60-62 WARD STREET - BUILDING INSPECTION 01112
FILE/C. Q. COPY
CERTIFI A,�OF OCCUPANCY '
CITY OF SALEM Issued,
Permit k. 'lLi?—
SALEM, MASSACHUSETTS 01970 City of Salem Buildin Dept.
i
DATE MA RCH 09 -19-2-8 PERMIT NO.. 132-1998
APPLICANT_PERGOLA CONSTRUCTION ADDRESS_ 97HARWOOD STREET 641
(COWR'S LICENSE)
CITY LYNN —STATE—L4-n ZIP CODE —TEL.No. 781-599-4895
PERMIT TOADDITION (Rb-) STORY TWO OR MORE FAMILY NUMBEROF
DWELLING UNITS—,
(TYPE OF IMPROVEMIFNT) —{PHOPOSED OSE) 0
AT{LOCATION} 0060 WARD STREET ZONING R3
(NO.) (STREET) — DISTRICT
BETWEEN— AND_
{CROSSSTREET) (CROSS STREET)
SUBDIVISION MAP 34 LOTU-"P+ -- SIZE IZIO045GO SO FT
BUILDING ISTOBE_—FT.WIDE BY _FT.LONG BY ,,, FT.IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION
TOTYPE_ USEGROUPBASEMENT WALLS 09 FOUNDATION
(TYPE)
REMARKS: PERMIT TO CON --MIR M I T r E_DV G. a.
AREA OR PERMIT
VOLUME (CUB$CISQUARE FEET) ESTIMATED COST FEE $ 203. 00
OWNERRAYMONDNOILES BUILDING DEPT,
ADDRESS—fLI4--WARD--S]'EIT-ET
E
b� f1Lit of $Ufvm, Httsstttflu�Ptts
M
Pourb of �u ral FEB q 2 50 PM 198
CITY OF 541-f-M. ,y ASS
CLCRK'S OF FICE
DECISIONTON_THE PETITION OF RAYMOND & CHARLETTE NOYES FOR A SPECIAL PERMIT
AT 60 WARD STRE T\ (R-3)
A hearing on this petition was held January 21, 1998 with the following
Board Members present: Gary Barrett, Chairman: Nina Cohen Richard Dionne
and Albert Hill. 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.
Petitioners, and owners of the property, represented by Attorney Athan
Vontzalides are requesting a Special Permit to allow the expansion of a
nonconforming use and structure for the property located at 60 Ward Street.
The property is located in a R-3 district.
The provision of the Salem Zoning Ordinance which is applicable to this
request for a Special Permit is section 5-3(j ), which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the
Board of Appeal may, in accordance with the procedure and conditions set
forth in Section 8-6 and 9-4, grant Special Permits for alterations and
reconstruction of nonconforming structures, and for changes, enlargement,
extension or expansion of nonconforming lots, land, structures, and uses,
provided, however, that such change, extension, enlargement or expansion
shall not be substantially more detrimental than the existing nonconforming
use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit
requests, guided by the rule that a Special Permit request may be granted
upon a finding by the Board that the grant of the Special Permit will
promote the public health, safety, convenience and welfare of the City's
inhabitants.
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.
` r
DECISION ON THE PETITION OF RAYMOND & CHARLETTE NOYES FOR A SPECIAL PERMIT
AT 60 WARD STREET, SALEM
page two
— m
n..c
C. Desirable relief may be granted without substantial detrim tpthe
public good and without nullifying or substantially derogatin11
%f'ron,ithe
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence•-&esgpted,
and after viewing the plans, makes the following findings of fact!f'
1. Kevin Mahar of 56 Ward Street initially opposed the Petitioners
request, but after reviewing the plans Mr. Mahar withdrew his opposition.
No further opposition was made.
2. Speaking in favor of the petition were:
Richard White, 18 Friend Street, Beverly, MA
Linda Kent, 56 Ward Street, Salem, MA
Timothy Banas, 56 Ward Street, Salem, MA
Shetland Industries, 27 Congress Street, Salem, MA, represented by
Mr.Thomas Kent.
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 in general.
2. Literal enforcement of the provisions of the Ordinance would involve
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.
4. The Special Permit granted can be granted in harmony with the
neighborhood and will promote the public health, safety, convenience
and welfare of the city's inhabitants.
