165 BOSTON STREET - BUILDING JACKET 165 BOSTON STREET �. .�
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v6 .�ormr CITY OF SALEM MASSACHUSETTSI
BOARD OF APPEAL CI LT�'ts, ''i_Ci'L
120 WASHINGTON STREET, 3RD FLOOR rl OFFICE'
SALEM, MA 01 970
TEL. (978) 745-9595
FAX (978) 740-9846 -
N;
STANLEY J. USOVICZ, JR. 3 P �.
MAYOR IS
DECISION ON THE PETITION OF ROBERT BROPHY JR REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 165 BOSTON STREET B-2
A hearing on this petition was held on April 24,2002 with the following Board Members
present: Nina Cohen, Richard Dionne, Stephen Harris, Nicholas Helides and Joan
Boudreau. 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 conduct a detailing and motor vehicle vinyl
graphic business for the property located at 165 Boston Street located in a B-2 zone.
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:
t DECISION ON THE PETITION OF ROBERT BROPHY JR. REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 165 BOSTON STREET B-2
page two
1. Attorney Stephen E. Kiley, of 4Lakeview Ave. in Lynn, Ma, represented the
petitioner.
2. Councillor Leonard O'Leary sent a letter in favor of the petition.
3. There was no opposition to the plans.
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 5-0, 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 construction shall be done as per the plans and dimensions submitted and
approved by the Building Inspector.
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
4. A Certificate of Inspection shall be obtained.
Special Permit Granted Richard Dionne / S( "`
April 24, 2002 Board of Appeal l
,
1
DECISION OF THE PETITION OF ROBERT BROPHY JR REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 165 BOSTON STREET B-2
page three
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.
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DECIS_ION_ON-THE_P-ETITION_OF JUDITH GIANARELES FOR VARIANCEhLE#
FOR 165 BOSTON STREET (B-2),
— --"— �- - CITY CLERK.SALEM.MASS.
A hearing on this petition was held November 23, 1987 with the following Board
Members present: James Hacker, Chairman; Messrs. , Fleming, Strout and Associate
Members Dore and 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 Chapter 40A.
Petitioner, owner of the property, is requesting Variances from lot area, width,
coverage, front yard depth, side and rear setbacks to allow construction of a two
story building. The second floor will be used for graphic designing and the ground
floor will be used for the purpose of storing automobiles that are part of the
used car business which is presently allowed there by Special Permit. Property is
located in a B-2 district.
Petitioner was denied a Variance for this property on June 17, 1987. The Board of
Appeal, after hearing evidence and after reading communication from the Planning
Director regarding substantial change, voted unanimously, 5-0, to re-hear this
petition.
The Variance which has been requested can be granted upon a finding of the
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 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:
1 . There was no opposition;
2. The proposed construction will be in keeping with the existing
neighborhood;
3. Will not impact the traffic flow into the City. Boston Street is
a main corridor into Salem.
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;
DECISION ON THE PETITION OF JUDITH GIANARELES FOR VARIANCES
FOR 165 BOSTON STREET, SALEM,
page two
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 the district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted 4-1 , (Mr. Hacker voted in opposition)
to grant the relief requested, subject to the following conditions:
1 . Petitioner obtain a building permit prior to construction;
2. Petitioner comply with all requirements of the Salem Fire
Prevention Bureau relative to fire safety;
3. Structure be built as per plans submitted to the Board;
4. A Certificate of Occupancy be obtained;
5. The granting of this Variance in no way expands or affects the
Special Permit granted in 1983 regarding the sale of used cars.
VARIANCES GRANTED
j
Peter Strout, Member, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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8 SO AM 197
DECISION ON THE PETITION OF JUDITH GIANARELES FOR VARIANC)f6.E#
ATr _-65BOSTON_ST..,'(B-2) CITY CLERK.SAI-04. HASS.
A hearing on this petition was held June 17, 1987 with the following Board Members
present: James Hacker, Chairman; Messrs. , Bencal, Luzinski and Associate Member
Labreque. 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, owner of the property, is requesting Variances from density and
setbacks to allow construction of a two story building and to use second floor
of building for her business which is graphic designing. Property is located
in a B-2 district.
