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1937-PLANNING BOARD City of Salem City Clerk' s Office, June 5, 1937. To the Planning Board: At a meeting of the City Council held on June 4th, the following petition for zoning change was referred to the Planning Board: 1 South Pine Street, Salem, Massachusetts June 4, 1937. To His Hhnor the Mayor and Members of the City Council: Respectfully represents Helen V. Runnette that she is the owner of certain lands and buildings situated on the corner of • Essex and South Pine Streets in Salem and known as. The Tower School. That under the present ordinances the property is in the residential zone. That the property, is no longer adequate for the purpose of a .school, but could best be utilized for business purposes. Wherefore your petitioner prays that the said zoning ordi- nances be changed in such manner as may be just and proper. Signed: Helen V. Runnette Attest:- � er City of Salem City Clerk' s Office, May 28, 1937 To the Planning Board: At a meeting of the City Council held on May 27th the follow- ing petition for a change of zone was referred to the banning Board: To His Honor the Mayor and Members of the City Council: Respectfully pepresents your petitioner: That he is the owner of certain permises situate on Harrison Ave. , Salem and known as number four thereof; That under the present zoning ordinances of the City of Salem, his property aforesaid is zoned partly in the semi-residence zone, • so-called, and partly in the apartment house zone, so-called; That in the application of said zoning ordinances to his property aforesaid, your petitioner is being restrained and hin- dered in his use thereof by being inequitably deprived of oppor- tunity to do business upon the said premises, and thereby suffers great detriment. Wherefore your petitioner prays that the said zoning ordinances may be changed in their application to the petitioner' s aforesaid property in such manner and to such extent as to your Honorable Body seems meet and just upon consideration of the facts involved. Alfred W. St. Laurent 527 Western Ave. , Lynn, Mass. William H. McSweeney, Attorney 181 Washington St. , Salem, Mass. ^� J Attest:- ( dR ' City Clerk • City of Salem City Clerk' s Office, May 18, 1937 To the Planning Board: At a meeting of the City Council held on May 13th, the following petition was referred to the Planning Board: May 6, 1937 Salem, Mass. To the City Councillors: Dear Sirs: We hereby petition your honorable board to rezone the property of 191 Lafayette St. from apartment zone to business, because at the rear of the building of the said property which is a vacant lot is zone for business. Our aim is to renovate the building thoroughly and establish ourselves in a modern Funeral Home which would enable us to serve the community with better facilities. Thanking you in advance, we are Very truly yours, Ovide Boucher & Son 10 Porter St., Salem, Mass. Ovide Boucher Attest:- City Cler� I i BLAKE BROTHERS & COMPANY NEW YORK.N.Y. IH DEVONSHIRE STREETMEMBERS • 40 WALL STREET NEW YORK STOCK EXCHANGE BOSTON STOCK EXCHANGE CHICAGO.ILL. NEW YORK CURB EXCHANGE 209 SOVTH LA SALLE STREET BOSTON (ASSOCIATE MEMBERS$ June 8, 1937 City Council and Planning Board City of Salem Massachusetts Dear Sirs: I wish to protest against any re- zoning of the property located at the east corner of South Pine Street and Essex Street so that it may be used for any purpose other than° residential. rs very/tau S 17 Flint Street, Salem, GSP/g 7, / v q n,%- JUA' 9 - 1937 9j a t k 76- 1k 9 I • A meeting of.xthe Planning Board was held on Wednesday, June 9, 1937, at 7.30 o' clock P. M. , in the Council Chamber. All the members were present and the. Chairman presided. The Chairman announced that the petition of Helen V. Runnette for a zoning change at the corner of Essex and South Pine Streets had been withdrawn and a hearing would not be held on the same. A hearing was held on the petition of Alfred W. , St. Laurent, to change a semi-residence and apartment -house zone at 4 Harrison Avenue to a business zone . Mr. William H. McSweeney appeared in ,rfavor for the petitioner. He stated that. all but 9 ft . 6 in. of the lot in question is now zoned for semi-residence, The petitioner wishes to use the lower floor of .the building to establish an under- • taking business. The only alterations necessary, as' required by the building laws, would be to change one.. door on front to keep the entrance separate from the two upper tenements. The Building Inspec- tor denied a .permit for, alterations and hearing was held before the Board of Appeal. The neighbors. obJ ected because. the street was narrow and the 'street traffic would be obstructed. The, Board of Appeal denied the petition. The other buildings adjacent on Harrison Avenue are suitable for business. Mr. Dennis H. McCarthy, 3 Harrison '-venue, appeared in opposition because of the narrow