31-37 UNION STREET - BUILDING INSPECTION 31 -37 UNION STREET T F1
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SALEM,MASS,6
MAY 17, . - MAY 23, 1979
DECISION ON PETITION SUBMITTED BY ROBERT C. S'TILBUR, GERALD FANDETTI AND DOUGLAS
BELL d/b/a SALEM TOWN HOUSES. (R-2 DISTRICT)- 31-37 UNION ST. & 13-15-18 HERBERT ST.
A hearing on this petition was held May 17, 1979 and reconsidered on May 23, 1979
with the following members present: James .Boulger, Chairman; Arthur LaBrecque;
John Nutting; Joseph Piemonte; Douglas Hopper. Notices were sent post-paid to
abutters and others and duly published in the Salem Evening News on May 3, and May 10,
1979 in accordance with Mass. General Laws.
Atty. Donald Koleman represented the Petitioners before the Board and stated that
this was the 3rd attempt to incorporate proposals to satisfy the neighborhood
and submitted 3 site plans with various proposals with density reduced 33%, for two
parcels of land on which they seek a variance to erect three 5 room duplex units,
to be sold and owned by individual homeowners on 31-37 Union Street and 13-15-18
Herbert Street (2 units on Herbert St, and 1 unit on Union Street). Atty. Koleman
stated that the petitioners have been responsive to the neighborhood, and that
there is a definite hardship that goes with the land, also that these are not cheap
houses, and the surrounding property will be increased in value, and that the
buildings are in good scale for the neighborhood.
The Board voted to grant the Variances required and to accept Site Plan No. 2 and
reduce the parking spaces to one space for each living unit. The Board found that
to deny the variance requested would cause substantial hardship to the Petitioner.
The Board determined that the granting of the Variance would in no way be detrimental
to the surrounding neighborhood, and would in no way derogate from the intent of
the Salem Zoning By-Law. The Board found that desirable relief may be granted without
substantial detriment to, the public good.
VARIANCE GRANTED
APPEAL FROM THIS DECISION, IF ANY;SHALL DE MADE PURSUANT TO SECTION! 17 OF THE MASS. J s H. Boulger, Jr.
GENERAL LAWS, CHAPTER, 808, AND SHALL BE FO-LD %VITHIN 20 DAYS AFTER THE DATE OF FILING Chairman
OF THIS 9EC!S!0N IN THd OFFICE OF THE CITY CLERX.
PURS!N.I r ".AC" E R Ll+'� C NA"ER ° C'.U"I 11, THE VARIANCE OR SPECIAL PERM11" -
SHALL i!,., E _.i ,_. - L A C", I THE CERT-
F!C::TfON TH' ! :.L.:R., :: ,i .,.JS k :.PZ_iO :I) NJ APPEAL HAS >E' i FILED,
C' TH,;T. ..00ii AN APPEAL K..S d>E'; F __, TEP.i If r..5 P-C.N DISViSS'ED OR DENIEO IS
RECO%CE9'I:I TO
HF SUTH ESSEA IK-ASfR' 'OF uE.iDS AN.) Li'DEXED.UNi CER THE NV';E OF THE U,'N—P.
OF RK-RD OR IS RECOROED AND RGiEO ON THE Uii:1EP,'S CERTIFICATE OF TITLE.
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BDARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
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DECISION ON THE PETITION,.OF_RAYMOND L. YOUNG FOR A VARIANCE
AT 18 HERBERT ST. & 31 UNION ST. N-2)
A hearing on this petition was held on December 2, 1987 with the following Board
Members present: James Hacker, Chairman; Richard Bencal, Secretary; Messrs. ,
Luzinski, Strout and Fleming. 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.
Petitioner, owner of said property, is requesting a variance to allow subject
property to be used for off street parking in this 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 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 hearing the evidence presented at the hearing, makes
the following findings of fact:
1 . The use of the area as an off street parking lot helps to relieve
a congested area of some vehicles;
2. Support of the plan was voiced byneighbors, abutters and others;
3. The lots had been used as a parking lot by previous owners for
many years.
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 relief of the provisions of the Ordinane would work a substantial
hardship on the petitioner;
3. 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.
