MARCIA AVE, VINNIN STREET - BEAM, MAINE POST - ZBA Marcia Ave./Vinnie St. R-1
Maine Post & Beam _
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DECISION ON TaF PETITION OF MAINE, POST & BEAM FOR
VARIANCES FOR MARCIA. AVE./VINNIN STREET yy
A hearing on this petition was held April 16, 198i0,��Yak c2h£fhRNd!*ti1 April 30,
1986 with the following Board Members present: ymeLs Hacker, Chairman; Messrs. ,
Charnas, Bencal, Luzinski and Strout. Notice of+ e� hearing was sent to abutters
and others and notices of the hearing were proped,,�V publishedyin the Salem
Evening News in acccrdance with Massachusetts Generar Laws Cha' 40A.
Petitioner requests Variances from all applicable density requirements in order
to construct five (5 two (2) story wood frame structures for a total of
fourteen ( 14) dwelling units, all as shown on a plan dated April 29, 1986 and
filed with this Boarc. The premises, owned by Pond View Realty Trust, is in
an F;-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 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 purpose of the Ordinance.
The Board of Appeal, after hearing the evidence and viewing the plans presented at
the hearing, makes the following findings of fact:
1 . The premises contains a 3.1 acre pond, a varied topography,
and is unique in the district;
2. To build the single family, unconnected homes allowable in the
district, because of the pond and changes in elevation, would
make develc,�ment of the parcel extremely costly, and would be a
financial hardship to the petitioner;
3. The petitioner has done an excellent job of accommodating the
concerns and requests of the neighborhood.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board cf Appeal concludes as follows:
1 . Special conditions exist which affect the subject premises but which
do not generally affect the district; and which, in fact, are unique
to the district;
2. Literal enforcement of the Ordinance would work a substantial
financial hardship upon petitioner;
DECISION ON THE PETITION OF MAINE, POST & BEAM FOR
Vr.RIAI:CES FOR PIAFCIA AVE./VINNIN ST. , SALEM
page two
. .he rc ' f "EGliEcted can be gran tE 1th07 SUbStdntld'_ 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 petitioner
the requested Variances, provided that:
1 . All conditions set forth in the attached "Tedesco Pond Place
Agreement with Abutters" and "Tedesco Pond Place Covenant Granting
the Limited Access Privilege" are and continue to be met. (Said
documents are specifically incorporated by reference in this
decision) ;
2. The pitch of Elm Street drain toward Loring Avenue when all
construction associated with the petition is completed;
The site plan for this project be reviewed and approved ty the
Planning Board of the City of Salem;
4. The City is not required to maintain streets, walkways or sidewalks,
water and sewer systems within the subject development, nor be
responsible for drainage or filtration of the pond - all of these
things to be the responsibility of the condominium association
created in connection with the subject development;
�. The developer of such property obtain proper numbering from the
City Assessor, and compliance with the Salem City Ordinance relative
to the numbering of buildings be adhered to;
6. All Laws, Ordinances and Regulations of both the Commonwealth and
the City of Salem, pertaining to fire safety, are adhered to;
7. Plans for the buildings be presented to the Fire Prevention Bureau
indicating the type and location of automatic smoke detectors to be
installed, prior to the issuance fo a building permit.
`JARIA'iCES GRANTED
Scott E. Charnas, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FRO.'6 TMS DECISION. IF ANY. SPALL BE MACE PURSUANT TO SECTIO'; 17 OF THE %:SSS.
AD:D SH:'..i ES f:'_rD °CTHIC 2O DF,iS AFTER 'H' D!-17E G'r f LII;:
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OF RE03RO OR IS RECORDED AND NOTED Oji THE CERTIFICATE OF TITLE.
BOARD OF APPEAL
TEDESCO POND PLACE
AGREEMENT WTTP AE;7TFrc
IN R-COGNITION OF THE NEEDS AND CONCERNS OF ABUTTERS TO PROPER-Y
KNOWN AS -EDESCO POND PLACE IN SALEM, MA WHICH MAINE POST AND BEAM CO.-PANY
`
("mp&b) IPROPOSING TO DEVELOP IN CONJUNCTION WITH THE OWNER, MR. STUART
ABRAMS, rrp&b AGREES TO THE FOLLOWING REQUESTS OF T%FyAffTTFq;9 PH 106
1 , SEWERAGE TIE-IN: TO MAKE PROVISION FOR FJ1JfFfF TIE-IN TO THE
_-" SEWERAGE LINES BY ABUTTERS LIVING ON CHANDLER ROAD WHO DO
- PRESENTLY CONNECT TO A MUNICIPAL SEWEETh'IIIE 'BY,PRDVpkiw
LATERAL EXTENSIONS FROM THE SEWER LINE TO BE CONSTRUCTED ON
--=BSCO POND PLACE TO THE PROPERTY LINE OF EACH OF THESE ABUTTERS
r."CH WILL BE BLANKED OFF FOR THEIR LATER TIE-IN AT THEIR
C=SCRETION AND EXPENSE BUT ONLY AFTER NOTIFYING THE CITY OF THEIR
-ENDED ACTION. PRIOR TO AND DURING INSTALLATION OF THE SEWER
_:.:E mp&b WILL SEEK FROM EACH ABUTTER THE LOCATION ON THE
.JPERTY LINE FROM WHICH CONNECTIONS CAN BE MADE MOST EFFIC:-NTLY
mp&b WILL MAKE THE BEST EFFORT IN COOPERATION WITH THE
-.="ITTER TO BRING THE TIE-IN LATERAL TO THAT POINT.
TWITHSTANDING THE FOREGOING, mp&b SHALL NOT BE OBLIGATED TO
LOCATE THE SEWER LINE OR ANY LATERALS IN A PLACE OR MANNER WHICH
=S PREJUDICIAL TO THE BEST INTEREST OF THE OWNERS OF TEDESCO POND
PLACE.
