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CITY OF SALEM, MASSACHUSETTS
BUILDING DEPARTMENT
I rct 120 WASHINGTON STREET,3A FLOOR
'ISL. (978) 745-9595
FAX(978) 740-9846
KIMBERLEY DRISCOLL
MAYOR THOMAS STTIERRE
DIRECTOR OF PUBLIC PROPERTY/BUILDING COIN IISSIONER
July 11, 2012
City of Salem Licensing Board
Chief Robert St.Pierre-Chair
93 Washington Street
Salem Ma. 01970
R.E Salter Motor Sports-7 Florence Street
Dear Chair and Board Members,
This letter is a response to the issue of whether the occasional sale of a restored classic automobile at the site
conforms with the legal non-conforming use of this site.
Salter Motor Sports L.L.C. owns and operates 7 Florence Street, a commercial warehouse building. The owner
is engaged in the business of warehousing classic cars in the building as well as restoring classic cars within
the building and on an individual basis. It was agreed that a spray booth would not be allowed. .
I understand that Salter Motor Sports has applied for a used car license in order to obtain" dealer plates" so
that a restored vehicle could be legally driven on the street.I also have read the restrictions the Licensing Board
has placed on the license.
It is my opinion that the occasional sale of a classic restored vehicle on site and by appointment only, fits
within the nature and purpose of the commercial use permitted at the site. There should be little if any impact to
the abutters and the intensity of the use does not change by the occasional test drive of a vehicle conducted by
appointment only. The additional use does not increase the equipment or number of employees.
I do agree that any expansion of the limited used car License, beyond what was described by the Licensing
Board, would not be allowed without appropriate zoning relief
Sinc ely Wma
ThomasNtTierre
!r
CITY OF SALEM MASSACHUSETTS
BOARD OF APPEAL
120 WASHING I ON S 1WE I +SAI.rn/,MASSAC[f USF rrs 01970
Te1.e:978-619-5685 FAX:978-740-0404
KINI136RIXY DRISCOLL
MAYOR
C'1
November 20, 2012 -
-<
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Decision arn
6
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0
City of Salem Zoning Board of Appeals r
rn
Petition of JOANNE R. HIGGINS for an administrative appeal of a decision oqhe
Building Commissioner for the property located at 7 FLORENCE STREET N J
Ln
A public hearing on the above Petition was opened on November 7, 2012 pursuant to Mass General
Law Ch. 40A, § 11. The hearing was closed on November 7, 2012 with the following Zoning Board
of Appeals members present: Rebecca Curran (Chair),Annie Harris, Michael Duffy,Jamie Metsch,
Richard Dionne, and Jimmy Tsitsinos (alternate).
Petitioner seeks an administrative appeal of a decision of the Building Commissioner.
Statements of fact:
1. On April 25, 2001, the Board issued a Variance allowing commercial use for the premises.
2. In a petition date-stamped August 9, 2012, petitioner requested an appeal of a decision of
the Salem Licensing Board to issue a Used Car Dealers License Class II to Salter Motor
Sports, LLC for activities to take place at 7 Florence Street, Salem.
3. Attomey Joseph Wellington represented petitioner at the hearing.
4. In an attachment to the petition, and at the hearing, petitioner stated the Licensing Board's
decision to issue the license was predicated on guidance received from Thomas St. Pierre,
Building Commissioner in a letter dated July 11, 2012, advising the Board that the proposed
use requiring a Class II License was consistent with the uses allowed on the site by the 2001
Variance.
5. At the hearing, several residents spoke in support of overturning the decision of the Building
Commissioner, citing concerns about the impacts of auto maintenance on the
neighborhood.
1
w
y.
6. At the hearing, the owner of Salter Motor Sports,LLC, represented by Attorney Joseph
Correnti, stated his opposition to overturning the decision of the Building Commissioner
and questioned the jurisdiction of the Board of Appeals to hear the appeal.
7. The Board of Appeals, through counsel, also reserved the right to raise jurisdictional
questions on appeal,if any.
The Board of Appeals, after careful consideration of the evidence presented at the public hearing,
and after thorough review of the petition submitted, makes the following findings:
1. The Board of Appeals has no jurisdiction over actions taken by the Salem Licensing Board.
2. The only issue before the Board of Appeals is the validity of Mr. St. Pierre's decision that
Salter Motor Sports, LLC's proposed activities requiring a Used Car Dealers License Class II are
consistent with the use allowed under the 2001 Variance.
3. The Board finds that Mr. St. Pierre's decision that the occasional sale of classic cars,which
use requires the Used Car Dealers License Class II,is consistent with the existing use of that site
and the prior variance.
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 voted none
(0) in favor and five (5) opposed (Curran, Harris, Dionne, Duffy and Metsch), to affirm the appeal
of the Building Commissioner's decision. The appeal is denied, and the decision of the Building
Inspector is upheld.
Rebecca Curran, Chair
Salem Board of Appeals
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 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
Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the
City Clerk has been filed with the Essex South Registry of Deeds.
2
COMMONWEALTH OF MASSACHUSETTS
LAND COURT
JOANNE R. HIGGINS, )
Ctv ,l /{Adtj �. pits� A74478 (�I+P)
Plaintiff, )
V. )
.CITY OF SALEM, ZONING BOARD OF ) �,
APPEALS OF THE CITY OF SALEM and ) g
REBECCA CURRAN, ANNIE HARRIS, ) ^�
MICHAEL DUFFY, JAMIE METSCH, ) rn
RICHARD DIONNE AND JIMMY TSITSINO ) �F
(ALTERNATE), As members of the Zoning ) <°m
Board of Appeals of the City of Salem, ) D
) 3
Defendants ) > ut
�n Ln
v
NOTICE OF APPEAL
NOTICE IS HEREBY GIVEN TO THE CITY OF SALEM this?`h day of December
2012 pursuant to G.L. c. 40A Section 17 that Joanne R. Higgins filed the attached complaint with
the Land Court of the Commonwealth of Massachusetts this date. The Plaintiff in the above
captioned action is appealing the decision of the Zoning Board of Appeals of the City of Salem
which decision is appended as Exhibit 12 to the attached complaint. This notice is being hand
delivered on the Plaintiff's behalf.
By:
Joseph . Wellington (BBO 522420)
Carmo y & Torrance LLP
50 Leavenworth Street
Waterbury, Connecticut 06702
203.575.2613 (contact)
203.575.2600 (facsimile)
jwellington@carmodylaw.com
w21s2s62
Pte,-
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. LAND COURT
CIVIL ANIM A. �I qC914418(�(P)
FILE #
CITY CLERK. SALEM, MASS,
JOANNE R. HIGGINS, )
Plaintiff, )
V. )
CITY OF SALEM, ZONING BOARD OF )
APPEALS OF THE CITY OF SALEM and )
REBECCA CURRAN, ANNIE HARRIS, ) ,
MICHAEL DUFFY,JAMIE METSCH, ) o
RICHARD DIONNE AND JIMMY TSITSINO ) r
(ALTERNATE), As members of the Zoning ) �%
Board of Appeals of the City of Salem, ) a,
�o
�'O r
Defendants )
N
�D
COMPLAINT
Introduction
1. This is a zoning appeal brought pursuant to G.L.c. 40A § 17. Plaintiff appeals the
November 20, 2012 decision of the City of Salem Zoning Board of Appeals (hereinafter the
"Decision", the"CiW" and the "Board" respectively) on the Plaintiff s administrative appeal of
a decision of the City Building Commissioner which decision pertains to the property located at
7 Florence Street, Salem, Massachusetts (hereinafter the "Property"). The Plaintiff advances
this appeal on the grounds that the decision is arbitrary and capricious and not supported by
Substantial evidence of record. Plaintiff seeks annulment of the Decision and the issuance of an
Order to the Board requiring that the City Zoning Enforcement Officer issue an order to Salter
Sports Motors, LLC to cease and desist all "motor vehicle body repair', "motor vehicle general
repairs" and "motor vehicle light service" at the Property as those phrases are defined in Section
W21828121
10 of the City Zoning Ordinance as well as an order to cease and desist all classic/used car
restoration and/or repair work at the Property.
PARTIES
2. The Plaintiff resides at 20 Cedar Street, Salem, Massachusetts.
3. Defendant City of Salem is a Municipality.
4. The City has adopted a zoning ordinance (hereinafter the "Zoning Ordinance")
that purports to regulate the activities that may be conducted at properties that are zoned for
residential use within its jurisdiction.
5. The Board is the City agency who holds the exclusive authority to issue and to
modify what are regulated as "special permits" (hereinafter "Special Permits")under the Zoning
Ordinance.
6. The Zoning Ordinance authorizes the Board to promulgate rules and regulations
for the administration of the issuance of Special Permits pursuant to said ordinance.
7. Defendants Rebecca Curran, Chair; Annie Harris; Michael Duffy; Jamie Metsch,
Richard Dionne and Jimmy Tsitsino (alternate) the members of the Board who rendered the
Decision and are made defendants in that capacity.
8. The addresses of the aforesaid members of the Board are as follows:
a. Rebecca Curran: 14 Clifton Avenue, Salem, MA 01970
b. Annie Harris: 28 Chestnut Street, Salem, MA 01970
c. Michael Duffy: 1 Warren Court, Salem, MA 01970
d. Jamie Metsch: 18 Oliver Street, Apt. 2, Salem, MA 01970
e. Richard Dionne: 23 Gardner Street, Salem, MA 01970
f. Jimmy 7'sitsinos: 6C Wharf Street, Salem, MA 01970
FACTS
9. A true and accurate copy of the following sections of the Zoning Ordinance are
attached as Exhibit 1 below:
a. Cover page.
b. Table of Contents.
c. Section 1.0: Purpose and Authority (Section 1.4 Applicability)
d. Section 2.0: Districts. (Section 2.1 Establishment)
e. Section 3.0: Use Regulations. (Sections 3.1 Principal Uses, 3.1.2 Special
Permit: Zoning Board of Appeals, 3.3.2 Nonconforming Uses and Table of
Principal and Accessory Use Regulations)
f Section 6.2: Sales of Motor Vehicles and Boats (Section 6.4.1 General)
g. Section 93: Board of Appeals (Section 93.2 Powers)
h. Section 9.4: Special Permits (Sections 9.4.1 Special Permit Granting
Authority, 9.4.2 Criteria, 9.4.3 Procedures 9.4.4 Conditions and 9.4.5
Regulations)
i. Section 10.0: Definitions (including definitions of"Motor Vehicle Body
Repair", "Motor Vehicle General Repairs", Motor Vehicle Light Service",
"Special Permit Use" and "Use".
10. The aforesaid sections of the Zoning Ordinance were in effect at all times relevant
to this appeal.
11. A true and accurate copy of the Board's Rules and Regulations (hereinafter the
"Board's Rules") is attached at Exhibit 2 below.
I j
12. One portion of the Property is located approximately 35 feet from the Plaintiff's
property.
I 3. The Property is located in a part of the City that has been zoned "R2" under the
Zoning Ordinance.
14. Parcels of land that are zoned R2 in the City are designated for"Residential Two
Family" use pursuant to Section 2.1 of the Zoning Ordinance.
15. Properties that are zoned R2 in the City cannot be used for"motor vehicle general
and body repair" and/or for "motor vehicle light service"pursuant to Section 3.1 and the Table
of Principal and Accessory Use Regulations of the Zoning Ordinance.
16. The Property cannot lawfully be used for"motor vehicle general and body repair"
and/or for"motor vehicle light service"pursuant to Section 3.1 and the Table of Principal and
Accessory Use Regulations of the Zoning Ordinance because it is zoned R2.
17. The phrase "motor vehicle body repairs" is defined in Section 10 of the Zoning
Ordinance to mean:
An establishment, garage or work area enclosed within a building
where repairs are made or caused to be made to motor vehicle
bodies, including fenders, bumpers and similar components of
motor vehicle bodies, but does not include the storage of vehicles
for cannibalization of parts.
18. The phrase "motor vehicle general repairs" is defined in Section 10 of the Zoning
Ordinance to mean:
Premises for the servicing and repair of autos; but not to include
fuel sales. ,
19. The phrase "motor vehicle light service" is defined in Section 10 of the Zoning
Ordinance to mean:
4
Premises for the supplying of fuel, oil, lubrication, washing, or
minor repair services; but not to include body work, painting, or
major repairs.
20. The phrase "special permit use" is defined in Section 10 of the Zoning Ordinance
to mean:
A use which would not be appropriate generally or without
restriction throughout the district but which, if controlled in a
neighborhood, would promote the public health, safety,
convenience, morals and welfare of the City's inhabitants.
21. The word "use" is defined in Section 10 of the Zoning Ordinance to mean:
The specific purpose for which land, or a building and land, is
designated, arranged intended (sic), or for which it is or may be
occupied or maintained.
22. Section 6.4.1 of the Zoning Ordinance provides that:
Unless a license is issued by the (City of Salem) Licensing Board,
no new and/or used motor vehicles ... may be displayed and/or
sold ..., regardless of the ownership of same, from any building
or lot within the City.
23. True and accurate copies of&L.c. 140 §§ 57, 58 and 59 are attached as Exhibit 3
below.
24. G.L.c. 140 § 57 prohibits the sale of second hand vehicles by any person in the
Commonwealth without a permit issued pursuant to G.L.c. 140 § 59.
25. The types of second hand vehicle sales licenses are defined in G.L.c. 140 § 58.
26. G.L.c. 140 § 58 (c) defines a "Class 2" automobile sales license as follows:
Class 2. A person whose principal business is the buying or
selling of second hand motor vehicles, a person who purchases
and displays second hand motor vehicles for resale in retail
transactions, and any other person who displays second hand
motor vehicles not owned by him ... may be granted a used car
dealer's license ....
27. G.L.c. 140 § 58 (d) defines a "Class 3" automobile sales license as follows:
5
Class 3. A person whose principal business is buying second
hand motor vehicles for the purpose of remodeling, taking apart
or rebuilding and selling same ... may be granted a motor vehicle
junk license.
28. Pursuant to the statutory definitions for Class 2 used automobile dealer's licenses
contained in G.L.c. 140 § 58, a person who holds a Class 2 used automobile dealer's licenses
may only engage in the business of buying and selling second hand motor vehicles.
29. Pursuant to the statutory definitions for Class 3 used automobile dealer's licenses
contained in G.L.c. 140 § 58, a person whose principal business is buying second hand motor
vehicles for the purpose of remodeling, taking apart or rebuilding and selling same must apply
for and receive a Class 3 used automobile dealer's license before engaging in such activities.
30. A person who holds only a Class 2 used automobile dealer's licenses issued
Pursuant to G.L.c. 140 § 59 may not lawfully engage in the business is buying second hand
motor vehicles for the purpose of remodeling, taking apart or rebuilding and selling same.
31. The Property has been owned by Robert F. Salter (hereinafter "Salter") at all
times relevant to this appeal.
32. Salter applied to the City Licensing Board (hereinafter the "Licensing Board")
for a Class 2 Used Automobile Dealer's License for the purpose of allowing the restoration,
storage and sale of second hand automobiles at the Property (hereinafter the "Salter Permit
Application").
33. The applicant on the Salter Permit Application was Salter Motor Sports, LLC
(hereinafter `Salter Motors").
34. The Salter Permit Application was heard by the Licensing Board on .lune 11. 2012.
6
Y i
35. A true and accurate copy of the minutes of the Licensing Board June 11, 2012
hearing which pertains to Salter Permit Application (hereinafter the "June 2012 Hearing") is
attached at Exhibit 4 below.
36. Salter represented to the Licensing Board at the June 2012 Hearing that he was in
the business of repairing, storing and selling high end classic automobiles.
37. The minutes of the aforesaid June 2012 Hearing reflect that a member of the
Licensing Board who was present at said hearing noted that a Class 2 license was to be used for
the purpose of selling second hand automobiles, not a repair shop selling them or words to that
effect.
38. The minutes of the aforesaid June 2012 Hearing reflect that City Solicitor
Elizabeth Rennard (hereinafter "Solicitor Rennard") was present at the June 2012 Hearing
while the Salter Permit Application was being heard by the Licensing Board.
39. The minutes of the aforesaid June 2012 Hearing reflect that Solicitor Rennard
advised the Licensing Board that the Salter Permit Application could be entertained by that board
and that conditions could be placed on said license based on a letter from the City zoning
enforcement officer or words to that effect.
40. Solicitor Remtard's advice to the Licensing Board at the June 2012 Hearing
constituted an affirmative statement that Salter Motors could lawfully be issued a Class 2 used
auto dealers license for the purpose of both repairing and selling used automobiles at the
Property so long as conditions were placed on those activities by a letter fi-om the City's zoning
enforcement officer.
41. Salter Motors was represented by one Attorney Joseph Correnti (hereinafter
"Correnti" at the June 2012 Hearing.
7
42. The minutes of the aforesaid June 2012 Hearing reflect that Correnti represented
to the Licensing Board that Salter Motors would not use paint booths at the Property if the Salter
Permit Application was approved by that board or words to that effect.
43. The minutes of the aforesaid June 2012 Hearing reflect that the Chairman of the
Licensing Board stated at the aforesaid June 2012 hearing that the Licensing Board should
follow the legal advice provided by Solicitor Rennard with regard to the approval of the Salter
Permit Application or words to that effect.
44. The minutes of the aforesaid June 2012 Hearing reflect that another member of
the Licensing Board who was present at the June 2012 Hearing moved that the Salter Permit
Application be approved contingent upon the Licensing Board receiving a letter from the City
zoning enforcement officer or words to that effect.
45. The aforesaid motion was thereafter amended at the June 2012 Hearing to limit
the number of cars that could be stored at the Property to six.
46. The amended motion was thereafter seconded and carried at the June 2012
Hearing.
47. Salter Motors was issued a Class 2 Used Automobile Dealer's License
(hereinafter the "Salter License" on June I I, 2012.
48. A true and accurate copy of the Salter License is attached at Exhibit 5 below.
49. The Salter License represents on its face that it was. issued "In accordance with
the provisions of Chapter 140 of the General Laws with Amendment".
50. The Salter License authorizes Salter Motors to buy and sell second-hand motor
vehicles at the Property.
8
51. The Salter License provides on its face that it pertains to a:
3,600 SQ FT BLDG WITH 3,000 SQ FT DEDICATED TO
REPAIRING AND SHOWING CLASSIC CARS, 15' X 15'
MEZZAINE OFFICE LOCATED WITHIN THE BUILDING.
52. The Salter License does not identify what activities Salter Motors is allowed to
undertake in the context of"repairing classic cars" at the Property.
53. The Salter License does not place any limitations on the activities that Salter
Motors is allowed to undertake under said license in the context of"repairing classic cars" at the
Property.
54. The Salter License authorized Salter Motors to store up to six cars inside the
building at the Property.
55. . The Salter License does not expressly on its face authorize Salter Motors to
perform any motor vehicle body repair", "motor vehicle general repairs' and/or"motor vehicle
light service" at the Property as those phrases are defined in Section 10 of the City Zoning
Ordinance.
56. The Board issued a variance to the then owner of the Property dated June 6, 2001
to allow said owner to use the Property for the purpose of housing an office and as warehouse for
a construction company (hereinafter the "21101 Variance").
57. A true and accurate copy of the 2001 Variance (exclusive of the hand written
annotations on the second and third pages thereof) is attached at Exhibit 6 below.
58. The 2001 Variance has been in full force and effect since its issuance and remains
in frill force and effect at present.
59. The 2001 Variance was issued for several parcels of land which were then known
as 8 and 10 Cherry Street and 12 to 14 Cherry Street.
9
60. Those parcels of land which were described as 8 and 10 Cherry Street and 12 to
14 Cherry Street in the 2001 Variance were combined to form a single parcel of land with
frontage on Florence Street.
61. The parcel of land which was formed from the combination of the parcels of land
described as 8 and 10 Cherry Street and 12 to 14 Cherry Street in the 2001 Variance is the
Property.
62. The 2001 Variance expressly notes that the parcels of land which were then
known as 8 and 10 Cherry Street and 12 to 14 Cherry Street were zoned R2.
63. The face of the 2001 Variance would have to expressly authorize the performance
of any motor vehicle body repair", "motor vehicle general repairs" and/or"motor vehicle light
service' at the Property as those phrases are defined in Section 10 of the City Zoning Ordinance
before those activities could lawfully be performed at the Property under said variance.
64. The 2001 Variance does not on its face authorize the performance of any motor
vehicle body repair", "motor vehicle general repairs" and/or "motor vehicle light service"at the
Property as those phrases are defined in Section 10 of the City Zoning Ordinance.
65. The 2001 Variance does not on its face authorize the performance of any vehicle
body repair, general repairs, light service and/or restoration at the Property.
66. Salter Motors took title to the Property by a quit claim deed on July 20, 2011
(hereinafter the "Deed").
.67. A true and accurate copy of the Deed (less certain hand written annotations on the
margins of said deed) is attached at Exhibit 7 below.
68. Correnti sent a letter to the City building commissioner (hereinafter the
"Commissioner") and met with said commissioner prior to Salter Motors taking title to the
10
Property to inquire as to whether automotive repair, storage and warehousing could be performed
at the Property under the 2001 Variance.
69. The Commissioner sent a letter to Correnti dated July 20, 2011 which states in
part that that the 2001 Variance authorizes the use of the Property for a construction office,
warehousing and the maintenance of construction equipment (hereinafter the "July 2011
Letter").
70. A true and accurate copy of the July 2011 Letter(exclusive of the hand written
annotations in the body of that letter) is attached at Exhibit 8 below.
71. The face of the 2001 Variance does not authorize the maintenance of construction
equipment at the Property.
72. The July 2011 Letter was in error when it states that the 2001 Variance authorizes
the maintenance of construction equipment at the Property.
73. The July 2011 Letter further provides that the commercial use of the property for
automotive repair, storage and warehousing would be permitted uses under the 2001 Variance.
74. The July 2011 Letter was in error when it states that the 2001 Variance authorizes
the performance of automobile repair work at the Property.
75. The July 2011 Letter was in error when it states that the 2001 Variance authorizes
the performance of classic car work at the Property.
76. The July 2011 Letter shows that the Commissioner was on notice that Salter
Motors intended to use the Property to perform automobile repair work at the time that he
executed said letter.
77. The Commissioner was aware that the Zoning Ordinance prohibited the
performance of"motor vehicle body repair', "motor vehicle general repairs" and "motor vehicle
11
light service" as those phrases are defined in Section 10 of said ordinance at all parcels of land in
the City that are zoned R2 absent a special permit authorizing same at the time that he executed
the July 2011 Letter.
78. The July 2011 Letter shows that the Commissioner was aware that the Property
was zoned R2 at the time that he executed said letter.
79. The Licensing Board requested that the Commissioner provide a letter to that
board to describe the conditions that would apply to Salter Motors use of the Property for classic
car repair and/or restoration purposes.
80. The aforesaid request was made after the June 2012 Hearing.
81. The City Building Commissioner sent a letter to the Licensing Board dated July
H, 2012 (hereinafter the "July 2012 Letter') which letter represents on its face that it pertains
to the issuance of the Salter License.
82. A true and accurate copy of the July 2012 Letter is attached at Exhibit 9 below.
83. The Commissioner acknowledged in the July 2012 Letter that Salter Motors
would use the Property to warehouse and restore classic cars.
84. The July 2012 Letter does not identify the activities that the Commissioner found
to be authorized at the Property by and through his opinion that the 2001 Variance would allow
the "restoring classic cars" at the Property.
85. The Commissioner did acknowledge in the July 2012 Letter that Salter Motors
would not use a spray booth as part of its classic car restoration work at the Property.
86. The July 2012 Letter further provides that:
I understand that Salter Motors has applied for a used car license
in order to obtain "dealer plates" so that a restored vehicle could
be legally driven in the street_ I have also read the restrictions the
Licensing Board has placed on the license.
12
It is my opinion that the occasional sale of a classic restored
vehicle on site and by appointment only, fits within the nature
and purpose of the commercial use permitted at the site. There
should be little if any impact to the abutters and the intensity of
use does not change by the occasional test drive of a vehicle
conducted by appointment only. The additional use does not
increase the equipment or number of employees.
I do agree that any expansion of the limited used car License,
beyond what was described by the Licensing Board, would not be
allowed without appropriate zoning relief.
87. By issuing the July 2012 Letter to the Licensing Board, the Commissioner placed
conditions on the use of the Property which exceeded the uses authorized by the 2001 Variance
pursuant to the Licensing Board's request that he issue a letter to that board for that purpose.
88. Pursuant to Section 3.1.2 of the Zoning Ordinance, the Board may only issue
special permits for certain activities identified in the Table of Principal and Accessory Use
Regulations that are part of Section 3.0 of said ordinance.
89. Section 93).2 of the Zoning Ordinance provides that the Board has the power and
the duty to hear and decide applications for special permits as provided in Section 9.4 of said
ordinances.
90. Section 9.4.1 of the Zoning Ordinance designates the Board as the "Special
Permit Granting Authority" under said ordinance.
91. Section 9.4.3 of the Zoning Ordinance provides that applications for special
permits shall be filed in accordance with the rules and regulations of the Special Permit Granting-
Authority.
rantingAuthority.
92. Article 11 of the Board's Rules establishes the procedures to be followed to for
applications that are submitted to the Board pursuant to the Zoning Ordinance.
13
91 Salter Motors has not submitted an application to the Board pursuant to the
Board's Rules or otherwise for the purpose of obtaining a special permit and/or another variance
for the purpose of performing "motor vehicle body repair", "motor vehicle general repairs" and
"motor vehicle light service" as those phrases are defined in Section 10 of said ordinance at the
Property.
94. Salter Motors has not obtained a special permit from the Board for the purpose of
performing"motor vehicle body repair", "motor vehicle general repairs" and "motor vehicle
light service" as those phrases are defined in Section 10 of said ordinance at the Property.
95. Salter Motors has not submitted an application to the Board pursuant to the
Board's Rules or otherwise for the purpose of obtaining a special permit and/or another variance
for the purpose of performing class or other car restoration work at the Property.
96. Salter Motors has not obtained a special permit and/or another variance from the
Board for the purpose of performing classic or other car restoration work at the Property.
97. Salter Motors presumes that it is authorized to perform "motor vehicle body
repair", "motor vehicle general repairs" and/or "motor vehicle light service" as those phrases are
defined in Section 10 of said ordinance at the Property based solely upon the issuance of the
Salter License and the July 2012 Letter.
98. Salter Motors presumes that it is authorized to perform classic car restoration
work at the Property based solely upon the issuance of the Salter License and the July 2012
Letter.
99. The Commissioner's issuance of the July 2012 Letter to the Licensing- Board for
the purpose of allowing Salter Motors to perform classic vehicle restoration work at the Property
14
improperly usurped the Board's exclusive authority to issue special permits under the Zoning-
Ordinance.
oningOrdinance.
100. The Plaintiff filed an administrative appeal to challenge the Commissioner's
issuance of the July 2012 Letter to the Licensing Board for purpose of allowing Salter Motors to
perform classic car restoration work at the Property by filing an appeal to the Board on August 9,
2012.
101. The legal notice that the Board published for the purpose of providing public
notice of the Plaintiffs appeal described the subject of that appeal as being: "(A)n administrative
appeal of a decision of the Building Commissioner for the property located 7 FLORENCE ST.,
Salem, MA."
102. A true and accurate copy of the aforesaid legal notice is appended at Exhibit 10
below.
103. The Plaintiffs appeal was heard on November 7, 2012.
104. The agenda for the hearing as which the Plaintiff s appeal was heard described the
subject of that appeal as being: "An administrative appeal of a decision of the Building
Commissioner for the property located 7 FLORENCE ST., Salem, MA."
105. A true and accurate copy of the Board's meeting agenda for the November 7,
2012 hearing is attached at Exhibit 11 below.
106. The Plaintiffs appeal in fact challenged the Commissioner's issuance of the July
2012 Letter to the Licensing Board for the purpose of allowing Salter Motors to restore classic
cars at the Property by means of her appeal to the Board.
107. Board heard the Plaintiff s appeal on November 7. 2012
108. Board handed down the Decision on November 20, 2012.
15
109. True and accurate copy of the Decision is attached at Exhibit 12 below.
110. The Decision provides in pertinent part that:
In an attachment to the petition, and at the hearing, petitioner
stated the Licensing Board's decision to issue the license was
predicated n guidance received from (the Commissioner) in a
letter dated July 1 I, 2012, advising the (Licensing) Board that the
proposed use requiring a Class 11 License was consistent with the
uses allowed on the site by the 2011 Variance.
111. The Board found that the only issue before the Board was the validity of the
Commissioner's decision that Salter Motors's proposed activities which required the issuance of
a Used Car Dealer's License Class 11 was consistent with the uses that the 2001 Variance
authorized for the Property.
112. The Board further found that the Commissioner's decision that the occasional sale
of classic cars, which requires the Used Car Dealer's license Class II was consistent with the use
of the property and the 2001 Special Permit.
113. The Decision provides that Board denied the Plaintiffs appeal based upon the
facts found as set out therein.
114. The Plaintiffs appeal did not challenge Salter Motor's ability to sell used cars at
the property under the Salter License and the 2001 Variance as the Decision provides.
115. The Plaintiff s appeal did challenge Salter Motor's ability to restore used cars at
the property under the Salter License, the July 2012 Letter and the 2001 Variance.
116. The Decision does not address the Plaintiff's challenge to challenge Salter
Motor's ability to restore used cars at the property under the Salter License, the July 2012 Letter
and the 2001 Variance.
117. The Decision exceeds the authority of the Board in that it is arbitrary and
capricious.
16
118. The Decision is arbitrary and capricious because it denies the Plaintiff's appeal
without addressing the issue whether Salter Motors could lawfully use the Property for the
purpose of restoring classic/used cars pursuant to the Salter License, the July 2012 Letter and the
2001 Variance.
119. The Decision exceeds the authority of the Board because it is not supported by
substantial evidence of record.
120. The Decision exceeds the authority of the Board because it allows Salter Motors
to use the Property to restore and/or repair classic and/or used cars without first having obtained
a special permit from the Board for the purpose as required by the Zoning Ordinance.
121. The Plaintiff has been aggrieved by the Decision because said decision is arbitrary
and capricious.
122. The Plaintiff has been aggrieved by the Decision because said decision is not
supported by substantial evidence of record.
123. The Plaintiff has been aggrieved by the Decision because Salter Motors has
improperly been granted authorization to repair and/or to restore used cars at the Property in
contravention of the requirements contained in Section 3 of the Zoning Ordinance which
provides that that parcels of land zoned R2 in the City shall not be used for"motor vehicle body
repair", "motor vehicle general repairs" and "motor vehicle light service' as those phrases are
defined in Section 10 of said ordinance without the Board's issuance of a special permit
authorizing such activities.
124. The Board's issuance of the Decision in a manner that is arbitrary and capricious
constitutes gross negligence.
17
125. The Board's issuance of the Decision in the absence of substantial evidence of
record constitutes gross negligence.
126. The Board's issuance of the Decision without addressing the Plaintiff's claim that
Salter Motors could not lawfully repair and/or restore classic and/or used cars at the Property
pursuant to the Salter License, the July 2012 Letter and the 2001 Variance constitutes gross
negligence.
Prayers for Relief
WHEREFORE, the Plaintiff prays that this Court:
1. Annul the Board's decision in toto.
2. Issue an order to the Board which requires that the Commissioner issue a cease
and desist order to Salter Motors for the purpose of precluding Salter Motors from performing
'`motor vehicle body repair", "motor vehicle general repairs" and/or "motor vehicle light service"
as those phrases are defined in Section 10 of said ordinance at the Property until such time as
Salter Motors obtains a special permit from the Board which authorizes one or more of such uses
at the Property.
3. Issue an order to the Board which requires that the Commissioner issue a cease
and desist order to Salter Motors for the purpose of precluding Salter Motors from performing
classis and/or used car restoration and/or repair work at the Property until such time as Salter
Motors obtains a special permit from the Board which authorizes one or more of such uses at the
Property.
4. Find that the Board's issuance of the Decision in a manner that is arbitrary and
capricious, in the absence of substantial evidence of record and without addressing the Plaintiff7s
claim that Salter Motors could not lawfully repair and/or restore classic and/or used cars at the
18
♦ a
Property pursuant to the Salter License, the July 2012 Letter and the 2001 Variance individually
and/or collectively constitutes gross negligence.
5. Award the Plaintiff costs against Defendant City of Salent to the fullest extent
permitted by G.L. c. 40A j 17.
6. Grant such other relief as the Court deems meet and just.
PLAINTIFF JOANNE R. HIGGINS
By her attorney,
J eph A. Wellington (BBO 522420)
armody &Torrance LLP
50 Leavenworth Street
Waterbury, Connecticut 06702
203.575.2613 (contact)
203.575.2600 (facsimile)
jwellingtoii@can-nodylaw.com
Dated: December 6, 2012
19
r f
CITY OF SALEM
ZONING ORDINANCE
September 10, 2009
EXHIBIT I
CONTENTS
SECTION 1.0 PURPOSE AND AUTHORITY.......................................................................... I
1.1 PURPOSE....................................................................................................................... I
1.2 AUTIIORITY. ................................................................................................................ 1
1.3 SCOPE....................................................................................................................___ 1
1.4 APPLICABILITY........................................................................................................... I
L5AMENDMENTS. ........................................................................................................... i
1.6 SEPARABILITY............................................................_..._............................,............2
SECTION2.0 DISTRICTS ........................................................................................................ 3
2.1 ESTABLISHMENT........................................................................................................ 3
2.2 OVERLAY DISTRICTS................................____.........................................._....._... 3
2.3 ZONING MAP.......................................................................................................
.........