street, only 15 feet wide.' Mr . George t'elletier, abuttor on the southerly side, appeared in opposition. Mr. Markey appeared in opposition. Mr. Zenon A. Lavoie, representing owners of house at corner Leavitt Street and narrison Avenue, appeared in opposi- tion. All the oponents stated that there was already too much traffic on the narrow street, with. difficulty in parking ,cars and using drive- 1 ways, and also clearing snow in winter. The hearing was closed. A hearing was held on the petition of Ovide Boucher & Son to • change an apartment house zone at 191 Lafayette Street to. a 'business zone. Mr. M. J. Reardon appeared in favor for the petitioner, and stated that a change to semi-residence only would be required as it was the intention of the petitioner to use the first floor for an undertaking business and to live in the upper floors. The petitioner has been a Tesddent of Salem and in business for over 30 years. Con- ditions on Lafayette Street are changing and it is now impossible to sell the houses there for homes . There should be no objection to the business as it is quiet and inoffensive. Mr. Zenon A. Lavoie, representing the owners' of the house at the corner of Leavitt Street and Harrison Avenue, appeared in. favor. Mr. Leander Fournier appeared. in favor. The following persons were present and were recorded in favor: • Eugene St. Pierre, 64 Ocean Ave.* Joseph Denis, 34 Langdon St.* Corinne Pelletier, 12 Harrison Ave.#John F. Markey, 15 Harrison Ave. # George E. Pelletier, 12 Harrison Ave. ,* Dennis H. McCarthy, 3 Harrison Ave.*Leander Fournier, 14 Harrison Ave. Alyre Theriault, 1 Cherry St . * Edward H. McCarthy, 3 Harrison Ave. Adelard Theriault, 11 Harrison Ave.*Joseph E. Theriault, 220 Canal St.* Wilfred S. Gosselin, 226 Canal St.* Lazare Theriault, 19 Porter St.* Eugene Fournier, 14 Harrison Ave.* Rene E. Lavoie, 4 West Terrace* Moise Lavoie, 4 west Terrace* Mrs . Simon Beaulieu, 19 Leavitt St. Albert Beaulieu Herbert Shepperson, 16 Leavitt St. Alphedo Martineau, 2 Leavitt St. for Alphonse Roy ; Zenon A. Lavoie for Eva LaIdontagne Augustus Chouinard, 38 Salem St. Leo Darisse, 16 Chase St.* Leopold Lavoie, 4 Chase St.* George Boucher, 187 Lfayette St. Alphonse Boucher, 187 Lafayette St .'s Eugene Tremblay, 10z Hancock St. - Alcide Boucher., 27 .Eden St. "ucien Laoie, 4 Chase St. Lucien Audet, 14 Cherry St. Philip Morin, . 2.6 Prince St. Auguste Lavoie, 7 Cherry St . - *Property owners Mr. Harry P. Goldstein, representing Mrs. Annie Goldstein, owner of tenement house opposite lot in question, appeared in opposition. He stated that no changes have been made in the zoning of Lafayette Street • since the adoption of the zoning ordinance. There is a bad traffic problem at this corner and the business will involve traffic congestion L i from time to time. There are no abutting owners in favor end the • owners on both sides of Lafayette Street are opposied. Mr. Goldstein read a petition in opposition which he said he proposed to submit to the City Council. Mr. walker Cahill appeared in favor. Mr. Goldstein stated that a legal decision (263 Mass. 270) estab- lished the fact that an undertaking establishment is a business and quoted a further decision (286 Mass. 469) on an undertaking business in a residence zone. Miss Cimon, for Alfred Cimon, appeared in opposition. The hearing was closed. On motion of Mr. Whitmore, seconded by Mr. Wiswall, it was voted that the Board recommend to the City Council that both petitions be denied, and that the Chairman be empowered to so word the r_ecommen- • dation that it expressed the opinion of the Board. Mr. O'Donnell requested to be excused from voting. The election of officers for the year was then taken up. Mr. Perkins nominated Mr. Pitman as Chairman and he was unanimously elected. Mr. Whitmore nominated Mr. O'Donnell as Secretary and he was unanimously elected. Mr. Whitmore nominated Mr. lviswall as Vice-Chairman and he was unanimously elected. The meeting adjourned at fittest:- Secretary C0P '$ Ire the undorsi raed, exit 2onea of Salem and residents and property owners of Word 5# hereby protest espy change in tbo zoning laws that Brill permit a funeral home at 191 Lafayette Streot, Saalemp M asS. 'fie are strongly of theopinion that the introduction of such a business would seriously effect the residents in the vicinity of tbisa contemplated funeral home. Our district is essentially sa ros3idential one mad the introduction of business of any kind would have a hsarmful effect on the properties located nearby,: Grace R. Waters P61 Lafayette St,. Grace P. Vabb 267 Lafayette St.. uabel S. Newcomb 273 Lafayette St. Rev. .1. 170st Thompson 296 Lafayette St. Geo. A0, Vickery 4-0 ccessa Ave* John A*, DoavT 278 LafeylOtte Ste Cil2ian F. tilkinsont 3W Lafayette St . R. L. Wilkinson WO L afayotto St,.. Jonni.e P, Hydo 274 Lafayette St.. kmle C. ';;'eahnsxon 274 Lafayette St*. Francis V'. Manes c?