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the
relief requested, subject to the following conditions:
1 . Petitioner shall comply with all city and state statutes, codes
ordinances and regulations.
2 . All construction shall be done per the plans and dimensions submitted.
3. All requirements of the Salem Fire Dept. relative to smoke and fire
safety shall be strictly adhered to.
4 . Petitioner shall obtain a building permit prior to beginning any
5. Exterior finishes of the new construction shall be in harmony with
the existing structure.
DECISION ON THE PETITION OF RAYMOND & CHARLETTE NOYES FOR A SPECIAL PERMIT
AT 60 WARD STREET, SALEM
page three
6. A Certificate of Occupancy is to be obtained.
7. A Certificate of Inspection is to be obtained.
Special Permit Granted
January 21, 1998
Albert C. Hill, Jr.
Member, 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
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 or 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 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. r
Board of Appeal `� m
r � L
T} o
n S
to
Citp of 6alem, Anoubusetto
Withdrawal or Deceased from Business or Partnership
In conformity with the provisions of Chapter 114, Section 5,of the Mass.General Laws, the undersigned
hereby declare(s) that we (I) have this day:
Dl _ Discontinued 0 Withdrawn from
the business known as'
conducted at- � G
as set forth in the certificate filed on' L z �l
Name Address
see
P2 The location of Q the business CI my residence as it appears on the business certificate of:
filed on: has been changed to:
--------------
�3 As executor or administrator for the estate of: who died on:
I hereby request a:
D Discontinuance of the business certificate
Ll Withdrawal of his/her name from the business certificate
so named:
filed on:
SmLre(s)
------------------------------------------------ ---------------------------------------
on ,+ 19�e above named persons) personally appeared before me and made an
oath that the foregoing statement is true.
------------- ----------------------------------------------------
------------------------------------ -
-- Notary Public
CITU QLEflK
(seal)
Dace Commission Expires
]I!4
LAW OFFICES OF Will
Alhfj
GEORGE P. `rAI,LIS
ONE CHURCH STREET
SALEAL nIASSACHUSETrS 01970aA 5 36
UJ
15171 745-0500 q RE C
GEORGE P-VALLIS -C)-TY �� J'��- I'I>PIAS S.
JOHN G.VALLIS "
March 4, 1986
Mr. William Munroe
Building Inspector
One Salem Green
Salem, MA 01970
Dear Mr. Munroe:
This office represents Mr. Raymond B. Noyes who-has-executed an Agreement to
purchase certain premises situated at+50'4dard Street, Salem. Mr. Noyes is a
mechanical contractor, doing business aas_Essex.-County--Craf-tsmen, and employs 10
people.
The property is located within an R-3 District and a machine shop is not a
permitted use, as you know. Mr. Noyes intends to use the property as a machine
shop for fabrication of metal ducts for heating, air-conditioning and ventillation
purposes.
On September 23, 1974, a special Permit was granted to one Gerard Mailly to -
use the premises as a mahcine shop that would employ 8-10 people and perform light
machine tool work, a copy of the Board of Appeal's Decision is attached hereto.
An examination of the title reveals that the property has changed ownership a
few times, namely:
1. Gerard Mailly and Louis M. Boisvert to James E. Robichau in February, 1977.
2. James E. Robichau to J & R Tool Company, Inc. on December 28, 1978.
3. J & R Tool Company, Inc. to Bruce J. Beaulieu and Ronald L. Noel on
November 16, 1979.
4. Ronald L. Noel and Bruce J. Beaulieu to the same as Trustees of the
J & R Realty Trust on April 27, 1982, who leased the property to
J & R Tool Company, Inc.
5. The Trustees of the J & R Realty Trust to the present owners, Kenneth V.
and Alice St. Pierre on July 26, 1985.
It is my representation to you based on information given to me by the attorney
who represented Ronald L. Noel and Bruce J. Beaulieu, who are also the principals of
Mr. William Munroe
March 4, 1986
Page 2
J & R Tool Company, Inc. and the J & R Realty Trust, that the premises have been
continuously used as a machine shop since the granting of the Special Permit in
September of 1974 until a month prior to the most recent sale in July 1985.
I am aware of the provisions of Section 8E of the Zoning By-Laws which states
that a change of a non-conforming use to another non-conforming use requires a
Special. Permit.