2. SE4'ERAGE LINE MAINTENANCE AND OPERATIONAL FEE: EACH ABUTTER WHO
EXERCISES THE PRIVILEGE OF TIE-IN TO THE CITY SEWER SYSTEM THROUGH
THE PRIVATELY OWNED AND PRIVATELY MAINTAINED SEWER SYSTEM ON TEDESCO
POND SHALL BE RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH HIS SERVICE
INCLUDING THE COST OF MAINTAINING/REPLACING THE LATERAL ON THE
PROPERTY OF TEDESCO POND PLACE AND ANY COSTS THAT CAN BE DIRECTLY
ASCRIBED TO THE SERVICE PROVIDED TO HIM. TEDESCO POND PLACE
SHALL GRANT AN EASEMENT TO EACH ABUTTER WITH A LATERAL CONNECTION
in ICH PERMITS THE ABUTTER ACCESS TO REPAIR OR REPLACE HIS LATERAL:
HIS WORK SHALL BE UNDERTAKEN IN COOPERATION WITH THE TEDESCO
_f CND PLACE HOMEOWNERS ASSOCIATION TO MINIMIZE INCONVENIENCE TO THE
ALL EXPENSES OF THE WORK INCLUDING BUT NOT LIMITED :0
F.-STORATION OF THE PREMISES TO THEIR ORIGINAL CONDITION SHALT. BE
c7FNE BY THE ABUTTER.
2. -_L CONSTRUCTION WITHIN THE DEVELOPMENT SHALL BE CONDUCTED I:']
.�CORDANCE WITH THE FOLLOWING PROVISIONS: NO CONSTRUCTION SHALL
TAKE PLACE PRIOR TO 7:00 a.m. ON ANY WORK DAY, 8:00 a.m. ON
SATURDAYS, OR AT ANY TIME ON SUNDAYS, PROVIDED THAT NOTHING HEREIN
SHALL BE DEEMED TO RESTRICT INTERIOR WORK OR PROVIDED THAT IT IS
E?:TERIOR WORK WHICH DOES NOT CAUSE A DISTURBANCE. WORK SHALL
CEASE NO LATER THAT 6:00 p.m.
I
1
SHALL TAKE ALL ACTTONS N=SSARY DURING THE COiSTR'.iCT_D::
-ERIOD TO MINIMIZE INCO,.VENIENCES TO RESIDENTS IN THE i'TE
NEIGHBORHOOD. SAID INCONVENIENCES MAY RELATE TO NOISE, iIBRATION,
DIST, BLOCKING OF CITY ROADS OR THOSE CONCERNS DEEMED APPROPRIATE
�_Y THE APPROPRIATE DEPARTMENT HEADS OF THE CITY OF SALE AT THE
TIME OF OCCURRENCE. mp&b MUST ADVISE ABUTTERS OF WORK TO BE CONDUCTED
':EAR THEIR PREMISES AT LEAST TWENTY-FOUR HOURS PRIOR TO THE
COMMENCEMENT OF SUCH WORK.
.'i RECOGNITION OF THE CONCERNS EXPRESSED ABOUT THEPOSSIBILITY
A NUISANCE CAUSED FROM DUST CARRIED BY THE PREVAILING WIND
TOWARD THE DIRECT ABUTTERS ON CHANDLER ROAD, mp&b WILL MAKE A
SPECIAL EFFORT TO MINIMIZE DUST: IN THE EVENT THAT UNUSUAL
CIRCUMSTANCES CAUSE EXCESSIVE FOULING OF ABUTTERS SWIM[;ING POOLS
DURING THE MONTHS OF JULY AND AUGUST, mb&b WILL PROVIDE ASSISTANCE
:N CLEANING THE POOLS BUT NOT MORE FREQUENTLY THAN ONCE EACH WEEK:
.N THE EVENT THAT UNUSUAL CIRCUMSTANCES CAUSE EXCESSIVE FOU LI?v'G
_F ABUTTERS HOMES DURING THE MONTHS OF MAY THROUGH SEPTE?:BER,
-:o&b WILL PROVIDE ASSISTANCE IN CLEANING THEIR HOMES EUT NOT MORE
FREQUENTLY THAN ONCE EACH WEEK AND AT A COST NOT TO EXCEED $50.00
PER CLEANING.
6. ACCESS TO THE SITE SHALL ORDINARILY BE GAINED THROUGH THE ENTRY
OFF TEDESCO STREET: PETER ROAD AND THE ACCESS SPUR OFF CHANDLER
ROAD SHALL ONLY BE USED WHEN NO REASONABLE ALTERNATIVE EXISTS.
7. ALL CONSTRUCTION RELATED VEHICLES AND EQUIPMENT SHALL BE PARKED
ON THE SITE EXCEPT WHEN INVOLVED IN ACTIVITY ADJACENT TO THE SITE
OR WHEN NO REASONABLE ALTERNATIVE EXISTS.
8. mp&b WILL USE ITS BEST EFFORTS TO MINIMIZE THE EFFECTS OF EXCAVATION
AND REPLACEMENT ON THE EXISTING ROADWAY AND PROPERTY WHEN INSTALLING
THE NEW WATER MAINS ON PETER ROAD AND ON ELM STREET.
4/27/86
r
2
TEDESCO POND PLACE
COV:.NA:.T GRA6!ItiG THE LII,I.ED ACCESS PR�'';_..ECE
THIS DOCUMENT IDENTIFIES THE EXCLUSIVE CONDITIONS UNDER WHICH
PEyRRSO::S SHALL
HAVE ACCESS TO THE OPEN SPACE, THE POND, AND THE SAASSEEMED Q0A93 R TH�DAREATO
THE OPEN SPACE AND POND (ALL OF WHICH SHALL BE "
AND SHALL BE APPROPRIATELY MARKED ON THE SITE PLAN AND IN THE FIELD) Oil
PROPERTY CALLED TEDESCO POND PLACE AT VINNIN SOLFAM OMARCIA AVENUE I'; ESSEX
COUNTY, S__ .!5, PiASSACHUSETTS. THE OWNERS OF PROPERTY IN TEDEs-n PGI PLACE
SHALL FOE.. A HOMEOWNER'S ASSOCIATION ("THE ASSOffifI3N" ) 4.HICA 1HSA'LL B
RESPONSIB"E FOR OVERSEEING AND ADMINISTERING THE PROVISIONS OF THIS COVENANT.