�t�},Laa�`;€,ayettte St .. arry 'F-1int 40 mmit AVoo 11 yron R* Hutk-hin son 11. Ocean Aver:. 811a L.. Flint 40 Summit. Ave, Laontat A. LeHeuro=; 293 Lafayette Sti pny v. Hamlin 2 Clifton Ave., Elio Morin -Pickering Apt:. Ur., and Crsa. A • R, Cole 520 Lafayette St. Thomas P. ftllivaan 37 Ocean Ave. Irene A Sullivan 37 Ocean Ave. Martha . Horton 332 Lafayette Stw Frank 8 oat 336 Lafayette St W Hres, G. Tt» Pickering i Clifton Ave. Mrs. Laore nce R Peadrick Ur. and Urs. Herbert B,, Morrillt, 56 Ocean Ave Leon H., Rookaell 300 Lafayette , Mrs. Robin Damon 302 Laftayotte St.: f The Planning Board has held a hearing as required by law on the petition of 0 ide Boucher & Son to change an apartment house zone at 191 mix l to a semi-residence zone to allow theiconduct of a business on the first floor of a dwelling house at that location. The Board has voted to recommend to the City Council that the petition be denied for the reason that the Board is now, as it has been in the past, opposed to rezoning an individual lot in a continuous zone such as Lafayette Street, which is xxxxdxfmx an apartment house zone on both sides from Harbor Street to West Avenue . with the exception of two small business zones, at Leach Street and West Avenue, froth of which were used for business prior to the adoption of the zoning ordinance. The Board is further of the opinion that. as Lafayette Street is a heavily travelled street and the corner of Leavitt Street has already presented traffic problems, the conduct of a business of a funeral home, as proposed, at that location would materially increase traffic congestion. The Board has given further consideration to the fact that the petition wasopposed by the owners of the abutting property ud on Lafayette Street and by a number of owners and residents in the vicinity. The Planning Board has held a hearing as required by law on the petition of Alfred W. St. Laurent to change an apartment house zone at 4 Harrison Avenue to a semi-residence zone to allow the conduct of a business on the firtt floor of a dwelling house at that location. The Board has voted to recommend to the City Council that the petition be denied fof the principal reason that the petition for rezoning involves an individual lot and petitioner . The Board has also given consideration to the fact that opposition • was presented by property owners and residents in the neighbor- hood on the ground that the nature of the business proposed to . be conducted, a funeral home, would cause considerable traffic • congestion on Harrison Avenue, which is a narrow street, and believes that this is a further reason for denying the petition. June 24., 1937 To the honorable City Council, Salem, Mass. Gentlemen: The Planning Board respectfully recuests that the City Council file a protest with the State Department of • kublic Works against the billboards in the City which have. been erected illegally and which do not conform with the regulations of the Department. To be .effective, this protest should be recorded before June 30th. Very truky yours, Chairman City of Salem City Clerk' s Office, July 23, 1937 To the Planning Board: At a meeting of the City Council held on July 22nd, the following petition for a change of zone was referred to the Plan- ning Board: Salem, July 20, 1937 To His Honor the Mayor and Members of the City Council: Respectfully represents your petitioner: That she is the owner of certain premises situate in Salem, at the corner of Loring Avenue and Grant Road, bounded and des- cribed as follows: Beginning at the southeasterly corner thereof at land of Ouellette • et ux and thence running on Grant Road 77.08 feet to a point; thence running on a curved line having a radius of 15.12 feet 23.63 feet to a point on Loring Avenue; thence running 48.86 feet on said Loring Avenue in a northerly direction to a bound stone; thence running on said Loring Avenue northerly a little easterly 14.06 ft. to lot 16 as shown in Bo�ock 11 on a Plan recorded with Essex South District Deeds Plan Book 16 Plan 17, thence turning and running 99.00nfeet by said lot 16 to lot 25 as shown on said Plan; thence turning and running 53 feet by said lot 25 to the" point of beginning. That in the application of the zoning ordinances to her property aforesaid, your petitioner is being restrained and hindered in her use thereof, and is being inequitably deprived of opportunity to do business thereon, and otherwise suffers great detriment; and therefore desires that the zoning of her said property be changed from general Sesidence to semi-residence. Wherefore your petitioner prays that the zoning ordinances may be changed in their application to the petitionerfs above described property in such manner and to such extent as to your Honorable Body seems meet and just upon consideration of thebfacts involved. William H. McSweeney, Attorney EM7 F. Dar Pin 181 Washington St. , 1\j 1 Salem, Mass. fittest:- • A meeting