It is my client's contention that he will use the premises for light machine
work in accordance with the permit granted by the Board of Appeal in 1974, but that
the material that he will work with may vary somewhat with what was previously used.
The premises will, nonetheless, be used as a machine shop. In view of the fact that
the 1974 decision did not specify any particular type of machine shop, I believe that
a general machine shop was contemplated which would include Mr. Noyes' type of
business.
Mr. Noyes has applied for a mortgage and it is required by the bank to obtain
a certificate from your office that he can use the premises for his proposed purpose.
If you agree that, under the circumstances which I have described, Mr. Noves may
operate his business on the premises without Board of Appeal approval, kindly indicate
your consent by signing a copy of this letter and returning it to my office in the
enclosed, self-addressed envelope. Thank you for your courtesies in this matter.
Very truly yours,
�GEOCR P. VALLIS .
On the basis of the representations described above, it is my opinion that Mr.
Noyes may conduct his business on 60 Ward Street, Salem, without tl pec ity of
Board of Appeal approval.
C
WILLIAM MUNROE, Building Inspector
GPV/cac
Enclosure
/ _ f f r •Y _
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51
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_;'l. j-, OC:_ ED ..".T uC-�? ��:•_��J r' . .^_ .. .
= '?1 F. :0
0 - _- rd , -l0^4� , a hearing };,__ h e d ol': the a,,TD1_.ca;;_on
Ci' -1'_e ab 0-,e -zi m •6. ; Gat and ..Gill y, r e o u e s ting a s:'p e 1a'_ P e rinw1 i, t
i
�.�1J\ ..._E. J.: ._._c..� OCC led a -.:J
..G�1_.C:'C it ='d -ree L q a$ s C:'
OC e2ne
CGU.
Ices .. e_ c nia_'-_ed , _ a e _ epaid to the Pet_ iG_,er , a'r,, ,te --
abiit- ers to the abutters and others and duly advertised in t he
._ai em E-,_ening '-de);s .
?resent were Chairman John M. Gray, Sr. , and Board ';embers Donald
Holeman , Arthur Labrecoue and William Abbott .
The Petitioner, through Counsellor John R. Serafini , indicated the
following evidence . The building 1n questioIl was a solid, conCrete-
b.:ock building and that it had been used for various business purposes
or the bast 25 to 30 years . Tt has been used as a truck-repair
TO OpeT'c.-r c ,i'O'.- -van bus _"ie Ssq 1nC_L]C71.':rF. �.he rEi,`.a=-T 0=
ra61:0r vehicles , a*:.d also used for the operation of an oil business
a,.a various other ousinsSS ruruoses .
7urther ev_l CiencJ was Introduced that the area is 'largely COmmercla.l_ g
h
G- ln', aCr05_. .ne street from, a Cas staticn and Tiroper-v used as the
Si Le of tyle old electric genera-C'ng plant . Shetland Industrial Fare
and various 0-, her commercial e.st.ablish7nents .
The proposed business use of a �,�achine shop would be operated by
t' u (2 ) individual namely , Nr. Mailly and Mr. Boisvert . They will
aopro_�1-na i;el 86-10 people at various times . The kind of wort:
that they would be doing, is associated with light machine too! work.
r '-rough Counsellor Joh„ _. Sera`.ini , the Board was informed that
the opera t; on of the proposed machine shop after 6x00 p.m. at night,
Would be in, sccordance with the: directions or the Building inspector.
Ccunseiioz. aFini assured the Board that if the Building inspector
receive-' an'jC.iip 1a lnts 1_Ti Connection with noise , that his instructions
i
IF
-h IT. gun!
-you_._ be immediateay obeyed.
r
No one __Dearvd in opposition. -
The Eoarc _ ; and as facts the following : -
i _ That the p emises hat , _7 f0t been used for many years ,
in.c ,lld_-r_g -._"a last 75 to 30 years , for a -. a._i-ty of business ,
i n d n s z r=al -_?d e i _ia_ T.JLr DO s es ..
1 . Tie area -neral) a dixture of _'1 us _: ( m-E—rCial
_ ':noses. .
The Board also feudin fact , that the operation of the proposed
business after 6 : 00 p . m. could be conducted in accord With .
instructions received from the Bililaing Inspector in cnr-nec Lion
With any noise emanating from the building. Tire Board further
_ found that the building inspector should insure that adequate
access and egress to the building Were urese_n't in the existing
structure .
