10 JEFFERSON AVENUE - DEFRANCESCO, SANTO - ZBA 10 Jefferson Aver
Santo DeFrancesco R-2
,
Ctu of "'5ttlem, C�9Hassadjusetly 21 2 PM '88
PD8tb of API11 CITY CLERK.SALEM.MASS.
AMENDED DECISION ON THE PETITION OF MOFFAT REALTY TRUST, SANTO J.
DEFRANCESCO, TRUSTEE, FOR A VARIANCE AT 10 JEFFERSON AVENUE (R-2)
A hearing on this petition was held March 30, 1988 with the following Board
Members present: James Hacker, Chairman; Messrs. , Bencal, Fleming, Luzinski and
Strout. 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.
The petitioner, represented by Attorney Phillip T. Durkin, is requesting a
Variance to allow service type uses on the second level of the property at 10
Jefferson Avenue. The property is currently utilized as a small shopping plaza
by virtue of the grant of a previous Special Permit by Board of Appeal. The
property is located in an R-2 zone.
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;
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 careful consideration of the evidence presented at the
hearing and after viewing the plans, makes the following findings of fact:
1 . The petitioner has operated the shopping plaza since 1979 with
minimal impact of the abutting residential zone;
2. The petitioner has complied with most of the twelve (12) restrictions
contained in the 1979 Special Permit, and will immediately comply
with the remainder of those restrictions;
3. The concerns of the neighbors present at the hearing will be addressed
by the petitioner.
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 exist which especially affect the subject
property but not the district generally;
2. Literal enforcement of the provisions of the Ordinance would involve
substantial hardship on the petitioner;
T
•J AMENDED DECISION ON THE PETITION OF MOFFAT REALTY TRUST, SANTO J. DEFRANCESCO,
TRUSTEE, FOR A VARIANCE AT 10 JEFFERSON AVENUE, SALEM
page two
3. The relief requested can 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.
Therefore, the Zoning Board of Appeal voted 4-1 , Mr. Bencal opposed, to grant the
Variance requested, subject to the following conditions:
1 . All the twelve ( 12) restrictions contained in the Special Permit of June
15, 1979 remain in full affect and be complied with immediately;
2. Dumpsters to be located as per plans submitted and revised and shall be
enclosed with a masonry structure forthwith;
3. The compressor at the rear of the building shall be vented entirely
towards the Winthrop Street side of the property;
4. Petitioner shall obtain a building permit for any new work done at
the property;
5• All construction/alteration must comply with the Massachusetts Building
Code and the requirements of the Salem Fire Department.
The Board of Appeal, at its meeting of April 20, 1988, voted unanimously, 4-0,
to amend the above decision for the purpose of an administrative correction and
clarification, as follows:
DELETE: 3. The compressor at the rear of the building shall be vented
entirely towards the Winthrop Street side of the property.
ADD: 3. Petitioner is granted variances to allow all B-1 uses for the
second level as defined in Section V (4) of the Salem Zoning
Ordinance, with the exception of:
4e. stores selling liquor, beer, and wine for consumption off
the premises.
4s. restaurants and other eating places which do not serve
alcoholic beverages consumed on the premises ; and including
drive-in snack shops.
aures M. Fleming, Vice Cha' man
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 MADE PURSUANT TO SECTION.I OF..THE Mf:^Fc
GENERAL LA:4S. CHAPTEP. 538. AND SHALL BE FILED WITHIN 2U DAY$'AFTER TH DATE OF FILJN(r,
OF`'�. 'S DECIS'D':
IN ThE OFFICE OF THE CITY CLERK. " "
CHAPTGR$.,9. 5ECTI�:N'11 THE VARIA^JCE.OR SPECIAL PER§Ilj;
L . lii° Er L Si ALL f ." -.E Er'-Ki UETIL A COPY CF THE^EtIS! 'I B ARi'.: THE C'cRT-
,PCd'. 'DA)S HAVE g0SED J ND AP'cAL H1S GEP� FdED.
