192 JEFFERSON AVENUE - BUILDING INSPECTION ro
192 JEFFERSON AVENUE
f ,r as NW IN
Citg of �.5aIPm, C ZI$$2lrliu$Pt .y �i«�
Paurb of ,�ku}real
DECISION ON THE PETITION OF JOHN MENTO—(_P_ET-I-T-IONER),ANN
BONAIUTO (OWNER) FOR A VARIANCE AST 1-92 REAR_J_EFFERSON AVE.
A/K/A OCEAN AVENUE EXTENSION (R-3)— -�
A hearing on this petition was held June 14, 1989 with the following Board
Members present: James Fleming, Chairman; Messrs. , Bencal, Febonic, Luzinski
and Nutting. 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 is requesting a Variance to allow the premises to be used as a
welding shop. The property is located in an R-3 district and is owned by Ann
Bonaiuto.
The Variance which has been requested may be granted upon a finding of the
Board that:
a. special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally
affecting other lands, buildings and sc^uctures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise,
c. desirable relief may be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent of
the district or the purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented at
the hearing, and after viewing the plans, makes the following findings of fact:
1 . There was no opposition presented.
2. Councillor Leonard O'Leary spoke in favor.
3. Variances were prevcusly granted to allow this property to be used
for minor automotive repairs over the past ten years.
4. Petitioner runs a mobile type welding shop and the majority of his
work will be done off the premises.
5. This property is undersized and would require action from the Board
of Appeal to allow it to be utilized for any purpose.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property
but not the district generally;
J
DECISION ON THE PETITION OF JOHN MENTO (PETITIONER) ANN BONAIUTO (OWNER)
FOR A VARIANCE FOR 192 REAR JEFFERSON AVE. a/k/a OCEAN AVE. EXT. , SALEM
page two
2. Literal enforcement of the provisions of the Ordinance would work a
substantial hardship on the petitioner;
3. The Variance 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 Ordiance.
Therefore, the Zoning Board of Appeal, voted unanimously, 5-0, to grant the
Variances requested, subject to the following conditions:
1 . The hours of operation will be 8:00 a.m. to 5:00 p.m. , Monday through
Friday and 8:00 a.m. to 12:00 noon on Saturdays. Petitioner has the
right to come back to the Board in one year for review.
2. Variance is granted for welding shop only and for petitioner only.
Variance is valid for a period of five (5) years from the date of
this hearing and can be renewed by the petitioner only.
4 . One sign, no larger than 2' x 2' may be placed on the front of the
structure.
All requirements of the Salem Fire Department relative to fire
safety be strictly adhered to.
6. No raw materials are to be stored outside the building.
7. Proper numbering of the building be obtained from the City Assessor.
VARIANCE GRANTED
Richard T. Febonio, Member
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
,'=onl from this decision, if any, shall be made pursuant to Section 17 of
the ves;. General Laws, Chapter 808, and shall be filed within 20 days
,,Iter Lr.e date of filin of this decision in the office of the City Clerk.
to mass. Genoral Laws, Chapter 808, Section 11, the Variance
r;r ^anal Permit tinted herein s.".all notaake effect until a copy of the
bearing the certification of the City Clerk that 20 days have
ul::cse 4 and no appeal has been filed, or that, if such appeal has been
faed, that it has been dismissed or denied is recorded in the South Essex
Reyistry of Deeds and indexed under the name or the owner of record or
is recorded and noted on the owner's Certificate of Title.
. . BOARD OF APPEAL'