1981-ZONING BOARD OF APPEALS 0 �
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MINUTES OF THE MEETING OF THE BOARD OF APPEAL HELD ON WEDNESDAY, JANUARY 21, 1981
The Members of the Board of Appeal met in open session on Wednesday, January 21,
1981 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 7, and January 14, 1981,
and notices were sent postpaid to abutters and others in accordance with Mass. General
Laws.
On roll call the following answered present: Douglas Hopper, Anthony Feeherry,
James Hacker and Associate member Edward Luzinski. On the motion of Mr. Feeherry,
seconded by Mr. Hopper the minutes of the December 17, 1980 meeting were accepted.
Chairman Hopper stated that all petitions would require a unanimous vote, since
there were only four members present, and anyone wishing to be postponed until the
February meeting could do so. Mr. Clayton Smith request that his petition for. a
variance on Pierce Road be postponed until next month. Mr. Luzinski moved that
the petition of Mr. Smith be heard in February, Mr. Feeherry seconded. Voted.
A letter was received from the ABS Insurance Agency, Inc. requesting per-
mission to withdraw their petition for a variance at 530 Loring Avenue, without
prejudice. Voted.
Young190 North Street -190 North Street - Panagoula An Young, Owner - James Cashman, d/b/a Bewitching
, Owner - James Cashman, d/b/a Bewitching
Ceramic Supplies, Inc. , Petitioner
The petitioner is requesting a variance for approximately 4,000 square feet
oif the building to use the premises for the puroose of selling ceramic supplies
and conducting classes in ceramics.
Atty. George Vallis, 1 Church Street represented the owner before the Board.
The owner has entered into a Lease Agreement with the petitioner to rent a portion
of the building for his business. There is a drug store already located in part
of this building. The premises had been used for the purpose of manufacturing
coffee since 1936 and said use had continued until 1973. The building is functional
only for commercial use and the proposed use is safe and quiet. He stated that
the owner had been before the Board a few months ago with a petition to use the
location for the storage of carpets. At that time the neighborhood objections were
because of the fact that there would be large delivery trucks double parking on
North Street, which is already a traffic problem to the neighborhood. Mr. Cashman
would conduct classes in the portion of the building on North street, the rest would
be used to make ceramics. There will be retail sales of ceramic greenware from
9: 30 A.M. to 4:00 P.M. . Classes would be held three nights a week, Monday, Tuesday,
and Wednesday from 6:00 P.M. to 9: 30 P.M. , Saturday. they would be open from 9:30 A.M.
to 1:00 P.M. Mr. Cashman' s present location has been sold, and he resides at 198
North Street, which makes this location ideal for him. He stated that there will
be 15 to 18 people in a class, and that usually the pupils come together. In the
summer the classes would only be held 1 night a week. There would be no exterior
changes in the building, the kilns would be electric, odorless and noiseless and '
measure 24" x 28". Mary Wilkins, tenant at 188 North Street appeared in opposition.
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MINUTES - JANUARY 21, 1981 - PAGE TWO
190 North Street (Continued)
Mrs. Wilkins complainted that there was no parking in the area, and it
is very noisy. Dorothy LaBorde, owner of 188 North Street appeared and spoke
in opposition. Stated that she received no written notice of the hearing.
Notices had been sent out by mail for 193'k North Street, the owner' s home address.
When this was discovered seventeen abutters not on the original list were
contacted by phone, of which Mrs. LaBorde was one. Mrs. LaBorde stated that
the building is used for dead storage and that is what it should remain.
REBUTTAL: Atty. Vallis stated that the fact that Mrs. LaBorde is present
showed that she did have notice. The petitioner does not have time to wait,
he cannot wait for another meeting. He stated the owner is running the structure
at a loss. The hardship is with the building. If it were ever used for
residential it would be more noisy. The ceramic classes will be held in that
portion of the building on toL-th:Etreet on the other side of lthe drug store from
Mrs. LaBorde' s house. The Saturday hours would be for sales only. Summertime they
• operate on a tri-day week, and the maximum number in a class will be 18. Hearing
closed.
DISCUSSION: Mr. Feeherry felt it would be impossible to come up with a less
offensive use, which also limited the number of people and the hours of operation.
Robert Gauthier, Building Inspector noted that the building dept. will need an
approved floor plan re. placement of kilns.
Mr. Feeherry moved that the variance be granted to use the building at 190
North Street, as shown on the plan submitted, for the sales and manufacture of
ceramics and conducting classes in ceramics with the following conditions: 1. The
hours of operation for the sales and manufacture be Monday thru Friday, 9: 30 A.M.
to 4:00 P.M. , Saturday - 9: 30 A.M. to 1:00 P.M. , no Sundays; 2. Classes be limited
to maximum of 18 pupils, and be held only on Monday, Tuesday, and Wednesday from
6:00 P.M. to 9:30 P.M. ; 3. Before the building is used the Building Inspector must
approve the floor plan and the Fire Marshal shall review the building for the
location, size, and type of kilns. Mr. Luzinski seconded the motion. ROLL CALL
IN FAVOR: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. Luzinski. GRANTED UNANIMOUSLY
165A Boston Street - Joseph A. & Irene Fazio
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Petitioners are requesting variances from the density requirements on Table II,
Section VI of the Zoning Ordinance re. lot area, coverage, front yard, side yard,
and rear yard, for the construction of an addition to the existing Boston St. Auto
Body garage. He stated that the Fazio's have operated a auto body shop at this
location for 16 years. The business fronts on Boston Street and the rear abuts
• Aborn Street. The Aborn Street end of the property is hot topped and is used
for parking cars. They are having problems with vandalism to the cars parked
on the property and wish to extend the building so that the cars will be under
a roof. It will be a cinderblock type of addition. Atty. Donaldson stated the
abutters are in favor of the variance and he submitted a letter from Jeffers Lumber,
164 Boston St, in favor. A letter was received from Fire Marshal Goggin re.
approval of his department before a building permit is issued. There was no
opposition. Hearing closed.
