Loading...
57 LORING AVENUE - VALASKATGIS, A - ZBA 57 Loring Ave. R-1 Arthur B. Freedman (pet) A. Valaskatgis (owner) - 1 (737 a a' i 6 MICHAEL E. O'BRIEN LEONARD F. FEMINO CITY SOLICITOR � 3 ASSISTANT CITY SOLICITOR 93 WASHINGTON STREET 93 WASHINGTON STREET and and 81 WASHINGTON STREET CITY OF SALEM ONE BROADWAY SALEM, MA 01970 MASSACHUSETTS BEVERLY, MA 01915 745.4311 7453311 744.3363 921-1990 Please Reply to 81 Washington Street Please Reply to One Broadway January 22 , 1987 James B. Hacker, Chairman Salem Board of Appeal One Salem Green Salem, Massachusetts 01970 Re : Valaskatgis v Luzinski, et. als. Essex Superior Court #84-1739 Dear Mr. Hacker: Enclosed for your records please find copy of judgment in the above matter. Vlael y Yours, - ( i �-rM . 0'B City Solicitor MEO/jp Enclosure i i I COMMOMIEALTH OF MASSACHUSETTS Essex, ss. Superior Court Dent. Civil Action No. 84-1739 ARTHUR VALASKATGIS, ) Plaintiff ) VS. ; CONSENT JUDGMENT EDWARD LUZINSKI, et als, ) (� y AS THEY ARE MEMBERS OF THE ) O� ARD OF APPEAL OF THE ) CITY OF SALEM, ) - Defendants ) C� rIt is hereby agreed by all parties that Consent Judgment shall be entered in the appeal from a decision of the City of Salem Board of Auueal, v 1 denying the Plaintiff's Petition. requesting the Board to issue a Special v Permit to allow the use of a convenient supermarket within an existing �Nt building situated at 57 i t ng Avenue, Salem, and that the contested decision of the Defendant Board of Appealbeamended and that its decision C' be entered granting a Special Permit with the, following conditions: That the Special Permit to be granted to the Plaintiff, Arthur J4�i< Valaskatgis, by the Defendant Board of Appeal shall contain the following conditions, that the Plaintiff agrees to: (a) That the hours of operation of the convenient supermarket business be limited from 6:00 a.m. to 11:00 p.m. (b) That no alcoholic beverages be sold on the premises. (c) That compact evergreens be planted on the side and rear lot line. -Z- (d) That any lighting to be installed on the exterior of the I premises shall shine towards the building. I I ARTHUR'VALAarATGIS, Plaintiff by hit actor ey,' GEORGE VPMLIS, ESQUIRE ONE CHURCH STREET SALEM, 1)� 01970 (617) 745-0500 CITY OF SALEM, BOARD OF APPEAL, Defendant by ite attorney, i - - ------—r-MICHAEL E. O'BRIEN- CITY SOLICITOR CITY HALL 93 WASHINGTON STREET SALEM, MA 01970 (617) 744-3363 �C .57 Ka, 11ll� o ` �TIPTTi� 2T85t C t2 Cs s- r•^ 1 'Snarb of �ypml 83 OCT 14 P DECISION ON PETITION OF ARTHUR VALASKATGIS FOR ACITY G_` VARIANCE FOR 57 LORING AVENUE-, SALEM A hearing on this petitioner was held September 21 , 1983 with the following Board Members present: James Hacker, Chairman; Messrs. , Charnas, Hopper, Luzinski, Piemonte and Associate Members Bencal and LaBrecque. Notice of said of the hearing was properly hearing was sent to abutters and others and noticeso p p Y published in .the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner requests a Variance to allow him .to construct an auto parts business in this R-1 district.' 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 ZoningOrdinancewould in- volve substantial hardship, financial or otherwise, to the petitioner, and 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 purposes of the Ordinance- On at the hearing and after viewing the 'dente presented g On th., basis of the evi p b> plans, the Board of Appeal makes the followning findings of fact: 1 . The property is a large, undeveloped lot on the edge between a . residential and a commercial area; 2. These special conditions do not generally affect other lots in the area; 3. The property has been an empty dirt lot for about fifteen years, and has not been put to any constructive use for. at least that long; 4. The proposed use of the property would be permitted across the street under the present Zoning Ordinance; 5. The abutting property to the south (the Housing Authority) and the co,.iercial nature of that portion of Loring Avenue makes it impractical to develop the property for residential use. 