29 BRIDGE STREET - INGEMI, ARTHUR - ZBA (2) 29 Bridge ,St. , B-2
ArthurIngemi
%r (Eitn of �&Ulvm, {Aassuchusetts
Nourd of Appeal JUN 17 3 03 Pif 91
01ERK' ()j-Fj'CEc :
DECISION ON THE PETITION OF ARTHUR INGEMI FOR A VARIANCE AT
29 BRIDGE STREET ( B-2 )
A hearing on this petition was held June 3 , 1992 with the
following Board Members present : Richard Febonio, Acting
Chairman, Francis Grealish, Stephen Touchette , Edward
Luzinski and Associate Member Ronald Plante . 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.
Petitioner , owner of the property, is requesting variance
from lot coverage and parking to allow construction of an
addition in this B-2 district .
The Variance which has been requested may be granted upon a
finding by this Board that :
1 . 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 involved .
2 . Literal enforcement of the provisions of the Zoning
Ordinance would involve substantial hardship , financial or
otherwise, to the petitioner .
3 . 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 . There was no opposition to the petition, only concerns expressed by
neighbors pertaining to esthetics and noise factor which were addressed
under the conditions set by the Board of Appeal to their satisfaction.
2 . There would be no loss of any parking spaces .
DECISION ON THE PETITION OF ARTHUR INGEMI FOR JUN17
A VARIANCE AT 29 BRIDGE STREET , SALEM 3 03P;i ,
page two
CITY . T
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CLERK.' ;'
3 . Allowing this petition would enhance petitioner ' s
ability to better serve his patrons .
On the basis of the above findings of fact, and on the
evidence presented at the hearing, 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 Zoning
Ordinance would involve substantial hardship to the
petitioner .
3 . Desirable relief 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 . Petitioner shall comply with all city and state
statutes , ordinances , codes and regulations .
2 . All construction shall be done as per the plans and
dimensions submitted .
3 . Petitioner shall comply with all requirements of the
Salem Fire Department relative to smoke and fire safety.
4 . Petitioner shall obtain a legal building permit from
the City of Salem Building Inspector.
5 . Exterior finishes of the addition shall be in
compliance with the existing structure and noise factor be
baffled to avoid any nuisance to the neighbors .
6 . A Certificate of Occupancy be obtained.
DECISION
ARTHUR
FOR VARIANCES HATP29IBRIDGE FI JUN
STREET, SALEMI, 3 04p# f9Z
page three C'TyCF S +
CLERK,Sp '
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VARIANCE GRANTED
June 3 , 1992
Richard Febonio, Member
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 Section 17 of the Massachusetts General Laws Chapter
40A, and shall be filed within 20 days after the date of
filing of this decision in the office of the City Clerk .
Pursuant to Massachusetts General Laws Chapter 40A, 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 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
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!� ZINLNG ORDL'1ANCE
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P R E F A C E
THIS ORDINANCE DATED AS APPR= - AUGUST 27, 1965 - (g218) IS AN EXACT
COPY OF THE ORDINANCE ADCP= BY THE CITY GN THAT DATE AW ATTESTED BY THE
CITY CLERK.
ALL ADDITICNS INCS,UDLNG O]RRECTICNS ARE INDICATED HERELNAPI-ER. THIS,GZTPY
CAN, THEMFORE, BE CONSTRUED AS A TRUE COPY OF, TTZ SALEM ZWMG ORDI?3A% E
ADOPTM AUGUST 27, 1965.'
A'f-*IDNffST15 NO. DESCRIPTION
• SEPIEMBER 2, 1969 - 684 - P TOR F r-VISTCNS TO ZGNING ORDINANCE
AUGUST 1, 1972 - 709-B• - CEMML CFVELC)Pl4Wr DISTRICT' - B-5
MAY 28, 1974 - 414 - FEPEAL OF -c=CN ON SWTIOUNG POOLS
JULY 18, 1974 - 419 - RFSI=TAL DENSITY REGUIIATI(NS
rR-2 and R-3 DISTRICTS
• D IW-R 3, 1974 - 903 - Z=G CTAP CS3ANCE - WARD 7
FROM R-1 AND R-C TO R-3 DISTRICTS
JANUARY 3, 1975 - 690 - DENSITY REGUIIIITICNS - R-3 DISTRICTS,
EX(S.UDING HOUSING FOR ELDERLY (1974)
,
FEBFUVRY 3, 1975 - 765 - DENSITY REGULATICNS - MAXLM41M HEIGUFT OF
BUILDINGS, EXCISIDING HOUSING FOR ELDERLY
(1974)
OCICSSR 29, 1975 - 852 - '=RCI= GRO[+IIH ORDLVANCE
JUNE 1, 1976-,,y - 163 - SKIl'4 MG POOL ORDINANCE
' SEPI'E"SER ]5, X476 X11" DERBY STREk't' ,C�iAN(�
4 DISTT2ICP TO S i;
* NUJDIMR 9, 1976 - 733 R . SIRES'I (IiAN(
FROM L�DISTRICT 18J R-2 DISTRICT
t%Rm 14, 1977 - 153 - rAFiTI.AW AND FTDCi5=HA7 p� $TRj
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CITY OF SALEM _i CITY OF SALEM
BOARD OF APPEAL 6OARU OF APPEAL
745-9595 Ext. 381 ,
74Ext. 381
• Will hold a public hearing for all persons inter- _ Will hold a publicic hearing for all persons inter-
ested in the petition submitted by ARTHUR ested in the petition submitted by ARTHU
INGEMI for a Variance from lot coverage and park- Ircoverage and park-
NGEMI fora Variance from R
lot
ing to allow construction of an additionat29 g to allow construction to an addition at 29
BRIDGE ST. (13-2). Said hearing to be held BRIDGE ST. (B-2). Said hearing to be held
i WEDNESDAY, JUNE 3, 1992 at 7:00 P.M., ONE 'WEDNESDAY, JUNE 3, 1992 at 7;00 P.M., ONE
SALEM GREEN, 2nd floor. •SALEM GREEN, 2nd floor.
