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7 FLORENCE STREET - ZBA o r�...�.c.�, S�- �T -- -- _ - --- \ - -- 08/08/2012 13:40 9787418509 THE LIPS STORE PAGE 04/06 ;k QTY OF SALEM, NIASSA04LTSEM i% u BUILO.TNG DEPARTMENT 0` o 120 WASHINGTON STREET,3"r FLOOR ' =% •/, TEL.(978) 745-9595 W FAX(978) 740-9846 KIMBERLEY DRISC OLL MAYOR `(Y3RE OMAS ST.PIER DIRECTOROP PiT13LICPR0PF,RTY/BUILDING COMMISSIONER RECD 1; 2012 ucet�sl�: July 11: 2012 City of Salem Licensing Board Chicf Robert StYierrc-Chair 93 Washington Street Salem Ma, 01970 R.E Salter Motor Spons•7 Florence Street Dear Chair and Board Members, This letter is a response to the issue of whether the occasional sale of a restored classic automobile at the site conforms with the legal non-conforming use of this site. Salter Motor Sports L.L.C. owns and operates 7 Pl.orence Street,a commercial warehouse building. The owner is engaged in the business of warehousing classic cars in the building as well as restoring classic cars within the building and on an individual basis.It was agreed that a spray booth would .rot be allowed. . I understand that Salter Motor Sports has applied for a used car license in order to obtain" dealer plates"so that a restored vehicle could be legally driven on the street .I also have read the restrictions the Licensing Board has placed on.the license. it is my opinion that the occasional sale of a classic restored vebicle on site and by appointment only,tits within the nature and purpose of the commercial use permitted at the site.There should be little if any im.)act to the abutters and the intensity of the use docs not change by the occasional test drive of a vehicle conducted by appointment only. The additional use does not increase the equipment or number of employees. T do agree that any expansion of the limited used car License,beyoird what was described by the Licensing Board, would not be allowed without appropriate zoning relief Sin rely �,��Q Thomas St.Pierre 'CARMODYk TORRANCE Carmody&Torrance LLP • Attorneys at Law Joseph A. Wellington Waterbury • New Haven • Southbury Partner Direct:203-575-2613 jwellington@carmodylaw.com September 24, 2012 VIA FEDERAL EXPRESS 4 -L mss, Ms. Danielle McKnight SEP 2 6 2012 City Hall Annex 120 Washington Street, 3`d Floor DEPT. OF PLANNNNG(. Salem, Massachusetts 01970 COMMUNny DEVELOF=MEW Re: Appeal of Mrs. Joanne Higgins in the matter of the issuance of a Class II Used Automobile Sales License to the owner of 7 Florence Street, Salem, Massachusetts for the purpose of authorizing motor vehicle restoration work at a parcel that is zoned R2 Dear Ms. McKnight: This letter is provided in response to your request for clarification of the Appeal Board's jurisdiction to hear the issues raised by the subject appeal. The Board has jurisdiction to hear and decide appeals as provided in Chapter 40A of the General Laws. Section 15 of that chapter authorizes appeals to local permit granting authorities where a person is aggrieved by a decision of a local inspector of buildings or other administrative official. Mrs. Higgins is aggrieved by the decisions of the Salem Building Commissioner (the "Commissioner") that are contained in his July 11, 2012 letter to the Salem Licensing Board. This is so because: (i) The property that is the subject of the appeal (the "Parcel") is zoned R2. (ii) The Board of Appeals approved a variance for the Parcel on April 25, 2001 which limits its non-residential use to "office and construction warehousing" (the "Variance"). (iii) The Parcel's current owner sought a Class II used auto dealer's license from the Salem Licensing Board for the purpose of expanding the scope of land use activities that could be conducted at the Parcel from "construction warehousing" to "classic vehicle storage and restoration". (iv) While Class 11 licenses are issued to authorize the sale of used motor vehicles at a given parcel, they cannot be used to authorize the servicing and/or the restoration of such vehicles at that parcel. (v) The Licensing Board approved the issuance of a Class Il license to the current property owner on June 11, 2012 subject to the condition that the Building Commissioner place restrictions on the activities that could be undertaken at that property in a classic car restoration context. 50 Leavenworth Street • P.O.Box 1110 • Waterbury,CT 06721-1110 • Phone:203-573-1200 • Fax:203-575-2600 • wwwcarmodylawcom r :CARMODY TO RR AN C E @[ Danielle McKnight September 25, 2012 Page 2 (vi) The Commissioner submitted a letter containing such conditions to the Licensing Board on or after July 11, 2012. (vii) The Licensing Board acknowledged receipt of the Commissioner's July 11, 2012 letter at its July 2012 meeting. (viii) While the Commissioner's July 11, 2012 letter to the Licensing Board authorizes the "warehousing" and the "restoring" of classic cars in the building at the Parcel, it does not define what activities would constitute restoration of such cars. (ix) While the Commissioner's July 11, 2012 letter prohibits the use of a paint booth at the Parcel and while it appears to limit restoration work to one car at a time, that letter does not place any other limitations on the activities that the current property owner can undertake at the Parcel in a classic car "restoration" context. (x) Classic car restoration work could include, but is not necessarily limited to, motor servicing, drive train servicing, brake servicing; body repair, body sand blasting and body painting outside a spray booth. (xi) The Salem Zoning Ordinance does not provide the Commissioner with authority to modify variances that have been duly issued by the Board of Appeals. (xii) The Commissioner's decisions contained in his July 11, 2012 letter improperly modify the scope of the non-residential land use activities authorized by the Variance. (xiii) The Commissioner's decisions contained in his July 11, 2012 letter improperly expand the scope of the land use activities that can be performed at the Parcel beyond those authorized by its R2 designation. It is Mrs. Higgins' contention that the Commissioner usurped the authority of the Board of Appeals to issue variances that is contained in Section 9.3.2.3. of the Salem Zoning Ordinance by and through the decisions in his July 12, 2012 letter to the Licensing Board. That is so because those decisions expressly modify the limitations that the Variance places on the use of the Parcel. Please note that the documents referenced in this letter are included in Mrs. Higgins' appeal package. 'CARMODY T O R R A N C E Danielle McKnight September 25, 2012 Page 3 I ask that you contact me if you have any further questions concerning the Board of Appeals'jurisdiction to hear the subject appeal. You will find nine copies of this letter enclosed below for your convenience. Very truly yours, v(�V� oseph A. Wellington Enclosures cc: Mrs. Joanne Higgins RECEIVED DEC 2 G 2012 Dept, OF PLA,,LNWgG& :OMMUMTY DEVELOPMEN" V CARMODY TO R R AN C E REW Carmody&Torrance LLP • Attorneys at Law Joseph A.Wellington Waterbury • New Haven • Southbury Partner Direct:203-575-2613 jwellington@carmodylaw.com December 17, 2012 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Solicitor of the City of Salem City of Salem Salem City Hall Board of Zoning Appeals ("BZA") 93 Washington Street 120 Washington Street Salem, Massachusetts 01970 Salem, Massachusetts 01970 Rebecca Curran, Chair Annie Harris, Member Salem BZA 14 Clifton Avenue 28 Chestnut Street Salem, Massachusetts 01970 Salem, Massachusetts 01970 Mike Duffy,Member Salem BZA Richard Dionne,Member Salem BZA 1 Warren Court 23 Gardner Street Salem, Massachusetts 01970 Salem, Massachusetts 01970 Jimmy Tsitsinos, Alternate Salem BZA Jamie Metsch, Member Salem BZA 6C Wharf Street 18 Oliver Street, Apartment 2 Salem, Massachusetts 01970 Salem,Massachusetts 01970 Re: Various matters pertaining to that appeal styled Joanne R. Higgins v. City of Salem, Massachusetts et al., MISC 474478 (GHP) To the aforesaid addressees: Attached you will find a copy of the following documents which pertain to the subject action: 1. Plaintiff's Amended Complaint dated December 17, 2012. 2. Plaintiff's Affidavit of Service dated December 17, 2012. 3. Notice of Judge and Track Assignment dated December 12, 2012. 4. Notice of Case Management Conference dated December 12, 2012. (W21852521 50 Leavenworth Street • P.O.Box 1110 - Waterbury,CT 06721-1110 • Phone:203-573-1200 • F=203-575-2600 - www.carmodylaw.com CARMODY TORRANCE City of Salem Solicitor City of Salem Board of Zoning Appeals Rebecca Curran, Chair Jamie Metsch, Member Annie Harris, Member Mike Duffy, Member Richard Dionne, Member Jimmy Tsitsinos, Alternate December 17, 2012 Page 2 5. Land Court Tracking Schedules—"A" (Average) and "F" (Fast)Tracks. Very truly yours, )seph A. Wellington Enclosure (W21852,521 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. LAND COURT CIVIL ACT.NO. MISC 344478(GHP) JOANNE R. HIGGINS, ) Plaintiff, ) V. ) CITY OF SALEM, ZONING BOARD OF ) APPEALS OF THE CITY OF SALEM and ) REBECCA CURRAN,ANNIE HARRIS, ) December 17, 2012 MICHAEL DUFFY,JAMIE METSCH, ) RICHARD DIONNE AND JIMMY TSITSINO ) (ALTERNATE),As members of the Zoning ) Board of Appeals of the City of Salem, ) Defendants ) AMENDED COMPLAINT INTRODUCTION 1. This is a zoning appeal brought pursuant to G.L.c. 40A § 17 wherein the Plaintiff appeals the November 20, 2012 decision of the Zoning Board of Appeals of the City of Salem (hereinafter the "Decision", the "Board" and the "City"respectively). 2. EXHIBIT 1 is an attested true and accurate copy of the Decision. 3. Plaintiff heretofore appealed the decisions of the City Building Commissioner (hereinafter the "Commissioner") to the Board pursuant to G.L. c. 40A § 8. 4. The Commissioner's decisions: (i) are contained in a July 11, 2012 letter from said commissioner to the City of Salem Licensing Board (hereinafter the "Licensing Board") and (ii) purport to describe the land uses that said commissioner determined could be lawfully conducted at that parcel of land known as 7 Florence Street, Salem, Massachusetts (hereinafter the "Property"). 5. The Plaintiff seeks the annulment of the Decision by this appeal on the grounds that said decision: (i) is arbitrary and capricious, (ii) exceeds the Board's authority and(iii) was issued in a grossly negligent manner. 6. The Plaintiff seeks the issuance of a permanent injunction by this appeal to compel the owner of the Property to: (i) refrain from conducting any "motor vehicle general repair", "motor vehicle body repair" and/or"motor vehicle light service" work at the Property as those phrases are defined in Section 10 of the City of Salem Zoning Ordinance (hereinafter the "Ordinance") until such time that said owner lawfully obtains a special permit from the Board authorizing such uses there pursuant to the procedures established by the and (ii)refrain from conducting any and all automobile repair,restoration and/or service work at the Property if the Board cannot lawfully issue such a permit under the Ordinance. THE PARTIES 7. The Plaintiff resides at 20 Cedar Street, Salem, Massachusetts. 8. The City is a municipality located in the State of Massachusetts. 9. The City adopted the Ordinance for the purported purpose of regulating the activities that may be conducted at properties that are subject to the City's zoning jurisdiction and the Ordinance. 10. The Board is the City agency with the exclusive authority to issue and to modify special permits for the purpose of regulating the "special permit uses" that may be conducted at properties that are subject to the City's zoning jurisdiction and the Ordinance. 2 11. Section 10 of the Ordinance defines the phrase "special permit use" to mean: A use which would not be appropriate generally or without restriction throughout the district but which, if controlled in a neighborhood would promote the public health, safety, convenience, morals and welfare of the City's inhabitants. 12. Defendants Rebecca Curran, Chair; Annie Harris; Michael Duffy; Jamie Metsch, Richard Dionne and Jimmy Tsitsino (alternate) the members of the Board who rendered the Decision and are named defendants in this appeal solely in that capacity. 13. The addresses of the aforesaid members of the Board are as follows: a. Rebecca Curran: 14 Clifton Avenue, Salem,MA 01970 b. Annie Harris: 28 Chestnut Street, Salem, MA 01970 c. Michael Duffy: 1 Warren Court, Salem, MA 01970 d. Jamie Metsch: 18 Oliver Street, Apt. 2, Salem, MA 01970 e. Richard Dionne: 23 Gardner Street, Salem, MA 01970 f. Jimmy Tsitsinos: 6C Wharf Street, Salem, MA 01970 FACTS THE PLAINTIFF'S ADMINISTRATIVE APPEAL 14. The Plaintiff appealed the Commissioner's decisions that were contained in the "2012 Letter by filing a petition challenging said decision with the City Clerk on August 9, 2012 (hereinafter the "Petition" and the "Clerk" respectively). 15. The Plaintiff served nine copies of the Petition (to include the Plaintiff's statement and the various documents that were appended thereto) on the Board in hand on August 9, 2012. 16. The Property is a parcel of land that is subject to the City's zoning jurisdiction and the Ordinance. 3 17. The uses which can lawfully be conducted at the Property have been subject to regulation under the Ordinance at all times relevant to this appeal. 18. The Plaintiff's residence is located on a parcel of land that is located within the City's zoning jurisdiction (hereinafter the "Plaintiff's Land"). 19. The Property is not contiguous with the Plaintiff's Land. 20. The Property is located proximate to the Plaintiff's Land. 21. The boundaries of the Property and the Plaintiff's Land are approximately 35 feet apart at their closet point. 22. EXHIBIT 2 is a true and accurate copy of a figure that was appended to the Petition at the time that said petition was filed with the Clerk and served on the Board in hand on August 9, 2012. 23. EXHIBIT 2 depicts the location of the Plaintiff's Land relative to the location of the Property. THE JUNE 2012 LICENSING BOARD HEARING 24. The Property has been owned by Salter Motor Sports, LLC (hereinafter"Salter Motors") at all times relevant to this appeal. 25. Salter Motors took title to the Property by a quit claim deed on July 20, 2011 (hereinafter the "Deed"). 26. EXHIBIT 3 is a true and accurate copy of the Deed which was appended to the Petition at the time that said petition was filed with the Clerk and served on the Board in hand on August 9, 2012. 4 27. Salter Motors applied to the Licensing Board for a Class 2 Used Automobile Dealer's License for the purpose of allowing the repair, storage and sale of second hand automobiles at the Property (hereinafter the "Salter Permit Application"). 28. Salter Motors was the applicant on the Salter Permit Application. 29. The Salter Permit Application was heard by the Licensing Board on June 11, 2012 (hereinafter the "June 2012 Hearing"). 30. EXHIBIT 4 is a true and accurate copy of an extract from the minutes of the June 11, 2012 hearing (hereinafter the "Minutes") which extract: (i) applies to the Licensing Board's consideration of the Salter Motors Application at the June 2012 Hearing and (ii) was appended to the Petition at the time that said petition was filed with the Clerk and served on the Board in hand on August 9, 2012. 31. The Minutes reflect that: a. One Robert F. Salter (hereinafter "Salter") represented to the Licensing Board that he owned Salter Motors. b. Salter also represented to the Licensing Board at the June 2012 Hearing to the effect that he was in the business of repairing, storing and selling high end classic automobiles and that he planned to undertake those activities at the Property. c. One of the members of the Licensing Board who was present at the June 2012 Hearing noted that a Class 2 used automobile sales license was to be used solely for the purpose of selling second hand automobiles, not for operating a repair shop selling such automobiles or words to that effect. 5 d. City Solicitor,Elizabeth Rennard (hereinafter the "Solicitor"), was present at the June 2012 Hearing while the Salter Permit Application was being heard by the Licensing Board. e. The Solicitor advised the Licensing Board at the June 2012 Hearing that: (i) the Salter Permit Application could be considered by that board at that hearing and (ii) conditions could be placed on Salter Motors activities under said license by means of a letter from the City zoning enforcement officer that could be sent to said board after said hearing or words to that effect. 32. The Solicitor's advice to the Licensing Board at the June 2012 Hearing constituted an affirmative statement that Salter Motors could lawfully be issued a Class 2 used auto dealers license for the purpose of both repairing and selling used automobiles at the Property so long as conditions were placed on those activities by a letter from the City's zoning enforcement officer. 33. The Commissioner has been the City's zoning enforcement officer at all times relevant to this appeal. 34. Salter Motors was represented by one Attorney Joseph Correnti (hereinafter "Correnti" at the June 2012 Hearing. 35. Correnti represented to the Licensing Board at the June 2012 Hearing that Salter Motors would not use paint booths at the Property if the Salter Permit Application was approved by that board or words to that effect. 36. Chairman of the Licensing Board stated at the June 2012 Hearing that said board should follow the legal advice provided by the Solicitor at that hearing with regard to the approval of the Salter Permit Application or words to that effect. 6 37. Another member of the Licensing Board who was present at the June 2012 Hearing moved that the Salter Permit Application be approved contingent upon that board receiving a letter from the City zoning enforcement officer or words to that effect. 38. The aforesaid motion was thereafter amended at the June 2012 Hearing to limit the number of cars that could be stored at the Property to six. 39. The amended motion was thereafter seconded and carried at the June 2012 Hearing. THE SALTER MOTORS CLASS II LICENSE 40. The Licensing Board issued a Class 2 Used Automobile Dealer's License (hereinafter the "Salter License") to Salter Motors on June 11, 2012. 41. EXHIBIT 5 is a true and accurate copy of the Salter License which was appended to the Petition at the time that said petition was filed with the Clerk and served on the Board in hand on August 9, 2012. 42. The Salter License represents on its face that it was issued"In accordance with the provisions of Chapter 140 of the General Laws with Amendment". 43. The Salter License provides on its face that it pertains to a: 3,600 SQ FT BLDG WITH 3,000 SQ FT DEDICATED TO REPAIRING AND SHOWING CLASSIC CARS, 15' X 15' MEZZAINE OFFICE LOCATED WITHIN THE BUILDING. 44. The Salter License provides on its face that it is a"Used Car Dealer's License— Class II". 45. The Salter License provides on its face that Salter Motors is authorized to use the Property for various purposes including: (i)buying and selling second hand automobiles, (ii) 7 showing classic cars, (iii) repairing classic cars and (iv) storing up to six classic cars inside the building at the Property. 46. The Salter License does not identify what activities Salter Motors is allowed to undertake in the context of"repairing classic cars" at the Property. 47. The Salter License does not expressly or implicitly authorize Salter Motors to perform any "motor vehicle body repair", "motor vehicle general repairs" and/or"motor vehicle light service" at the Property as those phrases are defined in Section 10 of the Ordinance. MASSACHUSETTS CLASS 2 USED AUTOMOBILE DEALER'S LICENSES 48. EXHIBIT 6 contains true and accurate copies of G.L. c. 140 §§ 57, 58 and 59. 49. G.L. c. 140 § 57 prohibits the sale of second hand motor vehicles by any person in the Commonwealth without a permit issued pursuant to G.L. c. 140 § 59. 50. The three types of second hand vehicle sales licenses that may be issued pursuant to G.L. c 140 § 59 are defined in G.L c. 140 § 58. 51. G.L. c. 140 § 58 I defines a "Class 2" used automobile sales license as follows: Class 2. A person whose principal business is the buying or selling of second hand motor vehicles, a person who purchases and displays second hand motor vehicles for resale in retail transactions, and any other person who displays second hand motor vehicles not owned by him ... may be granted a used car dealer's license .... 52. A person who holds a Class 2 used automobile dealer's license for a parcel o f land that is located in the City may only lawfully engage in the business of buying, selling and displaying second hand motor vehicles at such property pursuant to the statutory definition for Class 2 used automobile dealer's licenses contained in G.L. c. 140 § 58. 8 53. The issuance of a Class 2 used automobile dealer's license to a person for a parcel of land that is located in the City does not in-and-of itself authorize said person to engage in "repairing", "restoring" and/or"servicing" used automobiles at the property that is the subject of such a permit. 54. G.L. c. 140 § 58 (d) defines a"Class 3" automobile sales license as follows: Class 3. A person whose principal business is buying second hand motor vehicles for the purpose of remodeling, taking apart or rebuilding and selling same ... may be granted a motor vehicle junk license. 55. A person whose principal business is buying second hand motor vehicles for the purpose of remodeling, taking apart or rebuilding and selling same must apply for and receive a Class 3 used automobile dealer's license before engaging in such activities pursuant to the statutory definitions for Class 3 used automobile dealer's licenses contained in G.L. c. 140 § 58. 56. A person who holds only a Class 2 used automobile dealer's licenses issued pursuant to G.L. c. 140 § 59 may not lawfully engage in the business of buying second hand motor vehicles for the purpose of remodeling, taking apart or rebuilding and selling same at any parcel of land located within the City's zoning jurisdiction. THE 2001 VARIANCE 57. The Board issued a variance to the then owner of the Property on June 6, 2001 (hereinafter the "2001 Variance"). 58. The 2001 Variance allows the owners of the Property to use that parcel of land and the structure thereon for the purpose of housing an office and for use as a warehouse for a construction company. 9 59. EXHIBIT 7 is a true and accurate copy of the 2001 Variance which was appended to the Petition at the time that said petition was filed with the Clerk and served on the Board in hand on August 9, 2012. 60. The 2001 Variance has not been modified in any manner since its issuance. 61. The 2001 Variance has been in full force and effect at all times relevant to this appeal. 62. The 2001 Variance was issued for those parcels of land which were then known as 8 and 10 Cherry Street and 12 to 14 Cherry Street. 63. Those parcels of land which were described as 8 and 10 Cherry Street and 12 to 14 Cherry Street in the 2001 Variance were combined to form a single parcel of land with frontage on Florence Street. 64. The parcel of land which was formed from the combination of the parcels of land described as 8 and 10 Cherry Street and 12 to 14 Cherry Street in the 2001 Variance is what is now known as the Property. 65. The 2001 Variance expressly notes that the parcels of land which were then known as 8 and 10 Cherry Street and 12 to 14 Cherry Street were zoned"R2" at that time.. 66. The 2001 Variance authorizes the use of the structure at the Property solely for "construction warehousing". THE COMMISSIONER'S 2011 LETTER 67. Correnti sent a letter to the Commissioner on or before July 20, 2011 to inquire as to whether automotive repair, storage and warehousing activities could be lawfully performed at the Property under the 2001 Variance. 10 68. The Commissioner replied to the aforesaid Correnti letter by a letter from the Commissioner dated July 20, 2011 (hereinafter the "2011 Letter"). 69. The 2011 Letter states that that the 2001 Variance allows the use of the Property for maintaining a construction office as well as for the warehousing and the maintenance of construction equipment there or words to that effect. 70. EXHIBIT 8 is a true and accurate copy of the 2011 Letter which was appended to the Petition at the time of said petition was filed with the Clerk and served on the Board in hand on August 9, 2012. 71. The 2011 Letter states that the Property could be used to repair, store and warehouse automobiles based upon the uses authorized by the 2011 Variance or word to that effect. 72. The Commissioner's decisions contained in the 2011 Letter are inconsistent with the provisions of the 2001 Variance and the requirements of the Ordinance to the extent that said decisions stand for the propositions that the 2001 Variance: a. Allows the Property to be used for" maintenance" of construction vehicles and/or equipment, b. Would allow the Property to be used for automobile repair, storage and warehousing as authorized commercial uses there. 73. The face of 2011 Letter shows that the Commissioner was on notice that Salter Motors intended to use the Property to perform automobile repair work at the time that said commissioner executed said letter. 74. The face of the 2011 Letter shows that the Commissioner was aware that the Property was zoned"R2" at the time that he executed said letter. 11 75. The Commissioner knew or should have known at the time that he executed the 2011 Letter that the Ordinance would prohibit the performance of"motor vehicle general repair", "motor vehicle body repair" and"motor vehicle light service" at the Property as those phrases are defined in Section 10 of said ordinance absent a duly issued special use permit which authorized such activities there because the Property was designated "R2". 76. The Commissioner knew or should have known at the time that he executed the 2011 Letter that the 2001 Variance did not in-and-of itself authorize the performance of"motor vehicle general repair", "motor vehicle body repair" and/or"motor vehicle light service" at the Property as those phrases are defined in Section 10 of said ordinance. 77. The Commissioner knew or should have known at the time that he executed the 2011 Letter that the 2001 Variance did not in-and-of itself authorize the performance of automobile repair, restoration, maintenance and/or servicing activities at the Property. 78. Although a copy of the July 2011 Letter was appended to the Petition, the Plaintiff did not challenge the Commissioner's decisions contained in said letter because such an appeal was time barred. 79. The July 2011 Letter was appended to the Petition for the Board's information as the Board considered the Commissioner's decisions in the 2012 Letter. THE COMMISSIONER'S 2012 LETTER 80. The Licensing Board requested that the Commissioner provide a letter to that board to describe the conditions that would apply to Salter Motors use of the Property for "classic car repair" purposes. 81. The aforesaid Licensing Board request was made after the June 2012 Hearing. 12 82. The Commissioner sent the 2012 Letter to the Licensing Board on or after July 11, 2012. 83. The 2012 Letter contained the Commissioner's decisions concerning how Salter Motors could lawfully use the Property for automobile "maintenance" and/or"restoration" purposes. 84. EXHIBIT 9 is a true and accurate copy of the 2012 Letter which letter was appended to the Petition at the time that said petition was filed with the Clerk and served on the Board in hand on August 9, 2012. 85. The 2012 Letter represents on its face that it pertains to the issuance of the Salter License. 86. The Salter License expressly provides on its face that said license authorizes Salter Motors to use the Property for"storing and repairing classic cars." 87. The 2012 Letter contains the Commissioner's acknowledgement that Salter Motors intended to use the Property to "warehouse", "sell" and to "restore" classic cars or words to that effect. 88. The 2012 Letter expressly reflects the Commissioner's understanding that Salter Motors would not use a spray booth as part of its classic car restoration work at the Property or words to that effect. 89. The 2012 Letter states that: I understand that Salter Motors has applied for a used car license in order to obtain "dealer plates" so that a restored vehicle could be legally driven in the street. I have also read the restrictions the Licensing Board has placed on the license. It is my opinion that the occasional sale of a classic restored vehicle on site and by appointment only, fits within the nature and purpose of the commercial use permitted at the site. There 13 should be little if any impact to the abutters and the intensity of use does not change by the occasional test drive of a vehicle conducted by appointment only. The additional use does not increase the equipment or number of employees. I do ap,ree that any expansion of the limited used car License, beyond what was described by the Licensing Board, would not be allowed without appropriate zoningrelief.elief. (emphasis added) 90. The only restrictions that the Licensing Board placed on Salter Motor's use of the Property by its issuance of the Salter License were that: (i) only six vehicles could be stored at the Property at any time and(ii) said vehicles had to be located inside the building at the Property during such storage. 91. The Salter License did not place any restrictions on the activities that Salter Motors could undertake at the Property in a"classic car repair" context. 92. The Commissioner used the 2012 Letter to convey his decision that Salter Motors could lawfully use of the Property for the purpose of"restoring classic cars" to the Licensing Board. 93. The 2012 Letter did not place any restrictions on the activities that Salter Motors could undertake while "restoring" classic cars at the Property other than such activities could not include the use of a paint booth. 94. The 2001 Variance does not expressly authorize the "restoration of classic cars" or any automobiles at the Property. 95, The 2001 Variance does not implicitly authorize the "restoration of classic cars" or any automobiles at the Property. 96. The Commissioner did not have authority under the Ordinance to authorize the "restoration" of any automobiles at the Property by or through his conveyance of the 2012 Letter to the Licensing Board or otherwise. 14 THE PLAINTIFF'S ADMINISTRATIVE APPEAL 97. The Board duly published a legal notice of its hearing on the Plaintiff's administrative appeal for the purpose of providing notice to the public that said appeal was going to be heard (hereinafter the "Notice"). 98. The Notice expressly described the subject of the Plaintiff's appeal as being: "(A)n administrative appeal of a decision of the Building Commissioner for the property located 7 FLORENCE ST., Salem, MA." 99. EXHIBIT 10 is a true and accurate copy of the Notice. 100. The Board heard the Plaintiff's appeal on November 7, 2012. 101. The agenda for the hearing at which the Plaintiff's appeal was heard described the subject of that appeal as being: "An administrative appeal of a decision of the Building Commissioner for the property located 7 FLORENCE ST., Salem, MA (hereinafter the "Agenda"). 102. EXHIBIT 11 is a true and accurate copy of the Agenda. 103. The Plaintiff's appeal challenged the Commissioner's decisions contained in the 2012 Letter which decisions purportedly allowed Salter Motors to "restore" and/or to "repair" automobiles at the Property. 104. Board heard the Plaintiff's appeal on November 7, 2012 (hereinafter the "November 2012 Hearing"). 105. The Board knew or should have known that the Plaintiff was challenging Commissioner's decisions contained in the 2012 Letter which decisions purportedly allowed Salter Motors to "restore" and/or to "repair" automobiles at the Property at the time of the November 2012 Hearing. 15 106. The Board heard members of the members of theP ublic spoke in opposition to the P Commissioner's decision that automobiles could be maintained at the Property at the November 2012 Hearing. 