56 WINTHROP STREET - BUILDING INSPECTION � 1� 56 WINTHROP STREET
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CITY S OrEIGf Paurb of LApp� SALEM. MASS,
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SALEM, MASS. 'i'~ MAY 17, 1979
DECISION ON PETITION SUBMITTED BY K. FRANK KONKEL CONCERNING PROPERTY LOCATED
AT 56 WINTHROP STREET (NON-CONFORMING USE IN A R-2 DISTRICT)
A hearing on this petition was held on May 17, 1979 with the following members
of the Board of Appeals present: James Boulger, Chairman; Arthur LaBrecque;
Douglas Hopper; John Nutting; Edward Luzinski. Notices were sent, postpaid to
abutters and others and duly published in the Salem Evening News on May 3, and
101 1979 in accordance with Mass. General Laws.
Arty. Albert Pitcoff represented the Petitioner before the Board. K. Frank Konkel
is the owner of the building erected long before 1945. Atty. Pitcoff petitions
for a Special Permit to change the non-conforming use of the building from the
storage of food products to the storage of painter's riggings, ladders, and
equipment. The proposed new occupant would be the Berube Painters, to be used
only for storage of their equipment as they have a store and office on Ward Street,
where their paint supplies are kept. There will be no traffic. Mr. Philip Berube,
Vice President of A. Berube & Sons spoke. His men would arrive approximately at
7:00 A.M. to pick up their equipment and return around 4:30 P.M. Inflammables
such as thinner are kept at Ward Street and will not be stored here.
The Board voted unanimously to grant the Special Permit requested with the following
restrictions: 1.)No storage of oil base paint or infiammabie. liquids: 2.}Ali
storage of materials and equipment shall be cogtained within the building.
The Board found that it could grant the Special Permit requested due to special .
conditions affecting this particular building but not affecting generally the
Zoning District in which it is located. Desirable relief may be granted without
substantial detriment to the public good and be much better than the present use.
A literal enforcement of the provisions of the Zoning Ordinance or By-Law.
SPECIAL PERMIT GRANTED.
APPEALt .. " .. AW. '!:';U "-A^ 'l " S Cis ill , " MASS
es H. Boulger, Jr.
t_.. r _ i_U G Chairman
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OF F,E.J:;J C: Rfii._.,__D AND NOTED Oii THE 06 912S MZTtiiCA;E OF TITLE,
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
of iozzlem, Anssntljusetts
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x,n.. 7 re,mxn CITY OF SALE%MASS.
May 15, 1979
Councillor Stephen P. Lovely Re . 56 Winthrop St, Salem
Councillor Ward #3 Board of Appeal Hearing
City of Salem May 17, 1979
4 Lawrence Street
Salem, Mass. 01970 "
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Dear Councillor Lovely:
In reference to your request for details of concern to storage `
of flammables in the proposed change of occupancy, being presented '
to the Board of Appeals, on May 17, 1979; the following shall apply.
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1. The Salem Fire Prevention Bureau under provisions-of '527 CMR- #140 .,
will issue a permit to an occupancy, which is properly zoned",,. ..
for storage of flammables,
2. This occupancy is presently in an R-2 district, which would ,riot. �*..
permit the fire prevention bureau to issue a permit for storage > .
of excessive flammables or operations of any type which would ,m
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require a permit.
3. However, if the Board of Appeals, should see fit to, grant the
variance, the Salem Building Inspector and myself would inspect
the structure for a certificate of occupancy. Upon inspection . . ' ` ; :
it would be be determined what protection was required for storage.;.
of any flammables and before the occupancy permit was issued ,-wea
would reinspect the premises.
4. The State regulations under which we operate, namely 527 CMR#14,
(Code of Massachusetts Regulations ) and the Salem Fire Code :
-would allow us, if the location is properly zoned, to issue
a permit for up to 165 gallons of Class A, up to 500 gallons of
Class B and up to 1, 000 gallons of Class C flammables. If the
occupant would require any additional storage, the City Council
must issue a License, which is handled in the normal manner, ie: '
;public hearing etc.
The first item of business therefor is to have the Board of Appeals
determine Via feasability of permitting the varience to business useA
for the change in occupancy. ;
Please contact me if you have any furthur questions.
rY.
Resp et1ully Aubmitte ,
Act. Capain David GoJoin
cc: Board of Appeals Salem Fire Marshal
Building Inspector
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Cgitv of 5alral, aa,vachnsrdw, RECEIVED
58 AIN 77
APRIL 5, 1977 CITY Arht\ls
SALEM, MASS.
DECISION ON PETITION Or K. FRANK KONKEL FOR PROPERTY LOCATED AT 56 WINTHROP
STREET (R-2 DISTRICT)
A hearing on this petition was held April 5, 1977 with members John Gray, Jane Lundregan,
Donald Xameq and Associate Members Douglas Hopper and James Boul(jer. present. Notices
were rent to abutters and others in accordance with Mann. General Laws, Chapter HOH, for
a Special Permit to change a non-conforming use (distribution food center) to anothcr
non-conforming use (machine shop for the production of small engineer craft parts.