1 . *.NY PERSON WHO IS A RESIDENT LIVING ON MAPLE AVE. , ELM AVE. , CHANDLER
HOAD, ELEANOR ROAD, LILLIAN TERRACE, LINDEN STREET, PETER ROAD, OR
e:ILFRED TERRACE STREET IN THE CITY OF SALEM SHALL ENJOY THE LIMITED
---CESS PRIVILEGE TO ENTER AND ENJOY THE AREA FOR THE ACTIVI:=ES AND
SUBJECT TO THE CONDITIONS DESCRIBED BELOW:
[. iALKING AND HIKING SHALL BE PERMITTED IN THE DAYLIGHT HOURS ON
ANY DAY EXCEPT SUNDAY AND THE HOLIDAYS LISTED BELOW:
3. rISHING SHALL BE PERMITTED IN THE DAYLIGHT HOURS ON ANY DAY
EXCEPT SUNDAY AND THE HOLIDAYS LISTED BELOW:
4. SKATING SHALL BE PERMITTED ON ANY DAY DURING THE DAYLIGHT HOURS
PROVIDED THAT THE ASSOCIATION DETERMINES THAT THE AREA IS SAFE
FOR SKATING AND POSTS A NOTICE TO THAT EFFECT:
5. HOLIDAYS ARE:
NEW YEARS, MARTIN LUTHER KING'S, LINCOLN'S, WASHINGTON'S,
GOOD FRIDAY, EASTER, MEMORIAL, INDEPENDENCE, LABOR, VETERAN'S,
THANKSGIVING, CHRISTMAS, HANUKKAH:
6. EASEMENTS FOR ACCESS TO THE AREA SHALL BE PROVIDED AS SHOWN ON
_HE ACCOMPANYING PLAN: THESE EASEMENTS SHALL BE CLEARLY DE'_INEATED
:ATHWAYS WHICH SHALL BE THE ONLY ACCESS USED.
7. SIGNS SHALL BE ERECTED AND MAINTAINED BY THE ASSOCIATION GIVING
SOTICE THAT TRESPASSING BY PERSONS, WHO ARE NOT A RESIDENT OF THE
CITY OF SALEM AS QUALIFIED ABOVE, IS NOT PERMITTED. ANY USE IS AT
THE USER'S RISK;
8. CONDUCT PREJUDICIAL TO THE QUIET ENJOYMENT OF THE AREA SHALL BE
CAUSE FOR CANCELLATION OF THESE PRIVILEGES: WHEN AN OFFICER OF
THE ASSOCIATION OBSERVES AN OFFENSIVE ACT, HE SHALL CAUSE THE
3FFENDER TO LEAVE THE AREA.
1
9 AN APPLICATION NJ ST BE P-ZE TO THE ASSOCIATION FOP A PASS: A.
PASS VALID FOR THREE YEAPS SHALL BE ISSUED AND SHALL BE RENEWED
ON REQUEST AS LONG AS THE INDIVIDUAL REMAINS A RESIDENT OF ONE
OF THE ABOVE NAMED STREETS AND IS NOT OTHERWISE DISQUALIFIED;
10. ANY IMMEDIATE RELATIVE OR INVITED GUEST OF A PERMITTED RESIDENT
QUALIFIED ABOVE SHALL BE ELIGIBLE TO RECIEVE A TEMPORARY PASS
WHICH SHALL BE VALID FOR A PERIOD OF TWO WEEKS FROM, THE DATE OF
ISSUE AND RENEWABLE ONE TIME WITHIN THREE MONTHS OF THE ORIGINAL
DATE OF ISSUE AFTER WHICH A NEW TEMPORARY PASS SHALL BE REQUIRED;
11 . ANY PERSON PASSING ON THE AREA SHALL SHOW HIS PASS IF REQUESTED
BY AN OFFICER IN THE ASSZIATION AND IMMEDIATELY LEAVE THE AREA
IF UNABLE TO SHOW A VALID PASS AND ASKED TO LEAVE;
12. AMENDMENTS AND CHANGES TO THESE CONDITIONS SHALL BE AS ACCEPTED
BY A MAJORITY VOTE OF ALL MEMBERS OF THE ASSOCIATION, SUBJECT TO
THE SUBSEQUENT REVIEW AN_ ACCEPTANCE BY A MAJORITY VOTE OF THE
PLANNING BOARD OF THE CITY OF SALEM
4/27/86
2
CITY OF SALEM, MASSACHUSETTS
PLANNING DEPARTMENT
„LO�VIL��
GERARD KAVANAUGH ONE SALEM GREEN
CITY PLANNER pp� 01970
5� ✓n (617)744-4580
o ,v
April 16, 1986
Mr. James Hacker, Chairman
Board of Appeal
One Salem Green
Salem, MA. 01970
Re: Petition of Maine Post & Beam for variances from any and all
applicable density regulations in order to construct 5 2—story wood
frame structures for a total of 14 dwelling units with attached
garages at Vinnin St./Marcia Ave. (R-1).
Dear Mr. Hacker:
Over the past several months, plans for the above—referenced
petition have undergone extensive review by the Planning Department, and
in response to such review, significant amendments and alterations to
the proposal have been made. With these changes in place, I wish to
express my support for the plans. The specific changes which have been
made to the proposal include the following:
1) The density of the proposal has been reduced from 24 units to
14;
2) Placement of the buildings has been planned to maximize the
views of the pond for existing neighbors;
3) The quality of the pond will be upgraded, so that it is an
asset to the neighborhood;
4) A large percentage of the land area will remain as permanent
open space;
5) Access and use of the upgraded pond will be provided to the
neighborhood;
These changes also reflect many of the concerns of neighborhood
residents who have been significantly involved in the planning and
design process with the developer.
In addition, it should be noted that this site, because of its
shape and topography, lends itself more positively to a cluster
development, as opposed to a conventional subdivision which would result
in more extensive negative impacts on the abutters.
Should this petition be approved by the Board of Appeal, the plan
will undergo further review by the Planning Board. Such criteria as
exterior building design, lighting, trash removal, snow removal, road
maintenance, and landscaping will be carefully evaluated by the Board
during the review process. Input will continue to be solicited from the
abutting residents.
— Page 2 —
I believe this project will be an asset to the surrounding
neighborhood and the City at large. Thank you for considering these
factors.
Sinc l'
erard K an ugh
City lanner
TEDESCO POND PLACE
COVENANT GRANTING THE LIMITED ACCESS PRIVILEGE'
THIS DOCUMENT IDENTIFIES THE PERSONS WHO SHALL HAVE ACCESS TO
THE OPEN SPACE, THE POND, AND THE EASEMENT AREA LEADING TO THE
OPEN SPACE AND POND (ALL OF WHICH SHALL BE REFERRED TO AS "THE
AREA" ) ON PROPERTY CALLED TEDESCO POND PLACE AT VINNIN
SOUARE/MARCI:A AVENUE IN ESSEX COUNTY, SALEM, MASSACHUSETTS.
