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1982-ZONING BOARD OF APPEALS r .00Yp„A,� a fgi#g of 4alem' f ttssadjusetts Pourb of �ppt l �iOiuue� MINUTES OF THE MEETING OF THE BOARD OF APPEAL ON WEDNESDAY, JANUARY 20, 1982 The Members of the Board of Appeal met in open session on Wednesday, January 20, 1982 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 6, 13, 1982, and notices were sent postpaid 'to abutters and others in accordance with Mass. General Laws. On roll call the following members answered present: Douglas Hopper, Chairman, Anthony Feeherry, James Hacker, Arthur Labrecque, and Joseph Piemonte. On the motion of Mr. Piemonte, seconded by Mr. LaBrecque, the minutes of August 19, September 9, September 23, October 14, October 21,. and November 18, 1981 meetings were accepted. Winter Island - Peter Haywood — Continuance.. Petitioner is requesting a Special Permit to use a portion of a parcel of land on Winter Island as a boat yard. Mr: Feeherry inquired about the lease to use the property. Atty. Lundregen stated. that the lease was accepted by the City Council and the Mayor and now must Cby approved by the City Solicitor. He stated that Plummer Home was told of the proposal and asked to attend the Winter Island Commission meetings. He stated that no one attended from the Plummer- Home. Atty. Lundregen stated that the petitioner would take the hanger and repair it so as it may be used to store and repair boats summer and winter as defined in their lease: Mr. Piemonte inquired abbut all the other leases. He wanted to know if they would all be coming in one by one. Atty. Lundregen stated that -the Winter Island Commission approved the other leases on Monday. He asked that the Board grant the Special Permit based on the condition that the lease is executed between the petitioner and the City. Mr. Hacker asked why the lease has not been signed. Arty. Lundregen stated that the City Solicitor still has to go. over the lease due.-;to some changes over the financial aspects based on 5 years. Mr. Hobbs stated that he researched at the Registry of Deeds in which he found that the Army still has control but gave the City the right to use the property as a public park. He stated that the Winter Island Commission would like to getenough money to keep the island in tact. Mr. Feeherry stated that it would enhance the security on the island. He asked if this wouldstop the public from using the island. Mr. Hobbs said no. Mr. Feeherry moved that the Board grant the Special Permit on the following conditions: Contigence on the lease between the City and the petitioner ; no lease,permit a nullity; and must comply with all of the fire codes. Mr. Piemonte seconded the motion. VOTING TO GRANT: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. LaBrecque, and Mr. Piemonte. GRANTED UNANIMOUSLY. • £„'Co. J e 01i#g of saterit, 'Mttssurfrasetts ,'qj0/41NB W� � PaNrY of �M�IiW MINUTES - JANUARY 20, 1982 - PAGE TWO 11 1 Turner Street - Vincent Pepi `/ Petitioner is requesting a Special Permit to convert the existing three- family house into condominium units. Mr. Pepi represented .himself before the Board. He stated that he had four parking spaces on the premises. He stated that he did not intend to do any interior or exterior work since he had just completed renovations. Mr. Pepi ,asked that the Board waive the six month waiting periodllsince it was his apartment. He also stated that there were students in the other two apartments who were graduating and intending on moving out. Mr. Hacker inquired as to the saling price. Mr. Pepi stated that the saling price would be about $49,900. The Board was concerned with the parking situation. Mr. Feeherry stated that at Central Plaza ther was insufficient parking. He stated that the parking may be eleviated since there may be a change from students to families with less cars. There was a letter from a neighbor, Mr. Obremski, stating that he was in favor of the condominium conversion and that this would help to eleviate the parking situation. • Mr. Feeherry moved that the Board grant the Special Hermit to convert the existing three-family dwelling into three condominium units :since the it would benefit the parking situation and there would be 3 owner occuppied units. He also moved that the six month wait be waived for the first floor unit but not for the second and third units. He also moved that the. conversion take place according to plan-with the four parking spaces. Mr. 'LaBrecque seconded the motion. VOTING TO GRANT: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. LaBrecque, and Mr. Piemonte. GRANTED UNANIMOUSLY. 9 Colby Street - Richard Conway & Charles Brennan Petitioner is requesting a Special Permit to add a second story to the existing non-conforming medical office building. Atty. Segal represented' the petitioner before 'the Board. He stated that the City Engineer' s plan A does not show siding and curbing. He stated that Mr. Fletcher approved plan B. He stated that Mr. Fletcher suggested a water directed plan in which the City will build a catch basin across the street and tunner under Mr. Sullivan's land. He objected to plan B with the sidewalks since they would be a hazard. The curbing would be jutting out into the street. Mr. Hopper felt that the Board should go with the City Engineer's request. Mr. Feeherry stated that he was sympathetic wit the petitioner due to the large cost of installing a sidewalk but since this is a Special Permit the Board has to go along with the City Engineer. \ Mr. Feeherry moved that the Board grant the Special Permit upon the :following • 1 conditions: maintain 71 parking spaces and construction to follow Plan .B as si:.gned and endorsed by the City Engineer as it applies to the parcel in question. VOTING TO GRANT: Mr. Feeherry, Mr. Hopper, Mr. UaBrecque and Mr. Piemonte. Mr. Hacker voted to deny the request. GRANTED 4 to 1. s e �U Tt J of "Mem, ,fflassadjusetts •1 Poxrb of Atettl °�wuMa MINUTES JANUARY 20, 1982 - PAGE THREE 394 Essex Street - Lawrence Channing ✓/ Petitioner is requesting a Special Permittoconvert the-existing dwelling into ,four condominium units. A letter was received from the Fire Marshall stating that the property is still not in compliance with the smoke detedtors.code. Atty. John Serafini Jr. represented the petitioner before the Board. He stated that there were no alterations to be performed. He stated that the 'building is split into four separate apartments. He stated that all the tenants were notified and there was a letter submitted stating that they had no objections. Atty. Serafini stated that there was adequate parking of six spaces. Mr. Feeherry stated that there would be a minimum wasit of six months. He stated that if the building was vacant when it was filed then..-. can waive six months but the Board has to be concerned with the tenants. Atty. Serafini stated that two of the units are rented by flight attendants who are used to moving around. Mr. Piemonte stated that the Board has to protect the tenants. Mr. Hopper agreed with Mr. Piemonte. Mr. ChanAing stated that he would not raise the rent and he would offer the tenants the condo at a discount. • Mr. Feeherry moved that the Board grant the Special Permit to convert the existing four family- dwelling into four condominium units -upon the following conditions: six parking spaces be maintained; not activity for six months since tenants are still there; compliance with fire safety codes; and no increase in the existing rental structure. Mr. LaBrecque seconded the motion. VOTING TO GRANT: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. LaBrecque, and Mr. Piemonte. GRANTED UNANIMOUSLY. 40 Summer Street - David & Lou Chisholm Petitioner is requesting a Special Permit to convert the existing dwelling into 2 condominium units. A letter was received for the Fire Marshall stating that the property is still nat in compliance with the smoke detectors code. Atty. George Vallis represented the petitioner before the Board. He stated that the home is lovely, historic and well maintained. He also stated that it is well-suited for a condominium conversion since there are separate entrances and exits. Atty. Vallis stated that one side is owner occuppied and the-:other side is rented. He stated that the tenants will be allowed to stay at least until September. Mr. Feeherry asked whether there rent will be increased. Atty. Vallis stated that there would be no rent increase. Mr. Hacker asked if an offer had been made to the tenants. Atty. Vallis stated that at one time the Aldxanders wanted to buy the condo. Mr. Alexander stated that he was not for or against. He stated that he had initiated the condo situation. He stated that he had hired a lawyer to discuss he intent to buy. He stated that he was concerned with the following: •) allowed to stay unit September 1, 1982 at current rent; construction not start until after gone; and privacy - no realtors except :by appointment. Atty. Vallis stated that there would be no construction on that unit. Atty. Vallis stated that the tenants have right of first refusal during six monthes. O�M"ONN,,�� 4 (14ty of Salem, CmttssadjusP##s Pnxrb of �kppex1 MINUTES - JANUARY 20, 1982 - PAGE FOUR - Mr. Feeherry moved that the Board grant the Special Permit upon the following conditions: 2 condo units; no action prior to September 1, 1982; no rent increase for current rent of $450/month; no construction in tenant's apartment; show apartment by appointment and a certificate of Occupancy be giving by the Building Depatment before conversion completed. Mr. Piemonte seconded the motion. VOTING TO GRANT: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. LaBrecque, and Mr. Piemonte. GRANTED UNANIMOUSLY. Mr. Hopper appointed Mr. Martineau a voting member. 301 Lafayette Street - Robert Bowes, Sr. et a) Petitioner is requesting a variance to allow the use of the first floor of the structure as law offices and the remaining two floors remain residentail units and a variance for the parking. A letter was received for the Fire ". Marshall stating that the property is still not in compliance with the smoke detector code. George Atkins represented the petitioners before the Board. He stated that they wanted to use the first floor as offices. _He stated that it does not • derogate, from the neighborhood since there are blocks with various types of offices and businesses. He stated that it was an unobtrusive use with little impact on the neighborhood. Mr. Atkins stated that the house was very large and hard for one owner to maintain.. He stated that they would not have the 12;� spaces required but would be able to maintain 11 parking spaces. He said that much of the time the lawyers would not be present and the residents probably would not be there during the day but also the lawyers would not be needing the space during the night. Mr. Hacker was concerned with the possible entrance of a fire truck, whether or not there would be room. Mr. Hopper was concerned with the hardship aspect. Mr. Atkins stated that the building was large and difficult for a single owner to maintain. He stated that he had spoken with abutters and the coucillor who all had no objections. Mr. Piemonte stated that he had no problem with the situation since it was a professional use. Mr. Hacker was concerned with the parking situation. Mr. Piemonte suggested that one or two parking spaces be eliminated for safety concern. Mr. Feeherry suggested that the petitioners go to the Fire Marshal for suggestions on the parking situation. Mr. Feeherry moved that the Board grant the variance upon the following conditions : not more than 4 attorneys; use not more than three residences;. 11: parking spaces be maintained provided the parking plan meets the approval of the Salem Fire Marshal and if there is disapproval the restrictions of the Fire Marshal is incorporated into this decision. Mr. Hopper seconded the motion. VOTING TO GRANT: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. Piemonte, and Mr. Martineau. GRANTED UNANIMOUSLY. V �.00yor, 4 Cgi#g of 'Sn#em, usstttljuse##s PDxrD of tAp}irrr! MINUTES - JANUARY 20, 1982 - PAGE FIVE 25 Essex Street - Peter MacLeod Petitioner is requesting a Special Permit to convert the existing three- family dwelling into three condominium units. A letter was received from the Fite Marshal stating that hhe property is still not in compliance with the smoke detector .code. Mr. Edward Moore represented the petitioner before the Board. He stated that that there would be no structural changes and has been vacant for 1 year. He also stated that there is able parking of 7 spaces. Mr. Piemonte was concerned with the impact on the neighborhood. Mr. Moore stated that:;.in the area there are a mixture of 2, 3, and 4 family houses. Mr. Feeherry stated that since there were no tenants and a long vacancy there was no reason not to grant the petition. Mr. Feeherry moved that the Board grant the special permit to allow three condominium units upon the following conditions: at least 5 parking spaces be maintained; no 6 month waiting period; and a certificate of occupancy is required before sale. Mr. Martineau seconded the motion. VOTING TO GRANT: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. Piemonte, and Mr. Martineau. GRANTED UNANIMOUSLY. 362 Essex Street - Arthur Wonson Petitioner is requesting a Special Permit to convert the existing dwelling into 2 condominium units. A letter was received from the Fire Marshall stating that the property is still not in compliance with the smoke detector code. Mr. Wonson represented himself before the Board. Mr. Wonson stated that it was a long building with A the front unit and:!B the back unit. He stated that there were four parking spaces. Mr. Piemonte stated that it was an ideal condominium situation. Mr. Wonson stated that there would be no structural changes but some renovations. He stated that the building had been vacant since February 1981 and he bought the building in March while it was still empty. Mr. Feeherry moved that the Board grant the Special Permit to allow two condominium unit upon the following conditions: not less than 3 parking spaces; a six monbh waive on the waiting period; the fire safety codes be observed; and a certificate of occupancy 3:s required before sale. Mr. Hahker seconded the motion. VOTING TO GRANT: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. Piemonte, and Mr. Martineau:. GRANTED UNANIMOUSLY. M.coxoiy� S Ctv of 'Salem, ttssttt se##s � Puxrb of �kpyett( MINUTES - JANUARY 20, 1982 - PAGE SIX 86 Essex Street -(Phillips School)- Salem Housing Authotity Petitioner is requesting a Comprehensive Permit in accordance with General Laws, Chapter 40B, Sections 21 to 23 inclusive, to rehabilitate the Phillps School site into eighteen units of handicapped barrier free housing. There was some controversy over whether or not the Board of Appeal had the authority to issue the Comprehensive Permit. Atty. Dobbs presented the Board with some documentation stating that the Board did have the authority. Liz Wheaton was concerned with the Historic Commission's input into the subject. Atty. -Dobbs stated that the State of Massachusetts will be a more strigent body than the Historic Commission would be. He stated that Salem and the region is in need of handicapped housing. He stressed the fact that there is no family housing for handicapped in Salem as well as the surrounding area. There were .many people present who were in favor of the Comprehensive permit who include: Mr. Bombardi, Nr, Baumgartner, Mr. Zarelli, Mr. Farrell, Mr. Sweet, Councillor O'Keefe, Councillor Rochna. .There were a few people who:twere concerned with the fact that the school is in a historic district. Mr. Feeherry asked them whether they would be satisfied if the • Historic Commission act as the DRB does in this situation. They (Mr. Anderson, Mr. Dubrule, Liz Wheaton) seemed.lquite satisfied with this arrangement. Mr. Zarelli, the architect, stated that the State has a rigid process for them to follow. He stated that they have already met with the Historic Commis- sion and are willing to make any changes necessary within economic reason. He stated that there would be three building. The original school would be kept and the addition of the school will be taken down. He stated that they will be building more ins scale with Essex Street. Mr. Sweet stated that the applications will be reviewed individually and that Salem people will have first preference. A few of the neighbors were concerned with the type of fencing. They were willing to work things out with the Historic Commission. Mr. Farrell stated that the State does not own but the Housing Authority does which is a private corpmration. Mr. Feeherry moved that the Board grant the Comprehensive permit upon the following conditions: 18 units of handicapped housing; site development, parking, landscaping will be coordinated "with the Historic Commission but if an impass arises then the petitioner may come back .to the Board. Mr. Piemonte seconded the motion. VOTING TO GRANT: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. Piemonte, and Mr. Martineau. GRANTED UNANIMOUSLY. The next meeting will be on February 17, 1982. Mr. Feeherry moved that the Board establish a policy of when a-Specual Permit is issued for a condominium conversion that a Certificate of Occupancy is required before sale be adopted • into all decisions. AGREE'D,'UPON':UNANIMOUSLY. The Board voted unanimously that the clerk will now receive as of January 1, 1982 $40.00/ case and the remaining $10.00 of the filing fee will go towards expenses. They also voted to have money set aside for educational meetings and publications as all is stated in -the letter that went to the Mayor. (See Attached) Respectfully submitted, —}— C,Qa.a.t s 4 (.9i#g of Salem, 'Mttssadjuse##s 0���o � Paura of "v MINUTES OF THE *MEETING OF THE BOARD OF APPEAL ON WEDNESDAY, FEBRUARY 17, 1982 The Members of the Board of Appeal met in opeij session on Wednesday, February 17, 1982 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 3, 10, 1982, and notices were sent postpaid to abutters and others in accordance with Mass. General Laws. ,. On roll call the following member answered present: Douglas Hopper, Chairman, Joseph Piemonte, Edward Luzinski, and Jean-Claude Martineau. Mr. Hopper appointed the. two..Assoeiate Members, Mr. Luzinski. and Mr. Martineau,. voting members. Mr. Hopper-stated that all petition& would require a unanimous vote, since there were only four members present, and anyone wishing to withdraw may do so. Winter Island - Winter Island Commission Petitioner is requesting a Special Permit to allow not more than 60 recreational vehicles be permitted for overnight camping between June to October until 1985 at Winter Island (R-C District) . A letter was received from the Fire Marshal stating that he was not in opposition. • Ralph Hobbs represented the Winter Island Commission before the Board. He stated that the Commission has already received a permit for the last year. He stated that the Mayor' and others are in favor of this petition:.