The Variances. which have been requested may be granted upon a finding of the
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 Zoning Ordinance would in-
volve substantial hardship to the petitioner, financial or otherwise;
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:
1 . Lot size is very small, 1 ,874+;
2. Applicants husband currently operates, under a previously granted
Special Permit, a used car business at the location;
3. Incomplete plans were presented;
4. Property is used and can be used in its present condition;
5. No hardship was presented.
On the basis of the above findings of fact, and on the evidence presented, the .
Board of Appeal concludes as follows:
1 . Special conditions do not exist which especially affect the subject
property and not the district generally;
2. Literal enforcement of the Ordinance would not involve substantial
hardship to the petiitoner;
3. The relief requested cannot 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.
DECISION ON THE PETITION OF JUDITH GIANARELES FOR
VARIANCES FOR 165 BOSTON ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, against the granting
of the requested variances.
VARIANCES DENIED
1
'James B. Hacker, Chairmaan
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK,
APPEAL FROI:. THIS DECISION, 1° �.". SHALL BE MADE PURSUANT TO SECTION 17 OF THE MrSS.
GENERAL LA'i,S. CHAPTER E'S A:.f. Sri;tLl BE FILE) Jl iTHlii 20 DAYS AAER THE DATE OF FILING
OF THIS DECISIO'i li; THE OFFIL: OF THE CITY CLERK. c?E."c;
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OF RECORD OR IS RE.CRDED A,,. NOTED ON THE OWNER S CERTIFICATE Or TITLE.
BOARD OF APPEAL
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MORTGAGE INSPECTION
DAY ST:.17 SURVEYING SERVICE INC.
234 CAaOT ST., BEVERLY, MA.
LOCATION / � �STET 'ABM• MASS, I NOTE '
SCALE = I = /O FT DAA _M.RY..���.L9��_ --.-.• ` 0 Thi 3 i3 o WWW90 ire: fon survey acrd not
REFERENCE 7 O P I on ina;ruraxat curvey,tierefom this plot pkn is for
rnor�cga ir.sPection gurpa es only.OU.rN.... c This survey is baaod on survey marls of
others.
j To _• =T�p(TfI..GJR(✓a,e�4 -.. _ .. .. .. e :_rhos,a -ruts, fences and tree INmas do
I hereby certify that I ha>a a cn}irad t5® r.c.:.;ce cnd tha# g' s
i ni# restarily iidtaata property Lnes.
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building(s) ahoern on this plan cra Icoetod cn 5::- C;cr:n:! es I
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The Commonwealth of Massachusetts
Department of Public Safety
\las.�tchuwl to State Building Code i780 CJIR)Sga'enth Ediuun
City of Salem
( Building Permit Application for any Buildinji other than a 1- or 2-Family Owellin
(This Section For Official Use Only)
UBuilding prrmu Number: Qur Applied: Budding Inspector:
SECT[ N 1: L ATION [Please indicate Block 0 and Lot 0 for locations for which a street address is not available)
t<
No. and Street City /Town Zip Code Name of Building(if applicable)
SECTION 2:PROPOSED WORK
If New Contruchun cheek here O or check all that apply in the two rows below
Existing Building O Repair Alteration O 1 Addition O TDimiolition 0 (Please fill out and submit Appendix 1)
Change of Use O Change of Occupancy O Other ❑ Sprci(y:
Are building plans and/ur construction documents bring supplied as part of this permit application? Yes ❑ No SY
J
Is an Independent Structural Enginrrrin*Peer Review rryuireq? \ Yes ❑ No tti
Brief Description of Proposed Work:
SECTION 3.COMPLETE THIS SECTION IF EXISTING BUILDING UNDERGOING RENOVATION,ADDITION,OR
CHANGE IN USE OR OCCUPANCY
Check here if an Existing Building Evaluation is enclosed(See 780 CMR 3402.0) 0
Existing UseGroup(s): Proposed Use Group(s)-
Existing Hazard Index 780 CMR 34: Proposed Hazard Index 780 CMR 34:
SECTION 4:BUILDING HEIGHT AND AREA
Existing Proposed
No.of Flours/Stories(include basement levels)&Area Per Floor(sq.ft.)
Total Area(sq. ft.)and Total Height(it.)
