proaosed addition would be _placed closer than
feet to the northerly side of the Petitioner's lot I
ii The Petitioner also operates and owns the adjacent restaurant occueieel
of the
Restaurant. It -is the Petitioner's intent that the Parking areas
f of the restaurant and the function hall shall be availab}.e to patrons of
either facility and the combined parking will exceed
spaces required under the the minimum parking
these plans, - Therefore, in Orde
the Petitioneroisnrequstingca variance from the side toyard
facilitate
requirement of 10 feet in order to construct the addition, as shown on the
plan submitted with the Petition.
i
The Board voted unanimouslyto
found that the Position grant the variance requested. The Board
tion of the new addition, as shown on the phare, is the best
location for the Proposed addition and that the granting of the variance on
the 1D foot sideline would in no way derogate from the surrounding neigh o
i hood. The variance granted is conditioned on the fact that the Parking at
the front of the building, as shown on the plan, would be eliminated and the
area will be landscaped. Also, curb stone is to be placed an both sides af,
the ertrance to the drive way terminating inside lice first parking both stall as
- shown on 'the revised plan.
F
VARIANCE GRANTED SVITH CONDITIONS NOTED ASOL!E,
APPEAL Fg0H THIS DECISION, IF ANY, SHALL BE PURSUANT TO SECtIO`i I7 O
THE i1ASS GEN. LAWS, CHAPTER 808, AND &HALL BE FILED WITHIN TW7SNTY D YS AFTER
THE DATE OF FITI\G OF THIS DECISION IiN TH.: OFFICE OF THE CITY CLERK.
�.iR X11 1'O i1F+;.- io' ti T :'1': ti ;ju > S'�8 S�»i-.)'.( lac t`y^u�rt�i�I:>>iC+`, OR SPECIAL,
F''- '�1T r 41:vi' D -. .�:-N. S:;ALL i�0? t
a .. ThF rF� T AT
,IS r ^Lr� L--TIL A COPY K THE DECISIC)�Nr
N
APPEaI + .o S,?r N r i. { D R i;i 1T I X, THA. 20 D 'YS Ii:a4E ELAPSE
> S :.' N APPEAL HAS BEEN D AND AS
E, DiS . TSS 7 OR DZ IED, IS P,ECORD D IN ; IL D, THAT IT HAS
04V ' S G}PtT: IC^TEaOF TITLE.NZ OF f Ot•,�, ., 0. ?�Ir2ps�o�1SERF^O4D=lIAND�NOTED�II�THE
D
00"'. OF THrS I)ECI�`n,. -
'=10N H.A' '-F-N FILED IVIT:i r:{ Pi.,aVTai`G8n„_,..^?n -
AND CITY <<.EPK.
r
Ac, �
HCi-IY..D
i � Uel 7 i lb
T. i oftt1Pm,
CITi LLGi.Y.`A Jf tIr.C
PIIST$ of c4peaC SALEM:MASS.
SEPTEMBER 12, 1978 ;..
DECISION"ON�'PETITION SUBMITTED BY RONALD._R. CALVANI CONCERNING PROPERTY .'
LOCATED.AT '21 CLARK STREET - R-1 DISTRICT
A hearing on this petition was held on September 12, 1978 Notices were mailed
postpaid to the Petitioner, abutters and others_ and the notice of hearing was duly
advertised in the Salem Evening News on August 25 and September 1, 1978 in accordance
with Mass. General Laws, Chapter 808.
The following members of the Board were present for the hearing: Jane T. Lundregan,
Donald Eames, Arthur Labrecque and James Boulger.
The Petitioner represented himself before the Board. He is seeking a.Special Permit
to operate a home occupation (restoring antiques and antique lighting) at his residence
located at 21 Clark St. which. is an R71 District. He stated that there would be. no off-
street customers and that his business-is scheduled by appointment only. He also stated -
that there is ample parking on the premises. He has room for eight cars which is more
than adequate. There will be no alterations to the structure itself since his work space
• in the structure is adequate. . All deliveries will come by United Parcel Service and there
would be no need for any other delivery trucks. There will be no other employees involved
in the operation.
The Board voted to grant the Special Permit for a period of three years at which time
the Petitioner must return to the Board far renewal of the Permit and that, if his
business increases to more than six-customers per day, or if he employees additional help
during this time he,will have to come back to. the Board of Appeal. for another hearing.
The Board feltthat it could grant the Special Permit requested without substantial
detriment to the surrounding neighborhood.
SPECIAL PERMIT GRANTED
APPEAL FROM. THIS DECISION,. IFYANY, SHALL BE MADE PURSUANT TO SECTION-17-:0F THE MASS. GEN.
LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER"THE DATE OF FILICiG OF THIS DECI-
SION IV 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 WiTIL A COPY OF THE DECISION, BEARING CERTIFICATION OF THE
CIfY 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 DISMIISSED OR DENIED IS RECORDED IN THE SOUTH ESSEX
REGISTRY OF DEEDS AND INDEXED WDER THE NAME OF THE O LATER OF RECORD OR IS RECORDED AND
NOTED ON THE OWWER'S CERTIFICATE OF TITLE.
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PIAli,NING BOARD AND THE CITY CLERK.
e T.. Lundregan,
Secretary.
CHH of 'SttlQm, coasriar4usetts
• =os ` � P"$ ' of A"24 Hov 17 11 Ott All 17B
OCTOBER 26, 1978 ,
BILE;i
CL F:=.S ',EM,%%ASS.
DECISION ON THE PETITION SUBMITTED BY BERGERON BATH & KITCHEN CONCERNING
PROPERTY LOCATED AT 20 COINDERCIAL STREET (OWNED BY JEANNETTE REALTY) R-2 DISTRICT
A hearing on this petition was held on October 26; 1978 with the following members
of the Board present: Jane T. Lundregan, Donald Eames, Arthur Labrecque, Douglas Hopper,
James Boulger, and Alternate Member, John Nutting. Notices were sent postpaid to abutters
and others and duly published in the Salem Evening News on October 12 and 19, 1978 in
accordance with Mass. General Laws, Chapter 808.
Mr. Lyons represented himself before the Board and noted that he would like to erect
a roof type sign that would be approximately 30 ft. x 3 ft. over his building and the sign
does not conform to the Salem Sign Ordinance. He stated that if he did not have the roof
top sign, because of the peculiar. location of his building, his business cannot be seen
from the main road. It was stated the sign, as proposed, would be silouetted against the
roof.
Mr. Gregory Senko, the City Planner, argued that the Petitioner has available to
• him alternatives to the sign presented which would be in conformance with the Sign
Ordinance, and would be as visible as the proposed non-conforming sign.
The Board voted to deny the Petition requested. The Board noted that the question
of hardship was not proven in that the Petitioner had alternatives available to him that
were acceptable. The Board found that it could not grant the permit requested without
derogating from the intent of the Salem Zoning Ordinance.
PEMVHT DENIED **xxx****
APPEAL FROM IHIS DECISION, IF A`IX St"!L R oq PO4S'IA:NT TO SECT CH 17 0.'THE MASS. / "T
GENERAL.LW:1S, CH:.PT[R 5�3. h s ,ane T. Lundre an
- 0 OA'S AMM THE DATE OF FIL(dIG g
'. THIS DECISION IN T', :n!' .. I•:. - Secretary .
A COPY OF THIS DECISION HAS BEEN FILED WITH THE SALEM PLANNING BOARD AND CITY CLERK.
Or
.F . . .. i ' L._ 1. _.
SO h
R SALEN>MISS. y
• 744-6900
JUNE 6, 1978
DECISION ON PETITION OF JAMES, JR AND NATHATTF (Rnivt.FYOWNER OF PROPERTY
LOCATED AT 18 CONANT STREET DISTRICT)
A hearing on this petition was held on Tuesday, June 6, 1978, with the following
members of the Board present: Jane Lundregan, Donald Eames, Douglas Hopper and James
Boulger. Notices were sent to abutters and others in accordance with Mass. General
Laws, Chapter 808. The notice of hearing was duly published in the Salem Evening News
advising the public of said hearing.
The Petitioners represented themselves before the Board. They wish to install
an inground pool and to do so they need a variance on the sideline requirement. The
sideline will be less than the six feet required under the Salem Zoning Ordinance.
The Petitioner noted the property is all fenced in.
The Board voted to grant the variance requested with the following restrictions:
1. The pool will not be in use after 10:00 P.M. or before 7:00 A.M.
2. No lights will be on during those hours from 10:00 P.M. or before 7:00 A.M.
tat the pool area.
The Board found that it could grant the variance requested with these restrictions
without derogating from the intent of the Salem Zoning By-law and without substantial
detriment to the surrounding neighborhood.
VARIANCE GRANTED WITH CONDITIONS NOTED xx***zxx*x**
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 PER`ILT
GRANTED HEREIN, SHALI. NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEARING 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 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 APPAL
/_sane T. Lundregan /
`Secretory
•
of tzl�tn, � Iaz � s
PIIarb III ) P[ib NOV '1 I 04 Hl 1 t U
MrE
OCTOBER 26, 1978 FILEt
DECISION ON THE PETITION SUBMITTED BY JOHN W. KEEFE CONCERNRY RETPfiI�T MASS,
LOCATED AT 108 .CONGRESS STREET
A hearing on this petition was held on October 26, 1978 with the following members
of the Board present: Jane T. Lundregan, Donald Eames, Arthur Labrecque, Douglas Hopper,
James Boulger and Alternate Member, John Nutting. Notices were sent postpaid to abutters
and others and duly published in the Salem Evening News on October 12 and 19, 1978 in
accordance with Mass. General Laws, Chapter 808.
Atty. Jacob Segal represented the Petitioner before the Board: The Petitioner has
.erected a fence at the location on Congress Street and has since discovered that the
fence is non-conforming in that it is six feet high at the corner intersection and thus
exceeds the height requirement under the Salem Zoning Ordinance. The fence was erected
at a cost of approximately $2,000 and was stained at a cost of approximately $400. The
corner in question is a one way street and there is a stop sign to control the traffic. .
The Board voted to grant the variance requested to allow the fence to stand as it is
at its present height. The Board found that the fence is not causing any detriment to
• the neighborhood in that fact that the street is one way and there is a stop sign which
controls the traffic to the necessary extent required.
The Board found that it could grant the variance requested without any detriment to
the surrounding neighborhood and without derogating from the intent of the Salem Zoning
By-law.
VARIANCE GRANTED ** *xr**
APPi L Fil^A THIS 1)10!1"! S, IF ANY. SHALL BE IMRO'E PURSUANT TO SECTION, 17 OF THE "BASS. -
GEN'12,AL LATS, C i 2T[ 8)8, APID SWILL BE FILED WITH!N. 20 DAYS AFTER THE DATE OF FILING
OF WS D_CiS... I IN IH: UFICE CF THE CITY CLERK..
PUR,'-ANT TO i7M. GEN:ERF.'_ I.1',:'S. CHAPTER 805, SECTI;,N 11, THE VARIANCE OR SPECIAL PERMIT Jane T. Undregan
GRA! iE) HEREIN, SHILL N:d 1.RE EFFECT UNTIL A CGPY OF THEDECISIG.'L BEARING THE CERT- Secretary
FICA-:6N JF ME CCICLE;;;' .i"AT 20 DAYS HAVE ELAPSED FHO NO APPEAL HAS EEEN FILED, -
OR ''NAT, IP S'1:.Pi 'IN APPrAL US BEEN FILE, THAT IT HA3 LEEN DIS.'.'.ISSED CR DENIED IS
RECLRDED IN ;:!^ SOUNH FSSE: REGISTRY OF DEEDS AND HME'l,ED UNDER THE NAME OF THE OWNIER
OF P.1-CORD CR IS R£CCRDED AP:D NOTED ON THE OWNER'S CERTIFICATE OF TITLE. ..
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK'S
• OFFICE
.2
3 Ctu of 5aleng, assac4u5jetts i
r sl du=b d
a �
MARCH 28, 1978
DECISION ON THE PETITION OF YOLANDE A. BICKERTON CONCERNING PKOP'HW 12 17 PM 178
LOCATED AT-110-C- 7 - T(R-2 DISTRICT) t .t
- -= FILE r-
A hearing on this petition was held on February 28, 1978 with��T �ohlo j ,MASS,
members present: Jane Lundregan, Donald Eames, Arthur Labrecque, James Boulger
and Douglas Hopper. Notices were sent to abutters and others in accordance with
Mass. General Laws, Chapter 808.
At this hearing it was requested by the Board that the Petitioner come back to
the next meeting with an additional detailed plan for parking accommodations, at
which time the Board will make its decision on the request for a Special Permit.
On March 28, 1978 the Board continued the hearing of the Petition for a Special
Permit with the following members present: Donald Eames, Arthur Labrecque,Douglas
Hopper and James Boulger.
The Petitioner is requesting a Special Permit to convert the third floor area
• at 10 Cross Street into an additional apartment. The building presently contains
three apartments. No changes will be made to the exterior of the building.:
In addition to an existing three car garage there will be additional off-street
parking by providing a 50' x 50' parking lot at the rear of the property with a 12'
wide driveway.
The Board voted unanimously to grant the Special Permit with the additional off-
street parking area provided for the tenants in the building at 10 Cross St.
SPECIAL PERMIT GRANTED ***********
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTIO-V17 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. GEN. LAWS, CHAPTER 808, SECTION 11, THE VARIANCE, OR SPECIAL PERMIT
GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEARING CERTIFICA-
TION BY 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 ObNITR 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 T]HE CITY CLERK.
.
BOARD OF APPEAL
7 ,
the i�undre an 7
Secretary
of Aalmm, c assart PE
744-6900 FEBRUARY 28, 1978 s� r�lAS3.
DECISION ON THE PETITION OF JOHN FRANCO UKRA'IIAN SOCIETY OF SALEbt CONCERNING
PROPERTY LOCATED AT 106 DERBY STREET, B-1 DISTRICT
A hearing on this. Petition was held on February 28, 1978, pursuant to notice
given to the applicant,. the Building Inspector, abutters and others in accordance
with statutory requirements, Chapter 808.
Members Jane Lundregan, Donald Eames, Arthur Labrecque, James Boulger and
Associate Member Douglas Hopper were present.
Atty. ' Donald Koleman represented the Petitioners before the Board. .
The property in question is located in a B-1 District and is presently used as a
Club by the John Franco .Ukranian Society of Salem. The Club has decreased in membership
and income and they are finding it .increasingly difficult to keep the property up and
pay the taxes. They would: like to sell the property and would like it to be able to be
used as a small sandwich shop or possibly a gift shop or office space, or sone :other
compatible use for the B-1 District. There is no parking available for the property.
The Board voted unanimously to grant the variance requested. The Board noted that
it is a B-1 District and any business use is allowed in the District. There is no
parking available and there is no possibility of parking being made available on the site.
The property is not suitable for a residential use as it is too small and the size of the
lot creates a hardship.
The Board decided that said lot could be used as .a sandwich shop or office space or
gift shop or any use compatible to those for small low traffic business use. The variance
was granted from the parking requirements for said use. The Board found that it could
grant such a variance without substantial detriment to the surrounding neighborhood.
VARIANCE GRAN- TED
APPEAL FROM THIS DECISION, IF ANY, SHALL BE INME PURSUANT TO SECTION 17 OF THE NPSS. 9.71..
LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TNENTY DAYS AFTER THE DATE OF FILING OF THIS
DECISION IN THE OFFICE OF THE CITY CLERK.
PURSUANT TO MASS. GEN. LAWS, CHAPTER 808, SECTION :I1, 1HE VARIANCE, OR SPECIAL PERR,IIT
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 K1S BEEN FILED, OR 71LAT,
IF SUCH AN APPEAL HAS BEEN FILED, THAT IT HAS BEEN DISMISSED OR DENIED, IS RECORDED IN
ITT SOUII I ESSEX REGISTRY OF DEEDS fY\'D INDEXED UNDER 'fl-L N: E OF ITE 0!,%NER OF RECOM OR IS
RE(7,OIMF.D A\T) NOTED IN THE OIVN'ER'S CERTIFICATE OF TITLE.
A COPY OF THIS DECISION I-L-1S BEEN FILED WITH THE PL.AiNNING BOARD AND THE CITY CLERK.
/rne T. Lundregan, Secretary
fI
;,.
IIT�t D� �s3Pc71 CITY
�3 y3
MAY 9, 1978
DECISION ON THE PETITION SUBMITTED BY PETER F, WILLIAM EICEI;,�yy�N�R,kyrV_PI'PT Iy
LOCATED AT 48 ESSEX STREET UNDER THE OWNERSHIP 0 FIIBBARD
.9LTY TRUST, IN AN R-2 DISTRICT - FILE�'c
CITY CL 'f:SiLE3A.F+�SS.
A hearing on this petition was held on Tuesday, May 9, 1978, at 7:00 P.M. at
One Salem Green. Notices were mailed to abutters and others in accordance with Mass.
General Laws, Chapter 808. Notice of the hearing was duly published in the Salem
Evening News advising the public of this hearing.
The following Board Members were present: Donald Eames, Arthur Labrecque, William
Abbott, Jane Lundregan, James Boulger and Associate Merrber Douglas Hopper.
Peter and William Rice represented themselves before the Board. The Petitioners wish
to remove the existing store front from the first floor of the property located at 48
Essex Street and to change the use from commercial to residential by creating four
additional apartments for a total of ten apartments in all.
The Petitioners stated that there is ample parking for all the tenants. There is a
• total of 30 parking spaces on that parcel. They stated that they want to change the use
of the first level because of the insurance lass which state that if there is a
merchantile operation on the first floor the entire building is rated merchantile in
regard to the insurance premiums. They therefore said that the insurance rates are a
hardship.
The Board voted unanimously to grant the Special Permit requested. The Board noted
that the property is presently non-conforming use and that it is a business use in a
residential zone. The Board felt that the new use, as apartments, would be better use
for the neighborhood and less detrimental to the surrounding properties.
SPECIAL PERMIT GRANTED **x**nx*Fsx*xx***
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 TART; EFFECT UNTIL A COPY OF THE DECISION, BEARING THE CERTIFI-
CATION OF n-IE 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 DISNIISSED OR DENIED IS RECORDED IN THE
SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NA•E OF THE OWNER OF RECORD OR IS
RECORDED AND NOTED ON' THE OWNER'S CERTIFICATE OF TITLE. A COPY OF THIS DECISION [LAS
BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
BOARD OF APPEAL Q
e TyLurn�r'In'- 2-ecretauy !/
nF 3
poarb of � nd E 8 38 All
ter, _'
CITY CIEFK 541_91.MASS.
DECISION ON PETITION OF JACOB LEVIN, SALEM YOUNG MEN' S CHRISTIAN_
ASSOCIATION AND ESSEX BANK CONCERNING PROPERTY LOCATED AT
29831-302 ESSEX STREET, SALEM
This is a direct appeal by the Petitioner, Jacob Levin, through his
Attorney, George P. Vallis , One Church Street, Salem, from the applicable
terms of the City of Salem Zoning Ordinance to allow him to convert the
second, third and fourth floors of three 4-story buildings into 15
dwelling units, each unit containing at least one bedroom, kitchen and
bath.
The property is located in a B-3 District.
Hearing was held on this appeal on June 6 , 1978, pursuant to notices
mailed postpaid to the Petitioner, Abutters, Abutters to Abutters , and
others and notice was duly published in the Salem Evening News advising
of this public hearing.
Chairman, James H. Boulger, Jr. , opened the meeting with Board
Members , Jane Lundregan, Donald Eames and Douglas Hopper, being present.
• The application was submitted to obtain a variance from the applicable
terms of the Zoning Ordinance with respect to use density and parking
requirements . The Petitioner, through his Attorney, submitted the
following evidence :
Property is owned by the Salem Young Men ' s Christian Association and
Essex Bank, of Lynn. The property contains approximately 6 ,500 square
feet of land according to the plan submitted with the petition. The pro-
perties
roperties are in serious disrepair and it is impractical and virtually
impossible to rent the upper three floors of the 4-story buildings for
office use for which they are presently zoned.
The buildings are located near the B-5 District in which multi-family
dwelling units are a permitted use and other than the difference in zoning
there is no substantial difference in the character of the location of the
locus premises and the B-5 District. The Petitioner agreed to make satis-
factory arrangements with the Salem YMCA to provide adequate parking for
the use of the occupants on other land owned by the Salem YMCA adjacent to
the locus premises .
The purposes to which the Petitioner wishes to put the premises would
make full use of the present buildings and conform to the desirability
of the mixed use consisting of residential and non-residential uses using
single structures which is the intention of the Urban Renewal Plan affect-
ing properties in close proximity to the locus property. The proposed
. mixed use of the premises would not place unreasonable burdens on the area
for parking and intended uses.
It was submitted that the proposed use of the construction and remodel-
ling of the structures would not be detrimental to the neighborhood or the
purposes of the Zoning By-Laws , but on the contrary, would contribute to
the revitalization of the downtown district and would conform to the city 's
Decision on property located at 2983-2-302 Essex St. Page 2
icomprehensive plan of a coordinated and harmonious development of mixed
uses in q� �'gwntown area.
The�'Board voted to table the matter until a specially scheduled hear-
ing which was held on June 27, 1978 , with Chairman, James H. Boulger, Jr. ,
and Board Members, Jane Lundregan, Douglas Hopper, Donald Eames and Arthur
Lebrecque being present, at which time it unanimously voted to grant the
variance as requested by the Petitioner subject to the following restric-
tions :
1. That the Petitioner enter into a ten year lease with the Salem
YMCA on property owned by the Salem YMCA located at 6 North Street, which
will provide 18 parking spaces , notice of said lease to be recorded at the
Registry of Deeds.
2. That the entrance to the parking area be twenty feet wide, with
a new curb cut at street and sidewalk.
3: That the Petitioner will provide shrubbery for screening of the
parking area facing North Street.
4 . That the Petitioner will provide a planted area on the premises as
shown on the submitted plans.
5. That the Petitioner will make changes of second story windows facing
Essex Street, which changes shall be determined by Petitioner' s structural
engineer and the architect of said Planning Board.
• The Board reviewed all the evidence presented and considered carefully
the plans heretofore mentioned. The Board found that a variance could be
granted without substantial detriment to the public good or substantial
derogation from the intent of the provisions of the Zoning Ordinance and
that literal enforcement of the provisions of the Zoning By-Laws would
cause substantial hardship to the Petitioner.
Variance was--granted as requested by the Petitioner by unanimous vote
subject to the restrictions outlined above.
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 SPECIA
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 DEECE
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.
.. BO RD OF APPEALS
By
JAMES H. BOULGER, JR. ,�/Chafrman
(Acting Secretary
of
rp
pearb of MRA mo 2.3
FEBRUARY 28, 1978OIiY i: �ith � orFICE
744-6900 SALEM. MASS.
DECISION ON THE PETITION OF ROBERT S. GIYS�gURG OM PROPERTY
LOCATED AT 315-317 ESSEX STREET
A hearing on this Petition was held on February 26 , 1976, pursuant to
notice given to the a-)alicant, the Building Inspector, abutters and others
in accordance with statutory requirements; Chanter 808, Mass. General Laws„
Members Jane Lundregan, Donald Eames, Arthur Labrecque, James Boulger
and Associate Member Douglas Hopper were present,
Attorney Timothy Davern', One Salem Green, represented the Petitioner
before the Board. The Petitioner presently operates a gift shop at 315
Essex Street and a photograph studio at 317 Essex Street with two eight
room apartments, one at 3151-4 Essex St. and one at 31514 Essex St. The
apartments have been operated as rooming domiciies renting them to roomers,
most of .whom attend Salem State College, for approximately twelve years.
The Petitioner stated the apartments were so operated prior to his acquisi-
tion of the property.
The Petitioner is requesting a Speciate Permit to bring the property
in conformance with the Salem Zoning Ordinance, The Petitioner stated that
the property is contiguous to the B-5 District and there are several other
non-residential uses in the neighborhood.
The Board voted to deny the Special Permit requested. The Board found
that the operation of a rooming house would not be compatible with an R-2
District and found that it would be detrimental to the surrounding neighborhood.
SPECIAL PERMIT DENIED #+ k ### *
APPEAL FROM THIS DECISION, IF ANY, SMALL 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
CT_TY CLERK.
BOARD OF APPEAL
n
..� %' -•%lam s� i :.--cc.-.:✓
Jane T. Lundregaq
Secretary
ttli#�S of ',$ttfem, ffltta5ar4ww#-2F9
Aa=b Of APPV 1JAH 31 136 PH 278
JANUARY 10, 1978 CITY CL + ' 'S urFICE
SAHA- MASS-
DECISION ON THE PETITION OFROBE_.RT MIG—N-MM, M.D. CONCERNING PROPERTY LOCATED
AT 327-329 ESSEX STREET - R-2 DISTRICT
A hearing on this petition was held on January 10, 1978 with the following Board
Members present: Jane Lundregan, Donald Eames, Arthur Labrecque, Douglas Hopper and
James Boulger. Notices were sent to abutters and others in accordance with Mass. Gen.
Laws, Chapter 808:
Atty. Robert Ledoux represented the Petitioner before the Board to request a
Special Permit to use the premises at 327-329 Essex St. located in an R-2 District for
use as professional offices. The premises in question has been used for a variety of
purposes over the years. The present occupant being the Salem American Legion Post #23
Associates. A portion of the building is occupied by a dance studio and another portion
is occupied by another commercial establishment. The Petitioner felt that the new use
would be a less dense use as professional offices in comparison to being used by 100
members of the Post or any other Club.
There is no parking area provided on the premises.
• The proposed use would be for medical offices.
Several abutters and others appeared in opposition to the granting of the Special
Permit. The opposition stated that they thought there would be additional parking
problems created in the area with the proposed use and felt that the traffic in the
area would also be increased because of the new density caused by the new use.
The Board voted unanimously to deny the Special Permit requested. The Board found
that although it is presently used for commercial purposes, the tenants are very quiet
and that the proposed use for medical offices would be a more dense use than the present
use. The Board therefore felt that it could not grant the Special Permit requested
without substantial detriment to the surrounding neighborhood.
SPECIAL PERMIT DENIID
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 TIVENTY DAYS AFTER THE DATE OF FILING OF THIS
DECISION IN THE OFFICE OF THE CITY CLERK.
Jane 'T. L�ed gan
cretary
a �
UcI U i c FH '7
' . CITY , r alPm, tt�s cl�xt�e #s
SA_,A to ,
a s Pourb of (l"eA
SEPTEMBER 26, 1978
DECISION ON PETITION SUBMITTED BY RICHARD AND SANDRA POHL CONCERNING PROPERTY
LOCATED AT 335 ESSEX STREET (R-2 DISTRICT)
A hearing on this petition was held on September 26, 1978 with members Jane
T. Lundregan, Douglas Hopper, Arthur Labrecque and James Boulger present. Notices
were sent postpaid to abutters and others and duly published in the Salem Evening
News on September 11 and 18, 1978 in accordance with Mass. General Laws, Chapter
808.
Atty. Donald Koleman, 328 Essex St. , Salem, Mass. represented the Petitioners
before the Board.
The Petitioners are requesting a Special Permit under Section V,B,l, page 25
of the Salem Zoning Ordinance in order to use one room of their home, located at
335 Essex St. to counsel people on a psychiatric basis. Said room would not con-
stitute more than 25% of the gross floor area. There will be no employees at all,
and there will be no changes to the building. The Petitioner has one available parking
space in front of the residence and has rented two parking spaces across the street.
• The Board voted to grant the Special Permit requested. The Board noted that said
Special Permit use is permitted and provided for in Section V,B,l of the Salem Zoning
Ordinance and found that the granting of said Permit would not be detrimental to the
surrounding neighborhood. There is adequate parking and the use of said room will not
generate any traffic increases.
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, THAT IT HAS BEEN DISMISSED OR DENIED IS
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE 014NER
. 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
)'a ne T. Lundregan,
Secretary
�8.
r,
JANUARY 10, 1978CIT7 JFFICE
SALEM, MASS.
DECISION ON THE PETITION OF FRANK BISEGNA 'ON PROPERTY LOCATED AT
411-413 ESSEX STREET - B-1 DISTRICT
A hearing on this petition was held on January 10, 1978 with the following
Board Members present: Jane Lundregan, Donald Eames,. Arthur Labrecque, Douglas
Hopper and James Boulger.
Notices were sent to abutters and others in accordance with Mass. Gen.
Laws, Chapter 808.
The Petitioner represented himself before the Board. The Petitioner
recuested a variance on the property located at 411-413 Essex Street in order
to construct a restaurant on the premises to serve food and alcoholic bev-
erages to be consumed on the premises. The property in question is located in
a 3-1 District. The area is presently zoned for a restaurant busirrzss as well
as other businesses. However, a restaurant serving alcoholic beverages is not
an allowed use in a B-1 District.
Mr. Bisegna stated that due to economic conditions in the City he felt
•- that a tasteful restaurant serving alcoholic beverages could be maintained in
the area in question.
Several abutters and others appeared in opposition to the granting of
. the variance, including a letter from the Salem Fire Chief opposing the granting
of the variance for reasons of congestion and public safety. It was also op-
posed by the First Spiritualist Church whose members stated they felt that it
is ui thin 500 feet of their property and they are opposed to the granting of
the variance for that reason.
Several other neighbors complained that it would add to the parking and
traffic problems that are already present in the area.
The Board voted to deny the variance requested. The Board found that
there was no hardship that was unique to the .pro->erty to support the granting
of the variance and also felt that the granting of the variance would add to
the congestion and problems already rresent in the neighborhood..
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 TWENTY DAYS AFTER
THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
. BOARD OF APPEAL
u� ����
ane T. Lundregan
Secretary
a9.
T l
cabin, J�
744-6900
�,AFr,•kME
JULIE 6, 1978
DECISION ON PETITION SUBMITTED BY SALEM REDEVELOPMFVT AUTHORITY, OWNER
OF PROPERTY LOCATED ON-FEDERAL STREET DES ATED APARCEL C-IA)
A hearing on this petition was held on Tuesday, June 6, 1978, with the following
members of the Board present: Jane Lundregan, Donald Eames, Douglas Hopper and James
Boulger. Notices were sent to abutters and others in accordance with Mass. General
Laws; Chapter 808. The notice of hearing was duly published in the Salem Evening News
advising the public of said hearing.
The Petitioner was represented by Atty. George P. Vallis, One Church Street, Salem,
Mass. The Petitioner is requesting a variance on the front, side and rear lot lines in
order to construct a single three level structure for multi-family use and a parking
stall as an accessory building. All are permitted uses in the urban renewal B-S
District.
The proposed structure will contain eight condominium units and there is no way
that the building can be constructed on the site without obtaining the variances requested.
"he parking stall will be constructed right on the boundary line. The building shall
be designed for the best possible use of the parcel and the aesthetic use of the property.
The Board voted to grant the variance requested as shown on the site plan dated
• May 23, 1978: front yard, from 1S ft. to 0 ft. ; easterly sideyard,from 30 ft. to 0 ft. ;
and rear yard, from 30 ft. to IS ft. Said variances shall be granted with the stipu-
lation that the parking shed shall not encroach over the abutting property line of the
New England Telephone Company property.
The Board voted that to deny the petition requested would cause substantial
hardship to the Petitioner and that much study and work has gone into the development of
the best possible use of the land. The Board found that the granting of the variance
would not derogatefrom the intent of the Salem Zoning By-1wv.
VARIANCES 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 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 AND
VOTED ON THE OWNER'S CERTIFICATE OF TITLE.
A COPY OF 'MIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
BOARD OF APPEAL
17
�_
" ane T. LuRdregag
Secretary
JON of 10 M 10 7
e7.1
744-6900
JUNE 6, 1978
DECISION ON PETITION SUBMITTED BY SALE__'!T - 1�� L)FEV Ll' 41 (Y-,14'NMR 01:
A t �a 91
PROPERTY LOCATED Oq,FEDERAL STREET (DESICN,�,[I:D AS PARcEL RC-JD)
A hearing on this petition was held on Tuesday, June 6, 1978, with the following
members of the Board present: Jane Lundregan, Donald Euries, Douglas Hopper and James
Boulger. Notices were sent to abutters and others in accordance with Mass- General
Laws, Chapter 808. The notice of hearing was duly published in the Salem Evening News
advising the public of said hearing.
The Petitioner was represented by Atty. George P. Vallis, One Church Street, Salem,
t�?ass. The Developer for the site in question is George Aulson who is the owner of
the fire station building on the adjacent property. He would like to build a three
level structure for commercial, office and residential use which is to be located behind
the fire station building, known as parcel RG 1D. A variance is needed from the parking
requirements since the proposed use for the building cannot meet the parking requiTosents.
The Board voted unanimously to grant the variance requested with the condition that
the landlord shall provide adequate off street parking spaces for the tenants since
such space cannot be otherwise provided for on the property in question.
The Board found that the granting of the variance would not be detrimental to the
surrounding neighborhood, would not derogate from the Salem Zoning By-law and would be
the best use for the property in question.
VARIANCE GRANTED WITH CONDITION NOTED ABOVE
APPEAL FROM THIS DECISION, IF ANY, SIA11, BE MME PURSUANT TO SECTION 17 OF 717HE MASS. GEN.
LAWS, CHAPTER SOS, 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 SOS, SECTION 11, THE VARIANCE OR SPECIAL PERMIT
GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEARING CERTIFICA-
TION OF THE CITY CLERK THAT 20 DAYS HAIT, ELAPSED AND NO APPEiV, HAS BEEN FILED 01),
IF SUCH AN APPEAL HAS BEEN FILED, THAT IT HAS BEEN DISMISSED OR DENIED IS RE-CORDED kNT)
NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
A COPY OF THIS DECISION HAS BEEN FILED WI'f`H 'n[E PLS%N`N'I N G BOARD AND THE CITY. CLERK.
BOARD OF APPEAL
_fane T. Lundregin
isecretaIN"
t,E1VE0
JUN 'J 17k
CIT} 6L 6r`XE
SALEM, HA
Paurb Vf Appeal 744-6900
JUNE 6, 1978
DECISION ON PETITION SUBMITTED BY S.AIE 1 RED$V LOPDIFrNL AUTHORITY, OWNER OF
PROPERTY LOCATED ON FEDERAL STREET (DESIGNATED AS PARCEL RC-1p)
a.
A hearing on this petition was held on Tuesday, June 6, 1978, with the following
members of the Board present: Jane Lundregan, Donald Eames, Douglas Hopper and James
Boulger. Notices were sent to abutters and others in accordance with Mass. General
Laws, Chapter 808. The notice of hearing was duly published in the Salem Evening News
advising the public of said hearing.
The Petitioner was represented by Atty. George P. Vallis, One Church Street, Salem,
Mass. The Developer for the site in question is George Aulson who is the owner of
the fire station building on the adjacent property. He would like to build a three
level structure for commercial, office and residential use which is to be located behind
the fire station building, known as parcel RC-11). A variance is needed from the parking
requirements since the proposed use for the building cannot meet the parking requirements.
The Board voted unanimously to grant the variance requested with the condition that
the landlord shall provide adequate off street parking spaces for the tenants since
such space cannot be otherwise provided for on the property in question.
The Board found that the granting of the variance would not be detrimental to the
surrounding neighborhood, would not derogate from the Salem Zoning By-law and would be
the best use for the property in question.
VARIANCE GRANTED 1^LITH CONDITION NOTED ABOVE ************
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
GRkNTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEARING 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 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'ane T. Lundregan
:-Secretary
i
�26
'J Poatb o '�kppvd 744-6900
� 9
SEPTEMBER 12, 1978
DECISION ON PETITION SUBMITTED BY ROBERT A. LEDOUX, TRUSTEE OF 49 FEDERAL
STREET TRUST, CONCERNING PROPERTY LOCATED AT 49 FEDERAL STREET (Owned by
John F. and Alice M. Greene) LOCATED WITHIN AYR-3 DISTRICT
A hearing.on this-petition was held on September 12; 1978. Notices were mailed
postpaid to the Petitioners, abutters and others and the notice of hearing was duly
advertised in the Salem Evening Nei-is on August 25 and September 1, 1978 in accordance
with Mass General Laws, Chapter 808. -
The following members of the Board were present for the hearing: Jane T. Lundregan,
Donald Eames, Arthur Labrecque and James Boulger. _
Atty. Robert Ledoux represented the Petitioners before the Board..
The building in question has for many years. been used as a funeral home which is
rot a permitted use in an R-3 Zone. The owners of the property are retiring. The
•Petitioners wish to use the building as ,law offices. . There are at present several.
buildings on Federal Street used as law offices. There will be parking spaces available
on the site.
The Petitioner noted that the practice of law does not require as many spaces as
would be required by a funeral home or medical offices. The Petitioner also argued
that a variance is substantiated by hardship in that, the home, as it stands, is not
presently adaptable for residential use. There would be no exterior urork performed
to the building. The only work to be done is to recarpet the second floor. There are
several.commercial properties in the area.
The Board voted to grantthe variance requested. The-Board found that the home is
not presently adaptable for residential use. The Board found that the proposed use of
the building as law offices would be a lessor use than that of a funeral home. There
would be less traffic, less parking spaces required. The Board found' that there-are
several law offices and other commercial establishments in the area-and that the granting
of the variance requested would be in no way detrimental to the surrounding neighborhood.
VARIANCE GRANTED xf <x
APPEAL FR91%1 THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17. OF THE. MASS.
GFNEML 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 PEP.NUT GRNNTED
• HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEARING THE CERTIFICATION OF
.THE CI17' 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 NAvE OF HE PRESENT OWNER OF RECORD OR IS
RECORDED AND NOTED ON THE OWNER'S CERTI FI CATE.OF 'TITLE.
A COPY OF. THIS DECISION HAS BEEN FILED WI'11I THE PLANK' INC BOARD AND THE CI i„CLERK.
0*1
�0 (gitu of "ial=, 1v o
P
• 'l '� 91 P=b of AFFVd hAi Ib
APRIL 25,1978 CITY 4Lt-A .'S ; BICE
SALEM, MASS.
DECISION ON THE PETITION SUBMITTED BY JAMES T. RONAN, TRUSTEE AND ALICE
ROGERS CONCERNING PROPERTY LOCATED AT 55-57 and 59 FEDERAL STREET
A hearing on this petition was held on March 28, 1978 with the following members
present: Donald Eames, Arthur Labrecque, Douglas Hopper and James Boulger. Notices
were sent to abutters and others in accordance with Mass. General Laws, Chapter 808.
At this hearing it was requested by the Board that the Petitioner come back to the
next meeting with a revised site plan and it was requested that the Petitioner review
the plans with the Planning Dept.
On April 25, 1978 the Board continued the hearing on the petition for a variance
with the following members present: Donald Eames, Arthur Labrecque, Douglas Hopper and .
James Boulger.
The Petitioner is requesting a variance to convert 55-57 Federal St. to nine law
offices over a period of time, 57 Federal St. would be converted immediately to three
• law offices, while 55 Federal St. would remain apartments as long as the present
tenants wish to remain there. The Petitioner is also requesting a variance to construct
a two story passageway connecting building at 55-57 Federal St. to building on 59
Federal St. The passageway would be utilized for storage in addition to providing egress.
59 Federal St. is presently used for six law offices and no changes are requested.
There is more than the required parking for tenants and offices.
The Petitioner presented a revised site plan.
A letter from the Planning Dept. stated that it was in favor of granting the variance.
The Board voted unanimously to grant a variance for the use of 55-57 Federal St.
for law offices and for the construction of a passageway between S5-57 Federal St. and
59 Federal St. in accordance with the revised site plan submitted. The Board found that
a variance could be granted without substantial detriment to the public good or substantial
derogation from the intent of the Salem Zoning By-laws.
VARIANCE GRANTED
APPEAL FRONT 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 NIASS. GENERAL LAWS, CHAPTER 808, SECTION 11, THE VARIANCE OR SPECIAL PERXIIT
SS-57 and 59 Federal St. �1Y lU 1. �f11T April 25, 1978
CITY i;Lc; iiFFICE
SALEM. MASS.
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.
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
BOARD OF APPEAL
Jane T. Ltindregaft
Secretary
•
•
JJPaurb of eAppd Ja 3j7
JANUARY 10, 1978 CIT'f u; FICE
SALEM. MASS.
DECISION ON THE PETITION OF HEALTH $ EDUCATION SERVICES INC. CONCERNING
PROPERTY LOCATED AT 162–FEDF 5MET—R-2 DIn'STRICT
A hearing on this petition was held on January 10, 1978 with the following Board
Members present: Jane Lundregan, Donald Eames, Arthur Labrecque, Douglas Hopper and James
Boulger. Notices were sent to abutters and others in accordance with Mass. Gen. Lai-is,
Chapter 808.
The Petitioner requested a variance in order to use the premises at 162 Federal St.
(R-2 District) as a guidance center serving Salem, Marblehead, Peabody, Danvers, Boxford,
Topsfield and Middleton.
Atty. Walter Costello represented the Petitioner before the Board. He noted that the
Petitioners had been granted a -variance on property, for a different piece of property on
Federal St. , but, since an appeal was taken by an abutter, they had to abandon plans to use
the property.
Since that time, the Petitioner made an offer to St. James Church to purchase the
property in question located at 162 Federal St. which had been previously used as a convent.
piece of property is not suitable for residential use but has been used by the Church
a convent. The Health F, Education Services, Inc. has been using the building over the
past five years and has had an excellent relationship with the neighbors. They are now
requesting a variance in order to purchase the building for said use.
No one appeared in opposition to the granting of the variance.
The Board voted to grant the variance requested with the condition that they have no
overnight in-patient lodging and that the property will be maintained at all times. The
Board felt that it could grant the variance requested because the property has been used
for the requested purpose over the past five years and is not suitable for residential
use. The Board found that the Petitioner has a good relationship with the surrounding
neighbors and abutters and therefore the variance could be granted without substantial
detriment to the surrounding neighborhood and without derogating from the intent of the
Salem Zoning By-law.
VARIANCE GRANTED (with conditions noted above) ***********
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS. GEN.
LAMS, CHAPTER 808, AND SHALL BE FILED WITHIN TSVENTY DAYS AFTER THE DOPE 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 PERINffT
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 ANT) NO APPEAL HAS BEEN FILED, OR THAT, IF
SWE AN APPEAL HAS BEEN FILED, THAT IT HAS BEEN DISMISSED OR DENIED, IS RECORUED IN THE
&'7i ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE Ot4;NER OF RECORD OR IS
RECORDED AND NOTED IN TETE OWNER'S CERTIFICATE OF TITLE.
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
_ /vane T'. Lunc reran f/ _
DEC It ►U 17 All '78
CITY CLErK'S OFFICE
SALEH. MASS.
Of Salem, � tttt�
AMENDANT
OCTOBER 26, 1978 DECISION
CONCERNING PROPERTY LOCATED AT 41-45 FORRESTER ST. OWNTED BY LILLIAN S. HILL
At a meeting of the Board of Appeal held on November 29,1978 with members
James Boulger, Douglas Hopper and John Nutting present, it was unanimously voted
to amendthe minutes of the meeting in order to correct the Decision concerning
property located at 41-45 Forrester St.
The Decision shall read as follows:
"A motion was made by James Boulger, seconded by Arthur Labrecque, that the.
variance be granted for the division of one parcel into tqo undersized parcels
of land at 41-45 Forrester St., one of which has parking for two cars in the garage
and parking must be provided for*on the second parcel. By roll call it was unani-
mously voted to grant the variance with the above noted conditions. Motion
carried.
*Correction
BOARD OF APPEAL
I' J
Te-neeT. Lundregan
ecretary
• f9itU of obttjemc, fflaS5arjjUSkf47. !I Oa JAM T
FILE
PMMb Of Appeal
OCTOBER 26, 197$ sUElI.NASS..
DECISION ON PETITION SUBMITTED BY LILLIAN S. HILL CONCERNING PROPERTY
LOCATED AT 41-45 FORRESTER STREET
A hearing on this petition was held on October 26, 1978 with the following members
of the Board present: Jane T. Lundregan, Donald Eames, Arthur Labrecque, Douglas Hopper,
James Boulger and Alternate Member, John Nutting. Notices were sent postpaid to abutters
and others and duly published in the Salem Evening News on October 12 and 19, 1978 in
accordance with Mass. General Laws, Chapter 808.
Atty. Robert S. Raymond represented the Petitioner before the Board. Mrs. Lillian
S. Hill is the owner of a parcel of land on which is situated two three storey structures
located at 41-45 Forrester St. Each building is used as two family residences. The
Petitioner wishes to sell one of the structures and therefore would like to divide the
buildings into two separate parcels each with a structure on it. The Petitioner requests
a variance to allow the creation of two undersized lots. The Petitioner noted that the
lot would be comparable in size, if not larger than, those in the immediate area.
The Petitioner further noted that the property as such is not marketable in that most
• purchasers do not wish to purchase .two structures at once. . Therefore, if a.variance is
denied, it would cause substantial hardship and the market value on the property would be
greatly diminished. The neighborhood itself will not be disturbed and there would be
no additional burden on the property and no structural changes would take place.
The Board voted to grant the variance requested, to wit; that the variance be granted
for the division of one parcel into two undersized parcels of land at 41-45 Forrester
St. , one of which has parking for two cars in a garage, and parking must be provided for
the second parcel. The Board found that to deny the variance requested would cause sub-
stantial hardship to the Petitioner. The Board felt that the granting of the variance
would in no way be detrimental to the surrounding neighborhood in that nothing will be
disturbed in the neighborhood. The Board found that it could grant the petition without
derogating from the Salem Zoning Ordinance.
VARIANCE GRANTED
Gr .-..a.. ' - A'I.7
CF S ' : Th rrl�e OF Ir Cif ^'En ane L regan, S ret
G.. , r _ _J �1I FF'_,-_ UNTIL A .-i C -,,;-
FI .! CLE. Ti'... J .. 11"'r - .t r.;r_ ' N >
C . T AP Pt'I T11AT TO Ci
)'i -CK oJ..E?'D 1.... -.iE _ i...�.
