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1987-ZONING BOARD OF APPEALS ofttlem, Httssttcliuse##s 3 � ,• , 'i ,? Puttrb of '4pettl p�IlIIMB� MINUTES OF THE BOARD OF APPEAL APRIL 29, 1987 A meeting of the Salem Board of Appeal was held Wednesday, April 29, 1987 at 7:00 P.M. , second floor, One Salem Green. Notice of the hearing having been duly advertised in the Salem Evening News on April 15, 22, 1987. Abutters and other interested persons were notified by mail. Members present: James Hacker, Chairman, Messrs. , Bencal, Fleming, Luzinski, and Strout. The meeting was called to order by the Chairman, James Hacker. A motion was made by Mr. Hacker and second by Mr. Bencal to send a letter to the Legal Dept. concerning the suit of Katsepetsas against the members of the Appeals board, advising them of a possible counter-suit. The members voted unanimously in favor of the motion. 60 - 62 WEBB STREET - RICHARD QUIRK Petitioner is requesting a Special Permit to convert two family to four unit residential and from rear and side setbacks to construct addition and decks. Mr. Bencal read the application and a letter from the Fire Dept. , no objection. A letter in opposition from Ms. Anne M. Pelletier, 25 Andrew St. Daniel E. Reich, Esq. 63 Federal Street represented the petitioner. Exhibit A is the preferred plan. , more open space Plan B has a smaller green area. Both plans has adequate parking. The proposed use is reasonable in this multiuse neighborhood, scattered business, 4 and 5 family houses. The proposal will add 4 units with 1 unit remaining as his personal use. No problem with abutters in rear, land belongs to B & M Railroad, open space for a walk way. The plans fit in with the character of the neighborhood. Plan showed 5 units, were changed to 4 units, currently a 2 family. Councillor Harvey, Ward 2 spoke in favor of Exhibit A with 4 units will fit in with the neighborhood. Councillor O'Leary Ward 4, spoke in favor and the integrity of Mr. Quirk. No one spoke in opposition. Hearing closed. Mr. Flemming: any problem with this being owner occupied, Mr. Quirk: none. Mr. Flemming: has the B & M been notified, letter forwarded from Causeway St. no returns, Mr. Hacker: we can assume it was forwarded. Mr. Hacker Exhibit B, has more planting, 3 ft. buffer zone. Mr. Luzinski: eliminate 9 and 10 and give back planting space, loose 9 ft. in parking, lose garage. Mr. Quirk: already hedge in place. Mr. Luzinski: Kevin has the Manzi's seen these plans. Kevin Harvey: the abutters have been addressed. Mr. Quirk: wants to maintain the existing garages, they have been there for years, that my 1st. priority. Mr. Strout: on plan A there only required 6 spaces. , must meet parking requirements. Mr. Hacker: angle parking requires 22 ft. Mr. Reigh: suggest eliminating parking space 1 for angle parking, backing out into street. Mr. Hacker: dangerous. Mr. Quirk: have been backing out onto Webb Street for 30 years with no problems, my daughter for 5 years. Mr. Hacker: always a first time. Mr. Hacker: Plan B better. Mr. Flemming: moving garage to back of lot. • Mr. Fleming: Plan B better for the neighborhood, maintain 8 parking spaces, buffer zone. Mr. Bencal: why don't you use garages. Mr. Quirk: 2 are presently being used. Mr. Hacker: removing the garage in plan B, eliminating spaces 9 and 10 move spaces over a little bit. •MINUTES 4/29/87 Continued Page 2 60 - 62 WEBB STREET Mr. Quirk: Want garage for storage . Mr. Strout : You are adding to l • foundation , you will gain storage there . Mr. Fleming made the motion " to allow the petition Mr. Richard Quirk at the property of 60 - 62 Webb Street currently located in a R-2 Zone, said special permit will allow extention and alteration of the current nonconforming use to a four family to allow to the conditions and depths . The special permit be granted on the following conditions : Property be owner occupied; Parking Plan "B" as modified and said plan to be further modified - to include three foot buffer zone abutting the Manzi property and fenced with evergreens ; Construction per elevations submitted; Construction conform to requirements of the State Building Code; conform to allow requirements of the Salem Fire Department ; a building permit must be obtained; A certificate of occupancy be obtained. Mr. Luzinski seconded. UNANIMOUSLY GRANTED 18 MAPLE AVENUE - C . LIRANTONAKIS Petitioner is requesting Variances from density and setbacks to allow construction of a single family dwelling and garage on existing foundation . Mr. Bencal read the application , a letter from the Salem Fire Prevention Bureau; no objection. Danial A. Reich, Esq. represented the petitioner. Orginally this lot was three seperate lots side by side , Mr. Lirantonakis purchased all three , 1 1/2 story structure back of what would be the middle of the lot and a foundation extends over lot line inches , on left abuts conservation , condominium, ,• Stop and Shop, land also drops into conservation area , the lot is undersized by 800 sq. ft . The hardship is economical , several thousand dollars to move the existing foundation to comply with the side and rear lot lines , good size lot and buildable foundation. No encroachment problem. Existing house future not clear, in-law apartment . Mr. Hacker: Mr. .Reich. please define Salem Zoning Ordinance what an in-law apartment is? Mr. Reich: Not dlear it could have fwo single dwelling units on one lot . Mr. Fleming : Not. clear. Mr. Hacker: Anyone here this evening to speak in favor. Ralph Morin : spoke in favor of 15 Maple Avenue , Mrs . Morin spoke in favor. No opposition . Hearing Closed . Mr. Fleming: concerned on what we ' re allowing, is this the house your client will live in . Mr. Reich: No, on the new foundation . Mr. Fleming: I interpret the petition to allow construction of a single family home , bothers me about the second building, I can see down the line this lot being divided again . Is it critical to your client that he get both structures? Mr. Hacker: Allowed where the gentlemen wants it and used the smaller for a garage and not a dwelling unit, . Mr. Lirantonakis : No problem. Mr. Fleming: How did we get from one lot to three? Mr. Fleming: the problem now is Mr. Strout and myself, is now combined 14 , 000 sq. ft . what happens if we allow here, and wants to put another house . Mr. Lirantonakis : Paid a lot of money into it for over $15 , 000 . Mr. Hacker: We have to look at it from the stand view of the neighborhood. You have a nice piece of land, I can see down the line deeding the land . Mr. Strout : the garage in the back, also a car port . Mr. Fleming: It is not the best use of this land it is a cost saving meaure . Mr. Fleming: It is the feeling of the current board • the subdivision of this land, no sense . Mr. Fleming made the motion : MINUTES 4/29/87 Continued Page 3 18 MAPLE AVENUE - C . LIRANTONAKIS For the relief requested in this R-1 Zone for variance of all •" applicable density and setback requirements to allow construction of a single family home and garage on existing foundation . The special permit be granted on the following conditions : Conform to allow requirements of the Salem Fire Department ; 1 1/2 story building to be used as garage and not as a dwelling unit ; Proper numbering be obtained from City Assessors