1 '
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DECISION ON THE PETITION OF RAYMOND L. YOUNG FOR A
VARIANCE FOR 18 HERBERT & 31 UNION STS. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief
requested, subject to the following conditions:
1 . Eight (8) parking spaces be dedicated to the building known
as 821-8A and 8 Herbert St. ;
2. The lot be landscaped appropriate to the neighborhood;
3. A maximum of twenty (20) legal parking spaces be maintained on
site as per the plans submitted.
GRANTED
Richard A Bencal, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
AFVEA'_ FRO). THIS DE:5 I- ANY. SHSLL BE LADE PURSUANT TO SECTICN 17 OF THIP ..
C.ENLRAL LA'!.'S. CL'. TCL A7D .,.,ALL BE W-J v:!'i!N PO DAYS AFTER THE
hF Tr.l° OEi.�S IC•fi IN _M:E OF THC CITY CLERK.
Y i'f T_ .;SS fL:F i'i.: l!•.�lS. f, A°TER BO;.
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R:,.0=.6•'_L I:, THE S('Jili ESSE:i FCiSCS( OF CcLS AND INDEY71 ZC.I S. . � LF Tri_ _
OF RECORD OR IS RELORDED AND NDTED ON THE Ol7NER'S CERTIRLATL v[ Ti-.LE
BOARD OF AFI'UL
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744-6900
SEPTEMBER 12, 1978
DECISION ON PETITION SUBMITTED BY SALEM TOWN HOUSES (Robert C. Wilbur,
Gerald N. Fandetti and Douglas E. Bell) CONCERNING PROPERTY LOCATED AT'
31-37 UNION STREET 4 13,15,18 HERBERT STREET (owner,Peter Copelas) LOCATED
IN AN R-2 DISTRICT
A hearing on this petition was held on September 12, 1978. Notices were mailed
postpaid to the Petitioners, abutters and others and the notice of hearing was duly
advertised in the Salem Evening News on August 25, and September 1, 1978 in accordance
with Mass. Gen. Laws, Chapter 808.
Tne following members of the Board were present fox the hearing: Jane T. Lundregan,
Donald EwiP , Arthur Labrecque and James Boulger.
Atty. Donald Koleman, 328 Essex Street, Salem, represented the Petitioners before
the Board.
The Petitioners presented a proposal for the construction of nine- townhouse units,
semi-detached, to be owned as single family houses, on the location in question.
Said units would not comply with the density requirements of the Salem Zoning Ordinance.
The Petitioners stated that the building would not conform with respect to both
density requirements and side line requirements. The rear lot satisfies the depth and
the Petitioners allowed for 11-2 parking spaces per unit. The Petitioners stated that it
is a hardship to the owner to develop the property since the buildings that were there,
when demolished, part of the foundation was left below grade along with other materials.
The lots are undersized and are not buildable lots under the present zoning ordinance.
Several abutters appeared in opposition to the proposal. Their basic concerns are that
there are problems in the area now in regard to parking, snow removal, sewage and con-
gestion. They felt that the addition of ninetownhouse units on undersized lots would
furt?ter add to the problems. Under the present zoning ordinance the lots .are undersized
and with the present square footage would allow for the building,with a variance, for one,
family homes.
The Petitioner argued that it is not economically feasible to build a one family home
on the lots.
The Board voted to deny the variance requested. The Board noted .that the lots are
undersized and a variance would be needed even for a ileo family dwelling. The Board
found that there is extremely high density in the area and has problems at the present
time with traffic, congestion and fire hazards. The streets are extremely narrow which
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OCT J 9 al AN 10
( SALEM TOWN HOUSES - 31-37 Union St, & 13,15, $ 18 Herbert St. Page 2
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makes the providing of services very difficult. CITY Ci:fRI,SAIM PAST
The Board felt that it could not grant the petition requested without detriment
to the surrounding neighborhood. The neighborhood is presently very dense and to add
nine more units to an already congested area would be in conflict with the Salem Zoning
Ordinance. The Board found that the Petitioner did not prove a substantial hardship
which would support the finding for a variance. The Board felt that the lot could be
developed as one family homes and that would be more in keeping with the neighborhood.
By roll call it was unanimously voted to deny the variance requested..
VARIANCE DENIED * **Yx*rr****
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS. GEN.
LAWS, CHAPTER 808, AND SHALL BE FILED WTTHIN 20 DAYS AFTER TIE DATE OF FILING OF THIS
DECISION IN THE OFFICE OF TI-IE CITY CLERK,
J
r Jane T. Wndyo h n
�. Secretary