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1978-ZONING BOARD OF APPEALS ��� ; lov rHtodJ ;, of 2dem, Anssar4use##s �► � 28>mb of Meat OCTOBER 26, 1978 MINUTES OF THE MEETING OF THE BOARD OF APPEAL HELD ON 'THURSDAY, OCT. 26, 1978 On Thursday, October 26, 1978, the members of the Board of Appeal met in open session for a public hearing. Said hearing was duly published in the Salem Evening News on Oct. lit and 19, 1978 and notices were sent postpaid to abutters and others in accordance with Mass. General Laws, Chapter 808. Upon roll call the following answered present: Jane Lundregan, Donald Eames, Arthur Labrecque, Douglas Hopper, James Boulger and Alternate Member, John Nutting. The Chairman recommended the Board table approval of the minutes of the Oct. 10, 1978 meeting, which was recessed until Oct. 19th, until the next meeting of the Board. A letter was read from Mr. Robert Bramble of Allyn Realty Trust, requesting that he be allowed to withdraw his petition without prejudice for a Special Permit and Variance for property located at 124 Derby St. Since John Nutting was a voting member of the Board at the hearing held for Mr. • Bramble, the Chairman appointed John Nutting as a voting case. for this particular case. .] A motion was made by Douglas Hopper, seconded by Arthur Labrecque, and by roll call, unanimously voted to accept the request for withdrawal without prejudice. Mr. Nutting resumed hA position on the Board as an Alternate Member. A letter was read from Mary Jenning and Philip Hansbury (on file) questioning the legality of the Board of Appeal meeting in regard to the Pickering Wharf area as discussed at the meeting held Oct. 19, 1978. The Chairman noted that the Board followed all the legal requirements and recommended the letter be turned over to the City Solicitor. The Board held its hearing on the petitions submitted, as read by the Secretary. 97 Boston Street - Gerald Selznick (Salem Aluminum Window) Mr. Charles Manning, 276 Essex Street, Salem, represented the Petitioner. The Petitioner is requesting a variance on the property in order to erect a 20 ft. x 20 ft. addition to the existing building. The Board was advised that in 1971 the Board did grant the Petitioner a Special Permit to alter and modernize the first floor of the building and further provided that the second floor of the building would remain vacant. That has been complied with. The Petitioner wishes to erect a 20 ft. x 20 ft. storage area for his materials used in the business. There is 5,000 sq. ft. of land in the area where the addition would be constructed. This will help him in the operation of his business. 10/ MINUTES OF THE HEARING HELD OCT. 26, 1978 page 2 No one appeared in favor or in opposition to the petition. Discussion - D. Hopper questioned why the second floor could not be used for storage. Mr. Hopper was advised that the material is teo heavy and could not be carried up to-the second floor. Right now there are only odds and ends stored up there. J. Lundregan noted that the area is large enough for a small addition. The area in question is not really a residential area. Motion was made by Jane Lundregan, seconded by Arthur Labrecque and by roll call it was unanimously voted to grant the Special Permit requested. SPECIAL PERMIT GRANTED ************* 11 Hersey Street - Robert J. Armstrong Mr. Armstrong represented himself before the Board. He is requesting a Special Permit for the dwelling at 11 Hersey St. for use of the building as a three family dwelling in an R-2 District. The property was purchased by Mr. Armstrong as a three family dwelling. It has been assessed as such by the City of Salem for over 7 years. Mr. Armstrong presented photographs,of the building showing that the upstairs had • been added on by one of the previous owners which were to be used as bedrooms at that time. Since then the second floor had been converted to another apartment prior to his purchase of the building. When he bought the building he was told that it is a three family structure. Mr. Armstrong presented a write-up from the real estate agent to confirm that the was told it was a three family dwelling. There was a small fire in the roof section and the Fire Dept. reported that it was not a legal three family dwelling. Mr. Armstrong noted that they have only two stairways for egress. Speaking in Favor - Anita Gauthier, 7 Hersey St. stated that they have been next door for 8 years and they never had any problems with the tenants. No one appeared in opposition J. Lundregan noted that the property has been used as a three family building without any problem. A motion was made by Douglas Hopper, seconded by Arthur Labrecque, and by roll call, unanimously voted to grant the Special Permit for three family use with the condition that it be owner occupied and t}e Special Permit will terminate with the future sale of the property.) Ci ', _�Z'P, 4`` ,' Q . L, . SPECIAL PERMIT GRANTED WITH RESTRICTIONS ********** 1 MINUTES OF THE BOARD OF APPEAL HEARING HELD OCT. 26, 1978 Page 3 • 20 COMMERCIAL STREET - BERGERON BATH $ KITCHEN (Paul Lyons) Mr. Paul Lyons, 3S1 Jefferson Ave. , Salem, represented himself before the Board noting that he would like to erect a 30 ft. x 3 ft. sign over his building due to the fact that he is in such a location on this particular street that his business cannot be seen from the main road. If he does not have this roof top sign nobody will know that he is there. The sign will not bother anyone. A petition was presented from the nearest abutters noting that they have no objection. The proposed sign is in violation of the Salem Sign Ordinance. Mr. Lyons noted the sign will be silouetted against the roof. Mr. Nutting commended Mr. Lyons for locating his business in that area and noted that anyone down in that area needs a sign. D. Eames agreed with Mr. Nutting. No one appeared in favor Speaking in opposition - Gregory Senko, Salem City Planner. Mr. Senko presented photographs with an overlay of alternatives to the sign presented by Mr. Lyons, which Mr. Senko felt would resolve the sign problem. Mr. Senko noted that the major problem is visibility from Bridge St. and suggested that a sign could go on the side of the building and Mr. Lyons could have a free standing sign on his property line which is within the Zoning Ordinance. Mr. Senko stated that he does not see a hardship in this case. The proposed sign is also oversized. W. Lyons noted that if the sign was on the face of the building, it cannot be seen from Bridge St. since he is 100 ft. back from North St. He stated that he has put a lot of money into the building and feels that a roof sign is the only thing that will work for him. He needs the sign desperately. Discussion - The Chairman noted that the City has a sign ordinance. The Planning Dept. has presented alternatives. The Board must realize that it could be detrimental to the public as a whole. The Planning Dept. has recommended that a free standing sign, at high altitude, could be visible from different directions. Jane Lundregan noted the issue is that he has a hardship in this case. There is some evidence of hardship in that the sign cannot be seen from the main street and by granting the variance for this particular sign she did not feel that it would be opening the door to everyone to do the same thing. Douglas Hopper noted that the City Planner has convinced him that he can get as much visibility from the alternative suggestions. A motion was made by Douglas Hopper to deny the petition on the grounds that there is not a substantial hardship shown. Motion was not carried by a second. MINUTES OF THE BOARD OF APPEAL HEARING OCT. 26, 1978 Page 4 1.+ A motion was made by Donald Eames, seconded by Arthur Labrecque, to approve the petition on the violation of the sign ordinance on the grounds that the sign will not be detrimental to the public and feels that there is a hardship since the building is set back off the road and he has put a lot of money into the business; and that Mr. Lyons work with the City Planner on the size of the letters and style of the sign. By roll call the following voted to grant the variance: Janen Lundregan, Donald Eames, Arthur Labrecque and James Boulger. Douglas Hopper voted to deny the petition. VARIANCE DENIED (unanimous vote necessary for approval under the sign ordinance regulations.) 