3
2.4 LOT SPLIT BY DISTRICT BOUNDARY LINE...,.......... ............ ..............___.........
INE..........................................................4
SECTION3.0 USE REGULATIONS......................................................................................... 5
3.1 PRINCIPAL USES......................................................................................................... 5
3.2 ACCESSORY USES......___..._..................___........................................................... 9
3.3 NONCONFORMING USES AND STRUCTURES................................................... 10
SECTION 4.0 DIMENSIONAL REQUIREMENTS................................................................ 13
4.1 GENERAL, REQUIREMENTS......................................................___....................., 13
4.2 ROOFING OVER OR ENCLOSING EXISTING PORCHES.................................... 16
SECTION 5.0 GENERAL REGULATIONS..........____.....................................----............... 18
5.1 OFF-STREET PARKING ............................................................................................ 18
5.2 LOADING ....................................................................................................................22
5.3 SIGNS.........._...........___......_......... ...._..._....__.......__....._.... ..............___...._24
SECTION 6.0 SPECIAL REGULATIONS .............................................................................25
6.1 REMOVAL OF EARTH PRODUCTS ........................................................................25
6.2 TRAILERS ...................................................................................................................26
6.3 AUTOMOBILE SERVICE STATIONS......................................................................26
6.4 SALES OF MOTOR VEHICLES AND BOATS..................._............................_.....27
6.5 RELIGIOUS OR EDUCATIONAL INSTITUTIONS................................................. 28
6.6 WIRELESS COMMUNICATION FACILITIES (WCF) ............................................28
6.7 DRIVE-THROUGH FACILITIES...............................................................................31
6.8 VISIBILITY AT INTERSECTIONS ........................................................................... 35
6.9 LAND-BASED WIND ENERGY FACILITIES............................................35
SECTION 7.0 SPECIAL RESIDENTIAL REGULATIONS .......................... 44
7.1 MULTIFAMILY DEVELOPMENT............................................................................44
7.2 CLUSTER RESIDENTIAL DEVELOPMENT...........................................................46
7.3 PLANNED UNIT DEVELOPMENT.................. .................... ............-........ 47
SECTION 8.0 SPECIAL DISTRICT REGULATIONS .......................................................... 51
8.1 WETLANDS AND FLOOD HAZARD OVERLAY DISTRICT(WFHOD) ............. 51
8.2 ENTRANCE CORRIDOR OVERLAY DISTRICT (ECOD)...................................... 57
8.3 BUSINESS PARK DEVELOPMENT DISTRICT...................................................... 58
8.4 NORTH RIVER CANAL CORRIDOR NEIGHBORHOOD MIXED USE DISTRICT
(N RCC).....................................................................................................................................61
8.5 CONSERVATION OVERLAY DISTRICT(COD).......... ....._............. ............. 70
SECTION 9.0 ADMINISTRATION AND PROCEDURES....................................................72
9.1 ENFORCEMENT........._.....-....._....... ....... .............. ........ ......_...... ............ 72
9.2 VIOLATIONS ........................_........................................................._......................... 72
9.3 BOARD OF APPEALS................................................................................................ 73
9.4 SPECIAL. PERMITS .................................................................................................... 74
9.5 SITE PLAN REVIEW...................._;.................................---.................................... 75
SECTION10.0 DEFINITIONS................................................................................................... 80
!
SECTION 1.0 PURPOSE AND AUTHORITY
1.1 PURPOSE. For the purpose of promoting the health,safety, convenience, morals or welfare
of the inhabitants of Salern, the zoning regulations and restrictions of this ordinance, ordained in
accord with the provisions of Chapter 40A of the General Laws and, in the case of signs, ordained in
addition in accord with the provisions of Section 29 of Chapter 93 of the General Laws, are designed
among other purposes to lessen congestion in the streets; to preserve health; to secure safety from fire,
panic and other dangers; to provide adequate light and air; to prevent overcrowding of land; to avoid
undue concentration of population; to facilitate the adequate provision of transportation, water,
sewerage, schools, parks and other public requirements; to conserve the value of land and buildings; to
encourage the most appropriate use of land throughout the City; anti to preserve and increase its
amenities, to preserve and protect the water supply,open space and conservation of natural resources,
to prevent the pollution of the environment and community blight, to ensure housing for all income
levels and compliance with the master plan of the City of Salem; all as authorized by, but not limited
to, the provisions of the Zoning Act, G.L. c. 40A, as amended, Section 2A of 1975 Mass. Acts 808,
and by Article 89 of the Amendments to the Constitution of the Commonwealth of Massachusetts.
1.2 AUTHORITY. This 'Zoning Ordinance is enacted in accordance with the provisions of the
General Laws,Chapter 40A, and any and all amendments thereto, and by Article 89 of the
Amendments to the Constitution of the Commonwealth of Massachusetts.
1.3 SCOPE. For these purposes, the construction, repair,alteration, reconstruction, height,
number of stories, and size of buildings and structures, the size and width of lots, the percentage of lot
area that may be occupied, the size of yards, courts, and other open spaces, the density of population,
and the location and use of buildings, structures, and land in the City are regulated as hereinafter
provided.
1.4 APPLICABILITY. All buildings or structures hereinafter erected, reconstructed, altered,
enlarged, or moved, and the use of all premises in the City, shall be in conformity with the provisions
of the Zoning Ordinance. No building, structure or land shall be used for any purpose or in any
manner other than is expressly permitted within the district in which such building,structure or land is
located. Where the application of this Ordinance imposes greater restrictions than those imposed by
any other regulations, permits, restrictions, easements, covenants, or agreements, the provisions of this
Ordinance shall control.
1.5 AMENDMENTS. This Ordinance may from time to time be changed by amendment,
addition, or repeal by the City Council in the manner provided in G.L. c. 40A, s.5, and any
amendments thereto.
1.5.1 Petition to Amend. A descriptive plot plan shall accompany all petitions to amend this
Ordinance for the purpose of changing the boundary lines of districts as shown on the zoning map.
Such plan shall be filed with the City Clerk , and a duplicate copy of such plan shall be filed with the
Planning Board. The plan shall be drawn accurately, sufficiently clear to show clearly the following
data:
I. The metes and bounds of the site;
2. All streets and other reference marks;
3
SECTION 2.0 DISTRICTS
2.1 ESTABLISHMENT. For the purpose of this Zoning Ordinance, the City is divided into
the zoning districts set forth below:
RESIDENTIAL DISTRICTS
Residential Conservation (RC)
Residential One Family (RI)
Residential Two Family (R2)
Residential Multifamily (R3)
COMMERCIAL AND MIXED USE DISTRICTS:
Business Neighborhood (B 1)
Business Highway (B2)
Business Wholesale and Automotive (B4)
Central Development (135)
Business Park Development (BPD)
North River Canal Corridor (NRCC)
INDUSTRIAL DISTRICTS:
Industrial (1)
2.2 OVERLAY DISTRICTS. In addition, the following overlay districts are also hereby
established in Section 8.0:
Wetlands and Flood Hazard Overlay District (WFHOD)
Entrance Corridor Overlay District (ECOD)
Conservation Overlay District (COD)
2.3 ZONING MAP
2.3.1 Establishment. The location and boundaries of these districts are hereby established as shown
on a map entitled "Zoning Map of the City of Salem"dated August 27, 1965, as may be amended, on
file in the office of the City Clerk , which map, with all explanatory matter thereon, is declared to be a
part ofthis Ordinance.
2.3.2 Amendment. If, in accordance with the provisions of this Ordinance and the General Laws,
Chapter 40A, amendments are approved by the City Council which involve changes in district
boundaries or other matter portrayed on the zoning map, such changes shall be made promptly on the
zoning map.
2.3.3 Official Copy. Regardless of the existence of purported copies of the zoning map which may
be made or published from time to time, the zoning map on file in the office of the City Clerk shall be
5
SECTION 3.0 USE REGULATIONS
3.1 PRINCIPAL USES. Except as provided by law or in this Ordinance in each district, no
building or structure shall be constructed, used or occupied, nor shall land be used or occupied, except
for the purposes permitted as set forth in the accompanying Table of Principal and Accessory Use
Regulations.
3.1.1 By Right. A use listed in the Table of Principal and Accessory Use Regulations is permitted as
of right in any district under which it is denoted by the letter "Y" subject to such restrictions as may be
specified elsewhere in this Ordinance.
3.1.2 Special Permit: Zoning Board of Appeals. A use designated in the Table of Principal and
Accessory Use Regulations by the letters 'BA" may be permitted as a special permit only if the Zoning
Board of Appeals so determines and grants a special permit therefore as provided in Section 9.4 of this
Ordinance subject to such restrictions as are set forth elsewhere in this Ordinance, and such restrictions
as said Board may establish.
3.1.3 Special Permit: Planning Board. A use designated in the Table of Principal and Accessory
Use Regulations by the letters "PB" may be permitted as a special permit only if the Planning Board so
determines and grants a special permit therefore as provided in Section 9.4 of this Ordinance subject to
such restrictions as are set forth elsewhere in this Ordinance, and such restrictions as said Board may
establish.
10
to any side lot line(side lots in this instance refer to a projected line starting from the front lot
line, terminating at the rear lot line parallel five (5) feet from the side or live(5) feet from the
rear lot line. The building area of such building or structure,excluding garages, shall not
exceed one (1) percent of the lot area or one hundred twenty (12.0) square feet, whichever is
greater, and shall not be located closer than ten (10) feet to any other building on the satme lot
or any abutting lot.
4. Accessory structures and garages shall not exceed 1.5 stories or eighteen (18) feet in
height.
3.2.5 Swimming Pools. Pools used for swimming or bathing shall be in conformity with the
requirements of this Ordinance and the State Building Code. Swimming pools shall not be considered
structures for purposes of this Ordinance. However, no side ofany pool shall be located less than six
(6) feet from any rear or side property line, unless a special permit is obtained from the Board of
Appeals. Pools.shall conform to front yard setbacks as required for dwellings in Section 4.0 of this
Ordinance.
I. All accessory structures, installations and equipment, such as showers, dressing rooms,
equipment houses or other buildings, shall comply with all applicable requirements of the
Zoning Ordinance.
3.2.6 Commercial Vehicles. The term `accessory use"shall not be construed to mean that the land
cannot be used for the storage or overnight parking of motor vehicles, including trucks, tractors,
trailers except as exempted by Section 6.2, unless the "permitted use" for buildings in the district
allows such parking for the storage of commercial motor vehicles.
3.3 NONCONFORMING USES AND STRUCTURES.
3.3.1 Applicability. This Zoning Ordinance shall not apply to structures or uses lawfully in
existence or lawfully begun, or to a building or special permit issued before the first publication of
notice of the public hearing required by G.L. c. 40A, s. 5 at which this Zoning Ordinance, or any
relevant part thereof, was adopted. Such prior, lawfully existing nonconforming uses and structures
may continue, provided that no modification of the use or structure is accomplished, unless authorized
hereunder.
3.3.2 Nonconforming Uses. The Board of Appeals may award a special permit to change a
nonconforming use in accordance with this section only if it determines that such change or extension
shall not be substantially more detrimental than the existing nonconforming use to the neighborhood.
The following types of changes to nonconforming uses may be considered by the Board of Appeals:
I_ Change or substantial extension of the use;
2. Change from one nonconforming use to another, less detrimental, nonconforming use.
3.3.3 Nonconforming Structures. The Board of Appeals may award a special permit to
reconstruct,extend, alter, or change a nonconforming structure in accordance with this section only if
it determines that such reconstruction, extension, alteration, or change shall not be substantially more
detrimental than the existing nonconforming structure to the neighborhood. The following types of
changes to nonconforming structures may be considered by the Board of Appeals :
e
6
TABLE OF PRINCIPAL AND
ACCESSORY USE REGULATIONS
PRINCIPAL USES RC RI R2 R3 BI B2 B4 B5 I IIPll
A. RESIDENTIAL USES _
Dwelling, Single-famil Y Y Y Y Y N N Y N N
Dwelling,Tlvo-family_„ N N Y Y Y N N Y N N
Dwelling, Multifamily N N N Y Y N N Y N N
Cluster develo menu PB PB PB _P B N N N N N N
Dwelling unit above first floor retail, N N N N N N N Y N N
ersonal service,or office use.
Dwelling unit in historic carriage house BA BA BA BA BA N N N N N
Multifamil "Development N N N BA N N N N N N
Nursing or convalescent home N N N BA BA BA N N N PB
Planned unit development N N N PB PQ PB PB PB PB Y
Rooming, boarding or lodging house N N SA N BA BA N N N N
B. EXEMPT AND INSTITUTIONAL RC RI R2 R3 BI B2 34 BS I BPD
USES
Child care facility Y Y Y Y Y Y Y Y Y Y
Essential services BA BA BA BA BA BA BA BA BA PB
Facilities for the sale of produce,a'nd wine Y Y Y Y Y Y Y Y Y Y
and dairy products, provided that during the
months of June,July,August,and
September of every year, or during the
harvest season of the primary crop, the
majority of such products for sale, based on
either gross sales dollars or volume, have
been produced by the owner of the land
containing more than five acres in area on
which the facility is located
-Hospital BA BA N N NN N N N N
Municipal facilities Y Y Y Y Y Y Y Y Y Y
Use of land for the primary purpose of Y Y Y Y Y Y Y Y Y Y
agriculture, horticulture, floriculture, or
viticulture on a parcel of more than five
acres in area
Use of land or structures for educational Y Y Y Y Y Y Y Y Y Y
purposes on land owned or leased by the
commonwealth or any of its agencies,
subdivisions or bodies politic or by a
religious sect or denomination, or by a
nonprofit of educational corporation
Use land or structures for religious Y Y Y Y Y Y Y Y Y Y
ur oses
7
C. COMMERCIAL USES RC Rl R2 R3 Bl B2 B4 B5 i BPD
Adult day care BA BA BA BA BA BA BA BA BA PB
A ricultural use, nonexempt Y Y N N N N N N N N
Animal clinic or hospital; kennel N N N N---dA--FTA-BA N BA PB
Arts and crafts studios and workshops N N N BA BA BA BA Y Y Y
Bank, financial agency N N N N Y Y Y Y Y N
Bed and breakfast N N BA N BA BA N N N N
Business or professional office, including N N N N Y Y Y Y Y Y
medical
Club or lodge, private N N N N N N N Y N N
Commercial recreation, indoor N N N N N BA BA Y BA N
Commercial recreation, outdoor N N N N N BA BA N N N-
-Drive-through h facilities; fast-food N N N N N PB PB' PB PB N
Drive-through facilities; other N N N NN-- PB PB PB PB N
Educational use, nonexempt N N N N N N N Y N N
Farm stand, nonexempt Y Y N N N N N N N N
Funeral home N N BA BA BA BA N N N N
Retail store, except department store, not N N N N Y Y Y Y Y -14—
elsewhere
elsewhere set forth
General service establishment N N N N Y Y Y N N N
Golfcourse Y Y Y Y Y Y Y Y Y N
Historic buildings open to the public N N Y Y Y Y Y Y Y Y
Hotel, motel, or inn N N N BA N Y BA Y N N
Marina; waterfront boat and or yacht club BA BA BA BA BA BA BA BA BA N
Motor vehicle general and body repair N N N N N BA BA N BA N
Motor vehicle light service N N N N BA Y Y N Y N
Motor vehicle, trailer and boat sales, N N N N N BA Y N Y N
service and rental
Museum N N Y Y Y Y Y Y Y y
Nonprofit outdoor recreational facilities BA BA N N BA N N N -R—
Personal
Personal service establishment N N N N Y BA Y Y N N
Plumbing, carpentry and sheet metal shop N N N N N N Y N N N
Restaurant, with service of alcoholic N N N N N Y N Y N N
beverages
Restaurant; drive-in or fast-food N N N N Y Y Y Y Y N
Restaurant; no service of alcoholic N N N N Y Y Y Y Y N
beverages
Retail department store located within a N N N N N Y N N N N
shopping laza
Retail-wholesale supply establishments, N N N BA BA N N Y N N
provided that the wholesale operation does
not exceed 50%of the gross floor area
Sale and storage of building supplies N N N N N N Y N Y N
Supermarket N N N N N Y N N N N
Wind energy facility, commercial scale N N N PB N N N N PB PB
Wind energyfacility, residential scale PB PB PB PB PB PB PB N PB PB
8
Wireless Communications Facility PB PB PB PB PB I PQ 113B PB I PQ I PB
D. INDUSTRIAL USES RC R1 R2 R3 Bl B2 B4 B5 I BPD
Assembly or packaging N N N N N IN N N Y PB
Computer hardware development N N N N N N N BA Y Y
Contractor'syard; landscaping business N N N N N N N N BA PB
Earth removal N N N N N N N N N N
Food and beverage manufacturing, bottling N N N N N N N N Y Y
or processing facility
Junkyard or automobile graveyard N N N N N N N N BA N
Light mamifacturing, N N N N N N N N BA PB
Livery facility, yard, or terminal N N N N N N N N BA N
Man U facturi ng N N N N N N N N BA PB
Mini-storage warehouse facility N N N N N BA BA N BA PB
Publishing and printing N N N N N Y Y Y Y N
Research, laboratories, and development N N N N N Y N N BA Y
facilities
Transportation terminal N I N N N N N N N BA N
Wholesale, warehouse, or distribution N N N N N Y Y BA Y PB
facility
E. ACCESSORY USES RC R1 INN
BI B2 B4 B5 I BPD
Adult da care BA BA N N N N N _14—
Customary
Customary agricultural, horticultural and BA BA N N N N N N
floricultural o eration
Famil da care, lar e BA BA N N N N N NFamily da care, small Y Y N N N N N N
Home Occupation BA BA BA BA N N N N N N
Private garages and other accessory Y Y Y Y Y N N N N N
structures
Rooming and boarding not more than 2 N N Y Y N N N N N N
persons
27
of lot width for every two (2) pumps and one (1) service bay in excess of four(4) pumps
and two (2) service bays. Duplex pumps and/or hoses that are covered or enclosed in a
single housing shall be counted as two (2) pumps.