The Bearu a:er carefu_ consideration , found that the granting
of a Sae.c__a_' Permit: was without detriment To The -�,ubl_c good ,
and further -'^:at it would rpt derogate from the _,_tent of the
zoning ordinances .
All members voting in favor , the Board unanimously voted to grant
the special permit as requested .
GRANTED
SALEMBOARD OF APPEAL,
BY
(Acting) Secriary
T
WIWAM V A69071
JAMES f4. COULGER
Lif 5aLwt, :4 J SEPK F. 0 YLE
'ZN M. GRAY, $R.
A�
RE TNkJR LA.0.fC0VE
EMERY 1. TANCH
LA
.0..AN WE LC M. 14
U
CITY CL�w', VjAss-
-S 6FTMARING SEPTEMBER 23 1974
SALEK
DECISION ON PETITION OF GERARD MAILLY-FOR-A-SPECIAL-PERMIT TO
OCCUPY AND USE PREMISES LOCATED AT_0-62 VTARD STREET AS A
rUCHINE SHOP.
On Monday, September 23rd , 1974, a hearing was held on the application
of the above-named, Gerard Mailly, requesting a Special Permit to
occupy and use premises located at .#6o=6-2-1}TaFd-S-t-r-ee-t-,-a-s--a-machine"....
Nctices were mailed, postage prepaid to the Petitioner, abutters,
abutters to the abutters and others and duly advertised in the
Salem Evening News.
Present were Chairman John M. Gray, Sr. , and Board Members Donald
Koleman, Arthur Labrecque and Williain Abbott.
The Petitioner, .through Counsellor John R. Serafini , indicated the
following evidence . The building in question was a solid, concrete-
block building and that it had been used for various business purposes
for, the past ,25 to 30 years . It has been used as a truck-repair
depot , to operate a moving-van business , including the repair of
note,- vehicles , and also used for the operation of an oil business
and various other business purposes .
Furtl,er ev*.Idenc�e was introduced that the area is largely commercial,
acing across the street from a gas station and property used as the
site of the old electric generating plant , Shetland Industrial Park
and various other commercial establishments.
The proposed business use of a machine shop , would be operated by
two '2)- individuals , namely, . Mr. Mailly and Mr. Boisvert. They will
employ approximately 8-10 people at various times . The kind of -work
that they would be doing, is associated' with light machine tool work.
Through Counsellor John R. Serafini , the Board was informed tha,t
the operation of the proposed machine shop after 6 :00 p.m, at night ,
l.'oulld be in accordance with the directions of the Building Inspector.
Counsellor Serafini assured the Board that if the Building Inspector
received any complaints in connection with noise , that his instructions
.0 Apr
O%dWr
r
11{ '. 1 >tiltlwy 4. Pna.11t
1 JAMES N, BO UI b111
-IYE4 of galem♦ fflassac�useffs me,.t7 C.f F.
I JORN M. GRA♦ .N.
ARTM Ufl LABRVI IIIL
AV- 14 xiarb of Fp EAiE PY I, RANII
W� =<-'S Ucl b �i z"s 3JtYN1Y iJl �yJyJE�
1.. l / ) J. NOPM AN WLIfN, IN
CITYRIES�".111tNASSFiCE
PAGE TWt� - SSM SION - GERARD MAILLY , 60-62 WARD STREET.
would be immediately obeyed.
No one appeared in opposition.
The Board found as facts the following:
1. That the premises had, in fact, been used for many years,
including the last 25 to 30 years, for a variety of business,
industrial and commercial purposes..
2. The area was generally a mixture of industrial and commercial
..Turposes.
The Board also found in fact , that the operation of the proposed
business after 6 :00 p.m. could be conducted in accord with
_instructions received from the BuilCling Inspector in connection
with any noise emanating from the building. ' The Board further
found that the building inspector should insure that adequate
access and egress to the building were present in the existing
structure.
The Board, after careful consideration, found that the granting
.of a Special Permit was without detriment to the public good ,
and further that it would not derogate from the intent of the
zoning ordinances .
All members voting in favor, the Board unanimously voted to grant
the special permit as requested.
GRANTED SALEM BOARD OF APPEAL,
BY Acting ,-Secretary
000 46,664 {
USS' 00� /!91r—'" 001-0-rD Ale'00t p -047"'o
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