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK'S OFFICE.
ii=^ Ep
SEF i 7 52 t a
CITY L",__
• ;�' ys g SALEA, HASS, Womb of �ppzttl 744-6900
�w art
AUGUST 31, 1978
DECISION ON THE PETITION SUBM[TTED BY PAUL KOSTOPOULOS, FOR MICHAEL'S TRIM
CO. INC. CONTCERNING PROPERTY LOCATED-AT 57 GROVE ST. (Owner Henkel, Inc.) - -- -
LOCATED IN AN R-2 RESIDENTIAL DISTRICT
A hearing o. this petition wa held on August 31, 1978 with members Jane T.
Lundregan, Douglas Hopper, Arthur Labrecque and James Boulger present. Notices
were sent to abutters and others and duly published in the Salem Evening News in
accordance with Mass. General Laws, Chapter 808.
Mr. Paul Kostopoulos is requesting a Special Per,-.it to change the use of a
non-conforming industrial building located at 57 Grove Street (R-2 District) to
another non-conforming use, and a variance on the southerly sideline in order to
add a loading platform which would be 1.5 ft. from the property. line. Atty.
Harry Ankeles, 27 Lowell Street, Peabody, Mass. represented the Petitioner stat-
ing, the property located at 57 Grove St. was used formerly by a chemical. plant,
Pohl Chemical Co. which has since moved its operation to New Jersey and before
• that the property was occupied by Walnut Leather Finishers. The Petitioner wishes
to operate a trimming leather business on this site. It is a dry type operation
and no chemicals will be used. The Petitioner stated that the operation is free
of odor and no chemicals will go into the sewage system. The material will be
received on pallets and shipped out again after trimming. The business will employ
nine employees at the start and possibly reach fifteen at a later date. Two trucks
will be used by the company on a daily basis and there will. be traffic in and out
of the property totalling one hour a day. There is ample parking on the site.
There is a natural barrier between the building and the residential area.
Although the locus is within an R-2 Zone, there are several business in the area
and abutting the site.
The Petitioner is also requesting a variance from the sideline requirements in
order to construct a ramp 20 £t. x 4 ft. high to serve the building.
The Board voted to grant the Special Permit and Variance requested with the
condition that the property will be used for trimming the leather splits only;
the parking area will be paved; no chemicals of any sort will enter the sewage
system; and the property will be kept clean at all times.
The Board found that the Special Permit requested would not be detrimental
to the surrounding neighborhood. The Board found that the proposed use as a
leather trimming factory is equally appropriate or more appropriate to the area
- - SEP 52 PH T
CITY CLEiu`%'S OFFICE
DECISION - PAUL KOSTOPOULOS, 57 GROVE ST. SALEM, MASS.
• AUGUST 31, 1978 Page 2
. than the former use of the building as a chemical company.
The Board also found that the building in question is an old building
that is suitable for industrial use only and not suitable to be used for resi
dential purposes.
The Board found that to deny the variance requested for a ramp of 1.5 ft.
from the property line would cause a hardship to the Petitioner. The ramp will
be away from the residential area and will in no way encroach on theabuttingresidential zone.
SPECIAL PERMIT GRANTED FOR A THREE YEAR PERIOD AT IVHICH TIDE THE PERMIT MAY BE RENEWED
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 GEN. LAWS CHAPTER 808, SECTION 11, THE VARIANCE OR SPECIAL.PERMIT
• CERTIFICATION ONTED NOFSTHELNOT TAKE CITY CLERKETHATrUNTIL A COPY OF THE 20 DAYS HAVE ELAPSED ANDISIN, BEARING NOOAPPEAL HAS BEEN
FILED OR THAT, IF SUCH AN APPEAL HAS BEEN FILED, THAT IT HAS BEEN DISMISSED OR DENIED
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
/G
ane T. Lundregan
Secretary
�1 `n 37
JJ'i lc Pil 7i1
" : J �3Cc` rb of �p Pal 744-6900
JUNE 6, 1978
DECISION ON THE PETITION OF CHESTER F, JOHN DEFANSKI, 011)NERS OF PROPERTY
LOCATED AT 24z HARDY STREET LOCATED IN AN R-2 DISTRICT
A hearing on this petition was held on Tuesday, June 6, 1978, with the following
members of the Board present: Jane Lundregan, Donald Eames, Douglas Hopper and James
Boulger. Notices were sent to abutters and others in accordance with 'Mass. General
Laws, Chapter 808. The notice of hearing was duly published in the Salem Evening News
advising the public of said hearing.
The Petitioner represented himself before the Board. The house, located at
24%2 Hardy Street presently has two apartments, one on the first floor and one on the
second floor, and a studio apartment on the third floor. . The house has been used as
a two family house for a number of years. The Petitioner claims that there is parking
available for five vehicles and that there is access available from both Hardy St.
and Daniel St. Ct. The Petitioner wishes to use the third floor apartment and to rent
out the other two apartments.
The Board voted to deny the Special Permit requested. The Board noted that the
area surrounding the property in question is plagued with traffic and parking problems
• and has become increasingly congested over the last few years. The Board has turned
down several requests for additional apartments in the area and finds that it cannot
grant the Special Permit requested without detriment to the surrounding neighborhood or
without derogating from the intent of the Salem- Zoning By-law.
SPECIAL PERNUT 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.
BOARD OF APPEAL
l�,i
1T.�L,undre'gan"�!�2,•y
retary
s r o urb of Apyzal 5ALM HAS$.
�LLtt�4� -
OCT. 26, 1978
ANIENMENT
TO THE DECISION ON PETITION SUBMITTED BY ROBERT JUDITH ARMSTRONG CONCERNING
PROPERTY LOCATED AT 11 HERSEY STREET
At a meeting of the Board of the Appeal held on November 29, 1978 with members
James Boulger, Douglas Hopper and John Nutting present, it was unanimously voted to
amend the minutes of the meeting in order to correct an omission in the Board's
Decision concerning property located at 11 Hersey Street.
A motion was duly made by James Boulger and duly seconded, and unanimously voted
to amend the Decision to include the condition that the property would revert back to
a two family duelling, should the present oi,mer sell the property located at 11 Hersey St.
BOARD OF APPEAL
i
LJane T. Lundregan
Secretary.
o:Y -
� cy
�m
j
JJ
U F..
W
1� f1
0
39.
Cite of �tt�m, tzssttcl�u�ef��
a s Poxrb of Mral 11o7 16 12 37 PM 172
OCTOBER 26, 1978 FN,E
CITY CLE:sN.SAL D4,14ASS.
DECISION ON PETITION SUBMITTED BY ROBERT $ JUDITH ARMSTRONG CONCERNING PROPERTY
LOCATED AT 11 HERSEY STREET LOCATED WITHIN AN R-2 DISTRICT
A hearing on this petition was held. on October 26, 1978 with the following members
of the Board present: Jane T. Lundregan, Donald Eames, Arthur Labrecque, Douglas Hopper,
James Boulger and Alternate Member, John Nutting. Notices were sent postpaid to abutters
and others and duly published in the Salem Evening News on October 12, and October 19, 1978
in accordance with Mass. General Laws, Chapter 808.
The Petitioner represented himself before the Board. He is requesting a Special Permit
for the dwelling at 11 Hersey St. for the use of the building as a three family dwelling
in an R-2 District.
The building was purchased by Mr. Armstrong as a three family dwelling and has been
assessed by the City of Salem as such for over seven years. However, it has been shown
that it is not a legal three family dwelling at present and there are only two stairways
as a means of egress. The premises has parking for six or more cars and would not cause
a traffic problem.
OThe Board voted to grant the Special Permit requested. The Board noted that it
had been used as a three family dwelling and there has been no complaint from the neigh-
borhood and no problems with traffic in the area.
The Board granted the Special Permit on condition that it will terminate with the
future sale of the property. The Board found that a Special Permit would in no way
derogate from the intent of the Salem Zoning Ordinance.
SPECIAL PERMIT GRANTED WITH CONDITIONS **xx*****
FPPFkI FRO71 THIS " f .F ANY. SHALL 6E ,1FOE r'JPSJA''r TO SECT'C'v 17 CF THE MASS. r
GENERAL LAVfS. w: PT-'-.R
AND SHALL 3E FILED O.NTHIN20 MiS AFTER THE DATE fr IL,%C Jane T. LUndregan /
OF THIS DECI 10rT II THE F r'E Of THE CITY CLERK,.
FURSAYT TO ',^SS. ^- v2;. _r-^S CHAPTER 8J8, SECT13;1 11, THE V'?IANCE OR SPMA! Pr^..:IT ''� Secretary
CRANT.'D h[t;E1,1, V,:�E {F7SCT UNTIL A COPY OF Tu-::cCl_ 1. EEi'.2.Di C°RL
FIC.AT'ON OF THL ;:AY 20 EATS HA,` EL.RPSEO A'i0 NO, FPP_+.. HAS S,H7FiL_J,
OR T:IAT IF 5,,, , f,, r.P E?' t 5 d_EN FILE. THAT IT H.- 'EN C.S J_70 r,R n S;EJ IS
P,ECC^. C I,, ESCEY R[; UISiRY
OF EECGRD OR IS RCi"ruED AND NGIED ON r.. OV81-R'S CES r -.,:.. iL=
5.: ..':ii uF 4ii'CAL -
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING DEPT. AND CITY CLERK'S OFFICE
•
Citv of
*Correction. on the P=b Of c4Fvd JAn 3 i + 37 M 'Za
spelling of Joseph JANUARY 10, 1978 CIIY yrr{CE .
A. Finocchio SALEM04ASS.
DECISION ON THE PETITION OF JOSEPH A�*FINOCCHIO (SALEM SIM CO. , CONCERNING
PROPERTY LOCATED AT 230 HZ AVENUE, SALEM, MASS.
A hearing on this petition was held on January 10, 1978 with the following Board
Members present: Jane Lundregan, Donald Eames, Arthur Labrecque, Douglas Hopper and
James Boulger. Notices were sent to abutters and others in accordance with Mass. Gen.
Laws. Chapter 808.
Salem Sign Co: .is requesting a special Permit to extend a non-conforming structure
twenty-one by forty-five feet and one foot from the southwesterly property line at
230 Highland Ave;
Atty. John Serafini represented the Petitioner before the Board requesting a
Special Permit to extend the non-conforming sideline one foot in order to construct an
addition to the existing structure so that the business would be operated more efficiently.
No one appeared in opposition to the granting of the Special Permit.
The Board voted unanimously to grant the Special Permit requested, to wit, to allow
for' the construction of the 21 ft. x 45 ft. addition to the rear of the existing
`gilding at 230 Highland Ave.
The Board found that it could grant the Special Permit requested without derogating
from the intent of the Salem Zoning.Ordinance or without detriment to 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 TWENTY DAYS AFTER THE DATE OF.FILING OF THIS .
DECISION IN THE OFFICE OF THE CITY. CLERK.
PURSUANT TO MASS. GIN. LAWS, CHAPTER 808, SECTION il, THE VARIANCE, OR SPECIAL PERMIT
GRANTED HEREIN, SHALL NOT TAKE. EFFECT UNTIL A COPY OF THE DECISION, BEARING THE CERTIFICA-
TIONN 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.
ane T. Lun regan
Secretary
�•�h91�., �l/���Y
qqY c s FIS' F
PIIHT?t of MPtij
L_�tn.SA'
744-6900 CITY 6MAY 9, 1978
DECISION ON THE PETITION OF WAMj_Q_AUF CQEP_ CONCERNING PROPERTY LOCATED
AT 488 HIGHLAND AVE. (OWNER, CAMP LION INC.)
A hearing on this petition was held on Tuesday, May 9, 1978, at 7:00 P.M. at
One Salem Green. Notices were mailed to abutters and others in accordance with Mass.
General Laws, Chapter 808. Notice of the hearing was duly published in the Salem
Evening News advising the public of said hearing.
The following Board Members were present: Donald Eames, Arthur Labrecque, William
Abbott, Jane Lundregan, James Boulger and Associate Member Douglas Hopper.
Atty. Donald Koleman, 328 Essex St. , Salem, represented the Petitioners before the
Board. The Petitioner is requesting a Special Permit in order to place a 100 ft. tower,
in violation of the Zoning Ordinance due to height, on property located at 488 Highland
Avenue. Warner Cable Corp. has obtained all the necessary licenses to date in order to
operate a cable television system in the City of Salem. Warner has a contract with
the City of Salem, passed by the City Council, signed by the Mayor, for said operation.
•. The Warner Cable Corp. is requesting permission to erect a 100 ft. tower about eighty
feet behind the abutting department store and SO/60 feet from Highland Ave. Research
has been made to find the best transmitting station and one that would be in an area
unobtrusive to the City.
The Board voted to grant the Special Permit requested with the following conditions:
1. No transmitting of signals by the air way;
2. They will erect a 100 foot tower only;
3. This permit is granted to Warner Cable Corp. only;
4. The Special Permit will terminate if they go out of business or sell the system
to another firm;
S. The tower will be painted and kept clean at all times.
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-law.
SPECIAL PERMIT GRANTED WITH CONDITIONS NOTED ABOVE ***x*x**x***
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.
� J
Warner Cable Corp. May 9, 1978
488 Highland Ave. -2-
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 SOUIH ESSEX REGISTRY OF DEEDS AND INDEXED 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.
BOARD OF APPEAL
da e T. Li ndregan /
Secretary
Ctg of '$ttlrm, assacjus$tts
s Pv=b of Ayptzd V01,' 16 12 37 PM 978
OCTOBER 26, 1978 FILE;;
CITY SLE:Y.. SALEM,MASS.
DECISION ON PETITION SUBMITTED BY VINCENT R. KUDIRKA FOR U-HAUL CO. OF BOSTON, INC.
CONCERNING PROPERTY LOCATED AT 43 JEFFERSON AVE. (OWNER, ENON ENTERPRISES, INC; J. J.
BURSAW OIL CORPORATION) LOCATED IN AN INDUSTRIAL DISTRICT
A hearing on this petition was held on October 26, 1978 with the following members
of the Board present: Jane T. Lundregan, Donald Eames, Arthur Labrecque, Douglas Hopper,
James Boulger and Alternate Member, John Nutting. Notices were sent postpaid to abutters
and others and duly published in the Salem Evening News on October 12 and 19, 1978 in
accordance with Mass. General Laws, Chapter 808.
The Petitioner, Vincent R. Kudirka, Pres. of U-Haul Co. of Boston, Inc. is seeking a
Special Permit to use the premises. at 43 Jefferson Ave. for the rental of U-Haul trucks
and trailers and other related equipment; outside storage of U-Haul trucks and trailers
and related equipment; retail sale of related equipment; installation of hitches; minor
repair and maintenance of U-Haul trucks and trailers; underground storage and sale of
gasoline and lubricating oil; temporary storage and warehousing of customer goods.
Atty. J. Fitzgibbon, 543 Washington St. , Brookline, represented the Petition before the
Board. Mr. Fitzgibbon advised the Board that the existing building will be used for an office
and the rear building will be used for storage purposes. They will have possibly 22 to 25
•
trucks and trailers on the property at one time. The Petitioner stated that the proposed
operation will reduce the use of the property and since they will be removing the old under-
ground tanks, they feel they will be moving a danger from the neighborhood. New gas tanks
will be installed but they will be approximately 120 feet away from any vehicle. The
Petitioner stated that the business hours will be from 7:00 A.M. to 8:30 P.M.
The Board voted unanimously to grant the Special Permit requested with the following
restrictions: 1) fuel tanks will be underground; 2) the Special Permit will be in force
for this owner only; 3) the Petitioner will consult with the City Engineer in regard to
the drainage system and necessary lighting; 4) the gas supply will be for in-house use only.
The Board also voted that a Special Permit is conditional to the approval of the Salem
Planning Board and City Engineer in regard to Section VII of the Wetland requirements in the
Zoning Ordinance in regard to paving, drainage, installation of underground tanks and flood
insurance. The Board felt that it could grant the Special Permit requested without detriment
to the surrounding neighborhood. The Board noted that the neighborhood is Industrial in
character and the proposed use would be in keeping with the industrial use.
APPEAL E OPd :
THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF TF f::ASS. �—!
_EijERAL LAWS CHAPfER 808, ALD SHALL BE FILED V11THIN 20 DAYS AFTER THE DISE CC Fi LIiiC
.F THIS DECISION IN THE OFFICE OF THE CITY CLERK. Jane T. Lun regan, Se retard
I'U"SANT TO t'ASS. GENERAL LAWS, CHAPTER 809. SECTION 11, THE VARIANCE OR SPECIAL PER,IiT
:RANFED HEREIN,. ;HALL NOT TV.E EFFECT UNTIL A COPY OF THE DECISION. BEAR`NC THE C''RT-
ICAIION OF 'THE CITY CLERK THT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED,
THAT. IF SUCH AN APPEAL Ht5 BEEN FILE. THAT IT HAS BEEN, DISMISSED OR DENIED IS -
RDEO IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NA`1E OF THE OWNERIi 'ECOR:
TRU of 5ttlem, -`fnsear egf e P
A
AMENUN ENT
OCTOBER 26, 1978 DECISION
CONCERNING PROPERTY LOCATED AT 43 JEFFERSON AVENUE, FOR PETITION SUBMITTED
BY VINCENT R. KUDIRKA FOR U-HAUL CO. OF BOSTON
At a meeting of the Board of Appeal held on November 29, 1978 with
members James Boulger, Douglas Hopper and John Nutting present, it was unanimously
voted to amend the minutes of the meeting in order to correct the Decision con-
cerning property located at 43 Jefferson Avenue.
The Decision shall be amended to include condition #5 that the Petitioner
shall hot-top the area from the sidewalk line to the face of the garage building
for the full width of the lot.
The Decision shall also include the requirement relative to Section VII,
Supplementary Regulations, Wetlands & Flood Hazard Districts;of the Salem
Zoning Ordinance which reads as follows: "The construction of a structure below
the base flood level increases risks to life and property and will result in .
increased premium rates for flood insurance up to amounts as high as $25 for
• $100 of insurance coverage."
BOARD OF APPEAL
,(Jane T. Lundregan
Secretary
oow;
CS,
4. .
> LA
U .-.
LJ
- r v9
U �
J W
. �iiu of "Satem,
MAY ,i i I FH '78
APRIL 2S, 1978 CITY O'rFiCE
SAIEH. HASS.
DECISION ON THE PETITION SUBMITTED BY HENRY H. JALBERT. CONCERNING PROPERTY
LOCATED AT 399 JEFFERSON AVENUE IN AN R-1 DISTRICT
A hearing on this petition was held April 2S, 1978 with the following members
present: Donald Eames, Jane Lundregan, Arthur Labrecque, William Abbott, James Boulger
and Associate Member Douglas Hopper. 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
convert the attic space-in the home located in an R-1 District into a third floor
apartment. This would be the third apartment in the building. The Petitioner stated
that he would like to have the additional apartment for his son. He noted that there
are other two and three family buildings in the area. There was no parking plan sub-
mitted with the variance requested.
A letter was read from the Planning Board recommending the Board deny the request.
The Board voted to deny the variance requested. The Board found that the Petitioner
did not provide proof of hardship to support the granting of the variance. The Board
. also found that the added congestion in the neighborhood would be detrimental.
VARIANCE DENIED xxxxrzss ;
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF MOSS. GEN.
LAWS, 01-kPTER 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, R 808, SECTION 11, ICE OR SPECIAL PERM
GRANTED HEREIN, SHALL NOT EFFECT UNTIL A COPY OF DECISION, BEARING THE CERTIFI-
CATION OF THE CITY C THAT 20 DAYS HAVE ELAP ND NO APPEAL HAS BEEN FILED, OR THAT,
IF SUCH AN AP HAS BEEN FILED, .THAT IT EEN DISNQSSED OR DENIED IS RECORDED IN
THE SOUTH SEX REGISTRY OF DEEDS EXED UNDER THE NAME OF THE OWNER OF RECORD OR
IS ED AND NOTED ON THE OW CERTIFICATE OF TITLE.
BOARD OF APPEAL
—' i�,^�./Vii.�i�✓,
Jane T. Lundregan
Secretary
`7 .
situ ofttlei;s, xtl�rz
29=b of �PFa f i ; 3b Pti '1$
a
JANUARY 10, 1978CITY C_ ;.:; S yr-FICE
SALEM. MASS.
DECISION ON THE PETITION OF (F.OR9 F, ROBERT MIQZMB C01\'CERNING PROPERTY
LOCATED AT._11_.13 KOS .IUSKO ,S,t. LOCATED IN AN R-2 DISTRICT
A hearing on this petition was held.on January 10; 1978 with the following Board
Members present: Jane Lundregan, Donald Eames, Arthur Labrecque, Douglas Hopper and
James Boulger. Notices were sent to abutters and others in accordance with Mass. Gen
Laws, Chapter 808.
The Petitioners are requesting a Special Permit to divide the premises at 11-13
i
Kosciusko St. in an R-2 District into three apartments and provide off street parking for
the use of the tenants.
Atty. George P. Vallis represented the Petitioners before the Board. The Petitioners
requested a Special Permit in order to use the property in an R-2 District as a three
or four family dwelling. The dwelling at one time had been used as a four family
dwelling but a question had arisen as to whether or not such use had been abandoned by
the Petitioners. The house in question is a twenty-room house and the Petitioners stated
that it would be impossible to make two ten room. apartments and be able to rent them.
� The Petitioners submitted a letter from Mr. Walter Conway advising the owners of
e property that he would guarantee two parking spaces on Daniels St. for the use. of
the tenants at 11-13 Kosciusko St. There are three parking spaces provided on the premises
which makes the total required parking spaces, five spaces in all.
Some of the abutters appeared in opposition to the granting of the Special Permit
on the grounds that there is almost no parking and the streets are congested.
The Board voted to grant the Special Permit for three family use with the conditions
that a minimum of five parking spaces be provided, off street if necessary, and said
condition is to be so stipulated in the lease that is to be provided to the tenant. The
Special Permit will cease for the present and owner and future owners of said premises if
said parking is not provided. The Board found that it could grant the Special Permit re-
quested with the necessary conditions without substantial detriment to the surrounding
neighborhood. The Board found that to not allow the Special Permit requested would
encourage abandonment of the building and create a fire hazard and that it was best for
the neighborhood to allow for the use of the building as a three family dwelling.
SPECIAL PERMIT GRANTED WITH CONDITIONS ************
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 TIS DATE OF FILING OF THIS
DECISION IN THE OFFICE OF THE CITY CLERK.
PURSUANT TO MASS. GIN. LAWS, CHAPTER 808, SECTION 11, TFE 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,
SU(Ti AN APPEAL HAS BEEN FILED, THAT IT HAS BEEN DISMISSED OR DENIED, IS RECORDED IN
LHE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAMF. 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 BOARDKD THE CITY CLERK.
/Jane T. Landreean. Secretary
uci 30 i 03 PN N
CITY CLL -:n"' OirICL
SALEM HASS. UCi 30 IN, 178
t (gitV of ajjeM, gIS$FIC Y E $SALEM. HASSfiCE
• a
�. uxr3 of Mud
s�
SEPTEMBER 26, 1978
DECISION ON THE PETITION SUBMITTED BY DOROTHY DUNNE CONCERNING THE
PROPERTY LOCATED AT 253 LAFAYETTE STREET
(R-3 DISTRICT)
A hearing on this petition was held on September 26, 1978 with members Jane
T. Lundregan, Douglas Hopper, Arthur Labrecque and James Boulger present. Notices
were sent postpaid to abutters and others and duly published in the Salem Evening
News on September 11 and 18, 1978 in accordance with Mass. Gen. Laws, Chapter 808.
Atty. Robert Healey, 4 Federal Ct. , Salem, represented the Petitioner before
the Board. The Petitioner is requesting a variance to allow a home presently being
used for residential purposes to be converted into a medical office building. The
office contemplated is one by Dr. Robert Mignone and will be comprised of three
psychiatrist and two secretaries. The Petitioner stated the house was built in 1900
with steel girders which makes it difficult for any plumbing work to be done at any
reasonable cost and this makes it hard to convert the property for multi-family use,
which is an allowed use in this zone.
The Petitioner further stated that it has been hard to sell the home as residential
property because of the high taxes and the size of the house.
• The Board voted to deny the variance requested. The Board found that there was
no specific hardship to this particular piece of property that would support the request.
The Board found that the property could be used for residential or multi-family use.
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.
BOARD OF APPEAL
n � �
Jane T.Lundregan
Secretary
•
.T
R=', F!V E 0
MAYl u PH '78
APRIL .25, 1978
CITY GL.Af.VS OFFICE
SALEM.HASS.
DECISION ON THE PETITION SUBMITTED BY ROBERT M. S1-[EA_ CONCERNING
PROPERTY LOCATED AT 12 LARKIN Li ,aNE LOCATED IN AN R-1 DISTRICT
A hearing on this petition was held on April 25, 1978 with the following
members present: Donald Eames, Jane Lundregan, Arthur Labrecque, William
Abbott, James Boulger and Associate Member Douglas Hooper. Notices were
sent to abutters and others in accordance with Mass. General Laws, Chapter 808.
The Petitioner represented himself before the Board. He wishes to add
a single room .to his existing house. One point of the proposed room is 16*
from the rear property line and therefore the Petitioner requests a variance
from the rear lot line requirements of 30 ft.
One corner of the addition will leave less than the required 30 ft.
setback.
The Board voted unanimously to grant the variance rec_uested. The Board.
found that to deny the request for a variance would cause substantial hard-
ship to the Petitioner, because of his limited space and limited growing room.
The Board found that it could grant the variance requested without sub-
stantial 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 20 DAIS AFTER
THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSUANT TO MASS. GENERAL LAWS, OIAPTER 808, SECTION 11, THE VARI�vCE OR
SPECIAL PERMIT GRANTED HLREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE
DECISION, BEARING THE CERTIFICATION OF THE CITY CLERIC THAT 20 DAYS HAVE
ELAPSED AND NO APPEAL HAS BEEN FIL-ED, 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 ThS OSTNER OF RECORD OR IS
RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
A COPT OF THIS DECISION HAS BEEN FILED WITH THE PL=ANNING BOARD AND THE CITY
CLERK.
BOARD OF APPEAL
Jane T. Lundregan /.
iSecretary
�� aar3 of fait 3 i i 3 r PH 18
a � JANUARY 10, 1978
C17�SALEN.MASS.
DECISION ON THE PETITION OF KENNETH B. WESTON, pONCERNING
PROPERTY
LOCATED AT 14A
LE CH STREET, R-2 DISTRICT
A hearing on this petition was held on January 10, 1978 with the
following Board Members present: Jane Lundregan, Donald Eames, Arthur
Labrecque, Douglas Hopper and James Boulger.
Notices were sent to abutters and others in accordance with Mass. General
Laws, Chapter 808.
The Petitioner represented himself before the Board stating that the
f�
work to be done would be repair work on entertainment equipment, stereos, car P
radios, CB radios and tape decks. The work would be done in the basement at
14 Leach Street and would not interfere with the neighbors equipment.
He stated that the business would not create additional traffic since !
he would be going after the sets and bring them back to the shop for repairs.
I
The residence at 14 Leach Street is presently nonconforming as to the
• parking requirements.
No one appeared in opposition to the granting of the Special Permit
requested.
The Board voted unanimously to grant the Special Permit requested with
the following conditions: 1) the Special Permit will cease with tenancy; 2)
the operation will not interfere with the neighbors equipment; 3) no repair 1
work will be done on cars within the residential area n
e o the street. .
i
The Board felt that these conditions would 'ensure the fact that the
Special Permit could be granted without a detrimental affect on the neighbor-
hood.
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 TWENTY 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, BEAR-
ING 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 DIS-
MISSED 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 OWNERVS
CERTIFICATE OF TITLE.
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
BQ` D OF APPEA
i
ce T.
J ne T, Lu��`
RE GE
i 26
7 . e4Tl �' : , u uFf�� .rY$ ffi �tlPIYY� �2S � tlis �
s
4ALE 1s 0!1`�`�.
• F pimb, of LAPP744-6900
SEPTEMBER 12, 1978
PETITION SUBMITTED BY PETER KOUIRAKIS CONCENNG PROPERTY LOCATED AT
72-74 LEACH STREET - B-1 DISTRICT
A hearing on this petition was held on September 12, 1978. Notices were
mailed postpaid to the Petitioners, abutters and others and the notice of hearing
was duly advertised in the Salem Evening News on August 25 and September 1, 1978
in accordance with Mass. General Laws Chapter 808.
The following members of the Board were present for the hearing: Jane T'. L+andregan,
Donald Eames, Arthur Labrecque and James Boulg er.
Atty. Phillip Moran, 89 Broad St. , Lynn, represented the Petitioner before the
Board.
The building in question has been used as a three family dwelling and grocery
store since its erection. The Petitioner is in the process of selling the building.
The Attorney for the buyer is requiring he be given a letter from the Building Inspector
or a variance be secured from the Board of Appeal indicating that the building is a
• valid three family dwelling and grocery store. A 'letter from the Assessor's office
confirmed that the building has been assessed as a three family dwelling, store and
garage. Polk's Directory for 1930 and subsequent Directories indicate that it is
a three family dwelling and groceiystore use.
The prior owner submitted an affidavit indicating that it was a three family dwelling
and store at the time that she and her late husband acquired the property.
The Zoning Ordinance for B-1 Zone allows for multi-family dwelling and also allows
for grocezystores. _
The Board voted unanimously to grant the variance requested. fThe Board found that
the building has been used as a three family dwelling and grocery store for a number
of years and that to deny the Petition requested would cause substantial hardship-to
the Petitioner in that the building was built for this purpose and would be hard--to
convert into a purely residential building:
VARIANCE GRANTED ***x=***x*s
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE 11A SS. GET.
LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE D47E OF FILING OF`THIS
DECISION INTHEOFFICE OF THE CITY CLERK.
PURSUANT TO MSS. GEN. ,LAWS, CHAPTER 808, SECTION 11, THE VARIANCE OR SPECIAL PEPINUT
GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEARING CERTIFICATION
. OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAISHAVE 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 NEV-IE OF THE OWNTR OF RECORD OR IS
RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANWINC BOARD AND 9E CITY CLEM<
_ Ce�,�w aye/
Jane T Lundre an, Secr 4Ar r e
aE
x
Patxr$ of '�ppPttl cly :;; I.tEM.Mass.
744-6900
MAY 9, 1978
DECISION ON THE PETITION SUBMITTED BY IRVING €, PAULA PARKER CONCERNING PROPERTY
LOCATED AT 20 NAPLES ROAD LOCATED IN AN R-1 DISTRICT
A hearing on this petition was held on Tuesday, May 9, 1978 at 7:00 P.M. at One
Salem Green. Notices were mailed to abutters and others in accordance with Chapter 808.
Notice of the hearing was duly published in the Salem Evening News advising the public
of this hearing.
The following Board Members were present: Donald Eames, Arthur Labrecque, William
Abbott, Jane Lundregan, James Boulger and Associate Member, Douglas Hopper.
Atty. James Ronan, 59 Federal St. , Salem, represented the Petitioner before the
Board.
The Petitioners wish to enclose an existing patio over and underground garage. Said
addition would have less than the minimum side and rear setback requirements for an R-1
Zone. The Petitioner wishes to have the addition because they need additional room for
• a growing family.
The Board voted to deny the petition requested. The Board felt that it would be
detrimental to the surrounding neighborhood and would lower the property values of the
surrounding properties to allow said addition to be erected with less than the required
side line and setback requirements.
VARIANCE DENIED *********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.
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
BOARD OF APPEAL
/bane T. Lundregan
Secretary
•
' . Batu Sf gaLnn, � asmc1p ttz.
plarb of S ` 1111)) ////// .
��0414 eal
LOLL
MAY 9, 1978
DECISION ON TIE PETITION SUBMITTED BY PATER KgrrrR--an�La CQ CNINN G PROPERTY
LOCATED AT 121 NORTH STREET (OWNER, ANNA R8WI B-1 DISTRICT
PILE v
A hearing on this petition was held on Tuesday,c�kl�AI,9 yav4, at 7:00 P.M. at
One Salem Green. Notices were mailed to abutters and others in accordance with
Mass. General Laws, Chapter 808. Notice of the hearing was duly published in the
Salem Evening News advising the public of this hearing.
The following Board Members were present:Donald Eames, Arthur Labrecque, William
Abbott, Jane Lundregan, James Boulger and Associate Member Douglas Hopper.
Atty. Robert Ledoux represented the Petitioner before the Board. The Petitioner
stated that he wishes to use the property located at 121 North Street for a tackle
shop and for sale of other fishing equipment. The Petitioner noted that the Salem
Zoning Ordinance does not specify the use of a tackle shop as a permitted use in a
B-1 Zone. Therefore, the Petitioner is before the Board for a Special Permit.
The Board voted to grant the Special Permit requested with the following conditions:
1) No entrance allowed to the store from North Street; entrance will be from Leavitt
Court.
2) Extension of the non-conforming use will be for this purpose only for the Lessee.
The Board found that it could grant the Special Permit requested without detriment
to the surrounding neighborhood and without derogating from the intent of the Salem Zoning
By-law.
SPECIAL PERMIT GRANTED WITH CONDITIONS
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 TUE DATE OF FILING OF THIS
DECISION IN THE OFFICE OF THE CITY CLERK.
PURSUANT TO MASS. GEN. LAD'S, 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 TEIE 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 CLERIC.
BOARD OF APPEAL
e T. Lundregan
✓Secretary
'TICE
j ` sit phi. I S s1arb of Ar"2'A
OCTOBER 19, 1978
DECISION ON PETITION SUBMITTED BY ANGELO PRAMIS AND JANICE A. PRAMAS
CONCERNING PROPERTY LOCATED AT 27 NORTHEY STREET (R-2 DISTRICT)
A hearing on this petition was held on October 10, 1978 and continued on October
19, 1978. Notices were sent to abutters and others and duly published in the Salem
Evening News on September 25 and 29, 1978.
The following members of the Board were present for the hearing: Donald Eames,
Arthur Labrecque, Douglas Hopper and James Boulger. The Chairman appointed John Nutting
as a voting member for this meeting.
Atty. Mark Glovsky represented the Petitioner before the Board. The Petitioner
requests a variance in order to divide his property. The Petitioner would retain
6,900 sq. ft. (shown as Lot "A" on the plan) containing a residential structure and sell
the remainder (shmoi as Lot "B"), wntaining 9,214 sq. ft. to the abutter, General Mills
Fun Group. The Petitioner has not been able to maintain the vacant land and the cost
to do so would be considerable over a period of time.
Atty. John Serafini, representing General Mills, advised the Board that General
Mills has acquired the City's garage property and will occupy the premises as soon as
they can and that this parcel would become an integral part of their entire property.
They will maintain the land and clean it up in keeping with the property that they already
own..
The Board voted unanimously to approve the variance requested with the restriction
that the property to be owned by General Mills be maintained and kept in clean condition
by the General Mills Fun Group and that the dividing fence also be maintained.
The Board found that due to the uniqueness of the topography and size of the property,
the granting of the variance requested would be in no way de: (mental to the surrounding
neighborhood and would in no way derogate from the intent of the Salem Zoning By-law.
The Board found that to deny the petition requested would cause hardship to the Petitioner.
VARI.INCE GRAINIED (VITA RESTRICTIONS xr>rrs .
APPEAL FROM 114IS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF '111E MASS. GEN.
LAWS, CHAPTER 808, AND SHALL BE FILED IVITHIN 20 DAYS AFTER THE DATE OF FILING OF THIS
PETITIO`, IN TIME OFFICE OF THE CITY CLERK.
PURSUANT TO MASS. CFJN. LAWS, CHAPTER 808, SECTION 11, THE VARIANCE OP. SPECIAL PERMIT
GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF '1171E 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 13L'ENi DISMISSED OR DENIED IS RECORDED IN THE
SOURI ESSEX REGISTRY OF DEEDS AND INDEXED UNDER 111.E NAN7}: OF THE OVNTER OF RECORD OR IS
RECORDED AND NOTED ON 11-IE OWNER'S CERTIFICATE OF TITLE.
ane T. Lundregan
Secretary
(7
JUN 8C
1TrALEH,.HAS;$�f�E
5IIEtT JPttg 744-6900
JUNE 6, 1978
DECISION ON PETITION OF RICHARD W. AND ARNIIDA ST.PIERRE, OWNER OF PROPERTY .
LOCATED AT 1 OAK STREET-LOCATED IN AN R-2 DISTRICT
Hearing on the petition was held on Tuesday, June 6, 1978 with the following
members of the Board present: Jane Lundregan, Donald Eames, Douglas Hopper and
James Boulger. Notices were sent to abutters and others in accordance with Chapter
808. The notice of hearing was duly published in the Salem Evening News advising
the public of said hearing.
The Secretary read the petition submitted.
The Petitioner represented himself before the Board requesting a variance on
property located at 1 Oak Street in order to install a dormer on the second level of
the existing building as additional bedroom space for his growing family. The
addition would have an overhang of one foot which would leave less than the required
density requirements of 10 feet to the side line. The building is presently non-
conforming as to density.
The Board voted unanimously to grant the variance requested. The Board found
• that the addition of the dormer would be an asset to the property and would in no
way derogate from the intent of the Salem Zoning By-law or from the surrounding
neighborhood. The Board found that to deny the petition requested would cause hard-
ship to the petitioner.
VARIANCE GRANTED xxxs*rsx*r
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 71IE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSUANT TO MASS. GEN. LAWS, CHAPTER 808, SECTION 11, 'ME 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
1T LAT, 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 OIVNER'S CERTIFICATE OF TITLE.
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
BO.�RD OF APPEAL
ane T. Lundregan
„secretary
31a71��
Is GiTY C 5 uF 1.4€
� 4tl�� aba Aa arb of �Pvzal 744-6900
OCTOBER 10, 1978
DECISION 0\ PETITION SUBMITTED BY TRUSTEES OF HERITAGE TRUST II
CONCERNING PROPERTY LOCATED AT 25 PEABODY STREET (owned by Mass.
Electric Company) LOCATED WITHIN AN INDUSTRIAL DISTRICT
A hearing on this petition. was held on October 10, 1978 and continued on
October 19, 1978. Notices were sent to abutters and others and duly published in
the Salem Evening News on September 22 and 29, 1978.
The following members of the Board were present for the hearing: Donald Eames,
Arthur Labrecque, Douglas Hopper and. James Boulger. The Chairman appointed John
Nutting as a voting member for this meeting.
Atty. Barry Plunkett represented the Petitioner before the Board. I!__z Petitioner
would like to lease 42,100 sq. ft. of vacant land from Mass. Electric Co. in order to
Provide off-street parking for the Pickering Wharf project. The Pickering Miarf devel-
oper has provisions for commercial parking and resident parking on their site but with
the growth of the project additional parking is needed. The parking area would be
• visually integral with the Pickering Wharf project and that it would be treated as a
part of the overall project, including landscaping.
Mr. Plunkett noted that there is going to be a heavy influx of traffic with the
development of the Pickering Wharf project and this seems like the best possible solu-
tion to relieve the area of parking problems. The site is convenient and close to
the development area and this would be beneficial to keep the cars off the street. This
particular site has been vacant for at least five years.
David Lash, representing the Planning Dept. spoke in favor of the petition noting
that this use of the site would relieve the neighborhood of the parking problem.
Atty. Plunkett stated that the Petitioners would be willing to discuss providing
off street parking for the local abutters.
The Board voted to grant the variance requested with the following restrictions:
1. Submission of drainage and landscaping plan;
2. The wall along Peabody St. remains and will be maintained;
3. The fence around the generator will be restricted in height;
4. The other fence around the area will be no more than 8 ft. in height;
S. The parking area will be established in accordance with the supplementary
regulations of the Zoning Ordinance.
The Board found the use of the site for off-street parking an appropriate use for
an .Industrial District and that it would be beneficial to the public in alleviating
the parking problems in the area.
R- E'j
Noy L 5u
• DECISION - HERITAGE TRUST II October 10, 1978
25 PEABODY ST. LIY V CE
SALE N +LASS.
The Board found that the granting of the variance would be in no way detrimental
to the surrounding neighborhood and would in no way derogate from the intent of the
Salem Zoning By-law. The Board found that to deny the petition requested would cause
hardship to the Petitioner.
VARIANCE GRANTED WITH RESTRICTIONS rxrxxrxx
APPEAL. PROM 'THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF 'INE 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 VIE: 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 012TER
• OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TI'T'LE.
BOARD OF APPEAL
"Jane T. Lun regan
Secretary
•
55,
REAP-0 Of ti m, tts��tthlis>e s
Duh a AV, t78 Pmmb of Meul
CITY Cicn 5 UrFICE APRIL 25, 1978
SALEM, MASS.
DECISION ON THE PETITION SUBMITTED BY WAYNE M. PARKER, OWNER OF PROPERTY
LOCATED AT 6 PRINCE STREET (R-3 DISTRICT) SALEM, MASS.
A hearing on this petition was held on April 25, 1978 with the following
members present: Donald Eames, Jane Lundregan, William Abbott, Arthur Labrecque,
James Boulger and Douglas Hopper. Notices were sent to abutters and others in accord-
ance with Mass. General Laws, Chapter 808.
At this hearing the Petitioner requested that the hearing be postponed since his
Attorney was not present. After the Board heard testimony from abutters and others
present, the Board voted unanimously to table the hearing until May 9, 1978.
On May 9, 1978, the Board continued the hearing on the Petition for a Special
Permit with the following members present: Donald Eames, Douglas Hopper, Arthur Labrecque,
William Abbott and James Boulger.
The Petitioner was represented by Walter Costello, Esq. , One Salem Green. The
t. • Petitioner is requesting a Special Permit to operate a taxi firm from 6 Prince Street.
The business would be limited to the storage of two tam cabs on the property and would
involve answering a business phone and relaying messages to the taxi cabs. The taxi
cabs would operate from a stand located elsewhere in the City as approved by the City
Council.
Objections from abutters and others were the possible increase in traffic in an
already congested area and whether the business would include the operation of a taxi
stand from 6 Prince Street.
The Board voted to grant a Special Permit for the use at 6 Prince Street for the
storage of two taxi cabs and the use of a business phone for the purpose of relaying
messages to taxi cabs.
The Special Permit includes the following restrictions:
1. No business other than relaying telephone messages to taxis;
2. Storage of two taxis maximum;
3. No maintenance to be performed on taxis, except changing of flat tires;
4. No display of business signs on the property;
5. The business shall not create a nuisance to the neighborhood. .
The following voted to grant the Special Permit: Arthur Labrecque, William Abbott,
Douglas Hopper and James Boulger. Donald Eames voted not in favor.
SPECIAL PERMIT GRANTED WITH RESTRICTIONS NOTED **********
•APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF MASS. GENERAL
LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING OF THIS
i
Wayne M. Parker, 6 Prince Street, Salem, -2- April 2S, 1978
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, PF 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
e T. Ltmdregan
Secretary
Poarb of �k"M 744-6900
s � SALEM. MASS;
SEPTEMBER 26, 1978
DECISION ON PETITION SUBMITTED BY CYNTHIA BARBER, CONCERNING PROPERTY
LOCATED AT 36 SABLE ROAD, R-1 DISTRICT
A hearing on this petition was held on September 26, 1978 with members Jane
T. Lundregan, Douglas Hopper, Arthur Labrecque, and James Boulger present. Notices
were sent postpaid to abutters and others and duly published in the Salem Evening
News on September 11 and 18, 1978 in accordance with Mass. General Laws, Chapter 808.
The Petitioner represented herself before the Board. She is seeking a sideline
variance in order to have an enclosed porch which would be three feet from the sideline
and what she feels would improve the appearance of the dwelling. There is a deck
presently there that would have to be torn down before the porch is constructed.
The Board voted to grant said variance in order to allow the petitioner to construct
a porch at 36 Sable Road. Said porch would be 9 ft. 8" x 12 ft. and the necessary
variance from the sideline requirements are granted. The Board found that it could
grant said variance without any 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 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 OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
Jane T. Lundregan
Secretary
(ffitV of
P=b rrf ApprttlldH 31 1 36 PH 178
CITY OFFICE
JANUARY 10, 1978 SALEH. HASS. 3
DECISION ON THE PETITION OF MICHAEL & BLANCHE _ FRANCULLO, CONCERNING PROPERTY
LOCATED AT 360 SAVONA STREET LOCATED IN AN R-1. DISTRICT
I
A hearing on this petition was held on January 10, 1978 with the following Board
Merbers present: Jane Lundregan, Donald Eames, Arthur Labrecque, Douglas Hopper and
James Boulger. Notices were sent to abutters and others in accordance with Mass., Gen.
Laws, Chapter 808.
Atty. John R. Serafini represented the Petitioner before the Board. It was noted
that most of the lots in the area have a 50 foot frontage. The Petitioner stated that
it is a hardship on the land, due to the zoning change. It was noted that there is
a*Tle room for the construction of a single family dwelling and that it would in no way
be detrimental to .the Zoning Ordinance. The use requested is a permitted use.
The Board decided on the. basis of the facts presented that the owner of the property
had purchased the land prior to the zoning change and under the provisions of the Salem
Zoning Ordinance it was not necessary to request a variance on the land and the land
sertly can be built on without the granting of any variance.
Tie Board voted to grant permission for the construction of a single family dwelling
on said property.
JaneLime
•
_ ems /3 S8.
cif IIttlem,
NOVEMBER 29 1978
DECISION ON THE PETITION OF PATRICIA GOZEM CONCER\TING PROPERTY LOCATED
AT 17 SUTTON AVENUE (R-1 DISTRICT)
A hearing on this petition was held on Wednesday, November 29, 1978. Due to a lack
of a quorum, the hearing on this petition was held on December 6, 1978. Notices for said
hearing were sent to abutters and others and duly published in the Salem Evening News on
November 10 and 17, 1978, in accordance with Mass. General Laws, Chapter 808.
Members Douglas Hopper, Donald Eames, Arthur Labrecque, James Boulger and Associate
Member John Nutting were present.
