1979-ZONING BOARD OF APPEALS ti (14ty of Ant em, 'Mazzar4use##s
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MINUTES OF THE MEETING OF THE BOARD OF APPEAL HELD ON WEDNESDAY, JANUARY 24, 1979
The Members of the Board of Appeal met in open session on Wednesday, January 24,
1979 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 January 10 and January 17, 1979, and
notices were sent postpaid to abutters and others: in accordance with Mass. General
Laws, Chapter 808.
On roll call the following answered present: Douglas Hopper, John Nutting,
Joseph - Piemonte, and James Boulger. Jane Lundregan, and Arthur LaBrecque were recorded
absent. Chairman Boulger appointed Associate Members Nutting and Piemonte as voting
members.
The Chairman requested a volunteer to act as Secretary, having none he stated
he would assume the duties of Secretary. It was voted to dispense with the reading of
the minutes of the previous meeting until the February meeting.
176 North Street - Trustees of the Salem Library and Trustees of the North Branch
Realty Trust
Atty. Donald Koleman, 328 Essex St. , Salem, represented the Petitioners. They
are requesting a variance for the former North Branch Library Building located at the
corner of North Street and Liberty Hill Avenue, an R-2 Zoning District to allow a
change in use to offices for a professional association consisting of medical,
psychological, and educational services. Mr. Koleman stated the Library Trustees have
entered into a, Purchase.and Sales. agreement with the Trustees of the North Branch Realty
Trust for the sale of the premises contingent upon the granting of this variance. He
submitted an petition signed by 25 abutters in favor of variance. He stated the
plot plan shows parking for 6 cars, and provision could be made for 4 more by removing
some of the landscaping if the Board felt it was necessary. He submitted the original
building plans for the library, and stated the building has great architectual significance
and its continuance as a semi-public use would be beneficial. Mr. Koleman stated that
the North Branch Realty Trust consisted of two people, Philip Burke and Murray
Klickstein who will be counciling families and children from the area.
SPEAKING IN FAVOR - Atty. Albert L. Pitcoff, Trustee of Public Library stated the
disposition of the building has been a problem for 2 years, and that it cannot be
resumed as a library because of the costs and lows use. He stated the Trustees selected
the highest bidder but took into consideration the operation' s value to the community.
He;stated the Trustees are happy there will be only one minor exterior change 'to conform
to the Building Code.
Mabel Begley, 180 North St. , former Librarian at this branch, stated that the library
only had 3 patroms on some afternoons, and that she was in favor of this petition.
John Brown, 14 Chestnut:,Street, Library Trustee, spoke in favor and stated that the City
was asked to suggest a municipal use, but did not offer any. He stated that no interest
was shown in acquiring it for a 1 or 2 family house.
• Murray Klickstein, 6 Kosciusko St. , petitioner spoke on the petition. He stated that
evening hours could run as late as 8:00 P.M. and the maximum number of cars, including
staff would be 7. Mr. Nutting noted that there is space for 5 cars on Liberty Hill
Avenue in front of the property.
MINUTES OF THE BOARD OF APPEAL MEETING HELD JAN. 24, 1979 Page 2
Philip Burke, 48 Chestnut St. , Salem, petitioner spoke in favor, and stated the only
exterior change was for a small fire door.
OPPOSITION - A letter in opposition was received from Ward VI Councillor George
. McCabe.
Meta Clark, 161 North Street, a former resident of New York City spoke at length in
opposition - because of the traffic congestion, parking problems, and air pollution
on North Street.
William Fitzgerald, 2 Bryant St. , Salem stated that this was spot zoning in a residential
area and that North Street is becoming another Bridge Street.
REBUTTAL - Donald Koleman in rebuttal stated that there is a hardship in the use of
the building, and the City was not intetested in purchasing it. He stated the proposed
use is not detrimental to the neighborhood, and the variance did not derogate from the
intent of the zoning ordinance.
HEARING CLOSED - After due consideration by the Board, a motion was made by Mr. Nutting,
seconded by Mr. Piemonte to grant the variance. By roll call the following voted to
grant the petition: Douglas Hopper, Joseph Pie_'monte, John Nutting. and James Boulger.
Unanimously granted.
----------------------------
6 White St Petitioner Thorvald Lauritsen & Edward Roberts d/b/a Robertsen Assoc.
Owner - Joan M. Peters & Shirley C. Domeratzky
Atty. George Vallis, 1 Church Street, Salem represented the petitioners. He submitted
letters from the Historic Commission and Planning Dept. in favor of the petition. .
the petitioners propose to renovate and enlarge the existing structure, previously
used as a warehouse into a five unit condominium according to plans on file. The
building is located in an Industrial Zone, but an industrial use is not practical or
desirous due to its close proximity to many residences. Atty. Vallis presented a
picture of the property presently looks. like. He stated the property abutts the
marina and overlooks the harbor. He stated the petitioners have an agreement to
purchase a parcel of land on Turner Street and five parking spaces on the lot will
be designated for the units to be build on White Street. They also plan to demolish
a portion of the building for 5 on site parking spaces. He stated variances were
needed for 1. Parking, 2. Setback requirements, 3. Use (Residential in Industrial
Zone) He stated the units will sell for $60,000.00 to $65,000.00 each. Mr. Nutting
inquired as to the number of bedrooms - 2 bedrooms with a family room on the third
floor. Mr. Vallis stated there'-will be a Master Deed and the five owners will become
an association which will be responsible for outside maintenance.
IN FAVOR - A letter was received from Ward I Councillor George Nowak in favor of the
petition.
Robert Guethlen, 43 Turner St. , direct abutter in rear was very much in favor of
the petition.
Mr. Piemonte inquired if the other parking spaces on the lot on Turner St. could be
leasEd to residents of the street. ----Yes, that is the plan.
Dolores Jordag, 98 Derby St. , Salem hadpsome ,questionsx.for the architects relative to
. rN adaptngjothe windows and window sashes to' a tradational type to blend in with the
<'Historac District. The architepcEs agreed=;to the changeofpsty
MINUTES OF THE BOARD OF APPEAL MEETING HELD JAN. 24, 1979 Page 3
The wood on the building will be cedar clapboards, the fencing will be 6 foot butt-
board cedar.
Dolores Jordan and Alice Jordan, 97 Derby Street were recorded in favor. Paul Labrecque
owner of the lot on Turner St. to be purchased for parking, recorded in favor.
THERE WAS NO OPPOSITION.
Hearing closed. Mr. Piec:monte moved the grant the variances needed in regard to parking,
setbacks and use. Mr. Boulger moved to make the purchase of the lot on Turner Street
for a parking a part of the granting. Mr. Hopper seconded the motion. By roll call vote
the following voted to grant the petition as amended: Douglas Hopper, Joseph Pieimonte,
John Nutting and James Boulger.
VARIANCE GRANTED
-------------------------------
22 Verdon Street - Robert E. Rhodes
Petition of Robert E. Rhodes, 22 Verdon Street to allow a swimming pool that has been
in existence for 10 years, to remain up, without the necessary side lines.
Mr. and Mrs. Rhodes represented themselves. Mrs. Rhodes stated that they had no knowledge
where their property line was when the pool was erected. They recently had their land
surveyed and learned that their fence was on New England Power land, and the pool is
approximately 3 feet from the fence. She stated that they have 2 children and the
pool is used for family entertainment. Diameter of the pool 27 feet.
There was no one appearing in favor or in opposition.
. Hearing closed. Mr. Boulger stated that the existing pool is on the property line, and
that the special permit should be granted for the existing pool. Mr. Hopper moved
that the permit be granted for the existing pool with attached fence. Mr. Nutting seconded.
By roll call vote the following voted to grant the petition with condition: Douglas Hopper,
Joseph Piemonte, John Nutting, and James Butler.
SPECIAL PERMIT GRANTED
--------------------------------------
Y
19 Columbus Avenue Warren Rantz
Petition of Warren Rantz, 19 Columbus Avenue to add on to an existing 8 foot by 20 foot
porch to make a 14 foot by 20 foot family room. This addition would extend an existing
non conforming side line of 5 feet.
Mr. Rantz, the petitioner and Custis Jones of Curtis Addition Co. the company that will
add the addition appeared to represent the case. Mr. Rantz stated there were four people
in the family and they needed the extra space. Mr. Nutting asked how many rooms there
were on the first floor, and if a fireplace was involved in the addition. Mr. Rantz
stated there were four rooms and a fireplace would be involved. He has resided at
this location for five years.
No one appeared in favor or in opposition. HEARING CLOSED;
. After due consideration by the Board, Mr. Nutting moved variance be granted. Mr. Piemonte
seconded. By roll call the following voted to grant the petition; Douglas Hopper,
Joseph Piemonte, John Nutting, and James Boulger.
VARIANCE GRANTED
MINUTES OF THE BOARD OF APPEAL MEETING HELD JAN. 24, 1979 Page 4
260 Washington Street - Joseph R. Ingemi, Jr. , Lessee (Request for permission to re-
submit petition)
b
` Atty. John R. Serafini, 65 Federal St. , represented the petitioner. He stated he is
seeking the support of the Board as a preliminary step to obtain permission to submit
the petition of Mr. Ingemi for a Special Permit to extend the non-conforming use of
the property at 260 Washington Street for the operation of a tailor shop with a coin
operated laundry, under Section 16 of Chapter 808. Letters in favor were received
from Councillors Leonard Cawley, Brian O'Keefe and Jean-Marie Rochna. Mr. Serafini
asked for approval from the Board so that he could go to the Planning Board for
their approval to re-submit the petition' which was denied on December 6, 1978.
Atty. Serafini stated that there is a substantial change in the petition - the size
of the laundry has been reduced and the tailor shop will be in the fron portion.
He stated there are 6 or 7 parking spaces in the rear of the building. .-,Mr. Serafini
submitted a letter from Traffic Lieutenant Jeffrey, stating that the proposed tailor
shop and laundramat would not create an additional traffic congestion problem at
that location. He stated he has already been in touch with Mr. Senko, City Planner
and he supports the petition being re-heard. He stated there are presently two flood
lights in the parking area and Mr. Ingemi will install more if required. He sub-
mitted a petition containing 51 names of people in favor of the petition. Councillors
Lovely and Centerino were recorded in favor. William McKinnon, 116 Lafayette St.
was recorded in favor.
THERE WAS NO OPPOSITION. HEARING CLOSED.
After due consideration by the Board, a motion was made by Mr. Piemonte for reconsidera-
of the petition. Mr. Hopper seconded. Roll call vote: in favor of reconsideration of
petition: Douglas Hopper, Joseph Piemonte, John Nutting. Voting Present James Boulger.
Petition for reconsideration denied.
SPECIAL PERMIT - REQUEST FOR RECONSIDERATION - DENIED
---------------------------------
L_ot #132 Brooks Street - Pasquale & Theresa Pezzullo
Lot #134 Brooks Street - Salvatore & Angelina Scialdone
Atty. George Vallis, 1 Church Street, appeared to represent the two petitioners. He
stated that some time could be saved if he could present both cases together as that
are ajacent lots which are idential in size and require Special Permits for the same
reason. The Board agreed. He stated both lots contain 4,500 square feet, with 50 foot
frontage. They are owned by seperate individuals, although they are related. Both
petitioners intend to erect single family dwellings for their own fesidents, and would
not have had to come to the Board if they were not the 500 feet short of the 5,000 sq.
ft required by Section VIII (B) (2) of the Zoning Ordinance. He stated that many of
the lots in the area are the same size and presented a petition signed by 9 abutters
in favor of both petitions.
Salvatore Scialdone, petitioner and Pasquale Pezzullo, petitioner appeared in favor.
Ward III Councillor Stephen Lovely appeared and was recorded in favor.
THERE WAS NO OPPOSITION. HEARING CLOSED.
•- After due consideration by the Board Mr. Hopper moved both petitions be granted subject
to the conditions that the houses be 24' x 44' , the density 23% with set=backs as shown
on plan submitted. Mr. Nutting Seconded.
MINUTES OF THE BOARD OF APPEAL MEETING HELD JAN. "24, 1979 Page 5
By roll call vote the following voted to grant both petitions: Douglas Hopper, Joseph
• Piemonte, John Nutting and James Boulger.
SPECIAL PERMITS - GRANTED
---------------------------------
5 Barton Place - Raymond B. Noyes, Jr. & Anthony Favara d/b/a Essex County Craftsmen
Atty. George Vallis, 1 Church Street represented the petitioners who are requesting
a Special Permit to use the property as a storage shop for metals, ladders, and tools
of trade used in their air-conditioning business. The building has been used as a
carpentry and cabinet making shop during the past 19 years, and this would be a change
of a non-conforming use in a R-2 District. Mr. Vallis stated that the petitioners do
most of their work on their job sites, and that the building will be used for storage
and office space. They presently rent space at 131 Derby Street and Mr. Vallis
submitted letters from Frances Bona, 127 Derby St. and James H. Ballou, 125 Derby
Street stating that they were ideal neighbors. Mr. Vallis stated there would be
no walk in trade, no storage of inflammables and that they have one truck which they
would park in the garage. He stated their tools were not noisy. Mr. Nutting asked
what their drills would be used for, and Mr. Boulger stated the petition was not
advertised for working in the building - just storage. . It was stated that they only
make special fittings that they cannot buy.
Mr. Noyes, petitioner of 14 Aberdeen Ave. , Peabody appeared and spoke in favor. He stated
they were moving because this was a chance to own their own building instead of paying
. rent.
Mrs. Donna Kimball, 4 Barton Place asked what would be the hours and days worked. The
petitioner stated 8A.M. to '4:30 P.M. , Monday thru Friday. He stated that at the most
they would probably only be in the building about 16 hours a week.
OPPOSITION - Ward II Councillor Stanley Usovicz, 18 Forrester St, appeared and spoke in
opposition. Also appearing in opposition were John Andrewschevitz, 13'k Barton St. ,
Thomas Tobin, 10 Barton Street, Tony Jenkins, 11 Barton Street.
'REBUTTAL - Mr. Vallis stated that if the petitioners became successful they would have
to move to a larger building, and that the building was used as a cabinet making shop
for 19 years. He asked what use could be made of the building .
HEARING CLOSED - After due consideration by the Board, Mr. Nutting moved the petition be
denied, p Mr. Hopper seconded. By roll call vote the following voted to deny the petition:
Douglas Hopper, Joseph Piemonte, John Nutting and James Boulger.
SPECIAL PERMIT - DENIED.
--------------------------------
Ocean Ave. Extension (Rear 198 Jefferson Ave.) - Salvatore Bonuito
Atty. John Serafini, Jr. , 65 Federal Street, Salem, represented the petitioner. He stated
the petitioner is requesting permission to use the garage in the rear of the premises
owned by Clement G. Fraser for the purpose of making minor automotive repairs. Mr.
f, Serafini stated the garage is 60 feet away from the dwelling, and that the repairs and
done inside the garage, and no vehicles are displayed outside of the small garage.
MINUTES OF THE BOARD OF APPEAL MEETING HELD JAN. 24, 1979 Page 6
Mr: Serafini stated Mr. Bonuito is disabled and is trying to do part-time work. He
• submitted a petition signed by 27 neighbors in favor of granting the petition. He
stated there is a hardship because of the pecular size of the lot, it is too small for
a house and the access to the street is not good. He stated Mr. Bonuito only works
from 10:00 or 11:00 A.M. to 4n84 or 5:00 P.M. , that the location is isolated, and that
granting this petition would/derogate from the intent of the Zoning Ordinance. He
proposed that the variance be restricted to 5 years or up until Mr. Bonito wysh'es
to stop working. A letter was received from Q. Robert Talbot, 5 Laurent Road in favor.
Ward 3 Councillor Stephen P. Lovely, 4 Lawrence St. appeared in favor. Also appearing
in favor were Clement Fraser, 198 Jefferson Ave. , Mark Thibodeau, 201 Jefferson Ave. ,
Louis Lavoie, 264 Jefferson Ave. , Mario Cornarccio, 89 Leach St. , Thomas Bouchard,
190 Loring Ave. , Arthur Thibodeau, 200 Jefferson Avenue.
THERE WAS NO OPPOSITION
HEARING CLOSED. After due consideration by the Board, Mr. Piemonte moved the variance
be granted, restrict to five years to the leasee with the right to renew by the
leasee only. Mr. Hopper amended the motion by adding that there be no sign or advertis-
ing on the property. Mr. Hopper seconded the motion as amended. By roll call vote
the following voted to grant the variance as restricted: Douglas Hopper, Joseph
Piemonte, John Nutting and James Boulger.
VARIANCE - GRANTED.
The next meeting of the Board was scheduled for Wednesday, February 14, 1979 at 7:00 P.M.
The meeting adjourned at 11:05 P.M. on a motion that was duly made, seconded and unanimously
voted.
Respectfylly submitted,
/�
Theresa I. Carr
C
01i#g of $a1Em, 'Mttssar4usE##s
MINUTES OF THE MEETING OF THE BOARD OF APPEAL HELD ON WEDNESDAY, FEBRUARY 14, 1979
The Members of the Board of Appeal met in open session on Wednesday, February 14,
1979 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 January 31 and February 7, 1979, and
notices were sent postpaid to abutters and others in accordance with Mass. General
Laws, Chapter 808.
On roll call the following answered present: James Boulger, Chairman, Douglas
Hopper, John Nutting, Joseph Piemonte,tArthur EaBrecque.LcMr.-L-uzinskir, the-[new
Associate Member arrivedfshortly after roll call.
On the motion of Mr. Nutting, seconded by Mr. La Brecque, Mr. Piemonte was
appointed as a sitting member. On the motion of Mr. Nutting, seconded by Mr. Piemonte
the minutes of the January 24th meeting were accepted.
Mr. Piemonte was appointed Secretary for the meeting. On the motion of Mr.
Nutting it was voted to take up the Salem Hospital petition first.
81 Highland Avenue - Salem Hospital, Inc.
Petition of Salem Hospital, Inc. , to install a 10' x 50' Office Trailer to
be connected with wood enclosure to the existing main building for a maximum of
two years. Appearing for the petition was Mr. Robert Sahk, Facilities Manager.
He stated the trailer will be enclosed by the main building at level six, and will
be on a concrete slab on grade. There will be no water or plumbing connections,
only electricity for electric heat. He stated there will be no patients on the
same floor adjacent to the trailer. Mr. Boulger reminded him that he will need
a permit to build the connector. Mr. Sahk stated';the hospital will install a smoke
alarm which will be tied in with the hospital' s fire alarm system. Mr. Boulger
was worried about the hazard this trailer might create. Mr. Nutting felt that there
would be no hazard if the connection was covered with asbestos board. Mr. Sahk
stated that they will install wire glass within steel frames in any windows that
face the hospital. Stanley Poirier, 8 Cottage Street appeared to find out the
location of the trailer, but had no objections. There was no opposition. Hearing
Closed.
Mr. Piedmonte to grant the petition with the following conditions:
1. It be a fire resistant passageway to main building
2. Have approval of Building Inspector
3. Only electrical connection and Fire Dectectors
4. Maximum of two years and used as office.
Mr. Nutting =seconded, By roll call the following voted to grant the petition:
Douglas Hopper, Joseph Piemonte, John Nutting, Arthur LaBrecque, and James Boulger.
MINUT,'.ES OF BOARD OF APPEAL MEETING HELD FEBRUARY 14, 1979 PAGE 2
r
130 Canal Street - Sterman Realty Trust, Marvin Sterman, Trustee
•
Petition of Sterman Realty Trust on the property at 130 Canal Street(Industrial
Zone) , for relief from land area requirement, frontage requirement and sideline
requirement, for the operation of a Taylor rental business in a building to be
constructed, containing 3,280 square feet. Mr. Luzinski was appointed a voting
member for this case.
Atty. Christopher Plunkett,r208c:Essex. Street, Salem, represented the petitioner.
He stated the lot in question was laid out by plan dated and recorded June 2, 1943
at which time it met the requirements of the Industrial Zone. The petitioner is
presently located on Derby Street, and wished to move to this location, as his present
lease expires in 1980. His direct abutters are Cgttal Furniture and California
Olive Oil. He, stated it will be a masonry block building, there will 64 feet of
frontage, there are about 20 parking spaces, and he will share an entrance with
Coastal .Furniture. Mr. Donald Michaud, owner of Salem Glass Co. , 75 Canal Street,
appeared in favor. Joseph Tur-cotte,oRe2iLafayettemStreetc;appeared in favor. There
was no opposition. Hearing closed.
v
Mr. Piemonte moved to grant the petition. Mr. LaBrecque seconded, =etition;py�
granted by following roll call: Mr Luzinski , Mr. LaBrecque,�� and Mr, ,i
Hopper. Mr. Boulger voting Fpresent. yjy� �^ /
------------------------------------
•
335 Bridge Street - Russell W. Kiernan
Petition of Russell W. Kiernan to construct a building at 335 Bridge Street
(R-2 District) for the sale and storage of used cars. A variance is needed for this
non-conforming use in a R-2 District. A letter was received from the Planning Board
stating that they did not feel it was desirable for the area to permit additional
violations of the current zoning unless and until the area is rezoned, and suggesting
that the variance be denied. A letter in favor was received from Robert Margarian,
of 337 Bridge St.
Atty. Robert Healey, 4 Federal Court represented the petitioner. He stated that
the predominant use of Bridge Street, in this area is business/industrial. This
property has a carpet store and warehouse on one side, and a service station/auto sales
operation on the other. The lot has been vacant since 1976, when the Orne St. Realty
Trust was granted a variance to demolish a warehouse and erect a one story building.
He stated Mr. Kiernan has a business n-Salem,__and FQz been attempting to re-locate
a successful used car business formerly situated in Essex. He stated Mr. Kiernan
would accept the restriction of a one story building and will landscape the front
of the property - entire frontage will not be used to display used cars. The bulk
of cars for sale will be stored inside and they will be good quality, not junk cars.
Hours will probably be 9 to '4 in winter and 9 to 9 in summer.
Ward IV Councillor Frances Grace, 3 Hillside Ave, had questions of the height
and size of building and the curb cuts. Mr. Lytle Smith, 10 Carpenter Street, Salem
appeared, not in opposition, but with questions and the request for the construction
of a fence on the property line abutting his property. There was no opposition.
Hearing closed.
MINUTES OF BOARD OF APPEAL MEETING HELD FEBRUARY 14, 1979 PAGE 3
Mr. Nutting moved variance be granted in accordance with the curb cuts, and
building shown on the plans submitted. Mr. LaBrecque seconded. Variance granted
by following roll call: Mr. Luzinski, Mr. Nutting, Mr. Hopper, Mr. LaBrecque and
Mr. Boulger. Unanimous
........................... ---------------
222-224 Derby"Street , United Art Galleries
Petition of United Art Galleries to use the entire first floor of the existing
building at 222-224 Derby Street as an art gallery. It is presently two apartment
dwelling units.
Atty. George Vallis, 1 Church Street, Salem represented the petitioner. He stated
the present use as residential is not in keeping with the surrounding properties, and
the owner has difficulty.in renting the units. A variance was granted to Frank Wetmore
the previous owner to convert the property from two stores to residential units. He
stated the petitioner operates 7 full time art galleries and 4 seasonal gallaries
and this would be a 5 year lease, with an option for an additional 5 years. Mr. Edward
S. Cohen, one of the owners.of United Art Galleries stated `:he:: had no definate plans
for the front of the building—Mr. Hopper asked if he would be willing to work with
the Salem Historic Commission or the Design Review Board on any exterior changes. Mr.
Cohen agreed. Mr. Donald Michaud the owner of the property appeared in favor of the
petition. There was no opposition. Hearing closed.
• Mr. Boulger suggested the following conditions:,
1. Used for this purpose only and no other use and would revert to R-2 at the
end of the tenancy.
2. Any changes in the front of the building will have the approval of the
Historic Commission and the Design Review Board.
Mr. LaBrecque moved to grant the variance with above conditions. Mr. Hopper seconded.
Petition granted by roll call - Mr. Luzinski, Mr. Nutting, Mr. Hopper and Mr. Boulger.
Unanimous.
------------------------------------------
11 Locust Street - Francis & Ann Munroe
Petition of Francis H. Munroe and Ann Munroe for a variance for the existing
non-conforming side line on the property located at 11 Locust St. (R-1 District) .
Letters were received from 6 abutters in favor of the variance. Atty. George Atkins
represented the petitioners. He stated that the Munroes sold the property in question
in December, 1978 to Orlando DiPaolo and at that time a discrepancy was found in the
way the house was placed on the lot leaving the house with less than a 10 foot. sideline.
In order to get a clear title to the property the petitioners have petitioned for
a variance. There was no opposition. Hearing closed.
Mr. Boulger stated that this would be no detriment to the neighborhood and
evidently an error was made which cannot be corrected without moving the building.
Mr. Nutting moved, and was seconded by Mr. Hopper to grant the variance. Granted
by roll call vote - Mr. Luzinski, Mr. Nutting, Mr. Hopper, Mr. LaBrecque, and Mr.
Boulger. Unanimous. ----------------------------------------
MINUTES OF BOARD OF APPEAL MEETING HELD FEBRUARY 14, 1979 PAGE 4
:r 44 Tremont Street - Gisela B. Jones
Petition of Gisela Jones to convert part of a one family house at 44 Tremont St.
