1-3 OCEAN TERRACE - BUILDING INSPECTION �-���P��� -c�
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CITY CL=�K'5 OFFICE
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DECISION ON THE PETITION OF STUART COMER FOR A SPECIAL PER&i2 Fdk 3 OCEAN TERRACE
-Try
A hearing on this Petition was held on July 29, 1981 with the following
Board Members present: Douglas Hopper, Chairman; Messrs. Hacker and Feeherry
and Associate Members Lusinski and Martineau. Notice of .fhe hearing was sent
to abutters and others and notices of the hearing were properly published in
the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A.
The Petitioner has requested a Special Permit to divide the existing
four unit apartment building at the site into three units by combining the two
present units on the third floor into one dwelling unit.
The property is within an R-1 district; however, the property has for
many years been used as a four-family dwelling.
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:
Notwithstanding 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 F and IX D,
grant Special Permits for alterations and reconstruction of non-
conforming structures, and for changes, enlargement, extension of
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,
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 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. Petitioner has made substantial capital improvements in this property
during ,his period of ownership.
2. Petitioner's proposed reduction in the total number of units at the
site will have a beneficial effect on the area by reducing traffic and by improving
parking problems.
3. Petitioner's proposed use of the property is not opposed by any neighbor's.
RECTA IF ,
DECISION - STUART COMER - PAGE TWO '81 AUG -6 P3 :41
CITY CLERK'S OFFICE
On the basis of the above findings of fact and on the evidencesented °
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 Board unanimously approves the granting
of a Special Permit to the Petitioner.
The Special Permit is therefore granted in accordance with the following
terms and conditions:
1. The building may be converted into a three-unit dwelling by remodeling
the third floor of the building in accordance with plans to be approved by
the Building Inspector.
2. The existing parking area at the site shall be maintained.
3. This Special Permit is conditioned upon the Petitioner's continued
ownership and occupancy of this building.
Anthony M. Fee rr
APPEAL FROM THIS C:C!':iJV, 17 A"!Y, SHALL BE .".LACE PGRSUMT TO MTV! 17 CF THE MMSS.
�..i:'.L �F- C"! -... .-'.,. !'.0 `S.- I:- EE Fi: J ::fti! 'G,. DAYS A.i_C TK C:TE OF F;LI!iu
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OF AiJ NJ:' J Ci!'Tli? CV;N'-R'S CE !FICA” OF TME. - -
GJARD OF A;FSiL .
A COPY OF THIS DECISION AND PLANS HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERI
Ileo
CITY OF SALEM HEALTH DEPARTIVIENT
BOARD OF HEAL"n,til u� W�
Dr. Israel Kaplan Puhlicafalrnt Cater
Off Jefferson Avenue RECE.1 C p4AS
S
Salem, Massachusetttalpop Sd
PHILIP H. SAINDON ROBERT E. BLENKHORN
JOSEPH R. RICHARD
M.MARCIA COUNTIE,R.N. HEALTH AGENT
MILDRED C.MOULTON,R.N. (617)745-9000
EFFIE MACDONALD
ROBERT C. BONIN
- Nan.cv Hearne -
Spa hawk Terrace
Marblehead, Mass. 01945 September 7,1979
Dear Sir/ Madam:
During an inspection of your property at— 3 A Crc an ,Te _gz Salem, Mass.
tenant(s) Joe Chounard (on) 9/4/79 9
at 10:.30 A.M. the following violations have been noted*
1. hole in ceiling in bedroom.
2. Front hall-second floor-window frame-storm window loose.
3. Cockroaches in bathroom and kitchen.
4. Kitchen window screen broken.
5. No rear exit to apartment; attic apartment only one enterence and exit.
Page I of 2 Pages
JW
Page nf 2
Dita 0ep -embpe'rgl! 1979
KINC-ITY OF IFAL11-1 t',LPAR1V1._N1
DR ISRAEL KAPAN PFL:,� :!� 1ri� CF:r,ri ry
OFF JEFFENSW AVI NIQ Joe Chounard
10.A -3-K-Gee,a*-Tervaee------
QRcy Hearne
To:__
Marblehead, Mass. 01945
You are hereby ORDERED to make a good faith effort to correct these violations ; said
correction of these violations shall be commenced_j after receipt
_(_S1KY=_ZAY_S___ ---
of this letter and shall be completed no later than_30_(Tj=y�_.DAYS_ . Also, please
notify the Health Department immediately by letter of your intention to make these repairs.
