100-102 BOSTON STREET - ZBA (4) i 00°°1 b2 LBS�'ON �fi B��
Gary Nadeau
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DECISION ON THE PETITION OF GARY A. NADEAU FOR ACMCLIalzN'b OFFICE
PERMIT FOR 100-102 BOSTON STREET (B-2 S R-4) - SALEM, MASS. .
A hearing on this petition was held on January 21 , 1987 with the following
F Board Members present; James Hacker, Chairman; Messrs. Fleming, Luzinski
and Strout. Notice of the hearing was sent to abutters and others and
j 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, represented by Attorney Phillip Moran, is requesting a Special
Permit to operate a used car sales business. The intended use is not allowed
by section V5 of the Salem Zoning Ordinance. The location of the site in
N` 'question is located for the most part in a B-2 District, and partially in an R-2'-
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:
r Notwithstanding anything to the contrary appearing in this Ordinance, the Board
r of Appeal may, in accordance with the procedure and conditions set forth in
! Section VIII F and IR D, grant Special Permits for alterations and reconstruction
of nonconformaing structures, and for changes, enlargement , extension or expansion
nonconforming lots, land, structures,and uses, provided, however, that such _. -
_, change, extension,. enlargement or-expansion shall not be substantially more
detrimentAlthan 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 of Appeal, after consideration of the evidence presented at the public
hearing, makes the following findings of fact:
1 . No one other than the petitioner, spoke in favor of the petition.
The petitioner was opposed by Raymond Morton, representing the
abutting property, belonging to the Ancient Order of Hibernigns.
3. The petition was opposed by the City Planner, Gerald Kavanaugh, on
the basis that Boston Street was an entrance corridor to the City
and that the type of business proposed by the petitioner was not
proper for said entrance corridor.
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 . The proposed addition will be substantially more detrimental to
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the neighborhood.
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v DECISION ON THE PETITION OF GARY A. NADEAU FOR A SPECIAL PERMIT-
-c FOR 100-102 BOSTON STREET
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_ 1 . The proposed addition will not promote the convenience and welfare
of the city's inhabitants;
e Zoning Board of Appeal voted unamimousl 4-0 to den the
F`Therefore the Y, Y
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granting of the Special Permit.
SPECIAL PERMIT DENIED "
James M Fleming, Esq.
Member, Board of Appeal
7!�A:wxCOPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
" '.1F• �qIT n r
APPEAL FROM THIS DE�Io1::N, :� �':'f, SHALL BE MAX PURSUANT TO SECTI ' 17 OF iI:E i.
_ GENERAL LAWS. CHAPTER 808. AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE Oi FiLr.J
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
- _ - - PURSAtiT TO i.IASS. GEi:EBA!" U,1:S. C�,t'7ER 8i8, S`_CTION 11. THE VARIA":CE CS SPi.C!EL FL'. :!?
_ CRANieD hERFI;;. SHALL ir':S 'i>.'E EF ZJ UNTIL A COPY OF THE OECtCL:N. EEAF.'il THE Ci.'
FICATION CF THE C!Tf GLER-< FHA' %'7 !?A,Z HAVE ELAFSEO ^19 N: APPEA! HAS BEEN, FH O.
OR THAT. iF'Su.Y NIi AP^:AL"H:S bC rILE :'r;Ai IT N'�S d=EN DIS`?IS:iED CR (i::::CJ IS _ . . ._
RECOi..W,' iN TH_ S,J:H ESSE. RE'JS;''+f OF ',E: : =I:O INDEXED UNDER THE t:AYic tF il- . .
OF REDLRD OR IS RECORDED AND N07EJ GN TFi: O..NER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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