(R-1 District) to an additional apartment. Mr. Charles McManus, 14 Curtis Street
represented the petitioner. He stated Mrs. Jones wished to make the apartment in
what is presently attic space, and to rent it to her son. She owns the house but
is presently residing at 30 Grove St. , in the caretaker' s cottage for Harmony Grove
Cemetery. When her husband retires, or if he should change jobs they would reside
at 44 Tremont Street. Mr. McManus stated there was parking for 3 cars and the
only exterior change would be a stairway to the apartment. A petition was submitted
signed by 16 abutters in favor of the Special Permit. He stated there were 7 rooms
in the house and the surrounding houses were two family. He was reminded by the Board
that if a Special Permit were granted the house couldnot be sold as a two family.
The enclosed outside stairway must conform to the 10' side line requirement.
There was no opposition. Hearing closed.
Mr. LaBrecque moved the Special Permit be granted, according to the plans. Mr.
Boulger seconded with the restriction that the Special Permit cease upon the sale
of the house and that it be occupied by blood relatives. Roll call for - Mr. Nutting,
Mr. Luzinski, Mr. LaBrecgpe Mr. Boulger. Against - Mr. Hopper.
The next meeting was set for Wednesday, March 21, 1979 at 7:00 P.M.
On the motion of Mr. Luzinski the meeting adjourned at 8:55 P.M.
•
Respectfully submitted,
Theresa I. Carr
(di#g of Attlem, 'MttssadjusP##s
a Pomo of Vt
MINUTES OF THE MEETING OF THE BOARD OF APPEAL HELD ON WEDNESDAY, MARCH 28, 1979
The Members of the Board of Appeal met in open session on Wednesday, March 28,
1979 at 7:00 P.M. at One Salem Green for a public hearing. Said notices of hearing
was duly published in the Salem Evening News on March 14 and 21, 1979, and notices
were sent postpaid to abutters and others in accordance with Mass. General Laws,
Chapter 808.
On roll call the following answered present: James Boulger, Chairman, Jane
Lundregan, Edward Luzinski, Raymond Nutting, and Joseph Piemonte. On the motion of
Chairman Boulger the two altexnatemmemb.s_ were appointed voting members for this
meeting. Minutes of the February 14th meeting were accepted.
16 Lynde Street - 1st Church of Christ Scientist, Robert Curran & James Hurrell
The First Church of Christ Scientist has contracted to sell the church property at
16 Lynde St to Robert Curran and James P.HUrrell for use as a museum. The property does
not afford private off-street parking as required for a museum under Section VII
of the Zoning Ordinance, and the Church is requesting a variance for the parking.
• Atty. Robert S. Raymond, 70 Washington Street, Salem represented the petitioner.
Letters in favor of the variance were received from abutters at 26 Lynde St. and
6 Lynde Street. Atty. Raymond submitted a memorandum of law in support of the
petition. He stated the building has a limited use because of architecture- and
nature of the building. He stated the church is situated directly across from a
major short term public parking facility„and in the immediate vicinity of several
other public parking facilities. The museum will be called the "Witch Dungeon
Museum" and will contain an accurate visible and oral account of the cause and
effect of the witchcraft dilema in Salem in 1692. There was no opposition. Hearing
closed.
Mr. Piemonte asked if the petitioners had spoken with the Tourist Commission.
Atty. Raymond said no but the Witch House was approached, and felt there would
be a lot of support for this type of museum in this area. Mr. Nutting asked where
the tourist will leave the buses on coming into Salem. Mr. Raymond stated they
come into the lot at the corner of St. Peter & Bridge Street and' the tourist
walk from one attraction to the next. Mrs. Lundregan felt that the petitioners
should provide parking for their employees which they say shall number four.
Zoning ordinance, Pg. 48 states that there shall be one parking space for every
2 employees. Mr. Nutting moved the variance be granted. Mrs. Lundregan amended
that parking be provided for the employees as required in the Zoning Ordinance.
Mr. Piemonte amended that the building only be used for a museum. Mr. Piemonte
seconded motion to grant the variance with the two conditions. By roll call the
following voted to grant the petition: Jane Lundregan, John Nutting, Joseph
Piemonte, Edward Luzinski and James Boulger.
MINUTES OF BOARD OF APPEAL MEETING HELD MARCH 28, 1979 PAGE 2
7-19 Irving Street - Salem Suede (Zion Realty Trust)
Petition of Salem Suede to do sound proofing work and also to construct a building
in the yard of 419 Irving Street for the installation of hot and cold water tanks.
Atty. Philip Strome, 73 Washington Street, Salem represented the petitioner before the
Board. He stated that the neighbors have been complaining about the noise for years
and the company is trying to correct the problem by putting in a flexiable duct sleeve.
If this doesn' t quiet the noise they will try something else. The other request in the
petition is for the construction of a building, and installation of hot and cold water
tanks therein to conserve between 25 and 35% of the water used in the tannery. The
building would be on the property at 17 Irving Street and would be 14 feet by 26 feet.
Mr. Boulger stated the petition was not in proper form, the plot plan and construction
plans were not submitted. Mr. Nutting asked what the tanks would be enclosed in.
Mr. Strome stated - it would be a wood frame structure to keep the tanks from freezing.
Councillor McCabe questioned - are they requesting two variances - one for the work
on the blower and one for the building to house the tanks: Mr. Strome said yes.
Speaking in opposition was Mr. Edward Freeman, 20 Irving Street, a resident for 26 years.
He stated the construction of the building and installation of the tanks would be
detrimental to the neighborhood. He stated they will be attaching the building
to the tannery and extending it into a residential lot. He stated the residents wanted
the area kept residential, but that Salem Suede keeps expanding. If this variance
is granted, the next thing the house on the lot at 19 Irving St, will be torn down.
• He stated the neighbors would be in favor of the sound proofing work but request that
the building to house the tanks be denied.
Councillor Brian O'Keefe spoke in favor of the flexiable duct to correct the noise
problem, but felt that the installation of the tanks would be detrimental to the area.
Councillor George McCabe, Ward VI Councillor spoke on the problems the neighbors have
had with Salem Suede. He was recorded in favor of the soundproofing of the fan, but
against the construction of the building. He stated he would like to see a condition
written into the variance that if this attempt to solve the noise problem does not work,
Salem Suede will try something else. Appearing in opposition were the following
abutters: Philip Jones, Harmony Grove Cemetery; Joseph Hogan, 23 Grove St; Armand F.
Belleau, 69 Tremont St; Lewis Levesque, 22 Grove St. ; Francis Bates, 26 Grove St. ;
Barbara Tobin, for Mr. & Mrs. Tobin, 14 Phillips St. , Alice Ladyszewski, 75 Tremont St. ,,
Mr. Strome in rebuttal, stated the company is trying- to re-cycle
water from the beam house, and the building would not be detrimental to the neighborhood.
Hearing closed.
Mrs. Lundregan stated that the petition can be split into two - 1st the Board took up
the soundproofing of the blower. Mr. Nutting moved the Special Permit for the sound-
proofing work be granted. Mr: Boulger amended - if this procedure does not work, the
company will construct something else. Mr. Luzinski seconded the motion as amended.
By roll call the following voted to grant the part of the petition regarding sound-
proofing: Jane Lundregan, John Nutting, Joseph Piemonte, Edward Luzinski and James
Boulger. Unanimous - - Mrs. Lundregan stated, in regard to the construction of a
building on #19 Irving, this lot presently has a residence on it, and the proposed
construction would change it to a commercial lot. Mrs. Lundregan moved to deny this
•part of the petition. Mr. Piemonte seconded. By roll call the following voted to
deny the petition for the construction of a building and installation of tank at
19 Irving St. Jane Lundregan, John Nutting, Joseph Piemonte, Edward Luzinski, James
Boulger. Unanimous
MINUTES OF BOARD OF APPEAL MEETING HELD MARCH 28, 1979 PAGE 3
• 10 Paradise Road - Mark Hoffer
Petition of Mary Hoffer to operate a car rental business in the existing gas station
at 10 Paradise Road. Mr. Mark Hoffer, manager of Travel Car, Inc. , spoke in favor
of the petition. He submitted two letter in favor of the petition, one from Bursaw Oil
and one from Enon Enterprises, Inc. He stated that Travel Car, Inc. has seven locations
around eastern Massachusetts, all cars are 1978-1979 models, and that they will be
parking a maximum of 5 cars at this location. He stated they pay rent to the Tecaco
Station and supply their own personnel. There was no opposition. Hearing closed.
Mrs. Lundregan felt the granting of this petition would not be a detriment to the
area. Mr. Boulger could not see increasing the traffic in the area. Mr. Boulger
moved to deny the petition. Mr. Nutting seconded. Roll call : Voting to deny:
John Nutting; Edward Luzinski; James Boulger. Voting to allow: Jane Lundregan.
Voting present: Joseph Piemonte. Petition denied,
---------------------------------------
a
76 Lafayette Street (Metcon) Norman Traverse & Marjorie Traverse - Plaza Realty Trust
Petition to allow the conversion of the building known as the Metcom into commercial
space, including retail stores on the 1st floor and offices on the 2nd, 3rd and 4th
floors without the necessary parking as required by Section VII-C of the Salem Zoning
Ordinance.
• Atty. Jacob Segal, 59 Federal St. , Salem, represented the petitioners before the Board.
He stated there have been two variances granted for this building in the past. The
petitioners are making provision f6r 16 parking spaces by the demolition of a structure
at the rear of the building. He stated the work done on the building up to this point
was for safety purposes. Mr. Eric Rumpf, designer, stated the 1st floor will be rented
to small shops, and the other Sloors will be more difficult to rent. 'He stated the
owners have received a Federal grant for the work on the exterior of the building.
Mr. Richard Folsom, Elaine Road, Stoneham, owner of the adjacent parking lot appeared
and stated he would be in favor of the petition, but would like some kind of barrier
erected to keep the parkers off of his lot. Discussion followed as to-,the type of
barrier that should be erected. Theret.was:no�-oppos tioh..t Hearing closed.-
' Mrs.
losed:' Mrs. Lundregan moved that the petition be granted with reduced parking as shown on the
plan, and the petitioner meet with Mr. Folsom and agree on the type of fence to be
erected. Mr. Boulger did not want wood used. Mr. Nutting seconded the motion to grant.
Petition granted by the following roll call: - In favor, Jane Lundregan, John Nutting,
Joseph Piemonte, Edward Luzinski, James Boulger. Unanimous
--------------------------------------
72 North Street (Rear 4 Franklin Street) - Harry M. Andrews
Petition of Harry Andrews for Special Permit to extend a non-conforming structure and
use to permit the installation of 4 additional car bays for the washing, caring and
maintaining of motor vehicles. Atty. John R. Serafini, Jr. , 65 Federal Street represented
the petitioner before the Board. He stated the petitioner owned the building on the
property that was a fast food hamburger stand that is presently vacant, and wishes
to use the area for the operation of four additional car bays. Mr. Andrews, 3 Hemlock St. ,
Beverly, the petitioner appeared and spoke in favor of his petition. He stated the
addition would be cement block and connect the two buildings. There was no opposition.
Hearing closed.
MINUTES OF BOARD OF APPEAL MEETING HELD MARCH 28, 1979 PAGE 4
i�
Mr. Piemonte moved to grant the petition with the condition that landscaping be done.
Mr. Luzinski seconded. Petition denied by the following Roll Call vote: Voting
to grant: Jane Lundregan, Joseph Piemonte, Edward Luzinski. Voting to deny: John
Nutting, James Boulger.
-----------------------------------------
4 Woodbury Court - Robert M. Marshall
Petition of Robert M. Marshall to construct a bedroom over the existing garage at
4 Woodbury Court. The existing lot line in the rear of the garage is 1 foot 2 inches.
Atty. Daniel Horgan, 56 Linden Ave. , Lynn spoke for the petitioner. Mr. Marshall,
the petitioner appeared in favor, and stated he needed the bedroom because his wife was
about to have a child,' and the house only had four rooms. There was no opposition.
Hearing closed. Mr. Piemonte moved to grant the Special Permit for the construction of
the bedroom. Mrs. Lundregan seconded. Petition granted by the following Roll call
vote: In Favor - Jane Lundregan, John Nutting, Joseph Piemonte, Edward J, Luzinski,
James Boulger. Unanimous.
----------------------------------------
The next meeting of the Board, for the purpose of hearing petitions was scheduled for
Wednesday, April 25, 1979 at 7:00 P.M.
The meeting adjourned at 10:35 P.M.
Respectfully submitted,
Theresa I. Carr
1
x
tditg of Salem, 'Massadjuse##s
�G
MINUTES OF THE MEETING OF THE BOARD OF APPEAL HELD ON WEDNESDAY, APRIL .25, 1979
The Members of the Board of Appeal met in open session on Wednesday, April 25,
1979 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 April 11 and 18, 1979, and notices
were sent postpaid to abutters and others in accordance with Mass. General Laws.
On roll call the following answered present: James Boulger, Chairman, Jane
Lundregan, Douglas Hopper, John Nutting and Associate Members Joseph Piemonte and
Edward Luzinski. On the motion of Mr. Nutting, seconded by Mrs. Lundregan the minutes
of the meeting held March 28, 1979 were accepted.
Chairman Boulger read a letter received from Janet L. Xaney of 4 Vista Avenue
Salem. Mrs. Ganey requested an additional extension on the variance granted
October, 1977 to build on an undersized lot on Scenic Avenue (16 Scenic Avenue) .
She cannot build on the lot until the City sewer project reaches her land. On the
motion of Mr. Luzinski, seconded by Mr. -Hopper the Board voted unanimously to grant
an extension to Mrs. Ganey, until such time as the city sewer system in installed
in that area.
Atty. James Harris, 11 Peabody Sq. , Peabody, representing Edgar Dow' s petition
for construction of a two family house at 32 March Street, scheduled for hearing
at this meeting appeared and requested permission to, withdraw the petition, without
prejudice, as his client must get approval from the Conservation Commission first.
On the motion of Mrs. Lundregan, seconded by Mr. Hopper, leave to withdraw without
prejudice granted by unanimous vote.
Atty. George Vallis, representing the Salem Redevelopment petition for construction
at 22 Central Street requested permission to withdraw without prejudice and to
be heard at the May meeting of the Board, as the petitioner wishes to make revisions
in their application. On the motion of Mr. Hopper, seconded by Mr. Luzinski, leave
to withdraw without prejudice unanimously granted, and petition to be resubmitted
for the May meeting.
Mr. Boulger read to the Board a letter received from Atty. Donald Koleman,
representative of the petition of Salem Town Houses at 31-37 Union St. & 13-15-18
Herbert Street. Mr. Koleman requested that the petition scheduled for a hearing
at this meeting be given leave to withdraw without prejudice, and allowed to
be heard at the May meeting because of the fact that a list from the Assessors
office received by the Board on April 24, 1979 showed one abutter that did not
appear on the previous lists submitted by the Assessors, and therefore this abutter
did not receive notice of the hearing. On the motion of Mr. Hopper, seconded by
Mrs. Lundregan, leave to withdraw without prejudice unanimously granted.
43 Essex Street - John M. Collins & Ralph J. Schiavone d/b/a/ North Shore Auto Clinic
Petition of North Shore Auto Clinic for a Special Permit to sell previously
owned automobiles on the premises presently used as a gas station and garage for
automobile repairs at 43 Essex Street (R-2 District) .
1 41L,
MINUTES OF. BOARD OF APPEAL MEETING HELD APRIL 25, 1979 PAGE TWO
North Shore Auto Clinic (Continued)
• Letters in opposition to the petition were received from the Planning Board,
Ward I Councillor George Nowak, Marjorie Copeland, 74 Washington Sq. , and Mr. & Mrs.
Orlando Rizzotti, 36 Essex Street, Salem.
Atty. George Vallis, 1 Church Street, represented the petitioner. He stated
that the station does not do a volume-,business on gas. The bulk of their work
is the repair of cars; which customers will bring in for repair and then ask if
they could leave the car to be sold. He stated that they would only have 2 vehicles
on the premises for sale at one time. Mr. Vallis suggested that the Board could
given them a Special Permit for a period of 1 year, to give them a chance to show
it would not be a. detriment to the neighborhood. Frank Heming, 46k Essex Street,
whose house is off of a private way on the other side of Essex Street, appeared
and stated the private way is ofter blocked by parked cars, though he admitted he
did not know if these cars belonged to the gas station. Mark Greenblatt, 22
Forrester St, Salem spoke in opposition.
Atty. Vallis in rebuttal stated that the petitioners will not be creating a
used car lot and that the appearance of the lot will not change. Hearing closed.
Mrs. Lundregan stated that the area is very congested, and she felt it would
be a mistake to add to it. Mr. Luzinski agreed with Mrs. Lundregan. Mr. Luzinski
moved to deny the petition. Mrs. Lundregan seconded. By roll call the following
voted to deny: Mrs. Lundregan, Mr. Nutting, Mr. Luzinski, and Mr. Boulger. Mr.
Hopper voted to grant. Petition denied.
• --------------------------------
119 Webb Street - Robert J. Rouleau (Walsh Construction Co.)
Petition of Robert J. Rouleau to -extend the existing non-conforming use at
119 Webb Street by the erection of a 12 foot high storage building for construction
materials. Mr. Piemonte was appointed a voting member to hear this case in place
of Mr. Boulger.
Letter were received from Roland Erwin, 4 Webster St. , and Robert Larrabee,
11 Pleasant St. in favor of the petition. Mr. Robert Rouleau presented the case
before the Board. He stated he wished to construct the building for the storage
of materials that are presently left out in the yard, which would improve the
appearance of the property, and theespace used by the materials could be used for
parking of the office personnel. Mrs. Lundregan asked if the rear abutter was
residential. Yes. Mr. Piemonte asked what material the building would be. Mr.
Rouleau stated concrete block with an overhead door. Mr. Nutting asked how long
the firm had been at this location. Sinceal928. Mr. Rouleau stated the property
in the rear is elevated and the building would only be four feet above their
property line. Mr. Nutting inquired as to the type of equipment to be stored.
Mr. Rouleau stated hardware, wood, staging., He stated the number of people employed
varies from six to forty, but only the office workers (3) park at this address.
Mr. Frank Harrison, President of Naumkeag Trust spoke and stated he felt that any-
thing Mr. Rouleau did would not be detrimental to the neighborhood. Councillor
Usovicz, of Ward II appeared and spoke in opposition. He stated the problem is
• one of an expanding non-conforming use is a residential area. He agreed the yard
should be cleaned up, but without this addition.
Mrs. John Cronin, 9 Pleasant Street appeared and spoke in opp6sition.
'MINUTES OF BOARD OF APPEAL MEETING HELD APRIL 25, 1979 PAGE THREE
• Robert J. Rouleau (Walsh Construction Co.) continued
Mr. Paul Godjikian, 117 Webb Street appeared in opposition. He abuts the
construction company and he felt it would lower the value of his property.
Mr. Robert Larabee, 11 Pleasant St. appeared in opposition. He stated that when
he wrote the letter approving of the petition he had just moved in, and did not
realize how it would affect his property.
In rebuttal Mr Rouleau stated that he had not expected so much opposition,
and he did not want to aggr;.vate the neighbors. He stated he has a problem with
planking in the winter months, and he had felt this building would improve the
property. Mr. Nutting inquired as to why the building was 12 foot high. Mr.
Rouleau stated he needs a 10 foot door, and that requires a 12 foot building.
Hearing closed.
Mrs. Lundregan stated that the Board has been opposed to other petitions
extending businesses in this neighborhood, and felt this would be a detriment.
Mr. Piemonte question if the hardship on the owner was greater than the hardship
on the abutters. He was in favor of the petition. Mr. Hopper stated that by
allowing the construction of this building, the Board would be extending the
non-conformance of the business.
Mr. Piemonte moved to grant the petition. There was no second. Mr. Hopper
moved to deny. Mrs. Lundregan seconded. Petition denied by roll call vote:
To deny: Mrs. Lundregan, Mr. Hopper, Mr. Nutting, Mr. Luzinski. To grant Mr.
• Piemonte. Petition denied.
---------------------------------
17 Belleview Avenue - William & Donna Lach
Petition of William T. and Donna M. Lach to construct a chimney and fireplace
on the dwelling at 17 Belleview Avenue which will extend into the required 10
foot side yard. Mr. Latch stated the chimney will extendl4 feet along the side of
the house, and the adjacent property is a paper street upon which a neighbor's
garage is located. He stated that he is in the business of building fireplaces,
and he intends to partially heat his house with this fireplace. There was no
opposition. Hearing closed.
Mr Nutting moved the petition be granted. Mr. Luzinski seconded. Petition
granted by roll call vote: Mrs. Lundregan, Mr. Hopper, Mr. Nutting, Mr. Luzinski,
and Mr. Boulger - unanimous. Petition granted„for the extension into the side yard
up to 1'k feet.
The Board voted that the next meeting will be May 17, 1979 at 7:00 P.M.
If the Board receives enough abutters from the Assessors office, a meeting will also
be held on May 23, 1979 at 7:00 P.M.
Mrs. Lundregan informed the Board that this is her last meeting, and she has
informed the Mayor that she will not be able to accept a re-appointment due to the
expansion of her law practice.
• On the motion of Mr. Nutting the.mmeeting adjourned at 8:30 P.M.
Res ectfully submitted,
Theresa I. Carr
h (llitg of Salem, Musear4usetts
• �;a� � Po b of Mral
MINUTES OF THE MEETING OF THE BOARD OF APPEAL HELD ON THURSDAY, MAY 17, 1979
The Members of the Board of Appeal met in open session on Thursday, May 17, 1979
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 May 3 and 10, 1979, and notices were
sent postpaid to abutters and others in accordance with Mass. General Laws.
On roll call the following answered present: James Boulger, Chairman,
Arthur LaBrecque, Douglas Hopper, John Nutting, and Associate members Joseph
Piemonte and Edward Luzinski. It was voted that Mr. Luzinski be a voting member
on cases 1, 3 and 5, and Mr. Piemonte be a voting member on cases 2, 4, and 6.
On the motion of Mr. Nutting, seconded by Mr. Luzinski the minutes of the
meeting held April 25, 1979, were accepted.
31-37 Union Street & 13-15-18 Herbert Street - Robert C. Wilbur, Gerald Fandetti
and Douglas Bell d/b/a Salem Town Houses (R-2 District)
Petition r@questing a variance to erect three 5 room duplex units, to be sold
• and owned by individual homeowners on individual lots on the property located at
31-37 Union St. (2 units on Herbert St. and 1 on Union Street) . A letter was
received from Councillor Nowak stating that he has not received any calls, either
in favor or opposed to this petition, but that he hopes the Board would consider
the neighbors in the area relative to parking when they make a decision on this
matter.
Atty. Donald Koleman, 328 Essex Street, Salem represented the petitioner.
He stated this matter was before the Board about 6 months ago, and this a totally
different proposal with the density reduced 33%. There is adequate parking, 2
spaces for each unit, and the buildings are a good scale for the neighborhood.
He stated basements have been added to the houses. He stated that they have
brought the parking around to the Herbert St. side.
George & Hilda Mello, 5 Hodges Ct. , and Mary Stickens, 4 Hodges Ct. were recorded
in favor. Ten abutters came up to view the model and felt that the parking on
the Union St, site should be moved to the Union St, side. Eva Charest and Irene
David, 2 Hodges Ct. and-Jane LaChapelle of 19 Hodges Ct, were recorded in favor.
Mr. Gerald J. Wilkins, 9 Herbert St, asked if the units would still have wood
burning stoves. The developer said yes.. Appearing in opposition were Mr. Wilkins,
9 Herbert St. ; Adam Raczkowski, 7 Herbert St: ; John Zdancewicz, 9 Herbert St. ;
Dorothy Raczkovski, 9 Herbert St. ; Henry Wadach, 7 Hodges Ct. ; Joseph Wioncek,
23 Herbert St. ; Jane Koza, 10 Herbert St. ; Jane Boltrukiewicz, 16 Herbert St;
Thomas Smith, 21 Herbert St. & 10 Hodges Ct. ; Stanley Kozek, 10 Union St. ; Jane
Winoncek, 23 Herbert St. ; H. Pszenny, 7 Hodges Ct. ; A. Tyburski, 22 Herbert St. ;
and Mary Ann Zdanowicz, 9 Herbert St.
MINUTES OF BOARD OF APPEAL MEETING HELD MAY 17, 1979 PAGE TWO
• Salem Town Houses (Continued)
Rebuttal - Atty. Koleman stated that the lot will not remain vacant for
resident parking, the owner has has an offer from Pickering Wharf and if they were
to use it for parking, the;, residents will have a much bigger traffic problem.
He felt that the granting of this variance would not be in derogation to the
Zoning By-laws nor a detriment to the neighborhood. He stated there is a hardship
with the land, as it would be impossible to create anything that would be in
conformance. Hearing closed.
Mr. Luzinski asked and received permission to address the audience. He stated
that they may be faced with a choice of these 6 family units or a loss. of their
parking anyway if the land is sold for public parking.
Mr. Nutting stated that this was a well though out plan, and he wondered what
would come next on this land if this petition is turned down. He stated he would
be proud to have this construction in his area.
Mr. Bou;-ger stated these parcels of land, would involve a hardship to the
applicant, and that this petition will not derogate from the Zoning Ordinance.
Mr. Boulger moved to grant the petition with the condition that the parking for
the unit on Union Street be reversed from Herbert St. to Union Street. Mr. Nutting
seconded the motion. ROLL CALL: To grant: Arthur LaBrecque, John Nutting, James
Boulger. To deny: Douglas Hopper, Edward Luzinski. Petition denied. Mr. Boulger
moved reconsideration at next meeting. Mr. LaBrecque seconded. Reconsideration
• voted.