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MINUTES - JANUARY 21, 1981 - PAGE THREE
165 A Boston Street (Continued)
Mr. Feeherry moved that variances be granted from the rear yard requirements
of the Zoning Ordinance in regard to Aborn street, and from side yard and density
restrictions with the following conditions: 1. The new addition be used exclusively
for the storage of cars and not for the auto body shop; 2. The Faire Marshal' s
stamp of approval appear on all plans submitted for a building permit. Mr. Hacker
seconded the motion - ROLL CALL IN FAVOR - Mr. Feeherry, Mr. Hacker, Mr. Hopper,
Mr. Luzinski. GRANTED UNANIMOUSLY.
Senko
34 Prince Street - W. Gregory/ for the Salem Planning Department
Petitioners are requesting a Special Permit to locate a community based, non-
profit Community Development Corporation professional office in the building at
34 Prince Street which is in a R-3 District.
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• Mr. Gauthier, Building Inspector represented the Planning Department before
the Board. He stated that this space is now a vacant apartment and the UDAG
staff wish to use it for a temporary office. The UDAG program is to develop
the local people into becoming landloards of the rehabilitated low cost housing
in the area. Tom Joyce, Director of the local program explained the goals of
his agency, and stated they need this office for the administrative work involved.
Mary Collins, 4 Prince St. Place appeared in favor. Mr. Feeherry asked if it
would be a problem if the Special Permit were limited to 3 years. No. There
was no opposition. Hearing closed.
Mr. F.eeharry moved that the Board grant a Special Permit for the use of the
premises at 34 Prince Street as a non-profit community development office for a
period of three years from the date of the decision. If an extension is required
the petitioner may come back before the Board. Mr. Hacker seconded the motion.
ROLL CALL - IN FAVOR - Mr. Feeherry, Mr. Hacker, Mr. Hopper and Mr. Luzinski.
GRANTED UNANIMOUSLY.
13-15 Herbert Street - J & S Realty Trust
Petitioner is requesting a variance for the property to permit the premises to
be used as a commercial neighborhood parking area. Atty. John R. Serafini, Sr.
represented the petitioner before the Board. He stated that this parcel has been
a source of contention in the neighborhood. This is a new owner, Ken Brown ,who
has talked with the neighborhood to find out what-use it could be put. A three
family dwelling was purchased at the same time. He submitted a petition signed by
24 neighbors in favor of the petition. There will be no hourly or daily parking.
All spaces will be leased by the month. There will landscaping, and shrubs planted
on the sides and back of the lot.
Mr. Gauthier reminded the Board that any lot with more than 10 spaces must
have the approval of the City Engineer.
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13-15 Herbert Street (Continued)
There will be a total of 40 spaces, the spaces will be numbered and assigned
the lot will be posted and unauthorized vehicles will be towed. Mr. Brown
stated that there will be a fence around the lot with shrubs on the inside of the
fence. The fence will be chain link or solid, and limited to 4 feet in height.
Mr. Luzinski was concerned about the buffer zone, he did not think it was wide
enough.
Appearing in favor were Chester Kohn, prop. of a package store at the
corner of Herbert and Derby Streets. He stated Councillor George Nowak is
in favor of the plan. Also appearing in favor were Genevieve Tusinski, 9
Hodges Ct. , Mary Stickens, 4 Hodges Ct. , George Mello, 5 Hodges Ct. , S. Koza,
10 Herbert St. There was no opposition. Hearing closed.
DISCUSSION: Mr. .Feeherry asked about giving the owner the option of a
walk-through gate to.Hodggs..Ct.Mr. Hopper felt any plantings should be a solid
green area. Mr. Gauthier reminded the Board that bumpers would be required on
• the spaces.
Mr. Feeherry moved the variance be granted for a parking lot with a maximum
of 43 spaces, the layout to be worked out and approved by Mr. Gauthier the
Building Inspector, that there be a 4 foot buffer area around the perimeter of
the lot, the access to the lot be decided by the City Engineer, it be used exclusively
for monthly parkers, no daily or hourly parkers, that there be a four foot fence
on three sides (other than Herbert St.) , that there be a four foot buffer zone,
and the owner can erect a walk through gate on Hodges Ct. if he so desires.
Mr. Luzinski seconded the motion. ROLL CALL - IN FAVOR: Mr. Feeherry, Mr. Hacker,
Mr. Hopper and Mr. Luzinski. GRANTED UNANIMOUSLY.
Mr. Feeherry informed the Board that he will file an amended decision on
the Chalifour case, re property on North Street and the proposed stairs and 2nd
floor use.
Mr. Feeherry asked that a review of the proposed rules be put on the agenda
for February. The next meeting was scheduled for Wednesday, February 18, 1981.
The meeting adjourned at 8:40 P.M.
Respectfully submitted,
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MINUTES OF THE MEETING OF THE BOARD OF APPEAL HELD ON WEDNESDAY, FEBRUARY 18.1981
The Members of the Board of Appeal met in open session on Wednesday, February 18,
1981 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 February 4, and February 11, 1981,
and notices were sent postpaid to abutters and others in accordance with Mass General
Laws.