43 Jefferson Ave. - Vincent R. "Kudirka (Pres. of U-Haul Co. of Boston) Atty. J. Fitzgibbon, S43 Washington St. , Brookline, represented the Petitioner before the Board, requesting a Special Permit to use the property as follows: 1) rental of U-Haul trucks, trailers and related equipment; 2) outside storage of U-Haul trucks, trailers, and related equipment; 3) retail sale of related equipment; 4) installation of hitches; 5) minor repair and maintenance of U-Haul trucks and trailers; 6) the underground storage and sale of gasoline and lubricating oil; 7) temporary storage and warehousing of customer goods. Mr. Fitzgibbon noted that they would remove the existing 6 tanks that are there on the property for parking purposes. The existing building is to be used as an office. • The rear building will be for storage use. There will be possibly 22-25 trucks and trailers on the property at one time. All minor repairs will be done inside one of the buildings. The proposed operation would reduce the use of the property. Removal of the existing tanks will remove a danger to the neighborhood.. The new gas tanks that will be installed will be approximately 120 ft. away from arry vehicle. No one appeared in favor or in opposition to the petition. Discussion - It was noted that this is an Industrial District. The Petitioners were asked about paving the area and they agreed to comply. The Petitioners agreed to consult with the City Engineer in regard to the drainage system. Mr. Nutting noted that he would hate to see another Bridge St. area created on Jefferson Ave. The Board questioned the hours of operation. The Petitioners noted that the busi- ness hours would be from 7:00 A.M. to 8: 30 P.M. A motion was made by Arthur Labrecque, seconded by Donald Eames, and by roll call, unanimously voted, to approve the Special Permit requested with the following restrictions: 1. Fuel tanks will be underground; 2. Special Permit will be in force for this owner only; 3. The Petitioner will consult with the City Engineer on the drainage system, necessary lighting 4. Gas supply is to be used for in-house use only. tiZ MINIMS OF THE BOARD OF APPEAL HEARING FIELD OCT. 26, 1978 Page 5 A motion was duly made, seconded and unanimously voted that the approval of the •Special Permit is conditional to approval of the Salem Planning Board and the City Engineer in regard to Section VII, Wetlands District, in regard to paving, drainage, installation for the underground tanks and flood insurance. Motion carried. a-c2,,t SPECIAL PERMIT GRANTED WITH CONDITIONS ********* 41-45 Forrester St. - Lillian S. Hill Atty. Robert S. Raymond, 70 Washington St. , represented the Petitioner before the Board. Mr. Raymond presented a memorandum (on file) in support of the Petition. The Board was advised that Lillian Hill is an elderly person, in a nursing home at the present time, who owns the parcel of land on Forrester St. with two buildings located on the land. She wishes to sell one of the buildings and in order to do so the parcel would have to be divided into two individual parcels. Mrs. Hill finds it necessary to sell one of the buildings to pay her expenses in the nursing home and hopes to keep the other building so that she would have a home to return t4.,. at some future time. Her property is the only parcel in the district which has a full scale apartment building on it and her land is twice as large as any parcel in this R-2 District. If she were not granted a variance, it would be a substantial hardship. The market of the property would be greatly deminished if it were to be sold as a package. There would be no disturbance to the neighborhood. Everything would remain the same. There would be no additional burden on the property and no structural changes. With respect to 45 Forrester St. , the corner is of a triangular shape and could accommodate parking. '• Speaking in favor - Atty.. Sumner Raymond No one appeared in opposition to the petition. Discussion - D. Hopper felt that there is an obvious hardship - parking should not enter into this. To use the corner piece for parking would not be visually desirable. There is no increase in density. A motion was made by Douglas Hopper, seconded by Jane Lundregan, to grant the variance requested. By roll call the following voted to grant the petition: Jane Lundregan, Douglas Hopper and Arthur Labrecque. Donald Eames and James Boulger voted to deny the petition. A motion was made by Jane Lundregan, seconded by Douglas Hopper, to reconsider the vote. By roll call the following voted for reconsideration: Jane Lundregan, Douglas Hopper and Arthur Labrecque. Not in favor of reconsideration: Donald Eames and James Boulger. Motion carried. Although he is not a voting member, John Nutting stated for the record that he is in favor of the petition. A motion was made by James Boulger, seconded by Arthur Labrecque, that the variance argranted for the division of one parcel into two 'undersized parcels of land at 41-45 rester St. , one of which has parking for two cars, in the garage and parking must be provided for the second parcel. By roll call it was unanimously voted to grant the variance with the above conditions. Motion carried. VARIANCE GRANTED WITH CONDITIONS ******** MINUTES OF THE BOARD OF APPEAL HEARING HELD OCT. 26, 1978 Page 6 46.4-20 Verona St. - Frank Romano Atty. John Serafini, 65 Federal St. , Salem, represented the Petitioner before the Board requesting a variance from the 15,000 sq. ft. requirement in order that the four lots at 14-20 Verona St. may be combined into two large lots, each containing 10,913 sq. ft. The Petitioner plans to build a single family dwelling for himself and sell the other lot to his sister who will build another single family dwelling. Both buildings will be owner occupied. If Mr. Romano is not allowed to go ahead, it will create a substantial hardship. The lots were laid out in 1925 before the zoning went into effect. George Walsh, 18 Cloverdale Ave. , questioned the distance the new building would be located from his land. Mr. Walsh was advised that it would be 100 feet from his property. Speaking in opposition - Mr. William Porcello felt that one house could be built on the site but the soil conditions could not tolerate two houses on that one site. Mr. Porcello explained the problems he and his neighbors are having and have had over a number of years with the drainage in that area and the surface water that has been causing everyone extensive problems. Mr. Serafini noted that Mr. Pocello's comments are well taken but the water problem and whether the variance should be granted, are two different matters. The City should be advised of the problem in that area. The Board considered the matter and a motion was made by Donald Eames, seconded by Arthur Labrecque to grant the variance requested to divide the four lots into two lots d refer the matter to the Planning Board. By roll call the following voted to grant the variance: Douglas Hopper, Donald Eames, Arthur Labrecque, James Boulger. Jane Lundregan voted to deny the petition. VARIANCE GRANTED x********* 108 Congress St. - John W. Keefe Atty. Jacob Segal, S9 Federal St. , Salem, represented the Petitioner before the Board. Atty. Segal noted that he was called in at the last minute to represent the Petitioner. Mr. Keefe is asked that he be allowed to retain the existing fence. It is a fence that was erected in the same location as the fence that was there prior to 1951. Mr. Keefe's fence is six feet high and slopes down to 5 ft. Back in 1978 the City plowed the snow against the fence causing damage to the fence. Mr. Segal presented photographs of the old fence showing its location on the site. The issue is that the fence is at an intersection of Leavitt and Congress St. The fence cost approximately $2,000 to erect and $400 for stain. It is not located in the area of a four way street. There is -a stop sign to control the traffic. No one appeared in favor or in opposition to the petition. John Nutting noted that he is in favor of the petition, although not a voting member. He has looked at the area and noted that there is traffic control. MINUTES OF THE BOARD OF APPEAL HEARING HELD OCT. 26, 1978 Page 7 • A motion was made by Douglas Hopper, seconded by Jane Lundregan, to grant the variance on the existing height of the fence that is in violation of Section VII, G of the Zoning Ordinance. By roll call the following voted in favor: Jane Lundregan, Douglas Hopper, Donald Eames and Arthur Labrecque. James Boulger stated "no vote." VARIANCE GRANTED ******** 333 Bridge St. - Edmund Morneau Atty. John Serafini, 65 Federal St. , Salem, represented the Petitioner before the Board requesting a Special Permit to store and offer for sale no more than six used vehicles at one time. ` The Board was advised that the premises has been a gas station for 30 years. Mr. Wetmore, the owner of the property,'was granted a variance in 1952 to permit the rear section of the property as a parking lot for private and commercial vehicles. The Petitioners work on a number of cars owned by -elderly people and has been approachdd..by them on various occasions as to the possibility of selling their cars since they have no further use for their automobiles. The Petitioners would also provide the use of the property to people in the neigh- borhood for off-street parking during theevening hours. They have created a great deal of good will in the neighborhood. There has never been any complaints. All the uses in the neighborhood are industrial. They cannot get a permit to sell • the cars unless they get a variance on the property. They would be willing to limit themselves to no more than six cars at one time. The use requested would not detract from the neighborhood or derogate from the zoning ordinance. No one appeared in favor or in opposition to the petition. Discussion - J. Nutting noted that the people from Lynn St. will overlook this