20-24 Central Street - Parcel RC-11B - Salem Redevelopment Authority & Pasguanna
)----Developers, Inc. (B-5 District)
Petition to erect a building containing 34 dwelling units, and will provide
29 off-street parkings spaces. The proposed use does not meet .the parking
requirements and certain density regulations, namely lot coverage and front, side
and rear yard setbacks.
A letter was received from the Planning Bd. to Mr. Olney of SRA, relative to
the parking. A letter was received from Ralph Kouri, 226 Essex St. , opposed because
of the parking. A letter was received from William Carmen, an abutter, in favor
of the project but opposed to the proposed location of the compactor.
Atty. George Vallis, 1 Church St. , Atty. for the Salem Redevelopment Authority
represented the petitioners before the Board. He stated the parking for the residents
of the building will consist of 29 spaces that will be in the basement of the building.
The'structure will contain commercial spaces on the ground floor. He stated it may
become a condbminium:rather than a landlord tenant arrangement. There will be three
stories above the lst floor. The building will have virtually zero setbacts on all
sides except the south side which has 22 feet including a public walkway. He stated
the SRA purchased the property in 1970, at which time there were a number of buildings
• on the site.The buildings were leveled about 2'k years ago for parking in the area.
This is the 4th proposal for construction on the site.
Mr. Vallis stated in the event more parking for residents is necessary the
owners will arrange for it in the Parking Garage.
MINUTES OF THE BOARD OF APPEAL MEETING HELD MAY 17, 1979 PAGE THREE
• Salem Redevelopment (Continued)
He further stated that this was the single most important building south of
Essex Street to the whole renewal project. Cris Onley, of Salem Redevelopment
appeared in favor, and Gregory Senko, City Planner appeared in favor. Arthur
Aubury, of the Toy Emporium appeared in favor. John Giardi, manager of Red's
Sandwich Shop appeared in opposition. Shamas Bhaloo, owner of Chuck''s`Steakhouse
appeared in opposition because of the lack of parking in the area.
There was no rebuttal. Hearing closed. Mr. Hopper moved the petition be
granted. Mr. LaBrecque seconded. Mr. Boulger stated that the condition on this
parcel are a hardship to the SRA, and desirable relief may be granted without
detriment to the public good. Roll Call; Voting to grant: Arthur LaBrecque,
Douglas Hopper, John Nutting, Joseph Piemonte and James Boulger. GRANTED by
unanimous roll call vote.
56 Winthrop Street - K. Frank Konkel (R-2 District)
Petition for a Special Permit to change the non-conforming use of the building
from the storage of food products to the storage of painter's riggings, ladders, and
equipment.
• Atty. Albert Pitcoff;. 70 Washington St. represented the petitioner before the
Board. He stated the building was erected long before 1945, and that the use has never
been abandoned. The proposed new occupant would be the Berube Painters, and they
would only use it for the storage of their equipment as they have a store and office
on Ward St. where their paint supplies are kept. There will be no traffic" from
the use of the business and the situation will be much better than it is now.
A letter to Councillor Lovely from the Fire Department relative to the storage
of inflammables were received and made a matter of record. A letter was received ✓
from five abutters in favor of the petition. Mr. Philip Berube, Vice-president of
A. Berube & Sons spoke for the petition. He stated they will paint the building and
repair the roof. He stated they would probably arrive above 7:00 A.M. to pick up
their equipment and return around 4:30 P.M. He stated that inflammables such as
thinners are kept at his office on Ward Street. Appearing in favor was Ernest
Delpero, 70 Winthrop Street, who stated the present tenant has trailer trucks coming
and going all day.
Appearing in opposition were Albert Bianchi, 52 Winthrop St. ; Mr. Marfongelli, 34
Winthrop St. ; Salvatore Bordanaro, 58 Winthrop St. ; John Donahue, 30 Prescott St. ;
Nancy Zarella, 62 Winthrop St. ; Robert Rouse, 45 Winthrop St. 3 Councillor Lovely
and Councillor Centerino spoke in opposition. Rebuttal - Mr. Pitcoff stated if
the neighbors are concerned about storage of inflammables, conditions can be imposed
as to maximum storage. He stated the building is made of concrete block. Hearing closed.
After -discussion Mr. Hopper moved a Special Permit be granted with the following
conditions: 1. No storage of paint or inflammable liquids and 2. All storage shall
be within the building. Mr. Luzinski seconded. Voting to Grant: Arthur LaBrecque,
•
Douglas Hopper, John Nutting, Edward Luzinski, and James Bougler. GRANTED unanimously
-MINUTIES OF THE BOARD OF APPEAL MEETING HELD MAY 17, 1979 PAGE FOUR
• 48 Broadway, Salem Plating, Walter Smith (Owner) (Industrial District)
The petition requests a Special Permit to extend a non-conforming structure
to provide for additional interior storage area.
Atty. John Serafini, Jr. , 46 Federal St. represented the petitioner before
the Board. He stated that there haveYbeen no complaints from the neighbors as to
the operation of the business, and that the proposed addition is not unreasonable
in size. He stated to deny the petition would cause a hardship to Mr. Smith as he need
the extra space. He stated the neighboring business has agreed to provide more
parking spaces if they are needed. There was no opposition. Hearing closed. Mr.
Boulger stated this petition would nullify the intent of the zoning ordinance and that
there is no hardship on the owner. The lot is greatly undersized. Mr. Piemonte
disagreed. He stated this is a sound business, it is not a detriment and that
Salem needs this type of industry. After further discussion Mr. Nutting moved to
grant the Special Permit. Mr. Piemonte seconded. Roll Call: to grant: Mr. LaBrecque,
John Nutting, Joseph Piemonte. To denyi`'Douglas'Hopper, James Boulger. Petition
denied. Mr. Nutting moved reconsideration next meeting. Mr. Piemonte seconded.
Reconsideration denied by roll call vote 3 Yeas, 2 Nays.
t�ht�Ylc�t�Fx*ic�hic�k��efc�c�t�cYc
72 Loring Avenue - Esther Realty Trust (B-2 District)
• Petition for a Special Permit to use the premises for a recreational facility,
namely `a" , racquetball facility.
Atty. John Serafini, Sr. , 62 Federal Street represented the petitioner before
the Board. He stated that this a permitted use in B-2 with a Special Permit.
He introduced Michael Shooltz, who will be the developer and operator of the
facility. Mr. Shooltz, showed plans of the exterior of the building-,'-which will
cost approximately $975,000.00 and return $40,000.00 annually to the city. He
stated there will be 66 parking spaces, and the lot coverage will be about 20%.
The building will be 24 feet high, sound contained, of masonry construction and
will be a membership club. Cornelius Crean of 11 Adams St. appeared in favor,
but requested a permanent chain across the end of his street so that it would
not be used as a short cut. Paul and Madeline LeBrun, 401 Jefferson Avenue
appeared in opposition and had the following questions.: What would be the hours
- 7 A.M. to 11 P.M. -Air conditioning - It would be shielded. Lights - they would
be low and not affect the neighbors , fence - they would be agreeable to erecting
one. Hearing closed.
Mr. Nutting moved to grant the Special Permit with the following conditions:
1. The air conditioners be more to the front with accoustic screen shielding;
2. A fence be constructed. 3. Adams St. be blocked off with large boulders and
chain link. Mr. LaBrecque seconded the motion. Roll Call: Voting to grant:
Arthur LaBrecque, Douglas Hopper, John Nutting, EdwardLuzinski, James Boulger.
GRANTED: Changes to.be presented to Mr. Powers for submission to Mr. Boulger for
approval.
MINUTES OF THE BOARD OF APPEAL MEETING HELD MAY 17, 1979 PAGE FIVE
72 North Street - Harry Andrews (R-2 District) RECONSIDERATION
Atty. John Serafini, appeared before the Board requesting permission to re-
submit the petition of Harry M. Andrews to extend the non-conforming use of the
structure at 72 North Street,..formerly a fast food operation by incorporating into
his adjacent business,la car wash. Mr. Boulger moved reconsideration denied.
Atty. Serafini stated that the petitioner must be heard as to why the petition
is substantially different from the one denied at the March 28th, 1979 meeting.
He stated that before the Burger Chef was at this r location there was a shoe
factory, and the area was always in an Industral Zone.The other side of the street
is an Industrial Zone. In 1969 this land was changed to R-2 and the buildings became
non-conforming. The proposal before was to add 4 more bays, now Mr. Andrews has
provided for landscaping, roof, facade, and enclosure. . He stated he could rent
out the Burger Chef to another Fast Food operation, but this plan would eliminate
the fast food completely.
Atty. Serafini requested that the petitioner be allowed to go back to the
Planning Board, he already has Conservation approval. It is an opportunity to
up-grade area. The City Marshal will be thrilled to eliminate the fast food business.
Nondas Loganogus, who try to run this stand as one of chain, stated he lost $80,000.00
at this location. Mr. Andrews spoke for his petition and stated that the alternative
to his proposal is to revert to a fast food operation. Hearing closed.
Mr. Piemonte staled the request for reconsideration seems reasonable. Mr.
Nutting stated that the majority of the Board voted in favor of the petition the last
time, and it has be substantially improved on. Mr. Boulger moved reconsideration be
denied. No second. Mr. Nutting moved for reconsideration because of the substantial
changes made in the petition. Mr. Piemonte seconded. Roll Call: For reconsideration,
Arthur LaBrecque, John Nutting, Joseph Piemonte. Against: Douglas Hopper, and
James Boulger. RECONSIDERATION DENIED.
The Board voted to hold two meeting in June. Thursday, June 14, 1979 at 7:00 P.M.
Wednesday, June 20, 1979 at 7:00 P.M.
The meeting adjourned at 11:35 P.M.
i
Respectfully submitted
Ctp of Ante 1t, Anzaac4useth,
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MINUTES OF THE MEETING OF THE BOARD OF APPEAL HELD ON WEDNESDAY, MAY 23, 1979
The Members of the Board of Appeal met in open session on Wednesday, May 23, 1979
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 May 9 and 16, 1979, and notices were sent post-
paid to abutters and others in accordance with Mass. General Laws.
On roll call the following answered present: James Boulger, Chairman, Arthur
LaBrecque, Douglas Hopper, John Nutting and Associate member Joseph Piemonte. Mr.
Boulger appointed Mr. Piemonte as a voting member for the evening.
Mr. Nutting moved that the minutes of the meeting held May 17, 1979 be amended
on Pg. 5, Harry Andrews case to include the following: "Mr. Hopper withdrew from
voting because he had not been at the March 28th meeting when the original petition
had been submitted and did not know what the substantial changes were from the
original petition. Voting for reconsideration: Arthur LaBrecque, John Nutting,
Joseph Piemonte. Voting against James Boulger. Only 4 votes. Mr. Boulger stated
Mr. Hopper was a full time member and must vote of petition. Voting for reconsideration:
Arthur LaBrecque, John Nutting, Joseph Piemonte. Against Douglas Hopper and James
• Boulger." Mr. Piemonte seconded motion to amend the minutes. Minutes as amended
approved.
31-37 Union Street & 13-15-18 Herbert Street - Robert C. Wilbur, Gerald Fandetti and
Douglas Bell d/b/a Salem Town Houses (Reconsideration)
Atty. Donald Koleman, 328 Essex Street, representing the petitioners; stated
they met with the abutters after last week's meeting and this is their 3rd attempt to
please the neighborhood. Mr. Wilbur displayed 3 proposed site plans. The first
was the plan shown at the last meeting, with all the parking on Herbert Street. The
2nd site plan moved the parking for the Union St. building from Herbert St. to Union
St. and reduced the spaces to one for each unit. The 3rd site plan leaves the smaller
site on Union St. for neighborhood parking and places the 6 units on the Herbert St.
land with one parking space for each unit.
Atty. Koleman stated the petitioners are willing to guarantee 21 spaces for
neighborhood rental for a period of one year. He stated that they have been responsive
to the neighborhood, and that there is a definate hardship that goes with the land. He '
stated that these are not cheap houses, and the surrounding property will be increased
in value.
Hilda Mello, 5 Hodges Ct. stated she was not in favor of Plan #3, but was in
favor of Plan # 2. She stated there is parking at the Custom House. Mary Stickens,
4 Hodges Ct. was recorded in favor of Plan #2.
Gerald Wilkins spoke in opposition to the petition and submitted a petition of
34 abutters in opposition. Mr. Chester Kohn, corner of Herbert & Derby Sts. appeared
and spoke in opposition. Councillor George Nowak appeared and spoke in opposition.
MINUTES OF BOARD OF APPEAL MEETING HELD MAY 23, 1979 PAGE TWO
Mr. Koleman in rebuttal, stated the opposition theme,'is that the neighborhood
is deprived of parking on a private lot. To deny all the proposals submitted would
be unfair. This land will need a variance or special permit regardless of what is
proposed. Hearing closed. The Board debated the three proposals before them. Mr.
Hopper moved to deny. No second. Mr. Boulger moved to grant ass presented on Site Plan
2. . Mr. Nutting seconded. Voting to grant: Arthur LaBrecque, John Nutting, Joseph
Piemonte, and James H. Boulger. Voting to deny Douglas Hopper. VARIANCE GRANTED.
16 Tremont Street - Arthur & Rosella Statezni (R-1 District)
Petition is to convert an existing porch into a bathroom and den. The proposed
construction will extend the existing non-conforming side line of 2 feet, 5 inches and
leave a rear yard line of 7 feet at one point.
Mr. Statezni represented himself before the Board. He stated that his family
is growing and they need the extra•:room. He presented a petition signed by 12 abutters
in favor of the petition. There was no opposition. Hearing closed. Mr. Boulger stated
that the Board could give the desired relief from the zoning by-law, as this is a hard-
ship for the family and the granting will not affect the neighborhood. Mr. Nutting
moved to grant the petition. . Mr. LaBrecque seconded. Voting in favor: Arthur LaBrecque,
Douglas Hopper, John Nutting, Joseph Piemonte, and James Boulger, GRANTED BY UNANIMOUS
VOTE.
18-20 Kosciusko Street - William & Adele D. McKinnon (R-2 District)
• The Petitioners are requesting relief from set back requirements, lot size,
and density requirements to permit the construction of a duplex town house. The house
will have 12'k feet in the rear and be 3 feet from the street, which is consistent with
the houses in the neighborhood. There will be 3 off street parking spaces. It has been
presented to the Historic District and they have approved the concept. It is pending
before the Planning Board.
Donald Felt, owner of prone°rtytat 9 Kosciusko St. and 26 Daniels Street appeared
in favor. The petitioners William and Adele McKinnon appeared in favor. The following
abutters appeared in favor: Jay Chapin, 16 Kosciusko St. , L. Jones, 14 Kosciusko St. ,
Peter Conway, 4 Daniels St. Ct. , Drew Kingson, 1 Daniels St. Ct.
Appearing in opposition were Mr. Koman, whose wife is the owner of 12 Kosciusko St. ,
Mrs. Lussier of 19 Kosciusko St. appeared in opposition to one of the parking spaces
planned, but not in opposition to the house. She requested that the parking be moved to
the other side of the house. Councillor Novak asked if the petitioners had contacted the
Historic Commission - yes. Appearing in favor Dorothy Tardiff, 8 Kosciusko St.
- Rebuttal - Atty. Donaldson stated that the parking space referred to by Mrs.
Lussier is no real problem. Hearing closed. After discussion by Board, Mr. Piemonte
moved to grant the petition with the following conditions: 1, there be a 2 foot wide
grass strip on the north property line; and 2. That the petitioner have the approval of
the Conservation and Historic Commissions. Mr. Nutting seconded the motion. Roll
Call: Voting to grant: Arthur LaBrecque, Douglas Hopper, John Nutting, Joseph Piemonte,
and James Boulger. GRANTED BY UNANIMOUS VOTE
. 402 Essex Street - Frank Litwin (R-2 & B-1 Districts)
The petitioner is requesting - 1. A special permit to allow him to use Lot B for
parking as Lot B is in a R-2 District; and 2. A variance from the density regulations
for Lot A which is also in a R-2 District.
MINUTES OF BOARD OF APPEAL MEETING HELD MAI 23, 1979 PAGE THREE
Atty. Timothy Davern, 26 Lynde St. represented the petitioner before the Board.
He stated that the petition is to make legal a condition that has existed for 10 years.
Lot B would be parking of cars, as it presently is and Lot A. , which has a residence
`on;it� even with the reduced lot size will still be larger than the surrounding lots.
The petitioner has a purchase and sales agreement for the house and wishes to divide
the land legally. There was no opposition. Hearing closed. After discussion by the Board,
Mr. Hopper moved to grant the petition. Mr. Boulger moved it be conditioned that Lot B
be used for parking of operational vehicles only, no trucks or wrecks, and that Lot A
remain residential. Mr. LaBrecque seconded the motion as amended. Roll Call: Voting
to grant: Arthur 'LaBrecque, Douglas Hopper, Joseph Piemonte, James Boulger. Voting
to deny John Nutting. SPECIAL PERMIT& VARIANCE GRANTED.
199 Jefferson Avenue - Colonial Real Estate Trust (R-3 District)
Mr. Boulger withdrew from voting on this case. The petitioner wishes to add a 14
foot by 33.33 foot long addition to the building and to continue the use of the building
as a professional office as previously permitted by the Board of Appeal.
Atty. Timothy Davern, 26 Lynde St. represented the petitioner before the Board.
Atty. Davern stated that both the structure and the use are non-conforming, and the
petitioner wishes to add to the structure. He stated that there will be parking on the
site, the premises will be leased by Mr. John Phelan, a medical doctor, who will see
approximately 16 to 18 people a day. The hours will be 10:00 A.M. to 5:00 P.M. 4 days
a week. He will employ 2 office girls, who will park down the street at the Colonial
Road parking area if necessary.
• The petitioner has agreed to put up a stockade fence between the parking spaces
and the existing house. Councillor Lovefiy„appeared and spoke in favor. He stated that
this would be a better use for the neighborhood than the sub shop that was there. Marc
Thibodeau, 200 Jefferson Avenue appeared in favor. Leo Corbin, 231 Jefferson Avenue
appeared in opposition, because of the parking and traffic problems on Jefferson Avenue.
Atty. Davern, in rebuttal stated that there was no parking on the lot before, and
that this a less non-conforming use for the building. Hearing closed. Discussion by Board.
Atty. Davern requested permission to withdraw the petition without prejudice. Mr.
Labrecque moved permission to withdraw without prejudice. Mr. Nutting seconded. Roll
Call: for withdrawal - Arthur LaBrecque, Douglas Hopper, John Nutting, Joseph Piemonte.
REQUEST FOR WITHDRAWAL GRANTED.
250 Jefferson Avenue - J. & S. Auto Body, Petitioner - M. & L. Realty Trust, Owner (B-1 & R-2)
Petitioners are requesting permission to sell used cars as part of the business they
are conducting from this address. Stephen Lerman, petitioner spoke before the Board.
He stated that they wish to apply for Class 2 Dealer's License in order to buy cars
at the auctions. They are not planning to make the site into a used car lot. All cars
will be stored in the building. They are planning on only purchasing one or two cars a
month in order to keep busy between their repair jobs. There will be no signs outside
advertising the sale of cars, they will be sold to family and friends. Councillor
Lovely appeared, but stated he was neither in favor or opposed. He said these have been
the best tenants that the neighbors have ever had at this location, but the neighbors
do not want the previous problems to return. He urged the Board that if this request
is granted, it should be restricted to avoid any future problems.
MINUTES OF BOARD OF APPEAL MEETING HELD MAY 23, 1979 PAGE FOUR
250 Jefferson Ave. (Continued)
Appearing in opposition were Mrs. Gloria Riley, 247 Jefferson Ave. , Pauline
and Edward Vass, 232 Jefferson Ave, who submitted a copy of the accidents on
Jefferson Ave, for 1978, Mrs. Albert Blanchette, 230 Jefferson Avenue, Mr. Martel,
10 Cloutman Street. A letter was received from Joseph Bernard- 232 Jefferson Ave.
in opposition.
Mr Lerman, in rebuttal, stated all cars would be in the building. The neighbors
are allowed to park on the property in the winter. They have always tried to be
considerate of the neighbors, and this would not change the operation of their
business. Hearing closed.
Mr. Boulger stated a Special Permit with restrictions could be granted without
detriment to the public good, and there is hardship on the part of the petitioners.
Mr. Hopper moved to grant with the following restrictions suggested by the Board.
1. The Special Permit be for a period of 1 year; 2. There be no cars parked outside
except customers coming and going; 3. The petitioners plant trees and shrubbery on
Lot 51; 4. They plant trees in front and keep area clean; 5. They buy a maximum of
3 cars a month; 6. No cars for sale displayed; 7. No for sale signs. Mr. Nutting
seconded the motion to grant with conditions. Roll Call: to grant: Arthur LaBrecque,
Douglas Hopper, John Nutting, Joseph Piemonte, James Boulger. SPECIAL PERMIT FOR
ONE YEAR GRANTED UNANIMOUSLY.
• Mr. Howard Knight, representing the Wally Byam's Caravanners Club, appeared
before the Board. He submitted a letter from City Solicitor William J. Tinti,
address to Building Inspector John B. Powers, stating it would be appropriate
to issue a Special Permit to stay at Winter Island during the Heritage Days
celebration. Mr. Knight stated he has the approval of the Mayor, Health Agent,
City Engineer and Trustees of the Plummer Home for Boys.
After discussion by the Board, Mr. .Piemonte moved that the Board vote to
approve.with the following conditions: 1. . They will not exceed 50 units; 2. .Permission
is for August -17, 18, 19, 1979 only; 3. There will be no fees charged; 4. They
will work with the Heritage Day Committee; 5. This approval does not set a precedent
for other groups. Mr. LeBrecque seconded. Voted, unanimously.
;gs will be June i3-h '1- :1 Jean_.:'Y, �
Meeting adjourned at 11:35 P.M.
Respectfully submitted,
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MINUTES OF THE MEETING OF THE BOARD OF APPEAL HELD ON FRIDAY, JUNE 15, 1979
The Members of the Board of Appeal met in open session on Friday, June 15, 1979
at 7:00 P.M. at One Salem Green for public hearings. Said notice of hearing was
duly published in the Salem Evening News on June 1 and June 8, 1979, and notices
were sent postpaid to abutters and others in accordance with Mass. General Laws.
On roll call the following answered present: Arthur LaBrecque, Douglas Hopper,
John Nutting and James H. Boulger.
On the motion of Mr. Nutting, seconded by Mr. LaBrecque, the minutes of the
last" meeting were approved, subject to their being amended by Mr. Boulger as to
the legal framework.
42 Dow Street - John R. Medeiros (R-3 District)
Petition is requesting permission to alter an existing two-family house, by the
addition of a third floor apartment, without the necessary parking as required by
Section 7 of the Zoning By-Law.
Mr. Mederios represented himself before the Board. He stated that the rooms
on the 3rd floor were used by the previous owner as bedrooms for the second floor
apartment. He is single and would like to move to the 3rd floor. He stated the
Building Inspector has approved the construction plans for the new stairway, and
the area is zoned R-3, the only thing he does not have is parking of any kind.
He stated there are vacant lots in the area that are available for parking. Mr.
Nutting asked about removing the back porch to provide for parking. Mr. Medeiros
stated there would only be room for 1 car. There was no opposition. Hearing closed.
Discussion by Board - Mr. Nutting stated he could not support the petition because
of the parking situation. Mr. Boulger stated that with the 3rd apartment, the owner
then provide parking for all three apartments - 1'k per apartment. Mr. Boulger suggested
that the petitioner could request leave to withdraw, and come back when he has obtained
parking for the 3 tenants. Mr. LaBrie moved the petitioner be given leave to withdraw.
Mr. Hopper seconded. Roll call: Mr. LaBrecque, Mr. Hopper, Mr. Nutting, Mr. Boulger
all voting leave to withdraw without prejudice.
9 Collins Street - Rosario Richard (R-2 District)
Petitioner is requesting to alter an existing one-family dwelling, by adding
another apartment on the second floor. The property is presently non-conforming as
to lot size, lot width, and front and side setbacks.
Mr. David Jaquith, architect for the petitioner, presented the petition to the
. Board. He stated there are four parking spaces, and the only addition to the exterior
of the house would be a stairway to the 2nd floor. The house is located in an two-
family zone. Mr. Richard appeared and stated his wife is crippled and cannot use the
second floor. They reside in Florida in the winter and would prefer to have someone
living in the house year round. They have lived there 8 years and have no intention
of selling the house. Mr. Boulger noted that the plans do not show the locations of
the houses on the abutting properties. Mr. Jaquith stated he would be glad to provide
MINUTES OF THE BOARD OF APPEAL MEETING HELD JUNE 15, 1979 PAGE TWO
• it by June 20th, the night of the next meeting. Mr. Nutting reminded Mr. Jaquith that
the Board was operating with only 4 members, and and petition heard will need a unanimous
vote. There was no opposition. Hearing closed. Mr. Boulger moved that due to the
lack of information supplied by Mr. Jaquith the case be continued at the next meeting.
Mr. LaBrecque seconded. Voted unanimously.
10 West Circle - Thomas & Claire Nee (R-1 District)
The petitioners are requesting a variance from the side yard requirement of
10 feet to allow for the addition of a 5 foot side porch. Mr. Boulger withdrew as a
voting member. Mr. Piemonte was contacted, arrived, and made a voting member.
Mr. & Mrs. Nee appeared and stated they wished to add this small porch to
conserve heat, and as part of a larger addition on the back of the house that does not
require Board of Appeal approval. There was no opposition. Hearing closed. Mr.