On roll call the following answered present: Douglas Hopper, Anthony Feeherry,
James Hacker, Joseph Piemonte and Arthur LaBrecque. On the motion of Mr. Feeherry,
seconded by Mr. LaBrecque the minutes of the January 21, 1981 meeting were accepted.
Lots B, C, D, & E Pierce Road - Clayton W. Smith
The petitioner is requesting a variance from the frontage requirement of 100
feet for the construction of a one family house. A letter was received from the
Planning Board in opposition to the petition. A letter was received from Fire
Marshal David Goggin stated the petition caused no problem for his department.
Atty. Barry Plunkett represented the petitioner before the Board. He submitted
a copy of the variance granted by the Board on December 17, 1980 in which the Board found
• that they could grant the variance because. it would not result in increased flood
hazard or additional threats to public safety or public expense, and that the land
would be valueless without the variance. He stated that the petitioner has agreed
to comply with all the conditions set by the Conservation Commission and the City
Engineer. He felt that there was a tremendous difference in this property and
the two remaining empty lots on Pierce Road, which are nearer to Loring Avenue
and the traffic problems of the area. Councillor John Nutting spoke in opposition
in behalf of the abutters. He stated that it would be opening up the other two
lots on Pierce Rd. and questioned would the City be libel for the paved driveways
installed by the owners. Mr. Richard Burke, 20 Buchanan Rd. asked where the frontage
would be. Mr. Smith explained that an abutter owns to the middle of the road.
Mr. Gauthier, Building Inspector stated that a public way is never sold. Atty. Plunkett
stated that this is not a public street, but a private way.
Mr. Feeherry stated that he had talked to City Solicitor Tinti and Mr. Brian
French of the Conservation Commission. He stated that the Board could require Mr.
Smith to pave a portion of Pierce Road in accordance with the requirements of the
City Engineer. Mr. Hopper asked if it could be required at at least his lot line.
Mr. Piemonte stated that he had voted against the petition the last: time, but his
argument was not supported by the Conservation Commission. Mr. Gauthier stated
that the City would have no responsibility for the maintenance of the road.
Atty. Plunkett stated that the two permit already approved, Conservation Commission,
and Board of Appeals had already dealt with the construction of a driveway. Mr.
Piemonte asked Mr. Smith what he was going to construct for a driveway--Ten foot,
swing around. Hearing closed.
• Mr. Feeherry moved that the variance be granted subject to the following conditions:
1. All prior conditions and terms be in effect except with regard to the construction
of the driveway; 2. Replacing the driveway, the petitioner be required to construct an
improved road from the terminating point of Pierce Road to the beginning of the
o Smith property line; 3. The petitioner be required to comply with the conditions
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MINUTES - FEBRUARY 18, 1981 - PAGE TWO
Clayton Smith (Continued)
set by all Boards; 4. The road constructed shall be maintained by the owner
of the property in question; 5. Public access to the road shall be maintained.
Mr. LaBrecque seconded the motion. ROLL CALL TO GRANT: Mr. Feeherry, Mr. Hacker,
Mr. Hopper, Mr. LaBrecque, Mr. Piemonte. GRANTED BY UNANIMOUS VOTE.
98 Essex Street - Charlotte S. Post
Petitioner is requesting a Special Permit to use the property at 98 Essex
Street as a Tourist Home. She is also requesting a variance from the parking
regulations.
Letters were received from the Planning Board, in opposition; the Historic
Commission, with recommendations ; and the Fire Marshal, acceptable.
Atty. Dwight Weir represented the petitioner before the Board. He submitted
a letter from Thomas and Dorothy O'Donnell, owners of 46 Washington Square,
the O'Donnell Funeral Home, in favor of the petition. He stated that the Chamber
• of Commerce feels that there is a need for this type of service in Salem. Ms.
Post has contacted the J & S Realty Trust, which has a large parking lot on
Herbert Street, relative to renting spaces on a yearly basis. She has no intention
of altering the outside or inside of the dwelling. She will rent 2 rooms on the
second floor and 2 rooms on the 3rd floor. Atty. Weir stated this property is
adjacent to the business district. There was no opposition. Hearing closed.
Mr. Feeherry moved that the Special Permit be granted as requested with the
following conditions: 1. The property remain a single family home with only
the right to four tourist rooms; 2. There be no changes to the facade without
prior approval of the Historic Commission; 3. There be no kitchen facilites
in any of the four tourist rooms; 4. The Special Permit be reviewed by the Board
three years from the effective date of the decision; and a variance be granted
from the parking requirements. Mr. LaBrecque seconded the motion— ROLL CALL
VOTING TO GRANT: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. LaBrecque, Mr. Piemonte.
GRANTED UNANIMOUSLY.
2-4 Daniels Street Ct. - Peter C. Conway
The Petitioner is requesting variance for the property which is in a R-2
District, to construct a three story, three unit addition which will abut the
present structure on the lot, and will require a use variance and variances from
the density regulations as they apply to the R-2 Zoning District.
Letters were received from the Planning Board - to deny; Councillor George
• Nowak - to deny; Historical Commission - to require revue; Fire Marshal - no fire
hazard.