-: Mr. Hobbs asked that the Board renew the Special Permit until 1985 which is the termination of the Winter Island Commission. Mr. Howard Knigh:t' stated that he was in 'favor of the petition since his group used--Winter Island each year for the last five years. Eleanor Berry stated that she was in opposition to the petition. She was concerned with the electricity, running water, maintenance- costs, and fees. Mr. Hobbs stated that there were fees. for :the parking of vehicles on the island which covered the maintenance expenses. He stated that in order to get water the trailers would have to attachia hose to the hydrant. Mr. Hobbs stated that they are in the process of getting a permit for a septic system. Eleanor Berry stated that when heavy trucks go by her house, everything shakes. She stated that she was totAlly opposed. Mr. Hopper asked her if she had any problems with the campers. She stated no. Atty. Mahoney represented Plummer Home. He stated that he would not accept a blanket request. He stated that the Winter Island Commission went around the Plummer Home when,-planning the future of Winter Island. He stated that the land cannot be leased or rented. Mr. Hobbs stated that the records show that Winter Island may be used as a public park and public uses. Hearing closed. Mr. Piemonte asked Mr. Hobbs if there was any supervision.An the way that the campers are chosen. Mr. Hobbs stated that there are rules and regulations for the campers and he looks at their reputation. ' Mr. Piemonte inquired if there was a problem with any of the campers, can they be evicted without any legal problems. Mr. Hobbs stated that if-the-campers create any problems and do not follow the • regulations, the Winter Island Commission has the Police Department's .complete help.,,in evicting the camper. Mr. Piemonte asked Mr. Hobbs if with 60 campers there is still plenty of use for Salem residents. Mr. Hobbs stated that there is still plenty of room for public use and that Salem people tend to use the beach. s a Titu of "SttlEm, assa*setts • '°�,�,u�a�*,'� PaxrD of c�.Vpr:t1 MINUTES - FEBRUARY 17, 1982 - PAGE TWO Mr. Piemonte asked why the Commission is letting in outsiders. He asked whether if '.was due to the cost to maintain the islAnd. Mr. Hobbs stated that the Commission put ads in the paper for water orientated uses for the island. He stated that all the funds raised from leasing will be used to hopefully rehabilitate the fort. Mr. Martineau asked about the security from Salem State College students. Mr. Hobbs stated that the Commission does have some money to get an island manager to take care of things. He stated that in every lease the person has to supply some kind of security to the island. He also stated that he :has a tentative promise from Salem State for some help. Mr. Piemonte stated that the Winter Island Commission is a legitimate organi- zation that he goes along with. He stated that the legal problem brought up by Mr. Mahoney as to whether the City has a right to lease or .rent the land is a legal matter that has to be settled by the Winter Island Commission, the City, and Mr. Mahoney. Mr. Piemonte was also concerned with gtanting the decision for 3 years. Mr. Hobbs explained that the Commission has meager funds to advertize each year for a renewal of the petition. Mr. Hopper stated that he would like to limit the permit for one year.due to the sewerage situation. • Mr. Piemonte moved that the Board grant the Special Permit to allow not more than 60 recreational vehicles be permitted for overnight camping between June to October 1982 at Winter Island. Mr. Martineau seconded the motion. VOTING TO GRANT: Mr. Hopper,. Mr. Piemonte,. Mr. Luzinski, Mr. Martineau. GRANTED UNANIMOUSLY. 15 - 19 Proctor Street - Ernest Delpero Petitioner is requesting a Special Permit for construction of new condominium units— A -letter was received from the Fire Marshal stating that he was in opposition to the petition until he .has plans that clearly show that there is plenty of access for fire fighting apparatus. Atty. Kenneth Roy represented Mr. Delpero before the Board. He stated that Mr. Delpero would like to build a single building with ten units. . He stated that the building will. conform with use and density requirements for an R-3 District. Atty. Roy stated that the only reason he was there is due to the section of the Zoning Ordinance stating that new condominiums in an R-3 District needs a Special Permit. He stated that if the building were to be used as apartments the Special Permit will not be needed. He also stated that he knew that the neighbors were concerned with this lot since it has been vacant -and unoccuppied for years. Atty. Roy stated that the City -deemed this area a good place for multi-family dwellings. He stated that the building'.will be a handsome colonial building which will attract young -.married couples and single professionals. He stated that it fits the housing needs and the landscaping will make the area attractive. He also stated that he knows about the water problem which has existed for years. He stated that the problem should • be corrected but the rap should not be pinned on the new construction. He stated that there is presently run off of water from the land now and after the construction there will still be a run off df water. He stated that there will not be any more or less drainage due to the construction. He stated that Mr. Delpero is ready to help. s a Ctv of "Sttl8m, 'Mass Ir4mari#$ 3 PuxrD of �kppettl • � �Y r MINUTES - FEBRUARY 17, 1982 - PAGE THREE Atty. Roy stated that Mr. Campbell,-the .engineer, will explain the blasting situation. He--stated that there is a problem with parking and speeding. He stated that there should-not be any parking on either side of the street as stated by the posted signs. He stated that they will have to get together to . - help each other to enforce this .situation. He also stated that the petitioner is entitled to put up a multi-family building and he felt that it would be better to have condominiums since they most likely will be owner occuppied. He stated that they will take better care and pride if it is their-own. He also stated that if the building is condominium units then the City will get more money in taxes from the property. Mr. Campbell stated.,that he is a licensed blaster with a bond for the State of Massachusetts. He stated that he has done many of jobs in the City of Salem. He stated that he did not foresee any problems since the type of rock will break up very easily in little pieces. He also stated that he thought that the blasting will enhance drainage since they will have to fill in the parking area in whidli some of the drainage can go underneath the parking area. He stated that the sewerage line will go over the hill toward Pope St. . Mr. Campbell stated • that Capt. Goggin will control all of the blasting. He stated that he still has the same amount of work to do whether they are condominums or apartments. He stated that they will do a pre-blast survey which entails taking pictures of all the homes in the area on the inside and out. Councillor Francis Grace stated that she has lived in the Proctor Street area for years. She stated that she has discussed the water problem with Mr. Fletcher. She stated that this building will compound the problem. She said ' that Mr. Fletcher stated that nothing will be+tdone in at least 10 years since the City can not afford it. She stated that she opposed either condominiums or apartments. She presented a map and a letter from Mr. Fletcher showing the present drainage situation. In the letter, Mr. Fletcher stated that it would cost $1,500,000 to rectify the'situation. Atty. Mahoney represented Ideal Finishing:;Co. . . He showed the Board photographs of the flooding situation after it rains. He stated that the petitioner should have gone before the Planning Board and City Engineer first. He also stated that the petition.,was not in conformance with the rear and side setbacks. He was also concerned with the blasting since the company has many delicate machines.'. He was concerned with the method of egress and entrance to the property.due to the possibility that fire fighting apparatus may. not be able to get to the building. Mr. Mahoney asked that the Board deny the petition. There was a petition submitted to the Board in opposition to the petition whidh included 15 .names. The following people were present who were in opposition: • Mrs. Jamont., Santos,Melanson, Michael Allen, Charles Brophy, Thomas Brophy, and Ann Brophy, Atty. Roy stated that there are many existing problems. He stated that the constuction of the new building will not make the situation worse but at times s 4 Ctv of "Salle T[, 'Mass djusett$ • °� g Puxrb of ,,Apteal MINUTES - FEBRUARY -17, 1982 - PAGE FOUR better. He stated that Atty. Mahoney was looking at the requirements for garden type apartments which the petitioner is not seeking. The petitioner only wants one building with 10 condominium units. He stated that they will "meet the needs of the Engineer and Fire Marshall Hearing closed. Mr. Piemonte stated that in a situation like this the Board would ask the petitioner to go to the City Engineer to get his opinion. He stated that in this case Mr. Fletcher seems to be in opposition. He stated that this is a difficult situation since the Board does not know the outcome of an extra ten families in the neighborhood. He stated that it is the natural conditions that they can't change. He stated that he can't see how the Board can encourage this . Mr. Hopper stated that this development there will be a problem with the entrance of fire apparatus and a parking problem. Mr. Martineau stated that there are many problems including blasting, drainage, parking, as.,well as others. Mr. Martineau moved that the Board denied the Special Permit due to the following reasons: negative impact on neighborhood, drainage problem, traffie, parking, and blasting damage. Mr. Piemonte -seconded the motion. VOTING TO DENY: Mr. Hopper, Mr. Piemonte, Mr. Luzinski, Mr. Martineau. DENIED UNANIMOUSLY. • 46-52 Northey Street - Edward McGlynn, Trustee for Aon Realty Trust. Petitioner is requesting a variance for 2 additional units and a �variance from density requirements. Atty. John Serafini asked the Board permission to withdraw the petition without prejudice. . Mr. Piemonte moved that the Board allow the petitioner to withdraw without prejudice. Mr. Martineau seconded the motion. VOTING TO WITHDRAW: Mr. Hopper, Mr. Piemonte, Mr. Luzinski, and Mr. Martineau. Winter Island - Albert Potorski Petitioner is requesting a Special Permit to build a 30' x 40' building to be used as a snack bar-at Winter Island. A letter was received from the Fire Marshal stating that until plans are brought in for his approval he is in opposition to the petition. Mr. Potorski stated that he would like to build a concrete building. He stated that he plans on conforming to -all of the fire codes, but he did..not know he should have shown the plans to the Fire Marshal at this point. He stated that he has run his business as Jilian's at Miller's Marina. Mr. Hobbs stated that many of the people this summer had to leave Winter Island in order to get something to eat and then come back. He stated that this create a lot more traffic-'and inconvenience. He stated the this snackbar would be the only food place on the island. Mr. Hayes, Chairman of the Winter Island Commission, stated that Mr. Potorski runs a nice business and is willing to help keep clean • and maintain the island. Atty. Mahoney stated that Mr. Potorski was the only one who came to Plummer Home to get their approval. He stated that he was in favor of this petition and that it will be an asset to the island. He stated that the island is not suppose to have any commercial business according to the agreement. Hearing closed. a (flit of �ttlrm, finssxcflusetts • ""mu d Poarb of �k"Vd MINUTES - FEBRUARY 17, 1982 - PAGE FIVE Mr. Piemonte asked if..the petitioner should violate any of the fire codes can the lease be broken. Mr. Hobbs stated that the petitioner must get all-of his permits on his own otherwise the'-lease is null and void. Mr. McIntosh stated that the Building Dept. or Heblth Dept. could close him down. Mr. Piemonte stated that he was in favor especially since the Plummer Home is in favor. Mr. Luzinski': stated that this snackbar will be a real asset to Winter Island. Mr. Luzinski moved that the Board grant the Special Permit to build .a 30' x 40' snackbar subject to all the public agencies involved(Fire Dept. , Building Dept. , etc.) ; the snackbar run by the petitioner; and asrper the lease with the Winter Island Commission. Mr. Piemonte seconded the motion. VOTING TO GRANT: Mr. Hopper, Mr. Piemonte, Mr. Luzinski, and Mr. Martineau. GRANTED UNANIMOUSLY. 10 Broad Street - Richard Pohl Petitioner is requesting a variance for maintaining his office of psychiatry within three rooms and renting the remainder of the property as a single family unit. Atty. George Vallis asked the Board if the petitioner could withdraw the • petition.:without prejudice. Mr. Piemonte moved that the Board allow the petitioner to withdraw without prejudice. Mr. Luzinski seconded the motion. VOTING TO WITHDRAW: Mr. Hopper, Mr. Piemonte, Mr. Luzinski, and Mr. Martineau. UNANIMOUS. 12 Abbott Street - John Quartarone Petitioner is requesting a variance from rear yard setbacks to add a 16' x 20' family room in the rear of the existing house. A letter was received from the Fire Marshal stating that he was not in opposition but he would like to see the plans and that smoke detectors must be installed. Mr. Quartarone stated that at one time he had a verbal agreement with his abutter to buy a portion of his land to make his lot conforming with the proposed addition. He stated that he had received the Planning Board's approval and when the time came for the purchase the abutter withdrew. Mr. Piemonte stated that the petitioner must prove a hardship in order to get a variance. Mr. Quartarone stated that he does not have much room and the rooms are very small. He stated that if he does not get this addition he will have to move to another house which he can not afford. Mr. Horrigan stated that he is in favor of the petition. He stated that Mr. Quartarone *ent through a great -expense to go to the Planning Board and then for last minute for the abutter to back out is a hardship. Hearing closed. Mr. Piemonte stated that there is a hardship. Mr. Martineau moved that the Board grant the variance to build a . 16' x 20' family room from the rear yard setbacks ( only 4 ft. instead of 30 ft.) and • there is a hardship. Mr. Luzinski seconded the motion. VOTING TO GRANT: Mr. Hopper; Mr. Piemonte, Mr. Luzinski, and Mr. Martineau. GRANT UNANIMOUSLY. a ('gitg of "Salem, 'Mttssar4usEtts PnxrD of !Ap}tettl MINUTES - FEBRUARY 17, 1982 - PAGE SIX 14-16 Park Street - Douglas Drew Petitioner is requesting a variance from the required parking. A letter was received from the Fire Marshal in opposition since this is in a high hazard fire area and the density should not be increased. A letter was also received from the Planning Board in opposition to the petition. Atty. Paul Moriarti represented the petitioner before.,the Board. He stated that they are two separate buildings since it is separated by a fire wall. He stated that there is presently 2 apartments on each side. He stated that there will be no structural exterior changes. Atty.. Moriarti stated :that the petitioner is only looking for a vaiance on parking. He stated that there are 4 legal'. apartments since they are existing(with no parking) . He stated that they tare looking for a waiver on parking since two separate buildings . He stated that - they would compromise. to have only one side with a third floor apartment and the other side use the third floor as. a continuation of the second floor apartment. He stated that there hasn' t been any on or off street parking for years. • Councillor Jean-Guy Martineau stated that there has been three fires there Since 1976. He stated that the last fire was substantial. He stated that there have been outside structural changes by the tearing down of the porches without a license which was down by juveniles. The Building Inspector had to go and get the Police in order to 'get them to stop tearing down the pooches since there were no permits. He stated that there have been problems with people involved withi:this house (petitioner, lawyers, etc.) who have parked in private parking areas across the street and block the driveway and garages. He stated that there is a severe parking problem which has caused 'problems for getting emergnecy vehicles down.:the street as well as a bus for a.ispecial need child on the street. He stated that many of these people have been living on this street for 30-40 years and they should have some rights. He stated that the neighborhood its tough and dense. He stated that it would Be in .the best interest of the neighborhood to deny the petition. Mr. Luzinski asked if the the third floor was ever used as living quarters. Councillor Martineau stated.lthat in 1976 after the fire there was no one living .there. Lucien LaBrecque stated that he has been living there for 64 years and there has never been anyone:iliving there. He is in opposition. The following people also stated that they were in opposition: Connie Sanford, Mr. & Mr.s Kalinowsky, Mr. & Mrs. Theriault, Mr. & Mrs. McKeen, Jeanette Gagnon, Rita, Lucien, and Dan LaBrecque. Atty. Moriarty stated that the petitioner has spent a lot of money trying to fix up the place. He stated that the petitioner is not asking for places to park. He stated that the porches had to come down due to the fire. Mr.. Hopper stated • that he was against the petition, since the Board can not increase the density. Mr. Piemonte stated that if might be possible to have large families on the two second floors which can be extended onto the third floor and have a greater density than what the petitioner is asking for. He stated that the situation is terrible. Mr. Hopper stated that this is contrary to the zoning. • v �.covmr� (1Li#g of '5ttlem, �Rttssztr4use##s ' � �ntrrD of ��ettl �O�IIMB� MINUTES - FEBRUARY 17, '1982 - PAGE 'SEVEN Mr. Martineau moved that the Board denycthe variance for parking due to the extreme density and parking situatidnc,and the Fire Marshal has stated that it is a high hazard fire area. Mr. Luzinski seconded the motion. VOTING TO DENY:'. Mr. Hopper, Mr. Luzinski, Mr. Piemonte, and Mr. Martineau. DENIED UNANIMOUSLY. The next meeting will be held on March 10, 1982. The meeting was adjourned. Respectfully submitted, Clerk • • ��,co�on S e 01i#g of 'Stt1em, ttsstttlfusE##s 0� �� Poarb of Appud p214(NB IPS MINUTES OF THE MEETING OF THE EXECUTY.ilESESSION" TO DISCUSS THE 14-1414 CHESTNUT ST. LITIGATION WITH THE CITY SOLICITOR - MARCH 10, 1982 Present at the meeting were Mr. Feeherry, Mr. Hopper, Mr. Hacker, Mr. LaBrecque, Mr. Piemonte, and Mr. Luzinski. Mr. Piemonte moved torh ave a closed session discussion of the litigation / of 14-1415 Chestnut Street. Mr. LaBrecque seconded the motion. GRANTED UNANIMOUSLY. Richard Stafford, City Solictor, stated that there were three major questions that the judge had. He was also concerned that the Board had not established any rules';or guiddlines to follow in issueing; a Special Permit for condominium conversions. The board did discuss the:; possibility of having another meeting in the near future to work on guidelines. Mr. Feeherry moved that the Board authorize to direct the City Solicitor to file notice of appeal if the City loses the present case inf front of Judge Bennett and the Board retaind the right to tell him to withdraw. Mr. Piemonte seconded the motion. VOTING IN FAVOR: Mr. Feeherry, Mr. Hopper, Mr. Hacker, • Mr. Luzinski, Mr. LaBrecque, and Mr. Piemonte. ALL IN FAVOR. Mr. Hopper cldsed the hearing. Respectfully submitted, �— • �r wear S 01itg of Salem, fflassadjusetto pnttrD Df ,�1}rpPttl 'Ra�u�ua tPT MINUTES OF THE MEETING OF THE BOARD OF APPEAL ON WEDNESDAY; MARCH 10, 1982 The ;:@Members of the Board of Appeal met in open session on Wednesday, March 10, 1982 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 24 and March 3, 1982, and notices were sent postpaid to abutters and others in -' accordance with Mass. General Laws. Un roll call the following members answered present: Douglas Hopper, Chairman, Anthony Feeherry, James Hacker, Arthur LaBrecque, and Mr. Piemonte. 