Nutting stated he had viewed the property, and this addition will not infringe on
anyone's yard. Mr. LaBrecque moved to grant the variance. Mr. Nutting seconded.
Roll Call Vote: to Grant: Mr. LaBrecque, Mr. Hopper, Mr. Nutting, Mr. Piemonte.
GRANTED UNANIMOUSLY
Bch
. 1.06 Derby Street - Dana & Deborah Butchern.(B,1 District)
The petitioners wish to sub-divide the premises into three small gift shops.
A variance was granted for this. property on February 28, 1978, for use without parking
for a sandwich shop or office space or gift shop.
Mrs. Butcher appeared and presented her case. She stated that she recently had
a baby and the shop is divided into 3 departments. She wishes,.td; lease out two of the
departments as separate gift shops and operate the third herself. Mr. Boulger informed
her that if she changes from 1 gift shop to three gift shops she will need 4 parking
spaces, as the variance previously granted will no longer apply. Mr. Hopper stated
that by granting the previous variance for 1 gift shop, the Board had relieved the
hardship. Mr. Boulger stated the previous condition was a definate hardship, this is
not a hardship. Dolores Jordan and Alice Jordan, 97 Derby Street appeared in opposition.
Hearing closed. No rebuttal. Mr. Nutting stated he could not see additional density
in the area without parking. Mr. Boulger stated, they have not proved substantial
hardship, it would deviate from the intent of the zoning ordinance, it would be a detriment
to the public good, and it would derogate from the intent of the By-law.
Mr. Nutting moved to deny petition. Mr. Piemonte seconded. Roll call to deny:
Mr. LaBrecque, Mr. Hopper, Mr. Nutting, Mr. Piemonte and Mr. Boulger. VARIANCE DENIED.
29 Abbott Street - Robert & Patricia Jalbert (R-1 District)
The petitioners are requesting relief from the rear yard and side line requirements
in order to construct a porch, 10 feet by 15 feet at the rear of the house.
The petitioners represented themselves. They stated that because their house
in on a corner they need the required front yard of 15 feet on the side, and they will
only have 11 feet 4 inches. They will have only 27 feet 9 inches in the rear instead of
30.
MINUTES OF THE BOARD OF APPEAL MEETING HELD JUNE 15, 1979 PAGE THREE
The Jalberts submitted a letter signed by 13 abutters in favor of the variance. There
• was no opposition. Hearing closed. Mr. Boulger stated there is a hardship on the property
because of its location; approval will not affect the zoning district; and the Board
can grant relief without detriment to the public good or nullifying the intent of the
Zoning Ordinance. Mr. LaBrecque moved to grant the petition. Mr. Piemonte seconded.
Roll Call to grant: Mr. LaBrecque, Mr. Hopper, Mr. Nutting, Mr. Piemonte and Mr. Boulger.
GRANTED UNANIMOUSLY
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10 Jefferson Avenue - Santo DeFrancesco (R-2 District)
Petitioner is requesting a Special Permit to change the use of an existing non-
conforming industrial building and land, to retail stores and offices.
Atty. Harry Ankeles, 27 Lowell St. , Peabody, represented the petitioner before the
Board. He stated that Surrette Battery had occupied the premises in question for years.
The structure cannot be converted to 2 family homes. He stated Mr. DeFrancesco has been
working on this project for 1 year. The parking lot will contain 39 spaces, and the
vacant lot in the rear will be used for more spaces. They will remove some of the buildings,
and sandblast the original building. The parking space will be renovated, and there will
be paved walkways in the front and rear. The fence will be repaired or replaced. The
second floor plan has been left completely open, .but will conform to a building and health
codes when tenants are secured. He stated that Section SB-10 gives the Board the authority
. to grant this Special Permit, as this is a less detrimental use than what is there, and
it would not derogate from the intent of the Zoning Ordinance.
Mr. Nutting asked what the tax revenue would be to the City. Mr. Ankeles said it
is now $4,500, and the new structure would probably be twice that. Mr. Nutting asked who were
the business neighbors. DPW Garage, Thermo Circuit, wholesale meat establishment, and
Mr. DeFrancesco's present business.
Appearing in favor were: Helen Bassett, 84 Hathorne St. , Brenda Donovan, 86 Hathorne
St. , Mary Ann Landolina, 86 Hathorne St. , Pauline Tragway, 79 Hathorne St. , Richard Julien,
Trustee for 102 Jackson St. Mary Spange, 73 Hathorne St. , appeared and spoke in favor of
the petition. She stated she would like a stockade fence along her property, and would
not like the traffic to come down Hathorne St. There was no opposition. Hearing closed.
There was discussion by the Board relative to traffic using Hathorne Street. Mr.
Boulger stated there can be restrictions on a Special Permit. No food processing is allowed
in an R-2 District, and the individual businesses should come back to the Board. Mr.
Nutting asked Mr. DeFrancesco how many produce trucks would be coming int6 the property.
Mr. DeFrancesco said only 2 trucks. Mr. Piemonte expressed concern for the residents of
Winthrop St. , and the annoyance of trucks going up and down their street., Mr. DeFrancesco
assured him that the trucks will be coming up Jefferson Avenue into the rear of the
building. Mr. Hopper asked if the stairs to the second floor are going to be on the
inside of the building. Yes. Eric Rumpf, 20 Fuller St. , Magnolia, designer explained
that the second floor will be divided after tenants are secured and their needs are known.
Mr. Boulger moved to grant the Special Permit with the following conditions:
1. Supplies and materials deliveries use only Jefferson Avenue.
2. Stockade fence 6 feet high be erected abutting residential properties.
3. No truck deliveries before 7:00 A.M. or after 6:00 P.M. on Winthrop St.
4. Operate from 6 A.M. to 12 P.M.
5. Eight structures will be demolished and the area cleaned up.
. f
i` MINUTES OF THE BOARD OF APPEAL MEETING HELD JUNE 15, 1979 PAGE FOUR
• 6. . Back lot to be used for parking and delivery only.
7. No use specifically excluded from the R-C, R-1, and R-2 will be allowed.
8. A fence will be erected on all lines abutting R-2 property.
9. The dumpster will be on the Winthrop St, side, and enclosed in masonry.
10. Stairways must exit the people in the front of the building.
11. Two stairs in corridor must be included for second story.
12. Doors on first floor in narrow alley must be recessed enough to not swing
into alley.
The meeting adjourned at 9:45 P.M.
Respectfully submitted,
CUR of
. • s Poarb of tAypeal
• a
MINUTES OF THE MEETING OF THE BOARD OF APPEAL HELD ON WEDNESDAY, JUNE 20, 1979
The Members of the Board of Appeal met in open session on Wednesday, June 20,
1979 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 June 6 and 13, 1979, and notices
were sent postpaid to abutters and others in accordance with Mass. General Laws.
On roll call the following answered present: James Boulger, Chairman,
Arthur LaBrecque, John Nutting, Douglas Hopper and Edward Luzinski. Mr. Luzinski
was appointed a voting member for this meeting. On the motion of Mr. Nutting,
seconded by Mr. LaBrecque, the minutes of the June 15th meeting were tabled
until the next meeting.
On the motion of Mr. Nutting, Councillor O'Keefe was granted permission to
address the Board relative to camping on Winter Island.
Councillor O'Keefe stated he is attempting to clear the way for the use of
Winter Island as a camping facility this summer. He stated that the Home for Boys
(Plummer) is in accord with this use. He stated he has meet with Mr. McIntire,
Mr. Powers and Mr. Foley relative to the requirements of the plan. On May 30, 1979
he meet with the Fire, Po1ice,Engineering, Planning and Legal Depts. There was a
public hearing at the Bentley School on June 7, 1979. He stated the Recreation
Dept. will handle the City's involvement. The water hydrant would become the
water supply, there would be signs as . to the regulations, and the Electrical Dept.
will install 1 or 2 lights. The site plan is being developed by the Engineering
Dept. He stated he is appearing before the Board for guidance and requesting the
Building Inspector be allowed to approve the request for this usage.
He stated the usage will be - Recreational vehicles with self contained units;
Number allowed - 40; Time limit - October 15th; Control - Recreation Dept. He stated
this is a comprehensive scheme on a limited basis, and will not set a precedent.
He stated'.the present Zoning Ordinance restricts trailers enough to prevent this
becoming a trailer park. He stated the Planning Department is involved and submitted
a letter from the City Solicitor relative to this use. Councillor O'Keefe informed
the Board that there would be another public hearing at the Bentley School on
Thursday, June 28, 1979, at 7:30 P.M.
Mr. Nutting asked how much of the costs would the fees cover - Mr. O'Keefe -
stated about 90%, that the City's only investment would be for the coater and lighting.
Mr. Hopper asked it he was asking the Board to grant a Special Permit. Mr. O'Keefe-
No, it was his understanding that Mr. Powers could grant the permit. Mr. Boulger
stated that for a Special Permit the matter would have to be advertised, abutters
notified, the Board would want the advice of the Council. He stated that years ago
camping was tried at Forest River Park;and people from in around Boston used the area
Q79-�a 4 -CU year, and Salem residents could not use it.
Chv P1N4
Councillor O'Keefe asked if he must come back to the Board of Appeal; or could
the Building Inspector Mr. Powers issue a Special Permit. Mr. Boulger stated that
if this is rushed through the matter could end up in court. Councillor O'Keefe stated
the idea would not be feasible for this summer is he must wait for the Board of Appeal,
and he felt Mr. Tinti's letter was of the opinion that the Building Inspector could
grant a Special Permit-. Mr. Boulger stated the Board would want a more definate
determination from the City Solicitor.
MINUTES OF BOARD OF APPEAL MEETING HELD JUNE 20, 1979 PAGE TWO
Mr. Nutting informed Councillor O'Keefe that he will request a July 13th meeting,
if this would help. Mr. Boulger stated the Board will need imput from the City Council
• before acting in this matter.
461-463 Highland Ave. & 15 Wyman St. (R-1 & B-2 District) - Nicholas & Lena Fiore
The petition was for the construction of a building to house the owner's con-
tracting business and another unrelated business tenant. A letter was received
from Atty. John R. Serafini, the petitioner's representative, requesting permission
to withdraw the petition without prejudice. The Board voted to allow withdrawal
without prejudice.
13 Puritan Rd. - Wain F. & Ann Marie Fuller (R-1 District)
The petition is requesting a variance from the required side yard of 10 feet
for an existing porch. The porch extends one foot into the required side yard.
Atty. Richard Johnson, 1 Church St. , Salem represented the petitioners. He stated
the petitioner rebuilt the porch a few years ago without realizing that he had
violated the side yard by one foot. He recently went to the bank for re-financing
and they have refused him until a variance is obtained for the porch. Mr. Nutting.
asked what the foundation of the porch'was. Mr. Fuller stated cement columns.
Mr. Boulger asked if he had obtained a building permit to re-build the porch. Mr.
Fuller stated he did not realize that he needed one. There was no opposition. Hearing
closed.
• intentional OBvIiLDIJ �� Opr�
Mr. Boulger stated that the violation was not / , and the vx`iance would no
derogate from the intent of the Zoning Ordinance nor be a detriment to the public
good. Mr. Nutting moved to grant the variance. Mr. LaBrecque seconded. Roll call:
to Grant: Mr. LaBrecque, Mr. Hopper, Mr. Nutting, Mr. Luzinski, and Mr. Boulger.
VARIANCE GRANTED UNANIMOUSLY.
18 South Street - Leroy & Hilda Briggs (R-1 District)
The petitioner is requesting permission to add a second apartment to the one-
family dwelling at this location. Mr. Briggs appeared to represet himself. He stated
his son, who was injured in a car accident is in a wheelchair. He wishes to make
this apartment so that his son can live there with his wife and 2 year old baby.
The apartment can be ramped and it will enable the boy to keep his independence, as
he is living on Social Security and has no savings. Leroy Briggs, Jr. , 18 South
Street appeared in favor. Mr. Briggs stated there are many 2 family houses in the area,
and that none of the neighbors object to his plan. He will be investing between .
$20,000.00 and $25,000.00 in the property. There was no opposition. Hearing closed.
Mr. Boulger stated that there is a rear lot violation in that there will only be
25 feet instead of the required 30 feet, and that a variance will be needed for a two
family house in an R-1 District. Mr. Boulger stated that the variance could be given
but that the house will revert to a one-family upon sale by the present owners, and
that a variance is needed for the rear lot line. Mr. Nutting objected to the condition
as stated by Mr. Boulger, he felt if circumstances change Mr. Briggs should be able
to recoup his investment. Mr. Briggs stated that he understood the condition.
—— - -_—_ --- --
MINUTES OF THE BOARD OF APPEAL MEETING HELD JUNE 20, 1979 PAGE THREE
Mr. Hopper moved that two variances be granted; one for the rear lot line; and one
• to make a second apartment, which is conditioned that on the sale the house reverts
to a one family. Mr. LaBrecque seconded the motion. Roll call to grant: Mr. LaBrecque;
Mr. Hopper; Mr. Nutting; Mr. Luzinski and Mr. Boulger. GRANTED UNANIMOUSLY
26 Loring Avenue - Henry & Ruth Winters (R-1 District)
Petitioner is seeking permission to convey 1,993 square feet of land shown as
Parcel B on a plan on file, which would reduce the minimum lot area of Parcel A on
said plan below the requirements for R-1 Districts.
Atty. Philip Litman, 49A Bridge Street represented Mr. & Mrs. Winters before the
Board, and is also representing Mr. & Mrs. Hogan abutters to Parcel B which extends
to and abuts them on Charles Street. He stated the parcel on Charles Street is level
with the land owned by the Hogans, and they have cleaned the area out and wish to
purchase it. The Winters are in the process of selling the property at 26 Loring Ave.
and would like to convey this land to the Hogans. He stated that the Planning Board
on the advice of the City Solicitor Mr. Tinti suggested that they come before the Board
of Appeal for a variance to decrease the square footage of 26 Loring Avenue. There was
no opposition. Hearing closed. Mr. Boulger noted that the code requires 15,000 sq.
feet and this would reduce the lot on Loring Avenue to 60% of the requirements, but
it would increase the lot on Charles Street owned by the Hogans, which is also under-
sized. He felt that due to the nature of the land, this would not be objectionable,
the variances would in fact redue the size of 27 Loring Ave. to 9319 square feet and
increase the lot on Charles Street (#33) to 7487 square feet and correct the Hogan's
• side line. Mr. LaBrecque moved to grant two variances - 1. To reduce the size of the
lot on Loring Avenue and 2, to annex the land to the Lot on Charles St. Mr. Hopper
seconded the motion. Roll Call to grant: Mr. LaBrecque; Mr. Hopper; Mr. Nutting;
Mr. Luzinski; and Mr. Boulger. GRANTED UNANIMOUSLY
53 Gallows Hill Rd. - John Womack (R-1 District)
Petitioner wished to erect a addition to the dwelling, consisting of a 2 car garage
with a room above. The proposed addition will extend into the required side yard,
leaving a side line of 5.6 at one point. The petitioner represented himself before the
Board. He stated that his mother is now living with his family and they need the extra
room.He has had difficulty starting his car in the winter, and wishes to build the
garage to house the family cars. Mr. Boulger asked if his land was level. Mr. Womack
said yes. Mr. Boulger asked then why didnt he put the addition on the back of the
house. Mr. Womack stated there is presently a concrete patio in the rear of the house.
Mr. Nutting noted that if he reduced the size of the addition, it would conform to the
requirements. Mr. Boulger stated he would like to 'see the plans for the addition before
he made a decision. Mr. Hopper stated there are other ways of placing this addition.
Mr. Womack stated that the people next door have done the same thing that he is trying
to do, and that he felt any other arrangement would spoil the looks of the building.
He stated that the neighbors have no objection. There was no opposition. Hearing
closed. Mr. Boulger stated he felt there were other ways of accomplishing this.
Mr. Nutting stated that the Board has made exceptions before for 1 or 2 feet if there
• was no opposition, and that he could support that. Mr. Luzinski asked if the petitioner
could reduce the addition from .20 feet to 16 feet. Mr. Boulger felt there was no
proof of hardship, because there were alternate methods of adding the room.
MINUTES OF THE BOARD OF APPEAL MEETING HELD JUNE 20, 1979 PAGE FOUR
John Womack (Continued)
• Mr. Hopper suggested that the petitioner could withdraw the petition or the
Board could take it under advisement until the text meeting. Mr. Boulger would like
to see some plans and the measurements to the house on the abutting lot. Mr. Nutting
moved the petition be tabled until the next meeting and the petitioner submit plans
for the 2 stories of the addition, the distance to the abutter's house and an alternative
plan for the placing of the addition. Mr. Hopper seconded the motion. Roll Call to
table: Mr. LaBrecque, Mr. Hopper, Mr. Nutting, Mr. Luzinski and Mr. Boulger. TABLED
UNTIL NEXT MEETING.
5 Ravena Avenue - Gilbert F. Gillespie (R-1 District)
The petitioner wished to build a carport which would be attached to the front
of the house and will extend into the required front and side yard minimum requirement.
Mr. Gillespie represented himself before the Board. He stated the house was built
in 1961 and only has 50 foot frontage. He stated he leaves for work early in the
morning And has trouble starting the car, this carport would give some protection.
Mr. Boulger noted that there was considerable distance to the building on the abutting
property on the side where the car port would be erected. He asked if the carport
could be put in the rear. Mr. Gillespie stated there was a deck and a garden in the
rear of the house. Donald Fontaine and Gladys Fontaine of 3 Ravena Avenue appeared in
opposition. Mr. Fontaine stated he felt Mr. Gillespie pressured his mother to sign
the petition circulated in favor of the carport. He stated that he and his mother
talked to the Fire Dept. and that they were opposed to the carport because it was a
• fire hazard. He stated that the snow would fall off the carport on to their property.
REBUTTAL: Mr. Gillespie stated that the snow could not possible fall on the Fontaine
lot as the carport will be on the other side of his property. Mr. Nutting stated that
he would like to look at the property. Hearing closed. Mr. Hopper stated that he
did not feel this was a strong hardship and the devaluation of property was a'valid
argument. Mr. Boulger felt the carport could be put near the back stairs and be in
conformity. Mr. Boulger stated that the house is already non-conforming and this
would be making it more non-conforming. He felt that this would be a detriment to the
public good, that there is no definate hardship and it would derogate from the Zoning
Ordinance. Mr. Hopper moved to deny the petition. Mr. Boulger seconded. Roll Call
to Deny: Mr. LaBrecque, Mr. Hopper, Mr. Nutting, Mr. Luzinski and Mr. Boulger.
UNANIMOUSLY DENIED.
199 Jefferson Avenue - Colonial Real Estate Trust (R-3 District)
Petitioner is requesting permission to add a 12 foot wide by 11.33 foot long
addition to the existing building and to continue the use of the building for a pro-
fessional office as previously permitted by the Board of Appeal.
Atty. Timothy Davern, 26 Lynde Street, Salem represented the petitioner before
the Board. Mr. Boulger withdrew from voting on this case. Atty. Davern stated that
the petitioner was given leave to withdraw at the last meeting and is re-submitted
with 2 feet taken off the proposed addition, and they now show 4 parking spaces.
• He stated that have a use variance already, .and are just applying for the addition.
He stated the-4r, and his 2 Assistants will park up the street on land owned by
Colonial Realty if it is necessary. He stated they have agreed to erect a stockade
fence, and that this is the best use for the property. The occupant will be Dr. John
Phelan, and he will not be taking an associate.
MINUTES OF THE BOARD OF APPEAL. MEETING HELD JUNE 20, 1979 PAGE FIVE
• Colonial Real Estate Trust (Continued)
Mr. John Burke, owner, was recorded in favor. Leo Corbin, 231 Jefferson Avenue
appeared in opposition due to the parking, and the fact that the lot is only 4500 -square
feet. He stated the Board had turned down a petition by Dr. Hartley Smith for a
professional building on land that he owned on Jefferson that was a much larger lot.
Leo Pelletier, Henry Beaulieu and Victor Corbin all of Wheatland Street appeared in
opposition. REBUTTAL: Mr. Davern stated that the petition for Dr. Smith was a
different situation, this is an existing non-conforming use where Dr. Smith's petition
was for an R-2 conversion. Hearing closed. Mr. Hopper noted that there would be
a sharp turn out of the parking lot. Mr. Nutting stated he felt that the doctor
should have chosen an area more beneficial for an office. Mr. Hopper stated that
the Board is being asked to extend an non-conforming use and it will add to the
parking problems in the area. Mr. Hopper moved to grant with the condition that
the addition and use will be only for a professional office. Mr. Luzinski seconded.
Roll Call to grant: Mr. LaBrecque, Mr. Hopper and Mr. Luzinski. Voting Nay, Mr.
Nutting. DENIED
488 Highland Avenue - Warner Cable of Salem ( (B-•2 District)
The petitioners are requesting an expansion or amendment of their existing
Special Permit, or an additional Special Permit for the construction and maintenance
of two 15 foot diameter dish antennae called "Earth Stations" on property located at
• 4.88 Highland Avenue.
Atty. Donald Koleman, 328 Essex Street, Salem represented the petitioners. He
submitted photographs bf this type of antennae that have been installed in Medford.
He stated that the 2 antennae will be located within the chain link fence. He stated
that there have been no complaints from the neighbors as to the operation of Warner
Cable. Mr. Nutting asked if this is to be used for the StarChannel. . Koleman
stated that it will bring in an additional 5 or 6 channels from the'[satellite—and"
these will be available to the basic subscriber. Mr. Boulger asked if they will
be picking up programs from Europe. Mr. Wilborg of Warner Cable they had nothing yet
from Europe but there will be a channel programed for the elderly and retired.
Richard Bencal of North Salem appeared, complaining about the reception on Channel 9.
Hearing closed. Mr. Boulger stated that he was concerned that these antennae will be
used for transmitting and that will cause scatter. Mr. Boulger asked if they were
increasing the size of the enclosure. Mr. Koleman stated that that will only be
done if the signal .is weak. Mr. Hopper stated he would vote for the petition. Mr.
Boulger stated he was afraid of scatter. Mr. Hopper moved to grant the petition with
the provision that no transmitting of any kind be done. Mr. Nutting seconded. Roll
Call to grant: Mr. LaBrecque, Mr. Hopper, Mr. Nutting, Mr. Luzinski. Voting Yjay
Mr. Boulger. GRANTED BY ROLL CALL 4 YEAS, 1 NAY.
9 Collins Street - Rosario Richard (R-2 District)
• The petition of for the construction of a second apartment in the existing house
at 9 Collins Street as submitted at the June 15th meeting was then taken up. Mr.
Richard appeared to represent himself and submitted a plot plan showing the distance
to the house on the abutting lot. .Mr. Boulger noted that the outside stairway should
be covered. Mr. Hopper noted that the lot size is larger than the other houses in
the neighborhood and the petition will not increase the size of the house.
MINUTES OF THE BOARD OF APPEAL MEETING HELD DUNE 20, 1979 PAGE SIX
Rosario Richard (Continued)
Mr. Hopper moved to grant the petition. Mr. Boulger amended - that the stairway. (exterior
to 2nd floor apartment) be covered, and that a variance be granted from the side yard
requirements. Mr. Nutting seconded as amended.. Roll Call to grant: Mr. LaBrecque,
Mr. Hopper, Mr. Nutting, Mr. Luzinski, Mr. Boulger. PETITION GRANTED
Mr. Nutting moved that the next meeting of the Board be held on Friday, July 13,
1979. Mr. LaBrecque seconded. Voted.
The meeting adjourned at 11:00 P.M.
Respectfully submitted,
.... xi:7
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Pamb of My
MINUTES OF THE MEETING OF THE BOARD OF APPEAL HELD ON FRIDAY, JULY 13, 1979
The Members of the Board of Appeal met in open session on Friday, July 13, 1979
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 June 29 and July 6, 1979, and notices
were sent postpaid to abutters and others in accordance with Mass. General Laws.
On roll call the following answered present: James Boulger, Chairman, Arthur
LaBrecque, Douglas Hopper, John Nutting and Associate Members Joseph Piemonte and
Edward Liizinski. Mr. Boulger appointed Mr. Luzinski to be a voting member on cases
1-3-5-7, and Mr. Piemonte on cases 2-446. Mr. Hopper was appointed Acting Secretary.
53 Gallows Hill Road - John Womack (Continuation)
The petition of Jon Womack, which was continued from the June 20th meeting
was taken up. Mr. Womack is requesting permission to add a 20' x 24' 6" garage with
a room above it to the side of his house at 53 Gallows Hill Road. This addition
will reduce his side yard to 5' 6". The Board had requested Mr. Womack to return
with construction plans for the addition, and a plot plan showing the distance
to the house on the abutting lot and an alternate plan for the placement or size
of the addition. Mr. Womack appeared to represent himself and submitted construction
plans and a plot plan showing that the abutting building to the addition is 14' 2"
from the property line. Mrs. Adlee Hodges, 51 Gallows Hill Rd. , the abutter on
side the addition would be put, appeared and spoke in favor. She stated that there
will be no blockage of the sunlight to her house and the addition would prevent
the neighborhood children from playing ball in this space, which would be better
for the neighborhood. There was no opposition. Hearing closed. DISCUSSION -
Mr. Nutting stated he viewed the property, and the the street is a dead end turn-
about. The 5 feet left after the addition would not derogate from the area.
Mr. Boulger noted that there was still sufficient room for the Fire Department toi
get to the back of the house, so therefor it was not creating a fire hazard.
Mr. Boulger stated that the land drops down in the back and it would not be practical
to place the addition there. Because of the size of the lot, the petition would
not derogate from the intent of the Zoning Ordinance.
Mr. Nutting moved to grant a variance from the side lot requirement from 10 feet
to 5 feet, 6 inches, as requested. Mr. LaBrecque seconded. ROLL CALL - TO GRANT:
Arthur LaBrecque, Douglas Hopper, John Nutting, Edward Luzinski, James Boulger.
VARIANCE GRANTED BY UNANIMOUS VOTE.
Winter Island - Salem Recreation Department
Mr. Boulger read a communication received from Councillor Brian O'Keefe,
requesting that the petition for a Special Permit for the use of Winter Island as
an active recreational area for campers, be withdrawn. Mr. Nutting moved the
A•
petitioners be given leave to withdraw. Mr. LaBrecque seconded. ROLL CALL:
FOR WITHDRAWAL: Arthur LaBrecque, Douglas Hopper, John Nutting, Edward Luzinski,
James Boulger. GRANTED WITHDRAWAL UNANIMOUSLY
MINUTES OF THE BOARD OF APPEAL MEETING HELD JULY 13, 1979 PAGE TWO
t57 Barstow Street - William & Eleanor Grady (R-2 District)
The petitioners are requesting a variance to extend the existing non-conforming
side line of 4 feet 5 inches by the addition of a bedroom and bath measuring 20 feet
by 24 feet. Mr. Grady represented himself before the Board. He stated that his
wife has respitory problems and the house does not presently have a bedroom on the
first floor. He has talked to the neighbors and they have no objections. He stated
that this addition would put the rear of his house in line with the houses abutting
him. Eleanor Grady appeared in favor. Mr. John Conners, 21 Barstow Street appeared
in favor. There was no opposition. Hearing closed. DISCUSSION: Mr. Boulger stated
the Board must decide if this would be a hardship on the petitioner or on the
neighborhood. Mr. Piemonte noted that the abutters house is 14' 5" from the property
line. Mr. Boulger stated it would not be a fire hazard. Mr. Piemonte moved to
grant the variance extending the non-conforming side line of 4k feet because this
is a hardship for the petitioner and will not compromise the neighborhood. Mr.
LaBrecque seconded. ROLL CALL TO GRANT: Arthur LaBrecque, Douglas Hopper, John
Nutting, Joseph Piemonte, James Boulger. VARIANCE GRANTED UNANIMOUSLY
6 Pearl Street - Paul & Denise Richardson (R-2 District)
The petitioners are requesting permission to change the existing third floor
rooms on the two family house into a third apartment. A letter was received from
the Salem Planning Board urging the Appeal Board to consider the density of the
;,
area and the parking requirements.
Mr. and Mrs. Richardson represented themselves before the Board. Mr. Richardson
stated that the rooms on the third floor are already finished, there are two exits,
and the roomsr.we e...L'hconstructed when the house was built. He stated that they
would probably rent the apartment to family members and for financial reasons they
need the additional income. He stated that they could fit in the necessary 5 parking
spaces.
Thomas Kulak, 8 Pearl Street appeared in opposition. He stated the street is
congested and he felt the parking of cars in the yard would beghazard. Mr. Boulger
asked what the houses in the neighborhood were. Mr. Kulak stated his was a one
family but they are mostly two family. Mary Bane, 7 Pearl Street appeared and spoke
in opposition. She stated the street is t90 congested for an additional apartment
and that there are no 3 family houses on Pearl Street. She stated that there are
10 houses in less than 300 feet of space, there are 21 cars on the street, 11 driveways,
and 2 emply apartments. Mr. Paul D'Amour appeared in opposition. Rebuttal -
Mrs. Richardson stated that there is a 3 family house abutting her house, which is
on the corner of Pearl & Cross Sts. Mr. Boulger consulted the assessor's map and
the Poll Book as to 3 family houses in the abutting area. Hearing closed.
Discussion - Mr. Boulger felt that the density was too high in the area for
a three family house and doubted that the 5 parking spaces could be provided. He
stated it would be difficult to prove hardship for the petitioner and not on the
abutters. He stated that this may be a detriment to the public good. Mr. Hopper
y• noted that the house was recently purchased as a 2 family , and felt this was not
a hardship on the owners. Mr. Boulger stated it would effect the health and
happiness of the abutters.
MINUTES OF THE BOARD OF APPEAL MEETING HELD JULY 13, 1979 PAGE THREE
6 Pearl St. - Paul & Denise Richardson (Continued)
Mr. Hopper mooed to deny the petition for the following reasons; there is a
lack of hardship to the petitioner, it would be a detriment to the public good,
it would be a hardship to the abutters, and it would increase an already dense area.
Mr. Luzinski seconded the motion. VOTING TO DENY: Arthur LaBrecque, Douglas Hopper,
John Nutting, Edward Luzinski and James Boulger. PETITION UNANIMOUSLY DENIED
217 Fort Avenue - Robert & Betty J. Sweeney (R-C District)
The petitioners are requesting a Special Permit to operate their retail
business in a temporary trailer adjacent to the Salem Willows Pier, until such
time as the City makes a decision as to the rebuilding of a structure on the new
pier. They operated a gift shop and boat rental business from the building that
was on the entrance of the old pier for 40 years. A letter was received from the
Salem Park Commission stating they have no objection to this petition. Mr. Nutting
asked what will happen if the City of Salem never rebuilds at the end of the pier.
Mr. Sweeney stated they would be out of business. Mr. Boulger asked what period of
the year they would operate. Mr Sweeney - May to end of September - 5 months.
After the five months the trailer would be taken out of the park until the next
season. John Ahern, Chairman of the Park Commissioners appeared and spoke in
favor of the petition. He stated that the Board of Park Commissioners are very
much in favor of this petition, that the Sweeney family has been an institution
at IN Willows and they are a detriment to vandalism. He stated that he does
nog/ at will happen relative to reconstruction of the building - they have no
money to rebuild at present.
Mr. John Hayes, 16 Nursery St. , Commodore of the Salem Willows Yacht Club
spoke in favor of the petition. He stated he has known the Sweeneys for 38 years,
and that in times of trouble at the Willows they have always been there and the
first to help. The following appeared and spoke in favor - Jack Mellaine, 75
Memorial Drive, Otto Pearson, 151 Fort Ave. , Albena Nestor, 2 Sutton Ave. , John
Giardi, 9 Circle Hill Rd. , and Joseph McCarthy. Approximately 50 people stood in
favor of the petition.: There was no opposition. Hearing closed. Discussion -
Mr. Nutting asked where the Sweeney's stored the outboard motors. Mr. Sweeney
stated he did not handle them, everyone brough there own. Mr. Boulger stated the
Board could grant a Special Permit for 2 years and maybe by that time the Park
Commission will have made a decision. He stated this must be considered a hardship
for the petitioners and the Park Dept (in regard to vandalism) . He stated it would
not affect the district in which it is located as the Sweeney' s have been a
landmark for 40 years.
Mr. LaBrecque moved a Special Permit be granted for the operation of the
business by the Sweeney's for 5 months of the year only for 2 years (1979 & 1980)
Mr. Piemonte seconded the motion. VOTING TO GRANT: Arthur LaBrecque, Douglas
Hopper, John Nutting, Joseph Piemonte, James H. Boulger SPECIAL PERMIT GRANTED
UNANIMOUSLY
48-50 Broadway - Salem Plating Co. (Walter Smith) (Industrial District)
The petitioner originally came before the Board on May 17, 1979 requesting
a Special Permit for the construction of an addition that would reach the property
side and rear lot lines, and parking spaces were provided on the lot.
MINUTES OF THE BOARD OF APPEAL MEETING HELD JULY 13, 1979 PAGE FOUR
Said petition was denied by a roll call vote of 3 Yeas, 2 Nays.
The petition submitted at this meeting is for a variance from side line, rear
line and maximum lot area coverage regulations so that the addition could be built
up to five feet from the rear line and up to 5 feet from the northerly sideline and
cover approximately 58% of the lot. Parking will be provided on an abutting lot.
Mr. Bougler stated that the Board must vote as to whether or not the petition
has substantial changes. Mr. Nutting moved reconsideration due to the fact that
there are substantial changes. Mr. LaBrecque seconded. ROLL CALL for reconsideration:
Arthur LaBrecque, Douglas Hopper, John Nutting, Joseph Piemonte, and James H. Boulger.
RECONSIDERATION GRANTED UNANIMOUSLY.
Atty. John R. Serafini, Jr, represented the petitioner before the Board. He
submitted photographs of the area. He stated that Mr. Smith is a small business
man who has been the area for 12 years. He stated that he needs more storage
space and that it is not feisable for him to add a second story to the building,
as the building is a older structure and was not designed to carry an extra story.
He stated that the zoning allowed 45 % coverage of the lot and this will be 53%.
Permanent off site parking has been arranged for on the land of Lionel Pelletier,
who owns land directly to the rear of Mr. Smith' s property. A letter from Mr.
Pelletier stating that he has agreed to make available 12 parking spaces for
Mr. Smith's rental, was filed.
• Atty. Serafini stated that the lot is undersized and contains only 13,000 square
feet, so that a hardship exists for Mr. Smith. He stated that this petition does
not derogate from the intent of the Zoning Ordinance. He submitted letters from
abutters, Shaw's, Thomas Mackey & Sons, Inc. , and a letter was received from Esther
Realty, all in favor of the petition. Atty. Serafini stated it would cost Mr. Smith
$100,000.00ato'build up as compared fo $60,000.00 for this addition. Mr. Boulger
took exception to the figures quoted. Mr. Smith spoke in favor of his petition.
He stated he has been in Salem for 5'k years, and now has 8 employees. Relative
to the estimate for construction, this will be a 3 wall addition with a roof.
A:. 2nd story• addition would require 4 steel reinforced sides 'rtas his line of
business requires heavy machines. Cindy Smith, an employee and Mr. Smith' s daugher,
spoke in favor. Lionel Pelletier, 50 Broadway spoke in favor. There was no
opposition. Hearing closed.
Discussion - Mr. Nutting noted that this is an industrial district and that
the plating business is low key and would not derogate from the residences. Mr.
Boulger felt it would derogate from the intent of the Zoning Ordinance, and the
consideration of density is important to the Board. He stated that in the petitioner's
favor are 1. It is a conforming use, 2. he has reduced the addition 5 feet each
side, he has additional parking, he employs 8 local people.
Mr. Piemonte stated this would be a good contribution to the business community.
He stated density is a problem but nevertheless it is not a detriment to the neighbor-
hood. Mr. Hopper moved a variance be granted from the side and rear line requirements,
and density regulations, the addition to be 5 feet from the lines and cover 53% of
• the lot, and parking provisions are made on the adjacent lot. Mr. Labrecque seconded.
ROLL CALL TO GRANT: Arthur LaBrecque, Douglass Hopper, John Nutting, Joseph Piemonte,
and James Boulger. VARIANCE GRANTED UNANIMOUSLY.
• MINUTES OF THE BOARD OF APPEAL MEETING HELD JULY 13, 1979 PAGE FIVE
72 North & R-4 Franklin St. - Harry M. Andrews, Trustee (R-2 District)
A petition reading as follows was filed with the Board of Appeal
The property of the Petitioner is located at tfie comer of Franklin & North
Streets in Salem. There are two structures on the property. The property for many years was
zoned for industrial uses. Through an extension of an existing R-2 zone, the Petitioner's
property which had been used.and is still being used for commercial purposes, was included in
an R-2 zone. Also included were existing gas stations, factories and a boat yard. Petitioner WE
not aware of the zoning change until recently, when, following a fire, he applied for a permit
to extend a business use he had had for many years. In order to comply with the zoning re-
quirements, the Petitioner requests a special permit to change an existing business use and to
extend an existing use as follows: To convert the building formerly housing the Burger-Chef
operation to a retail use of a store selling accessories for car beautification, namely, waxes,
soap powders, floor mats, and related objects . Also to convert a portion of the same building
into an office for the car wash- also to use a portion of the same building to provide for the
sale of coffee, doughnuts, anc snacks for customers of the car wash. The Petitioner requests
permission to extend into the building a proposed addition to the existing car wash business .of
four additional bays so that the present OwnerEstate of Louis M; Andrews, by:
building and the car wash are integrated as Harry M. Andrews, Trustee
i • one unit with the same roof line enclosing Address. John R..Serdfini,
both structures and so that the petitioner ES4uire
will have one integrated structure for his 65 Federal Street, Salem, Mass .
business on his land at North Street com- Telephone. . . .744-021.2 . . -
bining car appearance maintenance and the sale of products and services used in connection
therewith. In addition, the Petitioner wiLl 'provide suitable landscaping. No repairs ,
storage or sale of cars is proposed. The Petitioner would discontinue the restaurant use of the
former Burger-Chef restaurant location. The project would reduce traffic. The proposed alters
tion and uses would be compatible with the neighborhood which is primarily an industrial/
commercial area . For these reasons, the special permit can be granted without derogating
from the intent of the zoning ordinance or the public welfare.
- s ectfu�{Ly submitted, b
/ Ain K^
Mr. Boulger the petition is not substantially different from the original petition or,
the 1st petition for reconsideration. Mr. Luzinski stated the other petitions did not
have a retail use. Mr. Boulger stated this is still a non-conforming use in a R-2 District.
Mr. Hopper suggested that the Board hear the petitioner to see if the proposal is different.
Atty. John Serafini, Sr. , 65 Federal St. , Salem represented the petitioner before
the Board. He submitted the plans for the original petition and plans for this petition
and pointed out the differences. He stated that the existing Burger Chef building is to
be divided into a retail store, waiting room, office and rental property. The Bays are all
to be covered with roofs. The addition has been recessed. Mr. Serafini submitted pictures
of location as it is now. He stated Mr. Andrews will be eliminating signs on the front.
Extensive landscaping will be done and from a visual standpoint the location will be much
more attractive. He stated that this is a petition for a Special Permit dealing with the
provisionsof the zoning ordinance relative to a non-conf6rming change provided it shall
not be more detrimental than what exists. He stated we are dealing with:a burnt out
building, who's previous operation attracted the wrong type to the area. This Special
Permit will make it easier for the City and neighborhood by improving the area. Mr.
Andrews will be investing between $80,000.00 and $90,000.00 plus the cost of the land-
scaping.
MINUTES OF THE BOARD OF APPEAL MEETING HELD JULY 13, 1979 PAGE SIX
• 72 North St. & R-4 Franklin St. (Continued)
Mr. Staley McDermott, Architect, and designer of the new plans submitted spoke on
the petition. He stated that this is a radical change from the previous proposal and
improvement in the area. He said traffic patterns have been established. Mr. Boulger
asked what the elevation of the property was. Mr. McDermott - Low 13.12 High 14.95.
Mr. Boulger asked if they had approval from Planning on Flood Hazard. Mr. D'Amour
of the Planning Board stated that the Board had originally approved the first petition,
but because of the substantial changes", wish to review it if the Special Permit is
granted.
Mr. Hopper moved the petition be heard as a new petition. Mr. LaBrecque seconded.
ROLL CALL - Yes - Mr. LaBrecque, Mr. Hopper, Mr. Nutting, Mr. Luzinski - No - Mr. Boulger.
Petition to be heard as a new case.
Mr. Harry Andrews, 3 Hemlock St. , Beverly Farms spoke in favor of his petition.
He stated this will be a vast improvement of his property and eliminate one business in
the area- the Burger Chef. It will also eliminate the Burger Chef sign and the car
wash sign will be replaced at the entrance of the property. He stated that the car wash
has been there for 16 years and he is dedicated to improving it.
Mr. McDermott stated that there has been no curb definition at the corner of Franklin
and North Street, and the traffic plan will improve the turns into North Street. He
said large Norway Maple trees will be planted on Franklin Street and there will be
light plantings to hide the trash barrels. The parking will be laid out and there will
be parking spaces for the fishermen who park there.
Mr. Hopper expressed concern relative to the entrance and 2 exits shown on the new
plans. Mr. McDermott stated there was approximately 40 feet from the entrance to
North Street. Mr. Andrews stated there will be more room for cars to be worked on
inside the building and the addition of a retail establishment will mean fewer dealers.
Mr. Hopper felt the exit nearest North Street should be eliminated; and asked what
were the plans for signs. Mr. McDermott stated they did not know what would be
needed for signs yet but would have to submit any application to the Design Review Board.
There was no opposition. Hearing closed.
DISCUSSION: Mr. Nutting stated that he was originally opposed to the original
petition, but the location would now be improved so much that the Board could be proud
of approving the petition. Mr. Boulger stated that this was still an extension of
a non-conforming use in a residential area. The building could be used for a restaurant.
Mr. Hopper stated that a hardship was not needed to grant a Special Permit. Mr. Boulger
stated that this would be increasing density at a corner in a highly dangerous area,
and an approach to the City. Mr. Hopper stated the Planning Board requested the
petition be referred back to them for review of the Flood Plain requirements. Mr.
Boulger stated there would have to be curb cuts and curbstones, and he did not feel
the petition was for the public good.
Mr. Hopper moved that a.Special>P.erm t be granted with the following conditions:
1. Curb cuts and curb stones be installed; 2..There be only one entrance and one exit;
3. The petitioner return to the Planning Board for Flood Plain approval; 4. The petitioner
remove approx. 400 sq. ft. of signs as shown on the picture submitted; 5. The normal
hours of operation on reconditioning to be to 6:00 P.M. , the car wash to remain open
later; Mr. LaBrecque seconded the motion. ROLL CALL - TO GRANT- Arthur LaBrecque,
Douglas Hopper, John Nutting and Edward Luzinski. TO DENY - James Boulger.
SPECIAL PERMIT GRANTED BY ROLL CALL VOTE OF 4 YEAS, 1 NAY.
MINUTES OF THE BOARD OF APPEAL MEETING HELD JULY 13, 1979 PAGE .SEVEN
The next meeting of the Board was scheduled for Wednesday, September 12, 1979 at
7:00 P.M.
The meeting adjourned at 9:45 P.M.
Respectfully submitted
.MINUTES OF THE BOARD OF APPEAL MEETING HELD JULY 13, 1979 PAGE SIX
72 North St. & R-4 Franklin St. (Continued)
Mr. Staley McDermott, Arch. and designer of the new plans submitted spoke on the Petition.
,EIe stated that this is a radical change from the previous proposal and an improvement in the
area. He said traffic patterns have been established. Mr. Boulger asked what the elevation
of the property was. Mr. McDermott - Low 13.12 High 14.95. Mr. Boulger asked if they had
approval from Planning on Flood Hazard. Mr. D'Amour of the Planning Board stated that the
Board had originally approved the first petition, but because of the substantial changes,
wish to review it if the Special Permit is granted.
Mr. Hopper moved the petition be heard as a new petition. Mr. LaBrecque seconded.
ROLL CALL - Yes: Mr. LaBrecque, Mr. Hopper, Mr. Nutting, Mr. Luzinski. No: Mr. Boulger.
Petition to be heard as a new case.
Mr. Harry Andrews, 3 Hemlock St. , Beverly Farms spoke in favor of his petition. He stated
this will be a vast improvement of his property and eliminate the Burger Chef sign and the
car wash sign will be replaced at the entrance of the property. He stated that the car wash
has been there for 16 years and he is dedicated to improving it.
Mr. McDermott stated that there has been no curb definition at the corner of Franklin and
North Street, and the traffic plan will improve the turns into North Street. He said large
Norway maple trees will be planted on Franklin Street and there will be light plantings to
hide the trash barrels. The parking will be laid out and there will be parking spaces for
the fishermen who park there.
Mr. Hopper expressed concern relative to the entrance and 2 exits shown on the new plans.
Mr. McDermott stated there was approximately 40 feet from the entrance to North St. Mr.
Andrews stated there will be more room for cars to be worked on inside the building and the
addition of a retail establishment will mean fewer dealers. Mr. Hopper felt the exit nearest
North Street should be eliminated, and asked what were the plans for signs. Mr. McDermott
stated they did not know what would be needed for signs yet but would have to submit any
application to the Design Review Board. There was no opposition. Hearing closed.
DISCUSSION: Mr. Nutting stated that he was originally opposed to the original petition,
but the location would now be improved so much that the Board could be proud of approving the
petition. Mr. Boulger stated that this was still an extension of a non-conforming use in a
residential area. The building could be used for a restaurant. Mr. Hopper stated that a
hardship was not needed to grant a Special Permit. Mr. Boulger stated that this would increase
density,'at a corner in a highly dangerous area, and an approach to the City. Mr. Hopper
stated the Planning Board requested the petition be referred back to them for review of the
Flood Plain requirements. Mr. Boulger stated there would have to be curb cuts and curbstones,
and he did not feel the petition was for the public good.
Mr. Hopper moved that a Special Permit as requested in the petition be granted with the
following conditions: 1. Curb cuts and curbing, as per plan be installed; 2. There be only
one entrance and one exit; 3. That the plans be reviewed by the Planning Board only in regard
to the flood plain application; 4. The petitioneYremove approximately 400 sq. feet of existing
sign as shown on the picture submitted; 5. The normal hours of operation on reconditioning
be to 6:00 P.M. , the car wash to remain open later. Mr. LaBrecque seconded the motion.
ROLL CALL - TO GRANT: Mr. Labrecque, Mr. Hopper, Mr. Nutting, Mr. Luzinski. TO DENY - Mr.
Boulger. SPECIAL PERMIT WITH CONDITIONS GRANTED BY ROLL GALL VOTE OF 4 YEAS, 1 NAY.
The next meeting of the Board was scheduled for Wednesday, Sept. 12, 1979 at 7:00 P.M.
The meeting adjourned at 9:45 P.M.
Respectfully submitted,
CORRECTED MINUTES
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MINUTES OF THE MEETING OF THE BOARD OF APPEAL HELD ON WEDNESDAY, SEPTEMBER 12, 1979
The Members of the Board of Appeal met in open session on Wednesday, September 12,
1979 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 August 29 and September 5, 1979, and notices
were sent postpaid to abutters and others in accordance with Mass. General Laws.
On roll call the following answered present: James Boulger, Chairman; Arthur
LaBrecque, Douglas Hopper, John Nutting and Atty. Anthony Feeherry.
On the motion of Mr. Hopper, seconded by Mr. Nutting, the minutes of the July 13,
1979 meeting were approved. Voted.
222-224 Derby Street - Donald J. Michaud, Owner and Mary Hyland, for Pickering Wharf,
Petitioner
The petition requested permission to erect an over-sized directional display sign
(20' x 22") on the exterior brick wall at 222-224 Derby Street on the ex-
wall facing the intersections of Hawthorne Blvd. , Derby and Congress Streets. A
letter was received from the Owner and Petitioner requesting permission to withdraw
their petition from this meeting and requesting it be placed on the October agenda.
• Mr. Nutting moved that the petition 6k, beEg ven leave,)toiw thdraw.4iMr. Nutting•seconded.
Voted.
267-275).Highland Avenue - Highland Realty Trust
Petitioner is requesting a variance to permit B-2 uses in an area now zoned
Industrial. A letter was received from Atty. John Serafini withdrawing the petition.
Mr. Hopper moved to grant permission to withdraw. Mr. Nutting seconded. Voted.
4 Linden Street - Bruce & Jeannette McLaughlin
Petitioners are requesting a Special Permit to divide an existing 7 room apartment
into two apartments in the existing two family house at 4 Linden Street. (R-2 District)
They have sufficient parking for the third apartment.
Mr. Bruce McLaughlin, the petitioner represented himself before the Board. He
stated that the house has 15 rooms, 5 on the first floor, 6 on the second floor and 4
on the third floor. They presently use the first floor and three on the second as their
apartment, have a 3 room apartment on the second floor, and rent to r2 boarders on the
third floor. They wish to turn the 3rd floor into a 4 room apartment. There is a
full bath on the third floor, electricity and a finished inside stairway. If they are
forced to rent as a 7 room apartment it would mean a large family and more traffic in
the neighborhood. He stated it cost over $1,938.00 for taxes, $400.00 for water, and
over 3,300 gallons of heating oil to maintain the house last year.
Mr. Nutting asked how many were living in the house now. - a total of 8 with4 cars.
Mr. Hopper asked if there would be a greater income if rented as a 3rd apartment. -
No - they just felt it would be easier to deal with a family in an apartment than roomers.
Mr. Nutting asked how many parking spaces they had. - He stated there is a 2 car garage,
MINUTES OF BOARD OF APPEAL MEETING HELD SEPTEMBER 12, 1979 PAGE TWO
There is space for 5 cars in the front and 3 more in the rear for a total of 10 spaces.
•. Mr. Boulger stated that the outside stairs should be enclosed. Letters from Jim & Addie
Mullen, 16 Linden St. , Thomas and Evalyn Lawnsby, 3 Linden Street, and David Guy, 7 Linden
Street, in favor, were received and recorded. Abutters appearing in favor were David
Guy, 7 Linden St. , Richard Morin, 10 Linden St. , and James Mullen, 6 Linden St.
Appearing in opposition was John McCarthy, 2'k Holly street who stated he was 5 or
6 houses away from the petitioner. He stated that he could not see were this Special
Permit will help the traffic situation. Mr. Boulger stated this will increase the density.
Mr. McLaughlin, in rebuttal stated this will enable him to get rid of 2 roomers, with
2 cars.. He stated that there is a long narrow driveway, but a car can turn completely
around at the end of the driveway. He stated that within the block (#1-13 Linden St.)
there are currently 2 - 4 family, 2 - 3 family, and 6-2-family houses. Hearing closed.
Discussion - Mr. Boulger stated conditions could be written in Jl. that the residence
revert to a 2 family upon change in ownership and 2. That there be no roomers or boarders,
allowed. Mr. Feeherry questioned the condition re. reverting to a 2 family after the
petitioner has invested moneyafor capital improvements. Mr. Hopper stated that a Special
Permit reverts to 2 family automatically upon sale. Mr. Feeherry moved to grant the
petition with the matter of restriction before the Board. Mr. LaBrecque..seconded.
Mr. Boulger stated that the conditions should be that it revert to a 2 family and that
no roomers or boarders be in residence in any of the apartments.
Mr. Hopper did not feel that the second condition was necessary. Mr. Boulger
stated that he did. Mr. Feeherry did not understand what the Board would be preventing
with this restriction - it is a 4 room apartment. Mr. Boulger stated he is trying to
prevent a dormitory. Mr. Feeherry stated he could not go along with the no roomers no
• boarder condition.
Mr. Feeherry moved the Special Permit be granted with the condition that it shall
cease if or when the property is sold to another party. Mr. LaBrecquecseconded.`R:C.V. .
Voting Yea - Mr. Feeherry, Mr. LaBrecque, Mr. Hopper, Mr. Nutting and Mr. Boulger.
UNANIMOUS ROLL CALL VOTE - SPECIAL PERMIT GRANTED WITH CONDITION.
23'k Phelps Street - Michael E. Grimes (R-2 District)
The petitioner is requesting a variance from side line requirements for the
construction of a two story addition 15' x 19' to a one family house.
The petitioner represented himself before the Board. He stated that the reason
for the addition is to provide more living space for his expanding family. The lot
contains:-only 3703 square feet and therefore the addition will be two storied to provide
an additional bedroom and bath, and enlarge the living room. He submitted a letter in
favor of the petit'on from Roger W. Pied of 23 Phelps Street. Mr. Powers, Building
Inspector questionthe windows on the side that will extend to within 3 feet of the
line if the fireplace is added. The petitioner stated that if the fireplace will cause
a problem, he will gladly remove it from the plans. There was no opposition. Hearing
closed. Mr. Hopper asked the petitioner if he had considered another shaped addition.
The petitioner said yes, but the addition would have been over a cesspool, and if he
had extended the second floor of the addition, he would have created a wind tunnel.
Mr. Nutting asked how long he had owned the house. --Five years. Mr. Boulger stated
that the existing lot is greatly undersized, and the sidelines do not conform, it is
alright as to density. He stated the petitioner needs variances for 18 feet in the rear,
5 feet for the side with the addition and 3 feet for where the chimney projects.
Mr. Hopper questioned what was the front yard on this piece of property which is entered
from a right of way. Mr. Boulger stated that the variances be granted for the southeast
side of the property. Mr. Hopper stated that this was an obvious hardship because the
lot was so small, and because of the increase in the owner's family, and that it would
MINUTES OF BOARD OF APPEAL MEETING HELD SEPTEMBER 12, 1979 PAGE THREE
Grimes (Continued)
not be a detriment to the public good. Mr. Hopper moved that variances be granted for
• the southeast side of the lot, 5 feet for the building and 3 feet for the chimney from
the lot line. Mr. LaBrecque, seconded 1,R.:C:-V. :: Voting Yea - Mr. Feeherry, Mr. LaBrecque,
Mr. Hopper, Mr. Nutting, Mr. Boulger. UNANIMOUS ROLL CALL VOTE - VARIANCES GRANTED.
19 North Street - Gary & Mary Sackrider (R-2 District)
The petitioners are requesting a variance to use the building at 19 North Street
for law offices and two apartments. They will have parking spaces for 10 cars. Atty.
Gary Sackride represented himself before the Board. He submitted letters from the
following in favor of the petition: Atty. Sterling Rowe, 25 North St. , Suzanne Levasseur
and Richard Soo Hoo, 21 North St. , Robert Peck, 25 North St. , George Finn, 27 North St. ,
Rev. John H. Pressey, Wesley United Methodist Church, 8-18 North St. , Murphy Funeral
Home, 85 Federal St. , Margaret Jamieson, 87 Federal St. , Mary Cummings, 3 Federal Ct. ,
Rita & Richard Savickey, 3 Eaton Pl. , Grace O'Brine, 24 North St. , David & Doris Rifkin,
60 Federal St. , Atty. John R. Serafini, 65 Federal St. , Atty. Barry Berkal, 26 Lynde St. ,
Atty. Sackrider stated his wife is the court reporter at the district court, and he
is a practicing attorney in Salem. They wish to restore this building and have their
offices at this location. He submitted estimates of the cost of restoring the building
which has been vacant for 13 years.- Purchase price $49,000.00 - Construction costs
$80,602.00. He stated that enforcement of the R-2 Zoning should be waivered because
of the hardship of keeping the building in character with the general area and at
the same time using it only for a two family dwelling. He submitted a feasibility study
showing that the rent per dwelling as a two family would have to be $988.50 per apartment,
per month to support the house. He stated that it would be a hardship, as the owner
• could not recover capital as a two family, the variance is needed to generate sufficient
revenue. This type of use would be the only way to preserve this historic building.
It would be for the general benefit of the community, as it would no longer be a vacant
deteriorating building. He stated it would not vary substantially from the zoning by-
laws, as there are other businesses right in the area. He has more than adequate parking,
the lawyers would use the spaces in the daytime and the tenants at night. He stated the
Board granted a variance to Attys. Bacorowski & Rowe at 25 North St, last spring. Mr.
Hopper asked what the the building to the rear of the property was. --A carriage house,
which use he has not decided yet, but it could be used for additional parking. Councillor
Jean Marie Rochna appeared in favor. Also appearing in favor - John Murtaugh, of the Elks,
Richard Soo Hoo, 21 North St. , Louis Patterson the present owner of the property, who
stated ownership of the property is a hardship on him and his sister as they are ill and
retired on social security. There was no opposition. Hearing closed. Mr. Boulger asked
Mr. Sackrider who prepared the drawings - He stated he did them himself. Mr. Boulger
stated there was a new building code as of July 1, 1979 which had certain requirements re.
exits per unit and the plans did not meet these requirements. Mr. Sackrider stated he
was amendable to any construction changes, stanped by registered architect or engineer.
Mr. Feeherry asked how many lawyers would be at this location.--3 lawyers and the
4th office would be used by his wife. He stated the building is in the National Historic
Registry District. Mr. Feeherry asked if the other law offices in the area were multiple - Yes
Mr. Hopper asked if he would be willing to have the Historic Commission approve his plans.
He, stated he had talked with them, and was willing to keep the building in character,
but would not want to be subject to their approval. Mr. Hopper moved the petition be
continued at the September 26th meeting so that new plans could be submitted. Mr. LaBrecque
seconded. Voted to continued Sept. 26, 1979.
MINUTES OF BOARD OF APPEAL MEETING HELD SEPTEMBER 12, 1979 PAGE FOUR
• 18 Chase Street - Rita Darisse (R-2 District)
The petition is requesting a Special Permit to divide the first floor of the
existing two family house at 18 Chase Street into two 3 room apartments. Miss Darisse
represented herself before the Board. Miss Darisse stated she is presently living on
North Street, and wishes to move back to this neighborhood where her family is located.
Mr. Hopper asked why she is dividing the apartment.--She said it is presently too big
for one permis, she only needs three rooms. Mr. Hopper asked if there was any parking
on the property now.--She stated no, that parking has never been a problem and the
house is on a corner lot and is also on a dead end street. She said the house next to
her is a 3 family. Albert Michaud, 24 Linden St. appeared in favor. Miss Darisse's
brother, from Middleton appeared in favor and stated he drew the plans in a effort to
help his sister who is all alone.
Albert Poskus, 22 Chase St. appeared in opposition. He stated there are 2 apartments
there now with no off street parking, and the addition of another apartment will cause
congestion at this corner. If Miss Darisse makes on-site parking spaces it will detract
from the property. He stated he had no objection to the 3 apartments, just the parking
situation. Mr. Poskus has a 3 family house with a 4 car- garage.
REBUTTAL - Miss Darisse stated she does not see where there will be a parking
problem, she can open her fence and make 2 parking spaces. She has a garage for her car.
Mr. Boulger stated that she needed parking for all 3 apartments, and that no hardship was
shown, the 3rd apartment would increase the density, and it would be detrimental to the
abutters. Mr. Nutting asked Mr. Boulger if this would require 5 spaces under the law - Yes.
• Hearing closed.
DEBATE: Mr. Boulger stated that the Board should consider that 5 spaces should be
provided, and there is no parking shown on the plan. The spaces must be 9 feet by 15 feeet
and 2 feet from the building and 2 feet from the lot line and they would remove light
from the 2 apartments on the first floor.Mr;:L0re7cque suggested that the hearing be continued
so that Miss Darisse could submit plans showing parking. Mr. Hopper stated he felt the
drawings were clear enough and it was not necesarry to show hardship for a Special Permit.
Mr. Feeherry asked if the Board has identified the number of parking spaces with other
Special Permits - Yes. Mr. Boulger stated the granting of the Special Permit would be
a detriment to the neighborhood.Mr?:LSBsecque felt the Board could put the restriction
that the petitioner supply parking. Mr. Hopper stated that the existing structure exceeds
the lot coverage. Mr. Nutting stated he viewed the property and there is no room for
cars. Mr. Nutting moved that the petition be denied due to the lack of parking. Mr.
Feeherry seconded. ROLL CALL TO DENY - Mr. Feeherry, Mr. Hopper, Mr. Nutting, Mr. Boulger.
Mr.LaBrecque voted,PRESENT SPECIAL PERMIT DENIED.
51 Dearborn Street - Douglas & Joan Hopper (R-1 District)
The petitioners are requesting a variance to reduce the side yard from 10 feet to
8 feet 6 inches for the purpose of installing a bay window. Mr. Hopper stepped down from
the Board, and presented his case. He stated they wish to construct the bay window to
display plants, that the neighbors are in accord, and that it will not derogate from the
intent of the Zoning ordinance. There was no opposition. Hearing closed. Mr. LaBrecque
moved the variance be granted according to plan. Mr. Nutting seconded. ROLL CALL TO
GRANT: Mr. Feeherry, Mr. L'aBrecqu:, Mr. Nutting, Mr. Boulger. VARIANCE GRANTED
10
The next meeting of the Board was scheduled for Wednesday, October 17, 1979 at
7:00 P.M.
The meeting adjourned at 9:35 P.M. Respectfully submitted,
Clerk
CORRECTED MINUTES
(ditg of Aulem, Mztssnr*etts
Powe of w
MINUTES OF THE MEETING OF THE BOARD OF APPEAL HELD ON WEDNESDAY, SEPTEMBER 26, 1979.
The Members of the Board of Appeal met in open session on Wednesday, Sept. 26,
1979 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 September 12 and 19, 1979, and
notices were sent postpaid to abutters and others in accordance with Mass. General
Laws.
On Roll Call the following answered present: James Boulger, Chairman; Arthur
LaBrecque, John Nutting, Atty. Anthony Feeherry and Associate Member Joseph Piemonte.
Chairman Boulger appointed Mr. Piemonte a voting member for this meeting.
Mr. Nutting moved that the minutes of the Sept. 12th meeting be approved.
Mr. Feeherry submitted his copy with some corrections to be made. Mr. Nutting
moved minutes, as corrected be approved. Mr. LaBrecque seconded. Voted.
Mr. Nutting stated that the petitions should be kept within the 15 minute
framework allowed by the rules. Mr. Boulger stated that if a case runs over the
15 minutes, it will be continued at the end of the hearings.
19 North Street - Gary & Mary Sackrider (R-2 District) - CONTINUATION
The petitioners are requesting a variance to use the building at 19 North St.
for law offices and two apartments. The case was continued from Sept. 12, 1979
to allow for the submission of plans by a registered architect, that will conform
to the State Building Code. The petitioner, Atty. Gary Sackrider introduced his
architect Mr. Crowley from Danvers who submitted photographs of the house as
it presently is and a site plan showing the location of the surrounding.buildings,
and parking for 7 cars at the rear of the building.
Mr. Crowley stated that the first floor contains 2 units, 1 dwelling unit
and the 4 offices. The second floor contains the second floor of the apartment
and the second floor of the offices. He stated there was a 1 hour rated wall
between the apartment unit and office. The 3rd floor is just bedrooms for the
second floor apartment. He stated that according to the Building Code this is
a R-2 Multiple frame building. He stated the stairway construction is wood and
the outside stairway has a covering over the top.
Mr. Boulger noted that the building was practically on the lot line, and
that will require a fire wall, and that the outside stairway must be enclosed.
He stated that the exterior wall must be 1'k hour rated of stucco or masonry. .
Mr. Crowley stated that the next building is 9 feet 6 inches away--Mr. Boulger
said it was 5 feet. Mr. Boulger questioned if 7 parking spaces would be sufficient.
Mr. Piemonte noted that the carriage house could be used for parking. Mr. Sachrider
stated that 3 cars could be parkedgin the carriage house. Hearing closed.
DISCUSSION - Atty. Feeherry stated the variances necessary are : 1. Use -
3 law offices and 1 stenographic office; 2. Parking spaces- Did Mr. Boulger
interpret the parking requirements as more than 7. Mr. Boulger stated the carriage
house would provide 3 more spaces for a total of 10; 3. The exterior stairway
to be enclosed, not just covered with 1'k hour fire rated wall of masonry material
of the face of the wall.
MINUTES OF BOARD OF APPEAL MEETING HELD SEPTEMBER 26, 1979 PAGE TWO
. Atty. Feeherry moved that the variances be granted for use in accordance with
the plans for 3 law offices and 1 court stenographic reporter office and 2 apartments
Conditions - That there be 10 parking spaces and the exterior stairway be enclosed,
the exterior wall to be of 1'k hour fire rating of masonry material on the exterior.
Mr. LaBrecque seconded the motion. ROLL CALL: Voting in favor: Mr. Feeherry,
Mr. LaBrecque, Mr. Nutting, Mr. Piemonte and Mr. Boulger. UNANIMOUSLY GRANTED.
95-97 Federal Street - David & Ronda Preman (R-2 District)
Petitioners are requesting a variance to add a third floor apartment to the
existing two family house at this location. Atty. Donald Koleman of 328 Essex St.
appeared for the petitioners before the Board. He stated that there will be no
interior structural changes. Mr. Boulger stated that the Board cannot understand
the plans submitted. Mr. Koleman requested permission to present the case and
proper plans at the next meeting. Mr. Burns, an abutter in opposition stated that
the abutters will come to any meeting held on this location, which has been before
the Board before. Mr. Nutting suggested that the petitioner be allowed to come
back at the next meeting prepared with the proper plans. Mr. Boulger stated that
if the plans are not correct, the petition will not be heard. Atty. Koleman requested
that he be allowed to withdraw without prejudice and "continue at the October 17th
meeting. On the motion of Atty. Feeherry it was voted to continue', the case at
the October 17, 1979 meeting.
11 Goodhue Street - James Weener (Industrial District)
• Petitioner is requesting a variance for the construction of a building measuring
32 feet by 26 feet for the storage of motor vehicles. Variances are needed in regard
to side yard, rear yard and maximum lot area coverage.
James Weener, 37 Smith St. , Marblehead represented himself before the Board.
He stated that the land on which he plans to build this addition to his existing
business is constantly filled with rubbish, and the construction of the building will
eliminate this condition. Mr. Nutting questioned the petitioner as to his business.
Mr. Weener stated that he repairs antique cars as well as standard cars, he is 28 years
old and has been at this location for 1'k years. He has invested $11,000.00 in the
property and the taxes are $50.00 a month. There is a 14 foot wall behind his building
and this addition will be to the right of the existing building.
Mr. Boulger noted that the zoning ordinance required 30 foot set back from the
street, 30 feet from the side and rear, that the building is non-conforming and does
not meet density requirements. He stated parking is required. Mr. Nutting asked if
the Board is accepting the drawings submitted. Mr. Boulger stated the petitioner
should get an architect or engineer to come up with the proper stamped drawings.
Mr. Weener stated that he has 100 feet of frontage for the parking of customers
on the street. Mr. Nutting asked how close was the nearest residential property.
Mr. Weener - 400 or 500 feet. Mr. Nutting noted that the area was unique in that
it was all businesses. Mr. Weener stated that Mr. Chalifour his contractor has
the plans drawn up. Atty. Feeherry suggested that the case be continued until the
• next meeting so that the petitioner could get proper plans. Mr. Piemonte asked
Mr. Boulger to inform the petitioner of what was required. On the motion of Atty.
Feeherry, seconded by Mr. Piemonte it was voted to continue the hearing at the Oct. 17
meeting, with proper information to be submitted.
MINUTES OF BOARD OF APPEAL MEETING HELD SEPTEMBER 26, 1979 PAGE THREE
. 159 Lafayette Street - Arthur & Solanee Marchand (R-3 District)
Petitioners are requesting a variance to use 2'k rooms of their residence for
the sale of antiques and objects of art. The building is presently a 4 family dwelling.
Atty. Michael Stelman, 26 Lynde Street represented the petitioners before the Board.
He stated that Mr. Marchand was born in this house and has lived there most of his
life. He stated that the petitioner lives on the first floor and his brother lives
in the other apartment on the first floor. He stated the Marchands wish to sell
objects of art that they have collected over the years. The business will be mostly
by appointment. He submitted a petition signed by 8 abutters in favor of the request.
He also submitted photographs of some of the pieces the Marchands wish to sell. He
stated there will be no structural changes, no carpentry work, just sales. They antici-
pate no parking problems. Mr. Boulger noted that 9 parking spaces will be required.
Mr. Marchand informed the Board that 3 of the garages are rented to neighbors and of
the other three, 2 are rented for dead storage. Atty. Feeherry noted that the parking
of cars in the rear will block the 6 doors to the garage. Mr. Marchand stated that
cars can park in the circle that goes around the house without blocking the doors to
the garage. Mr. Marchand felt he was helping the off street parking problem by
renting the garages to ne—ighbors. Atty. Feeherry questioned Mr. Marchand about the
type of signs he would have. Mr. Marchand stated a very small sign stating if they
were opened or closed, he was thinking of a small shield with a red background, not
illuminated.
Mr. Boulger stated that the code required a minimum of 2 feet from the lot
line for parking, that this driveway is 8 feet and the minimum required is 12 feet,
• or 20 feet for two way use. Mr. Marchard stated his business would require very
little parking. Mr. Piemonte felt that this would not be much of a change for the
neighborhood, the objects for sale are very expensive and there would be no flood
of buyers to the house. Mr. Nutting noted that this is one of the nicest pieces of
property on Lafayette Street, that the Marchand's are approaching retirement and
need the income, and this type of business would not attract masses of people.
Atty. Feeherry asked what the immediate abutting properties were. --The Levesque
Funeral home and 28 unit apartment house. Atty. Feeherry asked if the garages were
rented to the apartment dwellers, and how much parking that building had. Mr. Marchand
stated the people in that building park in St. Joseph's yard in the winter.
Mrs. Levesque of the Levesque Funeral Home appeared in favor. Mr. William Jersyk,
a resident of Danvers, but owner of rental property at 157 Lafayette St. and 10-12
Dow Street appeared requesting information. He wanted to know what would happen if
the property were sold. He has no objection to the type of operation the Marchands
intend to have, but would not want a junk shop nett door. Atty. Feeherry stated that
the variance cannot be conditioned on the sale of the property but the Board can limit
the kinds of advertising that can be done. Mr. Joseph Salerno, 150 Lafayette St.
appeared in opposition because of the parking situation on the street. Atty. Feeherry
asked if he would be opposed if permission was granted for a 2 or 3 year period. Mr.
Salerno stated he would still object because he cannot see putting stores on this
street, he feels the Marchands could rent space in a commercial area.
REBUTTAL - Atty. Stelman stated there will be very little impact on the neighbor-
hood and that there are already 4 businesses in the area, a funeral home, gas station,
• realty office and dentist. The quality of merchandise for sale is such that there
would not be more than 2 or 3 cars a day. He stated it would be a hardship on the
petitioners because that have lived there over 50 years and this is an accumulated
inventory, they need the income to live on in retirement and renting a commercial
property would require an output for rental, insurance etc.
MINUTES OF BOARD OF APPEAL MEETING HELD SEPTEMBER 26, 1979 PAGE FOUR
• Mr. Marchand stated he felt that Historic Salem could use a good antique shop.
Mr. Nutting felt that this would be a showroom, not a shop. Hearing closed.
DISCUSSION: Mr. Boulger stated that the petitioner must show substantial hardship.
Mr. Marchand stated the taxes are $3,600.00 a year, he rent one apartment for $285.00
a month and the other to an elderly woman for $235.00. He just took a loan to have the
house painted for $3,000.00. He would have to pay $400.00 to $500.00 for a rental
property which would be a hardship to him. Mr. Nutting noted that the Marchand' s could
rent to college students. Mr. Piemonte noted that hardship is a relative thing---due to
age, retirement - and the use would not be a detriment to the neighborhood. Mr. Boulger
asked if the Board could justify nullifying the zoning ordinance. Mr. Piemonte felt it
was a question of judgement. Atty. Feeherry stated he could not see a special hardship
other than financial, he felt the variance could be very restrictive as to time, parking,
signs. Mr. Piemonte stated the use variance could be restricted to the sale of antiques
and objects of art - restricted to 2'k rooms as shown, the sign be limited in size and
the variance limited to 2 years. He asked if the petitioners would wish to withdraw
if these restrictions were placed on the variance. Mr. Boulger stated the Board needs
facts and figures relative to the hardship. Atty. Feeherry stated this is a minimal
use variance. Mr. Boulger asked if the Board would be granting it to the individual.
Atty. Feeherry stated that the Board cannot do that, that he is prepared to give a
legal opinion that the Board cannot give a variance conditioned on the sale or transfer
of the ownership.
The petitioners stated they would be agreeable to the conditions. Mr. Boulger asked
if the Board would be granting the variance to the individuals or the property, that
there was no hardship on the property. Atty. Feeherry stated that the :28 unit apartment
• building and the funeral home as immediate abutters could be considered a hardship.
Mr. Nutting requested that the question be voted on.
Atty. Feeherry moved that the variance be granted as rrequested with no structural
changes in the building and any sign be in accordance with the Sign Ordinance. Mr.
Nutting seconded. ROLL CALL: Voting to grant: Atty. Feeherry, Mr. LaBrecque, Mr. Nutting,
Mr. Piemonte, Mr. Boulger. UNANIMOUSLY GRANTED.
13 Pyburn Avenue - Esther G. Newton (R-1 District)
The petitioner wishes to construct a wheelchair ramp on the side of the house without
the necessary 10 foot side yard, for her 17 year old daugher who is a quadriplegic.
Mr. Powers, Bldg. Inspector stated the ramp did not have to conform to the Handicapped
Code because this is a private home. Appearing in favor: Elizabeth Newton, Jane DiMambro,
Ann Capputti, Irene Provo, Gilbert Gillespie all of Pyburn and Ravenna Avenue. There
was no opposition. Hearing closed.
Atty. Feeherry moved the petition as submitted be granted. Mr. LaBrecque seconded.
Unanimously„ voted by hand vote.
5 Ravena Avenue - Gilbert & Jeanne Gillespie (R-1 District)
The petitioners are requesting a Special Permit for the construction of a carport
to be attached to the front of the dwelling.
Atty. Richard Johnson, 81 Washington St, represented the petitioners before the Board.
• He stated that the petitioners had original requested a variance for the carport, which
was denied by the Board on June 20, 1979, and which case is now in the courts. He stated
he felt that the Special Permit use was more applicableunder Section 5 Sub-section 10 of
the zoning ordinance —extending the present non-conforming use for carport.
MINUTES OF BOARD OF APPEAL MEETING HELD SEPTEMBER 26, 1979 PAGE FIVE
• Atty. Johnson stated he requested that Board to look the area over and he submitted a
selection of pictures of the property. He stated that it is a hamesome piece of
property and that the house was constructed 15 or 16 years age when the side lot
set backs were only 5 feet. The lot only has a 50 foot frontage and does not have
a carport or garage. There is a porch on the side of the house adjacent to the Fontaine
property, and the back of the house has, a porch and garden. A carport or garage
between the house would be more offensive. He submitted a list of neighbors in favor
of the petition. Mr. Boulger moved this hearing be continued after the other cases to
be heard.
89 Canal Street - Bernard J. Mulligan (B-4 District)
The petitioner is requesting permission to establish a center for the instruction
of children and adults in the Japanese Martial and Cultural arts. Mr. Mulligan
represented himself before the Board. He stated he has operated a similar business for
16 years in Swampscott and'has been searching for a suitable location in Salem for
6 months. He stated the classes are held at night for adults - 6:30 P.M. to 9:30 P.M.
and for children on Saturdays 9:00 A.M. to 3:00 P.M. . He will have 15 parking spaces,
and the children are usually dropped off by their parents. Mr. Nutting noted that
the Board granted a similar case about 6 months ago because there is no provision
for this type of use in the Zoning Ordinance, and his main concern was that it not be
used as a residence. Mr. Piemonte asked if it was a club. Mr. Mulligan stated it
was a dues paying club, that the membership varies, there are about 20 to 25 in a class.
Dorothy F. Cohen, Fairfield St. , Salem appeared in favor. Opposed was John Bouchard,
2 Geneva Street. He stated he was worried about the size of the classes and the
parking situation. Mr. Mulligan stated that the classes only run for two hours, and
• a lot of people come in one car. Atty. Feeherry asked if the petitioner had a lease.
