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62 JEFFERSON AVENUE - BUILDING INSPECTION �A 2-SEFF��soeJ �v� � 1 rupedem riab. 90%Larger Label Area /// I 5 M EAD KEEPING YOU ORGANIZED Na 10301 pa"+ftniw UnO W MA GET ORGANIZED AT SMEAD.COM m m-cwammom Certificate Number: B-15-1378 Permit Number: B-15-1378 Commonwealth of Massachusetts City of Salem This is to Certify that the C.omm. . ...Storage. . Building. . located at ............... ............... . . .... . Building Type 63 JEFFERSON ................................................................... in the .....................................City .............................................................................. of Salem............................................... ................................................................. Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY 63 JEFFERSON AVENUE SUITE 200 & 201 "CHURCH" CHURCH This Permit is granted in conformity with the Statutes and Ordinances relating thereto, and expires Not Applicable........................... unless sooner suspended or revoked. Expiration Date Issued On: Tuesday, January 19, 2016 x Qommonwealth of Massachusetts y ; Citv of Salem 120 Washington St,3rd Floor Salem,AM 01970(978)745-9595 x5841 . Return card to Building Division for Certificate of Occupancy P cY Permit $6 ..8-95-1378 PERMIT TO BUILD FEE PAID;: $506.00 DATE ISSUED: ' - 12/17/201 This certifies that NSD REAL ESTATE, LLC has permission to erect, alter, or demolish a buiidiag, 63 JEEFERSQN AVENUE Map/Lot: 240210.0 as follows: Other Building Permit CHURCH BUILD 06Y,'IN SMITE 200 & 201 Contractor Name; Marks Contracting/Mark Corriveau, DBA: } Contractor License No: 87003 �{ d 12/171201i Building Official T Date This permit shall.be deemed abandoned and invalid yatess thevvork authorized by this permit iscon mancad wl#tn six n or the after issuance.The Building Official ,. .; may grant one or more extensions not to exceed six months each upon wriittan request.' " ''K All work authorized this t . � - by permit shall conform the approved and the approved coristru'ction documents for which This permit has been granted.° i Y AN construction,alterations and changes of use of any building andIstructures shall be in compliance with the local zoning by iaws,and codes. -This permit shaft be displayed in a location clearly visible from acoesg street or road and shall be maintained open:for.public irtspectign for the entire duration of the a work untilthe completion of the same. The Certificate of Occupancy will not be issued until all applicbble sill tures by the Building and Fire Oificials.are,proJ+tlad on this permit. • p HiC.#; P$rsons contracting with unregistered contractors do not have access to the;gTfarar)iq funtl"(as set forth in MGL c.142A). r Restrictions: . r Building plans are to be available on site. All Permit Cards are the property of the PROPERTY OWNER. � i ' City of Sa' ( 120 Washington St.3rd Floor Salem,MA01970(976)745-9595 x5847 Return card to Building Division for Certificate of Occupanq f Structure CITY OF SALEM BUILDING PERMIT rwndadon � PERMIT TO BE POSTED IN THE WINDOW f INSPECTION RECORD f -renting echanical c' nsulation INSPECTION:, BY DATE t — Jhimney/Smoke Chamber. ` - f °incl ( Jr / lumbing/Gas Rough;Plumbing Plumbing I Rough:Gas - Final Electrical Service Fire Department Ireliminary -anal kaHealth Department t °reliminary . Final D AHC 4i�`R JVPLES& Act ....... ... ....... .. Paul R. Lessard, Archi 9 .. . ....... AL 0 . ........�..= 18 Leavitt St. Unit 2, Salem,, ........... . ..... (978) 210-1960, papl(4paularc OP Mp55PG www.paularchitect.co Mr. Thomas J. St. Pierre, Inspectional Services Director July 8, 2015 City of Salem Inspectional Services, 120 Washington St. 3rd Floor Salem, Ma. 01970 2009 IBC Code Review: 62 Jefferson Ave., Salem, Mass. 1. Building Construction Type is "Type V-13". The vast majority of exterior walls and demising partitions are concrete block with a wood ro'6f. Small area of combustible exterior wall at Unit 4 defines the Construction Type. R-I Zone, Special Permits for business occupancy 2. Non-Sprinklered building. 3. Existing approved fire detection and alarm system installed. 4. Per Section 906.2 building Use & Occupancy is "Factory Industrial, F1 moderate-hazard occupancy. Automobiles and other motor vehicles." By Special Permit the decision of the City of Salem Board of Appeals on December 5, 2013 allows the use of all four (4) Units to be "auto repair, auto part sales, and boat and engine service" Business use other than auto was allowed by Special Permit by the Board of Appeals on Spetember 23, 2005. 5. Currently the building has three (3) auto related occupancies and one (1) B Business Occu- pancy. (Unit I is tented to a dog care company, no boarding) Per Table 508.4 'Required Separation of Occupancies" separation between F-1 & F-1, B & B, and F-1 & B is "N", 0 hours fire separation required. 6. Building complies with Section 503 "Allowable Building Heights &Areas" as it is under 8,500 square feet and one (1) story only for an F I Occupancy. Height is not more than 40 feet. Note: Unit 2 has an enclosed "Mezzanine". Per Section 505.4.1 this mezzanine is not required to be "open" as it has an occupancy load of less than 10 persons. 7. Building area is approximately 4,100 square feet. Per Table 1004.1.1 Industrial Areas re- quired per person is 100 square feet. Total Occupancy Load of 40 is allowed. 8. Per Tables 1015.1 and 1021.2 number,ofExits.allowed from "spaces" and"stories" is one (1) for Occupancies F-I and B with an Occupancy Load of 49 or less. All Units in building comply. 