107. Board handed down the Decision on November 20, 2012. COUNT ONE ANNULMENT OF THE BOARD'S DECISION (G.L. c. 40A § 17) 1. to 107. Paragraphs 1 to 107 set out above are incorporated by reference herein as Paragraphs 1 to 107 of this COUNT ONE. 108. G.L. c. 40A § 17 authorizes the Court to annul a decision of any board of appeals where said decision exceeds the authority of such board. RELEVANT SECTIONS OF THE ORDINANCE. 109. EXHIBIT 12 is a true and accurate copy of the following sections of the Ordinance: a. Cover page. b. Table of Contents. c. Section 1.0: Purpose and Authority (to include Section 1.4 Applicability) d. Section 2.0: Districts. (to include Section 2.1 Establishment) e. Section 3.0: Use Regulations. (to include Sections 3.1 Principal Uses, 3.1.2 Special Permit: Zoning Board of Appeals, 3.3.2 Nonconforming Uses and Table of Principal and Accessory Use Regulations) f. Section 6.2: Sales of Motor Vehicles and Boats (to include Section 6.4.1 General g. Section 9.3: Board of Appeals (to include Section 9.3.2 Powers 16 h. Section 9.4: Special Permits (to include Sections 9.4.1 Special Permit Granting Authority, 9.4.2 Criteria, 9.4.3 Procedures, 9.4.4 Conditions and 9.4.5 Regulations) i. Section 10.0: Definitions (to include the definitions of"Motor Vehicle Body Repair', "Motor Vehicle General Repairs", Motor Vehicle Light Service", "Special Permit Use" and"Use"). 110. The sections of the Ordinance that are attached as EXHIBIT 12 have been in effect at all times relevant to this appeal through and including the present. 1IR2"USE DESIGNATION 111. Section 2.1 of the Ordinance states that: 2.1 Establishment. For the purpose of this zoning Ordinance, the City is divided into the zoning districts set forth below: Residential Districts Residential Two Family (R2) USES AS OF RIGHT 112. Section 3.1 of the Ordinance states that: 3.1 Principal Uses. Except as provided by law or in this Ordinance in each district, no building or structure shall be constructed, used or occupied, nor shall land be used or occupied, except for purposes permitted as set forth in the accompanying Table of Principal and Accessory Use. 113. Section 3.3.1 of the Ordinance states that: 3.3.1 By right. A use listed in the Table of Principal and Accessory Use Regulations is permitted as of right in any district 17 which is denoted by the letter"Y" subject to such restrictions as may be specified elsewhere in this Ordinance. 114. By negative implication, any use in the Table of Principal and Accessory Use Regulations (hereinafter the "Table") which is not denoted by the letter "Y" is not permitted as of right in any district within the City's zoning jurisdiction. 115. The following uses are denoted by the letter "N" in Table for districts that are zoned "R2": a. Motor vehicle general and body repair. b. Motor vehicle light service. c. Motor vehicle sales, service and rental. 116. Section 10 of the Ordinance (hereinafter "Section 10") contains the following definitions: a. Motor vehicle general repairs: Premises for the servicing and repair of autos; but not to include fuel sales. b. Motor vehicle body repairs: An establishment, garage or work area enclosed within a building where repairs are made or caused to be made to motor vehicle bodies, including fenders, bumpers and similar components of motor vehicle bodies, but does not include the storage of vehicles for cannibalization of parts. C. Motor vehicle light service: Premises for the supplying of fuel, oil, lubrication, washing, or minor repair services; but not to include body work, painting, or major repairs. 18 d. Special permit use: A use which would not be appropriate generally or without restriction throughout the district but which, if controlled in a neighborhood, would promote the public health, safety, convenience, morals and welfare of the City's inhabitants. e. Use: The specific purpose for which land, or a building and land, is designated, arranged intended(sic), or for which it is or may be occupied or maintained. 117. "Motor vehicle general repairs", "motor vehicle body repairs" and"motor vehicle light service" as those phrases are defined in Section 10 cannot lawfully be conducted in any zoning district in the City that is zoned"R2" as of right because such uses are denoted by the letter"N" in the Table for such districts. USES AUTHORIZED BY SPECIAL PERMIT 118. Section 3.1.2 of the Ordinance states that: 3.3.2 Special Permit: Zoning Board of Appeals. A use designated in the Table of Principal and Accessory Use Regulations by the letters `BA" may be permitted as a special permit only if the Zoning Board of Appeals so determines and grants a special permit therefore as provided in Section 9.4 of this Ordinance subject to such restrictions as are set forth elsewhere in this Ordinance, as such restrictions as the Board may establish. 119. By negative implication, the Board may not issue a special permit for any use that is designated by the letter "N" in the Table. 120. The Board cannot lawfully issue a special permit to authorize the use of a parcel of land that is subject to the City's zoning jurisdiction for the purposes of allowing the performance of"motor vehicle general repair", "motor vehicle body repair" and/or "motor vehicle light service" as those phrases are defined in Section 10 where said parcel is zoned "R2" because such uses are denoted by the letter"N" in the Table for districts so zoned. 19 LIMITATIONS ON SALTER MOTOR'S USE OF THE PROPERTY 121. The Property has been zoned "R2" at all times relevant to this appeal through and including the present time. 122. The Plaintiff's Land has been zoned "R2" at all times relevant to this appeal through and including the present time. 123. The properties that are contiguous to both the Property and the Plaintiff's Land are zoned "R2". 124. Salter Motors cannot lawfully perform "motor vehicle general repair", "motor vehicle body repair" and/or"motor vehicle light service" work at the property as those phrase are defined in Section 10: a. As a matter of right under Section 3.0 of the Ordinance, the Table of Principal and Accessory Use Regulations or otherwise. b. Pursuant to the 2001 Variance, the Salter License and/or the 2012 Letter individually or collectively. 125. Salter Motors cannot lawfully perform any "classic car repair" work at the Property pursuant to the Salter Motor's License. 126. Salter Motors cannot lawfully perform any "classic car restoration" work at the Property pursuant to the Salter License, the 2001 Variance and/or the 2012 Letter. 127. The Board has not issued a special permit to Salter Motors pursuant to the Ordinance for the purpose of allowing Salter Motors to perform "motor vehicle general repair", "motor vehicle body repair" and/or"motor vehicle light service" work at the Property as those phrases are defined in Section 10. 20 128. The Board has not issued a special permit to Salter Motors pursuant to the Ordinance for the purpose of allowing the performance of: a. Any other automobile "repair" work at the Property. b. Any other automobile "restoration" work at the Property. THE CON fflSSONER'S ISSUANCE OF THE 2012 LETTER USURPED THE BOARD'S AUTHORITY 129. The Commissioner's issuance of the 2012 Letter to the Licensing Board for the purported purpose of conveying his decision that Salter Motor could use the Property for motor vehicle restoration and/or for motor vehicle repair activities under the 2001 Variance was unlawful because said commissioner did not then and does not now have the authority to confirm that such use could be performed at the Property pursuant to said variance. 130. The Commissioner's conveyance of the 2012 Letter to the Licensing Board for the purpose of allowing Salter Motors to perform "automobile restoration", "automobile repair" and/or"automobile maintenance" work at the Property unlawfully usurped the Board's exclusive authority to issue special permits for such activities under the Ordinance to the extent that the Board has such authority thereunder. THE DECISION IS ARBITRARY AND CAPRICIOUS 131. The Decision states that: a. The only issue before the Board of Appeals is the validity of Mr. St. Pierre's decision that Salter Motor Sports LLC's proposed activities requiring a Used Car Dealer's License Class II are consistent with the use allowed under the 2001 Variance. (emphasis added) b. The Board finds that Mr. St. Pierre's decision that the occasional sale of classic cars, which requires the Used Car Dealers License Class Il, is consistent with the existing use of that site and the prior variance (emphasis added). 21 132. The Decision further states that, as a matter of fact: a. In an attachment to the petition, and at the hearing, petitioner stated the Licensing Board's decision to issue the license was predicated on guidance received from Thomas,St. Pierre, Building Commissioner(,) in a letter dated July 11, 2012, advising the (Licensing) Board that the proposed use requiring a Class 11 License was consistent with the uses allowed on the site by the 2001 Variance. b. At the hearing, several residents spoke in support of overturning the decision of the Building Commissioner, citing concerns about the impacts of auto maintenance on the neighborhood. 133. The Decision fails to address the Plaintiff's challenge to the Commissioner's decisions in the 2012 Letter which decisions were to the effect that Salter Motor could lawfully repair and/or restore automobiles at the Property under the 2001 Variance. 134. The Decision is arbitrary and capricious because it affirms all of the Commissioner's decisions in the 2012 Letter solely on the ground that Salter Motor's use of the Property for the purposes of storing and showing used motor vehicles is consistent with the commercial uses authorized by the 2001 Variance. 135. The Decision is arbitrary and capricious because it improperly focuses solely on that portion of the 2012 Letter which pertains to Salter Motor's use of the Property for the purposes of storing and showing used automobiles pursuant to the Salter License. 136. The Decision is arbitrary and capricious because it affirms the Commissioner's decisions in the 2012 Letter without addressing the issue whether Salter Motors could lawfully use the Property for the purpose of repairing and/or restoring automobiles pursuant to the provisions of the Salter License, the 2001 Variance and/or the 2012 Letter. 22 THE BOARD'S ISSUANCE OF THE DECISION CONSTITUTES GROSS NEGLIGENCE 137. The Board's issuance of the Decision without addressing the Plaintiff's claim that Salter Motors could not lawfully repair and/or restore automobiles at the Property pursuant to the Salter license, the 2012 Letter and/or the 2001 Variance constitutes gross negligence. 138. The Board's issuance of the Decision in a manner that is arbitrary and capricious constitutes gross negligence. THE DECISION EXCEEDS THE BOARD'S AUTHORITY 139. The Decision exceeds the authority of the Board because the issuance of said decision implicitly allows Salter Motors to continue to to repair and/or to restore automobiles at the Property without Salter Motors having first having obtained a special use permit from the Board for such uses as required by the Ordinance to the extent that such uses can lawfully be performed pursuant to such a permit. 140. The Decision exceeds the authority of the Board because the issuance of said decision was arbitrary and capricious. 141. The Decision exceeds the authority of the Board because the issuance of said decision was grossly negligent. THE PLAINTIFF IS AGGRIEVED BY THE DECISION 142. The Plaintiff is concerned that her quiet enjoyment of the Plaintiff's Land and/or her residence which is located on that land will be adversely affected if Salter Motors is allowed to use the Property for the purposes of repairing and/or restoring automobiles there because: a. Such repair and/or restoration activities may result in the creation of noxious odors that will migrate from the Property to Plaintiff's Land and or the Plaintiff's residence there. 23 b. Such repair and/or restoration activities may result in the creation of dust that will migrate from the Property to Plaintiff's Land and or the Plaintiff's residence there. c. The generation of such odors and/or dust would not be consistent with the promotion of the public health, safety, convenience, morals and welfare of the City's inhabitants at the Property and/or at the Plaintiff's Land including, but not limited to the Plantiff. 143. The Plaintiff has been aggrieved by the issuance of the Decision because said issuance is arbitrary and capricious. 144. The Plaintiff has been aggrieved by the issuance of the Decision because Salter Motors has been unlawfully granted implicit authorization to to "restore", "repair" and/or to "service" automobiles at the Property by the issuance of the Salter License and the 2012 Letter. 145. The Plaintiff has been aggrieved by the issuance of the Decision because the Board was grossly negligent when it issued said decision. THE COURT SHOULD ANNUL THE DECISION 146. The Court should annul the Decision because its issuance exceeds the authority of the Board for the reasons set out above. COUNT TWO INJUNCTIVE RELIEF ( G.L. c. 40A § 17) 1. to 146. Paragraphs 1 to 146 of COUNT ONE are incorporated by reference herein as Paragraphs 1 to 146 of this COUNT TWO. 147. C.L. c. 40A § 17 provides that the Court may make such decree as justice and equity may demand. 24 148. The Salter License purports on its face to authorize Salter Motors to "repair motor vehicles" at the Property. 149. The Licensing Board cannot lawfully authorize Salter Motors to "repair classic cars" at the Property by and through the issuance of the Salter License. 150. The 2012 Letter contains the Commissioner's decision that Salter Motors can lawfully restore classic automobiles at the Property at the Property so long as Salter Motors refrains from using a paint booth as part of its restoration activities. 151. The Commissioner could not lawfully authorize Salter Motors to restore classic automobiles at the Property by means of the issuance of the 2012 Letter to the Licensing Board or otherwise. 152. Salter Motors has not obtained a duly issued special permit from the Board for the purpose of performing"motor vehicle general repair", "motor vehicle body repair" and/or "motor vehicle light service" activities at the Property as those phrases are defined in Section 10 of the Ordinance. 153. Salter Motors cannot lawfully perform "motor vehicle general repair", "motor vehicle body repair" and/or"motor vehicle light service" activities at the Property at the Property as those phrases are defined in Section 10 of the Ordinance as a matter of right under said ordinance. 154. Salter Motors should be permanently enjoined from performing any and all "motor vehicle general repair", "motor vehicle body repair" and/or"motor vehicle light service" work at the Property as those phrases are defined in Section 10 of the Ordinance: (i) unless and until Salter Motors obtains a special permit duly issued by the Board under the Ordinance for the purpose of authorizing the performance of such activities at the Property and (ii) if the City of 25 Salem Board of Appeals can lawfully issue a special permit to allow those activities to be performed at the Property under the Ordinance. 155. Salter Motors should be permanently enjoined from performing any and all automobile repair, restoration and/or service activities at the Property if the City of Salem Board of Appeals cannot lawfully issue a special permit to allow those activities to be performed at the Property under the Ordinance. PRAYER FOR RELIEF WHEREFORE, the Plaintiff prays that this Court: 1. Annul the Board's November 20, 2012 decision which is the subject of this appeal. 2. Permanently enjoin Salter Motors LLC from performing: a. Any and all "motor vehicle general repair", "motor vehicle body repair" and/or"motor vehicle light service" activities at the Property as those phrases are defined in Section 10 of the Ordinance until such time as Salter Motors obtains a special permit from the City of Salem Board of Appeals which approves Salter Motors' use the Property for those purposes. b. Any and all automobile repair, restoration and/or service activities at the Property if the City of Salem Board of Appeals cannot lawfully issue a special permit to allow those activities to be performed at the Property. 3. Find that the Board's issuance of its November 20, 2012 decision constitutes gross negligence. 4. Award the Plaintiff her costs against Defendant City of Salem and/or Defendant City of Salem Board of Appeals to the fullest extent permitted by G.L. c. 40A § 17. " 26 5. Grant such other relief as the Court deems meet and just. PLAINTIFF JOANNE R. HIGGINS By her attorney, Jo h A. Wellington (B 522420) C ody &Torrance LLP 50 Leavenworth Street Waterbury, Connecticut 06702 203.575.2613 (contact) 203.575.2600 (facsimile) iwellington@carmodylaw.corn Dated: December 17, 2012 CERTIFICATION I HEREBY CERTIFY under the pains and penalties of perjury that this document was served on the Defendants named herein by mailing a copy thereof to them via certified mail— return receipt requested at the following addresses this 17a'day of December 2012: a. City of Salem, Office of the Solicitor, Salem City Hall, 93 Washington Street, Salem, MA 01970. b. City of Salem, Board of Zoning Appeals, 120 Washington Street, Salem. MA 01970. c. Rebecca Curran: 14 Clifton Avenue, Salem, MA 01970 d. Annie Harris: 28 Chestnut Street, Salem, MA 01970 e. Michael Duffy: 1 Warren Court, Salem, MA 01970 f. Jamie Metsch: 18 Oliver Street, Apt. 2, Salem, MA 01970 27 g. Richard Dionne: 23 Gardner Street, Salem, MA 01970 h. Jimmy Tsitsinos: 6C Wharf Street, Salem, MA 01970 seph A. Wellingt 28 cry` CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 4E 120 WASHINGTON STREET♦SALEId,MASSACHUSETTS 01`9770 TELE:978-619-5685 FAX:978-740-0404 d KII.BERIEY DRIScOLL 1 MAYOR Cl) November 20,2012 m 3 ph► Decision N co N City of Salem Zoning Board of Appeals Petition of JOANNE R. HIGGINS for an administrative appeal of a decision of the Building Commissioner for the property located at 7 FLORENCE STREET A public hearing on the above Petition was opened on November 7, 2012 pursuant to Mass General Law Ch. 40A, g 11. The hearing was closed on November 7,2012 with the following Zoning Board of Appeals members present Rebecca Curran (Chair),Annie Harris,Michael Duffy,Jamie Metsch, Richard Dionne,and Jimmy Tsitsinos (alternate). Petitioner seeks an administrative appeal of a decision of the Building Commissioner. Statements of fact: 1. On April 25, 2001, the Board issued a Variance allowing commercial use for the premises. 2. In a petition date-stamped August 9,2012, petitioner requested an appeal of a decision of the Salem Licensing Board to issue a Used Car Dealers License Class II to Salter Motor Sports,LLC for activities to take place at 7 Florence Street,Salem. 3. Attorney Joseph Wellington represented petitioner at the hearing. 4. In an attachment to the petition, and at the hearing,petitioner stated the Licensing Board's decision to issue the license was predicated on guidance received from Thomas St. Pierre, Building Commissioner in a letter dated July 11, 2012, advising the Board that the proposed use requiring a Class II License was consistent with the uses allowed on the site by the 2001 Variance. 5. At the hearing, several residents spoke in support of overturning the decision of the Building Commissioner,citing concerns about the impacts of auto maintenance on the neighborhood. EXHIBIT 1 1 6. At the hearing, the owner of Salter Motor Sports,LLC,represented by Attorney Joseph Correnti,stated his opposition to overturning the decision of the Building Commissioner and questioned the jurisdiction of the Board of Appeals to hear the appeal. 7. The Board of Appeals,through counsel, also reserved the right to raise jurisdictional questions on appeal,if any. 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. The Board of Appeals has no jurisdiction over actions taken by the Salem Licensing Board. 2. The only issue before the Board of Appeals is the validity of Mr. St. Pierre's decision that Salter Motor Sports,LLC's proposed activities requiring a Used Car Dealers License Class II are consistent with the use allowed under the 2001 Variance. 3. The Board finds that Mr. St. Pierre's decision that the occasional sale of classic cars,which use requires the Used Car Dealers License Class II,is consistent with the existing use of that site and the prior variance. On the basis of the above findings of fact and all evidence presented at the public hearing including, but not limited to, the Plans, Documents and testimony, the Zoning Board of Appeals voted none (0)in favor and five (5) opposed (Curran, Harris,Dionne, Duffy and Metsch), to affirm the appeal of the Building Commissioner's decision. The appeal is denied, and the decision of the Building Inspector is upheld. Rebecca Curran, Chair Salem Board of Appeals 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 Massachusetts General Laws Chapter 40A,and shall be filed within 20 days of filing of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has been filed with the Essex South Registry of Deeds. A iE COPY `�6�� CI CLERK SALEM, FUS. 2 Mop 34 Lot 101 g 8. 2 5'5 N/F I .(Typlcol) r� G ed LY Steven J. Booth t ,` 189.87' 15 Porter Street 2 4 5 6 7 fi `r7s _• 126•—' Book 124Y4 Page L4 (1 Existing 7 8 9 10 0.94 11,36 sq,1l gkiMHltlU 6 Boy Bil. Conc. Proposed i IJF.N:. v Prkinslclq F.yfcRbR Gorooe gg /✓ 1�C ` cic rw_ .")r r. 15.5 n siianfflHk (Typicpl)ExIslIn 0. , � 6 Boy w 114N Geroge iAl+ m :n r 12,171 sq.it. !!�� or'•+•%oU1 ,k m N .'WiLof'd5�� /ioY1t♦I((t.al �z 6.)jy41 of . 585'4407"E .G L 1 •+.,, e: 87'.2 '-.�-WS�3-�_�..ri.�p•+-� 5y ra r.�.i-J wli•a)W fl+F6 7 6 S a 3 2 u4N(iN4 Wry U X26 9'x19' ®W�Stl _lrcc 7GA lNYNB r`>� NP PA.1J.55' �'"."r I'f Ve-CY {e.ct Bit. Conc. .elw16 /-tvh,IL 3�St 35.41 y' I' Owelling Q0 rp e. rJ :Rk�AIN iN rHfc 7 `er' 1 iJ V� li .$Oc,<A,GE '`M1I'A -i /,, . 9x22' YYc GF .. 1 WWt(El7d� `a 166.70' N85'g 1"W � s y � � ., res © fD �__ ® _ ,•' � ' P ��m�Keyc ff „1//ry1� t. o Lot 95 Mop 34 tot 97 MuLe/r Mop 34' o *r.w l \ � op N/F 1 94 Ley N/F N/F N/F Yncenl W. Joann R. Hiaglns James Perkins Sounders George Perish Realty Trust I Louis W. & Alberllne Rab nsrn B Conlon D. & C'95ler�ne Melien Ire - r r - . 20 Street I 18 Cherry Pastrge —mar Str t iw.o+"'Book 6318 Poae 53:+ Book n 3 Poge 58 Book 5673 Poge 391 Book 12117) P-0-g-T-214 II NLr�oaAe �D� rrrcL / x dxl S`Pa l �,�JeHaII fry J ' L4 Yy/dD b7 rfza CCd' 1'µ�'G�p a,• ru. 1 Q�1�L 11 PR"POCF:v NtvJ �al�f ,"�/.l`61% fl'taPo•Sfp 'f.4'!SG �•in � �n�.,rr1' t.'.a•Sfoc.K,ao£ c�.uL r* P-rMAIN 9 d Cvam1. ��- • @Rf2q/3tiaa 't�+r44'afEE♦!1'•s:tti l s&SAMSSITS QUrrCLAIM DEM F1ahAJ+l I ratias Lha,aAdassasoerpt�rd having an addrzss o&$5 Punt n paid and 11)frill oongider4ron ofFour Ftttndtttl Sov�t�.' usasida'��t �'QD��s{�!'TtY,tlE�sraRtse " €�t � � , IvlassAe use # *,"IM1- Eau sap cowyrr Abftkht *'li Qjiww Win!riarus a p 1 � m A eon l ea at filo�€ne8 &a16A F �' t as Lot q on a.Pl s ufLartd engt#et]" 8i�of Land in tfrr Y, F; lid 11�+a1e PT �'Varnon�.I�lano,�' I�123tniten �: 1 ,dated vber•'�9,241i1Da Revised Adog2$,2{tpl,&oa}e 1"-21►•,"' IIN644114M Watoortflug to said plan. Mogant aS oftecofd of sePd.I�ogistry o�l? s: astt[reeFirded�vltG said Deeds, flaga.por mr o! s v byL>aed dated fuly�2$,20©3 and recorded With Pssax Sopth D64W s in RoA 24623,page 5.34. 3sdoti aFi ;its MfonMMftl ortubstandalIyaitofthe assats.0f&aGtantor. Exttr�as s�i�d'#tattaitri�t tl �itag of brig;292 fi. r4 �� s 13enhy .Fisl od" ted r 3, ., I lNailossrn ., ` dcrit and Treasttret I a, �f�. CttnoAiv€alEl�oflulfassacJausetts l�t4t7 Da rias dW Of J*. 2011 before nw,the undersigned notaryP ahllc,pergonallq � a P ` l to# ii4 r ovldw4e ofifkoftcafios which VMS Rpli stag pbiE i td;intil GOOD WRb Viodamm imw by it federal Qr sfte Pvftmcot agemy, d oath ore na pn of a tna bre wllness, t 1 trf tbn>i gtied to be the personfs) ruhosa n ) s is/are. signed:on the W2,009 or atta4od dfleument,aetd aotwojvle tge4 to rr]e ftthe si its ata APmtpm asPttddent WT =cam ofDnntay J F g1te J it vo ntariiy for :tic fi rge t,�}�`.}Arleta,M 9+p+1�rrG fugry- ztlt ` EXHIBIT 3 CITY OF SALEM,MASSACHUSETTS aLICENSING BOARD 93 WASHINGTON STREET 2nd FLOOR SALEM,MA 01970 ROBERT M.ST.PIERRE,CHAIRMAN TEL.978-745-9595 EXT.5631 JOHN x CASEY FAX 978-744-1279 RICHARD C LEE KIMBERLEY DRISCOLL MAYOR MELISSA PAGUARO, CLERK OF THE BOARD_. Meeting: Salem Licensing Board was held Monday,June 11,2012 at 6:00 pm in the third floor conference room, 120 Washington Street.Present were members Robert St.Pierre, Chairman and John Casey, Rick Lee,Investigator for the Board,Peter Bagliopi and Melissa Pagliaro, Clerk. City Solicitor Elizabeth Rennard was also present. (Recorder was not working at this meeting) Approved: Vote to approve the voluntary surrender of the Annual Wine&Malt Liquor License for Upper Crust Pizza, 118 Washington Street,through their attorney Chad Colarusso. Mr.Casey motioned to approve the surrender of the License. Mr.Lee seconded. Mr. St.Pierre said all are in favor and the motion carries. Approved: Application for One Day Liquor and Entertainment License. Applicant: Diane Manahan for Salem Boys and Girls Club for fundraising event. Ms.Manahan said that the Clubs music program is running out of money. She said the plan is to have an event on the roof of the S.Harbor garage. Some acts will perform hoola hooping,martial arts, etc. and the tickets will be sold for$20.00. Mr. Casey said he has an issue with that might create in the evening hours. Ms.Manahan said that the music will be ambient. Mr. Casey asked if they could end by IOpm and how that would impact the event. Ms. Stathopolous from Crown Haven said that the neighborhood is noisy every Saturday night anyway and that there are really no neighbors at that section of Derby Street. Mr. Casey suggested that Ms. Manahan talk to the building and Fire departments and some of the neighbors and come back to the LB on the 9h of July. Mr. St. Pierre said he thinks the LB could approve it contingent upon her meeting with those departments and ending the event at 10pm. Ms.Manahan said the other involved in planning the event should be ok with that. Mr.Lee asked how many people they thought would attend. Ms. Manahan said she was not sure and said asked about specific insurance because it is on the rooftop. Ms.Rennard said that would be correct. Mr. Casey motioned to approve contingent upon the above conditions and Ms. Manahan providing Ms.Pagliaro with something in writing about those meetings. Mr. Lee seconded. Mr. St. Pierre said all are in favor and the motion carries. Approved: Application for(2)Two One Day Entertainment License. Applicant: St. Vasilios Church.Present: Pam Kaseris. Ms.Kaseris said that this is for the 2,d Annual Greek Family Picnic at Winter Island. She said they are all set with the police detail and they will be serving beer&wine. EXHIBIT 4 CITY OF SALEM,MASSACHUSETTS LICENSING BOARD 93 WASIJTNGTON STREET 2nd FLOOR SALEM,MA 01970 ROBERT M.ST.PIERRE,CHAIRMAN TEL.978-745-9595 EXT.5631 JOHN H.CASEY FAX 978-7441279 RICHARD C.LEE KIMBERLEY DRISCOLL MAYOR - MELISSA PAGUARO, CLERKOF THE BOARD Mr. Casey said he can certainly understand the neighbors' concerns. He said maybe the Board can help some concerns with and earlier closing time. Mr.Mattera asked if the Board was asking him to redesign the restaurant. Mr.Lee said that was an opinion. Mr. St.Pierre said there is no further discussion on this matter this evening and that Mr.Matters can come back to the next meeting scheduled in July. Approved: Application for a Common Victuallers License. Applicant:Ken Santiano and Richard Savrann, owners. Mr. Savrann said that the menu is staying the same and there may be some small changes as they go along. Mr. Casey.said it looks like all of the paperwork is in order and asked them to talk about the hours and days. Mr. Savrann said that the current hours are 11am-10pm but they would like to do 6am-10pm 7 days a week. Mr. Casey motioned to approve with the new hours. Mr.Lee seconded Mr. St.Pierre said all are in favor and the motion carries. Approved: Application for a Class 11 Auto Dealers License. Applicant: Salter Motor Sports,7 Florence Street. Present:Robert Salter,owner and Attorney Joe Correnti. Mr. Casey asked Mr. Salter to tell the Board about the business. Mr. Salter said that the business is now repair and storage. Mr. Casey said that he is allowed to sell up to 4 vehicles a year without a license. Mr. Salter said he needs the license so he can get dealers plates so people can take the cars out on test drives. Mr. Casey asked where he will be storing the cars. Mr. Salter said that he can fit up to 6 cars in the building. Mr. Casey asked if there was a certified engineering plan. Mr. Correnti said there is a plot plan. Mr. St.Pierre asked if there was a big lot. Mr. Casey pointed out that under MGL Chapter 140, a Class Ii license must be issued for the primary business of selling used vehicles not a repair shop selling them. Mr. Correnti said the idea of this is that he is selling classic autos. He said he acquires them from around the.country and restores them and sells them. He said he needs the dealer's plates to take the cars out on the road.He said that there will no cars left outside and this is his principle business. Mr. St.Pierre asked what types of vehicles. Mr. Salter said they are high end classic vehicles that range from 35,000 to 55,000 dollars. Mr. Correnti said that it is a boutique business. CITY OF SALEM,MASSACHUSETTS ° LICENSING BOARD _. 93 WASH NGTON STREET 2nd FLOOR SALEM,MA 01970 ROBERT M.Sr.PIERRE,CHAIRMAN TEL.978-745-9595 EXT.5631 JOHN H.CASEY FAX 978-744-1279 RICHARD C.LEE KJMBERLEY DRISCOLL MAYOR - MELISSA ARO, CLERK OF T1-M HH BOARD OARD Mr. Slater said without the plated there is no safe ort legal way for the customers to drive the vehicles. Mr. St.Pierre said he believes that some neighbors would like to speak. Mr.Patrick Higgins said that his mother is an abutter who lives on Cedar Street.He said that a couple of years ago the owners of the property were allowed to build a commercial use building. He said that the use of the building was stipulated in the variance and that in the R2 Auto dealers are not allowed.He said the neighbors will try to work with them but that this was done in bad taste.He said as it is now the previous stipulations were not met. Mr. Correnti said he is aware of the issues.Iie said that they had a meeting with the Building Inspector and that they would be happy to meet with the neighbors. He said it is true that two owners ago never finished the conditions imposed. He said he has spoken with zoning twice on these issues. Mr.Higgins said the bottom line is that an Auto Dealer is not allowed in that zone. Mr. Correnti said that he has a letter from the zoning officer. He said he does not feel that it is appropriate for the Licensing Board not to issue. Ms.Rennard said that the license can be entertained and conditions can be placed,based upon the the zoning enforcement officers letter. Mrs.Higgins said some of her concerns were about the delivery of the vehicles,noise,fumes and hours and days. Mr. Higgins said the current hours of operation sign says 8am-5pm. Mr. Salter said that he will be doing a lot of the business on line.He said the repair will remain 9-5 Monday thru Friday and that people will be calling to make appointments to come see and drive the cars. Mr.Higgins said that no one spoke to any of the abutters about this. He also talked about grinding metal which goes airborne. Mr. Correnti said there will not be any paint booths. Mr. Casey said he was by there on Saturday and that Unit#4 had a strong odor coming from whatever they were doing. Mr. St.Pierre said that he thinks the Board should follow the advice of the city Solicitor. Mr.Lee said that he motioned to approve the application contingent upon a letter from the zoning officer. Mr. Casey said he second s the motion and that the license will be limited to 6 cars. Mr. St. Pierre said all are in favor and the motion carries. Discussion: Street performers Rules&Regulations.Ms.Rennard said that she is working on combing the applications with the regulations. She asked to continue the discussion to the next meeting. Commun- ications: *Email from Councilor Sosnowski regarding 10 Howard Street Mr. St.Pierre said that it would be looked into when Detective Baglioni gets back from vacation. *Email regarding loud music at the howling Wolf Taqueria CITY OF SALEM,MASSACHUSETTS LICENSING BOARD a '= 93 WASHINGTON STREET 2nd FLOOR il?" SALEM,MA 01970 ROBERT M.ST.PIERRE,CHAIRMAN m s TEL. 978-745-9595 EXT.5631 JOHN x CASEY PAX 978-7441279 RICHARD C.R.EE KIMBERLEY DRISCOLL MAYOR - MELISSA HE B ARO, RK CLEOF THE BOARD *Autos being sold a t 171 Boston Street. Mr. St.Pierre said that Detective Baglioni would check on this as well. Old/New: Business: NONE Approved: Minutes from 5/14/2012 meeting. Mr. Lee motioned to approve. Mr. Casey seconded. Mr. St.Pierre said all are in favor and the motion carried. Adjourn- ment: Mr.Lee motioned to adjourn. Mr. Casey seconded. Respectfully Submitted, Melissa Pagliaro Clerk of the Board Submitted: June 14, 2012 Approved: f U1 17 Z O/2 08/08/2012 13:40 9787418509 THE UPS STORE PAGE 02/06 CONOI'(q yb� lQr THE COMMONWEALTH OFMASSACHUSETTS NUMBER 26-12 FEE $100 ti CITY OF SALEM 1 frA00-Y!,- •� USED CAR DEALER'S LICENSE—CLASS IL O r3UX&Np SELL SECOND-HAND MOTOR VEHICLES In accordance with the provisions ofChapter 140 of the General laws with amendments Thereto! SALTER MOTOR SPORTS,LLC Is iereby licensed to buy Enid sell second-bao.d motor vehicles at No. 7 FLORENCE S'T'REET SALEM,MA 01970 On promises described as fallows:-3,600 SQ FT BLDG WITH 3,000 SQ FT DEDICATED TOPREPARING .AND SHOWTNG CLASSIC CARS. 15'X15'MEZZANINE OFFICE LOCATED WITHIN THE BUILDING. THERE WTLL BE NO OVEPNIGHT OUTDOOR STORAGE OF VEHICLES. 6 ITE111CLES INSIDE—ROBERT F. SALTER P L l NSTNG2�BO TSS 1D—JUNE 1. 2012 HIS.LICENSE MUST BE POSTED IN A CONSPICUOUS PLACE UPON THE PREMISES. THIS LICENSE EXPIRES DECE7IABER 31,2012 EXHIBIT 5 General Laws: CHAPTER 140, Section 57 Page 1 of 1 Print PART I ADMINISTRATION OF THE GOVERNMENT (Chapters 1 through 182) TITLE )O( PUBLIC SAFETY AND GOOD ORDER CHAPTER 140 LICENSES Section 57 Sale of second hand vehicles; necessity of license; exceptions; auctions; reports Section 57. No person, except one whose principal business is the manufacture and sale of new motor vehicles but who incidentally acquires and sells second hand vehicles, or a person whose principal business is financing the purchase of or insuring motor vehicles but who incidentally acquires and sells second hand vehicles, shall engage in the business of buying, selling, exchanging or assembling second hand motor vehicles or parts thereof or allow any property under his control to be used as a place of sale or display of motor vehicles without securing a license as providing in section fifty-nine. This section shall apply to any person engaged in the business of conducting auctions for the sale of motor vehicles, and to any person engaged in the business of leasing or renting motor vehicles and who, as an incident to such business, sells or offers to sell any such lease or rental vehicle to the public. All sales of second-hand motor vehicles or parts thereof made by any person referred to in this section shall be reported weekly to the registrar of motor vehicles on such forms as may be prescribed by him. EXHIBIT 6 http://www.malegislature.gov/Laws/GeneralLaws/Partl/TitleXX/Chapter 14... 12/5/2012 General Laws: CHAPTER 140, Section 58 Pagel of 3 Print PART I ADMINISTRATION OF THE GOVERNMENT (Chapters 1 through 162) TITLE XX PUBLIC SAFETY AND GOOD ORDER CHAPTER 140 LICENSES Section 58 Classes Section 58. (a) Licenses granted under sections 59 and 59A shall be classified in accordance with subsections (b) to (d), inclusive. (b) Class 1. Any person who is a recognized agent of a motor vehicle manufacturer or a seller of motor vehicles made by such manufacturer whose authority to sell the same is created by a written contract with such manufacturer or with some person authorized in writing by such manufacturer to enter into such contract, and whose principal business is the sale of new motor vehicles, the purchase and sale of second hand motor vehicles being incidental or secondary thereto, may be granted an agent's or a seller's license; provided, that with respect to second hand motor vehicles purchased for the purpose of sale or exchange and not taken in trade for new motor vehicles, such dealer shall be subject to all provisions of this chapter applicable to holders of licenses of Class 2, except subsection (c), and to rules and regulations made under those provisions; and provided further, that such dealer maintains or demonstrates access to repair facilities sufficient to enable him to satisfy the warranty repair obligations imposed by section 71\11/4 of chapter 90, and shall remain liable for all warranty repairs made and other obligations imposed by said section 71\11/4 of said chapter 90. (c) Class 2. A person whose principal business is the buying or selling of second hand motor vehicles, a person who purchases and displays second hand motor vehicles for resale in retail transactions, and any other person who displays second hand motor vehicles not owned by him pursuant to an agreement in which he receives compensation, whether solely for displaying the vehicles, upon the sale of each vehicle, or otherwise, may be granted a used car dealer's license and shall be subject to the following conditions: (1) The person shall obtain a bond, or equivalent proof of financial responsibility as described in paragraph (5), and continue in effect a surety bond or other equivalent proof of financial responsibility satisfactory to the municipal licensing authority in the amount of$25,000 executed by a surety company authorized by the insurance department to transact business in the commonwealth. The bond or its equivalent shall be for the benefit of a person who purchases a vehicle from a Class 2 licensee, and who suffers loss on account of:- (i) the dealer's default or nonpayment of valid bank drafts, including checks drawn by the dealer for the purchase of motor vehicles, (ii) the dealer's failure to deliver, in conjunction with the sale of a motor vehicle, a valid motor vehicle title certificate free and clear of any prior owner's interests and all liens except a lien created by or expressly assumed in writing by the buyer of the vehicle; http://www.malegislature.goviLaws/GeneralLaws/Parti/TitleXX/Chapter 14... 12/5/2012 General Laws: CHAPTER 140, Section 58 Page 2 of 3 (iii)the fact that the motor vehicle purchased from the dealer was a stolen vehicle; (iv) the dealer's failure to disclose the vehicle's actual mileage at the time of sale; (v) the dealers unfair and deceptive acts or practices, misrepresentations, failure to disclose material facts or failure to honor a warranty claim or arbitration order in a retail transaction; or (vi) the dealers failure to pay off a lien on a vehicle traded in as part of a transaction to purchase a vehicle when the dealer had assumed the obligation to pay off the lien. (2) Recovery against the bond or its equivalent may be made by any person who obtains a final judgment in a court of competent jurisdiction against the dealer for an act or omission on which the bond is conditioned if the act or omission occurred during the term of the bond. Every bond shall also provide that no suit may be maintained to enforce any liability on the bond unless brought within 1 year after the event giving rise to the cause of action: (3) The bond or its equivalent shall cover only those acts and omissions described in clauses (i) to (vi), inclusive, of paragraph (1). The surety on a bond shall not be liable for total claims in excess of the bond amount, regardless of the number of claims made against the bond or the number of years the bond remained in force. (4) A separate bond shall be required for each different name under which the dealer conducts his business and for each city or town in which the dealer has a place of business. (5) In lieu of the bond required by this section, the municipal licensing authority may allow the dealer to deposit collateral in the form of a certificate of deposit or irrevocable letter of credit, as authorized by the banking laws of the commonwealth, which has a face value equal to the amount of the bond otherwise required. The collateral may be deposited with or executed through any authorized state depository designated by the commissioner. Interest on the certificate of deposit shall be payable to the dealer who has deposited it as collateral, or to a person as the dealer or the certificate may direct. (6)A surety shall provide to the municipal licensing authority notice of cancellation of the bond within 30 days of the cancellation. (7) Upon receipt of notification from a surety that a bond has been cancelled, the municipal licensing authority shall notify the licensee that he has 10 days to comply with the bonding requirement. If the licensee does not comply within the 10 day period, the municipal licensing authority shall revoke the Class 2 license and shall notify the registrar who shall suspend or revoke any dealer plate issued to the licensee pursuant to section 5 of chapter 90. (8) A municipal licensing authority shall not issue or renew a Class 2 license unless it is satisfied that a bond or equivalent proof of financial responsibility meeting the requirements of this section is in effect during the term under which the license shall be issued or renewed, and that the licensee maintains or http://www.malegislature.gov/Laws/GeneralLaws/Parti/TitleXX/Chapter l 4... 12/5/2012 General Laws: CHAPTER 140, Section 58 Page 3 of 3 demonstrates access to repair facilities sufficient to enable him to satisfy the warranty repair obligations imposed by section 7N1/4 of chapter 90. A used car dealer shall remain liable for all warranty repairs made and other obligations imposed by said section 7N1/4 of said chapter 90. (d) Class 3. A person whose principal business is the buying of second hand motor vehicles for the purpose of remodeling, taking apart or rebuilding and selling the same, or the buying or selling of parts of second hand motor vehicles or tires, or the assembling of second hand motor vehicle parts may be granted a motor vehicle junk license. (e) The registrar of motor vehicles, after consulting the office of consumer affairs and business regulation, shall adopt rules and regulations defining sufficient repair facilities for the purposes of subsection (b) and paragraph (8) of subsection (c). http://www.malegislature.gov/Laws/GeneralLaws/Partl/TitleXX/Chapter 14... 12/5/2012 General Laws: CHAPTER 140, Section 59 Pagel of 1 Print I PART I ADMINISTRATION OF THE GOVERNMENT (Chapters 1 through 182) TITLE XX PUBLIC SAFETY AND GOOD ORDER CHAPTER 140 LICENSES Section 59 Licensing authorities; expiration; fees; application; prerequisites; premises; ordinance regulations; revocation; notice Section 59. The police commissioner in Boston and the licensing authorities in other cities and towns may grant licenses under this section which shall expire on January first following the date of issue unless sooner revoked. The fees for the licenses shall be fixed by the licensing board or officer, but in no event shall any such fee be greater than $200. Application for license shall be made in such form as shall be approved by the registrar of motor vehicles, in sections fifty-nine to sixty-six, inclusive, called the registrar, and if the applicant has not held a license in the year prior to such application, such application shall be made in duplicate, which duplicate shall be filed with the registrar. No such license shall be granted unless the licensing board or officer is satisfied from an investigation of the facts stated in the application and any other information which they may require of the applicant, that he is a proper person to engage in the business specified in section fifty-eight in the classifications for which he has applied, that said business is or will be his principal business, and that he has available a place of business suitable for the purpose. The license shall specify all the premises to be occupied by the licensee for the purpose of carrying on the licensed business. Permits for a change of situation of the licensed premises or for additions thereto may be granted at any time by the licensing board or officer in writing, a copy of which shall be attached to the license. Cities and towns by ordinance or by-law may regulate the situation of the premises of licensees within class 3 as defined in section fifty-eight, and all licenses and permits issued hereunder to persons within said class 3 shall be subject to the provisions of ordinances and by-laws which are hereby authorized to be made. No original license or permit shall be issued hereunder to a person within said class 3 until after a hearing, of which seven days' notice shall have been given to the owners of the property abutting on the premises where such license or permit is proposed to be exercised. Except in the city of Boston, the licensing board or officer may, in its discretion, waive the annual hearing for renewal of a class 3 license. All licenses granted under this section shall be revoked by the licensing board or officer if it appears, after hearing, that the licensee is not complying with sections fifty-seven to sixty-nine, inclusive, or the rules and regulations made thereunder; and no new license shall be granted to such person thereafter, nor to any person for use on the same premises, without the approval of the registrar. The hearing may be dispensed with if the registrar notifies the licensing board or officer that a licensee is not so complying. In each case where such license is revoked, the licensing board or officer shall forthwith notify the registrar of such revocation. Any person aggrieved by any action of the licensing board or officer refusing to grant, or revoking a license for any cause may, within ten days after such action, appeal therefrom to any justice of the superior court in the county in which the premises sought to be occupied under the license or permit applied for are located. The justice shall, after such notice to the parties as he deems reasonable, give a summary hearing on such appeal, and shall have jurisdiction in equity to review all questions of fact or law and may affirm or reverse the decision of the board or officer and may make any appropriate decree. The parties shall have all rights of appeal as in other cases. http://www.malegislature.gov/Laws/GeneralLawS/Partl/TitleXX/Chapter 14... 12/5/2012 UP of balem, Anzarbuatto CITY OF'SALEM MA • �OarD of `�Cppeal CLERKS OFFICE Iill�lll�lllillll�llllll�lN 2081121MIA RAW Pg:144 121191209/ 13:39 N OTKR PS 119 _ i DECISION OF THE PETITION OF C &G REALTY LLC/CHERRY ST. REALTY ASSOCIATES REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 8& 10 CHERRY STREET AND 12- 14 CHERRY STREET R2 A hearing on this petition was held April 25, 2001 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne, Stephen Buczko, Stephen Harris and James Hacker. 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. The petitioner is requesting Variances from density and building per lot to subdivide land and a Variance to allow commercial use for the property located at 8-10 Cherry Street and 12-14 Cherry Street. The Variances, which have been requested, may be granted upon a finding by this / 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 and structure involve. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioners. 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 of 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: 1. Petitioner owns adjacent properties on Cherry Street. In his petition petitioner seeks to subdivide these properties to create a new lut and to construct a nes-.building on the rear portion of the property, with frontage on Florence St. 2. Existing residential properties on the Cherry St. lots would not be altered. However, the creation of the new lot increases certain nonconforming features of the existing properties. With respect to the 12-14 Cherry St. property, petitioner seeks these variances: total areal 2,347 sf, lot area per unit 1543 sf, frontage 66.37 ft,front setback 6.69 ft., side setback 4.67 and rear yard setback 17.91 ft, height of building 3 DECISION OF THE PETITION OF C & G REALTY LLC/CHERRY ST. REALTY ASSOC. REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 8-10 CHERRY STREET AND 12.14 CHERRY STREET R-2. RONAN, SEGAL& HARRINGTON 59 FEDERAL ST. SALEM,MA 01970 EXHIBIT 7 e 2081121806884 Bk:1892 Dg:145 • ♦ 12/18/2001 13:39.00 OTHER Pp 219 DECISION OF THE PETITION OF C& G REALTY LLC/CHERRY ST. REALTY ASSOC. REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 8-10 CHERRY TREEi AND 12-14 CHERRY STREET R-2. �f age two ZO'v stories. In addition, petitioner seeks a variance to allow two principal buildings on one lot. 3. As to the property at 8-10 Cherry St, petitioner seeks variances from area to 12,171 sf,lot area of 1,520 per unit,frontage 64.88 ft, front 7.59, side 8.08 and rear yard t NC setback 15.50 requirements and from building height to 3 stories. V 0 4. On the proposed new lot petitioner seeks a variance to construct a 3900 sf building PQQf in which to house an office-and warehouse fora construction company Petitioner �j see7s a variance for the proposed use, and also for lot area and rear yard setback requirements. The proposed building would conform to the ordinance's requirements in all other respects. 5. Through his Attorney George Atkins III, petitioner conferred with abutters and neighbors regarding his proposal, which was initially brought before petitioner's request until the April meeting. 6. Several neighbors expressed strongly held concerns about the current condition of the lot, which is wooded and has become trash filled and derelict. In the interest of allowing the proposed improvements to take place these neighbors offerad 441 conditional su port for the etition rovided that the petitioner would undertake to fence off the rest ential areas from the proposed commercial lot, and provided that a landscaped buffer would be rested an maintained on their properties ani etitioner's to at Visual ual and auditory screen een the nelghtdrs�and the 02 business.To this and, neighbors created aour-page Plan of Conditions setting Orth conditions under which they would grant their aopr_ovaI of the proposed_ Petition and they drew up a Landscaping Plan, dated 4/23/01, setting forth the type and location of plantings that would form a landscape buffer between the residential and commercial portions of the properties. Petitioner reviewed the Plan of Conditions and the Landscape Plan prior to attending the meeting of the Zoning Board of Appeal,and agreed to accept each of the conditions set forth in these ent which are incorporate y reference as i ully set orth herein as part of the Board's decision in this case. 7. Among the neighbors who spoke at these meeting were Vincent Higgins of 20 Cedar St. and his daughter Michelle McNaught Higgins, Ann Marie Sobotka of 44 Cedar St., Greg Booth of 15 Porter St., Patrick Higgins, Tish O'Brian of 21 Cedar St., Louise Robinson of 24 Cedar St. and Nestor Grullon of 14 Porter Street. On the basis of the above findings of fact, and on, the evidence presented at the hearing, the Zoning Board of Appeal concludes as follows 1. Special conditions exist which especially affect the subject property but not the district in general. 2001121668684 HIM P9146 12/79/2007 1339 00 OTHER DR 319 DECISION OF THE PETITION OF C&G REALTY LLC/CHERRY ST. REALTY ASSOC. REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT&10 CHERRY ST. AND 12-14 CHERRY STREET R-2 page three 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioner. 3. Desirable relief can 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. Therefore, the Zoning Board of Appeal voted 5-0, to grant the Variances requested, subject to the following conditions; 1. Petitioner shall comply with all city and state statures, ordinances, codes and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. All construction shall be done as per the plans and dimensions submitted. 4. Petitioner shall obtain a building permit prior to beginning any construction. A Certificate of Occupancy shall be obtained. 6. Exterior finishes of the new construction shall be in harmony with the existing construction. 7. Petitioner is to obtain approval from any City Boards or Commission having jurisdiction including, but not limited to,the Planning Board. Petitioner shall install landscape butter area on his own property and that of abutters, as specified in the attached Landscape Plan, dated 4/25/01. Petitioner shall install landscape buffer as specified in the attached Plan of Conditions submitted 4/25/01. Variance Granted April 25, 2001 Nina Cohen, Chairman Board of Appeal 1001121880804 Bk:1M Pg:141 12/18/2001 13:39:00 OTHER P9 419 DECISION OF THE PETITION C&G REALTY LLC/CHERRY S. REALTY ASSOC. REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 8-10 CHERRY ST. AND 12-14 CHERRY STREET R-2 page four 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 Massachusetts General Laws 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 Massachusetts General Laws Chapter 40A, Section 11. The Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the _ certificate of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed,that is 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. 41 Board of Appeal JUN g 2001 I hereby car"that 20 days haw wOred ftom the date this lnetrumsrtt was received, and that NO APPEAL has been filed in this office. A True Cono ATTEST.` ITY CLERK, Salem, Mass. C�✓� r��v� s 1VIOmi > —d X2510/. RE: PETITION OF C & G REALITY LLCICHERRY STREET REALTY ASSOCIATi 3 LLC REQUESTING VARIANCES TO CREATE A THIRD PARCEL ON FLORENC STREET CONDITIONS 2001121B008B4 Bk,18062 Pga48 Condttlons Durino Construction 12/18/2001 13:39:00 OTHER PR 519 -20 Cedar Street-Existing chain link fence to remain. The 6' high cedar stockade fem:: will be placed on#16 Cherry Street(Multi family dwelling) property. -24 and 36 Cedar Street- Existing chain link fence is to be removed and replaced N„ the 6' high cedar stockade fence. - -20, 24 and 36 Cedar Street- The posts of the cedar stockade fence are to be place: i facing #16 Cherry Street (the multi family dwelling) and the proposed commerm, I building. The architectural side of the fence is to face 20, 24 and 36 Cedar Street. -24 Cedar Street-Existing hedge to remain. -The 6'cedar stockade fence is to have the following shape on the top of the fence: + i II i � -Cedar stockade fence is to be placed in stable soil. This will require the hinge of t;,, existing slope to be reworked- -15 Porter Street-The stockade fence needs to be added (if not there already) from t..1, comer of the 6 bay garages to the house at 15 Porter Street. -Hydroseed mix to be determined. Mix should be used to attempt to stabilize tlH: existing and proposed slopes. -All proposed trees are to be mature, 10' tall trees. -All shrubs are to be mature shrubs. -Final placement of all trees, shrubs and mulch lines are to to verified with the prope owners of 20, 24 and 36 Cedar Street. 2MI121HISH RAW Pg:149 2 17/78/2001 73:39:00 OTXER Pp 6/9 -Order of work— t. 6' cedar stockade fence is to be installed prior to start of work on tie proposed building. 2. Trees, shrubs and mulch are to be installed within the fenced in yards of ), 24 and 36 Cedar Street 3. As soon as the slopes at 24 and 36 Cedar Street have been regraded a e slope is to be hydroseeded within 7 days. - Clean up- 1. Debris, waste material and scrap shall be removed by the Contractor from :%r, 24 and 36 Cedar Street on a daily basis. 2. Upon completion of the work at 20, 24 and 36 Cedar Street the Contras,lr shall remove all equipment, rubbish and waste material in the area that h-s been worked and shall leave the premises and the work performed all in ne .it and proper condition. -Hours of operation 1. Work is restricted at 20, 24 and 36 Cedar Street to the hours of 8:00 am to 5:00 pm, Monday to Friday. 2. No work shall be done on Saturdays, Sundays or Holidays. 3. At the end of each working day (including prior to the weekend),the contract: r shall ensure that the properties have a working fence line even if a tempor..'r y fence needs to be installed. - Dust Control 1. The Contractor shall maintain a systematic method of dust control at all fim•.s during Construction. Pre Construction Meeting 1. The Contractor shall set up and attend with the property owners of 20, 24 ai 11 36 Cedar Streets a pre construction meeting- 2.. eeting.2.. The meeting is to include a site walk and address siart dates of constructior , schedule layout areas and all issues regarding construction. 3. The meeting shall be held no less than 1 week prior to start of any construction, delivery or storage of materials or equipment, or any work a i site. Plantings at 20, 24 and 36 Cedar Street 1. All plants provided and installed shall be individually tagged prior to digging. 2. Property owners at 20, 24 and 36 Cedar Street to inspect trees and shnul; before they are installed on their property. If the property owner(s) a. dissatisfied with the condition of the plantmg(s) the Contractor shall replaf:: the tree(s) and shrub(s) in question immediately. 2001111800804 Bk:lmz P050 121i9f2001 13:39:00 OtHFA Pp 719 3 3. Ail trees and shrubs shall be planted within 5 days of arrival on site or shill not be used- 4. Container grown shrubs stored on site shall be shaded from direct sunlight st all times and shall not be stored on paved surfaces. 5. Plant pits shall be excavated according to industry standards. S. Planting soil mix shalt be provided: 7. Loosen the perimeter nests on the rootball of all container plants prior o planting. 8. Remove plants from their containers immediately before planting. 9. Handle plants carefully to prevent damaging roots. 10. Place each plant in an individual hole and firm the loam around the roots. 11. Water thoroughly and mulch. 12 Fertilizer tablets should be added after the plant has been placed in the holt. 13. All plants shall be watered Immediately following planting. 14. Contractor to maintain all new plantings for 60 days folkrwing the completi-n of all plantings on the individual properties of 20. 24 and 36 Cedar Stere t. Maintenance of the new plantings will consist of keeping the plantss in a healthy growing condition. This is' to include watering and anything else necessary to keep the plants healthy. 15. The contractor shall remove plants that die during the 60-day maintenanr.e period within one week of receiving notification from the property ow ii!r during the growing season. 16. All trees and shrubs at 20, 24 and 36 Cedar Street shall be warranted by tie Contractor for a period of 1 year. Plants found to be unacceptable by i`e property owners of 20. 24, and 36 Cedar Street shall be promptly remov d from the site and replaced immediately if during the growing season or duri g the next normal growing season. Reference and attach plan indicating agreed upon items. Number of planting The construction conditions must reference the agreed upon site plan including rre date. a 2"1121MIN4 BUM NAM 12/1e/2001 13:39:00 OTHER P9 $19 Permanent Condrtrons -Tree Damage on Developer's property 1. Any of the trees, that are proposed or are to remain located on the developers properties. a. Which become damaged must have corrective maintenaru:e action taken immediately. ' 1� Broken limbs shall be pruned according to industry standards. a Trees that are damaged irreparably must be replaced by 111e Contractor with mature tress of the same type or similar which are at least 10' tall, The trees will be replaced within 30 days A being notified. Od if the existing willow tree (that is to remain) located at#16 Cher y Street is damaged irreparably the free must be replaced with 1 mature. 10' Little Leaf Linden and 1 mature— 10' Canadi.ln Hemlock. OAll new trees shall be spaced 121-151on center. -Stockade Fence on Developer's property 1. Fence is to be maintairmid in good working condition. Repairs to file fencing will be made immediately upon notification that repairs we necessary.This will Include but Is not limited to removing graffiti. 2 If the fence is need of replacement the fence shall be replaced with U to same type that was agreed upon in the conditions during construction. The permanent conditions must reference the.agrsed upon site pian InchrditS the date. Mop 34 Lot 101 N/p .(Typical) rl ° G Steven J. 4 \� 189.81 2d 6Y Booth 1 2 15 Porter Street Book 124 4 Page ACCO Nqf C:Vis_:•( yrLp�14N� Existing 7 B 9 10 0.94' 11 396 sq.ft F1bfAl"l, 6 Boy Bil. Conc. Proposed i IJA4: P kin. 0 j. r14fRw/re (Typical) � R,•.f{-f1�-Psih �.� 15.50' Existing � p..;r I•I•... �rnef 114H. Goroge ry 4ZA `S' Lol B CS � s l , CF I> 12.171 4 fl. (� ``' ar 1•<'CU rA�1<...{.c� S85-A'E d Loh,,Z(�I— �O(, z ,z �q I 87'3 •3..11r G✓rFr�.i-J 'wN�ow 11 0 N uo"I'Nw fFFF W L 9 e 7 6 5 4 3 2 U — ✓/•./ z2 (Typical) /- L t ..a c'e:c�— 0 i%Sf,lN1NB _ 13.65' I."cArc4r^f' v.e-Cyf{Ccc 0 JdI A _. 13.86' Bit. Conc. /211 Ira i C , 11 ries"-� i ` \�o•.. N '"b '� 1 3�Sy 35.4 . .. Y_ltli„1C ff4 K.<•l 5 •f,r Rn11Alr•Ilt`(P)--.__. t. .:q' DwellingrV ry �-+ 1LvIS f✓� Wim' •>!J .hF•r�hlN fB SfdGKh.GE M1RA /,, 9'x22' F , N�W HenU� A 66.70' 85'49'41"W / lPFit ' a� .. . �+y - ���-t`'e op 34 Lot 94 1 0 Lot 95 Mop 34 Lot 97 Mop 3d'Lo r; p•e N/F ..Srf ; lam• NSF . . '>ic y N/FJoanne N/F George Parish Realty Trust li g41/(��."Louis W. & Alberline Robeson '• ^tsar W. Joon o. etR. Higgins. James Perkins Saunders Clinton D & C'estorine Madden. TE, I• '- ` i ar Street 20 5[rPet 18 Cherry Street dor Str et c�.r.Book 6318 Pdge 53:: _ Book n 3 page 58 Book 5673 Page 391 36 Book 12422 Po9'e '2.54 (/ I'cXl S`>"✓ Iry *�44 ydn'D 11 •+'•" (taro lx' �✓z^FOSICi� Hcul �"IIcr .-9.rLE 'Evtf (i.a .SfOLKAa{ T* La£ LtAF n1NWeJ JGRAt Ci.�i1�.