262-272 HIGHLAND AVENUE - ZBA (002) 262-272 Highland Ave. B-2
- - - - - - - Tri-City Sales, Inc. *'
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NICHOLAS J. DECOULOS
ATTORNEY AT LAW
AREA CODE 617
240 ANDOVER STREET OFFICE 532-1020
AT WILLOWDALE LANE B05TON LINE 204.1200
PEABODY, MASS. 01960 RESIDENCE 532-0018
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LAW OFFICES
DECOULOS & SPITZER
248 ANDOVER STREET AT WILLOWDALE LANE
PEABODY, MASSACHUSETTS 01960
(617) 532-1020 -
NIOMOLAs J. DECOULOS
KARL G. SPITZER
JAMES N. DECOULOS
March 2, 1,983
Board of Appeals
City Of Salem
One Salem Green
Salem, MA 01970
APPEAL BY PERSONS AGGRIEVED BY REASON--OF THEIR INABILITY
TO OBTAIN ENFORCEMENT ACTION
An appeal is hereby made by George J. Zambouras and
Linda Zambouras to your Board because they are aggrieved
by the failure of the Building Inspector, Richard T. McIntosh,
to enforce the Zoning Ordinance of the City of Salem. Copies
of letters dated December 13, 1982 , Exhibit A, and December
15 , 1982 , Exhibit B, are attached hereto, expressly made a
part hereof and incorporated herein by reference. The Building
Inspector ' s response was not received by the parties requesting.
enforcement until February 25, 1983•
The violation of the Zoning Ordinance described in
Exhibits A and B is being made by Tri-City Sales , Inc. , ,272-
274 Highland Avenue , Salem, the owner of property immediately
abutting property owned by the, aggrieved parties . The Building
Inspector in his letter of December 15 ; 1982 , identified the
area as Lot 99 , City of Salem Assessor 's Map 8. A further
description is Lots 89 and 90 as shown on a plan numbered
11 , 802C drawn by Thomas A. Appleton, Civil Engineer, dated
May 5 , 1928 , and filed with the Land Registration Office
with Certificate of Title No. 7179• Tri-City Sales, Inc .
acquired that real estate by deed of Blue Star Diner , Inc.
dated March 7 , 1980 , and recorded with Essex South District
Registry of Deeds ; Book 6683, Page 775 and referred to in
said deed as Document No. 173790 and being parcels 1 and 2
described in said deed .
It is respectfully requested that a hearing be scheduled
by your Board in order that the parties involved may be
heard as to why there is a failure on the part of the Building
Inspector to enforce the Zoning Ordinance of the City of
Salem.
LAW OFFICES
DECOULOS & SPITZER
246 ANDOVER STREET AT WILLOWDALE LANE
PEABODY, MASSACHUSETTS 01960
16171 532-1020 -
NIOMO"s J. DECOUIOs
KARL G. SPITZER
JAMES N. DECOULOs
For the purpose of guiding you in conducting this hearing,
I refer you to Chapter 40A, Sections 7 and 8 and the case of
Carl A. Neuhaus , et al . v. Building Inspector of Marlborough,
et al . , 1981 Mass. App. Ct . Adv. Sh. , 161 .
George J. Zambouras and
Linda Zambouras
By Their Attor%n f,
*ICHOLAS DECOULOS
Hereunto Duly Authorized
Duplicate original :
City Clerk, City of Salem
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
cc : John R, Serafini , Esq.
Mr. ,George J. Zambouras
December 13, 1982
Building Inspector
City of Salem
1 Salem Green
Salem, MA 01970
.Dear Sir:
Please be advised that this office represents George
Zambouras and Linda Zambouras, who- are the owners of the
land and building -located and known as .lot no. 92, .
Marlbourough Road, Salem, Mass.. , and immediately abuts
property owned by Samuel Rome or Tri-City Sales, Inc . or
both of them.