SECTION 31 USE GROUP(Check as applicable)
A: Aseembl A-1 O A-2r O A-2nc O A-3 O A4 O A-5 O 1 B: Business O E. Educational 0
F: Facto F-1 O F2 O 1 H: High Hazard H-1 O H-2 0 H-3 0 H-4❑ H-5 O
1: Institutional [-1 0 1-2 0 1-3 O 1.1 O M: Mercantile O R: Residential R-10 R-2 O R-3 0 R4 0
S: Storage S-1 O S-2 O U: Utility 0 Special Use O and please describe below:
Special Use:
SECTION 6:CONSTRUCTION TYPE(Check as applicable)
IA O ISO IIA 0 [ISO IIIA 0 1118 13 IV O I VA 0 V8 O
SECTION 7:SITE INFORMATION Irefer to 780 CMR 111.0 for details on each item)
Water Supply: Flood Zone Information: Sewage Disposal: Trench Permit: Debris Removal.-
I'ublw'O Check tl uutsiJe FL,..d Luna•❑ Indicate municipal O A trench will not be Licensed Di.tvt..d Site❑
1'naate O or tndunti Lune: ar an.rtr rr.trm ❑ required O or trench ur,racily:
permit is enclo. l O
Railroad right-of-way: Hazards to Air.Navigation: \1\ I 11q..m t..•nunn.n•,t Itvuro 14.•„..:
\,.I \pl•hcaldv a 1.hunt%Lure•%.ithu,dopurt appr,each arra.' I.their renew cum Ovied.'
a l .nnaatt to liudd vndo, d ❑ 1-c.❑ nr.No 0 1'r.O \n ❑
SEC'r10N 8:CONTENT OF CERTIFICA rE OF OCCUPANCY
1 ,hu.at pit l •olv. L,.•l•n nipt.t. . r,pt.o, C*un,irucuun: lkcupant Lund pa•r 1 I,+v
11.v� �hr 1•udalu,t;antam an tipnnklCr�t.k•m` Spvctal?tiptd.,uunv
SECTION 9: PROPERTY OWNER AUTHORIZATION
.V a mr a nd .\ ld rrz.ul Prn,pertt, Owner r
.Name(Print) No.and Strut Cih'/ rown Zip
I'roperts•Oct ner Contact INorm.ttion:
oc..tiZA
rise relephone Nu. (business) relephane No. (cell) a-mad actslrcos
If cab the proprrh•+:saner hereby au=
V.Imv Street Address City/Town State Zip
to act on the +ro+rrlc owner's behalf..mall matters relative to work authorized by this building mrmtt a + rltcation.
SECTION 10:CONSTRUCTION CONTROL (Please fill out Appendix 2)
(it building is less thin)S.t.W cu.Mot ruck sad s ace and/ur not urwfer Coroiruction Control then check here Oand.Aip Sc,twn IU.1)
10.1 Registered Professional Responsible for Construction Control
Name(Registrant) Telephone No. e-mail address Registration Number
Street Address City/Town State Zip Discipline Expiration Date
10.2 General Contractor
Y
C mpany NASC
CIE
mr oQ Prn Res r siblr fur Cunstructiun \\ License No. and Type if Applicable
Street drescM City/Town State Zip
Telephone No.(business) Telephone No. cell e-mail address
SECTION II:w V (M.G.L.c. 1S2 4 25C(6))
A Workers'Compensation Insurance Affidavit from the MA Department of Industrial Accidents must be completed and
submitted with this application. Failure to provide this affidavit will result in the denial of the issuance of the building permit.
Is a si ned Affidavit submitted with this application? Yes O No O
SECTION 12:CONSTRUCTION COSTS AND PERMIT FEE
Item Estimated Costs: (Labor
and Materials) Total Construction Cost(from Item 6)=SJ D-00
1. Building f Building Permit Fee a Total Construction Cost x_(insert here
2. Electrical f appropriate municipal factor) f
J. Plumbing f
4. Mechanical (HVAC) f Note. Minimum fee=.S (contact unfcipah )
5. Mechanical (Other) f Enclose check payable toi0
6. Total Cost f aQd (contact munici alit )and write check number here
SECTION 13:SIGNATURE Of BUILDING PERMIT APPLICANT
its, rntenng my name below, I here ttrst under the pains and penalties of perjury that all of the information omhuned in this
applicatom is tnir and occur. to th be' of my knowledge and understanding.
Plea, run• d rifle R•Icphune
';I1vc•1 Alldre.n Cihi Tua'n (te Zip 1S
i Municipal Inspector to fill out this section upon application approval: C'
\ame I)stir