77 BEAVER STREET - BUILDING JACKET 77 Beaver St. l
Certificate Number: B-141732 Permit Number: B-141732
Commonwealth of Massachusetts
City of Salem
This is to Certify that the Comm Storage Building located at
Building Type
........................................................................._77 BEAVER STREET.......................................................................... in the .....................................City of Salem
Address Town/City Name
IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY
Second Floor apartment over garage
DAVID FRANK
This Permit is granted in conformity with the Statutes and Ordinances relating thereto, and
expires ...............................Not Applicable., unless sooner suspended or revoked.
Expiration Date
Issued On: Thursday, June 23, 2016
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°a°"^ Commonwealth of Massachusetts
City of Salem
w 120 W ashington St.3rd Floor Salem,MA 01970(978)745-9595 x5641
Return card to Building Division for Certificate of Occupancy
Permit No. B-14-1732 PERMIT TO BUILD
FEE PAID: $301.00
DATE ISSUED: 11/6/2014
This certifies that FRANK DAVID
has permission to erect, alter, or demolish a building 77 BEAVER STREET Map/Lot: 160182-0
as follows: Additions - 1 & 2 Family ADD SECOND FLOOR APART MENT TO EXISTING STRUCTURE
Contractor Name: Oneils Handyman Services
DBA:
Contractor License No: 103066
11/6/2014
Building Official Date
This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within six months after issuance.The Building Official
may grant one or more extensions not to exceed six months each upon written request.
All work authorized by this permit shall conform to the approved application and the approved construction documents for which this permit has been granted.
All construction,alterations and changes of use of any building and structures shall be in compliance with the local zoning by-laws and codes.
This permit shall be displayed in a location clearly visible from access street or road and shall be maintained open for public inspection for the entire duration of the
work until the completion of the same.
The Certificate of Occupancy will not be issued until all applicable signatures by the Building and Fire Officials are provided on this permit.
HIC #: 'Persons contracting with unregistered contractors do not have access to the guarantyfund'(as set forth in MGL c.142A).
Restrictions:
Building plans are to be available on site.
All Permit Cards are the property of the PROPERTY OWNER.
Commonwealth of Massachusetts
` City of Salem
a6
a
s 120 Washington St,3rd Floor Salem,AAA 01970(978)745-9595 x5641
M ,
Return card to Building Division for Certificate of Occupancy
Structure CITY OF SALEM BUILDING PERMIT
PERMIT TO BE POSTED IN THE WINDOW
Excavation
Footing INSPECTION RECORD
Foundation _
Framing O
Mechanical
Insulation INSPECTION: BY DATE
Chimney/SmokeC ber
Final
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1� Plumbing Gas
Rough:PlumtlRtg 'l
Rough:Gas
Final t
Electrical
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Rough
Final (�
it Depa nt
Prelimi
Final
Health Department
Preliminary
Final
0077 BEAVER STREET 144-05
GIS#: ]zs COMMONWEALTH OF MASSACHUSETTS
Map: 16
Block: CITY OF SALEM
Lot: 0182
Category: REPAIRIUPLACE
Perm[t# 144-05 BUILDING PERMIT
Project# JS-2005-000146
Est. Cost: $3,000.00
Fee Charged: $35.00
Balance Due: $.00 PERMISSION IS HEREBY GRANTED TO:
Const. Class: Contractor: License: Expires:
Use Group: A.B.CARNES, INC. STATE-068139
Lot Slze(sq.ft.). 4856.0688
Zoning: R2 - Owner: A B Carnes Inc
Units Gained: Applicant: A.B. CARNES,INC.
Units Lost AT: 0077 BEAVER STREET
Dig Safe#:
ISSUED ON: 03-Aug-2004 AMENDED ON: EXPIRES ON. 03-Feb-2005
TO PERFORM THE FOLLOWING WORK:
144-05 STRIP AND RE-ROOF TJS
POST THIS CARD SO IT IS VISIBLE FROM THE STREET
Electric Gas Plumbing Buildin
Underground: Underground: Underground: Excavation:
Service: Meter: Footings:
Rough: Rough: Rough: Foundation:
Final: Final: Final: Rough Frame:
Fireplace/Chimney:
D.P.W. Fire Health
Insulation:
Meter: Oil:
Final:
House# Smoke:
Treasury:
Water: Alarm: Assessor
Sewer: Sprinklers: Final:
THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION OF ANY OF ITS
RULES AND REGULATIONS.