•?1 O{. l CITY OF SALEM, MASSACHUSEM -� BUIT.DING DEPARTMENT 120 WASHINGTON STREET,3-FLOOR TEL(978)7459595 FAX(978)7409846 KIMBERLEY DRISCDLL MAYOR THOMAS ST.PIERRE DIRECCOR OF PLBTIC PROPERTY/BUIIAING COMMISSIONER July 20,2011 Joseph C.Correnti,Esquire Serafini,Darling&Correnti,LLP 63 Federal Street Salem,Massachusetts 01970 Re: 7 Florence Street Dear Attorney Correnti: Ibis letter is in response to your inquiry and our meeting concerning the property located at 7 Florence Street. You have asked for a determination on whether anautomouve r azr stomr;e, and warehousing use would be a permitted use at the premises. As you know-,e premises was created by subdividing two residential lots on Cherry Street and is in the R-2 Residential zoning district. Our records indicate that,by Decision dated April 25, 2001, variances were granted by the Zoning Board of Appeal allowing commercial use for the premises and construction of the existin ca�ercial building. The proposed use at the time was for a construction office and warehousi�lg an maintenance of construction vehicles and equipment. After reviewing the ZBA Decision granting relief or commercial use, I determine that the proposed commercial use would be permitted. Should your client desire to make any improvements to the premises, then any appropriate building permits should be obtained through this office. Very truly yours, Thomas St.Pierre EXHIBIT 8 08/08/2012 13:40 9787418509 THE UPS STORE PAGE 04/06 e BUILDING DEPARTMENT 120 wAsmNGToN STREET,3n FLOOR TEL. (978)745-9595 FAX(978)740-9846 KIMBERLEY DRISCOLL THOMAS ST.PIERRE M 1XORDIRE CTOR OF PUBLIC PROPF,RTY/BUILDING COMMiSS101"U.' RECF! ucer�slt,. July 11: 2012 City of Salem Licensing Board Chief Robert St.Fierre-Chair 93 Washington Street Salem Ma. 01970 R.E Salter Motor Sports-7 Florence Strcct Dear Chair and Board Members, This letter is a response to the issue of whether the occasional sale of a restored classic automobile at the site conforms with the legal non-conforming use of this site. Salter Motor Sports L.L.C. owns and operates 7 Florence Street,a commercial warehouse building.The owner is engaged in the business of warehousing classic cars in.the building as well as restoring classic cars within the building and on an individual basis.It was agreed that a spray booth would rot be allowed. . I understand that Salter Motor Sports has applied for a used car license in order to obtain" dealer plates"so that a restored vehicle could be legally driven on the street.I also have read the restrictions the Licensing Board has placed on the license. it i3 my opinion that the occasional sale of classic restored vehicle on site and by apnoiutmcnt only,tits within the nature and purpose of the commercial use permitted at the site.There should be little if any im7act to the abutters and the intensity of the use docs not change by the occasional test drive of a vehicle conducted by appointment only. The additional use does not increase the equipment or number of employees- )do agree that any expansion of the limited used car License,beyond what was described by the Licensing Board, would not be allowed without appropriate zoning relief Smo<cly Thomas St.Fierre EXHIBIT 9 �OPItNTq� CITY OF SALEM, MASSACHUSETTS DEPARTMENT OF PLANNING AND � so COMMUNITY DEVELOPMENT KIMBERLEY DRIscoLL MAYOR 120 WASHINGTON STREET ♦ SALEM,MASSACHUSETTS 01970 TELE:978-619-5685 ♦ FAX:978-740-0404 LYNN GOONIN DUNCAN,AICP DIRECTOR December 5, 2012 Joseph A. Wellington, Esq. 50 Leavenworth Street Waterbury, CT 06702 Dear Mr. Wellington: I hereby certify that the copy of Thomas St. Pierre's letter to the City of Salem Zoning Board (Chief Robert St. Pierre—Chair), dated July 11, 2012, is a true copy from the record of the Zoning Board of Appeals' file on the 7 Florence Street petition. Yours truly, -I hAz A'U-h Danielle McKnight s3` 9flpMessimal rade in great iendreon. g �� >it=L':.: Accessories included$2500 1 314754988 BEAUIPULBWECME CORSO..IfTAL" USED APPMCES—GEself-deanmg.white. _ MASiIfF).lfemate. 17weeks ofd:MustSee! *--`"i SM,eftluBE n9e with 5lr> ceramo cooktpp-- POSH MOWER- $600.Good hane 6 series ropin.ov Bosch 64Thol.Compacor:white $88'. _ .SED ff1tID-$tm Ca8978-390ffi20 Bosch64503-982,447 or5ear00�ior,whte _ 46031347-1540 Bergh Mace Coal fats B Kittery $SO.C�50338T4470a508-9�E110. Avadade$1503900 WASHER.DB0-AND fB!ME flf1Ant ThS.e RecS.ord rd D's 6WI8A136aIuxooi,ad@i,,,, n lmffqwl,$750tort V!e@ryThan!L,&*in 478-74 e, higd blackhKigo 2yas olitt750 yet 2M Vvudngtm SC,Salari 978-745-0777 Caradrm,Cock�oOs,Uo OoNe, -fAgidaceMoAV Must Sell. old.E300.Al Boson Tema: . Woo?le W new Monmg MustSell. Sr hale Vi Abels (up-new3DOD. BrJpoo.Po + 60i 9tli997 ' 978-%5-3352 ��w�� des ��. .e[c$3%+ 60:1-942-9970 ween GEflMAN SHEPNEBD PUPS;AKregistered i. VJHIflIPDOI, 'washa treuiine,white. /SCREEN DOOfl.32'x80- �fi M% 013drvomed.$600each _y _top be daIOa nnv,$2DO or best offer - oak 6 Gas CoffnTable,E35 CA 603-974:1249 Call_603-216,p621(Dany NH Area). ReplaceSaeeo Enervatedda¢e.S7S. $60OINNGSET Maple tahlewiifi2 4 Cad(978)6839402 after SAdr ' vl:exccee[ern TO OF MIDDLETON n" F APPEALS BOAR O - . -�- - CITYOF SALEM The Middlet Board of Appeals ZONING BOARD OF APPEALS will hold a publi meeting at 7:00 Roar Suffers Pull ' High Speed 978-6193685' - P.M. on October 5, 2012 at the- Model 2000 flym $ , General 17in Will hold a public hearing for all Fuller Meadow I'Media Cen- $150. VonshIdor arpet machine persons Interested in the petition far,143 South Main et to act on $250 C n1-(9781 74 - of JOANNE R. HIGGINS for an ad- 9 Petitio with act on the allow n t - es ministrative appeal of a decision of to the Middleton Zon Bylaw arid - - ALWAYS BUYNG ues 6 vi the Building Commissioner.for the M.G;L C40A. - nte9e'fumwre, property located at 7 FLORENCE ST, 2508 Maple Street Map 19,Lot etc PottMeed rya sing,toys 6 oriental] Salem,MA 140A,Gino Leone Is king a 1/ari- Arr fvldz,9783883023 -Said .hearing will be,field on ance.frem the requir side yard 'E WEDNESDAY,OCTOBER 17, 2012 pursuant to ction 4.1 or at 6 30 P.m. 3rd floor, 120 WASH the Middleton Bylaws accommo- ` CITY F SALEM INN STREET,ROOM 313_ ' - data an endosed yin place: - ZONING_ BOA D OF APPEALS Rebecca.Cunan of the existing deck access to fits -9 93885 basement d the ho " will hold a pu Ic hearing for all SN 1073,10/1D)12 - t base . Application" persons.interest in the petition - All Zoning and Applipbons of NORTHEAST BEHAVIORAL - are available f swing prior to the- an dTiHapp kid a cease mee0ng dot at::Middleon DPW esist order of th ullding l(f TOWN OF MIDDLEfON. Buetlirig, Norih.Main Street,.- r7or8teproperty ted x141 BOARD OF APPEALS 01949. SON ST.,Safem,I ibs '-The Middleton Board of Appeals SN- 10,10/17712 find will hearing e he Wili hold a putilic rheedng at 7: EDNE$DAY,OCTOBEJi 17 201 on October 25,.2 1s f 16:30 p.m.. 3rd floor,.123 WASH- Fu - m Center, TOWN OF MIDDLETON N TONSTREbT,ROOM373. 143 South Main Street to act on the - BOARD OF APPEALS 1-10/3,i0/10%/b Curran,Chair following petition with respect to Me The Middleton Bo Middleton Zoningand of Appeals`- _ C40K Bylaw and M.G.L will hold a public.meebng at 7:00, . 973 South Main .p P.M..on October_25,'2012 at the Y' - Street,Ma 29, Fuller Meadow School Metlia Cerner,. - IFI `trunic Registration Lot 61A,Pursuant to Section.9:A of 143 South Main Street to act on the eg' Systems,Inc. the Middleton:Bylaws, hevoluryon fgeowhi petition with respect W to the recorded with the Essex County Industries Inc.Is seeking a Special Middleon Zonln with re and Mo tixi ' ider by assignmemforbreach of Penn R in.accomano, with Section C40A - October 17,2012 at 15 Oak Leaf 'g,$.2 and the Table of Lisa Baguio- 172 Essex Street, Map 10, Lot tions C.14 authorizing the use and 20, pursuant to Section 9.4 of'the - I retail the'- redevelopment omfent of the property for, Middleton BYiawm, D.U.0 Resider- - safeagars and on f xemisas ryaf LLC is seeking a Special Perrnft I 4 . sale of beverages and light-food ICY.accordance with-Sectin Per it -. HIM with entertainment Petitibner allow:the earth removal in coh. p . ,created pursuam to and in P also seeking Site,Plan AppmvaL tin with the construction of the Fs. *- Registry of Deeds;Book 10301, die on�BByylIaws�AppOeary n APPlisex eatfoq Crossing subdivision: ,July 3,1991,and recorded with -qll Zonln Board .age 17;Plan Book 260,Plan 89; g Applications All Zoning -Board Applications- 9 D ton 95 . _ available fo€viewirtgPrior o f11e are avaltabie or viewing prior o the *` meeting date at Mkidfeton DPW mee0rtg'date at Building,195 North Main Street Middleton DPW Binding,195 Ndrtii ,"{ Mkddleon,MA 01949 Main Street,Middleton,MA 01949. ched.to.Deed and Assignment SN-10/10,10/17712 SN-10/10,10/17/12 fish uhitplan is etcopy of a par- ;ter 183A of the General Laws of - MORTGAGEE'S NOTICE OF SALE OF REAL ESTATE - as defined and described inthe BY virtue and in execution of the Power of Sake contained in a certain - m Pu scant to the terms of Mas Mortgage given by Andrea McLennan to Mortgage Electronic Registration the Registry and all applicable Syms,Inc.as nominee for,Taylor,Been.&WhitakerMortgage Corp.,its - successors and assigns, dated January 26,2007 andrecordedWnhr the e 412,and the rules and regula- Essex County(Southern District)Registry of Deeds at Book 26511,Page; common expenses. 6 of which the Mortgage the undersigned is the Present holder by assign- ment for breach of the conditioof said Mortgage and for the purpose of --' -ns n lobar 17. EXHIBIT 10 CITY OF SALEM, MASSACHUSETTS n m' BOARD OF APPEAL L }4 a; _ 120 WASwNGTON STREET+SAt.enf,MASSACHUSEI7S 01970 'I1=1.E:978-619-5685 + FAX:978-740-0404 KiNoERLEY Diuscou. MAYOR SPECIAL MEETING NOTICE ZONING BOARD OF APPEALS November 7, 2012—7:00 P.M. (not 6:30 as usual) City Hall Annex,120 Washington Street, Salem, MA, Room 313 Rebecca Curran, Chair MEETING AGENDA 1. Executive session for purposes of discussion of litigation in the action styled Byrne v. Curran,ESCV 2012-01567,relative to 16 Saunders Street 2. Approval of Minutes: October 17, 2012 meeting 3. Petition of ERIC GLASS requesting a Special Permit to expand a nonconforming use in order to conduct bottling on the premises of 51R CANAL ST/4 FLORENCE ST (B4 &R2) 4. Petition of NORTHEAST BEHAVIORAL HEALTH CORP. appealing a cease and desist order of the Building Inspector for the property located at 41 MASON ST. (NRCC) 5. Petition of JOANNE R. HIGGINS for an administrative appeal of a decision of the Building Commissioner for the property located at 7 FLORENCE ST. (R2) 6. Old/New Business 7. Adjournment Know Your Eights ender the Open Meeting Law M.G.L a 39 f123B and City Ordinance Sections 2-2028 through 2-2033. EXHIBIT 11 CITY OF SALEM ZONING ORDINANCE September 10, 2009 EXHIBIT 12 CONTENTS SECTION 1.0 PURPOSE AND AUTHORITY.......................................................................... 1 1.1 PURPOSE....................................................................................................................... 1 1.2 AUTHORITY................................................................................................................. 1 1.3 SCOPE............................................................................................................................ 1 1.4 APPLICABILITY........................................................................................................... 1 1.5 AMENDMENTS............................................................................................................ 1 1.6 SEPARABILITY............................................................................................................2 SECTION2.0 DISTRICTS........................................................................................................3 2.1 ESTABLISHMENT........................................................................................................3 2.2 OVERLAY DISTRICTS................................................................................................3 2.3 ZONING MAP................................................................................................................3 2.4 LOT SPLIT BY DISTRICT BOUNDARY LINE..........................................................4 SECTION3.0 USE REGULATIONS.........................................................................................5 3.1 PRINCIPAL USES.........................................................................................................5 3.2 ACCESSORY USES......................................................................................................9 3.3 NONCONFORMING USES AND STRUCTURES................................................... 10 SECTION 4.0 DIMENSIONAL REQUIREMENTS................................................................ 13 4.1 GENERAL REQUIREMENTS.................................................................................... 13 4.2 ROOFING OVER OR ENCLOSING EXISTING PORCHES.................................... 16 SECTION 5.0 GENERAL REGULATIONS........................................................................... 18 5.1 OFF-STREET PARKING ............................................................................................ 18 5.2 LOADING ....................................................................................................................22 5.3 SIGNS...........................................................................................................................24 SECTION 6.0 SPECIAL REGULATIONS.............................................................................25 6.1 REMOVAL OF EARTH PRODUCTS ........................................................................25 6.2 TRAILERS ...................................................................................................................26 6.3 AUTOMOBILE SERVICE STATIONS......................................................................26 6.4 SALES OF MOTOR VEHICLES AND BOATS.........................................................27 6.5 RELIGIOUS OR EDUCATIONAL INSTITUTIONS.................................................28 6.6 WIRELESS COMMUNICATION FACILITIES (WCF) ............................................28 6.7 DRIVE-THROUGH FACILITIES...............................................................................31 6.8 VISIBILITY AT INTERSECTIONS ...........................................................................35 6.9 LAND-BASED WIND ENERGY FACILITIES............................................35 SECTION 7.0 SPECIAL RESIDENTIAL REGULATIONS ..................................................44 7.1 MULTIFAMILY DEVELOPMENT............................................................................44 7.2 CLUSTER RESIDENTIAL DEVELOPMENT...........................................................46 7.3 PLANNED UNIT DEVELOPMENT...........................................................................47 SECTION 8.0 SPECIAL DISTRICT REGULATIONS .......................................................... 51 8.1 WETLANDS AND FLOOD HAZARD OVERLAY DISTRICT (WFHOD) ............. 51 8.2 ENTRANCE CORRIDOR OVERLAY DISTRICT(ECOD)...................................... 57 8.3 BUSINESS PARK DEVELOPMENT DISTRICT ...................................................... 58 8.4 NORTH RIVER CANAL CORRIDOR NEIGHBORHOOD MIXED USE DISTRICT (NRCC).....................................................................................................................................61 8.5 CONSERVATION OVERLAY DISTRICT(COD).................................................... 70 SECTION 9.0 ADMINISTRATION AND PROCEDURES....................................................72 9.1 ENFORCEMENT.........................................................................................................72 9.2 VIOLATIONS..............................................................................................................72 9.3 BOARD OF APPEALS................................................................................................73 9.4 SPECIAL PERMITS ....................................................................................................74 9.5 SITE PLAN REVIEW.................................................................................................. 75 SECTION 10.0 DEFINITIONS...................................................................................................80 1 SECTION 1.0 PURPOSE AND AUTHORITY 1.1 PURPOSE. For the purpose of promoting the health, safety, convenience,morals or welfare of the inhabitants of Salem,the zoning regulations and restrictions of this ordinance,ordained in accord with the provisions of Chapter 40A of the General.Laws and, in the case of signs, ordained in addition in accord with the provisions of Section 29 of Chapter 93 of the General Laws,are designed among other purposes to lessen congestion in the streets;to preserve health;to secure safety from fire,. panic and other dangers;to provide adequate light and air;to prevent overcrowding of land;to avoid undue concentration of population;to facilitate the adequate provision of transportation,water, sewerage, schools,parks and other public requirements;to conserve the value of land and buildings;to encourage the most appropriate use of land throughout the City; and to preserve and increase its amenities,to preserve and protect the water supply,open space and conservation of natural resources, to prevent the pollution of the environment and community blight,to ensure housing for all income levels and compliance with the master plan of the City of Salem; all as authorized by, but not limited to, the provisions of the Zoning Act, G.L. c.40A, as amended, Section 2A of 1975 Mass.Acts 808, and by Article 89 of the Amendments to the Constitution of the Commonwealth of Massachusetts. 1.2 AUTHORITY. This Zoning Ordinance is enacted in accordance with the provisions of the General Laws, Chapter 40A, and any and all amendments thereto, and by Article 89 of the Amendments to the Constitution of the Commonwealth of Massachusetts. 1.3 SCOPE. For these purposes, the construction, repair, alteration, reconstruction, height, number of stories,and size of buildings and structures,the size and width of lots,the percentage of lot area that may be occupied,the size of yards, courts, and other open spaces,the density of population, and the location and use of buildings, structures, and land in the City are regulated as hereinafter provided. 1.4 APPLICABILITY. All buildings or structures hereinafter erected, reconstructed, altered, enlarged, or moved,and the use of all premises in the City, shall be in conformity with the provisions of the Zoning Ordinance. No building, structure or land shall be used for any purpose or in any manner other than is expressly permitted within the district in which such building, structure or land is located. Where the application of this Ordinance imposes greater restrictions than those imposed by any other regulations, permits, restrictions, easements, covenants, or agreements, the provisions of this Ordinance shall control. 1.5 AMENDMENTS. This Ordinance may from time to time be changed by amendment, addition, or repeal by the City Council in the manner provided in G.L. c. 40A, s.5, and any amendments thereto. 1.5.1 Petition to Amend. A descriptive plot plan shall accompany all petitions to amend this Ordinance for the purpose of changing the boundary lines of districts as shown on the zoning map. Such plan shall be filed with the City Clerk , and a duplicate copy of such plan shall be filed with the Planning Board. The plan shall be drawn accurately, sufficiently clear to show clearly the following data: 1. The metes and bounds of the site; 2. All streets and other reference marks; 3 SECTION 2.0 DISTRICTS 2.1 ESTABLISHMENT. For the purpose of this Zoning Ordinance,the City is divided into the zoning districts set forth below: RESIDENTIAL DISTRICTS Residential Conservation (RC) Residential One Family (R1) Residential Two Family (R2) Residential Multifamily (R3) COMMERCIAL AND MIXED USE DISTRICTS: Business Neighborhood (B 1) Business Highway . (132) Business Wholesale and Automotive (134) Central Development (135) Business Park Development (BPD) North River Canal Corridor (NRCC) INDUSTRIAL DISTRICTS: Industrial (I) 2.2 OVERLAY DISTRICTS. In addition, the following overlay districts are also hereby established in Section 8.0: Wetlands and Flood Hazard Overlay District (WFHOD) Entrance Corridor Overlay District (ECOD) Conservation Overlay District (COD) 2.3 ZONING MAP 2.3.1 Establishment. The location and boundaries of these districts are hereby established as shown on a map entitled "Zoning Map of the City of Salem" dated August 27, 1965, as may be amended, on file in the office of the City Clerk, which map, with all explanatory matter thereon, is declared to be a part of this Ordinance. 2.3.2 Amendment. If, in accordance with the provisions of this Ordinance and the General Laws, Chapter 40A, amendments are approved by the City Council which involve changes in district boundaries or other matter portrayed on the zoning map, such changes shall be made promptly on the zoning map. 2.3.3 Official Copy. Regardless of the existence of purported copies of the zoning map which may be made or published from time to time,the zoning map on file in the office of the City Clerk shall be 5 SECTION 3.0 USE REGULATIONS 3.1 PRINCIPAL USES. Except as provided by law or in this Ordinance in each district,no building or structure shall be constructed, used or occupied,nor shall land be used or occupied, except for the purposes permitted as set forth in the accompanying Table of Principal and Accessory Use Regulations. 3.1.1 By Right. A use listed in the Table of Principal and Accessory Use Regulations is permitted as of right in any district under which it is denoted by the letter"Y" subject to such restrictions as may be specified elsewhere in this Ordinance. 3.1.2 Special Permit: Zoning Board of Appeals. A use designated in the Table of Principal and Accessory Use Regulations by the letters'BA"may be permitted as a special permit only if the Zoning Board of Appeals so determines and grants a special permit therefore as provided in Section 9.4 of this Ordinance subject to such restrictions as are set forth elsewhere in this Ordinance, and such restrictions as said Board may establish. 3.1.3 Special Permit: Planning Board. A use designated in the Table of Principal and Accessory Use Regulations by the letters "PB" may be permitted as a special permit only if the Planning Board so determines and grants a special permit therefore as provided in Section 9.4 of this Ordinance subject to such restrictions as are set forth elsewhere in this Ordinance, and such restrictions as said Board may establish. 6 TABLE OF PRINCIPAL AND ACCESSORY USE REGULATIONS PRINCIPAL USES RC RI R2 R3 BI B2 B4 B5 I BPD A.RESIDENTIAL USES Dwelling, Single-family Y Y Y Y Y N N Y N N -Dwelling,Two-family N N Y Y Y N N Y N N Dwelling,Multifamily N N N Y Y N N Y N N Cluster development PB PB I PB PB N N N N N N Dwelling unit above first floor retail, N N I N N N N N Y N N personal service,or office use Dwelling unit in historic carriage house BA BA I BA BA BA N N N N N Multifamil 'Develo ment N N N ' BA N N N N N N Nursing or convalescent home N N N BA BA BA N N N PB Planned unit development N N IN PB PB PB PB PB PB Y Rooming, boarding or lodging house N N BA N BA BA N N N N B.EXEMPT AND INSTITUTIONAL RC RI 112 R3 Bl B2 B4 B5 I BPD USES Child care facility Y Y Y Y Y Y Y Y Y Y Essential services BA BA BA BA BA BA BA BA BA PB Facilities for the sale of produce, and wine Y Y Y Y Y Y Y Y Y Y and dairy products, provided that during the months of June,July,August, and September of every year, or during the harvest season of the primary crop,the majority of such products for sale,based on either gross sales dollars or volume,have been produced by the owner of the land containing more than five acres in area on which the facility is located Hospital BA BA N N N N N N N N Municipal facilities Y Y Y Y Y Y Y Y Y Y Use of land for the primary purpose of Y Y Y Y Y Y Y Y Y Y agriculture, horticulture, floriculture, or viticulture on a parcel of more than five acres in area Use of land or structures for educational Y Y Y Y Y Y Y Y Y Y purposes on land owned or leased by the commonwealth or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination, or by a -nonprofit educational corporation Use of land or structures for religious Y Y Y Y Y Y Y Y Y Y purposes C. COMMERCIAL USES RC R1 R2 R3 B1 B2 B4 B5 I BPD Adult day care BA BA BA I BA BA BA BA BA BA PB Agricultural use,nonexempt Y Y N N N N N N N N Animal clinic or hospital;kennel N N N N BA BA BA N BA PB Arts and crafts studios and workshops N N N BA BA BA BA Y Y Y Bank,financial agency N N N N Y Y Y Y Y N Bed and breakfast N N BA N IBAIBA IN N IN IN Business or professional office, including N N TNN Y Y Y Y Y Y medical Club or lod e, rivate N N NCommercial recreation, indoor N N N BA BA Y BA N Commercial recreation, outdoor N N N BA BA N N N Drive-throw h facilities; fast-food N N N PB PB' PB PB N Drive-through facilities; other N N N PB PB PB PB N Educational use,nonexempt N N N N N N N Y N N Farm stand,nonexempt Y Y N N N N N N N N Funeral home N N BA BA BA BA N N IN N Retail store,except department store,not N N N NV Y Y Y Y N elsewhere set forth General service establishment N N N N Y Y Y N N N Golf course Y 1 1 Y _Y__FY Y Y Y N Historic buildings open to the public N N Y Y Y Y Y Y Y Y Hotel,motel, or inn N N N BA N Y BA Y N N Marina;waterfront boat and or yacht club BA BA BA BA BA BA BA BA BA N Motor vehicle general and bodyrepair N N N N N BA BA N BA N gwf ehicle light service N N N N BA Y Y N Y N ehicle,trailer and boat sales, N N N N N BA Y N Y N nd rental N N Y Y Y Y Y Y Y Y it outdoor recreational facilities BA BA N N BA N N N N N l service establishment N N N N Y BA Y Y N N g, ca entry and sheet metal sho N N N N N N Y N N N ant,with service of alcoholic N N N N N Y N Y N N es Restaurant; drive-in or fast-food N N N N Y Y Y Y Y N Restaurant; no service of alcoholic N N N N Y Y Y Y Y N beverages Retail department store located within a N N N N N Y N N N N -shopping plaza Retail-wholesale supply establishments, N N N BA BA N N Y N N provided that the wholesale operation does not exceed 50% of the gross floor area Sale and storage of building supplies N N N N N N Y N Y N Supermarket N N N N N Y N N N N Wind energ facility,commercial scale N N N PB N N N N PB PB Wind energ facility; residential scale PB PB PB PB PB PB PB N PB PB 8 Wireless Communications FacilityPB PB PB PB PB PB PB PB PB PB D.INDUSTRIAL USES RC R1 R2 R3 B1 B2 B4 B5 I BPD Assembly or packMing N N N N N N N N Y PB Computer hardware development N N N N N N N BA Y Y Contractor'syard;landscaping business N N N N NN N N BA PB Earth removal N N J N N N N N N N N Food and beverage manufacturing,bottling N N N N N N N N Y Y or processingfacility Junkyard or automobile graveyard N N N N N N N N BA N Light manufacturing N N N N N N N N BA PB Livery facility,yard,or terminal N N N N N N N N BA N Manufacturing N N N N N N N N BA PB Mini-storage warehouse facility N N N N N BA BA N BA RB Publishing and printing N N N rN N Y Y Y Y N Research, laboratories,and development N N N N Y N N BA Y facilities Transportation terminal N N N N N N N BA N Wholesale,warehouse, or distribution N N N N Y Y BA Y PB facility E. ACCESSORY USES RC R1 R2 R3 B1 B2 134 B5 I BPD Adult day care BA BA BA BA N N N N N N Customary agricultural, horticultural and BA BA N N N N N N N N floricultural operation Family day care, large BA BA BA BA N N N N N N Family day care, small Y Y Y rBA N N N N N N Home occupation BA BA BA N N N N N N Private garages and other accessory Y Y Y Y N ±NN N N structures Rooming and boarding not more than 2 N N Y N N N N persons 10 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 the rear lot line. The building area of such building or structure, excluding garages, shall not exceed one(1)percent of the lot area or one hundred twenty(120) square feet,whichever is greater,and shall not be located closer than ten (10) feet to any other building on the same lot or any abutting lot. 4. Accessory structures and garages shall not exceed 1.5 stories or eighteen (18) feet in height. 3.2.5 Swimming Pools. Pools used for swimming or bathing shall be in conformity with the requirements of this Ordinance and the State Building Code. Swimming pools shall not be considered structures for purposes of this Ordinance.However, no side of any pool shall be located less than six (6) feet from any rear or side property line,unless a special permit is obtained from the Board of Appeals. Pools shall conform to front yard setbacks as required for dwellings in Section 4.0 of this Ordinance. 1. All accessory structures, installations and equipment,such as showers, dressing rooms, equipment houses or other buildings, shall comply with all applicable requirements of the Zoning Ordinance. 3.2.6 Commercial Vehicles. The term "accessory use" shall not be construed to mean that the land cannet be used for the storage or overnight parking of motor vehicles, including trucks, tractors, trailers except as exempted by Section 6.2, unless the "permitted use" for buildings in the district allows such parking for the storage of commercial motor vehicles. 3.3 NONCONFORMING USES AND STRUCTURES. 3.3.1 Applicability. This Zoning Ordinance shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing required by G.L. c. 40A, s. 5 at which this Zoning Ordinance, or any relevant part thereof,was adopted. Such prior, lawfully existing nonconforming uses and structures may continue, provided that no modification of the use or structure is accomplished, unless authorized hereunder. 3.3.2 Nonconforming Uses. The Board of Appeals may award a special permit to change a nonconforming use in accordance with this section only if it determines that such change or extension shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. The following types of changes to nonconforming uses may be considered by the Board of Appeals: 1. Change or substantial extension of the use, 2. Change from one nonconforming use to another, less detrimental, nonconforming use. 3.3.3 Nonconforming Structures. The Board of Appeals may award a special permit to reconstruct, extend, alter, or change a nonconforming structure in accordance with this section only if it determines that such reconstruction, extension, alteration, or change shall not be substantially more detrimental than the existing nonconforming structure to the neighborhood. The following types of changes to nonconforming structures may be considered by the Board of Appeals : 27 of lot width for every two(2)pumps and one(1) service bay in excess of four(4) pumps and two(2)service bays. Duplex pumps and/or hoses that are covered or enclosed in a single housing shall be counted as two(2)pumps. 2. Every structure erected for use as an service station shall have a minimum setback from the street right-of-way of forty (40) feet and a minimum setback from all property lines of ten(10)feet. All pump islands shall be set back a minimum of fifteen (15)feet from all property lines. 6.33 Service Areas. All vehicle service areas shall be constructed to conform to the following standards: 1. A curb six(6) inches high and six(6) inches wide shall be provided along all property lines abutting street rights-of-way, except for portions used for driveway entrances: 2. The entire area used for vehicle service shall be paved, except for such area as is landscaped and considerably protected from vehicle use by a low barrier. 3. Hydraulic hoists, pits and lubricating, greasing, washing and repair equipment shall be entirely enclosed within a building. 4. The width of driveway entrances shall be not more than twenty-four(24) feet. 5. The angle of intersection of the driveway with the street shall be not more than sixty (60) degrees. 6. The distance from any driveway to any side property line shall be not less than twenty (20) feet. 7. The distance between curb cuts shall be not less than forty (40) feet. 6.3.4 Screening. A solid wall or compact evergreen screening five (5) feet high shall be erected along all property lines abutting residential uses. 6.3.5 Lighting. Exterior fighting shall be so arranged as to reflect light away from adjoining premises and streets. 6.4 SALES OF MOTOR VEHICLES AND BOATS 6.4.1 General. Unless a license is issued by the Licensing Board, no new and/or used motor vehicles, including motorcycles, trailers as defined in this Ordinance, boats and canoes of any description, motors including outboard motors may be displayed and/or sold or rented, regardless of ownership of same, from any building or lot within the City limits. 28 6.4.2 Exception.This provision,however, shall not apply to any person who resides in RC, Rl,R2 and R3 Districts, subject to the following provisions: 1. Only one (1)vehicle or item,as listed hereinbefore,may be displayed for sale in any twelve-month period. 2. The registered owner must reside in and be the owner of the property on which the vehicle for sale is displayed. Persons of the First degree of kindred permanently residing in the dwelling unit may be included in this interpretation. 3. No vehicle for sale shall be permanently displayed on the street at any time,nor shall it be permanently displayed or parked in any front yard area. Refer to Section 4.1.2 for the definition of front yard. 4. Only one (1) "For Sale" sign,which shall not exceed one and one-half(1.5) square feet in area,may be displayed. This sign must be located on the interior side of the front or rear window. 