Office ; Proposed dwelling be built as per plans submitted; That all permits and certificates of occupancy be obtained from Salem Building Inspector. , Mr. Strout seconded . The Board voted 4 - 1 (Mr. Bencal Opposed ) . GRANTED 3 BRIDGE STREET - RICHADALE DAIRY STORES Petitioner requests a Variance to allow construction of a canopy over the pump island . Mr. Bencal read the petition and a letter from the Fire Department , no objection, and letter from Nondas Lagonakis , 9 Bridge Street in favor. Mr. Hacker: I want record to reflect that I am a owner operator of a similar store to Richdale but does not include gas , however, my store is several miles away I feel that I could judge impartially, if this is a problem with the Richdale stores , I would not vote on this case . Not a problem. Gregory Demarkis represented the petitioner Attorney from Lynn, with me today is Arthur Bouras , Dennis Fitzpatrict from the Company who will install the canopy . Straight forward and simple project to install canopy ; , 1 1/2 ft . to property line , cover the pumps , very attractive , down lighting, lighting the area . Not offensive to the area, installed a planter. Blending in with the neighborhood . Pictures were shown. Dennis Fitzpatrict : 3 ft . one similiar to it in Essex . Metal paintedgrey appearance of wood. Mr. Prentakis , 8 Bridge Street spoke in favor. George Kastrinakis , Strombergs Restaurant , 2 Bridge Street , spoke in opposition, speakers loud and disturb tenants across the street . Richdale has no intention of going 24 hours . Speakers are only for communication with the cashier, for safety problems , it is a requirement of the Fire Department and the State Code. Mr. Strout : Face the microphone towards the water. Mr. Hacker: Cannot overide the Fire Department requirements . Mr. Luzinski : Canopy is there for the convenience of customers . Mr. Fleming: Are there any signs on this canopy? Mr. Demarkis : Only 2 signs "Self Serve" . Traffic enters from _Salem and leaves towards Beverly. Impossible to hook radio to speaker. We did lease the back of the store to a Taxi firm which is now discontinued. Mr. Fleming made the motion for Crete Realty Trust and Richdale Dairy Stores a Variance to allow construction of a service type canopy over the pump station currently in a B-2 Zone . Said Variance for the encroachment from the front setbacks of 1 1/2 to 2 1/2 ft . as shown on plans submitted subject to the following conditions : Construction as per plans shown; Microphone or intercom system, required by city and State Statue , be turned away from the street and used only for public \ information and safety purposes ; no advertising or entertainment is to be provided from these speakers ; all concerns and conditions •rr of the Salem Fire Department must be adhered to; signage on Canopy be fJ limited two ( 2 ) signs ( "Self Serve" ) ; a building permit be obtained prior to construction, ( no closer than 1 1/2 ft . from lot line ) . Mr. Bencal Seconded. UNANIMOUSLY GRANTED MINUTES 4/29/87 Continued Page 4 6 - 8 WHEATLAND STREET - CHARLES L. BRETT Petitioner is requesting a Variance from front yard setback to allow existing two family dwelling. Mr. Bencal read the petition and letter i from the Fire Department , no objection . Mr. John Vallis , 1 Church Street , Salem, representing the petitioner last year Mr. Brett bought property shown on assessors map as a vacant lot , 9000 sq. ft . dimensions 90 x 100 , Mr. Brett obtained a building permit with the consideration there would be a 15 ft . setback, in Mr. Brett .hand- writing he outlined a plan outlining what he determined to be 15 ft . setback, he took it from the inside of the sidewalk. At the morning of the closing, he had 95% completion of the house, the plot plan was given to the closing attorney showing the relation to the front setback and an encroachment of roughly 4 ft . through a certain mistake on Mr. Bretts ' behalf, he had an engineer tape out and stake for the construction of the house . Before he began construction , he did spend, however, several thousand dollars in a preblast survey of the site , immediately behind the existing hosue it is all ledge . the terrain of the property is the furthest setback on the street . Mr. Brett has spoken with neighbors except one, neighbors and elderly and have been helpful to him. Mr. Fleming: Any sidwalk in front of this place? Mr. Brett : Yes and curbing in place . No one spoke in favor. No one spoke in opposition . Hearing Closed. Mr. . Fleming made the motion to grant the variance from requirements of 15 ft . to what shows on plans 9 . 5 ft . Mr. Bencal seconded. The Board voted unanimously in favor. UNANIMOUSLY GRANTED 19 BRIDGE STREET - PAUL S. FRASER 00 Petitioner request a Variance from density, setbacks and use to allow construction of .a single family dwelling in a B-2 Zone. Salem Fire Department has no objection . Attorney William H. Donaldson 46 Dearborn Street represented the petitioner. This is a small lot in a small lot area , several years ago there was a fire on the property although it was bordered up technically it was an eyesore in the area, the City tore it down . They gave notice to the present owner, as he was in Florida he returned a week late for the hearing. Since then he applied two years ago to this board to build a house on this property and there was opposition from the neighbors , who remembered the house when it was an eyesore . He was turned down at that time . Since then he has prepared these plan , house is 24 x 34 as shown on plans , entrance on Pierce Avenue , comparable to other houses in area. Planning Board letter from earlier hearing that it was a proper use of single family dwelling. If the board acts favorably, he must act speedly in building this house , he has a contract with builder which provides a penalty if they do not and a bonus if they do it early. There is place for parking between the two buildings , the lot being on Bridge Street where there is a lot of traffic is used for trashing, petitioner has tried to keep it clean , an attrative house would be an improvement . Mr. Bencal: Where there is a lot of traffic on Bridge Street , why would the petitioner on a new plan have it come on to Bridge Street when Pierce Avenue less travelled Street is available? Mr. Donaldson : because of the size of the house and length. Mr. Bencal : you c17-111 started a new plan . Mr. Fleming: I can understand Richard, the house if it would face Bridge Street the impack of the noise , you MINUTES 4/29/87 Continued Page 5 19 BRIDGE STREET - PAUL S. FRASER might get a little relief in terms residential peace on Pierce • Avenue . Mr . Bencal : We ' re looking at creating a possible hazard. The configuration of the house . Mr. Strout : Put the front door on Pierce Avenue and parking out back. Mr. Bencal : The only question. I have you indicated the front line of the house , you have not indicated porches . Mr. Donaldson : The kitchen there is a door that swings inwardly would be right on Bridge Street actually to have small platform not on Bridge Street and have door in area between the houses . Mr. Fleming: What you are saying there would be a porch or deck would be on this side , and not interfer with the parking, what Mr. Strout is concerned with you would still be encroaching on the setbacks , what your saying is the only deck would be a deck would not encroach on any setbacks . Mr. Strout : Are you at street elevation you would not have any porches one step up. Mr . Donaldson : Cement slab foundation . Mr. Hacker: Anyone here like to speak in favor, None . Any one opposed? None . Any questions? Any comments? Mr. Strout : Continue on the comment of parking, new construction and how heavily travelled the street is . Mr. . "Fleming: You haven' t much land here , 1 , 700 sq. ft . 