You are hereby advised of your right to a Hearing before the Board of Health by filing a
written petition within 7 days . Procedures for filing of said petition are enclosed.
You are also hereby advised that the conditions which exist may permit the occupant(s) to
exercise one or more statutory remedies which can inolude rent withholding.
You are further advised that failure on your part to comply within the specified time can
result in a complaint in the Salem District Court.
FATHE BOARD EALTH REPLY TO:
ROBERT E. BIENKHORN Milton Tankanow
Health Agent Asst. Inspector
REB/
Certified Mail # P.05 0,383378 Walter F. Szczerbinski R.S.
Encls: Senior Inspector
(1) Procedure for filing Petition
(2) Three-Page Inspection Report
cc:
x Building Inspector, One Salem Green
Electrical Inspector, 44 Lafayette St .
Fire Prevention, 48 Lafayette St .
Plumbing Inspector, One Salem Greet)
Gas Inspector, One Salem Green
Tenant(s)
Ward Councillor
Attorney
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t},
(Iity of Ontrm, Aussar4usrtts
Aamosars' Offirt, MUg Na11 MAY 26, 1981
4
ABUTTERS MAP 33 LOT 690
TO: 3 OCEAN TERRACE ASSESSED OWNER: STEWART A. COMER ✓ 1
MAP LOT LOCATION ASSESSED OWNER MAILING ADDRESS
33 689 21 Ocean Ave. Zocco Realty Trust 18 Folger Ave.
Joseph Zocco et al Trs. Beverly, MA 01915
33 688 15 'Ocean Ave. William S. &
Wilma Carman Same as location
33 691 5 Ocean Terr. Robert T. Marsilia &
Ronald A. Marsilia Same as location
33 692 9 Ocean Terr. Martha B. Sanders 11- Ocean Terr., Salem, MA
33 712 45 Summit Ave. Robert F. &
Elaine McKenna Same as location
33 714 4 Cliff St. Warren J. &
J. Rollande Grant Same as location
33 713 8 Cliff St. John E. &
Phyllis M. Olbrych 6 Patton Rd., Salem, MA
33 697 15 Cliff St. Lawrence D. & Beverly Savings Bank
Elizabeth M. Ash Beverly, MA 01915
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DECISION ON THE PETITION OF PETER WHITE AND NANCY CHATIS FOR A
VARIANCE AT 1-3 OCEAN TERRACE (R-1)
A hearing on this petition was held September 19, 1990 with the following Board
Members present: Richard Bencal , Chairman; Joseph Correnti , Richard Febonio,
Edward Luzinski and Mary Jane Stirgwolt. Notice of the hearing was sent to
abutters and others and notices of the hearing were properly published in the
Salem Evening News in accordance with Massachusetts General Laws Chapter 40A.
Petitioners, owners of the property, are requesting a Variance to allow a
three family dwelling in this R-1 district.
A petition to allow this property to be a three family was denied by the Board
of Appeal on April 18, 1990. Owners of the property at that time were Robert
and Ronald Marsilia. The Board of Appeal , after hearing evidence regarding sub-
stantial change, said change being owner occupancy, and after receiving Consent
from the City of Salem Planning Board, voted unanimously, 5-0, that there was a
substantial change in the petition and they would re-hear the case.
The Variance which has been requested may be granted upon a finding of the
Board that:
a. special conditions and circumstances exist which especially affect the land,
building or structure involved and which are not generally affecting other
lands, buildings and structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner;
c. desirable relief may be granted without detriment to the public good and
without nullifying or substantially derogating from the intent of the district
or the purpose of the Ordinance.
The Board of Appeal , after careful consideration of the evidence presented, and
after viewing the plans, makes the following findings of fact:
1 . A Special Permit was granted in 1981 allowing this property to become a legal
three family dwelling with the condition that it be owner occupied.
2. Since 1981 the building has contained three dwelling units.
3. The Special Permit in question lapsed due to the fact that the previous
owner did not comply with the condition of the Special Permit.