Atty. John Serafini, Jr. represented the Petitioner before the Board. The Petitioner
is requesting a Special Permit for the expansion of anon-conforming building to provide
additional space by expanding the second floor out an additional five feet so that the
building would be uniform in appearance from the first to the second floor. A previous
building permit was granted for the second floor but the petitioner was not allowed to ex-
tend. the second floor construction to match the length of the first floor level.
• No one appeared in favor or in opposition to the petition.
The Board voted unanimously to approve the Special Permit to extend the second floor
wall S ft. to line up with the first floor and that the building will remain a single family
residential structure. The Board found that extending the second floor to line up with the
first floor would be in harmony with the other homes in the area, and also found that it
could grant the permit requested without substantial detriment to the neighborhood and with-
out derogating from the intent of the Salem Zoning By-law.
SPECIAL PERIMIIT GRANTED
BOARD OF APPEAL /
'APPEAL FROMTHISDECISION, IF ANY. SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS. Dougla Hopper
GENERAL LAWS. CHAPTER 808. AND SHALL BE FILED WITHIN 20 DAYS AFTER THE.DATE OF FILING Acting Secretary
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSANT TO MASS. GENERAL LASTS, CHAPTER 808, SECTION 11, THE VARIANCE OR SPECIAL PERMIT
GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THEDECISION. BEARING THE CERT.
FICATION OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED ANO NO A"PEAL HAS BEEN FILED,
OR THAT, IF SUCH AN APPEAL HAS BEEN FILEDTHAT IT HAS SEEN DIS,ASSED OR DEVED IS
RECORDED IN THE S11J'H ESSEX P.EuISTRY OF DEEDS AND INDEXED U""ZR THE NAME OF THE OS/NER
OF RECORD OP, IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE,
BOARD OF APPEAL
• A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND T11F CITY CLERK. ,
-5-9.
(9itV of �$ttlem, anar*etts
• "o- Ui l t! 78 Pourb of Zal 744-6900
CITY C� iir'.' `1FhICE SEPTEMBER 26, 1978
SALEM, HASS.
DECISION ON PETITION SUBMITTED BY DAVID FLAHERTY CONCERNING PROPERTY
LOCATED AT 37 TURNER STREET (B-1 DISTRICT)
A hearing on this petition was held on September 26, 1978 with members Jane
T. Lundregan, Douglas Hopper, Arthur Labrecque and James Boulger present. Notices
were sent postpaid to abutters and others and duly published in the Salem Evening News
on September 11 and 18, 1978 in accordance with Mass. General Laws, Chapter 808.
The Petitioner represented himself before the Board. The Petitioner wishes to
add a one bedroom apartment to a structure located at 37 Turner St. Said structure
was originally built as a garage for storage and now houses a gift shop on the first
floor. A variance was granted for the building at that time. There is also another
structure on the same property.
Several abutters appeared in opposition to the granting of the variance and pointed
out that there is a problem in the neighborhood now with traffic congestion and they
feel that the granting of the variance would bring in more people who will add to these
problems and also, it is a fire hazard.
_• The property is already non-conforming as to density and they feel that any addi-
tional increase to the density problem would be detrimental to the surrounding neigh-
borhood.
The Board voted to deny the variance requested. The Board found that since there
was no specific hardship on that particular property that would support a variance. The
Board also could not grant said variance without substantial detriment to the surrounding
neighborhood and without adding to the problems which are already present in the neigh-
borhood.
VARIANCE 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 CERTI-
FICATION OF THE CITY CLERK THAT 20 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 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/
(/Jane. T. Lundregan
Secretary
l �v, OCT 5 g 01
Qli#v of ' ttMpm, assar4usetts
Poarb Df 'Appad CI'iY e i Chi.HaSS.
744-6900
SEPTEMBER 12, 1978
DECISION ON PETITION SUBMITTED BY SALEM TOWN HOUSES (Robert C. Wilbur,
Gerald N. Fandetti and Douglas E. Bell) CONCERNING PROPERTY LOCATED AT
31-37 UNION STREET $ 13,15,18 HERBERT STREET (owner,Peter Copelas) LOCATED
IN AN R-2 DISTRICT
A hearing on this petition was held on September 12., 1978. Notices were mailed
postpaid to the Petitioners, abutters and others and the notice of hearing was duly
advertised in the Salem Evening News on August 25, and September 1, 1978 in accordance
with Mass. Gen. Laws, Chapter 808.
The following members of the Board were present for the hearing: Jane T. Lundregan,
Donald Eames, Arthur Labrecque and James Boulger.
Atty. Donald Koleman, 328 Essex Street, Salem, represented the Petitioners before
the Board.
The Petitioners presented a proposal for the construction of nice townhouse units,
• semi-detached, to be owned as single family houses, on the location in question.
s Said units would not comply with the density requirements of the Salem Zoning Ordinance.
The Petitioners stated that the building would not conform with respect to both
density requirements and side line requirements. The rear lot satisfies the depth and
the Petitioners allowed for 1z parking spaces per unit. The Petitioners stated that it
is a hardship to the owner to develop the property since the buildings that were there,
when demolished, part of the foundation was left below grade along with other materials.
The lots are undersized and are not buildable lots under the present zoning ordinance.
Several abutters appeared in opposition to the proposal. Their basic concerns are that
there are problems in the area now in regard to parking, snow removal, sewage and con-
gestion. They felt that the addition of ninetownhouse units on undersized lots would
further add to the problems. Under the present zoning ordinance the lots are undersized
and with the present square footage would allow for the building,with a variance, for one
family homes.
The Petitioner argued that it is not economically feasible to build a one family home
on the lots.
The Board voted to deny the variance requested. The Board noted that the lots are
undersized and a variance would be needed even for a two family dwelling. The Board
found that there is extremely high density in the area and has problems at the present
time with traffic, congestion and fire hazards. The streets are extremely narrow which
•
OCT 5 ,9 01 A'i '18
SALEM TOWN HOUSES - 31-37 Union St. $ 13,15, $ 18 Herbert St. Page 2
fILE}4
makes the providing of services very difficult. ' CITY CLZRK,sj±EMJOS8,
The Board felt that it could not grant the petition requested without detriment
to the surrounding neighborhood. The neighborhood is presently very dense and to add
nine more units to an already congested area would be in conflict with the Salem Zoning
Ordinance. The Board found that the Petitioner did not prove a substantial hardship
which would support the finding for a variance. The Board felt that the lot could be
developed as one family homes and that would be more in keeping with the neighborhood.
By roll call it was unanimously voted to deny the variance requested.
VARIANCE 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,
Jane T. rundregan
F Secretary
T. f1li$g of obt�I�ne, �zss�zc us �l 1# 46 '78
Jp ��
2goarbof A"Cal Fill:
OCTOBER 26, 1978 CiTY Cu-"U.`:Lc
M.idd S S.
DECISION ON THE PETITION SUBMITTED BY FRANK ROMANO CONCERNING PROPERTY LOCATED
AT 14-20 VERONA STREET '
A hearing on this petition was held on October 26, 1978 with the following members
of the Board present: Jane T. Lundregan, Donald Eames, Arthur Labrecque, Douglas Hopper,
James Boulger and Alternate Member, John Nutting. Notices were sent postpaid to abutters
and others and duly published in the Salem Evening News on October 12 and 19, 1978 in
accordance with Mass. General Laws, Chapter 808.
Atty. John Serafini represented the Petitioner before the Board. The Petitioner
wishes to purchase four vacant lots and combine them into two larger lots and to erect
a single family home on one lot and proposes to sell the other lot to his sister who
wishes to erect a single family home for herself. The proposed combination would create
two lots 109.13 ft. on the side, each having within the area of 10,913 sq. ft., each lot
would have more. than 100 ft. frontage. The Petitioner stated that because of the size,
and shape, of the lot this combination would create lots less than 15,000 sq, ft.
The Petitioner further noted that the parcel of land involved is part of an old sub-
division where a great majority of existing dwellings are in the S,000 sq. ft. range,
well under the size of the Petitioner's proposed lots.
The:-.Board voted to grant the Petition requested,to wit, todivide four lots into two
lots and to refer the matter to the Planning Board. The Board found that the lots in the
area are all undersized and to deny the petition requested would cause hardship .to the
Petitioner. The -Board found that it could grant. the variance requested without derogating
from the intent of the Salem Zoning Ordinance and without substantial detriment to the
surrounding neighborhood.
VARIANCE GRANTED **x**x***
APPEAL FROM THIS DECISION. IF ANY, SHALL BE CiADE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LA'NS. CHAPTER 806, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING - n .. � ���v�.
OF THIS DECIS!JN IN THE OFFICE OF THE CITY CLERK.
PURSAN'T TO L?ASS. GENERAL LARS. CHAPTER 808. SECTION 11, THE VARIANCE OR SPECIAL PERMIT Jane T. Lundregan
GRANTED HE"EI.'I. SHALL NOT iASE EFF-CT UNTIL A COPY OF THEDECISION. BEARING THE CERT- Secretary
FICATION OT TH : Ci FY CV'_R.0 -i rtAr 20 DAPS HA'•i E'ELAPSED AND NO APPEAL HAS BEEN FILED,.
CR 7;1 . IF SJ. 14 AP7E.':L IUS B:.Et+. HE, T;!A1 !T HAS BEEN DIS:.'ISSEO OR DENIED IS
REC .":DED IN Ti : 3� jj! EGS'::.i RE':S_°"Y N, O�:JS AND INDEXED UNDER THE EA;AE OF THE OVNER
OF P.EC_P.) OR I; i-.E:J DED ANJ +.;LVS:; Gil Tli: C6iNMS CERTIFICATE OF TITLE.
BOARD OF APPEAL
•
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
TitV of
• r P=b of Mit
APRIL 2S, 1978
DECISION ON PETITION OF DR. EI31ARD ROSENTHAL CONCERNING
PRORT�ZLO ED AT 46 WARREN l 55
70
STREET, SALEM, FILENouCALL-60 42) PS59X
This is a direct appeal by the Petitioner, Edward Rosenthal, Ca'dC6,afies'-,1 EM.MASS.
Lola H. Ouellette, Trustee of Rilo Realty Trust, through their attorney, George
P. Vallis, One Church St. , Salem, Mass. from applicable terms of the City of Salem
Zoning Ordinance to permit the Petitioner to conduct on the first floor of a three
unit building, a dentistry and orthodontist's office. The parcel is located in an
R-2 District.
Hearing on this petition was held on April 25, 1978, pursuant to notices mailed
postpaid to the Petitioners, Board Members, Abutters, Abutters to Abutters and others,
and a notice was duly published in the Salem Evening News advising of. this public
hearing.
The following Board Members were present at the meeting: Donald Eames, Douglas
Hopper, Arthur Labrecque, Jane Lundregan, William Abbott and James H. Boulger, Jr.
(James H. Boulger, Jr. refrained from voting) .
:: • The application was submitted to obtain a variance from applicable terms of the
Zoning Ordinance with respect to use. The Petitioner, through his attorney, submitted
the following evidence: The property is situated at the corner of Essex Street and
Warren Street and is within close proximity to a B-1 Zone where the proposed use is
permitted. The building is used as a three-unit apartment dwelling and it was pro-
posed that the use of the second and third floors would remain unchanged. It was
pointed out that many of the Petitioner's patients were students from the Salem
High School, which was within walking distance of the locus and that the Petitioner would
be providing a public service and the proposed use would benefit the public interest.
It was noted that it was quite common in Salem to have a doctor's office within a resi-
dential zone and that in granting the variance the resident integrity of the area would
still be retained.
The Board, after much discussion, took the matter under advisement and decided to
table the matter until its next regularly scheduled hearing on May 9, 1978 at which time
a Petition was presented by Atty. Benjamin W. Moulton of 39 Warren Street, Salem, signed
by several abutters and neighboring property owners stating their desire that the
petition be granted subject to the condition that the yard of the locus property not be
used as a parking area.
46 Warren Street, Salem, Mass.
Dr. Edward Rosenthal HAY ZZ II 56 .� '�B Page 2
FILE A
CITY CLER3. S1LEM,AASS.
The Board reviewed all the evidence presented and carefully considered the
matter. The Board found that a variance -17rarfl substantial
detriment to the public good or substantial de 88 on f m'the intent of the
provisions of the Zoning Ordinance and that IJfal enforcement of the provisions
of the Zoning By-laws would cause substantial Hardship to the Petitioner and that
the proposed use of the property would not resp*g G4nmu)r...ld1miA1eAon in the value
of surrounding properties, but it would, in fact, enhance the value in view of the
fact that extended improvements would be made to the property and the proposed use
would further provide a public service and benefit the public interest.
Variance was granted by a unanimous vote subject to the condition that the
yard not be used as a parking area.
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 TERVE 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
e T. Lun 'egan, becrepry
is
Lo 3:
NOAUBER 29, 1978 C:," C-= •. , -!d,;; SS
DECISION ON THE PETITION OF JOSEPH R. INGENII, JR. CONCERNING PROPERTY LOCATED
AT 260 WASHINGTON STREET, (R-3 DISTRICT) D C C0 12 17 PH Y70
A hearing on this petition was held on Wednesday, November 29F 78. Due to a lack
of a quorum, the hearing on this petition was held on December 6, J�7� ., Ngticeasfor said
hearing were sent to abutters and others and duly published in the Salem"tvenigNM*'s on
Nov. 10, and 17, 1978 in accordance with Mass. General Laws, Chapter 808.
Members Douglas Hopper, Donald Eames, Arthur Labrecque, James Boulger and Associate
Member John Nutting were present.
Atty. John Serafini represented the Petitioner before the Board. The Petitioner is
requesting a Special Permit in order to extend anon-conforming use for the first floor
in order to operate a coin operated laundromat to serve the tenants in the building and
the general public. Plans were presented showing a parking plan for the premises.
Mr. Serafini explained that Mr. Ingemi was operating a laundromat in Marblehead. He
has to relocate his business. and has to find a place quickly to place his machines. He
has some equipment stored in a garage. Mr. Ingemi has the experience and knowledge to
Woperate this type of business. He feels that this would be a benefit to the tenants.
e first floor of the apartment building has always been commercial use.
No one appeared in opposition to the Petition.
The Board voted to deny the Special Permit requested. The Board felt that there is
a traffic problem in the area and that to grant the petition would only aggravate the
situation. The Board found that it cannot grant the Special Permit requested without
substantial detriment to the surrounding neighborhood or without derogating from the intent
of the Salem Zoning By-law.
SPECIAL PERMIT DENIED **r*=rrrxr*
BOARD OF APPEAL
Douglas Hopper°'7—
Acting Secretary
APPEAL FROM THIS DECISION, IN 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.
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY,CLERK.
- ; : &
i of a �
FEBRUARY 28, 1978CM uL�-! rY10E
SALEM-MASS-
744-6900
DECISION ON THE PETITION OF PETER COPEI..4S CONCERNING
PROPERTY LOCATED AT 5-7 WEBSTER STREET R-2 DISTRICT
A hearing on this Petition was held on February 28, 1978, pursuant to
notice given to the applicant, the Building Inosector, abutters and others in
accordance with statutory requirements, Mass. General Laws, Chanter 808.
Members Jane Lundregan, Donald Eames, Arthur Labrecque, James Boulger and
Associate Member Douglas Hopper were present.
Atty. Donald Koleman, 328 Essex St. , Salem, represented the Petitioner
before the Board.
The property at 5-7 Wesbster St. presently is a valid non conforming use.
The Petitioner is requesting a Special Permit to change said non-conforming use
to another non-conforming use, to wit: a rug cleaning business and a commercial
photography business. The property is presently not being used. It had
been used as a sheet metal fabrication plant. However, the Petitioner does
not wish to continue the use. The use has not been abandoned and the Petitioner
is actively seeking tenants for the building. The question concerning the
Board is whether the• proposed uses as a rug cleaning business and a commercial photography business are acceptable, more acceptable or less acceptable than
the other non-conforming use as a sheet metal fabrication unit. Other questions
the Board considered was whether the said proposed uses would be more or less
noisy than the previous use and whether there would be more or less traffic.
The Board found that the use as a rug cleaning business would create traffic
problems in the neighborhood and therefore voted to deny the request for a
Special Permit for use as a rug cleaning business. The Board also found that
the operation conducting a commercial nhotogranhy business consisting of
photographic developing and processing photographic films of industrial and
commercial products 'taken on the premises by a single proorietor and his part-
time heloer for the nuroose of advertising; illustrating commercial catalogs,
would be an acceptable use for the nronerty.
The Board found that the said use as a commercial photography business
would be acceptable as .the previous valid non-conforming use as a sheet metal
fabrication business.
Pe'.er Copelas -2a February 28,. 1978
5-7 Webster St.
baa «
23 Mi '78
CITY UL -rFiGE
Therefore the Board �S, NASSo
grants a Special Permit on pro?ert cated at
5-7 Webster Street for use as an operation conducting commercial photography
business and the Board also denied the use of said property for a rug cleaning
business.
SPECIAL PERMIT GRANTED FOR COMMERCIAL PHOTOGRAPHY
SPECIAI, PERMIT DENIED FOR RUG CLEANING BUSINESS
APPEAL FROM THIS DECISION, IF ANY, SHALT, BE DiADE 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 TAM 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
INDZ;SD UNDER THE NAME OF THE OWNER OF RECORD OR IS RECORDED AND NOTED IN THE
Ot:'NER' 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 �F,
�9Jr.
Ti#u of intern,
744-6900 varb of Appeal
MAY 9, 1978
DECISION ON THE PETITION SUBMITTED BY ETER .OPFLAS„CONCERNING PROPERT%hO%7Eg 147 QM '7
AT 5-7 WEBSTER STREET LOCATED IN AN R-2 DISTRICT
FILE r
CITY CLLEK., S ILEA±,NAS
.M.
A hearing on this petition was held on Tuesday, May 9, 1978, at 7:00 Pat
One Salem Green. Notices were mailed to abutters and others in accordance with Mass.
General Laws, Chapter 808. Notice of the hearing was duly published in the Salem
Evening News advising the public of said hearing.
The following Board Members were present: Donald Eames, Arthur Labrecque, William
Abbott, Jane Lundregan, James Boulger and Associate Member Douglas Hopper.
Atty. Donald Koleman, 328 Essex St. , Salem, represented the Petitioner before the
Board. The Petititioner is requesting a Special Permit in order to allow Warner Cable
Corp, to use the premises at 5-7 Webster St. as headquarters and to store small equipment
for line installations to the homes in connection with this business as a television
cable company. The premises will be for administrative offices. There will be a secre-
tary and two technicians to maintain the antenna. 'Ave to four service people will make
home installations who will be out all day long carrying small equipment to the homes.
• There will be a limit of four storage trucks. At night, these storage trucks will be
parked off the street toward the back of the building.
There will be no other use for the building other than that described; no manufacturing
will be done in the building. The first year will be the busiest year for the company
while installing cables throughout the City. After that it will slow down. There will
be no retail sales on the premises.
The building has been vacant for several months and the Petitioner has been trying
to find a suitable tenant.
The Board granted the Special Permit requested in order to-allow Warner Cable Corp.
only to use the premises for the purpose described above. They will be allowed to
park four vans or light pickup trucks on the premises. The Special Permit is granted
with the conditions noted above. The Board found that the Special Permit could be granted
without substantial detriment to the surrounding neighborhood or iwthout derogating from
the intent of the Salem Zoning By-law.
SPECIAL PERMIT GRANTED WITH CONDITIONS NOTED x***x*****
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.
Peter Copelas -2- May 9, 1978
5-7 Webster St,
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 OWNER'S CERTIFICATE OF TITLE.
A COPY OF THIS DECISION HAS BEEN FILED WITH-THE PLANNING DEPT. AND THE CITY CLERK.
BOARD OF APPEAL
jaTreran
retary
RE 0WED
'; `„i SQL ti. X7955. flourb of 744-6900
OCTOBER 10, 1978
DECISION ON PETITION SUBbIITTED BY ROBERTO TASSINARI AND STANLEY BURBA
CONCERNING PROPERTY LOCATED AT 10 WHITE STREET LOCATED IN AN INDUSTRIAL
DISTRICT
A hearing on this petition was held on October 10, 1978 and continued on October
19, 1978. Notices were sent postpaid to abutters and others and duly published in the
Salem Evening News on September 22 and 29, 1978.
The following members of the Board were present for the hearing: Donald Eames,
Arthur Labrecque, Douglas Hopper and James Boul.ger. The Chairman appointed John
Nutting as a voting member for this meeting.
Atty. H. K. Donaldson represented the Petitioners before the Board. The Petitioners
requested a variance on the side line requirements in order to construct a wood frame.
shed, 8 ft. x 10 ft. ,to house the electrical controls for the gas dock. This facility
was inadvertently left out of the original plan when the Petitioners appeared before
the Board for a previous hearing. There are presently fueltanks buried 8 ft. deep
on the site located ISO feet away from the proposed shed. All pumps are located in the
tanks. There would be no fuel pipes going to the shed.
The Board voted unanimously to grant the variance requested with the condition that
the area be paved as shown on the site plan presented. The Board felt that the granting
of the variance would be in no way detrimental to the surrounding neighborhood and would
in noway derogate from the intent of the Salem Zoning By-law. The Board found that to
deny the petition requested would cause a hardship to the Petitioner.
VARIANCE GRANTED WITH RESTRICTIONS ********
APPEAL FROM TI-IIS DECISION, IF ANY, SHALL. BE MADE PURSUANT TO SECTION 17 OF THE MSS.
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 I-IERIiIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEARING THE CERTIFICATION
OF THE CITY CLERK 'H-IAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED, OR THAT, IF SUCI-I
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 NWNME OF TML-' OWNER OF RECORD OR IS RECORDED
AND NOTED ON THE OWNER'S CERTIFICATE OF 'TITLE.
Jane T. Lundregan
Secretary
i INDEX
� 17 7q
BOARD OF APPEAL DECISIONS- .14"
ADDRESS OWNER PAGE
29 ABBOTT STREET JALBERT, ROBERT & PATRICIA 1
57 BARSTOW STREET GRADY, WILLIAM & ELEANOR 2
5 BARTON PLACE R. NIYES & A. FAVARA 3
10 BEACON STREET GAINES, NATALIE 4
17 BELLEVIEW AVENUE LACH, WILLIAM & DONNA 5
335 BRIDGE STREET KIERNAN, RUSSELL W. 6
48 BROADWAY SMITH, WALTER 7
48 BROADWAY SMITH, WALTER 8
9A BROOKS STREET PEZZULLO, PASQUALE & THERESA 9
.. 11 BROOKS STREET SCIALDONE, SALVATORE & ANGELINA 10
89 CANAL STREET MULLIGAN, BERNARD 11
130' CANAL STREET STERMAN REALTY TRUST 12
3 CARRELTON STREET CYR, KARL & BARBARA 13
2-24 CENTRAL STREET SALEM REDEVELOPMENT AUTHORITY 14
LOTS #517,519,521 CHERRY HILL AVE.V. 7 KATSARAKES, PETER & CAROL 15
20 CLIFTON AVENUE MUNROE, JAMES L. 16
9 COLLINS STREET RICHARD, ROSARIO 17
19 COLUMBUS AVENUE RANTZ, WARREN 18
51 DEARBORN STREET HOPPER, DOUGHLAS & JOAN 19
106 DERBY STREET BUTCHER, DANA & DEBORAH 20
124 DERBY STREET ALLYN REALTY TRUST 21
222-224 DERBY STREET UNITED ART GALLERIES, INC. 22
r . 42 DOW STREET MEDEIROS, JOHN R. 23
4�+
_ 43 ESSEX STREET J. COLLINS & R. SCHIAVONE 24
NORTH SHORE AUTO CLINIC
105-107 ESSEX STREET BRICK BLOCK REALTY TRUST 25
391-391' ESSEX STREET WESTON, HERBERT 26
I
INDEX
BOARD OF APPEAL DECISIONS - 1979
ADDRESS OWNER PAGE
30 FAIRVIEW ROAD LAGONAKIS, NONDAS & ADAMANTIA 28
95-97 FEDERAL STREET PREMAN, MR. & MRS. DAVID � 29
217 FORT AVENUE SWEENEY, ROBERT & BETTY 30
53 GALLOWS HILL ROAD WOMACK, JOHN 31
13-15-18 HERBERT STREET SALEM TOWN HOUSES 32
81 HIGHLAND AVENUE SALEM HOSPITAL, INC. 33
488 HIGHLAND AVENUE WARNER CABLE OF SALEM 34
14 HUBON STREET R. TAMILIO d/b/a HUBON ALUMINUM 35
7 & 19 IRVING STREET SALEM SUEDE 36
92 JACKSON STREET MARSHAL, BRUCE R. 37
10 JEFFERSON AVENUE DE. FRANCESCO, SANTO 38
62 JEFFERSON AVENUE RUSCIO, F. ROBERT 39
199 JEFFERSON AVENUE COLONIAL REAL ESTATE TRUST 40
250 JEFFERSON AVENUE J. & S. AUTO BODY 41
18-20 KOSCIUSKO STREET McKINNON, WILLIAM & ADELE 42
76 LAFAYETTE STREET (METCOM) PLAZA REALTY TRUSTi 43
159 LAFAYETTE STREET MARCHAND, MR. & MRS. ARTHUR 44
.3ia
4" LAFAYETTE STREET GREEN, DR. & MRS. JOEL 45
11 LOCUST STREET MUNROE, FRANCIS & ANN 46
26 LORING AVENUE WINTERS, HENRY & RUTH 47
57 LORING AVENUE VALASKATGIS, ARTHUR 48
72 LORING AVENUE ESTHER REALTY TRUST 49
95 LORING AVENUE BEATRICE, MICHAEL H. 50
40 180 LORING AVENUE BENNETT, MR. & MRS. MAURICE 51
16 LYNDE STREET (1st Church) R. CURRAN & J. HURRELL 52
LOTS #353 thru 357 MARLBOROUGH ROAD TILTON, GEORGE R. 53
r
INDEX
BOARD OF APPEAL DECISIONS - 1979
ADDRESS OWNER PAGE
19 NORTH STREET SACKRIDER, MR. & MRS. GARY 54
25 NORTH STREET 25 NORTH ST. REALTY TRUST 55
72 NORTH STREET ANDREWS, HARRY M. 56
72 NORTH STREET ANDREWS, HARRY M. 57
72 NORTH STREET ANDREWS, HARRY M. 58
166 NORTH STREET BAUGHN, WARREN 59
176 NORTH STREET SALEM LIBRARY TRUSTEES 60
219 NORTH STREET SYPCHALSKI, ROBERT 61
OCEAN AVENUE EXT. BONAIUTO, SALVATORE 62
10 PARADISE ROAD HOFFER, MARK 63
.�. 6 PEARL STREET RICHARDSON, PAUL & DENISE 64
23� PHELPS STREET GRIMES, MICHAEL E. 65
13 PURITAN ROAD FULLER, WAIN & ANN 66
13 PYBURN AVENUE NEWTON, ESTHER G. 67
5 RAVENNA AVENUE GILLESPIE, MR. & MRS. GILBERT 68
46 SCHOOL STREET HINSON, JOYCE A. 69
10 SOUTH STREET BRIGGS, LEROY & HILDA 70
16 TREMONT STREET STATEZNI, ARTHUR & ROSELLA 71
44 TREMONT STREET JONES, GISELA B. 72
31-37 UNION STREET SALEM TOWN HOUSES 73
22 VERDON STREET RHODES, ROBERT 74
119 WEBB STREET WALSH CONSTRUCTION CO. 75
10 WEST CIRCLE NEE, THOMAS & CLAIRE 76
6 WHITE STREET ROBERTSEN ASSOCIATES 77
56 WINTHROP STREET KINKEL, K. FRANK 78
4 WOODBURY COURT MARSHALL, ROBERT M. 79
r ` J RE ,r!'rE0 ,s y
JUL
SALEM< MASS.
° CITY'''Ca �FJQE
SALEM. MASS.
JUNE 15, 1979
DECISYON ON PETITIODrt�' BMITTED BY ROBERT & PATRIE$A''JALB C01Q^�Eisd_IN�
PROPERTY LOCATED Ax'4c29 ABBOTT STREET (R-1 DisErict)
A hearing on this etition.vas held,June 15 q
1.L.79 with the he foil '
, . ovnn members
g ,
of the Board present; James Boulger -� Chairman ' Arthur LaBrecque; Douglas
Hopper; John Nutting; Joseph Piemonte. Notices were sent-.postpaid to abutters
and others and duly published in the Salem Evening News on 4une'=1-'aid June 84
1979 in accordance with Mass. General Laws.
The petitioners represented themselves before the Board 'toh'seek variance in
order to construct a porch measuring ,10 feet by 15 feet at the rear of the
house. The house is on a corner lot- requiring 15 feet on the side, they
request approval for 11 feet 4 inch .set back, and..'27 feet 9 inch setback at
the rear instead of 30 feet required 'by'code. The .petitioner prese i d a.;
letter signed by 13 abutters in favor-6f the variance. No-apposid"' ' was
registered.
The Board voted to grant the variance requested because enfor_ ccment.,.of the ..
provisions of the zoning ordinance would involve hardship:to the appellant
and that desirable relief may be granted withoutsubstantial detriment,to 'the
surrounding neighborhood.
VARIANCE GRANTED
." ;:;is'mX�%Yta«ar•6r,�kd.3<�`c41}eAF&T 5+ b .
J es H Boulger,'Jrx
"'? AL FRCP,' THIS DEC,:MN. IF ANY, SHALL BE 'iA➢E]'DllRsuANT`TO SECTION,I7 OF THE,MASS
'E 'L L? L 'i;, l L ° __ +' '."7 =OKAYS AFTER AThc DAiE 0: FILING -
! TC s:1*95 q.vvek.!. 1 CPAP4s 2 E RM IT -
Srfawt -
E'f`fri� ✓Ni l G::P.r<ft F >TTe,:C KtSrl✓tf fr _IIT
.n .; ::z TAt fLY CLlY1k .,,.1 20 t)/}YS f7PV=tL9>Pc0 AND;iY° HGc.OR iJ\; L'- CalcN ryrs -:F?i=.: i; LWi fi i iLt0 :TnryT rr.N7f`.BEt!v DrY _D G^.OLDWO I'i.,- -
:;ECORDED 19 T - su-y 'w., ,.. ..! uF L.=o$., '�..1`H ..h iE:,iF-TIiE OWNER -
3F'`BECCRO OF TITLE. .
BOARD OF APPEAL _
A COPY OF THIS DECIS DIi'.F1AS BEEN PILED'.W TH THR PLANNING !WARD":' THE;C4TY' CLERK
�,
a
�F ( t-
I'iEu O
zy (ff IIS 5aLora, 2iSBG"It�1iS��S AUG Cu Nt
CITY L' :'S OFFICE
PIT Of" P2Il SALEM, MASS.
JULY 13. 1979 e wa-
DECISION
ON THE PETITION OF WILLIAM AND ELEANOR GRADY CONCERNING PROPERTY
LOCATED AT 57 BARSTOW STREET (R-2 District)
A hearing on this Petition was held on July 13, 1979 with the following Board
members present: James Boulger - Chairman; Arthur LaBrecque; Douglas Hopper;
John Nutting; and Associate Member Joseph Piemonte. Notices were sent to
abutters and others, and duly published in the Salem Evening News. on June 29,
and July 6, 1979 in accordance with Mass. General Laws, Chapter 808,
The petitioners are requesting a variance to extend the existing non-conforming
side line of 4 feet 5 inches by the addition of a bedroom and bath measuring
20 feet by 24 feet. Mr. Grady represented himself before the Board. He stated
that his wife has respiratory problems and the house does not presently have
a bedroom on the first floor. He has talked to the neighbors and they have
no objections. He stated that this addition would put the rear of his house
in line with the houses abutting him. Eleanor Grady appeared in favor. No
one appeared in opposition to the petition.
The Board voted unanimously to grant the variance requested. The Board found
P that this was a hardship on the petitioners and that it could grant the variance
requested without substantial detriment to the neighborhood and without derogating
fron the intent of the Salem Zoning By-law.
VARIANCE GRANTED
APPEAL MOM THIS DECISION, IF ANY, SHALL BE :FADE PURSUANT TO SECT1O:'1 17 OF THE !:1A5S.
GENERAL LAYS, CtiAYTE 83, AND SHALL CE FILED Sv1THli1 20 DAYS AFTER THEDATEOF FIUNG
Dou las o er c-
OF THiS D`CISIOiI IN lH_° OFFICE OF TH CITY CLE:^.!:. - - - g pp
PURSAN TO ' ASS. C- IEY,d. i. - ? i .:"111, THE VARIANCE OR SPECIAL PERMIT Acting ecretary -
CRnNiiu HEREIN, SHALL i•i li: 7CARING THE CERT-
- FICATIOiI OF THE Ct!Y .;LER . . .-. .. - ...,. -. - N? A?Y:_AI PAS EEEN FILED.
OR THAT, IF SUCH :1•I }Yt'Ed! F -i .. ..- . , OMS !CicD OR DENIED IS
RECORDEDINTHE SOUiB ESSE). Rc%IS'Sf C= ;;-"-E,: 1.1J ULIOER ME NAME OF THE OWNER - -
OF RECORD OR IS RECORDED ANO NOTED Cil M-- 040ER'S CERTIFICATE OF TITLE. - -
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
140
o
-
of
.,
puarb of Apyeal. r�nP 19 ? a° °i{ '74
Fit
JANUARY 24,. 1979
DECISION ON THE PETITION OF RAYMOND B. NOYES, JR. AND ANTHONY FAVARA
CONCERNING PROPERTY AT 5 BARTON PLACE .LOCATED IN AN R-2 DISTRICT.
A hearing on this Petition was held on January 24, 1979, with the
folloiwing Board Members present: Douglas Hopper, John Nutting, Joseph., -
Piemonte and Chairman James Boulger. Notices were sent to abutters and
others, and duly published in the Salem Evening News on January 10 and.
January 17, 1979, in accordance with Mass. General Laws, Chapter 808.
Atty, George Vallis, represented the petitioners, who -are requesting
a Special Permit to 1.use the property as a storage shop for' metals, ladders,
_ and tools of trade used in their air-conditioning business. The building
has been used as a carpentry and cabinet making shop during the past 19
years, and this would be a change of a non-conforming use in a R-2 District,
The petitioners do most of their work on their job sites, and the building
will be used for storage and office space. They presently rent space at.
131 Derby Street, Letters were submitted from Frances Bona, 127 Derby St.
and James H. Ballou, 125 Derby Street stating that they were ideal neighbors. .
There would be no walk-in trade, no storage of inflammables and they have
one truck. which they would park in the garage. Tools would be used to
fabricate special fittings which the petitioners could not purchase.
Ward Councillor Stanley Usovicz and three abutters spoke in. opposition.
The Board voted unanimously to deny the Special Permit requested.
The Board found that the proposed use would be substantially detrimental
to the surrounding neighbor-hood " -
SPECIAL PERMIT DENIED
Appeal from this decision, if any,., shall be Dougl)ds Hopper
made pursuant to Section 17.of ,the Mass. : Acting Secretary
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,
- A COPY OF THIS DECISION' 10,a. BEEN FILED'SJITH THE PLANNING BOARD ;A,ND THE CITY CLERK,,
Gjv� (9itu of lam, tts z Ptt �_
paura d A"ed Ill'►' CJ i 23 AV 19
OCTOBER 17, 1979 CITY ,._:_:.:,`b 6rFICE
SALEM. MASS.
NOVEMBER 14, 1979
DECISION ON THE PETITION OF NATALIE GAINES CONCERNING PROPERTY LOCATED AT 10 BEACON
STREET IN A R-2 DISTRICT.
A hearing on this petition was held on October 17, 1979 with the following Board
Members present: James Boulger, Jr., Chairman; Atty. Anthony Feeherry; Douglas
Hopper; John Nutting; Joseph Piemonte; and Edward Luzinski. Notice of the hearing
was published in the Salem Evening News on October 3rd and 10th, 1979 in accordance
with Massachusetts General Laws Chapter 4OA. At the request of the Board the -
hearing was postponed until November 14, 1979 to enable the petitioner to get
accurate drawn plans. The following Board members were present at the hearing on
November 14, 1979: James Bougler, Jr. , Chairman; Douglas Hopper; John Nutting;
Joseph Piemonte and Edward Luzinski.
The petitioner is requesting a variance to extend an existing rear porch which
- is within 2 feet of the rear property line and would be 20 feet long, The petitioner
represented herself before the Board and stated that the closest building to the
porch is a garage on the property in back of her house. She stated that her rear
yard is, so small it is useless and this porch, which will have no walls or roof,.
and is really a sundeek, 'will improve her property and eliminate a :problem. There
was no opposition.
In discussion members of the Board felt that there was a hardship unique to the
particular property due to the location of the house, however the size of the
proposed porch was not justified, and that the proposed size would require a variance
for the rear yard in addition to the side yard.
The Board voted unanimously to grant a variance for an uncovered porch at the rear
of the house with a rear yard setback of 2111" as shown.on submitted drawings, but
not to include any variance for the side yard. A 10' set back is required at the side
yard as per the Zoning,Ordinance, The Board found that it could grant the variance
without substanially derogating from the intent of the Salem Zoning Ordinance.
VARIANCE GRANTED
;APPEAL FR^' TPiz 7 A L J A;';y SHALL 5E ADE PURSUANT TO SEMPON 17 OF THE ASASS.
GENERAL LA,CS, LHi.?i 3 , j-tii cr T_L EE I': ;� +,;2 20 DAYS ASTER THE DATE OF FILING - - -
OF THIS D:G.:,:Otl 'i t, :H: GFF. _ CF THE - -
CITY CLER:C.
P: ( I( A r - is - r
1 3 1 - r r �F y..�A r - r oF4'i1T ..
i 1 i° v1 it r r i 4TL A G r' _t 7HE i -
I
HAS c __D,
Tr;E E-c'- S'c t r' r i r;1 i D I 4Tdc OVVINERDougla Hopper
OF RECORD uN IS RE-URBLO AND NU,ED CN M; ud,.cR'S CERTIFICATE OF TITLE Acting Secretary -
_ - BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Cite of Satem, assarhn ��s
rt
Poarb of �Ppvd SREEM rl:?§§
Q
APRIL 25, 1979c
DECISION ON THE PETITION OF WILLIAM & DONNA L&CH, 17 BELLEVIEW AVENUE (R-1 DISTRICT)
A hearing on this Petition was held on April 25, 1979, with the following
Board Members present: James Boulger, Chairman, Jane Lundregan, Douglas Hopper,
John Nutting and Associate Members Joseph Piemonte and Edward Luzinski. Notices
were sent to abutters and others, and duly published in the Salem Evening News
on April 11 and 18, 1979 in accordance with Mass. General Laws, Chapter 808.
The petitioner represented himself before the Board. He wishes to construct .
a chimney and fireplace on the dwelling at 17 Belleview Avenue, which will extend
into the required ten foot side yard. . The chimney will extend 14 feet along the
side of the house, and the adjacent property is a paper street upon which a
neighbor's garage is located.
The Board voted to grant the petition requested, in order to allow the
petitioner to build the fireplace and chimney as presented on the plan. The
Board will allow the encroachment of the 10 foot side line up to 1'k feet. The
Board found that it could grant the petition requested without .detriment to the
surrounding neighborhood and found that in fact the addition would be an asset
to the house and the property.
GRANTED
Jade T. Lundregan =�
- APPEAL FROGI THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE 61ASS, Secretary
GENERAL IAISS, CHEPTER SG3, AND SHALL EE FIL£:� Yl!TH17 20 DAYS AFTER THE DATE OF FILING
OF THlS-DECiS:0`I IN THE CFFPC` G:= THE CIIY -
PURSGi:i TO ?ASS..C.EA:ERAi. 1."";S. ?FJE;; M. S3CTiC:!:-tt, THE YAR'Ag^.E 0? SPECIAL FERAtIi
GRA::.EU 7:EGEi:7, SHALL fl-:T 7£5E Ef _::T UNNI A COP7 ' TME ULA:Hn: THE CE3r-
FICATiON bF THE C[fY CL R;t iHA1" T. DAYSH':'.'8 E(L?�'si °a) ::4 ATPESI HAS .:! FILED,
CR THAT, IF $OC11 A9 APPEAL HAS ca;,i FILET 11i;I: IT li:i$ F.EE!: DISSil&SCO OR DEMED IS
RECOiiOED !77 THE SOUTH ESSE:i REc;i'.RY OF DUDS A:`1O I;:DESED UNDER THE NASIE OF THE CWNER
OF RECORD OR IS RECO2DED AND NCTED Oil THE O'7MEN'S CERTIFICATE OF TITLE -
BOARD OF APPEAL
Aft A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
�D LG 2SiTy
CtU of a, gasizadpwift,
. \ SALEH, HASS,
FEBRUARY 14, 1979 ' 31a
DECISION ON THE PETITION OF RUSSELL W. KIERNAN CONCERNING PROPERTY LOCATED AT
335 BRIDGE STREET (R-2 DISTRICT) .
A hearing was held on Wednesday, February 14, 1979 with the follaaing members
of the Board present: James Boulger, Douglas Hopper, Arthur LaBrecque, John Nutting,
and Edward Luzinski. Notices for said hearing were sent to the abutters and others
and duly published in the Salem Evening News on January 31, and February 7, 1979,
in accordance with Mass. General Laws, Chapter 808.
Atty. Robert Healy represented the Petitioner before the Board. The Petitioner
is seeking a variance in order to construct a building for the sale and storage
of used cars. Such a use is not permitted within an R-2 District. The predominant
use of Bridge Street, in this area is business/industrial. This property has a
carpet store and warehouse on one side, and a service station/auto sales operation
on the other. The lot has been vacant since 1976, when the Orne St. Realty Trust
was granted a variance to demolish a warehouse and erect a one store building. The
proposed structure would be a one-story. The front of the property would be land-
scaped and the entire frontage would not be used to display used cars. The bulk
of cars for sale will be stored inside and they will be good quality, not junk cars.
Hours will probably be 9 to 4 in winter and 9 to 9 in summer. The Petitioner
submitted plans showing proposed structure on the property. The petitioner would
construct a fence on his property where it abutts property located at 10 Carpenter St.
A letter was received from the Planning Board stating that they did not feel
it was desirable for the area to permit additional violations of the current zoning
unless and until the area is rezoned, and suggesting that the variance be denied.
A letter in favor was received from Robert Margarian, of 337 Bridge St. No one
appeared in opposition to the 'petition.
The Board voted unanimously to grant the variance in accordance with plans
submitted,:�,. The Board found that the proposed use would be in harmony with the
business/industrial character of the area, and that to restrict the use of the
property-To uses permitted in R-2 Districts to be unrealistic, and also found that
it. could grant the variance requested without substantial detriment to the neighbor-
hood and without derogating from the intent of the Salem Zoning By-law.
VARIANCE .GRANTED �'•, t ^ �\
APPEAL FROM THIS Cal A`+. SH0.1 PZ --AOF PURSUANT To SECTI.ON 17 OF THE MASS.
CE::ERAL LAMS, C17,PTER °;3. L:.. S k,l_ :.E r:!_tl - UN 20 DAYS AFTER THE DATE OF FILING /G-Lfi4 22.G7�
OF THIS DFMSiG:; Ii: THE OF 3CE OF THE C;TY CLUX. Douglas copper
fENE ;;1. , CHAFTER 800 .. =1 i. 11, THE V MANCE OR SPECIAL PER!7.IT Acting Secretary
PU'�:'�"1T TO i.LASS. a At. ..". C fiTt:_
LLP.';fFD BfR�l i.. SHALL Nr^ i.'..E r iT .ai 1 r f`PY.,^,'rF.E ; I'i:. CZARnu T�iE
CERT-T'--,I LP THE C1.Y CLERI !1141. 20 CN.fS - / i:l BEEN FILED, -
IF SMAi AN APPEAL HAS GEE NLED H z
tD
IT ' -! DI--i SSED 04 IS
,gD IN THE SOUTH ESSEX P.c ISTRf OF UCDI. AND INDEXED UNDER [HE NANLE 0; THE 0:'RER
OF RECORD OR IS RECORDED AND NGTED ON THE O''n'MER'S CERTIFICATE OF TITLE. _
BOARD OF APPEAL _
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
.�� I C 7 _ VED DEi;EIrED �� =r# j.
CtU of Am, fflasq
7
s AN c6 Ze� I II 79
CITY G �rLiCE IIMrb 0{ MndCITY C_c:,�' - rticE /2 �9
SALEM. MASS. SALEA, MASS.
MAY 17, 1979
DECISION ON PETITION SUBMITTED BY WALTER SMITH, (OWNER) CONCERNING SALEM PLATING
CO. , LOCATED AT 48 BROADWAY (INDUSTRIAL DISTRICT).
A hearing on this petition was held on May 17, 1979 with the following members
of the Board of Appeals present: James Boulger, Chairman; Arthur LaBrecque;
Douglas Hopper; John Nutting; and Joseph Piemonte. Notices were sent postpaid
to abutters and others and duly published in the Salem Evening News on May 3,
and 10, 1979 in accordance with Mass. General Laws.
Atty. John Serafini represented the Petitioner before the Board to petition
for a Special Permit to extend a non-conforming structure to provide for
additional interior storage area and that the proposed addition is not unreasonable
in size. He stated that neighboring business has agreed to provide more parking
spaces if they are needed.
The Board voted to deny the petition requested. The Board noted that the question
of hardship was not proven in that the Petitioner had alternatives available to
him that were acceptable and that the lot was greatly undersized. The Board
found that it could not grant the Special Permit requested. without derogating
from the intent of the Salem Zoning Ordinances.
• SPECIAL PERMIT DENIED.
i e
es H. Boulger, Jr. dZ
Chairman
APPEAL FRO,.I THIS CECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE ImASS.
GENEtAL LAi:'S, CE.I:'FER 308. AND SHALL BE FILED ViiTWN 20 DAYS AFTER ME DATE OF FILING -
OF TWO DE_ISI_`N THE OFFICE OF THE CiTf CLERK.
