16-18 THORNDIKE STREET - BUILDING INSPECTION 16- IS THORNDIKE STREET
CITY OF SALEM9 MASSACHUSETTS
i . BOARD OF APPEAL g m�
120 WASHINGTON STREET, 3RD FLOOR T �T
SALEM, MASSACHUSETTS 01970 'O K
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 0 O m
MAYOR FAX: 978-740-9846 -n3
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DECISION OF THE PETITION OF PASQUANNA DEVELOPERS INC. �'y
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT-18
THORNDIKE STREET R-2
A hearing of this petition was held on September 15, 2004 with the following Board
Members present:Nina Cohen,Chairman,Bonnie Belair, Edward Moriarty,Richard
Dionne and Nicholas Helides.Notice of this 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 petition is requesting a Variance from lot size, lot coverage and setback requirements
to allow construction of six units for the property located at 18 Thorndike Street 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 or structures in the same district.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
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. Petitioner Pasquanna Developers is a real estate development company retained
by property owner Carly N. Welch to develop housing on a parcel of
approximately 36,000 square feet located between Huborn and Throndike Streets
in an older residential section of the City. The property was formerly a
contractor's yard used in connection with the owner's family business for many
years. This use was abandoned and the property neglected until recently,when it
was used for the storage of construction trailers and equipment, a use that is
neither allowed nor grandfathered. Complaints by the surrounding residential
neighborhood resulted in the effort at redevelopment.
2. Petitioner proposes to clean up the site, install utilities including connections to
City of Salem water and sewer lines,put a sidewalk on Hubom Street, and install
DECISION OF THE PETITION OF PASQUANNA DEVELOPERS,INC.
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 18
THORNDIKE STREET R-2
page two
appropriate landscaping. The proposed housing units would be contained in three
buildings , each of which would consist of two attached dwelling units. Each
two-bedroom home would also have a one-car garage with an extra half bay.
3. A great deal of thought was into sitting these dwelling units. With 144ft of
frontage on Huborn St. leading to a cluster of four units. This condominium
association from Thorndike St. via a 20ft wide driveway. The condominium
association will be responsible for snow removal from the driveways and will be
liable for any drainage problems that result on the property.
4. The petitioner seeks variances for additional dwelling units on a lot, minimum
distance between buildings,maximum lot coverage, front setbacks, side setbacks
and rear yard setbacks for each of the six units.
5. As ground for his petition,petitioner states that the cost of development,and the
size and shape of the property constitute hardship. Petitioner further states that
the size of the proposed lots in keeping with the existing structures in this
neighborhood,which will be enhanced by the new properties.
6. Opposition to this petition was widespread,both within the neighborhood and
outside it. City Councillors Mike Sosnowski, Kevin Harvey and Joseph O'Keefe
opposed the density and layout of the proposed development, and abutter Joe
Bennett submitted a lengthy letter signed by twenty neighbors in opposition to the
proposed six-unit development. Walter Power,Chairman of the Planning Board
for the City of Salem,argued that creating access via a long narrow driveway
would greatly impact the surrounding neighbors. He stated that changes in
density should be made by rezoning, a function of the City Council. Among the
residents present who spoke in opposition were Peter Plecmoga,Melissa Cochran,
Tracy Osterstuf,Joe Patringer, Kevin Kelker, Marcus Swazey and Bill Semons.
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 do not exist which especially affect the subject property and
not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would not result in
unnecessary hardship to the petitioner.
3. The relief requested cannot be granted without substantial detriment to the public
good or without nullifying and substantially hardship derogating from the intent
of the district or purpose of the Ordinance.
DECISION OF THE PETITION OF PASQUANNA DEVELOPERS, INC.
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 18
THORNDIKE STREET R-2
page four
Therefore,the Zoning Board of Appeal voted 0 in favor and 5 in opposition to grant the
requested variances. Having failed to garner the four affirmative votes required to pass,
the motion is defeated and the petition is denied.
Variance Denied
September 15,2004
Nina Cohen, Chairman
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 17 of the MGL
Chapter 40A and shall be filed within 20 days after the date of filing of this decision
in the office of the City Clerk. Pursuant to MGL Chapter 40A, Section 11,the
Variance of Special Permit granted herein shall not take effect until a copy of the
decision bearing the Certification of the City Clerk that 20 days have passed and no
appeal has been filed,or that, if such appeal has been filed,that it has been dismissed
or denied is recorded in the South Essex Registry of Deeds and indexed under the
name of the owner of record or is recorded and noted on the owner Certificate of
Title.
Board of Appeal
o CITY OF SALEM, MASSACHUSETT!Cfr
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BOARD OF APPEAL C�ERKSAIEN Me
$ ® 120 WASHINGTON STREET, 3RD FLOOR S orFlgt ^
Y SALEM, MA 01970
TEL. (978) 745-9595
FAX (978) 740-9846 4:KAR
STANLEY J. USOVICZ, JR. 3�P
MAYOR - 3b
DECISION ON THE PETITION OF ROBERT MUNROE REQUESTING AN
ADIMISTRATIVE RULING FOR THE PROPERTY LOCATED AT 18 THORNDIKE
STREET R-2
A hearing on this petition was held on February 18, 2004 with the following Board
Members present: Nina Cohen, Chariman, Richard Dionne, Nicholas Helides, Stephen
Harris and Joseph Barbeau. Notice of the hearing was sent to abutters and others and
notices of the hearing were published in the Salem Evening News in accordance with
Massachusetts General Laws Chapter 40A.