4. The present owner acquired this property as a legal two family dwelling with
three dwelling units.
DECISION ON THE PETITION OF PETER WHITE & NANCY CHATIS FOR
VARIANCE AT 1-3 OCEAN TERRACE, SALEM
page two
5. The fact that the building was altered to contain three dwelling units
under a previously granted Special Permit creates a condition that is
particular to this building.
6. The presence of the third unit creates a hardship for the petitioner in
that it limits the usefulness of the building unless it can be legally
operated as a three family dwelling.
7. The petitioners intend to make the property their permanent residence.
8. Several neighbors and abutters spoke in favor of the petition.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property but not
the district in general .
2. Literal enforcement of the provisions of the Ordinance would involve sub-
stantial hardship to the petitioners.
3. The relief requested can be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent of
the district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Variance
requested, subject to the following conditions:
1 . A Certificate of Occupancy must be obtained for the dwelling.
2. All requirements of the Salem Fire Dept. relative to smoke and fire safety
must be strictly adhered to.
3. The property must remain owner occupied.
4. The owner must provide parking for five cars on the site if necessary.
GRANTED
September 19, 1990
C�
Maryan gwolt, embe Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
•�.9 fi , ��._..w�..,.,, Appeal from this decision, If any, shall be made pursuant to Section•17 o -
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-
F.:rsucnt to Mars. General Laws, Chapter 808, Section 11, the Variance.
y z I I .i� d3s or :?pecml Permit granted herein shall not take effect until a copy of the
<'ecision, bearins the certification of the City Clerk that 20 days have
elapsed and no appeal has been filed, or that,if such appeal has been
filed,that It has been dismissed or denied is recorded in the South Essax
Registry of Deeds and indexed under the name or the owner of recorder
Is recorded and noted on the owner's Certificate of Title.
BOARD OF AOPIREA I
SEP Lu ii 28
z (City of ttlem, � ttsstttljusPtts_
Poura of CAufreul
_ ..
DECISION ON THE PET-ITION-OF-PETER WHITE AND NANCY CHATIS FOR A
VARIANCE AT 1-3 OCEAN TERRACE (_ R 1)
A hearing on this petition was held September 19, 1990 with the following Board
Members present: Richard Bencal , Chairman; Joseph Correnti , Richard Febonio,
Edward Luzinski and Mary Jane Stirgwolt. Notice of the hearing was sent to
abutters and others and notices of the hearing were properly published in the
Salem Evening News in accordance with Massachusetts General Laws Chapter 40A.
Petitioners, owners of the property, are requesting a Variance to allow a
three family dwelling in this R-1 district.
A petition to allow this property to be a three family was denied by the Board
of Appeal on April 18, 1990. Owners of the property at that time were Robert
and Ronald Marsilia. The Board of Appeal , after hearing evidence regarding sub-
stantial change, said change being owner occupancy, and after receiving Consent
from the City of Salem Planning Board, voted unanimously, 5-0, that there was a
substantial change in the petition and they would re-hear the case.
The Variance which has been requested may be granted upon a finding of the
Board that:
a. special conditions and circumstances exist which especially affect the land,
building or structure involved and which are not generally affecting other
lands, buildings and structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner;
c. desirable relief may be granted without detriment to the public good and
without nullifying or substantially derogating from the intent of the district
or the purpose of the Ordinance.
The Board of Appeal , after careful consideration of the evidence presented, and
after viewing the plans, makes the following findings of fact:
1 . A Special Permit was granted in 1981 allowing this property to become a legal
three family dwelling with the condition that it be owner occupied.
2. Since 1981 the building has contained three dwelling units.
3. The Special Permit in question lapsed due to the fact that the previous
owner did not comply with the condition of the Special Permit.
4. The present owner acquired this property as a legal two family dwelling with
three dwelling units.
DECISION ON THE PETITION OF PETER WHITE & NANCY CHATIS FOR
VARIANCE AT 1-3 OCEAN TERRACE, SALEM
page two
5. The fact that the building was altered to contain three dwelling units
under a previously granted Special Permit creates a condition that is
particular to this building.
6. The presence of the third unit creates a hardship for the petitioner in
that it limits the usefulness of the building unless it can be legally
operated as a three family dwelling.