RICHARD A. BENCAL, Chairman RICHARD A. BENCAL, Chairman
- May 20 & 27, 1992 SN81044 - I May 20 & 27, 1992
- --- - T - N8 _ _� _ . SN81044
CITY OF SALEM
BOARD OP' APPEAL - - CITY OF SALEM 111
745-9595 Ext. 381 BOARD OF APPEAL, t
Will hold a public hearing for all persons inter- 745-9595 Ext. 381
ested in the petition Submitted by ARTHUR Will hold a public hearing for all persons inter- I I
INGEMI Fora Variance from lotcoverageand park- ested in the petition submitted by ARTHUR I`
ing to allow construction of an addition at 29 - INGEMI fora Variancefromlotcoverageandpark-
BRIDGE ST. (B-2)..Said hearing to be held .ing to allow construction of an addition at 29 - y
WEDNESDAY, JUNE 3, 1992 at 7:00 P.M., ONE BRIDGE ST. (13-2). Said hearing to be held
SALEM GREEN, 2nd floor. - WEDNESDAY, JUNE 3, 1992 at 7:00 PAL, ONE
RICHARD A. BENCAL, Chairman SALEM GREEN, 2nd floor.
May 20 & 27, 1992 - SN81044 • RICHARD A. BENCAL, Chairman
\ May 20 & 27, 1992 SN81044
! - _ j
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CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext. 381 i
Will hold a public hearing for all persons inter-
ested in the petition submitted by ARTHUR
INGEMI for a Variance from lot coverage and park-
ing to allow construction of an addition at 29
BRIDGE ST. (B-2). .Said hearing to be held
WEDNESDAY, JUNE 311992 at 7:00 PAL. ONE
SALEM GREEN, 2nd floor.
RICHARD A. BENCAL, Chairman
May 20 & 27, 1992 '- SN81044
1
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APPEAL CASE N0. . . . . . . . . . . . . . . . . . . . . . . .
ofzzlem, ��an�I55LfT12SP5
Gp�p
TO THE BOARD OF APPEALS :
The Undersigned represent =hat lie ,ire :he owners of 3 certain oarcei of land located
t f10. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Street: cnina District. . . . . .
. . . . NJ6}}WtFY. . xalfi . . . ; and said oarcei is affected by Sect-ones ; . . . .
. . . . . . . . . . . .
of the Massachusetts State Building Code.
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance.
V1l G'I' n
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The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement of said
Zoning By-Laws and Building Code 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 and Building Code for
the following reasons:
F,MUEIfi)N6 MRA" IoM wr (e;vvw cts ANV PAr-PN&
fUvl05i✓+o AKM nN .
Owner. . . . . . . V . . M. . . . . . . . . . .
Address. . . . . . . .�. . . . . . . . . . . . ..
Telephone. . . . .�56 � . . . 7�q - 7�. . . . . . .
Petitioner. . . . . 11�6zpj. . . .
Address. . . . . . .
. . . � v1i . `7r. . . . . . . . . . .
Date. . . . JJ 4L 2�'� ���� T? �77�
Te . . . . . . . . . . . . .
B . . . . . . . . . . . . . . . . . . . . . . . . .
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.
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APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . .
Ctu IIf ?IjPIII, c {FI�SSc�L�T128P 5
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TO THE BOARD OF APPEALS:
The Undersi g,n,ed represent that he s are :.tie owners of _- certain oarcei of land located
.it P10. . . ?.`1 . . .$wtx . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . street: �.;nina District. . . . . .
