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234 BRIDGE STREET - ZBA 234 BRIDGE STREET mY - WITCH CITY CYCLES �a 0 d Cty of , zclem, � ussttCljusPtts j s Pourb of Au}ieul , 4 JUL 28 1 24 FSI 91 CIT`' ;ALF ' . . MASS Ct ! f'K'S CTFICF DECISION ON THE PETITION OF WITCH CITY CYCLES FOR A VARIANCE\SPECIAL PERMIT AT 234 BRIDGE STREET (B-5) A hearing on this petition was held July 16, 1997 with the following Board Members present: Gary Barrett, Chairman; Nina Cohen, Richard Dionne, Joseph Ywuc 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 40A. Petitioner, Gregory O'Soro, represented by Atty. Mario C. Capano is requesting Variance\Special Permit for a Change in Use to use the land and building for the sale and servicing of new and used motorcycles for the property located at 234 Bridge Street. The Variance\Special Permit which had been requested may be granted upon a finding of the Board that: 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 structures 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 at the hearing and after viewing the plans, makes the following findings of fact: I. No one spoke in favor of the petition. 2. The immediate abutters, Robert Guerriero, Frances Korzeniewski and Victoria Kulik all of 1 Washington Street spoke in opposition to the petition. 3. Atty. Mario C. Capano requested grant leave to withdraw the Special Permit without prejudice, the request was granted by a vote of 5-0. DECISION ON THE PETITION OF WITCH CITY CYCLES FOR VARIANCE\SPECIAL PERMIT AT 234 BRIDGE STREET, SALEM page two JUL Z8 2 F� '97 On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as fo110ATs:O; .,ALt.N rASS C! FR K'S OFF;CF 1 . Special conditions do not exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would not involve substantial hardship to the petitioner. 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted five (5) - zero (0) in opposition to the motion to grant, having failed to garner the required four affirmative votes to pass, the motion is defeated and the petition is denied. VARIANCE DENIED July 16, 1997 9,2 Z Albert C. Hill, Jr. 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 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 20 DAYS HAVE PASSED 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 RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. BOARD OF APPEAL Ctu of "'14ttlem, 41tsoadjusetts '�4 �nttra of �p}iettl r JULY 28, 1997 YOU ARE HEREBY NOTIFIED THAT AS OF JULY 28, 1997 THE DECISION OF THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE CITY CLERK TO DENY THE PETITION OF WITCH CITY CYCLES REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 234 BRIDGE STREET. PETITION DENIED BOARD 1OATAGH FAPPE� �3ALLLLLYY�J CLERK OF THE BOARD 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/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 record or is recorded and noted on the owner's Certificate of title. Board of Appeal DATE - - r..--._i•:G ��'{�/� '� PETITIONER x LOCATION d 2 POTION: 7j GRANT t7SECnNC AN:ENDP7 SECOND TO DENT SECOND TO RE-HEAR SECOND WITHDRAW SECOND CONTINUE SECOND ROLL CALL PRESEi:T GRANT DENY = :E::D w-ITHDRA4; RE-HEAR CC GARY i:. BARRETT ALBERT C. HILL JOSEPH YWU NINA V. COHEN RICHARD DIONNE ASSOCIATE i•'7-r:BERS ARTHUR LZBRECC,UE PAUL VALASIiATGIS CONDITIONS: C C c r Ca APPEAL CASE NO. . . . . . . . . . . . . . e. 12:jS n Tli'7�2� c`Iisss��#lii$ 8 Bnarb ai Aupzal TO THE BOARD OF APPEAL: corporation, by its authorized representatives The Undersigned represent that lj$ xk*V54Xit the owners of a certain arcel o located at: .. ...?�• -4 -•Br• • '• f land �3@. .. ... ... ...Street; Zoning District. ..••. • ....... and said parcel is affected by Section(s)......•' ___ ....