Atty. Barry Berkal represented the petitioner before the Board. He stated
that the building will consist of three one bedroom units, to be rented to single
persons. Mr. Conway would occup the third floor. He stated that this is a unique
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MINUTES - FEBRUARY 18, 1981 - PAGE THREE
2-4 Daniels St. Ct. (Continued)
situation. There originally was another building on the land, which was torn
down 10 or 12 years ago. The shed on the property will be torn down. Mr. Conway
has made provision for 9 parking spaces. He stated that the peculiar shape of
the property creates a hardship, the new construction will cost $100,000.00 and
therefore would be an improvement. to .the area. He felt that any requirements
of the Historic Commission could be satisfied. Mr. Charles Sheldone, 4 Daniels
St. Ct. , and Julie Tache owner of 5 Daniels St. Ct. appeared in favor. Appearing
in opposition were Alex Wodarski, 39 Daniels St. , Robert Shapiro, 1 Daniels St.
Ct. , Edward Luzinski, 25 Hardy Street, and Stanley Horeczy, 45 Daniels St.
REBUTTAL - Mr. Conway stated that he has owned the building for 3'k years and
has no intention of selling it.;. only his three tenants have permission to park
in his parking spaces, it realty isn' t that big addition, 1,750 sq. feet per
floor.
Mr. Piemonte if there would be any changes to the existing 3 story building.
Cosmetic changes to exterior, overhang would be taken off. Hearing closed.
• DISCUSSION - Mr. Hopper did not feel that there was a hardship, and the lot was
too small for more construction. Mr. Feeherry felt 6 units would be too dense
for the area. Mr. Piemonte felt it would be a detriment to the neighborhood.
Mr. Hopper felt that the open space should be maintained. Mr. Feeherry felt
that Mr. Conway was a fine landlord, but he could decide to sell the property
in the future.
Mr. Berkal requested that he be allowed to withdraw the petition without
prejudice, for a different submittal at a later time. Mr. Piemonte, seconded
by Mr. Feeherry moved to allow the petitioner to withdraw without prejudice.
ROLL CALL - FOR WITHDRAWAL: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. LaBrecque,
Mr. Piemonte. WITHDRAWAL GRANTED
73 North Street - O'Rourke Bros. , Inc.
Petitioner is requesting a variance to divide the property at 73 North Street
(Industrial District) into two lots, Lot A to contain approximately 10,789 square
feet and Lot B to contain approximately 43,351 square feet.
Mr. Walter O'Neil, President of O'Rourke Bros. - presented the case before
the Board. He stated that the business has been there since 1890. He stated he
is selling the business ,with 10,789 sq. feet of the land. The rest of the property
would be useless without this variance. There was no opposition. Hearing closed.
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MINUTES - FEBRUARY 18, 1981 - PAGE FOUR
73 North Street (Continued)
Mr. Feeherry moved that a variance be granted to allow the division of the
land into two parcels as described in the petition. Mr. LaBrecque seconded.
ROLL CALL - TO GRANT: Mr. Feeherry, Mr. Hacker, Mr. 'Hopper, Mr. Labrecque, Mr.
Piemonte. GRANTED UNANIMOUSLY.
The matter of accepting the Rules and Regulations of the Board as submitted
by Mr. Feeherry was taken up. Mr. Feeherry moved that the following sentence be
added to Article IV-Section 2. Withdrawal---"In the event that any petitioner
chooses to withdraw a petition after it has been advertised, for any reason, he
shall be required to pay all expenses relating to re-publishing of notices."
Rules and Regulations, as amended, adopted by the Board.
The meetings for March were scheduled for March 11, and March 18, 1981.
• The meeting adjourned at 8:45 P.M.
Respectfully submitted,
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MINUTES OF THE MEETING OF THE BOARD OF APPEAL HELD ON WEDNESDAY, MARCH 11, 1981
The Members of the Board of Appeal met in open session of Wednesday, March 11,
1981 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 February 25 and March 4, 1981, and
notices were sent postpaid to abutters and others in accordance with Mass General
Laws.
On roll call the following answered present: Douglas Hopper, Anthony Feeherry,
James Hacker, Joseph Piemonte, Arthur LaBrecque and Associate Member Edward Luzinski.
On the motion of Mr. Feeherry, seconded by Mr. Piemonte the minutes of the February
18th meeting were accepted.
Belleview Ave. & Belair Street - John & Anthe Fillos, Owners - Pamela Fillos, Petitioner
Petitioner was requesting a variance to divide a parcel of land containing approx.
12,850 square feet into two parcels, one to contain approx. 7,500 square feet and the
second to contain approximately 5,400 square feet for the purpose of constructing a
single family home. A letter was read into the record from Atty. George Vallis
requesting permission to withdraw the petition without prejudice. On the motion of
Mr. Piemonte, seconded by Mr. Hopper, permission to withdraw without prejudice was
granted by hand vote of the Board,
Washington Street, Bridge Street and North Walkway - Salem Redevelopment Authority &
Stern Tise Salem Group, Inc.
The petitioner is requesting a variance from the density requirements as to the
minimum side yard with on the southerly side of the parcel. The variance is necessary
for the construction of 10 condominium units and a parking area sufficient for 13
vehicles.
Atty. George Vallis, 1 Church St. , Salem represented the SRA and the petitioners
before the Board. He stated that the parcel is to be sold to Stern-Tise. In March, 1980
a variance was granted for the adjacent lot. He stated that the proposed building will
be 26 feet from the other building even with the zero set back requested in this petition.
He stated that this parcel is RC-2B as shown on a plan filed with the petition dated
February, 1981. He stated that the dotted lines on the plan was the original property
line. Mr. Chris Olney, Project Administrator for the SRA spoke in favor of the petition,
and submitted a letter in favor from Mrs. Joan M. Boudreau, Chairman of the SRA.