property. The Board was advised that Councillor Grace has not heard from any of the neighbors in regard to this petition. J. Boulger noted that the Board could put a time limit on the Special Permit. D. Hopper stated that this property has been used as a gas station for a number of years. A motion was made by Douglas Hopper, seconded by Arthur Labrecque, and by roll call, unanimously voted to grant the Special Permit requested for the extension of a non- conforming use in order to sell no more than six used cars at one time and that the Special Permit shall be limited for three years at which time the matter will be reviewed by the Board for renewal. SPECIAL PERMIT GRANTED FOR THREE YEARS (to be reviewed for renewal) MINUPES OF THE BOARD OF APPEAL HEARING HELD/9CF. 26, 1978 Page 8 The Board discussed the letter received from the Planning Dept. relative to th6 curb cut for the medical office building at 116 Highland Ave. The Mass. Dept. of Public Works and the Salem Planning Del that the existing curb cut remain as it is and that it not be widened`as noted in the approved variance by the Board of Appeal. A motion was made, seconded and unanimously voted to amend the variance, as recommended by the Mass. Dept. of Public Works and the Salem Planning Dept. to have the existing curb cut remain at its present }width and that Dr. Richard McKeage be so notified. Motion carried. Respectfully submitted, Ethel C. Crowell • i H (gitg of Antem, 'Massad usetts Pamb of MW MINUTES OF THE MEETING OF THE BOARD OF APPEAL HELD ON THURSDAY, NOV.:29, 1978 and CONTINUED ON DECEMBER 6, 1978 The Members of the Board of Appeal met in open session on Thursday, November 29, 1978 at 7:00 P.M. at One Salem Green for a public hearing. Said notice of hearing was duly published in the Salem Evening News on Nov. 10 and Nov. 17, 1978 and notices were sent postpaid to abutters and others in accordance with Mass. Gen. Laws, Chapter 808. On roll call the following answered present: Douglas Hopper, John Nutting and James Boulger. Jane Lundregan, Donald Eames, and Arthur Labrecque are recorded absent. The Chairman noted that the number of members present did not constitute a quorum necessary for voting on matters of variances. The Petitioners attending the meeting were advised that if they wish to present their case before the Board tonight, they would have to repeat the case at the next meeting with a quorum present. The following petitioners appeared before the Board requesting a continuance until the next scheduled meeting of the Board of Appeal: Atty. Walter Costello representing Michael Egan; Celia Erwin; Raymond Lavoie; Atty. Donald Koleman representing Robert Thibault and Atty. John Serafini representing Joseph Ingemi, Jr. , General Mills Fun Group • and Pat Gozemba. The Board agreed to hold the continuance on December 6, 1978 when all the above petitions will be heard. It was noted that each member of the Board received a copy of the minutes of the meeting held October 26, 1978 and the Chairman called for omissions or corrections. The Chairman noted that he would like to correct the omissions on the following petitions: 11 Hersey St. - Robert $ Ruth Armstrong - the motion shall be amended to include the statement that the property will revert back to a two family dwelling, should the present owner sell the property at 11 Hersey St. The Chairman stated that the following statement shall be included in the decision for 43 Jefferson Ave. for U-Haul Co. " In accordance with Section Via, Supplementary Re ations or e Wetlands District, the construction of a structure below the base flood level increases risks to life and property and will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage." The Chairman also noted that condition #5 shall be added to the conditions of the Special Permit "the Petitioner shall hot-top the area from the sidewalk line to the face of the garage building for the full width of the lot." 41-45 Forrester St. - Lillian S. Hill - In regard to the second parcel 41-45 Forrester St. , the Chairman noted that the contion for the granting of the permit shall state that parking must be provided for on the second parcel. A motion was duly made, seconded, and unanimously voted, the minutes of the meeting held October 26, 1978 stands approved with the above noted corrections. Motion carried. MINUTES OF THE BOARD OF APPEAL HEARING HELD NOV. 29, 1978 and DEC. 6, 1978 Page 2 On December 6, 1978 the members of the Board of Appeal continued its public hearing with the following Members present: Douglas Hopper, Donald Eames, Arthur Labrecque, James Boulger and Alternate Member, John Nutting. The Chairman declared the meeting in session with a quorum present. The Chairman appointed John Nutting as a voting member of the Board for this meeting. Douglas Hopper was appointed as Acting Secretary for this meeting. The following Petitions were read by the Secretary. 17 Sutton Ave. - Patricia Gozemba Atty. John Serafini, Jr. represented the Petitioner before the Board. The Petitioner is requesting a Special Permit for the expansion of a non-conforming building to provide additional space by expanding the second floor out an additional five feet so that the building would be uniform in appearance from the first to the second floor. A previous building permit was granted for the second floor but the petitioner was not allowed to extend the second floor construction to match :t}ielength of the first floor level. The building is owner occupied and the Petitioner wishes additional bedroom space. There is no intention to rent out space. None of the changes will deter from the zoning • laws and the building is consistent with other buildings in the area. A petition, signed by ten of the abutting neighbors, was presented in support of the request by Patricia Gozemba. Appearing in Favor - None Appearing in Opportion - None Comments from the Board: John Nutting felt that the Board could act on this matter tonight. Douglas Hopper: He viewed the sight and can see no objection to the request. James Boulger: Felt that there would be no problem, it would not be a detriment to the community. All buildings in the area are within the 10 ft. line. A motion was made by Douglas Hopper, seconded by Arthur Labrecque, and by roll call, unanimously voted to approve the Special Permit to extend the second floor wall S ft. to line up with the first floor and the building will remain a single family residential structure. Motion carried. 8 Bentley Street - Michael Egan The Chairman advised the public that the Court has instructed the Board to have further deliberation on the petition submitted by Michael Egan back in February, 1978. Atty. Walter Costello, One Salem Greeff, represented the Petitioner before the Board. Mr. Costello noted that the Petitioner is seeking a Special Permit to allow for an addi- tional apartment at 8 Bentley St. Mr. Costello noted that the main contention is the parking situation. He presented a new plan for parking that would allow for four spaces MINUTES OF THE BOARD OF APPEAL HEARING HELD NOV. 29 AND DEC. 6, 1978 Page 3 • on the site and the Petitioner could, if required to do so, provide another off-street parking site. The Petitioner is presently occupying the first floor apartment and cannot rent the trine room apartment on the second and third floor. W. Costello noted that there would be no change on the exterior of the building. The hardship is the nine room apartment that needs maintenance and repairs. There would not be an increase in the density because the parking spaces would be provided for. If the petition is not granted the only people that would be attracted to an apartment of this size would be a large family. Mr. Egan is an in-resident landlord, it is his home and he is concerned about taking care of the property. At this time questions were raised by the Board as to where Mr. Egan would find the off-street parking and the Board was advised that there is a lot at the corner of Bentley St. for rent. Mr. Costello advised the Board that a petition had been presented at the last meeting, signed by eight abutters, supporting the Petitioner. No one appeared in favor of the petition. • Appearing in opposition: Peter Dore, 12 Bentley St. - Mr. Dore is concerned about the congestion in the area and cannot see why the Board keeps letting people put in more apartments in the area. He cannot buy the argument that this is a hardship case. There is no guarantee that Mr. Egan will remain there, there is no.guarantee the property will be maintained. W. Dore complained about the parking situation as it is now. Many families do not have parking spaces at all. The argument that there are other three family buildings in the area is ridiculous. Mr. Dore noted that he is in the same situation. He has a third floor on his building and he too could ask for an additional apartment but he does not want to. Mr. Dore noted that the Board is here to protect the people that live in the area as well as those that move into it. Mr. Philip Swiniuch, 14 Bentley St. - opposed for the same reasons. Comments by the Board: The Chairman noted that the proposed