9. Building need not comply with 521 CMR at this time as renovation or change of occupancy is not occurring. Also, current tenant businesses are not open to the public. Existing one (1) bathroom with sink & toilet per tenant unit. Non-accessible, existing non-conforming. a CITY OF SALEM PUBLICPROPERTY DEPARTMENT KBUERLEY DRISCOLL MAYOR 120 WASHINGTON STREET♦SALEM,MASSAC I- SEYIS 01970 TEL:978-745-9595♦FAx:978-740-9846 Notification Request 62 Jefferson Avenue June 5, 2015 Michael R. McLaughlin 33 Liberty Hill Avenue Salem, Massachusetts 01970 Mr. McLaughlin, Pursuant to our Thursday, May 28, 2015, meeting at your property located at 62 Jefferson Avenue and additional discussions and research at our office it is requested that you retain a Registered Massachusetts Architect to do a code review of said property. Although the code review will be comprehensive for the entire building this Departments main points of concern are the fire rating of the demising walls, secondary egresses within the units and the overall number ofpermitted units on the property (with legal occupancy permits). You are hereby ordered to produce this document within 30 days of receipt of this notice. Failure to do so may result in further actions being brought against you, up to and including the filing of criminal complaints at District Court. You have the right to appeal this order to the State Board of Building Regulations at One A'00shburton Place, Bos on, Ma. Respectfully, i�%i�,,t�. Michael E. Lutrzykowski Building Department <A` CITY OF SALEM MASSACHUSETTS BUILDINGDEPARTMENT 120 WASHINGTON STREET,3m FLOOR TEL. (978) 745-9595 FAx(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS STYIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING CONMSSIONER May 15, 2015 Michael McLaughlin 33 Liberty Hill Avenue Salem Ma, 01970 Re: 62 Jefferson Avenue Zoning Dear Owner, This Department received a complaint regarding the parking of a trailer truck at your property on Jefferson Ave. I looked back at previous three ZBA decisions and the Board made it very clear that no outside storage of anything other than cars or boats was allowed. The cars were limited to five. You are directed to cease parking the trailer truck immediately. I would also like to remind you that all three previous zba decisions stats that you are to comply with all State Statutes, ordinances, codes and regulations.The Building Code clearly states that no premise shall be occupied or used prior to the issuance of an occupancy permit. You have moved in yet another tenant(C-J Transportation) without an occupancy permit. I am dealing directly with your tenant to remedy this issue but any further violations will be treated as Building Code violations. If you feel you are aggrieved by the zoning order, your Appeal is to the Salem Zoning Board of Appeals. If you feel you are aggrieved by the Building Code issue, your Appeal is to the Board of Buildings, Regulations and Stand ds in Boston. If you have any questions,please contact me directly. �6v s Thomas St.Pierre goN.".J.A^ CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT c - 120 WASHINGTON STREET, 3RD FLOOR n SALEM, MASSACHUSETTS 01970 I TELEPHONE: 978-745-9595 EXT. 380 nrrE W� FAX: 978-740-9846 KIMBERLEY DRISCOLL MAYOR August 7, 2014 Michael McLaughlin 33 Liberty Hill Avenue Salem, MA 01970 RE: 62 Jefferson Avenue Dear Mr. McLaughlin: It was brought to my attention that the property located at 62 Jefferson Avenue use has. changed to an Auto Repair Shop. Under Section 248.10.09 (1) of the State Plumbing Codes requires a gas separator. You have 60 days to comply with this code. If you are aggrieved by this decision, you may Appeal to the State Plumbing Board. If you have any further question in this matter, please feel free to call my office. Sincerely, Dennis Ross Plumbing & Gas Inspector e oxnraa� CITY OF SALEM MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR 3 �a SALEM, MASSACHUSETTS 01 970 TELEPHONE: 978-745-9595 EXT. 380 FAX: 978-740-9846 KIMBERLEY DRISCOLL MAYOR August 7, 2014 Michael McLaughlin 33 Liberty Hill Avenue Salem,Ma. 01970 RE: 60 Jefferson Avenue Dear Mr. McLaughlin: It was brought to my attention that the property located at 60 Jefferson Avenue use has changed to an Auto Repair Shop. Under Section 248.10.09 (1) of the State Plumbing Codes this requires a gas separator. You have sixty days to comply with this code. If you are aggrieved by this decision, you may appeal to the State Plumbing Board. If you have any further question in this matter, please feel free to call my office. Sincerely, Dennis Ross Plumbing& Gas Inspector CITY OF SALEM, MASSACHUSETTS }) BUILDING DEPARTMENT 120 WASHINGTON STREET,3" FLOOR TEL. (978) 745-9595 FAX(978)740-9846 KIMBERLEY DRISCOLL MAYOR TYLOMAS STTIERRE DIRECTOR OF PUBLIC PROPERTY/BUI LDING COMMISSIONER Michael McLaughlin 33 Liberty Hill Avenue Salem Ma. 01970 R.E . 62 Jefferson Avenue Mr.McLaughlin, Enclosed, find a City Citation for failing to comply with the State Plumbing Code. Although the letter referenced the property next door, that property is not owned by you and is a single family residence. You also had more than 60 days that you could have contacted this office. It is clear that you are delaying compliance with the Plumbing Code. As a licensed Plumber,you are aware of this requirement for a M.D.0 trap and should have installed the M.D.0 trap before your tenant occupied the building. Failure to address this issue will result in further citations and other enforcement actions Sincerely, Dennis Ross Plumbing and Gas Inspector ,.r CITY OF SALEiv[, A/U�sSACHUSETTS m � .. .. BOARD OF APPEAL 120 WASHINGTON S'I RI .t. • SALEM,,MASSACnUSV['IS 0][9:0 Ki,Nuir:iu,mDRiscot.i. Ti;t.tt:978-745-9595 ♦ P.us:978-740-9846 m :MAYOR �' t r m Lrl December 5, 2013 * D Decision 4 City of Salem Board of Appeals � N Petition of MICHAEL MCLAUGHLIN requesting a Special Permit under Section 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance to allow use of the property for auto repair, auto part sales, boat and engine service, and auto body work, at the property located at 62 JEFFERSON AVE (RI Zoning District). A public hearing on the above Petition was opened on November 20, 2013 pursuant to M.G.L Ch. 40A, 9 11. The hearing was closed on that date with the following Salem Board of Appeals members present: NIS. Curran (Chair), Mr. Duffy, Mr. Watkins, and Mr. Tsitsinos. The Petitioner seeks a Special Permit under Section 3.3.2 Norco!l jjming Utes of the Salem Zoning Ordinance. Statements of fact: 1. In the petition date-stamped October 30, 2013, the Petitioner requested a Special Permit to allow the following nonconforming uses: auto repair, auto part sales, boat and engine service, and auto bodywork, at the property located at 62 Jefferson Avenue. 2. bfr. Michael McLaughlin, the Petitioner, presented the petition for the property at 62 Jefferson Avenue. 