of the Planning Board was held on Wednesday, August 41 1937, at eight o'clock P. M. , in the Council Chamber. All the members were present except Mr. Pitman and Mr. Wiswall, and Mr. Perkins presided. A hearing was held on the petition of Emily F. Darling to change a general residence zone at northerly corner of Loring Avenue and Grant Road to a semi-residence zone. Mr. William H. McSweeney appeared in favor for Mrs. Darling and also as a resident living about 300 ft. from the proposed change. Mr. McSweeney stated that the business in question is the Picknook Restaurant, now operated on the opposite corner of Grant Road. The petitioner wishes to build a fine residence with two car garage, and to use part of the first floor for a res- taurant which would close at eight otclock P. M. The lot at present is unattractive and the development would be an improvement to the neighborhood. The only possible objection would come from the parking of the cars of patrons in the vicinity, but there would be no annoyance at late hours at night. The lot was purchased by Mrs . Darling in July for an investment . Mr. P. A. McSweeney appeared in favor . He stated that he believed that the proposed building would be an improvement to the neighborhood. He had formerly been interested in the real estate development of the vicinity. Mr. Edward J. Riley, living in the third house from the corner and a resident of the vicinity for seventeen years, appeared in favor. • Mr. Walker Cahill appeared in favor. Mr. Alphonse S. Bachorowski appeared in opposition for idr . and Mrs. Omer Ouellette abutting owners on Grant Road, having purchase the property and moved there in 1932, with the understanding that the district was zoned for general residence: The only three buildings • used for business in the vicinity .were in existence before the passage . of the zoning -law., -and no zoning changes have ever been made in the entire neighborhood. Mrs. Darling' s petition was dated July 20, 19372 but she did not buy the property until July 27, 1937, and pecuniary hardship is the only reason given by her for the petition. With the large number of cars parked near the restaurant and with the street ritilway buses going through Grant Road there is a serious traffic congestion. If the lot is rezoned for semi-residence, there can be no restriction on the kind of business to occupy the first floor. There are certain annoyances about the restaurant business which might makes it difficult for 0uellettes to let tenement in their house . The purpose of zoning law, as established by Court decisions, is the pro- tection of property rights. • Mr. James Robinson, Mr. Charles I. Leman, Mrs. B. J. Spellman, Mrs. J. H. Spellman, appeared in opposition. A petition in opposition from Mrs. Aurore Moreau was read. Mr. McSweeney spoke on the taxes which the City would obtain from the property, if developed. Mr. Denis and Mr. Frank Gallagher appeared in favor. Mr. Rachorowski stated that if any rezoning on Loring Avenue was contemplated it would advisable to rezone the whole side of the street rather than one lot. Ten persons present were recorded in favor and nine in opposition. The hearing was closed .and the Board took the matter under .con- sideration. • The meeting adjourned at- 9.20 o1clock P. M , Attest:- 4/ecoretary '^ August 4 1937 180 Loring AT** Salem Mass. Planing Board City Of Salem: • Dear Sirs: I With To Be Placed On Record Ail Opposed To The Rezoning At The Corner Of Grant Road And Loring Are. Sales Ms6as. From A Residential Section. A t Present I An Building My Home At The Corner Of Moffett Road And Loring Ave. Salm Mass. Whieh Is Acsross. The Street. I Would Lire To Have That Section Remain Strictly A Residential Section. I Believe That It Would Depreciate My Property A. Great Deal If The Zoning Is Changed. Yours Truly Mrs. Aurora Moreau 180 Loring Ayes Salem Mass. The undersigned residents, neighbors and property owners of, Pick= Park and living contiguous to the premises Corner of Grant .Road and :goring Avenue, Salem, owned by L,rs. Emily F. Darling, hereby assent to the petition and Recommend that the Zoning Ordinances be changed to permit her to erect and maintain a combination store and dwelling house for the pu oses of conducting a restaurant. 13 7a A '0A /X V "I r-le • • i i The undersigned residents , neighbors and property .owners of Pickman 1'ark and living contiguous to the premises NCorner of Grant Road and Loring Avenue, Salem, owned byy Mrs . Emily F. Darlingg, hereby assent to the petition and recommend that the ''Zoning Ordinances be changed to permit her to erect and maintain a combination store and dwelling house for the purposes of conduct- � ling a restaurant . tt loele - ' - E IdT p U�+iV • i� !E < 9h 00 . I • • w` e 1 r t• I q The undersigned residents , neighbors and property owners of Pickman Park and living contiguous to the premises ICorner of Grant Road and Loring Avenue, Salem, owned by Mrs. Emily F. Darling, hereby assent to the petition and recommend that the Zoning Ordinances be changed to permit her to erect and maintain , a combination store and dwelling house for the purposes of conduct- ing a restaurant . 