7. The petitioners intend to make the property their permanent residence.
8. Several neighbors and abutters spoke in favor of the petition.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property but not
the district in general .
2. Literal enforcement of the provisions of the Ordinance would involve sub-
stantial hardship to the petitioners.
3. The relief requested can be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent of
the district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Variance
requested, subject to the following conditions:
1 . A Certificate of Occupancy must be obtained for the dwelling.
2. All requirements of the Salem Fire Dept. relative to smoke and fire safety
must be strictly adhered to.
3. The property must remain owner occupied.
4. The owner must provide parking for five cars on the site if necessary.
GRANTED
September 19, 1990
2PJ C,G�
Mary an gwolt, Membea Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal from this decision, If any, shall be made pursuant to Sectlon 17 0�,
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_
F!rsuent to Mal,s. General Laws, Chapter 808, Section 11, the Variance.
!• Z I I ^l� d�s or :?pecial Permit wanted hereln shall not take effect until a copy of the
recision, bearing the certification of the City Clerk that 20 days have
elapsed and no appeal has been filed, or that, if such appeal has been
filed,that It has been dismissed or denied is recorded in the South Eaaex
Registry of Deeds and indexed under the name or the owner of record ar
Is recorded and noted an the owner's Certificate of Title.
BOARD OF APPE.A11
- APA 13 3 04
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b `� (1Zitiy of '�klem, � ttsstzclluset�s
�Rattra of c�upeal
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DECISION ON THE PETITION OF ROBERT _& RONALD MARSILIA
FOR A VARIANCE AT 1=3 OCEAN TERRACES R-1 )
A hearing on this petition was held April 18, 1990 with the following Board
Members present: James Fleming, Chairman; Richard Bencal , Vice Chairman; Mary
Jane Stirgwolt; Associate Members Arthur LaBrecque and Peter Dore. Notice of
the hearing was sent to abutters and others and notices of the hearing were
properly published in the Salem Evening News in accordance with Massachusetts
General Laws Chapter 40A.
Petitioners, owners of the property, are requesting a Variance from use and
parking to allow a three family dwelling in this R-1 zone.
The Variances which have been requested may be granted upon a finding by the
Board that:
a. special conditions and circumstances exist which especially affect the land,
building or structure involved and which are not generally affecting other
lands, buildings and structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner;
c. desirable relief may be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent of the
district or the purpose of the Ordinance.
The Board of Appeal , after careful consideration of the evidence presented at the
hearing, and after viewing the plans, makes the following findings of fact:
1 . Substantial opposition was presented by abutters and others.
2. The property is not presently owner occupied as required by a prior
decision of the Board.
3. The proposed use would worsen an already bad parking problem.
On the basis of-the above findings, and on the evidence presented at the hearing,
the Board of Appeal concludes as follows:
1 . Desirable relief cannot be granted without substantial detriment to the public
good or without nullifying and substantially derogating from the intent of
the district and the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted 3-2 against the granting of the
requested Variance. (Messrs. , Bencal Fleming & Labrecque in favor, Ms. Stirwolt
and Mr. Dore opposed. Having failed to obtained the required four (4) affirmative
votes, Variance is Denied.
VARIANCES DENIED
DECISION ON THE PETITION OF ROBERT & RONALD MARSILIA FOR
A VARIANCE AT 1-3 OCEAN TERRACE, SALEM
page two
VARIANCES DENIED
�Q
chard A. Bencal , Vice Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal from this decision, if any, shall be made ptrrsuant 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. Genera! Ll,:s. Ch:'.r.'.e: 808. Section 11, the Variance
or!pecial Permit granted hn_-ein sha:l rat tike effect until a copy of this
decision, bearing the certification of the City Clerk that 20 days have
elapsed and no appeal has been filed,or that, if such appeal has been
filed,that it has been dismisse4i or denied is recorded in the South EsseN
Registry of Deeds and indexed under the name or the owner of record m.
is recorded and noted On the owner's Certificate of Title.