parking does not meet the regulations of the zoning requirements and if it is granted it will be a substantial detriment to the public good. The building is the same as other buildings in the a ea. Douglas Hopper felt that it might set a precedent for other persons in the neighbor- hood. A motion was made by Douglas Hopper, seconded by John Nutting to deny the Special • Permit requested on the basis of the adverse effect on the increase in density, parking as shown on the plan submitted does not comply with the zoning ordinance, leased parking is not acceptable. MINUTES OF THE BOARD OF APPEAL HEARING HELD NOV. 29 AND DEC. 6, 1978 Page 4 m On roll call the following voted to deny the Special Permit: Douglas Hopper, John Nutting, Arthur Labrecque and James Boulger. Donald Eames voted present. SPECIAL PERMIT DENIED ********** 140 Boston Street - Raymond Lavoie Mr. Raymond Lavoie requested a variance on property located at 140 Boston St. , extending from Boston St. to Beaver Street. Mr. Lavoie would like to divide the one parcel into two individual undersized parcels. He explained that the portion of land located on the Beaver St. side (Lot A on the plan) would be sold to the abutter who would use it for parking purposes. Mr. Lavoie explained that he has enough land on his property (Lot B) to park his own vehicles. The parcel indicated on the plan as Parcel B would be retained by Mr. Lavoie and would contain 4,925 sq. ft. with his building located on it. Parcel A 2,025 sq. ft. would be sold to Mr. Renard, the abutter. No one appeared in favor or in opposition to the petition. The Chairman noted that the abutter, Mr. Renard has property within two feet of the property line abutting parcel "A" and that the Board could grant the petition with the condition that it would become a part of the abutting property at S9 Beaver. St. i A motion was made John Nutting, seconded by Arthur Labrecque, and by- roll call, unanimously voted to approve the variance requested in order to divide the one lot extending from 140 Boston St. to Beaver St. into two individual undersized lots, parcel "B" containing 4,925 sq. ft. and parcel "A" containing 2,025 sq. ft. on the condition that the sale of parcel "A" be executed within six months to the abutter, Mr. Philip Renard to form one parcel at 59 Beaver St. Motion carried. VARIANCE GRANTED ************** 4 Webster St. - Roland Erwin Mrs. Celia Erwin, represented herself before the Board requesting a variance on the side line and the rear lot line at 4 Webster St. in order to build a storage shed on the premises to house a snow blower, bicycles, garden equipment, etc. Mrs. Erwin explained that the foundation for the shed would be cement and it will be built by Mr. Erwin. The storage shed would be 12 ft. x 10 ft. No one appeared in favor or in opposition to the petition. A motion was made by Donald Eames, seconded by John Nutting to approve the petition. After discussion, Donald Eames withdrew his motion. tie A motion was made by Douglas Hopper to grant the variances requested. No second to the motion. James Boulger made a motion to deny the petition noting that there are no special MINUTES OF THE BOARD OF APPEAL HEARING HELD NOV. 29 and DEC. 6, 1978 Page 5 conditions to the land. Motion was seconded by Douglas Hopper. It was suggested by the Chairman that the shed could be relocated. Douglas Hopper noted that he disagrees, he felt that it would reduce the use of the backyard and amenities. Mr. Boulger felt that there was sufficient room in the back yard to relocate the shed. Donald Eames felt that the Board could be flexible where there is no opposition. John Nutting stated that he does not see how the Board could deny this man the means of keeping in house in order. He came here in good faith to petition the Board. By roll call the following voted on the above motion: James Boulger voted to deny the variance requested. Douglas Hopper, John Nutting, Donald Eames, Arthur Labrecque voted to grant the Petition. The Chairman challenged the legality of the vote and would not have any more discussion on the case and that the matter will be turned over to the City Solicitor. The Chairman would not declare the petition granted nor denied. 210-212 Derby St. - Mr. Robert Thibault Atty. Donald Koleman, 328 Essex St. , represented the Petitioner before the Board. The Petitioner is requesting a variance:.on property located at 210-212 Derby St. to allow the owner to return the second floor of the structure to its original use as three apart- ments. Mr. Thibault, the present owner, occupies one of the apartment. The other two apartments are vacant. A letter was read from the Planning Dept. committing financial assistance to Mr. Thibault on a share of the cost for the facade work on the building. Mr. Koleman advised the Board that Mr. Thibault cannot maintain the building now because of the increased taxes and heating costs. Mr. Thibault is totally disabled. He needs the additional income from the two apartments to pay the mortgage on the premises. The hardship runs with the land since he bought the building before zoning. Questions were raised as to the actual existence of the two apartments on the second floor. In regard to the letter from the Planning Dept. , the Chairman noted that the letter had not been signed by the City Planner. It was recommended that the Board set a time to go down to look at the building and also the Board will request Mr. Senko to attend the next meeting. The Board would also ask that a letter of intent be submitted from the owner of the parking area who would grant Mr. Thibault a ten year lease for parking for the tenants in the building. MINUTES OF THE BOARD OF APPEAL HEARING HELD NOV. 29 and DEC . 6, 1978 Page 6 A motion was made by John Nutting, seconded by Donald Eames, and unanimously voted to continue the hearing for 210-212 Derby St. until the Board has had an opportunity to inspect the site; a letter be sent to Mr. Senko requesting that he attend the next meeting of the Board, letter of intent for a 10 year parking lease be part and parcel of the requirements. Motion carried. NOTE: Mr. Thibault appeared at One Salem Green, on Dec. 7, 1978, and verbally requested that his petition be withdrawn. Mr. Thibault was informed to place in request in writing. PETITION WITHDRAWN ************* 256-260 Washington Street - Joseph Ingemi, it. Atty. John Serafini, 65 Federal St. , represented the Petitioner before the Board. The Petitioner is requesting a Special Permit in order to extend a non-conforming use for the first floor in.order to operate a. coin operated la`un_dromat=to serve the tenants in the building and (::�D by the general public. Plans were presented showing a parking plan for the premises. Mr. Serafini explained that Mr. Ingemi was doing business in Marblehead. He has to relocate his business and has to find a place quickly to use the machines. He hassa garage; to store them at the present time. Mr. Ingemi has the experience and knowledge to operate this type of business. He feels that this would be a benefit to the tenants. The parking space is more than adequate for this type of operation. The first floor of the apartment building has always been commercial. Mr. Ingemi is asking the Board for assistance to stay in business. Appearing in favor - Joseph Ingemi, Jr. Appearing in opposition - None Comments from the Board: J. Boulger noted that the traffic is very heavy in that area. There is a traffic problem. J. Nutting noted that the traffic is always flowing well. He does not think that there has been many tie-ups. J. Boulger noted that he would be reluctant to act on the petition before getting some input on the matter from the Planning Dept. D. Eames felt that the Board is well aware of the neighborhood and that we are holding up the petitioner. MINUTES OF THE BOARD OF APPEAL HEARING HELD NOV. 29 and DEC. 6, 1978 Page 7 • A motion was made by John Nutting, seconded by Donald Eames to approve the Special Permit requested for the use of the property at 256-260 Washington St. on the first level, as a coin operated automatic laundromat to serve the tenants and the general public, with the condition that all customers will be required to use the parking area on the adjacent side parcel. On roll call the following voted to grant the permit: Douglas Hopper, John Nutting and Donald Eames. Arthur Labrecque voted present and James Boulger voted to deny the petition due to the traffic being heavy in the area and that the Board should hear from the Planning Board in this particular case. SPECIAL PERMIT DENIED *************** 190 Bridge Street - General Mills Fun Group A letter was read from Gregory Senko, City Planner, noting that the request to change the letters on the existing sign from Parker Games to Parker Brothers is not in accordance with the City of Salem sign ordinance and recommended the variance should not be granted. Atty. John Serafini represented the Petitioner and advised the Board that the reason for the change is that "Parker Brothers" is being used as the national logo for the company. There is no intent to change the frame or extend the sign in any