� State Building (Undersigned is Potential Code. ( g ""' • of the Massachusetts ntial Lessee of the property, with the permission of owner for this Petition. ) Plans describing the work proposed have been submitted to the Inspector of Buildings in accordance with Section I% A.1 of the Zoning Ordinance. m LUm= N cm Lu O 07 Direct Appeal O 6m ujC=31 UjC3 Ina Wy �.25 _3 F The Application for Permit was denied by the Inspector of Buildings for the following reasou(s): Direct Appeal The Undersigned hereby petitions the Board of Appeal to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the enforcement of said hZoning th Byto ws and Building Code would involve practical difficult or P e Undersigned and relief may be granted without substantially derogating ecessary from the intent dad purpose of the Zoning Ordinance and Building Code for the follow- ing reasons: Petitioner intends to use the land and building at above location for the sale and sere Cthe rrg and used of new motorcycles . q Petitioner requests a Variance/Special Permit for a Change of Use North Shore Taxi Inc. owner Mable Beliveau Pres. Address. Atty. Michael Spl_aine Telephone.. . (508) 927-5956 . .............. Peeitio Witch City Cycles j(C'' pp b. . r l�ommondgm....... Date.. June 25, 1997 Address... . . . :r Lynn MA 01902 ............. "" """ (6.17 ) 599-6056 "" Telephone. . . .. dd By . .. /T� 1 Three co - '• G�•..........�.�S" ... pies. of the application must be filed with the Gregory 0 SOro, President with a check, for advertising in the amount of S •.•.•Secretary of the Board of Appeal tbe- af• peal. Check naya6re to tfie Ss.., Ev four weeks prior to the enwg Nexa. PFTITION TO BOARD OF APPEALS LOCATION J430 MaJIUS 234 Bridge Street, Salem MA 01970 . 1: fe, IM's? 01 dS VIA 1'eeitionipr. . Witch City Cycles, Inc. Addres 51 Boxford Road. . O3V13331i , . _ .22AN,M3JAt I0 YT13 . • • _ . •Ipswich MA' 0133$" " IFVNOITIONS . . . . . . . . . . I . . . . . . . . . . . . PETITION ipf'ROVEI). . . . . . . . bliNlEI). . . . . . . . . . . . . ( ) IlaLe: . . 19. . . . . APPEAL CASE NO. . . . . . Boarb of u�rPn! TO THE BOARD OF APPEAL. ` The undersigned re resent that corporation, by its authorized representatives p J9KiGi[CXk3o6@xtt the owners of a certain parcel of land located at:. . . ..?, A-Bp clqQ . - .. , _,Street; Zoning District.Q,i .. ......... . and said parcel is affected by Section(s)........ ... . . . . . . .. . . . of the Massachusett...s State Building Code. (Undersigned is potential Lessee of the property, with the permission of owner for this Petition, ) a- elansf•descrj#ing the work proposed have been submitted to the Inspector of Buildings n acE dan a with Section I% A.1 of the Zoning Ordinance. 1LA 0 � o N- -tai 0... UJ G L>H Direct Appeal J. W.Lu n cwc> a R� 1 r �s s mn Application for Permit was denied by the inspector of Buildings for the foow�g The (s): Direct Appeal The Undersigned hereby petitions the Board of Appeal to vary the terms of the Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the a Salem Zoning application fee permit to build as filed, as the enforcement of said g By-laws and Building Code would involve practical difficultyor hardship to the Undersigned and relief may be granted without substantially from unnecessary is: and purpose of the Zoning Ordinance and Building y e follow- Petitioner Ing reasons: Bating ing Code for the follow- Petitioner intends to use the land and building at the above location for the sale and servir�g�f new and used motorcycles . Petitioner requests a Variance/Special Permit for a Change of Use North Shore Taxi Inc. Owner.Mable Bel ' Pres. ............ Address. AttY.. Michael Splain...e Telephone. f508 ) 927-5956 Petit * Witch Citi •••• /p, . .M..i..� Cycles June 25 Address .. r �ommond 116" Dace. . .. , 1997 .........:! Lynn MA 01902 " •••. (617 ) 5b..... 6 Teleoi ne. , By ..1. . . . . . f. ...... .S clt. Three copies of the a Gregory A, O'Soro, President with a check, for adverlicatiosing nnmhe amost be unt of with the ® ate rbc S�d!