No - he wanted to get permission to occupy first. Atty. Feeherry asked Mr Bouchard
if he would have any objection if permission was granted for a period of time. Mr.
Bouchard - No. Mr. Powers noted it was advertised as a school, and a school cannot
occupy a second floor. Mr. Boulger felt the Board could change the wording from
a school to a club. Atty. Feeherry stated the notice was sufficient as long as the
variance is specific as to club. .
Atty. Feeherry moved that a variance be granted for 2 years for the establishment
of a center for the practice of the Japanese Martial Arts, hours 6:30 to 9:30 evenings
and 9:30 A.M. to 3:00 P.M. Saturdays, that the size of the classes be limited to 30
people; that there be parking for 15 cars, which meet the requirements of Section 7
of the Zoning Ordinance (hot topped - paved) . Mr. Nutting seconded the motion.
ROLL CALL - Voting Yes: Atty. Feeherry, Mr. LaBrecque, Mr. Nutting, Mr. Piemonte,
Mr. Boulger. ROLL CALL UNANIMOUS - GRANTED.
310 Lafayette Street - Dr. Joel G. Green (R-3 District)
Petitioner is requesting a Special Permit to operate a chiropratic office in his
home. Dr. Green, 54 Lindell Street represented himslef before the Board. He stated
the house will be used as a one family residence for his family, that he will be the
only doctor practicing and that his wife is his assistant. Mr. Boulger asked how
much space will be devoted to his practice.--3 rooms - 2 treatment rooms and a waiting
room, and he has 6 parking spaces. One of present owners, Mr. Duffy appeared in favor.
He stated that there is a poditrist office across the street and it causes no problems.
• There was no opposition. Hearing closed.
MINUTES OF BOARD OF APPEAL MEETING HELD SEPTEMBER 26, 1979 PAGE SIX
i
DISCUSSION: Mr. Piemonte did not feel the use was detrimental to the neighbor-
hood. Atty. Feeherry felt there would be no problem if the Special Permit was: tied
to the individual, not the property. Mr. Piemonte felt there would be no problem if
it was limited to chiropratic. Mr. Boulger noted that the use was presently excluded
from the area. Atty. Feeherry stated the property should be restricted as to other
R-3 uses as long as it is a chropratic office it remain a one family house. Mr. Boulger
felt it should be limited to 2 years. Atty. Feeherry moved that a Special Permit be
granted for 310 Lafayette Street for use as a Chiropratic Office, and single family
home, and that the Special Permit shall lapse is the property is sold or Dr. Green
does not use it for his practice. Mr. Nutting seconded. VOTING TO GRANT: ROLL CALL:
Atty. Feeherry, Mr. LaBrecque, Mr. Nutting, Mr. Piemonte. VOTING TO DENY: Mr. Boulger
ROLL CALL 4 Yeas, 1 Nay - GRANTED AS CONDITIONED.
5 Ravens, Avenue - Gilbert & Jeanne Gillespie (Continued)
Atty. Johnson presented a list of signatures of residents of the neighborhood, which
he felt reflected that this would not be a detriment to the neighborhood. Appearing
in favor were Jane DaMambro, 1 Ravenna Ave. , Louis DeMambro, 1 Ravenna Ave. , Joseph
Lima, 3 Pyburn Ave. , Al Provost, 9 Pyburn Ave. , and Anna Capputti.
Appearing in opposition was Atty. A. Dobbs, 70 Washington St. , representing the
Fontaines. Atty. Dobbs stated that insufficent set backs require a variance, not
a Special Permit and the Board has already denied a variance on this matter. Atty.
Feeherry stated that he was not here for the petition for a variance. Mr. Boulger
stated the variance was denied because of the violations of side and front setbacks,
• under Chapter 40A Section 15.
REBUTTAL: Atty. Johnson stated he felt the Board had the authority to grant a
Special Permit in this case. Hearing closed.
DISCUSSION: Mr. Nutting stated he felt that he,-could support this petition because
of the handicapped fact of the size of the lot. Mr. Piemonte felt that if the Board
denied a variance they could not grant a Special Permit. Atty. Feeherry stated the
Board must deal with what is before them - a request for a Special Permit.
Atty. Feeherry moved to deny the request for a Special Permit. Mr. Boulger seconded.
ROLL CALL - Voting to DENY: Atty. Feeherry, Mr. LaBrecque, Mr. Piemonte, Mr. Boulger
VOTING AGANIST DENYING - Mr. Nutting. SPECIAL PERMIT DENIED
A meeting was scheduled for November 14, 1979 at 7:00 P.M.
The meeting adjourned at 10:45 P.M.
Respectfully submitted,
(Ili#g of Salem, 'Mttssar4usetts
a Pamb vf Mvd
MINUTES OF THE MEETING OF THE BOARD OF APPEAL HELD ON WEDNESDAY, OCTOBER 17, 1979
The Members of the Board'of Appeal met in open session on Wednesday, October 17,
1979 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 October 3 and 10, 1979, and notices were
sent postpaid to abutters and others in accordance with Mass. General Laws.
On roll call the following answered present: James Boulger, Chairman; Anthony
Feeherry, Douglas Hopper, John Nutting, Joseph Piemonte and Edward Luzinski.
Mr. Nutting moved that the minutes of the September 26th meeting be accepted.
Mr. Feeherry moved a correction on Pages 3 and 4 to 28 unit apartment house. Mr.
Feeherry seconded Mr. Nutting' s motion to accept the minutes, as corrected. Voted.
Mr. Boulger appointed Mr. Piemonte to sit on the odd number petitions and
Mr. Luzinski to sit on the even number petitions.
95-97 Federal Street - David and Rhonda Preman
The petitioners are requesting a variance to make a dwelling unit on the third
floor of the existing two family house. Atty. Donald Koleman, 328 Essex Street
f• represented the petitioners before the Board. He submitted a petition signed by
`` 62 residents of the area in favor of the variance. He stated that the building was
a nursing home for many years and that the third floor was used as the nurses quarters,
and had a bath and a kitchen. He stated the house was on the market for 2 years
after its use as a nursing home and then was used as a two family. He stated that
there are seven rooms on the third floor, and the petitioners intend to live there.
Mr. Koleman stated that the proposed use would be less than the nursing home and that
for the building to be economically feisable it would need to be a three family.
He stated that parking is no problem, there are 10 spaces on the premises and the owners
would be happy to discuss additional parking with the neighbors who may need it. Atty.
Koleman submitted a survey of the area showing the uses of the houses, from one family
to six family. He stated the petitioners are not developers, they wish to upgrade the
building and occupy the third floor. He stated there 7 or 8 rooms on each floor of
the building and that it is one of the largest pieces of property on Federal Street.
Mr. Feeherry asked the purchase price - $67,000.00 - when in August, 1979. It was a
two family for 1 to I'k years, vacant for two years before that and a nursing home for
many years prior. Edmund Marukelli, 102 Federal Street appeared in favor. Appearing
in opposition was Mr. William R. Burns, Jr. , 22 Beckford St. who submitted a letter
from Mrs. Thomas McLean Griffin in opposition. He stated that the Preman's did speak
to him about their plans, and suggested that if their petition was opposed they would
continue to live in Marblehead and let the property deteriorate. He stated he did not
see why the building could not be self supporting as a two family. Once it is established
as a three family the owners could move out. Density is a problem on Federal St. , and
it would be setting a precedent to allow a three family. He stated the R-2 neighborhood
should be preserved. Lance Ireland, representing 91-93 Federal Street spoke in
opposition. He stated that there are a number of non-related single dwellers in this
house. The owners should have realized the financial burden the house would be before
they purchased it. Mr. Lester Pitman, 101-103 Federal St. , immediate abutter appeared
in opposition.
MINUTES OF THE BOARD OF APPEAL MEETING HELD OCTOBER 17, 1979 PAGE TWO
. 95-97 Federal St. - continued
Appearing and recorded in opposition: - Constance Arlander, Jane Arlander,
Christine Healey, and-.John Brown of^105 Federal Street who stated he purchased a
two family and has changed it to a one family. He feels this variance would be
a threat to his investment.
REBUTTAL - Atty. Koleman apologized for any remarks that the Preman' s may have
make to the neighbors as to their intent of leting the house deteriorate. He stated
the Board is charged with the duty to determine whether the proposed use would be
detrimental as a whole and if it would derogate from the Zoning By-law. He stated
there was a hardship with the land, as ithe house was built 50 to 70 years before
the zoning laws on a double or triple lot. Each unit, in some cases is larger
than the single houses in the area. Hearing closed.
DISCUSSION: - Mr. Piemonte asked if families were living in the house. Atty.
Koleman - On the 2nd floor there are 4 unrelated girls, on the 1st floor a married
couple and two single men - he stated there are 27 rooms in the house. Mr. Nutting
asked the cost of painting the house - Mr. Koleman stated he did not know, but that
insulation costs $7,000.00. Mr. Nutting stated that Councillor Grace called him
and was in favor of the petition but felt the petitioners should withdraw and meet
with the opposing neighbors and iron out some of the problems. He stated that the
house is veryalarge and upkeep must be very heavy. It hasn' t been in good shape
for 4 or 5 years and if it could be put on a paying basis it could be restored.
. Mr. Feeherry agreed that it was a huge structure, but that there were several
houses in the area in the same boat that were only 2 family. Mr. Piemonte stated
he felt that 3 family was compatible with the neighborhood but that what he was
afraid of with such a big house was that it would be rented to many single individuals
living together, instead of famalies. Mr. Hopper felt that the recent purchase of
the house eliminated any hardship as it was purchased,_�asha3t4o:.family. Mr. Feeherry
noted that as a two family each apartment could still have two boarders. Mr. Piemonte
stated that if the owners were living on the third floor he would not be concerned,
could the variance be locked into the owners residing there. Mr. Feeherry stated
a time limit can be put on but it cannot be locked into ownership.
Atty. Koleman suggested that the owners would be willing to a :Gime limit of
2 or 3 years, and if they were still living there they could come back to the Board
again. Mr. Boulger stated the Board could require that the building be kept in
good condition and that screening be placed around the parking. Mr. Feeherry stated
there could be a limitation to how it is rented - no more than 3 unrelated parties.
Mr. Burns, abutter stated that conditioning it on 3 years is meaningless - would
still be changing it to 3 -family. Mr. Piemonte felt that it would be a hardship
to the neighborhood only if it were rented to many individuals. Mr. Nutting asked
the purchase price - $67,000.00. Mr. Boulger stated that the house is big, you
could almost put 5 apartments in it, the Board could get a provision for the renovation
of the exterior, he felt the price was in line for a two family. Mr. Feherry noted
that the house is sprinkled throughout because of its previous use as a nursing home.
Mr. Feeherry moved to deny the petition because the petitioners failed to demon-
strate circumstances effecting this house in particular, Mr. Boulger amended did not
prove substantial hardship. .Mr. Feeherry further amended motion that the change from
R-2 to R-3 would derogate from the intent of the Zoning Ordinance. Mr. Boulger also
noted that this is in the Historic District. Mr. Hopper seconded the motion as
amended. ROLL CALL: Voting to deny: Mr. Feeherry, Mr. Hopper, Mr. Boulger.
Voting present: Mr. Nutting. Voting no to the motion to deny: Mr. Piemonte.
VARIANCE DENIED.
MINUTES OF THE BOARD OF APPEAL MEETING HELD OCTOBER 17, 1979 PAGE THREE
11 Goodhue Street - James Weener
The petition wishes to construct a building measuring 32 feet x 26 feet on the
property for the storage of motor vehicles. A variance is needed from side yard,
rear yard and maximum lot area coverage requirements.
Mr. Weener appeared before the Board at the last meeting and the case was continued
so that he could return with plans stamped by an architect. 'Mr. Werner represented
himself before the Board. He submitted a plot plan, and stated that Grazado Velleco
Architects, 115 Pleasant St. , Marblehead drew the plan submitted to the Board but
that they refused to stamp copies of the plan and the original cannot be located. He
stated that he is applying for a variance for the location, and asked if it could be
granted subject to the building inspector' s approval of the building plans at the
time he procures a building permit. Mr. Feeherry stated that that seemed like a
reasonable request, and that no building permit could be issued until Mr. Weener sub-
mitted proper construction plans to the Building Inspector. Mr. Boulger did not feel
that this could be done as the building is non-conforming and proper drawings are a
requirement of the Board, also there is no parking shown. Mr. Feeherry noted that
there was room for parking for 4 cars on the street. Mr. Weener stated that all the
building in the area are right on the street. He stated that no one was opposed to
the variance and that he he bought the existing building and spent $10,000.00 renovating
it and this building would further improve the property. Mr. Feeherry asked if the
Board could go forward without the plans or request that the pettitaoner withdraw.
ou
Mr. Hopper asked if the Board's requirement for stamped plans/ge waivered. Mr. Boulger
stated that it could not under the law.
Mr. Feeherry moved that the petitioner be given leave to withdraw without prejudice
and come back at a later date with the properly stamped plans. It was so voted by
hand vote. LEAVE TO WITHDRAW
180 Loring Avenue - Maurice & Albina Bennett
Petitioners are requesting a Special Permit to change the non-conforming use of
the property from a music studio to a doctor's office. Mr. Boulger withdrew and appointed
Mr. Feeherry to chair the case, and both associate members as voting members.
Atty. George Vallis, 1 Church Street represented the petitioners before the Board.
He stated that Mr. and Mrs. Bennett have a purchase and sales agreement with Dr. John
Fallon and wish to sell the property and retire to Florida. He submitted a petition
signed by 88 residents of the area in favor of the petition. A letter was received
from Sam and Jeanne DeFrancesco requesting that their-, names be removed from the petition
in favor. Atty. Vallis stated that Mrs. Bennett conducted a music studio at this location
for 17 years with a average of 50 pupils a week between the hours of 8:00 A.M. to 9:00 P.M.
Monday thru Saturday, 12 months of the year. He stated that Dr. Fallon wishes to conduct
a medical office, not clinic, 4 days a week, no evening or Saturday office hours and will
see approximately 10 to 12 patients a day. There will only be he, a nurse and secretary
working in the building: Atty. Vallis submitted a letter from Lawrence J. Fitzpatrick,
3 Auburn Rd. in favor of the Special Permit. Atty. Vallis stated that this petition
comes under Section V, Paragraph 10 of the Zoning Ordinance, whereby the Board can
grant changes of a non-conforming use if it is not a more detrimental use proposed.
He stated that a medical office is not more detrimental than a music studio. There will
be no changes to the exterior of the building. The entrance to the office would be on
Loring Ave, and 2 parking spaces would be on Loring Avenue.
MINUTES OF THE BOARD OF APPEAL MEETING HELD OCTOBER 17, 1979 PAGE FOUR
180 Loring Avenue - continued
Atty. Vallis stated that the garage on the property faces on Moffatt Road, and will
be used by the doctor and his nurse and secretary, the patients will park in the two
spaces on Loring Avenue and the 2 spaces would not add that much traffic to the area.
He stated that there is presently a photograph studio across the street and a barber
shop a few door away. Peter Conway, real estate broker stated he did a survey on
the building and the surrounding neighborhood and that the change would not reduce the
value of the surrounding property. Atty. Vallis stated that office hours will be 10:00A.M.
to 5:00 P.M. , the doctor practices internal medicine and is on the staff of Salem Hospital
and the Shaughnessy Hospital. Appearing in favor were: Leon Pauling, Donald Gleason,
Francis Whitehead, John Morano, Stephen Bik, Eleanor Samson, Lorraine Lantange, Eleanor
Melanson, Mr. Costin and Mr. Verette. Appearing in opposition was George Maguire,
4 Moffatt Road, immediate abutter to the Bennett' s property. He stated that he did not
believe that Mrs. Bennett had 50 pupils coming to the house in a week, that the Bennetts
lived in the house where as the doctor does not intent to live there. He believes
that this use will increase the volume of traffic on Moffatt Road. Mr. Feeherry asked
if there was a hedge or fence between the Maguire property and the Bennett property
by the driveway. Mr. Maguire stated there was a fence in the back. Mr. Bennett said
that the fence was on his property. Gail Nicholokas, 23 Moffatt Road appeared in
opposition. She stated that there will be a patient pileup with resulting additional
cars parking on Loring Avenue and Moffatt Road. She stated the people in favor have
grown children and are not considering the children coming from school will have more
traffic to deal with. She stated Dr. Fallon might decide to expand and get an associate.
The building will be empty at night since one one will be living there and attract vandals.
Beatrice Slack, 40 Moffatt Rd. appeared in opposition, does not want to see a business
in a residential area. The traffic flow will change and the property values will go down.
Philip Connors, 184 Loring Ave. , opposed because of traffic and is afraid that grass
will be torn up for parking spaces. Mr. Boulger noted that there are 6 parking spaces
on the site. Also appearing in opposition were Marilyn Maguire, 4 Moffatt Rd. , and
George Nicholokas, 23 Moffatt Rd.
REBUTTAL - Mr. Bennett stated relative to the hazard of an empty house - many of the
neighbors go to Florida for the winter and their houses are empty. Mrs. Bennett stated
that she has had up to 90 pupils in a week and most of them were driven. Atty. Vallis
stated this will not be a medical complex, it is just one doctor with 10 to 12 patients
a day. There are a number of medical offices on Lafayette Street with no one in residence
and they do not cause problems. There will be no exterior changes to the building.
Hearing closed.
DISCUSSION: Mr. Nutting felt some restrictions should be included concerning
hours - 10:00 A.M. to 5:00 P.M. for office visits, no Saturday office hours, no grass
removal. Mr. Feeherry stated a restriction as to office hours could be put on but
that the doctor could still see a patient for an emergency at another time, and he
wondered as to any signs to be erected, he stated the Special Permit could cease if the
property was sold or transferred. Mr. Hopper felt he wished it to be conditioned
on the sale of the property, another doctor could always come back to the Board. Mr.
Feeherry moved that the Special Permit for a change in the non-conforming use from a
music studio to a doctor' s office as provided for in the Zoning Ordinance under Section 5-10
and Section 8-F with the following conditions:, 1. It will only be used for 1 doctor, 1
nurse and 1 secretary; 2. Normal business hours will be 4 days a week, exclusive of
Saturday, 10:00 A.M. to 5:00 P.M. except for an emergency; 3. The grassy area on Moffatt
Rd. and Loring Ave, remain; 4. Two parking spaces be constructed on Loring Ave. and
paved in accordance with the Zoning Ordinance; 5. All changes be on the interior.
MINUTES OF THE BOARD OF APPEAL MEETING HELD OCTOBER 17, 1979 PAGE FIVE
180 Loring Avenue - continued
6. There be no exterior changes to the property; 7. Signs be accordance with the
Salem Sign Ordinance; 8. No "No parking - Doctor's Office" signs be placed on
Moffatt Rd, if this condition is not in conflict with the City Council' s authority.
Mr. Luzinski seconded the motion, ROLL CALL: VOTING TO GRANT: Mr. Feeherry, Mr.
Hopper, Mr. Nutting, Mr. Piemonte, Mr. Luzinski. UNANIMOUSLY GRANTED WITH CONDITIONS
10 Beacon Street - Natalie Gaines
The petitioner is requesting permission to extend an existing porch to within
2 feet of the property line. The petitioner represented herself before the Board.
The Board found that the' drawing submitted was not adequate or drawn to scale.
On the motion of Mr. Feeherry the petitioner was advised to have her builder draw
some accurate scaled drawingss and the case will be continued at the next meeting..
Voted.
94 Bridge Street - Michael J. Aoostolos
Petitioner is requesting a variance to extend the non-conforming service station
by the c6fi truction of an addition 18.1' x 30.4' .
Atty. Edward P. Holzberg, 1 Salem Green represented the petitioner before the
Board. He stated the petitioner has been at this location for 15 years, last March
there was a bad explosion and it is necessary for him to make extensive renovations.
Extending the building by this addition will make the building square. Mr. Feeherry
. noted that the property could use some cleaning up. There are junk cars, debris, and
he felt that a chain link fence should be put around the area, also some greenery.
Mr. Apostolos stated that he intended to erect a fence and plant shrubs, but that he
has had some business problems. He stated all entrances to the property will be on
Bridge Street, and he must remove the oil he has stored in the building. He stated
that downstairs of the addition will be used for storage and upstairs for an office.
He does not have the U-Haul trucks at this location now and eventually he will hot-top
the yard. Mr. Feeherry asked what the location is used for. -Petitioner - Customers
cars and towed wrecks. He must hold abandoned cars for 30 days. Mr.. Feeherry was
concerned that the area was not paved and is unattractive.
Mr. Boulger felt that there should be an 8 foot strip of planted area on the
Pearl and Cross St, sides. Mr. Boulger asked if there was a site plan. Mr. Feeherry
stated he would like to see the area cleaned up and the proposals for planting and fencing
incorporated into the plans. Mr. David Jaquith, Architect, stated he would come up
with a proposal for landscaping.
Mr. Richard Swiniuch, Forrester Street spoke in opposition. He stated the petitioner
was granted a variance on August 26, 1974, and one of the conditions of that variance was
that the grounds be properly landscaped, which was never done. He stated that the
residents in the area maintain their property and this business is not kept up. Ruth
McNamara, 3_'Cross Street appeared in opposition. She stated that the neighbors went
along with the original variance, but that the petitioner never did what he promised to do
regarding the appearance of the property. The following heighbors appeared in opposition:
Raymond Belanger, 4 Cross St. ; Stella Bozek, 9 Conant St. ; Mrs. LeBlanc, 10 Conant St.
AREBUTTAL: Atty. Holzberg-requested a copy of the five year old variance. He stated
that the opposition is not to the addition, just the condition of the property'.. He
stated the petitioner will comply with the previous variance.
MINUTES OF THE BOARD OF APPEAL MEETING HELD OCTOBER 17, 1979 PACE SIX
94 Bridge Street - continued
r '
DISCUSSION: Mr. Feeherry asked if the petitioner would supply new plans showing
the green belt, gas pumps, and entrances and exits. Mr. Boulger suggested that specific
size and types of shrubs should be included.
On the motion of Mr. Feeherry, seconded by Mr. Nutting the case was continued
until the next meeting and detailed plans of an aesthetic nature to be submitted. VOTED.
46 School Street - Jovice A. Hinson
Petitioner wishes to add an 8 foot by 10 foot addition for a laundry room. The
lot is presently non-conforming. Mr. Benoit, contractor represented the petitioner
before the Board. He stateddshe lives on the second floor and presently has her laundry
in the basement. She wishes to move it to the second floor. She will have a side yard
of 64 feet after the addition. There was no opposition. Hearing closed. Mr. Feeherry
quoted from Mass General Laws, Chapter 40A SectionJ6, and stated he felt that the
petitioner did not have to come to the Board for this addition. Mr. Feeherry moved
petition be granted as filed. Mr. Nutting seconded. Voted unanimously by hand vote.
166 North Street - Warren Baughn
Petitioner is requesting permission to add an apartment over the existing garage
connected to the one-family house. The lot is presently non-conforming. Mr. Baughn
represented himself before the Board. He stated that the apartment is for his 80 year
old mother-in-law. There was no opposition. Hearing closed. Mr. Feeherry again felt
that this case did not need to come before the Board. On the motion of Mr. Feeherry,
seconded by Mr. Luzinski the petition as submitted was granted by unanimous hand vote.
The December meeting of the Board was scheduled for December 19, 1979 ay 7:00 P.M.
The meeting adjourned at 10:45 P.M.
Respectfully submitted,
(9itg of ttlem, ttsstttl�usEtts
�Raarb of Vd
MINUTES OF THE MEETING OF THE BOARD OF APPEAL HELD ON WEDNESDAY, NOVEMBER 14, 1979
The Members of the Board of Appeal met in open session on Wednesday, November 14,
1979 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 October 31 and November 7, 1979,
and notices were sent postpaid to abutters and others in accordance with Mass. General
Laws.
On roll call the following answered present: James Boulger, Chairman; Douglas
Hopper, John Nutting, Joseph Piemonte, and Edward Luzinski.
Mr. Piemonte moved that the minutes of the October 17th meeting be accepted.
Mr. Nutting seconded. Voted. Mr. Hopper was appointed Acting Secretary, and the
Associates as voting members.
62 Jefferson Avenue - F. Robert Ruscio
The Petitioner is requesting a variance to extend a non-conforming business at
62 Jefferson Avenue (R-1 District) by the construction of an addition 30 feet by
18 feet for the repairing of cars.
Letters from City Councillors Martineau, Nowak, Centerino and O'Keefe in favor
were submitted. Six letters from abutters were submitted in favor. Councillor
Stephen Lovely appeared and spoke for the petitioner. He stated that all of the
abutters were for this petition. Mr. Ruscio was a good neighbor and this addition
would permit him to work out of the elements, the area is primarily commercial though
zoned R-1. His immediate abutter is the telephone company garage and they are not
affected by this addition. There was no opposition. Hearing closed.
Mr. Piemonte felt this would not derogate from the abutting properties, and
moved that the petition as presented be granted by the granting of a variance for
the construction of an addition 30 feet by 18 feet as shown on the plan submitted.
