57 LORING AVENUE - VALASKATIGIS, ARTHUR - ZBA r
57 Loring Ave. (R-1 )
Arthur Valaskatgis _
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DALY. VALLIS, DRUCAS & PECK
ATTORNEYS AT LAW
ONE CHURCH STREET
SALEA'1, MASSACHUSETTS 01070
RICHARD E. DALY AREA CODE 617
GEORGE P. VALLIS 745-0500
CHRIS DRUCAS
ROBERT F. PECK. JR.
KEVIN T. DALY
July 23, 1984
TO: Members of the Zoning Board of Appeal of the City of Salem
RE: Notice of Complaint filed pursuant to M.G.L. Ch. 40A e 17
On July 20, 1984, Arthur Valaskatgis filed a Complaint appealing the decision
of the Zoning Board of Appeal entered July 2, 1984, regarding the application of
Arthur Valaskatgis.
Ve t my y urs
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G ORGE L
A torne for Arthur Valaskatgis
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DECISION 'ONTHE PETITYONLOF ARTHUR VALASKATGIS FOR A
SPECIAL PERMIT 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 4OA.
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 FROM THIS DECISION, IF ANY, SHALL BE LIADE PURSUANT TO SECTION 17 OF THE MASS.
GEfI F.RAL ,A!!S. CFIAPTER 509, AMD SHALL BE BLED C:ITHIN 20 DAYS AFTER THE DATE OF FI LING
[: t. I?i IN THE DEFACE GI' THE CITY CLERK.
F.'.. 7. CErERAL U,%73.3. C IFFT'R S37, SCC r;,N 11. THE VA Crr ^ IT - -
^PALL NOT T?;(E EFFECT 0ML A CCPY Or TI'. r.E.,. _.. _. . i _. ,T- .
r t CITY CUP" TI" 20 DAYS H'tJE ELAPSED AI , -
i4!? /'I APPEAL FPS -e IEN FILE. TPAT IT IiCS BE"
t i T!4E .LTH E$SE% RELISiR'! C° DEEDS AND IADT D o%_V 'H1 r:A .L L 1'r'- Cr!;IER
C .i, nJ OR IS RECORDED MID NOTED ON THE Oi7NERS C°RI.FICAIE Ui TITLE. -
6DARD OF APPEAL
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�J"8�nm R w Om 4tirra Grinn
June 12, 1984
Mr James Hacker, Chairman RE: Petition of Arthur Valaskatgis
Board of Appeal for a special permit to extend
One Salem Green a non-conforming use by allowing
Salem, MA 01970 a convenient supermarket at 57
Loring Avenue.
Dear Mr. Hacker:
The Planning Board wishes to oppose the petition of Arthur Valskatgis
for a special permit to extend a non-conforming use by allowing a convenient
supermarket at 57 Loring Avenue. The Planning Board was opposed to the
original approval at this location for an auto parts store in an R-1 zone
and feels that this further use, if approved would only extend that non-
conforming use in an area intended for single family homes.
The Planning Board specifically opposes the petition for the following
reasons:
1. Existing traffic flow on Loring Avenue in this area
is congested and a business use would further congest
that flow.
2. This petition involves property adjacent to Raymond Road
which is a traffic corridor for commuters traveling between
Marblehead and Salem. A business use in the area would fur-."
ther exasperate that traffic flow.
3. The allowance of this petition would further influence the
encroachment of businesses in an area intended for single
family dwellings.
4. There are existing convenient stores in the area which
adequately serve consumers in the area. These are located
at the intersection of Loring Avenue and Lafayette Street,
at the intersection of Jefferson Avenue and Loring Avenue,
and near the end of Jefferson Avenue by Canal Street,.
5. The Master Plan for the City (Section IV. Housing, Neighborhoods
and Community Appearance, page 15) specifically states that:
"The aesthetic quality of this entrance to the City should be
upgraded and an effort should be made to improve traffic
safety, especially at intersections." This petition would
not acheive that goal. The Master Plan also identifies this
Page Two
as part of the Forest River Area which is made up primarily
of single family dwellings (90.4%) .
Based on these facts it is the opinion of the Planning Board that the
petition of Mr. Valaskatgis be denied. If you have any questions regarding
this matter, City Planner Gerald Kavanaugh will be present at your June 13,
1984 meeting to respond to them.
Sincerely yours,
Walter Power, III
Chairman
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