BOARD OF APPEALS __.
g P Cgitg of �Satem, fflassar `.isFretts
a;
Waarb of Allpa['81 AUG -6 P3 :41
CITY g CLERK'S t7FFICE
DECISION ON THE PETITION OF STUART COMER FOR A SPECIAL PERP*FOR 3 OCEAN TERRACE
A hearing on this Petition was held on July 29, 1981 with the following
Board Members present: Douglas Hopper, Chairman; Messrs. Hacker and Feeherry
and Associate Members Lusinski and Martineau. Notice of the hearing was sent
to abutters and others and notices of the hearing were properly published in
the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A.
The Petitioner has requested a Special Permit to divide the existing
four unit apartment building at the site into three units by combining the two
present units on the third floor into one dwelling unit.
The property is within an R-1 district; however, the property has for
many years been used as a four-family dwelling.
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:
Notwithstanding 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 F and IX D,
grant Special Permits for alterations and reconstruction of non-
conforming structures, and for changes, enlargement, extension of
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,
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 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. Petitioner has made substantial capital improvements in this property
during ,his period of ownership.
2. Petitioner's proposed reduction in the total number of units at the
site will have a beneficial effect on the area by reducing traffic and by improving
parking problems.
3. Petitioner's proposed use of the property is not opposed by any neighbor's.
1
.6
DECISION — STUART COMER — PAGE TWO *81 AUG -6 P3 :41
CITY CLFRK'S OFFICE_
•"rt
On the basis of the above findings of fact and on the evidence � Sented '
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 Board unanimously approves the granting
of a Special Permit to the Petitioner. _
The Special Permit is therefore granted in accordance with the following
terms and conditions:
1. The building may be converted into a three-unit dwelling by remodeling
the third floor of the building in accordance with plans to be approved by
the Building Inspector.
2. The existing parking area at the site shall be maintained.
3. This Special Permit is conditioned upon the Petitioner's continued
ownership and occupancy of this building.
J
Anthony M. FeeTry
APPEAL FROM, THS CFCs" ODi, IF ANY. SHALL EE MADE PURSUANT TO SECTMI 17 PF THE ;SASS.
_..::.:,L LAS: ,.... ..... ._ F:'., S?'' EC Fi:"EU ..:..:%il 2O I,W: AFTE.. TH. C'TE OF FIL1—G
. ...T I .. L,.
U"`74 ;i" S G:....1 11 TEE 1 077'.Al PF.1%1T -
GF1..:I ! . . 1: C..._ .:..tl Ur.i:L A _7'7 .F T.'!
FC1D.
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BOARD OF A.FLAL
A COPY OF THIS DECISION AND PLANS HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLER
r r'.%?t; t .:�� r•°WauTP�ii. v;; fir�'yk��-\,. . .. ..._. ..
,�j/�1am moo` CERTIFICATE ISSUED
DATE OrtnhPr 14, 114412
1' CITY OF SALEM
a SALEM. MASSACHUSETTS 01970 BUILDING PERMIT -
1a•�E,� CERTIFICATE OF OCCUPANCY
DATE Sept. 19[ 19 91 PERMIT NO. 44$-91
APPLICANT a.d1Cv vaZZtE ADDRESS 3 �--eaR Terrace OVd1II32
IXO.I ISTREETI ICONIR'S CICENSEI
ppEPI] NUMBER OF
PERMIT TO LWT (j 1 STORY ck2mj m DWELLING UNITSTHREE
111FE OF IURROv[ME M11 NO. IPNOPOSED USEI
1-3 OCEAN TERRACE WAM 5 ZONING
♦T (LOCALIONI DISTRICT R-1
1X0.1 ISTR[Cll
BETWEEN AND
VROSS STREETI ICPOSS STPEETI
LOT
SUBDIVISION LOT BLOCK SIZE
BUILDING IS -,DOE FT, WIDE P• FT. LONG By FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION
TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION_
ITIIEI
REMARKS! uiW\rjING PMvMn G & ELEC`IRICAL UP .10 DANE f MDM REPAIlEPR
ZS (WWX ALREADY O0MFl *
CALL EOR PERMIT TO OCCUPY 74455-9595
9. � js
ai t] -FI +j0
AREA OR
VOLUME
C':BICrSOUARE F[CTI
Nancy 0111Of116fTOA16!'EIOP'llb!'.•O!'El TO BOPOOST ON REMISE[IbrFlOt11O
OWNER `•""`S Mite TO BE POSTED ON PREMISES
ADDRESS 3 Oman Terrace, Salen,mA SEE REVERSE SIDE FOR CONDITIONS OF CERTIfL.CATE
Maurice M. .Martineau v1
i
CARTER TOWERS ENGNEEf ING CORP.