1 2 J 43 Cr-A 02 40) 47 Al /l sa I `�3 �! v { ,III ri �I August 12, 1937 i To the Honorable City Council, Salem, Mass. Gentlemen: The Planning Board has held a hearing, as required by lawn on the petition of Emily F. Darling to change a general residence zone at the northerly corner of Loring Avenue and Grant Road to a semi-residence zone. The Board recommends to the City Council that the petition be denied for the reason that the Board is opposed to rezoning an . individual lot in a continuous zone. Loring Avenue and the streets leading from it are exclusively zoned for general residence from the junction of Jefferson Avenue to State Road, and the few buildings used for business purposes in this district were in existence prior to the enactment of the zoning ordinance. The Board is further of the opinion that, from the evidence presented, there is no public necessity or demand for a change of zone at the location in question. Respectfully submitted, Secretary City of Salem City Clerk' s Office, November 15, 1937 To the Planning Board: At a meeting of the City Council held on November 12th, the following petition for a change in the zoning ordinance was referred to the Planning Board: 193 Federal St. , Salem, Plass. Nov. 1, 1937 To the City Council: Gentlemen: I hereby apply to change a general residence zone at 19 Washington Square West to a business zone to all on its bse as a Mortuary Establishment. This change would extend the existing business zone on Brown Street about a 100 feet northeasterly. Very truly yours, William E. Haywood, 2nd Attest:- City Clerk i City of Salem City Clerks Office, November 15, 1937 To the Planning Board: At a meeting of the City Council held on November 12th, the following petition for a change in the zoning ordinance was referred to the Planning Board: Salem, Nov. 12, 1937 To the Honorable Board City Council,Salem, Mass. We the undersign do hereby apply to have the property hereinafter described changed from a residential to business zone. Beginning at the southwesterly line of Cauldfield at 420 Essex St. and running by land of Kenney 118.13 feet and continuing south- westerly by land of Creedon about 288 feet following the line of Essex St . to a point 5 feet northeasterly of the dwelling house of • said Creedon, thence running northwesterly on a line parallel to and 5 feet northeasterly from the dwelling house of said Creedon about 100 feet to land at present zoned as industrial thence running north- easterly, bounded northwesterly by land now zoned as industrial about 240 feet across land of Creedon and about 146 feet across land of Kenney to land of Cauldfield about 100 ft. to point of beginning. Intending to include all land now zoned as general residence between Essex St. on the southeast and rear land now zoned as industrial on the northeast land of Cauldfield on the northeast and a line 5 feet from and parallel to the dwelling of house of Creedon on the southwest. Albert F. Kenney Patrick J. Creedon Attest:- City Clerk l_ A meeting of the Planning Board was held on- Friday, December 3rd, 1937, at eight o'clock P. M. , in the Council Chamber. till the members were present except Mr. Pitman and Mr. Wiswall presided. A hearing was held on the petition of William E. Haywood, 2nd, to change a general residence zone at 19 ,hashington Square West to a business zone for use as a mortuary establishment. Mr. Alphonse S. Bachorowski appeared in favor as attorney for the petitioner and stated that in view of opposition, the petitioner requested leave to withdraw without prejudice. Mr. Fred W. McCarthy, attorney for the opponents, requested that they be given an opportunity to express themselves . Mr. J. E. Wiggin stated that he appeared in opposition and was opposed to withdrawal of the petition. • Mr. Bachorowski requested that the petition be corrected so that it would provide for a change to a semi-residence zone and not a business zone. He then traced the history of the streets located around Salem Common, their names having been changed to Washington Square in 1880. In his opinion the property numbered 19 1,ashington Square is actually on Brown Street where it is adjacent to the business zone in which the house of Mr. Wiggin is located. The petition is not for rezoning of a single lot but for the extension of an existing zone. Whatever business might occupy the first floor could be controlled by the City Council through licensing. The Executive Committee of the Second Church had authorized him to state that they had no objec- tion to the allowance of the petition and Dr. Elliot .is not opposed. The petitioner has an option to purchase and proposed to live in the house