37 BRIDGE STREET - ZBA 1 --
37 Bridge Street B-4
John Maye (Petitioner)
B & M Garage (Owner)
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SITY CLERK. SALEM. MASS.
DECISION ON THE PETITION OF JOHN MAYE (PETITIONER) , B & M GARAGE
(OWNER) FOR A SPECIAL PERMIT FOR 37 BRIDGE ST. (B-4)
A hearing on this petition was held September 29, 1987 with the following Board
Members present: James Hacker, Chairman; Messrs. , Bencal, Fleming, Strout and
Associate Members LaBrecque. 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 is requesting a Special Permit to allow premises to be used for the sale
of tropical fish, exotic birds and supplies in this B-4 district. The property is
owned by B & M Garage. '
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
setforth 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 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 careful consideration of the evidence presented and after
viewing the plans, makes the following findings of fact:
1 . There was no opposition;
2. The use is in keeping with the existing business area.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . The proposed use will be in harmony with the existing
district and will promote the convenience and welfare of
the City's inhabitants;
2. The Special Permit requested can be granted without detriment to the
public good and without nullifying or substantially derogating from
the intent of the district or the purpose of the Ordinance.
DECISION ON THE PETITION OF JOHN MAYE (PETITIONER) , B & M GARAGE (OHNER) '
FOR A SPECIAL PERMIT FOR 37 BRIDGE ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the the
Special Permit requested, subject to the following conditions:
1 - All required State and City Licenses be obtained;
'2. Dumpster be emptied on a minimum bi-weekly basis;
3. All requirements of the Salem Fire Prevention Bureau be adhered to;
4. Minimum four (4 ) parking spaces be obtained and kept available for
customers;
5. A Certificate of Inspection be obtained from the Inspector of Buildings.
GRANTED
Peter Strout, Members, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FROM THIS DEC!SION. IF ANY. SHALL BE MADE PURSMANT TO SECTION 17 OF THE MASS
GENERAL LAPIS CHAPTER 808. AND SHALL BE F1ED WITi'M4 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISAN IN THE OFFICE OF THE CITY CLERIC
PUP.SANI TO 1-4WS. CHAPTER 939. SECTID4 11. THE VARIANCE OR SPECIAL FERMAT
CRANTED HEREIN, SHILL NOI 7A6E EFFECT UNTIL A COPY OF THE DECISION. EEARINS THE CERT-
FICATION OF THE CITY CLER., THAT 20 DAYS HAVE ELAPSiD AND No A.PFEAL HAS BEEN FILED.
-R THAT. IF SJ'_F.. A'( APPEAL H;S BEEN FILE, THAI IT H" BEEN DISMISSED CR DENIED IS
RLL,.61ED IN THE SCj'H ESSEX RE., STRY OF DEEDS tiQl INDEXED UNDER THE NA,'.E OF THE OP.IvP
DF RECC.RJ CR IS REC:P,DED AND NOTED CH THE O'NNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL