1 BARTON STREET - BUILDING JACKET bd %Oti OZSVL
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DECISION ON THE PETITION OF EASTERN PULMONARY SERVICES, INC. (Petitioner) FOR
A VARIANCE AT 85 BRIDGE STREET/d`BARTON STREET (B±1 ) , RUSSEOO GREEN, JR. (OWNER)
A hearing on this petition was held September 24, 1989 and continued until
November 16, 1989 and November 29, 1989 with the following Board Members present:
James Fleming, Chairman; Richard Bencal, Vice Chairman; John Nutting, Secretary;
Richard Febonio and Associate Member Arthur LaBrecque. Notice of the hearing was
sent to abutters and others and notices of the hearing were properly published in
the Salem Evening News in accordance with Massachusetts General Laws Chanter 4OA.
Petitioner is requesting Variances from density, setbacks, use and parkin.- to
allow office, storage, sales and distribution use in this B-1 zone. Proeerty is
owned by Gempire Realty Trust, Russeoo Green, Jr. , Tr.
The Variances which have been requested may be granted upon a finding of -he
Board that:
a. special conditions and circumstances exist which especially affect the Land,
building or structure involved and which are not generally affecting other
lands, buildings and structures in the same district;
• b. literal enforcement of the provisions of the Zonir..- Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner;
r, desirable relief may be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent of the
district or the ouroose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented at the
hearing, and after ,viewing the plans, makes the following findings of _`act:
1 . Both support and opposition to the plan was presented.
2. The lot previously contained a mixed business and residential use.
3. The petitioner met with the Salem Fire Dept. for their assistance with
a business of this type.
4. The petitioner met with and attempted to satisfy all concerns of neighbors,
abutters and others.
5. This type of business is a type that generates very few on site sales, most
are done at residences.
6. The property, as it now exists, is an eyesore and the new building will add
. much to the area in keeping with the City's master plan.
1
DECISION ON THE PETITION OF EASTERN PULMONARY SERVICES, INC. (PETITIONER)
• RUSSEEOO GREEN, JR. (OWNER) FOR VARIANCE AT 85 BRIDGE ST./1 BARTON ST. , SALEM
page two
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property but
not the district generally.
2. Literal enforcement of the provisions of the Ordinance would work a
substantial hardship on the petitioner.
3. The relief requested can be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent of
of the district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief
requested, subject to the following conditions:
1 . Petitioner comply with all requirements of the Salem Fire Dept.
2. Proper numbering be obtained from the City of Salem Board of Assessors.
3. All construction be done as Der the plans submitted and as per all existing
City and State Building Codes.
. 4. All dimensions be as per the plans submitted.
5. Parking to be provided and maintained as shown on the plans.
6. That safety precautions during construction be undertaken to take into
account the residential nature of the neighborhood.
Truck deliveries be made between 9:00 a.m. and 2:00 p.m. .
3. A six (6) foot high fence be built along the North side of the property
and be maintained by petition, heirs and/or assigns.
9 Hours of operation, except for emergencies, shall be 7:30 a.m. to 7:00 p.m. ,
Monday to Friday. No regular business hours shall be on Saturday, Sunday
or Holidays, except for emergencies.
10. All storage of product shall comply with all applicable city and state codes.
11 . A Certificate of Occupancy shall be obtained for the buildings. `
GRANTED
®�o u � '
chard A. Bencal, Vice Chaff an
• A COPY OF THIS DECISION HAS B,ZEN F11,.ED .WITH HE PLANING BOARD � CSI
ND TPE }Y CLERK
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cr s cn i ;m! ra r Je uan to Sac ion 1 a
ai Laws. c!or W3 and -r be riled withm 2, 'lays
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Is rcccrded and noted on the oxner's Cartifcaia of Title.
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POST OFFICE BOX 516 METHUEN, MASSACHUSETTS 01894 TELEPHONE (617)686-5000
FEB i
J
Date: January 29, lffl� OF -�I '
-
SA: -S.
Building, Commissioner/Inspector of Buildings
City Hall
Salem, Massachusetts 01970
NOTICE OF CASUALTY LOSS TO BUILDING
UNDER MASSACHUSETTS GENERAL LAWS, CHAPTER 139, SECTION 3B
Claim has been made involving loss, damage or destructions of the property
captioned below, which may exceed $1,000.00 or cause Massachusetts General
Laus, Chapter 143, Section 6 to be applicable. if any notice under Massa-
chusetts General Laws, Chapter 139, Section 3B is appropriate, please direct
it to the attention of the writer and include a reference to the captioned
insured, location, policy number, date of loss, and file number.
Insured: Gempire, Inc. & Gempire Realtq Trust
Property Address: 85 Bridge St. , & ,l_Barton'Stre—et .
Salem, mass.
Policy No. : 07-002-5028
Loss of May 3 19 85
File No. : M-403-85
Title: Adjuster
On this date, I caused copies of this notice to be sent to, the persons named
above at the addresses indicated above by first class mail.
Signature and date