Jan Robins, 7 Ash Street asked if they were moving or changing the building, she
was concerned about the loss of open areas. She stated there already was a parking problem
with the existing buildings. Ash Street is posted no parking either side, but tonight
when she left the house there were 4 cars parking. There are cars constantly parking
in front of her driveway. Mr. Gauthier, Building Inspector explained that there will be
• more parking for the building going up. Mr. Feeherry asked if landscaping should be
included in this variance as it was in the previously granted one. Mr. Olney stated
that the SRA has already scheduled street improvement for that corner. Mr. Vallis
noted that before construction of Phase I, the SRA had received a proposal from Mondev
Corp, to construct 48 units on this site, this one is quite a reduction as it only
contains 10. Mr. Olney stated he has received a letter from the Salem Park Department
stating that they will take over maintenance of the walkways.
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PAGE TWO - MINUTES - MARCH 11, 1981
Stern-Tise (Continued)
Hearing closed. M�aryaafir@rM stated that due to the peculiar shape of the property,
he moves that the/granted from side yard set back requirements (southerly side)
as shown on the plan submitted, to zero. Mr. LaBrecque seconded. ROLL CALL -
VOTING YES - Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. LaBrecque, Mr. Piemonte.
VARIANCE UNANIMOUSLY GRANTED,
Washington Street, Federal Street & North Walkway - Stern Tise Salem Group, Inc.
Petitioners are requesting a modification of a previously granted variance
relating to rear yard setbacks. The variance previously granted contained the
following language: "A variance is granted from the 30 foot minimum rear yard
requirement for no more than 2 of the residential units may encroach into the rear
yard area to within 16 feet of the rear property line". It is requested that that
language be striken and that the following paragraph be substituted in its place,
!'The variance is granted from the 30 foot minimum rear yard requirement for no more
• than 10 residential units which may encroach into the rear yard area to within 16
feet of the rear property line':'.
Mr. Vallis stated that the petitioner had originally met the requirement of 16
feet, it is now changed to 20 feet . There was no opposition. Hearing closed.
Mr. Feeherry made the following motion - That the variance be granted subject to the
fact that the previous variance be in full force and effect except substituting
"no more than to 26 feet provided however that the two entrances to those to residential
units may encroach to within 20 feet of the rear property line." Mr. Hacker seconded
the motion. ROLL CALL - VOTING YES - Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. La
Brecque, Mr. Piemonte. UNANIMOUSLY VOTED.
Norman St, & Barton Square - Map 35, Lot 11 - Heirs of John Deery, Owner
Gerald Baizen, Petitioner
Petitioner is requesting variances to construct 86 residential condominium units
and 4,000 square feet of new commercial condominiums, together with 130 underground
parking spaces.
Atty. George Vallis represented the petitioner before the Board. He stated that
since filing the petition, the residential units have been reduced to 72 and the
commercial units, which will be on the first floor on Norman Street have been increased
to 6,000 square feet.He stated that the B-3 District specifically excludes residential
use, but the property does fall within the Heritage Plaza West area in which residential
use is permitted. He stated that the project meets the other requirements of the
zoning ordinance in regard to height and parking. Mr. Feeherry asked if they were
. requesting a use variance without any specifics.
Mr. Olney of SRA spoke in favor. He stated that the final plan will require
approval from the SRA-DRB. Bob Getchell, 43 Turner Street spoke in favor of the
petition, David Buell, Trustee of the Joshua Ward House represented all the Trustees
and spoke in favor of the petition. Staley McDermott, Architect of Dearborn St.
spoke in opposition. He stated he was concerned about the density - 72 dwelling units
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PAGE THREE - MINUTES - MARCH 11, 1981
Gerald Baizen (Continued)
on 56,700 square feet equals 1 dwelling unit per 800 square .feet. He was also
concerned about the height of the buildings, in relation to the telephone building
and the Joshua Ward House. Mr. Baizen stated the telephone building is 49.5 feet, this
project 46 feet and the post office is quite a bit higher. Mr. McDermott. stated the height
has been been changed since the original plan and that now his only concern is the
density. Mr. Feeherry noted, that there is no table for residential density in a B-3
District because it is not a permitted use. Lee Shatswell, 24 Andrews Street expressed
concern about the height and open areas for walkways through. He also questioned
what commercial use the petitioner proposed. Hearing closed. Mr. Vallis felt that
the Board could grant the petition subject to approval of SRA. He stated Mr. Baizen
must get a certificate of compliance from the SRA before he can sell the units.
Mr. Gauthier stated that the developer cannot get a building permit until the SRA
approves the final plan. Mr. Feeherry stated that the variances could be conditioned-
the residential units be no larger than 2 bedroom units. Mr. Vallis stated the
permitted uses for the commercial area are set forth in the SRA rules.
Mr. Feeherry moved the variances be granted subject to the following conditions:
• 1. Use variance - for no more than 72 residential units, no larger than two bedroom;
2. Maintain no less that 112 parking spaces on the site; 3. There be no more
than 6,000 square feet of net leaseable commercial space; 4. The commercial and office
space be limited to the lst floor of the construction on Norman Street; 5. That the
variances, in all regards, are subject to the conditions set and final approval of
plans by the SRA. Mr. Piemonte seconded. ROLL CALL TO GRANT- VOTING YES: Mr. Feeherry,
Mr. Hacker, Mr. Hopper, Mr. Piemonte and Mr. Luzinski, who was elected a voting member
by the Chairman. UNANIMOUSLY GRANTED.