24 x 36 is not a large dwelling, I understand your concern you would rather have the parking exit on Pierce . Mr. Strout : You have to move the building right on the lot line or on the abutters lot line on Pierce Avenue . Mr. Donaldson : 3 houses on Bridge Street right next to it have their parking almost precisely the way we do . Mr. Hacker: Am I lining this up correctly so that the kitchen is here in that corner, has your client given any consideration to y•: turning the house the other way? Mr. Donaldson : We wanted to have it open onto Pierce Street instead of Bridge Street the abutter next door who object last time , Friday morning is being conveyed to another client of mine , has no objection . Mr. Strout : I don ' t know if you could use this particular plan , you could get the same square footage going the other way and address the parking problem, you may have to use a different set of plans and have an architect revise them. Mr. Donaldson : If it was turned that way . Mr. Strout : dimension may change , 26 x 32 he may want to look for plans that conform with those dimensions . I don ' t know if you could get a mirror image or get a different plan that would conform. Mr. Hacker : Would the members be adverse to continuing this , you know what our concerns are . What we need from you is a letter waivering your time right to May 27th. Mr. Fleming: Moved at this time to continue the petition of Mr. Fraser of 19 Bridge Street to the May 27th meeting. Mr. Luzinski seconded. UNANIMOUSLY VOTED TO CONTINUE COLONIAL ROAD - HAMBLET & HAYES CO. Petitioner requests a Variance from minimum setbacks to allow a construction of a solvent tank storage and packaging building on existing continment dike in an I Zone . Mr. Bencal read the application letter from the Fire Department, no objection . Harley Orr: What I have is a plot plan of Hamblet & Hayes facility asking for a variance on setback from an internal boundary of property line . B & M rail routes comes into property presently to load and unload rail cars . 7 . 4 ft from building to rail siting. Cement foundation was used at one time for a dike for four 25 , 000 gallon tanks about three or four years ago . They were removed M7.NUTES 4/29/87 Continued Page 6 CONLONIAL ROAD - HAMBLET & HAYES CO. because they were considered unsafe . Since that time nothing has been in its place . The cement pad which is there, the trucks rested on while material was loaded and unloaded from both cars and trucks into and out of tanks in the dike area. Now what is planned to again put tanks .in there have a cement floor, put sides and a roof over it . The particular products which will be housed are metal cleaning products : Methyline Chloride , Percloethyline and Clorothyne SM. No relation to the odor problem. The odor was caused by nonsolvent products . Solvents are nonflamabl.e , noncorrosive and noncombustable . The dike is ramped to protect the ground. Mr. Fleming: A motion to grant petition subject to the following conditions : Petitioner comply with all conditions and concerns of the Salem Fire Department ; Approval be given by the Board of Health; Construction be done as per plans submitted; Legal building permit be obtained. Mr. Luzinski seconded. Board voted 4 - 1 ( Mr. Hacker opposed ) . GRANTED 13 NICHOLS STREET - ZOEL LABRIE Petition for a Variance from density setbacks and use to allow construction of a duplex in a R-1 Zone . Attorney William Piermento requests under the statue a vote of the Board by roll call. Chapter 40 A, Section 11 , a petitioner may withdraw only prior to publication . Mr. Fleming: A motion to allow petition for with- drawal without prejudice. Mr. Luzinski seconded. • UNANIMOUSLY GRANTED. 19 GABLES CIRCLE GAETANO A. STOCCO Petitioner requests a Variance from side yard setbacks to allow construction of a garage in a R-1 Zone. Mr. Bencal read the application from Salem Fire Department , no objection . Gaetano Stocco : 12 x 24 garage cannot put garage in legal limits because of car . 3 1/2 ft . by 5 1/2 ft . Leonard O' Leary : The abutters in the area are in favor, none opposed. Edward Verricks , 32 Gallows Hill Road, no objection to building garage . Gil Fontaine , 26 Gallows Hill Road, no objection to the garage if the size is reduced from his previous request . Louis D' Agastino, 17 Gables Circle, in favor. No oppositions . Mr. Fleming: A motion to grant the petition subject to the following conditions : That the proposed garage be built no closer than 3 1/2 ft . from lot 13 as shown on the plan; All construction be as per plans submitted; All requirements of Salem Fire Department relative to smoke detectors be complied with; All construction be done per all applicable state building codes ; And a legal building permit be obtained. Mr. Strout seconded UNANIMOUSLY GRANTED Mr. Bencal motioned to adjourn meeting. Seconded by several. Meeting adjourned at 9 : 17 p.m. Res ctfu11 su�hmitted: C1/9• � � � rraine Devoe, Secretary protein. 01i#u of 'Salem, 'Massar4use##s � PnxrD of '4}ienl ,Jq SY �41M6� MINUTES OF THE BOARD OF APPEAL MAY 13, 1987 A meeting of the Salem Board of Appeal was held May 13, 1987 at 7: 00 p.m. , second floor , One Salem Green. Notice of hearing have been duly advertised in the Salem Evening News on April 12, 1987 and May 6, 1987. Abutters and other interested persons were notified by mail . Members Present : James Hacker , Chairman, James Fleming, Edward Luzinski , Peter Strout, Arthur Lebreque, Peter Dore. Meeting was called to order by Chairman, James Hacker , at which time he appointed Arthur Lebrecque and Peter Dore voting members. Mr . Strout : A motion to accept the April 15, 1987 Minutes of the meeting as recorded . Mr . Luzinski seconded . 