20 BROADWAY - ZBA (2) 20 Broadway (I) .
Michael Cormier/Paul
Beaupre (Petitioners)
George Feeney (Owner) ! � � N\
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2—C�
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171 the year one lbousand nine hundred and eighty-six
l (i)r�(rid2trp a--mending the City of Salem Zoning Ordinance relative to accessory
buildings
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Be it ordained by the City Council of,tbe City of Salem, as follows:
c PfliDn I. Delete the following frog Section VII-H, 3, of the Salem Zoning
Ordinance:
3. -No unattached accessory building or structure shall be located nearer than
ten feet to any side lnt line (side lots in this instance refer to a
projected line starting from the front lot line and to rinating at the rear lot
line oarallel ten from e s
ffthide, or twenty feet from the rear lot line) . "
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SECTION TWO: Add the following to Section VIZ-H, 3, of the Salem" Zon_=ng
Ordinance :
3. No unattached accessory building or structure shall be located nearer than
five (5) feet to any side lot line (side lots in this instance refer to a
projected line starting from the front lot line terminating at the-rear
lot line parallel five (5) feet from the side) , or five (5) feet from rear
lot line. The building area of such building or structure, excluding garages ,
shall not exceed 1% of the lot area, or 120 sc_uare feet, whichever is greater,
and shall not be located closer. than ten (10) feet to any other building on
the safe lot Q.F any abutting lot. "
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n� ari with Pla.*u±i. g S :rd held July 17, 1986
Joan- h'Lb1ic I—� n3
Public Heaarirg Advertised July 2 & 9, 1986
in City Cau.*y--it Septarber 4, 1986
3oDte_1 for f„"st pass.-age i
ge by a unanrous roll call Vote Of 11 yeas, 0 nsys, 0 absent
,;ve-tised in the Salm Evening Nes on Septemtlpr 10, 1986 �
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P=TEST: Jos=;: M\E R. FUSCO
MY CIFR
r Ctu of ,'5ttfem, u�sttc u$etts
�> s
4F PAMTD of '4PVd
DECISION ON THE PETITION OF MICHAEL CORMIER & PAUL BEAUPRE
FOR A SPECIAL PERMIT FOR 20 BROADWAY
( f'R.4St.�y.
A hearing on this petition was held JuneldEK, 9- 8, eo'ollowing Board Members
present: Edward Luzinski, Vice Chairmahrs. , Bencal, Fleming and Strout.
Notice of the hearing was sent to abuttfefifid others and notices of the hearing
were properly published in the Salem Ev"CtfCgW�. dance with Massachusetts
General Laws Chapter 40A. �6.
Petitioners are requesting a Special Permit to allow a miniature golf course in
this Industrial district. The property is owned by George Feeney.
The provisions 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
set forth in Section VIII F and IX D, grant Special Permits for alterations
and reconstruction of nonconforming structures, and for changes, enlarge-
ment, 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. Develocment of a business of this property would be a
substantial improvement to the neighborhood.
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 . The Special Permit can be granted without substantial detriment to the
neighborhood and will be in harmony with the district.
2. The granting of the Special Permit will promote the public health,
safety, convenience and welfare of the City's inhabitants.
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DECISION ON THE PETITION OF MICHAEL CORMIER & PAUL BEAUPRE
FOR A SPECIAL PERMIT FOR 20 BROADWAY, SALEM
PAGE TWO
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the Special
Permit requested, subject to the following conditions:
1 . A minimum of twenty six (26) parking spaces be maintained in the
frontof the miniature golf course;
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2. Lighting is to placed so as to be directed towards the golf course;
3. Size of course is restricted to plans submitted to the Board.
SPECIAL PERMIT GRANTED
Peter Strout, Member, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FRX THIS DE',:I-ION, I. A..'vY. SH.-.'L BE MADE PURSUANT TO SECTION 17 OF THE
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GENERAL LAV.S. CHAPTER 292. ANO SH'.LL BE F!:EG Si!TWN 20 DAYS AFTER THE DATE OF FILH2
OF TIIIS 9E?IS4s;t I% THE CFFlU OF Tf',E CITY CLERK.
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. Cti. En" S2 3. SEr;._R ]1. THE VAF.IAi;CE OP SPECIAL rEP.977
„ SH4LL I.?f T'-...F IJUIL A CCF. 2F .-HE =R-
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FICF.TUi,' CF THE =1T1 CLLR: 1—AT LS.:.='iS HA'vE E�y F£ED'i.il7 li;i,Ar PEA' HI-S BEE: FILED,
OR THAT, IF SGJH EN APPEAL HASFIRA;
E. TT IT H.,S SEEN 01s1';-'SED OR DE! IS
RECORDED IN THE SO CTH ESSEX RE51STRo OF DEEDS A;�D INDEXED U>:OER THE NA..iE OF THE OV.'NER
QF RECORD OR IS RECGRDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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REV. BY B.O.A. 1984
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NOS. NOT USED 6,208
549,500 N
% 762,500ELAST NR USED 222
City of Salem 15 25 34
\ 'Assessor' s Map 24
F SALEM
Lots 209 & 210
14 .. .24_. 3-3
CONTROL !