Mr. Nutting seconded the motion. ROLL CALL: TO GRANT - Mr. Hopper, Mr. Nutting,
Mr. Boulger, Mr. Luzinski and Mr. Piemonte. VARIANCE GRANTED BY UNANIMOUS ROLL CALL
VOTE
10 Beacon Street - Natalie Gaines
The petitioner wishes to extend an existing rear porch,-which is within 2 feet
of the rear property line, along the rear of the house for 20 feet. (R-2 District)
The petitioner represented herself before the Board and stated that the closest
building to the porch is a garage on the property in back of her house. She stated
that her rear yard is so small it is useless and this porch, which will have no
walls or roof, and is really a sundeck, will improve her property and eliminate
a problem. There was no opposition. Hearing closed.
DISCUSSION: - Mr. Boulger that this was a very big porch, and quite an
increase in the density. He stated that the porch was about 4k feet above ground
level. Mr. Luzinski asked how much longer the new porch would be than the existing
one. - Twice as long. Mr. Piemonte felt that it was a question of the degree of
comfort for the petitioner and a better utilization of the property. Mr. Boulger
MINUTES OF THE BOARD OF APPEAL MEETING HELD NOVEMBER 14, 1979 PAGE TWO
• 10 Beacon Street (Continued)
Mr. Boulger stated that the Board could grant a smaller porch than requested,
that the porch requested is encroaching on the required 10 foot side line as well as
the rear yard requirement. Mr. Nutting asked how many feet would be left on the side
yard. Mr. Boulger stated - less than 5 feet. Mr. Piemonte noted that the existing
rear porch is already just 2 feet from the lot line. Mr. Boulger stated that he
could not support the side yard violation. Mr. Hopper asked the petitioner if she
would go along with the smaller porch if voted by the Board, Mrs. Grimes stated
that it depended on costs. Mr. Nutting stated that he leaned to Mr. Boulger's thinking
relative to the side line violation. Mr. \Piemonte felt that the petitioner had put
a lot of though into what she wanted to build. Mr. Mansur, Asst. Building Inspector
was requested to look at ,the drawing of the proposed porch. Mr. Boulger felt that there
was no hardship. Mr. Hopper felt that the hardship was the location of the house
on the lot.
Mr Hopper moved that the petitioner be granted permission to construct an un-
covered porch extending along the 2' 11" rear line but is not granted a variance from
the side yard requirement of 10 feet. Mr. Luzinski seconded the motion. ROLL CALL
TO GRANT AS AMENDED: YES: Mr. Hopper, Mr. Nutting, Mr. Boulger, Mr. Luzinski, and
Mr. Piemonte. ROLL CALL UNANIMOUS TO GRANT AS STATED
94 Bridge Street - Michael J. Aoostolos
Continuation of the hearing from October 17, 1979 - Petitioner is requesting a
• variance to extend a non-conforming service station at 94 Bridge Street by the construction
of an addition 18.1 feet by 30.4 feet. The hearing was continued for the submission
of new plans showing the green belt, gas pumps, and entrances and exits to the station
in more.detail. Atty. Edward P. Holzberg, 1 Salem Green represented the petitioner
before the Board.
Mr. Boulger read the decision for the previous addition at this address which
was granted August 26, 1974, and which was granted subject to the following conditions:
1. That the grounds be landscaped properly; and 2. That the exterior of the existing
building be renovated at the same time that the proposed addition is erected. Mr.
Boulger stated these conditions were never met. Mr. Nutting noted that the details
on landscaping were not listed. Atty. Holzberg stated that the conditions had been
complied with at the time. Mr. Nutting noBAd that the new plans show an exit on Pearl
Street from the proposed parking area. Mr. Boulger noted that the exit is 20 feet wide.
Atty Holzberg stated there are normally about a dozen cars on the lot. Mr. Boulger
noted that the plans show spaces for 17 vehicles. Mr. David Jaquith, 11 Ober St. , Beverly
architect addressed the Board relative to the plans. He stated there will be 8 feet of
plantings on two sides, the Cross and Peaii St, sides, they will be Japanese Yews with
Juniper trees on the corners. The existing shrubs and trees on the right side of the
lot will be maintained. The lot will be paved and the existing fence stained. Mr.
Nutting asked the cost of the landscaping and maintenance. Mr. Jaquith - between
$1,200.00 and $1,500.00. Mr. Boulger stated a time limit could be put on the variance
to make sure that the lot is maintained. Mr. Hopper questioned why there is an entrance
and exit on Pearl Street, when they had been excluded in the 1974 variance.
• Mr. Apostolos stated that 10 wheel vehicles need the exit on Pearl Street to get in
and out. He stated that he does not make a habit of towing trucks and buses, but that
he must on occasion.
MINUTES OF THE BOARD OF APPEAL MEETING HELD NOVEMBER 14, 1979 PAGE THREE
• 94 Bridge Street (Continued)
Mr. Boulger noted that this is changing from a small gas station to a large operation
that should be in an outlying area. Mr. Nutting asked how many tow trucks are on
the property. Mr. Apostolos said 7, he tows for the City of Salem, auto agencies
and other businesses. He stated he is planning to retire and his sons will take over
the business. There was no opposition. Hearing closed.
DISCUSSION: - Mr. Boulger stated that code specifically excludes service stations
from the R-1 & 2 Districts. Mr. Piemonte noted that it is the condition of the property
that disturbs the abutters, and that if this was granted a time limit would be needed
to insure that the conditions were met. Mr. Hopper noted the following - The use is
not desirable; the history of the property is not good; it would be increasing business
in a residential area; it would be a detriment to the neighborhood. Mr. Piemonte stated
that this is an established ,business which provides a service to the City, and to deny
this variance will cause a worse situation as the property will not be cleaned up.
Mr. Hopper suggested that the Board could condition it that all site work be done before
the issuance of a building permit. Mr. Boulger stated it would still be a hardship
on the community because it is extending a non-conforming use in a residential area.
A time limit could control one aspect of the problem but would not control the fact that
it is a detriment to the neighborhood. The following conditions were suggested -
1. that there be andeight foot green belt on Pearl & Cross Street; 2. that the rear
entrance on Pearl Street be closed up; 3._that_ no buses of trucks be allowed in the
rear parking area except the, tow tri
MINUTES OF THE BOARD OF APPEAL MEETING HELD NOVEMBER 14, 1979 PAGE FOUR
• 30 Fairview Road (Continued)
Mr. Boulger noted that the site plan does not show elevations„and asked how high
the porch will be from the abutting land. Mr. Lagonakis - at least 8 feet.
Mrs. Alice Connelly, 8 Fairview Road, an immediate abutter appeared in favor. There
was no opposition. , Hearing closed. Mr. Boulger made a motion to grant the variance
for construction 4' 6" from the east lot line, and 27' from the Connelly property
because this will not be a detriment to the neighborhood, and it is a hardship for
the petitioners because of the parents, and the granting does not derogate from the
intent of the Zoning Ordinance. ROLL CALL - TO GRANT: Mr. Hopper, Mr. Nutting,
Mr. Boulger, Mr. Luzinski and Mr. Piemonte. GRANTED UNANIMOUSLY.
57 Loring Avenue - Arthur Valaskatgis (R-1 District)
The petitioner is requesting a variance to construct a new commercial building
for use of retail sales of automotive parts and supplies. Mr. Boulger withdrew from
voting. Atty. George Vallis represented the petitioner before the Board. A letter
from the Planning Board objecting to this variance on the grounds that it is extending
business uses in a R-1 district, was received and made a matter of record.
Atty. Vallis stated that this is not a true residential area although zoned so.
He felt relief was warranted as the site is directly across the street from a B-1
District. It has been vacant for 10 to 15 years, and no one would be interested in
putting a house on this particular site, as the area is too commercial. Mr. Vallis
stated that if the Board is concerned about the landscaping, the variance could be
• conditioned that the Certificate of Occupancy not be issued by the Building Dept.
until it was completed. He stated that Mr. Valaskatgis operates a similar business
across the street and this is not an offensive use. Most of the business is done
by delivery, and the site has adequate parking.
Mr. Nutting said that Councillor Daly wished to be recorded in favor. Arthur and
Paul Valaskatgis were recorded in favor. Annette Valaskatgis and John Wright were
recorded in favor. There was no opposition. Hearing closed.
DISCUSSION: Mr. Nutting asked if the parking spaces were strickly for this
business. Yes. He asked if any electric machine tools would be used - Yes, but very
small ones. He asked if there were any plans to erect a fence - Probably, people
will be kept from behind the building and the landscaping will include trees and
shrubs. Mr. Hopper felt there was a hardship on the property because of its close
proximity to a business area, and that to grant the variance would not derogate from
the intent of the zoning by-law, or effect the peace and happiness of the abutters.
Mr. Nutting moved to grant the variance as requested. Mr. Luzinski seconded.
ROLL CALL TO GRANT: Mr. Hopper, Mr. Nutting, Mr. Luzinski and Mr. Piemonte.
UNANIMOUSLY GRANTED.
391-391'k Essex Street - Herbert Weston (R-2 District)
Petitioner is requesting a Special Permit to extend a non-conforming structure,
by the addition of dormers. The petitioner desires to enlarge the second floor
apartment on the two family house, and it will remain a two-family dwelling. A letter
from Dr. Frederick Keach, 393 Essex Street stating that he has additional parking
spaces for the building if necessary.
MINUTES OF THE BOARD OF APPEAL MEETING HELD NOVEMBER 14, 1979 PAGE FIVE
• 391-391'g Essex Street (Continued)
Letters stating they had no objections to the dormers were received from: Dr. Richard
LeBel, 43 Chestnut St. ; Mr. & Mrs. William Forbes, 19 Flint St. ; Dr. Frederick Keach,
393 Essex St. Two letters were received from Philip Burke, 48 Chestnut Street, one
dated November 9th stated he had no objection to the dormers, and one dated Nov. 14th
stating that he hoped the dormers were of conservative design.
A letter was received from the Salem H :sgorical Commission reminding the Board
that this was an architecturally significant property in an important Salem location
within the Chestnut Street National Register of Historic Places District. The letter
stated that the Commission would be happy to review plans for the dormers.
Atty. John R. Serafini, Jr. , 65 Federal St. , represented the petitioner before
the Board. He stated that this a very old building and was in a state of disrepair
when the petitioner bought it. There are two dwelling units in the building, the
first floor has a 3 room apartment, and the second floor only has three rooms.
Mr. Weston wishes to add rooms to the second floor apartment by utilizing the third
floor which would require the dormers asci the roof is very slanted. He stated that
the proposed use is not more detrimental to the neighborhood and there will be no
increase in area or volume. Mark Audet, 395 Essex Street appeared in favor of the
petition. Eleanor Meadowcroft, 25 Flint Street appeared in opposition. She stated
,.,that she understood Mr. Weston' s desire to use the third floor but felt that the
dormers were much too large and did not conform to the architecture of the neighbor-
hood. Mr. Hopper asked Ms. Meadowcroft if the Historic Commission revised the
dormers if she would withdraw her objections. She felt she would need to see
• what they agreed to.
REBUTTAL: Atty. Serafini stated that these are relatively small dormers, the
windows are the same as those on the second floor of the building, and although the
building is adjacent to the Chestnut St. Historic District, it is not in it.
Mr. Boulger moved the Board accept the offer of the Historic Commission to review
the plans submitted and make recommendations. Mr. Hopper amended the motion that
the petitioner submit new drawings with the approval of the Historic Commission at
the Dec. 19th meeting. Mr. Piemonte seconded. ROLL CALL TO CONTINUE TO DEC. 19:
YES Mr. Hopper, Mr. Boulger, Mr. Luzinski, Mr. Piemonte. NO: Mr. Nutting.
Mr. Boulger moved that a letter be sent to the Historic Commission extending an
invitation for their appearance before the bBoard with the recommendations of their
architect at the December 19, 1979 meeting.
94 Bridge Street - Mike Apostolos (Continued)
The petition was taken up again. Mr. Luzinski moved the petitioner be given
leave to withdraw. Mr. Hopper seconded. ROLL CALL - FOR WITHDRAWAL: Mr. Hopper,
Mr. Nutting, Mr. Boulger, Mr. Luzinski. NO VOTE: Mr. Piemonte.
PETITION WITHDRAWN
The January meeting of the Board was scheduled for January 16, 1979 at 7: 00 P.M.
The meeting adjourned at 10:30 P.M.
. Respectfully submitted,
Clerk
±J
MINUTES OF THE MEETING OF THE BOARD OF APPEAL HELD ON WEDNESDAY, DECEMBER 19, 1979
The Members of the Board of Appeal met in open session on Wednesday, December 19,
1979 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 December 5 and 12, 1979, and notices
were sent postpaid to abutters and others in accordance with Mass. General Laws.
On roll call the following answered present: James Boulger, Chairman; John
Nutting; Arthur LaBrecque; Anthony Feeherry and Edward Luzinski.
Mr. Boulger, Chairman appointed Mr. Luzinski, Associate member as a voting
member of this meeting. It was moved and seconded to dispense with the reading of
the minutes of the previous meeting.
4A Buffum Street - Michael & Joan Bick
The petitioners are requesting a Special Permit to add a third apartment to the
existing two family house at 4A Buffum Street. The petition was incorrectly adverstised
as being in an R-2 District, when in fact it is in an Industrial District. The
petitioner requested permission to withdraw without prejudice, so that the request
can be resubmitted and advertised correctly. On the motion of Mr. Feeherry, seconded
by Mr. Nutting permission to withdraw without prejudice was unanimously granted.
4 Brown Street - Allan E. Legere, Petitioner
Petitioner is seeking a variance to divide the three story structure into five
studio apartments and provide five off street parking spaces. A variance was granted
for this ,on November 29, 1977 but the work permitted was not completed within a year
nor was an actual building permit applied for.
A letter was received from Atty. Timothy J. Davern, 26 Lynde St. , attorney for
the petitioner, requesting permission to withdraw the petition, without prejudice.
On the motion of Mr. Feeherry, seconded by Mr.`LaBiecque petitioner given leave to
withdraw without prejudice by unanimous hand vote.
391-391' Essex Street - Herbert Weston (CONTINUATION)
The petitioner is requesting a Special Permit to extend a non-conforming structure
by the addition of three dormers. At the November Board of Appeal meeting the matter
was referred to the Historic Commission for review and recommendations.
A letter was received from the Historial Commission making recommendations:
1, that the two dormers shown on the right gable be eliminated and, 2, that the 10 foot
shed dormer facing south should remain with the modification that the window opening
of same be in the form of 2 six-over-six window units, equally spaced with 3 equally
spaced areas of clapboard surrounding.
John R. Serafini, Jr. , Atty. of 65 Federal Street represented Mr. Weston before
the Board. He submitted a petition signed by 6 of the neighbors in favor of the
proposal as approved by the Historic Commission. He stated that Mr. Weston, though
he originally intended to add three dormers, is willing to follow the recomendations
of the Historical Commission. The petitioner wishes to live in the building and
needs this 3rd floor space for a bedroom, and it cannot be used without a dormer.
Ann Harris, 131 Federal Street a member of the Historical Commission and an Architect
appeared in favor and stated the solution submitted by the Historical Commission
was an appropriate blend, and the plans submitted were what was approved.
�- MINUTES OF THE BOARD OF APPEAL MEETING HELD DECEMBER 19, 1979 PAGE TWO
• 391-391k, Essex Street (Continued)
Appearing in opposition was Atty. John Tierney, 9 Main St. , Peabody representing
Eleanor Meadowcroft, 25 Flint Street. He stated that this dormer will be extending
a non-conforming use by increasing the size of the building which has a store on the
first floor and this is an R-2 District. He stated that Miss Meadowcroft is a direct
abutter to this property and that her privacy will be effected by this window which
will overlook her garden. He stated that the other windows on that side of the
building are blocked by a fence or used for storage area. He stated that this dormer
will decrease the value of her property.
REBUTTAL - Mr. Serafini stated that this is not a change in use, just a slight
increase in the size of the structure, by the addition of one 10 foot dormer with
two windows. As to an invasion of privacy, there are already several existing
windows on that side of the building and the other houses around Miss Meadowcroft
tower over hers and have windows looking down into her yard. The effect of the
light to her yard is slight as the window is facing south. He stated that this
is a hardship to the petitioner as he cannot add a bedroom to the house without
this dormer. Hearing closed.
DISCUSSION - Mr. Feeherry felt that the scaling down of the original request
was not more detrimental to the neighborhood and this was not an extension of the
use, just the structure. Mr. Boulger stated that the dormer faces south and therefore
there would be no blocking of light, and the dormer will be 18 feet back from the
lot line. He felt to deny would be a hardship on the petitioner, and it could granted
without derogating from the intent of the Zoning Ordinance, and was no detriment to
• the public good. Mr. Nutting stated that he was against the original petition, but
after the work done by the Historical Commission with Mr. Weston he felt it was an
acceptable compromise.
Mr. Feeherry made a motion to approve the Special Permit for one dormer on
the south side as described in the plans filed with the Board, all construction to
conform and the building to remain a two family house. Mr. LaBrecque seconded the
motion. ROLL CALL: IN FAVOR: Mr. Feeherry, Mr. LaBrecque, Mr. Nutting, Mr. Boulger,
Mr. Luzinski. GRANTED UNANIMOUSLY
Lobs #517, 519, and 521 Cherry Hill Avenue - Peter & Carol Katsarakes
The Petitioners are requesting a variance to combine the above captioned lots
for a total of 23,460+ square feet, and divide them into two(2) lots each containing
11,730+ square feet, with 75 foot frontage. The petitioner' s son, George Katsarakes
presented the petition to the Board. He stated that one of the original three small
lots had been his grandfather's and the other two have been owned by his father for
over twenty years. Under the new Zoning Laws the three small lots authomatically
became one large lot and they are requesting variances for frontage and lot area
so that the land could be used as two lots. The Petitioner stated that he wished
to give his son one of the lots so that he could eventually build a home, and his
other two children can decide what will be done with the other lot. Appearing in
favor was Nicholas Korova of Lynn for an abutter who has the same problem. He stated
that property owners were not aware of the change in the State law and have held
. these lots for years. He pointed out that if the middle lot had been sold, the
other two lots would have been legal with 50 foot frontage. Mr. Feeherry asked
if there were any houses in sight with larger frontages than the proposed two lots.
No. Mr. Luzinski asked if these were three buildable lots when purchased. Yes.
PAGE THREE
MINUTES OF THE MEETING OF THE BOARD OF APPEAL HELD ON WEDNESDAY, DECEMBER 19, 1979
v.
Mr. Feeherry felt that these changes would not change the character of the neighbor-
hood and was in favor. Mr.tfl4gg 1 er noted that the other lots in the <area''d'o not
have 150 foot frontage and would not be detriment to the area. He felt this was
a hardship on the owner. Hearing closed.
Mr. Feeherry made a motion that the 3 existing lots be combined and divided into
two lots, each with 75 foot frontage and 11,955 sq. feet of area, and variances be granted
€rom:thefrontage and area requirements conditioned on the approval of the Planning
Board. _ Mr. Nutting seconded the motion. ROLL CALL - IN FAVOR: Mr. Feeherry,
Mr. LaBrecque, Mr. Nutting, Mr. Boulger, Mr. Luzinski. GRANTED BY UNANIMOUS VOTE.
219 North Street - Robert G. Spychalski
The petitioner is requesting a variance for the existing 7.6 foot side line
for the property at 219 North Street (R-2 District) . The single family structure
constructed in 1964 was inadvertently erected closer to the Cushing Street side line
than was allowed by a variance granted January 20, 1964. No further construction
is to be done.
Mr. Peter DeGange represented the petition before the Board. He stated that
the original owners are deceased. Mr. Spychalski wishes to purchase the house, but
the bank will not make the mortgage money available until a variance is granted for
the existing placement of the house. Mr. Boulger read the original decision as
granted in 1964, and stated evidently the house was placed the wrong way on the lot.
. There was no opposition.
Mr. Feeherry.made a motion that the variance as requested be granted, :to allow
a 7.6 foot side line on the Cushing Street side instead of the 12 feet allowed by
the previous variance, as this is a hardship and only affects this house which has
been there 15 years. Mr. Luzinski seconded the motion. GRANTED BY UNANIMOUS HAND
VOTE.
Lots #353 354 355 356, and 357 Marlborough Road - Gordon R. Tilton
:. Petitioner is requesting a variance to combine the above captioned lots and divide
them into two equal lots having a frontage of 150 feet and an area of approximately
13,500 square feet each.
Mr. Gordon Thompson, 17 KBmberly Drive, Danvers, Realator represented the petitioner
before the Board. He made a correction that one lot would have a frontage of 144.87 ft.
and the other would have a frontage of 155.13 feet. He stated that most of the lots
in the area are much smaller than the size of the two proposed lots, and because of
the ledge in the area. Mr. Feeherry asked if the land appears as one lot on the
Assessor's map because of the zoning change. Yes.
Joseph Tauraso, 2 Vista Avenue appeared in opposition. He stated that this
would be an invasion of his privacy, that the approach to the parcels will be poor,
that the lots are not at street level, but about 10 feet above. He stated it will
• have a very dangerous exit on Marlborough Rd. He stated that the lots will not
contain approximately 13,700 square feet, one will contain 12,900 sq feet and the
other 12,800 square feet. Mr. Luzinski asked Mr. Tauraso how he entered his property.
Through Vista Avenue.
PAGE FOUR
MINUTES OF THE MEETING OF THE BOARD OF APPEAL HELD ON DECEMBER 19, 1979
• Mr. Nutting asked the price of the property--the lots are $8,000.00, but that is
because of the ledge.
REBUTTAL: Mr. Tilton stated that many houses are built on Marlborough Road
in the same manner, on top of the ledge. He asked the Board to view the property
so that they could see if there were a problem. He stated that there is plenty
of room and it would not be an invasion of privacy. The buyer intends to build
raised ranches to minimize the blasting. Hearing closed.
DISCUSSION: Mr. Feeherry stated that only issue seemed to be invasion of privacy,
and even if the variance was not granted there is one buildable lot there now.
Mr. Boulger felt that there was a hardship proven because of the nature of the land.
Mr. Nutting felt there could be a traffic problem. Mr. Boulger stated that that is
up to the Police Department. Mr. Nutting stated that he would like to see the
property. Hearing closed.
Mr. Feeherry moved that the variance be granted in accordance with the petition,
the five lots be divided into two lots, with 144.87 ft. and 155.13 frontages and
113,59 rear lines, Lot A containing 12,900 square feet and lot B containing 12,800
square feet in lieu of 15,000 square feet and subject to Planning Board approval.
Mr. Luzinski Seconded ROLL CALL TO GRANT: YEA: Mr. Feeherry, Mr. LaBrecque, Mr.
Boulger, Mr. Luzinski; MAY: Mr. Nutting. GRANTED BY ROLL CALL OF 4 YEAS 1 NAY
14 Hubon Street - Robert Tamilio d/b/a Hubon Aluminum Foundry, Inc.
Petitioner is requesting a variance to extend the non-conforming use of the
property in a R-2 District by the construction of an addition 15'x 25' for the
storage of castings.
Mr. Robert Tamillio, petitioner presented his case before the Board. Mr. Tan ilio
resides at 19 Eden Glen Ave. , Danvers but owns this building and other property
on Rice Street. He stated that he is pressed for space and now has�:;2 trailers on
his property which could be removed if he could build this addition. He stated
his hours are 8:00 A.M. to 4:30 P.M. and he has land for parking. Mr. Boulger noted
that the addition is not set back from the street. Mr. Tamilio stated it would
follow the lines of the present building which is on the property line. Mr. Feeherry
asked when the construction was needed. Mr. Tamilio stated that he has only four
employees and needs more but they are too crowded. Mr. Nutting asked if the addition
were set back, could he plant shrubs in front of it. Mr. T. It is a dead end street
and people back up and would hit the plants as they turned around. Mr. Feeherry
inquired if any of the neighbors objected. No. Mr. Nutting stated the facade of
the present building was industrial. Mr. Tamillio stated it looked as good as
the houses in the area. Mr. Boulger stated that the Board was looking at the long
range improvement, if he set the addition 7k feet back (15 required) it would be
an improvement on the street. Mr. Luzinski noted that the petitioner had the room
to move the building back. There was no opposition. Hearing closed.
DISCUSSION: Mr. Boulger stated he would not be opposed if the addtion was set
back 7k feet for future planting of a green area, which could be protected by a
• barrier. Mr. Boulger noted that the is a non-conforming industrial building in
an R-2 District which requires 15 foot front yard and 30 foot rear yard. If the
building is set back 7k feet the petitioner will need variances for: a 7'k front
yard and a 15 foot rear yard, and extension of a non-conforming use.
PAGE FIVE
MINUTES OF THE MEETING OF THE BOARD OF APPEAL HELD ON DECEMBER 19, 1979
Mr. Feeherry moved that variances be granted for the extension of the non-conforming use,
for a 7k foot front yard, and for a 15 foot rear yard, with future planting to be
done in the 7k foot front yard. Mrs. Nutting & LaBrecque seconded ROLL CALL TO
GRANT: Mr. Feeherry, Mr. LaBrecque, Mr. Nutting, Mr.. Boulger, Mr. Luzinski.
GRANTED BY UNANIMOUS ROLL CALL VOTE.
It was voted that the 1980-1981 Budget be submitted to the Mayor for $1,500.00 Salaries
and $963.00 for Expenses as submitted last year.
The members of the Board extending their thank to Mr. Nutting for the wonderful
service and time he has given to the Board of Appeals and wished his the best of
luck as a City Councillor. It was voted that a note of appreciation be sent.
On the motion of Mr. LaBrecque, seconded by Mr. Feeherry the meeting adjourned at
9:00 P.M.
Respectfully submitted,
Theresa I. Carr