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35 BRIDGE STREET - ZBA 35 BRIDGE STREET (B4) ENT A CAR ENTERPRISE R J J Citn of ztlem, ttssttclTuse t C CITY O( A _CI?. MASS a �nara of peal Ctrr,1's oeFICF DECISION OF THE PETITION OF ENTERPRISE RENT A CAR REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 35 BRIDGE STREET (B-4 ) A hearing on this petition was held July 26, 1995 with the following Board members present: Stephen Touchette, Chairman; Gary Barrett, Albert Hill, Nina Cohen and Arthur LeBrecque. 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, owners of the property request a Variance for a Change in Use (Rent-A-Car) for the property located at 35 Bridge Street. (B-4) The Variance which has been requested may be granted upon a finding of this Board that: 1. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other land, buildings, or structures in the same district. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 3. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogation from the intent of the district or the purpose of the Ordinance. The Board of Appeal, after careful considerations the evidence presented at the hearing, makes the following findings of fact: 1. Dennis Finkel, General Manager for the petitioner appeared on behalf of the petitioner. 2. Petitioner has signed a lease for interior space in the building located at 35 Bridge St. as well as for 3300 square feet of exterior lot space on Lot 233 located on Ferry & Waite Streets. 3. Petitioner's operations will employee a staff of four (4) and will operate Monday - Friday, 8:00 am - 6:00 pm and on Saturday 9:00-12:00. 4. Petitioner's business consists of renting\leasing cars to individuals who are in need of rental cars because of an auto accident of repairs. 5. Witch City Auto Body currently operated out of the 35 Bridge St. property. 6. Petitioner plans to park 12 cars on Lot 233 located on Ferry & Waite St 7. Petitioner will be remodeling interior office space and will do minimal exterior construction. 8. Petitioner will register its vehicles in Salem resulting in additional revenue for excise tax for the City. 9. There was no opposition to the Petitioner's request. 10. Richard Deschamps, 15 Crosby St. & Steven Pelechowicz, 12 Phillips St. spoke in favor of the petition. 11. Petitioner's business will be complimentary to the other businesses in the area. On the basis of the above findings of fact, and on the evidence presented at the hearings, the Board of Appeal concludes as follows: 1. Special conditions exist which especially affect the subject property and not the district in general. DECISION ON THE PETITION OF =:iTERPRISE RENT A CAR FOR A VARIANCE FOR THE PROPERTY LOCATED AT 35 BRIDGE STREET (B4) page two 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substation hardship to the petitioner. 3. Desirable relief can be granted without substantial detriment to public good and without nullifying and substantially derogating from the intent of the district or purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the variance requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statures, ordinances, codes and regulations. 2. Petitioner shall obtain a building permit prior to beginning any construction. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. A Certificate of Inspection is to be obtained. 5. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board, and its Entrance Corridor Overlay District Sign Committee governing issues of exterior signage. Variance Granted 1 July 26, 1995 Gey Gary Barrett, Member 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 the Massachusetts General Laws 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 Massachusetts General Laws 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 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of mord or is recorded and noted on the owner's Certificate of Title. 2:� Board of Appeal n = r z S CD -7):r S mn N CC y cri ;= y Qjitn of �ttiem, ��Httsstttltusetts si �Bottrb of �upeal C= o m a� DECISION ON THE PETITION OF ARTHUR INGEMI FOR FOR A VARIANCE AT 29 BRIDGE STREET (B-2) A hearing on this petition was held September 21, 1994 with the fo$ILwiit Board Members present: Stephen Touchette, Chairman; Gary Barrett, #eplpn O'Grady, Nina Cohen and Albert Hill. 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 00A. Petitioner, owner of the property, are requesting a Variance from front & side setbacks, lot coverage and parking to allow construction of an addition at 29 Bridge Street. This is in a B -2 Zone. The Variances which have been requested may be granted upon a finding by this Board that: 1. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings and structures involved. 2. Literal enforcement of the p:,,.visions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioners. 3. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district of 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. Mr. Dennis Dailey, 6 Waite Street, spoke in favor with exceptions: a. Present allowable patron occupancy will not increase. b. Only residential parking on Waite Street be allowed. c. Enclosure for the restaurant's outside cooler. d. Rear exterior of building to be painted. e. Corral shall be repaired. f. Kitchen exhaust shall be redesigned to substantially reduce airborne particle and exhaust fumes. g. Insert a barrier across the southern end of Waite Street to make it a dead end street. Ward 2 Councillor Kevin Harvey spoke in favor of the petition. 3 . i?r. Francis Bates, 4 Waite Stre€t spoke in favor with the exception that parking was a major concern to him. 4 . Mr. Michael O'Brien, insurance broker for the petitioner, spoke in rt C 07 DECISION ON THE PETITION OF ARTHUR INGEMI c% FOR VARIANCES AT 29 BRIDGE STREET, SALEM page two -� -z favor of the petition only that the building was an insurable piece c.o of property. N L 5. Ms. Evelvn Palardy, 25 Bridge Street spoke and presented a petition in opposition to granting a Variance to the Petitioner. 6. Ms. Sue Murphy spoke in opposition to granting the Variance. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant the variance requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statues, ordinances, codes and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. All construction shall be done as per the plans and dimensions submitted. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. 6. A Certificate of Occupancy is to be obtained. 7. A Certificate of Inspection is to be obtained. 8. A satisfactory site plan review and special permit issued by the Salem Planning Board is required, since this building resides within the entrance corridor to the city. 9. The existing corral on the east side of the building must be satisfactorily be repaired or replaced. 10. Fourteen ( 14) additional parking spaces must be leased from the owner(s) of 38 Bridge Street, Salem. (5 year minimum lease required) 11 --Twenty--four (24) additional must be leased from the owners ) of �=propertu-known -as Lot Number 233, located. at�the corners..of Waite and Ferry-Streets;Salem,• ,lass.Q ( 5-year minimum ease is required) . 12. The kitchen exhaust will be redesigned to emit fumes above abutters properties and also eliminate airborne particle currently emitted from the kitchen exhaust. 13. Current allowable patron occupancy wiil not be increased. o DECISION OF THE PETITION OF ARTHUR INGEMI FOR A _ VARIANCES AT 29 BRIDGE STREET, SALEM page three — a Variances Granted September 21, 1994 v L Albert C. Hill, Member 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 the Massachusetts General Laws 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 Massachusetts General Laws 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 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied is recorded in the South ESseii 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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