4 FLORENCE STREET - ZBA (2) Lniversal®
www.myuniversalop.com
phone:1-866-756-4676
UNV12113
MADE W USA
Zoning Board Project Status Sheet
Address & Applicant: Ll F�o�reClce Ses��
Date Submitted to BOA: /Z�_
Clerk Stamp:
Variances Only - .Constructive Approval Date: (100 days rrom filing)
ET/Abutters List Requested: z
d Abutters Notice Sent: -7S
Notice to Abutting Cities & Towns, Councillors:
V Legal Notice posted at City Hall: (14 days before meeting)
o/,I�egal Notice Emailed & Confirmed: (. S s-
Legal Notice Posted on Web: Z 4 S
Agenda to Applicant: g l S
Applicant's email address or fax number to send agenda:
Opened at Meeting: 5
Continued Meetings:
Extension Form(s) Signed & Clerk Stamped?
Closed at Meeting: S 1
Decision: V) Qx
Decision Filed: Appeal Period Over: I tzta:,y
.• - after(1 • on filed)
-
Decision. Sent to Applicant: S(/3
Cf Notice of Decision Sent to abutters, cities and towns,
councillors:
ZBA,AMON FORM BOARD MEMBERS MOTION SECOND _VOTE
Date: l 5 J f 5 Rebecca Curran (Chair)
Mike Duffy X 1�J
Petitioner: L� �;�o �. �u�g,r, Tom Watkins
u r �1 1 Peter Copelas
Address: Nor%�gr, l2 /PQQ / JimmyTsitsinos
P Jim Hacker(Alt.)
Paul Viecica (Alt.)
Total:
Conditions:
APetitioner shall comply with all city and state statutes, ordinances, codes and regulations.
WAll construction shall be done as per the plans and dimensions submitted to and approved by the Building
Commissioner.
®All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to.
51 Petitioner shall obtain a building permit prior to beginning any construction.
❑ Exterior finishes of the new construction shall be in harmony with the existing structure.
❑ A Certificate of Occupancy is to be obtained.
®A Certificate of Inspection is to be obtained.
❑ Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall display said
number so as to be visible from the street.
Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not
limited to, the Planning Board.
❑Unless this Decision expressly provides otherwise,any zoning relief granted does not empower or
authorize the Petitioner to demolish or reconstruct the structure(s)located on the subject property to an
extent of more than fifty percent(50%)of its floor area or more than fifty percent(50%)of its replacement
cost at the time of destruction. If the structure is demolished by any means to an extent of more than fifty
percent(50%)of its replacement cost or more than fifty percent(50%)of its floor area at the time of
destruction, it shall not
bereconstructedexcept in conformity with the provisions of the Ordinance.
b ' (OAGt, r ons
"MtanI
CITY OF SALEM, MASSACHUSETTS
9
BOARD OF APPEAL
120 WASHINGTON STRhRT 4 SALEM,:MASSACHUSETTS 01970 ..
1ittfNERLEY DRISCOf.t.
'Mir:978-745-9595 e:FAx::.978 740-9846 1)
1LAYoft o
July 29, 2015 Decision
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City of Salem Board of Appeals
rn
Petition of 1-IIPOLITO L. i'vt1DERA seeking a Special Permit requesting relief from Sec. 3p'Tabl$,o Principal and
Acceisvey Use Regtaations of the Salem Zoning Ordinance to allow a change of use from a molar vehicle light service
garage to a motor vehicle body repair shop for the property Iodated at 4 FLORENCE (Map`34 Lot3-03) (I Zoning
District).
A public hearing on theabove Petition was opened on July 15„2015 pursuant to M G.L Ch.40A, ti 11.The hearing
was closed on that date with the following Salem Board of Appeals members present; Peter A. Copelas (Vice-Chair);
James Tsirsinos,Tom Watkins, Mike Duffy,Paul Viccica (alternate).
The Petitioner seeks a Special Permit from the provisions of Sec.3.0 Table of PrimipalandAccessog Use Regulktionr of the
Salem Zoning Ordinance, to a allow a change of use from a motor vehicle light service garage to motor vehicle body
repair shop.