.:R'H IF S PPE;' Y..- E c:r F.LE T"A IT H:° 67"1 DIS'.ISSED OR.DELIED IS
T_' S .!H Ez` X KJ— RY OF .)EEDS AND INDEXED UNDER THE NA.,I[ OF THE,OWNEFJ
wT
GF &F;;CRU GR IS R ' RDED AND PDT ED JN Ti;[ D'41NER'S CERTIFICATE 6F T1
„ . -
' '.F ��� BOARD.DF.APPEAL-
� fra 12 3 os PM '88
e Ctv of 221PTTi� 2I$$MC $Et $
'! +�
FILE*
9
�"eal CITY CLERK.SALEP. MASS.
bIMMt
DECISION ON THE PETITION OF MOFFAT REALTY TRUST, SANTO J. DEFRANCESCO,
TRUSTEE, FOR A VARIANCE AT 10 JEFFERSON AVENUE (R-2)
A hearing on this petition was held on March 30, 1988 with the following Board
Members present: James Hacker, Chairman; Messrs. , Bencal, Fleming, Luzinski and
Strout. 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 the
provisions of Massachusetts General Laws Chapter 40A.
The petitioner, represented by Attorney Phillip T. Durkin, is requesting a
Variance to allow service-type uses on the second level of the property at 10
Jefferson Avenue. The property is currently utilized as a small shopping plaza
by virtue of the grant of a previous Special Permit by the Board of Appeal. The
property is located in an R-2 zone.
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;.
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 careful consideration of the evidence presented at the
hearing and after viewing the plans, makes the following findings of fact:
'1 . The petitioner has operated the shopping plaza since 1979
with minimal impact on the abutting residential zone;
2. The petitioner has complied with most of the twelve ( 12) restrictions
contained in the 1979 Special Permit, and will immediately comply
with the remainder of those restrictions;
3. The concerns of the neighbors present at the hearing will be
addressed by the petitioner;
On the basis of the above findings of fact, and on evidence presented at the
hearing, the Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject
property but not the district generally;
2. Literal enforcement of the provisions of the Ordinance would involve
a substantial hardship on the petitioner;
3. The relief requested can 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.
DECISTbN ON THE PETITION OF MOFFAT REALTY TRUST, SANTO J. DEFRANCESCO,
TRUSTEE, FOR VARIANCE AT 10 JEFFERSON AVE. , SALEM
page two
Therefore, the Zoning Board of Appeal voted 4-1 , Mr. Bencal opposed, to grant
the Variance requested, subject to the following conditions:
1 . All the twelve (12) restrictions contained in the Special
Permit of June 15, 1979 remain in full force and effect, and
all such restrictions shall be complied with immediately;
2. The dumpsters shall be located as per plans submitted and revised;
any dumpsters on the property shall be enclosed with a masonry
structure forthwith;
GSiC.t,�
3. The�ro re sor at�e e r of t e bu3�ding/shall be ve ted/entir ly.
toGareZ�thhop Stet si -of the properti�, 7` 7j
4. The petition shall, obtain a building permit the Building Inspector
for any new work done at the property;
5• All construction/alteration must comply with the Massachusetts
Building Code and the requirements of the Salem Fire Department.
VARIANCE GRANTED
;Ae�2s, M. Fleming, Vice Ch man
Boarof Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
n 9 p p.- U T; m 17 F Tfil ...
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QF REGGRu JF IS &—j-DED A'l UlcitU CtiTnc Or'NcRS CERTIF I' AicIIFcE.
BOARD OF APPEAL
r i
a 11 3 o6 PPI '88
(gifg of '$ttlem, 'Mttssar4useth
FILE#
y
Pnxrb of �ppeal CITY CLERK,SALEM.MASS.
�r �r
�aWM6
f
DECISION ON THE PETITION OF MOFFAT REALTY TRUST, SANTO J. DEFRANCESCO,
TRUSTEE, FOR A VARIANCE AT 10 JEFFERSON AVENUE (R-2)
A hearing on this petition was held on March 30, 1988 with the following Board
Members present: James Hacker, Chairman; Messrs. , Bencal, Fleming, Luzinski and
Strout. 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 the
provisions of Massachusetts General Laws Chapter 40A.
