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M. r BOARD OF APPEAL
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CITY CLERti. SALEM, t1A.aS
March 4, 2013
Decision
City of Salem Zoning Board of Appeals
Petition of ELEONORA F. KOSKI TRUST, MIKE RAMAZIO, TRUSTEE, requesting a variance
from Sec. 4.1.1 of the Salem "Zoning Ordinance, in order to allow the existing buildings with less than
the minimum required lot frontage, width and area on the property located at 19 & 25 Boston Street
(B-2, R-3 "Zoning Districts).
A public hearing on the above Petition was opened on February 20, 2013 pursuant to bass General Law Ch.
40A, § 1'1. The hearing was closed on February 20, 2013 with the following Zoning Board of Appeals
members present: Rebecca Curran (Chair), Annie Harris, Richard Dionne, Tom Watkins, jimmy 'I'sitsim)s
(Alternate) and David Eppley (Alternate).
Petitioner seeks a Variance to Section 4.1.1 Tlible o`Dimensional Requinwients of the S City of Salem Zoning
Ordinances.
Statements of fact:
1. Mr. Giaimo, Attorney for Robinson & Cole, presented the petition for the owner Eleonora F. Kiski
Trust and Mike Ramazio, Trustee for the property at 19 & 25 Boston Street (B-2, R-3 Zoning
District).
? In the petition, dated January 28, 2013, the petitioner requested Variances from the minimum lot area
(12,000 sq. ft.), lot width (100 ft.), and lot frontage (100 ft.) requirements of Section 4.1.1 Mahle of
Dlmlensional Requiirimenlr in the S City of Salem Zoning Ordinances for the property at -19 & 25 Boston
Street. The petitioner's proposed parcel dimensions included:
- 19 Boston Street: Lot Frontage 93.37 ft; Lot Width 90.9 ft; Lot :Area 10,611 sq. ft.
- 25 Boston Street: Lot Frontage 35.00 Et; Lot Width 41.2 ft.
3. '['lie petitioner's proposed liardship necessitating the need for the Variances included the unique
topography of the parcels in question. Furthermore, ;in ANR plan adjusting the property- boundaries
was already approved by the Planning Board in MO.
4. There was no public present at the meering to speak in opposition or support to the Variance
requests. Additionally, no written comments from the public Nvere received prior to the public
hearing.
I'he Board of Appeal, after careful consideration of rile ccidence presented ;It rhe public hearing, and after
thorough revie%e of the plans and petition %LlbnlitrCd, makes rhe t�0llowing findings:
I. The desired relief nt:n, he granted wirhour dcuintenr to the public good :tad \�irhout nullikin;; or
subsrantialk deror;,tring from the intent or purpose of the (.its of LSalem %oning ()nlinances.
,t Salem Board of Appeals
March 4, 2013
Project: 19 &2i Boston Strect
Pulte 2 of 2
2. "Che literal enforcement of the Cin of Salcm Zoning Ordinance's Table of Dimensional Requirements
would be physically impossible to apply clic to the unique topographical formations present on the
parcels ill question.
3. In permitting such relief, the Board of Appeals requires certain appropriate conditions and safeguards
as noted below.
On the basis of the above findings of fact and all evidence presented at the public hearing including, but not
limited to, the Plans, Documents and testimony, the Zoning Board of,Appeals concludes:
1. 'Che petitioner's Variances requesting relief to Section 4.1.1 Table o/'Dimeatdonal Requirements of the City
of Salem Zoning Ordinances is granted as shown on the submitted plans.
In consideration of the above, the Salem Board of Appeals voted to approve the Variances being requested,
Five (5) in favor (its. Curran ((:hair), DIs. Harris, :Mr. Dionne, Mr. Watkins, and Mr. 'rsitsinos (Alternate) and
none (0) opposed.
The Board of .Appeals voted to grant petitioner's request for a Variance subject to the following terms,
conditions, and safeguards:
I_ petitioner shall comply with all city and state statutes, ordinances, codes and regulations.
2. Unless this Decision expressly provides otherwise, any zoning relief granted does not empower or
authorize the Petitioner to demolish or reconstruct the strucrtre(s) located on the subject property- to
an extent of more than Fifty percent (50(I'o) of its floor area or more than Fifty percent (501-ii) of its
replacement cost at the time of destruction. If the structure is demolished by any means to an extent
of more than Fifty percent (50°.o) of its replacement cost or more than fifty percent (5044) of its floor
area at the time of destruction, it shall not be reconstructed except in conformity with the provisions
of the Ordinance.
Rebecca Curran, Chair
Salem Board of Appeals
A CHP1'(W IIf1f UH(.ISION Ifns IMHIN I IH I)M Il['I'IIlf PI.ANNIN(; MUD-ANJ) If Ilierrelli Ilk
fppeallinni Ibis rleuoion, it auy, iAd/Ge made(nrinanl/n Serlmn l7 n//Ae.lhurd,httrz/li General Lain 0)a ler 10,1, od ibrr//he 1ilvl nilhin 20
by n/filing nl IN,,dea.io n in the )Iji,e nJ the City Clerk. Pori«oil in /he Ahh-aehuiell, General 1 aai CAolrler 10A, 5e,7ior 1/, Me I Fina n,t or
S peaal Permll_gronled heron TedI nnl lake qp,t uan/il a.apy of the&,i.rinn hea nnq the,erli/i we o/the Oil Clerk Aa;been filed+pill,the I;.ors S"10,R,XiO3 n/Oeedr.