_ On their behalf, I am calling your attention to the fact
— -' - that--the land adjacent to my clients ' land is located in
Res. A B-2 district and according to my clients, does not
have the benefit of a variance nor is it a non-conforming
use.
Accordingly and on their behalf, I am requesting that
you enforce the Zoning Ordinance of the City of Salem and
the violation of the Ordinance.
This request for cessation is being made to you in
accordance with Ch. 40A of the General Laws of Massachusetts.
_Very truly yours,
DECOULOS & SPITAER
r
Nichola J. Decoulos
NJD:mc,
cc:Gec)rge Zambouras
cc :Linda Zambouras
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MINUTES OF THE BOARD OF APPEAL - APRIL 20, 1983
A Public Hearing of the Salem Board of Appeal was held Wednesday, April 20, 1983
at 7:00 p.m. , on the 2nd floor, One Salem Green. Notice of said hearing having been
duly advertised in the Salem Evening News on April 6 and 13, 1983. Abutters and
other interested persons were notified by mail.
Present were: Mr. Hacker, Mr. Hopper, Mr. Charnas, Mr. LaBrecque, Mr. Piemonte,
Mr. Luzinski and Mr.: Bencal.
The hearing was called to order at 7:00 p.m. by the Chairman, Mr: James Hacker. Mr.
Charnas was appointed acting secretary. It was noted that although there are seven
members present, each case would be voted on by only five members.
Mr. Piemonted made a motion to accept the minutes of the February- l6th:and the March
16th meeting. Mr. Charms seconded. MINUTES UNANIMOUSLY ACCEPTED.
13 Lynn St. -- Grace Puleo
Petitioner is requesting Variances from density and all setback requirements to
divide parcel of land into Lots A & B. Mr. Charnas read the petition and letter from
the Fire Marshal (on file) .3.He .also read a letter from the Planning Board which
l � requested a Maintenance Easement be required by the Appeals Board. Miss Puleo
/ introduced Mr. Joseph Seracino who would be representing her. Mr. Seracino presented
a petition in favor signed by the neighbors. (on file) Mr. Seracino explained the
plans and said they had no objections to the granting of an easement to allow
maintenance, but explained that the property is going to stay in the family. Miss
Puleo said there was aluminum siding so there is very little maintenance necessary.
Said she was going to sell to her nephew. Mr. Piemonte asked how much of an easement
would be supplied, should the Board set a certain amount of feet for the easement. Mr.
Charnas said he felt it should be just a general statement rather that a set amount.
Mr. Luzinski asked if the easement-would be written into the deed. Mr. Seracini said
it was. Mr. Luzinski then asked if it is an the deed, do we have to spell it out.
Mr. Charnas again said he :thought a general statement would be enough, was concerned
about getting too specific. Mr. Seracini suggested saying reasonable access to lot
A. No one appeared in favor or in opposition, Hearing closed. Mr. Charnas made a
motion to grant the petition for' varianco to zero setback and density requirements on
Lots.A`& B on condition a maintenance easement be granted for reasonable access to
Lot A'not to exceed four feet. Mr. Labrecque seconded. VOTING TO GRANT: Mr. Hacker,
Mr. Labrecque, Mr.- Piemonte, Mr. Luzinski, Mr. Charnas. GRANTED
262-272 Highland Ave. - Tri-City Sales, Inc.
Petitioner is requesting an Administrative Ruling from tte Board to determine whether
a Variance is necessary to use a portion of the property in the rear of the premises
for parking, said portion being in an R-1 zone. Mr. Charnas read the petition and a
letter from the Fire Marshal (on file) . Petitioners were not present. Mr. McIntosh,
1 Zoning Enforcement Officer, explained to the assemblage that on Dec.nmber 13, 1982, he
received a complaint from Attorney Decoulos, representing George & Linda Zambouras, to
the effect that Tri-City Sales was using land located in an R-2 district for a use that
page cwo
262-272 Highland Ave. - Continued
is not allowed in that district. On December 15, 1982, a letter to David Cohen
of Tri-City Sales was sent informing him of the zoning violation and saying he must
cease and desist immediately. Said letter also informed him :_of the necessity of
making an application for a variance. Since writing the letter, Mr. McIntosh said,
he has driven by the site a number of times and at none of these times was there any
trucks parked there, so he has witnessed no zoning violation. On March 2, 1983 the
Board of Appeal received a communication from Attorney Decoulos which stated his client.