The petitioner, represented by Attorney Phillip T. Durkin, is requesting a
Variance to allow service-type uses on the second level of the property at 10
Jefferson Avenue. The property is currently utilized as a small shopping plaza
by virtue of the grant of a previous Special Permit by the Board of Appeal. The
property is located in an R-2 zone.
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;
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 careful consideration of the evidence presented at the
hearing and after viewing the plans, makes the following findings of fact:
1 . The petitioner has operated the shopping plaza since 1979
with minimal impact on the abutting residential zone;
2. The petitioner has complied with most of the twelve (12) restrictions
contained in the 1979 Special Permit, and will immediately comply
with the remainder of those restrictions;
3. The concerns of the neighbors present at the hearing will be
addressed by the petitioner;
On the basis of the above findings of fact, and on evidence presented at the
hearing, the, Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject
property but not the district generally;
2. Literal enforcement of the provisions of the Ordinance would involve
a substantial hardship on the petitioner; 4
3. The relief requested can 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.
DECISION' ON THE PETITION OF MOFFAT REALTY TRUST, SANTO J. DEFRANCESCO,
TRUSTEE, FOR VARIANCE AT 10 JEFFERSON AVE. , SALEM
page two
Therefore, the Zoning Board of Appeal voted 4-1 , Mr. Bencal opposed, to grant
the Variance requested, subject to the following conditions:
i
1 . All the twelve (12) restrictions contained in the Special
Permit of June 15, 1979 remain in full force and effect, and
all such restrictions shall be complied with immediately;
2. The dumpsters shall be located as per plans submitted and revised;
any dumpsters on the property shall be enclosed with a masonry
structure forthwith;
3. The compressor at the rear of the building shall be vented entirely
towards the Winthrop Street side of the property;
4. The petition shall obtain a building permit the Building Inspector
for any new work done at the property;
5. All construction/alteration must comply with the Massachusetts
Building Code and the requirements of the Salem Fire Department.
VARIANCE GRANTED
;jaVmesAML"L�F'
leming, Vice Ch man
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
dtvY, SNAIL BE N, ° PJRB'..:A6 TO S DT{Or 17
APPEAL FRC' 1HIS I°
a N 20 DAIS AYIER THE DATE OF
6s N.RAL LAWS CHAP -` b R AND. SHALL H FILED Yv
OF ' ,IE D �IS!ON I^:
THE OFr CE O( THE CITY CLEF.K. THE VARiAPiC ."'.CIA r'R
Tr S. i7 �v lr.. CPA �R biS. c 111 �<
PE- - '.::T JhTd. A _Pv 'r THE ...
GRA,+'ED H..r,El. SuEL M1 1: �:E Er '; i h
FJCi. , -V Lr He -1,� _
t -' v ! E Ivn._ OF THE
OR 1Ht ':. ° S .: APP-A q�'U IP:ULA � J _u.
REDDkDL !. T.,_ N ESSL - RE_!
RE OROLRECOR OR IS BEGCRDED AND NOTED ON TriE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
Y �
JUNE 15, 1979
D;,'C!STt';N OF' PETITT_0 ! Sli S_Z1T D BY SkN;TO DE F1yz'ulC:SCO C v n` .-n a--., .
0_,CE iI.,.. PRO_Lr..Ty
LOC=VI D :A_1 10 JEFFERGU i AVENUF, (i:-2 DISTFSC':) .
A h ^:c;_n ; oa this petition. was hold June 15, 1975 Frith the f oll_o i-<.
Of the Boa;-d. prosect; Je..,,. Boulzer - Chairman, La.Brecq--ia, Douglas Hopli,::r,
.john Nurti_ng, Joseph Piemonte. hoti6 5 nee e ;Ln_ pOSt?aid to ab"!tte7:s :inc!
others, and duly published In the SaR 7 ening _.ous on Jun' 1 a::d June C, 19/7,
in atter=_:,:rice. with i:_ss. Gene,-al
Att Y. l'l2r Ly ::n':eleo rapresen: id. the pc-i-ti._, er G=-_ore the Board. The Petii.ic jer
is regiias :ing, a Special Permit for the fu=r Sur=atto Datmry In ustrjaj buiIjimL,
1bCat•[:d at 10 Jefferson Avenue, to e-lloa a G1an,C in Use to retail- stores and
offi.c^S t:ad parkin„ to contain 39 space;, also tin vacant lot at the rear of LL(,
bc,i.'id:i::S will be used for additional pErki ; sp_c_s. Some of the buildings e-i11
be removed in accoriance with the plans Ai AatL_�._... tic: f1Si;t floor to hone ..
retail s.i'orc,;, .,,._nrld floor to be conva:':i:ed" to officas at a Inter date. pooki'.