and use it as an undertaking establishment, making no exterior changes in the building. Kimball Court is apparently a public way and there would he no depreciation of surrounding property . Mr. McCarthy presented two petitions in opposition.. He stated that his clients do not object to Mr . Haywood but are opposed to any • petition to allow a business in Salem' s finest residential section, with historical associations and background. There is no unnecessary hardship involved in the petition and the relief sought is a "sub- stantial derrogation and variation of 'the• intent and purpose of the zoning law" . (Mr. Wiswall corrected the attorney by stating that this quotation relates to Board of Appeal decisions. Mr. McCarthy agreed.) There is no demand for a business use of this building and the Court has ruled that financial reasons are not sufficient excuse for rezoning. The proximity of the Bertram Home for -Aged Men is a further reason for opposition. The congested traffic conditions at- this location caused by the junction of Brown . Street and Washington Square and the Roger Conant Monument would be increased by the estab- lishment of such a business. Once the property -is rezoned any busi- • ness could be conducted in what is now a home neighborhood represent- ing a considerable investment by his clients. Mr. Wiggin appeared in opposition and stated that a Land Court decision gave him the right to Kimball Court, the use of the court being divided among the abuttors. Mr. Francis Brown appeared in opposition, also representing Mrs . F. H. Brown and the Bertram Home. Mr. Frank P. Cronan and Miss Hilda Clark appeared in' opposition. Mr. Bachorowski stated that a business, a gift shop, had been formerly located in this house. He expressed himself as willing to have the case decided on its merits . The hearing was "closed. A hearing was held on the petition of Albert F. Kenney and Patrick J. Creedon to change a general ,residence zone southwesterly of 420 Essex Street to a business zone: Mr. Kenney appeared in favor • and stated that he has no wish to us& the land for any objectionable purpose. k gasoline station would improve the lot. There is a grocery store at the corner of Boston Street, then a store for retreading tires, a laundry, a tailor shop and three houses. The land in question adjoins the Carlin house, then a public garage, a house and a house with barber shop and shoe business. His family has owned part of this land since 1846 and the rest was bought after the Salem Fire. He has no purchaser in view at present and would prefer not to sell .the property. He cannot rent it for residential purposes but would like to wee a .filling station go in as this would leave considerable open space . . Mrs . Kenney appeared in favor and asked that some relief' be given from paying taxes for so long on unproductive property. Mr. DID onnell asked if any of the land could be sold for a house . • Mr. Kenney replied that one lot might be, but not the one next to the garage. Mrs. Kenney stated that the original draft of the zoning plan placed this property in a business zone, but it wqs changed to gener- al residence before the ordinance was adopted. Mr . Fred W. Mc`'arthy. appeared in opposition for Mrs . Helen Carlin, owner of the property at 420 Essex Street, Henry Oargent, owner of prop- erty at 418 Essex Street, J. A. Hoar, tenant at 418 Essex Street, and Catherine Grady, Mrs . Carlin' s agent . He stated that the change of this locality to business would increase the noise and confusion caused by business already existing in the vicinity. The houses of the opponents were purchased shortly after the fire and the taxes on them are fairly high. The petitioner has made no attempt to sell the property for general residences purposes. Mr. uuiswall called his attention to the fact that the opponents were not protected by the zoning ordinance when they purchased their properties. Mr. McCarthy replied that they had been protected since • 1926 and any substantial variation of the ordinance would be a detriment to his clients. He cited a Boston case of apparent hardship which was denied. He called attention to the traffic of school children to Salem High School and additional business would further obstruct the approach to and 'view of -Salem High'-. School and Salem Hospital. He argued that this is an example of "spot" zoning which is unreasonable and undesirable. 'Mr. -Kenney statedd ;that• if the lot next to the Carlin property was used for residents purposes the house• would lie,erectad five- feet-from the Carlin*line' anewt�iould b.e -therefore more-dem-" mentalthan a faing{ stati©n- which• .would iave;more open space. ll He reminded the Bo&ird that' he had pa-id ' taxes on th6 -properAy for twenty years. without receiving .any. income:-fr-om =.it ,. 