3. Mr. McLaughlin bought the existing auto repair building in 2006. Since that time he has appeared before the Board of Appeals twice to request Special Permits for nonconforming uses for various businesses that he has leased his space to. 4. The Petitioner is appearing to request a Special Permit to allow auto repair, auto part sales, boat and engine service, and auto body work, so that he can lease his space to businesses suited to the building without having to appear before the board for every new tenant. Additionally, the Petitioner has a new tenant that operates a boat repair business, which the Petitioner would like to be allowed under the Special Permit. 5. 'f he property is in an R-1 zoning district. The property is located in an area with other industrial and commercial uses. The building itself is well suited to the types of businesses that the Petitioner is seeking permission to have on the property. 6. The previous Decisions issued granting the two previous Special Permits had specific conditions prohibiting outdoor storage, except storage of cars; towing/repossession of cars after l Iput; operating hours after l Ipm (except in cases of emergency); and outdoor auto repairs. 7. Mr. Robert Dunham, 60 Jefferson Avenue, submitted a letter in opposition to the Petition. .Mr, Dunham Submitted photographs supporting his letter, which demonstrated that the Petitioner has been allowing outdoor storage, in violation of the conditions of the previous Special Permit. S. .Auto both work wirhin a residential area has consistcnth' been problematic. City of Salem Board of Appeals December 5,2413 Project: 62 Jefferson Avenue Page 2 of 2 The Salem Board of appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the petitions, including the application narrativc and plans, and the Petitioner's presentation and public testimony, makes the following findings that the proposed project meets the provisions of the City of Salem Zoning Ordinance: Findings: t, The proposed change in use to include auto repair, auto part sales, and boat and engine service world not be substantially more detrimental than the existing nonconforming use to the neighborhood, if the conditions of the Special Permit are adhered to. 2. The proposed change in use to allow auto body work would be On the basis of the above Statements of Fact the Salem Board of Appeals voted four (4) in favor(Ms. Curran — Chair, Mr. Duffy, Mr. Watkins, and Mr. Tsitsinos in favor) and none (0) opposed, to deny the Special Permit to allow auto body work on the property. On the basis of the above Statements of Fact and Findings, the Salem Board of Appeals voted four (4) in favor (Ms. Curran — Chair, Mr. Duffy, Mr. Watkins, and Mr. Tsitsinos in favor) and none (0) opposed, to approve the Special Permit to allow auto repair, auto part sales, and boat and engine service on the property, subject to the following terms, conditions, and safeguards: 1. The Petitioner shalt comply with all city and state statutes, ordinances, codes and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. No auto body work shall be performed 4. No outdoor storage, except storage of cars or boats, is permitted. No more than five (5) cars or boats may be Stored on site at a time. 5. The terms of this Board's two previous special permit decisions in March 200{) and September 2005 relative to this property are incorporated herein by reference unless specifically altered by this decision. Rebecca Curran, Chair Board of Appeals :A COPS'OF THIS DF(ASION I IAS BEEN FILED ACI-C1-1 1H I1t..ANN'ING, 130AIZD AND TI IF,(TIN'C1.1{R1: Ippeol/imn lhis de,i.mm, J an), sball be made purauml Io.Se ion 17 o/Me A-/,zr,rutbtdt/U C;ttnnJ L.oivs Chupler 40"I, a/ld sha//he filed udlhiu_'U drys nj fiGt�g of 11u;k wm iu 115e y is of the Cily<-.4,iA Pun!"":'n the,lla iaeha,eas Cueral Iluns C.7 apie'r-XJrf Ve itoe //, the I .a ance or Special Pemil,{roe ed herein,4)rdl oa lr6e ellea utetila'opy o//Al deri.vou ba mlrt the&r/ilialle of Ae CO,C7akt ha, hart filed mill,/h 1 eco ,Soulr4 ({::1311)Y1j Pee,&. CITY OF SALEM, MASSACHUSETTS CI FY OF SALEM. MA BOARD OF APPEAL CLEWS OFFICE J' 120 WASHINGTON STREET, 3RD FLOOR 'N$ SALEM, MASSACHUSETTS 01970 STANLEY J. LISOVICZ, JR. TELEPHONE: 978-745-9595 C MAYOR FAX: 978-740-9846 ZOOS SEP 23 A q: 4lnn DECISION OF THE PETITION OF MICHAEL MCLAUGHLIN REQUESTING A SPECIAL PERMIT FOR THE PROERTY LOCATED AT 62 JEFFERSON AVENUE R-1 A hearing on this petition was held on September 21, 2005 with the following Board Members present:Nina Cohen, Chairman, Richard Dionne,Nicholas Helides, Bonnie Belair and Robin Stein. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner request a Special Permit to allow a Plumbing Business to replace existing Automotive Shop for the property located at 62 Jefferson Avenue located in an R-1 zone. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3 (2) (8)which provide as follows: Notwithstanding anything to the contrary appearing in this Ordinance,the Board of Appeal may,in accordance with the procedure and conditions set forth in Section 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement,extension or expansion, of nonconforming lots, land, structures, and uses,provided however, that such change, extension, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In more general terms,this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare for the City's inhabitants. A. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or structures in the same district. B. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise,to the petitioner. C. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the ordinance. DECISION OF THE PETITION OF MICHAEL MCLAUGHLIN REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 62 JEFFERSON AVENUE R-1 page two The Board of Appeal, after careful consideration of the evidence presented, and after viewing the plans, makes the following findings of facts: 1. Attorney William Quinn presented the petition and represented the following; a. The owner Mike McLaughlin has operated this business franchise since 1997. b. The business is presently being operated out of Beverly,Ma. c. The subject site will be used for the operation of the business office and Storage of material only. d. There will be no retail use or visitation to the site by customers. e. The use will be no more imposing than the former use as Bob's Carburetor f. Two issues in the sale of the property to the petitioner are in the process of being resolved. There is an encroachment issue as well as it was determined that 2,750 sf of land located at 108 Jefferson Ave,presently used for parking is owned by North Shore Medical Center. g. A letter dated September 20,2005 from North Shore Medical Center was presented indicating that discussions of a sale concerning the parcel are in process. h. Attorney Quinn also presented a plan dated September 16, 2005 by Registered Engineer Gail Smith,attached to the letter showing eight parking spaces on the parcel under discussion for conveyance. i. Attorney Quinn also presented a parking requirement calculation for the premises indicating; 3 on site employees, 6 company vehicles, gross floor area excluding storage of 500 sf,indication a total of 8 spaces needed. j. Attorney Quinn requested that consideration of approval of the petition be conditioned upon the petitioner obtaining use of 8 parking spaces. k. There will be no late night use of the premises and no hazardous materials stored on site. 1. Another tenant,a used car business occupies the subject and will continue to operate there. They have a license to have 10 cars. m. The petitioner will renovate the facade. n. There are 3 on street parking spaces. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: 1. Literal enforcement of the provisions of the ordinance would involve substantial hardship on the petitioner. rt " DECISION OF THE PETITION OF MICHAEL MCLAUGHLIN REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 62 JEFFERSON AVENUE R-1 page three 2. The relief requested can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the ordinance. 3. The Special Permit granted can be granted in harmony with the neighborhood and will promote the public health, safety,convenience and welfare of the City's inhabitants. 4. Special conditions exist which especially affect the subject property,but not the district in general. On the basis of the above findings of fact,the Zoning Board of Appeal voted 5 in favor and 0 in opposition to grant the Special Permit requested, subject to the following conditions. 1. Petitioner shall comply with all city and state statues, code ordinances and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. Petitioner shall obtain a building permit prior to beginning any construction. 4. Petitioner shall obtain a Certificate of Inspection. 5. All construction shall be done as per the plans submitted and approved by the Building Commissioner. 6. Petitioner shall obtain approval from any City Boards or Commission having jurisdiction including,but not limited to the Planning Board. 7. Petitioner shall obtain use of a minimum of 8 parking spaces. Special Permit Granted � #&*J September 21,2405 � tom' Nicholas Helides nn Board of Appeal C J r _1 A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17,of MGL Chapter 40A,and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to MGL Chapter 40A, Section 11,the Variance or Special Pennit granted herein shall not take effect until a copy of the decision, bearing the certification of the City Clerk that the 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed,that is has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner or record or is recorded and noted on the owner's Certificate of Title. Board of Appeal QTY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 120 Wvsi a.\(;joN S IIU;F I # SAIEM,&WSAQ R SE,ITSOM MAR 31 P 3: OQ 1: :978-745-9595 * F,kx:978-740-0404 iP`I '1ij; Ki.\n:K"'i DRis(xxi, .VWoR March 31, 2009 Decision City of Salem Zoning Board of Appeals Petition of MICHAEL MCLAUGHLIN requesting to modify a Special Permit granted in 2005, to allow additional nonconforming uses (small tradesman, handyman and contractor) to a currently nonconforming use (plumbing business) at the property located at 62 JEFFERSON AVENUE (R-1 Zoning District) A public hearing on the above petition was opened and closed on March 18, 2009 pursuant to Mass General Law Ch. 40A, § 11. The following Board of Appeals members present: Robin Stein (Chair), Richard Dionne, Bonnie Belair(alternate), and Jimmy Tsitsinos (alternate). Petitioner seeks a Special Permit pursuant to Section 8-5 of the City of Salem Zoning Ordinances. Statements of fact: 1. The petitioner, Michael McLaughlin, represented himself at the hearing. 2. Petitioner had previously applied for a Special Permit from the Board of Appeals to change the use of the structure from an automotive shop to a plumbing business; said Special Permit was granted on September 21, 2005. The decision letter, filed with the City Clerk on September 23, 2005, included seven (7) conditions. 3. The property at 62 Jefferson Avenue is currently plumbing business, a nonconforming use in the Residential One-Family(R-1) Zoning District. 4. In a petition dated February 23, 2009, the applicant requested a Special Permit for the expansion of a currently nonconforming use (plumbing business) to allow additional 11011C011110nning Uses (small tradesman, handyman and contractor). 5. The petitioner did not propose any exterior alterations to the structure. I 6. Robert Dunham, 60 Jefferson Avenue, submitted a letter dated March 18, 2009 to the Board of Appeals stating he is not opposed to changes in use for the structure as long as business is conducted during daytime hours inside the building, and equipment is stored inside. However, he objects to auto repairs he says are taking place illegally on the premises, and wants the Board to consider the current situation before issuing an additional Special Permit. The Board of Appeal, 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 petitioner's request for a special permit does not constitute substantial detriment to the public good. 2. The requested relief does not nullify or substantially derogate from the intent or purpose of the zoning ordinance. 