. . . . .$Z. . .I 16.HW/�Y. .WSIN hand sale Garce ; 15 difeCte� bV _ecz'onts : . . . . . . . . . . . . . . . .
of the Massachusetts State Building Code.
Plans describing the work proposed, have been submitted to the ?nsoector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance. ap
-4 t,
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The Application for Permit was denied by the Inspector of Buildings for the following,
reasons:
V1 tic T
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement of said
Zoning By-Laws and Building Code 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 and Building Code for
the following reasons:
MQU00-N& VAf-4M('g QOM I.t17 GP1V��AC� ,hNl� fl fN� -
'f�fb5�-D �171'f7:oN '
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Owner. . . . . . fss ?Q1J9 1 , _f �!li. . . . . . . . . .
Address. . .�l � . . .1-111 . . .. . . . . . . . . . . .
Telephone. . . . .�?Og� 744-�?'?„1 , . . . . .
Petitioner. . . . . . . . . .
Address. . . . . . . . . . . . . . . . .
Date. . . ,V 23:.1. «6)Z
Te p, e. . . . .
By. . . . y. . . . . . . . . . . . . . .
Three copies of the application must be filed with the Secretary of the Board of
Appeals with a chec , for advertising in the amount of. . . . .. . . . . . . . . —
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
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CtU of L-Salem, fflttssadjusetts
,T Poxra of 'Apvral
June 23, 1992
Notice is hereby given that as of June 17, 1992 the decision
of the Board of Appeal has been filed in the office of the
City Clerk to grant the petiiton of Arthur Ingemi for Variances
tooallow construction of an addition at 29 Bridge St.
BOARD OF APPEAL
Brenda M. Sumrall
Clerk of the Board
Appeal from this decision, if any, shall be made pursuant to Section 17 of
the Mass. General Laws, Chapter 808, and shall be filed within 20 days
after the date of filing of this decision in the office of the City Clerk.
Pursuant to Mass. General Laws, Chapter 808, Section 11, the Variance
or j:ecial Permit grame i herein shall not take effect until a copy of the
decision, bearing the certification of the City Clerk that 20 days have
elapsed a:d no appeal has been.filed, or that, if such appeal has been
filed, that it has been dismissed or denied is recorded in the South Essex
Registry of Deeds and indexed under the name or the owner of record or
is recorded and noted in the owner's Certificate of Title. -
BOARD OF APPEAL
V /
DATE OF HEARING
PETITIONER
ivy g 0, i
LOCATION y�
MOTION: TO GRANT 2Q SECOND L�
TO DENY SECOND
TO RE-HEAR SECOND
LEAVE TO WITHDRAW SECOND
TO CONTINUE SECOND
ROLL CALL PRESENT GRANT DENY WITHDRAW RE-HEAR CONTINUE
arrRARp gvnt�g�
RIeHAt D FEBONIO
FRANCIS GREALISH
EDWARD LUZINSKI
STEPHEN TOUCHETTE v
ASSOCIATE MEMBERS
RONALD PLANTE n
CONDITIONS:��
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APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . .
°'''•y `� fQitn >zi �ttlem, ��tts>z�zfnzsPits
s�
TO THE cOARD OF APPEALS:
"he undersianed represent t,at e .re =ne rwners r :erta n sarcei r land locatea
?9 . f.W49M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . treet: = m na District. . . . . .
$2. . .RJ ?F}W.AV. .ft'NNC-0and said carcei s arfecteo ty ect'.cni =_ . . . . . . . . . . . . . . . . .
or the Massacnuserts State Building Code.
Plans describing the work proposed, have been submitted to the Insoector or Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance. a,
0 0
74 a
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The Application for Permit was denied by the .Inspector of Buildings for the following
reasons:
171
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement of said
Zoning By-Laws and Building Code 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 and Building Code for
the following reasons:
MQUE"N& VANM+ 'F- MM W1- 6WFFIZ &P� ANF' 1 N6,ort�
�of�5rrn �ror�moN
Owner. . . . . . Ar—TfThJt� 1', ,IN !!1J. . . . . . . . . .
Address. . . . . . ��. . . . . . . . .. .. . . . ... .. . . . . . . . . . ..
Telephone. . . . . ? "? . . . . . . . ..
Petitioner. . . .A �IfuZ . P: . JN(P.1V L. . . . . . .
Address. . . . . ti9. . ?W4 . e. . !: . . . . . . . . . ..
Date. . . 23� Te p e. . CJ aq( 7- -1-M-7 .
. . . . . .
10
Byr: . . . . .. .... .. .. . . . ...
Three copies of thejapplication must be filed with the Secretary of the Board of
Appeals with a chec , for advertising in the amount of. . . . .. . . . . . . ... . . . . . . .....
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
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