2. Every structure erected for use as an service station shall have a minimum setback
from the street right-of-way of forty (40) feet and a minimum setback from all property
lines often (10) feet. All pump islands shall be set back a minimum of fifteen (15) feet
from all property lines.
6.3.3 Service Areas. All vehicle service areas shall be constructed to conform to the following
standards:
I. A curb six (6) inches high and six(6) inches wide shall be provided along all
property lines abutting street rights-of-way, except for portions used for driveway
entrances.
2. The entire area used for vehicle service shall be paved, except for such area as is
landscaped and considerably protected from vehicle use by a low barrier.
3. Flydraulic hoists, pits and lubricating, greasing, washing and repair equipment
shall be entirely enclosed within a building.
4. The width of driveway entrances shall be not more than twenty-four(24) feet.
5. The angle of intersection of the driveway with the street shall be not more than
sixty (60) degrees.
6. The distance from any driveway to any side property line shall be not less than
twenty (20) feet.
7. The distance between curb cuts shall be not less than forty (40) feet.
6.3.4 Screening. A solid wall or compact evergreen screening five (5) feet high shall be
erected along all property lines abutting residential uses.
6.3.5 Lighting. Exterior lighting shall be so arranged as to reflect light away from adjoining
premises and streets.
6.4 SALES OF MOTOR VEHICLES AND BOATS
6.4.1 General. Unless a license is issued by the Licensing Board, no new and/or used motor
vehicles, including motorcycles, trailers as defined in this Ordinance, boats and canoes of any
description, motors including outboard motors may be displayed and/or sold or rented, regardless
of ownership of same, from any building or lot within the City limits.
6
28
6.4.2 Exception. This provision, however, shall not apply to any person who resides in RC,
R1, R2 and R3 Districts, subject to the following provisions:
I. Only one (1) vehicle or item, as listed hereinbefore, may be displayed for sale in
any twelve-month period.
2. The registered owner must reside in and be the owner of the property on which
the vehicle for sale is displayed. Persons of the First degree of kindred permanently
residing in the dwelling unit may be included in this interpretation.
3. No vehicle for sale shall be permanently displayed on the street at any time, nor
shall it be permanently displayed or parked in any front yard area. Refer to Section 4.1.2
for the definition of front yard.
4. Only one (1) "For Sale" sign, which shall not exceed one and one-half(1.5)
square feet in area, may be displayed. This sign must be located on the interior side of
the front or rear window.
6.5 RELIGIOUS OR EDUCATIONAL INSTITUTIONS
No portion of this Ordinance shall be interpreted to regulate or restrict the use of land or
structures for religious purposes or for educational purposes on land owned or leased by the
Commonwealth of Massachusetts or any of its agencies, subdivisions or bodies politic or by a
religious sect or denomination or by a nonprofit educational corporation; provided, however, that
such land or structures must comply with all the requirements of the Zoning Ordinance
concerning the bulk and height of structures, yard size, lot area, setbacks, open space, parking
and building coverage requirements of the zoning district in which it is located.
6.6 WIRELESS COMMUNICATION FACILITIES (WCF)
6.6.1 Purpose. The purpose of this amendment is to provide areas where wireless
communications facilities (WCF) can be sited by special permit, while minimizing potential
damage and adverse visual impacts on adjacent properties, residential neighborhoods, and areas
of historic or high scenic value; to allow the provision of necessary wireless communication
services in an orderly way; and to promote shared use of existing facilities to reduce the need for
new facilities.
6.6.2 General. Except as provided in Section 6.6.6, an applicant for a WCF may not be issued
a building permit unless or until a WCF special permit has been issued by the Planning Board.
The Planning Board may approve, or approve with conditions, if the petitioner can fulfill the
requirements of this section. An application for a WCF special permit shall be denied if the
r
73
illegal work being done; or any other action authorized by this Ordinance to ensure compliance
with or to prevent violation of its provisions.
9.2.3 Penalty. Violation of any of the provisions of this Ordinance shall constitute a
misdemeanor. Any person who violates this Ordinance shall, upon conviction thereof, be fined
not more than three hundred dollars($3170.00) per violation and, in addition, shall pay all costs
and expenses involved in the case. Each day such violation continues shall be considered a
separate offense. Nothing herein contained shall prevent the City from taking such other lawful
action as is necessary to prevent or remedy any violation.
9.3 BOARD OF APPEALS
9.3.1 Establishment. A Board of Appeals is hereby established, which shall consist of five
.(5) members to beappointed.by the mayor, subject to the confirmattion of the City Council, each
for a term of five (5)years and with the terra of one (I) appointee expiring each year.
I. The board shall elect annually a chairman from its membership, shall appoint a
secretary and shall adopt rules necessary to the conduct of its affairs and in keeping with
the provisions of the General Laws,Chapter 40A.
2. . The mayor, subject to the confirmation of the City Council, may appoint associate
members to the Board of Appeals. In accordance with Chapter 40A, no more than two
(2) associate members may be on the Board of Appeals at any time, and their duties shall
be as determined by Chapter 40A.
9.3.2 Powers. The Board of Appeals shall have the following powers and duties:
I. To hear and decide appeals taken as provided in Chapter 40A of the General
Laws.
2. To hear and decide applications for special permits as provided in Section 9.4,
hereof,except such applications for special permits where the power to grant is vested in
the Planning, Board by this Ordinance.
3. To authorize upon appeal, or upon petition in cases where a particular use is
sought for which no permit is required, with respect to a particular parcel of land or to an
existing building thereon a variance from the terms of the applicable Zoning Ordinance
or bylaw where, owing to conditions especially affecting such parcel or such building but
not affecting generally the zoning district in which it is located, a literal enforcement of
the provisions of this Ordinance would involve substantial hardship, financial or,
otherwise,to the appellant and where desirable relief may be granted without substantial
detriment to the public good and without nullifying or substantially derogating from the
intent or purpose of such Ordinance, but not otherwise. In exercising the powers under
this subsection (d)(3), the board may impose limitations both of time and of use,and a
r
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continuation of the use permitted may be conditioned upon compliance with regulations
to be made and amended from time to time thereafter.
4. To hear and decide comprehensive permits for construction of low or moderate
income housing by a public agency or limited dividend or nonprofit corporation, as set
forth in G.L. c. 40B, ss. 20-23.
9.3.3 Regulations. The Board of Appeals may adopt rules and regulations for the
administration of its powers.
9.3.4 Fees. The Board of Appeals may adopt reasonable administrative fees and technical
review fees for petitions for variances, administrative appeals, and applications for
comprehensive permits.
.9.3.5 .Lapse. Rights authorized.by a variance that are not exercised within one(1).year of the
date of the grant of such variance shall lapse.
9.4 SPECIAL PERMITS
9.4.1 Special Permit Granting Authority. Unless specifically designated otherwise, the
Board of Appeals shall act as the Special Permit Granting Authority.
9.4.2 Criteria. Special permits shall be granted by the Special Permit Granting Authority,
unless otherwise specified herein, only upon its written determination that the adverse effects of
the proposed use will not outweigh its beneficial impacts to the City or the neighborhood, in
view of the particular characteristics of the site, and of the proposal in relation to that site. In
addition to any specific factors that may be set forth in this Ordinance, the determination shall
include consideration of each of the following:
1. Community needs which are served by the proposal;
2. Traffic flow and safety, including parking and loading;
3. Adequacy of utilities and other public services;
4. Neighborhood character;
5. Impacts on the natural environment including view; and
6. Potential economic and fiscal impact, including impact on City services, tax base, and
employment.
9.4.3 Procedures. An application for a special permit shall be filed in accordance with the
rules and regulations of the Special Permit Granting Authority.
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9.4.4 Conditions. Special permits may be granted with such reasonable conditions,
safeguards, or limitations on time or use, including performance guarantees, as the Special
Permit Granting Authority may deem necessary to serve the purposes of this Ordinance.
9.4.5 Regulations. The special permit granting authority may adopt rules and regulations for
the administration of this section.
9.4.6 Fees. The special permit granting authority may adopt reasonable administrative fees
and technical review fees for applications for special permits.
9.4.7 Lapse. Special permits shall lapse if a substantial use thereof or construction thereunder
has not begun, except for good cause, within 24 months following the filing of the special permit
approval (plus such time required to pursue or await the determination of an appeal referred to in
G.L. c. 40A, s. 17, trom the grant thereof) with the City Clerk. .
9.5 SITE PLAN REVIEW
9.5.1 Purpose. This provision is intended to protect and promote the health,safety,
convenience and general welfare of the inhabitants of the City, promote acceptable site planning
practices and standards within the City of Salem and ensure compliance with the City of Salem
master plan and good zoning practices.
9.5.2 Applicability. Site plan review shall be required for:
I. Nonresidential structure or premises exceeding ten thousand (10,000) gross
square feet; or
2. Residential structure containing six(6)or more residential dwelling units.
9.5.3 Application. Any application for approval of a site plan review under this section shall
be accompanied by fifteen (15)copies of site plan, which shall be at a scale to be established
by the Planning Board and, according to the size of the development, shall include fifteen (15)
copies of all information required for a Definitive Pian under Section III B of the Subdivision
Regulations of the Planning Board of the City of Salem, and such petition shall also be
accompanied by fifteen (15) copies of an environmental impact statement as set out in Appendix
A of the subdivision regulations ofthe Planning Board of the City of Salem, as requested. The
plan shall contain the following information:
I. Location and dimensions of all buildings and other construction;
2. Location and dimensions of all parking areas, loading areas, walkways and
driveways;
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SECTION 10.0 DEFINITIONS
In this Ordinance, the following terms and constructions shall apply unless a contrary meaning is
required by the context or is specifically prescribed in the text of the Ordinance. Words used in
the present tense include the future. 'I he singular includes the plural and the plural includes the
singular. The word "shall" is mandatory and "may" is permissive or discretionary. The word
"and" includes "or" unless the contrary is evident from the text. The word "includes" or
"including" shall not limit a term to specified examples, but is intended to extend its meaning to
all other instances, circumstances, or items of like character or kind. The word "lot" includes
"plot"; the word "used" or "occupied" shall be considered as though followed by the words "or
intended, arranged, or designed to be used or occupied". The words "building," "structure,"
"lot," or."parcel," shall be construed as being followed by the words "or anyportion thereof."
The word "person" includes a firm, association, organization, partnership, company, or
corporation, as well as an individual. Terms and words not defined herein but defined in the
Commonwealth of Massachusetts State Building Code shall have the meaning given therein
unless a contrary intention is clearly evident in this Ordinance.
Accessory building: A subordinate building located on the same lot as the main, or principal
building or principal use, the use of which is customarily incidental to that of the principal
building or use of the land.
Accessory use: A use customarily incidental to that of the main or principal building or use of
the land.
Adult clay care facility: A social day care or adult day health facility as those terms are defined
by the Commonwealth's Department of Elder Affairs.
Agricultural use, nonerempt: Agricultural use of property not exempted by G.L. c. 40A, s. 3
and limited to the following: customary agricultural, horticultural and floricultural operations,
provided that(I) all the buildings combines shall not occupy a greater percentage of the lot area
than listed in the_Table of Dimensional Requirements; and (2) there shall be no storage of
manure or odor or dust producing substances; and (3) no building in which farm animals are kept
shall be permitted within one hundred feet of any property line; and (4) no greenhouse heating
plant hall be operated within fifty feet of any property line; and (6) no products shall be publicly
displayed or offered for sale from the roadside.
Alterations, structural. Any change or rearrangement in the supporting members of building,
such as bearing walls, columns, beams or girders.
Anuusenuent areade: Any lot licensed to maintain three (3) or more commercial amusement
devices that are regulated by Section 177A of Chapter 140 of the General Laws.
Amusements, eoinnuercial: Any amusement device licensed under the provision of
Massachusetts General Laws, Chapter 140, Section 177A.
86
Lot line: A line dividing one lot from another, or from a street or any public place.
Lot width: The minimum lot width required shall be measured at the rear of the required front
yard depth and on a line parallel to the right-of-way line where a plan of the right-of-way is on
File with the registry of deeds or, in the absence of such a plan, from a line twenty-five (25) feet
from and parallel with the centerline ofthe traveled way.
Manufacturing: A use engaged in the basic processing and manufacturing of materials, or the
manufacture from previously prepared materials, of finished products or parts, including
processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution
Of such products, but excluding the following: Acid manufacture; Cement, lime, gypsum or
plaster of paris manufacture; Production of chlorine or similar noxious gases; Distillation of
bones; Drop-forge industries manufacturing forging with power hammers; Manufacture or
storage of explosives in bulk quantities; Fertilizer manufacture; Garbage, offal, or dead animal
reduction or dumping; Glue manufacture; Flair manufacture; Petroleum refining;.Processing of
sauerkraut, vinegar or yeast; Rendering or refining of fats or oils; Smelting of tin, copper, zinc or
iron ore, including blast furnace or blooming mill; Stockyard or feeding pen; Slaughter of
animals, not including the killing of fowl.
Marina: A waterfront area having a dock or mooring facilities for boats for rental purposes; fuel
and oil for boats only may be sold on the premises. Shore facilities similar to motels may
occupy contiguous land areas.
Medical center or clinic: A building designed and used for the diagnosis and treatment of
human patients that does not include overnight care facilities.
Mini-storage storage facility: A facility for the self-storage of personal or business related items
or goods.
Mobile hone: A dwelling built upon a chassis, containing complete electrical, plumbing and
sanitary facilities, and designed without necessity of a permanent foundation for year-round
living, irrespective of whether actually attached to a foundation or otherwise permanently
located.
Monopole: A type of mount that's self-supporting with a single shaft of steel or concrete and a
platform (or racks) for panel antennas arrayed at the top.
Motor vehicle body repair: An establishment, garage or work area enclosed within a building
where repairs are made or caused to be made to motor vehicle bodies, including fenders,
bumpers and similar components of motor vehicle bodies, but does not include the storage
vehicles for the cannibalization of parts.
Motor vehicle general repairs: Premises for the servicing and repair of autos, but not to include
fuel sales.
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Motor vehicle light service: Premises for the supplying of fuel, oil, lubrication, washing, or
minor repair services, but not to include body work, painting, or major repairs.
Mowat The structure or surface upon which antennas are mounted, including the following four
(4) types of mounts: roof mounted, side mounted (side of a building), ground-mounted, structure
mounted (Structure other than a building).
Municipalfacilities: Facilities and buildings owned or operated by the City of Salem.
Nonresideiraal structure: Such structures as buildings, garages, steeples, and water towers, but
does not include houses or apartments.
Nursing or convalescent home: As defined by Section 71 of Chapter I I I of the General Laws:
A convalescent or nursing home is defined as any institution, however named, whether
conducted for charity or profit, which is advertised,announced or maintained for the express or
implied purpose of caring for three (3) or more persons admitted thereto for purposes of nursing
or convalescent care
Open air motion picture theater. An open air(covered or uncovered with no sidewalls) parking
area for vehicles where motion pictures are projected onto a large uncovered screen. The
projection and sound equipment shall be housed in an enclosed structure.
Parkinggarage: A structure which is accessory to a commercial or industrial establishment and
is primarily for the parking and storage of vehicles operated by the customers, visitors and
employees of such an establishment.
Personal service establishment: A facility providing personal services such as hair salon, barber
shop, tanning beds, dry cleaning, print shop, photography studio, and the like.
Planning Board:"file Planning Board of the City of Salem as established by Chapter 41,
Section 70 of the General Laws.
Planning Department: The planning department of the City of Salem.
Preliminary application: An application which may be submitted by a developer prior to formal
application for a development permit in order that a given parcel can be reviewed in relation to
the standards of issuance for residential development contained herein.
Radio frequency radiation (RFR): The emissions from personal wireless service facilities.
Repairs: Work of a reconstruction or renewal nature on any existing part of a building or
structure but excluding a structural alteration.
Restaurant: A building, or portion thereof, containing tables and/or booths for at least two-
thirds (2/3) of its legal capacity, which is designed, intended and used for the indoor sales and
88
consumption of food prepared on the premises, except that food may be consumed outdoors in
landscaped terraces, designed for dining purposes, which are adjuncts to the main indoor
restaurant facility. The tern "restaurant" shall not include "fast food establishments."
Restaurant,fast fund: An establishment whose principal business is the sale of pre-prepared or
rapidly prepared food directly to the customer in a ready to consume state for consumption either
within the restaurant building or off premises and usually requires ordering food at a counter.
Retail: A facility selling goods but not specifically listed in the Table of Use Regulations.
Right-of--way line: A line separating a public street or way from a lot.
Raaf structure: A wireless communication structure mounted on a roof ofa building or the top
of a water tower.
Rooming, boarding or lodging house: A dwelling or part thereof in which lodging is provided
by the owner or operator to at least three, but not more than six, roomers or boarders.
Security barrier: A locked, impenetrable wall, fence or bean that completely conceals an area
from unauthorized entry or trespass.
Separation: The distance between one (I)carrier's array of antennas and another carrier's array.
Signs Any device designed to inform or attract the attention of persons not on the premises on
which such device is located, whether such device is a separate structure or object or attached to
or painted on another structure or object.
Sign area: The area of the smallest horizontally or vertically oriented rectangle which could
enclose all the display area of the sign, together with any backing different in color or material
from the finish material of the building face, without deduction for open space or other
irregularities. Structural members not bearing advertising matters hall not be included unless
internally or decoratively lighted. Only one side of flat, back-to-back signs need be included in
calculating sign area.