Signature:
Fee Type: Receipt No: Date Paid: Check No: Amount:
BUILDING REC-2005-000153 03-Aug-04 1166 $35.00
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�GeoTMS19)2013 Des Lauriers Municipal Solutions,Inc.
- tsusiness certificate
!may City of *stem, A0.5acbugettg
DATE FILED �— _�✓ Type: (/ New
Expiration Date X2.2, /199 0 Renewal, no change
Number 95-44 0 Renewal with change
In conformity with the provisions of Chapter one hundred and ten, Section five of the Massachusetts General
Laws, as amended, the undersigned hereby declare(s) that a business is conducted under the title of.
rhr C Rv/c e D cPl-
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type of business o '/ Rulu,tEA P
by the following named person(s): (Include corporate name and title if corporate officer)
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Full Name Residence
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on- Puf -19-Z2the above named person(s) personally appeared before me and made an
oath that the foregoing statement is true.
- , ..G e.-6 �°`�---------------- -----------------------------------------------------
CITY CLERK Notary Public
(seal)
Date Commission Expires
Identification Presented
State Tax I.D. # S.S. # 0/9
(if available)
In accordance with the provision of Chapter 337 of the Acts of 1485 and Chapter 110, Section 5, of Mass.
General Laws, business certificates shall be in effect for four(4) years from the date of issue and shall be
renewed each four years thereafter. A statement under oath must be filed with the town cleric upon
discontinuing, retiring, or withdrawing from such business or partnership.
Copies of such certificates shall be available at the address at which such business is conducted and shall be
furnished on request during regular business hours to any person who has purchased goods or services from
such business.
Violations are subject to a fine of not more than three hundred dollars ($300.00) for each month during which
such violation continues.
ZONING BOARD OF APPEALS
PETITION FORM
CITY OF SALEM, MASSACHUSETTS
�cONpITq,9�\
ZONING BOARD OF APPEALS
:4
120 WASHINGTON STREET,3"o FLOOR
W
SALEM,MASSACHUSETTS 01970 r s
la fm b
, Thomas St.Pierre,Director of Inspectional Services �'n �
`* b Pi t.978-619-5G41'f.978-740-9846 n N
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Danielle McKnight,Staff Plattnerr—".,;w.
t.978-619-5685/f 9-18-740-0404
TO THE BOARD OF APPEALS: N
The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: J7",.,, N
cn ,c
r.
Address:_) 7 6eaVee- b+reZ'�- Zoning District:
An application is being submitted to the Board of Appeal for the following reason(s): This statement must
describe what you propose to build, the dimensions, the zone property is in, and the zoning requirements. Example:
I am proposing to construct a 10'x 10'ane story addition to my home located at 3 Salem Lane, in the R-2 Zoning
District. The Zoning Ordinance requires the minimum depth of the rear yard to be 30 feet. The current depth of my
rear yard is 32 feet;the proposed addition would reduce the depth of the rear yard to 22 feet.
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For this reason I am requesting:
O Variance(s)from provisions of Section of the Zoning Ordinance,specifically from
(i.e. minimum depth of rear yard).
What is allowed is (ft?sq ft?stories? %?), and what I
am proposing is (ft?sq ft?stories?%?).
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( Special Permit under Section 1 •d:_}of the Zoning Ordinance in ordet-V /l (Ak, c�_
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iSStiec(. ,fa 0 -lc;lvrnirl`tilL l3c+rr� CaYni
( )Appeal of the Decision of the Building Inspector(described below):
The Current Use of the Property Is: C i Are the lot dimensions included on the plan?
(example: Two Family Horne) (Ofh4ruc4wvt O Yes O No n/a because
{Jr,kC h01)SC_.
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and allow
the project to be constructed as per the plans submitted,as the enforcement of said Zoning By-Laws would involve
practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially
derogating from the intent and purpose of the Zoning Ordinance.
ZONING BOARD OF APPEALS
PETITION FORM.
The following written statement has been submitted with this application-
For all Variance requests a written Statement of Hardship demonstrating the following must be attached:-
a) Special conditions and circumstances that especially affect the land,building,or structure involved;
generally not affecting other lands,buildings,and structures in the same district;
b) Literal enforcement of the provisions of the Ordinance would involved substantial hardship to the
applicant;and
c) 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 purpose of the ordinance.