135 Loring Avenue - Dr. & Mrs.; Witkov The petitioner is requesting a Special Permit and/or variance to use 3 rooms on the first floor to run a veterinary hsopital and a portion of the basement for hospitalized animals. A letter was rec@iued from Atty. Carl Goodman requesting that the petition.�b'e withdrwn from the Board without predjudice. • Mr. Feeherry moved that the Board allow the petitioner to withdraw without predjudice. Mr. LaBrecque seconded the motion. VOTING TO ALLOW TO WITHDRAW: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. LaBrecque, and Mr. Piemonte. WITHDREW UNANIMOUSLY. 7 Wheatland Street - Wilfred Pettipas The petitioner is requesting a variance from the 10' side line set bal=k to put an addition to the rear of the house. A letter was received from the Fire Marshal stating that smoke detectors must be installed and that the plans must be submitted for his. approval. Mr. Pettipas represented himself befor the Board. He stated that there is not much room in the house. He would like to place an 'addition to have another bedroom and family room. He stated that he has already discussed it with his neighbors and there is no ,-,problem. Mr. Feeherry asked about the parking situation. He stated that there is room for three cars. Mr. Feeherry stated that this should be a request for a Special Permit as an extension of a non-conforming structure. Mr. Feeherry moved that the Board grant the Special Permit to extend a non-conforming structure and allow a 16' x 24' addition to the rear of the first floor.. .upon the following conditions: prior to construction the proper building permits and plans be gotten and submitted to the Building 'Inspector.and • incorporate the Fire' Marshal's recommendations and restrictions. Mr. Piemonte seconded the motion. VOTING TO GRANT: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. LaBrecque, and Mr. Piemonte. GRANTED UNANIMOUSLY. Y 4 (tai#g of Salem, 2I8$tItllu$E##S z PaarD of �1p}tPttl ACO�uns rP�' MINUTES - MARCH 10, 1982 - PAGE TWO LOTS 46-52 GREENLAWN AVENUE - EDWARD MORGANI Petitioner is requesting a variance to combine the seven lots and divide them into four lots with 94:26 ft. frontage and an average area of 8500 sq.ft. . A'-letter was received from the Planning Board in opposition to the variance due to the following reasons: lot not defined; density requirements; fifth lot that is not mentioned; there is not substantial change; and the petitioner needs a Form B and a Form C. Mr. Feeherry stated that there was substantial change. Atty. John Serafini, Jr. represented the petitioner before the Board. He stated that the petitioner did come up before the Board last October, but have changed the lot frontage and area so as the lots are more equal. He stated that the petitioner did go before the Planning Board with a Form A but it was not approved since they should have applied for a Form B and C. The petitioner does not intend to buy the fifth lot. That is therreason the lot was never mentioned. Atty. Serafini would like the Board to eliminate the condition on the previous decision • basing the decision on the approval of the Planning Board. Mr. Feeherry stated that was the reason for the Planning Board's existence. : :It is toathem to :decide on this. Atty. Serafini stated that--the Board. of Appea1..has':the control over the size of the lot. Mr. Hacker asked about the drainage situation. Atty. Serafini stated that the City Engineer has approved the drainage plan. He was also concerned that the expectations of the Planning Board for putting innthe new street will be too much of an expense and kill the project. Frank Romano was in -favor of the petition since it will increase the value of the area with a new road. Mr. Walsh was in opposition since he was worried about the drainage. Atty. Serafini stated that there are safeguards and the City Engineer has approved the plan. Walter Powers was also there representing the Planning Board and reaffirming their objections. Mr. Piemonte stated that the Board has already agreed to the variance but there are some minor boundary changes. Mr. Hopper felt that the Board should still grant the variance with the same restrictions as the other decision. Mr. Feeherry moved that the Board grant the variance as stated in the original decision with the new boundaries. Mr. LaBrecque seconded :the motion. VOTING TO GRANT:'. Mr. Feeherry, Mr. Hacker, Mr. Hopper, and Mr. LaBrecque. Mr. Piemonte voted present. GRANTED 4 to 1. 8 Hersey Street - Sampson Chandler Petitioner is requesting a special permit to convert the two-family dwelling into a three-family dwelling. A'.letter.:was received from the Fire Marshal • stating that the petitioner is not in compliance with the smoke detector law and the plans must be submitted for his approval. 6�.COVry, 4 (tli# of 'Satem, 'Mttssadjuse##s � PuttrD of ,,Aypettl MINUTES - MARCH 10, 1982 - PAGE THREE Michael Chandler represented the petitioner before the Board. He stated that he is presently living on the first floor and would like an apartment on the third floor. He stated that there will be some minor changes. As far as parking, there is .a two car garage and there are four parking spaces in front. Mr. Feeherry asked whether there were any other three families in .the area. Mr., Chandler .stated that there were many other three families on the street. Mr. Hopper stated that there was no probles with it being owner occuppied. Mr. Feeherry stated that the plans will have to be approved by the Building Inspector. Mr. Feeherry moved that the Board grant the Special Permit to allow a third floor apartment upon the following conditions: 1) all plans must be approved by the Building Inspector prior to construction, 2) comply with the Fire Marshal's restrictions, 3) maintain the parking at the site; and 4) Special Permit conditioned upon owner occupancy and ownership and if there is a change the Special Permit will cease and revert to a two-family. Mr. LaBrecque seconded the motion. VOTING TO GRANT: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. LaBrecque, and Mr. Piemonte. GRANTED UNANIMOUSLY. • 24 FORT AVENUE - NEW ENGLAND POWER COMPANY Petitioner is requesting a variance from maximum building height to build a fly ash storage building. A letter was received from Councillor Nowak in favor of the petition..- Another letter was received from the Fire Marshal stating that he had no objections and that the plans should be submitted to him for stamped approval. Mr. Steven Doret represented the petitioner before the Board. , ` , See attached statement from Mr. Doret. The following .people were in favor of the petition since NEPCO is a good neighbor: Robert Armstrong, Bob Camana, John Hayes, Joan McIntyre, William Nadeau, Mr. Blanchette, and John Whitehead. Mr. Feeherry asked about the future of the fly ash storage. Mr. Doret stated that these facilities may be' abadoned in the future for larger one since they have not had the time to complete the entire plan. Mr. Feeherry was also concerned with weekend work, noise, cleanliness, etc. . His major concerns were agreed to by Mr. Doret and Mr. Beattie and these restrictions were incorporated into the decision. The following people had concerns and opposition to the variance: Walter Powers, Mary Tuttle, Joe Symensky, Harold South, Jane Lundregen due to noise, • traffic, and the size of the silo. Annette Lewis and David Beattie of NEPCO responded to these concerns. Ms. Lewis stated that they had to make reports to EPA regarding the emission of these particles in the air. Dave Beattie stated that they are doing their best to be good and if anyone has any problems they are to call him. • O�,F.COVyt�,� Ctv of '�$ttlem, 'ettssadjuse##s ' Poxrb of �ppv l MINUTES - MARCH 10, 1982 - PAGE FOUR The Board members after much discussion decided upon a number of restrictions. Mr. Feeherry moved that the Board grant the Special Permit upon the following conditions: storage facility with maximum height 108 ft. in accordance with plans submitted to the Board; motors located within the structure to reduce the noise level; provide the Salem Health Dept. with any reports requested by that agency which the Petitioner must prepare for EPA relating to the use of this structure; disposal by trucks of fly ash be limited to the hours of 7am to 6pm Monday through Friday; no ash will be removed on weekend and holidays; ash will be loaded into trucks within the storage facility and once loaded, the ash will be covered by canvas; and the trucks will be washed to remove excess material on the truck. Also the Board finds that a variance is needed. The Board finds that this is a unique use; EPA regulations force this use; and this is a hardship to NEPCO. Mr. LaBrecque seconded the motion. VOTING TO GRANT: Mr. Feeherry, Mr. Hakcer, Mr. Hopper, Mr. LaBrecque and Mr. Piemonte GRANTED UNANIMOUSLY. Mr. Hopper appointed Mr. Luzinski a voting member for the reminder of the evening replacing Mr. LaBrecque. 38 Endicott Street - John Spinale Petitioner is requesting a special permit to convert the second floor of the existing building into a studio apartment. A letter was received from the Fire Marshall stating that the petitoner is not in compliance with the smoke detector ordinance. He also stated that the plans have to be submitted to him for approval. Mr. Spinale represented himself before the Board. He stated that he wanted to change the second floor from storage and office space to a studio apartment. Several neighbors were in favor since the neighborhood was primarily residential. Mrs. Giardi was the only person in opposition since at times her driveway was used. Mr. Spinale stated that there is a spot for the renter to park and the renter will not use her driveway. Mr. Feeherry moved that the Board grant the petition to have commerical area and one studio apartment and one parking space on the property for the renter and comply with the fire codes. Mr. Hacker seconded the motion. VOTING TO GRANT: Mr. Feeherry, Mr, Hacker, Mr. Hopper, Mr. Piemonte, and Mr. Luzinski. GRANTED UNANIMOUSLY. 10 Broad Street - Richard Pohl Petitioner is requesting a variance for maintaining his office of psychiatry within 3 rooms and renting the remainder of the property as a single family unit. There were several letters of opposition from the neighbors and the Planning Board. • O�y.00Vry,4� t a 01i#g ofttlEm, ttssttcusp##s MINUTES - MARCH 10 1982 - PAGE FIVE Attorney George Vallis represented the petitioner before the Board. He stated that the house was currently owned by Hope Brown. During the period of 1875 to 1945 the house was used as a. two family. In September 1981, the house was put up for sale by Ms. Brown and she moved to Maine. The house has .11rooms. The heating costs are substantial. The house is located in a two family district. The petitioner is requesting to use one room on the first floor as a waiting room; one room on the second floor as his office, and use the attic as his therapy/play room. Seventy-five percent of the patients are children. The petitioner wants his patients to feel at home, that is why he likes this house and set-up. ' He currently owns the property at 335 Essex Street where he resides and has his practice. Atty:. Vallis stated that a residential neighborhood is essential for the visits of the patients. He stated that Mr. Pohl would surrender his Special Permit at 335 Essex Street. He said that his wife and children needed more room and that it was also a hardship on them. , Atty. Vallis stated that there is no nuisance or traffice hazards. He stated that there is 21� parking spaces. Only one space is needed for professional. Mr. Pohl lives down the street and can walk. Atty. Vallis made his own poll to show that there are currently 20-30 proffessional offices in the neighborhood. Mr. Pohl stated that the houses directly effected by this variance are in • favor and have signed the petition. Mr. Feeherry asked what the hardship is. Atty. Vallis stated that this is, an 11 room house and are not sold frequently due to cost to maintain. He said that it was a financial hardship. He said that it was a harship for Mrs. Brown and that is why it is on the market. He also said that the Purchase & Sales agreement is conditioned upon the granting of the variance. Arty. Vallis stated. that since the property is on Chestnut Street that this a crusade. Mr. Feeherry asked if he had talked to the Chestnut Street Assoc... Atty. Vallis stated that it would not do any good. Mr. Pohl told the Board that the reason that he wants to move is because his wife is pregnant. He said that it is not fair to restrict his family to half of the house. He also said that it is not good for the family and patients to meet. Mr. Pohl said that he does not have a secretary or nurse and that he does everything. The following people were in opposition: Mrs. Marchand, Mr. Wintersteen, Cybil Wong, Mr. Putnam, Mr. Carr, Beth :Alexander, Peter Copelas, Bill Wheaton, John Kelly, Jim Carney, and Mr. Moulison. They were all opposed due to the following reasons: Not a hardship, setting a precedent; changing the neighborhood; not owner occupied; children on the third floor with no 2nd means of egress; parking problems; and because it is in a R-2 District. Atty. Vallis stated that as far as setting a precedent, each case should be voted on its own merit. • s b Ctv of 'Salem, 'Mttssar4use##s Poxrb of �kypvd MINUTES - MARCH 10, 1982 - PAGE SIX Mr. Hopper and Mr. McIntosh were concerned and wanted two means of egress. Mr. Luzinski stated that there were no other offices on Broad Steet. Mr. Piemonte stated that this professional service was very unique. Mr. Feeherry said that he was sympathatic to the petitioner and was puzzled by the vehement opposition. He feels that there will be 'a net :effect since the other office is only 2 blocks away. Mr. Hacker stated that he was opposed to an office in a residential neighborhood. Mr. Hopper stated that he did not see the hardship. Mr. .Feeherry stated that at least the following conditions be made: limit area;. parking as on plans; use 6f property subject to approval of building inspector. Mr. Hacker stated that he was open :to a time requirement. Mr. Feeherry stated that he would prefer to take time and reflect. Mr. Piemonte moved to :bring a vote on March 17, 1982. Mr. Luzinski seconded the motion. VOTING IN FAVOR TO BRING A VOTE AT THE MARCH 17 MEETING: Mr. Feeherry, Mr. Hacker, Mr. Luzinski, Mr. Piemonte, and Mr. Hopper. MINUTES - MARCH 17, 1982 Mr. Piemonte had moved to grant the variance. Mr. Feeherry had seconded the motion. The following conditions were placed: area of 1st & 2nd florrs • be allowed as on plan; weekday office hours of 9-6PM; parking maintained; petitioner special permit at 335 Essex Street terminated; no employees; landscaping at site maintained as current; in compliance with Building Codes with egresses; and pass Historical Commission for egress. Mr. Hopper; .Mr. Hacker and Mr. Luzinski voted in oppostion ,to the variance. Mr. Piemonte voted in favor of thevariance and filed a detailed statement of reasons for his vote. Mr. Feeherry voted present: : THE VARIANCE WAS DENIED. The next meeting will be held April 28, 1982. The meeting was adjourned. Respectfully submitted, Clerk • • �y,COYM Ctv of 'Salem, 'Mttssttclluse##s •�. {mayb of py�vd �r"�I4M6 tP" � ��G1.lY V• ��I�/ifM MINUTES OF THE MEETING OF THE BOARD OF APPEAL ON WEDNESDAY, APRIL 28. 1982 The Members of the Board of Appeal met in ,oppen session on Wednesday, April 28, 1982 at 7 :00 PM at One Salem Green for a public hearing. Said notice of hearing was duly published in the Salem Evening News on April 14, 21, 1982, and notices were sent postpaid to abutters and others in accordance with Mass. General Laws. On roll call the following members answered present: Mr. Feeherry, Mr. Hacker, Mr. LaBrecque, Mr. Piemonte, and Mr. Luzinski. Mr. LaBrecque appointed Mr. Luzinski a voting member. A letter from Mr. McGLynn to withdraw was received. Mr. Feeherry moved to allow the petitioner to withdraw. Mr. LaBrecque seconded the motion. VOTING TO WITHDRAW: Mr. Feeherry, Mr. Hacker, Mr. LaBrecque, Mr. Piemonte, Mr. Luzinski. 