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CITY OF SALEM MASSACHUSETTS
BOARD OF APPEAL
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March 6, 2013
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Decision ins.-, Cr
City of Salem Zoning Board of Appeals in D
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Relative to the Petition of ROBERT F CUMMINGS, JR,_appealing the Jun 12, 20W?, cease and
desist order issued by the Assistant Building Inspector relative to the property Watedixt 146 Bridge
Street (R2 Zoning District).
A public hearing on the above Petition was opened on February 20, 2013 pursuant to Mass General Law Ch.
40A, 5 11. The hearing was closed on February 20, 2013 With the following Zoning Board of Appeals
members present: Rebecca Curran (Chair), Annie Harris, Richard Dionne, Tom Watkins, jimmy Tsitsinos
(Alternate) and David Eppley (Alternate).
Statements of fact:
1. Petitioner Robert F. Cummings JR., filed and presented a pennon appealing the cease and desist order
dated June 12, 2012 ("Order") relative to property located at 146 Bridge Street.
2. In the petition packet, dated Jarman, 29, 2013, the petitioner submitted evidence supporting his
Appeal.
3. According to the petitioner, the issues being raised by neighbors concerning noise are more a matter
of disgruntled neighbors then a zoning violation.
4
4. At the hearing, the Building Comnussioner and the Board of Appeals noted that the property- had a
long history of grandfathered pre-existing nonconforming uses. Based upon the discussion of prior
uses of the property, the use of the garages for storage and parking of vehicle was determined to be a
grandfathered use.
5. There were a number of Salem residents present at the public hearing that spoke in favor and against
the petitioner's requested appeal. No written comments from the public were received prior to the
public hearing.
The Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after
thorough review of the petition submitted, makes the following findings:
1. While the use of the garages on the property for the storage or parking of vehicles is a legally existing
nonconforming use, automotive repairs including those requiring excessive idling and engine revving
arc not permitted on the property.
2. The desired Appeal of the cease and desist order can not be granted without causing detriment to the
public good and without nullifying or substantially derogating the authority, purpose, and scope of the
City of Salem Zoning Ordinances.
Salem Board of Appeals
March 6, 2013
Project: 146 Bridge Street
Page 2 of 2
On the basis of the above findings of fact and all evidence presented at the public hearing including, but not
Limited to, the documents and testimony, the Zoning Board of Appeals concludes:
1. The cease and desist order issued by the Building Conuinssioner is upheld as no outside automotive
repair including, idling and revving vehicles, is permitted on the property; provided, however that the
use of the garage for storage and vehicle parking is a grandfathered pre-existing nonconforming use
that may continue on the property.
In consideration of the above, the Salem Board of Appeals voted to deny the requested Appeal, five (5) in
favor (Ms. Curran (Chair), w1s. Harris, Mr. Dionne, Mr. Watkins, Mr. F_'pplet- (Alternate) and Mr. Tsitsinos
(Alternate) and none (0) opposed.
)
Rebecca Curran, Chair L
Board of Appeals
\COPYOFJI-IIS DISCISI()N I\$µFEN FILDD WITH'1l HE PLANNING BOARD AND'I'lib:CI fYCLUUi
Appeal from this decision, if aigt shall be#Jade pursuant to Sexton 17 tf the dlaffa hasetts General Laws Chapter 40A, and shall be liled wilbat 20
days of filing of thnf decision in the affire of lbe CID, Clerk. Pursuant to lbe dlassad isetts General Laws Chapter 40A, Section 11, the 1"ariame or
.S'pedal Peroeitgranied herein shall not lake e_hed until a opi,of the deasior hearing the tem male o_/the Ciiyr Clerk has been filed will)the Essex Bomb
Regnntg of Deed,.
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QTY OF SALEM, MASSACHUSETTS
BUILDING DEPARTMENT
120 WASHINGTON STREET,3RD FLOOR
TEL. (978) 745-9595
KIMBERLEY DRISCOLL FAx(978) 740-9846
MAYOR THOMAS STTIERRE
DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER
Zoning Violation
146 Bridge Street
June 12, 2012
Robert and Lauren Cummings
176 Pine Street
Danvers, Massachusetts 01923
Pursuant to our phone conversation on the morning of June 8, 2012, you are hereby ordered to
immediately cease and desist any and all operations in the rear garage of the above mentioned property.
As previously stated to you this office received a complaint regarding your property located at 146 Bridge
Street, specifically relating to the accessory building(garage) at the rear of the property, the complaint
was investigated on Tuesday, May 15th, 2012, and your property was found to be in violation of the City
of Salem Zoning Ordinance: your property is located in a"Residential Two Zone"(R2), use of the
accessory building shall be solely related to residential building. Additionally per Salem City Ordinance:
Article 1, Section 22-2, Noises Enumerated, subsection (6):
Vehicle or motorboat repairs and testing- Repairing, rebuilding, tnodifying or testing anv motor vehicle,
motorcycle or motorboat in such a manner as to cause a noise disturbance across a residential real
property boundmy. A11 Building Inspectors, in addition to Police Officers, shall be enforcing persons for
the purposes of this subsection.
Under the Authority of the Afass. State Building Code 780 C IR section 104.6, re-inspection of the property
is scheduled for Thursday June 21st at 10:00 A.dL
If you feel you are aggrieved by this zoning interpretation,your Appeal is to the Salem Zoning Board of
Appeals. If you feel you are aggrieved by the Building code sections,your Appeal is to the Board of Buildings,
Regulations and Standards in Boston.
Michael Lutrzykowski s%/
Assistant Building Inspector
Cc Jason Silva, Fire Prevention, Health Department