181 North Street - Crowninshield Corporation
Petitioner is requesting variances necessary to convert the property, an abandoned
school, into 25 condominium units. Variances are necessary for multi-family use and
from density requirements with regard to lot area per dwelling and building height.
Atty. Kenneth Lindauer represented the petitioner before the Board. He stated the
property has been abandoned by the City. A small portion of it will be deeded to
abutters Mr. & Mrs. Dubiel. There will be 39 parking spaces. The Master Plan has
proposed this building be converted to housing. There will be a parcel of the land
maintained for public use. The units to be constructed will be 1 and 2 bedroom only.
The Planning Department has approved the design and the Design Review Board will
further review the final plan. The historic monument on the site will be maintained.
Andrew Ennis of the Salem Planning Dept. and Robert Scagliotti, the Architect both
spoke in favor. John Durkin, 12 Symonds Street appeared in favor. Susan Darcy, 12
Northend Ave. had questions relative to landscaping and fencing in the rear. There
• was no opposition. Hearing closed.
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PAGE FOUR - MINUTES - MARCH 11, 1981,
Crowninshield Corporation (Continued)
Mr. Feeherry moved to grant the requested variances from height and density,
and the use variance for 25 condominium units, on the condition that none of the
units be larger than 2 bedroom and subject to further review by the Design Review
Board relative to 1. Replacement of fence in rear; 2. Landscaping; 3. Appropriate
provision for refuse collection from the site, all to be non-detrimental to the
neighborhood, Mr. Luzinski seconded the motion. ROLL CALL - TO GRANT - YES -
Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. Piemonte and Mr. Luzinski. UNANIMOUSLY
GRANTED.
The April meeting of the Board was scheduled for April 22nd at 7:00 P.M.
• The meeting adjourned at 9:00 P.M.
Respectfully submitted,
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MINUTES OF THE MEETING OF THE BOARD OF APPEAL HELD ON WEDNESDAY, MARCH 18, 1981
The Members of the Board of Appeal met 'in open session on Wednesday, March 78',
1981 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 March 4 and 11, 1981, and notices
were sent postpaid to abutters and others in accordance with Mass General Laws.
On roll call the following answered present: Douglas Hopper, Joseph Piemonte,
James Hacker, and Edward Luzinski. Mr. Luzinski was appointed a voting member
for this meeting by Chairman Hopper. Mr. Hopper noted 4 member board requires
unanimous vote.
5 Ravens. Avenue - Gilbert F. Gillespie
The petitioner wishes to construct a carport which would be attached to
the front of the house and would extend into the required front and side yard
minimum requirements. Atty. Richard Johnson, Atty. for the Gillespies,
requested permission to withdraw the petition without prejudice. On the motion
of Mr. Piemonte, seconded by Mr. Hacker, permission to withdraw without prejudice
voted.
• 7 Churchill Street - Frederick Mattei
The petitioner is requesting variances from side yard and rear yard regulations
in order to construct an addition approximately 24 feet by 25 feet, which would
extend the existing 5 foot side yard and leave a rear yard of twenty feet.
Atty. Walter Costello, 2 Salem Green represented the petitioner before the
Board. He submitted a petition from 10 abutters in favor of the addition. He
stated the dwelling in question is very small, the petitioner is contemplating
marriage and this addition will make the house habitable for a family. He has
lived there 4 years and will continue to live there. The house presently has
a shower in one room and toilet facilities in another. Mr. Costello stated
this addition will enhance the neighborhood, and is not contrary to the intent
of the zoning ordinance. The extension will be along the present house line.
There was no opposition. Hearing closed.
Mr. Piemonte moved to grant the variances as it does not deter from the
public good, or cause a problem for the community. He stated there is a hardship
due to the size of the house. Mr. Hacker seconded the motion. ROLL CALL VOTE
TO GRANT - VOTING YES: Mr. Hacker, Mr. Hopper, Mr. Piemonte and Mr. Luzinski:
UNANIMOUSLY GRANTED
4 Looney Avenue - Robert Fouhey
Petitioner is requesting a variance from rear yard regulations of 30 feet
' in order to construct a porch eight feet by eighteen feet. The rear yard would
then run from 23 feet to 27 feet.
The petitioner represented himself before the Board. He stated that they
had to take down a porch to enlarge their kitchen, and that now they would like
to rebuild the porch. He stated the porch would provide an entrance to the
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MINUTES - PAGE TWO - MARCH 18, 1981
4 Looney Avenue (Continued)
house on the same side as the driveway. There was no opposition. Hearing closed.
Mr. Hopper noted there would be no hardship to the neighborhood. Mr. Piemonte
moved to grant the variance as requested. Mr. Hopper seconded. ROLL CALL TO
T
GRAN - VOTING YES: Mr. Hacker, Mr. Hopper, Mr. Piemonte and Mr. Luzinski.
GRANTED BY UNANIMOUS VOTE.
Lot 4179 on Ocean Ave. & Brooks St. & Lot #187 on Brooks Street - Lionel R. Pelletier
Petitioner wishes to combine the lots which will be a total of 24,750 square
feet and then divide the parcel into five lots, four of which will contain 4,500
square feet and 50 feet of frontage, the fifth lot fronting on Ocean Avenue to
contain 6,750 square feet with 75 foot frontage.
Mr. Hopper explained to Mrs. Pelletier that the petition would require a
unanimous vote of the 4 members present, and that she could withdraw if she
preferred to hear the case before a 5 member board. Mrs. Pelletier requested
• permission to withdraw without prejudice. Mr. Hacker moved leave to withdraw,
Mr. Piemonte seconded. ROLL CALL - WITHDRAW WITHOUT PREJUDICE: Mr. Hacker,
Mr. Hopper, Mr. Piemonte Mr. Luzinski. VOTED
Lot #43 Map 8 Assessors Maps - Crosby Street - Richard F. & Anne M. St. Pierre
Petitioners wish to divide the lot which contains. approximately 22,819 square
feet into two lots, one containing 11,850 square feet and the other containing
10,969 square feet, both lots having frontage of 75 feet.
Mr. St. Pierre represented himself before the Board. He stated that the
property in question is shown on a Griswald Plan as 3- 50 foot lots. The lots were
purchased in 1965 and 3 homes could have been built at the time. He stated that
he will build one house for himself and probably sell the other house to some
member of the family. Mr. Richard Deschamps, Trustee of the Messina Trust,
owners of Lot 44 and 10 acres of land behind the petitioner' s property appeared
in favor. There was no opposition. Hearing closed.
Mr. Luzinski questioned - if the Board would be setting a precedent. Mr. Gauthier,
stated that most towns and cities are having this problem and Salem may go for re-
zoning so these people will not have to come to the Appeal board. Mr. Piemonte
felt each case should be weighted on the individual conditions. He felt this was
a modest request and not a detriment to the community. There would be no hardship
to the neighbors. He felt the hardship was on the owner and the conditions on
which the property was purchased in 1965. Mr. Gauthier noted that these owners are
now being assessed for sewer costs, whether house have been built on the lots or not.
Mr. Piemonte 'moved the variance be granted in that it is no detriment to the
public good. Mr. Luzinski seconded. ROLL CALL TO GRANT - VOTING YES: Mr. Hopper,
Mr. Hacker, Mr. Piemonte and Mr. Luzinski. UNANIMOUSLY GRANTED
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MINUTES - PAGE THREE - MARCH 18, 1981
151 Bridge Street - Julianne Kallas (R-2 District)
Petitioner is requesting a Special Permit for the property to change the
third floor of the existing two-family house into a third apartment. Atty. John
R. Serafini represented the petitioner before the Board. He stated that there
already are seperate entrances and exits to the third floor, and that there is
sufficient parking. Ms. Kallas had a grant from the Salem Planning Department
to removate the property and they are in favor of the petition. She resides in the
house and needs the income the 3rd apartment would provide to maintain the house.
He stated the petition does not derogate from the intent of the Zoning Ordinance,
and a hardship need not be shown when requesting a Special Permit. Mr. Hopper
'asked if the 3rd floor would be done according to the drawings submitted. Yes.
Mr. George Baltoumas, 18 Mall Street appeared in favor. There was no opposition.
Hearing closed. Mr. Hacker moved to grant the Special Permit as it does not derogate
from the intent of the Zoning Ordinance. Mr. Luzinski seconded. ROLL CALL TO
GRANT - VOTING YES: Mr. Hacker, Mr. Hopper, Mr. Piemonte Mr. Luzinski. GRANTED
• UNANIMOUSLY.
The meeting adjourned at 8:05 P.M. Next meeting April 22, 1981 at 7:00 P.M.
Respectfully submitted,
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MINUTES OF THE MEETING OF THE BOARD OF APPEAL HELD ON WEDNESDAY, APRIL 22, 1981
The Members of the Board of Appeal met in open session of Wednesday, April 22,
1981 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 8 and April 15, 1981, and
notices were sent postpaid to abutters and others in accordance with Mass. General
Laws.
On roll call the following answered present: Douglas Hopper, Chairman, Joseph
Piemonte, Anthony Feeherry and Arthur LaBrecque. Mr. Hopper informed the petitioners
present that a four man Board requires a ummous vote, and they have the right to
withdraw and re-schedule for another meeting.
473-475-477-479-481 Highland Avenue - Rent-All-Automotive
Petitioners are requesting a Special Permit to use the property for the sale,
service, and rental of trailers and motor vehicles. Atty. Loring Fluke represented the
petitioners before the Board. He stated that Rent-All Inc. has been at this location
for approximately 12 years, for the rental of personal property. Rent-All-Automotive
is a new corporation which would sell and service as well as rent used cars.- There
would be a maximum of 6 cars on the lot. They presently rent trailers. There was no
opposition. Hearing closed.
The Board discussed the problems of this area of Highland Ave. - traffic - un-
attractive building etc. Mr. Feeherry moved the petition be denied because of the
fact that it would not enhance the public health or welfare, contribute to the existing
traffic problems, and increase clutter'in the area. Mr. Piemonte seconded the motion.
VOTING TO DENY: Mr. Feeherry, Mr. Hopper, Mr. LaBrecque, Mr. Piemonte. UNANIMOUSLY
DENIED.
10 Gardner Street - Terrance B. Neylon
Petitioner is requesting a Special Permit to add a third apartment to the existing
two-family dwelling. A letter was received from the Planning Board questioning the
availability of parking on the site. A letter was received from the Fire Marshal
re. the installation of smoke detectors. Mr. Neylon represented himself before the
Board. He stated that this is a large house which is a financial burden to keep well
maintained. He stated that the third floor is already partially finished, and that
there are four parking spaces. Mr. Fernand Rioux, 8k Gardner Street appeared in
favor. There was no opposition. Hearing closed. Mr. Feeherry moved the Special
Permit be granted with the following conditions: 1. All requests of the Fire Marshal be
complied with; 2. At least 5 parking spaces be maintained; 3. The Special Permit is
conditioned on the ownership and occupancy by Mr. Terrance and Mrs. Judith Neylon;
4. There be no changes in the exterior of the building. Mr. LaBrecque seconded the
motion. ROLL CALL TO GRANT: Mr. Feeherry, Mr. Hopper, Mr. LaBrecque, Mr. Piemonte.