way, only the letters • will be changed on the existing sign. There may be a difference of two letters overall. The problem is because of the sign ordinance and it is his understanding that the City Council is going to rewrite the sign ordinance. This change is not a 35% change in the sign. There is a difference of opinion between the Petitioner and the City Planner and the Board should use common sense. The letters will be refurbished, the word Brothers will be new. The Chairman noted that this is a great change and possibly General Mills could come up with anothbr idea and still retain the character of the City. The Board and the Petitioner could not come to an agreement for the sign and the Atty. for the Petitioner requested permission to withdraw his petition without prejudice so that the matter can be restudied. A motion was made by John Nutting, seconded by Arthur Labrecque, and unanimously voted the petition for General Mills Fun Group may be withdrawn without prejudice. Nbtion carried. A motion was duly made, seconded, and unanimously voted the meeting stands adjourned 10:30 P.M. Respectfully submitted, Ethel C. Crowell • CN g 01RU of Salrm, fflassadjusetts s Paxrb of �yyv l MINUTES OF THE MEETING OF THE BOARD OF APPEAL HELD ON DECEMBER 27, 1978 The Members of the Board of Appeal met in open session on Thursday, December 27, 1978 with the following members present: James Boulger, Douglas Hopper and Arthur Labrecque. Jane Lundregan, Donald Eames and Associate Member, John Nutting are recorded absent. Notice of the public hearing was duly published in the Salem Evening News on December 11 and 20, 1978. Notices were mailed postpaid to abutters and others in accord- ance with Mass. General Laws, Chapter 808. The Chairman advised the Petitioners and public present for the hearing that it requires four members present in order to vote on cases where a zoning change is requested and that the Board did not have enough members present to vote on such matters. The Board agreed to continue the hearings scheduled for this meeting on January 18, 1979 at 7:00 P.M. if the Petitioners so desired. • The Naumkeag Trust Company was the only case to be heard on December 27th. Mr. Thomas Ercoline; 217 Essex Street, represented the Naumkeag Trust Company and presented its case requesting permission to locate a trailer on the site on a temporary basis in order to continue its banking operation while the existing bank building is being renovated. It will be necessary to hook up to water and sewer connections on the site. In order to locate the trailer, it will mean a loss of five parking spaces for a short time. No one appeared in favor or in opposition to the petition. The Board felt that a time limit should be placed on the permit and asked if three months would be sufficient time to complete the work. Mr. Ercoline advised the Board that he has set March as a completion date which is the date scheduled for the Pickering Wharf opening. The initial construction work has been going on inside and they will be ready to break through the wall soon. Three months will be adequate time to complete the work. The Chairman noted that this is a temporary arrangement and it will not induce any added traffic to the area. It would be a hardship to the Bank if this request were not granted. It was also noted by the Chairman that this would be a Special Permit under Section 3A, page 43 of the Zoning Ordinance. MINUTES OF THE BOARD OF APPEAL HEARING HELD DECEMBER 27, 1978 Page 2 • A motion was made by Douglas Hopper, seconded by Arthur Labrecque, and by roll call, unanimously voted to approve the Special Permit requested for the temporary use of a bank trailer with a hook up to sewer and water connections on the site in order to continue the banking operation for a period of three months (April 1, 1979) at which time, if for some unforeseen reason any difficul y should arise, the Naumkeag Bank has the right to appear before the Board of Appeal to ask for an extension on the permit granted. SPECIAL PERMIT GRANTED *********** A motion was made by Arthur Labrecque, seconded by Douglas Hopper, and unanimously voted the meeting stands adjourned until January 18, 1979 at 7:00 P.M. when the Board will continue the hearings originally scheduled for this meeting. On Janaary-. 18, 1979 the Board of Appeal continued its public hearing with the following members present: Jane Lundregan, Douglas Hopper, James Boulger and Associate Member John Nutting. Mr. Joseph Piemonte, newly appointed Associate Member, arrived for the meeting shortly after the meeting commenced. The Chairman appointed John Nutting as a voting member of the. Board for this' meeting. • The Secretary read the following petitions: 25 North St. - Joseph Bachorowski and Sterling Rose, Trustees of 24 North St. Realty Trust Letters, in support of the variance requested, were read as received from Leonard Berkal; Federal St. Trust, Rifkin Law Offices; and Murphy Funeral Home. Atty. George P. Vallis, One Church St. , Salem, represented the Petitioners before the Board requesting a variance on said property in order to allow for the use of the existing 'building as law offices. The property has been vacant for approximately eight years and previously contained a laundry business on the first floor. There are existing law offices located in the immediate area. There is adequate parking space for four vehicles which will be left for the use of the clients. The Attorneys in the building will use the parking garage for their own personal vehicles. It is planned to completely renovate the building. Mr. Vallis presented a rendering of what the building will look like when the work is compeleted. It is proposed to have one office on the first floor, two law offices on the second and one additional office on the third floor. There will be one full time secretary and two part-time workers. Since the building has been vacant for a number ofyears, it is hoped that the renovations will be a happy addition to the neighborhood and will prevent possible vandalism. The petitioners are also seeking a variance on the parking requirements. • Appearing in favor - 0 Appearing in opposition - 0 Comments by the Board - John Nutting felt that by improving the property it would enhance the area and provide the City with additional tax revenue. Jane Lundregan - improvement of. the property would be an asset to the area and if the MINUTES OF THE BOARD OF APPEAL MEETING - DEC.27 f, JAN. 18, 1979 Page 3 • building were to be used as multi-family, it would create more density in the area. Douglas Hopper - in favor of up-grading the property. A.motion was made by Jane Lundregan, seconded by Douglas Hopper, and by roll call, unanimously voted to grant the variance requested to allow for the use of the property as a law office building and grant a variance on the parking requirements to allow parking for four vehicles, as -shown on the plan submitted dated Dec. 7, 1978. VARIANCE GRANTED ************ At this time the Chairman appointed Joseph Piemonte, 22 Crowdis St. , Salem, as a voting member of the Board for this meeting. 105-107 Essex St: '= 'R: W. Carlson Assoc: "Iric. for 'Brick Block Realty *Trust (Timothy Haven) Atty. John McNamara, 1 Orr Sq., Revere, represented the Petitioner before the Board requesting a Special Permit on said property to allow for the use of the first floor as a retail store to sell stoves. The property was previously used as a pottery studio. The history of the property has been retail use for many years. A Special Permit is required each time there is a change in the commercial use. There will be no interior changes made in the building. The owner has a multi-year lease for the store pending the Board's decision. • The Board was advised that there will be no repair work performed on the premises. The stoves are for display only. The Board was also advised that under the new ownership it was found by title search that each new tenant would have to come before the Board for approval. Appearing in favor - Robert Bramble, 18 Washington Sq. West, noted that he would like to see the space occupied rather than leaving the building unoccupied. Mary Steward, Carlson Assoc. , Inc. - stated that this would be a similar operation from what was there before and felt that the owner will do an excellent job in this location. Appearing in opposition - None A motion was made by Jane Lundregan, seconded by Joseph Piemonte, and by roll call, unanimously voted to approve the Special Permit requested because the proposed use is no greater than the previous non-conforming use and no greater volume of density. SPECIAL PERMIT GRANTED ************* • MINUTES OF THE BOARD OF APPEAL HEARING - DEC. 27 & JAN 18, 1979 Page 4 • 124 Derby St. Robert Bramble Atty. George P. Vallis, One Church St. , Salem, represented the Petitioner before the Board. It was noted that Mr. Bramble appeared before the Board three months ago with a petition to renovate and enlarge the building. Mr. Bramble decided against the enlargement and withdrew his petition. The building is a non-conforming building because it does not meet the set- back