THE OWNERS OF PROPERTY IN TEDESCO POND PLACE SHALL FORM A
HOMEOWNER' S ASSOCIATION ( "THE ASSOCIATION" ) WHICH SHALL BE
RESPONSIBLE FOR OVERSEEING AND "ADMINISTERING THE PROVISIONS OF
THIS COVENANT.
THE OWNERS OF PROPERTY IN TEDESCO FOND PLACE, THEIR
IMMEDIATE RELATIVES AND INVITED GUESTS SHALL HAVE UNLIMITED
ACCESS TO THE AREA AT ALL TIMES;
ANY PERSON WHO IS A RESIDENT OF THE CITY OF SALEM MEETING
THE CONDITIONS L..ISTED BELOW MAY OBTAIN A PASS AND BECOME A
"PERMITTED RESIDENT" WHO WIIL.L THEN BECOME ENTITLED TO ENTER AND
ENJOY THE AREA FOR, THE AC'I-IVITIES DESCRIBED BELOW:
1 . THE PERSON MUST BE A RESIDENT OF ONE OF THE FOLLOWING
STREETS AS THEY ARE SHOWN ON THE PLANS OF THE CITY OF SALEM AS OF
MARCH 1986: ELEANOR STREET, ELI`S STREET, CHANDLER ROAD, LILLIAN
TERRACE, LINDEN STREET, MAPLE STREET, PETER ROAD, WILFRED
TERRACE;
2. AN APPLICATION .MUST BE MADE TO THE ASSOCIATION FOR A
PASS; A PASS VALID FOR THREE YEARS SHALL BE ISSUED AND SHALL BE
RENEWED ON REQUEST AS LONG AS THE INDIVIDUAL REMAINS A RESIDENT
ON ONE OF THE ABOVE NAMED STREETS AND IS NOT OTHERWISE
DISQUALIFIED;
:3. ANY IMMEDIATE RELATIVE OR INVITED GUEST OF A PERMITTED
RESIDENT QUALIFIED ABOVE SHALL BE ELIGIBLE 1-0 RECEIVE A TEMPORARY
PASS WHICH SHALL BE VALID FOR A PERIOD OF TWO WEEKS FROM THE DATE
OF ISSUE AND RENEWABLE ONE TIME WITHIN THREE MONTHS OF THE
ORIGINAL DATE OF ISSUE AFTER WHICH A NEW TEMPORARY PASS SHALL BE
REQUIRED. DURING THE PERIOD IN WHICH IT IS VALID, A PERSON
HOLDING A TEMPORARY PASS SHALL ENJOY THE SAME PRIVILEGES AND BE
SUBJECT TO THE SAME CONDITIONS THAT PERTAIN TO A PERSON IN
POSSESSION OF A REGULAR PASS;
4. THE APPLICATION FOR A REGULAR OR TEMPORARY PASS SHALL
REQUIRE THAT THE RECIPIENT RECOGNIZES THAT IN RETURN FOR THE
PRIVILEGE OF USING THE AREA HE ACCEPTS ALL RESPONSIBILITY FOR ANY
BODILY HARM, DAMAGE OF LOSS WHICH MAY BE INFLICTED UPON HIM WHILE
ON THE AREA WHETHER RESULTING FROM HIS NEGLIGEWE 'OR ACTIONS OR
FROM THE NEGLIGENCE, ACTION OR FAILURE TO ACT ON THE PART OF ANY
1
OTHER PERSON OR PERSONS;
S. ANY PERSON PASSING UPON THE AREA SHALL SHOW HIS PASS IF
REQUESTED BY AN OFFICER IN THE ASSOCIATION AND IMMEDIATELY LEAVE
THE AREA IF UNABLE TO SHOW A VALID PASS AND ASKED TO LEAVE.
OWNERS OF PROPERTY IN TEDESCO POND PLACE, THEIR IMMEDIATE
RELATIVES AND INVITED GUESTS ARE EXEMPT FROM THIS REQUIREMENT BUT
MUST IDENTIFY ,'THEMSELVES AND THE RESPONSIBLE OWNER WHEN
REQUESTED.
6. CONDUCT PREJUDICIAL TO"THE QUIET ENJOYMENT OF THE AREA
SHALL BE CAUSE FOR CANCELLATION OF THE PRIVILEGES CONVEYED BY THE
ISSUANCE OF A PASS; WHEN TWO OR MORE OFFICERS OF THE ASSOCIATION
OBSERVE OFFENSIVE ACTS, THEY SHALL ASK THE OFFENDER TO VACATE THE
AREA AND REVOKE HIS PASS FOR ONE MONTH FOR THE FIRST OFFENSE, ONE
YEAR FOR THE SECOND OFFENSE. AND PERMANENTLY FOR THE THIRD
OFFENSE;
7. WALKING AND HIKING SHALL BE PERMITTED ON TUESDAYS, `
THURSDAYS AND SATURDAYS BETWEEN ONE HALF HOUR AFTER SUN LIP TO ONE
HALF HOUR BEFORE SUN DOWN BUT NOT ON THE HOLIDAYS LISTED BELOW;
S. FISHING SHALT_ BE PERMITTED ON TUESDAYS, THURSDAYS AND
SATURDAYS BETWEEN ONE HALF HOUR AFTER SUN UP TO ONE HALF HOUR
BEFORE SUN DOWN BLIT NOT ON THE. HOLIDAYS LISTED BELOW;
9. SKATING SHALL BE PERMITTED ON ANY DAY BETWEEN ONE HALF
HOUR AFTER SUN LIF AND ONE HALF HOUR BEFORE SUN DOWN PROVIDED THAT
THE CITY OF SALEM PARK: DEPARTMENT DETERMINES THAT THE AREA IS
SAFE FOR Sk:ATING AND POSTS A NOTICE TO THAT EFFECT,
10. HOLIDAYS ARE:
NEW YEARS, MARTIN LUTHER f:.ING' S, LINCOLN' S,
WASHINGTON' S, GOOD FRIDAY, EASTER, MEMORIAL, INDEPENDENCE, LABOR,
VETERAN'S, THANKSGIVING, CHRISTMAS, HANUKKAH; ,
11 . EASEMENTS FOR ACCESS TO THE AREA SHALL BE PROVIDED AS
INDICATED ON THE ACCOMPANYING PLAN; THESE EASEMENTS SHALL BE
CLEARLY DELINEATED PATHWAYS WHICH SHALL BE THE ONLY ACCESS USED
BY PERMITTED RESIDENTS;
12. SIGNS SHALL BE ERECTED AND MAINTAINED BY THE ASSOCIATION
GIVING NOTICE THAT TRESPASSING WITHOUT A PASS IS NOT PERMITTED,
AND THAT ANY USE IS AT THE USER'S RISK:; ;
1
t4
13. AMENDMENTS AND CHANGES TO THESE CONDITIONS SHALL BE AS
PROPOSED AIVD ACCEPTED BY A MAJORITY VOTE_ OF ALL. MEMBERS OF THE
ASSOCIATION, SUBJECT TO THE SUBSEQUENT REVIEW AND ACCEPTANCE BY A
MAJORITY VOTE OF THE PLANNING BOARD OF 'THE CITY OF SALEM.