3. In permitting such change, the Zoning Board of Appeals requires certain appropriate conditions and safeguards as noted below. On the basis of the above findings of fact and all evidence presented at the public hearing including, but not limited to, the submitted documents and testimony, the Zoning Board of Appeals concludes: 1. A Special Permit is granted to allow the expansion of a currently nonconforming use (plumbing business) to allow additional nonconforming uses (small tradesman, handyman and contractor). In consideration of the above, the Salem Board of Appeals voted, four(4) in favor (Stein, Dionne, Tsitsinos and Belair) and none (0) opposed, to grant petitioner's request for a Special Permit subject to the following terms, conditions, and safeguards: 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. No outdoor storage, except storage of cars, is permitted. No more than five (5) cars may be stored on site at a time. 4. Towing/repossession of cars continues to be permitted, but not after 1 I p.m. 5. Late night hours (after I 1 p.m.) are permitted only in cases of emergency, except towing, which is not permitted after 11 p.m. in any case. 2 G. No outdoor auto repairs are permitted. 7. No more than four (4) allowed uses, one for each unit, may operate from the premises at a time. 8. The terms of this Board's previous special permit decision relative to this property are incorporated herein by reference unless specifically altered by this decision. Robin Stein, Chair Salem Zoning 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. 3 QTY OF SALEM, MASSACHUSETTS BOARD OF APPEAL -SETFS On MAR 31 P 3: OQ 120 WASHNGTON SMJ.I * SAUN,MASSAQ-RJ TELE:978-745-9595 +FAx:978-740-0404 CITY C L KiNmP.Ri_F.YDKis(y)LL MAYOR March 31, 2009 Decision City of Salem Zoning Board of Appeals Petition of MICHAEL MCLAUGHLIN requesting to modify a Special Permit granted in 2005, to allow additional nonconforming uses (small tradesman, handyman and contractor) to a currently nonconforming use (plumbing business) at the property located at 62 JEFFERSON AVENUE (R-1 Zoning District) A public hearing on the above petition was opened and closed on March 18, 2009 pursuant to Mass General Law Ch. 40A, § 11. The following Board of Appeals members present: Robin Stein(Chair), Richard Dionne, Bonnie Belair(alternate), and Jimmy Tsitsinos (alternate). Petitioner seeks a Special Permit pursuant to Section 8-5 of the City of Salem Zoning Ordinances. Statements of fact: i. The petitioner, Michael McLaughlin, represented himself at the hearing. 2. Petitioner had previously applied for a Special Permit from the Board of Appeals to change the use of the structure from an automotive shop to a plumbing business; said Special Permit was granted on September 21, 2005. The decision letter, filed with the City Clerk on September 23, 2005, included seven (7) conditions. 3. The property at 62 Jefferson Avenue is currently plumbing business, a nonconforming use in the Residential One-Family(R-1) Zoning District. 4. In a petition dated February 23, 2009, the applicant requested a Special Permit for the expansion of a currently nonconforming use (plumbing business) to allow additional nonconforming uses (small tradesman, handyman and contractor). 5. The petitioner did not propose any exterior alterations to the structure. 1 6. Robert Dunham, 60 Jefferson Avenue, submitted a letter dated March 18, 2009 to the Board of Appeals stating he is not opposed to changes in use for the structure as long as business is conducted during daytime hours inside the building, and equipment is stored inside. However, he objects to auto repairs he says are taking place illegally on the premises, and wants the Board to consider the current situation before issuing an additional Special Permit. The Board of Appeal, 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 petitioner's request for a special permit does not constitute substantial detriment to the public good. 2. The requested relief does not nullify or substantially derogate from the intent or purpose of the zoning ordinance. 3. In permitting such change, the Zoning Board of Appeals requires certain appropriate conditions and safeguards as noted below. On the basis of the above findings of fact and all evidence presented at the public hearing including, but not limited to, the submitted documents and testimony, the Zoning Board of Appeals concludes: 1. A Special Permit is granted to allow the expansion of a currently nonconforming use (plumbing business) to allow additional nonconforming uses (small tradesman, handyman and contractor). In consideration of the above, the Salem Board of Appeals voted, four(4) in favor (Stein, Dionne, Tsitsinos and Belair) and none (0) opposed, to grant petitioner's request for a Special Permit subject to the following terms, conditions, and safeguards: I. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. No outdoor storage, except storage of cars, is permitted. No more than five (5) cars may be stored on site at a time. 4. Towing/repossession of cars continues to be permitted, but not after I 1 p.m. 5. Late night hours (after 11 p.m.) are permitted only in cases of emergency, except towing, which is not permitted after 11 p.m. in any case. 2 6. No outdoor auto repairs are permitted. 7. No more than four (4) allowed uses, one for each unit, may operate from the premises at a time. 8. The terms of this Board's previous special permit decision relative to this property are incorporated herein by reference unless specifically altered by this decision. Robin Stein, Chair Salem Zoning 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. 3 O ❑ June 20, 2008 P L U M B 1 N G Inspector Tom St Pierre 120 Washington St Salem Ma. 01970 Dear Inspector St Pierre, 1 do not wish to be confrontational but wish to follow-up on the topic and tone of our conversation on Thursday aune 19, 2008 at your.office. My understanding of that conservation was that you felt that I failed to respond to your letter to call and speak with you about a complaint involving my building at 62 Jefferson Ave. I did of course receive and read that letter. I immediately reviewed the situation with the person using my garage bay and reviewed the limits involved in the space rental. I also checked and verified that there were no hazardous materials stored on the premises. did not call you at your office to speak of the situation as your letter suggested I call and speak with you if I had any questions. I had no questions as the complaint and the resolution was obvious to me. (Please see copy of letter to verify statement.) As a property owner and Salem business man I am well aware of the need to develop and retain a good relationship with City Hall and the Building Inspector's office. Please accept my apology if I failed to react to the meaning of your letter. I have sent Bob Dunham a letter. I have included a copy for you to review which suggests that a complaint which involves 62 Jefferson Ave. would best be handled by first calling the problem to my attention. Thank You for your time and attention. Sincerely Your , Mike McLaughlin cc. Joe Barbeau P.O.Box 273• Peabody, Massachusetts 01960 (978) 532-3336• (781) 593-3366• Fax (978) 922-4332• Master Lic.