6.5 RELIGIOUS OR EDUCATIONAL INSTITUTIONS No portion of this Ordinance shall be interpreted to regulate or restrict the use of land or structures for religious purposes or for educational purposes on land owned or leased by the Commonwealth of Massachusetts or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination or by a nonprofit educational corporation;provided,however, that such land or structures must comply with all the requirements of the Zoning Ordinance concerning the bulk and height of structures,yard size, lot area, setbacks,open space, parking and building coverage requirements of the zoning district in which it is located. 6.6 WIRELESS COMMUNICATION FACILITIES (WCF) 6.6.1 Purpose. The purpose of this amendment is to provide areas where wireless communications facilities(WCF)can be sited by special permit, while minimizing potential damage and adverse visual impacts on adjacent properties, residential neighborhoods, and areas of historic or high scenic value; to allow the provision of necessary wireless communication services in an orderly way; and to promote shared use of existing facilities to reduce the need for new facilities. 6.6.2 General. Except as provided in Section 6.6.6, an applicant for a WCF may not be issued a building permit unless or until a WCF special permit has been issued by the Planning Board. The Planning Board may approve, or approve with conditions, if the petitioner can fulfill the requirements of this section. An application for a WCF special permit shall be denied if the 73 illegal work being done; or any other action authorized by this Ordinance to ensure compliance with or to prevent violation of its provisions. 9.23 Penalty. Violation of any of the provisions of this Ordinance shall constitute a misdemeanor. Any person who violates this Ordinance shall, upon conviction thereof,be fined not more than three hundred dollars($300.00) per violation and, in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation. 93 BOARD OF APPEALS 9.3.1 Establishment. A Board of Appeals is hereby established,which shall consist of five .(5)members to be appointed.by the mayor,subject to the confirmation of the City Council, each for a term of five(5)years and with the term of one (1) appointee expiring each year. 1. The board shall elect annually a chairman from its membership, shall appoint a secretary and shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of the General Laws,Chapter 40A. 2. The mayor, subject to the confirmation of the City Council, may appoint associate members to the Board of Appeals. In accordance with Chapter 40A, no more than two (2) associate members may be on the Board of Appeals at any time, and their duties shall be as determined by Chapter 40A. 9.3.2 Powers. The Board of Appeals shall have the following powers and duties: 1. To hear and decide appeals taken as provided in Chapter 40A of the General Laws. 2. To hear and decide applications for special permits as provided in Section 9.4, hereof, except such applications for special permits where the power to grant is vested in the Planning Board by this Ordinance. 3. To authorize upon appeal, or upon petition in cases where a particular use is sought for which no permit is required, with respect to a particular parcel of land or to an existing building thereon a variance from the terms of the applicable Zoning Ordinance or bylaw where, owing to conditions especially affecting such parcel or such building but not affecting generally the zoning district in which it is located,a literal enforcement of the provisions of this Ordinance would involve substantial hardship, financial or, otherwise, to the appellant and where desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such Ordinance, but not otherwise. In exercising the powers under this subsection (4", the board may impose limitations both of time and of use, and a 74 continuation of the use permitted may be conditioned upon compliance with regulations to be made and amended from time to time thereafter. 4. To hear and decide comprehensive permits for construction of low or moderate income housing by a public agency or limited dividend or nonprofit corporation, as set forth in G.L.c.40B, ss.20-23. 9.33 Regulations. The Board of Appeals may adopt rules and regulations for the administration of its powers. 9.3.4 Fees. The Board of Appeals may adopt reasonable administrative fees and technical review fees for petitions for variances,administrative appeals,and applications for comprehensive permits. .9.3.5 Lapse. Rights authorizedby a variance that are not exercised within one (]).year of the date of the grant of such variance shall lapse. 9.4 SPECIAL PERAUTS 9.4.1 Special Permit Granting Authority. Unless specifically designated otherwise,the Board of Appeals shall act as the Special Permit Granting Authority. 9.4.2 Criteria. Special permits shall be granted by the Special Permit Granting Authority, unless otherwise specified herein,only upon its written determination that the adverse effects of the proposed use will not outweigh its beneficial impacts to the City or the neighborhood, in view of the particular characteristics of the site, and of the proposal in relation to that site. In addition to any specific factors that may be set forth in this Ordinance,the determination shall include consideration of each of the following: I. Community needs which are served by the proposal; 2. Traffic flow and safety, including parking and loading; 3. Adequacy of utilities and other public services; 4. Neighborhood character; 5. Impacts on the natural environment including view; and 6. Potential economic and fiscal impact, including impact on City services,tax base, and employment. 9.4.3 Procedures. An application for a special permit shall be filed in accordance with the rules and regulations of the Special Permit Granting Authority. 75 9.4.4 Conditions. Special permits may be granted with such reasonable conditions, safeguards, or limitations on time or use, including performance guarantees, as the Special Permit Granting Authority may deem necessary to serve the purposes of this Ordinance. 9.4.5 Regulations. The special permit granting authority may adopt rules and regulations for the administration of this section. 9.4.6 Fees. The special permit granting authority may adopt reasonable administrative fees and technical review fees for applications for special permits. 9.4.7 Lapse. Special permits shall lapse if a substantial use thereof or construction thereunder has not begun, except for good cause,within 24 months following the filing of the special permit approval (plus such time required to pursue or await the determination of an appeal referred to in G.L. c.40A, s. 17, from the grant thereof)with the City Clerk. . 9.5 SITE PLAN REVIEW 9.5.1 Purpose. This provision is intended to protect and promote the health, safety, convenience and general welfare of the inhabitants of the City, promote acceptable site planning practices and standards within the City of Salem and ensure compliance with the City of Salem master plan and good zoning practices. 9.5.2 Applicability. Site plan review shall be required for: 1. Nonresidential structure or premises exceeding ten thousand (10,000) gross square feet; or 2. Residential structure containing six (6) or more residential dwelling units. 9.5.3 Application. Any application for approval of a site plan review under this section shall be accompanied by fifteen (15)copies of a site plan, which shall be at a scale to be established by the Planning Board and, according to the size of the development,shall include fifteen (15) copies of all information required for a Definitive Plan under Section III B of the Subdivision Regulations of the Planning Board of the City of Salem, and such petition shall also be accompanied by fifteen (15) copies of an environmental impact statement as set out in Appendix A of the subdivision regulations of the Planning Board of the City of Salem, as requested. The plan shall contain the following information: I. Location and dimensions of all buildings and other construction; 2. Location and dimensions of all parking areas, loading areas, walkways and driveways; 80 SECTION 10.0 DEFINITIONS In this Ordinance,the following terms and constructions shall apply unless a contrary meaning is required by the context or is specifically prescribed in the text of the Ordinance. Words used in the present tense include the fixture. The singular includes the plural and the plural includes the singular. The word "shall" is mandatory and "may" is permissive or discretionary. The word "and" includes "or"unless the contrary is evident from the text. The word "includes" or "including" shall not limit a term to specified examples, but is intended to extend its meaning to all other instances,circumstances, or items of like character or kind. The word "lot" includes "plot"; the word "used"or"occupied" shall be considered as though followed by the words "or intended, arranged,or designed to be used or occupied". The words"building," "structure," "lot," or."parcel," shall be construed as being followed by the words "or any portion thereof." The word "person" includes a firm, association, organization,partnership, company, or corporation, as well as in individual. Terms and words not defined herein but defined in the Commonwealth of Massachusetts State Building Code shall have the meaning given therein unless a contrary intention is clearly evident in this Ordinance. Accessory building: A subordinate building located on the same lot as the main, or principal building or principal use,the use of which is customarily incidental to that of the principal building or use of the land. Accessory use: A use customarily incidental to that of the main or principal building or use of the land. Adult day cure facility: A social day care or adult day health facility as those terms are defined by the Commonwealth's Department of Elder Affairs. Agricultural use, nonexempt: Agricultural use of property not exempted by G.L. c.40A, s. 3 and limited to the following: customary agricultural, horticultural and floricultural operations, provided that(I)all the buildings combines shall not occupy a greater percentage of the lot area than listed in the Table of Dimensional Requirements; and (2) there shall be no storage of manure or odor or dust producing substances; and (3) no building in which farm animals are kept shall be permitted within one hundred feet of any property line; and (4) no greenhouse heating plant hall be operated within fifty feet of any property line; and (6) no products shall be publicly displayed or offered for sale from the roadside. Alterations,structural. Any change or rearrangement in the supporting members of a building, such as bearing walls, columns, beams or girders. Amusement arcade: Any lot licensed to maintain three (3) or more commercial amusement devices that are regulated by Section 177A of Chapter 140 of the General Laws. Amusements, commercial: Any amusement device licensed under the provision of Massachusetts General Laws, Chapter 140, Section 177A. 86 Lot line: A line dividing one lot from another,or from a street or any public place. Lot width: The minimum lot width required shall be measured at the rear of the required front yard depth and on a line parallel to the right-of-way line where a plan of the right-of-way is on file with the registry of deeds or, in the absence of such a plan, from a line twenty-five(25)feet from and parallel with the centerline of the traveled way. Manufacturing: A use engaged in the basic processing and manufacturing of materials, or the manufacture from previously prepared materials,of finished products or parts, including processing, fabrication, assembly,treatment,packaging, incidental storage, sales and distribution of such products,but excluding the following: Acid manufacture; Cement, lime,gypsum or plaster of pans manufacture;Production of chlorine or similar noxious-gases;Distillation of bones;Drop-forge industries manufacturing forging with power hammers; Manufacture or storage of explosives in bulk quantities;Fertilizer manufacture; Garbage, offal, or dead animal reduction or dumping;Glue manufacture;Hair manufacture; Petroleum refining;.Processing of sauerkraut,vinegar or yeast;Rendering or refining of fats or oils; Smelting of tin,copper, zinc or iron ore, including blast furnace or blooming mill; Stockyard or feeding pen; Slaughter of animals,not including the killing of fowl. Marina: A waterfront area having a dock or mooring facilities for boats for rental purposes; fuel and oil for boats only may be sold on the premises. Shore facilities similar to motels may occupy contiguous land areas. Medical center or clinic: A building designed and used for the diagnosis and treatment of human patients that does not include overnight care facilities. Mini-storage storagefacility:A facility for the self-storage of personal or business related items or goods. Mobile home: A dwelling built upon a chassis, containing complete electrical, plumbing and sanitary facilities, and designed without necessity of permanent foundation for year-round living, irrespective of whether actually attached to a foundation or otherwise permanently located. Monopole: A type of mount that's self-supporting with a single shaft of steel or concrete and a platform (or racks) for panel antennas arrayed at the top. Motor vehicle body repair: An establishment, garage or work area enclosed within a building where repairs are made or caused to be made to motor vehicle bodies, including fenders, bumpers and similar components of motor vehicle bodies, but does not include the storage vehicles for the cannibalization of parts. Motor vehicle general repairs: Premises for the servicing and repair of autos, but not to include fuel sales. 87 Motor vehicle light service: Premises for the supplying of fuel, oil, lubrication,washing, or minor repair services,but not to include body work,painting, or major repairs. Mount: The structure or surface upon which antennas are mounted, including the following four (4)types of mounts: roof-mounted,side mounted(side of a building), ground-mounted, structure mounted (structure other than a building). Municipal facilities: Facilities and buildings owned or operated by the City of Salem. Nonresidential structure: Such structures as buildings, garages, steeples, and water towers,but does not include houses or apartments. Nursing or convalescent home: As defined by Section 71 of Chapter I I 1 of the General Laws: A convalescent or nursing home is defined as any institution, however named, whether conducted for charity or profit,which is advertised,announced or maintained for the express.or implied purpose of caring for three (3)or more persons admitted thereto for purposes of nursing or convalescent care Open air motion picture theater:An open air(covered or uncovered with no sidewalls)parking area for vehicles where motion pictures are projected onto a large uncovered screen. The projection and sound equipment shall be housed in an enclosed structure. Parking garage: A structure which is accessory to a commercial or industrial establishment and is primarily for the parking and storage of vehicles operated by the customers, visitors and employees of such an establishment. Personal service establishment:A facility providing personal services such as hair salon, barber shop, tanning beds,dry cleaning, print shop,photography studio, and the like. Planning Board:The Planning Board of the City of Salem as established by Chapter 41, Section 70 of the General Laws. Planning Department:The planning department of the City of Salem. Preliminary application:An application which may be submitted by a developer prior to formal application for a development permit in order that a given parcel can be reviewed in relation to the standards of issuance for residential development contained herein. Radiofrequency radiation (RFR):The emissions from personal wireless service facilities. Repairs: Work of a reconstruction or renewal nature on any existing part of a building or structure but excluding a structural alteration. Restaurant: A building, or portion thereof, containing tables and/or booths for at least two- thirds (2/3) of its legal capacity, which is designed, intended and used for the indoor sales and ss consumption of food prepared on the premises,except that food may be consumed outdoors in landscaped terraces, designed for dining purposes,which are adjuncts to the main indoor restaurant facility. The term "restaurant"shall not include "fast food establishments." Restaurant,fast-food: An establishment whose principal business is the sale of pre-prepared or rapidly prepared food directly to the customer in a ready to consume state for consumption either within the restaurant building or off premises and usually requires ordering food at a counter. Retail: A facility selling goods but not specifically listed in the Table of Use Regulations. Right-of-way line:A line separating a public street or way from a lot. Roof structure: A wireless communication structure mountedon a roof of a building or the top of a water tower. Rooming, boarding or lodging house. A dwelling or part thereof in which lodging is provided by the owner or operator to at least three, but not more than six,roomers or boarders. Security barrier:A locked,impenetrable wall, fence or berm that completely conceals an area from unauthorized entry or trespass. Separation:The distance between one (1) carrier's array of antennas and another carrier's array. Sign: Any device designed to inform or attract the attention of persons not on the premises on which such device is located,whether such device is a separate structure or object or attached to or painted on another structure or object. Sign area: The area of the smallest horizontally or vertically oriented rectangle which could enclose all the display area of the sign,together with any backing different in color or material from the finish material of the building face, without deduction for open space or other irregularities. Structural members not bearing advertising matters hall not be included unless internally or decoratively lighted. Only one side of flat, back-to-back signs need be included in calculating sign area. Special permit use:A use which would not be appropriate generally or without restriction throughout the district but which, if controlled in a neighborhood, would promote the public health, safety, convenience, morals and welfare of the City's inhabitants. Stacking lane: An area of stacking spaces and driving lanes provided for vehicles waiting for drive-through service. Stacking space: An area within a stacking lane for vehicles waiting to order and/or finish a drive-through transaction. Story: As defined in the State Building Code. 89 Story,half.•A story under a gable;�tip or gambrel roof,the wall plates of which on at least two opposite exterior walls are not more than Wtwo feet above the floor of such story. Street: A public or private way which affords the principal means of access to abutting properties. Structure: Anything constructed or erected,the use of which requires location on the ground or attachment to something having location on the ground. Supermarket: An indoor retail operation selling primarily groceries, produce,meat and fish, baked goods, and other convenience and household goods exceeding 15,000 square feet of gross floor area. ,Swimming pool: An artificial pool;uncovered or enclosed, used for recreational swimming and not less than twenty-four(24) inches deep nor having a surface area of less than two hundred fifty (250) square feet. Temporary structure: A structure without any foundation or footings to be removed within a twelve-month time period. Said structure shall conform to the requirements of the Table of Dimensional Requirements and shall receive a permit from the Building Commissioner. Trailer: A vehicle used or designed to be used for living purposes. The terms "travel trailer," pickup coach," "pickup camper," "motorized camper,"tent trailer," "mobile home," etc., or terms of similar import shall be interpreted as having the same meaning as the term "trailer." Transportation terminal. Terminal facilities for handling freight with or without maintenance facilities. Use: The specific purpose for which land, or a building and land, is designed, arranged intended, or for which it is or may be occupied or maintained. Variance: A relaxation of the terms of this Ordinance where such relaxation will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this Ordinance would result in unnecessary and undue hardship. Veterinary hospital(animal clinic): A building whose sole use will be the medical or surgical treatment of animals, reptiles or birds. Patients may be boarded on the premises not longer than twenty (20) days. The building shall not be used for breeding purposes or as a kennel. Warehouse, wholesale, or distribution facility: A building used primarily for the storage of goods and materials intended for distribution, but not for sale on the premises to the general public. COMMONWEALTH OF MASSACHUSETTS Middlesex,ss. LAND COURT CIVIL ACT.NO. MISC 344478(GHP) JOANNE R. HIGGINS, ) Plaintiff, ) V. ) CITY OF SALEM, ZONING BOARD OF ) APPEALS OF THE CITY OF SALEM and ) REBECCA CURRAN, ANNIE HARRIS, ) MICHAEL DUFFY,JAMIE METSCH, ) RICHARD DIONNE AND JIMMY TSITSINO ) December 17, 2012 (ALTERNATE), As members of the Zoning ) Board of Appeals of the City of Salem, ) Defendants ) AFFIDAVIT OF SERVICE I, Joseph A. Wellington, depose and say: i. I am an attorney with Carmody &Torrance LLP, 50 Leavenworth Street, Waterbury Connecticut 06721 and submit this affidavit in accordance with G.L. c. 40A § 17. 2. On December 6, 2012, I filed the complaint in this matter with the Court. 3. On December 7, 2012,I served written notice of this Appeal together with a copy of the aforesaid complaint on the Clerk for the City of Salem in hand. 4. On December 11, 2012, 1 gave notice of this appeal by forwarding a copy of the aforesaid complaint to each of the defendants named herein under a letter of that date which was forwarded to the following addresses by certified mail -return receipt requested: 1 W2184981 a. City of Salem Board of Zoning Appeals, 120 Washington Street, Salem. MA 01970. b. Rebecca Curran: 14 Clifton Avenue, Salem, MA 01970 c. Annie Harris: 28 Chestnut Street, Salem, MA 01970 d. Michael Duffy: 1 Warren Court, Salem, MA 01970 e. Jamie Metsch: 18 Oliver Street, Apt. 2, Salem, MA 01970 f. Richard Dionne: 23 Gardner Street,Salem,MA 01970 g. Jimmy Tsitsinos: 6C Wharf Street, Salem, MA 01970 5. A copy of this notice was served on the Solicitor of the City of Salem and the above named defendants by certified mail this date. SIGNED under the pains and penalties of perjury this 17`h Day of December 2012. Joseph A. Wellington (BBO 522420) Carmody&Torrance LLP 50 Leavenworth Street Waterbury,Connecticut 06702 203.575.2613 (contact) 203.575.2600 (facsimile) jwellington@carinodylaw.com Dated: December 17, 2012 Jw21849811 2 r COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT Three Pemberton Square Room 507 Boston,MA 02108 Tel:617-788-7470 December 12, 2012 Joseph A Wellington Esq. Carmopy&Torrance LLP 50 Leavenworth Street Waterbury, CT 06721 Case No.: 12 MISC 474478 Case Name: Joanne R. Higgins v. City of Salem et al NOTICE OF CASE MANAGEMENT CONFERENCE An initial Case Management Conference shall be held before Hon. Gordon H. Piper in accordance with Land Court Department Standing Order No. 1-04 as follows: Date: January 8,2013 Time: 2:45 PM Daily courtroom assignments are posted in the 5t11 floor lobby. If you believe you will need the services of an interpreter, please contact the judge's sessions clerk to make that arrangement no later than one week before your scheduled court appearance. The court considers attendance of the senior attorneys ultimately responsible for the case to be of utmost importance, and both they and all individuals representing themselves pro se are required to attend the conference. The plaintiffs) (through counsel if represented, or individually if proceeding pro se) must ensure that all attorneys and pro se parties,including those who have not filed an answer or appearance with the court, are notified of the Case Management Conference date, and must initiate the drafting of the Joint Statement referenced below. The court strongly encourages all parties to have counsel represent them at this conference and throughout the case. Obligation of Counsel to Confer. Unless otherwise ordered by the court, the parties (through their counsel if they are represented, and on their own behalf if they do not have counsel) shall confer no later than fourteen (14) days before the date of the Case Management Conference for the purpose of preparing the mandatory written joint statement. Joint Statement. Unless otherwise ordered by the court, the parties are required to file, no later than five (5)business days before the Case Management Conference, an original and a duplicate copy of a written joint statement which shall include: 9:51 AMK:\LANDCOURTFORMS\LCALL168CMC.DOC TD:10/6/04 12/12/2012 9:51 AM www mass nov/rni❑ts/landrni in 1 1. A short description of the case, its issues, and the parties' respective positions on those issues. 2. A list of all related cases,whether in this or any court or tribunal, and whether currently pending or concluded. The list shall contain, for each such case,the case name,parties, court, docket number, status, and a short description of its facts, issues and relationship to this action. If the parties contemplate a request for consolidation, transfer to another court, or special assignment of a trial court justice, the joint statement should address this. 3. A joint discovery plan which proposes a schedule for the time and length of all discovery events, including the time for designation of experts witnesses, if any, and for the disclosure of their expected testimony. The discovery plan shall either be consistent with the initial Track Designation given the case or, if the parties propose a different schedule, one that allows the parties to complete discovery on the modified schedule. The parties are encouraged to consider the desirability of conducting phased discovery, so that the court can reach potentially dispositive issues early in the case, or so the parties will acquire as soon as possible information needed for a realistic assessment of the case. Amendments to the designation or tracking order of a case, or an extension or other modification of any of the tracking order dates, may be ordered by the court on its own motion, for good reasons and as the interests of justice require,but otherwise may be requested and granted only upon motion and for good cause shown. A motion to amend or modify the tracking order must be in writing and set forth in detail the facts upon the moving part(ies)rely in support of said motion. 4. A proposed schedule for the filing of motions identifying with specificity the types of motions anticipated and the parties expected to bring them. If the parties' proposed motion schedule exceeds any of the deadlines contained in the Track Designation, the court must grant permission(see paragraph 3 above). 5. A statement of the parties' willingness to participate in mediation (settlement negotiations assisted by a neutral person) or other methods of alternative dispute resolution. The statement must describe and give the status of any alternative dispute resolution which the parties have attempted, scheduled, or proposed to each other. 6. A'brief statement(with reasons) identifying anyone not already in the case whom any party intends to join or believes ought to become a party. If any party is a non-governmental corporate entity, include in your Case Management Conference memorandum a statement in compliance with Supreme Judicial Court Rule 1:21, if you have not already done so. 7. A brief statement(with reasons) of any additional notices) including by publication,recording, to the Attorney General, etc.) which any party believes ought to be given. 937 AMK:�LANDCOURTFOAMS�LCALLI68CMC.DOC TD:10/6/04 12/122012 9:51 AM www.mass.gov/courts/landcourt 8. A proposed list of other matters to be discussed at the conference, if the judge decides it is appropriate to do so. The court strongly encourages all parties to reach agreement on a proposed pretrial schedule (discovery and motions) and to so indicate in their joint statement. If, despite best efforts, the parties disagree about the pretrial schedule, they should set forth separately the items on which they differ and indicate the nature of(and reasons for) that difference. The purpose of the parties' proposed pretrial schedules should be to advise the judge of the parties' best estimates of the time they will need to accomplish specified pretrial steps. The parties' proposed list of matters to be discussed at the scheduling conference, and their proposed pretrial schedules, shall be considered by the judge as advisory only. It is the plaintiff(s)' responsibility to file the final version of the joint statement, following conference with all parties,by the deadline established in this notice. Settlement Proposals. Unless otherwise ordered by the court, the plaintiff shall present written settlement proposals to all defendants no later than five(5)business days before the date of the Case Management Conference. Settlement proposals and responses shall not be included or summarized in the joint statement, or otherwise filed with the court. However, defense counsel shall have conferred with their clients on the subject of settlement before the Case Management Conference and be prepared to respond to the proposals at the Conference, if asked to do so by the judge. If a defendant is representing himself or herself pro se,he or she should be prepared to respond at the conference. Any party who fails to attend the Case Management Conference, or who does not in good faith participate in it or in the preparation of the joint statement, shall be subject to sanctions including(if the court deems it appropriate) dismissal of that party's claims or entry of judgment against that party. "In their case management conference statement and at the conference, counsel shall address whether the private party against whom plaintiff sought zoning enforcement, Salter Sports Motors LLC, should be a party to this action." Very truly yours, Elizabeth Browning (617) 788-7442 9:51 AMK:\LANDCOURTFORMS\LCALL168CMC.DOC TD:10/6/04 12/12/2012 9:51 AM www.mass.gov/courts/landcourt COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT Three Pemberton Square Room 507 Boston,MA 02108 Tel: 617-788-7470 December 12, 2012 Joseph A Wellington Esq. Carmopy& Torrance LLP 50 Leavenworth Street Waterbury, CT 06721 Case No.: 12 MISC 474478 Case Name: Joanne R. Higgins v. City of Salem et al NOTICE OF JUDGE AND TRACK ASSIGNMENT 1. Please be advised that the above entitled case has been assigned to Hon. Gordon H. Piper, whose Sessions Clerk is Elizabeth Browning(617) 788-7442. 2. The case has been assigned to the "F" Track,pursuant to Land Court Standing Order 1-04. A copy of the presumptive deadlines applicable to the Average"A" and the Fast"F"Tracks are enclosed for your information. Please be sure to serve any and all defendant(s) in this action as soon as possible. Failure to serve the defendant(s) timely under Mass. R. Civ. P. 40) may result in dismissal. 