57R Turner Street - Miller Wharf Petitioner is requesting variances to operate a full service marina • including floating slips, gasoline and oil storage and sales, marine hardware and supply, haul-out facilities, sales, service, repair, and storage of boats and motors, snack-bar and dining facilities and to validate construction of addition over the pier at 57R Turner Street. Letters were received from the Fire Marshall, Eleanor Wilton, and Francis O'Heir, who were opposed. William Donaldson stated that Miller Wharf marina in 1975 wasdfull service marina. Mr. Feeherry asked about 10 White Street . Mr. Donaldson said that there has never been a request on this property. In 1908 it was used as a boatyard and marina. The building . has been used as a restaurant and could continue to be used as a restaurant. Mr. Donaldson wants the same variance as White Street to adjoining piece of land which is to use it as a marina, work and repair of engines in the building in the back. Mr. Feeherry asked how many slips. Mr. Donaldson said that the slips are already there. Mr. Feeherry asked if he wanted to be able to extend the use to Turner Street. Mr. Donaldson stated that the frontage on Turner Street is limited. It is a difficult R-2. Mr. Feeherry stated that the request for variance should be2special permit . Mr. Donaldson stated that the use as a marina has been non-conforming as well as the restaurant. Mr. Purcell said that he would like to increase the inside dining and elimate the outside. Mr. Piemonte stated that he wanted more detailed plans and more information. Mr. Feeherry said that the plans should have more detailed information such as square footage, number of seating and parking area. Mr. Piemonte said that he wanted to be fair and postpone the haring to get more detailed information. Mr. Feeherry stated that he could not vote favorably with the current information. He suggested that it be postponed • until May 12, 1982. Mr. Donaldson would like to and speak with Capt. Goggin about the fire issues. • Mr. Stevenson suggested that the Board members go out and look at the piece of property. Mr. Feeherry moved to Continue the hearing until May 12, 1982. Mr. LaBrecque seconded the motion. VOTING TO CONTINUE: Mr. Feeherry, Mr. Hacker, Mr. LaBrecque, Mr. Piemonte, Mr. Luzinski. Winter Island - Salem Sound Development Petitioner is requesting a Special Permit to build a public marina and a 30' x 40' marina support building at Winter Island (R-C District) . Mr. Kelley stated that there will be a total of 208 slips , but initially not more than 100 slips. The support building will be used to store floats, office, maintenance, restrooms, showers. There will be no food or gasoline storage. There will be no sale of boats or storage. Mr. Feeherry asked about Plummer Home. Mr. Kelley stated that Plummer Home did not say anything. He kept them informed. Mr. Feeherry asked about a lease. Mr. Kelley said that he did not have a signed lease, only a draft. Mr. Feeherry asked if Salem residents had priority. Mr. Kelley stated that he was open to this idea. Douglas Savy asked how much to restrict Winter Island for recreation. Mr. Feeherry said that it should be taken up with the Winter Island Commission. He said the original concept was to have some presence there and to allow use by residents. Hearing Closed. Mr. Feeherry moved to grant the Special Permit to build a 30 x 40' • building and a marina with the following restrictions: Subject to lease being executed; use of property to office,. showers; no food, gas, gas storage, sale of boats; storage of not more than 4 of Salem Sound Development boats; compliance with fire codes; maximum of 208 slips; and petitioner meet with the Winter Island Commission for priority for Salem Residents. Mr. LaBrecque seconded the motion. VOTING TO GRANT: Mr. Feeherry, Mr. Hacker, Mr. LaBrecque, Mr. Piemonte, Mr. Luzinski. 62 Jefferson Avenue - F. Robert Ruscio Petitioner is requesting a special permit to construct a 16' x 25' addition on the southerly side of the existing non-conforming building at 62 Jefferson Avenue (R-1 District) . Robert Gauthier showed the Board pictures of the property and the closeness of the ledge. The addition will leave the shed and close over hang. The addition will be 16 x 251 . Mr. Gauthier stated that it borders industrial. There is the Telephone and Bouchard' s garage. Mr. Ingemi, Coun. Lovely, Joe Saraceno, Carl Petersen, Arthur Connellis, all spoke in favor. Hearing Closed. Mr. Feeherry moved to grant the special permit to construct a 16 x 25' concrete block addition as per plans with the following conditions: use consistant automotive repair; comply with fire codes. Mr. LaBrecque seconded the motion. VOTING TO GRANT: Mr. Feeherry, Mr. Hacker, Mr. LaBrecque, Mr. • Piemonte, Mr. Luzinski. 38 Shore Avenue - Dorilla Morency • Petitioner is requesting a special permit under the provision of Section VC-10 to make the lot conforming in frontage, side yards, and area due to the selling og the abutting lot to her son at 38 Shore Avenue (R-1 District) . Atty. Ledoux stated that Mrs. Morency acquired the lots of land in area with 2 dwellings built. They were built during pre-zoning time. There is a right-of-way through the driveway. The house has been sold. There is no frontage, no lot area, no side yard. Mrs. Morency acquired it May 1945. In 1973, 36 SHore Ave. was conveyed to the son and daughter-in-law. The rules and regulations were so that you could record a deed without plans. Mr. Feeherry stated that what was done in 1973 must be validated. Atty. Ledoux stated that he will go the full formal subdivision. Hearing closed. Mr. Feeherry moved to grant the special permit for front, side, rear, density, and all others to make lots A and B conforming with Lot A being 2 family and Lot B single family. Mr. LaBrecque seconded the motion. VOTING TO GRANT: Mr. Feeherry, Mr. LaBrecque, Mr. Hacker, Mr. Piemont, Mr. Luzinski. 63-63k & 65-65'k Boston Street & 4 Proctor Street - George & Georgia Lentros Petitioner is requesting a special permit to extend a nonconforming use to permit the use of the two existing stores as commercial stores. Letters were received from the Fire Marshall and Planning Board. Atty. John Serafini stated that there were no structural changes. The . buildings use had been abandoned due to illness. There has been a variety of uses such as small barber shop, fruit store, beauty parlor. Mr. Feeherry wanted to know the use of the stores since he has anxiety over commercial uses being machine shops. Atty. Serafini suggested R-3 zone uses such as small offices or drugstore. He said that "there would be 2 commercial uses and 6 residential units. Hearing closed. Mr. Feeherry moved to grant the special permit to allow to use previous commercial units for specific uses as listed on p. 33 of the zoning ordinance letters as - hh excluding gg. Mr. LaBrecque seconded the motion. VOTING TO GRANT: Mr. Feeherry, Mr. Hacker, Mr. LaBrecque, Mr. Piemonte, Mr. Luzinski. The next meeting will be June 12, 1982. The meeting was adjourned. R(/es�pecttffull/.ly�/j/submitted, '' li/'�uG4GL�-, Clerk • Ctv of ttlem, 'Massadjuse##s pnxrb of �kp}rettl J�0I4M6✓" MINUTES OF THE MEETING OF THE BOARD OF APPEAL ON WEDNESDAY, MAY 12, 1982 The Members of the Board of Appeal met in open session on Wednesday, May 12, 1982 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 28 and May 5, 1982, and notices were sent postpaid to abutters and others in accordance with Mass. General Laws. On roll call the following members answered present: Doulgas Hopper, Chairman, Joseph Piemonte, Anthony Feeherry, and James Hacker. Mr. Hopper stated that all petitions would require a unanimous vote, since there were only four members present, _ and anyone wishing to withdraw may do so. 14 Chestnut Street - Thorvald Lauritsen Petitioner is requesting a special permit to convert the existing two-family house at 14 Chestnut Street (R-2 District) into a two-unit condominium. • Atty. Robert Peck asked to have the case postponed since there were not 5 members present. Mr. Piemonte moved to postpone the case until June 2, 1982 at 7:OOPM. Mr. Feeherry seconded the motion. VOTING TO POSTPONE: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. Piemonte. 18 Charles Street - James Shuster/Kichul Cho Petitoners are requesting a special permit to convert the two-family dwelling at 18 Charles Street (R-2 District) into a three-family dwelling. A. letter was received from the Planning Board in opposition because it exceeds density, parking and the traffic from the College. There was also a letter from the Fire Marshal in opposition. James Shuster stated that he would take care of the smoke detectors. He said that the third floor is empty and he will put in a kitchen, bathroom, and electricity. He stated that there was parking in the driveway and on the street. He said that he could black top to the end of the property to get added parking. He lives on the first floor and plans on staying. • • Coun. John Nutting was in opposition. He said that 5 spaces were needed for parking. There is no room to fit 5 cars without them being piggy-back. He said that one side of the street is posted "No Parking on this side of street". He said that it is very close to Salem State College where the parking is a mess when school is in session and any addition from a two or three-family is a detriment. Coun. John Giardi was there to represent the Ward. He asked that the Board deny the special permit due to parking and congestion in the area. John Avigian of 7 Day Avenue stated that the address is really 12 Charles Street. He was against the conversion since there are only two-family houses in the area. Bob Bonin of 22 Charles Street was opposed due to inadequate parking and it being a detriment to the neighborhood. He said that the neighbors are all in opposition due to parking; increased traffic; and the change in character of the neighborhood. Mr. Bonin stated that 73% of the area is single families. Only 1 house is classified as a 3-family but it is all the same family. He said that the two single owners are transient and the neighborhood wants a family in there. He submitted a petition of neighbors who are in opposition. Mr. Shuster said the address is 18 Charles Street, not 12 Charles Street. The Post Office has renumbered the house. He said he is not a transient. He has worked in Salem for 2 years and has worked for the same company for 4 years. He said he is stable. He stated that the co-owner moved out but a new person has moved in. A nurse who works at Salem Hospital lives on the second floor and has for the last three years. The third floor would be adding 1 person. As far as parking, he and his roommate have motorcycles and not cars. Hearing was closed. • Mr. Feeherry moved to deny the Special Permit due to the negative view of the *Planning Board; neighborhood opposition; lot cannot handle the number of parking spaces; and existing traffic. Mr. Piemonte seconded the motion. VOTING TO DENY: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. Piemonte. 85 Bridge Street - Russell Green Petitioner is requesting a special permit and/or variance to put two additions to the building at 85 Bridge street (B-1 District) for a rear entrance and utility area and a bedroom for the first floor apartment. A letter was received from the Fire Marshal. Russell Green stated that he does have smoke detectors and parking. He said that it is not really 2 additions, but it is to fill in the area. Mr. Hopper asked how many bedrooms. Mr. Green responded that there would be six bedrooms. He said that he wanted to make the laundromat more attractive. He wants to move the bedroom and try to enhance the commercial end. Mr. Feeherry asked about the expansion of the landromat. Mr. Green said that he is adding 10 washers and two dryers. The laundromat hours are M-F 7-9:30 and Sat.-Sun. 7-7. Mr. Green said that he tore down the garage and added parking. He said the neighbors are happy. Hearing was closed. Mr. McIntosh said that there has been improvement since he tore down the garage. Mr. Piemonte said it was a good job with no opposition. He said that Mr. Green needs to comply with building and fire codes. • .y Mr. Feeherry moved to grant the Special Permit to extend the • non-conforming structure with the following conditions: relocating the 10'x16' bedroom as per plans; construct rear entry and storage 81x14' ; maintain existing parking; comply with fire and building codes; and the hours of the laundromat will be M-F 7-9:30 and Sat-Sun 7-7. Mr. Hacker seconded the motion. VOTING TO GRANT: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. Piemonte. 1 Cypress Street - Beverly and John Pasquarello Petitioners are requesting a special permit for an extension of a non-conforming use at 1 Cypress Street (R-1 District) . John Pasquarello told the board that he would like to knock down the wall and expand to make a family room. He said that the family room would only go up one story. Mr. Feeherry moved to grant the special permit to build a 9' x 9'g feet one story addition as per plans. Mr. Hacker seconded the motion. VOTING TO GRANT: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. Piemonte. 43 Belleview Avenue - Joyce Cahill Petitioner is requesting a special permit for a home occupation of an answering service at 43 Belleview Avenue (R-1 District) . Joyce Cahill said that the Telephone Company will install the system with • 100 lines which one person can handle. Mr. Feeherry asked who would run the service while she is out. Mrs. Cahill stated that her daughter, her husband, and her son. She said that there is another service in Salem but there is a waiting list. She said that this company merged and many of the clients are unhappy with their service. Mr. Feeherry moved to grant the Special Permit to operate a telephone answering service at this site upon the following conditions: not more than 1 person to operate this service in addition to those who reside in the property and obtain a certificate of use and occupancy from the Building Inspector prior to commencing this use. Mr. Hacker seconded the motion. VOTIONG TO GRANT: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. Piemonte. 57R Turner Street - Miller Wharf (Continuation) Petitioner is requesting a variance to operate a full service marina including floating slips, gasoline an oil storage and sales, marine hardware and supply, haul-out facilities, sales, service, repair, and storage of boats and motors, snack-bar and dining facilities and to validate construction of addition over the pier at 57R Turner Street. Mr. Feeherry asked how many slips at the existing marina. Mr. Tassinari said there are 130 slips and there would not be a change in the number. Mr. Donaldson said that there were 120 parking spaces on old portion and 33 spaces on new portion during the summer season . • Mr. Donaldson took out the floor plan of the restaurant for seating arrangements. Mr. Feeherry asked about the number of seatings. Mr. Donaldson said that there is 32 existing seatings and 32 additional seating next door with • a total of 74 seats. He said there are some outside but none of them are used. Mr. Donaldson proposed to put in a ramp and enclose the two buildings together with a roof. He also said that he would remove the outside table so as to stop the noise and have more control. Mr. Tassinari said there are toilet facilities on site. Mr. Feeherry asked about the pier. Mr. Purcell said that there was a problem with that, since there was building on the pier illegally without permits. Mr. Donaldson said it was built without permits but had been cleared with the Building Inspector. He said that the Building Inspector said that the it was not in his jurisdiction since it was over water. It was completed over two years ago. Mr. McIntosh said that if you get a different Building Inspector, he may require a building permit. Mr. Feeherry asked about the status of the structure today. Mr. McIntosh said that it was built safely but he is not satisfied with the current condition. He said they are in the process of fixing it up. Mr. Purcell said that it is 90% complete and that the roof had blown off. Mr. Donaldson said that he will do what ever the Building Inspector wants. Mr. Feeherry stated that the construction on the pier has changed the character from seasonal to a restaurant. He wanted to know how this came about. Mr. Tassinari said that Al Potorski asked for permission 2 years ago. Mr. Donaldson said that the restaurant would be seasonal. Mr. Purcell said that the season would probably run from May 1 through the end of November depending on weather. A letter from Vivian Kardaris of Lobster Unlimited was in favor. Mr. • Purcell submitted a petition of 42 area residents in favor. Teresa Cabral, secretary for the White Street condominiums was in opposition. She said that she chose to live there since it was in a historic neighborhood. Ms. Cabral said that the noise factor because they are working on boats is aweful. She said that fire concerns her. She said that the access to White Street on Saturday is a problem with fire engines to get through. She is also concerned for the lack of security. There is only on person in the evening . She said that there is drinking at the boatyard at night. Anna Lischynski, Mr. Longval, Gary Bert, Anthony Iwanicki, Sylvia Sowicki, Ed Stevenson, and Diane Gathlan were all opposed because of some of the following. reasons: traffic; entry on Turner Street; attracts pedestrians; security ; sleeping in the boats; property on eye soar; and parking in tow areas. Brad Northrop had constructive suggestions. (See letters in file) . Mr. Tassinari showed some before and after pictures. Mr. Feeherry said that he did not question the benefits of the improvements but the question of the expansion. Mr. Tassinari said that the seating capacity has not changed inside. Hearing was closed. Mr. Piemonte asked if the expansion could have a time limit. Mr. Feehery said yes , limit it to year so as to comply with the problems. He said that he did not like the violations and keeping an extension with no permits. Mr. Feeherry said that the extension of the building on the pier should be torn down and reinstitute the tables on the pier and the tables in front. He said he could not imaging living next the the expanded restaurant. He said he did not • when it was a snack bars it was walk-ins and in the rain there was no operation. • He said that this is an expanding commercial use in a residential area. Mr. Piemonte said that if there could be some improvements made for the neighbors then there could be some kind of service. Mr. Hacker asked if it is denied will there be two years before they could reapply. Mr. Hopper said that if it is a substantially different proposal they can. Mr. Feeherry said that there needs to be a specific plan of where, when, and time for the marina. Mr. Hopper was concerned with the traffic . on Turner Street. Mr. Donaldson said to limit this entrance to foot traffic. Mr. Feeherry felt that the petitioiner and the neighbors could have gotten together and come to some kind of agreement with suggestions from Mr. Northrup' s letter. He said that he thinks that everyone is favorable of the marina. He said that they should go back to the drawing board and devise a new plan to accept a larger percentage. Mr. Hopper is not in favor of a full-service marina without full plans and he also has mixed feelings about the restaurant. Mr. Feeherry said that all the time petitioners and neighbors get together to address concerns, but this was not done in this case. Mr. Piemonte suggested that the petitioners try for another continuance to work things out with the neighbors. Mr. Feeherry suggested for them to use Mr. Northrup' s suggestions. Mr. Piemonte said that they are trying to get both groups together to cooperate, but in this case both groups are hostile. Mr. Feeherry said that he has tried to work on the problems and is inclined to deny the request. Mr. Hopper moved to deny the special permit/variance. Mr. Feeherry seconded the motion. Mr. Hopper and Mr. Feeherry voted to deny. Mr. Hacker • voted to grant. Mr. Piemonte voted present. 