Special permit use: A use which would not be appropriate generally or without restriction
throughout the district but which, if controlled in a neighborhood, would promote the public
health, safety, convenience, morals and welfare of the City's inhabitants.
Stacking lane. An area of stacking spaces and driving lanes provided for vehicles waiting for
drive-through service.
Stacking s7pace: An area within a stacking lane for vehicles waiting to order and/or finish a
drive-through transaction.
Story: As defined in the State Building Code.
89
Story, half.• A story under a gable;h+p or gambrel roof, the wall plates of which on at least two
opposite exterior walls are not more than (?}two feet above the floor of such story.
Street: A public or private way which affords the principal means ofaccess to abutting
properties.
Structure: Anything constructed or erected, the use of which requires location on the ground or
attachment to something having location on the ground.
Supermarket: An indoor retail operation selling primarily groceries, produce, meat and fish,
baked goods, and other convenience and household goods exceeding 15,000 square feet of gross
floor area.
Swimming pool. An artificial pool, uncovered or enclosed, used for recreational swimming.and
not less than twenty-tour(24) inches deep nor having a surface area of less than two hundred
fifty (250) square feet.
Temporary structure: A structure without any foundation or footings to be removed within a
twelve-month time period. Said structure shall conform to the requirements of the Table of
Dimensional Requirements and shall receive a permit from the Building Commissioner.
Trailer: A vehicle used or designed to be used for living purposes. The terms "travel trailer,"
pickup coach," "pickup camper," "motorized camper," tent trailer," "mobile home," etc., or terms
of similar import shall be interpreted as having the same meaning as the term "trailer."
Transportation terminal. Terminal facilities for handling freight with or without maintenance
facilities.
Use: The specific purpose for which land, or a building and land, is designed, arranged intended,
or for which it is or may be occupied or maintained.
Variance: A relaxation of the terms of this Ordinance where such relaxation will not be contrary
to the public interest and where, owing to conditions peculiar to the property and not the result of
the actions of the applicant, a literal enforcement of this Ordinance would result in unnecessary
and undue hardship.
Veterinary hospital(animal clinic): A building whose sole use will be the medical or surgical
treatment of animals, reptiles or birds. Patients may be boarded on the premises not longer than
twenty (20)days. The building shall not be used for breeding purposes or as a kennel.
Warehouse, wholesale, or distribution facility: A building used primarily for the storage of
goods and materials intended for distribution, but not for sale on the premises to the general
public.
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CITY OF SALEM, TMASSACHUSETTS ZONING BOARD OF APPEALS
o
RULES AND REGULATIONS
;F r
February 2008
ARTICLE I. ORGANIZATION
1. Officers
At the first regular meeting in May, the Board shall elect all officers of the Board to include a
Chairman, Vice Chairman, and Secretary. Alternates do not participate in this act except
where an alternate member has been designated to act as a member of the Board under
Section 5 of this article. If a vacancy should occur during the term of an officer the Board
shall, at the next mecting after the vacancy occurs, elect a replacement to serve until the next
reorganicational meeting.
2. Chairperson: Powers and Duties
The Chairperson shall vote and be recorded on all matters coming before the Board. Subject
to these rules, lie/she shall decide all points of order, unless over-ruled by a majority of the
Board in session at the time. lie/she shall appoint such committees as may be found.
necessary or desirable.
In addition to powers granted by general laws and ordinances, and subject to these rules and
further instructions of the Board, the Chairperson shall transact the official business of the
Board, supervise the work of the Secretary, request necessary help, direct the work of all
subordinates, and exercise general supervisory powers. He/she shall, at each meeting, report
on all official transactions that have not otherwise come to the attention of the Board.
3. Vice Chairperson
The Vice Chairperson shall act as a Chairperson in case the Chairperson is absent, dis=abled
or otherwise unable to perform his duties.
4. Secretary
The Secretary shall be a nremher of the Board, designated by rhe Board. The Secretary shall
read the petition and all correspondence relative to the petition before the public portion of
the hearing-
s. Alternate i44embers
The Chairperson of the Board shall designate an alternate member to sit on the Board in case
of the absence, inability to act or conflict of interest on the part of any Board member. In the
event of a vacancy on the Board, the Chairperson may designate an alternate member to act
as a member of the Board until someone is appointed to fill the unexpired portion of the
vacated term. Alternate nnembe•,rs shall he called on a rotating basis to till vacancies as they
occur.
EXHIBIT 2
b. Clerk of the Board
Subject to the direction of the Board and its Chairperson, the Clerk shall be responsible for
all of the clerical work of the Board including typing and filing of all written decisions and
correspondence, letters,etc. Also, the postings of the Boards agenda in compliance with
state and local laws and ordinances; sending of all notices required by law; receive and time
stamp all applications; keep dockets and minutes of the Boards proceedings; compile all
required records; maintain all necessary files and indexes and call the roll at all Board
meetings.
7. Building Inspector
The Salem Building Inspector, or his representative, shall be present at all meetings of the
Board and shall make his recommendations regarding matters before the Board.
S. Conflicts of Interest
In any situation where a Board member has worked on the preparation of plans or drawings
or otherwise participated in a case submitted to the Board and in situations where a Board
member has a direct and significant financial interest in the outcome of case, that Board
member shall notify the Chairperson of the conflict of interest situation, shall take a place
with the public at the meeting and shall not participate in deliberations by the Board for this
particular case.
9. Quorum
Four members of the Board will constitute a quorum.
10. Regular Meetings
Unless otherwise noted, regular meetings of the Board of Appeals shall be held on the third
Wednesday of tine month at 6:30 pin at 120 Washington Street. The Board of Appeals may
post a yearly schedule in advance and amend this schedule as needed_
11. Special tMeetings
Special meetings may be called by the Chairperson, or at the request of three members.
Written notice thereof shall be given to each member at least 72 hours before the time set,
excluding holidays and weekends. Notices shalt be posted publicly as required by law and
meetings.
12. (Minutes of the Meeting
All minutes of the Boards incetim, once they have been approved by the Bo.ud become
public record. Any petitioner, abutter or other interested party may receive a written copy of
the minutes ince they become available. Additionally, copies ofthe meeting recording may
be made available to petitioners, abutters, and others. Costs incurred for the reproduction of
the minutes or recording shall be borne in its entirety by the requester- Such costs shall be
determined by the City department acting as the supplier.
l`his section shall not however, prohibit a City official from receiving a copy of any written
minutes so long as said request is made in conjunction with official City business.
0111 01' L.E?:1 BC4ii2D OF'APPFALS
RULES 'yND RR;ULATIONS- PA"JE 2
ARTICLE II. APPLICATIONS TO THE BOARD
1. Applications
Every application for action by the Board shall be made on the office form. These Comms
shall be furnished by the Clerk of the Board upon request. Any communication purporting to
be an application shall be treated as mere notice of intention to seek relief until such time as
it is made on the official application form. All information called for by the form shall be
furnished by the applicant in the manner therein prescribed.
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 ofthe ordinance.
For 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 nutural environment, including drainage;
e) Neighborhood character; and
f) Potential fiscal impact, including impact on City tax base and employment.
Ten (10) copies of the form and all application materials must be submitted. In addition, the
applicant shalt advise the Board of any requests for Variances or Special Permits made for
the property in question, by any party, over the last five years.
2. Filing Period
Every application shall be filed and every appeal taken and hear] w=ithin ilme guidelines as
provided for by State Law.
Plans to Accompany Petition
All applications relative to construction or exterior alteration must include ten ('10) copies of
the exterior design plans, drawn to scale. with the scale indicated. Exterior elevations must
CITY Of�SAI ESM BOARD OF
;.Nf7 REGGi_A C(O S- I'.` iE
indicate dimensions and include all sides affected by the proposal. Exposed foundations
should also be depicted on elevations.
A Certified Plot Plan is required for all new construction and any construction to existing
structures where the proposed work would affect the structure's footprint. Mortgage Plans
may be submitted in the place of Certified Plot Pians for existing one and two family
structures when the exterior alterations are not two feet or less from the property line.
A Certified Plot Plan must be stamped and dated by a registered engineer or land surveyor.
The following items must be on the Certified Plot Plan:
a) If petitioner seeks dimensional variances, plans must include a chart showing how the
proposal falls short of the Ordinance's requirements.
b) Plans must show all existing features of the property relevant to the proposed project,
including without limitation, any easements, water,sewer and gas tines, underground
electrical lines, paper streets, conservation areas, wetlands or waterways, hazardous waste
disposal sites or historical sites.
c) If off-street parking is required by the Ordinance, plans must allow the layout and number
of parking spaces set aside for the proposed use. Proposed parking layouts must include
access ways and buffer zones.
4. Cost for Petition
All applications sliall be accompanied by the checks required in the Board's Fee Schedule.
ARTICLE ITI. HEARINGS
1. Notice
Notice of hearings shall be advertised as required by the provisions of the Massachusetts
General Lawn Chapter 40A.
2. Hearing to be Public
All hearings shall be open to the public. No person shall be excluded unless he is considered
by the Chairperson to be a "Serious Hindrance" to the workings of the Board.
i. Representation and Absence
An applicant may appear inn his own behalf, or be represented by an agent or attorney. In the
absence of any appearance without due cause on behalf of an applicant, the Board will decide
on the matter using the information it has otherwise received.
When an abutter, petitioner and/or representative, or any interested person addresses the
Board It any tinne during a public hearing reading from a prepared statement, said statement,
shall be submitted to the C ilanperson and placed in the file and beconnc part of the permanent
record.
C ff1'(1f SrV_E%1 80 ARD Ol'.APPEALS
Ri1ES AND REGULA fIONS- PAIGE
4. Order of Business
a. Roll Call
b. Review of cases to be heard
c. Hearing of cases as follows:
I. Reading of the petition and legal notice by the secretary, together with
presentation of exhibits; if any.
2. Applicant's presentation
3. Opponent's presentation, if any, and questions by those seeking information
4. Applicant's rebuttal, restricted to matters raised by opponent's presentation.
5. Each hearing shall be allotted such time as the Chairperson deems to be necessary
to allow for a full debate. In situations where the Chairperson deems it to be
appropriate, file public hearing shall be limited to 20 minutes.
G. Members of the Board who are hearing the case may direct appropriate questions
to all parties during the hearing.
ARTICLE IV. DISPOSITION BY THE BOARD
1. Voting Requirement
The concurring vote of at least four(4) members of the Zoning Board of Appeals shall be
necessary in any action taken by the Board.
The record shall show the vote of each member upon each question or, if absent or failing to
vote, indicate such fact. It shall, in addition, set forth clearly the reason or reasons for its
decisions.
The order in which the roll call is taken for voting shall be systematically alternated so as not
to have the same voting order of members on each petition.
2. Withdrawal
An application may be withdrawn by notice in writing to the Secretary at any time prior to
the publication of a notice of public hearing thereon. Thereafter a petition may be withdrawn
only with the approval of the Board. In the event that any petitioner chooses to withdraw a
petition after it has been advertised, for any reason, he shall be required to pay all expenses
relating to re-publishing of notices.
3. Reconsideration
Once a petition has been voted upon and the meeting adjourned; there shall be no
reconsideration of decision of the Board.
4. Continuance
The Board may choose to continue a ease to a date and time certain provided that the date
and time of continuance is announced at each public hearing and the statutory time limits are
followed.
CITY OF SALD11 f3(L'.RD OF.APPEALS
RULU AND RI G1,:t A FiONS- P:\Gc 5
M 0'
3. Reapplication
No appeal, application or petition which was denied by the Board shall be acted favorably
upon within two (2) years after the date of final unfavorable action unless the Board finds by
a vote of four(4) members that there are specific and material changes in the conditions upon
which the unfavorable action was based and unless all but one of the members for the
Planning Board consents thereto and after notice is given to parties of interest of the time and
place of the proceeding which the question of such consent will be considered. (See Mass.
General Laws, Chapter 40A, Section 16).
General Laws: CHAPTER 140, Section 57 Page 1 of 1
Print
PART I ADMINISTRATION OF THE GOVERNMENT
(Chapters 1 through 182)
TITLE XX PUBLIC SAFETY AND GOOD ORDER
CHAPTER 140 LICENSES
i Section 57 Sale of second hand vehicles necessity of license exceptions auctions reports
Section 57. No person, except one whose principal business is the manufacture and sale of new motor
vehicles but who incidentally acquires and sells second hand vehicles, or a person whose principal
business is financing the purchase of or insuring motor vehicles but who incidentally acquires and sells
second hand vehicles, shall engage in the business of buying, selling, exchanging or assembling second
hand motor vehicles or parts thereof orallow any property under his control to be used as a place of sale
or display of motor vehicles without securing a license as providing in section fifty-nine. This section shall
apply to any person engaged in the business of conducting auctions for the sale of motor vehicles, and to
any person engaged in the business of leasing or renting motor vehicles and who, as an incident to such
business, sells or offers to sell any such lease or rental vehicle to the public. All sales of second-hand
motor vehicles or parts thereof made by any person referred to in this section shall be reported weekly to
the registrar of motor vehicles on such forms as may be prescribed by him.
MUM 3
littr)://www.mate lslatut-e.gov/i ,-,i,wS/(fe,ner;i}f.,qwslPnrtllTitiF:XXX"hnntprId I�151�nt �
General Laws: CHAPTER 140, Section 58 Pagel of 3
All Print
PART I ADMINISTRATION OF THE GOVERNMENT
(Chapters 1 through 182)
TITLE XX PUBLIC SAFETY AND GOOD ORDER '—_..______—__.....—._ _ ..._._.
CHAPTER 148 LICENSES
Section 58 Classes
Section 58. (a) Licenses granted under sections 59 and 59A shall be classified in accordance with
subsections (b) to (d), inclusive.
(b) Class 1. Any person who is a recognized agent of a motor vehicle manufacturer or a seller of motor
vehicles made by such manufacturer whose authority to sell the same is created by a written contract with
such manufacturer or with some person authorized in writing by such manufacturer to enter into such
contract, and whose principal business is the sale of new motor vehicles, the purchase and sale of second
hand motor vehicles being incidental or secondary thereto, may be granted an agent's or a seller's license;
provided, that with respect to second hand motor vehicles purchased for the purpose of sale or exchange
and not taken in trade for new motor vehicles, such dealer shall be subject to all provisions of this chapter
applicable to holders of licenses of Class 2, except subsection (c), and to rules and regulations made
under those provisions; and provided further, that such dealer maintains or demonstrates access to repair
facilities sufficient to enable him to satisfy the warranty repair obligations imposed by section 781/4 of
chapter 90, and shall remain liable for all warranty repairs made and other obligations imposed by said
section 7N1l4 of said chapter 90.
(c) Class 2. A person whose principal business is the buying or selling of second hand motor vehicles, a
person who purchases and displays second hand motor vehicles for resale in retail transactions, and any
other person who displays second hand motor vehicles not awned by him pursuant to an agreement in
which he receives compensation, whether solely for displaying the vehicles, upon the sale of each vehicle,
or otherwise, may be granted a used car dealer's license and shall be subject to the following conditions:
(1) The person shall obtain a bond, or equivalent proof of financial responsibility as described in paragraph
(5), and continue in effect a surety bond or other equivalent proof of financial responsibility satisfactory to
the municipal licensing authority in the amount of $25,000 executed by a surety company authorized by the
insurance department to transact business in the commonwealth. The bond or its equivalent shall be for
the benefit of a person who purchases a vehicle from a Class 2 licensee, and who suffers loss on account
of:-
(I) the dealer's default or nonpayment of valid bank drafts, including checks drawn by the dealer for the
purchase of motor vehicles,
(ii) the dealer's failure to deliver, in conjunction with the sale of a motor vehicle, a valid motor vehicle title
certificate free and clear of any prior owner's interests and all liens except a lien created by or expressly
assumed in writing by the buyer of the vehicle;
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General Laws: CHAPTER 140, Section 58 Page 2 of 3
(iii) the fact that the motor vehicle purchased from the dealer was a stolen vehicle;
(iv) the dealer's failure to disclose the vehicle's actual mileage at the time of sale;
(v) the dealer's unfair and deceptive acts or practices, misrepresentations, failure to disclose material facts
or failure to honor a warranty claim or arbitration order in a retail transaction; or
(vi) the dealer's failure to pay off a lien on a vehicle traded in as part of a transaction to purchase a vehicle
when the dealer had assumed the obligation to pay off the lien.
(2) Recovery against the bond or its equivalent may be made by any person who obtains a final judgment
in a court of competent jurisdiction against the dealer for an act or omission on which the bond is
conditioned if the act or omission occurred during the term of the bond. Every bond shall also provide that
no suit may be maintained to enforce any liability on the bond unless brought within 1 year after the event
giving rise to the cause of action.
(3) The bond or its equivalent shall cover only those acts and omissions described in clauses (i) to (vi),
inclusive, of paragraph (1). The surety on a bond shall not be liable for total claims in excess of the bond
amount, regardless of the number of claims made against the bond or the number of years the bond
remained in force.
(4) A separate bond shall be required for each different name under which the dealer conducts his
business and for each city or town in which the dealer has a place of business.