3/14/86
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3 a ' Pottra of �Fveal
MINUTES OF THE BOARD OF APPEAL MEETING - APRIL 16, 1986
A meeting of the Salem Board of Appeal was held Wednesday, April 30, 1986 at
7:00 p.m. on the second floor of One Salem Green. Notices of the hearing were
duly published in the Salem Evening News on April 2, 9, 1986. Notice of the
hearing was sent to abutters and other interested persons.
Members present: Messrs. , Bencal, Charnas, Hacker, Luzinski and Strout
Meeting was called to order at 7:00 p.m. by the Chairman, James Hacker. Mr.
Bencal made a motion to accept the minutes of the February 26, 1986 hearing.
Mr. Charnas seconded. MINUTES UNANIMOUSLY ACCEPTED
73 Harbor St. Michael Marfonselli
Petitioner is requesting a Special Permit to allow the premises to be used as
a twenty room rooming house/inn in this R-3 district. Mr. Charnas read the
application, a statement of correlation and conclusions (on file) , a letter from
the Fire Department, no objection. Mr. Hacker: for the record, I own a business
in this area but it will not affect my decision. Attorney Kevin Daly represented
the petitioner. We are seeking a Special Permit for 15 rooms, not 20. My
client applied for 20 rooms, but did not ask for variance from parking. He does
1 not have adequate parking for 20 rooms. He does have for 15. They will rent
1 out fifteen rooms by the week, this building was originally licensed as a
lodging house, he submitted copy of license dated 1983. The license was not
renewed. There is parking for 15 cars. The owners are there all day, they
operatie a Sub Shop and lounge. A rooming house is in harmony with the neigh-
borhood, there are some in the area and they have no parking what so ever. This
would be a plus for the neighborhood. There is a housing shortage. Mr. Hacker;
will there be cooking facilities? Mr. Daly: no cooking at all in the rooms.
As I said, this was licensed for 20 rooms at one time, we are here for only
15 because we did not ask for variance from parking, the other five rooms will
be vacant. These will only be rented by responsible persons. Mr. Hacker: what
criteria do you use to determine a responsible person? Mr. Marfonselli we
would have a strict lease, require references, no visitors after 10:00 p.m.
Mr. Hacker: would this be an annual lease? Yes. No one appeared in favor or
in opposition. Hearing closed. Mr. Luzinski: are there enough bathrooms? Mr.
Hacker: I don't know, I think that would be a Health Dept. issue. Mr. Bencal:
perhaps Mr. Daly could tell us if the bathrooms were adequate. Attorney Daly:
I have no reason to think they are not up to code. Mr. Charnas: I question
whether this is an Inn or not, an Inn is allowed by Special Permit in this
district but I'm not sure this meets the specifications of an Inn. He quoted
the definition from the Zoning Ordinance. Mr. Hacker: my concern is the
parking, it is a very congested area. They should be allowed to use the upstairs
for something but I am concerned about this. Mr. Bencal: the fact is, it was
used as this before and they used 20 rooms, now they only want 15 rooms and there
is parking for that. Mr. Charnas: there is a great demand in the City for
housing of this nature and it would be good for the City. Mr. Hacker: what is
the rent going to be? Mr. Marfonselli: about $75.00 a week. Mr. Hacker: I
thought there was going to be a yearly lease. Mr. Daly: I think my client was
confused, there will be rental agreement but it will be on a weekly basis. Mr.
Charnas: this changes my thoughts a litte. Mr. Hacker: the problem I have
is the owner says a years lease and his counsel says weekly. Also, we are
MINUTES - APRIL 16, 1986
page two
73 Harbor St. - continued
leaving five rooms vacant. Attorney Daly: if business is good we may be back
for those rooms. Mr. Charnas: I was more enthusiastic when 1 thought it was
going to be yearly rental. Even though the nature of the business may be
catering to transients there is a need in the City and this may be on the
borderline. All in all I would be in favor. The overriding need is to create
housing. Mr. Luzinski: is this in the category of an Inn. Mr. Charnas: yes,
I think it could be. Mr. Luzinski: then I would be in favor. Mr. Hacker: we
should make sure the 15 spaces are maintained for the tenants. Mr. Charnas made
a motion to grant the petition for a Special Permit on condition: a Certificate
of Inspection be obtained, 15 parking spaces by provided on site specifically
for the tenants, no cooking facilities and no cooking in the rooms, a Certificate
of Occupancy for the entire building be obtained, all applicable state and
local fire codes be adhered to and it be limited to one person per room. Mr.
Bencal seconded. The Board, by a vote of four to one (Mr. Hacker voted present)
granted the Special Permit.
GRANTED
12 Willow Ave. - Raymond E. Emery
The petition for a Special Permit to convert a two family to a three family in
this R-1 district was continued from the March 19, 1986 hearing. Mr. Vallis,
Attorney for the petitioner requested leave to withdraw. Mr. Bencal made a
motion to grant petitioner Leave to Withdraw Without Prejudice. Mr. Charnas
seconded.
UNANIMOUSLY GRANTED LEAVE TO WITHDRAW
4A Buffum St. - Henry Bernson
Petitioner is requesting a Special Permit to extend nonconforming rear and
side setbacks in order to construct an addition in this (I) Industrial district.
Mr. Charnas read the application and a letter from the Assessors pertaining to
the address, the Assessors stated the correct address is 4A Buffum St. , not
Buffum St. Ext. He also read a letter from the Fire Dept. , no objection.
Mr. Richard Ploss, brother-in-law of the petitioner, represented the petitioner.
Mr. Hacker asked him to explain what Mr. Bernson wanted to do. Mr. Ploss: I
thought you knew all about it, Henry was here before and you have all the plans.
Mr. Hacker: this is a new hearing, we have to treat it as a new hearing, what
happened before has no bearing on this petition. If you could explain the
plans to us. Mr. Ploss, he wants to put an addition. I don' t know what else
to tell you, I thought everything was all set, that you knew all about it. Mr.
Hacker: I'm a little uncomfortable about this, we had a hearing last month on
this application and there was some question about the address and now this
gentleman, through no fault of his own, is not prepared to present this petition.
I feel he should be given the opportunity to withdraw the petition. He explained
to Mr. Ploss that when you represent someone before the Board you are expected
to be familiar with the plans and be able to answer questions from the Board.
I feel it would be in Mr. Bernson's best interest if you were to withdraw this
petition and have him come back to the Board at a later date. Mr. Ploss asked
to withdraw. Mr. Charnas made a motion to grant leave to withdraw without
prejudice. Mr. Strout seconded.
UNANIMOUSLY GRANTED LEAVE TO WITHDRAW
MINUTES - APRIL 16, 1986
page three
3 Irving St.- David Haight
Petitioner is requesting a Variance from front yard setback in order to install
an above ground pool in this R-1 district. Mr. Charnas read the application
and a letter from the Fire Dept. , stating the property is not in compliance
with laws relative to the installation of smoke detectors. Mr. Haight represented
himself. He displayed plans of the property, showing the location of the
proposed pool. No matter where we put the pool we would still need a variance.
I we put it as shown on the plans we would lose less of our yard. There is a
fence around property. Speaking in favor: Russell Thatcher, 12 Grove St. , Mr.
Haight has made many improvements to the property. No one appeared in opposition.
Hearing closed. Mr. Bencal: where do you park? Mr. Haight: I have a garage
across the street. Mr. Charnas: the only reason he needs a variance is for the
front, if it encroached on the side or rear it would only need a Special Permit.
I have a problem with hardship. The Board went over the plans with the petitioner
showing him how he could relocate the pool so he would not need a variance. Mr.
Charnas: I have no problem with letting him have his pool, just don' t see any
hardship. Mr. Haight agreed to move the pool back to the 15 feet required. Mr.
Charnas: should we have him come back with another plan? Mr. Hacker: I don' t
think we need to have him come back, he will have to show updated plan when he
gets his building permit. Mr. Hacker explained to the petitioner that he must
go to the Fire Prevention Bureau and have a Certificate of Compliance issued for
his smoke detectors. Mr. Charnas made a motion to grant a Special Permit to
allow a pool approximately 12' x 18' on condition pool be no closer than 15 feet
from the front property line on Irving St. and a Certificate of Compliance be
obtained. Mr. Luzinski seconded.
UNANIMOUSLY GRANTED
289 Essex St. - Elaine Finbury
Petitioner is requesting variances from density and parking requirements in
order to convert property into forty one (41 ) dwelling units in this B-5 district.
Mr. Charnas read the application, letters in favor from Senator Berry, Effie
MacDonald, Health Food Store located in the YMCA Building; Harriet Soiref, Director
of Dance Class, 302 Essex St. ; Richard Daly, Parking Dept. Board; Peter Zaharis,
Essex Camera Shop. He also read a letter from the Salem Fire Prevention Bureau,
no objection. Mr. Bencal: for the record, I am a member of the YMCA located
across the street from this property, this will not affect my decision. Attorney
Kenneth Lindauer, 14 Lynde St. , Salem represented the petitioner. The major
concern of this Board and the citizens of Salem is parking. He displayed plans
to the Board and the assemblage, he also displayed renderings and a plan of the
ajacent parking lot. This lot has nothing to do with this project. Because of
the financing, ten units will be rented to low or moderate income persons. These
will not be condominiums, strictly rental units. -The first level will be parking
lot, 30 spaces. We have tried to meet the requirements of the Ordinance, the
project originally was going to be two levels of parking. Could not get funding
for that. We went through UDAG and there was insufficient funds to allow the
two levels. There is a deadline coming up for financing now. We have met with
the parking commission to acquire 32 parking spaces in the City parking, either
the garage or the plaza. We were told we could purchase cards for parking but
not spaces would be designated. There is no way to build this economically
l with the two level parking, it would not be feasible.
MINUTES - APRIL 16, 1986
page four
289 - 293 Essex St. - continued
Miss Finbury was part of the theater group and tried to revise it, a good deal of
money was put into it and for a while it was running a a profit. When the Sack
theaters came to Salem this stopped. They tried live concerts, had some successes
but all in all it ran at a loss and the theater was closed. There is no possibility
of it re-opening, a theater of this type is a thing of the past. What we are
proposing is the only appropriate use for this building. It is zoned B-5, the
use is allowed. We have heard concerns about the adjacent parking lot. We would
need an easement, right of way and by redesigning this lot the City could increase
the number of spaces. Right now there are 41 spaces, as you can see, with this
design (he referred to the plan of the parking lot) there could be 43 spaces.
There is additional parking in the area such as the parking lot behind Bowmans.
Most of the tenants would not be home during the day and should not cause any
problems for the businesses in the area. Mr. Strout: The plan you are display,
is it a revised plan? It is different from the plans we have: Mr. Lindaur:
since we submitted the plans to the Board the plans have been revised. Mr. Charnas:
you should officially withdraw these plans and submit the new plans. Mr. Lindaur:
I will withdraw the plans previously submitted and submitted these revised plans.
He again referred to the plan of the adjacent parking lot, the entrance to the
building will be from Crombie St. Mr. Charnas: you said in the petition it would
not be feasible to have less than 41 units, could you explain that? Mr. Lindaur:
financially, if we don' t have the income, we would not do what we want to do, just
for example, the uilding will need an elevator, this is very expensive. The
street level vieAill not look like a garage, tenants will enter and the garage
will slope down, there will be an elevator from the garage. It is basically a
structured garage, will cost between 6 & 9 thousand per space. We recently gofan
easment from Crombie St. , there will be 30 spaces. Mr. Bencal: at the present
time, that adjacent lot is closed till 9:30 in the morning, do you have any
evidence that it will be opened. Mr. Lindaur: there will be a gate, we will
maintain that gate, so I don' t think there will be a problem. Speaking in favor:
Dick Pabich, 5-7 Summer St. , our property looks at the rear of the theater. This
is the best thing that could happen to this property. The parking is a problem
but it is the city's problem. Michael Walsh, no address, in favor, the parking
can be worked out, I don't think every will own a car. Frank Montessi, 15
Crombie St. , it is good to be here in favor for a change. Will be good for the
area. Mr. Kavanaugh, City Planner: I have been working with the developer for
months now. We have impressed the need to keep or improve the parking lot. This
will be compatible with the architecture, I feel very strongly the developers
have done what we have asked. The architectural firm is one of the best. The
builder is a quality builder. Mr. Hacker: how do we address the right of way if
the parking lot remains closed? Mr. Kavanaugh: a card gate system. Mr. Hacker:
are theyt going to change the design of the parking lot? Mr. Kavanaugh: we are
negotiating for funds, I think they are regarded favorably. Councillor Gauthier:
these people have put a lot of time into this. We have a housing shortage in
Salem and they are providing ten low income units. I am in favor. David Doyle,
YMCA, the Board of the YMCA was split, they voted that they would not opposed this.
Mr. Hacker: are you in favor? Mr. Doyle: just an opinion. Speaking in opposition.
Steve Tompkins, 281 Essex St. , not in favor or in opposition, I have a couple of
questions. The design of the building is certainly a betterment to the city, I am
concerned about parking and about the lot being closed. He was shown on the
map the redesign 'of the lot and told about the card gate system. Hearing closed.
` J Mr. Hacker: they have not asked for variance from height. Mr. Charnas: that is
inclusive with the density. I would like to see the card system. Don' t want'
MINUTES - APRIL 16, 1986
page five
289 - 293 Essex St. - Continued
to see them taking away from the merchants. Would like it conditioned on the
approval of the City Planner and make sure the 30 spaces are provided and designated
and that the 10 apartments will be low and moderate income apartments. I am
impressed with the efforts made by the petitioner to use the property as a theater.
As that is not a viable use, I think this is the best and I am very much in favor.
Mr. Charnas made a motion to grant the variances requested on condition the City
give right of way as shown on the plans submitted to the Board, access to garage
be approved by the City Planner, thirty parking spaces as defined by Ordinance
be maintained on site, percentage of low income units as proposed in the petition
be always maintained, all conditions set forth in the communication from the Fire
Prevention Bureau be adhered to (on file) , a Certificate of Occupancy for each
unit be obtained. Mr. Luzinski seconded.
UNANIMOUSLY GRANTED
63 Proctor St. - B & M Realty
Petitioner is requesting Variances from use, area, density and setbacks in order
to construct six 2-bedroom condominium units in this R-2 district. Mr. Charnas
read the application, a Council Order dated September 10, 1981 which stated that
no building permits be issued for the area of Proctor/Pope St. for any new
residential construction until the flooding conditions on Pope St. are solved. He
also read the Board of Appeal decision dated August 21 , 1985 denying a petition
to Robert Maguire to construct six 2-bedroom units and a letter from the Fire
Dept. , no objection. Robert Gauthier, B & M Realty, represented himself. I was on
the Board of Appeal at the time the previous petition was denied. Mr. Hacker:
before we continue we should decide if there is a substantial change. Mr. Charnas;
what are the differences? Mr. Hacker: the difference now is the last petition
gave us not setbacks, we had nothing to go by. It is my opinion that this plan
is a defined plan and it is substantially different. Mr. Charnas: I agree and I
make a motion to re-hear the petition. Mr. Luzinski seconded.
UNANIMOUSLY VOTED TO RE-HEAR
Mr. Gauthier: at this time I would like to ask Councillor Grace to explain the
Council Order to the Board. Councillor Grace: I was the author of this Council
Order. At one time a developer wanted to put ten houses up in the rear of this
land. There was a factory there, would have created a serious drainage problem.
Was not a good project, the Council couldn't say it was that particular developer,
the Council did not want that particular area built on. Mr. Hacker; are you
saying the Council Order excludes this property? Councillor Grace: yes. The
land the Order referred to is all ledge. While I am hear I would like to say a
few words about the quality of work Mr. Gauthier does, I mean this sincerely, not
saying this because he is a brother Councillor. I live on Irving St. , one of
his projects, displayed pictures of her home, I have noting but good to say about
it, I am very proud of it. It was an old factory. I am hear to speak on behalf
of Mr. Gauthier and to explain the Council Order was not intended to include the
land Mr. Gauthier wants to develop and I hope the Board will look favorably on this
petition. Mr. Hacker: I think that explains the Council Order. Mr. Gauthier:
displayed pictures of the property, the hardship is the land, there is a lot of
ledge. Speaking in favor: Bob Bouchard, 110 Jefferson Ave. , I am very familiar
with this building. It is a disgrace and something should be done with it.
MINUTES - APRIL 16, 1986
page six
63 Proctor St. - Continued
Gerard Kavanaugh, City Planner, very much in favor. Robert Maguire, 81 Fort Ave. ,
I think Mr. Gauthier will do a good job. No one appeared in opposition, hearing
Closed. Mr. Charnas: seems like a good use for the property, I have no problem
with the hardship and I would be in favor. Mr. Charnas made a motion to grant
the Variances requested on condition a Certificate of Occupancy be obtained for
each unit and the developer comply with all conditions set forth in the communicatic
from Fire Dept. (on file) . Mr. Strout seconded.
UNANIMOUSLY GRANTED
220 Highland Ave. - Sunburst Fruit Juices Inc.
Petitioner is requesting a Special Permit to allow second story addition in this
B-2 district. Mr. Charnas read the application and a letter from the Fire Dept. ,
no objection and a letter from Councillor O'Leary in favor. Attorney John Serafini
Jr. , represented the petitioner. I noticed when listening to Mr. Charnas read the
application that what he read is different from what we meant to ask for. We are
also asking for an addition to the building, not just the second story. Mr. Charnas
we could hear the petition for just what was asked for and what was advertised and
you could come back for the other addition but I don't think we should hear the
second part. Mr. Hacker: I don't think we should hear it either, people may not
be in opposition to the second story but they may oppose the addition, looking at
the plans you have there you are almost doubling the size of the building. Mr.
Serafini: I would request leave to withdraw without prejudice. , Mr. Charnas made
a motion to allow petition to be withdrawn without prejudice. Mr. Luzinski
seconded.
/ UNANIMOUSLY GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE.
