42 JEFFERSON AVENUE - BUILDING INSPECTION s
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DECISION ON THE PETITION OF J & G Realty Trust (OWNER)
A-1 AUTO BROKERS, INC. ,GARY-NADEAU—(-PETITIONER)
FOR SPECIAL PERMIT AT 42 Jefferson Avenue(R-1 )
A hearing on this petition was held on May 15 , 1991,
with the following Board Members present: Richard Bencal ,
Chairman; Joseph Correnti , Edward Luzinski, Jane Stirgwolt, and
Richard Febonio .
Notice of the hearing was sent to abutters and others and
notices were properly published in the Salem Evening News in
accordance with Massachusetts General Laws Chapter 40A.
Petitioners are requesting a Special Permit in order to extend
the non-conforming use to allow outside car sales .
The provision of the Salem Zoning Ordinance which is
applicable to this request for a Special Permit is
Section VI 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 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 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 of Appeal, after consideration of the evidence
presented at the public hearing, makes the following findings
of fact:
1. The premises and building in question is a residential
home and a garage and lot in an R-1 zone.
-DECISION ON THE PETITION OF J & G REALTY TRUST (OWNERS) , A-1 AUTO Jkkl NS, 11 51 h4 091
( PETITIONER) FOR SPECIAL PERMIT AT 42 JEFFERSON AVENUE, SALEM T.
page two �) '
'iASS
2. All abutters of the premises were notified by mail of
this petition before the Board.
3 . That the proposed petition will allow the outside sales
of motor vehicles .
4 . That the Salem Licensing Board has granted licenses
since 1986 for the outside sales of motor vehicles , contrary to
the Board of Appeal decision dated September 24 , 1986 . '
5. That the petitioner purchased the property in 1990 with
the knowledge and in reliance on the fact that a license to
sell vehicles was granted and in effect.
6 . That there also exists a two-family house on this
property and that three parking spaces are required for those
residents .
7. That the petitioner has cleared the side and rear yard
and that there is ample space for three automobiles to park in
the rear of the house.
On the basis of the above findings of fact, and of the
evidence presented at the hearing, the Board of A_v_oeal
concludes as follows:
1. The proposed changes will not be substantially more
detrimental to the neighborhood than the existing
non-conforming use and can be granted in harmony with the
Zoning ordinance and without derogating from its intent or the
public good.
Therefore the Board of Appeal voted 5-0 to allow the Special
Permit requested subject to the following conditions :
1: That the petitioner will maintain three (3) parking
spaces in the rear of the house for residents use.
2. That any lighting of the car lot comply with existing
city ordinances .
3 . That all signage for the business comply with existing
and applicable ordinances , rules, and regulations.
4 . That all regulations of the Salem Fire Department and
the Salem Fire Prevention Bureau be strictly adhered rto. 1
OZ 17
Board of Appeal
Joseph C. Correnti, Secretary
—DECISION ON THE PETITION OF J & G REALTY TRUST (OWNERS) , A-1 AUTO BROKERS, INC. ,
GARY NADEAU (PETITIONER) FOR SPECIAL PERMIT AT 42 JEFFERSON AVE. , SALEM
page three
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;CITY
Special Permit GrantedGL
S.. . -
May 15, 1991 "
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 Mass. General Laws, Chapter 808, and shall be filed within 20 days
after the date of filing of this decision in the office of the City Clerk.
Pneuma to Mass. Ceneral Laws, Ch:;n:er 303, Section 11, the Variance
_r r,e-al Permit granted herein shall not talce effect until a copy of the
'_:--ion. uearino the certification of the City Clerk that 20 days have
ced and no appeal has been filed, or that, if such appeal has been
fled, that it has been dismissed or denied is recorded in the South Essex
Registry 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
of 'Sittlem, ttssttcljuseits
x
Paurb .of '4Vettl OCT 14 8 06 AH '96
DECISION ON OF CARLO MARFONGELLI, OWNER AND RICHARD DESESKOETITIONER
FOR A SPECIAL PERMIT AT�42_JEFFERSON-AVENGE. CITYClEfih',.St;.EM.MASS:
A hearing on the petition was held on September 24, 1986 with the following
Board Members present: James Hacker, Chairman, Messrs, Fleming, Bencal, Strout
and Luzinski. Notice of the hearing was sent to abuttors and others, and notices
of the hearing were properly published in the Salem Evening News, in accordance
with .the provisions of Massachusetts General Laws, Chapter 40A.
The petitioner, representing himself, requested a Special Permit to change
from one nonconforming use to another, namely a freight service to an auto repair
and sales business at 42 Jefferson Avenue. The property is located in on R-I
district.
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 V111 F and IX D, grant Special Permits for alterations
and reconstuction of nonconforming structures, and for changes , enlargement,
extensionor expansion of nonconforming lots, land, structures, and uses,
provided, however,that such change, extension, enlargement or expansion
shall not be substantiallymore 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 till promote the Public Health,
safety, convenience and welfare of the city's inhabitants.
The Board of Appeal after consideration of the evidence presented at the hearing,
makes the' following findings of fact:
1 . No support or opposition was raised to the plan.
2. The change in use is to a use similar to the existing unP,• and will
not be detrimental to the welfare of the residents of the City.
On the basis of the above findings of fact, and on the evidence presented at the
.public hearing, the Board of Appeal concludes as follows:
1 . The proposed addition will improve the property;
2. The proposed addition will promote the welfare and convenience
of the City's inhabitants.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the
Special Permit requested subject to the following terms and conditions;
1 . The building is not to .be altered in any material way.
2. No vehicles are to be stored or displayed outside the premises.
3. That the petitioner obtain, all necessary licenses from the Salem
Licensing Board.
4. That the petitioner- obtain all the necessary approvals of the
Salem Fire Department, relative to fire prevention safety.
5. That the petitioner obtain an occupancy permit from the Salem
Building Inspector.
SPECIAL. PERMIT GRANTED - --
Aaes M. Fleming, Es .
Member, Board of Appeal
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