requirements. The Petitioner is not increasing the size of the building, merely asking to allow for a pitched roof. The objection at the last meeting was the lack of parking as well as the additional unit on the second floor. This plan does not call for housing. Since the building is located in an historical district, all renova- tions must be approved by the Historic Commission. Mr. Vallis presented a Certificate of Appropriateness from the Historic Commission. The Chairman asked what type of business would be located in the premises. Mr. Vallis noted that the Petitioner has no specific tenant in mind at this time. The type of business he would seek out would be one that would be attractive to the tourists and compatible to the .area. Appearing in favor - Robert Geuthlin, 14 Turner St. , Salem, is in favor of the proposed change. He felt that Mir. Bramble has shown that he is a good developer, which is • evident by what he has done in the neighborhood in the past, and that he has helped the area tremendously. Mr. Geuthlin advised the Board that the President of Historic Salem, Inc. , Stanley Smith, has asked that he be recorded in favor of the petition. Delores Jordan, 97 Derby St. , felt the investment proposed by Yw. Bramble would be an added feature to the community and would be compatible to the Candy Store building nearby. James Scanlon, City Planning Dept. , would like to go on record that the Planning Dept. is in favor of this project. The City has an on-going facade program which is intended to fix up residential properties in the area. The City is trying to get back the economic activity in the Derby St. area and this project would be one more step in this direction. Appearing in opposition - none Comments by the .Board - John Nutting noted that Mr. Bramble's investment is a large one .and the Board should leave the rental of the property to the owner. Douglas Hopper - felt that it would be an asset to the neighborhood. A motion was made by Douglas Hopper, seconded by John Nutting, to grant the Special Permit requested. • By roll call the following voted to grant the petition: Douglas Hopper, John Nutting, Joseph Piemonte and James Boulger. Jane Lundregan abstained from voting on this matter. SPECIAL PERMIT GRANTED ********** - MINUTES OF THE BOARD OF APPEAL HEARING DEC. 27 and JAN 18, 1979 Page 5 • 9S Loring Ave. - Michael H. Beatrice Atty. Michael Martin, 76 Fuller Ave. , Swampscott, represented the Petitioner before the Board requesting a variance on said property in order to use the premises . as a real estate office. The building is a 231 story cinder block building. The rear yard could accommodate five parking spaces. They will employ five people and the second and third floor would be rented apartments. Five spaces will be sufficient for this business since most of the agents are in and out and would rarely be in the office at one time. There is very little street traffic in this type of operation. Neighbors have been contacted and the,.people that were contacted had no objec- tion to the use for the property. There would be a hardship to the Petitioner if they did not have a suitable location for the business . Appearing in favor - Atty. Edward.M. Perry, 141 bulk St. , Boston, represented the owner, Mr. Lombardi, noted that this property, if granted the variance, would generate tax revenue to the City. It is not ,feasible to rent this property as strictly resi- dential use. It would be more feasible as commercial use. Appearing in opposition - None Comments by the Board - James Boulger noted that there are other residential dwellings in the area of similar character and it would be a hardship on the other people in the area if this building were to be turned into a commercial venture. • A motion was made by Douglas Hopper, seconded by John Nutting, and by roll call, unanimously voted, to deny the petition for a variance because the property could be used as a residential building and the question of hardship has not been proven and it would be detrimental to the public good. VARIANCE DENIED 3 Carrolton St: '- Karl $ Barbara 'Cyr Mr. $ Mrs. Cyr requested a Special Permit to operate a one chair beauty shop in their residence at 3 Carrolton St. The street has only three houses, there is no heavy traffic. Mr. Cyr noted that he has space for four vehicles' which is more than needed. The business will be in operation mostly on Friday and Saturday only. There are no changes intended, they will use the existing den as the beauty shop and cannot be seen from the street. In accordance with State requirements, they will have to have a small sign. Appearing in favor - none Appearing in opposition - none A motion was made by Joseph Piemonte, seconded by Douglas Hopper and by roll call unanimously voted to approve the Special Permit to allow for the owner to operate a one chair beauty shop (no other employees) at 3 Carrolton St. on Wed. , Friday, and Satur- day only; the required sign will be no larger than 12" x 8" and the Special Permit will • terminate with the sale of the property. SPECIAL PERMIT GRANTED MIN )TES OF THE BOARD OF APPEAL HEARING - DEC. 27 $ JAN. 18, 1979 Page 6 • 92 Jackson St. - Bruce R. Marshall Atty. John Serafini, Jr., 65 Federal St. , represented the Petitioner requesting . a variance on the property at 92 Jackson St. in order to establish a health club in the building to include exercise,' dance classes, martial arts training, weight training, lockers, steam, sauna and whirlpool facilities, for members of the club. One problem the Petitioner has encountered is the parking situation. There will be available parking space behind the building and the Petitioner has a firm commitment for 15 additional parking spaces during the day and at night on adjoining properties. The Petitioner is required to find a new location for his business and has a purchase and sales agreement on the property pending the decision by the Board. There will be two other employees employed:by the health club. The owner has had no problem with the neighbors at his present location in Barton Square. He has been working with young people from local schools and has been commended for his .work with them. The District is a B-4 District and this is not an allowed use spelled out in the Zoning Ordinance. The building has been vacant for a .number of years and the proposed use :would be far less obnoxious use for the area. The neighbors have .been complaining about the vandalism in the area of the vacant building. The existing parking area is well lit. With the additional spaces, there will be more than the required amount of parking. There will be a .membership of about forty • people. The young people are transported by bus from the schools. The club will be closed around 10/10:30 P.M. Appearing in favor: Councillor Stephen Lovely - Councillor Lovely advised the Board that he has checked out Mr. Marshall's credentials and found them to .be impeccable: He has been doing an excellent job working wifh children. Mr. Lovely talked to some of the residents in .the area and their only concern is about the parking situation. They do not want any more parking along-.the street. Mr. Marshall has cooperated in this respect by finding additional parking spaces in the area and has stated that he will encourage the membership to use the available parking spaces. The residents::are in favor of having something located in the building. They live in fear of fire. Councillor Lovely stated that he would like to be recorded in favor of the petition. Camille Bell, 97 Jackson St. , represented her family since they could not'attend the meeting tonight. Their concern was about the parking and Mr. Marshall has satisfied their concern. The building has been vandalized' a number of times. The Board was advised that the area is well lit most of the night. At this time Councillor Lovely advised the Board that should the occasion arise, he will, through the Council, attempt to. have "No Parking" signs installed in front of the building. MINUTES OF THE BOARD OF APPEAL HEARING - DEC. 27 JAN. 18, 1979 Page 7 Mr. Joseph M. McCarthy - 347 Lafayette St. - recorded in favor of 'the petition. Mr. Stanley Kozlowski, 13 Sterns Place, stated that he was not opposed nor in favor but he has mixed feelings about the use of the property. Mr. Koslowski read his . statement (on file) noting that there is a possibility that the club would not be used strictly as a health club. Mr. Koslowski was advised, that the only use that would be allowed would be for the .purpose of a health club. This would be enforced by the proper city agencies. Mr. Koslowski was also advised that customers will be advised to use the designated parking areas, and that provisions could be made for them to enter the rear door from the parking lot. A motion was made by Jane Lundregan, seconded by John Nutting, and by roll call, it was unanimously voted to grant the variance requested with the stipulation that the petitioner provide at least 20 off street parking spaces for customer parking and the . operation of the business will not create a nuisance to the neighborhood nor be a . detriment to