57 LORING AVENUE - VALASKATIGIS, ARTHUR - ZBA (2) 57 Loring Ave. R-1
Arthur Valaskatigis
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NOVEMBER 14, 1979 SALEM,HASS.
DECISION ON TE 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 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 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
that it could grant the variance without derogating from the intent of the Salem
Zoning Ordinance.
APPEAL FROM THIS D-06IDY. I' A`;!. SF!','L SE LACE PCCSOABT TO SECTION 11 OF THE MASS.
GENERAL LA.:'S. C'!,K ? !F. diD S9AL 6; FILED ,:;TRI:'. 20 DA'iS AF;ER THE COTE DF FILING -
CF THIS DE:'!S!0;: G. THE C. LF THE CITY CLERK.
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Acting Secretary
BOARD OF APPEAL
VARIANCE GRrLNTED
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DECISION ON PETITION OF ARTHUR VALASKATGIS FOR A C' F
VARIANCE FOR 57 LORING AVENUE, SALEM CITY
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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
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;
b. literal enforcement of the provisions of the Zoning Ordinance would 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 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 a^ea;.
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
affectinc 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 shoran
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 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.
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Lu o Scott E. Charnas, Acting Secretary
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AP?EAC FROM THIS
. ; hD' I„10,1• IF ANY. SHALL 6E. MADE'PU9`SUANTCE c,AL AYS CIAiEF £CS, ATO TO SECTION 17 OF THE MASS.
OF L BE FILED 20 DAYS AFTER THE DATE OF FILING
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BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE
CITY CLERK
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September 20, 1983
Mr. James Hacker, Chairman
Board of Appeal
One Salem Green
Salem, MA . 01970
Dear Mr. Hacker:
The Planning Board has reviewed your upcoming agenda and wishes
to comment upon the following two petitions:
The Planning Board opposes the petition of Wendy Pruitt , Trustee
for Carpenter Realty Trust for a Special Permit to convert an
existing two-family dwelling into a three-family dwelling at
12 Carpenter Street on the basis of creating additional density
in an already congested area.
The Planning Board further opposes the petition of Arthur
Valaskatgis for a Variance to construct a new commercial business
at 57 Loring Avenue . This, as you know, is an R-1 area and
the Planning Board feels strongly that no sufficient hardship
could be shown to warrant further encroachment of a commercial
business into an R-1 district.
Thank you for the opportunity to comment on these petitions.
Sincerely yours,
Walter B . Power, III
Chairman 6
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