64 BRIDGE STREET - WILLIAM D. LITTLE Petitioner requests a Special Permit and variance to convert a •` funeral home to professional office space in a R-2 Zone. Mr . Fleming read application, there was no correspondence. David Hallinan, Esq. representing Mr . Little. Mr . Hallinan : Presented photos and a plot plan by Carter & Carter Engineering. The lot is presently 22, 000 square feet, presently has a funeral home and garage on the premises in a R-2 Zone. Mr. Little wishes to convert the building to professional office space. Mr . Luzinski : Three professional type offices. Mr. Hallinan: Small offices . Mr . Hacker : Anyone here to speak in favor of petition? Kevin Harvey, Councillor : Speaking in favor of petition, my most concern is with parking, which it seems to have adequate parking. The remaining green space I would like to see intack with aesthetics. Robert Gauthier , Councillor-at-Large : In favor along with Kevin Harvey. Mr. Hacker : Is there anyone opposed? Rosemary Emilianowic, 70 Bridge Street: Owner of house adjacent to the property in question. Funeral parlor does not conduct business daily and the neighborhood is quiet. On Sperry Street there is a family with small children so the access in and out of Bridge Street does effect my house and the neighborhood . Wondering if the garage unit itself will have offices on it or is it just the main building? What kind of offices are available or are they going to be condos? Mr . Hacker : We cannot dictate ownership. If this were granted this evening to be two or three or four offices , they could be rentals or sold on a condo basis . We cannot control ownership. Mrs. Emilianowics : Do you intend to use any of the green space for parking? Mr . Little : All the • green space will stay the same. Mr . Hallinan : We are not going MINUTES May 13, 1987 Continued Page 2 • 64 BRIDGE STREET - WILLIAM D. LITTLE to add on to the structure, all renovations will be to the interior only. There will be no more than three offices, two or three the most, which is on the back part of the lot. None of the trees will be moved . Green space will not change. Mr . Luzinski : Will there be any permanent residents in the building? Mr . Hallinan : Professional office space. Mr . Fleming : What is square footage of the proposed areas of the house and garage? Mr . Hallinan : I don' t have that information. Mr . Fleming : Would you mind a limitation if you were granted a Special Permit or Variance of not to exceed three offices. The area is a R-2 Zone and a professional business is in a B-1 Zone. This would have to be a Variance. Is there any indication of a hardship? Mr. Little: Financial hardship. Mr . Fleming : Our ordinance in terms of off- street parking requires one space per employee. Could you promise us to maintain the existing spaces be they 5 - 10 -15 spaces that exist there now. If so, what is that number? Mr . Hallinan : I don ' t know what the number is, but I went there today and the area is 22, 000 square feet some of it is green space but a great majority of it is parking area as you can see from the photograph. To the left of the building there is a driveway and green space on the left so none of that can be utilized as parking but on the right hand side that' s a rather wide entrance and parallel spaces can be maintained there, and a large number in the back . I think • about 15 or 20 spaces. Mr. Fleming : Could you maintain ten spaces? Mr . Hallinan : Yes, ten spaces. Mr. Hacker : We have no parking plan, no plan for shurbery which is a concern to the neighborhood. Mr. Little : We are leaving it as is. Mr . Hacker : What are we voting on? Mr . Fleming : A Variance for a change of use. Mr . Labrecque : Is there currently anything in the garage? Mr . Hallinan : They use it for storing hearses and cars, that was it. Mr . Fleming : I move at this time to grant the Variance requested by the Petitioner , William D. Little, of the property located at 64 Bridge Street currently in a R-2 Zone. Said action granting a Variance for a change of present use of a funeral home to professional office space with the following conditions : no more than three offices be placed at the property including both the existing funeral home and garage to the rear of said property; a minimum of ten parking spaces meeting the requirements set forth in the Salem Zoning Ordinance to be maintained at all times by Petitioner that existing green space be maintained by the Petitioner ; that sinage be limited to the terms of the Salem Sign Ordinance and be approved by the process set forth in that Ordinance; proper Certificates of Occupancy be obtained from the Salem Building Inspector ; the exterior of said building be maintained as near as possible to the existing exterior to remain in harmony with the existing neighborhood ; all requirements of the Salem Fire Department relative to fire safety be adhered to. Mr. Luzinski seconded . Board voted 4 - 1 (James Hacker opposed) • GRANTED MINUTES May 13, 1987 Continued Page 3 • 7 ROSLYN STREET - MANUEL & OLIVIA MACHADO Petitioners request a Variance for rear and side yard setbacks to allow existing deck in a R-3 Zone. Mr . Fleming read application and direct appeal . No correspondence. Phil Durkin, Esq. representing the Petitioners, 27 Lowell Street, Peabody , Mass. Mr . Durkin : At the time Mr . and Mrs . Machado refinanced their home it came to their attention that the plot plan revealed that the deck that they added to their property in the rear did not conform to the Zoning Laws. This resulted in the bank permitting them to go ahead with the refinance on the condition that they obtain a Variance from the City of Salem. Presently the bank is holding a $1, 000.00 in escrow until the Machado 's comply with this request. Needless to say, they would encure a financial hardship if they were to forfeit that amount and the benefit of the deck . They relied on builders at the time of construction and I might add that there was an existing porch there that they removed and replaced with a deck and inadvertently that has created the title check . Mr . Hacker : Is there anyone in favor of this Petition? No one spoke in favor or opposition. Mr . Hacker : Was a Building Permit ever obtained? Mr . Durkin : To my knowledge, no. Mr . Luzinski : How much difference in size from this new deck to the porch that was there? Mr . Durkin : Porch was not specifically reported on deed , it would say the land with the buildings there on. The Machados came into ownership in 1984 and they don't know • history of structure other than the porch was there , they hired builders to remove same and replace with deck . Without having the details of the porch before me and only relying on this plan, they have no other plans. It 's hard to say whether they inadvertently added on to that deck or not. I don ' t know who were the builders. I 'm here for another Attorney in my office so I 'm not familiar with Mr . and Mrs . Machado. Mr . Hacker : Are Mr . and Mrs. Machado here? Mr . Durkin : No, they have a language problem so they might not know that tonight was the night of the hearing. Mr . Fleming : Concern of Mr . Luzinski is that the other porch there was knocked down and a larger deck was put up. That might of affected the rear yard but I don 't think it would of affected the side yard because the entire dwelling is only 9 feet +/-. Mr . Durkin: My understanding is that the deck is approximately same size as original porch. Mr . Machado: Yes, extended left to right. Mr . Durkin: Same depth on deck was kept. Mr . Luzinski : No encroachment because you have your 20 feet. Mr . Fleming : Move at this time to allow the Petition of Manuel and Olivia Machado for a Variance from rear and side yard setbacks specifically to have a 9 foot +/- setback as per plans shown in a 17 foot +/- rear yard as per plans shown. No conditions necessary. Mr . Strout seconded . UNANIMOUSLY GRANTED 25 WASHINGTON STREET - GEORGE GAGNAN Petitioner requests a Special Permit and Variance to allow • property to be used as a bed and breakfast, four rooms, also MINUTES May 13, 1987 Continued Page 4 • 25 WASHINGTON STREET - GEORGE GAGNAN Variance from parking requirements in a R-2 Zone. Mr . Fleming read application and correspondence from the Salem Common Neighborhood Association , P.O. Box 8608, Salem, Mass. Opposed . Also a Petition with approximately 