(5) In lieu of the bond required by this section, the municipal licensing authority may allow the dealer to
deposit collateral in the form of a certificate of deposit or irrevocable letter of credit, as authorized by the
banking laws of the commonwealth, which has a face value equal to the amount of the bond otherwise
required. The collateral may be deposited with or executed through any authorized state depository
designated by the commissioner. Interest on the certificate of deposit shall be payable to the dealer who
has deposited it as collateral, or to a person as the dealer or the certificate may direct.
(6) A surety shall provide to the municipal licensing authority notice of cancellation of the bond within 30
days of the cancellation.
(7) Upon receipt of notification from a surety that a bond has been cancelled, the municipal licensing
authority shall notify the licensee that he has 10 days to comply with the bonding requirement. If the
licensee does not comply within the 10 day period, the municipal licensing authority shall revoke the Class
2 license and shall notify the registrar who shall suspend or revoke any dealer plate issued to the licensee
pursuant to section 5 of chapter 90.
(8) A municipal licensing authority shall not issue or renew a Class 2 license unless it is satisfied that a
bond or equivalent proof of financial responsibility meeting the requirements of this section is in effect
during the term under which the license shall be issued or renewed, and that the licensee maintains or
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` General Laws: CHAPTER 140, Section 58 Page 3 of 3
demonstrates access to repair facilities sufficient to enable him to satisfy the warranty repair obligations
imposed by section 7N114 of chapter 90. A used car dealer shall remain liable for all warranty repairs made
and other obligations imposed by said section 7N114 of said chapter 90.
(d) Class 3. A person whose principal business is the buying of second hand motor vehicles for the
purpose of remodeling, taking apart or rebuilding and selling the same, or the buying or selling of parts of
second hand motor vehicles or tires, or the assembling of second hand motor vehicle parts may be granted
a motor vehicle junk license.
(e) The registrar of motor vehicles, after consulting the office of consumer affairs and business regulation,
shall adopt rules and regulations defining sufficient repair facilities for the purposes of subsection (b) and
paragraph (8) of subsection (c).
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General Laws: CHAPTER 140, Section 59 Page 1 of 1
Print
PART I ADMINISTRATION OF THE GOVERNMENT
(Chapters 1 through 182)
TITLE XX PUBLIC SAFETY AND GOOD ORDER
CHAPTER 140 LICENSES
Section 59 Licensing authorities, expiration, fees: application, prerequisites; premises; ordinance regulations;
revocation; notice
Section 59. The police commissioner in Boston and the licensing authorities in other cities and towns may
grant licenses under this section which shall expire on January first following the date of issue unless
sooner revoked. The fees for the licenses shall be fixed by the licensing board or officer, but in no event
shall any such fee be greater than $200. Application for license shall be made in such form as shall be
approved by the registrar of motor vehicles, in sections fifty-nine to sixty-six, inclusive, called the registrar,
and if the applicant has not held a license in the year prior to such application, such application shall be
made in duplicate, which duplicate shall be filed with the registrar. No such license shall be granted unless
the licensing board or officer is satisfied from an investigation of the facts stated in the application and any
other information which they may require of the applicant, that he is a proper person to engage in the
business specified in section fifty-eight in the classifications for which he has applied, that said business is
or will be his principal business, and that he has available a place of business suitable for the purpose. The
license shall specify all the premises to be occupied by the licensee for the purpose of carrying on the
licensed business. Permits for a change of situation of the licensed premises or for additions thereto may
be granted at any time by the licensing board or officer in writing, a copy of which shall be attached to the
license. Cities and towns by ordinance or by-law may regulate the situation of the premises of licensees
within class 3 as defined in section fifty-eight, and all licenses and permits issued hereunder to persons
within said class 3 shall be subject to the provisions of ordinances and by-laws which are hereby
authorized to be made. No original license or permit shall be issued hereunder to a person within said
class 3 until after a hearing, of which seven days' notice shall have been given to the owners of the
property abutting on the premises where such license or permit is proposed to be exercised. Except in the
city of Boston, the licensing board or officer may, in its discretion, waive the annual hearing for renewal of a
class 3 license. All licenses granted under this section shall be revoked by the licensing board or officer if it
appears, after hearing, that the licensee is not complying with sections fifty-seven to sixty-nine, inclusive, or
the rules and regulations made thereunder; and no new license shall be granted to Such person thereafter,
nor to any person for use on the same premises, without the approval of the registrar. The hearing may be
dispensed with if the registrar notifies the licensing board or officer that a licensee is not so complying. In
each case where such license is revoked, the licensing board or officer shall forthwith notify the registrar of
such revocation. Any person aggrieved by any action of the licensing board or officer refusing to grant, or
revoking a license for any cause may, within ten days after such action, appeal therefrom to any justice of
the superior court in the county in which the premises sought to be occupied under the license or permit
applied for are located. The justice shall, after such notice to the parties as he deems reasonable, give a
summary hearing on such appeal, and shall have jurisdiction in equity to review all questions of fact or law
and may affirm or reverse the decision of the board or officer and may make any appropriate decree. The
parties shall have all rights of appeal as in other cases.
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CITY OF SALEM,MASSACHUSETTS
LICENSING BOARD
93 WASHINGTON STREET 2^d FLOOR
5 SALEM,MA 01970 ROBERT M.ST.PIERRE,CHAIRMAN
TEL. 978-745-9595 EXT. 5631 JOHN H.CASEY
FAX 978-744-1279 RICHARD C.LEE
KIMBERLEY DRISCOLL
MAYOR MELISSA PAGLIARO,
CLERK OF THE BOARD
Meeting: Salem Licensing Board was held Monday,June 11, 2012 at 6:00 pni in the third floor conference
room, 120 Washington Street. Present were members Robert St. Pierre, Chairman and John Casey,
Rick Lee, Investigator for the Board,Peter Bagliopi and Melissa Pagliaro, Clerk. City Solicitor
Elizabeth Rennard was also present. (Recorder was not working at this meeting)
Approved: Vote to approve the voluntary surrender of the Annual Wine & Malt Liquor License for Upper
Crust Pizza, 118 Washington Street, through their attorney Chad Colarusso.
Mr. Casey motioned to approve the surrender of the License.
Mr. Lee seconded.
Mr. St. Pierre said all are in favor and the motion carries.
Approved: Application for One Day Liquor and Entertainment License. Applicant: Diane Manahan for Salem
Boys and Girls Club for fundraising event.
Ms. Manahan said that the Clubs music program is running out of money. She said the plan is to
have an event on the roof of the S. Harbor garage. Some acts will perform hoola hooping, martial
arts, etc. and the tickets will be sold for$20.00.
Mr. Casey said he has an issue with that might create in the evening hours.
Ms. Manahan said that the music will be ambient.
Mr. Casey asked if they could end by l Opm and how that would impact the event.
Ms. Stathopolous from Crown Haven said that the neighborhood is noisy every Saturday night
anyway and that there are really no neighbors at that section of Derby Street.
Mr. Casey suggested that Ms. Manahan talk to the building and Fire departments and some of the
neighbors and come back to the LB on the 9h of July.
Mr. St. Pierre said he thinks the LB could approve it contingent upon her meeting with those
departments and ending the event at 10pm:
Ms. Manahan said the other involved in planning the event should be ok with that.
Mr. Lee asked how many people they thought would attend.
Ms. Manahan said she was not sure and said asked about specific insurance because it is on the
rooftop.
Ms. Rennard said that would be correct.
Mr. Casey motioned to approve contingent upon the above conditions and Ms. Manahan providing
Ms. Pagliaro with something in writing about those meetings.
Mr. Lee seconded.
Mr. St. Pierre said all are in favor and the motion carries.
Approved: Application for(2)Two One Day Entertainment License. Applicant: St. Vasilios Church. Present:
Pam Kaseris.
Ms. Kaseris said that this is for the 2nd Annual Greek Family Picnic at Winter Island. She said they
are all set with the police detail and they will be serving beer& wine.
EXHIBIT 4
tw
CITY OF SALEM,MASSACHUSETTS
�" LICENSING BOARD
3 93 WASHINGTON STREET 2-d FLOOR
`'I �o SALEM,MA 01970 ROBERT M.ST.PIERRE,CHAIRMAN
poi TEL. 978-745-9595 EXT.5631 JOHN H.CASEY
n�nx
FAX 978-744-1279 RICHARD C.LEE
KIMBERLEY DRISCOLL
MAYOR MELISSA PAGLIARO,
CLERKOF THE BOARD
Mr. Casey said he can certainly understand the neighbors' concerns. He said maybe the Board can
help some concerns with and earlier closing time.
Mr. Mattera asked if the Board was asking him to redesign the restaurant.
Mr. Lee said that was an opinion.
Mr. St. Pierre said there is no further discussion on this matter this evening and that Mr. Mattera
can come back to the next meeting scheduled in July.
Approved: Application for a Common Victuallers License. Applicant: Ken Santiano and Richard Savrann,
owners.
Mr. Savrann said that the menu is staying the same and there may be some small changes as they
go along.
Mr. Casey said it looks like all of the paperwork is in order and asked them to talk about the hours
and days.
Mr. Savrann said that the current hours are l lam-10pm but they would like to do 6am-10pm 7
days a week.
Mr. Casey motioned to approve with the new hours.
Mr. Lee seconded
Mr. St. Pierre said all are in favor and the motion carries.
Approved: Application for a Class II Auto Dealers License. Applicant: Salter Motor Sports, 7 Florence Street.
Present: Robert Salter,owner and Attorney Joe Correnti.
Mr. Casey asked Mr. Salter to tell the Board about the business.
Mr. Salter said that the business is now repair and storage.
Mr. Casey said that he is allowed to sell up to 4 vehicles a year without a license.
Mr. Salter said he needs the license so he can get dealers plates so people can take the cars out on
test drives.
Mr. Casey asked where he will be storing the cars.
Mr. Salter said that he can fit up to 6 cars in the building.
Mr. Casey asked if there was a certified engineering plan.
Mr. Correnti said there is a plot plan.
Mr. St. Pierre asked if there was a big lot.
Mr. Casey pointed out that under MGL Chapter 140, a Class Ii license must be issued for the
primary business of selling used vehicles not a repair shop selling them.
Mr. Correnti said the idea of this is that he is selling classic autos. He said he acquires them from
around the.country and restores them and sells them. He said he needs the dealer's plates to take
the cars out on the road. He said that there will no cars left outside and this is his principle
business.
Mr. St. Pierre asked what types of vehicles.
Mr. Salter said they are high end classic vehicles that range from 35,000 to 55,000 dollars.
Mr. Correnti said that it is a boutique business.
CITY OF SALEM,MASSACHUSETTS
LICENSING BOARD
93 WASHINGTON STREET 2^d FLOOR
!r SALEM,MA 01970 ROBERT M.ST.PIERRE,CHAIRMAN
r TEL. 978-745-9595 EXT. 5631 JOHN H.CASEY
FAX 978-744-1279 RICHARD C.LEE
KIMBERLEY DRISCOLL
MAYOR MELISSA PAGLIARO,
CLERK OF THE BOARD
Mr. Slater said without the plated there is no safe ort legal way for the customers to drive the
vehicles.
Mr. St. Pierre said he believes that some neighbors would like to speak.
Mr. Patrick Higgins said that his mother is an abutter who lives on Cedar Street. He said that a
couple of years ago the owners of the property were allowed to build a commercial use building.
He said that the use of the building was stipulated in the variance and that in the R2 Auto dealers
are not allowed. He said the neighbors will try to work with them but that this was done in bad
taste. He said as it is now the previous stipulations were not met.
Mr. Correnti said he is aware of the issues. He said that they had a meeting with the Building
Inspector and that they would be happy to meet with the neighbors. IIe said it is true that two
owners ago never finished the conditions imposed. He said he has spoken with zoning twice on
these issues.
Mr. Higgins said the bottom line is that an Auto Dealer is not allowed in that zone.
Mr. Correnti said that he has a letter from the zoning officer. He said he does not feel that it is
appropriate for the Licensing Board not to issue.
Ms. Rennard said that the license can be entertained and conditions can be placed, based upon the
the zoning enforcement officers letter.
Mrs. Higgins said some of her concerns were about the delivery of the vehicles, noise, fumes and
hours and days.
Mr. Higgins said the-current hours of operation sign says 8am-5pm.
Mr. Salter said that he will be doing a lot of the business on line. He said the repair will remain 9-5
Monday thru Friday and that people will be calling to make appointments to come see and drive
the cars.
Mr. Higgins said that no one spoke to any of the abutters about this. He also talked about grinding
metal which goes airborne.
Mr. Correnti said there will not be any paint booths.
Mr. Casey said he was by there on Saturday and that Unit#4 had a strong odor coming from
whatever they were doing.
Mr. St. Pierre said that he thinks the Board should follow the advice of the city Solicitor.
Mr. Lee said that he motioned to approve the application contingent upon a letter from the zoning
officer.
Mr. Casey said he second s the motion and that the license will be limited to 6 cars.
Mr. St. Pierre said all are in favor and the motion carries.
Discussion: Street performers Rules& Regulations. Ms. Rennard said that she is working on combing the
applications with the regulations. She asked to continue the discussion to the next meeting.
Commun-
ications: *Email from Councilor Sosnowski regarding 10 Howard Street
Mr. St. Pierre said that it would be looked into when Detective Baglioni gets back from vacation.
*Email regarding loud music at the howling Wolf Taqueria
t '
CITY OF SALEM,MASSACHUSETTS
LICENSliNG BOARD
93 WASHINGTON STREET 2.d FLOOR
SALEM,MA 01970 ROBERT M.Sr.PIERRE,CHAIRMAN
TEL. 978-745-9595 EXT.5631
JOHN H.CASEY
FAX 978-744-1279 RICHARD C.LEE
KIMBERLEY DRISCOLL
MAYOR MELISSA PAGLIARO,
CLERK OF THE BOARD
*Autos being sold a t 171 Boston Street.
Mr. St. Pierre said that Detective Baglioni would check on this as well.
Old/New:
Business: NONE
Approved: Minutes from 5/14/2012 meeting.
Mr. Lee motioned to approve.
Mr. Casey seconded.
Mr. St.Pierre said all are in favor and the motion carried.
Adjourn-
ment: Mr. Lee motioned to adjourn.
Mr. Casey seconded.
Respectfully Submitted,
Melissa Pagliaro
Clerk of the Board
Submitted: June 14, 2012
Approved: 0'24—&l f 7 26!2
t
08/08/2012 13:40 9787418509 THE LPS STORE PAGE 02/06
T14E COMMONWEALTH OF MASSACHUSETTS NUMBER 26.12
7 m FRE $100
CITY OF SALUM
CAR CLASS IT.,
J' e r`a�7 C _ q
TO BUY AT) SELL SECONn TJA.NU MOTOR VEHIC1,138
In accordance with the provisions of Chapter 14C of the Gcneral.Laws with amendments
I'hcreto: SALTER MOTOR SPORTS,.LLC
is acrcby licensed to buy and sell Second-hand motor vehicles at No. 7 FLORENCE STREET
SAL.RM, AIA. 01970
On promises described as follows: 3,600 SQ FT BLDG WITH 3,000 SQ FT DEDICATED TOPREPA.RING AND
SHOWING CLA:4STC CARS. 15'X15',ME7_ZANINE OFFICE LOCATED WITITIN THE BUTLOING.
THERT WILL BE NO OVERNIGHT OUTDOOR STORAGE OF VEHICLES.
G VEMCLES INSIDE-.ROBERT F. SALTER a "
1-1 MNSING 130AR
TSSCCCD —JC 1 11 2012
THIS LICENSE MUST BE POSTED IN A CONSPICUOUS PLACE UPON THE PREMISES.
THIS LICENSE EXPtRE5 DECEMBER 31,2012
V
EXHIBIT 5
2011016152
FILED
DOMESTIC LIMITED LIABILITY COMPANY
2011 ANNUAL REPORT JUN O !C
2011
SALTER MOTOR SPORTS,LLC SHRITA9T O1 THE C01M089EAIIO
CORPORATIO88 010!8!88
Fid#27-0343564
The undersigned, being authorized to execute and file this Annual Report under
the laws of the Commonwealth of Massachusetts,hereby certifies as follows:
I. Name of the Company. The name of the limited liability company (the
"Company")is Salter Motor Sports,LLC.
2. Office of the Company. The address of the office of the Company at which its
records will be maintained is 17 Meadow Street,Salem,Massachusetts 01970.
3. Business of the Company. The general character of the business of the LLC is to
engage in the ur�che anif sale, repairs, an a orage 0 motor ve rc es; an to
engage in any activities dircctl or r ectl re ate or incl en t tereto; and to
engage in any Vier activity in which a limited liabi company organized u&der
e taws of the CommonweaTtli of Massachusetts may lawfully engage.
4. Date of Dissolution. The LLC is to have no specific date of dissolution.
5. Agent for Services of process. The name and business address of the agent for
service of process is Robert F. Salter, 52 Littles Point Road, Swampscott,
Massachusetts 01907.
6. Manager. The name and business address of the Manager is Robert F. Salter, 52
Littles Point Road,Swampscott,Massachusetts 01907,
7. Execution of Documents. The name and business address of the member of the
LLC authorized to execute on behalf of the LLC any documents to be filed with
the Secretary of the Commonwealth of Massachusetts is Robert F. Salter, 52
Littles Point Road,Swampscott,Massachusetts 01907.
g. Execution of Recordable Instruments. The name and business address of of the
member of the LLC authorized to execute, acknowledge, deliver and record any
recordable instrument purporting to affect an interest in real property,is Robert F.