Marcia Avenue/Vinnin St. - Maine, Post & Beam
Petitioner is requesting variances from any and all applicable density regulations
in order to construct five 2-story wood frame structurs for a total of 14 dwelling
units with attached garages in this R-1 district. Mr. Charnas read the application
and a letter from the Fire Dept. , no objection. Attorney John Serafini Sr. ,
represented the petitioner. They came in some years ago with a petition and that
was withdrawn. The applicant then applied to the Planning Board for cluster
development, for some reason the granting of the cluster was not valid according
to the court. The people at Maine, Post & Beam looked at this again and worked
with the neighborhood to see what their concerns were. My clients are quality
builders and do quality work. When I first became involved, I was impressed with
the number of hours they worked on this development. The pond is about three
acres, it has been used for fishing and skating. It was the pond that attracted
them to the site, they have come up with a plan that preserves the pond and pre-
serves the open space and public access to the pond. They held meetings with
the neighbors from last October to the present. The result of that is a plan that
meets with the approval of the people in the area. You will have 14 units that
will be attached and 60% is left as open space. After the Board of Appeal there
is a Site Plan Review, we will also go to the Conservation Commission. We will
make an agreement with the people who presently have septic systems to have them
tie into our system. They will have use of the pond. The plan is sensitive to
that area, we will utilize nature and enhance it. The alternative it to have
single family homes, there is enough room for about eleven homes. If this is
done the access to the pond would be cut off. We don't think that is the best
use of this area. This is a very innovated project. Mr. Carl Gardner: I work
MINUTES - APRIL 16, 1986
page seven
Marcia Avenue/Vinnin St. - continued
for Maine Post & Beam and have been involved with this property since 1983. Many
of the original ideas are still incorporated in this plan. There will be an 8"
water main up to Elm St. Where there are 4" mains that will be replaces with
8" then go to 611. Mr. Gardner then made a presentation regarding the very technica-
aspects of the development. There will be a key lock between Mr. Gauthiers and
Mr. Cummings land for the Fire Dept. The property will be landscaped and we are
willing to work with the abutters regarding the landscaping. We will be cutting
very few trees. He displayed pictures of the property. Regarding the drainage,
will be trap inclosed system, series of catch basins and dry wells. There is very
coarse gravel material which allows us to do this. The property would be owned in
common ownership by the 14 condominium owners. Entrance will be along Tedesco
and Vinnin. Mr. Charnas: what is the hardship? Mr. Serafini: the actual site
varies as far as elevation. The site is not easy to develop, it is very unique
parcel. Speaking in favor. Paul Benoit, 10 Peter Road, this will improve the
area greatly, it is better that individual homes. Donald Raymond, 26 Chandler Rd. ,
Gerard Kavanaugh, City Planner, This has been before the Planning Board, I have
worked with the developers and this could be an asset to the City. The developer
has been cooperative and willing to work with us and the neighbors. Ray Gauthier,
Chandler Rd. initially I was against this, since then I have worked with the
developer and are willing to continue to work with them, we have a list here,
an agreement with the abutters, copy submitted, as long as these are met, I am
in favor. Councillor John Nutting: would like to congratulate Maine Post & Beam
for working with the neighbors, there was a court case, zoning change, the
_ neighbors have literally redesigned this project. The alternative is single family
homes and losing the pond. I am glad to see it worked out. Mrs. Gauthier: 24
Chandler Road. Speaking in opposition: Marie Darns, 20 Elm Ave. , this plan is
a redesign of the plan that was presented to us. We have the southern exposure,
while they have made allowances for open space some of our view is cut off. I
have a problem with 14 units in that area. It is a very unique parcel of land
and we use. We do use the pond. I have questions about the covenant they left
at our house, it states that abutters may fish on Tuesday, Thursday and Saturdays
between i hour after sun up and I hour before sundown but not on holidays,
skating the same provided the Park Dept. determines the area safe, they call this
unlimited use, it is restricted use. Mr. Hacker: to you knowlege have the rest
of the neighbors approved of this? Ms. Darnas: I don' t know. Mr. Hacker asked
Mr. Gauthier if the neighbors are in favor. Mr. Gauthier: most of them are.
Ms. Darns: at the last meetin when we came up with this agreement they said it
was negotiable, that it was not cast in stone. Mr. Hacker: in your opinion, do
you think you view will be wors than what is there now, he showed her the pictures
of the property. Ms. Darns: that is not what I see from my house. I don't
want to look out and see someone else's roof. Mr. Charnas: are you aware that
if we deny this they could put single family homes there and they can build to
a height of 35 feet, they could obstruct your view even worse. Ms. Darnas: yes,
I realize that, I guess what I am looking for is more concessions, I have a
problem with the design the way it is now. Mr. Hacker: If in fact this is not
granted they could come in with 15 single family homes and they could in fact go
up as high as 35 feet. Mr. Edward Darns, 20 Elm Ave. , I am concerned with the
sewerage, Elm has been paved so there is a pitch going towards Loring Ave. , and
I have a problem with water now. Attorney Serafini: regarding the connection,
J we will tend to the pitch when we re-pave so that it will not be towards the
MINUTES - APRIL 16, 1986
page eight
Marcia Avenue/Vinnin St. - Continued
area you are concerned with. This will all have to be approved by the City
Engineer, he will make sure that nothing we do will cause additional problems for
your. This is just the first step, we could have conditons put on the decision
and they will become part of the record we are willingto
work these conditions
out so that people will be satisfied. As of right now there are no rights to the
pond, the neighbors use it because no one is there, but they have not rights. We
are giving them permanent rights to use it. Mr. Hacker: can we restrict use to
some Salem residents and not all. Mr. Charnas: I don' t think we can make that
a condition. Mr. Hacker: I would like to take a look at this and would like to
look at Mr. & Mrs. Darna's house. I still have questions and would like to have
this continued until the next hearing to allow us to make a site inspection. The
next hearing would be closed. Mr. Charnas: I am not opposed to having a look at
the site and continuing this, I do have a problem with hardship. I would suggest
however, that we schedule this continuance for 6:30 p.m. , April 30th as we have
such a full agenda. Mr. Hacker: I have no problem with that. Mr. Hacker explainE
to the assemblage that the hearing would be continued until 6:30 p.m. , April
30th to allow the Board to view the site. The hearing is closed and no testimony
will be taken. Mr. Charnas made a motion to continue this petition until
April 30 1986. Mr. Luzinski seconded.
UNANIMOUSLY CONTINUED UNTIL APRIL 30, 1986 at 6:30 p.m.
Hearing was adjourned at 10:30 p.m. , next scheduled hearing to be held
Wednesday, April 30, 1986 at 6:30 p.m. , second floor, One Salem Green.
>
Respectfully
�'ssuubmitted,
, A
Brenda M. Sumrall
Clerk
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