25 names in opposition was submitted . Harry Angeles, Esq. , 27 Lowell Street, Peabody, Mass . representing George Gagnan, One South Shore Road, Peabody, Mass . Mr . Angeles: Mr . Gagnan is a builder , as stated in our application. Mr . Gagnan is requesting a Special Permit and Variance to use the 2nd floor premises in a manor referred to as a bed and breakfast residence. Mr . Gagnan has an executed Purchase and Sale Agreement with the current owners : Angela Z . Bruski and Lena Jalinski who are the heirs of the estate of Victoria Majewski. The Agreement is conditioned upon permission being obtained from your Board to allow the property to be used primarily as a single family residence for Mr. Gagnan and his family and also to proivide four rooms as a bed and breakfast residence. The home has been owned and occupied by the same family for at least 50 years. Currently Lena Jalinski resides in the premises alone , she is 94 years old and has spent most of her life in this home. She cannot maintain home and does not have the will to restore it to its current use. Lena and her sister Angela know what the present conditions are with respect to property and the common neighborhood and realize what the reality • is. They have been attempting to sell this home for some time. A year ago a proposal was rejected by your Board. Mr . Gagnan and his family are excited in purchasing this dwelling. They are excited about the concept of restoring the property to what it once was and understand and appreciate the architectural and aesthetic value that this property presents. For the past eight months Mr . Gagnan has had architect, contractors, caprenters examine the premises to determine what would be required to simply restore the home with consistent 12 rooms and full basement. He ' s had plans prepared to include new bathroom facilities for each bedroom on the second floor as illustrated in the plans which were attached to our application. The major items which need to be done include the following : new slate roof required; chimney requires repair; new heating system required ; new electrical system required; leaks througout the house that must be repaired including the repairing and refinishing the ceilings the woodwork and floors throughout the entire dwelling ; new plumbing required and that includes the new bathrooms proposed on the second floor . Exterior carpenty and painting ; also a complete rehab and renovation of the garage. Mr . Gagnan has an estimate of $190,000. 00 to do this work. This coupled with the purchase price doesn' t leave much of a margin of people wtih a bankbook to obtain the financing for this type of project. I 'd like you to consider that there is a distinct hardship with respect to the paint up, fix up and purchase. What we propose essentially leaves the dwelling as you see it today except for the fact that we would • install on the first floor a small registration desk, a small MINUTES May 13, 1987 Continued Page 5 • 25 WASHINGTON STREET - GEORGE GAGNAN stand to handle brochures. On the first floor what really is required is extensive fix up. Redoing ceilings. There are two or three Samuel Maclntire fireplaces on that first floor. There is gumwood paneling that you don' t find any place else. In addition to what you 'd have to do with electrical and plumbing and in the kitchen. On the second floor we would provide separate bathrooms for each of the four current rooms as they exist. Nothing to the exterior except carpentry and painting and stained glass windows on the northeast side of dwelling would remain as is. Landscaping would be refurbished, in addtion to that we would rehab the two- car garage that exists on the property. Location adjacent to the Witch Museum and within a couple of 100 yards of the Hawthorne Hotel surrounded by mixed use prpoerty including other bed and breakfast, multi-family homes, condominiums, and two-family residences. The use as a bed and breakfast and single family home is not only an appropriate use it ' s a realistic one. Several weeks ago Mike Pelletier , Mike Honson and some young ladies from the Salem Common Neighborhood Association met with us at the site. Took them on a tour of the entire dwelling. One problem they stated was the matter of parking and traffic impact in the area. Mall Street some of the landscaping could be taken out and three parking spaces could be put there . Mike Pelletier stated we would loose two spaces on the street so 'we would only gain one space. • We told them we would get some spaces at the garage. Four of them. Mr . Fleming : Is 'that a contract for a year? Mr . Angeles: is a contract for a month, with apotential in the contract to renew annually for a full year . The two-car garage on the property which can be utilized for that purpose. We would be taking nothing away from the exterior landscaping of this property. Mr . Gagnan was a member of the Peabody Planning Board for 14 years. He and his wife are willing to make a large investment in the City of Salem. They are going to live on first floor with bed and breakfast on 3rd floor . They will be able to monitor this constantly so there wont' be any problems related to the bed and breakfast and this bed and breakfast will prvoide some revenue to help with the restoration cost. I want the Board to appreciate the circumstances and consider this proposal favorable and I ask you to look at what those items are that Chapter 40A requires with respect to the Variance. Mr . Hacker : Is there anyone here this evening that would like to speak in favor of this project? Ramon Parga, 5 Oliver Street: The last time I was here I was opposed this time I 'm in favor. Curator from Salem Witch Museum, 19 1/2 Washington Square North: Opposed to condos. This particular use of the building is not offensive to me providing the parking is a situation that we have a critical need to lease that part of the application. Mr. Hacker : Anyone opposed? Donald David , 29 Washington Square North : Are they only looking for four units? The Board : Yes. Mr . David : Is it even a profitable situation? The Board : that 's not for us to decide. Mr . David : What actually • are you going to do about parking? Mr . Angeles : Four rooms. MINUTES May 13, 1987 Continued Page 6 • 25 WASHINGTON STREET - GEORGE GAGNAN Kevin Harvey, Councillor : Opposed and would like to submit 65 more signatures against close proximity. A band-aid situation to drive individuals to the proposed bed and breakfast to the parking garage. I have a problem with that. I will take a look at Chapter 40A. Robert Gauthier, Councillor : Opposed because I consider this to be a residential neighborhood any further commercialization I 'm opposed to. David Goodman, 11 Andrew Street : I 'm in opposition to this project. I 'm against commercial use around the common. This property as a bed and breakfast, is it forever commercial use and can it be used for any commerical use? Parking and traffic in neighborhood . Michael Pelletier , 25 Andrews Street: On April 28th I did tour the property with others of the Salem Common Neighborhood Association. The four of us toured it we were not persuaded that it would cost $200, 000. 