Statements of fact:
1. In the petition date-stamped June 22, 2015,xthe Petitioner requested a Special Permit per Sec. 3.0Table of
Principal aid Arcessog Use RgguIations of the Salem Zoning Ordinance, to allow a change of use from a motor
vehicle light service garage to a motor vehicle body repair shop.
2. Mr.Madera and Mr.La Pointe presents the petition,
3. The petitioner proposes to install a 240.square foot paint spray booth inside and existing auto repair shop.
4. The petitioner proposes to a spray paint booth for light auto bodywork and plastic burnper painting.
5. The entire shop is approximately 1,956 square feet and located in an industrial zoning district.
6. The requested relief,if granted,would allow the petitioner to change the use from a motor velucle light service
garage to a motor vehicle body repair shop.
T At the public hearing,no (0)member of the public spoke inn supporfand.four (4)members spoke in.opposition
to the petition.
8. The Salem Board of Appeals, after careful consideration of die evidence presented at the public hearing; and
after thorough review of the petition,including the application narrative,makes the following findings:
Findings for Special Permit.
1. Social, economic, or community needs served by the proposal have negative impacts on the community with
particular concem for health and welfare of the Cherry Street neighborhood regarding the effects of fumes
from paint and lacquers used to the spray paint booth on the neighborhood. ,
2. There are negative impacts of traffic flow and safety;including parking and loading pertaining to the proposal
3. Adequacy of utilities and other public services will not be.affected. f
1
4, Impacts on the natural environment, including drainage,may be affected from,the effects of ventilation of the p
proposed spray booth.
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City of Salem Board of Appeals
July 29,2015
Project:4 Florence Street
Page 2 of 2
5. The proposal will have negative impacts on the neighborhood character particularly pertaining to health and
welfare regarding the effects of fairies vented from paint and lacquers used in the spray paint booth.
G. Potential fiscal impact;including impact on the City tax base and employment may be positive.
On the basis of the above statements of facts and fundings, the Salem Board of Appeals voted none (0)in favor and five.
(5) opposed, (Peter A. Copelas (Nice-Chair),James 1'sitsmos,Tom Watkins; Mike Duffl;Paul Vicenca (alternate)) to
approve the requested Special Permit to allow a change of use from a motor.vehicle light service garage to a.mmor
vehicle body repair shop subject to the following terms,conditions and safeguards:
Standard:
1. Petitioner shall comply with all city and state statues,ordinances, codes and regulations.
2. All construction shall be done as per the plans and dimensions submitted to, and approved by the Building
Commissioner.
3. All requirements of the Salem Fire Department,relative to smoke and fire safety shall be,strictly adhered to,
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. A Certificate of Inspection is to be obtained.
G. Petitioner is to obtain approval from any City Board or. Commission having jurisdiction including, but not
limited to the Planning Board.
The Board decried the request.
/C 7 P ?11 dh ZIT-
Rebecca Curran, Chair
j
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED tti`ITH THE PLANNING:BOARD-AND THE CITY CLERK.
Appeal from this decision, if any, shallbe made pursuantto Section 17 of the Mas aebusetts General Lome Chapter 4M, and shall be filed within 20
days of hk'ng of this dea.rion in the ofice of the City Clerk: Purrnant to the Mastacfruseas General Laws Chapter 404, Section 11 the f Fanance or
:Speaal Pennitsranted bnein shall not take effect until a apy of the deli ion beanng the certificate qf the Go Clerk has.heen filed with the Essex:South
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CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
_ PETITION FORM
aTM BOARD OOF FAPPEALSgTTS "15 JUN 22 p I: 4S
120 WASHINGTONSfREET,3RDFLOOR
SALEM,MASSACHUSETTS01970 ('1TY GLc'ffi(S ITEM, S
* * ,
ThornseSt.Pierre,Director of Inq)ectionti S3vi. L P915_
Phone 978.8195641/ Fac 97&740.9646 'R E))�. "'"gig
Kmm�uxv DarscoLm Erin Sttk'Effe3,St�f Plauta `
MAYOR Phone 97M19-M/ Fac 978.7404XM JUN 222015
TO THE BOARD OF APPEALS DEP7.OF PLANNING g
The Undersigned/repreresent that he/she iis/are the owners of a certain parcel of land located at�/NN1TM1O rLOPpAEN7
Address: Ll ��r{^tom /frPf'� Zoning District:
An application is being submitted to the Board of Appeal for the following reasou(s): This statement must
describe what you propose to build,the dimensions,the zone property is in,and the zoning requirements.(Example:
I am proposing to construct a 10' x 10' one stay addition to try home located at 3 Saler Lane;in the R-2 Zoning
District The Zoning Ordinance requires the minimum depth of the rear yard to be 30 feet The current depth of my
rear yard is 31 feet;the proposed addition would reduce the depth of the rear yard to 22 feet)
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For this reason I am requesting:
( )Variance(s)from provisions of Section of the Zoning Ordinance,specifically from
(i e. minimum depth of rear yard).
What is allowed is (ft?sgft?stories? %?), and what I
am proposing is (ft?sq Jt?stories?%?).
A Special APemtit under Section of the Zoning Ordinance in order to KX 9 />
i't4+8 , klort 1"IRC4i(' 6/ mt 2L7,k 2ffrnJT
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( )Appeal of the Decision of the Building Inspector(described below):
O Comprehensive Permit for construction of low or moderate income housing(describe below):
Current Property Use: AC' eii.•r Are Lot Dimensions Included?( )Yes ( )No Why?
(Example:Two Family Ho)&)
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and allow
the project to be constructed as per the plans submitted,as the enforcement of said Zoning By-Laws would involve
practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially
derogating from the intent and purpose of the Zoning Ordinance.
MY OF SALEM,MASSACHUSETTS BOARD OF APPEALS
PETITION FORM
The following written statement has been submitted with this application:
( ) For all Variance requests a written Statement of Hardship demonstrating the following must be attached:
a) Special conditions and circumstances that especially affect the land,building,or structure involved,
generally not affecting other lands,buildings,and structures in the same district;
b) Literal enforcement of the provisions of the Ordinance would involved substantial hardship to the
applicant;and
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.
(� For all Special Permit requests a Statement of Grounds must be attached.An application for a special permit for
a nonconforming use or structure shall include a statement demonstrating how the proposed change shall not be
substantially more detrimental than the existing nonconforming use to the neighborhood in accordance with
Section 9.4 Special Permits.Such a statement should include reference to the following criteria:
a) Social,economic,or community needs served by the proposal;
b) Traffic flow and safety,including parking and loading;
c) Adequacy of utilities and other public services;
d) Impacts on the natural environment,including drainage;
e) Neighborhood character,and
f) Potential fiscal impact,including impact on City tax base and employment.
( ) For all Comprehensive Permits for construction of low or moderate income applicants should refer to M.G.L.
Ch.40B§20-23.
Previous applications to the Board of Appeals involving this property have been submitted with this petition
form. The Building Commissioner can provide documentation ofprevious applications to the petitioner or his
representative.
//__ / A J Ifdifferent from petitioner-,
G
Petitioner: s /"Ic(�d en' Property Owner: - "_0 C1 KSJ �v 1 c SJ16 RcjJ+1
Address:
F/QkAV(f 0- N Address: N - r ST. Imr, s Tr�s1
L,
Telephone: q?g- �aq" 06,5,5— Telephone: S y o
Email: t OJA M 0 1 de W4 kV VQ DO.CO" Emai1: .% 0. E 'tse t-C O vv
Signature: i. Sigrature:
Date: !o�� /��5 Date: trached consent tetter acrepta6le) .
IfdWerent from petitioner:
Representative:
Address:
A TRUE
ATTEST Telephone:
Signature:
Date:
CITY CLERK DATE DPCD DATE
This original application must befiled with the City Clerk 1
wrk%,-\ 1 �'L S
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J&G TRANSMISSION
AND AUTO REPAIR 2015 JUN 22 P 1: 41
4 FLORENCE STREET#2 SALEM MA. 01970 7 �LEM , MASS'.
Y
To the members of the
Salem Board of Appeals.
My name is Hipolito L. Madera. I am the proprietor of J&G Transmission and Auto
Repair Located at 4 Florence Street Unit#2. My shop is approximately 1956+or—sq ft
As described in my lease. The building is located off Canal Street behind the Salem Car
Wash in an industrial zoned area consisting of several auto repair businesses as well as
light manufacturing, steel fabrication,and printing shops. I am seeking a Special Permit
under Section 3 of the Zoning Ordinance to erect a self contained paint spray booth
approximately 20'X12' that will occupy approx 240 sq ft of space entirely contained in
my shop with no impact on the neighboring businesses or neighborhood.
The reason for wanting to install the spray booth is that I have many customers
including area used car dealers that have damaged plastic bumpers that they ask me to
replace. Part of that replacement is matching the new bumper color to the existing car
color as well as removal and re-installation of the new bumper. Currently I have to send
the new bumpers out to local auto body shops to be painted;this can take up to a week
depending on how busy they are with their own work. I serve a few taxi companies as
well and they like to keep their cabs looking good for tourists as well as residents of our
City.
The installation of the spray booth will not impact traffic flow,parking, loading,or
safety for the area The installation will be done in strict accordance with State and Local
Codes. I have spoke to the Fire Marshall and have his requirements for installation.
My unit has adequate electrical power and Fire Suppression Sprinklers.
The installation of the Spray booth will not have an impact on the natural
environment of the area It will be entirely enclosed in my shop as well as having an
exhaust fan with filtering device to eradicate any dust or fumes from painting.
As stated earlier this will have no impact on the neighborhood character.
The only fiscal impact this will have on the city will be that I have purchased
equipment that will need yearly permits to operate as well as taxes paid for equipment.
Hopefully it may lead to hiring a full time employee to help with the extra income this
will generate.
Respectfiilly Submitted.
CITU O SALEM
ZONING BOARD OF APPEALS I -
Will hold a public hearing for all I
Persons interested in the petition
Of HIPOLITO L. MADERA seeking
a Special Permit requesting relief
from Sec.3.0 Table of Principal and
Accessory Use Regulations of the
Salem Zoning Ordinance to allow a
change of use from a motor vehicle
light service garage to a motor vehi-
cle body repair shop for the property
.located at 4 FLORENCE(Map 34 Lot
103)If Zoning District).
Said hearing will be held on WED,
July 15,2015 at 6:30 p.m.,3rd floor
120 WASHINGTON ST,ROOM 313 '
Rebecca Curran,Chair
'ASN-7/1,7/8/15
Board of Appeals
e
CITY OF SALEM, MASSACHUSETTS
1
g 3ff Z-7
. i BOARD OF APPEAL
i
uN 00 P 12: JA
/ 120 WASHINGTON STREET• SALEM,MASSACHUSETTS 01970
�M1NB�j TELE:978-619-5685 FAX:978-740-0404 FILE 0
KimmRLEYDRISCOLL 91TY CLEA i, SALEM.MASS.
MAYOR
City of Salem
Zoning Board of Appeals
Will hold a public hearing for all persons interested in the petition of HIPOLITO L. MADERA seeking a
Special Permit requesting relief from Sec. 3.0 Table of Principal and Accessory Use Regulations of the
Salem Zoning Ordinance to allow a change of use from a motor vehicle light service garage to a motor
vehicle body repair shop for the property located at 4 FLORENCE (Map 34 Lot 103) (I Zoning District).
Said hearing will be held on WED,July 15, 2015 at 6:30 p.m., 3 a floor, 120 WASHINGTON ST, ROOM
313.
Rebecca Curran, Chair
Board of Appeals
Salem News: 7/1/2015 & 7/8/2015
This notice posted,on "Official Bulletin Board"
City Hall, Salem, Mass. on JUN 2 g 2015
at !L%/9 Ph in accordance with MGL Chap. 30A,
Sections 18-25.