the public good. VARIANCE GRANTED **** *** At this time the Board discussed the selection of a Clerk for the Board of Appeal. Mrs. Theresa Carr, who previously held the position before taking a leave of • absence from the Building Inspector's office, has applied to resume her position as Clerk. A motion was made, seconded and unanimously voted to have Mrs.' Theresa ' Carr resume her position as Clerk to the Board of Appeal. . Motion carried. A motion was duly made, seconded and unanimously voted the meeting stands adjourned. Respectfully submitted Ethel C. Crowell Clerk • y (�itg of �$ttlPm, '6ttssttr4usE##s Pvwb of Meal MINUTES OF THE MEETING OF THE BOARD OF APPEAL HELD ON DECEMBER 27, 1978 The Members of the Board of Appeal met in open session on Thursday, December 27, 1978 with the following members present: James Boulger, Douglas Hopper and Arthur Labrecque. Jane Lundregan, Donald Eames and Associate Member, John Nutting are recorded absent. Notice of the public hearing was duly published in the Salem Evening News on December 11 and 20, 1978. Notices were mailed postpaid to abutters and others in accord- ance with Mass. General Laws, Chapter 808. The Chairman advised the Petitioners and public present for the hearing that it requires four members present in order to vote on cases where a zoning change is requested and that the Board did not have enough members present to vote on: such matters. The Board agreed to continue the hearings scheduled for this meeting on January 18, 1979 at 7: 00 P.M. if the Petitioners so desired. The Naumkeag Trust Company was the only case to be heard on December 27th. • Mr. Thomas Ercoline, 217 Essex Street, represented the Naumkeag Trust Company and presented its case requesting permission to locate a trailer on the site on a temporary basis in order to continue its banking operation while the existing bank building is being renovated. It will be necessary to hook up to water and sewer connections on the site. In order to locate the trailer, it will mean a loss of five parking spaces for a short time. No one appeared in favor or in opposition to the petition. The Board felt that a time limit should be placed on the permit and asked if three months would be sufficient time to complete the work. Mr. Ercoline advised the Board that he has set March as a completion date which is the date scheduled for the Pickering Wharf opening. The initial construction work has been going on inside and they will be ready to break through the wall soon. Three months will be adequate time to complete the work. The Chairman noted that this is a temporary arrangement and it will not induce any added traffic to the area. It would be a hardship to the Bank if this request were not granted. It was also noted by the Chairman that this would be a Special Permit under Section • 3A, page 43 of the Zoning Ordinance. MINUTES OF THE BOARD OF APPEAL HEARING HELD DECEMBER 27, 1978 Page 2 46 A motion was made by Douglas Hopper, seconded by Arthur Labrecque, and by roll call, unanimously voted to approve the Special Permit requested for the temporary use of a bank trailer with a hook up to sewer and water connections on the site in order to continue the banking operation for a period of three months (April 1, 1979) at which time, if for some unforeseen reason any difficulty should arise, the Naumkeag Bank has the right to appear before the Board of Appeal to ask for an extension on the permit granted. SPECIAL PERMIT GRANTED *********** A motion was made by Arthur Labrecque, seconded by Douglas Hopper, and unanimously voted the meeting stands adjourned until January 18, 1979 at 7:00 P.M. when the Board will continue the hearings originally scheduled for this meeting. ************ On January': 18, 1979 the Board of Appeal continued its public hearing with the following members present: Jane Lundregan, Douglas Hopper, James Boulger and Associate Member John Nutting. Mr. Joseph Piemonte, newly appointed Associate Member, arrived for the meeting shortly after the meeting commenced. The Chairman appointed John Nutting as a voting member of the Board for this meeting. • The Secretary read the following petitions: 25 North St. - Joseph Bachorowski and Sterling Rose Trustees of 24 North St. Realty Trust Letters, in support of the variance requested, were read as received from Leonard Berkal; Federal St. Trust, Rifkin Law Offices; and Murphy Funeral Home. Atty. George P. Vallis, One Church St. , Salem, represented the Petitioners before the Board requesting a variance on said property in order to allow for the use of the existing building as law offices. The property has been vacant for approximately eight years and previously contained a laundry business on the first floor. There are existing law offices located in the immediate area. There is adequate parking space for four vehicles which will be left for the use of the clients. The Attorneys in the building will use the parking garage for their own personal vehicles. It is planned to completely renovate the building. Mr. Vallis presented a rendering of what the building will look like when the work is compeleted. It is proposed to have one office on the first floor, two law offices on the second and one additional office on the third floor. There will be one full time secretary and two part-time workers. Since the building has been vacant for a number of years, it is hoped that the renovations will be a happy addition to the neighborhood and will prevent possible vandalism. The petitioners are also seeking a variance on the parking requirements. Appearing in favor - 0 Appearing in opposition - 0 • Comments by the Board - John Nutting felt that by improving the property it would enhance the area and provide the City with additional tax revenue. Jane Lundregan - improvement of the property would be an asset to the area and if the MINUTES OF THE BOARD OF APPEAL MEETING - DEC.27 F, JAN. 18, 1979 Page 3 • building were to be used as multi-family, it would create more density in the area. Douglas Hopper - in favor of up-grading the property. A.motion was made by Jane Lundregan, seconded by Douglas Hopper, and by roll call, unanimously voted to grant the variance requested to allow for the use of the property as a law office building and grant a variance on the parking requirements to allow parking for four vehicles, as shown on the plan submitted dated Dec. 7, 1976. VARIANCE GRANTED ************ At this time the Chairman appointed Joseph Piemonte, 22 Crowdis St. , Salem, as a voting member of the Board for this meeting. 105-107 Essex St: '= 'R: 'W. 'Carlson Assoc: 'Inc: 'for 'Brick Block Realty Trust (Timothy Haven) Atty. John McNamara, 1 Orr Sq., Revere, represented the Petitioner before the Board requesting a Special Permit on said property to allow for the use of the first floor as a retail store to sell stoves. The property was previously used as a pottery studio. The history of the property has been retail use for many years. A Special Permit is required each time there is a change in the commercial use. There will be no interior changes made in the building. The owner has a multi-year lease for the store pending • the Board's decision. The Board was advised that there will be no repair work performed on the premises. The stoves are for display only. The Board was also advised that under the new ownership it was found by title search that each new tenant would have to come before the Board for approval. Appearing in favor - Robert Bramble, 18 Washington Sq. West, noted that he would like to see the space occupied rather than leaving the building unoccupied. Mary Steward, Carlson Assoc. , Inc. - stated that this would be a similar operation from what was there before and felt that the owner will do an excellent job in this location. Appearing in opposition - None A motion was made by Jane Lundregan, seconded by Joseph Piemonte, and by roll call, unanimously voted to approve the Special Permit requested because the proposed use is no greater than the previous non-conforming use and no greater volume of density. SPECIAL PERMIT .GRANTED • MINUTES OF THE BOARD OF APPEAL HEARING - DEC. 27 $ JAN 18, 1979 Page 4 • 124 Derby St. Robert Bramble Atty. George P. Vallis, One Church St. , Salem, represented the Petitioner before the Board. It was noted that Mr. Bramble appeared before the Board three months ago with a petition to renovate and enlarge the building. Mr. Bramble decided against the enlargement and withdrew his petition. The building is a non-conforming building because it does not meet the set- back requirements. The Petitioner is not increasing the size of the building, merely asking to allow for a pitched roof. The objection at the last meeting was the lack of parking as well as the additional unit on the second floor. This plan does not call for housing. Since the building is located in an historical district, all renova- tions must be approved by the Historic Commission. Mr. Vallis presented a Certificate of Appropriateness from the Historic Commission. The Chairman asked what type of business would be located in the premises. Mr. Vallis noted that the Petitioner