00 to do paper and painting. The developer was talking about replacing copper valleys on roof for $10, 000. A lot of cost will be to move four walls and construct four new bathrooms ; the cost would be a lot less if this was not done. I received a call from Angela Bruski who stated the Attorney advised her not to go through a Real Estate Broker. Angela and Lena will not benefit from whether this Variance is granted or not regarding a hardship? I 'm opposed because of a commercial venture, I 'm opposed because of the parking, I 'm opposed because there has not been a good faith • effort to take care of the two people that own the house and market it openly with the Real Estate Brokers. Barry Nyer , 3 Williams Street : Concerned with traffic day-to-day. The bed and breakfast has already changed hands once. I 'm in opposition. Maryellen Delaney, 44 Essex Street : Opposed . Judy Deering, 33 Washington Street North: Opposed trying to protect the residential neighborhood . Joan Nestor, Vice President of Salem Common Neighborhood Association, 2 Forrester Street: Opposed to commercial venture , we don' t need more traffic in the neighborhood . Ted Richard , 35 Pleasant Street : Opposed , because of the parking . Gerry Kavanaugh, City Planner : Opposed, I will be attending the City Council Proposed Zoning Ordinance. The Mayor ' s and Planning Board and City Council ' s perception on what all of our Boards will be looking at density on commercial or residential use . Mr . Hacker : Anyone opposed, you have a chance for rebuttal. Mr . Angeles : I 'm not the fiduciary. I 'm representing George Gagnan. The appraisal is a figure with respect to the purchase of the estate. I 'm talking about a situation at the corner of three streets where I can have two boarders tomorrow with cars parked out front and nobody can say anything. Ilam offering something that is realistic. Mr . Hacker : Hearing is closed . Mr . Fleming : Do you feel that its a condition precedent that a person or persons who own property list that property with a registered Real Estate Broker prior to seeking a Variance or Permit. Mr . Angeles : I don' t know if that is a condition of precedent. I don ' t consider that it is . Mr . • Fleming : It was not necessary for the Peitioners or Sellers to MINUTES May 13, 1987 Continued Page 7 • 25 WASHINGTON STREET - GEORGE GAGNAN before hand list with a Broker. Would you be adverse if the Petition was acted upon favorably to come into a more concrete arrangement with the City of Salem and its Off-Street Parking Commission relative to a leasing arrangement for a longer period of time with the municipal garage and with that being the condition of the granting of the Variance. Mr . Angeles : You can make it a condition of the granting that we would obtain parking in a parking relationship in a contract form with the garage and if we loose it then our bed and breakfast is gone. We are willing to do that. Mr . Fleming : No provision for employee parking. Our Zoning Ordinance as far I can determine would require one space per room and one space for each two employees . Is there one additional employee being considered to this operation of this bed and breakfast. Mr . Angeles : There will be none. Mr . Luzinski : Do Mr . and Mrs. Gagnan have a family? Mr . Angeles : Its my understanding the childre are gone or are going. It will be just Mr . and Mrs. Gagnan living in the house. Mr . Strout: How many bedrooms will be up on the third floor? The Board : The third floor is not layed out. Mr . Angeles : There are two bedrooms on the third floor . Mr . Hacker : I have mixed feelings about this. I agree with the Attorney when he stated that this is not strickly an R-2 neighborhood . I think there is a need for bed and breakfast lodging in the City, however , I have a very big problem • with the fact that the Attorney has alluded to the fact that the current owners are not going to have it stolen from them. Maybe their expectations are greater . The two items that have come to us have been business and money making propositions by the applicants. I 'm not so sure that this couldn ' t be sold at a reasonable price and be maintained as a two-family or two condominium unit with the addition of a parking space without the threat of having the current owners tear everything up and change the character of the house. Mr . Fleming : Impressed with present single family residence is a gracious and beautiful home. I don 't think that there are any buyers out there for this type of home. Impressed with fact that there is a real strong hardship with trying to sell this property. I don ' t believe when you sell property you must go to Broker and I don ' t believe when you come to this Board for a Variance or Special Permit that you have to go to a Broker . So I don' t buy that argument. I 'm impressed by the extent of improvements that the Petitioner would make at the property. I understand Mr . Pelletier 's argument that some of these would not be expended if he were just using it as a residential home. Mr . Michaud , one of the abutters , would be impacted by more cars in the neighborhood because of nonavailability of space for his own commercial venture would speak in favor . I 'm impressed that there is no exterior and little interior change proposed by Mr . Gagnan. I 'm impressed that it ' s limited , a four unit bed and breakfast which means maybe . eight people per night. I 'm impressed that they met with the Salem Common Neighborhood Association. I ' m not impressed with MINUTES May 13, 1987 Continued • Page 8 25 WASHINGTON STREET - GEORGE GAGNAN Mr . David 's argument that his would not add much to Salem. I don' t know how we can resolve the parking problem in this area. We have to make a decision tonight on current Zoning Ordinance so new zoning does not apply. One final argument is why most people are here tonight in opposition of impact on different use. This is the reason I will vote against this proposal tonight. Mr . Luzinski : Mixed emotions , less impact than the last porposal they brought against this house. I like the idea of the owners living in it. I 've also enjoyed tourist going into some of our better houses and bringing back home the feeling of Salem. They are not going to have full capacity every night. So it won' t effect the neighborhood every night. I don ' t think we can alleviate the parking problem. All we can do is lessen the problem, not make it worse. Mr . Fleming : move at this time to grant the relief requested in the Petition of George Gagnan of One South Shore Avenue of Peabody, Mass. for the allowance of the Petition seeking Variance and Special Permit for the use of the Property at 25 Washington Square North currently in a R-2 Zone as a bed and breakfast and further for a Variance as to the parking requirements with the following conditions : that the Petitioner enter into an agreement with the Off-Street Parking Commission of the City of Salem for an annual contract for the parking of five vehicles and that such condition be permanently part of the • Variance; no exterior changes be made to the property including sinage ; that all work have the approval of the Salem Historic Commission since the subject property is located within the bounds of an established historic district; that all requirements of the Salem Fire Department and the Commonwealth of Massachusetts Building Code relative to an Inn to be complied with in relationship to fire safety; garage currently shown on plan remain and it be used solely for parking by the owners ; that all green space and street scape be maintained by Petitioners and/or subsequent owners ; that all licenses that are necessary for the operation of a bed and breakfast be obtained from the Salem Licensing Board ; that all proposed work and plans for Petitioner be done by Building Permit obtained from the Salem Building Inspector; prior to occupancyeither as a resident, either the residential portion of the plans use or the guest portion of plans use that Certificate of Occupancy be obtained . Mr . Strout seconded . UNANIMOUSLY DENIED Mr . Hacker recessed the meeting for 10 minutes. Mr. Hacker at this time appointed Peter Dore as a voting member . 9 NORTHEY STREET - JAMES & CATHERINE ADAMS Petitioner requests a Special Permit to convert three family • dwelling into a four family dwelling in a R-2 Zone . Mr . Fleming read application. No correspondence. Henry Lucas , Esq. , MINUTES May 13, 1987 Continued Page 9 • 9 NORTHEY STREET - JAMES & CATHERINE ADAMS 133 Washington Street representing the Petitioner . Mr . Lucas : The Board has before it the proposed parking arrangement which has been outlined by the North Shore Survey Corporation as is described in Petition there is a garage which is proposed to be removed and six adequate 9 x 22 parking stalls have been laid out. Premises in question are located directly abutted by 130 Bridge Street which is a 16 family use presently, and on the other side 11 Northey Street which is a two-family and various locations up and down the street, mixes of four family, there is an eight family, 35-41 Northey Street. Mr . Fleming : I have a signed Petition from abutters at 11 Northey Street signed with conditions. The conditions are : The Special Permit be owner occupied, parking being enclosed by fencing and is consistant to what is there, the historical integrity of the building be maintained and also a letter from Julie Lufkim who is in support. Mr . Lucas : Submitted photos to show driveway of location of garage. The garage is suppose to be removed and the fence will be moved back as per plot plan. Clients have prepared basic layout of inside. Mr . Hacker : Anyone here to speak in favor. None Mr . Hacker : Anyone opposed? Michael Pelletier, 25 Andrews Street : An R-2 Zone the emphasis is on residential first a two means, two dwelling units. There is a 16 unit on corner . There will be a disaster if we continue to try to squeeze in as many as • possible. Traffic congestion. Nestor : Opposed. Micky Benson, Corner of Northey and Bridge : There is a problem with parking. An extra unit as long as there is adequate parking won' t make a difference. In favor . Mr. Hacker : Rebuttal. Mr . Lucas : People directly affected by the Petition support it by submitted letter . Parking is going to resident sticker problem. We are creating six new parking spaces. Mr . Strout: How many spaces exist now? Mr . Lucas : There are four . Mr . Strout : Will there be any changes to the exterior? Mr . Lucas : None. Mr . Fleming : Will it be a necessity for exterior stairwells? Mr . Lucas : No, there are adequate stairwells within the building. Units are on first, second and third floor . The fourth unit needs a bathroom. We have to add a bathroom to first floor. No additions. Two kitchens exist on first floor . Mr . Fleming : How old is the younger of the two kitchens? Mr . Lucas: 70 years. Mr . MacIntosh, Fire Department came to see the apartment. Mr. Lucas : Never had money to improve the property. Mr . Fleming : Move at this time to grant the Petition of James and Catherine Adams for the property located at 9 Northey Street in a R-2 Zone. Said Petition granting a Special Permit to extend the current use of the structure located there from a three family to a four family with the following conditions : property remain owner occupied at all times ; that the parking area as shown on submitted parking plan maintain six parking spaces and said area be enclosed by a fence as described in attached photos ; historical integrity of building especially exterior be maintained; garage shown on submitted plans • be demolished that Permits for the demolition be obtained under MINUTES May 13, 1987 Continued Page 10 • 9 NORTHEY STREET - JAMES AND CATHERINE ADAMS our City Ordinance relative to demolishen and not before ; all requirements of Salem Fire Department relative to fire safety be adhered to; Building Permit be obtained for any necessary work from Salem Building Inspector ; Certificate of Occupancy be obtained prior to occupancy of the tenants . Mr . Luzinski seconded . UNANIMOUSLY GRANTED 152 MARLBOROUGH ROAD - THADEOUS & FELICIA WEAVER Petitioner requests a variance from lot area, area per dwelling unit, and lot width to allow construction of a single family modular home in a R-1 Zone. Mr . Fleming read application. John Serafini, Esq. representing Mrs. Weaver. Mr. Serafini : Has plot plan showing proposed dwelling. 24 x 52 modular homes. Lot has approximately 10, 992 square feet. 15, 000 foot area required. Many lots subdivided back in 1920 's . Many of the lots are nonconforming. Mr . Hacker : Anyone this evening like to speak in favor? Stephen Capallas, 156 Marlborough Road : In favor as long as it applies. My lot is 150 feet front, over 360 feet back. Al LaChappell, 150 Marlborough Road : No objection. Mr . Hacker : Anyone opposed? Kurt Green, Owner of property behind Weaver : The area of Rockdale Avenue, Salem Avenue and Vista Avenue under • development. 50 feet frontage would start to strangle the area. Mr. Hacker : The Board takes every Petition individually. Janis Green : If the property in question is granted, the Variance and the thus property is sold , without the construction taken place, will Variance go with the sale of the property? Mr . Hacker : The Variance goes with the land, however , there is a time period . If it is not built within one year of variance it will automatically be revoked. Mr . Fleming : Has to be setback at least 30 feet from property line. Current Ordinance states 15, 000 square feet of plan. House can only occupy 358 of the land and is going to exceed that figure to a certain extent. (Chapter 40A) . Mr . Serafini : 33 feet from property line. Mr. Hacker : Blasting is done by the Fire Department. Mr . Fleming : Investigate after blasting then you have a case. Mr. Hacker : Opportunity for rebuttal. Mr . Serafini : Single lot, one use, for Mr . Weaver . Zoning has changed and owners are at a disadvantage. Many lots vary in size. Mr . Fleming: What percentage would be in terms of house to lot. Mr . Serafini : Might be just over the requirement. 