#9399 •www.mrrooter.com ❑ v ° .June 20, 2008 P L U M B 1 N G RG: Good neighbor relations Dear Bob, 1 would like to request that any future problems that pertain to the use of my building or involving a tenant at 62 Jefferson Avenue be called to my attention personally. This will lead to a positive result and good relations between neighbors in the future. My part time girl did tell me that someone had come into the office and complained to her about the garage bay rear use. She did not have a name or a business card to whom that person was. She told me to expect a phone call the next day from the individual that had stepped in. Instead, I received a call from the assistant building inspector a few days later about an abutter's complaint. This was followed by a letter from the building inspector's office the following week with a second complaint. I was out of the country for two weeks in May and therefore may not have seemed responsive to the issue in this time frame. I would prefer to have a civil relationship with my next door neighbor and therefore request personal notification to me, not my office staff or-employees on any issues that might arise in the future. - 1 apologize for any inconvenience that you or your daughter may have incurred and will strive to avoid a future circumstance:_ Sincerely Yours, M ike McLaughlin Cell 508.962.4800 cc. Tom St Pierre Joe Barbeau P.O.Box 273• Peabody, Massachusetts 01960 (978) 532.3336• (781) 593-3366• Fax (978) 922-4332 • Master Lic.#9399•www.mrrooter.com CITY OF SALEM, MASSACHUSETTS " BUILDING DEPARTMENT 120 WASHINGTON STREET, 3"°FLOOR TEL. (978) 745-9595 FAX(978) 740-9846 KINMERLEY DRISCOLL MAYOR THonti,�s ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER June 10,2008 Michael McLaughlin 62 Jefferson Avenue Salem Ma.01970 Dear Mr. McLaughlin, Your property and it,s uses were the subject of a Board of Appeal hearing in 2005. The Board had several conditions that were passed. Specifically, condition "k" "There will be no late night use of the premises and no hazardous materials stored on site". I have asked the Salem Fire Department to assess the chemicals stored at your building to determine whether or not they are "Hazardous" and or need any special storage permits. The issue of late night use of the premises doesn,t specify the hours,but I would encourage you to speak with your Att. for an opinion on this issue. If you have any questions, please contact me directly. Thomas St.Pierre Building Commissioner/Director of Inspectional Services cc.Jason Silva,Mayors Office Fire Chief,David Cody Fire Prevention, Lt Erin Griffin Councilor Jean Pellitier i Certificate No: 681-06 Building Permit No.: 681-06 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the RESIDENCE located at ----------------------------------------------- Dwelling Type 0062 JEFFERSON AVENUE in the CITY OF SALEM ----- - - ------- - - - ---------------- - - --- --------------- - -- ------------------------ Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY Renovations includes Bath and Kitchen area This permit is granted in conformity with the Statutes and ordinances relating thereto,and expires ----- __-__--_------. unless sooner suspended or revoked. Epiration Date Issued On:Tue May 2,2006 - ---- ----- --- - GeoTMS®2006 Des Laurens Municipal Solutions,Inc. - ---- ------ -- ---- ----------.--------------------------- -------------- ;f f a s W ya>� A y 0062 JEFFERSON AVENUE 681-06 GIs#: 1197 COMMON\ 'EALTH OF MASSACHUSETTS Map: 24 Block: CITY OF SALEM Lot: 0089 Category. REPAIR/REPLACE Permit 68>:-O6. - BUILDING PERMIT Project# JS-2006-1400 ' Est. Cost: $40,000.00 Fee Charged: ;$355.00 Balance Due: $.00 PERMISSION IS HEREBY GRANTED TO: Const. Class: Contractor: License: Use Group: SANTOS,CARLOS CONSTRUCTIO SUPERVISOR-CS-085905 Lot Size(sq. ft.): 9683 Zoning ' RI Own¢r: MCLAUGI-IL,IN MICHAEL A Units Gained: Applicant: SANmCS,CARLOS Units Lost: AT: 0062 JEFFERSON AVENUE Dig Safe#: I - ISSUED ON: 28-Feb-2006 AMENDED ON: EXPIRES ON. 28-Auo 2006 TO PERFORM THE FOLLOWING WORK: 681-06 RENOVATIONS-INCLUDES BATH AND KITCHEN AREA JB POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbing BuildinC Underground: Underground: Underground: Excavation: Service: t, Meter: e-� Footings: ^ Rough: '�t�/D� p�nl Rough: Rougho ` --/6-0., Foundation: Final: Yo O to ✓�/ Final: Final• •/�j—+ / Q�j Rough Frame: 'e� / Fireplace/Chimney: D.P.W. Fire Health / Meter: Oil: Pt Fina -• OL' S/L�06 House If Smoke: t t�2 r s.a 1 T e ury: �/� Water: ann:� Sewer: Sprinklers: /4/ THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATI OF Alm% I RULES AND REGULATIONS. �y` Signature: Fee Type: Receipt No: Date Paid: Check No: Amount BUILDING REC-2006-002001 28-Feb-06 10438 $355 00 x-- _s. S. I � k 1� dt9..3 orf .,}li:s eJVc� A !i4 GeoTMS®2006 Des Lauriers Municipal Solutions,Inc. v� z• w tsar¢ Aa CITY QF SALEM BUILDINGPERMIT CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET,31D FLOOR TEL. (978) 745-9595 FAx(978) 740-9846 IQMBERLEY DRISCOLL MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER June 10,2008 Michael McLaughlin 62 Jefferson Avenue Salem Ma.01970 Dear Mr. McLaughlin, Your property and it,s uses were the subject of a Board of Appeal hearing in 2005. The Board had several conditions that were passed. Specifically, condition"k" "There will be no late night use of the premises and no hazardous materials stored on site". I have asked the Salem Fire Department to assess the chemicals stored at your building to determine whether or not they are "Hazardous" and or need any special storage permits. The issue of late night use of the premises doesn,t specify the hours, but I would encourage you to speak with your Art. for an opinion on this issue. If you have any questions, please contact me directly. Thomas//St.Pierre C��r+� Building Commissioner/Director of