were aggrieved by the failure of the Building Inspector to enforce the zoning ordinance
On March 23, 1983, the Board of Appeal sent a letter to Mr. Decoulos informing him an
application was before the Board. Mr. Charms asked how long Tri-City has been using
this lot for parking. Mr. McIntosh said 5 years that he knows of, he again stated that
since he has sent them a letter, they have not used it as parking. Mr. Hacker said he
has gone by there and seen no trucks, all they are asking for is whether they need a
variance or not and he felt they did. Mr. Charnas said this petition was not properly
before the Board, unless the petition for variance is before us, we cannot act. Mr.
Piemonte asked if we are going to decide if they, need a variance. Mr. Charnas said
it is not up to us. Mr. Zambouras, 18 Marlborough Rd., asked to address the Board.
Mr. Hacker told him the Board was not going to act on a variance tonight. Mr. Decoulas
attorney for Mr. Zambouras, said he thought they had to make a decision tonight. He
complained he never received a copy of the letter sent to Mr. Cohen from the Zoning
Enforcement Officer, claimed they have raised elevation of toe property. Mr. Hacker
questioned whether we should respond to this application. Mr. Hopper and Mr. Piemonte
both agreed this was not properly before the Board and there is nothing to act on.
Att. Decoulas said it is a violation and they should have the Building Inspector do his
job. Mr. Piemonte said he did not think the Building Inspector-is at fault, that he
�- has done his job. Mr. Charnas made a motion to take no action on the petition as it
is not properly before the Board .and it is the roll of the petition to apply for a
variance. Mr. Hopper seconded. .VOTING TO TAKE NO ACTION: Mr. Hacker, Mr. Hopper,
Mr. LaBrecque, Mr. Piemonte, Mr. Charnas. NO ACTION TAKEN , •
217-219 Loring Ave. - Kenneth Provencher
Petitioner is requesting a Special.Permit and-Variance to divide parcel of land into
two lots, 16 & 18,to construct a single family dwelling on lot 18. Mr. Charms read
the petition a a letter from the Fire Marshal. f(on file) Attorney George Vallis
represented the petitioner. He explained to the Board that the petitioner wants to
divide the present 12,140 sq.ft. lot into two lots (16 & 18) . He submitted a letter
from Mr..-',Joseph Alen, a personal reference for Mr. Provencher; he also submitted a
petition signed by abutters, in favor. He then presented the Board with copies of
the deed., (on file) He passed out copies of the assessors map and indicated on said
map where there are many lots in that. neighborhood with less footage. He explained he
had originally submitted for a Special Permit but was told by the Building Inspector
that because of the existing garage on lot 18, a variance would also be needed. The
garage on lot 16 will be demolished. : An easement will be granted to the tenants of
the three family dwelling on lot 16 to allow them access to parking area in rear. The
petitioner presently lives in the three family and he will continue to own it. They
would have no objections to the restriction that he continue to own it. He said there
will be room for 5 cars in the rear, single family will use garage. No one appeared in
favor. Arthur Birmingham, 215 Loring Ave. , spoke in opposition. Concerned about the
water problem. Said the property was on sea level; and it would cause him to get a lot
of water in his basement. He was also concerned about cars driving in and out, he
1 thought they would be going past his house. Mr. Hacker should him on the plans where
/ the driveway will be between the 3 family and the proposed single family. Hearing
closed. Mr. Vallis said that if there is a water problem, this project will not add