63 Federal Street - John Serafini Petitioner is requesting a variance to use the building at 63 Federal Street (R-3 District) for professional offices. Atty. John Serafini stated that he wanted to move offices to this building. He said that there will be parking and there will not be any structural changes. Mr. Feeherry moved to grant the variance for use of professional and residential use not to exceed 4 units upon the following conditions: 6 parking spaces and a certificate of occupancy by the Building Inspector. Mr. Hacker seconded the motion. VOTING TO GRANT: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. Piemonte. The next meeting will be May 26, 1982. The meeting was adjourned. Respectfully Submitted, Clerk • CHC of '�$UlEm, AUSSU*9effs PaxrD of �►}�erz1 �O14M8�` MINUTES OF THE BOARD OF APPEAL HEARING - SEPTEMBER 1, 1982 A public hearing of the Salem Board of Appeal was held Wednesday, September 1, 1982 at 7:00 p.m. on the 2nd floor, One Salem Green. Notice of said hearing having been duly published in the Salem Evening on August 18, 25, 1982; abuttors and other interested persons were notified by mail. Present were Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. LaBrecque and Mr. Luzinski. 43 Essex Street - Ralph Schiavone Continued from June 2, 1982. Petitioner is requesting a Special Permit for the alteration or enlargement of an existing non-conforming building or use. Attorney Litman represented the petitioner. He displayed plans and explained that the petitioner wants to square off the door to increase the bay area and to add a second floor to be used for a bathroom and storage area. The first floor will be used for repair work. A petition signed by neighbors saying they had no objections was presented to the board. No one appeared in opposition. Hearing closed. Mr. Schiavone was questioned regarding the gas pumps and the sale of gas. He said the pumps would remain, but only for their own use. He also said there would be no change ~� in the hours of operation, 8:30 a.m. to 5: 30 p.m. , no weekend hours. Mr. Feeherry r moved to grant the petition on condition that all work be in strict accordance with plans on file, no gasoline to be sold to the public, no storage of automobiles. Mr. LaBrecque seconded. VOTING TO GRANT: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. LaBrecque. Mr. Luzinski voted present. GRANTED. 271 Jefferson Avenue - James Armstrong (Petitioner) , Laurent E. Fontaine (Owner) Petitioner is requesting a variance to allow the property to be used for a Pet Shop. Mr. Feeherry read a letter from"the Fire Department (on file) . Mr. Armstrong spoke on his own behalf, he stated the Pet Shop would be on the first floor, he lives in the apartment on the second floor and there is an apartment on the third floor. He stated he has been in .business for 4'k years, on Essex Street, the Essex Street store would not remain open. When asked about parking, he said "there was parking in the rear, but no access to the store from there, most people park in front. Mr. Feeherry asked him how many cages there would be and if he would be boarding any animals. He said there would be six cages and no boarding, this would be a retail store. No one appeared in favor. In opposition, Mr. Emile Lariviere, owner of 275 Jefferson Ave. expressed concern about the noise keeping his tenants awake, there is only a driveway separating the buildings. Also worried about the feed attracting rodents. Mr. William Bailey, 74 Lawrence St. , concerned about the waste disposal and rodents. Mr. David Thorton asked about outside runs and cages, also noise and waste. Maureen Doron expressed same concerns, she owns 72 Lawrence St. Mr. Armstrong assured them there would be no outside runs or cages, waste would be removed dailey, there would be no noise from puppies, there is plenty of insulation, the noise they are presently hearing is from the dog on the third floor. Hearing closed. Mr. Feeherry asked him if it was Y S his intention to purchase the property, he said yes; Mr. Feeherry then asked if he would object to the condition that if granted it must remain owner occupied, he said he had no objections to that. Mr. Feeherry also said he would like to limit the hours to 10 to 8 mon. throught Sao. and 1 to 6 on Sun. Mr. Luzinski questioned the type of animals, Mr. Armstrong said he would have some exotic pets, but nothing poisonous. Mr. Feeherry moved to grant on condition that shop is soundproofed to satisfaction of MINUTES - SEPTEMBER 1, 1982 • page two 271 Jefferson Avenue (Continued) the Building Inspector, that no refuse is to be stored outside, there will be no boarding of animals, there will be no outside runs or cages, the hours will be 10:00 a.m. - 8:00 p.m. Monday through Saturday, 1:00 p.m. - 6:00 p.m. on Sundays, variance will remain in effect only as long as the petitioner resides at the property. Mr. Luzinski seconded. VOTING TO GRANT: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. LaBrecque and Mr. Luzinski. GRANTED 99 & 99' Broadway - D.E.V. Realty Trust, John L. Hyland Jr. , TR. Petitioner is requesting a variance to divide property into two lots. Attorney John Tierney presented the case. He explained how the lot would be divide, stated there would be no structural changes. The lots are commonly owned. Mr. John Walsh, 95 Broadway spoke in favor. There was no opposition. Hearing closed. Mr. Feeherry moved to grant all variances from density regulations in strict accordance with plan submitted. Mr. LaBrecque seconded. VOTING TO GRANT: Mr. Feeherry, Mr. Hacker, Mr. •Hopper, Mr. LaBrecque and Mr. Luzinski. GRANTED. 36 Dearborn Street - Richard & Rita Savickev Petitioner is requesting a variance from side yard requirements to build a 2 car garage. Attorney Terence Burke presented the case. He displayed plans and explained that the garage would be 3 ft. from property line on Moulton Ave. , the driveway would be on Dearborn st. Speaking in favor were Paul Savage, 37 Dearborn St. , Dick Opolski, 34 Dearborn St. and Mr. Morency, 4 Moulton Ave. They all felt that Mr. Savickey had improved the property and added to property values. Mr. Albert Pitcoff, 38 Dearborn St. spoke in opposition. He complained about a camper which had been parked on the side of the house, and a commercial vehicle which was parked in front. I was his feeling that the garage would not alleviate the parking problem as Mr. Savickey owns two antique autos which would be housed in the garage. He objected to the gravel driveway and to the driveway being on the Dearborn side, said it would fit the neighbor- hood better if the driveway was on the Moulton Ave. side. Atty. Burke, at this time presented a petition signed by some abuttors favoring the petition. In answer to Mr. Pitcoff's objections, he said the pick-up truck was not a commercial vehicle, there is no lettering on it, the reason for the driveway being on the Dearborn side was because Mr. Savickey felt it was a safer location. Mr. McDermott agreed with all Mr. Pitcoff' s objections and also felt that the design of the doors should be less rounded. Hearing closed. Mr. Savickey was asked why the garage could not be put in back as he had plenty of room, he said he wanted to maintain yard area. Mr. Hacker moved to deny the petition as petitioner failed to establish hardship, Mr. Luzinski seconded. VOTING TO DENY: Mr. Hacker, Mr. Luzinski. Voting present: Mr. Feeherry, Mr. Hopper & Mr. LaBrecque. DENIED MINUTES - SEPTEMBER 1, 1982 page three 94 Ocean Avenue - C. Emerson Dahmen & Celeste D. Miller Petitioner is requesting a Special Permit from rear yard requirements to build an addition to an existing non-conforming garage. Mr. Feeherry read the letter from the fire department (on file) which states he is in violation of Salem Fire Codes as regards to use, storage of flammables without a permit, no smoke detectors, use of building for boat repairs, storage of a large boat in yard which presents a hazard. Mr. Dahmen spoke in his own behalf, stating that this was the first he had heard about this letter from the fire department. He said he does not store flammables, all he has on the premises is some paint cans, that the boat in the yard is his own personal boat, he is in the boat repair business, but uses a boat yard to do the repairs. He described the existing building as having 2 bays with a wall down the center, the bays are approximately 19 ' x 19' , not enough room for 2 full size cars. No one appeared in favor or opposed. Hearing closed. Mr. Dahmen was asked if he had any intentions of using the area for repair work in the future, he said there were no such plans at the present time. Mr. Feeherry moved to grant the petition on condition that the 22 ' x 24' addition be in strict accordance with plans on file; that the exterior match existing structure as closely as possible, subject to approval of the Fire Marshall, Certificate of Occupancy and Use will be obtained prior to use. Mr. Luzinski seconded. VOTING TO GRANT: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. LaBrecque and Mr. Luzinski. GRANTED 9 Orleans Avenue - James & Julia Filaccio . Petitioner is requesting a Variance from side line requirements to build a carport to within one foot of property line. Mr. Filaccio showed plans to the board. Mr. Charles Baletsa, 10 Orleans Avenue, spoke in favor of the petition, there was no opposition, hearing closed. The Board asked Mr. Filaccio what materials he would be using, he said it would be pipe, wood and shingles; sides would be open and it wo�71d be 14' x 26' . Mr. Feeherry made the motion to grant the petition on condition that all work be in strict accordance with plans on file. Mr. Hopper seconded the motion. VOTING TO GRANT; Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. LaBrecque and Mr. Luzinski. GRANTED. The next scheduled meeting of the Board will be 7:00 P.M. on September 2, 1982, The meeting adjourned at 9:18 P.M. Respectfully submitte , ,Brenda M. Sumrall Clerk ( itV of ttlEm, Httssttcl�usE##s s � PuurD of '4Fettl / MINUTES OF THE BOARD OF APPEAL HEARING - SEPTEMBER 2, 1982 A public hearing of the Salem Board of Appeal was held Thursday, September 2, 1982 at 7:00 p.m. on the 2nd floor, One Salem Green. Notice of said hearing having been duly published in the Salem Evening News on August 19, 26, 1982: abuttors and other interested persons were notified by mail . Present were Mr. Feeherry, Mr. Hopper, Mr. Hacker and Mr. Luzinski 162 & 162'k North Street - Robert E. Gauthier & Michael E. Murphy Petitioners are requesting a Special Permit at each location to convert the existing third floors into four room apartments. These petitions were submitted as two individual cases, but the Board, with the approval of the petitioners heard them as a single case. Mr. Gauthier spoke on his own behalf, he stated that he was trying to keep his rents at the low or moderate income level, but presently his mortgage exceeds his rental income. He felt the addition of these apartments would not add to any parking problems on North St. as he has ample parking at each lot, be has five spaces at each site, they are presently partially paved. Mr. David Jacquith, 11 Ober St. , Beverly, architect, displayed plans to the Board. No one appeared in opposition, the hearing was closed. Mr. Gauthier was asked about egresses, said each site had two means of egress. Mr. Feeherry made a motion to grant the petition on condition that all work will be in strict accordance with plans on file, petitioners will comply with all fire codes, that five parking spaces will be maintained at each site, they will be paved, and theiwill obtain a Certificate of Occupancy and Use prior to renting these apartments, Mr: Luzinski seconded. VOTING TO GRANT: Mr. Feeherry, Mr. Hacker, Mr. Hopper and Mr. Luzinski. GRANTED. 13 Wall Street - Gregory Vervotos Petitioner is seeking a Special Permit for a two story; 16' x 24' addition which will encroach to within 7 feet of side line. Mr. Feeherry read letter from Fire Department (on file) . Mr. Zolotas, who had signed as the petitioner, but is in fact the contractor, explained the plans to the Board. This will be a two story addition, first floor will be a garage, second floor will be a family room. No one appeared in favor or in opposition, the hearing was closed. Mr. Zolotas told the Board that there presently is no garage there, entry will be from Wall Street. He also said he would be using wood shingle which would match as closely as possible the existing structure. Mr. Feeherry made a motion to grant the petition on condition that all work be in strict accordance with plans on file, the exterior will be wood shingles and will match as closely as possible the existing structure, a Certificate of Occupancy and Use will be obtained prior to use. Mr. Hacker seconded . VOTING TO GRANT: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. Luzinski . GRANTED. MINUTES - SEPTEMBER 2, 1982 page two 28 NORMAN STREET - Stern Group I Petitioner is requesting an extension and re-establishment of rights regarding a Variance which was granted August 19, 1981 for 25 residential units. Mr. Feeherry read a letter from the Fire Department (on file) . Attorney George Vallis repres- ented the petitioners. He told the Board that no changes have been made since the Variance was granted, work has not been done due to the market being down. A letter in support of the petition from the Salem Redevelopment Authority was read and placed on file. No one appeared in favor. Mr. Jack Keilty of Peabody, representing Frank Montesi, 15 Crombie St. spoke in opposition. Hearing closed. Mr. Feeherry made a motion to grant the extension of the Variance under Mass. General Laws Chapter 40A, Section II, in strict accordance with all conditions of 'prior decision, extension to be from September 22, 1982 through and including September 22, 1983. Mr. Luzinski seconded. VOTING TO GRANT: Mr. Feeherry, Mr. Hackers Mr. Hopper, Mr. Luzinski. GRANTED 125 Derby Street - Robert E. Bramble Trustee of Allyn Realty Trust Petitioner is requesting a Special Permit to convert existing four family dwelling unit into four unit condominium. Attorney George Vallis represented the petitioner. He expressed his reluctance to have the case heard by only four members of the Board, but decided to go ahead. He told the Board that Mr. Bramble purchased the property on Jan. 2, 1982 and he showed them the purchase and sale agreement. He has applied to be put on National Historic Register. Property is in need of a good deal of restoration, extensive repair work has already been done. The • Salem Historic Commission has approved the plans. The property has no parking, it never had any. Property was purchased from the House of Seven Gable Settlement association with the agreement that, if they joined the Settlement, they will be provided with parking spaces. The parking problem will exist whether it remains an apartment building or a condominium. He assured the Board that there would be no commercial use of the property. He asked for the six month waiting period be waived .as the building is presently vacant. The Board asked if Mr. Bramble had any plans to sell, he said he does not, at this time, for tax purposes he must keep it for at least five years. Mr. Vallis pointed out that even though the property is filed as a condominium the owner can still rent. Estimated cost of these units would be in the 60/70 thousand dollar range. Nocone appeared in favor or in opposition. Hearing closed. Mr. Feeherry made a motion to grant the petition on condition that all work be in strict accordance with plans on file, no commercial use of property, Certificate of Occupancy and Use be obtained prior sale or rent, the six month waiting period be waived. Mr. Hopper seconded. VOTING TO GRANT: Mr. Feeherry, Mr. Hopper, Mr. Hacker, Mr. Luzinski. GRANTED. 11 & Ilk Mason Street - John J. Suldenski Petitioner is requesting a Special Permit to convert a single family dwelling at 11 Mason Street to a two family, and a Special Permit to convert a two family dwel- ling at 11h Mason Street to a three family; these were submitted as two separate petitions but the Board and the petitioner agreed to have them heard together. Attorney George Vallis represented the petitioner. He displayed plans of the pro- posed work (on file) and showed pictures of the property. He said the property is in an Industrial District and is a non-conforming use, granting of these petitions would not be detrimental to the neighborhood. MINUTES - SEPTEMBER 2, 1982 page three 11 & Ilk MASON St. (continued) When asked about the parking situation, he showed the Board,on the plot plan, the location of five parking spaces. Two of these spaces would be behind 11 Mason, and three spaces behind Ilk Mason. Mr. Suldenski already owns 11 Mason and has a purchase and sale agreement for Ilk Mason, this would create a right of way. He also said the parking area would be paved as would the driveway . A petition signed by the abutters was submitted to the Board (in favor) . Mr. Feeherry asked Mr. Suldenski if he would have any objections, should the petition be granted, if one of the conditions were that the Special Permit would only be good as long as the property remained owner occupied. Mr. Suldenski said he would have no object- ions to that condition. Mr. Albert Pitcoff spoke in favor. Mrs . Jeannette Brault, 9 Mason Street, spoke in opposition. She was concerned about the parking and about the driveway. Her.'