Vl(()r all Special Permit requests a Statement of Grounds must be attached. An application for a special permit for
a nonconforming use or structure shall include a statement demonstrating how the proposed change shall not be _
substantially more detrimental than the existing nonconforming use to the neighborhood in accordance with Art. V,
§-5-3. Such a statement should include reference to the following criteria:
a) _ Social,economic,or community needs served by the proposal;
_ b) Traffic.flow and safety,including parking and loading; ,
C) -Adequacy of utilities and other public services; ..
d) Impacts on the natural environment,including drainage;
e) Neighborhood character;and
- f) Potential fiscal impact,including impact on City tax base and employment.. -
Previous applications to the Board of Appeals involving this property have been submitted with this petition
form. The Building Commissioner can provide documentation of previous applications to the petitioner or his
representative.
If different from petitioner. A C
Petitioner: Ala+Ll?rn W- r P! Property-Owner: itn
wner: 1� rrq (Cl ✓`-A 5
Address: 3 fiaAtd r L CA&4dj rA,-"Wdress: 3aAm),*wd �Q vr�KOL• �(�
MA on t5'
Tele h ne: -7 one:
i
_ . Signature - Ita ' Attached consent letter is also accep le),
3 � 3 � - z, �•i �
Dat6 Date
If different from petitioner:
A TRUE Representative:
ATTEST
Address:
Telephone:
Signature
Date. ^ _
DATE SUBMITTED TO
BOARD OF APPEALS:
CITY CLERK
This original application must be filed with the City Clerk.
o
Eagle - Tribune
Salem News
Newburyport Daily News
Gloucester Times
REQUEST FOR LEGAL NOTICE
understand that by signing this form I am agreeing to the cost of the legal notice to be published in the newspaper.
Payment is required at the time of the legal notice received by the city. Please make checks payable to the paper that
will be publishing the legal notice.
**Average legal notice costs are estimated.
"Customer will either be refunded or billed when the legal notice Is published.
Eagle Tribune Paper=$200.00 per day
Essex County Papers =$250.00 per day
Check# �-� C>o1
Credit Card (please call with the credit card information to the person receiving the legal notice at our paper)
ja V
P4 13
Signed Applicant/Authorized Agent Date
Print Name
Address Ilkeil s
Qeuef� NVa, vi�1i5
Phone
Statement of Grounds
77 Beaver street is a 1200 square foot concrete block building. It is one story with a
flat roof. It sits on a level paved 4700 Square foot lot that is fenced in.
The current occupant of 77 Beaver Street is a contractor/roofing company,who was
granted a special permit on May 12, 2004.
We are proposing a modification of a special permit that was issued for a non-
conforming use to Barry Carnes Roofing.
We are a small residential carpentry company that specializes in finish work and
interior construction.We have been in business for 12 years.We have typically had
1-3 employees.
It would have a positive impact on the community because:
1) Smaller vehicles will be parking on premises than the current roofing
company.
2) Less construction materials will be stored outside building.
3) NWS Contracting is a residential carpentry company,so any impact on
neighborhood would be similar to a residential neighbor who may be a
carpenter.
4) No large construction equipment will be at location.
5) 90% of NWS Contracting operations occur off site, and the location of 77
Beaver Street will primarily be storage.
NWS Contracting has been based out of the home of Nate Stein in Beverly MA with
no objection from any Neighbors for the last 12 years.
CITY OF SMASSACMUSE� Dic- SALEM S A
BARD OF APPEAL
(' C
� 120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA 01970
TEL. (978) 745-9595 1QOff MAY
FAX (978) 740-9846 P 1: 31
STANLEY J. LISOVICZ, JR.
MAYOR
DECISION ON THE PETITION OF BARRY CARNES REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 778 BEAVER STREET 8-2
A hearing on this petition was held on April 21, 2004 and continued on May 12, 2004
with the following Board Members present: Nina Cohen, Chairman, Stephen Harris,
Nicholas Helices, Richard Dionne and Bonnie Belair. 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 Chapter 40A.
Petitioner requests a Special Permit to change an existing non-conforming use to allow a
construction warehouse for the property located at 77 Beaver Street R-2.
The provision of the Salem Zoning Ordinance which is applicable to this request for a
Special Permit is section 5.3 (2) (8), which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the Board of
Appeal may, in accordance with the procedure and conditions set forth in Section 8-6
and 9-4, grant Special Permits for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extension of expansion, of nonconforming
lots, land, structures, and uses, provided however, that such change, extension,
enlargement of expansion shall not be substantially more detrimental than the existing
nonconforming use to.the neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests, guided by
the rule that a Special Permit request may be granted upon a finding by the Board that
the grant of the Special Permit will promote the public health, safety, convenience and
welfare of the City's inhabitants.