� ;• ••-••Secretary of the Board of Appeal Appeal. Check papa6Ie to tfie Mr m FW four weeks prior to the ening, Hees. PETITION TO BOARD OF APPEALS ,T930 011t4 IU8 LOCATION 234 Bridge Street, Salem MA 01=97` a 0 01 a S'� . . . . . . . . . . . . . . . . . . Petiuon r. . witch City Cycles, IncnV1333fl Addres 51 Boxfor- - - - - oad" • ,?2At '3d?JA2 10 YT19 . . . . . _ _Ipswich MA 01J38 (FQNDITION.S , . . . . . . � • - . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , PETITION JPPROVED. . - Uale: . • . 19. . . . . 06/09/1997 14: 19 5087450450 TACHE REAL ESTATE PAGE 06 r I ' rn pAf i E< l<�NG 40 r 1 B4 K • 0057 S t11hIN c � 1,,4Lh _ -- T r L �_ Attachment 1 : . PT,tl'gs(nil Drina 78oringloc:cCions NOJ SCAIJ, Boring il: Iq(ptin1R` p(' i\ N • It 1 , t. t �(�e �Contutottivea�th of 311a05a0t►oetto vani c, William Francis Galvin Secretary of the Commonwealth One Ashburton Place, Boston, Massachusetts 02108-1512 ARTICLES OF ORGANIZATION (Under G.L Ch. 1566), :nne ARTICLE I approved The name of the corporation is: Witch City Cycles, Inc. ARTICLE Il The purpose of the corporation is to engage in the following business activities: '.. To manufacture, build, repair, construct, lease, buy/sell, deal in, deal with, prepare for market and to market second hand motor vehicles, including motorcycles, including parts therefor and to enter into any contracts for the purposes of such business. To do all and everything necessary, suitable, convenient, or proper for the accomplishment of any of the foregoing, or the attainment of any one or more of the purposes and to have and exercise all the powers conferred by the laws of the Commonwealth of Massachusetts upon corporations formed under the laws of the Commonwealth of Massachusetts. p C ❑ P ❑ M R.A. ❑ 5' Note:If the space provided under any article or Item on this form is insufficient,additions shall he set forth on r. separate 8 1/2 x 11 sheets of paper with a left margin of at least 1 Inch.Additions to more than one article nunhe made on a single sheet so long as each article requiring each addition is clearly indicated. it SHEET 5A WITCH CITY CYCLES. INC Any stockholder, including the heirs, assigns, executors or administrator of a deceased stockholder, desiring to sell or transfer such stock owned by him or them, shall first offer it to the corporation through the Board of Directors, in the manner following: He shall notify the directors of his desire to sell or transfer by notice in writing, which notice'shall contain the price at which he is willing to sell or transfer and the name of on arbitrator. The directors shall within thirty days thereafter either accept the offer, or by notice to him in writing name a second arbitrator and these two shall name a third. It shall then be the duty of the arbitrators to ascertain the value of the stock, and if any arbitrator shall neglect or refuse to appear at any meeting appointed by the arbitrators, a majority may act in the absence of such arbitrator. After the acceptance of the offer, or the report of the arbitrators as to the value of the stock, the directors shall have thirty days within which to purchase the same at such valuation, but if at the expiration of thirty days, the corporation shall not have exercised the right so to purchase the owner of the stock shall be at liberty to dispose of the same in any manner he may see fit. No shares of stock shall be sold or transferred on the books of the corporation until these provisions have been complied with but the Board of Directors may in any particular instance waive the requirement. FdOFFICE WPWIMWPDOCS�OS06y97SHEETSA.NPD - rr ARTICLE VII The effenive dale of organization of the corporation shall be the date approved and fled by the Secrcury of duc Con uit)nwcaldi, If a later EFFECTIVE DATE is desired,specify such date which shall not be snore than rbMy days after the date of fling. July 1 , 1997 1'he information contained in ARTICLE\111 is NOT a PERMANENT part of the Articles of Organization and may be changed ONLY by fling tI, appropriate form provided therefor. ARTICLE VIII a.The street address of the corporation IN