-.'.fence abuts the driveway and she did not think:'the driveway was wide enough. Mr. Feeherry asked her if she would be satisfied if the number of parking spaces was restricted. She said she did not think any parking should be allowed, the driveway was narrow and she was afraid of her fence being damaged. Hearing closed. Mr. Feeherry made a motion to grant the petition on condition that 11 Mason Street remain owner occupied, Ilk Mason Street will revert 'back to a two family if it is sold or transferred to anyone except an owner occupant, parking for no more than two will be maintained in the rear, and a Certificate of Occupancy and Use will be obtained prior to renting. Mr. Luzinski seconded. VOTING TO GRANT: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. Luzinski . GRANTED. After a bzief discussion regarding the parking situation, Mr: Feeherry made a motion to AMEND his previous motion to say the petition has the right to increase parking up to a maximum of five spaces providing he gets a written agreement from —/ Mrs. Brault and submits it to the Board. No hearing will be needed. Mr. Luzinski seconded. VOTING TO AMEND: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. Luzinski . The next scheduled meeting of the Board will be on September 29, 1982 at 7:00 p.m. , second floor of One Salem Green. Meeting adjourned at 9:09 P.M. Respectfully Submitted, Brenda M. Sumrall Clerk 1' t a Ctg of "Mem, 'fflttssadjusetts pourb of ,�ppvI MINUTES OF THE BOARD OF APPEAL - SEPTEMBER 29, 1982 A Public Hearing of the Salem Board of Appeal was held Wednesday, September 29, 1982 at 7:00 p.m. on the 2nd floor of One Salem Green. Notice of said hearing having been duly published in the Salem Evening News on September 15, 22, 1982: abuttors and other interested persons were notified by mail . Present were: Mr. Feeherry, Mr. Hopper, Mr. Hacker and Mr.LaBrecque, also present was Associate Member Mr. Luzinski. 2A North Pine Street - John D. Spinale Petitioner is requesting a Variance from density requirements to convert an existing Carriage House to a single family residence. Mr. Feeherry read the petition and a letter from the Fire Dept. (on file) . Attorney Robert D Bowes represented the petition. He displayed plans and pictures, explained that the structure was a two story structure which is presently being used for the storage of a car. Mr. Spinale plans to have an enclosed garage on the first level and living area on the second. Mr. Feeherry then read a letter from the Salem Historical NCommission (on file) stating thet were in favor of the petition_ Mr. Bowes said that the building had been moved to this site, but where it was moved from or its original use has been lost in antiquity. > No one appeared in favor. Appearing in opposition were-Thomas & Laura Bryson,' 2 North Pine St. , they were upset with the address being 2A North Pine, also felt the property should be surveyed again, at least on the side. William White, 398 Essex St.. was concerned that Mr. Spinale would not occupy the building also, the area is so congested he would rather the building remain a carriage house. Mr. Richard Bowen, 4 North Pine St. , also opposed because the congestion in the area. Attorney Bowes said that this would not necessarily increase traffic. Mr. Piemonte question Mr . Bowes on the survey issue, was the building on neighbors property. Mr. Bowes said there was no problem with the lot, if it is on someone else's property it has been that way since 1848 when the building was moved to this location. Mr. Piemont then asked where the hardship was, Mr. Bowes said it was on the land. Mr. Feeherry asked the Brysons if changing the number 2A to another number would satisfy their objection. They said they would like to see the number changed. Hearing closed. Mr. Piemonte : said that as long as the Historic Commission had no objections and it will be owner occupied that he had no objections. Mr. Feeherry made a motion to grant the petition on condition it will be used only as a single family dwelling, single parking space will be maintained at the site, it will be owner occupied, if not, this variance will terminate and the property can only be used as a garage, must make a reasonable effort to change the number of the property, Certificate of Occupancy and Use must be obtained prior to use, all exterior work must meet the approval of the Historical Commission, must obtain a Certificate of Compliance from the Fire Marshal, Mr. Labrecque seconded. VOTING TO GRANT: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. LaBrecque and Mr. Piemonte. Mr. Luzinski was not a voting member. GRANTED. • MINUTES - SEPTEMBER 29, 1982 page two 278 Lafayette St. - Francine Small (Petitioner) , Marie Plamondon (Owner) • Petitioner is requesting a Variance to temporarily relocate a Bridal Shoppe in an existing carriage house. Mr'. Feeherry read the petition and a letter from the Fire Marshal (on file) . He also read a letter in favor from Councillor Jean Marie Rochna (on file) . Attorney George Vallis represented the petitioner. He ex- plained that the original business was destroyed in the Masonic Temple fire. He said some work had been started due the bad shape of the buildings. Mrs Plamondon has owned this property for 29 years and this type of business would not be inconsistent with types of businesses already in this neighborhood. He cited some examples. Mr. Feeherry asked about the number of employees, he said they employ two''full time workers and two part time workers, there are usually three on the premises at a time. Mr. Piemonte asked about the parking situation. Mr. Vallis said there are presently 10 spaces, 3 of which are used by the tenants. He also said that two seamstresses have no cars and the bookkeeper does not work at the location. Mr. Piemonte suggested that perhaps a certain amount of parking should be established, at least 4 spaces for the operation of the business. Mr. Vallis was then asked about signs, he said they had not given any thought to signs as yet but he was familiar with the sign ordinance. He said the Bridal Shoppe has been doing business in Salem for many years, it is a quiet business . He explained they did not make the dresses there, they did alterations. The hardship is economic, they would like this location for at least two years. He then presented a petition- signed by the abutters in favor of this request. Councillor John Nutting spoke in favor of the petition. There was no opposition. Hearing closed. Mr. Piemonte asked if it was necessary to limit them to two years. Mr. Feeherry said they could possibly sell the house and the Board could lose control . Mr. Feeherry made a motion to grant the petition on condition that the variance is • for two years, they can come back and request an extension; no less than 4 parking spaces for the public; must comply with the Fire Codes; a Certificate of Occupance and Use must be obtained prior to use; exterior lights will limit its effect on neighbors and must be approved by the Building Inspector; any sign must be in accordance with the sign ordinance. Mr. LaBrecque seconded. VOTING TO GRANT: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. LaBrecque, Mr. Piemonte. GRANTED. 9 Cloverdale Avenue - William & Ann Porcello Petitioner is requesting a variance to encroach on setback requirements on side yard in order to construct a 16' x 10.9' addition. Mr. Feeherry read the petition and a letter from the Fire Marshal.'(on file) . Mr. Porcello represented himself. He gave the members of the Board copies of letters (on file) addressed to the Board in which he explained What he was planning on doing. He submitted plans of the proposed work and explained about the landscaping he has done on Verona St. He also said the kitchen had to be located on the side rather than the rear because of the layout of the house, he' wind up with a split kitchen. No one appeared in favor or in opposition. Hearing closed. The Board expressed some concern regarding the possibility of Verona becoming more than just a paper street. Mr. Feeherry made a motion to grant the petition to extend side yard to 0' to con- struct a 16' x 10;9 ' one story addition as per plans, he must obtain a Certificate of Occupancy and Use prior to using the addition, must submit detailed plans to the Building Inspector when he request a building permit and get a Certificate of Compliance form the Fire Marshal. Mr. Hacker Seconded. VOTING TO GRANT: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. LaBrecque, Mr. Piemonte. GRANTED. MINUTES - SEPTEMBER 29, 1982 page three 19 Beach Avenue - Neal & Maureen Joyce • Petitioner is requesting a Special Permit to extend non-conforming front yard requirements to remove present steps, and construct new steps. Mr. Feeherry read the petition and a letter from the Fire Marshal (on file) . Attorney Robert LeDeux represented the petitoner. He explained' the plans to the Board, the new steps would be 2 feet from the front line, this is a minor change as the present steps are 3.8' from the front line. No one appeared in favor or in opposition Hearing closed. Mr. Feeherry made the motion to grant the petition on condition that all work be in accordance with plans on file, a Building Permit be obtained, and a Certificate of Compliance shall be obtained from the Fire Marshall. Mr. Piemonte seconded. VOTING TO GRANT: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. LaBrecque, Mr. Piemont. GRANTED 20 Glendale St. - Robert T. Marsilia (petitioner) , Year End Realty Trust (Owner) Petitioner is requesting a Variance from minimum lot area to build a single family dwelling. Mr. Feeherry read the petition and the letter from the Fire Marshal. , (on file) . Mr. Marsilia represented himself, he displayed plans to the Board , explained that the lot is 6000 square feet and is presently occupied by a 2 car garage which he intends to remove. Mr. Feeherry asked him about the parking and he said he would leave the driveway. Julie Taches and Mary Ftuart of Year End Realty Trust, owners of the lot and owners of 24 Glendale St. spoke in favor. Mr. Joseph Kerwin, 21 Essex St. , Saugus, spoke in opposition. He explained that he was the boyfriend of an abutter and the neighbors had asked him to speak of their behalf. He told the Board the area is a very congested area with a lot of traffic and a bad • parking problem. He said he did not feel this was a hardship as'Mr. Marsilia does not own the property. The garage is presently being leased. Dorothy Dowdowicz, 18 Glendale St. also concerned about congestion and parking, this lot is presently used for parking, the people at 24 Glendale St. use it and she wondered where they would park if this is granted. The owners replied that they would provide parking for their tenants. Mr. Kerwin then submitted a petition in opposition signed by the abutters. Mr. Octave Dion, 14 Glendale, opposed, congestion and parking. Claire Arsenault, 21', Glendale °t. , felt that leaving the lot vacant would solve the parking problem. Mr. Marsilia agreed the parking situation was a legitimate concern, but felt the cause of the problem was the Boat Yard. Bob Amodeo, 15 Glendale St and Marie Eastman, 13 Glendale St. , both opposed, parking and congestion. Councillor Nutting said the Boat Yard caused a good deal of traffic and had no parking. Hearing closed. Mr. Piemonte said he did not think this would intensify the problem and he felt the owners of 24 Glendale have made an effort to solve the parking problem. The property right now is an eyesore. Mr. Hacker said he would like to grant it but there were too many neighbors against it. Mr. Marsilia, at this time, asked if he could withdraw. Mr. Piemonte made the motion to allow the petitioner to withdraw without prejudice. Mr. Feeherry seconded. VOTING LEAVE TO WITHDRAW: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. LaBrecque andMr. Piemonte. Mr. LaBrecque had to leave at this time (9: 15 p.m.) Mr. Luzinski is now a voting member. • MINUTES - SEPTEMBER 29, 1982 page four 20 COMMERCIAL STREET - Paul J. Lyons, Jeannette Realty Trust iPetitioner is requesting a variance from side and rear yard density to erect an addition to an existing building. Mr. Hacker went on record, saying he had plumbing work done by Mr. Lyons but did notvfeel this would influence his decision. Mr. Feeherry read the petition and the letter from the Fire Marshal (on file) . Mr Feeherry asked Mr. Lyons if he had read the letter of objection from Attorney Raimondi concerning Williams Simmons and Beatrice Deyermond whose property abuts at the rear (on file) . Mr. Lyons said he had read and did intend to have a retaining wall. When asked about the height of the addition, he said it had not been determined as yet but he thought it would be the same as the wall andcshop, about 22 feet. No one appeared in favor. Attorney Raimondi spoke for his clients in opposition. Heyexplained that his clients were getting on in years, they have a very pretty back yard which they enjoyed and which they would like to continue to enjoy (picture of yard on file) . They are also concerned with the filling that is going on, saying it is causing drainage problems. Said he would like to see a retaining wall and a stockade fence on top of the wall. Mr. Feeherry asked if the trees on the other side are coming down, he said no, just on our side. Hearing closed. Mr. Feeherry made a motion to grant the petition and allow the construction of a 5000 sq. ft. addition, 22 feet in height, as shown on plans on condition that there will be a retaining wall at rear property line between their property and the Simmons, Deyermond property; there will be a 6 ft. stockade fence on top of the retaining wall, materials to be approved by the Building Inspector, detailed plans to be submitted to the Building Inspector, a Certificate of Occupancy and Use be obtained prior to use; must comply with all fire and safety code. Mr. Luzinski seconded. VOTING TO GRANT: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. Piemonte, and Mr. Luzinski. GRANTED. • 16 GRANITE STREET - Leonard J. Lowe Petitioner is requesting a variance to install a pool too close to foundations . Mr. McDuff of McDuff Inc. represented Mr. Lowe. Mr. McDuff showed plans to the Board. No appeared in favor or in opposition, hearing closed. Mr. Feeherry made a motion to grant the petition to allow construction of a pool to within 5 '6" of the foundation on condition that construction be in strict accordance with plans on file, all safety regulations will be complied with, all conditions of the building permit issued by the Building Inspector must be complied.with. Mr. Luzinski seconded the motion. VOTING TO GRANT: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. Piemonte, Mr. Luzinski. GRANTED. Mr. James Hacker was elected Chairman, Mr. Joseph Piemonte, Vice Chairman:' and Mr. Anthony Feeherry, Secretary. The next meetings were scheduled for October 20th and October 27, 1982, 7:00 p.m. on the 2nd floor, One Salem Green. Meeting adjourned at 10:05 p.m. Respectfully submitted, Brenda M. Sumrall Clerk, Board of Appeal • �w.cova, 3" (9itV of Safem, fflassar4usetts MINUTES OF THE BOARD OF APPEAL - OCTOBER 20 1982 A Public Hearing of the Salem Board of Appeal was held Wednesday, October 20, 1982 at 7:00 p.m. on the 2nd floor of One Salem Green. Notice of said hearing having been duly advertised in the Salem Evening News on October 6, 13, 1982; abuttors and other interested persons were notified by mail. Present were: Mr. Hacker, Mr. Piemonte, Mr. Hopper and Mr. Feeherry. Mr. Hacker made note that only four members were present, which is a quorum, but all decisions need a unanimous vote. 7 Summit Avenue - Mary E. Jennings Jeni-May Realty Trust Petitioner is requesting a variance to convert the existing dwelling into a three family dwelling. Mr. Feeherry read the petition, he also read letters from the Fire Marshal, the Building Inspector and Mr. Donald Bixby (all on file) Attorney William Donaldson represented the petitioner. It was noted that the petitioner had been before the Board before for the same property. Mr. Hopper asked if the two years have lapsed. Mr. Donaldson said no, the last petition was June 10, 1981. Mr. Piemonte said that unless there is a substantial change you • must wait the two years. Mr. Hacker asked how this petition was different. Mr. Donaldson said the last petition was a request for a third gas and electric meter . He submitted an income/expense summary which he said showed a financial hardship Mr. Feeherry said the petition looked identical to him. Mr. Hacker asked if there wasn' t something in the minutes from last year about them being able to come back if they could work it out with the neighbors. Mr. Hopper, I would like to hear more evidence. Mr. Piemonte, I think our decision to hear this should be based on the decision, not the minutes. Mr. Hacker, I think we should listen and then decide . Mr. Feeherry read from the -Lam which says there must be a substantial difference . Mr. Donaldson said the last petition was asking if it was a three family, this one is asking if it can be a three family. The Board decided to vote on whether to hear the petition. Mr. Feeherry moved to hear, Mr. Piemonte seconded. UNANIMOUSLY VOTED TO HEAR PETITION. Attorney Donaldson told the Board that the property was bought December 29, 1977 as a 3 family. He showed the Purchase Agreement and a letter from the Assessor showing it has been assessed at a 3 family. It has been used as a 3 family until they needed a water meter. He displayed plans and showed on plot plans the many multi-family dwellings in that area. Mr. Feeherry asked about the parking. Mr . Donaldson said there is a two car garage and room for three cars on property. He said the garage is presently being rented but could be made available to tenants . Mr. Donaldson said the smoke detectors would be installed immediately. Speaking in favor was Bob McGuire, former owner. He stated he had purchased the property as a 3'-family about 1975. Mary Jennings said she was shocked to find out this was not a legal 3 family, she has come to the Board because of financial difficulties, said it • is almost impossible to maintain this, financially, as a 2 family. Mr. Donald Bixby, 6 Eden St. , in opposition, acting as spokesman for abutters, stated they did not feel there was any hardship, they are not residents of Salem, they are absentee MINUTES - OCTOBER 20, 1982 page two 7 Summit Ave. - Continued • landlords; they have defied the orders of the Board of Appeal and the Building Inspector, have continued to use as a 3 family for 16 months; there is broken glass and beer bottles on sidewalk, derelict auto in the yard. All the abutters are opposed. He said the garage has never been used for cars, it was once used for a boat, is now a storeroom. He showed pictures of the property and submitted a petition of opposition signed by abutters (on file) . Yvonne Koulas, 9 Summit Ave , her main objection is that it is not owner occupied, John Kulas, 9 Summit Ave. , said gutters caused puddles in his yard. William Craig, 11 Summit Ave. , agreed with other abutters. Attorney Donaldson, in rebuttal, said it was irrelevant whether it was owner occupied or not, there is no indication that broken glass or beer bottles were frofii _the tenants, the gutters can be fixed. Mr. Hacker asked if they owned other property in Salem, yes they do. Hearing closed. Discussion - Mr. Piemonte said a financial hardship is necessary for a variance, Mr. Hacker did not feel this is a hardship as they own other rental property. Mr. Feeherry moved to deny the petition on grounds there are no special hardship, insufficient parking for 3 families, and it is unanimously opposed by the abutters. Mr. Hopper seconded. VOTING TO DENY: Mr. Feeherry, Mr. Hacker, Mr. LaBrecque, Mr. Piemonte. UNANIMOUSLY DENIED. 