Petitioner is requesting an Administrative Appeal of the Salem Zoning Officers decision
to cease and desist order of December 2, 2003 for the property located at 18 Thorndike
Street.
After hearing the evidence the Board of Appeal makes the following findings of fact:
1. Petitioner appeals an order of the City of Salem Building Commissioner, issued on or
about December 2, 2003, ordering petitioner to cease and desist all nonresidential
activities upon the property at 18 Thorndike Street ("the property"). Petitioner's
client, Carol Welch, is a trustee of the property owner, Welch Family Trust.
2. Mr. St Pierre testified that he was asked by neighbors to determine whether the
owners have operated a construction yard at the site, and he did so. Following his
investigation Mr. St: Pierre determined that the use of the property as a construction
yard had been abandoned for at least 24 months on two occasions since 1998.
3. On behalf of his client Mr. Munroe presented the Board with evidence in the form of
testimony by Welch employee Bill McHugh supporting petitioner's assertion that
petitioner had continuously operated a construction yard on the property during the
period from 1989 to the present: Mr. McHugh stated that within a building on the site
petitioner had stored a forklift, two excavators, a compressor, a trailer, a front- end
loader apparently there are also some sections of concrete pipe partially buried on
the property. Mr.McHugh stated that he entered onto the property more frequently
Than every two years to operate the equipment stored in the building there.
4. Mr. McHugh also stated that for the past two yeas he has resided in Jersey City,
New Jersey.
5. Neighbors' testimony was presented to the Board both supporting and opposing
petitioner's assertion. Testimony of Michael Cocozella of 15 Hubon St. stated that
he has lived at his present address since 1987 and had observed that the property
was not used for any purpose from 1991 to 1994, and that it was also used for any
purpose from 1997 until spring, 2002.
CITY OF SALZ-M
CLERK'S SF � EM,A
DECISION OF THE PETITION OF ROBERT MUNROE REQUESTING AN
ADMINISTRATIVE RULING FOR THE PROPERTY LOCATED AT 18 THORNI
STREET R-1 P 36
page two
6. Testimony of Lori Swezey of 10 Hubon St. stated that she observed no use of the
property by anyone from February 2001 until Spring 2002 when the property began
to be used by an electrician to store equipment for his electric company. After that,
according to her testimony, the property was used to store vehicles.
7. Michael Swezey also testified that since he moved into the house at 10 Hubon St
He had never seen any construction work at the property, and had never observed
anyone working in the shed.
8. Also testifying that the property has not been used as a contractor's yard were Mr.
Kevin Harvey Councilor at Large for the City of Salem and Bill Simmons of 19 Hubon
Street.
9. Patrick Murtagh of 17 Hubon St., stated the he move into the neighborhood in 1997,
And that he saw pickup trucks being worked on at the property about 3 years ago.
Additionally he stated he saw someone using a bobcat to clear the yard.
Therefore, based on the fact and on evidence presented, Ms. Cohen made a motion for
the Board to support John Keenan's opinion and stand behind the Building Inspector
with regards to 18 Thorndike Street with a vote of 4-1 to deny the petitioners appeal.
heea"
Nina C
Board of Appeal CSc'
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 17 of the
Massachusetts General Laws, Chapter 40A, and shall be filed within 20 days after the
date of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts
General Laws Chapter 40A, Section 11. The Variance or Special Permit granted herein
shall not take effect until a copy of the decision bearing the certificate of the City Clerk
that 20 days have elapsed and no appeal has been filed, or that, if such appeal has
been filed, that it has been dismissed or denied is recorded in the South Essex Registry
of Deeds and indexed under the name of the owner of record or is recorded and noted
on the owner's Certificate of Title.
RUNG-26-2002 03:20P PRCQ1: r0:19787409646 P:1/1
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August 26,2002
VIA CERTIFIED MAIL AND FACSIMILE
Mr. Frank DiPaolo
Building Inspector, City of Salem
120 Washington Street, 3'd Floor
Salem,MA 01970
RE: 18 Thorndike Street
Dear Mr. DiPaolo;
Pursuant to your letter dated August 6,2002,1 have attempted to contact you by
telephone to discuss the above captioned property. In.Addition, on August 21, and
August 261 left my mobile number on your voice mail which I monitor 2417 for other
business.
I will continue to call your office in an effort to make contact with you. However,do not
hesitate to Cali me any tune your schedule permits at 201-240-0102. I look forward to
speaking with you in the near tllture.
Sincere
Bill McHugh
Welch Family Trust
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Cc. James Peterson,Esq.
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