Inspectional Services cc. Jason Silva, Mayors Office Fire Chief,David Cody Fire Prevention, Lt Erin Griffin Councilor Jean Pellitier CITY OF SALEM, MASSACHUSETTS �3 PUBLIC PROPERTY DEPARTMENT a Q. J- 120 WASHINGTON STREET, 3RD FLOOR �GMINB SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 January 23, 2006 / Bob's Carburetor Co. 62 Jefferson Ave. Salem, MA 01970 Dear Bob; There was a question brought to this office by you regarding the permitting of the existing wood burning stove that exists at your location. After reviewing our information it has been determined that this installation goes back quite a few years, in fact predating the requirement for permitting this device. It therefore is classified as an existing and allowable use, grand-fathered under the current code. The continued use of this device is allowed, and no further permitting is required; provided that this device is not moved or altered from the current configuration. Should this device be moved or altered then it would be required to conform to the current 780 CMR Sixth Edition Building Code. I hope that this clarifies this matter for you, if you have any further questions please don't hesitate to call this office at (978) 745-9595 ext. 386. Sincerely, oseph E. Barbeau, r. Assistant Building Inspector Citp of balm, Alaoncbuoettz Public Propertp Mepartment Nuilbing Mepartment Ont 6alem Oreen 745-9595 QCxt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer March 13, 1991 John A. Boris, Chairman City of Salem Licensing Board RE: 62 Jefferson Avenue Dear John, Records in this department show a Special Permit was granted by the Zoning Board of Appeal in 1971 allowing the display and sale of ten (10) motor vehicles at the above referenced property. To the best of my knowledge this use has continued from that time until 1990 when the license was allowed to.lapse. Should the property remain unlicensed for twenty four (24) consecutive months the Special Permit will lapse. I am concerned however, as to where on the property the vehicles are to be displayed. In the past there have been problems with regards to the vehicles being located• in an area not part of this address. Sincerely, William H. Munroe Zoning Enforcement Officer WHM:bms Enclosure: Copy of Board of Appeal decision >' P (gtty of "Sttlem, assachusetts ca •82 MAY -4 P 2 :31 Puurb of cAppeal I II's W CITY CLDU,� c)mCE SALEJ,'I DECISION ON THE PETITION�OF-F_-ROBERT_RUSCIO` FOR A SPECIAL PERMIT FOR 62 JEFFERSON AVENUE A hearing on this Petition was held on April 28, 1982 with the following Board Members present: Douglas Hopper, Chairman, Messrs. Hacker, LaBrecque, ! Feeherry and Associate Member Luzinski. Notice of the hearing was sent to abutters and others and a notice of the hearing was properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. The Petitioner has requested a Special Permit to construct a 16' x 25' concrete block addition to the southerly side of the existing non-conforming structure at the site. The addition is to be used in connection with the petitioner's automotive repair business. The property is within an R-1 District; however, the property has for many years been a non-conforming use and structure. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section V B 10, which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Section VIII F and IX D, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension or expansion of non- conforming lots, land structures, and uses, provided, however, that such change, extension, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. The Board, after considering the evidence at the hearing on this matter, makes the following findings of fact: 1) Petitioner's proposed addition was strongly supported by Petitioner's neighbors and others. No neighborhood opposition whatsoever was raised at the public. hearing. r DECISION ON THE PETITION OF F. ROBERT RUSCIO -82 MAY -q P 2 :31 FOR A SPECIAL PERMIT FOR 62 JEFFERSON AVENUE Page 2 CITY "F!CE SAL-: q . 2) Although the property is in an R-1 zone, it has for many years been a non-conforming use and the proposed addition to the property will have a negligible effect on the area. 3) The area in question has a number of other commercial properties. 4) There is adequate parking in the area. 5) There is, because of the topography of the land in question, a partial natural buffer between this property and some of the surrounding residences. On the basis of the above findings of fact and on the ev3Aence presented at the public hearing, the Board of Appeal finds (i) that the proposed use of the property will not be substantially more detrimental than the existing use to the neighborhood, (ii) that the proposed use of the property will promote the public health, safety, convenience, and welfare of the City's inhabitants, and (iii) that the proposed use of the property is in harmony with the Salem Zoning Ordinance. Accordingly, the Board unanimously approved the granting of a Special Permit to the Petitioners. The Special Permit is therefore granted in accordance with the following terms and conditions: 1) A 16' x 25' concrete block addition may be constructed. 2) Plans must be submitted to the Salem Fire Marshal for his stamped approval. h. Anthony M. Fee�erry, 4ecretar F Pr E^1PEC .l. .'7( 'V'1 r,� 9C z t`" _�T T+. °:_TR"^l 17yCF Th?7 f.'ASS. 6Q.$tlil GE i'.t'�i.4� COPY OF THIS DECISION AND PLANS HAS BEEN FILED WITH THE PLANNING BOARD AND 1 CITY CLERK. � .3 L I v cC• .,,,L:AM i. A1;..TT DECISIC•N�GiQ ?LT`iTION OF FRANCIS R. RUSCIO FOR SPECIAL PERMIT ,A.LS M. uol'L L. TO PERMIT HIM TO MAINTAIN NO MORE THAN TEN (10) MOTOR VEHICLES ^^ M ON HIS PREMISES AT n62 Jefferson Avenue. A14THVN 4A11111CUVC CMENY V. TANCH I. NORMAN 111CH, IR. Petitioner through Counselor John R. Serafini, appealed to the Board of Appeals for a Special Permit to permit him to maintain for resale no more than ten (10) :•rotor vehicles on his property at n62 Jefferson Avenue. A hearing was held on this appeal on Monday, September 20, 1971 , pursuant to notices mailed postpaid to the Petitioner, his attorney, Board members, abutters, and others, and advertisements published in the Salem Evening News, advisinq..,Qj this hearing. Counselor Serafini appeared for the Petitioner, and stated the case; his client was the owner of the premises at n62 