.7uoa, �cure�eLaiee�zfc� ,
I Jesepn D Caner
-
Protesslcna!Engineer 6 FAIRVIEW AVENUE
I
Rregisre:eo Land Surveyor SWAMPSCOTT, MASS, 01907
Tel. 592-8366
1 �-
I t .S�•YG rl ,\
ot-
f
1 .
f 't THIS AREA PAVED FOR PARKING
1
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May 20, 1981
Office of the City Assessors
City Hall
Salem, MA 01970
Gentlemen:
I would appreciate having a list of abutters for the
following properties for a public hearing scheduled for June 1981.
Please forward said list to Claudette Martineau,
c/o Salem Planning Department, One Salem Green.
ADDRESS OWNER
1-3 Ocean Terrace Stuart Comer
14 Chestnut St. Thorvald G. Lauritsen
24 Turner St. Robertsen-Corinthian Ltd.
R51 Canal St. Saul Tanzer Realty Trust
Thank you for your cooperation.
Sincerely, y "]
Claudette Martineau
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AUGUST 6, 1981
NOTICE IS HEREBY GIVEN THAT AS OF THIS DATE THE DECISION OF THE BOARD OF
APPEAL HAS BEEN FILED AT THE OFFICE OF THE CITY CLERK TO GRANT THE PETITION
OF STUART COMER FOR A SPECIAL PERMIT TO DIVIDE THE EXISTING FOUR UNIT
APARTMENT BUILDING AT 3 OCEAN TERRACE INTO THREE UNITS BY COMBINING THE
TWO PRESENT UNITS ON THE THIRD FLOOR INTO ONE DWELLING UNIT.
BOARD OF APPEAL
ANTHONY M. FEEHERRY, 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 WITIiIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSANT TO f1SASS. GENERAL LAWS, CiHAPTEP, 808, SECTION 11, THE VARIANCE OR SPECIAL PERMIT
GRANTED HEREiN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISIO'l, B'ARiNG THE CERT
FIGATION OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL. HAS BEEN FILED,
OR THAT, IF SUCH AN APPEAL HAS BEEN FILE, THA" II `IAS LEELI DISrr:ISSED OR DENIED IS
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAII1E OF THE OWNER
9jF9aGROi ORIS.RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
DATE OF HEARING JULY 29, 1981
PETITIONER STUART COMER
LOCATION 1-3 OCEAN TERRACE
MOTION: TO GRANT / pL_ PYY�� SECONDED
TO DENY SECONDED
LEAVE TO WITHDRAW SECONDED
ROLL CALL ABSENT PRESENT GRANT DENY WITHDRAW
ANTHONY FEEHERRY ✓/
JAMES HACKER V
DOUGLAS HOPPER (/
ARTHUR LA BRECQUE
JOSEPH PIEMONTE
ASSOCIATE MEMBERS _.
EDWARD LUZINSKI V
JEAN-GUY MARTINEAU / - //
DISCUSSION & CONDITIONS: j Q Lq �/ 1411je zz/ /?p / /� / l e
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MEMO: Board of Appeal %
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FROM: Planning Board L
DATE: July 29, 1981
RE: Petition of Stuart Comer for a special permit to divide the
building at 3 Ocean Terrace into 3 separate apartment units.
The Planning Board has carefully reviewed the request and would respectfully
urge the Appeal Board to question the parking situation in this case. We
would also suggest that the Board require that parking spaces be listed on the
application, stating the number of parking spaces available before and after
the permit is granted.
WALTER B. POWER III
Chairman
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Cf tp of Oatem, ,laggacboettg
J)ub[ic Prupertp Mepartment
Nuitbing Mepartment
Out Opatem green
745-9595 Cxt. 380
William H. Munroe
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
June 18, 1990
Ronald & Jean Marsilia
12 Whitter Avenue
Saugus, MA. 01906
RE: 117- Ocean Terrace, Salem;MA,.
