77 BEAVER STREET - ZBA (3) ter ie i`1�
— 77 BEAVER STREET
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o CITY OF SALEM, MASSACHUSET S L CE A
BOARD OF APPEAL '
a a 120 WASHINGTON STREET, 3Ro FLOOR .G
M SALEM, MIA 01970
FAX (978) 740.9846 1004 MAY 1 p I: 3
STANLEY J. USOVICZ, JR.
MAYOR
DECISION ON THE PETITION OF BARRY CARNES REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 778 BEAVER STREET R-2
A hearing on this petition was held on April 21, 2004 and continued on May 12, 2004
with the following Board Members present: Nina Cohen, Chairman, Stephen Harris,
Nicholas Halides, Richard Dionne and Bonnie Belair. Notice of the hearing was sent to
abutters and others and notices of the hearing were properly published in the Salem
Evening News in accordance with Massachusetts General Laws Chapter 40A.
Petitioner requests a Special Permit to change an existing non-conforming use to allow a
construction warehouse for the property located at 77 Beaver Street R-2.
The provision of the Salem Zoning Ordinance which is applicable to this request for a
Special Permit is section 5-3 (2) (8), which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the Board of
Appeal may, in accordance with the procedure and conditions set forth in Section 8-6
and 9-4, grant Special Permits for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extension of expansion, of nonconforming
lots, land, structures, and uses, provided however, that such change, extension,
enlargement of expansion shall not be substantially more detrimental than the existing
nonconforming use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests, guided by
the rule that a Special Permit request may be granted upon a finding by the Board that
the grant of the Special Permit will promote the public health, safety, convenience and
welfare of the City's inhabitants.
A. Special conditions and circumstances exist which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings or
stuctures in the same district.
B. Literal enforcement of the provisions of the Zoning Ordinance would involve
Substantial hardship, financial or otherwise, to the petitioner.
C. Desirable relief may be granted without substantial detriment to the public good and
Without nullifying or substantially derogating from the intent of the district or the
purpose of the ordinance.
The Board of Appeal, after careful consideration of the evidence presented, and after
viewing the plans, makes the following findings of fact
CIT4' OF SALEM, MA
CLERK'S OFFICE
DECISION ON THE PETITION OF BARRY CARNES REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 77 BEAVER STREET R-2
page two 2004 MAY I -I p I: 31
1. Petitioner Barry Carnes presented the petition at the first hearing.
2. The property has always been a nonconforming use. The business will have no
employees remaining on site.
3. The property will be used for storage only of the following items; roof shingles,
roofing materials, sheet metal, plywood, 3 vehicles and equipment.
4. No construction activity will occur on site. No construction debris will be brought
to the site.
5. Irene Froncki of 5 Suford Street spoke in opposition.
6. Joe George of 81 Beaver Street spoke in opposition based on tight neighborhood
and addition noise created.
7, Patricia Amey of 68 Beaver Street spoke in opposition.
8. Stan Fronckie of 152 Boston Street Unit 1 spoke in opposition
9. Councillor Michael Bencal spoke in opposition and wanted neighborhoods
Involved.
10. At the May 12'" hearing, Attorney Scott Grover represented the petitioner.
11.Attorney Grover presented the results of the neighborhood meeting with
Councillor Bencal and the petitioner in letter form dated May 6, 2004 as follows;
a) No exterior signs
b) No hazardous materials stored on site
c) No dumpsters or containers be stored outside the building
d) All deliveries are restricted to times as set by ordinance except Saturday
deliveries be restricted to no earlier than 9:00 a.m.
12. Petitioner agreed to construct 8-foot fence abutting 148 Boston Street.
13. Stanley Froncki spoke in favor based on agreement with neighborhood.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows;
1. Literal enforcement of the provisions of the ordinance would involve substantial
hardship on the petitioner.
2. The relief requested can be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent of the district or the
purpose of the ordinance.
3. The Special Permit granted can be granted in harmony with the neighborhood and
will promote the public health, safety, convenience and welfare of the City's
inhabitants.
Therefore, the Zoning Board of Appeal voted 5 in favor and 0 in opposition, to grant the
relief requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statues, codes ordinances and
regulations.
2. All requirements of the Salem Fire Department relate to smoke and fire safety shall
be strictly adhered to.
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CIT i OF c
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DECISION OF THE PETITION OF BARRY CARNES REQUESTING A SPEL7A S ®ff►Cf
PERMIT FOR THE PROPERTY AT 77 BEAVER STREET R-2
page three ) p Mn
3. All construction shall be done as per the plans and dimension submit IS N1X1 ► l P ►: 3► .
approved by the
4. Petitioner shall obtain building permit prior to beginning any construction.
5. Exterior finished of the new construction shall be in harmony with the existing
construction,
8. A Certificate of Occupancy shall be obtained.
7. Petitioner shall construct an 8-foot height stockade fence abutting 148 Boston Street.
8. No exterior signs other than sign on pedestrian entrance door identifying company &
telephone number.
9. No dumpster or container be stored outside the building.
10.No hazardous materials stored on site.
11. All deliveries be restricted to times as set by ordinance except Saturday deliveries be
restricted to no earlier than 9:00 a.m.
Special Permit Granted
May 12, 2004 �� `
Nicholas Helides(SC/1`--s
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17, of MGL Chapter
40A, and shall be filed within 20 days after the date of filing of this decision in the office
of the City Clerk. Pursuant to MGL Chapter 40A, Section 11, the Variance or Special
Permit granted herein shall not take effect until a copy of the decision, bearing the
certification of the City Clerk that the 20 days have elapsed and no appeal has been
filed, or that, if such appeal has been filed, that is has been dismissed or denied is
recorded in the South Essex Registry of Deeds and indexed under the name of the
owner of record or is recorded and noted on the owner's Certificate of Title.
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VAVD VL ubn.�nv
PETITIONER c�_A
LOCATION ' /
NOTION: TO GkA* SECOND AMENDKENT SECOND
TO DENY SECOND
TO RE-HEAR SECOND
WITHDRAW SECOND
CONTINUE SECOND I
ROLL CALL PRESENT GRANT , DENY AMEND WITHDRAW RE-HEAR CONTINU
NINA Y. COHEN—
Stephen Harr-1-
Joan Boudreau
HichoLm Bel: oea
RICHARD DIONNE ll/
ASSOCIATE MEMBER4
Bonnie Belair n/n
COA'DITIONS:
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