24 x 52 feet would be acceptable. Mr . Hacker : Hearing closed. Mr . Fleming : I move at this time to grant the relief Petitioners Thadeous and Felicia Weaver for Variances from lot area, are per dwelling unit, and lot width to allow construction of a single family modular home at 152 Marlborough Road in a R-1 Zone with the following conditions : the single family dwelling to be built there not exceed the size of 24 x 52 feet; located no closer to the rear boundary than 33 feet; the house be situated as per plot plans • submitted ; proper numbering be obtained from the Assessors office MINUTES May 13, 1987 Continued Page 11 • 152 MARLBOROUGH ROAD - THADEOUS & FELICIA WEAVER of the City of Salem relative to this particular lot; the house be built in compliance with all the provisions of Massachusetts Building Code; proper Building Permits and Certificate of Occupancy be obtained from the Salem Building Inspector ; all the relevant provisions of the Salem Fire Department relative to fire safety be adhered to. Mr . Strout seconded . UNANIMOUSLY GRANTED 441 LAFAYETTE STREET - MARQUIS MAGEE Petitioner requests for a Variance from side yard setback requirement to allow existing deck in a R-1 Zone. Mr . Fleming read direct appeal, no other correspondence. Robert Ledoux, Esq. , 9 Federal Street, representing Mr. Magee. Mr . Ledoux : There is absolutely no truth this was going to become condominiums. This is a single family house in a single family residence. Two lots Mr . McGree owns. Neither in itself is large enough to construct a building on. In 1979 Mr . McGee submitted plans to the Conservation Commission and Building Department, permits did issue. Cannot find plans in the Building Department. Either the contractor or land surveyor apparently made an error at the time it was submitted . We are asking to allow the deck to stand as is, • it will be owner occupied , no change at all . the foundation is 10 feet off. Mr . Hacker : Anyone to speak in favor? None. Mr . Hacker : Anyone opposed? Tim Noonan, 4 Bay View Avenue : My concern is if its approved it would set a basis precedent for continued encroachment on adjacent wet and tidelands as well as State and City owned and City maintained seawall . Route 114 which is the retaining wall structure both a Chapter 90 State funded construction. Reason it is noted that a survey has been made from one end of wall to other and is so marked. Why would it be necessary to survey which is City owned and City maitained? In opposition. Roland Gauthier, One Fairview Road : Rumors about condos and it upset the entire neighborhood . Granting Variance might set a precedent for further variations in time. I 'm opposed . Mr . Fleming : The Petitioner is not asking to build anything . Mr . Gauthier : If the deck were modified to conform with the foundation without the expense for relief would it really create a financial hardship? Henry O'Donnell, 17 Hemingway Road : In opposition. A violation in sale process. Jean Pelletier, 54 Raymond Road. Oppose Variance. Could we see a Building Occupancy Permit? Mr . Fleming : On file at Building Inspectors office. Mr . Pelletier : Are you sure there is one family in that house? Mr . Ledoux : Mr. McGee is sitting here and Mr . Green is buying the property. Mr . Pelletier : I believe there is two families. Mr . Ledoux : One family. Mr. Fleming : It' s considered as a single family in the City of Salem. Neil Horihan, . 436 Lafayette Street: In opposition. Arthur Dunn, 430 Lafayette Street : No objections as long as the Board considers that they MINUTES May 13, 1987 Continued Page 12 • 441 LAFAYETTE STREET - MARQUIS MAGEE will conform. Ronald Harrison, 450 Lafayette Street: No objection, concerned with future. A. Taschner, 462 Lafayette Street : In favor as long as it doesn' t create a precedent. Mr . Hacker : Opportunity for rebuttal. Mr . Ledoux : We are only here because the mortgage survey plan showed a two feet encroachment. There is absolutely no change in the dwelling as its been in existence for the past eight years. Mr . Luzinski : Are both lots being sold? Mr . Ledoux : Yes. Mr . Fleming : Permits show revision of the plan. Was the deck first not planned for and then revised. Mr . Ledoux : No the foundation plan was revised. No relation to deck . Mr . Fleming : Would it be economically and aestetically feasible as well as utilitarian argument to take off that portion of deck that encroaches on the lot line to the Salem side of lot. Angling deck back towards the water so it would be 10 feet. Mr . Ledoux : Impossible for me to answer . Mr . Fleming : Question of the deck on the back being eight feet from the side line. Rather than 10 feet asking to remain where it is. Mr . Fleming : Suggest the following with the passing scheduled for on or before July 1st, there is a short amount of time . Mr . Ledoux could sit down with the opposing people, work a resolution of altering the deck or maybe explain what exactly is being asked here. Mr. Luzinski : Lets proceed tonight its a minor. thing . Engineering lines be removed . Mr . • Fleming : I move at this time to grant the relief of the Petition of Marquis Magee for a Variance from side yard setback requirement as shown on plans submitted to allow existing deck to exist within eight feet +/-from the Northerly side guideline, with the following conditions : no changes be made in existing structure as it exists on lot 40A, 441 Lafayette Street that is not permitted by the current Zoning Ordinance; Certificate of Occupancy be obtained by the Petitioner from the City of Salem within 30 days ; Engineering lines placed on the riff raff wall along Lafayette Street be removed by the Petitioner within 30 days ; nothing in decision be interpreted as allowing any extention of use or precedent for such extention. Mr . Strout seconded . UNANIMOUSLY GRANTED 18 INTERVALE ROAD - GEORGE & MICHELLE GIRARD Petitioner requests a Variance to allow property to be divided into two lots, A & B , and to construct family dwelling on Lot B in a R-1 Zone. Mr . Fleming : Suggests it is a direct appeal. No correspondence. Mr . Strout : I 'm a direct abutter and I 'm not comfortable voting on this. George Girard, 83 Andover Street, Peabody , Mass. Michelle Girard : This is land my parents own and we want to subdivide it here, and build here. Everything is fine except the square footage. Mr . Fleming: Variance would be lot size, both lots would be nonconforming , one would be 13 feet and the other 11 feet. Mr . Hacker : To allow they would have to move house back 10 feet. Mr. Luzinski : Frontage would be on Riverview. MINUTES May 13, 1987 Continued Page 13 18 INTERNALE ROAD - GEORGE & MICHELLE GIRARD Ms. Girard : Driveway would be on Intervale. Mr . Hacker : Anyone to speak in favor? Peter Strout, 29 Riverview Street: In favor. Jeanette Davise, 18 Intervale Road : In favor . None opposed. Mr. Hacker : Hearing closed. Mr . Fleming : I move at this time to grant the relief requested from Petitioners George and Michelle Girard, a Variance to allow property at 18 Intervale Road currently in a R-1 Zone to be divided into two lots said lots lettered A & B and to construct a single family dwelling on Lot B ; conditions being : that the subdivision of two lots and construction of the single family home be as per plans shown ; that all necessary Building Permits be obtained from the Salem Building Inspector ; Certificate of Occupancy be obtained prior to the dwelling on Lot before being occupied; proper numbering be obtained from the City Assessors office; all relative requirements of the Salem Fire Department relative to fire safety be adhered to ; all provisions of the Massachusetts Building Code be followed . Mr . Luzinski seconded . UNANIMOUSLY GRANTED Mr . Fleming : Motion to adjourn meeting. Mr . Luzinski seconded. Meeting adjourned at 10:55 p.m. Respectfully s tted: Iab �neDeoe, S�ry protein.