Jefferson Avenue and has operated a motor vehicle repair shop for a number of years; the premises were formerly in an automotive zone, but as a result of the 1969 rezoning, the premises became non-conforming. Counselor Serafini presented a petition signed by all the neighbors of the Petitioner approving of his application for the special permit. Counselor Serafini stated that the Special Permit was necessary for the economic sur- vival of his client, and also pointed out that the premises were kept in a neat and clean manner and that the Petitioner operated his business in a fashion that was very cognizance of the rights of others. Councillor Joseph Ingemi and Councillor Jean Levesque and Councillor Michael Ruane were all recorded in favor of this petition. Board members present at the hearing were Mr. -Abbott, .Acting Chairman; Mr. Doyle, Secretary; Mr. Boulger; and Associate Members-Mr. Tanch and Mr. Welch. No one appeared in opposition. T::e Board on the basis of the evidence, found that the Special Permit requested could be granted without.in any way derogating from the intent of the ordinance and that the Special Permit to maintain for resale no more than ten (10) motor vehicles was reasonable and in view of the fact that the area occupied by the Petitioner was formerly an automotive zone and thet tae surrounding area in general was commercial and automotive, on the h_sis of this evidence, the Board unanimously voted to grant this Special Permit to maintain no ::.ore than ten (10) motor vehicles on said premises at #62 Jefferson Avenue, for the . p:::�oses of resale. SPEC :,L P-RMIT GRANTED. City of Salem -- BOARD OF APPEALS by a Citp of *a[em, lHammcbm etto P. Public Propertp Mepartment A��/ry rygtl Wuitbing Mcpartment ®ne balem Orem 745-9595 ext. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer March 13, 1991 Robert Ruscio 62 Jefferson Avenue ti Salem, MA 01970 RE: Sale of Motor Vehicles Dear Mr. Ruscio: Enclosed you will find a copy of a 1971 Zoning Board of Appeal decision granting permission for the sale of motor vehicles at your property located at 62 Jefferson Avenue. To the best of my knowledge this Special Permit has continued to be kept active through January of 1990 . I would caution you though, if the property is not licensed for this use for twenty four (24) consecutive months, the Special Permit will lapse and you will have to re-apply to the Board. Sincerely, William H. Munroe Zoning Enforcement Officer WHM:bms of baiem, Alam5arbum ettg Public Propertp Department � g Iguitbing Department One 6alem Oreen 745-9595 CExt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer May 11, 1989 Mr. Robert Ruscio 63 Winthrop Street. Salem, MA. 01970 RE: Trailers"6-2 Jefferson Avenuel Dear Mr. Ruscio; You have requested this office inform you as to whether a special permit as required under Section VII A, of the City of Salem Zoning Ordinance has ever been issued by the Inspector of Buildings to park, store, or occupy a trailer at the above referenced property. A careful check of our records indicate there is not now, nor has there ever been, such a permit issued. If I can be of further assistance, please contact me. Sincerely, k4re. William H. Munroe Inspector of Buildings Zoning Enforcement Officer WfN/jmh (J .i � rr wJ�� •i � 3 . 1, r (gitg of �3tt1Pm, fflanar4usft R r!,i s l iI;_o 23nnrb of Mvd Noy ib IL. Ju N '79 CITY S UFICE NOVEMBER 14, 1979 SALEMrMASS. DECISION ON THE PETITION OF F. ROBERT RUSCIO CONCERNING PROPERTY LOCATED AT�62.JBFFERSON AVENUE IN AN R-1 DISTRICT. A hearing on this petition was held on November 14, 1979 with the following Board members present: James Boulger, Jr. , Chairman; Douglas Hopper; John Nutting; Joseph Piemonte; and Edward Luzinski. Notice of the hearing was sent to abutters and others and a notice of the hearing was published in the Salem Evening News on October 31., and November 7, 1979 in accordance with Massachusetts General Laws, Chapter 40A. The Petitioner is requesting a variance to extend a non-conforming business at 62 Jefferson Avenue (R-1 District) by the construction of an addition 30 feet by 18 feet for the repairing of cars. The petitioner operates a carburator rebuilding and repair shop on the premises situated at 62 Jefferson Avenue abutting the property of New England Telephone and Telegraph, Mikes Autobody Shop, Michaud Bus Lines and Titus Furniture Warehouse. The petitioner is in an R-1 zone which was changed from an Industrial zone in 1965 and is now a non-conforming use in that zone. The area is predominantly commercial and industrial. Letters from City Councillors Martineau, Nowak, Centerino and O'Keefe in favor were submitted. Six letters from abutters were submitted in favor. Councillor Stephen Lovely appeared and spoke for the petitioner. He stated that all of the abutters were for this petition. Mr. Ruscio was a good neighbor and this addition would permit him to work out of the elements, the area is primarily commercial though zoned R-1. His immediate abutter is the telephone company garage and they are not affected by this addition. There was no opposition. The petitioner submitted plans of the proposed addition. The Board voted unanimously to grant the variance requested. The Board found that even though the area is zoned R-1, the proposed extension of the non-conforming use would be in harmony with the commercial and industrial character of the neighbor- hood and that it could grant the variance without substantially derogating from the intent of the Zoning Ordinance. VARIANCE GRANTED APPJU. FROM THIS DECISION. IF ANY. SMALL BE :::ADE PURSUANT TO SECTION 17 OF THE IIIASS. G U1" AL LAWS. CHAPTER FOD". AND SHALL GE F!1.10 VIITHiB 20 DAYS Ar ER THE DATE OF FILING OF TP:S DECISION LI THE C'iICE 0: THE CITY CLERK. Douglasopper FU �:i�_... 'vE.`:'...:`.' ....,:A. U; .. :_.. 2"3. SY"_TL.. !I. THE MIANCE 0^ CFECIAL PEMMIT [n4:ii cl7 ^.Eii.. A . 5 TY.'.... EE• ;iii:. THE CERT• Acting eCretary FICATIU: 04 THE UR,. ;Ili. ... _ L!:$3'.. ..�IIJ A"?,7AL TIL" EEEII FILED, OR THAT. IF SUU AN AFPEA: :.,EBT:l"7 !T ".1 O!S.'L!OS[0 CR DENIED IS RECO•?OFD IN THE 2CTH :SSER Rt.':31".Y CF M..LS A::D HIOUED GNDER THE NAME OF THE OYINER Of ",ORD OR IS RECORDED AND NOTED ON THE CuNEWS CERTIFICATE OF TIME. BOARD OF APPEAL A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK