165 BOSTON STREET - ZBA (3) }- 165 BOSTON STREET
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Legal Nance
CITY OF SALEM
BOARD OF APPEAL
745.9595 Ext.381
Will-hold a public hearing for all
persons interested in the petition sub-
mitted by ROBERT BROPHY JR.
requesting a Special Permit to con-
duct an automobile detailing &
motor vehicle vinyl graphic busi-
ness for property located at 165
BOSTON STREET,B-2.Said hearing
to be held WEDNESDAY,APRIL 24, _
2002 AT 6:30 P.M., 120 WASHING '
TON STREET, 3RD FLOOR,ROOM
313.
Nina Cohen
Chairman
(4/10,17)
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vbrco k CITY OF SALEM, MASSACHUSETTS,)
h�' m BOARD OF APPEAL
Y3 120 WASHINGTON STREET, 3RD FLOOR Fl�+e
�rFo SALEM, MA 01970
TEL. (978) 745-9595
FAX (978) 740-9846
STANLEY J. USOVICZ, JR. 1�;�/'
MAYOR
DECISION ON THE PETITION OF ROBERT BROPHY JR REQUESTING A SPECIAL J
PERMIT FOR THE PROPERTY LOCATED AT 165 BOSTON STREET B-2
A hearing on this petition was held on April 24,2002 with the following Board Members
present: Nina Cohen, Richard Dionne, Stephen Harris, Nicholas Helides and Joan
Boudreau. 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 conduct a detailing and motor vehicle vinyl
graphic business for the property located at 165 Boston Street located in a B-2 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 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:
DECISION ON THE PETITION OF ROBERT BROPHY JR. REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 165 BOSTON STREET B-2
page two
1. Attorney Stephen E. Kiley, of 41-akeview Ave. in Lynn, Ma, represented the
petitioner.
2. Councillor Leonard O'Leary sent a letter in favor of the petition.
3. There was no opposition to the plans.
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 5-0, 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 construction shall be done as per the plans and dimensions submitted and
approved by the Building Inspector.
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
4. A Certificate of Inspection shall be obtained. 7
Special Permit Granted Richard Dionne / S( n,
April 24, 2002 Board of Appeal l
DECISION OF THE PETITION OF ROBERT BROPHY JR REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 165 BOSTON STREET B-2
page three
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.
Citp of baiem, Alassarbusetts
bR Office of the Citp Council
Citp 3�af1
COUNCILLORS-AT-LARGE REGINA R. FLYNN WARD COUNCILLORS
PRESIDENT
2002 2002
LAURA A DeTOMA DEBORAH E. BURKINSHAW CLAUDIA CHUBER
THOMAS H. FUREY CITY CLERK REGINA R. FLYNN
KEVIN R. HARVEY JOAN B.LOVELY
ARTHUR C.SARGENT III LEONARD F. O'LEARY
KIMBERLEY L. DRISCOLL
MICHAEL A.BENCAL
JOSEPH A. O'KEEFE,SR.
April 22, 2002
Ms..Nina V. Cohen, Chairperson
Board of Appeal
City of Salem
Salem, MA 01970
Dear Ms. Cohen & Members of the Board:
I am unable to attend the meeting of the Board of Appeal on April 24, 2002, but I
would like to be recorded as in favor of the petition, of Robert B. Brophy, Jr. for a special
permit to conduct an automobile detailing and motor vehicle vinyl graphics business at
165 Boston Street.
i would ask that the Board give this every consideration and vote to approve this
petition. Thank you for your consideration
,
Yours truly,
� Y
Q4
LEONARD F. O'LEARY
COUNCIL WARD 4
SALEM, MA