MASSACHUSETTS is:(post office boxes are not acceptable) 234 Bridge Street, Salem MA 01970 b.The time,residence and post office address(if different)of the directors and officers of the corporation are: NAME RESIDENCE POST OFFICE ADDRESS President: Gregory A. O' Soro 51 Boxford Road same Ipswich MA 01938 Treasurer: Gregory A. O' Soro Same as above same Clerk F.Paul Hatch 95 Bayview Avenue same Lynn MA 01902 Directors: Gregory A. O ' Soro same same F. Paul Hatch same same c.The fiscal year(i.e.,tax year)of the corporation shall end on the last day of the month of: December d.The name and BUSINESS address of the RESIDENT AGENT of the corporation,if any,is: not applicable ARTICLE IX By-laws of the corporation have been duly adopted and the president,treasurer,clerk and directors whose names are set forth above,have been duly elected. IN WITNESS WHEREOF and under the pains and penalties of perjury,I/WE,whose signatures)appear below as incorporator(s)and whose names and business or residential addresses)ARE CLEARLY TYPED OR PRINTED beneath each signature do hereby associate with the intention of fomung this corporation under the provisions of General Laws Chapter 156B and do hereby sign these Articles of Organization as incorpomtor(s)this 3rd day of June 19 97 Grego y A 1/O' Soro Note. If an existing corporation Is acting as incorporator,type in the exact name of the corporation,the state or other jurisdic- tion where it was incorporated, the narne of the person signing on behalf of said corporation and the title he/she holds or otter authority by which such action is taken. ARTICLE III The types and classes of clock and the Intal number of shares and par value,if any,of each typ:and class of swck which the corporation is at horiwd to issue is as follows: WITHOUT PAR VALUE STOCKS VITTH PAR VALUE STOCKS TYPE NUMBER OF SHARES =PREFERRED PAR VAI 1IF: CO\tA10N: 20, 000 .00 PREFERRED: ARTICLE LV If more than one class of stock is authorized,state a distinguishing designation for each chis. Prior to the issuance of any shares of a class,if shares of another class are outstanding,the corporation must provide a description of the preferences,voting powers,qualifications,and special or relative rights or privileges of that class and of each other class of which shares are outstanding and of each series then established within any class. Not Applicable ARTICLE V The restrictions,if any,imposed by the Articles of Organization upon the . rgawa p transfer of shares of nock of any class are. Sheet 5A ARTICLE VI Odter lawful provisions, if any, for the conduct and regulation of the business and affairs of the corporation, for its voluntary dissolution,or for limiting,defining, or regulating the powers of the corporation,or of its directors or stockholders,or of any class of stockholders: (If there are no provisions state "None' None Note:The preceding six(6)articles are considered to be permmnent and may ONLY be changed by Ming appropriate Articles of Amendment. THE COMMONWEALTH OF MASSACIMSEM ARTICLES OF ORGAMZATI0M 1 ,",°' _ GENERAL LAWS, CHAPTER 15611, SECTION 12 1 hereby certify that,upon examination of these articles of organiza tion,duly submitted to me,it appears that the provisions of the General hws relative to the organization of corporations have been complied w;lh,and 1 hereby approve said articles;and the filing fee in the amount of$rJ90 aving been paid, said articles are deemed to have been filed with me this C:v day of _ rir 19 F cclire date -7/1/1 7� William Francis Galvin Secretar}- of the Cotntnonwealth FMING FEE:One tenth enth of one percent of the total authorized capital stock,but not less than$200.00.For the purpose of filing.shares of stock with a par value less than one dollar,or no par stock shall be deemed to have a par value of one dollar per share. - PHOTOCOPY OF ARTICLES OF ORGANIZATION TO BE SENT TO: Atty. Mario C. Capano CAPANO & DEJOIE 101 No. Common Street (617 ) 594-60x6 Telephone