Salter,52 Littles Point Road,Swampscott,Massachusetts 01907.
IN WITNESS WHE�FiEOF,we hav geed this Annual Report and acknowledge it to be
our free act this�_��,day of 20//.
SALTER MO OTS,LLC
,1
G� ) & 0 � liy FILED
CERTIFICATE OF AMENDMENTAN�7
TO REGISTRATION
OFSALTER MOTOR SPORTS, LLC
REGISTERED PROFESSIONAL LIMITED LIABILITY_COMPANY
1. The federal employer identification number of the registered professional
limited liability company is 27-0343564.
2. The name of the registered professional limited liability company is Salter
Motor Sports, LLC.
3. The date of filing of the original Certificate of Organization is June 12, 2009.
4, The Manager of the limited liability company is Robert F. Salter of 52 Littles i
Point Road, Swampscott, Massachusetts 01907.
5. The name and business address of the person authorized to execute
documents to be filed with the Corporations Division is: Robert F. Salter, 52
Littles Point Road, Swampscott, Massachusetts 01907.
5. The name and business address of the person authorized to execute,
acknowledge, deliver and record any recordable instrument purporting to
effect any interest in real property, whether to be filed with the registry of
deeds or a district office of the land court, if any, is: Robert F. Salter, 52
Littles Point Road, Swampscott, Massachusetts 01907,
6. The street address of the registered limited liability company's principal
office at which its records will be maintained in the Commonwealth of
Massachusetts is 17 Meadow Street, Salem, Massachusetts 01970, and is
hereby amended to 7.Florence Street, Salem, Massachusetts 01970.
This Amendment to Registration is to become effective immediately, as
executed by the undersigned Manager. By such execution, the Manager hereby
affirms, under the penalties of perjury,that the facts stated herein are true.
Salter Motor Sports, LLC
f
Date: January 11, 2012 By:
obert ai er, Manager
Duly authorized
1
Citp of Tatem, Alazzarbuatto
!IT'( ors a
CLERK'S pF fF C£A
�3oarb of appeal pp
2001121$00$04 0kAW2 Pg:144
12/11/2901 Q.99 00 OTWP Pe 109
�y I
f DECISION OF THE PETITION OF C & G REALTY LLC/CHERRY ST. REALTY
ASSOCIATES REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 8 &
10 CHERRY STREET AND 12- 14 CHERRY STREET R2
I
s
A hearing on this petition was held April 25, 2001 with the following Board Members I
present: Nina Cohen, Chairman, Richard Dionne, Stephen Buczko, Stephen Harris and
James Hacker. 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 i
Massachusetts General Laws Chapter 40A.
The petitioner is requesting Variances from uensity and building per lot to subdivide land (l
and a Variance to allow commercial use for the property located at 8-10 Cherry Street
and 12-14 Cherry Street.
The Variances, which have been requested, may be granted upon a finding by this
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
structure involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
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 of the
purpose 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 fact:
1. Petitioner owns adjacent properties on Cherry Street. In his petition petitioner seeks
to subdivide these properties to create a new lut and to construct a ne::•building on
the rear portion of the property, with frontage on Florence St.
2. Existing residential properties on the Cherry St-lots would not be altered. However,
the creation of the new lot increases certain nonconforming features of the existing
properties. With respect to the 12-14 Cherry St. property, petitioner seeks these
variances: total areal 2,347 sf, lot area per unit 1543 sf,frontage 66.37 ft,front
setback 6.69 ft., side setback 4.67 and rear yard setback 17.31 ft, height of building 3
DECISION OF THE PETITION OF C & G REALTY LLC/CHERRY ST. REALTY ASSOC.
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 8-10 CHERRY
STREET AND 12-14 CHERRY STREET R-2.
RONAN, SEGAL & HARRINGTON
59 FEDERAL ST.
SALEM,MA 01970
EXHIBIT 6
2801121880884 Bk:18082 Ag:145
s
12116/2001 13:39 00 OTHER PQ 219
DECISION OF THE PETITION OF C & G REALTY LLCICHERRY ST. REALTY ASSOC.
,,,----,,,REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 8-10 CHERRY
Ug ET AND 12-14 CHERRY STREET R-2.
(? age two
U
stories. In addition, petitioner seeks a variance to allow two principal buildings on
Z' one lot.
3. As to the property at 8-10 Cherry St, petitioner seeks variances from area to 12,171
i sf, lot area of 1,520 per unit, frontage 64.86 ft, front 7.59, side 8.08 and rear yard
setback 15.50 requirements and from building height to 3 stories.
vCi% 4. On the proposed new lot petitioner seeks a variance to construct a 3900 sf building
b in which to house an =14gwarehouse to a=Lstruction cam an . Petitioner
seaTs a variance for the pr000c d r e, and also for lot area and rear yard setback
requirements. The proposed building would conform to the ordinance's requirements
in all other respects.
5. Through his Attorney George Atkins 111, petitioner conferred with abutters and
neighbors regarding his proposal, which was initially brought before petitioners
request until the April meeting.
6. Several neighbors expressed strongly held concerns about the current condition of
the lot, which is wooded and has become trash filled and derelict. In the interest of
allowing the proposed improvementg_to take place these neighbors offered_
conditional support for the etttionrovided that the petitioner would undertake to
fence off the residential areas from the pro osed gommercial lot,and provided that a
landscaped buffer would be reated an maintained o,�r their properfies and
petitioner's to fgte a visual and auditory screenhetwee�_n the „_neighbors and the
$ . ro osed business.To this end, neighbors createdfour-page Pian of Con012s
ssetttnotihconditions under whic the would ro I ose
eetitiory and they draw up a Landscaping Plan, dated 4123101,setting forth the type
and location of plantings that would form a landscape buffer between the residential
and commercial portions of the properties. Petitioner revieweJ the Plan of
Conditions and the Landscape Plan prior to atten mg the meeting of the Zoning
Board of Appeal, and agreed to accept each of the conditions set forth in these
documents. which are incorporate Uy—reference as i rt of
the Board's decision in this case.
7. Among the neighbors who spoke at these meeting were Vincent Higgins of 20
Cedar St, and his daughter Michelle McNaught Higgins, Ann Marie Sobotka of 44
Cedar St., Greg Booth of 15 Porter St., Patrick Higgins,Tish O'Brian of 21 Cedar St.,
Louise Robinson of 24 Cedar St. and Nestor Gruilon of 14 Porter Street.
On the basis of the above findings of fact, and on, the evidence presented at the
hearing, the Zoning Board of Appeal concludes as follows
1. Special conditions exist which especially affect the subject prop" but not the
district in general.
i
2001121880864 Bk:JM2 9g:146
12Jt@1200+ 13.39 00 OTHER 09 319
DECISION OF THE PETITION OF C &G REALTY LLC/CHERRY ST. REALTY ASSOC.
REOLIESTING A VARIANCE FOR THE PROPERTY LOCATED AT 8.10 CHERRY ST,
AND 12-14 CHERRY STREET R-2
page three
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
3. Desirable relief 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 5-0, to grant the Variances requested,
subject to the following conditions;
t. Petitioner shall comply with all city and state statures, ordinances, codes and
regulations.
2. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
All construction shall be done as per the plans and dimensions submitted.
4. Petitioner shall obtain a building permit prior to beginning any construction.
(9 A Certificate of Occupancy shall be obtained.
8. Exterior finishes of the new construction shalt be in harmony with the existing
construction.
7. Petitioner is to obtain approval from any City Boards or Commission having
jurisdiction including, but not limited to, the Planning Board.
Petitioner shall install landscape buffer area on his own property and that of abutters,
as specified in the attached Landscape Plan, dated 4/25101.
Petitioner shalt Install landscape buffer as specified in the attached Pian of
Conditions submitted 4125101.
Variance Granted % /7,
April 25, 2001
cel: 1
Nina Cohen, Chairman
Board of Appeal
2001121880804 RAM Pq 141
12110,2001 13:39'00 OTHER R9 419
DECISION OF THE PETITION C& G REALTY LLCICHERRY S. REALTY ASSOC.
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 5-10 CHERRY ST.
AND 12-14 CHERRY STREET R-2
page four
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 the
Massachusetts General Laws 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
Massachusetts General Laws Chapter 40A, Section 11.The Variance or Special
Permit granted herein shall not take effect until a copy of the decision bearing the
certificate of the City Clerk that 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. 4(1
Board of Appeal
JUN g 2DO1
I Nreby ouft#W120 dty s hm e*md
from this date this Insh ntettt wo rmcelved,
end that NO APPEAL has been filed In this
Office.
A True Comal4��?,�L
ATTESTCITY CLERK, Salem, Mass.
rhe U
RE: PETITION OF C & G REALITY LLCICHERRY STREET REALTY ASSOCIATI ;
LLC REQUESTING VARIANCES TO CREATE A THIRD PARCEL ON FLORENCE-
STREET -
CONDITIONS
2001121800804 HIM P9,148
Conditions During Construction 12118/7001 0 39 00 OTHER a9 5t9
-20 Cedar Street Existing chain link fence to remain. The 6' high cedar stockade fen,::
will be placed on#16 Cherry Street (Multi family dwelling) property.
-24 and 36 Cedar Street — Existing chain link fence is to be removed and replaced n„ 1
the 6' high cedar stockade fence.
-20, 24 and 36 Cedar Stmt — The posts of the cedar stockade fence are to be placer t
facing #16 Cherry Street (the multi family dwelling) and the proposed commerc,i. I
building. The architectural side of the fence is to face 20, 24 and 36 Cedar Street.
-24 Cedar Street—Existing hedge to remain,
-The 6' cedar stockade fence is to have the following shape on the top of the fence:
,
� I iI
-Cedar stockade fence is to be placed in stable soil. This will require the hinge of ti.,,
existing slope to be reworked.
-15 Porter Street—The stockade fence needs to be added (if not there already) from t .i,
comer of the 6 bay garages to the house at 15 Porter Street.
-Hydroseed mix to be determined. Mix should be used to attempt to stabilize t+
existing and proposed slopes.
All proposed trees are to be mature, 10' tall trees.
All shrubs are to be mature shrubs.
-Final placement of all trees, shrubs and mulch lines are to be verified with the propel
owners of 20, 24 and 36 Cedar Street.
2601121800804 SH8062 Pg:149 2
12/1612001 13:39:00 OTHER Pg 619
-Order of work—
1. 6' cedar stockade fence is to be installed prior to start of work on fl e
proposed building,
2. Trees, shrubs and mulch are to be installed within the fenced in yards of . ),
24 and 36 Cedar Street.
3. As soon as the slopes at 24 and 36 Cedar Street have been regraded tl e
slope is to be hydroseeded within 7 days.
Clean up—
1. Debris, waste material and scrap shall be removed by the Contractor from i,
24 and 36 Cedar Street on a daily basis.
2. Upon completion of the work at 20, 24 and 36 Cedar Street the Contrac-,it
shall remove all equipment, rubbish and waste material in the area that h-s
been worked and shall leave the premises and the work performed all in ne .,t
and proper condition.
- Hoursof operation
1. Work is restricted at 20, 24 and 36 Cedar Street to the hours of 8:00 am to
5:00 pm, Monday to Friday.
2. No work shall be done on Saturdays, Sundays or Holidays.
3. At the end of each working day(including prior to the weekend),the contraci;K
shall ensure that the properties have a working fence line even if a tempos,j y
fence needs to be installed.
- Dust Control
1. The Contractor shall maintain a systematic method of dust control at all btr,.:s
during Construction.
- Pre Construction Meeting
1.. The Contractor shall set up and attend with the property owners of 20, 24 a. 1
36 Cedar Streets a pre construction meeting.
2. The meeting is to include a site walk and address start dates of construction ,
schedule layout areas and.all issues regarding construction.
3. The meeting shall be held no less than 1 week prior to start of any
construction, delivery or storage of materials or equipment, or any work o)
site.
- Plantings at 20, 24 and 36 Cedar Street
1. All plants provided and installed shall be individually tagged prior to digging.
2. Property owners at 20, 24 and 36 Cedar Street to inspect trees and shru 1 i
before they are installed on their property. If the property owner(s) at.
dissatisfied with the condition of the planting(s) the Contractor shall replac>.
the tree(s) and shrub(s) in question immediately.
2001121800$04 Bk;1$062 Pg;150
t2f58t2001 13 34 00 OTHER Pp 119 3
3. Ali trees and shrubs shall be planted within 5 days of arrival on site or sh.r11
not be used.
4. Container grown shrubs stored on site shall be shaded from direct sunlight 3t
all times and shall not be stored on paved surfaces.
5. Plant pits shall be excavated according to industry standards.
6. Planting soil mix shall be provided.
7. Loosen the perimeter roots on the rootball of all container plants prioi o
planting.
8. Remove plants from their containers immediately before planting.
9. Handle plants carefully to prevent damaging roots. �$
10. Place each plant in an individual hole and firm the loam around the roots.
11. Water thoroughly and mulch. #
12. fertilizer tablets should be added after the plant has been placed in the hole.
13. All plants shall be watered immediately following planting.
14. Contractor to maintain all new plantings for 60 days following the cornpielt-n
of all plantings on the individual properties of 20, 24 and 36 Cedar Stns t.
Maintenance of the new plan#ngs will consist of keeping the plants in a
healthy gnawing condition. This is to include watering and anything else
necessary to keep the plants healthy.
15. The contractor shall remove plants that die during the 60-day maintenaw.e
period within one week of receiving notification from the property ow (!r
during the growing season.
16. All trees and shrubs at 20, 24 and 36 Cedar Street shall be warranted by fre
Contractor for a period of 1 year. Plants found to be unacceptable by f`e
property owners of 20, 24, and 36 Cedar Street shall be promptly remov d
from the site and replaced immediately if during the growing season or Buri g
the next normal growing season.
Reference and attach plan indicating agreed upon items. Number of planting
• The construction conditions must reference the agreed upon site plan including t-e
date.
4
2601121800694 RAW W P9 151
t2Jt8/2085 13:39:ee OTHER Pa 019
Permanent Conditions
-Tree Damage on Developer's property
1. Arty of the treea, that'are proposed or are to remain located on llie
developers properties:
a. Which become damaged must have corrective maintenanne
action taken immediately.
t�
Broken limbs shall be pruned according to industry standards.
o Trees that are damaged irreparably must be replaced by rl4e
Contractor with mature trees of the same type or similar which
are at least 10' tall. The trees will be replaced within 30 days of
being notBied.
�d If the existing willow tree (that is to remain) located at#16 Che:y
Street is damaged irreparably the tree must be replaced with 1
mature. 10' Little Led Linden and 1 mature- 10' Canaown
Hemlock
All new trees shall be spaced 12'-15'oa center.
-Stockade Fence an Developer's property
1. Fence is to be maint lned in good working condition. Repairs to Hre
fencing will be mads Immediately upon notification that repairs we
necessary.This will Include but Is not limited to removing graffiti.
Z if the fence is need of replacement the fence shall be replaced with lite
same type thstwas agreed upon in the conditions during construction.
- The permanent conditions must reference the.agreed upon site plan Inciudis,g
the date.
�� � �l��IIIIIIIIIIIIIIIlIIIlII��IIIlill�lll�l
2611072900166 B00558 Pg:46
0772412011 10:44 DEED Pe Ili
MASSACHUSETTS QUITCLAIM DEED
Benny J. Fisheries Limited, a Massachusetts corporation having an address of455 Puritan
Road,Swampscott,Massachusetts,for consideration paid and in full consideration of Four Hundred
Seventy Thousand and 00/100 Dollars($470,000.00) grant to Salter Motorsports, LLC, a
Massachusetts limited liability company have an address of 52 Littles Point Road, Swampscott,
Essex County,Massachusetts,with Quitclaim Covenants
A certain parcel of land with the improvements thereon located at 7 Florence Street, Salem,
Essex County, Massachusetts,being shown as Lot A on a Alan of Land entitled"Plan of Land in
Salem,MA,prepared for David Carnevale prepared by Vernon J, LeBlanc,PLS 161 Holten
Street,Danvers,MA, dated November 27, 2000,Revised May 28,2001, Scale 1"—20',"
recorded with the Essex South District Registry of Deeds,Plan Book 358,Plan 64,
C7(� Said Lot A contains tl,386 square feet according to said plan.
�C Promises are subject to and have the benefit of the following:
CD
All applicable easements,conditions,and restrictions of record at said Registry of Deeds.
c, A Decision of the Salem Board of Appeals,dated Aprit 25,2001 and recorded with said Deeds,
Book 18062,Page 144.
Being a portion of the premises conveyed by Deed dated July 28,2005 and recorded with Essex j
South District Registry of Deeds in Book 24622,Page 534.