Spaces will b� reaovateJ., they Vill install paved wal'alays at frons- and rear...
t ] or replaced. The ret:^in. r.;; build, v-ill be saa�_.,Ias e:_
Tiu: ,:e;�.ue will be re�ai-_... �. 1 ; t'^� � ��. , - t
clean.
Atty. F.^'teles state, that Section 57-•10 give the Board the authority to grant
this Special Permit, as this is less detri: ental use than wnnt is there, and
it would not derogate from the inteat of th_ Zo::_nS Ordinance.
Seven people appeared in favor of the petition, one abutter requested a stockade
fence be eroded along her property and to keep truck traffic off Hathorne Street.
There was no opposition on this request.
The Board voted to grant the Special Permit requested with the following restriction.
1. Supplies and materials deliveries use only Jefferson Karaite. '
2. Stocicade. fence sin (6) feet MIA be erected abutting residential profit^-ties.
3. No truck deliveries before 7:00 A.M. or after 6:00 P.M. on Writhrop Street.
4. Operation of businesses only from 6:00 A.':. to 12:00 P.M.
5. Eight structures will bu demolished, neatly,- filled in and the area cleaned u,
6. Back jut to bP i:sed only for like car park: , and dr_.livery only.
7. NO use speci.f;.-'a! ]y e.•:cl.uded from -c, R--1, and P,-2 districts 17ill be a1lo:rc::
S. A fence will L.! eructed on all lines :--'•uttia, l:-2 properties.
9. The rubbish chic,-,star will be oc '.dic_iirup Str et side, and shall be e.z:losed
in masonry.
10. Stairway:; from th_: _ccoad floor z__3as shall exit the people in .front of Lige
Wilding.
J.J.. \ao sta_i.rs and corridor shall. b^ included for second story areas.
12. Doors for cress on first floor store;: to narro:;' alley in mar sliall be
race sr^:i
sufficiently enough not to ..r. l.n; oucr into the alley passage.
JUL 0 11 PAT:? G. =2 (001,10
%LS MILE
vs.
-ET2 Mil ME TDO
T11 imsyscA MOM
The Boa'--d fc`L1rc'- that the propos& use is far lass jctwWaDtai to the ileighljor-
-j -ft - 'se -.7G-k;ld "I vo
hood. _t C,-Ip-t eja changa in the lloa-cc0l�0'— 'V-L� 1-
jute�_IL of the fy-la7a. The Board found that
17ay cle,3:ogaLe fc,-,'A the e sejaua ZouLngg
, -,11,cl ausz rd .2 patitiona-z:.
to Jany the pctitica requasted �M c, ha ls'a--P to erk
spwonsyn: COWED W101 yva7vannag
R
bo-alger, 61
THIS r--CISION; IF 11.U. SHALL RE TO SvCtyl 17 OF 710 700
U;DFiILT) VWit;N 20 crCL OF Fliloz.
-U HE
Uj: IN THE OFM OF THE CIA CLERK. C,' EPLC!'�L
PURS&T TO EASY C-EWERAL LAW CH""AR F� 11, 4 VARI;*:�;'
H12CIN. Si ,l r:!", EN pj g plucogmX, IWITA THEM11-
A-,) H;� SEEN FILED,
Fli; CD/ I., eiL,.,
OF SMI
H` SMI APPEAL HAS VW! 10 jy, AN9 vwEXTv CAM THE PANE Cr THE OONER
11.11 THE .1134111 MY REWNRY DF
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BOM OF APPOL
M2- Y OF THIS D':,'V-- SlON mks BEEN FILED UITH TELLF12C'':ING BOARD AID THE CITY CLE,
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