PURSArT TJ t:'NERAL LAWS. CHAPTER 80.3• SECTIZN 11, THE C7.. S7SG:AL PERW41T
f.L HOT TAE EFFECT U`Jil A COPY CF THE DELI..!_ . ..... C'ERT•
i.Y: iOfN CF TN ,... :LERA THAT 20 DA'iS KNEE ELA?",_D ANO F:D APPU.L :i.'-3 S:ZS:-.';
OR THAT. IF 5,,,.. .... ,PPEA.L HAS BEEN FiLE..THAI ITHAS SEEN CIS.'45SSE3 CR CLa_D i3 - -
REOJ'QED IN TH_ 7. ;cH ESSEX REGI3FRY OF DEEDS AND NN'DEXED UNDER THE N;;LSE OF THE O'rINERJ -OF P.EGORD OR U P.E2:I80ED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. _
BOARD OF APPEAL-
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
a
RECEIVEO
8. (iia of stem, ga 'T9
� � � � AUGnuc c � �c r
F IItiT� IIf ' PMl CITI d1 t-h'S JrF ICE
SALE14, MASS.
JULY 13, 1979
DECISION ON THE PETITION OF WALTER M. SMITH CONCERNING PROPERTY LOCATED AT 48-50
BROADWAY (I- District)
A hearing on this Petition was held on July 13, 1979 with the following Board members
Present: James Boulger - Chairman; Arthur Labrecque; Douglas Hopper; John Nutting;
and Associate Member Joseph Piemonte. Notices were sent to abutters and others, and
duly published in the Salem Evening News on June 29, and July 6, 1979 in accordance
with Mass. General Laws, Chapter 808.
The petitioner originally came before the Board of May 17, 1979 requesting a Special
Permit for the construction of an addition that would reach the property side and
-rear lot lines, and parking spaces were provided on the lot. Said petition was denied.
The petition submitted at this hearing i6 for a variance from side line, rear line,
and maximum lot area coverage regulations so that the addition could be built up to
five feet from the rear line and up to five feet from the northerly sideline and cover.
. 53% of the lot. Parking will be provided on the abutting lot.
The Board found that the petition submitted to be substanially different. from the
original petition and voted unanimously to hear the petition as a new case.
Atty. John R. Serafini, Jr. represented the petitioner before the Board. He submitted
photographs of the area. He stated that Mr. Smith is a small business man who has been
in the area for 12 years. He stated that he needs more storage space and that it is
not feisable for him to add a second story to the building, as the building is an
older structure and was not designed to carry an extra story. He stated that the zoning
allowed 45% coverage of the lot and this will be 53%. Permanent off site parking has
bee arranged for on the land of Lionel Pelletier, who owns land directly to the rear
of Mr. Smith's property. A letter from Mr. Pelletier stating that he has agreed to
make available 12 parking spaces for Mr. Smith's rental, was filed. No one appeared
in opposition to the petition.
The Board voted unanimously to grant the variance requested, The Board found that
there was a hardship on the petitioner and that it could grant the variance requested
without substantial detriment to the neighborhood and without derogating from the
intent of the Salem Zoning By-law.
VARIANCES GRANTED
r. .L t'0 THIS D CKIO! I "! h ILL BE !.7ADF PURSUANT TO SECTION li OF THE 'A A$S.
uL Fii.,i I, HIN 20 LAYS AETEq Ti"r FATE 0 FILICIG Douglas Hopper
OF i.':S U Co,GN IN THE v I;G: ih THE CITY DURK. Acting Secretary
r'E'• ' l l I iFh . t - i I! TF V SI :C` C I G'Erl L F.^`lT -
I PI A COPi ni - -
'i ', it ^ .iL
Gr t . _I 5 fl° ! :.� 9 'F�_.� ) I ? 6 .a If EI nLED,
it Fr ...... Cr. Lv EO IS
'!J7 T ,- Sl1O'i it ES t REGI T,Ir, CF ;IT ,�� F':J I..[; J r LL' i� -. 'Ai.iE Or 1 E 0'.'1'iiER
_LG'JEJ Adw i;' i-O Oh ill! C:`/71tR S Uirt .;:ITE G6' TIFI E. -
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH Ti4E PLANNING BOARD AND THE CITY CLERK
V t '
f E Qa 2 All '�9 �[7rIT�t UT �1�2ti1
.. .CJ7i CE
SALEM. MASS, JANUARY 24, 1979
DECISION ON THE PETITION OF PASQUALE AND THERESA PEZZULLO CONCERNING PROPERTY
AT 9A BROOKS STREET LOCATED IN AN R-2 DISTRICT
A hearing on this Petition was held on January 24, 1979, with the following
Board Members present: Douglas Hopper, John Nutting, Joseph Piemonte and
Chairman James Boulger.
Notices were sent to abutters and others in accordance with Massachusetts
General Laws, Chapter 4.0A;• 7.
The Petitioners are requesting. a Special Permit to erect a single family
dwelling house on a parcel of land containing 50 feet of frontage and 4,500
square"feet of land.
Attorney George P. Vallis represented the Petitioners before the Board who
explained that the Petitioners acquired the parcel on January 25, 1974, and are
prevented from obtaining a building permit because their lot does not contain
the minimum area of 5,000 square feet as required by Section VIII (B) (2) of
the Zoning By-Laws. However, the lot is identical in size to most of the other
dots in the neighborhood on which houses have been previously built.
Councillor Steven Lovely appeared in favor of granting the Special Permit.
No one appeared in opposition.
The Board voted unanimously to grant the Special Permit. It found that the
lot is identical to many other lots in the immediate neighborhood and the
construction of a single family dwelling would in no way change the character of
the neighborhood and therefore relief could be granted without substantial
detriment to the surrounding neighborhood and would in no way nullify or sub-
stantially derogate from the intent and purpose of the Zoning Ordinance.
SPECIAL PERMIT GRANTED
APP-Al. FROM Lr Sllf L Sz ,9A9c PJ cG,',T TO SECTION 17 OF THE MASS.
CEINE L CI PTE? 48ANIO SHALL ttL_J le,-1:'P' 2q DAYS ArTER-THE DATE OF-FILING
OF THIS D_n L LI .THE rcICE Oi TIIE L!TY CER , .Zane T. Lundregan
P +T �'- 1 a CE ..'Sr lr S7.r Il, THE V . Secretary
.L PER-MIT f i rrc E' 4i -
Cr L,,1 h C °1 LF THE .CIS�IN., v ,, -IE CERT
r �L J OF f Cli(CLFR� f11. .i CNt r" i ° 1- } I' �PP_AL HAS BEEP PILFER
CR iH.i 1= t 4.,,r, APPEAL Pc S.3:E 1 ° c 9 t,% r L. a UISt ISSED GR GEiJE6 lE
P PI Ih fPE.S:]UTH ES EX PECISTRY Cf E93 Ai D I EXrU L O�R iH NA+sE OF THE 01'/NER
N RECORD OR IS RECORDED AND i,C1EU C J it1t OWNER'S_CERFIFICAIE OF TITLE.
. BOARD OF APPEAL
A COPY OF THIS-DECISION HAS-BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
r�'gl�
�kECLYP4
-CII`I .a o -'JrricE - -
SALEk.ihA$S.
JANUARY 24, 1979
DECISION ON THE PETITION OF SALVATORE AND ANGELINA SCIALDONE CONCERNING PROPERTY
AT 11 BROOKS STREET LOCATED IN AN R-2 DISTRICT
A hearing on this Petition was held on January 24, 1979, with the following
Board Members present: Douglas Hopper, John Nutting, Joseph Piemonte and
Chairman James Boulger.
Notices were sent to abutters and others in accordance with Massachusetts.
General Laws, Chapter 40A.
The Petitioners' are requesting Special Per"mit to erect a single family
dwelling house on .a parcel of land containing 50 feet of frontage and 4,500 square
feet of land. -
Attorney George P. Vallis represented the Petitioners before the Board who
explained that the Petitioners acquired the parcel on December 14, 1962, and are
prevented from obtaining a building permit because their lot does not contain the
• minimum area of 5,000 square feet as required by Section VIII (B) (2) of the
Zoning By-Laws. However, the lot is identical in size to most of the other lots
in the neighborhood on which houses have been previously built.
Councillor Steven Lovely appeared in favor of granting the Special Permit.
No one appeared in opposition.
The Board voted unanimously to grant the Special Permit, It found that the
lot is identical to many other lots in the immediate neighborhood and the construction
of a single family dwelling would in no way change the character of the neighborhood
and therefore relief could be granted without substantial detriment to the surround-
ing neighborhood and would in no way nullify or substantially derogate from the
intent and purpose of the Zoning Ordinance.
SPECIAL PERMIT GRANTED.
-
ne T. ;Lundregan
APPEAL FRO "-THI DECISION. IF A IY THAI L ° M PE JRS';ANT TO SECTION 17 OF THE MASS• ..SeCret ary -
� .:!T.W! 20 DAYS AFTER THE DATE OF GE."!c'AL LA,'/S. CHAPTEi2-E03, AND °HALL LE HL - -,
_ OF .TiN DECiMN IN'THE OFFICE Or.,TH,, CIiY CLE2X -
-PCRSf T TO PLASS Cc"?..L LA',%'3, CHA'TER �,°„SE:[I 11, TH[YASIAC._E-OR SPE AAL PERIAIT -
�,i_, 0 hE-_i;'!, SHALL J,:.' TAKIE °FF:CT 'i Ii:I A.CL'PY OF THE i L, G::•. :'13 THE CERT- - -
T1IECIEY CLLR{ T AT 20 Oi;S L.,4� L.,,;',.� ..,D fiO 'i .,i- HAS KEN FILED. --
+.-R: w I. I- s,,:;P A,I AP+:AL HAS B5S! F LE9IHA, IT HAS GLEN CIS :kD GR DE!itEO IS -
'.REi!"c -U IN T;iE SOUTH ESSEX FEGISTRY OF DEEDS-AND INIDEY.ED J 4DER mE i!„Jit OF THE 071NER
F._CO'I) OR IS RECORDED AND NOTED ON THE 017NER'S CERTIFICATE OF TITLE-
BOARD. OF APPEAL .- -
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
av,
curb ofPAS CIT i :,Lr. ; tt7F 0-
� ' SALEM, HASS.
SEPTEMBER 26, 1979
DECISION ON THE PETITION OF BERNARD J. MULLIGAN REQUESTING A VARIANCE FOR 89 CANAL ST_ -
Pursuant to a proper notice of public hearing, a public hearing was held on
September 26, 1979 on the petition of Mr. Bernard J. Mulligan requesting a variance
to use the second floor of the structure at 89 Canal Street as a center for Japanese
. Martial and Cultural Arts. The building in question is in a B-4 district. A
variance is required because there is no provision for this type of use in the
Zoning Ordinance.
The Board of Appeals, after consideration of the evidence presented at the
hearing and after viewing the site makes the. following findings of fact:
' The structure in question is in a B-4 zoning district. The area has a sub-
stantial amount of on and off-street parking in the immediate area.
On the basis of the above facts and the evidence presented at the public hearing,
the Board of Appeals concludes as follows:
(1) The property in question is well suited to the use which is contemplated
by the petitioner. The fact that the Zoning Ordinance does not provide
for the requested use presents unique circumstances which adversely affects
this property.
(2) The circumstances described above are unique to this structure in this
set of circumstances and do not generally affect the zoning district in
which the building is located.
(3) The unique circumstances described in Paragraph No. 1 present a substantial
hardship to the petitioner because without a variance this use cannot be
permitted anywhere in the City. r.
(4) The requested variance can be granted without substantial detriment to
the public good because the contemplated use is consistent with other
uses in a B-4 district.
(5) The requested relief may be granted without substantially derogating from
the intent and purpose of the Zoning Ordinance for the reasons stated in
Paragraph No. 4.
Therefore, the. Board of Appeals with Chairman Boulger and Messrs. Nutting,
LaBrecque, Piemonte and Feeherry voting unanimously in favor of granting the requested
relief, grant a variance to the petitioner on the following terms and conditions:
(1) The variance is granted for a two year period.
(2) Hours of classes at this center for the Japanese Martial and Cultural
Arts shall be limited to the hours 6:30 p.m. - 9:30 p.m. during weekday
evenings and 9:30 a.m. to 3:00 p.m. on Saturdays.
f ;
•.r J �, a=b of ApPe SALEM, MASS.
P
PAGE TWO - DECISION - BERNARD J. M[TLLIGAN - 89 CANAL STREET
(3) The size of classes at this center will be limited to 30 people.
(4) Paved parking for fifteen cars will be provided at the location.
Parking shall meet all of the requirements of Section Seven of the
Zoning Ordinance.
VARIANCE GRANTED WITH CONDITIONS
Atty. Anthony M. Feeherry
Acting Secretary
i$ RECORDED_ :.i10 i:W:u 1,:'c iF iE T;`.L�. -
60AR0 Of APPEAL - - -
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
,� ➢ l t/l T I �y �oZ
L
A Ctu of "'Mem, anachu�
J
Puar3 Vf
FEBRUARY 14, 1979
DECISION ON THE PETITION OF STERMAN REALTY TRUST., MARVIN STERMAN TRUSTEE, CONCERNING
PROPERTY LOCATED AT 130 CANAL STREET (INDUSTRIAL DISTRICT) .
A hearing was held on Wednesday, February 14, 1979 with the following members
of the Board present: Douglas Hopper, John Nutting, Joseph Piemonte and Arthur
LaBrecque. The Chairman, James Boulger, withdrew himself as a voting member and
appointed Edward Luzinski as a voting member. Notices for said hearing were sent
to the abutters and others and duly published in the Salem Evening News on
January 31 and February 7, 1979, in accordance with Mass. General Laws, Chapter 808.
Atty. Christopher Plunkett represented the Petitioner before the Board. The
Petitioner is seeking relief from land area requirement, frontage requirement,
and sideline requirement for the operation of a Taylor Rental business in a
building to be constructed, containing 3,280 square feet. The lot in question was
laid out by plan dated and recorded June 2, 1943 at which time it met the require-
ments of the Industrial Zone. The petitioner is presently located on Derby Street,
and wished to move to this location as his present lease expires in 1980. His .
direct abutters are Coastal Furniture and California Olive Oil. The proposed
structure will be a masonry block building, with 64 feet of frontage, 20 parking
spaces, and an entrance off Canal Street shared with Coastal Furniture.
The Petitioner submitted a plan showing proposed structure on the property.
Mr. Donald Michaud, owner of Salem Glass Co. , 75 -Canal Street, appeared in favor.
Joseph Turcotte, R-2 Lafayette Street appeared in favor. There was no opposition.
The Board voted unanimously to grant the variance for land area, frontage
and sideline requirements as shown on the plan submitted. The Board found that
it could grant the variance requested without substantial detriment to the neighbor-
hood and without derogating from the intent of the Salem Zoning By-law.
VARIANCE GRANTED
APPEAL FROk1 THIS CECISIDA, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE taASS- DouglaHopper �
GENERAL LAWS, CHAPTER 608, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE GATE OF FILING Acting Secretary
OF THIS DECIS!01'i 171 THE GFFiCE CF THE CITY CLERK. -
PURSANT TO MASS. CEN-RAL ! ?;S, CHAPTER 808. SECTION 11, THE VAEWNCE CR SPECLAL PEXIVIF
GRAN FED HEREIN. SHALL NOT IA E EF,:Ei;T U.'.T!L A COPY OF THE D_C!S!011. EEiv^,!7;G TF- CERT-
FICAT0'1 Of THE CITY CLERK ifi?:i 20 "A'.s ILAVE E101-1 NC APPEAL HAS FEEiI FILED.
CR THAT, IF SU::ii AN' APPEAL IIAS SEEN F01DIPAI a EAS PEEN 01-`Jf"ED CR DEN!ED IS
RECORDED III THE S^-!;H ESSEX RE';!STRY CF DMIS AitC !NOE,'.ED UNDER THE t;A:.',E CF THE Ci.NER
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE
I' ..
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
(,Ct01[t
Titg m, � az.ar4U0zft35
I of ttIr &ITy
uxxD rif Aps2rst
JANUARY 18, 1979
DECISION ON PETITION OF KARL AND BARBARA CYR CONCERLNING PROPERTY LOCATED AT
3 CARROLTON STREET (R-1 DISTRICT)
Hearing on this petition was held on December 27, 1978 and continued on
January 18, 1979 with Board Members Jane Lundregan, Douglas Hopper, James Boulger,
John Nutting and Joseph Piemonte present. Notices were sent to abutters and others
in accordance with Massachusetts General Laws, Chapter 40A.
The Petitioners represented themselves before the Board. They requested a
Special Permit to operate a one chair beauty shop, in the residence at 3 Carrolton
Street. They stated that there will be no traffic in connection with the beauty
salon, and that the business would be operated mostly on Friday and Saturday.
The Board voted to grant the Special Permit to allow the owner to opera te .a one
chair beauty shop with no other employees at 3 Carrolton Street, on Wednesday,
Friday and Saturday only. The required sign will be no larger than 12 inches by
8 inches, and the Special Permit will terminate with the sale of the property.
The Board felt that it could grant the Special Permit requested with these
restrictions without detriment to the surrounding neighborhood.
SPECIL PERMIT GRANTED - WITH RESTRICTIONS
Jane T. Lundregan f
Secretary
APPEAL FROM THIS DECISION, IF ANY. SRA!L BE i!ADE PURSUANT TO SECTION 17 OF THE 61ASS.
GENERAL LA-17S, CHk."-TE^ SOS. AND SHALL BE FILED MT; iN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECM0?I IN THE CFFiCE �;F THE CITY CLERK.
PURSA:`iT TO `."ASS. G :92'L 1. .."F.P..B E9;. SEf.Tif.id 11, THE 'dAR!Ar:CE OR SPECIAL PERMIT
U qq; to HEREIN. SHL F--,7, J';TL A C�F'f ,; iR rCl Cu. t- RING THE CERT-
PGATION Or THE Cli( C 4 E) J , iii } :� APPEAL HAS 5EEN FILED,OR 'LHAi. IF SCC- AN APPE.'.L HAS DE',. fq.°«":'6AI I'i E:.h: DIE-.i!SSED OR DEN!ED IS .
RECORDED IN THE SJUTH ESSEX BEG!S.R'i OF i_...5 A7",') 1e:D—XED UlIDER THE Nd ?E CP THE C'',"NER
OF RECORD OR IS RECORDED AND NOTED ON THE'CaNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL -
A COPY OF THIS DECISION HAS BEEN FILED WITH TIM PLANNING BOARD AND THE CITY CLERK.
75!1RECEIVED (Ldtu III "inkra� arizaL :$ iI � Nii '79 /(J
JUN 20 �� o� Ph '15
r l Poarb of Pill CITY
CITY SALEM. MASS. .
I.L�P.�\ .�. J�FtCE
SALEM, MAS S. MAY 17, 1979
DECISION ON PETITION SUBMITTED BY SALEM REDEVELOPMENT AUTHORITY & PASQUANNA
DEVELOPERS, INC., PARCEL RC-11B (B-5 DISTRICT) 20-24 CENTRAL STREET,
A hearing on. this petition was held May 17, 1979 with the following members of
the Board present: James H. Boulger, Chairman; Arthur LaBrecque; Douglas Hopper;
John Nutting and Associate Member Joseph Piemonte. Notices were sent postpaid
to abutters and others and duly published in the Salem Evening News on May 3,
and May 10, 1979 in accordance with Mass. General Laws.
Geroge Vallis, Attorney for the Salem Redevelopment Authority represented the
petitioners to erect a building containing 34 dwelling units with 29 parking
spaces provided in the basement of the building and containing commercial spaces
on the ground floor (first floor) and three stories above the first floor. The
proposed use does not meet the parking requirements, density regulations, lot
coverage, and front, side and rear yard setbacks.
The Board voted unanimously to grant the variances requested with the condition
that: 1.)The petitioners (owners) will arrange for additional parking as required
by the residents with the Salem Parking Garage; 2.) That the rubbish container be
located within an enclosure and kept clean.
The Board determined that granting this variance with the restrictions noted
would be in no way detrimental to the surrounding neighborhood, and would not
derogate substantially from the intent of the Salem Zoning By-law, A literal
enforcement of the provisions of the Zoning Ordinance or By-Law would involve
substantial hardship, with special conditions not applicable to other properties
in the district.
VARIANCES GRANTED WITH RESTRICTIONS
APPEAL MX" THIS DECISION, IF ANY. SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
CEN ,AL LA a CHAPTER M. AND SHALL BE F;LED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF TTi ° C JN 1:1 THE OFFICE OF THE CITY CLERK.
Y y
TO ;..,5. f°NtHAL L4' S Cr!x°'EZ 9.3, S .i I'J?I il. THE VA Ar'.._ OR ..SPECIAL PER':'IT Mmes H. BOu1geY, JY�Q
CRA.,.EJ ,.
... ...a ..,,..LL NT TARE EFFECT Ui:P.L A COPY CE TF1E Dc,^,:5.%. bZ?.' ..- iH£ CERT- Chairman
r.i;: Li NE CITY CLERK THAT 20 DAIS HAVE ELA.'-c-D "•.CJD NO APP°S,L HES E'_7N FI!ED,
OR THAT, IF SUCH AN APPEAL HAS BEEN FILE. THAT IF 1119S BEEN DIS ISSED CR DENIED IS
FZCC^.JED i:; THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NWI:E OF THE OVINER -or !Z'uRD OR IS RECORDED AND NOTED ON THE O'NNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL - -
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
4 � f
?� 111
J Puaxb of xl eaI
UEC Z8 1 27 PH '79
CITY Ccc it;'$ OFFICE
DECEMBER 19, 1979 SALEM, HASS.
DECISION ON THE PETITION OF PETER AND CAROL KATSARAKES REQUESTING A VARIANCE
FOR LOTS #517, #519, .and #521 CHERRY HILL AVENUE
A hearing on this Petition was held on December 19, .1979 with the
following Board Members present:" James H. Boulger, Jr,, Chairman, Messrs.
Nutting5 LaBrecque, Feeherry and Associate Member Luzinski. Notices of the '.
hearing were sent to abutters and a notice of the Bearing was published in
the Salem Evening News on December 5, 1979 and December 12, 1979, in accordance
with Massachusetts General Laws, Chapter 40A.
The Petitioners have requested a variance for the property designated
as Lots TF517, f519, and YP521 Cherry Hill Avenue to combine these thee lots
r
into two lots each containing approximately 12,000 square feet of area and
having 75 feet of frontage. A variance is required because the lots are
in an R-1 district where building lots must have 15,000 square feet of area
and 100 feet of frontage.
The Board of Appeals, after consideration of the evidence presented at
the public hearing makes the following findings of fact:
1. Previously each of the lots in question was under the then applicable
zoning laws, suitable for construction of a single family dwellings
in this R-1 district. Recent amendments to the zoning laws caused
these three lots to become a single lot.
2. The homes in the area surrounding these lots are, in general,
constructed upon lots smaller than 10,000 square feet with less than
100 feet of frontage.
On the basis of the above findings of fact, and the evidence presented at
the public hearing, the Board of Appeals concludes as follows:
1. The three lots in question, each of which was previously suitable
for construction of a single family dwelling, have become a single
lot by operation of law.
2. The conditions described above especially affect the land in question
but do not generally affect the zoning distric in which the building
is ;.ocate_,
3. The conditions described above affect the land in question, but not
the zoning district generally, cause the following special hardship;
Without a variance, the land in question cannot be developed in a
manner consistent with the surrounding neighborhood.
I Clu IT c��DXTT� C c S�tSL
RECEIVES)
;r
Dec 16 i 17 ?N '79
CITY Lcn::`5 OFFICE
SALEM. MASS.
PACE TWO - DECISION - PETER & CAROL KATSARAKES, LOTS 1517, V519, and fF521
CHERRY HILL AVENUE
L
4. The desired variance may be granted without substantial detriment
to the public good.
Therefore, the Board of Zoning Appeals by a 5-0 vote, approves the granting
of the requested relief, and grants a variance to the petitioners on the following
terms and conditions:
The three lots in question can, conditioned upon approval by the Planning
Board be combined in accordance with the plans submitted to this Board into
2 lots each with 75 feet of frontage and approximately12,000' square feet of
area.
GRANTED
Anthony 1- . Feeherry
'Acting Secretary
C. F;-4!-, 1:? C:.-
ase CY -
i- t !1 A r t .fit r 1
ru.,CITl I C.t r ? ? tS5 °tri D' -
CR Tlil: it -VCH AV e. YS r.! c 7. ci° �: 1 b' 9 CR
BE :. to
- .".O:C.p 1..4 P.- Su'Of.i E°.i.: i T r'
0� RSwRQ CR 1S RECCRJ:,, Ah.. .v_TcdTr.' -
Da:..n o ecel:-ECA1: Or T:TLF.
_...... _ @Oi:Rq uz
A COPY OF THIS DECISION HAS BEEN Fil—ED WT_TH T'rT . PLANING BOARD AND THE CITY CLERK
(jitg vfttl�m, rttsti�use#s
J
CII" _ ;FiCE
NOVEMBER 14, 1979 SALEM. HASS.
DECISION ON THE PETITION OF JAMES L. MUNROE CONCERNING PROPERTY LOCATED AT
20 CLIFTON AVENUE IN AN R-1 DISTRICT
A hearing on this petition was held on November 14, 1979 with the following Board
Members present: James Boulger, Jr. , Chairman; Douglas Hopper; John Nutting; -
Joseph Piemonte; and Edward Luzinski. Notice of the hearing was sent to abutters
and others and a notice of the hearing was published in the Salem Evening News
on October 31, and November 7, 1979 in accordancewith Massachusetts General
Laws, Chapter 40A.
The petitioner is seeking a variance to extend the carport at 20 Clifton Avenue.
This extension will leave a side yard of 4'-6" to 3'-4" at one point.
The contractor, Francis Swindell, 4 West Rd. , Danvers, represented himself and
the owner of the property,. James L. Munroe before the. Board.
The petitioner submitted pictures of the carport as it is now. He stated there
is a garage on the adjacent property and there is a common driveway for both
pieces of property. Considerable expense would be involved if the addition were
to be located on the opposite side due to the conditions such as trees and stone
walls.
No one appeared in opposition.
The Board voted unanimously to approve the variance requested. The Board found
that it could grant the variance without derogating from the intent of the Salem
Zoning Ordinance.
VARIANCE GRANTED
APPEAL FROM THIS DEC1S1Jf4, IF AfJY. SHALL BE N,P.
G Ic„nL LA:iS, CHAPTER EGB. A`!D SHALL c L DE PURSUANT TO r
O THIS DECISIJN IN THE E "- FJ EG SECTIO I7 OF THE MASS.
E GFFEC, - IVITHIN 20 DAYS AFTER THE DATE OF FILING
PLP'-q-"* OF THE CITY CLERH.
CRA' FED JiVPcJ{SSc CEN 4 -L -�� CRA TE 2;5. 1J, THE VARIAfICE OR _ .
F T SHALL E c SPECIAL PERMIT
! WI0 The CIYCeR rr nL.ACP°
CR THAT, IF 5) APPEAL
- ! r ho r TYE. rC qy gEARJN. THE CERT-
?.F ORDEU I J iHi t . APr NL '.' 1.. ACP }L HAS EEE ' -
SJUTH ESSEX. r LED 4 IT y � I ^Ia.r IS•i DEMED
FfIED,
wFRECORD JP IS RECORDED S IAND DGR C��!!ED IS �
GRD.D AND NOTED ON Ti; OViil R 1 +ncYEU Ui:pER THE NAME'OF THE
CERTIFICATE OF TITLE. OYiNER D011g1a5 Hopper .
Acting Secretary
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
1
C v � JUL cu 1 AIi 'i9 I.
CIT . ;, � :; ;.r f i L' � �f , 11'(
SALEM, MASS. SALEM, MASS.
Lam=
JUNE 20, 1979 ell /2
DECISION ON PETITION OF ROSARIO RICHARD; 9 COLLINS STREET (R-2 District)
A hearing on this Petition was held on June 20, 1979 with the following Board
Members present: James Boulger - Chairman; Arthur LaBrecque; Douglas Hopper;
John Nutting; and Associate Member Edward Luzinski. Notices were sent to
abutters and others, and duly published in the Salem Evening News on June 6,
and 13, 1979 in accordance with Mass. General Laws, Chapter 808. !
f
The Petitioner represented himself before the Board requesting a variance to
construct a second apartment in the existing house to be located on the second
floor.
The Board voted to grant the Variance to allow a second apartment in the
existing single family residence, also that a variance be granted from the
side yard requirements to allow for the stairs from the second floor. The
variance was granted with the following restriction: — That the exterior .
stairway from the second floor be covered.
VARIANCE GRANTED 141TIE RESTRICTION
r � .
7J='mes H. Boulger, Jr.
APPEAL FROM ,THIS DECISION, IF ANY. SHALL BE 14ADE PURSUANT TO SECTIO?! 17 OF THE MASS. - •rman
CE2:EPAL LN;JS. CIiAPTER 3:18. A^D SHALL BE F!Ej i?I FHiN 20 DAYS AFTER THE DATE OF FILING
OF T4IS GEC!-ON IN THE Or ?:E rF THE CITY CLERX.
..
c A GE'.: 4;ri. .' ' u - .I 11 of -AFIANi E ''z SPECIAL PERMIT
P} s T TS $S. 'CAL . i R i_. , . ! B t;::::: THE THE CERT-
�ot. SFiALt IIOi TAlE E ` ' 1 L!-i iLf b ;f 3- .1 APP-A
HAS BEEN FILED;
°r.'TV1% OF THE CITY CLERK THAT EL PA(S HAYSFLLf
IF S!.CH AN APPEAL Hf:S BEEN FILEE,D12A, IT h. S LE ! C' i.!�SED OR DENIED IS
P.Ei,OP0iO IN THE SOUTH ESSEX REGISTRY OF CECOS A.D INDEXED JNDER THE %A11E OF THE OWNER
Of PECDnD D$ IS Rr CORDEO AND NOTED ON THE OWiiEP.'$ CERTIFICATES OF TITLE. - -- - -
- - BOARD OF APPEAL "
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
•
---------- ------
�ri, 19 2 0° PIN
JANUARY 24. 1979 .
- DECISION ON THE PETITION OF WARREN RANTZ CONCERTING PROPERTY AT 19 COLUMBUS
AVENUE LOCATED IN AN R-1 DISTRICT
A hearing on this Petition was held on January 24, 1979, with the
following Board Members present: Douglas Hopper, John Nutting, Joseph
Piemonte and Chairman James Boulger. Notices were sent to abutters and
others, and duly published in the Salem Evening News on January 10 and
January 17, 1979, in accordance with Mass. General Laws, Chapter 808.
The petitioner represented himself before the Board. The petitioner
is requesting a variance to extend anon-conforming side line of 5 feet in
order to add to an existing 8 foot by 20 foot porch, to make a 14 foot by
20 foot family room. There are four people in the family and they need
. the extra space. The addition would include a fireplace.
No one appeared in favor or in opposition to the petition.
The Board voted unanimously to grant the variance. The Board:found
that there is a hardship and it could grant the variance without substantial
detriment to the surrounding neighborhood and without derogating from the
intent of the Salem Zoning By-laws.
VARIANCE GRANTED
APPEAL FP,O'.i THIS DECISION, if ANY. SHALL BE AIME PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LA';lS, CHAPTER. 6618, u,'O SHA_: BE FRED Y.'ITHIN 20 DAYS ATTER THE DATE OF FILING
OF THIS DECISION IN THE CFFrE .OF RE CITY CLE.'21(. Dougla,� Hopper
PURSAivT T'? n'ASS ;a' Pn P:T� !-, c - -f� 11 THE VARIANCE C3 SPE ! Actin Secreta
GRANTED h_RE:i:. SHALE h ' •::. i CAL PER`:ilT g Secretary
L A Cie" "F it ; B:aR'N6 THE C:2T-
FICAT:"uFl OF THE Cfil' CLcRf % 6-csL HAS BEEN FILED,
OR THAT, IF SUCH D,.3 AP ir;: >7 n i - �1 D SSLO OR DENIED IS
RECCP,CED 64 THE SuUIH �X' HES-; i 1 uc Jt c., :4D I;,,..ED LINOi_, THE NAME OF THE ONNER
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CIR IFIL ATE OF TITLE.
BOARD OF APPEAL' -
A COPY OF THIS DECISION HAS BEEN .FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
Vs*it of "ittlem, tt ��zcllu p #� r t: rr.1) / 9
29oarb of cAppeal Nov [7 23 AH '19
T�EU[IM1_�
CITY uFFICE
SEPTEMBER 12, 1979 SALEMIMASS.
DECISION ON THE PETITION OF DOUGLAS AND JOAN E. HOPPER REQUESTING A VARIANCE FOR
51 DEARBORN STREET (R-1 DISTRICT)
A hearing on this petition was held on September 12, 1979 with the following
Board Members present: James Boulger, Jr., Chairman; Arthur LaBrecque; John
Nutting; and Atty. Anthony Feeherry. Notice of the hearing was sent to abutters
and others and a notice of the hearing was published in the Salem Evening News
on August 29 and September 5, 1979 in accordance with Massachusetts General
Laws, Chapter 40A.
Douglas Hopper represented himself before the Board. The petitioners are
requesting a variance to reduce the side yard from 10 feet to 8 feet 6 inches
for the purpose of installing a' bay window. The petitioner presented plans
showing the proposed windows and stated that the neighbors are in accord. There
was no opposition.
The Board voted unanimously to g rant the variance requested. The Board found
that it could grant the variance without derogating from the intent of the
Zoning Ordinance.
VARIANCE GRANTED
APPEAL FROM THIS DECISION, IF A.M SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LAIVS, CHA?TEP. M. AS? zH`Ao BE r;lEi+ 17171ni;' 20 DAYS AFTER THE DATE OF FILING -
OF THIS DECISION IN THE F 76E CITY. CLEMi. - -
PUPSA PiT TO B,.ASS. SEiE?A! 6J1Wj e W?r,ER v:+'. StcTicd I I. THE VARiA!rCE CR SPECIAL PEWAIT
GRANTED HEP.Et N, SHALL cc 7HE CER a/
FICAI 101 OF THE Clif CLcn '6Mit zp pr+y6 Itnfr-kj4 p5,g, Nca -.:.,L HAS BEEN FILED, ()
OR THAT, IF SUCH AN APPEAL HA" CW(FILED ).TlMS 9t ) �ISSEO CR DENIED I ?? Q/»'..L?/
RECORDED IN THE SOUTH ESSEX P.EGIS;R7 of D!5CCS.W.P R O`E%ED L'iNDER THE NAME OFT gRH. Boulger, Jr. - v
OF RECORD OR IS RECORDED AND NOTED ON THE O VNER'S CERTIFICATE OF TITLE. Acting Secretary
BOARD OF APPEAL - -
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
aitu of ttlem gaSsarj Uoddgq I q it:07 ?H'i�
'•s P=br of LA"v l AL,EM,HaSStICf
JUNE 15, 1979
DECISION ON PETITION OF DANA AND DEBORAH BUTCHER 106 DERBY STREETB-1 DISTRICT
-
A hearing on this Petition was held on June 15, 1979 with the following Board
Members present: James Boulger - Chairman; Arthur LaBrecque; Douglas Hopper;
John Nutting; and Associate Member Joseph Piemonte. Notices were sent to
abutters and others, and duly published in the Salem Evening News on June 1,
and 8, 1979, in accordance with Mass. General Laws, Chapter 808. '
Deborah Butcher represented herself before the Board. She wishes to change
g
from one gift shop to three gift shops and will lease out two of the separate
gift shops and operate the third gift shop herself.
A variance was granted for this property on February 28, 1978 for use as a
sandwich shop or. office space or gift shop, without the required parking. At
that time a hardship was proven. This petition is not a hardship, and four
parking spaces will be required. Two abutters appeared in opposition to the
granting of the variance.
The Board voted unanimously to deny the petition. The Board found that it
could not grant said request without substantial detriment to the surrounding
neighborhood, and without derogating from the intent of the Salem Zoning
Ordinance in that it would increase the density of the area without parking.
No hardship was proven.
VARIANCE DENIED `
as H. Boulger, Jr rti
PURSUANT TO SECTION I7 OF THE MASS.
APPEAL FROM THIS DECISION, IF ANY. SHALL BE MADE airman - - -
GENERAL LA':MS. CHAPTER 803. AND SHALL BE FLED WITHIN 20 DAYS AFTER THE DATE OF FILING -
OF THIS DECISION IN THE OFFICE OF THE CTTY CLERK. - : -
PURSAF:T TO. BAS'S. ,".E i'-Rli'- L;t;;, ,^,li"�?'E'ER $74, SSC"TIvi! ll, THE VARIA."7CE OR SPECIAL PERMIT
CRANFN HEREIN, SIMM. 11;: , :''E EF;Ft:T WNTIL A 6:PT OF THE J`CiC!�::, 2EAVI! THE CERT- -
FICAT"N OF 1HE CIle CLE,d .i:A; 20 DAYS B;:Vi 'W'E. !_V, %:: APPEAL HAS BEEN FILED,
CR THAT. IF SUCH AN APPEAL B:.S GEz%' I4!'j1;!';A( IT '.. .._d DIS '.ISSEI) OR MMD IS -
RECOF:CGD He THE S<;UTH ESSEX RE7:ISFRY OF AND INDEXED UNDER THE NAME OF THE OVINER -
OF REG:RD OR IS RECORDED AND NOSED ON THE ChNEWS CERTIFICATE OF TITLE.
. BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Y , rLa I n clt 9 i Pvara of
C11 Y "l4lt JANUARY 18, 1979
SALM HASS.
DECISION ON THE PETITION OF. ROBERT BRAMBLE, TRUSTEE OF ALLYN REALTY TRUST
CONCERNING 'PROPERTY LOCATED AT 124 DERBY STREET, LOCATED IN A B-1 DISTRICT
A hearing on 'the petition was held on January 18, 1979, with the following
Board Members present: Jane Lundregan, Joseph Piemonte, Douglas Hopper, John
Nutting and James Boulger. Notices were sent to abutters and others in accordance
with Massachusetts General Laws, Chapter 40A.
The Petitioner requested a Special Permit which would permit him to alter
a non-conforming structure.
`.'Attorney George P. Vallis represented the Petitioner before the Board. ,It
was explained to the Board that' the building situated on the premises is presently
non-conforming because it does not meet the present density regulations of the
Salem Zoning Ordinance and that the building was constructed long prior to the
enactment of the Zoning Ordinances. The change proposed to be made, according to
the submitted plans, was the construction of a new pitched roof in place of the
present flat roof. It was submitted that the proposed change was more in character
with the surrounding buildings and a letter from the Salem Historical Commission
supporting the change was submitted to the Board. Also speaking in favor of the
petition was a representative of the Salem Planning Department. Two abutters of
the locus also appeared and spoke in favor of the petition: No one appeared in
opposition.
The Board voted to grant the Special Permit with Board Member, Jane Lundregan
abstaining, the vote being four in favor with none opposed.
The Board found that the proposed change and enlargement of the non-conforming
structure was minimal and a reasonable one which would not only improve the appearance
of the building, but would also contribute to the revitalization of the Derby Street
area and that the change could be made without substantial detriment to the surrounding
neighborhood and would in no way nullify or substantially derogate from the intent and
purpose of the Zoning Ordinance.
APPEAL FROal r�p� - �_...�r_-�.n..��.�.:. .
S "*--BTE.iDc.PUi SL'AN'T TO SECTION 17. OF THE MASS. -
-.GENERAL LAMS, CHAPTER 808.. AND SHALL SE FILEDIii:!i liJ 20 DAYS AFTER THE DATE-OF FILING -
OF ,Tr1;S..DECISION IN THE OrF E OF THE CIT! CLERq.
PURSAAT TO t' SS. GENERAL L> >, CHAPTER VS. Sd.r:.,.' 11, TM VAP,!A%CE O:J SPECIAL PERMHT --3-! '!-�`'�'
CRAJTED H 9 .SHALL NO! T. NE EFF CT Uri"TIL F COPY OF THEWCCISRIN, SE PIPI - THE CE?T- Jane T,. Lundre_ gan
-FIL.i )N OF THE CITY CLER4 MAT. 20 LIMS HA- EI; D.l i) u0 A!%PEAL HASReil FtCD, �eCretary.
OR THAT, I a� t.4 AN iWEAL HAS LEEN NLE,7}IIAi IT HAS L EN Pim :ISS U OR Dr. ' 0 IS _
RECORCED N THE SDUTH ESSEX RE'M Td! i1F C_.ua A"iD INtc ED UFiDdi rH. NAME OF Tiff-C'!liJER --
dF RECORD OR.13 RECORDED AND NOFED ON THE U."NER'S CEF.TIFICATE OF TITLE.
BOARD OF APPEAL _ ..
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
^ . Batu of 'Salem' fflaseathumts cITY
u BICE
a r SAlct•t. HAS
CITrICE
SALEM, HASS. , .�
FEBRUARY 14, 1979
DECISION ON PETITION OF UNITED ART GALLERIES, INC. CONCERNING PROPERTY AT 222-224
DERBY STREET LOCATED IN AN R-2 DISTRICT.
A hearing on this petition was held on February 14, 1979 with the following
Board Members present Douglas Hopper, Edward Luzinski, John Nutting, Arthur LaBrecque,
And Chairman James Boulger. Notices were sent to abutters and others and duly
published in the Salem Evening News on January 31, and February 7, 1979 in accordance
with Massachusetts General Laws, Chapter 40A..
The Petition requested a variance that would permit it to use the premises for
the purpose of converting the first floor of the premises from a two-apartment
dwelling unit to a retail art gallery and a variance from the parking requirements.
Attorney George P. Vallis represented the petitioner before the Board. It was
explained to the Board that the Petitioner had executed a Lease for five years with
option to renew for an additional five years of the entire first floor of the existing
building containing approximately 1,216 square feet for its use as an art gallery
selling art, paintings, frames, etc. and other retail merchandise and accessories which
Z , are naturally incident to the operation of a retail are gallery. The Board was
reminded that the premises prior to 1967 contained two commercial stores and that
a variance was granted in March of 1967 allowing the conversion into apartment units.
It was stated that it was difficult to maintain the residential use since such
a use is not characteristic of the immediate neighborhood and that the residential
units being located on the ground floor resulted in substantial turnovers due to the
fact that the constant foot traffic required the tenants to keep windows closed and
covered at all times. It was further pointed out to the Board that the proposed use
is a permitted use directly across the street and that adjacent properties were also
for commercial use.
No one appeared in opposition.
The Board voted unanimously to grant the variance permitting the proposed use.
It found that the proposed use as a retail art gallery is an appropriate use in
that area. It found that the proposed use would be beneficial to the neighborhood
and would result in a positive contribution to the change and revitalization of the
Derby Street area. Variance was also granted for parking requirements since the
proposed business would cater primarily to pedestrian traffic consisting mainly of
tourists and other visitors who would normally be in the area.
It was voted to grant the variance with the condition that any proposed changes
to the facade of the premises be submitted to the Salem Historic District Commission
. and the Design Review Board for their respective approvals prior to issuance of a
building permit.
CITY C K'S S, rIGE�8 7 1
SALE hr `MASS.
A�CLY"
CITY L _--. , LrFIGE
SALE"i, MASS.
PAGE U40 - DECISION UNITED ART GALLERIES, INC. - 222-224 DERBY STREET
VARIANCE GRANTED WITH CONDITIONS.
Douglas Hopper
Acting Secretary
APPEAL FROM THIS DECISION, iF AP!Y. SHALL BE MADE P!1RSDAPIT TO SECTI011 17 OF THE LY-Sg-
MNERAL LAWS, CHAPTER SOS, Af!D SHALL EE FILE,) :,•'lTHIN 20 DAYS AFTER THI D
ATE OF F IG
OF 'NI• DEC SiON IN THE OFFICE OF THE CITY C RL;.
. P SANT TO ---'ASS Iy IERAL li.;S CH KER SJ?. '1, HS VARA C= OR SPECIAL P ?I:IT
HEP.,1;;. SHALL NOT TAE CFS';;? .:',F'L f• Co ay .c+7u .]•:'-!i. BC'R 'IC �4E C-°T
- 'i rFi 011 OF HE CiTY CLERK 76,,i 20 D . _ r Ar E. tLp P>001a N0 •.P?::;L HrS BE,:' FI._ED, -
'.P 1H."•.T. IF SL'6H AR APPLAL HPS KE\ ED IS
R cr'n
L' T'?-- SOUTH ESSEX REG.o fir OF U°EL i - D -)„? TF NX.IE OF Tr E M;ER
OF RECORD OR 1, RECORDED AND NOTED X! Tae Dv.NER S CERiH:J 1TE OF TITLE -
BOARD OF APPEAL -
A COPY OF THIS DECISION HAS BEEN FILED KITH THE PLANNING BOARD AND THE CITY CLERK.
0 el/c
Ja 1 .
SALEM MASS. 29pmb Vf APWd CITY L.Ltri1'j UFFIC
SALEM. MASS.
JUNE 15. 1979
DECISION ON PETITION OF JOHN R. MEDEIROS, 42 DOW STREET (P,--3 District)
A hearing on this Petition was held on June 15, 1979, with the following .
Board Members present: James Boulger - Chairman; Arthur LaBrecque; Douglas
Hopper; John Nutting. Notices were sent to abutters and others, and duly
published in the Salem Evening News on June 1 and 8, 1979 in accordance
with Mass. General Laws, Chapter 808.
Mr. Mederios, represented himself as the Petitioner before the Board request-
ing permission to alter an existing two-family house, by the addition of a
third floor. apartment, without the required parking compelled by Section 7
of the Zoning By-law. The rooms on the third floor were used by the previous
owner as bedrooms for the second floor apartment. The land does not have
parking of any kind. He noted that there are vacant lots in the area which
could be used for parking, but he doesn't have permission to use them. He
was questioned about removing the back porch for parking, He replied that
it would provide room for 1 car only. There was no opposition.