I
Dear Ronald & Jean:
This office has received a complaint that the above referenced property is
still being used as a three family. This puts you in violation of the City of
Salem Zoning Ordinance, Section V, Paragraph A.1. (Permitted Uses) .
You have been denied by the Board of Appeal to allow the property to be used
{ as a three family. You have fifteen (15) days upon receipt of this letter to
vacate the third unit. Failure to comply with this order will result in this
y office taking legal action against you.
If you have any questions, please contact me at this office.
Sincerely,
James D. Santo
Assistant Building Inspector
JDS/jmh
c.c. Ward Councillor
City Solicitor
Fire Prevention
Board of Health
DATE OF PERMIT I PERMIT No. OWNER LOCATION
Stuart Comer 3 Ocean Terrace
STRUCTURE MATERIAL DIMENSIONS No. OF STORIES No.OF FAMILIES I WARD COST
BUILDER
7/29/81 Special Permit to divide the existing four unit apartment building at the site
into three units by combining the two present units on the third floor
into one dwelling unit. GRANTED WITH CONDITIONS. Board of . Appeals
i t
1)ATE:...,... ..
APPEAL. CAS[ NO.
Y OF SALEM, MASSACHUSEM
5
PO TI� 1SA)�ARD OF APPEALS:
The Undersigned represent that he is xmx the Owners of a certain parcel of Land located
at No. . 1.3.Oge,�n.TQri;age. . . . . . . . . . . . . . . . ; 'Zoning District. .
. R. 1- . . . . . . . . . ; and said Parcel is affected by Section(s). .
V., (B 10) - - . . . . . ; of the S:.iem Zoning Ordinance alkdr6cmRxS:acaRkat¢1�s .
mkxt&axNassashssa8EsxSiaYsxl3 =g(XkKk%
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A.1 of the Zoning Ordinance.
The locus property consists of a 15 room, 3 story dwelling house which has been in its
present condition prior to the adoption of the City of Salem Zoning By-Laws. The first
and second floors of the building each consist of 5 rooms, including 2bedrooms, study,
living room, dining room, kitchen and bath. The third floor consists of 5 finished
rooms including heating and wiring which has been used for several years as 2 separate
apartments, each apartment containing a kitchen with a common bath. The petitioner pro-
poses to divide the building into 3 separate apartment units and remodel the third floor
by combining the 2 present units. into 1 unit so that it shall consist of 2 bedrooms, study,
living room, dining room, kitchen and bath.
The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
This is a direct appeal.
for Special Permit from
The Undersigned hereby petitions the Board of Appeals/EsxvaryT the terms of the Salem
Zoning Ordinance x6imcxBnicldgx@adax�dx®adaxx8laexixispars�sxc$xad�ix6dxng®c�ac
wpvex tsttn aaSaao�x5a�cxp�kkxkmx�sic§dxasx¢flssix as the enforcement of said
Zoning By-Laws anck>B=k1dxKXxQada would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance ga9cRa i—&WX)0dW for the
following reasons:
The structural appearance of the exterior of the building will remain unchanged. There are
many 3 story and/or multi-family structures in the neighborhood. Theproposed use will be in
conformity with that now actually prevailing in the neighborhood. Although the property is
within a R-1 District, it has for many years been used as a 3 and 4 family dwelling (a non-
conforming use) . The owner has made substantial improvements in the property during recent
years and has made a significant investment in the property. It is respectfully submitted
that the change of the present nonconforming use shall not be substantially more detrimental
than the existing nonconforming use to the neighborhood. It is further submitted that the
proposed work to be done will conserve the value of the land and buildings and will encourage
the most appropriate use of the premises.
Owner. .Stuart CoIDer . . . . . . . . . .
Addxess.1=3.Ocean-Terrace_ Salem .
Telephone. -0 ,
Petitioner Stuart Comer
Address.1.3 Ocean errace: Salem .
Date May 18, 1981 �. I
Telep an 4 -05. . _ .
By .
G OF P. ALLIS, his attorney
Three copies of the application must be filed with the Secretary of the Board of
Appeals with a check, for advertising in the amount of $ . . . . . . ,
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.