Atty. Alan Kalikow represented the Petitioner before the Board. The Petitioner stated
that he had a very small scale business which produces small engineer craft parts. The
business is presently located in the cellar of his home. The Petitioner stated that
said business would not cause undo noise or interference to the neighborhood.
Several abutters appeared in opposition to the granting of a Special Permit. The abutters
frit that the granting of the Special Permit would cause their property values to decrease
and would cause a dangerous situation and a noisy situation for the neighborhood .
The Board voted unanimously to deny the Special Permit. The Board found that the Special
Permit use requested, to wit, the use as a machine shop for the production of small
ngineer craft parts, was a use which was detrimental to the neighborhood than the present
in-conforming use. Therefore, the Board felt that it could not grant the Special Permit
ithout derogating from the intent of the Salem zoning by-laws.
PETITION DENIED
Appeal from this decision, if any, shall be made pursuant to Section 17 of the Mass.
Gen. Laws, Chapter 808, and shall be filed within 20 days after the date of filing of this
decision in the office of the City Clerk.
Pursuant to Mass. General Laws, Chapter 808, Section 11, the variance or special permit,
granted herein, shall not take effect until a copy of the decision, bearing the certifi-
.cation of the City Clerk, that 20 days have elapsed and no appeal has been filed, or that,
if such an 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. Copies of this decision have been
filed with the Planning Board and the City Clerk.
SALEM BOARD OF APPEAL
By: J6he T.. Lun6rcg,.n
I Secretary
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745-0213
January 8, 1979
Mr. Albert R. Pitcoff
Attorney at Law
70 Washington Street
Salem, Ma 01970
RE: Property at 56 Winthrop Street and request for
Occupancy Permit for non-conforming use.
Dear Mr. Pitcoff:
It is the considered opinion of this office that the
projected use of the property at 56 Winthrop Street (R-2 District)
as a location for storage of painter's rigging, ladders and
equipment, plus paint, would be a change of use calling for
judgment by the Board of Appeals, and possible issuance of
a special permit applicable to the new tentative occupancy.
Very truly yours,
John B. Powers
Building Inspector and Zoning Enforcement
Officer
JBP:tc
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ALBERT R. PITCOFF
ATTORNEY AT LAW
70 WASHINGTON STREET
SALEM, MASSACHUSETTS 01970 JAN J, 1
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TEL. 744-2172RC" LL',l DLI„
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January 2 , 19T41Y01= S'.i.:C ,1t SS.
Mr. John E. Powers
Building Inspection
One Salem Green
Salem, Massachusetts 01970
RE: Property at 56 Winthrop Street, Salem, Massachusetts
Presently owned by K. Frank Konkel
Dear Mr, Powers :
This is an application for an issuance of azoccupancy permit
relating to the use of a parcel of land at number 56 Winthrop
Street, Salem, which is 4062 square feet in area, and which is
occupied exclusively by a garage structure shown on a plan dated
September 1945 which was recorded on October 15, 1945 with Essex
South District Deeds in Book 3427 , Page 57 . Prior to the year
1945 , the parcel. had been owned by Irene Zarella to whom it had
been conveyed on April 20, 1923 by deed recorded in Book 2547,
Page 259 . Within that time period the garage had been constructed,
and used by the Zarellas who resided in the adjacent parcel at
58 Winthrop Street, and for a number of years the garage parcel
was rented by Surrette Battery and used for storage of batteries.
Irene Zarella conveyed the parcel to Charles Arrigo, et ux by
deed dated October 11 , 1945, recorded in Book 3427 , Page 58 .
From 1945 to the present date, the parcel has been continuously
occupied and used for storage purposes, of food products distri-
buted by Cain' s Products, by Zarella to 1945, thereafter by Armando
Viselli as tenant, thereafter by K. Frank Konkel first as tenant
and later as owner following his acquiring ownership by deed dated
Oct. 7 , 1971 recorded in Book 5809, Page 352 , and since April of
1973 by Konkel' s tenant Arthur Mikelis who occupies it now.
The use for storage of food products distributed by Cain' s has
been uninterrupted since 1945, and now continues as a non-conforming
use. The change of the non-conforming use sought by this applica-
tion is to permit the use of the parcel and structure for storage
purposes only, of painter' s rigging and ladders and equipment and
some paint, and other items commonly used by painters.
Under these circumstances it appears that as a non-conforming
use for storage purposes, an occupancy permit should be issued by
your office for the continuation of the same non-conforming use
which consistsof storage purposes, by the purchaser following the
conveyance to him of the locus parcel.
a +
Mr. John E. Powers
January 2 , 1978
Page 2
If however, you feel that this does indeed constitute
a change of use,and that therefore section 8 of sub-section E
might':therefore be inapplicable; please advise the undersigned
and application for a special permit can then be made to the
Board of Appeals.
Your prompt attention, to;Ithis ,application ,will be greatly
appreciated.
AlberdrR. Pitcoff, 'NttQdzeey
for K. Frank Konkel, pr sent
R owner and agreed seller
Philip Strome, Attorney for
Philip H. Berube, proposed
purchaser under purchase & sale
agreement dated October 27 , 1978
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