has no specific tenant in mind at this time. The type of business he would seek out would be one that would be attractive to the tourists and compatible tolthe'.area. Appearing in favor - Robert Geuthlin, 14 Turner St. , Salem, is. in favor of the proposed change. He felt that W. Bramble has shown that he is a good developer, which is evident by what he has done in the neighborhood in the past, and that he has helped • the area tremendously. Mr. Geuthlin advised the Board that the President of Historic Salem, Inc. , Stanley Smith, has asked that he be recorded in favor of the petition. Delores Jordan, 97 Derby St. , felt the investment proposed by Mr. Bramble would be an added feature to the community and would be compatible to the Candy Store building nearby. James Scanlon, City Planning Dept. , would like to go on record that the Planning Dept. is in favor of this project. The City has an on-going facade program which is intended to fix up residential properties in the area. The City is trying to get back the economic activity in the Derby St. area and this project would be one more step in this direction. Appearing in opposition - none Comments by the Board - John Nutting noted that Mr. Bramble's investment= is a large one and the Board should leave the rental of the property to the owner. Douglas Hopper - felt that it would be an asset to the neighborhood. A motion was made by Douglas Hopper, seconded by John Nutting, to grant the Special Permit requested. By roll call the following voted to grant the petition: Douglas Hopper, John Nutting, Joseph Piemonte and James Boulger. Jane Lundregan abstained from voting on this matter. SPECIAL PERMIT GRANTED ********** MINUTES OF THE BOARD OF APPEAL HEARING DEC. 27 and JAN 18, 1979 Page 5 95 Loring Ave. - Michael H. Beatrice Atty. Michael Martin, 76 Fuller Ave. , Swampscott, represented the Petitioner before the Board requesting a variance on said property in order to use the premises as a real estate office. The building is a 2'1 story cinder block building. The rear yard could accommodate five parking spaces. They will employ five people and the second and third floor would be rented apartments. Five spaces will be sufficient for this business since most of the agents are in and out and would rarely be in the office at one time. There is very little street traffic in this type of operation. Neighbors have been contacted and the people that were contacted had no objec- tion to the use for the property. There would be a 'hardship to the Petitioner if they did not have a suitable location for the business . Appearing in favor - Atty. Edward.M. Perry, 141 Milk St. , Boston, represented the owner, Mr. Lombardi, noted that this property, if granted the variance, would generate tax revenue to the City. It is not feasible to rent this property as strictly resi- dential use. It would be more feasible as commercial use. Appearing in opposition - None Comments by the Board - James Boulger noted that there are other residential dwellings in the area of similar character and it would be a hardship on the other people in the area if this building were to be turned into a commercial venture. • A motion was made by Douglas Hopper, seconded by John Nutting, and by roll call, unanimously voted, to deny the petition for a variance because the property could be used as a residential building and the question of hardship has not been proven and it would be detrimental to the public good. VARIANCE DENIED ************* 3 Carrolton St. - Karl & Barbara Cyr Mr. & Mrs. Cyr requested a Special Permit to operate a one chair beauty shop in their residence at 3 Carrolton St. The street has only three houses, there is no heavy traffic. Mr. Cyr noted that he has space for four vehicles; which is more than needed. The business will be in operation mostly on Friday and Saturday only. There are no changes intended, they will use the existing den as the beauty shop and cannot be seen from the street. In accordance with State requirements, they will have to have a small sign. Appearing in favor - none Appearing in opposition - none A motion was made by Joseph Piemonte, seconded by Douglas Hopper and by roll call unanimously voted to approve the Special Permit to allow for the owner to operate a one chair beauty shop (no other employees) at 3 Carrolton St. on Wed. , Friday, and Satur- day only; the required sign will be no larger than 12" x 8" and the Special Permit will terminate with the sale of the property. SPECIAL PERMIT GRANTED ********** MINUTES OF THE BOARD OF APPEAL HEARING - DEC. 27 $ JAN. 18, 1979 Page 6 • 92 Jackson St. - Bruce R. Marshall Atty. John Serafini, Jr. , 65 Federal St. , represented the Petitioner requesting a variance on the property at 92 Jackson St. in order to establish a health club in the building to include exercise, dance classes, martial arts training, weight training, lockers, steam, sauna and whirlpool facilities, for members of the club. One problem the Petitioner has encountered is the parking situation. There will be available parking space behind the building and the Petitioner has a firm commitment for 15 additional parking spaces during the day and at night on adjoining properties . The Petitioner is required to find a new location for his business and has a purchase and sales agreement on the property pending the decision by the Board. There will be two other employees employe&by the health club. The owner has had no problem with the neighbors at his present location in Barton Square. He has been working with young people from local schools and has been commended for his work with them. The District is a B-4 District and this is not an allowed use spelled out in the Zoning Ordinance. The building has been vacant for a .nuirber of years and the proposed use would be far less obnoxious use for the area.. The neighbors have been complaining about the vandalism in the area of the vacant building. The existing parking area is well lit. With the additional spaces, there will be • more than the required amount of parking. There will be a membership of about forty people. The young people are transported by bus from the schools. The club will be closed around 10/10:30 P.M. Appearing in favor: Councillor Stephen Lovely - Councillor Lovely advised the Board that he has checked out Mr. Marshall's credentials and found them to be imp.eecabl6: He has been doing an excellent job working with children. Mr. Lovely talked to some of the residents in the area and their only concern is about the parking situation. They do not want any more parking alohg<;the street. Mr. Marshall has cooperated in this respect by finding additional parking spaces in the area and has stated that he will encourage the membership to use the available parking spaces. The residents: are in favor of having something located in the building. They live in fear of fire. Councillor Lovely stated that he would like to be recorded in favor of the petition. Camille Bell, 97 Jackson St. , represented her family since they could not attend the meeting tonight. Their concern was about the parking and Mr. Marshall has satisfied their concern. The building has been vandalized a number of times . The Board was advised that the area is well lit most of the night. At this time Councillor Lovely advised the Board that should the occasion arise, • he will, through the Council, attempt to have "No Parking" signs installed in front of the building. MINUTES OF THE BOARD OF APPEAL HEARING - DEC. 27 $ JAN. 18, 1979 Page 7 • Mr. Joseph M. McCarthy - 347 Lafayette St. - recorded in favor of the petition. Mr. Stanley Kozlowski, 13 Sterns Place, stated that he was not opposed nor in favor but he has mixed feelings about the use of the property. Mr. Koslowski read his statement (on file) noting that there is a possibility that the club would not be used strictly as a health club. Mr. Koslowski was advised that the only use that would be allowed would be for the .purpose of a health club. This would be enforced by the proper city agencies. Mr. Koslowski was also advised that customers will be advised to use the designated parking areas and that provisions could be made for them to enter the rear door from the parking lot. A motion was made by Jane Lundregan, seconded by John Nutting, and by roll call, it was unanimously voted to grant the variance requested with the stipulation that the petitioner provide at least 20 off street parking spaces for customer parking and the operation of the business will not create a nuisance to the neighborhood nor be a detriment to the public good. VARIANCE GRANTED ********** At this time the Board discussed the selection of a Clerk for the Board of Appeal. Mrs. Theresa Carr, who previously held the position before taking a leave of absence from the Building Inspector's office, has applied to resume her position as Clerk. A motion was made, seconded and unanimously voted to have Mrs. Theresa Carr resume her position as Clerk 'to the Board of Appeal. Motion carried. A motion was duly made, seconded and unanimously voted the meeting stands adjourned. Respectfully submitted Ethel C. Crowell Clerk