3. You are responsible for sending a copy of this notice and the presumptive deadlines to the defendant(s). Very truly yours, -BL6«*T`'Y&61-V�V rN Deborah J. Patterson Recorder Y-TANDC0URTF0RMS\LCI69.DOC TD:10/6/04 12/122012 9:48 AM 1 of 1 www.mass.gov/courts/landcourt r Z CObMIONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT TRA CkIIVGSCHEDULE- `A 'T&4C%(AVERA GE) For all cases not otherwise assigned to the Fast Track or Tax Track. Original registration and confirmation cases under G. L.. c. 185, are included within the "A" Track commencing on the date when the.summoas or citation issues. Please consult complete time standards,promulgated as Land Court Standing Order 1:04 for further details, available on the Court's website - hq://mass.zov/courtsandiudaes/courts/landrouWindex.ht-al Three Months (90 dans) • Service completed on all parties. • Case Management Conference held. • Early Intervention Event held pursuant to SJC Uniform Rules on Dispute Resolution, Rule 1:18. Sixteen Months (490 dans) • Discovery. Eighteen Months (540 days) • Dispositive motions under Mass. R Civ. P. 12(b)(1); 12(b)(6); 12(c); and 56, filed and served with supporting memoranda and affidavits. Nineteen Months (570 days) • Dispositive motions responses filed and served Twenty Months (600 days) • Dispositive motions heard, (reply briefs filed ten (10) days prior to hearing). Twenty-Seven Months (810 days) • Case assigned for pre-trial conference:joint pre-trial memorandum filed one week prior to confereace. Twenty-EL-ht Months (840 days) • Pre-trial conference held (mandatoryattendance); firm trial date set. Thirty-One Months (930 days) • Trial held. Thirty-Three Months (990 days) a Transcripts filed with the Court. Thirty-Four Months (1020 days) 0 Post-trial briefs filed. - - I 1 MCLWGSCHEDVLE- -F"ZRACZ(F,4S7) For all cases afforded priority by statute including G. L. c. 40A, § 17; c. 40B; and c. 41, § 81 BB; Specific Performance under G. L. c. 184 § (1)(k); Partition under G. L. c. 241. Please consult complete time standards promulgated as Land Court Standing Order 1:04 for further details, available on the Court's website- httuJ/mass.Lxov/courtsandiudacsicourts/landcourUindeK.ht nl Three Months (90 days) • Service completed on all parties. • Case Management Conference held. • Early Intervention Event held pursuant to SJC Uniform Rules on Dispute Resolution, Rule 1:18. Six Months (180 days) • Discovery. Seven Months (210 days) • Dispositive motions under Mass. R Civ. P. 12(b)(1); 12(b)(6); 12(c); and 56, filed and served with supporting memoranda and affidavits. Eight Months (240 days) • Dispositive motions responses filed and served. Nine Months (270 days) • Dispositive motions heard (reply briefs filed ten (10) days prior to hearing). Thirteen Months (390 days) t.cJc,,...i��uicui iii Yic-uia.i wiuci cuw,�uuii Yic-itic.i utcutuLauu uiu uicu vu wcca yiivi to conference. Fonrteen Months (420 days) • Pre-trial conference held (mandatory attendance); firm trial date set. Sixteen Months (480 days) • Trial held Eighteen Months (540 days) • Transcripts filed with the Court- Nineteen ourtNineteen Months (570 days) • Post-trial briefs filed. RECEIVE® DEC 102012 DEPT.OF PLANN.NG :OMIALN rY Dc''VELOPMEN COMMONWEALTH OF MASSACHUSETTS LAND COURT > v',l Ac,+dt+ No. 474478 (6:AP) JOANNE R. HIGGINS, ) Plaintiff, ) V. ) .CITY OF SALEM, ZONING BOARD OF ) �, APPEALS OF THE CITY OF SALEM and REBECCA CURRAN, ANNIE HARRIS, ) Cn ^� MICHAEL DUFFY, JAMIE METSCH, ) rn m RICHARD DIONNE AND JIMMY TSITSINO ) ?ZF , (ALTERNATE), As members of the Zoning ) ;m __j Board of Appeals of the City of Salem, ) D ) 3 Defendants ) m cn n Ln V NOTICE OF APPEAL NOTICE IS HEREBY GIVEN TO THE CITY OF SALEM this??th day of December 2012 pursuant to G.L. c. 40A Section 17 that Joanne R. Higgins filed the attached complaint with the Land Court of the Commonwealth of Massachusetts this date. The Plaintiff in the above captioned action is appealing the decision of the Zoning Board of Appeals of the City of Salem which decision is appended as Exhibit 12 to the attached complaint. This notice is being hand delivered on the Plaintiff's behalf. By: Joseph . Wellington (BBO 522420) Carmo y &Torrance LLP 50 Leavenworth Street Waterbury, Connecticut 06702 203.575.2613 (contact) 203.575.2600 (facsimile) jwellington@carmodylaw.com w21828621 -CARMODY � TO R R A N C E Carmody&Torrance LLP • Attorneys at Law Joseph A. Wellington Waterbury . New Haven • Southbury Partner Direct:203-575-2613 jwellington@camodylaw.com December 11, 2012 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED City of Salem Rebecca Curran, Chair Board of Zoning Appeals ("BZA") 14 Clifton Avenue 120 Washington Street Salem, Massachusetts 01970 Salem, Massachusetts 01970 Jamie Metsch, Member Salem BZA Annie Harris, Member Salem BZA 18 Oliver Street, Apartment 2 28 Chestnut Street Salem, Massachusetts 01970 Salem, Massachusetts 01970 Mike Duffy, Member Salem BZA Richard Dionne, Member Salem BZA 1 Warren Court 23 Gardner Street Salem, Massachusetts 01970 Salem, Massachusetts 01970 Jimmy Tsitsinos, Alternate Salem BZA 6C Wharf Street Salem, Massachusetts 01970 Re: Notice of appeal in the matter of Joanne R. Higgins v. City of Salem, Massachusetts et al., MISC 474478 (GHP) To: The City of Salem Board of Zoning Appeals and its members: Notice is hereby given pursuant to Section 17 of Chapter 40A of the Massachusetts General Laws that the enclosed complaint was filed with the Massachusetts Land Court on December 6, 2012. Said complaint was also served on the Clerk for the City of Salem in hand on December 7, 2012. The members of the City of Salem Board of Zoning Appeals are named as Defendants in theej�td complaint in their capacities as the members of that board. Plaintiff Higgins is 0, n° °FATOF Joy Fz o {W2184308) %ti 50 Leavenworth Street • P.O.Box 1110 Waterbury,CT 06721-1110 Phone:203-573-1200 Fax:203-575-2600 www.carmodylaw.com f� .7: 'CARMODY T O R R A N C E City of Salem Board of Zoning Appeals Rebecca Curran, Chair Jamie Metsch, Member Annie Harris, Member Mike Duffy, Member Richard Dionne, Member Jimmy Tsitsinos, Alternate December 11, 2012 Page 2 appealing the Board's November 21, 2012 decision which affirms the issuance of the Salem Building Commissioner's July 11, 2012 letter to the City of Salem Licensing Board. A copy of of that decision is appended at Exhibit 12 of the attached complaint. Very truly yours, qseph�A . Wellington Enclosure nF COMMON WEALTH OF MASSACHUSETTS Middlesex,ss. { LAND COURT 1911 DEC -1 Q SbCIVIL ACTION NO.(t11sc 47447Y(6)4P) ! ITY C-W?(. SALEM JOANNE R. HIGGINS, Plaintiff, ) V. ) CITY OF SALEM,ZONING BOARD OF ) APPEALS OF THE CITY OF SALEM and ) ti REBECCA CURRAN,ANNIE HARRIS, ) ca r- MICHAEL DUFFY,JAMIE METSCH, ) C RICHARD DIONNE AND JIMMY TSITSINO ) U`, (ALTERNATE);As members of the Zoning ) -0 o� Board of Appeals of the City of Salem, ) = ) N Defendants ) cn COMPLAINT Introduction 1. This is a zoning appeal brought pursuant to G.L.c. 40A § 17. Plaintiff appeals the November 20,2012 decision of the City of Salem Zoning Board of Appeals(hereinafter the "Decision",the"Lily"and the"Board"respectively)on the Plaintiff's administrative appeal of a decision of the City Building Commissioner which decision pertains to the property located at 7 Florence Street, Salem, Massachusetts(hereinafter the"Property"). The Plaintiff advances this appeal on the grounds that the decision is arbitrary and capricious and not supported by substantial evidence of record. Plaintiff seeks annulment of the.Decision and the issuance of an Order to the Board requiring that the City Zoning Enforcement Officer issue an order to Salter Sports Motors, LLC to cease and desist all "motor vehicle body repair", "motor vehicle general repairs" and"motor vehicle light service"at the Property as those phrases are defined in Section EHEw uh �y t it 1 "* 31 it lwztazaiz, r r w 18 "fl 7 lEi k3GW�il lYJFR .F 'i�dAtCF1�J tib da'..ffi� ➢�+l�ar,� a�Ja S 1R" 9 :3Pi ( �.{ �U i1 s i 'Iim tCn W 9 Lc! d' ,la(Y' sl�g I e.. Sla+lu?.h.esf ,.aa ru.. r+. . Ip.t,��i�YLAYAI}.�T,ri]]wL'MitlnlssfWrLl6uutlKWb'L:.uY'.r�.%rxiliNfO AW �ArYt el.lWsFW. .NVMR.Q.WNie�S..eRY.YGtrt.l.A tau H Y.uJiU11..Je41.FVU..Iid>,Alu!}a.h[rY.tlSJti.l}u.rAw� 4 i 10 of the City Zoning Ordinance as well as an order to cease and desist all classic/used car restoration and/or repair work at the Property. PARTIES 2. The Plaintiff resides at 20 Cedar Street, Salem, Massachusetts. 3. Defendant City of Salem is a Municipality. 4. The City has adopted a zoning ordinance (hereinafter the "Zoning Ordinance") that purports to regulate the activities that may be conducted at properties that are zoned for residential use within its jurisdiction. 5. The Board is the City agency who holds the exclusive authority to issue and to modify what are regulated as"special permits"(hereinafter"Special Permits")under the Zoning Ordinance. 6. The Zoning Ordinance authorizes the Board to promulgate rules and regulations for the administration of the issuance of Special Permits pursuant to said ordinance. 7. Defendants Rebecca Curran, Chair;Annie Harris; Michael Duffy; Jamie Metsch, Richard Dionne and Jimmy Tsitsino(alternate)the members of the Board who rendered the Decision and are made defendants in that capacity. 8. The addresses of the aforesaid members of the Board are as follows: a. Rebecca Curran: 14 Clifton Avenue, Salem,MA 01970 In. Annie Hams: 28 Chestnut Street, Salem,MA 01970 c. Michael Duffy: 1 Warren Court, Salem,MA 01970 d. Jamie Metsch: 18 Oliver Street,Apt. 2, Salem,MA 01970 e. Richard Dionne: 23 Gardner Street, Salem,MA 01970 £ Jimmy Tsitsinos: 6C Wharf Street;Salem,MA 01970 if ! `I�^.,r yy �� >_ s' t p.y . v arrY r 1 3 i i♦ . 2 r r 4 *l lTx"t Y" + N�r$ir` �pns r u 8 nrir ida� f �I .}t�lO KR1 ,,. 4 t Hyr �`�. P W . y ey *'0 ell fir^ is �I i,l _ 1 � dlr}P r sr t � wer,..l..xw�wmu..sra..ra mr..v,uEa>.a,seuua..sr..wi.iti..�,�]dtiiibtip.: <pr {iWr�n^I,ik�dl.. .. r,,._ uesi�aur_..+s.r.ml'.Jea..0 nu+rw....0 FACTS 9. A true and accurate copy of the following sections of the Zoning Ordinance are attached as Exhibit 1 below: a. Cover page. b. Table of Contents. c. Section 1.0: Purpose and Authority (Section 1.4 Applicability) d. Section 2.0: Districts. (Section 2.1 Establishment) e. Section 3.0: Use Regulations. (Sections 3.1 Principal Uses, 3.1.2 Special Permit: Zoning Board of Appeals, 3.3.2 Nonconforming Uses and Table of Principal and Accessory Use Regulations) f. Section 6.2: Sales of Motor Vehicles and Boats (Section 6.4.1 General g. Section 93: Board of Appeals (Section 9.3.2 Powers h. Section 9.4: Special Permits (Sections 9.4.1 Special Permit Granting Authority, 9.4.2 Criteria 9.4.3 Procedures 9.4.4 Conditions and 9.4.5 Regulations) is Section 10.0: Definitions (including definitions of"Motor Vehicle Body Repair","Motor Vehicle General Repairs",Motor Vehicle Light Service", "Special Permit Use"and"Use". 10. The aforesaid sections of the Zoning Ordinance were in effect at all times relevant to this appeal. 11. A true and accurate copy of the Board's Rules and Regulations (hereinafter the "Board's Rules")is attached at Exhibit 2 below. .. r• •: f .. N.0. eh, h+ , u t f $ t+ip" 1 Idr .''! + �'- 7% dr 9♦?p t i! " }L e r r5s1,, S Fpis it ,3lttifTi � IL''f i A��'�� i' ' 4$4.Kyt i. Y�, It +� : r"� a t zy�ii i r 'S.• _ ,ai..a+..,.ani,:.w.Wuu Mena dn{i k 11N�i#���IxS}&CM mdllmk.'s uu. 12. One portion of the Property is located approximately 35 feet from the Plaintiff's property. 13. The Property is located in a part of the City that has been zoned"R2" under the Zoning Ordinance. 14. Parcels of land that are zoned R2 in the City are designated for"Residential Two Family"use pursuant to Section 2.1 of the Zoning Ordinance. 15. Properties that are zoned R2 in the City cannot be used for"motor vehicle general and body repair"and/or for"motor vehicle light service"pursuant to Section 3.1 and the Table of Principal and Accessory Use Regulations of the Zoning Ordinance. 16. The Property cannot lawfully be used for"motor vehicle general and body repair" and/or for"motor vehicle light service"pursuant to Section 3.1 and the Table of Principal and Accessory Use Regulations of the Zoning Ordinance because it is zoned R2. 17. The phrase"motor vehicle body repairs" is defined in Section 10 of the Zoning Ordinance to mean: An establishment,garage or work area enclosed within a building where repairs are made or caused to be made to motor vehicle bodies, including fenders,bumpers and similar components of motor vehicle bodies, but does not include the storage of vehicles for cannibalization of parts. 18. The phrase"motor vehicle general repairs" is defined in Section 10 of the Zoning Ordinance to mean: Premises for the servicing and repair of autos; but not to include fuel sales. 19.' The phrase "motor vehicle light service"is defined in Section 10 of the Zoning Ordinance to mean: N x 4 trnp �j 3t'� p `'4 [I d q ' p"y ffi# to t! Z !. � i `j I I1 i n .t 'A I�,I .. • t "4`Y +4a t r �p L x"out 1 lin { j , x 44 Ij ,.jl I�r'wi .fL�` "s1.il..S" ^.tv]SG'� 'G x 11 n dkllaa7..84Ma:�Lalwlslbr F ili 4 as , -.1. .. _ ��,��.� .,... .._! .s_ . ._..1 _ ... —...wy.,.... Premises for the supplying of fuel,oil,lubrication, washing,or minor repair services; but not to include body work,painting, or major repairs. 20. The phrase "special permit use"is defined in Section 10 of the Zoning Ordinance to mean: A use which would not be appropriate generally or without restriction throughout the district but which, if controlled in a neighborhood, would promote the public health, safety, convenience,morals and welfare of the City's inhabitants. 21. The word"use"is defined in Section 10 of the Zoning Ordinance to mean: The specific purpose for which land, or a building and land, is designated,arranged intended(sic), or for which it is or may be occupied or maintained. 22. Section 6.4.1 of the Zoning Ordinance provides that: Unless a license is issued by the(City of Salem)Licensing Board, no new and/or used motor vehicles ... may be displayed and/or sold ....regardless of the ownership of same, from any building or lot within the City. 23. True and accurate copies of G:L.c: 140 §§ 57, 58 and 59 are attached as Exhibit 3 below. 24. G.L.c. 140 § 57 prohibits the sale of second hand vehicles by any person in the Commonwealth without a permit issued pursuant to G.L.c. 140 § 59. 25. The types of second hand vehicle sales licenses are defined in G.L.c. 140 § 58. 26. G.L.c. 140 § 58 (c) defines a"Class 2"automobile sales license as follows: Class 2. A person whose principal business is the buying or selling of second hand motor vehicles, a person who purchases and displays second hand motor vehicles for resale in retail transactions, and any other person who displays second hand motor vehicles not owned by him ... may be granted a used car dealer's license .... 27. G.L.c. 140 § 58 (d) defines a"Ciass 3 'auiomobile sales license as follows: i �' } 1 i r=f: gst' � ' `rv, a m <t�•N T# �✓ �1 1 5 - � Yau�m, �µS�yl¢"SAp�f4A� � 1^]S"Ri�37'li`l�"41w��� ' a�. t � i• r t.t*4 '� , 1 Y # � 1 a^t�� .+ i'r�t I !��`I t� a�{gel '3 �r6�s �: ,y„ t.i. �. IV .. x iii i 3. i t� ri �l{fi I Il�lg e�f I s E�iCCrp lS ' 6: 'r.Fwi.ar tzdkalJAhta"orXM si4�ti ka.6. `1£'e,x au]tia.e. ^21 7 Si l l "'. ' n u;I�Y##pfd isle ..r, A�Ca P21 +411n4 +'u 4y Class 3. A person whose principal business is buying second hand motor vehicles for the purpose of remodeling, taking apart or rebuilding and selling same ... may be granted a motor vehicle junk license. 28. Pursuant to the statutory definitions for Class 2 used automobile dealer's licenses contained in G.L.c. 140 § 58, a person who holds a Class 2 used automobile dealer's licenses may only-engage in the business of buying and selling second hand motor vehicles. 29. Pursuant to the statutory definitions for Class 3 used automobile dealer's licenses contained in G.L.c. 140 § 58, a person whose principal business is buying second hand motor vehicles for the purpose of remodeling,taking apart or rebuilding and selling same must apply for and receive a Class 3 used automobile dealer's license before engaging in such activities. 30. A person who holds only a Class 2 used automobile dealer's licenses issued pursuant to G.L.c. 140 § 59 may not lawfully engage in the business is buying second hand motor vehicles for the purpose of remodeling,taking apart or rebuilding and selling same. 31. The Property has been owned by Robert F. Salter(hereinafter"Salter")at all times relevant to this appeal. 32. Salter applied to the City Licensing Board(hereinafter the"Licensing Board") for a Class 2 Used Automobile Dealer's License for the purpose of allowing the restoration, storage and sale of second hand automobiles at the Property(hereinafter the"Salter Permit AApplication"). 33. The applicant on the Salter Permit Application was Salter Motor Sports, LLC (hereinafter"Salter Motors"). 34. The Salter Permit Application was heard by the Licensing Board on June 11, 2012. Sx'it't`�"� ggIt*s 6 <} y r Wc� >}Ye R1{31.."{, lq:fL 1�AEA a Y `Jd Y F t ftmM1k� F 111�Iµ��E '' ' _ 001 Ii i -'i '' '� -.'�'� 3# 1w15,...,3..1A�:,lc' :(u��ia&s96iY'1�tlstl uY4 ! dtt tt .I! t4 trsy� o tlk .uEE . I t I� W � ..2 xa E �t IF i l' � II Vet,.x ,p k u.•�y�yq�qy�, x .r. avv .,... r..n .un Wwa4Y eu. ,... .a. a ._ vu.ws rt. a..0 y ..a v noun ..Mara..a.JtYYJYwil�tltl Y'�ti G34Ya 35. A true and accurate copy of the minutes of the Licensing Board June 11, 2012 hearing which pertains to Salter Permit Application(hereinafter the"June 2012 Hearing') is attached at Exhibit 4 below. 36. Salter represented to the Licensing Board at the June 2012 Hearing that he was in. the business of repairing, storing and selling high end classic automobiles. 37. The minutes of the aforesaid June 2012 Hearing reflect that a member of the Licensing Board who was present at said hearing noted that a Class 2 license was to be used for the purpose of selling second hand automobiles,not a repair shop selling them or words to that effect. 38. The minutes of the aforesaid June 2012 Hearing reflect that City Solicitor Elizabeth Rennard(hereinafter"Solicitor Rennard")was present at the June 2012 Hearing while the Salter Permit Application was being heard by the Licensing Board. 39. The minutes of the aforesaid June 2012 Hearing reflect that Solicitor Rennard advised the Licensing Board that the Salter Permit Application could be entertained by that board and that conditions could be placed on said license based on a letter from the City zoning enforcement officer or words to that effect. 40. Solicitor Rennard's advice to the Licensing Board at the June 2012 Hearing constituted an affirmative statement that Salter Motors could lawfully be issued a Class 2 used auto dealers license for the purpose of both repairing and selling used automobiles at the Property so long as conditions were placed on those activities by a letter from the City's zoning enforcement officer. 41. Salter Motors was represented by one Attorney Joseph Correnti (hereinafter "Correnti"at the June 2012 Hearing. + t u tM a y r r � ,,wry �+ x yi. 7 - + e + • a_.. '���'�'���s r '� z i - tt*erta aa<i! t lry l�nll Mlx Nl+�hmi+Y +u�'?'xs"}p ik'N�,��1�`���t�`s��(t ` ll'@�+��`c�` tt��rc'�+��aa^Gt4�1+'}�i,�"3i rtAd„��'t}R�t..+�et'-�"�t�r.¢tM'fi':y�,• { �t:u�iU�hx�urro.���i abr Le c r + tt*� llt��}rk.ld itl}-'1.G nL.�'o.li'>�31L49i�� i� a«43 VFT ,.ru°^a. ei eL15�W1'�w..alsk'•a�< it�l��tt i}3XeL'F31LiYk Lw.e�ki'Lm.a�.xi,ilw'�'�� 42. The minutes of the aforesaid June 2012 Hearing reflect that Correnti represented to the Licensing Board that Salter Motors would not use paint booths at the Property if the Salter Permit Application was approved by that board or words to that effect. 43. The minutes of the aforesaid June 2012 Hearing reflect that the Chairman of the Licensing Board stated at the aforesaid June 2012 hearing that the Licensing Board should follow the legal advice provided by Solicitor Rennard with regard to the approval of the Salter Permit Application or words to that effect. 44. The minutes of the aforesaid June 2012 Hearing reflect that another member of the Licensing Board who was present at the June 2012 Hearing moved that the Salter Permit Application be approved contingent upon the Licensing Board receiving a letter from the City zoning enforcement officer or words to that effect. 45. The aforesaid motion was thereafter amended at.the June 2012 Hearing to limit the number of cars that could be stored at the Property to six. 46. The amended motion was thereafter seconded and carried at the June 2012 Hearing. 47. Salter Motors was issued a Class 2 Used Automobile Dealer's License (hereinafter the"Salter License"on June 11, 2012. 48. A true and accurate copy of the Salter License is attached at Exhibit 5 below. 49. The Salter License represents on its face that it was issued"In accordance with the provisions of Chapter 140 of the General Laws with Amendment'. 50. The Salter License authorizes Salter Motors to buy and sell second-hand motor vehicles at the Property. 1 lmqdf511'll[�, # .n A frt '� 1 ti:rn, a 5� i• [l F r t .} lI P `- I I�-F it�1 i "k } 3gf C T 11XW 112JI4.xi1W1dM1aGJA&1ndY6iLf11WYY[3P.X.iiFtV.1l Y:M41.6+rvM-WtW .hro%MIWr MYlu.�4`+.AW..4aM..n Cvialf/wa M' >WYIL IWLYY�fXYl igNu���� �i}tIYMA5il4lxl6d 11 A.M1F...1 , .. .. . '� 51. The Salter License provides on its face that it pertains to a: 3,600 SQ FT BLDG WITH 3,000 SQ FT DEDICATED TO REPAIRING AND SHOWING CLASSIC CARS, 15' X 15' MEZZAINE OFFICE LOCATED WITHIN THE BUILDING. 52. The Salter License does not identify what activities Salter Motors is allowed to undertake in the context of"repairing classic cars"at the Property. 53. The Salter License does not place any limitations on the activities that Salter Motors is allowed to undertake under said license in the context of"repairing classic cars"at the Property. 54. The Salter License authorized Salter Motors to store up to six cars inside the building at the Property. 55. The Salter License does not expressly on its face authorize Salter Motors to perform any motor vehicle body repair","motor vehicle general repairs"and/or"motor vehicle light service"at the Property as those phrases are defined in Section 10 of the City Zoning Ordinance. 56. The Board issued a variance to the then owner of the Property dated June 6,2001 to allow said owner to use the Property for the purpose of housing an office and as warehouse for a construction company (hereinafter the"2001 Variance"). 57. A true and accurate copy of the 2001 Variance (exclusive of the hand written annotations on the second and third pages thereof) is attached at Exhibit 6 below. 58. The 2001 Variance has been in full force and effect since its issuance and remains in full force and effect at present. 59. The 2001 Variance was issued for several parcels of land which were then known . as 8 and 10 Cherry Street and 12 to 14 Cherry Street. t — lit- anlsruse: ate, 4'iHt w# o a e 'X4 +tw,ai[aS+xs'rR4� az317f 'P "} 'iltlal�`l4^ice S#'1N'�=�4+ttyM"4isiy""ft 'i z.r,"il 4}'flfl� j+ i` 1 'Hjia X21 1 h. f t�., r t a c11 t 1r 1 ''I rkf I`" 1 i }�} p R t9 Y.3a5tttnstfi ..1)EJdc.1�'�% =r'"��SrnSflYe� r 6e it`d �St�}C. ci {.rK h�vLN�t 11 S�>Ix d 1x�.� `J! lnnI rrax L J{hPi�n1S ltl , 11YYt 4� 04lle:t S .r .. :Lr r. r YaMill...PtLSnt..il....Ni.Y..4c..A. ALL�61�N.«'�nd�N.y[4-XatlN7f...LIW.a 3.114-t�.F -A1L-0�..Y11t9....A.I....FLi6 J ii...r�4V Yn:M....3W.14iM....�rk.�wNxF.YSI 1.INI 60. Those parcels of land which were described as 8 and 10 Cherry Street and 12 to 14 Cherry Street in the 2001 Variance were combined to form a single parcel of land with frontage on Florence Street. 61. The parcel of land which was formed from the combination of the parcels of land described as 8 and 10 Cherry Street and 12 to 14 Cherry Street in the 2001 Variance is the Property. 62. The 2001 Variance expressly notes that the parcels of land which were then known as 8 and 10 Cherry Street and 12 to 14 Cherry Street were zoned R2. 63. The face of the 2001 Variance would have to expressly authorize the performance of any motor vehicle body repair","motor vehicle general repairs"and/or"motor vehicle light service"at the Property as those phrases are defined in Section 10 of the City Zoning Ordinance before those activities could lawfully be performed at the Property under said variance. 64. The 2001 Variance does not on its face authorize the performance of any motor vehicle body repair", "motor vehicle general repairs"and/or"motor vehicle light service"at the Property as those phrases are defined in Section 10 of the City Zoning Ordinance. 65. The 2001 Variance does not on its face authorize the performance of any vehicle body repair, general repairs, light service and/or restoration at the Property. 66. Salter Motors took title to the Property by a quit claim deed on July 20,2011 (hereinafter the"Deed'). 67. A true and accurate copy of the Deed (less certain hand written annotations on the margins of said deed) is attached at Exhibit 7 below. 68. Correnti sent a letter to the City building commissioner(hereinafter the "Commissioner")and met with said commissioner prior to Salter Motors taking title to the '• {dl4r.�9 .rf 6 rd+' {I' 'A$'m lab wF T�6'k3.� Pb. ,""i' {� "Os4m, i.� u -;"i .,1� I } i .ri3a1k �rihdao:Yl tr� IS�s6r ' 4to ` .v. ,:a`.uwwvler �. ih' p l Pfrf.iMua,Kdbaiierfiv...%dssrik.l�W+/. 4 ofi FlR.tYalmv eM,1.,..R -;; .�4,LU WY,J:A,iiML:Jt .4641 k,enl9 a .. Property to inquire as to whether automotive repair, storage and warehousing could be performed at the Property under the 2001 Variance. 69. The Commissioner sent a letter to Correnti dated July 20,2011 which states in part that that the 2001 Variance authorizes the use of the Property for a construction office, warehousing and the maintenance of construction equipment(hereinafter the"July 2011 Letter'). 70. A true and accurate copy of the July 2011 Letter(exclusive of the hand written annotations in the body of that letter) is attached at Exhibit 8 below. 71. The face of the 2001 Variance does not authorize the maintenance of construction equipment at the Property. 72. The July 2011 Letter was in error when it states that the 2001 Variance authorizes the maintenance of construction equipment at the Property. 73. The July 2011 Letter further provides that the commercial use of the property for automotive repair,storage and warehousing would be permitted uses under the 2001 Variance. 74. The July 2011 Letter was in error when it states that the 2001 Variance authorizes the performance of automobile repair work at the Property. 75. The July 2011 Letter was in error when it states that the 2001 Variance authorizes the performance of classic car work at the Property. 76. The July 2011 Letter shows that the Commissioner was on notice that Salter Motors intended to use the Property to perform automobile repair work at the time that he executed said letter. 77. The Commissioner was aware that the Zoning Ordinance prohibited the performance of"motor vehicle body repair", "motor vehicle general repairs"and"motor vehicle wbM1'x1ns+YW1'r$9�+`S+'L� u+) r .,;, 'fNf .'�^4rbW�¢'sa uvM'?raxswkywi��re`�`:' '7''�rup^ x�dpava. •r ��lm+} ii rl^ ' fU!' yNhAt#ad $4+ �' t' : m� a "O' }3'} t 4 Jfr} �qa, 'y to d L .Y j.'I l S J IA X ht KY 'y( t r1m,iakitiE�a��.i��,el i�ai� 6'Iaiuv�uwM �isucwia�"uki. �tieaeu..>ri� r:�rE�i�e�..�m �r�}� �iaw.Rv..��l� .��u a� tl�l�u. � nsk.n �Liv7.�fTriw� . wmna$.. i�llh light service" as those phrases are defined in Section 10 of said ordinance at all parcels of land in the City that are zoned R2 absent a special permit authorizing same at the time that he executed the July 2011 Letter. 78. The July 2011 Letter shows that the Commissioner was aware that the Property was zoned R2 at the time that he executed said letter. 79. The Licensing Board requested that the Commissioner provide a letter to that board to describe the conditions that would apply to Salter Motors use of the Property for classic car repair and/or restoration purposes. 80. The aforesaid request was made after the June 2012 Hearing_ 81. The City Building Commissioner sent a letter to the Licensing Board dated July 11, 2012 (hereinafter the"July 2012 Letter")which letter represents on its face that it pertains to the issuance of the Salter License. 82. A true and accurate copy of the July 2012 Letter is attached at Exhibit 9 below. 83. The Commissioner acknowledged in the July 2012 Letter that Salter Motors would use the Property to warehouse and restore classic cars. 84. The July 2012 Letter does not identify the activities that the Commissioner found to be authorized at the Property by and through his opinion that the 2001 Variance would allow the"restoring classic cars" at the Property. 85. The Commissioner did acknowledge in the July 2012 Letter that Salter Motors would not use a spray booth as part of its classic car restoration work at the Property. 86. The July 2012 Letter further provides that: I understand that Salter Motors has applied for a used car license in order to obtain','dealer plates"so that a restored vehicle could be legally driven in the street. I have also read the restrictions the Licensing Board has placed oh the license. " - f-F vv t e- + 12 �, 7 Yrs +f s fih� S+t aw n(tk,.nw. _ � �� it'�A?; ,", `'Ih'�' t , '.�>u.�t��3<': n'rssugft,2YnlakJu� k?3 +�+wiAC�elae�nii 11 Jai ist�s'�A6'iy Lk fcndtr� F r1 G.. .r'rur. Ir ka. :s:n _,�x:fi'1 It is my opinion that the occasional sale of a classic restored vehicle on site and by appointment only,fits within the nature and purpose of the commercial use permitted at the site. There should be little if any impact to the abutters and the intensity of use does not change by the occasional test drive of a vehicle conducted by appointment only. The additional use does not increase the equipment or number of employees. I do agree that any expansion of the limited used car License, beyond what was described by the Licensing Board,would not be allowed without appropriate zoning relief. 87. By issuing the July 2012 Letter to the Licensing Board,the Commissioner placed conditions on the use of the Property which exceeded the uses authorized by the 2001 Variance pursuant to the Licensing Board's request that he issue a letter to that board for that purpose. 88. Pursuant to Section 3.1.2 of the Zoning Ordinance,the Board may only issue special permits for certain activities identified in the Table of Principal and Accessory Use Regulations that are part of Section 3.0 of said ordinance. 89. Section 9.3.2 of the Zoning Ordinance provides that the Board has the power and the duty to hear and decide applications for special permits as provided in Section 9.4 of said ordinances. 90. Section 9.4.1 of the Zoning Ordinance designates the Board as the"Special Permit Granting Authority"under said ordinance. 91• Section 9.4.3 of the Zoning Ordinance provides that applications for special permits shall be filed in accordance with the rules and regulations of the Special Permit Granting Authority. 92. Article II of the Board's Rules establishes the procedures to be followed to for applications that are submitted to the Board pursuant to the Zoning Ordinance. • ... .. . .iW .4. K ^'wn1Ke. ury �'• • � o r . .n f +r .i MIN .. rr°r Jar _ «. i�.trrC i r a wsz+np s }I�Anrirst gsrgprw udpt ' 13 { a7 njs� i - , _.µf fru •iT +�. %il �r dL . ,•RM - r rk '� b+b yKE ♦ .� f.' v y �e q; F .r { ; .w,��� 17 k + lit r�JSfd �'"6i§,G1 �. rns.s ir•:awevw'urwe i,. 11wu.x.a.,�n.r_ 11 J'. s_ __..u.a cars v... _ o.u,.,,rw...u,�a .mri..i., w.reie a.tBb 5i. env.R..,b�ki:.i{Wc ... __ .. _.waE [:, 93. Salter Motors has not submitted an application to the Board pursuant to the Board's Rules or otherwise for the purpose of obtaining a special permit and/or another variance for the purpose of performing"motor vehicle body repair", "motor vehicle general repairs"and "motor vehicle light service" as those phrases are defined in Section 10 of said ordinance at the Property. 94. Salter Motors has not obtained a special permit from the Board for the purpose of performing"motor vehicle body repair","motor vehicle general repairs" and"motor vehicle light service"as those phrases are defined in Section 10 of said ordinance at the Property. 95. Salter Motors has not submitted an application to the Board pursuant to the Board's Rules or otherwise for the purpose of obtaining a special permit and/or another variance for the purpose of performing class or other car restoration work at the Property. 96. Salter Motors has not obtained a special permit and/or another variance from the Board for the purpose of performing classic or other car restoration work at the Property. 97. Salter Motors presumes that it is authorized to perform"motor vehicle body repair","motor vehicle general repairs"and/or"motor vehicle light service"as those phrases are defined in Section 10 of said ordinance at the Property based solely upon the issuance of the Salter License and the July 2012 Letter. 