The Board found that it could not support the petition because of the parking
situation. In order to obtain the approval the owner would have to provide on-
site parking for three apartments - lZ cars per apartment or 5 parking spaces.
The Board on request of the Petitioner, moved the petitioner be given leave '
to withdraw the petition without prejudice.
LEAVE TO WITHDRAW VOTED UNANIMOUSLY
APPEAL F-MA THIS DECISION, IF ANY. SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS. James H. Boulger, J w
GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING hairman
CF THIS DECiSICN IN THE OFFICE OF THE CITY CLERK.
K*r'.!ANT TO '.:ACS. •'l ENc;UL't4,NS. CHAPTER 823. S'_0T!,,)N 11, THE VAPIANCE OR SPECIAL PERMIT
fA-*ri-i; HERci N. SHALL NG1 TAPE EFFEoT UNTIL A COP'. OF THEOEC!SI':N. SEARNI:: THE CERT-
A;i.-A
ERT-A;i.-A f:f IHE Cl.-',* CLER;1 THAT 2,7 1)MS HAV; 'LA?SE'% +%0 ?:0 APP.-AL HAS SEEN FILED, -
:
If S:R'K AN APPLAL HAS BEEN Flt ED7FiA'i Ii 2E el'"iSJED CR DENIED IS -
R',.%'d+ Eb I". 'HE SuJi1I ESSEX RE_ISII:Y OF UKEL; ARD IP:;iCi,ED VRCER THZ NA ',E OF THE OWNER
OF RECUR) OR IS RE, RDEO AND NOIEO ON IHE UVINER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
4 E 11 17,
H�•W^ Tt, IIHI L {J CS 211J 'T
Qlttof 'Salem' ttvsac4use }
F '3'c SALEM, MASS.
s
sxr3 of AyptA
APRIL 25, 1979
DECISION ON THE PETITION OF JOHN M. COLLINS & RALPH J. SCHLAVONE D/B/A NORTH
SHORE AUTO CLINIC, 43 ESSEX STREET (R-2 DISTRICT)
A hearing on this Petition was held on April 25, 1979, with the following
Board Members present: James Boulger, Chairman, Jane Lundregan, Douglas Hopper,
John Nutting and Associate Members Joseph Piemonte and Edward Luzinski. Notices
were sent to abutters and others, and duly published in the Salem Evening News
on April 11 and 18, 1979 in accordance with Mass. General Laws, Chapter 808,
Atty. George Vallis represented the petitioners before the Board. The
petitioners are requesting a Special Permit to sell previously owned automobiles
on the premises, presently used as a gas station and garage for automobile repairs.
The petitioners do a very low volume gas business. The bulk of their work is
repairing cars and they have many customers who come in for repair and then ask
., if they could leave their car to be sold.
Evidence was presented at the hearing that the area is a very congested area,
where there already exists parking problems. Cars parking on the street at times
block a private way across the street.
The Board voted to deny the Special Permit requested to extend the non-conforming
use. The Board found that it could not grant said Special Permit.without detriment
to the surrounding neighborhood. The Board noted that the lot is a very small lot
and is presently being used to capacity. They felt that any increase in the use
of the lot would be harmful to the neighborhood.
SPECIAL PERMIT DENIED
APPEAL F�.fi.'.^. Ti!iS D"cCi:!Oi:, rF A>1Y. S!iP:LL RE -.10-- PURSUANT TO SECTION 0 OF THE hrASS.
CE('i 4i:YS. Cr:U L' Y.!:?. .:V.'t 11E F::°C 20 DAYS AFTER THE DATE OF FILING Jane T. Lundregan
DF Tris iu_ s!.',1 !;; T:iE :r! E ^F Tit:. Clic c!ERv_ Secretary
TF:' :;,s.t. e_ :1:.L rEa 'iT
1;J!'A A
FIGP.T
CR 1HAT. IF J4�11 AF Wi ! k.'r r -..1 !.t`O. -e 1 v ..'. .:
R ECi4.DED !.1 Tri: 9PJ'.NL.--.JE.. RES!Sr.Y 4* _:.i:S AND IiX_'ED U'X-P.. TriE :F 41ii Gi TrE O&.'fl
OF RECORD OR IS R. CORDED P..<D NOTED 0 ME 0'.7';M'S CER"iIMME OF 11;LE.
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
UJAM
AT of '5nfeza9 Passaripse S
AIR SQL( 14, HASS.
JANUARY 18, 1979
DECISION ON PETITION OF R. W. CARLSON, ASSOC. INC. FOR BRICK BLOCK REALTY TRUST,
TIMOTHY HAVEN CONCERNING PROPERTY LOCATED AT 105-107 ESSEX STREET (4 UNION ST.)
Hearing on this petition was held on December 27, 1978 and continued on January 18,
1979, with Board Members Jane Lundregan, Douglas Hopper, James Boulger, John
Nutting and Joseph Piemonte present. Notices were sent to abutters and others in
accordance with Massachusetts General Laws, Chapter 40A.
Atty, John McNamanra represented the petitioner before the Board. The petitioner
is requesting a Special Permit on the property located at 105-107 Essex Street
to allow the use of the first floor as a. retail store to sell stoves. The property
was previously used as a non-conforming use as a pottery studio. The history
of the property has been retail use for many years. There will be no interior
changes to the building, and no repair work will be done on the premises. The
stoves are for display only.
The Board voted to grant the Special Permit requested. The Board felt that the
• proposed use is in no way detrimental to the surrounding neighborhood and is as
appropriate as the previous comnercial use. The Board found it could grant the
Special Permit requested without detriment to the surrounding neighborhood,
SPECIAL PERMIT GRANTED * hVnt
(Jane T. Lundregan
Secretary
APPEAL FROM THIS DECISION, IF ANY. SHALL BE rAADE PURSUANT TO SECTION 17 OF THE MASS. -
.� FILED WITHIN 20 DAYS AFTER THE DATE OF FILUM
GENERAL LAWS, CHAPTER 808. AND SHALL BE
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. SPECIAL PER'.?IT
PURSANT TO ',,!ASS. GENERAL LAYi S, CiIAPFER 8n8, SECTION 11. THE VARIANCE OR I'L
GRANTED HEREIN. SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION. DEARIN6 THC .;6- -
FICATION OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS M`_!. L`D.
OR THAT. IF SUCH AN APPEAL HAS BEEN FILEbTHAT IT HAS BEEN DISMISSED OR DEW'D IS
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS' AND INDEXED UNDER THE 1,A;4E OF THE O:i PIER
OF RECORD OR IS RECORDED AND NOTED ON THE OVIFIER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED 'UITH THE PLANNING BOARD AND THE CITY CLERK.
Of
DEC i z; r �79
CITY
DECEMBER 19, 1979 SAL& MASS.
DECISION ON THE PETITION 'OF HERBERT TIESTON, REQUESTING A .SPECIAL PERMIT
FOR 3917391 ESSEX STREET.
A hearing on this Petition was held on December 19, 1979 with the
following Board Members present: James H. Boulger, Jr,, Chairman; Messrs.
Nutting, LaBrecque; Feeherry and Associate Member Luzinski. Notice of the .
hearing was sent to abutters and others and a notice of the hearing was
published in the Salem Evening News on December 5, 1979 and December 12, 1979,,
in accordance with Massachusetts General Laws Chapter 40A.
The Petitioner has. requested a .Special Permit to extend .a non-conforming
_ structure at 391-391 Essex Street by the addition of a dormer to the third
floor of the existing building. The dormer will add a bedroom to .the structure .
but, the building will remain as a two family dwelling. -
The property is within an R-2 district. The existing building is a non-
conforming structure by virtue of the fact that it is atwo-family home together
with a commercial use.
The provision of the Salem Zoning Ordinance which is applicable to this
request for a Special Permit is Section V B' 10, which provides as follows:
Norwithstanding anything to the contrary appearing in this Ordinance,
the Board of Appeals may, in accordance with the procedure and conditions
set forth in Section VIII E and IX D, grant Special Permits for altera-
tions and reconstruction of nonconforming structures, and for changes, .
enlargement, extension or expansion of nonconforming lots, land, structures,
and uses, provided, however, that such change, extension, enlargement or expan-
sion shall not be substantially more detrimental than the existing non
conforming.use to the neighborhood, nor shall this paragraph apply to bill-
boards, signs, or other advertising devices.
In more general terms, this Board is, when reviewing Special Permit requests,
guided by the rule that a Special Permit request may be granted upon a finding
by the-Board that the grant of the Special Permit will not adversely affect the.
public health, safety, convenience and welfare of the City's inhabitants.
'i:: e Board, after considering the evidence at the hearing on this matter,
z:Zkes the fo11a-,iag findings of fact:
1. The proposed addition of a dormer to the third floor of this property
has been reviewed by the Salem Historical Commission and the Commission
has approved the Petitioner's plans with certain modifications which are
+ included in plans submitted to this Board.
2. The dormer-An question will not adversely affect the right of privacy
of any of the abutters.
3 ?3 ! nE . ..NI_C
CITY -,..t a jrFICE '
SALEM, MASS.
PAGE Two - DECISION - HERBERT WESTON, 391-3912 ESSEX STREET
3. The addition of a dormer to the property does not constitute an .
extension of the nonconforming use of the property but only an
extension of the size of the property. After the addition of the
dormer the property will continue to be a;two family dwelling.
On the basis of the above findings of fact and on the evidence presented
at the public hearing, the Board of Appeals finds (i) that the proposed
addition to the property will not be substantially more detrimental to the
neighborhood than-the existing structure, (ii) that the proposed addition
to the property will not adversely impact upon the public health, safety,
convenience, and welfare of the City's inhabitants, and (iii) that the
proposed addition to the property is in harmony with the Salem Zoning
Ordinance. Accordingly, the Board approves by a vote of 5-0 the granting
of a Special Permit to the Petitioners.
The Special Permit is therefore granted in accordance with the following
terms and conditions:
1. All construction shall be in accordance with the plans submitted
to this Board and approved by the Salem Historical Commission.
2. The property in question shall remain as a two-family structure.
GRANTED // ff
✓r x
Anthony M.ot.eeherry
Acting Secretary
APPEAL FRONT THIS DECISION, IF ANY. SHALL BE NIADE PURSUANT TO SECTION 17 OF THE "ASS.
CEilER.4! !AYtS, CHrL ..n MI. AND SHALL BE F!'t'_O �'ITH!tl :,0 GAYS AFTER THE DATE OF FILING -
OF THiS CEC!S!'�i. ,[Ei -F:': E OF THE MY CLERK.
Pn A'!T TO r .:j L=AsReL i-I.�US t S . . "r !:. Til_ VH5 t O.
FIC_ i._: C"..� C)7"Y.:G E/it TYAT.Ii b,`V:.- ,._ . __� ','S9 u_ -_�.� 1N SEE!;
CR
P .17E., . :t/- je ✓6:-.Y .,ar, tyy '� _ _. _ HE 0 ia_ 0.7,—X..
uF r,E.., c:,; ufi�._c3:DoL+,,.,_ .._..J _ a �_ .. ��•C ;TLE. -
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLAYMYC BOARD AND THE CITY CLERP
Juf LbL GH 'I9Ctg of gatem, a
d�
SALEM, MASS. Poarb d ( "tz I
MAY 23, 1979
DECISION ON PETITION SUBMITTED BY FRANK LITWIN CONCERNING PROPERTY LOCATED AT
402 ESSEX ,STREET (R-2 & B-1 Districts).
A hearing on this petition was held May 23, 1979 with the following members of
the Board present: James Boulger, Chairman; Arthur LaBrecque, Douglas Hopper,
Joseph Piemonte, and John Nutting. Notices were sent postpaid to abutters and
others and duly published in the Salem Evening News on May 9 and 16, 1979 in
accordance with Mass. General Laws.
Atty. Timothy Davern, represented the Petitioner before the Board to make legal
a condition that has existed for 10 years, namely, 1.)A Special Permit allowing
lot B (R-2 District) for continued use for parking and to be combined Lot B with
Lot D. 2.) Lot A has a residence on it, (for which the Owner has a purchase and
sales agreement). And request a variance from density regulations (R-2 District) ,
this will allow them to divide the land legally. There was no opposition..
The Board voted to grant the Special Permit on Lot B, for the requested parking,
with the following restrictions that the lot be used for parking of operational
vehicles 'only, no dead storage, no trucks, no wrecks or damaged cars. Also,
the Board voted a Variance on the density requirement on Lot A to allow it to
remain residential.
The Board found that it could grant both the Special Permit and the Variance
requested, and that desirable relief may be granted without substantial detriment
to the surrounding neighborhood due to the special conditions affecting the
particular parcel of land,- Lot B- used as parking for the past 10 years, but
not affecting generally the Zoning District.
That this would not substantially derogate from the intent or purpose of such
zoning ordinance or by-law. Also that enforcement of the provisions of the zoning
ordinance of by-law would involve substantial hardship, financial, to the appellant.
Not allowing the parking on Lot "B" would be a hardship to the local residents who
presently use the lot for winter parking.
SPECIAL PERMIT (Lot B) and VARIANCE (Lot A) GRANTED
•:.��.`:;�����:��•:;;:���:�pyx-::;:
A7PEAL FP.O'rl THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS. -
GE:IERAL LAMS, CH..SPTER 808. AND SHALL BE FILED ViITHIN 20 DAYS AFTER THE DATE OF FILING
Gr THIS D C!W I THE OFFICE OF THE CITY CLER.(.
FJ'.SAiIT .0 MASS. Gr';'_RAL Lk CFA: ER FC?, SE:.TUN 11 THE VARIANCE OR SPECIAL PERMIT James H. Boulger, Jr.
GSANIED HEREIN. S:.,.L !.,,T T:,.-E EF ..i 6".i;L A CG"Y G1 THE CERT'
FICA.TIJN OF THE CIT? CLER5 Ti'. '.9 i2„$ ;',?'i; tL:FS"D :.i:0 I'MAPPEAL HAS GEEH FILED, Chairman
CR THAT, IF SUCH Al! APPEAL HAS [E'N FYE. THi o IT iif.j 2,iN D;$',iSSE!1 0' CENIEO IS
RECORDED IN THE SOUTH ESSEX REOISIRY C; DE:DS AND IN;:EXED UYDE3 THE N,A'ME OF THE O'L'NER
OF RECORD OR 1S RECORDED AND NUTED ON THE (WNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
moi-?7 .��.�� , �,�� ass
ofttl�m, �zs��ztz �tt��fc;:,vro
P.aarb of Nov i� j 23 NNt '�9
-
CI�I6 ori10E
SALEH. HASS-
NOVEMBER 14, 1979
DECISION ON THE PETITION OF NONDAS AND ADAMANTIA LAGONAKIS CONCERNING PROPERTY
LOCATED AT 30 FAIRVIEW ROAD IN AN R-1 DISTRICT,
A hearingon this 1
petition was held on November 14, 1979 with the following Board
Members present: James Boulger, Jr., Chairman; Douglas Hopper; John Nutting; Joseph
Piemonte; and Edward Luzinski. Notice of the hearing was sent to abutters and others
and a notice of the hearing was published in the Salem Evening News on October 31,
and November 7, 1979 in accordance with Massachusetts' General Laws, Chapter 40A.
The petitioner is seeking a variance to construct a one-story brick and wood
addition and open sundeck which will leave a side yard of 4'6" at one point and a
rear yard of 2716". Atty. George Vallis represented the petitioners before the
Board. He stated this property is much higher than the abutting property and with
the addition there will be close to 50 feet building to building. The area is
solid ledge and no one could ever build there. He stated that the petitioners
have had 2 additional children since moving into this house, he has his mother
and father-in-law living with him, and one of them is in a wheelchair and they
wish to install a bathroom in the lower level of. the .addition, the roof of which
will be a sun deck.
The petitioner submitted plans of the proposed addition. Mrs. Alice Connelly,
8 Fairview Road, an immediate abutter appeared in favor. There was no opposition.
The Board voted unanimously to grant the variance for the proposed addition, with
a 41 6 set back from the east lot line and a 2710"setback from the Connelly
property, line. The Board found that it could grant the variance due to the
hardship of the petitioner and that the granting would not derogate from the
intent of the Salem Zoning Ordinance.
VARIANCE GRANTED
APPEAL FRO" THIS DECI;IO.^I. IF A:4Y. SHALL BE FIA.DE PURSUA:`IT TO SECTIO'{ 17 OF THE MASS. -
CENERAL LA+,'1S. CIAPTER 82. AiND SHALL " 0ED /;T9!H 20 DAPS AFTER 7HE DATE OF FILING
OF THIS DECIS!CN I'N TH; 4,FF1::E CF THE CITE CLERK. - -
PUPSANi TO '.'ASS. GEC RAT C^ 1 C . -r t t'. , c RI .
GR INT"EO HERE10. SHALL r E r T-��+ L ? ', THE VARIANCE OR !3 „IAL - -
Ti"vN OF THEy i. 11:HE C--RT-
FICA
CI CLER{ � \� J v a i v R
OR NAT, + SLCH AN APPEAL 3 c�� A I ! 4R- °! FP ED
b 1 R VEMED IS
P.ECORDED IN THE SOUTH ESSEX h_ !SiP/ C- DLL D IS I.ND + .0 UNDER M7_ +i L:E OF THE 017NEBDOL1gla5 Hopper �c
OF RECORD OR {S RECORDED AND NOTED ON THE OJINER'S CERTIFICATE OF TITLE. Acting Secretary
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK,
RECEIVE X19
(tai#g of obttlem, ttstttQ##'n ct t3 12 12 PH 179.
CITY CLc 'S 0MCE
�., c 2=--b of Mfd SALEM. MASS.
OCTOBER 17, 1979
DECISION ON THE PETITION OF MR. AND MRS. RAVED PREMAN REQUESTING A_ VARIANCE FOR
95-97 FEDERAL STREET
A hearing on this petition was held on October 17, 1979:-with the following
Board Members present: James H. Boulger, Jr. , Chairman, Douglas Hopper, John
Nutting, Anthony M. Feeherry and Associate Member Joseph Piemonte. Notice of the
hearing was sent to abutters and others and a notice of the hearing was published
in the Salem Evening News on October 3, 1979 and October 10, 1979 in accordance
with Massachusetts General Laws Chapter 40A.
The Petition of Mr. and Mrs. Preman requests a variance to add a third floor
apartment to an existing two-family house at 95-97 Federal Street. A variance is
required because the building is in an R-2 district where the proposed use is
prohibited.
The Board of Appeals, after consideration of the evidence presented at the
public hearing and after viewing the property makes the following findings of
fact:
(1) The property in question was purchased by the Petitioners approximately
a year and one half ago for $67,000. Since the time of .that purchase,
the property has been utilized as a two-family unit.
(2) The property was previously used as a nursing home; however, it had
been vacant for approximately two years before being purchased by the
_ Petitioners.
(3) The home is situated in a Historic District and is in close proximity
to many other will-maintained restored homes of similar if not identical
size and configuration. Many of the homes in the immediate area could
like the property in question, be easily converted to multi-family .
dwellings.
.,(4) The proposed addition of a third-floor apartment to this property was
both supported by and opposed by different groups of neighbors and
abutters.
On the basis of the above findings of fact, and other evidence presented at
the public hearing, the Board of Appeals concludes as follows:
A. The Petitioners failed to -establish circumstances relating to the land
or structure at 95-97 Federal Street which affect that property but do
not generally affectthe zoning district in which the property is located.
B. The Petitioners failed to establish that a literal enforcement of the
provisions of the Salem Zoning Ordinance as applied to 95-97 Federal Street
would involve substantial hardship to the Petitioners and
REri_IVic0
(9itV of 5alaa, cj, IZ 12 Ph '75
R
PDnTbr of Appeal CITY yi,ct<-:'S OFriCk
SALm 1405.
DECISION - MR. & MRS. DAVID PREMAN - 95-97 FEDERAL STREET PAGE TWO
C. The Petitioners failed to establish that the requested variance could
be granted without substantial detriment to the public good and without nullify
iug or substantially derogating from the intent and purposes of the Salem Ordinance.
Therefore, the Board of Zoning Appeals with Chairman Boulger, Mr. Hopper,
and Mr. Feeherry voting in opposit}}-x n to the granting of the requested relief,
Mr. Piemonte voting to grant the i riance and Mr. Nutting voting present, denies
a variance to the Petitioners.
VARIANCE DENIED
Atty. Antony M. Feeherry
• Acting Secretary
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS. -
GENERAL LAWS. CHAPTER 805, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING -OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. -
PURSANT-TO VASS. GENERAL LAIRS. CHAPTER 808, SECTION 11, THE VAR!ANCE OR SPECIAL PERMIT -
GRANTED HEREIN, SHALL H:)l TAKE EFF<CT UNTIL A COPY OF THE DECIS1,01N. BEARD., THE CERT- -
FICATION OF THE CITY CLERK YHAT 2O DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED, - -OR THAT, IF SUCH AN APPEAL HAS BEEN FILEDTHAT IT HAS BEEN DISiLIS:ZD OR DENIED IS
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS ANDINDEXEDUNDER THE NAME OF THE OWNER
-- OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE
- - - - BOARD OF APPEAL - -
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERIC
�•(/X.D1 REL'
Tite of 5211* consear4usetts
28M=b Vf Med CITY C:tn--,'S uF FICE
SALEMMASS.
JULY 13, 1979
DECISION ON THE PETITION OF ROBERT AND BETTY J. SWEENEY CONCERNING PROPERTY LOCATED,
AT 217 FORT AVENUE (R-C District)
A hearing on this Petition was held on July 13, 1979 with the following Board members
present: James Boulger - Chairman; Arthur LaBrecque; Douglas Hopper; John Nutting;
and Associate Member Joseph Piemonte. Notices were sent to abutters and others, and
duly published in the Salem Evening News on June 29, 1979 and July 6, 1979 in accordance
with Mass. General Laws, Chapter .808.
The petitioners are requesting a Special Permit to operate their retail business
in a temporary. trailer adjacent to the Salem Willows Pier, until such time as the
City makes a decision as to the rebuilding of a structure on the new pier. They
operate a gift shop and boat rental business from the building that was on the
entrance of the old pier for 40 years. The trailer would operate May thru September .
after which the trailer would be taken out of the park until the next season.
John Ahern, Chairman of the Park Commissioners appeared and spoke in favor of the
petition. He stated that the Board of Park Commissioners are very much in favor
of this petition, that the Sweeney family has been an institution at Salem Willows
and they are a detriment to vandalism. He stated that he does not know what will
happen relative to reconstruction of the building - they have no money to rebuild at
present.
Approximately 50. people present at the hearing indicated their approval of the petition.
No one appeared in opposition.
The Board voted unanimously to grant the Special Permit for the operation of the
business in the temporary trailer for 5 months of each year for 2 years (1979 and 1980) .
The Board found that it could grant the Special Permit without substantial detriment
to the neighborhood and without derogating from the intent of the Salem Zoning By-law.
SPECIAL PERMIT GRANTED
APPEAL FROTH THIS DECISION, IF ANY. SHALL BE M.ADE PURSUANT TO SECTION 17 OF THE MASS. 9/
GENERAL 'AIWS, CHAPTER 803• AND SHALL K FILED D :.ItiilF! 20 DAYS AFTER THE-DATE OF FILING <�"' �'�✓
pHopper
OF THIS DECISION IN THE GFk.E OF ThDougla1
E CITY CLERK. - /
PURS HT TO FI:TSS. CEt,ERA' LAi;S. CHA?iEP. SCE, SECT:^N 11. THE VARIANCE CR SPECIAL PERNI, ACtln Secretary
GRAIIIED HEREIN. SHALL NJi TAKE EFFECT UNTIL A COPY OF THE CECISID7, OEABfi:G THE CERT- � -
FIGAFION OF IHE CITY CLERK !NAT 20 Diil" FCviE ELFPSE:? F.N0 1;0 APPEAL HAS BEEN FILED, -
IHnT, IF SUCH AN APPEAL HAS BEEN FILE. IIIA, IF H;.S GEEN
D0,!ISSED O3 DENIED IS -
*�,DED IN THE SOUTH ESSEX REOIJFRY OF DEEDS ANO INDEXED UNDER THE NAI+iE OF THE OVINER -
OF RECORD OR IS RECORDED AND NOTED ON THE OVINEP.'S CERTIFICATE OF TITLE.
BOA$D OF APPEAL.
A COPY OF THIS DECISION HAS BEEN FILED 14ITII THE PLANNING BOARD AND THE CITY CLERK
A
RE C,7:yt
of $atera, AuG c Ol
s �61T.Y-GLErs.n hr4�E
JULY 13. 1979
DECISION ON THE PETITION OF JOHN WOMACK CONCERNING PROPERTY LOCATED AT 53 GALLOWS
HILL ROAD (R-1 District)
A hearing on this Petition was held on June 20, 1979 and continued oa July 133, 1979
with the following Board members present; James Boulger - Chairman; Arthur LaBrecque;
Douglas Hopper; John Nutting and Associate Member. Edward Luzinski. Notices were
sent to abutters and others and duly published in the Salem Evening News on June 6e,
and June 13,1979 in accordance with Mass. General Laws, Chapter 808.
At the hearing on June 20, 1979 the Board requested that the petitioner submit
additional plans and drawings. On July 13, 1979 the hearing was continued. .
Mr. Womack represented himself before the Board. The petitioner is requesting a
variance to reduce the side yard to 516" in order to build a 20'x2416" garage with
room above attached to his house. The room above the
Ira e
g g includes a bathroom
and will be used by the petitioner's mother.
Mrs. Adlee Hodges, 51 Gallows Hill Rd., the abutter on the side the addition would
be put, appeared and spoke in favor. She stated that there will be no blockage of
the sunlight to her house and the addition would. prevent the neighborhood children
from playing ball in this space, which would be better for the neighborhood. There
was no opposition.
The Board voted unanimously to grant the variance requested. The Board found that
the distance between the garage addition and structure located on adjacent property
to be sufficient room for Fire Department trucks. The Board also found that due to
the topography of the land, an other location for the garage Y g r ge to be impractical.
and that it could grant the variance requested q without substantial detriment to the
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 - -
GENERAL LASIS C9APTER 803 AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING -
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PufS''IT TO MASS. CENFRAL. LAYS. CHAPTER SOB, SECTI;,'N 11 THE VARIANCE OR SPECIAL PERMIT
cR,kI.[ED HEREIN, SHALL N01 IAEF EF-.;I WITa A COP`( OF TH_9-C!SVNI EEARIIIS THE CERT- Dougla Hoppper
FICATION OF THE CITY CLER-K THAT 20 DAYS HAJE ELA?CED :'.ND NO APPEAL HAS BEEN FILED, Acting Secretary
OR THAT, IF SUCH AN APPEAL H:S BEEN FILEDTHAT 1T NAS SEE7. DISMASSED OR DENIED IS - - - -
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE DWI ER ..
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
RECEIVED 3,�
j - �m� Titg of "12dem, nssrxcclju t0j
`;/ p ,SUN ZU IC 05 F ' 'g pant of ad ' CYTT EF,n'� JrFiCE
ISO � SALEH. HASS.
LEc k YCY
SALEK,KAM MAY 17. - MAY 23, 1979
DECISION ON PETITION SUBMITTED BY ROBERT C. WILBUR, GERALD FANDETTI AND DOUGLAS
BELL d/b/a SALEM TOWN HOUSES. (R-2 DISTRICT)- 31-37 UNION ST. & 13-15-18 HERBERT ST.
A hearing on this petition was held May 17, 1979 and reconsidered on May 23, 1979
with the following members present: James .Boulger, Chairman; Arthur LaBrecque;
John Nutting; Joseph Piemonte; Douglas Hopper. Notices were sent post-paid to
abutters and others and duly published in the Salem Evening News on May 3, and May 10,
1979 in accordance with Mass. General Laws.
Atty. Donald Koleman represented the Petitioners before the Board and stated that
this was the 3rd attempt to incorporate proposals to satisfy the neighborhood
and submitted 3 site plans with various proposals with density reduced 33%, for two
parcels of land on which they seek a variance to erect three 5 room duplex units,
to be sold and owned by individual homeowners on 31-37 Union Street and 13-15-18
Herbert Street (2 units on Herbert St, and 1 unit on Union Street). Atty. Koleman
stated that the petitioners have been responsive to the neighborhood, and that
there is a definite hardship that goes with the land, also that these are not cheap
houses, and the surrounding property will be increased in value, and that the
buildings are in good scale for the neighborhood.
The Board voted to grant the Variances required and to accept Site Plan No. 2 and
reduce the parking spaces to one space for each living unit. The Board found that
to deny the variance requested would cause substantial hardship to the Petitioner.
The Board determined .that the granting of the Variance would in no way be detrimental
to the surrounding neighborhood, and would in no way derogate from the intent of
the Salem Zoning By-Law. The Board found that desirable relief may be granted without
substantial detriment to the public good.
VARIANCE GRANTED
APPEAL Fr,O',1 THIS DECISION, IF ANY, SHALL 6E MADE PURSUANT TO SEOTIOF! 17 OF THE MASS. J S H. Boulger, Jr, U R
GENERAL LA1','S, CHAPiEP 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING Chairman
OF THIS DEC!S!CN IN THE CMCE OF THE CITY CLERK.
PUREANT iC MASS. CENIE.HPIL C 2 v �:; "1 11, THE VA°!ANCE OP SPECIAL PER+IIf
GRANTED WREIN. SHALL i l.. 7.1., E �T _ ° A C'M rlE -
F CATICN LF TH, Cliff ;t-R'.� .! 1 S I ., ,.:. -,J NJ 'PPI-AL HAS DMI FILED, .
C3 THAT, I SUCH AN APPEAL FAS 3_Lu' IT 'r' -a "'i':9 OIs.-.iss ED C"n DENICD IS
RECORCE" I-I TH, JJJ(H ESSE' 2. °'n'. ;:` 1C -:o �Ai !) r ) -,..U.URiDC4 THE nA.',iE Of THE DVJPLR
OF REC::RO CR IS RECORDED AND NOTED ON TiiE O''rli:ER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
4
3
C;1gJ VGil}..L`i, .:J.1+5Gic4L4.3.$Ii
varb of
S � // y
FEBRUARY 14, 1979
DECISION ON THE PETITION OF SALEM HOSPITAL, INC. CONCERNING PROPERTY LOCATED AT
81 HIGHLAND AVENUE (R-1 DISTRICT) .
A hearing was held on Wednesday, February 14, 1979 -- the following members
of the Board present: Douglas Hoppper, John Nutting, James Boulger, Joseph
Piemonte and Arthur LaBrecque. Notices for said hearing were sent to the abutters
and others and duly published in the Salem Evening News on January 31, and
February 7, 1979, in accordance with Mass. General Laws, Chapter 808.
Mr. Robert Sahk, Facilities Manager at Salem Hospital, Inc. , represented
the Petitioner before the Board, The Petitioner would like to install a 10 foot
by 50 foot trailer, attached to the existing main building with a wood enclosure
for a maximum period of two years. The hospital requires the trailer to provide
temporary office facilities because of their expansion plans.
The trailer will be enclosed by the Main building at level six, and will
be on a concrete slab on grade. There will be no water or plumbing connections,
only electricity for electric heat, There will be no patients on the same floor
adjacent to the trailer. The Hospital will install a smoke alarm which will be
tied in with the hospital's fire alarm system, and will install wire glass within steel
frames in any windows that face the hospital.
The Board voted unanimously to approve the Special Permit for a temporary
trailer and connection to the hospital with the following restrictions:
1. It be a fire resistant passageway to main building
2. Have approval of Building Inspector.
3. Only electrical connection and Fire Detectors.
4. Maximum of two years and used as office.
The Board found that it could grant the permit requested without substantial
detriment to the neighborhood and without derogating from the intent of the Salem
Zoning By-law.
SPECIAL PERMIT GRANTED WITH RESTRICTIONS
APPEAL FP.OIA THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO'SECTION 17 OF THE 61ASS.
CEINERAL U1:VS, CY.;i?iER 803, AN' SHALL BE FILED W;THM 20 DAYS AFTF8 THE DATE OF FILING gougl as' Hopper
OF THIS DECISION IN THE OPFii;E GF THE CITY CLERK. Acting Secretary
PURSANT TO i;;ACS. CECTE2AL I ,;f S. C9APTER BUS, SEi:Ti_4 11, THE VARIANCE OR SPECLAL PERkIIT -
CRA;iTED HEREIN, SHALL NGT 7AY.E -FuT UST;L A CCPV .: -
THE S'. ... D_ ^:i:" THE CERT-
i'iGnTidN OF THE CITY CLERK TiiAT 20 DAYS HAVE ELAI'GED aii) NO APPE?L HAS BEEN FILED,
i:R THAT, IF SUCH AN APPEAL HAS BEER FILUIHAT 1'I" HAS Ea"I DIS:: SED OR Ot aED IS
'OEDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INC-XED UNDER THE NA:dE OF THE OVINER
-
,~, ORO OR IS RECORD AND NOTED ON THE.OVINER'S CERTIFICATE OF TITLE.
BOARD OF APPQ%L -
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
usefts
JUI. LTi I i 18 Ail "79
Poara vf ed
Fri CE CITY ( L'c ;",'S OFFICE
SALEri> MASS.
SAIEM, MASS.
JUNE 20, 1979
DECISION ON PETITION OF WARNER CABLE OF SALEM,_488 HIGHLAND AVENUE (B-2 District)
A hearing on this Petition was held on June 20, 1979, with the following Board
Members present: James Boulger - Chairman; Arthur LaBrecque; Douglas. Hopper;
John Nutting; and Associate Member Edward Luzinski. Notices were sent to abutters
and others, and duly published in the Salem Evening News on June 6 and 13, 1979
in accordance with Mass. General Laws, Chapter 808.
Atty. Donald Koleman represented the Petitioners before the Board. The Petitioners
are requesting an expansion of their existing Special Permit, for the ^.onstructiou
and maintenance of two 15 foot diameter dish antennas called "Earth Stations" on
property located at 488 Highland Avenue. The 2 antennas will be located within
the chain link fence. One person objected, complaining about the poor reception
on Channel 9.
The Board voted to grant the amendment of the existing Special Permit to allow
the construction of the two antennas, with the following restriction /'That no
transmitting of any electronic signals of any kind be done."
SPECIAL PERMIT GRANTED WITH RESTRICTION
APPEAL FROM THIS DECISION. IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS. �/
GENERAL LAWS, CHAPTER SGS, Ai:D SHALL DE FILED F%,'itUiT 20 LAYS ATTER THE DATE OF FILING � '�'''��' ��� W, - -t �/� •'a•
OF THIS DECIS`ON 17 THE OFFICE OF THE CITY CLERK. - . _ 40es H. Boulger, Jr. "U 4
PO°SAAT TO 11A.SS C::! !1A;. LA:'S. CHAPTER 203. SM-17-M 1:. THE VA.',WICE 0^ CPECIAL PERMIT Chairman
GRANTED HERENN. SHALL NGT T(:KE EFFECT Ui iTIL A COPY CF THE%EC01Pi U-A:'.:NG THE CERT-
FICATIOH OF THE CIiY 'LER'( THAT 20 DAYS HAVE EL=PsSED 'ii•) NO Arr"E;L.HAS BEE;! FILM,- - - - - -
GR THAT. IF SUCH AV APPEAL HAS BEEN FILEp THAT IT HAS BEEN DIS:.13!35E0 CR DENIED IS - -
. RECORDED IN THE SOUTH ESSEX REGISTRY OF LEEDS AND INDEXED UNDER THE NAME OF THE OWNER -
OF RECORD OR IS RECORDED AND NOTED ON THE O'WNER'S CERTIFICATE OF TITLE. - -
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE. CITY CLERK
010 of galxin, 4Ras!5achus.eltA
RECEIVED
• % - ��b of cApped UEC Z8 f 18 .'H '79
DECEMBER 19, 1979 CITY OFFICE
SALEM.HASS.
DECISION ON THE PETITION OF ROBERT TAMILIO d/b/a HUBON ALUMINUM FOUNDRY, INC
REQUESTING A VARIA14CE'FOR 14 HUBON STREET.
A hearing on this Petition was held on December 19, . 1979 with the
following Board Members. present: James H. Boulger, Jr., Chairman, Messrs.
Nutting, LaBrecque, Feeherry and Associate Member Luzinski. Notices of the
hearing were sent .to abutters and others and. a notice of the hearing was .
published in the Salem Evening Newson December 5 and 1 n .a a
2 i ccord n
p g ce
with Massachusetts General Laws, Chapter 40A.
The Petitioners have requested a v2riance for the property at 14 Hubon
Street to construct an addition to the existing structure at property. A
variance is required because the existing building is in an R-
:2 district
-.where it constitutes a non-conforming use (i.e,, .a foundry) . An addition
to the existing structure constitutes a substantial extension of a non-
conforming use. Also, the proposed structure as proposed in the plans
submitted to the Board requires a variance from front and rear yard setback
requirements.
The Board of Appeals, after consideration of the evidence.presented at
the public hearing makes the following findings of fact:
1. The property has for many years been the site of an aluminum foundry.
2. The proposed structure, which will be used for storage of materials
will substantially improve the appearance of the location and will
result in the removal of a trailer which is presently at the site
and used for storage.
3. There wasnoopposition to the proposal with the neighbors.
4. The proposed addition will result in additional jobs at the foundry.
On the basis of the above findings of fact, and the evidence presented at
the public hearing, the Board of Appeals concludes as follows:
1. Petitioners property is suitable for only one use; the structure
proposed by the Petitioner's Vlans. Without an addition to the
nron =J.a Petitioner will not ba able to expand his business,
thus resulting in the loss of several new jobs for area residents.
2. The conditions described above especially affect the land in question
• but do not generally affect the zoning district in which the building
is located.
CHS 'af aI z l wmrhucllells
RE
1 ED
__pbarb of '�,'pral
0EC LC 1 10 :f1 173
U.:HCE
SALEM, MASS.
PAGE TWO - DECISION - ROBERT TAMILIO d/b/a NUBON ALUMINUM FOUNDRY, INC. .
14 HUBON STREET .
3. The conditions described above which affect the land in question, .
but not the zoning district generally cause; special hardship to
the Petitioner.
4. The desired variance may be granted without substantial detriment
to the public good.
Therefore, the Board of Zoning Appeals by a 5-0 vote approves the
requested relief, and grants a variance to the petitioner for the extension
of a non-conforming use on the following terms and conditions:
1. All construction shall be in accordance with the plans submitted
• to the Board except that the structure shall be set back 72 feet from the
lot line on.Hubon Street for future planting of a green area. Consistent
with this requirement, the Petitioner is granted a variance from the front
and rear yard requirements of the zoning ordinance.
GRANTED
Anthony M. Ff herry
Acting Secretary
APPEAL FROM THIS DECISION. IF ANY. SHALL BE.MWE PURSUANT TO SECTION 17 OF THE MASS. -
CENERAL LAWS, CHAPTER 503. A"'D 0."d_: "3 M-D Y47-HN 23 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFr-.E. T2'.° CiTY CLERK. - - -
PULSAN!T TO "ASS. GEN:RAL LAUt:. :R :. .:1!:: i:, THE VAIJA?:CE OR SPECIAL PER?d IT - -
CRAVED HEREIN. SHALL NOT TA!*E E. -.. _..,!'. A T'?Y ::F TNF CE;iSI !. BEARI;`iG THE CERT•
FICATION OF THE CIPf CLER4 T-I.A. 'c. .3 HA-1— _w°SE': A•'i0 Pi; APPEAL HAS BEE;'-1 FILED,
CR THAT, IF SUCH. Ail t"'i1':!. F;tS F!L , T1A; !T :;S MM DIS',IiSKD CR DENIED IS -
RECORDED IN TH= S : H Lasix BE.dS7RY CF DE'21 A,'4'D iYDE'D "'[IDE THE NA IE OF THE OWNE(t
OF RECORD OR IS RcCtiRDED A;ID NO,ED ON THE O',;;;;ER'S CERfMCATE OF TITLE.
BOARD OF APPEAL -
A COPY OF M DECISION EAS BEEN FIT--
idI 5 `TL PLLVNING BOARD AND TIE CITY CLERK
•
corro,�
iii it li i I 19
CHC of 5atlfra' f a ssattlg� `24!
i,c:�a a •.i FICE
' � p Paurb vfLAWrA SALEM, MASS.
MARCH 28, 1979
DECISION ON PETITION OF SALEM SUEDE (ZION REALTY TRUST) 7 - 19 IRVING STREET
(R-1 DISTRICT)
A hearing on this Petition was held on March 28, 1979, with the following
Board Members present. James Boulger, Chairman, Jane Lundregan, Edward Luzinski,
Raymond Nutting and Joseph Piemonte. Notices were sent to abutters and others
and duly published in the Salem Evening News on March 14 and 21, 1979 in
accordance with Mass. General Laws, Chapter 808.
Atty. Philip Strome represented the petitioner before the Board. The
petitioners are requesting two variances, one is for a variance to increase
the non-conforming use, to expand the non-conforming building which houses the
main plant of Salem Suede in order to install a flexible dict in an attempt.
to correct the noise problem which results from the work conducted at the site. . .
The second is to allow the building of a building to house two tanks at #f19
Irving Street, which is presently a lot with a residence on it. The purpose
of the installation of the hot and cold water tanks is to conserve between
25 and 35 percent of'the water used in the tannery. The proposed building
would be 14 feet by 26 .feet.
Evidence was presented at the hearing that the neighbors in the area,
which is predominently residential have been bothered by the excessive noise
and traffic eminating from the carrying on of the factory for Salem Suede.
The neighbors were vehemently opposed to any extension of the non-conforming
use and felt that it would be extremely detrimental to the neighborhood,
1. The Board voted to allow the construction of a flexible duct sleeve on
to the present building of the Salem Suede Company. The Board found that it
could allow the construction of the sleeve because of the result will be one
which is beneficial to the neighborhood„namely would help in eliminating
the excessive noise from the factory.
The Board granted this petition on the grounds that if this procedure does
not work, the company .will construct something else. The petitioners agreed to
this amendment on the petition.
2. The Board voted to deny the petition for the construction of a building to
house two tanks on the residential lot. The Board found that it could not
. allow the construction of said building and the expansion of the non-conforming
use without extreme detriment to the surrounding neighborhood. The building,
and use of the building are presently a problem and a source of friction in
the neighborhood, and to allow the expansion of the non-conforming use would be
detrimental to the neighborhood, and a derogation of the intent of the 'Zoning
• By-law.
VARIANCE ##1 GRANTED
VARIANCE #P2 DENIED
(SEE PAGE TWO)
AFS
�t ? of p 2lem, cussaC4Urlett5il"'t
SALEM�� :FFiCE
T ; MASS.
�T
CL
oxrbi of peal
DECISION - SALEM SUEDE - (ZION REALTY TRUST) 7-19 Irving St. Page 2
Jane T. Lundregan " e
Secretary
�1�'(�'c L i99.ti ir' S D'CSSIOM IF ARTY.S1 Ai L 9f P.',.S-c P . YAM: TO $ECTID 117 OF THE MASS.
T�t M L Llk}:4 hi_ dTEk SA A.-r V"A :'i '1-':IFN :O DAYS 'ArTR THE DATE OF FILIPIG
Of 1r:iS E'ECiS. '1 4N id 'Fif:E Lr WE of -
FO Oi !:?;2IAL KTAT
CRAN:E:. i!cr. . . a. ... t E EFi _.SIL A 711-r .:c- tri-
�i.r; .... i ul: OM CUR.. :.!`. .J i3 R'v'" _ � i.0 l 1.::`.'. HAS OC:F it! ?ar
IF AP? A� h .. �. � t L Cr:: If gg -
he IN ire S.ljtli t� t .it; o_.` ./ r:.e.-1 iH. NA.:e OF THE O%nlili
• "- �� Rtt38110 BR Ib RUORO€F, :ARD INMO hit Lrl`z D rHtF'S GURTF'LATE OF TITLE.
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
•
a. o, 3`7 .
r _ �,��nn�� LITY v J:FTC
✓; �t of `sate ' (.1�At3�T���TLi����za SALEN,M4SS:
Yrs Anxrb of Apprrzd .
JANUARY 18, 1979
DECISION ON THE PETITION OF BRUCE R. MARSHAL ( ONNIG BEUREKJIAN, OWNER)
CONCERNING THE PROPERTY AT 92 JACKSON STREET (B-4 DISTRICT)
Hearing on .this petition was held on December 27, 1978 and continued on
January 18, 1979 with Board Members Jane Lundregan, Douglas Hopper, James Boulger,
John Nutting and Joseph Piemonte present. Notices were sent to abutters and others
in accordance with Massachusetts General Laws, Chapter 40 A.
Atty. John R. Serafini, Jr. , represented the petitioner before the Board. The
petition is requesting a Variance on the property located at 92 Jackson Street,
in order to establish a Health Club in the building, to include exercise, dance
classes, martial arts training, weight training, lockers, steam, sauna and
whirlpool facilities. The petitioner stated that there will be available parking
• space behind the building and that they have a firm commitment for 15 additional
parking spaces during the day and night on adjoining properties. The district is
presently zoned B-4 and the use as a health club is not an allowed use spelled
out in the Zoning Ordinance. The building has been vacant for a number of years
and the proposed use would be less obnoxious to the area the petitioners contended.
The Board voted unanimously to grant a Variance for the premises to allow it to
be used as a health club as set out in the petition, with the stipulation that the
petitioner provide at least 20 off street parking spaces for customer parking,
and the operation of the business will not create a nuisance to the neighborhood
nor be a detriment to the public good. The Board felt that it could grant a
variance without substantial detriment to the surrounding neighborhood because of
the fact that the building has been empty for a number of years and the proposed
use would be beneficial to the neighborhood in bringing tenants to the area.
The Board felt that there is a hardship on the premises substantiated by the fact
that the building has been vacant for a number of years. The Board therefore,
feels that to grant said Variance will be beneficial to the public good.'
VARIANCE GRANTED
A'rPE.AL FRO.`:1 THIS DECISION, IF ANY. SHALL BE MADE PURSUA:17-TO--SECTIO i! ll OF THE MASS. i
CENRAL LA':i S. CHAPTER 803, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING -Sane T /reg
(:F THIS DECISION IN THE OFFICE OF THE CIT( CLERK. T. Lundregan. / 2Z -
PURSANT TO ;:ASS. CENLRAL LA'NS, CHAPTER 803, SECTION 11, THE VARIANCE OR SPECIAL PERMIT Secretary -
' N-:?EIN. SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEARING THE CERT-
,iF)'HE CITY CLERK. THAF 20 DAYS HAVE ELAPSED AND NO APPERL HAS BEEN FILED,
LR THAT, IF SUCH AN APPEAL HAS BEEN FILMTHAT IT HAS BEEN DISMISSED OR DENIED IS - -
RECOROED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER - -CF RECORD ORISRECORDED AND NOTED ON THE WINER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL - - -
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLA1NNING BOARD AND THE CITY CLERK.
r � I
JULIL`
JUi`3 1�. 1979 l
DELIS).'a ON PET 1 TION SUBMITTED BY SANT 1 p
:TO D� F.:�li C:SCO CO ,CE.�iIr,.:. PROP :RT'z
LOC'VCZD AT 10 JEFi B C>; AV IiJ (1:-2 DISTRICT) .
A hL. . - -"- Oel thioti eti On. Was h.ei i T • l i r >•
p:. _ • t�_ 5, 19:"' i- to tlaeT_...-
of tnc jDoard p_a ett. Boul3e"L ,__u_ l,aDraCq -_ Do ,Tl nru
Jolla Nuzc age Josaph l,.t. '.onte, :'n- _C@:_ T:e_ _ sent postpaii to abutters aoe. -
others? and Culy ubl-ishad in the Sal:' -. r ring Lws oil JllT'..'el o, 19i`7,
1� l �^.'i Jt.ne v
in accordance with :.ass. GT ue'2l. i:.._.,.
Atty. Harry .n'::ele rapresen .:_d the pc . ti_nar h =ore, the Bo^rrl.. the p
c G..7.1G1ler
1 requesting G1J.. 0 P_Pi' t: f0'' ib,` _` - .
; 1. Permit - former Ste:Lc.LC i� L--ter}' ].TTcl11S tJ'la l. Lni I d- ihc.
lo._ _hod at 10 Jefker s t.__ Avenue, to allov a Cita. i_ r• d
�lg_ n v..:e to ret-: 1, stores aTT._
offices and parking to Contain 39 space ;, also the vocant lot at the Lear OS LK,
buildivg will be used for additional parking spee_s. Soroe of the bui.1C1_-1'u's 'cr.l1
be r-er.Oved in accordance with the plans submittee, The first floor to ho'is::a
retail, srores, Second floor to be cCP_iT-'•-ted to offices at a I .'.et date.
• spaces cE will ba renovated, they will install paV & WaPk-:7ays at front and rear,
The fence will be fe_,a,__ :d or replaced. The .4 buildipSs F;lIl be
clear?.
Atty. An.(',les statC' that Section 51'-10 g'!Vc Lhi: BC`__a the authority grant
this Special Verr`Llt, aS this is l ` it, l L'_ than F7! at is there and
l-.i,i C-eLL:,.���:.T.-1 use 1.
,
it would not derogate fro^ the intent of the Zo:__u; Ordinance.
Seven people appeared in favor of the petition, one abutter requested a stockade
fence be erected along her property and to keep truck traffic of:'c Hathorne Street.
There was no opposition on this request. .
The Board voted to grant the Special Permit requested o;itli the fe1loF;ing rest rictio:
1. Supplies and materials deliveries use only Jefferson Avenue.
2, Stockadu fence si:; (6) feet hin. be erected abutting residential properties.
3, fio trucl. deliveries before 7:00 A.2:. or after 6:00 P.M. on lHilthrop Street.
4. Opere.ti.on of businesses only from 6:00 A.'_', to 12:00 P.M.
5. Eight. structures will bar. Jcr.:olisheJ, neatly, tilled in and the area cleaned u;
6. Eaci, tut to be used only fe- litee car p - = and delivery only.
7. No use spec:-f'.v l.ly e?_cyder'- fromF 1, and „-2 districts T7i11 be allouo:
8. A fence will ba erected all -nes 'I'Ut.tiII R-2 properties.
i• e Street side, and shall be e�:closad
9, The ru : zish cannnstT�. will be on 4i i' _iTri�-i �T_t t ?
in masonry.
10. Staffrlay: from the second floor a_eas shall exit the people in front of the
Wilding.
11, Tti7o sLai.rs and corridor shall be inc:-LuJed for second story areas.
12. Doors for c-,ress on first floor .,i:0"CC-t;: to natfO:i, alley in rear shall be
ream, .. d sitffi.cientl.y enouzh not to King o or into the alley passage.
t C: \
CITI Lnnoctyv icE aws"w7i
Z r ya -!
_
S.1:.Cllr i-1F�J:l. }' " Clj,r t, Hill.`_
llNS IS. 19799 QLQ90 P^ M2::;C",��� _ li- r.z•cT__-_i,,:i rµ,.<CP; P Cc. 'i,IO
hood.Board' 1nC't=_Ci that the proposed use _s far 1e_ ., detrunental i_C the
hood. The BGi!n;' ?_^j_t that tha cha„C c n I
- '' --��- in ti12 P.Oi.-CCR._OTillin� use. .70 i;id lt'. TIO
Tial. derokoa ' the intent OE the Sa1en zonas Bynaj The Board found CT'lat
- t0 4211y the petL'c`.1.GTL- r@gllOSt?_CT. F;'G41d CallSz^, 3 ha"LQ5:;:1.-(J . %O tI'ta pCa1t .0 n^.Y_a .
_if=': AT,_PE-er..rIT GrG iTEF,I`CtT •T_07^
y? r _ Bou-der, Jr.
!I r•.!. F!iT,! THIS 97;I ItON, it -NY, FG SJ crT ll SFCT:.''I P OF THE "i SS.
• C J. OWL MAnER RIX JVD TAIL BE FOLD V11DO 20 DO! A"ER M'_ CUE OF FIL10
OF S IRCITON IN THE , , OF THE M CLEEK.
MOOT TO LAST MORAL CHIPwIF11. EI3 o'P" °l 11, THE 1...r. . . . ..'EC!At. rE2.:a
G !EL` FtCT.. SC., U. 6. EF!_CT 's:.-: CC'l OF In4!KOMI 50109 THE tot
FICATMA OF 115 MY CUM 12. C�,r� ':,r. i i r., .- H-.3 cLEN FILD,
0" Ti., I` SUCil F'I A'PBIL f'FS t ?. A L `,il$'- C- LECIEO 13
6_t.: :o-L; IN TDZ SJ l E'S_;i ._ .;, .1 i, s„ !.396 ME AVIE GF ME C'WPER
OF RECORD OR IS RECORDED RM i{ T-0 0:: IKE ORKE:'S C-TIFTAiE OF I `Lc. . .
EiT.RD C; AF'?EAG
A COPY OF TLiIS MVISION ILS BEUN, FILED 1171T ? Tiic PLL :IiuG BO-kpM A D Tim- CITY Cm-LC:.
TitV Of tt1Pm, tES tIL 1 E'�tS R r. , ,_D
j 1 Puarh of A"rd Nou [c 3L.
CITY 5 O FICE
NOVEMBER 14, 1979 SALEM, MASS.
DECISION ON THE PETITION OF F. ROBERT RUSCIO CONCERNING.PROPERTY LOCATED AT 62 JEFFERSON
AVENUE IN AN R-1 DISTRICT.
A hearing on this petition was held on November 14, 1979 with the following Board
members present: James Boulger, Jr. , Chairman; Douglas Hopper; John Nutting; Joseph
Piemonte; and Edward Luzinski. Notice of the hearing was sent to abutters and others
and a notice of the hearing was published in the Salem Evening News on October 31,
and November 7, 1979 in accordance with Massachusetts General Laws, Chapter 40A.
The Petitioner is requesting a variance to extend a non-conforming business at
62 Jefferson Avenue (R-1 District) by the construction of an addition 30 feet by 18
feet for the repairing of cars.
The petitioner operates a carburator rebuilding and repair shop on the premises
situated at 62 Jefferson Avenue abutting the property of New England Telephone and
Telegraph, Mikes Autobody Shop, Michaud Bus Lines and Titus Furniture Warehouse.
The petitioner is in an R-1 zone which was changed from an Industrial zone in 1965
and is now a non-conforming use in that zone. The area is predominantly commercial
and industrial.
Letters from City Councillors Martineau, Nowak, Centerino and O'Keefe in favor were
submitted. Six letters from abutters were submitted in favor. Councillor Stephen
Lovely appeared and spoke for the petitioner. He stated that all of the abutters
were for this petition. Mr. Ruscio was a good neighbor and this addition would
permit him to work out of the elements, the area is primarily commercial though
zoned R-1. His immediate abutter is the telephone company garage and they are not
affected by this addition. There was no opposition.
The petitioner submitted plans of the proposed addition.
The Board voted unanimously to grant the variance requested. The Board found that
even though the area is zoned R-1, the proposed extension of the non-conforming
use would be in harmony with the commercial and industrial character of the neighbor-
hood and that it could grant the variance without substantially derogating from the
intent of the Zoning Ordinance.
VARIANCE GRANTED
APPEAL FRO.`d THiS DECISIO.'i, IF ANY. S44LL BE ':'ADE PU'SOANT TO SECTION 17 OF THE WSS. 07 -
GENE^+L LA''A-S, C6GlPTER 8 3. V!D tX.';LL 0E FCEu WITHIN 20 DAYS AFTER THE DATE OF FILING
OF Ti!!S DECTSVI IN THEE G ih CITY CLERK.
Douglas�opper w
TL * S �::� a - 'I. t VA-I^, mr 0^ r°C!:.L PEPT-IT Acting eCretary
<;..dl _ � EF i � .-. ,. .,.,. " �' i ...-.,...t . .,..,.. inE CERT-
FUT : CF THE i•.iY LLE . �Le: -� �.�.... �. N:"PEiL "BEEN FILED,
OR THAT. IF SUCI.. AN APP__n: ii."t: k;-:: 'iL.., .C:-A i.:di!OSO OR OECIEO IS
RECtj';)'D IN THE SOUTH ESSEX, RE ( OF n A*iD CCiE/.CD UNDER THE NkiE OF THE OYINER
Or.ORD OR IS RECORDED AND Nu ED On TRE e6FER'S CERTIFICATE OF TITLE.
i
BOARD. OF APPEAX
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
�� '•w7. ' G,14 I;LL � 1 .) L7(g+l� �� �f6l6iK.� �I.Y'�Gi�7.fG�Li{4i4i�3A.ia - .
Pv=a of
�C
JUNE 20. 1979
DECISION ON PETITION OF COLONIAL REAL ESTATE TRUST 199 JEFFERSON AVENUE
(R-3 District)
A hearing on this Petition was held on June 20, 1979 with the following
Board Members present: Arthur LaBrecque; Douglas Hopper; John Nutting; "
and Associate Member Edward Luzinski. Notices were sent to abutters
and others, and duly published in the Evening News on June 6, and 13,
1979 in accordance with Mass. General Laws, Chapter 808.
Atty. Timothy Davern represented the Petitioner before the Board
requesting permission to add a 12'-0" ,ride x 331— 4" long addition
to the existing building and to continue the use of the building for
a professional office as previously permitted by the Board of Appeal.
Atty. Davern stated that the petitioner was given leave to withdraw at
the last meeting and is re-submitting a revised plan with a reduction
�. of 2'-0" from the width of the building. Four parking spaces are
_ provided on the site and the doctor and his two assistants will park
at the Colonial Realty area nearby. A stockade fence is to be erected
along the abutter's property line. The property has a use variance
already the petitioners are just applying for the addition.
Several persons appeared in opposition due to parking and the lot size.
One person stated that he had been turned down by the Board ,oa his
property on Jefferson Avenue for a conversion of a R-2 property into
professional offices.
The Board moved to grant the petition that the addition and use will
be only for a professional office. Roll Call of three for and one
against. Did not carry.
VARIANCE DENIED
APPEAL FROM THIS OECISIOPI. IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
CEr tP L LA IS CHAPTER Eu3 AND SHALL BZ FILES L71TH!?I 2G DAYS AFTER THE DATE OF FILING
0 THIS DECISION IN THE OFFICE OF THE CITY CLE^d.
P 4':1 :T TO MASS. GENERAL Lf'-,S. C tP uR SOS. S°C'It is ll. ?HE VAR!A:JCc 0' S?CC!F.' —.,.c2 1 � '•�
Gtb;..7ED heY.E!:N. SHALL NCT TAKE ErF_CI U?:TIL A CGPY CF l'HZ DEC;i:i?:I. HEA"c NG THE les H//�, BOLtlger, Jr.
FICAWN (,IF THE CITY CLERK THAT 20 DAYS HAVE -LAPSED AN-) NC. APPEAL HAS BEEN F;Q;;h,d' irm4n
OR THAT. IF SUCH AN APPEAL HAS BEEN FiLEDTOAT IT HAS BZEN DISAIISSED OR DENIED IS
RECORDED IN THE SOUTH ESSEX, REGISTRY OF LEEDS AND INDEXED UNDER THE NAME 0,= THE OViNER
Or vRD OR IS RECORDED AND NOTED ON THE PiINER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL -
A COPY OF THIS DECISION H&S BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
IRF . :_ivf_o �
er i1vG t y It: ii 7 i
snara of ettl a, AassarWio
SALE"? MASS.
MAY 23, 1979
DECISION ON PETITION OF J & S AUTO BODY, 250 JEFFERSON AVENUE (B-1 & R-2 DISTRICTS)
A hearing on this Petition was held on May 23,1979 with the following Board
Members present: James Boulger - Chairman; Arthur LaBrecque; Douglas Hopper; _
John Nutting; and Associate Member Joseph Piemonte. Notices were sent to
abutters and others, and duly published. in the Salem Evening News on May 9,
and 16, 1979 in accordance with Mass. General Laws, Chapter 808.
Stephen Lerman represented himself as the Petitioner. They are requesting
permission to sell used cars as part of their business. They will buy cars at
auction, one or two a month, these will be fixed up, or repaired in order to
keep busy between the regular repair jobs. They are not planning to make the
site a used car lot. All cars will be stored in the building. Cars will not
be advertized for sale but will be sold to family and friends.
The local ward Councillor appeared to testify that these tenants were the
best at this location. Five people appeared in opposition, mainly because of
previous conditions of the site and concern over possible loss of use for winter
parking. Mr. Lerman noted that the neighbors could continue to park on the
property in the winter.
The Board voted to grant the Special Permit with the following restrictings, to
sell used automobiles (passenger cars) as part of the business at the above, .
address. Seven restrictions:-
1. The Special Permit is granted for a period of one year.
2. No cars shall be parked outside except customers coming and going.
3. The Petitioners shall plant and maintain trees and shrubs on Lot #51.
4. The Petitioner shall plant trees in front of building and keep and .
maintain area clean.
5. Only a maximum number of three automobiles (passenger cars) shall be
bought per month.
6. No automobiles (passenger cars) will be displayed for sale.
7. For-sale signs are not allowed.
The Board felt that there is a hardship on the petitioners, that desirable relief
may be granted with these restrictions without detriment to the' surrounding neighbor-
hood.
SPECIAL PERMIT FOR ONE YEAR GRANTED UNANIMOUSLY
APPEAL F..'.O' Tlil_. Jc:. .:il.., .l:° SP.4a 9't .`.'f.G. ..._::P.�\T TO Ink::dd: -
6° lA i ChAPT 5 d S 0 S+I+L C_ .7 w:' 80 'JAYS LITER THE DATE OF FILING
U
DECISION IN THE C I i f C' �N'Yil✓ A/, � ��2,
r �T TO 'SS. CE i I , , r �.:: sc.&SeCTroN It ';NE VAMANCE OR SPECIAL PERMIT aures H. B/oulgerY. ce
SHALL L-. L.AE :F.*1i `:F;. A iufy er T1 ' 1;(.L. OEARMG THE CERT.
CF Tic CITY C cRA !!,j �6 P n'.kZ ELNf5ED 11/10 h , Afr'�AL HAS BEEN FILED, Chairman
OK TWJ. 6 SUCT! A.% APPUL HAS SEER F;t.:;i-I FS I: 17 IFAS (IE.E;1 UISUIS:E.) OR DENIED 1S
F,L(.0 i:DEU I:1 THE SOUTH ESSEX REGI0 P.'I OF UEE US n. "N Iia uEXF.D UNDER THE NAME OF THE OWNER
OF RECGRU OR IS RT:CORDED AND HGTEU ON THE Ot9NER'S CERTIFICATE OF TITLE. -
BOARD OF APPEAc
A rnPv nr THTS nP.r.TSTnN HAS BEEN FILET) WITEI TETE PLANNING BOARD AND THE CITY CLERK.
CI r Flouttv of 'Salem, 'Maigullusett 51 AV,
SALEM. MASS. CITY CLti:ri'S 0 FI
Pvnb Df Mvd SALEM. MASS.
MAY 23 1979
DECISION ON PETITION OF WILLIAM AND ADELE D. McKINNON, 18-20 KOSCIUSKO
STREET (R-2 District)
A hearing on this Petition was held on May 23, 1979, with the following- .
Board Members present: James Boulger - Chairman; Arthur LaBrecque; Douglas
Hopper; John Nutting; and Associate Member.Joseph Piemonte. Notices were .
sent to abutters and others, and duly published in the Salem Evening News
on May 9 and 16, 1979 in accordance with Mass. General Laws, Chapter 808.
Atty. William Donaldson, represented the Petitioner before the Board
requesting relief from set back requirements, lot size, and density require-
ments to permit the construction of a duplex town house. The house will
be set back with twelve and one half feetfrom the rear lot line and three
feeta
b ck from the street
line, which is consistent with the houses in the
neighborhood. Three off street parking spaces will be provided. The project
was presented to the Historic District who approved the concept. It is now
before the Planning Board. Six abutters and the petitioners appeared in
favor of approving the petition. Two people appeared in opposition, one
t. of them favored the house but opposed the petition because of parking. She
wanted the parking to be moved on the other side of the house.
The Board found that it could grant the variance requested with the following
two conditions: 1. A two foot wide grass strip be provided along the north
property line; and 2. That this petitioner obtain the approvals from the
Conservation and Historic Commissions.
The Board found that the approvals would not substantially derogate from the
intent or purpose of such Zoning Ordinances or By-law, also that enforcement
of the provisions of the Zoning Ordinance or By-law would involve substantial
hardship, financial or otherwise to the appellant.
GRANTED BY UNANIMOUS VOTE WITH CONDITIONS.
2,6J
APPEAL FfiO.'.i THIS O GIC71. 6 :1:i':. .":HA!.L 137 PiRWANT TO SECTION 17 OF THE MASS. James H, BOIIl er Jr. 1
GENERAL LA'NS, CHAPTER EOE, A:!'-! S4A:1 L' :::E'. :'%' Hlid 20 LAYS AFTER THE DATE OF FILING - g a
OF THIS DECiSiOe! IN THE OFFlCE FF THE CGY CL RK. Chairman
PURYAHT TO #.ASS. GENERAL LA.:'. 11. THE 'VARIANCE 02 SPECIAL PER7:ilT -
CR�AYTED HEREIN. 'HALL NOT C.KE ErTELT UNTIL A C?Pl' GF 'FY._'i:'i%L?!. isEF°CiS THE CERT-
FICAITON OF THE CITY CLERK Tr-,;T 2O 0.AY3 HAIE ELAK"_, lX1 SIO APPEAL HAS EE:N FILED,
UR 1HAr. IF SUCH AN APPEAL HAS EEN FI!EC:THAT IT Hai C"IN fil'I%SSED CR DENIED IS -
P.ECORDED IN THE SOUFH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NA TE OF WE OY:NER
CORD OR IS RECORDED AND WED ON THE OWNER'S CERTIFICATE OF TITLE
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
EI3
Ctv of 'Salem' assarhuse#ta
CITY 1 i:.' > t rFICE
rJ y Poarb of Appeal SALEM, HASS.
MARCH 28, 1979
DECISION ON PETITION OF NORMAN AND MARJORIE TRAVERSE, PLAZA REALTY TRUST
76 LAFAYETTE STREET (METCOM) B-4 DISTRICT)
A hearing on this Petition was held on March 28, 1979, with the following
Board Members present. James Boulger, Chairman, Jane Lundregan, Edward Luzinski,
Raymond Nutting and Joseph Piemonte. Notices were sent to abutters and others
and duly published in the Salem Evening News on March 14, and 21, 1979 in -
accordance with Mass. General Laws, Chapter 808.
Atty. Jacob Segal represented the petition before the Board. The petitioners
are requesting a variance in order to allow the conversion of the building at
76 Lafayette Street into commercial space, and putting retail stores on the first
floor and offices on the second, third and fourth floors without the necessary
parking as required by Section 7C of the Salem Zoning Ordinance. The building
has been empty for some time and there are only certain uses for which the
building can be used. The petitioner pointed out that there would be public
parking available close to the site and that there will be some parking made _
• available next to the site, as shown on the plan presented.
The Board voted to grant the variance requested, so as to allow the use of
the building at 76 Lafayette Street for the purposes set forth in the petition,
and that said uses be allowed without the parking as. required by the Salem Zoning
By-law, but to be used with the reduced parking as shown on the plans. The
petitioner also agreed to meet with the abutter Mr. Folsom, and agree on some type
of division between the two properties owned by each of them.
The Board found that there .is a hardship on the property, and that there is
no possible way of providing all the parking needed under the Salem Zoning By-law,
and to deny the petition requested would cause extreme hardship to the petitioners.
The Board found because of the available public parking in the area, and the ,
compromise parking plan that they could grant the petition without detriment to
the surrounding neighborhood.
VARIANCE GRANTED A -� �• � :Yr
- APPEAL FR]'i THIS 0°GIMMIr ANY. SHALL C"_ MADE PJ"UP.)!T T3 SECTION 17 OF THE 61ASS' Jane T. Luridre an�
FEN E,.,.A! LA.:.:. ..h...''ER o.:0. All 1 L
SH"LL i',-- FN 4,17. . 2D DX-.S AFTEP THE DATE OF FILING g
OF iF:PS LEL:-1JIJ IN T!!E OFFiCE OF ME CITY CLERK. Secretary
P ;•....,,. !,: . ..-,. _..:`iEC�._ tA., CHAFFER 365. SEc;TI N 11, THE 11A41ANCE OR SKLML PER.',iff
CR,'.: SH1.1L NIi '!L A CG!'Y OF THP, _:14!ON. BrAZ 0 THP CERT-
'idi(E EFC� ':Hi
iHc CiFY '-i-FRA TWT 20 DAYS ELA ED A:iO ND APPEAL HIS CF.Ei'I FiLEO,
OR -i W.J. it S;iIJ AS A"FKAL HAS DEER F!L''%Y!i AT r f D'cN ES:IED IS
ct I'i,H S OiS't.IS,PD OR D
RECORDED IN THE ,GUTH ESSEX RECISTPY Ci OEESS AND LSDCXED UNDER THE NAME OF THE OWNER
CORD OR IS RECORDED ANU NOFEO ON TIIE,0:'/NER'S CERTIFICATE OF TITLE. -
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
/ .✓
it n
P aarb of JAppzal
u�l� y SALEM, MASS.
SEPTEMBER 26, 1979
DECISION ON THE PETITION OF MR. AND MRS. ARTHUR MARCHAND REQUESTING A VARIANCE
FOR 159 IAFAYETTE STREET.
Pursuant to a proper notice of public hearing, a public hearing was held on
September 26, 1979 on the petition of Mr. and Mrs. Arthur Marchand requesting a
variance to use V. rooms of their residence for the sale of antiques and objects
of art. A variance is required because the building is in an R-3 district where
this use is prohibited without a variance.
The Board of Appeals, after considering the evidence presented at the public
hearing and after viewing the property in question makes the following findiu-'s
of fact:
(A) The property in question is an attractive well-maintained four-family
dwelling which is situated between a funeral home and a multi-unit
apartment house.
(B) The antiques and objects of art which the petitioners wish to sell at
this location have a limited market. The petitioners testified that
much of their business will be done by appointment.
(C) The petitioners will make no structural changes in their building if
the variance is granted.
(D) The neighborhood is primarily a residential one although there are
several small business uses in the area.
On the basis of the above facts and the evidence presented at the public
hearing the. Board of Appeals concludes as follows:
(1) The unique location of the structure in question (i.e. , between a
funeral home and a large multi-unit apartment complex) presents special
circumstances for the owners of the structure.
(2) The conditions described above do not generally affect the zoning
district in question.
(3) The conditions described in paragraph No. 1 which affect the land but
not the zoning district generally cause the following substantial
. hardships: the income generated by the property is adversely affected.
(4) The requested relief may be granted without substantial detriment to the
public good because the requested use will not result in a structure
change in this attractive property and because the use will generate a
negligible amount of additional traffic in the area.
a•�vr�.
III nIm" �` a-BaLi uutts UCi 4I Ali' I.y
l { A
PAGE TWO - DECISION - MR. & MRS. ARTHUR MARCHAND - 159 LAFAYETTE STREET
(5). Desirable relief may be granted without substantially derogating from
the intent and purpose of the zoning ordinance for the reasons stated in
Paragraph No. 4 above.
Therefore, the Board of Appeals, with Chairman Boulger and Messrs. Nutting,
LaBrecque, Piemonte, and Feeherry voting unanimously in favor of granting the
requested relief, grant a variance to the petitioners on the following terms and
conditions:
(1) The variance is granted for two years to use 21-i rooms of
159 Lafayette Street for the sale of antiques and objects of arta
(2) The variance is granted on condition that no structural changes
are made at the location in question.
(3) Any sign used to advertise the sale of antiques and objects of
art must be in accordance with the Salem Sign Ordinance.
VARIANCE GRANTED WITH CONDITIONS
PP -L F H! G3 ' I- , SNAU_ FE - F. r;-;V:T TO S-2-TION' U CF THE MASS. Atty. Anthony M. Feeherry
Cc r_r A! Lf..o. c;.:.4, w Ar., „d...L .._ i. 20 DAYS AFi;h IliE DATE OF FILING Acting Secretary
OF T-!:S D4l'fS!:;i Ia TH8 CF;°!;'c U T}:= C!1! CLERK. .
PJ.._...r fiE.._. A_ !:.... .. 1_.I ry °PCC'A! R -
-* ' !� i!2E l7).:.AiICC 0. Pf i:i1T -
C . ...rJJ
!Ziil A C. N' -i! C THE CERT.
CF THE C!IY CLE3t 7;!A.' :i V;',;9 '.A'iE -i) :1:) APPEAL HAS DEEM FILED,.
G T3:'.. ' '.�'- :,?I A I'f;_ .c:i. .�, +. IT i:: ...'.::I DI...!ISSEO OR DE?TIED IS
pvEG 'OCD III THE SGI:TH ESSEX R-CISizY OF ' FOU A,.O C:D'd::ED WDER THE tAiilE OF THE O'ltilER
OF RECi.RD CR IS RECORDEO AND NOTED ON THE OL"NER'S CEP.TIFICATE OF TITLE.
BOARD. OF AP?EAC
A COPY OF THIS DECISION FL1S BEEN FILED WITH TILE PLANNING BOARD AND THE CITY CLERK
CIT'i i r fICE
PP-Da*b of AppzJa SALEM. MASS.
SEPTEMBER 26, 1979
DECISION ON THE PETITION OF DR. AND MRS, JOEL GREEN FOR A SPECIAL PERMIT FOR
310 LAFAYETTE STREET.
Pursuant to a proper notice of public hearing, a public hearing was held on
September 26, 1979 on the Petition of Dr. and Mrs. Joel Green requesting a Special
Permit to operate a chiropractic office at 310 Lafayette Street. The building in
question is in a R-3 district. The Special Permit which has been requested may
therefore be granted upon a finding by the Board of Appeals, if the grant of the
Special Permit will promote the public health, safety, convenience and welfare
of the City' s inhabitants,
The Board of Appeals, after considering the evidence presented at the hearing
and after viewing the property makes the following findings of fact:
(A) The location in question is a large house within an R-3 district which
the petitioner Proposed to use as a single family residence and chiro-
practic office.
(B) The proposed chiropractic office will have two treatment rooms and a
waiting room/reception area.
(C) The location has six off-street parking spaces.
(D) The location is in close proximity to other medical offices.
On the basis of the above findings of fact and on the evidence presented at
the public hearing the Board of Appeals concludes 4 to 1 that the proposed use
will promote the public health, safety, convenience, and welfare of the City' s
inhabitants and that the proposed use is in harmony with the Zoning Ordinance.
Accordingly, the Board votes 4 to 1 in favor of granting a special permit to the
petitioners. (Messrs. Nutting, LaBrecque, Piemonte, and Feeherry in favor; Chairman
Boulger opposed) .
The Special Permit is therefore granted in accordance with the following terms
and conditions:
(1) The Special Permit is granted to use a portion of 310 Lafayette Street
as a chiropractic office.
(2) The Special Permit is granted on the condition that the property in
question shall be used as a single-family residence and chiropractic
office.
(3) The Special Permit shall terminate if the property is sold by Dr. Green
or if Dr. Green does not use it for his practice.
At-
A V _LE CP;.°3311'. .
1�:; ...__ cu- `•� •`IT TO $,CPC?f ll OF Tric l'A.$q,
C i...., _ i•' , L.7S ;rrrn -1-C Darr OF FUNG
u r r' " At
;_ ty. Anthdny M. Feeherry
ActingSecreta '
® I r.-., i O's ii l C.c C-',in IS _
SUbi { ES$ N17.1E OF T.E OWNER
".iUcu A:D i PFI FiLJi Cr .L.,. - -
1+ x
T`l i Poarb of Appeal L1 ;4 17 Fill '19
SALEM. HASH,
FEBRUARY 14, 1979
DECISION ON THE PETITION OF FRANCIS H. MtNROE AND ANN MUNROE CONCERNING PROPERTY
LOCATED AT 11 LOCUST STREET (R-1 DISTRICT) .
A hearing on this petition was held on Wednesday, February 14, 1979 with the
following members of the Board present: Edward Luzinski, John Nutting, Douglas
Hopper, Arthur LaBrecque and James Boulger. Notices were sent to abutters and
others and duly published in the Salem Evening News on January 31, and February 7,
1979 in accordance with Mass. General Laws, Chapter 808.
Atty. George Atkins represented the Petitioner before the Board. The
petitioners are seeking a variance for the existing non-conforming side line on the
property located at 11 Locust Street. The Mur,roes sold the property in question
in December, 1978 to Orlando DiPaolo and at that time a discrepancy was found in
the way the house was placed on the lot leaving the house with less than a 10 foot
sideline. In order to get a clear title to the property the petitioners have
petitioned for a variance.
Letters were received from six abutters in favor of the petition. None
appearing in opposition to the petition.
The Board voted unanimously to grant the variance requested. The Board
found that it could grant the variance requested without derogating from the intent
of the Salem Zoning Ordinance and without substantial detriment to the surrounding
neighborhood.
VARIANCE GRANTED -.to4.n ,,. :............... .. .. ..
APPEAL FROM THIS ONE= IF ju, SHALL BE ?::ADE PURSUNU TO SECTION 17 OF THE PAASS.
GENERAL LAPIS. CHAPTER 303. AND SHALL BE ALTO !"ITbiiN 2Q DOS Any THE DUE OF FILING '
OF iL IF OFFICE OF THE CITY G Q
PUPSANT TO AS! GtPER L LAI ) C PrT R BUT. 14
+l HE ulRir, F OR SPECIAL PERMIT
GRANTED HERE;!. SH?LL NUT TME ERTT UnI A ON VIA&-TE H I RING TN= CERT Dough sl Hopper
FICAPON OF THE CITY C EU Th AT 20 OMS HA;, I SEV A00 M APPAL HAS REP! F EO. Acting Secretary
OR THAT, -IF Sh PN APPEAL HAS BCEN F!.E; TH 1 F 'i.. I FvM OR DDIED 13 .
RECORDED IN THE SQUI ESSEX RET TR( OF 050S AND 1010D LOU ME NVE OF THE OWNER _
U RECORD OR IS REMIT.DED AND NOTEO OF! THE UVINER'S GERNFICATE OF TALE.
U01RO OF APPQ
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
AA 1 11 7qp❑ \ �/
H.ocrmr.� AUI,
fit of ttlera
ilk•. a
P=bt of JArttl
JUNE 20, 1979
DECISION ON PETITION OF HENRY AND RUTH WINTERS, 26 LORING AVENUE (R-1 DISTRICT)
A hearing on this Petition was held on June 20, 1979, with the following Board
Members present: James Boulger - Chairman; Arthur. LaBrecque; Douglas Hopper;
John Nutting; and Associate Member Edward Luzinski, Notices were sent to
abutters and others, and duly published in the Salem Evening News on Jule 6,
and 13, 1979 in accordance with Mass. General Laws, Chapter 808.
Atty, Philip Litman represented the Petitioner before the Board. The Petitioner
is seeking a variance in order to convey 1,993 square feet of land shown on
plan as Parcel B which would reduce the minimum lot area of Parcel A on said
plan below the requirements for R-1 District, He also represents Mr, and Mrs.
Hogan abutters to Parcel B on Charles Street, who wish to purchase the land to
increase the size of their lot which is below the code lot size requirements,
The Winters are in the process of selling the property at 26 Loring Avenue and
• would like to convey this land to the Hogans, .
The Board found that it could grant a variance at 26 Loring Avenue to reduce.
the size of the land to 9319 square feet, which will be undersized, according
to the code. This was done because of the unusual configuration of the land,
and a variance to annex the conveyed land to the Charles Street land, also
vastly undersized,
The Board decided that this would not substantially derogate from the intent
or purpose of such zoning ordinance or by-law. The land to be conveyed is
considerably lower in elevation and is of little usuable value to the land above.
VARIANCE GRANTED UNANIMOUSLY
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17. OF THE MASS.
GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED 71ITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE CFFICE OF THE CITY CLERK. -
PL'RW—IT TO i4ASS. GEN.:RAL 13715. CH.'.?TER BOB. 't JION 11. THE VARIANCE OR SPECIAL PERMIT �f'Q�wr.[.2J /✓, L/U..aLi.�,o,Pii•%
CR.ANTED HEREIN. SE LL HJT Ta C: OF _i'T C.ML A COPY OF THECT.Ci 171. BEARING THE CERT- ames H. Boulger, Jr �
FICATIOa OF THE CIIY CLERK TEAT 2L bAiS HA'!• 114'M '.:a ''i0 APPEAL HAS BEEN FILED,.
Chairman
CR TWD. IF.SLICK f.N APPLAL HAS 3EEI W9 IMA DIS IISSED OR DENIED IS -
RECORDED IN THE SOLIM ESSEX REGISf RY GF %EO,3 WiD IN)E%ED UNDER THE NAME OF THE OWNER
OF RECORD OR IS RECORDED AND NOTED OH TIIE GWNER'S CERTIFICATE OF TITLE.
BOARD Or APPEAL
• A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
(I1itg of '�5airm, assar4uutts D
., yf Pnarb of �ypvd Nc� i �3 kf1 79
GUgV£O+
CITY °.;.'J -,FFiCt
NOVEMBER 14, 1979 SALEM,MASS.
DECISION ON THE PETITION OF ARTHUR VALASKATGIS CONCERNING PROPERTY LOCATED AT
57 LORING AVENUE IN AN R-1 DISTRICT,
A hearing on this petition was held on November 14, 1979 with the following Board
Members present: James Boulger, Jr. , Chairman; Douglas Hopper; John Nutting; Joseph
Piemonte; and Edward Luziuski. Notice of the hearing was sent to abutters and 'others
and a notice of the hearing was published in the Salem Evening News on October 3I,
and November 7, 1979 in accordance with Massachusetts General Laws, Chapter 40A.
Mr. Boulger withdrew from the voting on this petition.
Atty. George Vallis represented the petitioner before the Board. The petitioner
is requesting a variance to construct a new commercial building for use of retail
sales of automotive parts and supplies. Atty. Vallis stated that.this is not- a .
true residential area although zoned so. He felt relief was warranted as the site
is directly across the street from a B-1 District. It has been vacant for 10 to
15 years, and no one would be interested in putting.a. house on this particular site,
as the area is too commercial.
�. The present residential zoning wherein subject property is situated is uncharacter-
istic of immediate neighborhood and is impractical .to develop for residential use.
Property is bounded to the South by Housing Authority apartments; to the East by
Housing Authority and Salem State College; to the North across Loring Avenue by
Business 1 Zoning; to the Nest by Residential and Industrial Zoning. Proposed use
is a permitted use across the street and is an appropriate use in that area.
Petitioner would install sufficient green area as a buffer zone between abutting
properties.
The Petitioner stated that the-parking as shown on submitted plans would be strickly . '
for business use and that landscaping would include : trees and shrubs. Small electric
machines would be usedinside the proposed building.
The Board voted unanimously to grant the variance requested. The Board found that
due to the existing commercial character of the neighborhood that any potential use
permitted in an R-1 District would be unrealistic and that a hardship does exist and
that it could grant the variance without derogating from the intent of the Salem
Zoning Ordinance.
APPEAL FROM THIS DECISION, IF ANY, SHALL 9E MACE PURSUANT TO SECTION 17 OF THE MASS. - - -
GENERAL LAMS. CHAPTER 803, AND SHALL OEFILED WITHIN 20 DAYS AFiR THE DATE OF FILING
OF THIS DECISION IN THE C';HCE OF THE CITY CLERK(. - - -
PURSANT TO :!ASS. GEN—RAL ::`,':i5. CkAPTER 5O8, SEG?:'ilr 12, iFIE VAP,LANCE OR SPECIAL PERMIT
GRAN,'ED HERER. SHALL NOT. c T W:TIL A CCPY CF THEDECISl9'rI. CEARiN3 THE CERT• -
FICATION OF THE CITY CER✓ THAT 20 DA";S HAVE ELAP O "NO N13 APPEAL HAS OPE: FILED, 1
*,T, IF SUCH AN APPEAL HAS C i r�IEU THA+ IT "xS 3`cI " S:ISTD LP DENIED IS
0 IN THE SLUM ESSEX RECISiRI CEDE OS AND INDEXED UNDER THE NA'AE OF THE OWNER �--��y
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. DouglasAopper V / -r-
Acting Secretary
BOARD OF APPEAL
VARIANCE GRANTED
--A COPY.-OF.:THIS .DECISION HAS BEEN FILED WITH.THE PLANNING BOARD AND THE CITY'CLEE
v RE C ; U 1
� f1lit of
j; '1 Sobzss�ztit �fpID
` SA0 LsL:MH5Ay Sel1S;`11f.
�'(L7t9
5
CITY 46L;', . .1f fICE
SALEMeHASS. MAY 17, 1979
DECISION ON PETITION SUBMITTED BY ESTHER REALTY TRUST CONCERNING PROPERTY LOCATED
AT 72 LORING AVENUE (B-2 DISTRICT).
A hearing on this petition was held May 17, 1979 with the following members of the
Board present: James Boulger, Chairman; Arthur LaBrecque; Douglas Hopper; John Nutting;
and Associate Member Edward Luzinski. Notices were sent postpaid to abutters and
others and duly published in the Salem Evening News on May 3, and 10, 1979 in
accordance with Mass. General Laws.
Atty, John Serafini, Sr., represented the Petitioner before the Board. Esther
Realty Trust is the Owner of a parcel of land on which they seek a Special Permit
to build a racquetball recreational facility. Mr. Michael Shooltz will be the
developer and operator of the facility. The Petitioner notes that the building will
cost approximately $975,000.00 and return $40,000.00 annually to the City. 66 parking
spaces will be provided, building lot coverage will be about 20%. A 24 foot high
building of masonry construction, sound contained, is to be erected which will be a
membership club.
The Board voted unanimously to grant the Special Permit requested with the following
restrictions: 1.) Air conditioners be moved to front of building with acoustic
screen shielding; 2.) A fence be erected along lot lines; 3.) Adams Street be
restricted from access with large boulders and chain link fence; 4.)Hours of operation
shall be 7:00 A.M. to '. 11:00 P.M.
The Board found it could grant the Special Permit requested without detriment to the
surrounding neighborhood and without derogating from the intent of the Salem Zoning
By-Law. A literal enforcement of the provisions of the Zoning Ordinance or By-Law
would involve substantial hardship, financially, to the appellant.
SPECIAL PERMIT GRANTEID
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF TEE MASS. _ �
GENERAL LAYS. CHAPTER 803. APID SHALL BE FILED '.iITHIN 20 DAYS AFTER THE DATE OF FILING es H. Boulger, Jr. f'b`—CL
OF THIS DECISMN IN THE OFFICE OF THE CITY CLERK. airman
PURSAi?LTO :'-'ASS. GEf!E4:L L",:'1S, CH?,:TER 838, SECTION 11, THE VARIANCE G3 SPEC.AL PERUIT
GRANTED HEREi;;, SHALL N"T. ,!(E EF-;CT WTIL A COPi OF THEOEC:S: BE.sRi.N3
_1-IE CERT-
. FICATION OF THE CIfY CLEn: fF';iT 2, DAYS HAVE °L4?SE9 A" N3 A,'?-IAL HAS BEEN' FILED,
BR THAT, IF SU;H AN APPEAL io..S CEEN r'!'E, T11AT If Fi',S BEET! OLr^.i f'SSED OR CENIEO IS
REn CED IN TRE SOUTH ESSEX RE('ISTRY OF DEEDS AND INDEXED UNDER THE NA!:1E OF THE GYINER
OF RECORD OR IS REC3ROED AND N61ED ON THE O INER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
• A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
+ C17i FFIC-
Batu >af ttllent, Oazear4usetto SALEH, HAss_ �D
JANUARY 18, 1979
DECISION ON THE PETITION OF MICHAEL H. BEATRICE, 95 LORING AVENUE
Hearing on this petition was held on December 27, 1978 and continued on
January 18, 1979, with Board Members Jane Lundregan, Douglas Hopper, James
Boulger, John Nutting and Joseph Piemonte present. Notices were sent to abutters
and others in accordance with Massachusetts General Laws; Chapter 40A.
Atty. Michael Martin represented the petitioner before the Board. The petitioner
is requesting a Variance from the residential use on the property in order to story
use the premises as a real estate office. The building is a two and one-half/cinder
block building. The building is now being used for residential purposes. The
petitioner contended that it was not feasible to rent this property as strictly
residential use. He said it did not allow for sufficient income. The surrounding
buildings in the neighborhood as predominantly residential.
The Board voted to deny the petition requested for the variance because the
• Board found that the property could be used as a residential building and that
the question of hardship had not been proven. The Board further felt that it
would be detrimental to the public good and a detriment to the neighborhood to
allow the building to be used for commercial purposes.
VARIANCE DENIED
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS. 1
GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 2O DAYS AFTER. THE DATE OF FILING �u.cZx-fes I i� Auer
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. - Jane T. Lundregan s
PL'RSANT TO MASS. GENERAL LAWS, CHAPTER. 803, SECTION 11, THE VARIANCE OR SPECIAL PERMIT VSecretary
GRA7'11ED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEARNI3 THE CERT-
FICATION OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED ANO NC APPEAL HAS BEEN FILED,
OR THAT, IF SUCH AN APPEAL HAS BEEN FILEPTHAT IT HAS UEEN DISMISSED OR DENIED IS
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NWAE OF THE OWNER
OF RECORD OR IS RECORDED AND NOTED ON THE 0WNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED 14ITH THE PLANNING BOARD AND THE CITY CLERK.
REC-'IVE-o
z�
CHC of Satern, Assar4us$fts .r PH 9
CITY UFFJCE
Pjjarb of Mind SALEH,HASS.
11
OCTOBER 17. 1979 �/vvrd' }/. A111
DECISION ON THE PETITION OF MR. AND MRS. MAURICE BENNETT FOR A SPECIAL PERMIT
FOR 180 LORING AVENUE
A hearing on this Petition was held on October 17, 1979 with the following
Board Members present: Anthony M. Feeherry, Acting Chairman, Douglas Hopper,
John Nutting, Associate Members John Piemonte and Edward Luziuski. Notices of
the hearing were sent to abutters and others and a notice of the hearing was '
published in the Salem Evening News on October 3, 1979 and October 10, 1979 in
accordance with Massachusetts General Laws, Chapter 40A.
The Petition of Mr, and Mrs. Bennett requests a Special Permit to use the
property at 180 Loring Avenue as a Medical Office for one physician, a secretarial
person and a nurse, none of whom shall reside on the premises. The property is
within an R-1 District; however it has for many years been used as a Music Studio .
:for the teaching of Piano.
The provision of the Salem Zoning Ordinance which is applicable to this
request for a Special Permit is Section V, P AO which provides as follows:
Notwithstanding anything to the contrary appearing in the Ordinance,
the Board of Appeals may, in accordance with the procedure and conditions
set forth in Section VIII F and IX D, grant Special Permits for alterations
and reconstruction of nonconforming structures, and for changes, enlargement,
extension or expansion of nonconforming lots, land, structures, and uses,
provided, however, that such change, extension, enlargement or expansion
shall not be substantially more detrimental than the existing nonconforming
use to the neighborhood, nor shall this paragraph apply to billboards,.
signs, or other advertising devices.
In more general terms, this Board is, when reviewing Special Permit requests,-
guided
equests,guided by the rule that a Special Permit request may be granted upon a finding by
the Board that the grant of the Special Permit will promote the public health,
safety, convenience and welfare of the City's inhabitants.
The Board, after considering the evidence at the hearing on this matter,
makes the following findings of fact:
1. The property in question is in an attractive residential neighborhood.
2. The property has, for approximately 17 years been used as a music
studio for the teaching of piano by Mrs. Bennett.
. 3. At present Mrs. Bennett has approximately SO students whom she teaches .
weekly at the property. Previously, she had substantially more students.
4. The proposed use of the property was strongly supported by many in the
vicinity of the property. Opponents to the proposed use of the property
cited increased traffic as their principal concern about the proposed use.
(9itg of 'Salem, �Elttssat4usE#eW, Z3 12 FH '19
• �;�� - .
...... of V4 ClT SALEH.HASSfIL'E
r`i
DECISION - MR. AND MRS, MAURICE BENNETT - 180 LORING AVENUE PAGE Wo
On the basis of these findings of fact and on the evidence presented At
the public hearing, the Board of Appeals finds (i) that the proposed use of
the property will not be substantially more detrimental than the existing use
to the neighborhood, (ii) that the proposed use of the property will promote
the public health, safety, convenience, and welfare of the City's inhabitants,
and (iii) that the proposed use of the property is in harmony with the Salem
Zoning Ordinance. Accordingly, the Boardapproves the granting of a Special
Permit to the Petitioners. Acting Chairman Feeherry and Messrs. Hopper,
Nutting, Piemonte and Luzinski voted in favor of the Special Permit.
The Special Permit is therefore granted in accordance with the following
terms and conditions:
(1) The Special Permit is granted to use the property at 180 Loring
Avenue as a Medical Office for 1 doctor, 1 secretary and 1 nurse,
none of whom will reside at the property.
(2) Except in emergency situations, the use of the property as a
Medical Office will be limited as follows: Office hours for the
treatment of patients shall be limited to four weekdays per week;
office hours shall be limited to the hours 10:00 a.m. to 5:30 p.m. ;
no office hours will be conducted on weekends.
(3) The grassy area on the corner of Loring Avenue and Moffatt Road shall
remain in its current state.
(4) Two additional paved parking spaces shall be constructed at the property
as shown on the plans provided to the Board. These parking spaces
shall, in all respects, conform to the provisions of Section VII of
the Salem Zoning Ordinance.
`(5) There shall be no structural changes to the exterior of the building and
all interior renovations at the site shall be in accordance with the
plans submitted to the Board. ,
(6) Any sign at the property shall be in accordance with the Salem Sign
Ordinance.
(7) Subject to any action of the City Council to the contrary, the Board
directs that at no time shall a No Parking - Doctor's Office sign be
erected on the Moffatt Road side of this property.
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSU�ApNTy yT,�OG.SECTTsI44O��NII 17 OF THE MASS. _
ENERAL LAYISIWnt ERERMITH.tVMjtb)th" l.OtVlilTl�OLNJHE DATE OF FILING
APPEAL FROM
THIS DECISION IN THE OFFICE OF THE CITY CLERK. - -
PURSANT TO MASS. GENERAL LA41S. CHAPTER, SOS, SECTIGN 11, THE VARIANCE OR SPECIAL PEP,i.jlT
GRANTED HEP.EtN. SHALL NOT TAKE EFFECT-UNTIL A COPY OF THE DECISION, BEARIIti THE CERT-
FICATION OF THE CITY CLERK THAT 20 DAYS H.YE E'J:PSED Pfi) NO APPEAL HAS BEEN FILED,
QR-THAT, IF SUCH AN APPEAL HAS BEEN FILEDTHAT IT HAS BEEN DISd1iSSED OR DENIED IS Atty. Ant Ony M. Feeherry &
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNEACting Secretary
O RECORn Olt IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
HOARD OF APPEAL -
A MDV-hV TRTTQ 7iP0TQTAW PAdRFRN`PTT-RT1 TJTT[T TIM. PT.AMT TNC TtnAT2T1 ANLL T r. 'r.TTV-.(Tran- +
Tito of o5alrm, Ansear
PIIMrb Df 'tA Iptt[ SALEM. MASS: ..
uaYc MARCH 28, 1979
DECISION ON THE PETITION OF THE FIRST CHURCH OF CHRIST SCIENTIST, ROBERT
CURRAN AND JAMES HURRELL-16 LYNDE STREET (R-3 District)
A hearing on this Petition was held on March 28, 1979, with the following
Board Members present. James Boulger, Chairman, Jane Lundregan, Edward Luzinski,
Raymond Nutting and Joseph Piemonte. Notices were sent to abutters and others
and duly published in the Salem Evening News on March 14 and 21, 1979 in
accordance with Mass. General Laws, Chapter 808. .
Atty. Robert S. Raymond represented the petitioners before the Board.
The petitioner is seeking a variance in order to use the property at 16 Lynda
Street for a museum without providing the off-street parking as required in
Section 7 of the Salem Zoning Ordinances. Evidence was presented that the
building has a limited use because of its architecture and the nature of the
building, to wit a church. There are public parking facilities in the. area.
There was no opposition.
The Board voted to grant the petition requested, that the .building at
16 Lynda Street be used as a museum only, and that the owners of said building
• provide parking space for their employees as required under the Zoning Ordinance,
page 48 which states that there shall be one parking space for every two employees.
The Board found that it could grant the variance requested because of the
unique nature of the building in question and its limited use. The Board found
that the granting of the variance would not derogate from the intent of the
Salem Zoning Ordinance or be detrimental to the surrounding neighborhood,
VARIANCE GRANTED
APPEAL TROTT THIS DECISION. IF ANY. SHALL BE „ADE PURSUANT TO SECTION 17 OF THE RTAU.
GENERAL LAVIS, CHAPTER 803. AND SHALL 3E ;HED 6VITH.IN 23 DAYS AFTER THE DATE OF FlUNG
OF .THIS DEC!SIJN IN THE OFFICE u'F .111E CITY CLERK. t ��
r
PURS.ANT TO MASS. GE!ERA'. iAi:S. CiL�I Pi EI; 3d3 SECTIO'' 11, THF VAP.!AtICF OR SPECIAL PE'r�. L RCIYe`•an �,
-.r.�- Ile
GRANTED HEREIN, SHALL N" 1 TA:KZ EF4CT UNTIL A COPY CF THE DE':!SICiI, DEARIN3 THE CERT e I,,, g h
FICATICN OF THE CITY UU-; TNAT 20 CAIS H1''E ELAPSED A."40 N3 APPEAL HAS B cN FILED,Secretary
OR THAT, IF SUCII AN APPEAL H S BEEN FILEP"HAT IT HAS BEEN DIS?I,USED OR DENIED 13
RECO^DEO IN THE SCUTH ESSEX RECIS CP( OF DEEDS AND INDE"ED UNDER THE NA,'dE OF THE CWN�p
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CECTIFICATE OF TITLE. -
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
•
1 µC'Ci
`Z
IIf
of ' } �ra29 DEG Z5 1 16
DECEXBEtC19, 1979 CITY C�- µ:.,'jEFr'ICK
DECISION ON THE PETITION OF GEORGE R. .TILTON REQUESTING A VARIA;S�C"FN SHTS
#353, #354, #355, #356 and -x357 MARLBOROUGH ROAD.
A hearing on this Petition was held on December 19, 1979 with the following
Board Members present: James H. Boulger, .Jr. , Chairman, Messrs. Nutting-,
LaBrecque, Feeherry, and Associate Member Luzinski.. - Notices of the hearing_
were sent to abutters and others and a notice of the hearing was published
in the Salem Evening News on December 5 and 12 in accordance with Massachusetts .
General. Laws, Chapter 40A.
The Petitioners have requested a variance for the property designated
as Lots -x353, -x354, #355, #356 and -x357 Marlborough Road to eombine these
five small lots into two lots each having a frontage of 150 feet and an area
of approximately 13,500 square feet. A variance is required because the lots
are in an R-1 district where building lots must have an area of 15,000 square
feet with 100 feet of frontage.
The Board of Appeals, after consideration of the evidence, presented at
the public hearing makes the following findings of fact:
1. The property in question is divided into. five small lots, none
of which has sufficient area or frontage for single-family dwellings.
.- 2. The area surrounding the property has, in general, homes which
are situated on lots with an area less than 15,000 square feet.
3. The requested variance does not adversly impact upon the privacy
of any abutters.
On the basis of the above findings of fact, and evidence presented at
the public hearing, the Board of Appeals concludes as follows:
1. Previously the 5 lots in question were each suitable for construction .
of a single family dwelling. The lots have become a single lot by
the operation of the zoning law.
2. The conditions described above especially affect the land in question
but do not generally affect the zoning district in which the land
is located.
3. The conditions described above uhich affect the land in question,
but not the zoning district generally cause the following special
hardy^ip; yrithout variance, the land cannot be developed in a
e.=_aner consistent with the surrounding ae_;S boyhood.
4. The desired variance may be granted without substantial detriment
to the public good.
•
RE
• - LLE 3 of Appecai Z;-
CITY
aCITY '1 _ , 'S OFFICE
SALEM. MASS,
PAGE TWO .DECISION - GEORGE R. TILTON - LOTS #353, #354, #3551 #356, &
#357 MARLBLROUGH ROAD -
Therefore, the Board of Zoning Appeals by a 4-1 vote with Chairaan '
Boulger, Messrs. LaBrecque, Feeherry, and Luzinski voting in favor and
Mr. Nutting opposed, approves the granting of the requested relief and
grants a variance to the petitioners on the follo4ing terms and conditions
The three lots in question can, conditioned upon the approval of the
Planning Board be combined in accordance with the plans submitted to this
Board into 2 lots,rLot A with a frontage of 144.87 feet, and Lot B with
a frontage of 155.13 feet, and each.with approximately 12,000 square feet
of area.
GRANTED
Anthony M, F eherry /f
Acting Secr tart' v
APPEAL FROM THIS DECISION IFF MY SPALL BE MADE PURSUANT TO SECTIO 1 17 OF THE MASS.
,. TdE DATE OF FILING - - -
r. c c•` YS AMR
�. cn .. ! ,I,tllii 20 DA
.. •c L.,Lt G_
,c. Ct....T_„ C_�, A.IO . _
R..L LAWS. -
OF TH!S DECIS:O7 13 THE G,-;ICE G.'- THE CITY CURK. -
Fu':SAiiT TO MASS. C`E';= A: UVS, C^A?TER 3c3. SECi!v'; 11. THE VARIMCE OR SPECUAL PERMIT -
GP,j,IT=O HC^.Ci.'i. S�=1L t:�T TA.iE EFFECT O:FTIL A C87Y OF TE_OCCI;!:,!, R3.�^n.`= THE CERA -
FICAT:0:1 OF THE CM, CLEiS T9.lT ?G On:S HA,� i`!0 APPEAL HAS B_Et1F1j40,
'OR THAT, IF SUCH AN APPEAL HAS KE-N FILE. TR7 I r S EcEN DIS :(SSEO LR DENIED IS - - -
RECORDED IN THE SOUTH ESSEX REGiST2Y CF D&.,.. UNDER THE NAYIE OF THE OWNER
.OF RECORD OR iS RcCORDED AND NOTED ON THE O';li;ER-S CERTIFICATE OF TITLE.
130ARR OF APPEAL - - -
A COPY OF THIS DECISION HAS BEEN FILED W= 1 PLANNING BOARD AND THE CITY Cur
RECE1v1_0
Ct of calem u3 sY.t E fia
1 C� UCl ( 4s AH 79
/ Puarb D¢ AMA CITY : �c •.r UFFICE
JA ab 4a,
SALEM. MASS.
SEPTEMBER 26, 1979
DECISION ON THE PETITION OF MR. AND MRS. GARY SACKRIDER REQUESTING A VARIANCE
FOR 19 NORTH STREET
Pursuant to a proper notice of public hearing, a public hearing was held on
September 12, 1979 and continued on September 26, 1979 on the petition of Mr. and
Mrs. Gary Sackrider requesting a variance to renovate the building at 19 North
Street and to use the'structure for three law offices and an office for a steno-
graphic reporter's office and two apartments. A variance is required because
the building is in an R-2 district (Two-family residential) where the proposed
use is prohibited without a variance.
The Board of Appeals, after consideration of the evidence presented at the
public hearing and after viewing the property makes the following findings of
fact:
(A) the location in question has been vacant for over a decade.
The building is currently in disrepair. The prior use for
• the building was as a boarding house.
(B) the building in question is in close proximity to B-3 zoning
where the proposed use would be permitted.
(C) the building is in close proximity to several other buildings
which are used for businesses and law offices.
(D) the proposed use of the building presents a positive improve-
ment in the area in question and will benefit the public interest.
(E) the proposed use of the building in question is strongly
supported by those in the neighborhood.
On the basis of the above facts, and the evidence presented at the public
hearing, the Board of Appeals concludes as follows:
(1) The unique character of the structure at 19 North Street
together with its current state of disrepair renders it
impossible to utilize the building for any purpose without
the grant of a variance.
(2) The conditions described above especially affect the structure
in question but do not generally affect the zoning district
in which the building is located. The structure in question
is unique because of its age, its prior use and its current
state of disrepair.
(3) The conditions described above which affect the land in question,
but not the zoning district generally cause the following special
hardship: without the grant of a variance the structure cannot be
utilized and will remain in disrepair.
varb Vf rai CITY -!RICE
SALEM. HASS.
PAGE TWO - DECISION - MR. AND MRS, GARY SACKRIDER - 19 NORTH STREET
(4) The desired variance may be granted without substantial
detriment to the public good because the renovation of
this building will improve the appearance of the neighbor-
hood, increase property values and in no way adversely
affect the property rights of others.
(5) The requested variance may be granted without derogating
from the intent and purpose of the zoning ordinance for
reasons stated in Paragraph No. 4 above.
Therefore, the Board of Zoning Appeals with Chairman Boulger and Messrs.. .
Nutting, LaBrecque, Piemonte and Feeherry voting unanimously in favor of granting
the requested relief, grant a variance to the petitioners on the following terms
and conditions:
(1) The variance is granted to use 19 North Street for three
. law offices and a stenographic reporter's office and two
apartments.
F
(2) All renovations at the site will be in conformance with
plans submitted to the Board,
(3) Ten off-street parking spaces will be maintained at the
property.
(4) The exterior stairway at the site will be enclosed, with a 1'k
hour fire-rated wall of masonry material on the face of the
stairway exterior wall.
VARIANCE GRANTED
Atty. Anth?Wy M. Feeherry
APPEAL F .,.,! .,,iS r I ^.;!, IF ANY !`.LL :ADE P:i SCANT TO Sc.,-17�! 17 OF THE PLASS. Acting Secretary
_EJ : :i iiia 20 DAYS AFTU.,NE DATE OF FILING
S-1;-1 11, T:1E Of' "' J,.. P-R. '!FF
F: :. a^.
iii= r'.''.1E :F T::= D'i1R ER
EC-RD OR IS CEO A14D iJicO D:i ?tc D•,1L Ei:S 6 :IFICA(E CF TI:LE.
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
�.atta�nl
N
♦ \�LMI`F� FEB (�
CIT'i n VICE
SALEM. PASS. JANUARY 18, 1979
DECISION ON THE PETITION OF JOSEPH BACHOROWSKI AND STERLING ROFTE, TRUSTEES OF
25 NORTH STREET REALTY .TRUST CONCERNING PROPERTY AT 25 NORTH STREET LOCATED IN AN
R-2 DISTRICT
A hearing on this Petition was held on January 18, 1979, with the following
Board Members present. Jane Lundregan, Douglas Hopper, John Nutting, Joseph Piemonte
and James Boulger. Notices were sent to abutters and others in accordance with
Massachusetts General Laws, Chapter 40A.
The Petitioners requested a Variance which would permit them to use the
premises for the purpose of conducting law offices therein and a Variance from the
parking requirements.
Attorney George P. Vallis represented the Petitioners before the Board. It ,was
explained to the Board that the building situated on the premises had been vacant
for approximately eight years and had fallen into serious disrepair. It was
previously used as a two-family dwelling house and contained a laundry business on
the first floor. The property is within close proximity to a B-3 District cohere the
proposed use is permitted. It was also shown to the Board that many abutting
properties to the premises were used for business purposes including the offices of
the Salem Parks Commission at 9 North Street.
Although the plans submitted showed four parking spaces, it was submitted that
it would be adequate for the Petitioners' purposes.
Letters from abutters were submitted to the Board stating their support in favor
of the Petition. No one appeared in opposition.
The Board voted unanimously to grant the Variance permiting the purposed use and
the number of parking spaces shown on the plans. It found that it would be difficult
and economically unfeasible to restore the building to its prior use as dwelling
units and the enforcement of the Zoning Ordinance would involve unnecessary hardship
to the Petitioners since the proposed. use as a law office building would be the
highest and best use for this property. The Board also found that relief in this
case could be granted since the immediate area is presently used for business purposes
and that. the proposed use of the property would not result in any diminution in the
values -of the surrounding properties but would in .fact enhance their values. The
So 3rd also found that the proposed use-would further provide a public service and -
would benefit. the public interest.
VARIANCE GRANTED
r" r 1`' u m ( '1. r• S 0 S Ii 117 'CF THE MASS -
Cu
. .JTSane T. Lundregan _
. E- !t ' n+ "$eCretary
1 w . 1° C' 1 uc v irH Ji 11 .1 n r 'Ld'S."l -) f 0 A7? 1l !ifS L F0 D -
1'� i yJI7:i AN HSG ci; i!L D?..A; IF H.w r._.M Ci S.tIS i..D OH b.i.._J i.. -
P
IN,
OF EEC�;;D-OR iS RECORDED-A'.13 1:0 ED ON TJE ii PIMEHS Cc^TIFICATE OF TITLE. .
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY.CLERK
,. Otg of %12m,
.rFJCE
• e, ' , _ � PIIarbr of _Zd
JULY 13, 1979
DECISION ON THE PETITION OF.HARRY M. ANDREWS, TRUSTEE CONCERNING PROPERTY
LOCATED AT 72 NORTH STREET AND R-4 FRANKLIN STREET (R-2 District)
A hearing on this Petition was held on July 13, 1979 with the following
Board Members present: James Boulger - Chairman; Arthur LaBrecque; Douglas
Hopper; John Nutting and Associate Member Edward Luzinski. Notices were
sent to abutters and others, and duly published in the Salem Evening News
on June 29 and July 6, 1979 in accordance with Mass. General Laws, Chapter 808.
Atty. John Serafini, Sr. , 65 Federal Street, Salem represented the petitioner
before the Board. On March 28, 1979 the petitioner requested a Special Permit
for the extention of a non-conforming use for the property located at 72 North
Street and R-4 Franklin Street. Petition was denied. The Petitioner through
cou.Lsel submitted the plans for the original petition and plans for this
petition and pointed out the differences. H> stated that the existing Burger
Chef building is to divided into a retail store, waiting room, office acid rental
property. The bays are all to be covered with roofs. The addition has been
• recessed. Mr. Serafini submitted pictures of the location as it is now. He
stated Mr. Andrews will be eliminating signs on the front. Extensive land-
scaping will be done and from a visual standpoint the location will be much
more attractive. He stated that this is a petition for a Special Permit dealing
with the provision of the zoning ordinance relative to a non-conforming change
provided it shall not be more detrimental than what exists.
Mr. Staley McDermott, Arch. and designer of the new plans submitted spoke on
the Petition. He stated that this is a radical change from the previous proposal
and an improvement in the area. He said traffic patterns have been established.
The Board found that the petition submitted is substantially different from
the original petition and voted to hear the petition as a new case. Mr. LaBrecque,
Mr. Hopper, Mr. Nutting and Mr. Luzinski voted in the affirmative; Mr. Boulger
voted in the negative.
The property of the Petitioner is located at the corner of Franklin & North
Streets in Salem. There are two structures on the property. The property for
many years was zoned for industrial uses. Through an extension of an existing
R-2 zone, the Petitioner's property which had been used and is still being used
for commercial purposes, was included in an R-2 zone. Also included were existing
gas stations, factories and a boat yard. Petitioner was not aware of the zoning
change until recently, when, following a fire, he applied for a permit to extend
a business use he had had for many years. In order to comply with the zoning
requirements, the Petitioner requests a special permit to change an existing
• business use and to extend an existing use as follows: To convert the building
formerly housing the Burger-Chef operation to a retail use of a store selling
accessories for car beautification, namely, waxes, soap powders, floor mats, and
related objects. Also to convert a portion of the same building into an office
�(�''II'�p lTy/ y� M�»}�.� r�-,r�"�jj�� ?{�tf�lr
�GY ilyl Yf gate , �.J'•Tassgi m i'iE O:rY
• � �` �� �uzr3 of itu1
�R
ECURVF.
DECISION - HARRY M. ANDREWS. TRUSTEE - JULY 13, 1979 PAGE TWO
(continued)
for the car wash; also to use a portion of the same building to provide for the
sale of coffee, doughnuts, and snacks for customers of the car wash. The
Petitioner requests four additional bays so that the present building and the
car wash are integrated as one unit with the same roof line enclosing both
structures and so that the petitioner will have one integrated structure for
his business on his land at North Street combining car appearance maintenance
and the sale of products and services used in connection therewith. In addition,
the Petitioner will provide suitable landscaping. No repairs, storage or sale
of cars is proposed, The Petitioner would discontinue the restaurant use of the
former Burger-Chef restaurant location. The project would reduce traffic. The
proposed alteration and uses would be compatible with the neighborhood which
is primarily an industrial/commercial area.
Drawings showing the proposed changes included floor plans, building elevations,
and site-landscaping plan were submitted to the Board. No one appeared in
opposition to the petition.
• The Board voted to grant the Special Permit as requested; change existing
business use and to extend the existing non-conforming use with the following
conditions - 1. Curb cuts and curbing, as per plan be installed; 2. There be
only one entrance and one exit; 3. That the plans be reviewed by the Planning
Board only in regard to the flood plain application; 4. The petitioner remove
approximately 400 sq. feet of existing sign as shown on the picture submitted;
5. The normal hours of operation on reconditioning be to 6:00 P.M. , the car
wash to remain open later.
On all the evidence the Board found that to grant the new petition for two
Special Permits as set forth in the petition would be less detr .mental to the
neighborhood, than the existing non-conformity and was in keeping with the
Zoning Ordinance as it applied to Special Permits, The Board also found that
the proposed change of use and extension of the existing non-conformity would
be beneficial, and could be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent and purpose
of the Zoning Ordinance.
The following Board members voted to grant the Special Permit requested; Mr.
Labrecque, Mr. Hopper, Mr. Nutting, and Mr. Luzinski. Mr. Boulger voted to deny.
SPECIAL PERMITS GRANTED WITH CONDITIONS
,! THIS ..EC Gi^.•I. Ii R'!Y. S?ALL UE ..1`CE PI;3SUA'iT TO SECTION ll OF THE G'.ASS-
. ..:J Sii%J_L C_ rft E-i .:11!!111 20 DAYS A"FER THE DATE OF FILIiGLf':"^^•,••••^••••'•
D:Ot J 1 I`' T:,E F ME CM.' CLERK.
• - Cc'- _tt L r.� q• c :I IL THE YA21A9CC OR S^EC'hL FEP.'AlT -
:� L A COWY C, TIi J.E'{Sta'; ,'', :',I' THE CRT-
_ _ UE CI'Y CLIP ii: .. .'.iti id1YE __'.i'S°. , :..) !.. A?2EdL HAS 5,EN FILED.
T uIF SL:`I :,;I APPEAL ctS V-E OR DENIED IS
S. - r.,� %ED U*IJE•a DIE NAME OF DIE MINER Douglas Hopper
-_cD III Tr{_ C'�i it ESSEX _. - -..
:- RECCBD C„ IS RECO'DEU W;!) NC,[e UJ 7diC d;;ilER'S CERTIFICATE OF TITLE. Acting Secretary
[BOARD OF APPEAL '
Ef1 7i
of
MAY 17, 1979
DECISION FOR RECONSIDERATION OF THE PETITION OF HARRY M. ANDREWS, 72 NORTH STREET
(R-2 DISTRICT).
A hearing on this Petition for reconsideration was held on May 17, 1979 with the
following Board Members present. James Boulger, Chairman; Arthur LaBrecque;
Douglas Hopper; John Nutting; Joseph Piemonte. Notices were sent to abutters
and others and duly published in the Salem Evening News on May 3 and 10, 1979,
in accordance with Mass, General Laws.
Atty. John Sera£ini represented the Petitioner before the Board requesting
permission to re-submit the petition of Harry M. Andrews to extend the non-conforming
use of the structure at 72 North Street, He said that the petition is substantially
different from the petition denied by the Board on March 28, 1979 by providing
landscaping, roof, facade and enclosure. Atty. Serafini requested that the
Petitioner be allowed to go back to the Planning Board.
The Board voted to deny the petition for reconsideration. The Board felt that
this was substantially the same concept for extension of the present non-conforming
use which would be detrimental to the surrounding neighborhood as it would increase
• the present traffic_ problems and aesthetic conditions. The Board found that it
could not grant this reconsideration requested without derogating from the intent
of the Salem Zoning Ordinance.
RECONSIDERATION DENIED
7•C,:�.n n .1 �LJr'JJJyJJ�vJJJ�
APPEAL FROM THIS DECISICH, IF ANY. SHALL BE I.'.ADE PURSUMIT TO SECTIO."! V OF THE MASS. J es H. Boulger, Jr.
GENERAL LAWS, C!;APTER M. AND SHALL DE FILE] UTIII(I 23 DAYS AFTER THE DATE OF FI LIi:G Q airman
OF TIIIS DECISIO:: IJ Td!E OFFICE OF THE CITY CL_P,:S.
PURST,?;I TO :;:ASS. ,E.:"A. 'i..'.'S. CII P'7G, S"., .0 I1. T:1E C2 SPECIAL PER,!IT
CRAa:iO FIERSi:(. Si:�%il PAicE EFFECT 9.iTl_ A '.;:'Y CF THE"EC:3''A. BEARiNS THE CERT
F!C^.T! :: CF i5E !:G ' .LE .. iHAI20 DA',S c.,. _j ".6J NO P?KAI -
_ HAS EE°" FILED, i
CR TH=T, IF SC.... ... A"F-EA_ F's CLE!i FI'__. ... IT ii.,S EE" DIS^ L o-D CR C-N'IED IS
R ECCiiC EO iP' THE S7'JTH ESSEX ''!DE
REGIS TRY CF � __.. .�.:17 iiiOv'.ED L. � R THE � n..E C.' THE O';1t;ER
OF RECORD OR IS RECORDED ARID i:O:EU Ci! 7HE� CERTIFICATE OF TITLE.
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PI-tilNING BOARD AND THE CITY CLERK.
•
Z� J
IL ii PR�'`I9
"'tfg of galPm, c'1$sadju£EfS81 CITYSALEM, HASSFtCE
• �r '` paurb of cA"VA
s
MARCH 28, 1979
DECISION ON THE PETITION OF HARRY M. ANDREWS, 72 NORTH STREET (Rear 4 Franklin St.)
(R 2 DISTRICT)
A hearing on this Petition was held on March 28, 1979, with the following
Board Members present. James Boulger, Chairman, Jane Lundregan, Edward Luzinski,
Raymond Nutting and Joseph Piemonte. Notices were sent to abutters and others
and duly published in the Salem Evening News on March 14, and 21, 1979 in
accordance with Mass. General Laws, Chapter 808.
Petition is for a Special Permit to extend a non=conforming structure at
72 North Street. Atty. John R. Serafini, Jr, represented the petitioner before the
Board. He stated the petitioner owned the building on the property that was a
fast food hamburger stand that is presently vacant, and he wishes to use the area
for the operation of four additional car bays, to go with his present use on the
property of car bays for the washing, caring and maintaining of motor vehicles.
The petitioner stated the addition would be cement block and connect the two
buildings on the property.
• The Board voted to deny the petition requested. The Board felt that an
extension of the present non-conforming use would be detrimental to the surrounding
neighborhood, because of traffic and problems and aesthetic conditions.
SPECIAL PERMIT DENIED
1
Jane T. Lundregan
APPEAL FROM THIS DECISIV.N. iF ANY. SHALL PE !BADE PURSUANT TO SECT!ON 17 OF THE MASS. Secretary
GENERAL IA.aS. CL:.r::.. E1C8. AiiD SHIP_ CE :. .... VVTHILI 20 DAYS AFT`_R THE DATE OF FILING
OF THIS 2c:15`c?! !i: rYH- CF}ICE 0' THE CIT! CLERK.
PURSA!IT T. ..J::S. L11�S. '.`i"•7iiR i'L'J'i !;. THE VA.^-•IA':('E OR SPECIAL PER"IT -
GR.lF!IFD F!S i:'E!ii. SNAIL t!dl FA;iE EV-_LI' ..BTC A Cfi:PY :'F TIIZO'%!":. .,, THE ".RT-
FILATIUIi OF !iIL CITY rl EiiS '0 7A!- NO AAP:AL HAS UEEi1FILED,
011 THAT, V S",:1 :T:. A'r`P=- i(P,:AS FSE'.I. FILE^:'f''� ,I; N.13 Ur°H DIS.'.ASSED CR DENIED IS
RECON)"D IN TILE SOU 111 ESSEX R[1AS;R'! Gr- :;D 1NULAED UNDER THE NAME OF THE OWNER
OF RECORD OR IS RECORDED AND NOTED ON THE OWU'S CERTIFICATE OF TITLE.
@OARR OE APPEAL;
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
RECTA
(11itg of '!5a em, assallusetts Un 23 12 12 PH '79
i, �� CITY C!-',-_v0S OFFICE
,•,s J Poarb ID{ Meal SALEM. MASS. .
OCTOBER 17 1979 i/klm
DECISION ON THE PETITION OF MR. WARREN BAUGHN FOR A SPECIAL PERMIT FOR 166 NORTH ST.
A hearing on this petition was held on October 17, 1979 with the following
Board Members present: James Boulger, Chairman, Douglas Hopper, John Nutting,
Anthony Feeherry and Associate Member Edward Luzinski. Notices of the hearing .
were sent to abutters and others, and a notice of the hearing was published in
the Salem Evening News on October 3, 1979 and October 10, 1979 in accordance
with Massachusetts General Laws Chapter 40A.
The Petitioner has requested a Special Permit to construct an apartment over
the existing garage connected to the one-family house at 166 North Street.
The Board of Appeals, after considering the evidence presented at the hearing,
and after viewing the property, makes the following findings of fact:
The proposed alteration on this two-family structure does not increase the
nonconforming nature of such structure.
On the basis of this finding of fact and the provisions of Massachusetts
General Laws Chapter 40A S6 and the applicable provisions of the Salem Zoning
Ordinance, the Board votes unanimously in favor of granting a Special Permit to
the Petitioners. Chairman Boulger and Messrs., Hopper, Nutting, Feeherry and
Luzinski in favor.
The Special Permit is therefore granted in accordance with the following terms
and conditions:
Construction shall be in accordance with the plans submitted to the Board of
Appeals.
SPECIAL PERMIT GRANTED
APPEAL FROM THIS DECISION IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OFTHEMAS9, Atty. Antho M. Feeherry 07 a
GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING Acting Sec etary
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. -
PURSANT TO MASS. GENERAL LAF!S, CHAPTER 80a, SECTION 11, THE VARIAN-CE OR SPECIAL PERMIT
GRANTED HEREIN, SHALL N0I TAKE EFFECT UNTIL ACOPY CF THEDECISION, BEADING THE CERT-
FICATION OF THE CITY CLERK THAT 20 DAYS PAYE ELAPSED AND NO APPEAL HAS BEEN FILED,
OR THAT, IF SUCH AN APPEAL HAS BEEN FILE,pTHAT IT HAS BEEN DNS.dISSED 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 APPM
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
" R E C E i`d=D Titof ` iItPlit, Annar1putto\
;° s) MBAR I i[ 42 Fli '79 Pruarb of �l} pvd
s
CID Crf ICE
SALEM, MASS. JANUARY 24, 1979
DECISION ON THE PETITION OF THE TRUSTEES OF THE SALEM LIBRARY AND THE TRUSTEES
OF THE NORTH BRANCH REALTY TRUST CONCERNING PROPERTY LOCATED AT 176 NORTH STREET
(R-2 DISTRICT)
A hearing on this petition was held on Wednesday, January 24, 1979. Notices for
said hearing were sent to abutters and others and duly published in the Salem
Evening News on January 10 and 17, 1979, in accordance with Mass. General Laws,
Chapter 808.
Board members Douglas Hopper, John Nutting, Joseph Piemonte and James Boulger
were present.
Atty. Donald Koleman represented the petitioners before the Board. The Petitioners
are requesting a variance for the former North Branch Library Building, located
at the corner of North Street and Liberty Hill Avenue, to allow a change in use
to offices for a professional association consisting of medical, psychological,
and educational services. The Library Trustees have entered into a Purchase and
Sales agreement with the Trustees of the North Branch Realty Trust for the sale
of the premises contingent upon the granting of this variance. The sale of the
property to the Trustees of the North Branch Realty would insure that the
architectural significance of the building would not be destroyed and that its
proposed semi-public use would be beneficial to the community.
Plans submitted showed parking for four cars, rear fire exit stairs. No other
alterations would be made to the exterior of the building. The Associations
evening hours could run as late as 8:00 P.M. and the maximum number of cars,
including staff would be seven.
The North Branch Realty Trust consist of two people, Philip Burke and Murray
Klickstein who will be counciling families and children from the area, Atty. Albert L.
Pitcoff, Trustee of the Public Library stated the disposition of the building has
been a problem for two years, and that it cannot be resumed as a library because
of the costs and low use. He stated the Trustees selected the highest bidder,
but took into consideration the operation's value to the community.
A petition signed by 25 abutters in favor of the variance requested was submitted
by the Petitioner. John Brown, Library Trustee, spoke in favor and stated that
the City was asked to suggest a municipal use, but did not offer any. He stated
that no interest was shown in acquiring it for a one or two family house.
An abutter spoke in favor of the petition. Several abutters, speaking in opposition,
stated that the porposed use would cause increased traffic congestion, parking
problems and air pollution.
7�
s
MAB I. 4� rh '19 PrIarb of 'APPA
C17; :__ a' t•rFiCE
SALEM. MASS.
JANUARY 24, 1979 — DECISION —NORTH BRANCH LIBRARY PAGE TWO
The Board voted unanimously to grant the variance requested. The Board
found that the proposed use is appropriate for the neighborhood and that
the retention of the architectural character of the North Branch would be
both beneficial to the neighborhood and the community. The Board also
found that it could grant the variance requested without derogating from
the intent of .the Salem Zoning Ordinance and without substantial detriment
to the surrounding neighborhood.
VARIANCE GRANTED
DouglaA Hopper
Acting Secretary
APPEALRCM THIS DECISION, IF ANY. SHALL BE MADE PURSUANT TO SECTION 17 OF THE FiASS.
GENERAL LAWS, CHAPTER acs. AND SHALL BE FIL`_i) WITH:N 20 DAYS AFTER THE DATE OF FILING
OF THIS DECiSICN I[i ?:HE GFFI!.E OF THE CITY CLERK.
FURSA;IT TO !`ASS .a,,. L':;:5. LHA. i'R SCE. iE.`TI• 11, THE T'AMA 10E OR SPcC:AL.FEMAHT
GRANTED H7RUN. SFi3l: N::-. .i-.E E..fE-T IV:TH. A COPY OF THED2CIS25N. BEARING THE CERT•
MATIGN OF THE GG( 0LE2i ir; 2;1 2A S H,".'iE ELA."-CED ANS/ NJ APPEAL HAS BEEN FILED,
OR THAT, If S9.",H AN A°[FAL HAS BEEri F!'p?TH.TF IT HAS BEEN DISMISSED CR DENIED IS -
REi;OHDED IN THE SC-UnH ESSE: GF DEC:/S A;:D i:NDEXED UNDER THE NAiJ,E OF THE OLYNER
0 RECORD OR IS RECORDED AND VOTED rN Ti!E u,iP:ER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
Qlitu of 5ULM, Mass=iTuQets
DECEMBER 19, 1979 CIT y"'� %• k� f(��
DECISION ON THE PETITION OF ROBERT G. SPYCHALSKI REQUESTING A VARIANCE FOR
219 NORTH STREET.
A hearing on this Petition was held on December 19, 1979 with the
following Board Members present: James H. Boulger, Jr., Chairman, Messrs.
Nutting, LaBrecque, Feeherry, and Associate Member Luzinski. .Notices of the
hearing were sent to abutters and others and a notice of the hearing was
published in the Salem Evening News on December 5, 1979 -and December 12, 1979,
in accordance with Massachusetts.General Laws, Chapter 40A.
The Petitioners have requested a variance from the sideline requirements
of the Zoning Ordinance for the property at 219 North.Street. A variance is
required because the building, which is in an R-2 district, was constructed
in 1964 within 7.6 feet of the side-line on Cushing Street. At that time
the property had been granted a variance to .construct a single family structure
within 12 feet of the side line.
• The Board of Appeals, after consideration of the evidence presented at
the public hearing makes the following findingsoffact:
1. The structure in question was the subject of a prior variance issued
by this Board on January 20, 1974 which authorized the construction
of a single-family residence at 219 North Street within. 12 feet of
the side line on Cushing Street.
2. When the structure in question was constructed in 1964 an error was
made by the contractor and the building was constructed within
7.6 feet of the side line.
On the basis of the above findings of fact, and the evidence presented
at the public hearing, The Board of Appeals concludes as follows:
1. The structure at 219 North Street was, as a result of an error by
the contractor in 1964,. constructed within 7.6 feet of the. side line.
2. The condition described above especially affects the structure in
question but does not generally affect the zoning district in which
the building 1s located. .
3. The conditions described above which affect the land in question,
but not the zoning district generally cause the following special
hardship; the property cannot be mortgaged unless a side line
. variance is granted.
4. The desired variance may be granted without substantial detriment
to the public good.
r
of
Puarb of Me
--� Dec 2c ► is ;x! '79
CITY t LE�.c: S OFFICE
SALEM,HASS.
PAGE TWO - DECISION - ROBERT G. SPYCHALSKI, 219 NORTH STREET
Therefore, the Board of ZoningAppeals is b a s-0 0
PP y v te. a roves the .
granting of the PP
g g h requested relief ief a nd grants a variance to the petitioner .
on the following terms and conditions:
A variance is granted allowing for a 7,6 side line on the Cushing Street
side of the property.
GBANTEII
-4.7
Anthony M. �eeherrp -
Acting Secfetary (/
APPEAL FROM. THIS D C' i i' v cu��L
B_ r3 PURSUANT TO S°0 1 17 OF THE MASS
GENERAL LA..a, CHAPi&.- . - t� ar ... -u n
l cO DAYS AFTER
TH. DATE
OF FILING
OF 'THiS CEOIS'Oil IN 'i F?'C :... _ .=.'fb: CiPi CLRi(.
PURSANT TO :8 ASS. GEi -. .. ,eS, S T:a: 11, THE VA?iAtiCE OLP.. SPECIAL PEP%'IT - -
GRAiiTED YE:'."I7, SN moi; : . . _ t .. :-Y 0.- ru_l L_.:i:. SEAR�ii i THE CERT- - .
FiCATw?I OF iii_ CIT! :'..A - .- :.A, ?'.r.l ;::1 fI� AP?--AL HAS K—"? FLED.
OR THAT. IF SU--,'H AN : _ at. . fir... J r...;.` G OISI:F(SS:O OR D_NIVD.1S -
RECORDED I7 THE SOUTH "SE: ,c_ief:;f afr` LEEDS Ae1D !ND- EXEC WIDER THE N .,!E OF THE Ct7XEC
OF RECORD 01 IS RECORDED AND NOTED OIl THE O'.75ERS CERTIFICATE OF-TITLE -
BOARD OF APPYAY -
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE 'CITY CLERK
•
FI;.k:
JANUARY 24- 1979 CII L . A.!-° S3
BONAIUTO
DECISION ON THE PETITION OF SALVATOREx10aUW CONCERNING PROPERTY AT OCEAN AVE.
E%T., LOCATED IN AN R-3 DISTRICT. (Rear 198 Jefferson Ave.)
A hearing on this Petition was held on January 24, 1979, with the
following Board Members present: Douglas Hopper, John Nutting, Joseph Piemote,
and Chairman James Boulger. Notices were sent to abutters and others,. and
duly published in the Salem Evening News on January 10, and January 17, 1979,
in accordance with Mass. General Laws, Chapter 808.
Atty. John Serafini, Jr, represented the petitioner. The petitioner is
requesting permission to use the garage in the rear of the premises owned by
Clement G. Fraser for the purpose of making minor automotive repairs. The
garage is 60 feet away from any dwelling. The repairs will be done inside the
garage, and no vehicles will be displayed outside. The property is too small
for a house and access to the property is very limited.
Ward Councillor Lovely and several abutters appeared in favor for the
petition. No one appeared in opposition.
The Board voted unanimously to grant the variance with the following
restrictions:
1. The variance is for the use of the garage for minor
automotive repairs by the petitioner only and does not
apply to any other person.. .
2. The variance is for a period of five years only and can
be renewed only by the petitioner.
3. There shall be no signs or advertising on the property,
The Board found that there was a hardship related to the .property and that
it could grant the variance with restrictions without substantial detriment
to the surrounding neighborhood or without derogating from the intent of the
Salem Zoning By-laws.
VARIANCE GRANTED WITH RESTRICTIONS
APPEAL FROM THIS-DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS. -
GENERAL.LAVS CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING .)
OF THIS DECIS ON IN THE OFFICE OF THE CITY CL IU dt/•C"C.(�G'i�G!//'�L`j �>�,�
PL'RSAHT TO LASS. GEf ERAL L ,'.'S CIiD(i_R S?', 11. THE VARIANCE OR SPECIAL PEP"11 Douglas Hopper
GRA":TEO HEREIN. SHALL M1F T\':1 EP'.-,T U:'T;L A ^CPY OF THE'.C•S:'1:1. BEAII.:IG THE CERT Acting Secretary
FICATION OF THE CITY CLER ].:Ai 2C PAYS 1!IJ- ::i:?SE:! :;Ti F:0 APPEAL HAS BEEN FILED,
OR THAT. IF SUCH AN APPEAL HAS BEEF! FILE, YH.AT IT F;a: B_Eti DIS.%ASSED OR DENIED IS -
'RECORDED IN THE SOUTH ESSEX REGISTRY OF GEE-:S AND Ii10'EXED UNDER THE 1W,1E OF THE OVMER -
OF ^ D OR IS RECORDED AND :TOTED ON THE OSiNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL -
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
t r
TRU of ointem, Pd `,
K C17't FiCE
Peart of Mal SALEM, MASS.
• us"
MARCH 28, 1979
DECISION ON THE PETITION OF MARK HOFFER TO OPERATE A CAR RENTAL BUSINESS IN AN
EXISTING GAS STATION AT 10 PARADISE ROAD (B2- DISTRICT)
A hearing on this Petition was held on March 28, 1979, with the following
Board Members present. James Boulger, Chairman, Jane Lundregan, Edward Luzinski,
Raymond Nutting and Joseph Piemonte. Notices were sent to abutters and others
and duly published in the Salem Evening News on March 14 and 21, 1979 in accordance
with Mass. General Laws, Chapter 808.
Mr. Mark Hoffer, Manager of Travel Car Inc, represented the petition before
the Board. He requested that the petitioner be allowed to operate a car rental
_ business in the gas station at 10 Paradise Road. He stated that there would be
only a maximum of five cars at any one time parked on the site, and that they
would all be late model cars.
The Board voted to deny the petition requested. The Board found that the
granting of the petition would cause an increase of traffic in an already congested
area; and found that it would be detrimental to the, area and be not in conformance
with the intent of the Salem Zoning By-law.
DENIED
Jane T. Lundregan
Secretary
APPEAL FROM THIS DECISI^tL IF ANY, SHALL BE "".ADE PURSUANT TO SECTION 17 OF THE [BASS.
CEI'F IAL LP4S, CF:;;F.':.', 50:, k30 "H ,LL DE FILED 1 IMNi 20 DAYS AFTER THE DATE OF FILING
OF i 113 DECISION' L: THE LF{;CE OF THE CITY CLERK, - -
PUnd"ciT TO I:iASS. CEYERA:. LFJ:;: 0!:APTER rOF, SE0T14"I 11. THE V�31A4CE OR CPE.^.IAL PER1iIT
C '.ICED HEREt", SS.-.LL NK, ',r. _U'_CT UNTIL A COV ! CF IHCr I,Z CEIT-
FI:; I:,:[ OF THE C14 ;.'..It; ..:� .... DAYS IF.VE 'Ti r J Vi -j [: HAS .cu FIL''0,
OR Tr AT, IF SUCH ANkF� '.t $.S l.:_;`i FILEj7T;1A'i :T ICtI cEE[: CiS..eISSED OP. CSIEO IS
RECORDED IN THE S3NII ESSiti R'2 ii RY OF DEEDS AND INDUIED UNDES THE NAVE OF TSE OWNER
OF RECORD OR IS RECORDED AND N ED ON THE O'PINER`S CERTIFICATE OF TITLE.
BOARD. OF APPZAL
• A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
0.
RECEIVED
4a AUG ocVp of alent, -gassarlpeetts AUG Z 2 oo ?N 979
CITY C
28=b; of MVV CITY LLti:K'S OFFICE
SALEM. MASS.
JULY 13, 1979 1x
DECISION ON THE PETITION OF PAUL AND DENISE RICHAMON CONCERNING PROPERTY
LOCATED AT 6 PEARL STREET (R-2 District)
A hearing on this Petition was held on July 13, 1979 with the following Board
members present: James .Boulger - Chairman; Arthur LaBrecque; Douglas Hopper;
John Nutting; and Edward Luzinski. Notices were sent to abutters and others,
and duly published in the Salem Evening News on June 29, and July 6, 1979 in.
accordance with Mass, General Laws, Chapter 808.
Mr, and Mrs. Richardson represented themselves before the Board, Mr, Richardson
stated that the rooms on the third floor are already finished, there are two
exits, and the rooms were constructed when the house was built. He stated that
they would probably rent the apartment to family members and for financial reasons
they need the additional income. He stated that they could fit in.the necessary
5 parking spaces.
Several abutters appearing in opposition stated that the street is congested,
most of the houses in the area were two family.
A letter from the Planning Board stated that the area is extremely dense and
the proposed plan would not meet the present requirements for density and five
off street parking spaces would be required,
The Board voted unanimously to deny the petition. The Board found that there was
no hardship unique to the property and that an additional apartment would increase
an already dense area, cause hardship to the abutters and would be a detriment
to the public good,
VARIANCE DENIED
- - '`.l.�s'�'�f�•.�l''�-'.c£-f.-.�rh-7.9e'n-kohl;* -
"APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LA19S, CHAPTER, SOB, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSANT TO MASS. GENERAL LAWS. CHAPTER 808 SF- 1I011 11, THE VARIANCE OR SPECIAL PERMIT 'r ' ' '~�"� �=A P
GRANTED HEREIN. SHALL NOT TAKE EFFECT UNTIL A COPY OF THEOECISIid'I. BEARIN"u THE CERT- Douglas Hopper
f`.
FIC:,TIO,l' OF THE CITY CLERK THAT 20 DAYS HAVE EU4?SED At!D Pio APPEAL HAS BEEN FILED, Acting Secretary -
OR THAT, IF-SUCH AR APPEAL HAS BEEN F!LE THAT IT HAS BEEN DIS:.IISSEU OR DENIED IS -
RECORDEO IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED U9.DER THE. NAME OF THE OWNER -
OF RECORD OR IS RECORDED AND NOTED ON THE OVINER'S CERTIFICATE OF TITLE..
BOARD OF APPFAE
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
1
RECFaVf_p �'s
Ucr i; 3 .31 !'H 'I9
- (gity of ga em, - aswr iss#ts - -
CITY i Lcr,t 5 OFFICE
,� J F _ Ft2STa
of MWI SALEM.MASS.
SEPTEMBER 12. 1979
DECISION ON THE PETITION OF MICHAEL E. GRIMES, 23T PHELPS STREET. (R-2- District)
A hearing on this Petition was held on September 12, 1979, with the following
Board Members present: James Boulger;-Chairman; Arthur LaBrecque;. Douglas
Hopper; John Nutting; and Anthony Feeherry. Notices were sent to abutters and
others, and duly published in the Salem Evening News on August 29 and September 5,
.1979 in accordance. with Mass. General Laws, Chapter 808..
The Petitioner represented himself before the Board. He requested a variance
from the side line requirements for construction of a two story addition
1510!' x 1410" to a single family house, this to provide more living space for
his expanding family. . The lot containsonly3703 square feet. ; He has owned
the house for five years.
One letter was submitted in favor. There was no opposition from abutters.
The Board noted that the lot is greatly undersized and that the side lines do
not conform to the Zoning. The Board voted to grant the variance to allow the
owner to build the building addition, because of obvious hardship because the
lot size was so small, with an 1810" set back from the rear .lot line and 51011
from the southeast side lot line, this dimensioned reduced to 3'0" set back at
the chimney only.
The Board decided that it could grant the variance requested because of the
small lot size, which is entered via a right of way, without detriment to the
neighborhood, or without derogating from the intent of the Salem Zoning By-Law.
Hardship was singular to this site and expansion of living space was required.
by an expanding family.
VARIANCE GRANTED
APPEAL FROM THIS O'CISIOXI, ij "jY SiALL e:. A PURSUANT TO SECTION 17 OF THE MASS. - - n
GENERAL LAWS CSA?T6 E03 A-1.) ''H LD - 11THEN 20 DAYS AFTER THE DATE OF LING .��LZI�KP�t!/S! • � t�O \/iLi.
OF His. C°rI^ (i IN fnF. Ck 4F :;! r K. �+- �
s A. Boulger, Jr, d O
TO ra1•.>. „E !: I. : . ",I,% T.;ti 11 WE 4.'AlAt CE.OR SPEVAL PE2M!T Chairman
Gr:&TEO I ci � Si'�, L i � ... ... .... .. . .'P!' �F i ._ T_1i"`i. 5`_..lJi•'.� T!i'_ CE.".iti
F;CaT!0i1 OF TdF. Ci i' c Ei0f<.: FAS DEEM '11
OR THAT. IF SU(;N AN fr CR OF.?dIEO I$
RECOPUD IN TIIE S VII ESS": RE6;STi:S OF •i Lc G: TNO !R.^. UD ONDU UE H;;?!.E OF THE CWTIE8 -- - - -
OF RECORD OR IS RECOCDED AND N07E0 ON THE 0 !^F,R'S CERT;F.!CHTE OF TITLE. -
OOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
F
:VD lv�
`'' 1 1, } fig fitU of gatem, Iassac4 usefls JuL cli i I All 115
L 5 JrYICE
CL"I6r 'S OFFICE
0 SALEH, HASS pIIaYbr Vf CITYSALEHI HASS.
JUNE 20, 1979
DECISION ON PETITION OF WAIN & ANN MARIE FULLER, 13 PURITAN ROAD (R-1 District)
A hearing on this Petition was held on June 20, 1979 with the following Board
Members present: James Boulger - Chairman; Arthur LaBrecque; Douglas Hopper;
John Nutting; and Associate Members Joseph Piemonte and Edward Luzinski. Notices
were sent to abutters and others, and duly published in the Salem Evening News
on June 6 and 13, 1979 in accordance with Mass. General Laws, Chapter 808.
Atty. Richard Johnson represented the Petition: before the Board. The
Petitioners are requesting a variance from the side yard ten foot setback
requirement. He stated the petitioner rebuilt the porch a few years ago
without realizing that he had violated the sideyard setback by one foot, making
a setback of nine feet instead of the ten feet required. The porch was s const
4 ructed
i P
without a building ermit. There was no opposition.
-� g P. PP >_ n.
The Board found that it could grant the variance requested to allow a 9'-0"
setback instead of the required 101 -0" for the rebuilt porch, that the encroachment
of the sideline setback by 11-0" was un-intentional. Enforcement of the Zoning
Ordinance would invoke substantial hardship, financially, to the appellant.
VARIANCE GRANTED
APPEAL FRCPn THIS D2CIS'Oi4. IF ANY, SHALL BE VADE PURSLA`;T To S%CT'•7`! 17 OF THE r'-'ASS.
GENERAL LAWS. CHAPTER 803. AND SHALL BE HLE5 WITHIN 20 DAYS AFTER THE DATE OF FILING /James H. Boulger, Jr./ 4
OF THIS DECISION IN THE CFFICE OF THE CITY CLERK. -Chairman
PURSAI:T TO MASS. GENERAL LUIS, CHAPTER 572, SEDTH111 ).i: THE VA^.:APICE OR SPECIAL PERMIT
GRANTED HEREIN, SHALL Moi TARE EFFECT UNTIL A CCPV CF 'i fiE':C1 P'.1N, BEAR.FNG THE CERT• -
FICATION OF THE CITY CLERK 7Y.AT 20 DAYS HAVE EU-,P'z A:I.) 6;7 A2: ,L HAS BEEM FILED,
CP• THAT. IF SUCH AM APPEAL HAS DEEiN FILEL'THAT 1T P..4S 7--_i1 DIS'iCSED CR DENIED IS -
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED L•NOER THE NAME OF THE OWNER _
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
v, 7�3 of 5alim, /��
f�£� Lb`s'
UJ
II2Ltb 9I SALEM, iiASS.
SEPTEMBER 26, 1979
DECISION ON THE .PETITION OF ESTHER G,NEIJTON REQUESTING A VARIANCE FOR 13 PYBURN AVE,
Pursuant to a proper notice of public hearing a public hearing was held on
September 26, 1979 on the petition of Esther G. Newton to construct a wheelchair
ramp on the side of 13 Pyburn Avenue. A variance is required for this construction
because it will impinge upon the necessary lO foot side yard requirement in the
Zoning Ordinance.
The Board of Appeals after hearing the evidence at the public hearing and
after viewing the locus concludes that:
(1) The configuration of the lot and structure in question is unique
thus requiring the ramp to be constructed within the side yard
restriction.
(2) The above conditions especially affect the land in question but
do not generally affect the coning district,
. (3) The conditions described above affect the site in question and
cause a substantial hardship to the petitioner because of the
difficulty o,nich would be encountered in constructing this ramp
in any other manner.
(4) The requested relief presents no detriment to the public good
and is in fact, supported by the neighbors in the area,
(5) The requested relief in no way derogates from the intent and
i
purpose of the Zoning Ordinance. ,
Therefore, the Board of Appeals, with Chairman Boulger and Messrs. Nutting,
LaBrecque, Piemonte and Feeherry voting unanimously in favor :of granting the
requested relief, grant a variance to petitioners on the following terms, and
conditions:
Construction of the ram shall be in accordance with the plans submitted
P
to the Board of Appeals.
SP PJ. 4 . W 17 OF i ' "':A-S.
Atty. Anthony td. Feeherry ..r
"T Acting Secretary
rvltiE Pi: 071kE P,
Gh R-_C1:4 i.. r,i✓ . !�J i.: C: TITLE
WARD OF APPPPEAL
A COPY OF THIS DECISION -11AS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
,«v PEN ; JET
48 AIR 179
Pr=b Of Appal CIT': _ui: • utSALE , MCtiCE
SEPTEMBER 26, 1979
DECISION ON THE PETITION OF MR. AND MRS. GILBERT GILLESPIE REQUESTING A SPECIAL
PERMIT FOR 5 RAVED= AVENUE.
Pursuant to a proper notice of public hearing, a public hearing was held
on September 26, 1979 on the petition of Mr. and Mrs. Gillespie requesting a '
Special Permit to construct a carport to be attached to the front of their
residence at 5 Ravenna Avenue. The subject matter of this request previously
came before the Board oZ Appeals when petitioners requested a variance to
construct the carport in question on June 20, 1979. That request for a variance.
was denied by the Board of Appeals. The Board of Appeals denial of that variance
is currently on appeal in the courts.
This request for a Special Permit is in the opinion of the Board of Appeals
improperly filed since the request must, in fact, be viewed as a request for a
variance from the side and front setback requirements of the Zoning Ordinance.
Accordingly, on the basis of this Board's prior decision on this matter, the
Board of Appeals by a 4 t 1 vote, votes to deny the requested Special Permit.
Chairman Boulger, Messrs. LaBrecque, Piemonte and Feeherry voting to Deny the
Special Permit; Mr. Nutting voting to grant the Special Permit.
SPECIAL PERMIT DENIED
APPEAL ° O%- THIS D[CSIO!:, IF ANY. SHALL B_ MADE PURSUANT SUAN TO SECTION 17 OF THE MASS.
C -Q?.'L AiiS CP PTM SCS, AND SH,",LL -�t FILED f 23 DAIS AFTER THE DATE OF FILING �_
0 tH!i 0_G.a?.1 I!1 THE OFr ICE OF THE CITY F.a.CL. = "! 1'. .6
PUfc ;1T T F. .iS. • u1EFAl L4•a C''!V`IER 3:'2, S :E^�1 :1. THE VARIANCE OR SPEC!?.L MMIT Atty. Anth. ny M. Feeherry l-c
HEKIN, SH'.LL Ns I .",'f �'! �.;TF _.- c...".`:. n .iI :HE OERT- Acting Secretary
Fi.,A:IC71 OF 'Hj Cii'('CLEW', ;:i... L' =. F.P'_AL H.,S ?;:..."1 F.I;D.
L .
OR THAT, IF SSH AN APPEAL r.AS a ..-_J'... i . ... H.-E. 0::,-:ISSED OR VE..i_D IS - C
REC:'RDED I!. THE S aH ESSEY. REaISTR'i OF ..E_._ ..::D Ei; B UNOE '.._ 'NAME OF THE OWNER -
OF P.ECCRD OR IS RECUROED AND ND?ZU L,1 TiIE CV.,:E:T'Sr CExT!FICATE OF TITLE.
BOARD OF APPEAL - - -
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
An t 1E Guf1L i�g of ttlea, f Elass�huse is
I? CITY C:.c-:.S'S OFFICE
SALE M. MASS. II�TD IIf- P7i[
'YeCum,e
JUNE 20, 1979
DECISION ON PETITION OF GILBERT F. GILLESPIE, 5.RAVEN& AVENUE (R-1 District)
A hearing on this Petition was held on June 20, .1979 with the following
Board Members present: James Boulger - Chairman; Arthur LaBrecque;
Douglas Hopper; John Nutting; and Associate Member Edward Luzinski.
Notices were sent to abutters and others, and duly published in the
Salem Evening News on June 6 and 13, 1979 in accordance with Mass.
General Laws, Chapter 808.
Mr. Gillespie represented himself before the Board. The petitioner requested
a variance to`construct a carport, to be attached to the front of the house
by means of louvers and will extend into and reduce the required front and .
side lot line setback requirements. His request for the carport is to
protect his car during the bad weather.
- Several abutters appeared in opposition to the granting of the variance.
The Abutters felt that the erection of the carport would be a detriment
to their property value.
The Board voted to deny this petition. The Board found that it could not
grant said request without substantial detriment to the public good. Hardship
was not proven, the building is non-conforming to the existing zoning require-
ments and any further additions in a non-conforming condition would derogate
from the intent of the Salem Zoning Ordinance.
VARIANCE UNANIMOUSLY DENIED
APPEAL1rR0, -7HIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS
GENERAL LAWS CHAPTER aC8, AND SHALL BE FILED VPTHIN 20 DAYS AFTER THE DATE OF FILING
CF THIS CEC!S!0N IN THE OFFICE OF THE CITY CLERK. -
F'U';SA::T TO ,.'.ASS. GENERAL LAWS. CHATTER 308, S`CTIOII 11, THE VAR;ARC£ CR SPECIAL PER`AR (��( '^mes ger, Jr. ~
`. a:'11EL` HECJ>,. SyALL F:CT Tt-.K£ EFFECT UNTIL A COPY OF THE;EC;F! :1. EEAR@!G THE CERT- 'ti'nalr[[taR BOUT
Ii;.D.T;J!9 OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED AN, NO APPEAL .HAS BEEN FILED,
i 3 THAT. != S--,C,4AN APPEAL HAS SEEN RLEOTHAT IT HAS BL-
HAT.
DIS?.:!SSEO OR DE;tEO IS
F RE CEO
IN THE SOUTH ESSEX REGISTRY OF DEEL'S AND INDEXED UNDER THE NA' OF THE 05'INER
OF kECORO OR IS RECOkOSD ANO NOTED ON THE OC+NER'S CERTIFICATE OF TITLE. -
BOARD OF APPFAI; -
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
<a� R E�f:IVI=O lv q
of '5ttlzra, fflassac4uutts um U !212 PH '79
K
• � `� 9 POZIrb of Med r
ed CITY Lt,0VS OF ICE
C' `1 1' SALEM. MASS.
OCTOBER 17. 1979
DECISION ON THE PETITION OF JOYCE Ar HINSON FOR A SPECIAL PERMIT FOR
46 SCHOOL STREET
A hearing on this petition was held on October 17, 1979 with the following
Board Members present: James Boulger, Chairman, Douglas Hopper, John Nutting,
Anthony Feeherry and Associate Member Edward Luzinski. Notices of the hearing
were sent to abutters and others, and a notice of the hearing was published
in the Salem Evening News on October 3, 1979 and October 10, 1979 in accordance
with Massachusetts General Laws Chapter 40A,
The Petitioner has requested a Special Permit to construct an addition
8 feet by 10 feet to the second floor of the property on 46 School Street.
A Special Permit has been requested because the property in question is
situated on a nonconforming lot, -
The Board of Appeals, after considering the evidence presented at the .
hearing, and after viewing the property, makes the following findings of fact:
The proposed alteration on this two-family structure does not increase
the nonconforming nature of such structure.
On the basis of this finding of fact and the provisions of Massachusetts
General Laws, Chapter 40A S. 6 and the applicable provisions of the Salem
Zoning Ordinance, the Board votes unanimously in favor of granting a Special
Permit to the Petitioners. Chairman Boulger and Messrs. Hopper, Nutting,
Feeherry and Luzinski in favor.
The Special Permit is therefore granted in accordance with the following
terms and conditions:
Construction shall be in accordance with the plans submitted to the Board
of Appeals.
SPECIAL PERMIT GRANTED fL c1h .
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 FILISiI11 G . Atty. Antho 3r M. Feeherry -
OF THIS DECI :01 IN THE OFFICE OF THE CITY CLERK Acting Secretary
PURSANT TO I.IAS,. CENZRAL LAWS. CHAPTER 808. SECTION 11, THE VARIANCE OR SPECIAL PERMIT
GRANTED .HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEAMNq THE.CERT- -
FICATION OF THE CRY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED, -
OR THAT, IF SUCH AN APPEAL HAS BEEN FILEATHAT IT HAS SEEN UIS'.iISSED OR DENIED IS
RE EO IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWY.ER
OFD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
3 1 juL c� (i 1s AM 1RU of Sntera, ass#4uU#fs tti '�9
" ,9. - Jill A I I iG i
CITY
.
SALEM. MASSCITY Lu;;;'S )F-ICE
SALEM.HASS.
JUNE 20. 1979
DECISION ON PETITION OF LEROY & HILDA BRIGGS, 10 SOUTH STREET (R-1 District)
A hearing on this Petition was held on June 20, 1979 with the following Board
Members present: James Boulger - Chairman; Arthur LaBrecque; Douglas Hopper;
John Nutting; and Associate .Members Joseph Piemonte and Edward Luzinski. Notices
were sent to abutters and others, and duly published in the Salem Evening News
on June 6 and 13, 1979 in accordance with Mass. General Laws, Chapter 808.
The Petitioner represented themselves. The petitioners are requesting permission
to convert a single family dwelling to a two family ?,welling by adding a second apartmen
for residence of a family member, namely his son who is confined to a wheelchair
following an accident and is living only on Social Security. The approximate
cost of the second apartment will be an investment beLaaeen $20,000.00 to $25,000.00.
There was no hardship.
wThe Board noted that a Variance will be required for:-
1. For a two family house in a single family zoned area.
2. For a rear lot line set back of 25 feet instead of the required
30 feet.
That desirable relief could be granted without substantial detriment to the
surrounding neighborhood.
That this would not substantially derogate from the intent or purpose of such
zoning ordinance or by-law for the variance goes with the present owner of the
building only to house, in the new apartment, a blood relation, which is conditio.ied
that on the sale of the house it would cease to be a two family house, that it will
revert back to a single family house.
VARIANCE GRANTED WITH RESTRICTION
APPCAL FROM THIS DECISION, I ANY. SHALL BE '„ADE PURS',"V;T TO sElMe:I 17 OF THE :.';ASS.
GENERAL LA:S. Cn?2icE t`. A..7 S*.!1L'_ CE :: :I. DAYS +.`TE.'. ME DATE OF FILING �� �}^I;✓ �1.��r[.���y 7nJ.
OF TSPS C C'S T IN TH f.c.F i ' ' L rS.. �JameS H. Boulger, Jr. f
_pTPERNI - Chairman
.1 ..i'_ :!A° 3 ...i Fi_�D. -
R
IF S"”: n:"1 FPi' li r. !): 'I .i ✓ CI '!�]
I$
R'i* ' I THE SU;H ESo '( 2E 1 s. a `•✓ F.._+`J r Er, lf._ r.\.�E OF THE OWNER - -
OF I. U OR IS RECORDED AND :TOTED CN of°_ OWiiER"S CL;<fIF!CniE DF TITLE.
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
RECEIVED
� - Jul, I, 1 i r t► 9II ialzrn, ttssarse i y t 17 AN '.79
`J 9 CITY CLE hRVS OFFICE g117=br of MrA CITY CLL"4'S OFFICE
SALEM, MASS. SALEM. MASS.
MAY 23, 1979
DECISION ON PETITION OF ARTHUR AND ROSELIA STATEZNI, 16 TREMONT STREET
(R-1 District)
A hearing on this Petition was held on May 23, 1979 with the following
Board members present: James Boulger - Chairman; Arthur LaBrecque; Douglas
Hopper; John Nutting; and Associate Member:. Joseph Piemonte. Notices
were sent to abutters and others, and duly published in the Salem Evening
News on May 9 and 16, 1979 in accordance with Mass. General Laws, Chapter 808.
Mr. Stantezni represented himself before the Board. The Petitioner
is requesting the conversion of an existing porch into a bathroom and den.
The construction will extend the existing non-conforming side line of 2 feet
5 inches and leave a rear yard line of 7 feet at one point.
A petition signed by 12 abutters in favor of the petition was presented.
There was no opposition.
The Board voted to approve the petition. The Board found that it could
grant the desired relief from the Zoning By-law without substantial detriment
to the surrounding neighborhood. A hardship for the family exists.
VARIANCE GRANTED
APPEAL FROM THIS DECISION. IF ANY. SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
CENERAL LAYS, CHAPTER 803. AND SHALL BE FILED WiTHiN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. -
PURSANT TO MASS. GENERA;. LGG3. CHAPTER 803. SECTION 11, THE VARIANCE OR SPECIAL PERMIT-'/ p
CRANIZU HEREIN, SHALL NOT T.A;iE EFFECT UNTIL A COPY OF THE DECISION, BEARING THE CERT-
RCAT.ON OF ',HE CITY CLERK THAT 20 DAYS HAVE ELAPSED AND 1140 APPEAL HAS BEEN FILED,James,/H;1 Boulger, Jr.
OR 1HAf. IF SUCH AN APPEAL HAS BEEN FIL0THAT IT HAS BEEN DISMISSED OR DENIED IS Ghalr7R3II
RECCROEa III THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE 071NER
OF RECORD OR IS RECORDED AND %'DIED ON THE CiVNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED SdITH THE PLANNING BOARD AND THE CITY CLERK.
r;1 '1S
\r ��
CM i:L.i i,'6 :-rr' iCE
SALEH, HASS.
FEBRUARY 14, 1979
i
DECISION ON THE PETITION OF GISELA B. JONES CONCERNING PROPERTY LOCATED AT
44 TREMONT STREET (R-1 DISTRICT) .
A hearing on this petition was held on Wednesday, February 14, 1979 with the
following members of the Board present: Edward Luzinski, John Nutting, Douglas.
Hopper, Arthur LaBrecque and James Boulger. Notices were sent to abutters and
others and duly published in the Salem Evening News%on January 31, and February 7,
1979 in accordance with Mass. General Laws, Chapter 808.
Mr. Charles McManus, 14 Curtis Street, represented the petitioner before
the Board: The petitioner is seeking a Special Permit in order to renovate art
existing attic into an apartment which she plans on renting to her son. The
petitioner presently resides at 30 Grove Street and plans to reside at 44 Tremont
Street when her husband retires as caretaker to Harmony Grove Cemetery or if
he should change jobs. There is parking for three cars. The only change in the
exterior would be rear stairs to the attic apartment. There are presently seven
rooms in the house and surrounding houses are predominately two family. The
Petitioner submitted plans showing proposed changes.
A petition signed by 16 abutters in favor of the Special Permit requested
was submitted to the Board. No one appeared in opposition to the petition.
The Board voted to grant the Special Permit requested with the following
restrictions:
1. The Special Permit will cease upon the sale of the house by the petitioner.
2. The house would be occupied by blood relatives only.
3. The proposed stair must conform to the 10 foot side line requirement..
Board members Nutting, Luzinski, LaBrecque and Boulger voted in favor of the
petition, Mr. Hopper voted against.
The Board found that it could grant the permit requested without substantial
detriment to the neighborhood and without derogating from the intent of the Salem
Zoning By-Law.
SPECIAL PERMIT GRANTED WITH RESTRICTIONS.
APPS L 62: n: T!!IS DECISIOii, IF Arlt. S!;;LL 6, !:1ADE PIJPQJ' NT i0 SECTION 17 OF THE I.!ASS.
"LAPfER 863 AND i 3E Ht Et) d!. :::: 2:1 DFYS AFTER, THF DATE 0'r FILING �
U IVIS 1:1 THE OFr OF P.-iE CITY CLE4ti. /✓✓L-".L(:t✓
P "SSN I T _RAL LAW.i. 1PTER nub C-GTI:':! 11 THE :?R!ANC,' CP P_:,',:!T Dougl atS Hopper c
17, -TEO H ._..I. SHAL' NOT UNTIL A CO?'i OF i if TC". t,,.:*. . ,.; THE CEP,,' Acting Secretary
- " OF i E UirY CLERK THAt 20DA-6 HAVE ELAPEEO 1 in, APY L HAS OEEN FRLEO,
a&HAT F d ? APPEAL HAS G FILEDTHAT IT HAS OFE 1 DIS'.IISS D CP DENIED IS
,RD_D 1:; T;1_1 SOUM ESSEX R G:S RY OF DEEDS AND I OEXED UND Z THE NANIE OF THE C'i1NER
OF P,ECCRD OR IS RECORDED AND NOTED ON THE 0WNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
- RC . = iY t 0 -
MIS
JrFICE
,SUR CU c. 1`�� ��a Pamb of SALEHVd CITY c E .HAHASS.SS.
CkT�
SALEM, MASS. MAY 17, - MAY 23, 1979
DECISION ON PETITION SUBMITTED BY ROBERT C. WILBUR, GERALD FANDETTI AND DOUGLAS
BELL d/b/a SALEM TOWN HOUSES. (R-2 DISTRICT)- 31-37 UNIMST. & 13-15-18 HERBERT ST,
A hearing on this petition was held May 17, 1979 and reconsidered on May 23, 1979
with the following members present: James Boul er, Chairman; Arthur LaBrecque;.
John Nutting; Joseph Piemonte; Douglas Hopper. Notices were sentost- aid to
P P
abutters and others and duly published >n the Salem Evening News on May 3, and Ma 10,
1979 in accordance with Mass, General Laws.
Atty. Donald Koleman represented the Petitioners before the Board and stated that
this was the 3rd attempt to incorporate proposals to satisfy the neighborhood
and submitted 3 site plans with various proposals with density reduced 33%, for two
parcels of land on which they seek a variance to erect three 5 room duplex units,
to be sold and owned by individual homeowners on 31-37 Union Street and 13-15-18
Herbert Street (2 units on Herbert St. and 1 unit on Union Street). Atty. Koleman
stated that the petitioners have been responsive to the neighborhood, and that
there is a definite hardship that goes with the land, also that these are not cheap
houses, and the surrounding property will be increased in value, and that the
buildings are in good scale for the neighborhood,
The Board voted to grant the Variances required and to accept Site Plan No. 2 and
reduce the parking spaces to one space for each living unit, The Board found that
to deny the variance requested would cause substantial hardship to the Petitioner,
The Board determined that the granting of the Variance would in no way be detrimental
to the surrounding neighborhood, and would in no way derogate from the intent of
the Salem Zoning By-Law. The Board found that desirable relief may be granted without
substantial detriment to the public good,
VARIANCE GRANTED
11 11 41 11
G4t4 fiA,'
.APPEAL FROM THIS DECISION, IF ANY. SHALL DE MADE PURSUANT TO SECTION 17 OF THE MASS. J S H. Boulger, Jr. &4R
GEf:ERAL LAV.'S, CHA?TEP, 808, AND SHALL BE FILED 41!1TH!N 20 CATS AFTER THE DATE OF FILING Chairman - -
OF THIS 9EC!S!,x.' IN THE C,'-F!CE OF THE CITY CLERK. -
PURYANT FJ :'CA EEitEF:1:. !A fS. CiP,""i c:i SEC'•L;., 11, THE %A-?!A"iCE OR SPECIAL PER3iIT
C!'A:'- 11'2E; '_ SHALL u:.: - ..c :. ✓S : L x CCf': -J:: C C-:....., THE C%RT. -
FICATION L= THC ',i.-'Y :L:R:I T:. '.. .'1 `-, NJ r P-..L HAS Si". FILED,
C,^. THAT, ., SUCH AN APPEAL 'r!', 3":' __. IFA.i If "'-.S ?E'.N SS EODENIED IS
RECOd 1-'I THE S?U:H EJSG 4 !S: DF lc .b ,vLJ ED.0 LR THn NA:,;E OF THE
OF &EC2BC CR Li RECORDED AND RNED ON THE 0.7,ZR'S CEPUIFICATE OF TITLE,
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANTNING BOARD AND THE CITY CLERK,
i
of '15-PaLoin,
a Betts
a _ PIPP 19 2 o l
PILTarb of cA"Zal.
CITY
JANUARY 24, 1979
DECISION ON THE PETITION OF ROBERT E. RHODES CONCERNING PROPERTY AT
22' VERDON STREET LOCATED IN AN R-1 DISTRICT.
A' hearing on this Petition was held on January 24, 1979, with
the following Board Members present: Douglas Hopper, John Nutting,
Joseph Piemonte and Chairman James Boulger. Notices were sent to abutters
and others, and duly published in the Salem Evening News on January 10, and
January 17, 1979, in accordance with Mass. General Laws, Chapter 808.
Mr. and Mrs. Rhodes represented themselves before the Board, The
Petitioner is requesting a Special Permit to allow a swimming pool that
has been in existence for 10.years, to remain up without the necessary
side lines.
Mrs. Rhodes stated that they had no knowledge where their property
line was when the pool was erected. They recently had their land surveyed
and learned that their fence was on New England Power land, and the pool
. is approximately 3 feet from the fence. She stated that they have 2 children
and the pool is used for family entertainment. Diameter of the pool is
27 feet, with an attached fence. There was no one appearing in favor or
in opposition. -
The Board voted unanimously to grant the Special Permit for the existing
pool and fence with the condition that any new pool and fence would have
to comply with the Salem Zoning Ordinance. The 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 WITH CONDITION.
� C\
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS. Douglas/
CENERAL LA41S. CHAPTER 283. A.'dD SHALL BE FIiEU '6V HIN 20 DAYS AFTER THE DATE OF FILING Dougla 'Hopper
OF THIS DECISION IN THE OF°IGE OF THE CITY CLERX. Acting Secretary
PURSA',IT TO ;. ...„ICN U. THE VAWANCE OR SPECIAL PEP,.'d1T - -
GRANTED HERi14. SHALL � ) ..._ -Ci Il.-.T. A I +'i '35 1Ht.' tl;l;:. BrARINP THE CERT- .
FICATIDN OF THE Cli! CLER.; T�'�.r 2:; TATS HA,E NG AFKAL HAS BEEN FILED,
OR THAT. IF SUCH AN APPEAL HAS B@EI'i FIIElYTHAT IT El' ,_EN DIS:.ISSED OR DENIED IS
RECORDED IN THE SOUTH ESSEX P,ECISSRY GE 'JEEU.3 ANDINDERED UNC'ER THE NVAE OF THE CYINER
OF RECORD OR IS RECORDED AND NOTED ON THE O'i9NER'S CERTIFICATE OF TITLE
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
P,E,f,;Ii!ED
MAY hu� 09 N T &
Ctu of galent,
or
i 9� �TD D� 2 SALEta, HASS.
C`f'Y
"
APRIL 25.. 1979
DECISION ON THE PETITION OF ROBERT J. ROULEAU, WALSH CONSTRUCTION CO.,119 WEBB
STREET (R-2 DISTRICT) .
A hearing on this Petition was held on April 25,1979, with the following
Board Members present: James Boulger, Chairman, Jane Lundregan, Douglas Hopper,
John Nutting and Associate Members Joseph Piemonte and Edward Luzinski. Notices
were sent to abutters and others, and duly published in the Salem Evening News
on April 11 and 18, 1979 in accordance with Mass. General Laws, Chapter 808.
Mr. Rouleau represented himself before the .Board. The petitioner is
requesting an extension of an existing non-conforming use at 119 Webb Street,
by the erection of a twelve foot high storage building for construction material.
The neighborhood is a residential one. The petitioner's business has been located _
in the area for several years. The petitioner is presently storing construction
materials in the yard at 119 Webb Street, and he wishes to be able to put these
materials under cover;
Several abutters appeared in opposition to the granting of the variance.
The abutters felt that the erection of an additional commercial structure in the
residential zone would be detrimental to their property values. They also felt
that the construction of the building would be aesthetically unpleasant.
The Board voted to deny the petition. The Board found that it could not grant
said request without substantial detriment to the surrounding neighborhood, and
without derogating from the intent of the Salem Zoning Ordinance. The Board found
that the extension of the non-conforming use would undermine the property values
of the surrounding property. -
VARIANCE DENIED
IF ANY, SHALL BE i AD PIIP.^'AIT TO SECTION 17 OF THE MASS.
APPEAL FROM THIS DECISION, -
GENERAL LAPIS, CHAPTER 303. ASC SH?Lt. UE
-.1 SHF DALE Of FILING Jade T. Lundregan /
Secretary
OF THIS DECISION I:I TEE is F:iS'c C'r %.c �.'-'��� -
PURS.AiiT TO i'.P:SS.?;E::E:iAi (A)jS CW4j..),;eS -'k'.cC,oe H 37fE Y:�I:Pj e'. SPECIAL PERMIT - -
CRA ED K.:^.Eti{. SRALL N"1 ::)ME(:�f.E 74'N`uL'k d.:i�f?� FN� �zLi3�V" VIE CERT- - _ -
FICATIDN OF THE CA-Ty c:--m lm-w; JH)'S id.3i�Ecdl3ca nwD i"r�rlfiil7a`:N FILED,
OR THAT, IF SUCH AN AN".!. )itisrj£E�{-iLE�.TN9 t.t%N/{J('L�it'J/ D::_^:IEU IS
RECORDED LI THE SOUTH ESS_;; R�GFjTdy a���cP$An'n +Pl 1�cFED tfnD=R'14�.m;.iE OF TI1E QYlPZSR .
OF RECORD OR IS RECORDED AND NJ-'Co Lai WL o:i:{.i:S a..n..t..c .Jt JILE.
BOARD OF APPEAL;
.;i
A COPY OF THIS DECISION HAS BEEN FILED .WITH THE PLANNING BOARD AND THE CITY CLERK.
RECEIVE".)
E'd 12 r1t '79
CITY ULWK3 .&ICE
CITY Li-�Akb WFICE
Q� SALEW MASS. fpnaqr� ci, Tkoypnd
WYO SALEKHASW
JiINE 151979
DECISION ON PETITION SUBMITTED BY THOMAS AND CIJaRE NEE C9JNCER.NjjTG plZop76PTIFY
LOCATED AT 10 NEST CIRCLE (R-1 DISTRICT) ,
A hearing on this petition was held June 15, 1979 with the following members
of the Board present: James Boulger - Chairman, Arthur LaBrecque, Douglas Hopper,
John Nutting, and Joseph Piemonte, Alternate Member, Notices were sent post-
paid to abutters and others, and duly published in the Salem Evening News on
June I and June 8, 1979, in accordance with Mass. General Laws.
Mr. and Mrs. Nee represented themselves as Petitioners before the Board for
a variance. Mr. Boulger withdrew as a voting Mr. Nee stated that
they wished to add a small porch to conserve heat, They are requesting a
variance from the side yard requirement of the ten foot set back to approximately
seven feet, the size of Lhe new porch is 5 feet x 8 feet, replacing a small
3-foot, six inch x 5 foot six inch porch. There was no opposition to this
request.
The Board voted to grant the petition requested in order to allow the petitioner
to build the porch as presented on the plan. The Board will allow the encroach-
ment of the 10 foot side line by 3 feet, leaving a side line of seven feet.
The Board found that it could grant the petition requested without detriment
to the surrounding neighborhood and found that the addition would be an asset
to the house and property.
QUAKE GRANTED UNANIMOUSLY
-W.
CPP PLP OM TINS WSW! 11 01. SHA!L EE NYnE ONRSUANT TO SECTION 17 OF THE ASS.
GENERAL LAWS, CHAPTE? SCS, AND SNAU HE C30 W4,, LF N C; NLL&I 1 1)
OF TFUO IN - —W -
OF TFE CM(
J hes H. Boulger, Jr.Vel—, —V�-
PURSANf it OAS& CE0520 Lill 312. SK 9 ::: 11, T - VA NO IL ELC.FIT 2�,
CPA.PF-D SNA, airman
-1
_7:-�Cr ,i;. 1 A ON( OF ME ZOWN. REAR03 YHE CEIAT.
FTUMN OF MF CIT) CUR& 'HAT 29 "S HOE D%�Q "0 NO A42L HAS SUN FOD,
OR It N AN APPEAL FOS SEE! Q-
[N OfS::jS' UN 1.,-
, , CEN ,-. -:
0 _)
ITCONED IN THE SOWN ESSEX "Ey" OF DE" WID INDEXEDM
UNDER E OF WE OWNER
OF RECORD OR IS RECOMED AN NCHE0 ON THE OINERS URINAUATE OF INTLE.NAME
BOARD OF APPF,1,L
A COPY OF THIS DIECTSION HAS BEEN FILED WTTIT THE PLANNING BOARD AND THE CITY CLERK.
gf 92A=2
\1 >'
RF y f c3 u 12 Ali i EiMt� rrF
CITY ;,--1 CdANUARY 24, 1979
SALEH,MASS.
DECISION ON THE PETITION OF THORVALD LAURITSEN AND EDWARD ROBERTS, d/b/a ROBEPTSEN
ASSOCIATES CONCERNING PROPERTY AT 6 WHITE STREET LOCATED IN A B-1 & I DISTRICT
A hearing on this Petition was held on January 24, 1979, with the following
Board Members present: Douglas Hopper, John Nutting, Joseph Piemonte and Chairman
James Boulger.
Notices were sent to abutters and others in accordance with Massachusetts
General Laws, Chapter 40A.
Petitioners requested a Variance from the. Zoning Ordinance which could permit
then to use the premises for the purpose of renovating and enlarging the present
structure situated thereon for the establishment of five (5) condominium dwelling
units and also a Variance from the density and parking requirements of the Zoning
Ordinance.
Attorney George P. Vallis represented the Petition before the Board. It was
explained to the Board that the existing structure situated on the premises was
previously used as a warehouse, that it had been vacant for several years and had
fallen into serious disrepair and presented a serious fire hazard. Although located
in an Industrial Zone an industrial use is not practical nor desirous due to its
close proximity to many residences. It was also stated that by granting the variance
sought the resulting construction would not only greatly improve the appearance of
the building, but would increase the values of surrounding properties and would also
contribute to the revitalization of the Derby Street area.
It was also pointed out to the Board that a portion of the building would be
removed to allow five (5) on site parking spaces. . In addition, it was stated to
the Board that the Petitioners would be able to provide an additional five (5) parking
spaces on a vacant lot located a short distance away at 24 Turner. Street, Salem,
which lot they would purchase:
Letters were presented to the Board by the Salem Historical Commission, the
City Planner and the Ward Councillor all supporting the Petition. Abutters also
appeared speaking in favor of said Petition. No one appeared in opposition.
The.Board voted unanimously to grant the variance. It found that the original
commercial use and design of the building has now become an obstacle to its reuse and
that the industrial zoning is now in _conflict with the needs of the area and with the
intent and purposes of the Zoning Ordinance. -
It found that the adaptive residential use of the existing building would be
beneficial to the neighborhood and would result in a positive contribution
to the
continuing restoration and revitalization of the Derby Street historic area.
a .
THORVALD LAURITSEN &. EDWARD ROBERTS PAGE 2
d/b/a ROBERTSEN ASSOCIATES
6 WHITE STREET
It was voted to grant the Variance with the condition that the Petitioners
provide five (5) additional parking spaces for the use of future owners of the
6 White Street, Salem, premises to be located at 24 Turner Street, or similar
proximity and that the deed of said property on Turner Street to the Petitioners .
contain sufficient language to create a restriction that will run with the land
to insure its use for such additional parking.
VARIANCE GRANTED WITH CONDITIONS
Sane T. Lundregan —
Secretary
A" FAL FP.OM THIS DECISION, IF ANY. SHALL BE M.!lD'. PORSOANT TO SECTION 17 OF THE MA55, - -
WAL LAWS. CHAPTER 233. AND SHALL i;E F!SD C IR;N ZD DAYS AFTER. THE DATE OF FILIIIG
cR
THIS. DECISMI IN THE OFFICE OF THE Cry CL_GB.
PUPS°,.'(T TO .'.R CE"'RA'. ta'13, Ci!':P7't? ��8, S !:i iilri 11, THE VARIANCE 0^ SPECIAI. PERMIT
GR„ti(EO f1_::El i, "If.;L NJi TP.FEEF '-X UIIT!L A CO?Y Oh 'I'H:7ECI3iSN. UE 't
H N! THE CcRT-
FI( TL•:'l TF L:iiY CLIRi ["Ai 2f, D. .1 l ❑. Ai?.. Ni C-EFI FILED,
UR YTHAT, ,F .SU.'.: AN AKSU H's SEE r,LFbUA; If NAS E E.lj D!S.:i!S::ED nP CEii;ED IS
RECORDED IN THE SOUTFI ESSE:( P.E3!ST.i or, iJEB AND I'!li_XED ULIGER THE iitin7E OF THE 07MER
OF RECORD OR IS RECORDED AND NOTED ON THE OViNcR'S CERTIFICATE OF TITLE. -
BOARR OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
of �5ttlrm, cfflassarljMiff 5� AH '75
�)
JuZO IL 05CI7Y C i .^ FICE' .�
curb Df LAnVA
r��uuEv*� CITY CL=r,n'S OFFICE SALE-. MASS.
SA� EH, MASS[
�" MAY 17, 1979
DECISION ON PETITION SUBMITTED BY K. .FRANK KONKEL CONCERNING PROPERTY LOCATED
AT 56 WINTHROP STREET (NON-CONFORMING USE IN A R-2 DISTRICT)
A hearing on this petition was held on May 17, 1979 with the following members
of the Board of Appeals present: James Boulger, Chairman; Arthur LaBrecque;
Douglas Hopper; John Nutting; Edward Luzinski. Notices were sent postpaid to
abutters and others and duly published in the Salem Evening News on May 3, and
103 1979 in accordance with Mass. General Laws.
Atty. Albert Pitcoff represented the Petitioner before the Board. K. Frank Konkel
is the owner of the building erected long before 1945. Atty. Pitcoff petitions
for a Special Permit to change the non-conforming use of the building from the
storage of food products to the storage of painter's riggings, ladders, and
equipment. The proposed new occupant would be the Berube Painters, to be used
only for storage of their equipment as they have a store and office on Ward Street,
where their paint supplies are kept. There will be no traffic. Mr. Philip Berube,
Vice President of A. Berube & Sons spoke. His men would arrive approximately at
7:00 A.M. to pick up their equipment and return around 4:30 P.M. Inflammables
such as thinner are kept at Ward Street and will not be stored here.
The Board voted unanimously to grant the Special Permit requested with the following
restrictions: 1.)No storage of oil base paint or inflammable liquids: 2.)All
storage of materials and equipment shall be contained within the building.
The Board found that it could grant the Special Permit requested due to special
conditions affecting this particular building but not affecting generally the
Zoning District in which it is located. Desirable relief may be granted without
substantial detriment to the public good and be much better than the present use.
A literal enforcement of the provisions of the Zoning Ordinance or By-Law.
SPECIAL PERMIT GRANTED.
P.FPEAL F.._ ' .- ANY. .+.::.LL B° <-A7_ ;'..li.T TG S C.� ;i 17 Or " fc 4S5: es H. Botilger, Jr. U r—
c D s r^ s s r' r F:LIrG
Chairman
.F :JMH Gr Ti!E ( G__?Y.
Ni0.7aER
OF RE'." 'J LR :C R AN'D NO!ED Cil THE C-!{!ER,S F!MriCA.E GF TITLE. - - -
BOARD OF APPEAL
• A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERIC.
rc '
(9i#g of gatem, fflaseachusetts
PAttrb of Appe2ij
MARCH 28, 1979 � � g
DECISION ON PETITION OF ROBERT M. MARSHALL, 4 WOODBURY COURT (R-2 DISTRICT)
A hearing on this Petition was held on March 28, 1979, with the following
Board Members present. James Boulger, Chairman, Jane Lundregan, Edward Luzinski,
Raymond Nutting and Joseph Piemonte. Notices were sent to abutters and others
and duly published in the Salem Evening News on March 14 and 21, 1979 in accordance
with Mass. General Laws, Chapter 808.
Petition wished to construct an additional room over an existing garage at
4 Woodbury Court, with a variance allowed from the existing lot line. Atty.
Daniel Horgan spoke for the petitioner. The petitioner wishes to construct a
bedroom over the existing garage and the house is presently non-conforming in that
the existing rear lot line is one foot two inches. The non-conforming would not
be increased by the addition. The house is very small and having only four rooms.
The Board voted to grant the Special Permit requested, to allow the construction
of an additional room on a non-conforming structure at 4 Woodbury Court, with the
existing lot line of one foot two inches. The Board found that it could grant such
Special Permit without any detriment to the neighborhood, or without derogating
-from the intent of the Salem Zoning By-law.
SPECIAL PERMIT GRANTED
APPEAL FRO`3 THIS DECISION, IF ANY. SHALL BE ;.ADE PURSUANT TO SECTION 17 OF THE MASS. 'Jane T. Lundregan
CENCRAL LAVNS, CHAK'M 603, AND SHALL BE BLED m7f!IN 20 DAYS AFTER THE DATE OF FILING `Secretary
OF TFIIS DECIS!0N IN THE OFFICE OF THE CITY CLERK.
Psi::'A4Ji TO hASS. GENERAL Li VVS. CHAPTER 8O3. mri.iN 11. THE VARIANCE OR SPECIAL PERMIT
RA.,",E0 kci.El:`i. SHALL Pff TA.i(E EFFECT U71TIL A COPY OF THE THE CERT-
OF FHE CITY CLERK. NX.- 20 DAYS HAVE E!A.?SEO iAN NO APPEAL HAS BEEN FILED, -
. R oHAL IF SUCH AN APPEAL HAS BEc! FILEDTHAT IT HAS Br-2N DIS'dISSED OR DENIED IS - -
P.ECJROEO IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NNNIE OF THE OVJNER - -
OF RECORD OR IS RECORDED AND NOTED ON THE OVJNER'S CERTIFICATE OF TITLE. _
BOARD OF APPEAL -
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.