GRANTED BY UNANIMOUS VOTE.
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APRIL 22, 1981 - MINUTES - PAGE TWO
10-12 Crombie Street - Landmark Realty Trust, David F. Jaquith, Trustee
Petitioners are requesting a variance for the construction of two residential
units. A letter in favor .was received from the Salem Redevelopment Authority.
David Jaquith presented the petition before the Board. He stated this is excess
city land and they have lived up to the agreement with the city to deed a 15 foot
easement to the abutter on the right of the property. They wish to construct two
townhouse units, which has the approval of the Design Review Board. There was no
opposition. Hearing closed. Mr. Feeherry moved that such variances as are required
for said use and construction be granted subject the following conditions: 1. There
be only two residential units; 2. Include and maintain 4 parking spaces; 3. Have all
necessary approvals from the SRA and DRB. Mr. LaBrecque seconded the motion. VOTING
TO GRANT: Mr. Feeherry, Mr. Hopper, Mr. LaBrecque and Mr. Piemonte. UNANIMOUSLY
GRANTED.
20 Perkins Street - Kenneth Nadeau
Petitioner is requesting a variance to construct a shed approximately 12 feet
by 10 feet adjacent to the rear property line and 12 inches from the side property
line. A letter was received from Ralph M. Nicosia-Rusin, Director of the Point
Neighborhood Improvement Program, in favor of the petition. Mr. Nadeau represented
himself before the Board. He stated he needs the shed to store belongings so that
they will not be stolen. He stores storm windows, a motorcycle, tools and stock on
the premises. The shed will be built of concrete block. In favor were Gerry Nadeau,
20 Perkins St. , Mike Dailey, 20 Perkins St. , John Drago, 20 Perkins Street. Appearing
for Mrs. Theresa Bedard, 26 Perkins Street was Attorney Henry Porter. He stated that
Mrs. Bedard was concerned as to what would be stored in the shed as it was only 12
inches from her bedroom window. Mr. Nadeau stated that only one motorcycle would be
stored in the shed, his own Harley-Davidson. Hearing closed. Mr. Feeherry moved
that a variance to complete the shed be granted, on the condition that the structure
is used for storing personal property including not more than one motorcycle.
Mr. Piemonte seconded the motion. ROLL CALL TO GRANT: Mr. Feeherry, Mr. Hopper,
Mr. LaBrecque, Mr. Piemonte. UNANIMOUSLY GRANTED.
18 Brown Street - Andrew T. Hingson
Petitioner is requesting a Special Permit to use the property as professional
office space in conjunction with residential units. Atty. Abrams represented the
petitoner before the Board. He stated that Mr. Hingson will bring back the victorian
nature of the structure. He wishes to have two professional office and 2 residential
units in the building. There are 19 parking spaces. There will be no changes to
the exterior of the building. The hgih ceiling, ornate plasterwork and' marble
fireplaces do not lend themselves to residential uses. Rev. Macey of St. Peters
Church appeared together with Mr. Phipps, relative to the maintenance of the parking
spaces for the building. There was no opposition. Hearing closed. Mr. Feeherry
moved the petition be granted subject to the following conditions;' 1. The first and
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APRIL 22. 1981 - MINUTES - PAGE THREE
seond floors be used for professions offices; 2. The lower level and 3rd floor
be used for one residential unit each; 3. 19 Parking spaces be maintained at the site;
4. There be no modification to exterior of the building beyond those shown on
the plans submitted; 5. Any subsequent facade alteration must be approved by the
Salem Historical Commission; 6. All work must be approved by the Salem Fire Marshal.
Mr. LaBrecque seconded the motion. ROLL CALL TO GRANT: Mr. Feeherry, Mr. Hopper,
Mr. LaBrecque, Mr. Piemonte. GRANTED UNANIMOUSLY.
23 Glendale Street - Frederick J. Atkins
The petitioner is requesting a Special Permit to use the property as offices
associated with the business known as Fred J. Dion Yacht Yard, Inc. Atty. George
Atkins presented the petition to the Board. He stated that the business is operated
by Fred Atkins, a grandson of Mr. Dion. The offices for the business were in the
trailer on the property, but Mr. Atkins wishes to remove the trailer as it is now
too small 'for the business. The house has always been used in relation to the
business and there will be no structural changes. Parking will be enhanced by the
removal of the trailer. There was no objection. Hearing closed. Mr. Feeherry
moved the Special Permit be granted subject to the following conditions: 1. The
property be used as offices associated with the Fred J. Dion Yacht Yard, Inc. ;
2. The trailer on the site be removed; 3. The use be in accordance with any restrict-
ions imposed by the Fire Marshal. Mr. Piemonte seconded the motion. ROLL CALL TO
GRANT: Mr. Feeherry, Mr. Hopper, Mr. LaBrecque, Mr. Piemonte. UNANIMOUSLY GRANTED.
The next meeting will be held on Wednesday, May 27, 1981 at 7: 00 P.M.
The meeting adjourned at 8:40 P.M.
Gratefully submitted, /