A. Special conditions and circumstances exist which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings or
stuctures in the same district.
B. Literal enforcement of the provisions of the Zoning Ordinance would involve
Substantial hardship, financial or otherwise, to the petitioner.
C. 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
purpose of the ordinance.
The Board of Appeal, after careful consideration of the evidence presented; and after
viewing the plans, makes the following findings of fact
CIY C SALEM MA
CLERK'S OFFICE
DECISION ON THE PETITION OF BARRY CARNES REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 77 BEAVER STREET R-2
page two Z004
MAY ! ? P i: 31
1. Petitioner Barry Carnes presented the petition at the first hearing.
2. The property has always been a nonconforming use. The business will have no
employees remaining on site.
3. The property will be used for storage only of the following items; roof shingles,
roofing materials, sheet metal, plywood, 3 vehicles and equipment.
4. No construction activity will occur on site. No construction debris will be brought
to the site.
5. Irene Froncki of 5 Suford Street spoke in opposition.
6. Joe George of 81 Beaver Street spoke in opposition based on tight neighborhood
and addition noise created.
7, Patricia Amey of 68 Beaver Street spoke in opposition.
8. Stan Fronckie of 152 Boston Street Unit 1 spoke in opposition
9. Councillor Michael Bencal spoke in opposition and wanted neighborhoods
Involved.
10. At the May 12'" hearing, Attorney Scott Grover represented the petitioner.
11. Attorney Grover presented the results of the neighborhood meeting with
Councillor Bencal and the petitioner in letter form dated May 6, 2004 as follows;
a) No exterior signs
b) No hazardous materials stored on site
c) No dumpsters or containers be stored outside the building
d) All deliveries are restricted to times as set by ordinance except Saturday
deliveries be restricted to no earlier than 9:00 a.m.
12. Petitioner agreed to construct 8-foot fence abutting 148 Boston Street.
13. Stanley Froncki spoke in favor based on agreement with neighborhood.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows;
1. Literal enforcement of the provisions of the ordinance would involve substantial
hardship on the petitioner.
2. The relief requested can be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent of the district or the
purpose of the ordinance.
3. The Special Permit granted can be granted in harmony with the neighborhood and
will promote the public health, safety, convenience and welfare of the City's
inhabitants.
Therefore, the Zoning Board of Appeal voted 5 in favor and 0 in opposition, to grant the
relief requested, subject to the following conditions:
1. Petitioner shalt comply with all city and state statues, codes ordinances and
regulations.
2. All requirements of the Salem Fire Department relate to smoke and fire safety shall
be strictly adhered to.
n i -
CIT ,�,.of SALIN. �$
DECISION OF THE PETITION OF BARRY CARNES REQUESTING A SPEGfIL� S OFFICE
PERMIT FOR THE PROPERTY AT 77 BEAVER STREET R-2 c
page three ���� Mpl
3. All construction shall be done as per the plans and dimension submA§A� 11 P 1: 31
approved by the
4. Petitioner shall obtain building permit prior to beginning any construction.
5. Exterior finished of the new construction shall be in harmony with the existing
construction,
8. A Certificate of Occupancy shall be obtained.
7. Petitioner shall construct an 8-foot height stockade fence abutting 148 Boston Street.
8. No exterior signs other than sign on pedestrian entrance door identifying company&
telephone number.
9. No dumpster or container be stored outside the building.
10.No hazardous materials stored on site.
11. All deliveries be restricted to times as set by ordinance except Saturday deliveries be
restricted to no earlier than 9:00 a.m. !
Special Permit Granted
May 12, 2004
Nicholas Halides��JC/h
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17, of MGL Chapter
40A, and shall be filed within 20 days after the date of filing of this decision in the office
of the City Clerk. Pursuant to MGL Chapter 40A, Section 11, the Variance or Special
Permit granted herein shall not take effect until a copy of the decision, bearing the
certification of the City Clerk that the 20 days have elapsed and no appeal has been
filed, or that, if such appeal has been filed, that is has been dismissed or denied is
recorded in the South Essex Registry of Deeds and indexed under the name of the
owner of record or is recorded and noted on the owner's Certificate of Title.