44-45 Cloverdale & Glenn Aves. - Joseph Romano (petitioner) Donald Emerton (Owner) Petitioner is requesting a Variance from minimum lot area to construct a single family dwelling. Mr. Feeherry read the petition and a letter from the Fire Marshal . On file. Mr. Frank Romano, 9 Greenlaw Avenue, represented the petitioner. He displayed plans and explained to the Board that they wanted to take two small vacant • lots and make one larger lot (Lot A) . This lot would not have the 15,000 sq . ft . necessary for a single family, it would be about 9,500 so. ft. It was noted that the assessors map has this property as Greenlawn Ave. , but in fact it would front on Cloverdale Ave. He explained that this has to be approved by the Planning Board, which is meeting tomorrow, all we are asking for now is whether we can build on this lot. He pointed out that similar requests in this area have been approved. Speaking in favor, Mr. William Kosell, he just wanted to ask the Board if they could grant a Variance before subdivision approval. He was told it could be done. No one appeared in opposition. Hearing closed. Mr. Piemonte said that even if the Planning Board approves, they would still have to come before this Board. The Board agreed that their decision tonight has nothing to do with anything in the future, there concern now is whether lot A can be built on, any variance granted or denied would be for lot coverage. Mr. Feeherry move to grant the variance to allow a single family home on the lot designated Lot A (9,273 sq. ft.) with frontage on Cloverdale Ave. (100.9 ft.) , nothing in this decision is in any way to be construed to have any effect on the future use of Lots B, C. & D. Mr. Hopper seconded. VOTING TO GRANT: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. LaBrecque, UNANIMOUSLY GRANTED 2 Ober St. - Roger A. Rogers Petitioner is requesting a Special Permit to extend a non-conforming structure. at rear of property. Mr. Feeherry read the petition and a letter from the Fire • MINUTES - OCTOBER 20, 1982 page three 2 Ober St. (Continued) • Marshal stating the Fire Department had no objections (on file) . It was noted this was advertised as a Variance, but called for a Special Permit as it is an extension of a non-conformity. Mr. Rogers addressed the Board, explained that this would be a 13k' x 16' addition which would be used as a bedroom. No one appeared in favor, no one appeared in opposition. Hearing closed. Mr. Feeherry moved to grant the Special Permit to construct a 13k' x 16' addition (one story) , detailed plans to be submitted to the Building Inspector, a Certificate of Occupancy and Use be obtained prior to use. Mr. Piemonte seconded. VOTING TO GRANT: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. Piemonte. UNANIMOUSLY GRANTED. 5 R. Commercial St. (Lot #45 R) - Louse Boisvert (Petitioner) SCM Corp (Owner) Petitioner is requesting a Special Permit as to use and Variance from density requirements. Mr. Feeherry read the petition and a letter from the Fire Marshal On file. Attorney John Serafini Jr. represented the petitioner. He explained the proposal to the Board and displayed plans (on file) . He said the Arro Manufacturing Co. has run a Machine Shop at Shetland Park for many years . When asked about the parking, he said they had seven employees, one company car and 12 parking spaces. Capt. Goggin, Fire Marshal, said he had no record of a welding permit for this company and he has nvrbeen given any plans. He said there is a problem with access, and was concerned about the water main and fire hydrant. Mr. Piemonte asked if they could get a fire truck in there. He said he would have to look at it . Mr. Feeherry asked why they needed a Special Permit, Att. Serafini explained that a Machine Shop is not a right in an Industrial Zone. The land is under a Purchase and Sale agreement. Variance from density regarding lot area, width, coverage, rear and side yard is also • needed. Speaking in favor, Mr. David Doyle, Arro Manufacturing, explained that their lease is up in February, they need more room. He also said there would be a 6" main, . No one appeared in opposition. Capt. Goggin said he would like to take a look at the site before anything was decided, it looks like it is only accessible from the front and they .like to have access from two sides. Mr. Feeherry made a motion to continue the case until next week, October 27, 1982, they will be the first on the agenda. Mr. Piemonte seconded. VOTING TO CONTINUE: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. Piemonte. CONTINUED TILL OCTOBER 27, 1982. 24 Turner St. - House of Seven Gables Settlement Association ' Petitioner is requesting Variances from density regulations for the construction of an addition. Mr. Feeherry read the petition and a letter from the Fire Marshal .'(,on file) . Mr. Feeherry went on record as being a contributing member of the Association and said his wife was active in it, however, he did not think this would influence his decision. Attorney Robert C. McCann, representing the petitioner, displayed plans to the Board. He told them there are 13 parking spaces all they need are five and these five will be maintained. We have been to the Historical Commission and we are going to the Planning Board to combine lots, Subdivision not necessary. This is a continuance of use. The Architect showed plans with some changes, the size of the addition is reduced. We will keep the present lawn landscaped. Mr. Feeherry reminded them that 5 spaces for the condominiums must remain, it has been recorded as such. Mr. Stevenson, Executive Director, explained said there would be handicapped access and restrooms. He explained that they need more room for their programs, ithe way it is now, we must stop one activity to make room for another activity, also we need • space for the staff, need kitchen to fix meals and to teach economics. Speaking in favor, Councillor Jean Marie Rochna, these services they provide are unique, this would provide for the handicapped and elderly, would combine all ages under one roof . MINUTES - OCTOBER 20, 1982 • page four 24 Turner St. (Continued) • Mr. John White, Member of the Senior Citizens, in favor, this would give us a place to go. Mr. Paul Landry, would like to encourage the board to grant this, felt it is in keeping with the rest of the neighborhood. Mr. Oscar Pagent, Historic Commission, the Commission voted unanimously in favor, he is not however, appearing officially. Interested citizen who is in favor. No one appeared in opposition. Hearing closed. Mr. Feeherry moved to grant variances from minimum depth, front, sideyard requirements and maximum height restrictions, to allow construction of an addition on condition it shall be in strict accordance with plans on file, that a Certificate of Occupancy and Use be obtained prior to use. Mr. Hopper seconded. VOTING TO GRANT: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. Piemonte. UNANIMOUSLY GRANTED Associate Member Edward Luzinski is now a voting member. 10 Cherry Hill Avenue - John J. Downey Petitioner is requesting a variance from density regulations to construct a garage. Mr. Feeherry read the petition and letter from the fire marshal . He also read letter from Mr. Hagele Jr. , in favor. (both on file) Mr. Downey represented himself. Mr. Piemonte asked why we are here to approve a garage that is already there. Mr. Downey said he had gone to the Building Inspector for a permit and was told the lot was not adequate. The garage is 907 built. Mr. Downey said he has owned these lots for 10 years. Mr. Piemonte asked why he had to come to the Board for a garage, Mr. McIntosh, Zoning Enforcement Officer and Building Inspector, explained that the Zoning Ordinance only said structure, and a garage is a structure • The garage has been built without a Building Permit and a stop work sign has been put on it. Mr. Luzinski asked Mr. Downey what he intended to do with the middle lot, he said he had no plans for it. Mr. Feeherry asked why he-didnt' put the garage there. He said because of the way the road is it would"be inconvenient. The Board was not happy with the plans, they said they would like more adequate plans . Mr. Feeherry suggested going to the planning board to have the lots canbined into a single lot, then he would not have to come to the board. Mr. Feeherry also suggested that Mr. Downey get some legal counsel' as he seemed to have some difficulty under- standing the procedure for combining his lots. Mr. Piemonte asked Mr. McIntosh if he could work with Mr. Downey on this so the board could get a clearer picture . Mr. Feeherry moved to continue this until October 27, 1982, Mr. Downey would be second on the agenda. Mr. Luzinski seconded. VOTING TO CONTINUE: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. Piemonte, Mr. Luzinski. CONTINUED TILL OCTOBER 27, 1982. 69 Mason St. - Bonnie Leather (petitioner) Ruth Realty Trust (owner) Petitioner is :requesting a Special Permit tofextent a non-conforming structure and non-conforming density and setback. Mr. Feeherry read the petition and a letter from the Fire Marshal (on file) . Attorneys Durkin, Ankeles and Bonfanti presented the case to the Board. Attorney Durkin explained displayed plans and explained that the addition was needed because of growth and new equipment. He told them the addition would be in the rear and in no way would change the looks of the existing building. No one appeared in favor or in opposition, hearing closed. The only discussion was regarding the sprinklers which come under the Building Code. Mr. Feeherry moved to grant the petition to allow the construction of an addition 950 sq. ft. and to recon- struct a loading dock on condition that all work be in strict accordance with plans on file, a Certificate of. Occupancy and Use be obtained prior to using the addition . Mr. Piemonte seconded. VOTING TO GRANT: Mr. Feeherry, Mr. Piemonte, Mr. Hacker, Mr. Hopper, Mr. Luzinski. GRANTED. MINUTES - OCTOBER 20, 1982 page five . 20 Linden Avenue - Leonard & Cecile Muller i Petitioner is requesting a Variance from rear yard setback requirements. Mr. Feeherry read the petition,and a letter from the Fire Marshal (on.-:,,file) . Mr. Feeherry said he lived at 18 Linden Ave. but as he is not a direct abuttor he would not abstain from voting. Mr. Muller represented himself, he showed the Board on the plot plan what he proposed, this would bring his rear setback to 20' . He said he planned to sell this section to Mr. Robert Bouchard. No one appeared in favor or in opposition. Hearing closed. Mr. Feeherry moved to grant variances from rear setback to 20' as well as minimum lot area and if necessary, maximum lot coverage. Mr. Hopper seconded. .VOTING TO GRANT: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. Piemonte, Mr. Luzinski. GRANTED Meeting adjourned at 10.00 p.m. Next meeting is scheduled for October 27, 1982, 7:00 p.m. , 2nd floor of One Salem Green. Respectfully submitted, Brenda M. Sumrall Clerk, Board of Appeal • • �y'Com , S 4 Ctv of "Stt1em, ttssttt se##s Poxrb of �Appvd MINUTES OF THE BOARD OF APPEAL - OCTOBER 27 1982 A Public Hearing of the Salem Board of Appeal was held Wednesday, October 27, 1982 at 7:00 p.m. on the 2nd floor of One Salem Green. Notice of said hearing having been duly advertised in the Salem Evening News on October 13, 20, 1982; abuttors and other interested persons were notified by mail. Present were: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. Piemonte and Mr. Luzinski . 5 R Commercial St. (Lot 45 R) - Louis Boisvert (petitioner) SCM Corp (owner) Continued from October 20, 1982. Petitioner is requesting a Special Permit as to use and Variances from density regulations to allow construction of an addition. Mr. Feeherry read the petition and letter from Fire Marshal (on file) . This case had been continued to allow the Fire Marshal to make an on site inspection to determine accessibility of fire trucks, water main and fire hydrant. Mr. Feeherry asked Capt. Goggin for his results. He told the Board that the petitioner had sub- mitted new modified plans which will leave 10 feet on the SW side, this will allow access for fire trucks. They will have to have a fire hydrant with a minimum 6" water main which will have to be approved by both the Fire Dept. and the City Engineer Mr. Hacker said he spoke with Mr. Fletcher and he saw no problems, however, the city will not pave this road nor will they maintain it in any way. Mr. Serafine said they understood this and accepted it. No one appeared in favor or in opposition, hearing closed. Mr. Feeherry moved to grant the Special Permit to allow the Metal Shop.and to grant the Variances from density regulations, on condition that 10 ft. on the SW side and 9 ft. in the rear, be maintained, construction of the addition be in strict accordance with plans submitted to the Board dated October 25, 1982, 11 parking spaces be maintained at the site, they will construct a water main and hydrant which will be subject to the approval of the Fire Marshal and the City Engineer, will obtain a Certificate of Occupancy and Use prior to use, nothing in this decision shall be construed to mean that this is a Public Way which should be paved or maintained by the city. Mr. Piemonted seconded. VOTING TO GRANT: Mr. Feeherry, Mr. Hacker, Mr Hopper, Mr. Piemonte, Mr. Luzinski. GRANTED. 10 Cherry Hill Avenue - John J. Downev Petitioner is requesting a variance from density regulations to construct a garage. This case was continued from the October 20, 1982 meeting. Mr. Feeherry asked Mr. Downey if he had received any help with this problem. He said someone told him that if he combined the two lots into one he would not need the Board of Appeal . Mr. Feeherry told him that that is one way to solve it, but if he changes the lots, he must record it at the Registry of Deeds. Mr. Piemonte told him he had alternatives and he should seek council, suggested perhaps withdrawing his petition at this time in order to seek council and to look into alternatives. Mr. Downey said he would like to withdraw. Mr. Hopper moved to grant Leave to Withdraw, Mr. Feeherry seconded. UNANIMOUSLY VOTED TO GRANT LEAVE TO WITHDRAW. MINUTES - OCTOBER 27, 1982 ' 'page two 122 Boston St. - Gilbert Lumbard Petitioner is requesting a Variance to convert prior business to a Studio Apartment. •J Mr. Feeherry read the petition and a letter from the Fire Marshal (ono file) . Mr. Lumbard represented himself, he said he had been before the Board in 1976 for this property. He was granted a Special Permit to convert to two studio apartments which he rents to Section 8 tenants, he has two five room apartments upstairs for a total of five residental units in two buildings. He said the area he wanted to convert was a beauty parlor and since they moved out he has been unable to rent the space. Mr. Feeherry asked about the- parking, Mr. Lumbard said he has eight places. He told the Board he runs<a variety store on the other side which he will continue to run. Speaking in favor Mr. Joseph Serasini, Housing Inspector for the City of Salem, he told the Board that Mr. Lumbard was one of their landlords, he maintains he places very well, they inspect them annually. He explained about the housing shortage for low income people, presently we have 15 people on the list, if this passes it will ' make another place for a low income person. He said he is speaking for the Housing Authority, he explained how the Housing Authority enters into a five year contract with landlords, the Housing subsidizes the rent, the apartments must be maintained properly. No one appeared in opposition. Hearing closed. Mr. Hopper was concerned about lack of hardship. Mr. Piemonte said he felt the hardship was that he had a business there and would have maintained a business if he had been able to. Mr. Feeherry asked if the Board could put some kind of time restrictions, perhaps as long as Mr. Lumbard runs his business and has a day to day interest, should he sell, the Variance would be no good, any new owners would have to come to the Board of Appeal if they wanted to continue the residential use. Mr. Feeherry moved to grant the petition to allow use of a portion of the first floor, NE portion, as shown on the plans, bring the total number of units to three, he must submit sufficient plans to the Building Inspector, he must obtain a Certificate of Occupancy and Use prior to renting the unit, the variance shall be conditioned on the petitioners continued • operation of his business at the site, if he sells, this will revert back to a 2 family . Mr. Hopper seconded. VOTING TO GRANT: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. Piemonte, Mr. Luzinski. GRANTED. 5 Mall St. - Jean Harrison (petitioner) Ralph Doering (owner) Petitioner is request a Special Permit to allow use of one room of a five room apartment as a professional office, specifically the restoration of paintings. Mr. Feeherry read the petition and letters in favor from the Bertram Home for Age Men and from Rosamond Dennis, 33 Warren St. , also a letter from the Fire Marshal (on file) . Ms. Harrison represented herself, she explained the type work she would be doing. Mr. Feeherry asked her if she is living there, she said yes, he asked her if she is presently doing work there, she said no. Mr. Piemonte asked what her hours would be, she said 9 - 5. She said she has just returned from England and would like to do this business, there will be no retail at all, no advertising. She explained she had come to the Building Inspector and he told her she needed a Special Permit. Mr. Ralph Doering, owner, said he saw no problem with this. Captain Goggin said she has obtained her Certificate of Compliance Mr. Ralph Hobbs spoke in favor, wanted to vouch for her character, thinks this will be good for Salem. No one appeared in opposition, hearing closed. Mr. Feeherry made a - motion to grant the petition to allow a room, designated by the petitioner, for the use of restoration of paintings on condition that there will be no retail sales at the site, there will be no advertising signs, clients shall be seen by appointment only. Mr. Luzinski seconded. VOTING TO GRANT: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. Piemonte Mr. Luzinski. GRANTED. MINUTES - OCTOBER 27, 1982 page three 26'k Valley Street - Pamela Decesare • Petitioner is requesting a Variance from side and rear setbacks to allow a 12' x 16' storage shed. Mr.. Feeherry read the petition and a letter from the Fire Marshal (on file) Mr. Francis Peralta represented the petitioner. He told the Board they needed the shed to store personal items such as lawn mower, gas grill, tools, etc. They have no cellar, the house is on a slab and there is no room for a garage. It is a pre-fab storage shed and it has already been put up. No one appeared in favor. In opposition, Mr.Theophilopoulol 26 Valley St. , said the plot plan is misleading, the shed is larger than it looks and it blocks his view. The house originally had a carport which they closed in, they could have used this for storage instead of making it a family room. Mr. Feeherry asked Mr. Theophilopoulos if the shed were moved to a different location would that be acceptable. Mr. Theophilopoulos said it would not. Mr. Feeherry asked if bushes were put in or if he had any suggestions to make that would accomodate both parties. Mr. Theophilopoulos said there was another shed there and did not believe two were necessary. Mr. Feeherry asked if the other shed were removed would that solve the problem. Mr. Peralta said they have about 3 tons of coal in the other shed. Mr. Feeherry asked about' sectioning off the new shed for coal. Mr. Peralta said the coal takes up the entire shed. Mr. Feeherry then suggested continueing the case until the next meeting so the Board could take a look at the property, would also like to have better plans, perhaps you could get together with neighbors and work something out. Mr. Feeherry made a motion to continue, Mr . Hopper seconded, UNANIMOUSLY VOTED TO CONTINUE UNTIL' THE NEXT MEETING. 3 Messervey Street - Joseph F. Colella Petitioner is requesting a Special Permit from rear yard setback revuirements to extend kitchen 10 feet. Mr. Feeherry read the petition and a letter from the Fire • Marshal. Mr. Colella explained to the Board he wanted to remove an existing rear porch and two stoops, put in a driveway; extend the first floor kitchen 10 feet with a basement. They will also enclose a small patio on the first floor and reconstruct the 2nd floor porch with outside stairs. The basement will be used for storage. He told the board his mother was elderly and in poor health, he wanted her living next door His mother will live in the first floor apartment, the daughter of the previous owner lives on the second floor. No one appeared in favor or in opposition. Hearing closed. Mr. Feeherry moved to grant the petition on condition-that the 10' x 26' addition be within 5 feet of the property line on side, use will remain two family, a Certificate of Occupancy and a Certificate of Compliance will be obtained, detailed plans submitted to the Building Inspector in connection with the Building Permit. Mr. Piemonte seconded. VOTING TO GRANT; Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. Piemonte, Mr. Luzinski. GRANTED. 24 Fort Avenue - N.E. Power Co. Petitioner is requesting a Special Permit and Variance to construct several structures. Mr. Feeherry read the petition and a letter from the Fire Marshal (on file) which addressed the problem of a disconnected water main. Mr. Ronald J. Boches, Supervisor, Licenses and Permits, represented the New England Power Co. He told the Board he would guarantee the 8" water main would be in service by this Friday (10/29/82) . He then submitted written testimony to the Board Members and read it to the peoples assembled. (on file) . Mr. Boches made presentation of plans and pictures, displayed to the Board and to the assemblage Mr. Feeherry referred to the decision of March 10, 1982 which granted fly ash storage building, asked what was going to happen to the fly ash now. Mr. Boches said there would be no changes from the prior decision. They need the Special Permit because all the `. structures will exceed the 45 foot height restriction. N.E. Power has in investment here lin the one hundred million dollar range. Mr. Piemonte asked if this would reduce energy cost. Mr. David Beatty, N.E. Power, said he thinks it will save, Ms . Annette Lewis, N.E. MINUTES - OCTOBER 27, 1982 page four .\\24 Fort Avenue - Continued Power, said they are getting savings now. Mr. Piemonte asked if there was going to be /any problem with routing of trucks. No, the route will stay the same. Mr. Feeherry wanted to know where the fly ash was going. It will be sanitary landfill in neighboring cities. Mr. Hacker asked if anyone`wisied to speak in favor. Capt. David Goggin, Fire Marshal stated they were not opposed to the construction or the use, their only concernr'is with the 8" water main. Robert Armstrong, Pat -Ramsey, Bob Camarda and John Whitehead all went on record as being in favor. No one appeared in opposition. Hearing closed. Mr. Feeherry made a motion to grant the petition on condition that all work be in strict accordance with plans of file, the water main shall be re-connected, a Certificate of Occupancy and Use be obtained prior to using structures, all other conditions given in the March 10, 1982 decision will remain in effect and will apply to this decision. Mr. Luzinski seconded. VOTING TO GRANT: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. Piemonte Mr. Luzinski. GRANTED. Next meeting was scheduled for November 17, 1982, 7:00 p.m. , second floor, One Salem Green. Meeting adjourned at 9:15. p.m. Respectfully submitted, Brenda M. Sumrall Clerk, Board of Appeal of 'SttlEm, cmttssadjusP##s �uxrD of ��exl MINUTES OF THE BOARD OF APPEAL - NOVEMBER 17, 1982 A Public Hearing of the Salem Board of Appeal was held Wednesday, November 17, 1982 at 7:00 p.m. on the 2nd floor of One Salem Green. Notice of said hearing having been duly advertised in the Salem Evening News on November 3, 10, 1982: abuttors and other interested persons were notified by mail. Members Present: Mr. Hacker, Mr. Hopper, Mr. Luzinski, Mr. LaBrecque and Associate Member, Mr. Luzinski. Meeting was called to order by the Chairman, Mr. Hacker; at 7:00 p.m. , he noted that Mr. Luzinski is a voting member. Motion was made and seconded to accept the minutes of the September 1,2 1982 meetings. UNANIMOUSLY APPROVED. 26'k Valley Street - Pamela Decesare Continued from the October 27, 1982 meeting. Petitioner is requesting a Variance from side and rear setbacks to allow a 12' x 16' shed. Mr. Feeherry read the petition. Mr. Hacker told the Board he had spoken with Mr. Theolopoulos, who had been in strong opposition, and Mr. Theolopoulos said he did not want the big shed • • torn down, but would like to be sure nothing else was going to be built. Mr. Peralta, representing the petitioner, said there were no plans to build anything, he does plan to take the small shed down, but would like to keep it up till the spring. No one-appeared in favor or in opposition. Hearing closed. Mr. Feeherry moved to grant the petition to allow the 12' x 16' storage shed to remain and to allow the variance from rear and side yard setback requirements on condition that the smaller shed is to be removed by May 15, 1983, Mr. Luzinski seconded. VOTING TO GRANT: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. Luzinski, VOTING PRESENT: Mr. LaBrecque. GRANTED. 56 Jefferson Ave. - Stephen Ingemi Petitioner is requesting a Variance to add an apartment on the ground floor. Mr. Feeherry read the petition and a letter from the Fire Marshal . Councillor Lovely, who could not stay for the hearing wished to go on record as being in favor of the petition. Mr. Ingemi addressed the Board, showed pictures of the site. He explained there are already two dwelling units. Mr. Trembley is upgrading the entire exterior and interior. This is not. really a basement, it is street level . He told the Board there are eight parking spaces and the garage goes with the building. This used to be a store, but to justify the investment he is making, he really needs to make this an apartment. Mr. Tremblay explained the plans. Speaking in favor, Councillor Giardi, said there is ample parking, other three family dwellings in the area, Councillor Martineau, felt this would be in the best interest of the property and the city, Councillor Rochna, also in favor, seems to be plenty of parking. No one \ appeared in opposition. Hearing closed. Mr. Hopper asked Mr. Feeherry about this • being used as a commercial business in the future, Mr. Feeherry said if they ever want business there, they would have to get a variance. Mr. Feeherry made a motion to grant the petition to allow the addition of a one-bedroom dwelling unit on the street level on condition all work be in. strict accordance with plans on file: •- ' MINUTES - NOVEMBER 17, 1982 page two 56 Jefferson Ave. - Continued there shall be no commercial use of the property; minimum of three parking spaces shall be maintained (off-street) ; Certificate of Occupancy and use shall be obtained prior to renting the apartment. Mr. Luzinski seconded. VOTING TO GRANT: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. LaBrecque, Mr. Luzinski. GRANTED. 400 Jefferson Ave. - Robert & Jeannine Dolliver Petitioner is requesting a Special Permit to allow a telephone answering service from their home. Mr. Feeherry read the petition and a letter from the Fire Marshal. Mrs. Dolliver explained this would be a family operated .business, they would have 194 lines. It will be operated from the living room. Mr. Feeherry asked if she would object to the Board limiting this operation to no outside help, or at least no more than one. She said no. Speaking in favor, Councillor Nutting, does not feel this would be detrimental. Irene Poussard, 398 Jefferson Ave. , spoke in favor. In opposition, Joyce Cahill, who owns an operating service in Salem was concerned because of the competition. Mr. Feeherry told her this was an area the Board was not responsible for. Hearing closed. Mr. Feeherry made a motion to grant the Special Permit to allow a family run telephone answering service on condition: there will be no more than one outside employee, a Certificate of Occupancy and Use be obtained prior to operation. Mr. LaBrecque seconded. VOTING TO GRANT: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. LaBrecque, Mr. Luzinski. GRANTED. 86 Hathorne St. - Helen D. Bassett & Maryann Landolina • Petitioner is requesting a Variance from density and rear yard setbacks to allow construction of a addition. Mr. Feeherry read the petition and letter from the Fire Marshal (on file) . Attorney Diana W. Centorino represented the petitioners. She explained the addition would be used for storage and school functions, such as recitals. Mr. Chalifour, the Architect, explained the plans, this will be a 6' addition, one floor. Attorney Centorino then explained the use, this is a school of dance, ballet, for adults and children. The school has been here since 194Vf the use is allowed under the grandfather clause. Speaking in favor: Doris' Speiker, Mary Spang asked about the zoning, why this is a B-4 and all around is R-1, Mr. McIntosh, the Zoning Enforcement Officer explained it to her. Cecilia Speiker, , 82 Hathorne St. , said she is not opposed, but did not want them parking in front :of her house. Councillors Rochna and Giardi also in favor, but would like the ladies to monitor the parking. Mary Rizzotti also in-. favor, but concerned about parking. No one appeared in opposition. Hearing closed. Mr. Hacker asked if this would involve more students. No, the class size is about twelve. Mr. Feeherry said whether this is granted or not, the parking problem still exists, this will not add to it. He suggested informing their clients about the parking problem, perhaps having them use Jackson Ave. Mr. Feeherry made a motion to grant the petition to allow the construction of an addition and to extend non conforming density and rear yard setback requirements on condition all work be in strict accordance with plans on file, off street parking as it exists shall be maintained, a Certificate of Occupancy and Use shall be obtained ,prior to use. Mr. Labrecque seconded. VOTING TO GRANT: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. LaBrecque, Mr. Luzinski. GRANTED. MINUTES - NOVEMBER 17, 1982 page three 17-23 Salem St. - Bruce & Lola Chapman (Petitioners) • Petitioners are requesting a Special Permit to convert the building into a seven unit apartment dwelling. Three units on first floor, four on the second. Mr. Feeherry read the petition and a letter from the Fire Marshal, Attorney Robert Peck represented the Petitioners, said they are quality landlords who are opposed to condominiums. He displayed plans of the property which is in serious disrepair. The property is presently owned by St. John Baptist Mutual Benefit Association, the petitioners have a Purchase and Sales Agreement. He explained the building takes up almost the entire land, there is no parking. Asked how the property is presently assessed, he said he was not sure. The Chapmans are going to renovate and restore the building to make it once again a property with integrity. Mr. Feeherry asked if there could be less than seven unit, or if they would object to having less. Attorney Peck responded saying it would not be economically feasible, this is a large building, they went over the floor plans. There are businesses there now, and a heavy traffic flow, with residences this would be less. Mr_ Chapman suggested limiting the apartments to two bedrooms which would mean less people. Mr. Feeherry said they may need a variance from parking requirements. No one appeared in favor. A petition of opposition was presented to the Board (on file) . Speaking in opposition, Councillor Martineau who stated this was a highly congested area, an area which has problems with the school, police are always towing vehicles, the parking situation is already intolerable. He said he has discussed this with Lt Jeffreys, has communicated with the .parish to see if they would allow use of parking facilities and they will not. Councillor Rochna, also opposed, parking situation very bad, have had numerous complaints. Does not think the stores are generating the traffic, feels most of their business in walk in from street. Mr. Hopper asked if they could see any long term solution. -Councillor Giardi, parking is horrendous, would hate to see it become abandoned, but there must be an alternative. Martineau would like to see present uses continue. Mr.Whitman, 1 Fairfield St. , both his his children attend the dance academy, the hall is perfect for this use, would like to see it continue. Mr. Kalinowsky, 20 Park St. , their windows are on his side, about 6' from his windows and would not like to see residences there. Councillor Martineau, said he has contacted a couple of business men about establishing some type of business there, and there has been some interest. Robert McKean, 15 Salem St , concerned about parking. Mr. Morris LaBrecque, 17 Dow St. ,concerned about parking, but did say the Dancing School has been cooperative. Attorney Peck,- we recognize the parking problem, but whatever the property is used for, there will still be a problem. People living there would be more considerate than transients. Hearing closed. Mr. Hacker asked if they had looked into possibility of renting parking spaces, perhaps from Michaud & Raymond or E.G.& G. , no they have not. Mr. Luzinski asked about limiting them to renting to people without cars. Mr. Hacker, not im- pressed with the plans or the fact they have not looked into renting spaces, also, seven units seem like a lot. Mr. Hopper, the parking situatiom,. bothers me. Attorney Peck asked if the Board would allow them to withdraw without prejudice, to allow them time to look into the renting of parking space. Mr. Feeherry explained to the assemblage the procedure for withdrawing, it gives them the right to come back. Mr. Feeherry then made a motion to allow them leave to withdraw, Mr. Hopper seconded. VOTING LEAVE TO WITHDRAW: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. LaBrecque, Mr. Luzinski. WITHDRAWN MINUTES - NOVEMBER 17, 1983 page four •� 15 Putnam St. - Mozart & Isilda Silva Petitioner is requesting a Special Permit extend non-conforming struction by constructing an addition on the rear of the property. Mr. Feeherry read the petition and a letter from the Fire Marshal. Mrs. Silva presented herself to the Board, and explained plans. She showed the Board the Certificate of Compliance issued by the Fire Department - Fire Prevention Bureau, relative to smoke detectors. Said addition will be used as a bathroom. . No one appeared in favor or in opposition. Hearing closed. Mr. Feeherry made a motion to grant the petition and allow the addition on condition that all work be in strict accordance with plans submitted to the Building Inspector, a building permit be obtained and a Certificate of Occupancy and Use also be obtained prior to use. Mr. Luzinski seconded. VOTING TO GRANT: Mr. Feeherry, Mr. Hacker, Mr. Hopper, Mr. LaBrecque, Mr. Luzinski: GRANTED. Next meeting scheduled for January 5, 1983, 7:00 p.m. , second floor of One Salem Green. Meeting adjourned at 8:40 p.m. Respectfully submitted, Brenda M. Sumrall Clerk, Board of Appeal S •�. J I it a.+R�� •