.s
w This conveyance does not constitute all or substantially all of the assets of the Grantor.
vi
Executed as sealed instrument this 0VW day of July,2011.
as
B!NeilRossma
heries imited
w MASSACHUSETTS EXCISE TAX
T., Southern Exxex DI,tr/ot RDD
Dale: 07/29/2011 10:44 AM
ID: 596113 Doc# 20110729001860
Fee: 42.143.20 Cons: $470,000.00 B
tf
President and Treasurer
" v Commonwealth of Massachusetts
wEssex,ss. July4'2011
On this_Aoday of July, 2011 before me, the undersigned notary public,personally appeared
Neil Rossman, proved to me through satisfactory evidence of identification,which"was o photographic
identification with signature issued by a federal or state government agency, o oath or affirmation of a
i' credible witness, q(personal knowledge of the undersigned, to be the person(s) whose name(s) is/are
signed-on the preceding or attached document, and acknowledged to me that he signed it voluntarily for
its stated purpose as President and Treasurer of Benny J. Fished ed_
f
N hc: George W.Atkins,W
y comrnis�n ei�;§�i �"txrNs,111
Notary Public
fo*y commission Expfref
�yCammisstorrExpirer
FDWNAry 16,201Q
` EXHH3IT 7
CITY OF SALEM, MA.SSAC,I lUSEM
BummNG DEPARTMENT
R�
120 WASHINGTON STREET,3' FLOOR
TEL (978)745-9595
FAX(978)740-9846
KIMBERLEY DRISCOLL
MAYOR THOMAS STTIERRRE
D[RECfOROP PUBLIC PROPERTY/BUILDING COMNESSIONER
July 20,2011
Joseph C.Correnti,Esquire
Seraiini,Darling&Correnti,LLP
63 Federal Street
Salem,Massachusetts 01970
Re: 7 Florence Street
Dear Attorney Correnti:
This letter is in response to your inquiry and our meeting concerning the property located at 7
Florence Street.
You have asked for a detennination on whether Uautomotive r storage, and warehousing
use would be a permitted use at the premises. As you know,"t e prermses was created by subdividing two
residential lots on Cherry Street and is in the R-2 Residential zaning district. Our records indicate that,by
Decision dated April 25, 2001, variances were granted by the Zoning Board of Appeal allowing
commercial use for the,prenrises and canstnzc6on of the exiatin ca�rercial building. The proposed use
at the time was for a construction office and warehousittg an tnatntenance of construction vehicles and
equipment. After reviewing the ZBA Decision granting relief or commercial use, I determine that the
proposed commercial use would be permitted.
Should your client desire to make any improvements to the premises, then any appropriate
building permits should be obtained through this office.
Very truly yours,
C/4-01
Thomas St.Pierre
EXHIBIT 8
08/09/2012 13:40 9787418509 THE UPS STORE PAGE 04106
QTY or- SALE-.L\/[, MASSACHUSETTS
B1-J1LF)[Nc,DEPAiTTT[ENT
110 1v --INGTON STREET, 37`FLOO?t
�\ S
Ta- (978)745-9595
F:a;c(978) 740-9846
KINIBERLEY DRISCOIJ
TvL-�YOR TT-iODLNs ST.PIER-RE
DIRECTOR OF Pl.TBLIC PROPERTY/IIUILDING COiNRYIISSIONT-R
RECE!'.
J.I. I 1 7012
UUNSIN
July 11: 2012
City of Salem Licensing Board
Chicf Robert St.Piene-Chair
93 Washington Street
Salem Ma. 01970
R.E Salter Motor Sports-7 Florence Street
Dear Chair and Board Members,
This letter is a response to the issue of whether the occasional sale of a restored classic automobile at the site
con forms with the legal non-conforming use of this site.
Salter Motor Sports L.L.C. owns and operates 7 Florence Street,a commercial warehouse building. The owner
is engaged in the business of warehousing classic cars in the building as well as restonng classic earn within
the building and on an individual basis. It was agreed that a spray booth would rot be allowed. .
I understand that Salter Motor Sports has applied for a used car license in order to obtain" dealer plates"so
that a restored vehicle could be legally driven on the street .I also have read the restrictions the Licensing Board
has placed on the license.
it is my opinion that the occasional sale of a classic restored vehicle on site and by apooiutmen.t only,tits
within the nature and purpose of the commercial use permitted at the site.There shoWd be little if any impact to
the abutters and the intensity of the use does not change by the occasional test drive of a vehicle conducted by
appointment only. The additional use does not increase the equipment or number of employees.
f do agree that any expansion of the limited used car License,beyond what was described by the Licensing
Board, would not be allowed without appropriate zoning relief
S htocrcly
f,4.
AR
homes St.Pi
EXHIBIT 9
s r
L '` QTY OF SALEM, MASSACHUSETTS
{,� , , �"9 DEPARTMENT OF PLANNING AND
� - Q .
COMMUNITY DEVELOPMENT
Ki NIBERLFY DRIscou. -
MAYOR 120 WASHiNGION SI KEET t SALEIN1,VIASSACHUSG'PTS 01970
1F,E: 978-6i9-5685 ♦ P',N: 978-740-0404
LYNN GOONIN DUNCAN,NCP
DIRECTOR
December 5, 2012
Joseph A. Wellington, Esq.
50 Leavenworth Street
Waterbury, CT 06702
Dear Mr. Wellington:
I hereby certify that the copy of Thomas St. Pierre's letter to the City of Salem Zoning Board
(Chief Robert St. Pierre —Chair), dated July 11,2012, is a true copy from the record of the
Zoning Board of Appeals' file on the 7 Florence Street petition.
Yours truly,
ha jump
Danielle McKnight
x
n T AW 747 9h professional title in great cendiooFlV
Accessm es dicluded$2500 i503MIS 4988 BEAUTIFUL BLUE CANE CORSET IRAUAN a
MASTIFF),i lemafe. 17 weeks old,Mist See,
`
USEDAPPLIANCESrongeICES-GErner ceramic
ra iny,whne, ,I H �,1r1W p y�.
elecelGThIsmth pactor carne 180,top- Pk7�f7 MOWER SbOQ.Goad honre6 serous¢vniries mdy! r
5175 L,TTraaSt onpactor wnesic, 0.' SELF PROPELtfO-$100 Ca11978390-8220
Basc$50.Call508-982A47o. 0orr 508-HZ 110, 16031347-1540 Bengal 6 Maine Coon Cats 6 Knees ;
550 Call 508-982A470 or 508J8261f0. o.
RELOADS COs,DVD'S H36 hb 3 uveas(0
WASHER,DRYER AND FRIDGE WhApod hunt We Buy Therm rhe Record Exchar>ge, 6D3 B48�t3G anaaztiuecatsm'�mactam
loading washer/dryer,2veal 256slrtSt, m9J745777
, eCavachan Coderoos,Gonandoadie.Winston
Frigidaire block hidge 2 Years old,$3K NI Storm door.Anderson fiat view 30G0. Bosmn ierier.6rthpoo.Por,Mmkie,Poodin,
Eke new.Moving Must cel Shin-chores,Shohie,etc 5395+ 603-94299701{ c
9786553352 White with brass tar dudas
srseen,9 GERMAN SHEPHERD PUPS,AKC registered.
WHIBIFflOI Estate,washer machine,wbge, /SCREEN DOOR-32"x BO"S65 EAazR Stan,shots 6 warmed.$600 each,
top loader,like new.$200 or best ago, Oak 6 Gloss Coffee Table,S35 %,Jail 603-974-1249 -
Call 603.216.2621 gkory,NH NealdO Fireplace screen,burnished bronze„$25. '
$60 DINING SEF Maple table with 2lea( d 4 Call J9781683-9402 after 5prin Ya
chairs.rade xn V(excel8nt TO OF MIDDLETON IPW
976x64$660 BOAR 'Board
CITY OF SALEM The Middlet Board of Appeals
ZONING BOARD OF APPEALS will hold a pubii meeting at 7:00 r ' .
Floor Buffers- Pvim High Speed 978-619.5665 pm, on October 5, 2012 at the. ' i e :�
Model 2000 Apm $ General Vin Will hold a public hearing for all Fuller Meadow Sc of Mwia Cen- PPi� i
$150. Vanshidar arpet machine persons interested in the petition ter, 143 South Main treat to act on i +!
$250-Call A44978l 92 74 of JOANNE R. HIGGINS for an ad- the following pethm with respect 3 7f ' "'"j
ministrative appeal of a decision of to the Middleton Zon g Bylaw and
' the Building Commissioner for the M.G.L.C40A.
ALWAYS BUYING An ues 6 vintage:furniture, property located at 7 FLORENCEST. 250R Mopts Street Map 19,Lot
pottery,military,a Wising4783
toys fr orcentais Salem,MA. 140A,Gino Leone is eking a Vari- x
etc.Meehan Antiqu ,Mike 97B 388-5023 Said hearing will be held on once from the reouir side,yard I,R
WEDNESDAY,:OCTOBER17, 2012 setback pursuant to cion 4.1 of A
at 6:30-p.m:; 3rd floor, 120 WASH- the Middleton Byte” accommo-
r ..<.
CITY F SALEM INGTON STREET,ROOM 313: date an enclosed ay in place a
ZONING BOA DOFAPPEALS Rebecca Cuman of the existing deck f accesstoth'e
978 9.5685 Chair basement of the h e Application_
wilt holo a pu is heating.for all SN-1013,10/10/12 #943•.
persons Interest In the petition - AN Zoning Appiicafions `
of,, NORTHEAST BEHAVIORAL _ - _ are available f ewing prior to the
H 1tTN GARP,ap ling a mass meeting,oat at: Middleton DPW 'r•.
in Q cosies oder of th itdng tn• - Bu9dirtg, North Main Sfreet,
TOWN OF MIDDLETON, :Midtllat 01949. -
pcnor for the Property I tad at 41 BOARD.OF APPEALS SN- ill,10/17/12
SON ST Salem MA: The Middleton Board of Appeals I t
add hearing wail be ho .will hold a.public meeting at 7: i n
DNESDAY OCTOBER 17 201 , en October 25,. e
t 30 p.m 3rd floor„120 WASH- Fu Mcenter, - TOWN OF MIDDLETON ' r
N a,'i'ON.STREET,ROOM 313. 143 South Main Streetto act on the BOARD OF APPEALS - u
Rebecca Curran,Chair 1011co,yvving petition wiNi respecF to.the The Middleton Board of Appeals'
1 -10/3'10/10/12 Middleton Zoning Bytew and M.G.L. will hold a public meeting at 7:00'
C40A. - - p4n..on October 25, 2012 at the r ,
173 South Main Street,Map 29; Fuller Meadow School Media Center, I I
Lot 61A,pursuant to,Section 9.4:of 143 South Main Street to act on the t ,�
lakctronic Registration Systems,Inc. the Middleton Bylaws, Revolution following petition with respect to the W
recorded with the Essex County Industries Inc.is seeking a Special Middleton Zoning Bylaw and M.G.L.
or by assignment for breach of Permit In accordance with Section C40A. c
October 17,2012 at 15 Oak Leaf 13.1.2 and the Table of Use Baguio- 172 Essex Street, Map 10,.Lot _
Hens C.14 authorizing the use and 20, pursuant to Section 9.4 of the
:redevelopment of the,property for Middleton Bylaws, D.U.0 Resklsn- ^
retail sale of cigars end on-premises list LLC is seeking a Special Permit <, i
sale of beverages and light-food in accordance with.Section 6.2 to s
menuwithentertainment: Petitioner allow,the earth removed m conjuno-
w
created pursusint to and in is also seeking Site Plan Approval bon with the construction of the E.s-.
Regis”of Deeds;Book 10301, pursuant to Section 9.5 of the Mid- sex Crossing residential subdivision; '+
- eg s1tY distort Bylaws.Appikatk n#944. Applico#on#942. . .
.July 3,1991,and recorded with All Zoning Board Applications are All Zoning Board Applications
go 17;Plan BooK260,Pian 89; available for viewing prior to the are available for viewing prior to the
. meeting date at'.Middleton DPW Ill date et: - 4
Buildiarg 195 North Main Street, Middl4Non DPW Building,195 North a '
Miridleton,MA01949 Main Street,Middleton,MA0/949.
SN-10110,10117/12 SN-10/10,10/17/12
to Deed and Aaslgnment a
Icti unk plain Is a dopy of a por 4 c -'
. .tar 183A of the General Lam of .
- � MORTGAGEE'S NOTICE F SALE OF RFJd;ESTATE
Fadefined anoldeseribed in the By virtue and in execution of the Power of Salo contained lo a certain
I I pursuant to the terms of Mas- Mortgage given by Andrea Mclennan to Mortgage Electronic Registration
�'t Nee Registry and all eppricabie Systems,Inc.as nominee for,Taylor,Bean Mace
Mortgage Corp.,its
.sucoessoFs and assigns,dated January 26,2007 and recorded with the
ge 412;and the tales and regula- Essex County(Southern District)Registry of Deeds at Book 26511,Page:
common expenses. 6 of which the Mortgage the undersigned is N1a present holder by assign-
w4m forbreach of ifs conditions of said Mortgage and for the purpose of
EXHIBIT 10
Hy +1 M
`"NOTrA,t"s CITY OF SALEM, MASSACHUSETTS
T
° BOARD OF APPEAL
ain oft
.,o
v.;._
J Mna ,CZ'' 120 WASPUNc ION S'IABGr♦ SALEM.MASS 01U.Si3'ns 01970
0
P
"Leti9t8-6 19-568 * FAN:978-746-11401
IUNIlERl -Y DiRiscou.
MAYOR
SPECIAL MEETING NOTICE
ZONING BOARD OF APPEALS
November 7, 2012—7:00 P.M. (not 6:30 as usual)
City Hall Annex, 120 Washington Street, Salem, MA, Room 313
Rebecca Curran, Chair
MEETING AGENDA
L Executive session for purposes of discussion of litigation in the action styled Byrne v. Curran, ESCV
2012-01567, relative to 16 Saunders Street
2. Approval of Minutes: October 17, 2012 meeting
3. Petition of ERIC GLASS requesting a Special Permit to expand a nonconforming use in order to conduct
bottling on the premises of 51R CANAL ST/4 FLORENCI?ST (B4&R2)
4. Petition of NORTHEAST BEHAVIORAL HEALTH CORP. appealing a cease and desist order of the
Building Inspector for the property located at 41 MASON ST. (NRCC)
5. Petition of JOANNE R. HIGGINS for an administrative appeal of a decision of the Building
Commissioner for the ptoperty located at 7 FLORENCE ST. (R2)
6. Old/New Business
7. Adjournment
Know Your R&jts under the Offen[fleeting L�vv M.G.L. c. 39 523.13 and0o Or&nance Sections 2-2028 11ouAh 2-2033.
EXHIBIT 11
CITY OF
SALEM MASSACHUSETTS
BOARD OF APPEAL
SSACHLS
IM WIN
ASHGION SIRIU.1 *SAIA Nil.NIA�. . .E I I S 01970
Ti:i.i, 978-619-5685 Fm 978-740-0404
KiN11WRIA-Y DRISCOLL
MAYOR
1;+ S-Z
;K r-3
November 20, 2012
Decision
LP co
cn
City of Salem Zoning Board of Appeals
Petition of JOANNE R. HIGGINS for an administrative appeal of a decision of the
Building Commissioner for the property located at 7 FLORENCE STREET
A public heating on the above Petition was opened on November 7, 2012 pursuant to Mass General
Law Ch. 40A, § 11. The hearing was closed on November 7, 2012 with the following Zoning Board
of Appeals members present: Rebecca Curran (Chair),Annie Harris, Michael Duffy,Jamie Metsch,
Richard Dionne, and Jimmy Tsitsinos (alternate).
Petitioner seeks an administrative appeal of a decision of the Building Commissioner.
Statements of fact:
1. On April 25, 2001, the Board issued a Variance allowing commercial use for the premises.
2. In a petition date-stamped August 9,2012,petitioner requested an appeal of a decision of
the Salem Licensing Board toissue a Used Car Dealers License Class 11 to Salter Motor
Sports, LLC for activities to take place at 7 Florence Street, Salem.
3. Attorney Joseph Wellington represented petitioner at the heating.
4. In an attachment to the petition, and at the heating,petitioner stated the Licensing Board's
decision to issue the license was predicated on guidance received from Thomas St. Pierre,
Budding Commissioner in a letter dated July 11, 2012, advising the Board that the proposed
use requiring a Class 11 License was consistent with the uses allowed on the site by the 2001
Variance.
5. At the hearing, several residents spoke in support of overturning the decision of the Budding
Commissioner, citing concerns about the impacts of auto maintenance on the
neighborhood.
EXHIBIT 12
G. At the hearing, the owner of Salter Motor Sports, LLC, represented by Attorney Joseph
Correnti, stated his opposition to overturning the decision of the Building Commissioner
and questioned the jurisdiction of the Board of Appeals to hear the appeal.
7. The Board of Appeals, through counsel, also reserved the right to raise jurisdictional
questions on appeal, if any.
The Board of Appeals, after careful consideration of the evidence presented at the public hearing,
and after thorough review of the petition submitted, makes the following findings:
1. The Board of Appeals has no jurisdiction over actions taken by the Salem Licensing Board.
2. The only issue before the Board of Appeals is the validity of Mr. St. Pierre's decision that
Salter Motor Sports, LLC's proposed activities requiring a Used Car Dealers License Class II are
consistent with the use allowed under the 2001 Variance.
3. The Board finds that Mr. St. Pierre's decision that the occasional sale of classic cars, which
use requires the Used Car Dealers License Class II, is consistent with the existing use of that site
and the prior variance.
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 voted none
(0) in favor and five (5) opposed (Curran, Harris,Dionne, Duffy and Metsch), to affirm the appeal
of the Building Commissioner's decision. The appeal is denied, and the decision of the Building
Inspector is upheld.
Rebecca Curran, Chair
Salem Board of Appeals
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 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
Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the
City Clerk has been filed with the Essex South Registry of Deeds.
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