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 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; 2 Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioner; and DECISION ON PETITION OF ARTHUR VALASKATGIS FOR A VARIANCE FOR 57 LORING AVENUE 3. Disirable 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 purposes of the Ordinance. Therefore, the Board of Zoning Appeal voted unanimously to grant the petitioner a Variance to construct a new auto parts business at 57 Loring Avenue, as shown on a plan submitted to the Board, provided that: 1 . The premises be landscaped, including trees and shrubs;. 2. There be a five (5) foot high solid wall or fence or compactevergreens on the side and rear lot lines; and 3. There be a green area between.the sidewalk and the parking area in-, the front. . � W LL' U — W Lij o jQ Scott E. Charnas, Acting Secretary rN Go Es APPEAL FRC,"d T'" DECISION, v ANY, SHALL EE ',;ADE PURSUANT TD SECTIDII 17 OF THE MIASS. CE:4EEAL LAWS. CRAPi ED ECO, 1:1iD SHALL DE FILED 11l,HP-1 20 DAYS AFTER THE DATE 06 FILINGC•F Til!5 DIC,[SiGti M THE OFFICE OF THE CITY CLERK. "P 8 uJ3, TFSECn . E Va,-',IAS S ro r=L FE.-vmT EF"_CT S:iTiL A CO?Y OF THE SEL'IS101. "� '.. T,:F CE.'•T- FL�?:JiJ OF THE CITY CL_F... 1.:;T 2C DAPS HA'dE EL;?SED ::i40 Nn APPEAL HAS ii J.i FILE), Gr irAT, !F SUCH 30 APPEP.; H;:S FILE. THAI IT HA$ LIEN OIS:;,;SSED DR CL-'i-_ IS RE PECO $OSiH ESSEY. REC:S7RY CF DEEDS A.:J) 1.111,:ED LHJOE 7,H- C;:.E Or Tr.E %?i E:'. OF f'.EWRD OR 1S RECGRDFD ANJ ND`ED ON THE OWNER'S CERTIFICATE OF JT.L - BOARD OF APPEAL - - A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK �,uv-UIL�L 1' 64lJ CITY -F i7l C NOVEMBER 14, 1979 SALEM. r.ASS_ DECISION ON THE PETITION OF ARTHUR VALASKATGIS CONCER1XING PROPERTY LOCATED AT 57 LORIiNG AVENUE IN AN R-1 DISTRICT. A hearing on this petition was held on November 14,1979 with the following Board Members present: James Boulg�r, 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_ 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 constrict 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 West 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 used inside 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 . Zcning Ordinance. APPEAL FROt.1 THIS DEMIO.'I. I' Ai;'f. SXALL 5E 6'ACE PCP.SGABT TO SECTIO''; 11 0= THE .'.IHSS. GENERA' LAIYS. C::6PTER F)5. -"'.D SHA':. 3E F: r L ;17 f' of � �ISS?SC �IIBEtS J '84 jul. -2Paarb of �ppeal '�F�lyiF£WY J DECISIOiVTON THE�PETITiOf1 OF ARTHUR VALASKATGIS FOR A SPECIAL PEIRMIT FOR 57 LORING AVE. , SALEM (R-1 ) A hearing on this petition was held on June 20, 1984 with the following Board Members present: Edward Luzinski, Acting Chairman, Mr. Strout, Associates Members Bencal and LaBrecque. 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 is requesting a Special Permit to extend a nonconforming use by allowing a convenient supermarket in this R-1 district. The Board of Appeal, after careful consideration of the evidence presented at the public hearing and after viewing plans submitted of the property and the proposed construction,makes the following findings of fact: 1 . Neighbors were in substantial opposition; 2. The Planning Board opposed the proposal because it does not conform to the City's Master Plan. 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 . The proposed use of the premises will be substantially more detrimental than the existing nonconforming use to the neighborhood; 2. The granting of the requested Special Permit will not promote the public health, safety, convenience and welfare of the City's inhabitants. Therefore, the zoning Board of Appeal, by a vote of three to one, voted against the granting of the petitioner's request for a Special Permit. SPECIAL PERMIT DENIED Peter Strout, Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK APPEAL MOM,, THIS DECISION. IF ANY. SHALL BE MADE PURSUANT TO SECTION 17 OF THE FQA.SS. G EG F.R4L A'::5. CiiAPTER 509, A?iD SH1:LL BE FILED S:ITHIN 20 DAYS AFTER THE DATE OF FI LIiiG Glig THE OFFiCE CF. THE CITY CLERK. LAF S. CIIAP"_n "cJ;. GCCTIOV I1, THE / "':11T _- .T- , : SHILL NC'i T?('_ EFFECT U^,. 4 COPY OF TI ... - . t '.CITY CLEP.: TP% _D.20 DAYS HAVE E!A^SED Ar:j .- �. I, .,SH A'9 APPEAL HAS 5CR1 FILE THAT IT HAS JEJ >. - R- I'i T:+E UT.H ESS ER RE'ISiRY OF CEEDS AND INDEXZ� ? J N u:' c LF In CtiiER C ILC:i:U OR IS RECORDED AiID NOTED ON THE O'WNER'S CERIIFIC::iE OF TITLE. BOARD OF APPVkL �? �lig of �3"aLm, ri pIIarb of Cflyprzd u _ `r 77n. / eh ,J. ,1 1 CI11 NOVEI•:BER 14, 1979 SALEM,YASS- DECISION ON THE PETITION OF AP=LTR VALASRATGIS CONCERNING PROPERTY LOCATED AT 57 LORING AVE\Z;F, IN AN R-1 DISTRICT. A hearing on this petition was held on November 14, 1979 with the following Board Members present: James Boulo�r, 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_ 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 West 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 used inside 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 o variance without derogating from the intent of the Salem that it could grant the vara n g g Zoning Ordinance. APPEAL FRO`l THIS DEC S:,"J. I' ANY. SH.I:L 5E 1.'ACE PCCSGAtlT TO $E^IO'i 11 OF THE 11ASS. GESERA! U:YS, CtI:�TE3 F3,. A57O SHV: 3E FILED :'::THI.'i 20 DAYS AFi;R THE C;TE OF FILING OF THIS 'DE !SlO:: IS THE THE CITY CLERK. SE'; !, % 1.1. THE 4A-' ..%CE OR S'E '..L P-P-MIT Ge....''.0 ._:�_.,.. .�.._. ... .,,.T!L A C... . Oi 'fHE -;:!'iii. . ..�kGi.: �3E CEP,T. /. CL » .I E . r/ OF F.EU.10 OR IS !:ECO:G:D A%: ...iEO Gt! Tft 0:!"ER'S CERTIFIC::.: OF TITLE. Doaglas�Hopper (/ `r- Acting Secretary BOARD GF AFPEAL VARIANCE GRANTED A pnnv nV T:''TC n7rTCT0" uA.0 LVry =TVn IJT• 7 mrrr n• n.n•r�.. �n...n w.m n•rrr TIT•.^- .+z r- .. o ` �T�P12T� C1 t 55t`It 1T ss-' ,'r t' _ . Pnarb of �ppvd 83 OCT 14 P 3 :0k: DECISION ON PETITION OF ARTHUR VALASKATGIS FOR ACITY CLQ VARIANCE FOR 57 LORING AVENUE-, SALEM SA_c A hearin4 on this petitioner was held September 21 , 1983 with the following Board Members present: James Hacker, Chairman; Messrs. , Charnas, Hopper, Luzinski, Piemonte and Associate Members Bencal and LaBrecque. Notice of said hearing was sent to abutters and others and notices of the hearing was properly - published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner requests a Variance to allow him .to construct an auto parts business in this R-1 district. 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; 'ons of the Zoning Ordinance would in- volve provisions substantial hardship, financial or otherwise, to the petitioner, and 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 purposes of the Ordinance. On the basis of the evidence presented at the hearing, and after viewing the plans, the Board of Appeal makes the followning findings of fact: 1 . The property is a large, undeveloped lot on the edge between a . residential and a commercial area; 2. These special conditions do not generally affect other lots in the area; 3. The property has been an empty dirt lot for about fifteen years, and has not been put to any constructive use for. at least that long; 4. The proposed use of the property would be permitted across the street under the present Zoning Ordinance; 5. The abutting property to the south (the Housing Authority) and the commercial nature of that portion of Loring Avenue makes it impractical to develop the property for residential use. 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 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; 2 Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioner; and DECISION ON PETITION OF ARTHUR VALASKATGIS FOR " A VARIANCE FOR 57 LORING AVENUE 3. Disirable relief nay be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purposes of the Ordinance. Therefore, the Board of Zoning Appeal voted unanimously to grantthe petitioner a Variance to construct a new auto parts business at. 57 Loring Avenue, as shown on a plan submitted to the Board, provided that: 1 . fThe premises be landscaped, including trees and shrubs; 2. There be a five (5) foot high solid wall or fence or compact evergreens on the side and rear lot lines; and 3. There be a green area between the sidewalk and the parking area in , the front. v - r- M o Scott E. Charnas, Acting Secretary M r� FO U APPEAL FF.D.",1 —,HiS DECISI0P7, I^ ANY, SHALL BE MADE PURSUANT TD SECTION 17 OF THE MASS. G&=ERAL LAYS. CHF?TEO EC;, AND SHALL BE FILED :!';!i Ly 20 DAYS ArTcR THE DATE 0: FILING Cr TIIS DEC!S'O li: THE OFFICE O'F THE CITY CLERK. - rLrar. Err 4 0 v3, SLL'..p;l 11 THE VARIANCE r> . ... yl FER'aiT .: .D A t S,.A!L I. -r c cr:cL7 UN il- A MD Y OF H - CI-r"'p: ._ FI rT C7 Or THE.pIiY Cc F T - , [. DAYS H.:7 `L ' E0 .'�W Nr, A/Pini: . GF �n;:?. !F SOGH AN APPEAL I..q) °_8, FILE. THAI II H7,ib Etl D!S.tISSED �� C" _ 1S C•.ECC3CED L! i!!E SO'IiH ECSEE REGI£"i RY OF r_EUS AbID IfrDEY,ED UNDER iii- t:;6: CORDEE Di OF RECORD OR IS RED APD HMO ON THE OtVNER'S CERTIFICATE OF n Ti--E- BOARD OF APPEAL - A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK fQTt�J of �$ttlem, Anssttchusetts R a t Poxrb of �1p}renl Sir 2S 3 oo PM •85 FILE September 17, 1985 CITY CLvaF b!(,Fq,MASS. Mrs. Josephine Fusco City Clerk City of Salem Dear Mrs. Fusco: For your records, the Petition of Arthur B. Freedman for a Variance for 57 Loring Ave. , which was scheduled for a Board of Appeal hearing September 11 , 1985, was withdrawn prior to the hearing, no official vote was taken. Sincerely, Brenda M. Sumrall Clerk C11 leg th salem freedman 02 1 , 1 e 09 04 85' N 1 - CITY OF SALEM �� 1 BOARD OF APPEAL 745=0215 Will hold a public hearing for all persons in- terested in the petition submitted by Arthur B. Freedman for a Variance to allow Veterinary Clinic at 57 Loring Ave.(R-1).Said hearing to be 1 held Wednesday, September 11, 1985 at 7:00 �'u (�f� f P.M., One Salem Green,2nd floor. C. :JAMES B. HACKER,Chairman � Aug. 28,.,Sept. 4, 1985 _ _• az- ,� � en C11 leg th salem freedman 62 1 e 09 04 95 CITY OF SALEM j BOARD OF APPEAL 745.0215 ' Will hold a public hearing for all persons in- terested in the petition submitted by Arthur B. ^ - Freedman for a Variance to allow Veterinary Clinic at 57 Loring Ave.(R-1).Said hearing to be held Wednesday, September 11, 1985 at 7:00 ;fj P.M., One Salem Green,2nd floor. JAMES B.HACKER, Chairman Aug. 28,Sept. 4, 1985 ARTHUR B. FREEDMAN, D.V.M. E3l.{:I:I,N N G C iy1=d':T 82 MILLETT ROAD SWAMPSCOTT, MASSACHUSETTS 01907 12 42 PM 15 RECEiVE9 CITY OF S,^,L'"N,MASS, September 11, 1985 City of Salem Board of Appeal One Salem Green Salem, MA 01970 Dear Sirs: The City of Salem Board of Appeal has scheduled a public hearing on September 11, 1985 in regard to a petition for a Veterinary Clinic at 57 Loring Avenue. I, as the petitioner, respectfully request that this petition for a variance be withdrawn without prejudice. Yours truly; g r,, J'I' at4 Arthur B. Freedman, D.V.M. L of �rlPm, �IS �Iru�P# ���.�5�' ane �ttlem Green September 10, 1985 Mr. James Hacker, Chairman - Board of Appeal One Salem Green , Salem, MA. 01970 Re: Petition of Arthur Freedman for a Variance to allow Veterinary Clinic at 57 Loring Avenue. (R-1) Dear Mr. Hacker: The Planning Board wishes to be recorded as opposed to the above—referenced petition. As you may recall, the Planning Board has been vigorously opposed to any commercial encroachment in this residential area. The Planning Board opposed initial construction of this commercial building in September, 1983, and further notified the Board of Appeal of their opposition to the granting of a Special Permit for a convenience supermarket in June, 1984. This Special Permit was denied by the Board of Appeal. It is the Planning Board' s belief that the granting of the variance for a Veterinary Clinic would have a detrimental effect upon the neighborhood similar to that which would be caused by previous proposed uses. Traffic in the area would be exacerbated, the proposed use is not in harmony with the City's Master Plan, and is not compatible with the surrounding neighborhood. We appreciate the opportunity to comment upon this petition. Sincerely yours, Walter B. Power, III Chairman U