CITY OF SALEM, MASSACHUSETTS
BOARD OF .APPEAL
tt
120WASHINGTON&rRi-r,,r * SALr.,,m,N1ASSAC11USEM 01?M, MAY 20 A
MimBrRLLYDRISCOLL TELE:978-745-9595 * FAX:978-740-9846 HLE #
NiAYOR CITY CLERk, SALDI, Moss
May 20, 2014
Decision
City of Salem Board of Appeals
Petition of DAVID FRANK requesting Variances under Section 3.3.4 Variance Required of the
Salem Zoning Ordinance to allow an extension &structural change to an existing non-conforming
structure for the addition of a second floor and front and rear exterior stairways that increase the
existing encroachment on the required minimum depths of the front and rear yards,to the existing
single-story building,located on the property at 77 BEAVER ST (R2 Zoning District).
A public bearing on the above Petition was opened on March 19, 2014 pursuant to M.G.L Ch. 40A, � 11, The
public hearing was continued to April 16, 2014, and was closed on that date with the following Salem Board
of Appeals members present: Ms. Curran (Chair), Mr. Dionne, Mr. Duffy, Mr. Watkins, and Mr. Copelas
(Alternate).
The Petitioner seeks a Variance from Section 3.3.4 Variance Required of the Salem Zoning Ordinance.
Statements of fact:
1. In the petition date-stamped February 25, 2014, the Petitioner requested a Variance to allow the
conversion of the existing garage building to a single-family residential building, by adding a second
floor and two exterior stairways to the existing single-story building.
2. Attorney Scott Grover presented the petition for 77 Beaver Street.
3. The existing structure is non-conforming in that it has less than the required minimum 15-foot depth
of front yard and less than the required 30-foot depth of tear yard. The existing building is sited on
the lot such that the front yard setback on Beaver Street is five feet, the front yard setback on Safford
Street is 13 feet, and the rear yard setback from the north-westem lot line is 13 feet.
4. The first floor of the building would be utilized as a garage and storage space for the residents.
5. At the March 19, 2014 meeting three abutters expressed their concerns about the petition, and the
applicant requested to continue to the April 16, 2014 meeting in order to address the abutters'
concerns, specifically in regards to the privacy concerns of the direct abutters and the proximity of the
proposed exterior stairways to the adjacent properties.
6. At the April 16, 2014 meeting, to address the privacy concerns of the abutters, the Petitioner
proposed the following: eliminating the window associated with bedroom 3, depicted on the west
elevation of sheet A2.1, of the submitted plans "S&W Realty Trust Addition Project" dated March 18,
2014; and relocating the proposed entry stair from the south elevation of the building to the north
elevation,such that it is located on Beaver Street.
7, The Board discussed the extent to which the existing lot is paved, and agreed that increasing the green
space on the lot would be more in keeping with the proposed residential use.
City of Salem Board of Appeals
May 20,2014
Project: 77 Beaver Street
Page 2 of 3
8. The requested relief, if granted, would allow the Petitioner to convert the existing garage building into
a single family residential building, by adding a second floor and two exterior stairways to the existing
single-story building. One of the exterior stairways, to be located on the south side of the building,
would increase the existing structure's nonconformity by reducing the front yard setback from five
feet to one foot.
9. One written comment in opposition to the petition was received.
The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and
after thorough review of the petition, including the application narrative and plans, and the Petitioner's
presentation and public testimony, makes the following findings that the proposed project meets the
provisions of the City of Salem Zoning Ordinance:
Findings
1. The existing building, a commercial building, is unusual for the residential neighborhood.
2. Literal enforcement of the provisions of the Ordinance would be a substantial hardship — there has
been little demand for commercial use of the existing building.
3. The desired relief may be granted without substantial detriment to the public good, particularly as the
conditions placed upon the approval seek to address the specific concerns of abutters.
4. The desired relief may be granted without nullifying or substantially derogating from the intent or
purpose of the City of Salem Zoning Ordinance, as converting the property from a commercial use to
a residential use is more in keeping with the character of the neighborhood.
On the basis of the above statements of facts and findings,the Salem Board of Appeals voted five (5)in favor
(Mr. Watkins, Ms. Curran, Mr. Dionne, Mr. Duffy, and Mr. Copelas) and none (0) opposed; to grant the
requested Variance to allow the extension and structural change to an existing nonconforming structure, for
the addition of a second floor and two exterior stairways,which would increase the existing encroachment on
the required minimum depth of the front yard, subject to the following terms, conditions, and safeguards:
1. The Petitioner shall comply with all city and state statutes, ordinances, codes and regulations.
2. All construction shall be done as per the plans and dimensions submitted to and approved by the
Building Commissioner
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly
adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior finishes of new construction shall be in harmony with the existing structure.