98. Salter Motors presumes that it is authorized to perform classic car restoration work at the Property based solely upon the issuance of the Salter License and the July 2012 Letter. 99. The Commissioner's issuance of the July 2012 Letter to the Licensing Board for the purpose of allowing Salter Motors to perform classic vehicle restoration work at the Property :TL lt� ,txN improperly usurped the Board's exclusive authority to issue special permits under the Zoning Ordinance. 100. The Plaintiff filed an administrative appeal to challenge the Commissioner's issuance of the July 2012 Letter to the Licensing Board for purpose of allowing Salter Motors to perform classic car restoration work at the Property by filing an appeal to the Board on August 9, 2012. 101. The legal notice that the Board published for the purpose of providing public notice of the Plaintiffs appeal described the subject of that appeal as being: "(A)n administrative appeal of a decision of the Building Commissioner for the property located 7 FLORENCE ST., Salem, MA." 102. A true and accurate copy of the aforesaid legal notice is appended at Exhibit 10 below. 103. The Plaintiff's appeal was heard on November 7, 2012. 104. The agenda for the hearing as which the PlaintifFs appeal was heard described the subject of that appeal as being: "An administrative appeal of a decision of the Building Commissioner for the property located 7 FLORENCE ST., Salem, MA." 105. A true and accurate copy of the Board's meeting agenda for the November 7, 2012 hearing is attached at Exhibit 11 below. 106. The Plaintiff's appeal in fact challenged the Commissioner's issuance of the July 2012 Letter to the Licensing Board for the purpose of allowing Salter Motors to restore classic cars at the Property by means of her appeal to the Board. 107. Board heard the Plaintiffs appeal on November 7,2012 108. Board handed down the Decision on November 20,2012. tl i M 0 r 15. r�tW 4-let a .a f 4 �Id4 p 1 ; i I x 1hiT 3a a i.�t a.4,8a1'isi [o " ••': a: 4 urti v f.L w ,o..a„.ri�l_1 � i[c' µi un!ti f f a!u a$a �"'.um .•i.a��' -'y� ;, »m uavo-.s Mr Ws. .. .. , ... ru 109. True and accurate copy of the Decision is attached at Exhibit 12 below. 110. The Decision provides in pertinent part that: In an attachment to the petition, and at the hearing,petitioner stated the Licensing Board's decision to issue the license was predicated n guidance received from (the Commissioner) in a letter dated July 11, 2012, advising the (Licensing)Board that the proposed use requiring a Class II License was consistent with the uses allowed on the site by the 2011 Variance. 111. The Board found that the only issue before the Board was the validity of the Commissioner's decision that Salter Motors's proposed activities which required the issuance of a Used Car Dealer's License Class I1 was consistent with the uses that the 2001 Variance authorized for the Property. 112. The Board further found that the Commissioner's decision that the occasional sale of classic cars,which requires the Used Car Dealer's license Class I1 was consistent with the use of the property and the 2001 Special Permit. 113. The Decision provides that Board denied the Plaintiff s appeal based upon the facts found as set out therein. 114. The Plaintiffs appeal did not challenge Salter Motor's ability to sell used cars at the property under the Salter License and the 2001 Variance as the Decision provides. 115. The Plaintiffs appeal did challenge Salter Motor's ability to restore used cars at the property under the Salter License,the July 2012 Letter and the 2001 Variance. 116. The Decision does not address the Plaintiffs challenge to challenge Salter Motor's ability to restore used cars at the property under the Salter License, the July 2012 Letter and the 2001 Variance. 117. The Decision exceeds the authority of the Board in that it is arbitrary,and.,,.., capricious. SINN'"r0RI`yi�tAl k r I '�'q�Tl"�N'SF4f t�!'-`�r�r�,�.g���a ry{gcvs�sr#YfPt�A•+�.�.rd r�'M' i" �!F< mlt'StCB','k3� 6'�'k l�'�'µ �. t � ...0 r U7�ilhrl?ik1� 1�7i}��EP.� 1 pir b�atd°Yrl} �t+��" frft��}}[["'F S�ri$?m1 1 _' I t 1 1 �{ ?.� ajT��{✓ r 1 t rry, a IBI:CYIW0.��YS'� �Y YIt`J yL.rt-.AY'Fi.{ � L IYRi_l+ � .V.Su{ J h �� ftWtb{G4C$L..il�P37.F1-411Ef A � i�4111�o-�hy.,,� I Lw.1:N t'AP�� �L�"1:{� •vtlNlf�kL l.idN.KNLR IaiSvWll®xiK.]M.' mYNWHYGHttwhs4FiWJlry YMtr#n JGiit114ay��Nb'1.-1��4iV�n4.�Y4ml ii<.'nnG.•..mr9.13AA4n�.A4.11F :�i1.Y.`MIi��Ul.�ltBwIY"111!1 ¢tSnd l! t - } a 118. The Decision is arbitrary and capricious because it denies the Plaintiffs appeal without addressing the issue whether Salter Motors could lawfully use the Property for the purpose of restoring classic/used cars pursuant to the Salter License,the July 2012 Letter and the 2001 Variance. 119. The Decision exceeds the authority of the Board because it is not supported by substantial evidence of record. FY. The Decision exic edS the authority U111e-Board because it alloWs.Salter Ro-fors---- — to use the Property to restore and/or repair classic and/or used cars without first having obtained a special permit from the Board for the purpose as required by the Zoning.Ordinance. 121. The Plaintiff has been aggrieved by the Decision because said decision is arbitrary and capricious. 122. The Plaintiff has been aggrieved by the Decision because said decision is not supported by substantial evidence of record. 123. The Plaintiff has been aggrieved by the Decision because Salter Motors has improperly been granted authorization to repair and/or to restore used cars at the Property in contravention of the requirements contained in Section 3 of the Zoning Ordinance which provides that that parcels of land zoned R2 in the City shall not be used for"motor vehicle body repair","motor vehicle general repairs"and"motor vehicle light service"as those phrases are defined in Section 10 of said ordinance without the Board's issuance of a special permit authorizing such activities. 124. ,The Board's issuance of the Decision in a manner that is arbitrary and capricious constitutes gross negligence. J.C � 44Fi I It4f, l7,Sir �g�q� cave ul,; l+u:M„a� egrr I'ii �"R3+r@11�4'�`�h#'S ''�"w''Rcgn=4t%aTMreq+ k ' t �?� ! aauwL.e��E�l bI+1.W? tyav: �.�e�:en.'�S.i uLumtn .�lM1,.�' . ....,rA.AL^1 '6:aar�•4w��..tX�u�!�...i�'��uuu-ri 1'�xu�n�i��� .l�ueidil�tlu '��rw..�,�. ..tn ea..}�' s, wn..,l�� 125. The Board's issuance of the Decision in the absence of substantial evidence of record constitutes gross negligence. 126. The Board's issuance of the Decision without addressing the Plaintiff's claim that Salter Motors could not lawfully repair and/or restore classic and/or used cars at the Property pursuant to the Salter License, the July 2012 Letter and the 2001 Variance constitutes gross negligence. Prayers for Relief WHEREFORE,the Plaintiff prays that this Court: 1. Annul the Board's decision in toto. 2. Issue an order to the Board which requires that the Commissioner issue a cease and desist order to Salter Motors for the purpose of precluding Salter Motors from performing "motor vehicle body repair", "motor vehicle general repairs"and/or"motor vehicle light service as those phrases are defined in Section 10 of said ordinance at the Property until such time as Salter Motors obtains a special permit from the Board which authorizes one or more of such uses at the Property. 3. Issue an order to the Board which requires that the Commissioner issue a cease and desist order to Salter Motors for the purpose of precluding Salter Motors from performing classis and/or used car restoration and/or repair work at the Property until such time as Salter Motors obtains a special permit from the Board which authorizes one or more of such uses at the Property. 4. Find that the Board's issuance of the Decision in a manner that is arbitrary and capricious, in the absence of substantial evidence of record and without addressing the Plaintiff's claim that Salter Motors could not lawfully repair and/or restore classic and/or used cars at the t 1 f JI 1 y - 1ytis� "'rjt`."�`I{ 'fi',9't�[4d? $� I �'klM0.! JFaI•i s J6Yi�'1�} r t��f 31x UJ ':'Mn .A r1Mw..iJllasliyll�.1 s�I.IWYfelJ4.u�..ir�ea�u �at r...��..I aS.MaT��s .i�,nL s. w`li�e.l }S+�I.r y{I•M FaY WJ•:h1 .rui�� IiF�lt Il�lf k.tt i 1��LZ If.i$sJI�Fk .{Vlf6itil�,N Property pursuant to the Salter License,the July 2012 Letter and the 2001 Variance individually and/or collectively constitutes gross negligence. 5. Award the Plaintiff costs against Defendant City of Salem to the fullest extent permitted by G.L. c. 40A § 17. 6. Grant such other relief as the Court deems meet and just. PLAINTIFF JOANNE R. HIGGINS By her attorney, J ep h A. Wellington (BBO 522420) )armody&Torrance LLP 50 Leavenworth Street Waterbury, Connecticut 06702 203.575.2613 (contact) 203.575.2600 (facsimile) jwellington@carinodylaw.com Dated: December 6, 2012 :Ytj*rMu;L h x y _ yk, ' t._,. '.. i _ K - M' sl �! }i YI tV r 9r'a..na• CITY OF SALEM ZONING ORDINANCE September 10, 2009 f � 4r r �s,ipv Lty}'4r��f E'k�39 tf Mill l t,ux*z��8u�i T , •;.YL - i �: p r pd i + Ek"4Sou'Yk A+ff' li, .�W � A • r `r_ rbc . „ �� _ „� � � � �.hEXIMIT 1 w i i 1` ".E Ab1hI 1 f�: lY hakry i�u �h ilty I rr fi�.�a�,t 3A4 f i��i� 1 Lf`11J KL b?G,' � +kFL ri( L.na3Ytlx�Y.r91id4 arNL!•hYl•.lri'J4.�,aaVYt' #�lii atAr.Y."`trial d4T tri.�..n- . .. r✓ vn.4Y4&ALIu.��.Wig]'fii�MMaAIIL.Aa.1116lntiwLlWMn kl'Y.Wt 4MNi W.Wlla h.l'#en.•.�lwL4@lf: CONTENTS SECTION 1.0 PURPOSE AND AUTHORITY.......................................................................... 1 1.1 PURPOSE....................................................................................................................... 1 1.2 AUTHORITY................................................................................................................. 1 1.3 SCOPE............................................................................................................................ 1 1.4 APPLICABILITY........................................................................................................... 1 1.5 AMENDMENTS............................................................................................................ 1 1.6 SEPARABILITY............................................................................................................2 SECTION 2.0 DISTRICTS........................................................................................................3 2.1 ESTABLISHMENT........................................................................................................3 2.2 OVERLAY DISTRICTS................................................................................................ 3 2.3 ZONING MAP................................................................................................................3 2.4 LOT SPLIT BY DISTRICT BOUNDARY LINE..........................................................4 SECTION 3.0 USE REGULATIONS.........................................................................................5 3.1 PRINCIPAL USES......................................................................................................... 5 3.2 ACCESSORY USES......................................................................................................9 3.3 NONCONFORMING USES AND STRUCTURES................................................... 10 SECTION 4.0 DIMENSIONAL REQUIREMENTS................................................................ 13 4.1 GENERAL REQUIREMENTS.................................................................................... 13 4.2 ROOFING OVER OR ENCLOSING EXISTING PORCHES.................................... 16 SECTION 5.0 GENERAL REGULATIONS........................................................................... 18 5.1 OFF-STREET PARKING ............................................................................................ 18 5.2 LOADING....................................................................................................................22 5.3 SIGNS...........................................................................................................................24 SECTION 6.0 SPECIAL REGULATIONS.............................................................................25 6.1 REMOVAL OF EARTH PRODUCTS........................................................................25 6.2 TRAILERS...................................................................................................................26 6.3 AUTOMOBILE SERVICE STATIONS......................................................................26 6.4 SALES OF MOTOR VEHICLES AND BOATS.........................................................27 6.5 RELIGIOUS OR EDUCATIONAL INSTITUTIONS.................................................28 6.6 WIRELESS COMMUNICATION FACILITIES (WCF) ............................................28 6.7 DRIVE-THROUGH FACILITIES...............................................................................31 6.8 VISIBILITY AT I14TERSECTIONS ...........................................................................35 6.9 LAND-BASED WIND ENERGY FACILITIES............................................35 SECTION 7.0 SPECIAL RESIDENTIAL REGULATIONS..................................................44 7.1 MULTIFAMILY DEVELOPMENT............................................................................44 7.2 CLUSTER RESIDENTIAL DEVELOPMENT...........................................................46 7.3 PLANNED UNIT DEVELOPMENT...........................................................................47 SECTION 8.0 SPECIAL DISTRICT REGULATIONS..........................................................51 8.1 WETLANDS AND FLOOD HAZARD OVERLAY DISTRICT(WI;HOD) ..::::".'_51 8.2 ENTRANCE CORRIDOR OVERLAY DISTRICT(ECOD)......................................57 8.3 BUSINESS PARK DEVELOPMENT DISTRICT..............:.......................................58 8.4 NORTH RIVER CANAL CORRIDOR NMMOMOOD MIXED USE DISTRICT"t"` (NRCC).. ... ... ................... .............61 8.5 CONSERVATION OVERLAY DISTRICT(COD).................................... 70 SECTION 9.0 ADMINISTRATION AND PROCEDUR$S �{ " °1^' nsl72 "9 EFOftCEM$I�T . .. ' .... 72 �+ i'ih{� �> I� '�+i' � �`fa.. .Wr aww'YtS�� . L. 9.2 VIOLATIONS ..............................................................................................................72 9.3 BOARD OF APPEALS................................................................................................73 9.4 SPECIAL PERMITS ....................................................................................................74 9.5 SITE PLAN REVIEW..................................................................................................75 SECTION 10.0 DEFINITIONS...................................................................................................80 Mir 41.1311W °+1.k{1 Ilart 6 +`={ 1 ,�IEI f �J� � 1 ry t t _. i 1{It� 1Y t ..... va 1 t ' xx ror� �u .F�+.+'��f1a"a �f.3au 1 L A ¢llw r&iWeN u�l a °t #s.. r I r.F nl 'i'e iwµ '�I e11il .w�'ItLx'rel Iu ,b �e I SECTION 1.0 PURPOSE AND AUTHORITY 1.1 PURPOSE. For the purpose of promoting the health, safety, convenience, morals or welfare of the inhabitants of Salem,the zoning regulations and restrictions of this ordinance, ordained in accord with the provisions of Chapter 40A of the General.Laws and, in the case of signs, ordained in addition in accord with the provisions of Section 29 of Chapter 93 of the General Laws, are designed among other purposes to lessen congestion in the streets; to preserve health;to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent overcrowding of land;to avoid undue concentration of population;to facilitate the adequate provision of transportation,water, sewerage, schools, parks and other public requirements;to conserve the value of land and buildings;to encourage the most appropriate use of land throughout the City; and to preserve and increase its amenities, to preserve and protect the water supply,open space and conservation of natural resources, to prevent the pollution of the environment and community blight,to ensure housing for all income levels and compliance with the master plan of the City of Salem;all as authorized by,but not limited to, the provisions of the Zoning Act, G.L. c.40A, as amended, Section 2A of 1975 Mass.Acts 808, and by Article 89 of the Amendments to the Constitution of the Commonwealth of Massachusetts. 1.2 AUTHORITY. This Zoning Ordinance is enacted in accordance with the provisions of the General Laws,Chapter 40A, and any and all amendments thereto,and by Article 89 of the Amendments to the Constitution of the Commonwealth of Massachusetts. 1.3 SCOPE. For these purposes, the construction, repair, alteration, reconstruction, height, number of stories, and size of buildings and structures,the size and width of lots,the percentage of lot area that may be occupied,the size of yards,courts,and other open spaces,the density of population, and the location and use of buildings, structures, and land in the City are regulated as hereinafter provided. 1.4 APPLICABILITY. All buildings or structures hereinafter erected,reconstructed,altered, enlarged,or moved,and the use of all premises in the City,shall be in conformity with the provisions of the Zoning Ordinance. No building, structure or land shall be used for any purpose or in any manner other than is expressly permitted within the district in which such building, structure or land is located. Where the application of this Ordinance imposes greater restrictions than those imposed by any other regulations,permits, restrictions,easements, covenants, or agreements,the provisions of this Ordinance shall control. 1.5 AMENDMENTS. This Ordinance may from time to time be changed by amendment, addition, or repeal by the City Council in the manner provided in G.L. c.40A,s.5,and any amendments thereto. 1.5.1 Petition to Amend. A descriptive plot plan shall accompany all petitions to amend this Ordinance for the purpose of changing the boundary lines of disiricis as shown on the zoning map. Such plan shall be filed with the City Clerk, and a duplicate copy of such plan shall be filed with the Planning Board. The plan shall be drawn accurately, sufficiently clear to show'clearly the following data: 1. The metes and bounds of the site; Ipi�n psk re rice :.rt refeohoe iridiks — k s , a '�;F , 4#?e!°3A'n+S 1 , h ...Y��S�';�'a' .,a.i�1� ,aj�?`'�15�,+�r,���;f��r�l+�!,$�'r +�Ys§40 �`�.Hgp,hsiN!i z£. .1., is 2lt�M to Hs1��b� il CJ �� k 3 SECTION 2.0 DISTRICTS 2.1 ESTABLISHMENT. For the purpose of this Zoning Ordinance, the City is divided into the zoning districts set forth below: RESIDENTIAL DISTRICTS Residential Conservation (RC) Residential One Family (RI) Residential Two Family (R2) Residential Multifamily (R3) COMMERCIAL AND MIXED USE DISTRICTS: Business Neighborhood (B 1) Business Highway (132) Business Wholesale and Automotive (134) Central Development (135) Business Park Development (BPD) North River Canal Corridor (NRCC) INDUSTRIAL DISTRICTS: Industrial (I) 2.2 OVERLAY DISTRICTS. In addition,the following overlay districts are also hereby established in Section 8.0: Wetlands and Flood Hazard Overlay District (WFHOD) Entrance Corridor Overlay District (ECOD) Conservation Overlay District (COD) 2.3 ZONING MAP 2.3.1 Establishment. The location and boundaries of these districts are hereby established as shown on a map entitled "Zoning Map of the City of Salem"dated August 27, 1965, as may be amended,on file in the office of the City Clerk, which map, with all explanatory matter thereon, is declared to be a part of this Ordinance. 2.3.2 Amendment. If, in accordance with the provisions of this Ordinance and the General Laws, Chapter 40A,amendments are approved by the City Council which involve changes in district boundaries or other matter portrayed on the zoning map,such changes slial1 �e made promptly on the w.. zoning map. I.AFF ..P•' A fo ruY.vyya:, I I iH'lr 1 le P t t 2 3 3 Official Copy: Regardless of the existence of purported copies of f�e z6hlh #dap vLiiich hfay " , e' mak „ =1: it t. e;a� 4 �e lnac�e or� ii�lished from time to time,die zorimg map on file to the o}I is $ ire�lty��eWkh�li bb 4v ev-0. va5tiu a{ k�nuux�i¢mm�lixsvulaw,M.,4 Lid a3..aw u.-w..,i ..,,}...¢�'$ w .gin � tK - i' ...isw P,jw "'V1. a �mluI 1Mws..x^tsr! •Iw.xAz«.a w.,,. .wi± 5 SECTION 3.0 USE REGULATIONS 3.1 PRINCIPAL USES. Except as provided by law or in this Ordinance in each district, no building or structure shall be constructed, used or occupied, nor shall land be used or occupied, except for the purposes permitted as set forth in the accompanying Table of Principal and Accessory Use Regulations. 3.1.1 By Right. A use listed in the Table of Principal and Accessory Use Regulations is permitted as of right in any district under which it is denoted by the letter"Y" subject to such restrictions as may be specified elsewhere in this Ordinance. 3.1.2 Special Permit: Zoning Board of Appeals. A use designated in the Table of Principal and Accessory Use Regulations by the letters 'BA" may be permitted as a special permit only if the Zoning Board of Appeals so determines and grants a special permit therefore as provided in Section 9.4 of this Ordinance subject to such restrictions as are set forth elsewhere in this Ordinance, and such restrictions as said Board may establish. 3.1.3 Special Permit:Planning Board. A use designated in the Table of Principal and Accessory Use Regulations by the letters "PB" may be permitted as a special permit only if the Planning Board so determines and grants a special permit therefore as provided in Section 9.4 of this Ordinance subject to such restrictions as are set forth elsewhere in this Ordinance, and such restrictions as said Board may establish. t { „Nlf "+F_att�.: r"71' i�' � 1r' r �xi a'46xear f,Eeu�.ntame wEMw,iv.-t ere aYl� ��} It!m"pr! ie',�ta ,. acr rntp�� .a,knon�::.�yviretn kvr^srnri�M4ttS�°rn ,,.=..' " .bei ri1z4 146 kY��fa�if /iMl uWu i`t ib es'+NtedsN-,a ..,t. . a }dxtr .'±.< I EfH � i �� «.�u .v..i>:ar..vorEas�sNa�d.�na .emz.a�aLb _.k . ..usa cu .ia' Hlw,:rh 6 TABLE OF PRINCIPAL AND ACCESSORY USE REGULATIONS PRINCIPAL USES RC R1 R2 R3 B1 B2 B4 BS I BPD A.RESIDENTIAL USES Dwelling, Single-family Y Y Y Y Y N N Y N N Dwelling,Two-family N I N I Y I Y Y I N I N Y I N I N Dwelling, Multifamily N N N Y Y N N Y N N Cluster development PB PB PB PB N N N N N N Dwelling unit above first floor retail, N N N N N N N Y N N personal service, or office use Dwelling unit in historic carriage house BA BA BA BA BA N N N N N Multifamil 'Develo ment N N N ' BA N N N N N N Nursing or convalescent home N N N BA BA BA N N N PB Planned unit development N N N PB PB PB PB PB PB Y Rooming,boarding or lodging house N N BA N BA BA N N N N B.EXEMPT AND INSTITUTIONAL RC R1 R2 R3 B1 B2 B4 B5 I BPD USES Child care facility Y Y Y Y Y Y Y Y Y Y Essential services BA BA BA BA BA BA BA BA BA PB Facilities for the sale of produce, and wine Y Y Y Y Y Y Y Y Y Y and dairy products,provided that during the months of June,July,August, and September of every year,or during the harvest season of the primary crop,the majority of such products for sale,based on either gross sales dollars or volume,have been produced by the owner of the land containing more than five acres in area on which the facility is located Hospital BA BA N N N N N N N N Municipal facilities Y Y Y Y Y Y Y Y Y Y Use of land for the primary purpose of Y Y Y Y Y Y Y Y Y Y agriculture,horticulture, floriculture,or viticulture on a parcel of more than five acres in area Use of land or structures for educational Y Y Y Y Y Y Y^- Y.,. Y Y purposes on land owned or leased by the commonwealth or any of its agencies, subdivisions or bodies politic or by a - n religious sect or denomination,or by a nonprofit educatiohai corporatioh ' Use of land or structures for rehg10 �f <Y`t•x, Y r>r Y,z �Y„' Y „ .Y U OSeS .e:'rA'teit�, $; y +'iP.Ra .'dl�Y9¢ nxn�Y »'a+1sr «M l�;,;�_ r �✓�{{ }}TT, ,++N'.� --t <H ��,✓` . k r�.«4E��AF{e..IA+w7 � .1t .Ire o* F '� a� '�9fii�i ' i >':'-' }Spx”„a �i�.l '�rB. xsnLctiPP�lyw4�M'rafy�raC 2a ...d... ,''.--�w"fevir33,,.lB�M, ls�+a.�.•ui.4...a'w n ' vs 5Y n.6,a n ,.laaiW.fi�'.'4��'�n+`a" - 7 C. COMMERCIAL USES RC RI R2 R3 BI B2 B4 B5 I BPD Adult day care BA BA BA BA BA BA BA BA BA PB Agricultural use, nonexempt Y Y N N N N N N N N Animal clinic or hospital; kennel N N N N BA BA BA N BA PB Arts and crafts studios and workshops N N N BA BA BA BA Y Y Y Bank, financial agency N N N N Y Y Y Y Y N Bed and breakfast N N BA N BA BA N N N N Business or professional office, including N N N N Y Y Y Y Y Y medical Club or lodge, private N N N N N N N Y N N Commercial recreation, indoor N N N N N BA BA Y BA N Commercial recreation,outdoor N N N N N BA BA N N I N _Drive—through facilities; fast-food N N N N N PB PB' PB PB ' N Drive-through facilities; other N N N N N PB PB PB PB N Educational use, nonexempt N N N N N N N Y N N Farm stand, nonexempt Y Y N N N N N N N N Funeral home N N BA BA BA BA N N N N Retail store, except department store,not N N N N Y Y Y Y Y N elsewhere set forth General service establishment N N N N Y Y Y N N N Golf course Y Y Y Y Y Y Y Y Y N Historic buildings open to the public N. N Y Y Y Y Y Y Y Y Hotel,motel,or inn N N N BA N Y BA Y N N Marina;waterfront boat yard or yacht club BA BA BA BA BA BA BA BA BA N Motor vehicle general and body repair N N N N N BA BA N BA N Motor vehicle light service N N N N BA Y Y N Y N Motor vehicle,trailer and boat sales, N N N N N BA Y N Y N service and rental Museum N N Y Y Y Y Y Y Y Y Nonprofit outdoor recreational facilities BA BA N N BA N N N N N Personal service establishment N N N N Y BA Y Y N N Plumbing, carpentry and sheet metal shop N N N N N N Y N N N Restaurant, with service of alcoholic N N N N N Y N Y N N beverages Restaurant; drive-in or fast-food N N N N Y Y Y Y Y N Restaurant; no service of alcoholic N N N N Y Y Y Y Y N beverages Retail department store located within a N N N N N Y N N N N shopping laza Retail-wholesale supply establishments, N N N BA BA N N Y N N provided that the wholesale operation does hot exceed 50%of the gross floor area Sale and storage of building supplies N N N N N N Y N Y N „. rSu rmarket N N N IN N Y N N N N Wind 6ergyfacility,commercial scale N N N PB N N : N N PB P13 '% OIt Wttid erie facili }fesidetitial 'scale PB P$ PB P$ P$ PB PB. N -. PB PWT -7 }*�'49Ke"ti^¢i" .gmWryA{rttjiM , � 'fi'ri"u"'= ' rNY!°f'HM'u:x - . .Y.IAfI„ls1A�3. yr .-mLLe 4Y✓I ,.uaSb.i. -4N v” N.<r . .ws...l svuae .x .il.ui4unv na,: .iu ,. t¢. .«..�f. dn.,,Leiy t�,'i, 8 Wireless Communications Facility PB PB PB PB PB PB PB PB PB I PB D. INDUSTRIAL USES RC RI R2 R3 BI B2 B4 B5 I BPD Assembly or packaging N N N N N N N N Y PB Computer hardware development N N N N N N N BA Y Y Contractor'syard; landscaping business N N N N N N N N BA PB Earth removal N N N N N N N N N N Food and beverage manufacturing, bottling N N N N N N N N Y Y or processing facility Junkyard or automobile graveyard N I N I N N N N N N BA N Light manufacturing N N I N N N N N N BA PB Livery facility, yard,or terminal N N N N N N N N BA N Manufacturing N N N N N N N N BA PB -Mini-storage warehouse facility N N N N N BA BA N BA PB Publishing and printing N N N N N Y Y Y Y N Research, laboratories,and development N N N N N Y N N BA Y facilities Transportation terminal N N N N N N N N BA N Wholesale,warehouse,or distribution N N N N N Y Y BA Y PB facility E. ACCESSORY USES RC RI R2 R3 BI B2 B4 B5 I BPD Adult day care BA BA BA BA N N N N N N Customary agricultural, horticultural and BA BA N N N N N N N N floricultural operation Family day care, laze BA BA BA BA N N N N N N Family day care, small Y Y Y Y N N N N N N Home occupation BA BA BA BA N N N N N N Private garages and other accessory Y Y Y Y Y N N N N N structures Rooming and boarding not more than 2 N N Y Y N N N N N N persons w I#t A6+ it t } i .-n.ort � �a✓�i � P 5't-` r ` I J L-x re iuu v..w . .aud �uirli�l..,nnW.�a„x lh. M.� c.NG. ps 9tt1 .Iw . '�.. t.1�'� {}yt�.�ty3 � IC'��rs.�t.i4a,rs� � ron� uwew t�mt-aire arv.suau bianiim`liW 10 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 the rear lot line. The building area of such building or structure, excluding garages, shall not exceed one(1)percent of the lot area or one hundred twenty (120) square feet, whichever is greater, and shall not be located closer than ten (10) feet to any other building on the same lot or any abutting lot. 4. Accessory structures and garages shall not exceed 1.5 stories or eighteen (18) feet in height. 3.2.5 Swimming Pools. Pools used for swimming or bathing shall be in conformity with the requirements of this Ordinance and the State Building Code. Swimming pools shall not be considered structures for purposes of this Ordinance. However, no side of any pool shall be located less than six (6) feet from any rear or side property line, unless a special permit is obtained from the Board of Appeals. Pools shall conform to front yard setbacks as required for dwellings in Section 4.0 of this Ordinance. 1. All accessory structures, installations and equipment,such as showers,dressing rooms, equipment houses or other buildings, shall comply with all applicable requirements of the Zoning Ordinance. 3.2.6 Commercial Vehicles. The term"accessory use"shall not be construed to mean that the land cannot be used for the storage or overnight parking of motor vehicles, including trucks,tractors, trailers except as exempted by Section 6.2, unless the "permitted use" for buildings in the district allows such parking for the storage of commercial motor vehicles. 3.3 NONCONFORMING USES AND STRUCTURES. 3.3.1 Applicability. This Zoning Ordinance shall not apply to structures or uses lawfully in existence or lawfully begun,or to a building or special permit issued before the first publication of notice of the public hearing required by G.L.c.40A, s. 5 at which this Zoning Ordinance,or any relevant part thereof, was adopted. Such prior, lawfully existing nonconforming uses and structures may continue, provided that no modification of the use or structure is accomplished, unless authorized hereunder. 3.3.2 Nonconforming Uses. The Board of Appeals may award a special permit to change a nonconforming use in accordance with this section only if it determines that such change or extension shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. The following types of changes to nonconforming uses may be considered by the Board of Appeals: 1. Change or substantial extension of the use; .. - .:. . -1-- 2. Change from one nonconforming use to another, less detrimental,nonconforming use. 3.33 Nonconforming Structures. The Board of Appeals may award a special permit to ,,.,,, reconstruct,extend,alter,or change a nonconforming structure iii accordance with this sectiori, M only if it determines that such reconstruction,extension,alteration,.orchange shall not,be substantially more rt d1Isttr 11{ detrimental than the existing nonconforming structure to the iieth{m}{toot{. {he{o{{owtngy(ii s o 9 w, , , is ct ariges to nonconforming structures may he constdereJ 6y tht: o'041 o Ap{reals .}* { t .* hal J .�w�», +s , ;ie� �rPr n�+F3k@�"rwN$' * 'e"s't N �"'#�7 � �w3;:Ys;^€�r.�> .et::i^'t 7�.•,� � i al.}x w ,Far � _ �' 3 N.Cst , iil$1a�` '$l♦''�^�p `:^ «'� x '"TP+3k%�'hf�Rkflt,nss. E PSLR 1 9 iu-1 N1NL.AAIfHI:: birth:�dHYIRRFsn.4..Yik-V.dlii:rt.x..v� kha ..... . . 27 of lot width for every two(2) pumps and one(1) service bay in excess of four(4) pumps and two(2) service bays. Duplex pumps and/or hoses that are covered or enclosed in a single housing shall be counted as two (2) pumps. 2. Every structure erected for use as an service station shall have a minimum setback from the street right-of-way of forty (40) feet and a minimum setback from all property lines of ten(10) feet. All pump islands shall be set back a minimum of fifteen (15) feet from all property lines. 