Salem Laundry Company January 12, 1990
One Lafayette Street
Salem, Ma 01970
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City of Salem
Office of the Building InspectorOOD
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Salem, Ma 01970 yon
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As requested and to whom it may concern: w p
Salem Laundry Company will not place the eight dryers
along the back wall in service, until such a time as
Boston Gas increases the capacity of the gas service to
accommodate the increased lead, and the installation of
said dryers are subsequently re-inspected.
We anticipate that this work will be completed in late
March or early April of this year . We also understand
that our certificate of occupancy will be issued upon
completion of the above stated work.
David, thankyou for your assistance and partnership in
getting our store open, I appreciate it , our employees
and subcontractors appreciate it , but most importantly
the our customers do !
Sincere
nes Whitmore, Vice President
Salem Laundry Company
MY OOMMl5510NN7JEXPIRES APRIL_'!!1888
FIELD REPORT
=DEFALCO'ENGINEERING INC:
617.720.4848 «• DATE .roe No.j �
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,a 197 PORTLAND STREET
BOSTON MA 02114
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032005
CONSTRUCTION CONTROL
PROJECT NUMBER: 8968 ��
PROJECT TITLE: Salem Laundry
PROJECT LOCATION: X19 Boston Street, Salem, MA
NAME OF BUILDING: Former Maytag Laundromat
NATURE OF PROJECT: Renovations to accommodate new laundry
IN ACCORDANCE WITH SECTION 127.0 OF THE MASSACHUSETTS STATE BUILMNG V3DE,
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I, Frank D. DeFalco Registration No. 20189'baa
BEING A REGISTERED PROFESSIONAL ENGINEER/ARCHITECT HEREBY CERTIFY THArr HAS PRE99RED;
m
OR DIRECTLY SUPERVISED THE PREPARATION OF ALL DESIGN PLANS, COMPUTAT A 5 SPECIFICA
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TIONS CONCERNING: X4
.. ;am
ENTIRE PROJECT ARCHITECTURAL STRUCTURAL XX
FIRE PROTECTION ELECTRICAL MECHANICAL
OTHER (specify)
FOR THE ABOVE NAMED PROJECT AND THAT, TO THE BEST OF MY KNOWLEDGE, SUCH PLANS,
COMPUTATIONS AND SPECIFICATIONS MEET THE APPLICABLE PROVISIONS OF THE MASSACHUSETTS
STATE BUILDING CODE, ALL ACCEPTABLE ENGINEERING PRACTICES AND APPLICABLE LAWS AND
ORDINANCES FOR THE PROPOSED USE AND OCCUPANCY.
I FURTHER CERTIFY THAT I SHALL PERFORM THE NECESSARY PROFESSIONAL SERVICES AND BE
PRESENT ON THE CONSTRUCTION SITE ON A REGULAR AND PERIODIC BASIS TO DETERMINE THAT
THE WORK ISPROCEEDING IN ACCORDANCE WITH THE DOCUMENTS APPROVED FOR THE BUILDING
PERMIT AND SHALL BE RESPONSIBLE FOR THE FOLLOWING AS SPECIFIED IN SECTION 127.2.2:
1 . Review of slop dratangs, samples and other sutmittals of the contractor as required by the
cornstruction contract documents as submitted for building permit, and approval for conformance
to the design concept.
2. Review and approval of the quality control procedures for all code-required controlled materials.
3. Special architectural or engineering professional inspection of critical construction components
requiring controlled materials or construction specified in the accepted engineering practice
standards listed in Appendix B.
PURSUANT TO SECTION 127.2.3, I SHALL SUBMIT PERIODICALLY, A PROGRESS REPORT TOGETHER
WITH PERTINENT COMMENTS (EVERY TWO WEEKS WHEN MY TRADE IS ACTIVE ON SITE) TO THE CITY
BUILDING INSPECTOR. . UPON COMPLETION OF THE WORK, I SHALL SUBMIT P. FINAL REPORT AS TO
THE SATISFACTORY COMPLETION AND READINESS OF THE PROJECT FOR OCCUPANC
COMMQNWEALTH._OF MASSACHUSETTS
Worcester SS SIGNATURE
SUBSCRIBED ANDD SWORN TO BEFORE
B®EFORE ME THIS 17thDAY OF October 19 89.
/KC Clic- l�✓ 31t- .Q.�Gf i
NOTARY PUBLIC MY COMMISSION EXPIRES 10/2/92
Cftp of 6aiem, Nnoacbm5ettg
Public Propertp Mepartment
��s ..
e �3uitDing department
One butem green
745-9595 ext. 380
William H. Munroe
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
September 14 , 1989
Salem Laundry
c/o Jim Whitmore
1 Lafayette Street
Salem, MA . 01970
RE : 19 Boston Street
Dear Mr . Whitmore ,
On September 7 , 1989 a site visit was made at the above
. referenced property . Upon inspection it was noted that the
rear addition appears to have been built without the benefit
of a permit .
This structure is inadequate structurally for its in—
tended use and must be removed . Please contact me for any
further assistance .
Sind-rely ,
David J . Harris
Assistant Building Inspector
DJH/eaf
C . C . City Solicitor
Ward Councillor