6. A Certificate of Occupancy is to be obtained.
7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but
not limited to, the Planning Board.
8. The window associated with bedroom 3, depicted on the west elevation of sheet A2.1, of the
submitted plans "S&W Realty Trust Addition Project" dated March 18,2014, shall be removed.
City of Salem Board of Appeals
May 20,2014
Project: 77 Beaver Street
Page 3 of 3
9. The proposed entry stair on the south elevation of the building shall be relocated to the north
elevation, such that it is located on Beaver Street.
10. The green space shall be extended along the south elevation of the house, extending from the building
to the property line.
11. Construction shall conform with the submitted plans, except as specifically noted in this decision.
Rebecca Curran,Chair
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Apteal from this decision,f any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20
days of filing of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or
Special Pemit granted herein shall not take eeect until a copy of the decision hearing the certificate of the City Clerk has been filed with the Esse.South
Registry of Deeds.
r'
CITY OF SALEM9 MASSACHUSET *F S MA
BOARD OF APPEAL x,$ O F OFFICE
Is
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA 01970
FAAX(978)7aa-9846 1004 MAY i l P != 3 j
STANLEY J. USOVICZ, JR.
MAYOR
DECISION ON THE PETITION OF BARRY CARNES REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 77)t BEAVER STREET R-2
A hearing on this petition was held on April 21, 2004 and continued on May 12, 2004
with the following Board Members present: Nina Cohen, Chairman, Stephen Harris,
Nicholas Halides, Richard Dionne and Bonnie Belair. 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 Chapter 40A.
Petitioner requests a Special Permit to change an existing non-conforming use to allow a
construction warehouse for the property located at 77 Beaver Street R-2.
The provision of the Salem Zoning Ordinance which is applicable to this request for a
Special Permit is section 5-3 (2) (8), which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the Board of
Appeal may, in accordance with the procedure and conditions set forth in Section 8-6
and 9-4, grant Special Permits for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extension of expansion, of nonconforming
lots, land, structures, and uses, provided however, that such change, extension,
enlargement of expansion shall not be substantially more detrimental than the existing
nonconforming use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests, guided by
the rule that a Special Permit request may be granted upon a finding by the Board that
the grant of the Special Permit will promote the public health, safety, convenience and
welfare of the City's inhabitants.
A. Special conditions and circumstances exist which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings or
stuctures in the same district.
B. Literal enforcement of the provisions of the Zoning Ordinance would involve
Substantial hardship, financial or otherwise, to the petitioner.
C. 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
purpose of the ordinance.
The Board of Appeal, after careful consideration of the evidence presented, and after
viewing the plans, makes the following findings of fact
CIF," OF SALEM. MA
CLERK'S OFFI&E
DECISION ON THE PETITION OF BARRY CARNES REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 77 BEAVER STREET R-2
page two 1 1004 MAY 11 P 1: 3
1. Petitioner Barry Carnes presented the petition at the first hearing.
2. The property has always been a nonconforming use. The business will have no
employees remaining on site.
3. The property will be used for storage only of the following items; roof shingles,
roofing materials, sheet metal, plywood, 3 vehicles and equipment.
4. No construction activity will occur on site. No construction debris will be brought
to the site.
5. Irene Froncki of 5 Suford Street spoke in opposition.
6. Joe George of 81 Beaver Street spoke in opposition based on tight neighborhood
and addition noise created.
7, Patricia Amey of 68 Beaver Street spoke in opposition.
8. Stan Fronckie of 152 Boston Street Unit 1 spoke in opposition
9. Councillor Michael Bencal spoke in opposition and wanted neighborhoods
Involved.
10.At the May 12t" hearing, Attorney Scott Grover represented the petitioner.
11. Attorney Grover presented the results of the neighborhood meeting with
Councillor Bencai and the petitioner in letter form dated May 6, 2004 as follows;
a) No exterior signs
b) No hazardous materials stored on site
c) No dumpsters or containers be stored outside the building
d) All deliveries are restricted to times as set by ordinance except Saturday
deliveries be restricted to no earlier than 9:00 a.m.
12. Petitioner agreed to construct 8-foot fence abutting 148 Boston Street.
13. Stanley Froncki spoke in favor based on agreement with neighborhood.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows;
1. Literal enforcement of the provisions of the ordinance would involve substantial
hardship on the petitioner.