'x Tnc hearing was closedi «- _ On motion of Mr.: G':hiti9ore, it wds:::vot,ed .tha t ;the following communication.b.e-.sent. to. theCity, Council:- � y -.. i •" ' �4.. r. 4i as 77 r _ 1 - tp I I � 1 -4 I I o I I I 12 10 II g 6 4 2 i I i • ' I BROWN ST. / � I i 1 1 5 3 1 1 I � I � / T l I - 5TRELT LINE5 A5 5HO%VN I ON PLAN OF C.A.PUTNAM � DATED JUNE 1851. I FROM CITY ZONING MAP BUSINESS IWASH, APARTMENT HOUSE 3 SQ. SOIJ C� BEFORE THE PL ANIS M HOARD -. CITY OF i In the Mtter Of:" yPOtItiOn Of' William E. Haywood, 2nd,51 to change ageneral residenoe zone at .19 Washington-Square to a business zone* .. " Ccrose now your• protestants and object to the granting of the ' . petition as `prayed for the following reasons „ ii . The location aOught 'tIa be re-zoned ie in Salem,s finesteei dential section, rich With an historiaal ,end architectural backgroand • _ 2� The location sought to be re-zoned contains many old Colonial hOMOs Which are a monument to the traditions of old Saiem, and which contribute immeasurably to the civic beauty of our citg _ 3. The enforcement of �the'zoning law as it nox applies does not " work "unnecessary hardship" on the owner of this building. #. , TO grant the relief prayed for would be a substantial deroga- " _• tion from the intent and purpose of the zoning ordinance.. S, The stability of the neighborhood, and than protection of the 9 property ©t'• others in the vicinity would�be materially:affeot ed ,and depressed. B. The neighbors are not in accord in spproAngthis variation, and ,a� majority stoutly oppo0e• it. . - 7 " Q"p vPoz by szaa*+arnror-b'veuraaoEt ror-oualnes . S. ' Therm is no public •need ' for an undertaking' establishment which is a business or oommeroal enterprise. 9. The power vested'in your honorable Board to vary the applica tion of the zoning laws is to be Oaerais3ea' sparingly.' 10 The financial situation or,peouuiark 'hardship of the: owner in ,.0 a renting or'.otherwise dirsposing of, :thin property Affords no ad- equate ground -for the exercise of this 'eatraordinary power affecting ether Property owners as well as the public in ,general.•' 11: ThO close proximity of. the Bertram. home for Aged Mena 12' The hazardous traffic conditions which would be aggravated 'at . the location sought to be re-zoned: . 13. The :City Council does not ,possess the power to restrict to one ' kind of business alone, but, must open the location to all 'busi- •tens within the meaning of the ,zoning laws. 414 . City planning ought to encourage the design and development of Oeoh neighborhood so that it shall, be a self-contained unit in the .pattern of a city. In such a unite home ownership 'and 'am- munity pride would- be;mcre or lose-con comitant. ' WHMYCRE, your prctestauts respectfully request ,your hon- . arable Board to recommend to the Gity Council that the petitioner, be given-leave to withdraw.: r° ` �., i { 9' r - R i, IN To the Honorable' Membe'rs of the Plannini Board and CityTCouncil, Salem, Massachusetts We,' the -undersigned, residents and/or property'owners .of "Ward 2 at -Wash-, * ington Square.or, the vicinity, thereof., hereby object without reservation of any kind,' to the pettion .of William H. "'Haywood, 2nd, to change a. gen-` a - ... y a K., I$•"' ,n s; a �:4 a% E7 �k `taL.. :. Rp e I " eral"residence zpnb -at No. '19 Washington"'Square to a business zone, and, respectfully+request that thepetitinn'be deniea, ;and dismissed by .the -Planning Board ' in.its recommendation; and, by"'the City council .in its -ac- 'tionthereon.. Name- a Address N47 Oj 444 CJ w;�s s }. ° r y t y N r > ,1:. ... •3` Petition to Planning Board and City Council ; ;'Pae 2 s Name Address PFS V4 R {M f' \lf • .�. _ .v�$ , l� Y a - x•�. � - .. � } .... it , n p r 4�) • ne , r Y b � • t • f, f s �4. r a � k e Y 1. • - F f n •7 i t. .. J • r a C Y r _ � � _ �. � � ___._�_. .____._. - - � - . _._�_ - .-�_ x � . � - _ - ��-, w�'r +R�S° ; , u ;., r • To the Honorable Members of the Planning Board 'and City Council, .Salem, Massachusetts We, the undersigned, residents and/or property owners of Ward 2 at Wash- ington Square or the vicinity thereof,. hereby object without reservation ` of any kind, _ to'rthe petition of 'William E._ Haywgod, 2nd, sto' change a gen- 4-.0erai residente' zone' at 'Io,-' 1-9-Wasliington 8quardlt6 aMbusiness`ione, and respectfully request that the petition. be denied and dismissed by the . Planning Board in its recommendation, and by the City Council in its ac-tion thereon.: dame Address ..._ . CZT _ f F#+., Z%'.Sf jam' - •4 _ +✓Y` r -�.Fx hy, � ...�� cya" .3 w' _:, �'Yxf�c.y-e`.�.rw�.:..?;T�.'�' V"�[�y. At/ e " w f v x .✓f yl I�Y.�Cw/1.+ i"' I(?�J.'9'f"'w';--1,�..�r'►'+..�' / '7J ��'�1�-'A�'+` '� ,.. • . .._. ., f .,-pp�n�„-�... .. w.._; -. n_,..w�«�y�a-_•��"' .t. . � �%�7�i ..� -a -1. --1/[� •,...w„4.,r 4A r�' r ¢• BEFORE `THE PLANNING BOARD = CITY OF SALEM ' In the matter of: a Petit on of A.F. Kenney et al to change , e general residence zone ,at 424-436 Essex St. , to a business zone. Come now your 'protestants and object to the granting of .the peti- tion as prayed•.for for -the following reasons: •1. The enforcement of the zoning law as it "now applies does ;not 'work } "unnecessary hardship" on the owner of this land.' 2. To grant the relief prayed for would be ,a substantial derogation from ' the intent and purpose of the zoning, ordinance. 3, The neighbors are not in accord .in approvipf,'this variation, and' many stoutly oppose it: 40 Four '(4) .previous petitions for the. same-location 'have been rejected. 5. 'No new facts, circumstances, or conditions presented which did not exist it, the prior hearings. 6. The City Council does-not possess the power 'to.restriet to.. one'kind of businessalone, but must open `the location to all business with- in the meaning of the zoning laws. 7. The :financial situation or pecuniary hardship of the owner in sell-;' ing or otherwise disposing of this property affords no adequate ground for:-the e$ereise of this extraordinary 'power affecting other property:, owners as 'well as the public in general: 8. Ai aggregate 'of 1600 school children attending the High School each` ' school day travel- thru• or past the .proposed location. z A 90 _ The location referred to is on the direct route taken by'the police ambulance and -others seeking .first-aid at `the Salem Hospital.. •10 . The petitioners have made no serious attempt to sell the property. 11 " There is vacant and unlimited space in other ,parts of the. city equally suitable for any business:proposed. 12> The location of a fire station directly opposite demands less auto- mobile traffic, parked or in motion,: rather than less. 13 The City of Salem may wish to acquire `some of this land in the future • for„ a.,right of way to the May Street playground. `14 The approach to the High School and Salem Hospital will not be .further. improved :by additional business, at that point. 15 The Massachusetts Supreme Judicial Court has held thet, so-called ."spot, zoning" is illegal, unreasonable, and void.. 16' The. atability of the neighborhood, andNthe proteotion' of the property of others in the .vicinity would be-materially affected and depressed. P 't }' WHEREFORE; your-,protestants respectfully request. your honorable , • ' Board to 'reoommend to the City Council that the petitioners. .be given ; leave to withdraw,, and that further, in view of the foregoing .facts and circumstances, the petition be dismissed. MURPHY and McCARTHY' ' Dec. 39 1937 ' . _ ._-�_ 1 _ . _.. .._ :a.- i • December 4, 1937 To the Honorable City- Council, Saleml Massachusetts Dear sirs: The .petition. of William E. Haywood, 2nd, dated. november 1, 1:337, for a change of zone at 19 6ashington 6quare Mestand. the peti- tion of Albert P. Kenney and :Patrick Greedon fora "c±aange of zone of land on Essex Street running southwesterly froth the house numbered 420 Essex Street were referred to this Board � oven 6r� 12:1. i9$7. Public hearings were given to the aeti.tio-ners oh De'cembe' r .., 1937. Petition :of William E. Havwo.od.44nd The petitioner -in his petition applied for a change ,fr'om i,eneral residence to business of a single 16t of laftd with. frame house at 19 V+ashington Square nest. Ile, .vas'represented by counsel who asked leave to withdra .the petition. This request vias opposed by the owner. of' .tne &djacent property . The hearing I.was =rie1'd on 'tle merits of the petition. There, was .substantial opposition to the allowance of the -petition by tate owner.s 'of the aropc,rty adjEt.c6nt to and situated noar' the property whichwas' the subject :to the . petition. The Board is' of the opinion that there are no circumstances .whfdh subgest a change of zoning with respect to this sroperty and' recommend that the petition be denied. Petition of Albert F. Kenney and YGtrick. Creedon The petitioner appeared in person in sip;;ort of his peti- tion fora change from general residence to ' business" and was' oifos.ed by counsel representing the owners of the property , vt 418 and 420 Essex Street immediately north.e6s.t of the property in question. Petitiotas involving part of the sa;mc- property have been bei ore this 73o rd' on two previous- occasions and in'each instance the bb rd" has r'eco mended denial .of ;the petition. Pio change of circutstances were represented by the petitioner as having occurred4 since the last petition,' The Board is opposed to rezoning of individual p rc6ls of property. The nature. of the use which should be permitted of the proper- ty on the westerly, side-of Essex Street im'mehia'tely, south of the inter- section with Boston Street is a question not without difficulty, but if any change in zone at that point should beseriously ticon- sidered it should involve a continuous strip and not an individual parcel of property. The Hoard recommends that this petition be denied. 'lespectfuily submitted, The Board adjourned at 10 .15 o' clock P. M. Attest: - Secretary