2. The relief requested can be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent of the district or the
purpose of the ordinance.
3. The Special Permit granted can be granted in harmony with the neighborhood and
will promote the public health, safety, convenience and welfare of the City's
inhabitants.
Therefore, the Zoning Board of Appeal voted 5 in favor and 0 in opposition, to grant the
relief requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statues, codes ordinances and
regulations.
2. All requirements of the Salem Fire Department relate to smoke and fire safety shall
be strictly adhered to.
r CIT , OF SALEM, MA
DECISION OF THE PETITION OF BARRY CARNES REQUESTING A SPE4k S 0MCE
PERMIT FOR THE PROPERTY AT 77 BEAVER STREET R-2
page three
3. All construction shall be done as per the plans and dimension submi#IM MX I I P Ir 31
approved by the
4. Petitioner shall obtain building permit prior to beginning any construction.
5. Exterior finished of the new construction shall be in harmony with the existing
construction,
8. A Certificate of Occupancy shall be obtained.
7. Petitioner shall construct an 8-foot height stockade fence abutting 148 Boston Street.
8. No exterior signs other than sign on pedestrian entrance door identifying company &
telephone number.
9. No dumpster or container be stored outside the building.
IO.No hazardous materials stored on site.
11. All deliveries be restricted to times as set by ordinance except Saturday deliveries be
restricted to no earlier than 9:00 a.m. �l
Special Permit Granted
May 12, 2004
Nicholas Helides J C/'k-
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17, of MGL Chapter
40A, and shall be filed within 20 days after the date of filing of this decision in the office
of the City Clerk. Pursuant to MGL Chapter 40A, Section 11, the Variance or Special
Permit granted herein shall not take effect until a copy of the decision, bearing the
certification of the City Clerk that the 20 days have elapsed and no appeal has been
filed, or that, if such appeal has been filed, that is has been dismissed or denied is
recorded in the South Essex Registry of Deeds and indexed under the name of the
owner of record or is recorded and noted on the owner's Certificate of Title.
w
1
3 �
' CITY OF SALEM, MASSACHUSETiKSALEM. MA
BOARD OF APPEAL S OFFICE
120 WASHINGTON STREET, 3RD FLOOR v
SALEM, MA 01970
TEL. (978) 745-9595
FAX (978) 740.9846 1004 MAY I 31
STANLEY J. USOYICZ, JR.
MAYOR
DECISION ON THE PETITION OF BARRY CARNES REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 778 BEAVER STREET R-2
A hearing on this petition was held on April 21, 2004 and continued on May 12, 2004
with the fallowing Board Members present: Nina Cohen, Chairman, Stephen Harris,
Nicholas Helides, Richard Dionne and Bonnie Belair. 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 Chapter 40A.
Petitioner requests a Special Permit to change an existing non-conforming use to allow a
construction warehouse for the property located at 77 Beaver Street R-2.
The provision of the Salem Zoning Ordinance which is applicable to this request for a
Special Permit is section 5-3 (2) (8), which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the Board Of
Appeal may, in accordance with the procedure and conditions set forth in Section 8-8
and 9-4, grant Special Permits for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extension of expansion, of nonconforming
lots, land, structures, and uses, provided however, that such change, extension,
enlargement of expansion shall not be substantially more detrimental than the existing
nonconforming use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests, guided by
the rule that a Special Permit request may be granted upon a finding by the Board that
the grant of the Special Permit will promote the public health, safety, convenience and
welfare of the City's inhabitants.
A. Special conditions and circumstances exist which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings or
stuctures in the same district.
B. Literal enforcement of the provisions of the Zoning Ordinance would involve
Substantial hardship, financial or otherwise, to the petitioner.
C. 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
purpose of the ordinance.
The Board of Appeal, after careful consideration of the evidence presented, and after
viewing the plans, makes the following findings of fact
C4
CITY OF SALEM, MA
CLERK'S OFFICE
DECISION ON THE PETITION OF BARRY CARNES REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 77 BEAVER STREET R-2
page two I2004 MAY I l P Ic 31
1. Petitioner Barry Carnes presented the petition at the first hearing.
2. The property has always been a nonconforming use. The business will have no
employees remaining on site.
3. The property will be used for storage only of the following items; roof shingles,
roofing materials, sheet metal, plywood, 3 vehicles and equipment.
4. No construction activity will occur on site. No construction debris will be brought
to the site.
5. Irene Froncki of 5 Suford Street spoke in opposition.
6. Joe George of 81 Beaver Street spoke in opposition based on tight neighborhood
and addition noise created.
7, Patricia Amey of 68 Beaver Street spoke in opposition,
8. Stan Fronckie of 152 Boston Street Unit 1 spoke in opposition
9. Councillor Michael Bencal spoke in opposition and wanted neighborhoods
Involved.
10. At the May 12'"hearing, Attorney Scott Grover represented the petitioner.
11.Attorney Grover presented the results of the neighborhood meeting with
Councillor Bencal and the petitioner in letter form dated May 6, 2004 as follows;
a) No exterior signs
b) No hazardous materials stored on site
c) No dumpsters or containers be stored outside the building
d) All deliveries are restricted to times as set by ordinance except Saturday
deliveries be restricted to no earlier than 9:00 a.m.
12. Petitioner agreed to construct 8-foot fence abutting 148 Boston Street.
13.Stanley Froncki spoke in favor based on agreement with neighborhood.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows;
1. Literal enforcement of the provisions of the ordinance would involve substantial
hardship on the petitioner.
2. The relief requested can be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent of the district or the
purpose of the ordinance.
3. The Special Permit granted can be granted in harmony with the neighborhood and
will promote the public health, safety, convenience and welfare of the City's
inhabitants.
Therefore, the Zoning Board of Appeal voted 5 in favor and 0 in opposition, to grant the
relief requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statues, codes ordinances and
regulations.
2. All requirements of the Salem Fire Department relate to smoke and fire safety shall
be strictly adhered to.
Cf ri� �vF SALEM. MA
DECISION OF THE PETITION OF BARRY CARNES REOLIESTING A SPE149 5 @FPw
PERMIT FOR THE PROPERTY AT 77 BEAVER STREET R-2
page three
3. All construction shall be done as per the plans and dimension submifte� 7 P 1: 31 .
approved by the
4. Petitioner shall obtain building permit prior to beginning any construction.
5. Exterior finished of the new construction shall be in harmony with the existing
construction,
8. A Certificate of Occupancy shall be obtained.
7. Petitioner shall construct an 8-foot height stockade fence abutting 148 Boston Street.
8. No exterior signs other than sign on pedestrian entrance door identifying company &
telephone number.
9. No dumpster or container be stored outside the building.
10.No hazardous materials stored on site.
11. All deliveries be restricted to times as set by ordinance except Saturday deliveries be
restricted to no earlier than 9:00 a.m.
Special Permit Granted �;E
May 12, 2004
Nicholas Helides(`JC�
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17, of MGL Chapter
40A, and shall be filed within 20 days after the date of filing of this decision in the office
of the City Clerk. Pursuant to MGL Chapter 40A, Section 11, the Variance or Special
Permit granted herein shaft not take effect until a copy of the decision, bearing the
certification of the City Clerk that the 20 days have elapsed and no appeal has been
filed, or that, if such appeal has been filed, that is has been dismissed or denied is
recorded in the South Essex Registry of Deeds and indexed under the name of the
owner of record or is recorded and noted on the owner's Certificate of Title.
vw��ouotrta?� 1 CITY OF 1LFNI NIS-�SSACHUSE 1 1'S
_ ?" BOARD OF APPEAL
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May 1, 2013 _
T t
Decision �-
� � D
City of Salem "toning Board of Appeals ->
>_g N
Petition of NATHAN STEIN for modification of a Special Permit per Sec. 3.3.2 oAhe C ty of Salem
Zoning Ordinance, in order to allow the parking of a dump track or dump trail with debris and to
allow the occasional millwork and fabrication to be performed on-site at the property located at 77
BEAVER ST. (R-2 Zoning District).
A public hearing on the above Petition was opened on April 17, 2013 pursuant to 'Mass General Law Ch.
40A, § 'I 1. During the public hearing the petitioner asked permission to withdraw without prejudice the
requested petition.
fn consideration of the above, the Salem Board of Appeals voted, 5-0 voted in favor (Ms. Harris (Vice Chair),
Mr. Dionne, Mr. Watkins, Mr. Duff}, and Nfr. Tsitsinos (Alternate)) and none opposed. The Board of Appeals
members ltebecca Curran (Chair) and David fipple}' (Alternate) were not present for the public hearing.
PHI MISSION GRANTED 'r0 wrCHDRAW W1"1'FI0Ul' PREJUDICE:APRIL t7, 2013.
Annie Harris, Vice Chair
Board of Appeals
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