6.3.3 Service Areas. All vehicle service areas shall be constructed to conform to the following standards: 1. A curb six(6) inches high and six(6) inches wide shall be provided along all property lines abutting street rights-of-way, except for portions used for driveway entrances: 2. The entire area used for vehicle service shall be paved, except for such area as is landscaped and considerably protected from vehicle use by a low barrier. 3. Hydraulic hoists, pits and lubricating, greasing, washing and repair equipment shall be entirely enclosed within a building. 4. The width of driveway entrances shall be not more than twenty-four(24) feet. 5. The angle of intersection of the driveway with the street shall be not more than sixty(60)degrees. 6. The distance from any driveway to any side property line shall be not less than twenty(20) feet. 7. The distance between curb cuts shall be not less than forty(40) feet. 6.3.4 Screening. A solid wall or compact evergreen screening five(5) feet high shall be erected along all property lines abutting residential uses. 6.35 Lighting. Exterior lighting shall be so arranged as to reflect light away from adjoining premises and streets. 6.4 SALES OF MOTOR VEHICLES AND BOATS M 6.4.1 » General. Unless a license is issued by the Licensing Board,no new and/or used motor vehicles, including motorcycles,trailers as defined in this Ordinance, boats and canoes of any description,motors including outboard motors may be displayed and/or sold or rented,regardless of ownership of same, from any building or lot within the City limits. y;ylp�{ ; RI n R• l kryl y yegr AYstil m„','xN "ta+fvattsi;.;N!-i«r;,gyrNrfi riaj ' } ` "+4nj„04 4lr yaenm .fir r& fi.�..N'�'b4 iKr,{'r4�l't! { .t3 -"q, , r F� -dr:�PN� G6�`r�sssti �:Yrh kv.� i.IR.:ti.�_,�..u�a,' ! �,..n�' r�"S- ..,� i � sLA.0 o�.0 l' A 1 �Yi��u�t�dPc:.d bi �1�iYlf .. .fes .. � _. ., n x... _.0 I-.ae. .. • . ..a,. aae.. u..o�_r.w. ...vo ruf(lily 2s 6.4.2 Exception.This provision, however, shall not apply to any person who resides in RC, Rl, R2 and R3 Districts, subject to the following provisions: 1. Only one (1)vehicle or item, as listed hereinbefore, may be displayed for sale in any twelve-month period. 2. The registered owner must reside in and be the owner of the property on which the vehicle for sale is displayed. Persons of the First degree of kindred permanently residing in the dwelling unit may be included in this interpretation. 3. No vehicle for sale shall be permanently displayed on the street at any time, nor shall it be permanently displayed or parked in any front yard area. Refer to Section 4.1.2 for the definition of front yard. 4. Only one(1) "For Sale""sign,which shall not exceed one and one-half(1.5) square feet in area, may be displayed. This sign must be located on the interior side of the front or rear window. 6.5 RELIGIOUS OR EDUCATIONAL INSTITUTIONS No portion of this Ordinance shall be interpreted to regulate or restrict the use of land or structures for religious purposes or for educational purposes on land owned or leased by the Commonwealth of Massachusetts or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination or by a nonprofit educational corporation; provided, however, that such land or structures must comply with all the requirements of the Zoning Ordinance concerning the bulk and height of structures,yard size, lot area, setbacks,open space, parking and building coverage requirements of the zoning district in which it is located. 6.6 WIRELESS COMMUNICATION FACILITIES(WCF) 6.6.1 Purpose. The purpose of this amendment is to provide areas where wireless communications facilities(WCF) can be sited by special permit,while minimizing potential damage and adverse visual impacts on adjacent properties, residential neighborhoods, and areas of historic or high scenic value;to allow the provision of necessary wireless communication services in an orderly way;and to promote shared use of existing facilities to reduce the need for new facilities. 6.6.2 General. Except as provided in Section 6.6.6,an applicant for a WCF may not be issued a building permit unless or until a WCF special permit has been issued by the Planning Board. The Planning Board may approve,or approve with conditions, if the petitioner can fulfill the requirements of this section.•Art application for a WCF special permit shall be denied if the «. u 1: r rr 6 1;.i. E rr a. aie can°•g. x a.-ru... l n-`fta '3raxrs'xT" •wg w :. i 4�t"•,.tit at"2i`+S �1iwi .'tq".31 eS; '^flr"{ Mlw 9 ^+ �+t ?'d v 1, +tl etr �IJ - lai;4�im u.s.v... _�: x.. x.a ..�.,a. ..0..w.i... a•....r.w. e.u,«.,4. .x wxdr+exN w�,I L d"si c,9u�a d. ,. ._ _. :s • 73 illegal work being done;or any other action authorized by this Ordinance to ensure compliance with or to prevent violation of its provisions. 9.2.3 Penalty. Violation of any of the provisions of this Ordinance shall constitute a misdemeanor. Any person who violates this Ordinance shall, upon conviction thereof, be fined not more than three hundred dollars($300.00) per violation and, in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation. 9.3 BOARD OF APPEALS 9.3.1 Establishment. A Board of Appeals is hereby established,which shall consist of five .(5)members to be appointed by the mayor,subject to the confirmation of the City Council,each for a term of five(5)years and with the term of one(1)appointee expiring each year. I. The board shall elect annually a chairman from its membership,shall appoint a secretary and shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of the General Laws, Chapter 40A. 2. The mayor,subject to the confirmation of the City Council, may appoint associate members to the Board of Appeals. In accordance with Chapter 40A, no more than two (2) associate members may be on the Board of Appeals at any time, and their duties shall be as determined by Chapter 40A. 9.3.2 Powers. The Board of Appeals shall have the following powers and duties: 1. To hear and decide appeals taken as provided in Chapter 40A of the General Laws. 2. To hear and decide applications for special permits as provided in Section 9.4, hereof, except such applications for special permits where the power to grant is vested in the Planning Board by this Ordinance. 3. To authorize upon appeal,or upon petition in cases where a particular use is sought for which no permit is required,with respect to a particular parcel of land or to an existing building thereon a variance from the terms of the applicable Zoning Ordinance or bylaw where, owing to conditions especially affecting such parcel or such building but not affecting generally the zoning district in which it is located,a literal enforcement of the provisions of this Ordinance would involve substantial hardship, financial or, otherwise,to the appellant and where desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such Ordinance,but not otherwise. In exercising the powers under this subsection(d)(3),the board may impose limitations both of time and of use,and a - � iiax+ , �Elrg�ir7 ;aY �itm tW! a ^ W�; 4"!"1s.'Nr'gia;�tk+pP4 "3'sRP Y `.a',�°":' ki_ ;.,+i w w , rafS+ #t ?tPgR+t.mN.•w;.6 3 rF 7.,,.ot4;"Y^.+#R'p`6'i Ml' W'1 %11" 3rF ll3 � I �d11. L +P rl+t r .1-11 .< arsr ..nsr.ax-At. 74 continuation of the use permitted may be conditioned upon compliance with regulations to be made and amended from time to time thereafter. 4. To hear and decide comprehensive permits for construction of low or moderate income housing by a public agency or limited dividend or nonprofit corporation, as set forth in G.L. c.40B, ss. 20-23. 9.3.3 Regulations. The Board of Appeals may adopt rules and regulations for the administration of its powers. 9.3.4 Fees. The Board of Appeals may adopt reasonable administrative fees and technical review fees for petitions for variances,administrative appeals,and applications for comprehensive permits. .9.3.5 .Lapse. Rights authorized by a variance that are not exercised within one(]),year of the date of the grant of such variance shall lapse. 9.4 SPECIAL PERMITS 9.4.1 Special Permit Granting Authority. Unless specifically designated otherwise,the Board of Appeals shall act as the Special Permit Granting Authority. 9.4.2 Criteria. Special permits shall be granted by the Special Permit Granting Authority, unless otherwise specified herein,only upon its written determination that the adverse effects of the proposed use will not outweigh its beneficial impacts to the City or the neighborhood, in view of the particular characteristics of the site,and of the proposal in relation to that site. In addition to any specific factors that may be set forth in this Ordinance,the determination shall include consideration of each of the following: 1. Community needs which are served by the proposal; 2. Traffic flow and safety, including parking and loading; 3. Adequacy of utilities and other public services; 4. Neighborhood character; 5. Impacts on the natural environment including view;and 6. Potential economic and fiscal impact, including impact on City services,tax base, and employment. _ .. .. .» w.._ . .< . .. -1. . 9.4.3 Procedures. An application for a special permit shall be filed in accordance with the _• _- ,-rules and regulations of the Special Permit Granting Authority. i� is g a 1 �rlN�k,. �1fl � _,I ! .e:N!t �ft3Y' I'y� , _.+'"Q' ht,Eq'�,'-.'-�=at4�sl�t�; I�' tit ,�+ 'crM;�E'�wcldYlmh�t#�.Gj?"I {P §s(�'!dE<,•i .jvw r�,s�' "4xwgrapt'W'dtY;A'sK' s�minuvxw, a; ' Y+ P -E MI� Y rr.- rw_1ui N., .a �C tie t%iwi 6 ; 75 9.4.4 Conditions. Special permits may be granted with such reasonable conditions, safeguards, or limitations on time or use, including performance guarantees, as the Special Permit Granting Authority may deem necessary to serve the purposes of this Ordinance. 9.4.5 Regulations. The special permit granting authority may adopt rules and regulations for the administration of this section. 9.4.6 Fees. The special permit granting authority may adopt reasonable administrative fees and technical review fees for applications for special permits. 9.4.7 Lapse. Special permits shall lapse if a substantial use thereof or construction thereunder has not begun, except for good cause, within 24 months following the filing of the special permit approval (plus such time required to pursue or await the determination of an appeal referred to in G.L. c. 40A, s. 17, from the grant thereof)with the City Clerk. . 9.5 SITE PLAN REVIEW 9.5.1 Purpose. This provision is intended to protect and promote the health, safety, convenience and general welfare of the inhabitants of the City,promote acceptable site planning practices and standards within the City of Salem and ensure compliance with the City of Salem master plan and good zoning practices. 9.5.2 Applicability. Site plan review shall be required for: 1. Nonresidential structure or premises exceeding ten thousand (10,000)gross square feet; or 2. Residential structure containing six(6)or more residential dwelling units. 9.5.3 Application. Any application for approval of a site plan review under this section shall be accompanied by fifteen(15)copies of a site plan,which shall be at a scale to be established by the Planning Board and, according to the size of the development, shall include fifteen (15) copies of all information required for a Definitive Plan under Section III B of the Subdivision Regulations of the Planning Board of the City of Salem,and such petition shall also be accompanied by fifteen(15)copies of an environmental impact statement as set out in Appendix A of the subdivision regulations of the Planning Board of the City of Salem, as requested. The plan shall contain the following information: 1. Location and dimensions of all buildings and other construction; 2. Location and dimensions of all parking areas, loading areas, walkways and driveways; F.:rµly, M' u.kr»a.pivMWm. 4,:S OA.. ::I.;*`IW.41'11 44+w w •^ �Ip'1Y��1s��9�s`�(y n� 4iAirt31 �, I H:q..} I! � ��� Y ,i g Y r .''iiN !h! f aN ? +hrt"`�.4i°tb 'Rfsr)kma+ ;. •, a. �*5 arY,E^ ,4$ ".•»x r � � r < ,`� i. xda z� C. , �F�l IYt J e r 1 k. ^I •YI. 4 r j l lkl - YFSC 3 'Sxy� �:�u'F4 80 SECTION 10.0 DEFINITIONS In this Ordinance, the following terms and constructions shall apply unless a contrary meaning is required by the context or is specifically prescribed in the text of the Ordinance. Words used in the present tense include the future. The singular includes the plural and the plural includes the singular. The word "shall" is mandatory and "may" is permissive or discretionary. The word "and" includes "or" unless the contrary is evident from the text. The word "includes" or "including" shall not limit a term to specified examples, but is intended to extend its meaning to all other instances, circumstances,or items of like character or kind. The word "lot" includes "plot"; the word "used" or"occupied" shall be considered as though followed by the words "or intended, arranged, or designed to be used or occupied". The words"building," "structure," "lot," or."parcel," shall be construed as being followed by the words"or any portion thereof." The word "person" includes a firm,association,organization, partnership, company,or corporation, as well as an individual. Terms and words not defined herein but defined in the Commonwealth of Massachusetts State Building Code shall have the meaning given therein unless a contrary intention is clearly evident in this Ordinance. Accessory building: A subordinate building located on the same lot as the main,or principal building or principal use;the use of which is customarily incidental to that of the principal building or use of the land. Accessory use: A use customarily incidental to that of the main or principal building or use of the land. Adult day care facility: A social day care or adult day health facility as those terms are defined by the Commonwealth's Department of Elder Affairs. Agricultural use,nonexempt: Agricultural use of property not exempted by G.L.c.40A, s. 3 and limited to the following:customary agricultural,horticultural and floricultural operations, provided that(1)all the buildings combines shall not occupy a greater percentage of the lot area than listed in the Table of Dimensional Requirements; and(2)there shall be no storage of manure or odor or dust producing substances;and (3)no building in which farm animals are kept shall be permitted within one hundred feet of any property line; and(4) no greenhouse heating plant hall be operated within fifty feet of any property line;and(6)no products shall be publicly displayed or offered for sale from the roadside. Alterations,structural: Any change or rearrangement in the supporting members of a building, such as bearing walls,columns,beams or girders. Amusement arcade: Any lot licensed to maintain three(3)or more commercial amusement 'devices that are regulated by Section 177A of Chapter 140 of the General Laws. Amusements, commercial: Any amusement device licensed under the provision of Massachdsetts Geneial Laws,Chapter 140, Section 177A. .Iiz l .. . :: .. . .: G ... . .:w. ...., .:a. i..... .. . r lit i:".t w}nVTw0i.kt#ana ingb �7 d�} cffi+N+nKY"'aRf"iY'h -7`.:`+xsxIs@Q�lw'i1A'Na�'trML Tna v:�tR9}'^` V1�+}i�rr}4 zrv-M. � rt ry can mlq Ftr "h a. v.wyi 4k.�ns 86 Lot line: A line dividing one lot from another,or from a street or any public place. Lot width: The minimum lot width required shall be measured at the rear of the required front yard depth and on a line parallel to the right-of-way line where a plan of the right-of-way is on file with the registry of deeds or, in the absence of such a plan, from a line twenty-five(25) feet from and parallel with the centerline of the traveled way. Manufacturing: A use engaged in the basic processing and manufacturing of materials, or the manufacture from previously prepared materials,of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but excluding the following: Acid manufacture; Cement, lime, gypsum or plaster of paris manufacture;Production of chlorine or similar noxious gases; Distillation of bones; Drop-forge industries manufacturing forging with power hammers; Manufacture or storage of explosives in bulk quantities; Fertilizer manufacture; Garbage, offal, or dead animal reduction or dumping;Glue manufacture;Hair manufacture; Petroleum refining;.Processing of sauerkraut, vinegar or yeast;Rendering or refining of fats or oils; Smelting of tin,copper,zinc or iron ore, including blast furnace or blooming mill; Stockyard or feeding pen; Slaughter of animals,not including the killing of fowl. Marina: A waterfront area having a dock or mooring facilities for boats for rental purposes; fuel and oil for boats only may be sold on the premises. Shore facilities similar to motels may occupy contiguous land areas. Medical center or clinic: A building designed and used for the diagnosis and treatment of human patients that does not include overnight care facilities. Mini-storage storage facility:A facility for the self-storage of personal or business related items or goods. Mobile home: A dwelling built upon a chassis,containing complete electrical,plumbing and sanitary facilities, and designed without necessity of a permanent foundation for year-round living, irrespective of whether actually attached to a foundation or otherwise permanently located. Monopole: A type of mount that's self-supporting with a single shaft of steel or concrete and a platform(or racks)for panel antennas arrayed at the top. Motor vehicle body repair: An establishment,garage or work area enclosed within a building where repairs are made or caused to be made to motor vehicle bodies, including fenders, bumpers and similar components of motor vehicle bodies,but does not include the storage vehicles for the cannibalization of parts. Motor vehicle general repairs. Premises for the servicing and repair of autos, but not to include fuel sales. 'e44 u x trot*11"f ftlmv�a'E;NP' .!, ..,+int, tWt9t4r +l�c� .y,�rM k- , wM +E ,raft s+,h 43R .3 3 tXN 1 14, e 1 ..- p � �y� '.� ill i� n �,� 1tl�t ! f 2�! �1r� �' e i1�3� 87 Motor vehicle light service: Premises for the supplying of fuel,oil, lubrication,washing, or minor repair services, but not to include body work, painting, or major repairs. Mount: The structure or surface upon which antennas are mounted, including the following four (4)types of mounts: roof-mounted, side mounted (side of a building), ground-mounted, structure mounted(structure other than a building). Municipal facilities: Facilities and buildings owned or operated by the City of Salem. Nonresidential structure. Such structures as buildings, garages, steeples, and water towers, but does not include houses or apartments. Nursing or convalescent home: As defined by Section 71 of Chapter 111 of the General Laws: A convalescent or nursing home is defined as any institution, however named,whether conducted for charity or profit,which is advertised,announced or maintained for the express.or implied purpose of caring for three(3) or more persons admitted thereto for purposes of nursing or convalescent care Open air motion picture theater:An open air(covered or uncovered with no sidewalls) parking area for vehicles where motion pictures are projected onto a large uncovered screen. The projection and sound equipment shall be housed in an enclosed structure. Parking garage: A structure which is accessory to a commercial or industrial establishment and is primarily for the parking and storage of vehicles operated by the customers,visitors and employees of such an establishment. Personal service establishment:A facility providing personal services such as hair salon, barber shop, tanning beds,dry cleaning, print shop, photography studio,and the like. Planning Board:The Planning Board of the City of Salem as established by Chapter 41, Section 70 of the General Laws. Planning Department:The planning department of the City of Salem. Preliminary application:An application which may be submitted by a developer prior to formal application for a development permit in order that a given parcel can be reviewed in relation to the standards of issuance for residential development contained herein. Radio frequency radiation (RFR):The emissions from personal wireless service facilities. Repairs: Work of a reconstruction or renewal nature on any existing part of a building or structure but excluding a structural alteration. Restaurant: A building, or.portion thereof,containing tables and/or booths for at least two- thirds(2/3)of its legal capacity,which is designed, intended and used for the indoor sales and , x ff m tY ,�>M-MY tY lfitf 3t11 IT,N4d.'.1�K kN!`th ,D f L. �� T . i,x 74Y71 ' y,�� II t1r 3t I 't Gtii Id hGWlrif.Gd V1N[b.rltlr.fbII2.ilLSU P.9ff`Iik YmAi:yAnFLL}.4ikV6.f4wJJ ikukRrb+vYw.9whnfl>L�idHxlflhw W[ bl. i da. d V+»Y.Wn%,N4P RStiYti PC,2141.,t ti�ix I]�h/A FttT.Yni�tl.Atf.^W !^k'N4rM n.xr .. .. 88 consumption of food prepared on the premises, except that food may be consumed outdoors in landscaped terraces, designed for dining purposes,which are adjuncts to the main indoor restaurant facility. The term "restaurant" shall not include "fast food establishments." Restaurant,fast-food: An establishment whose principal business is the sale of pre-prepared or rapidly prepared food directly to the customer in a ready to consume state for consumption either within the restaurant building or off premises and usually requires ordering food at a counter. Retail: A facility selling goods but not specifically listed in the Table of Use Regulations. Right-of-way line:A line separating a public street or way from a lot. Roof structure: A wireless communication structure mounted on a roof of a building or the top of a water tower. Rooming, boarding or lodging house: A dwelling or part thereof in which lodging is provided by the owner or operator to at least three, but not more than six,roomers or boarders. Security barrier.A locked, impenetrable wall,fence or berm that completely conceals an area from unauthorized entry or trespass. Separation:The distance between one (1)carrier's array of antennas and another carrier's array. Sign: Any device designed to inform or attract the attention of persons not on the premises on which such device is located, whether such device is a separate structure or object or attached to or painted on another structure or object. Sign area: The area of the smallest horizontally or vertically oriented rectangle which could enclose all the display area of the sign,together with any backing different in color or material from the finish material of the building face, without deduction for open space or other irregularities. Structural members not bearing advertising matters hall not be included unless internally or decoratively lighted. Only one side of flat, back-to-back signs need be included in calculating sign area. Special permit use.A use which would not be appropriate generally or without restriction throughout the district but which, if controlled in a neighborhood,would promote the public health, safety, convenience, morals and welfare of the City's inhabitants. Stacking lane: An area of stacking spaces and driving lanes provided for vehicles waiting for drive-through service. Stacking space: An area within a stacking lane for vehicles waiting to order and/or finish a drive-through transaction. Story:As defined in the State Building Code. `- .. [ ',Pb#fiig#gaNrr t2w, Ctc+a.. �r�7K.a+ �.nar> -Y�ri. (7�'�Ar' 'i911`!KdaY isyY�t�Ne'.�'f} r� xSup'w}! g'kro^ B+C IskM1�fiSfiIW-HY: nG. ,-�.""'45ay1...gskmj 4Qa,� � `a ... . .4 '• � - -i'- d ' _ " its r• a n t t svdi Jds.ExSau'2r f..,W..,_ay °e,� i a ` d`�c6 ..4iti-a V,.a u4,r'L'etlok _ 89 Story, half.•A story under a gable-,4mp or gambrel roof,the wall plates of which on at least two opposite exterior walls are not more than (24-two feet above the floor of such story. Street: A public or private way which affords the principal means of access to abutting properties. Structure: Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. Supermarket: An indoor retail operation selling primarily groceries, produce, meat and fish, baked goods,and other convenience and household goods exceeding 15,000 square feet of gross floor area. Swimming pool: An artificial pool,uncovered or enclosed, used for recreational swimming and not less than twenty-four(24) inches deep nor having a surface area of less than two hundred fifty (250) square feet. Temporary structure. A structure without any foundation or footings to be removed within a twelve-month time period. Said structure shall conform to the requirements of the Table of Dimensional Requirements and shall receive a permit from the Building Commissioner. Trailer: A vehicle used or designed to be used for living purposes. The terms "travel trailer," pickup coach," "pickup camper," "motorized camper," tent trailer," "mobile home," etc., or terms of similar import shall be interpreted as having the same meaning as the term "trailer." Transportation terminal: Terminal facilities for handling freight with or without maintenance facilities. Use: The specific purpose for which land,or a building and land, is designed,arranged intended, or for which it is or may be occupied or maintained. Variance: A relaxation of the terms of this Ordinance where such relaxation will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this Ordinance would result in unnecessary and undue hardship. Veterinary hospital(animal clinic):A building whose sole use will be the medical or surgical treatment of animals, reptiles or birds. Patients may be boarded on the premises not longer than twenty(20)days. The building shall not be used for breeding purposes or as a kennel. Warehouse, wholesale,or distribution facility: A building used primarily for the storage of.. goods and materials intended for distribution, but not for sale on the premises to the general public. . .. ,: ,.. ...e,yr� a b'apw« y:.ai:'WI•h".i`AR'1-Hsxw h1s.;!R�g1y+^'"R'Y ,...y. 1 _ a. T 9t�r me � 1�t�-t11R+ 4w Asan°M1d 4 1 t�N � I Bn P S •' Y El- •t *,Mt nik•-! 1 2 4.w -•cip41 g{W 'Vjli � 1 '?Iit9oft"{� k'" -. " �1+�'•,_ 'p}a�� : ti. iii .��, Wr _ 1 - '' a•a d j Mt{ rl I LS"L" ,KYrr� .•d �.�lu«liu�u�.el kll�{TL^�w�la ✓;.��l�kk dl .w�;lF: �0 lu7q� CITY OF SALEM, MASSACHUSETTS ZONING BOARD OF APPEALS RULES AND REGULATIONS February 2008 ARTICLE I. ORGANIZATION 1. Officers At the first regular meeting in May, the Board shall elect all officers of the Board to include a Chairman, Vice Chairman, and Secretary. Alternates do not participate in this act except where an alternate member has been designated to act as a member of the Board under Section 5 of this article. If a vacancy should occur during the term of an officer the Board shall, at the next meeting after the vacancy occurs, elect a replacement to serve until the next reorganizational meeting. 2. Chairperson: Powers and Duties The Chairperson shall vote and be recorded on all matters coming before the Board. Subject to these rules,he/she shall decide all points of order, unless over-ruled by a majority of the Board in session at the time. He/she shall appoint such committees as may be found necessary or desirable. In addition to powers granted by general laws and ordinances, and subject to these rules and further instructions of the Board, the Chairperson shall transact the official business of the Board, supervise the work of the Secretary, request necessary help, direct the work of all subordinates, and exercise general supervisory powers. He/she shall, at each meeting, report on all official transactions that have not otherwise come to the attention of the Board. 3. Vice Chairperson The Vice Chairperson shall act as a Chairperson in case the Chairperson is absent, disabled or otherwise unable to perform his duties. 4. Secretary The Secretary shall be a member of the Board,designated by the Board. The Secretary shall read the petition and all correspondence relative to the petition before the public portion of the hearing. 5. Alternate Members The Chairperson of the Board shall designate an alternate member to sit on the Board in case of the absence, inability to act or conflict of interest on the part of any Board member. In the event of a vacancy on the Board,the Chairperson may designate an alternate member to act as a member of the Board until someone is appointed to'fill the unexpired portion of the vacated term. Alternate members shall be called on a rotating basis to fill vacancies as they ., occur. . r gp µ y� , r p uk9lWt'd�'1�711's#S�i4.l�. rj!,a,,tk `,'f�•�ff,'7.,'tr11Y r#ah 1 4ExY t1 1 , :_ �'�' t=AHgnk.+�'N 4P> Y �tu-[Rhfb'(R331'j:'YErl${� fit 4�fI�,.�fM p k7f 7p.?��$E�q�l�r P a �•, t .;:.H r � { �'jwBFi EXHIBIT 2 " 6. Clerk of the Board Subject to the direction of the Board and its Chairperson, the Clerk shall be responsible for all of the clerical work of the Board including typing and filing of all written decisions and correspondence, letters, etc. Also, the postings of the Boards agenda in compliance with state and local laws and ordinances; sending of all notices required by law; receive and time stamp all applications; keep dockets and minutes of the Boards proceedings; compile all required records; maintain all necessary files and indexes and call the roll at all Board meetings. 7. Building Inspector The Salem Building Inspector, or his representative, shall be present at all meetings of the Board and shall make his recommendations regarding matters before the Board. 8. Conflicts of Interest In any situation where a Board member has worked on the preparation of plans or drawings or otherwise participated in a case submitted to the Board and in situations where a Board member has a direct and significant financial interest in the outcome of a case, that Board member shall notify the Chairperson of the conflict of interest situation, shall take a place with the public at the meeting and shall not participate in deliberations by the Board for this particular case. 9. Quorum Four members of the Board will constitute a quorum. 10. Regular Meetings Unless otherwise noted, regular meetings of the Board of Appeals shall be held on the third Wednesday of the month at 6:30 pm at 120 Washington Street. The Board of Appeals may post a yearly schedule in advance and amend this schedule as needed. 11. Special Meetings Special meetings may be called by the Chairperson, or at the request of three members. Written notice thereof shall be given to each member at least 72 hours before the time set, excluding holidays and weekends. Notices shall be posted publicly as required by law and meetings. 12. Minutes of the Meeting All minutes of the Boards meeting once they have been approved by the Board become public record. Any petitioner, abutter or other interested party may receive a written copy of the minutes once they become available. Additionally,copies of the meeting recording may be made available to petitioners, abutters, and others. Costs incurred for the reproduction of the minutes or recording shall be borne in its entirety by the requestor. Such costs shall be determined by the City department acting as the supplier. :,This section shall not however,prohibit a City official from receiving a copy of any written minutes so long as said request is tirade in conjunction with official City business.,.., r rs r p 14 a ctcsre; r ` r6t CITY Ok SAL $GARI)OF AQP AI S 14 t'(i. p '�`r`.g. a.+., s 3h v ixN _ t'C `ik-' A i. " w, > RULES AMID REG tIt A LIONS PAGE 2 b hp r a st r.. ?du 1)1t*:,fix Y � 1ft# , !' s t klij�v tF4F EE iN k' PmrTW5, N` "" mf�n�xAg nw.slw.uri:t.zrIE. WNiritr.r.....+..AM. ,w1:hs1>l.alla{-09cNG�R7�NeWf�:?.-.nkf #tx.. ar`x. : v. ,.., ., .. „ q,wnr,�...ue�ma�ur mrf rMi lfrvin&,4l�iuilsW.rulu:HRruuth _dz..:">�.n.l" w.. :�n.�.:IY:M' ARTICLE II. APPLICATIONS TO THE BOARD 1. Applications Every application for action by the Board shall be made on the office form. These forms shall be furnished by the Clerk of the Board upon request. Any communication purporting to be an application shalt be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed. 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 Art. V, § 5-3. 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. Ten (10) copies of the form and all application materials must be submitted. In addition, the applicant shall advise the Board of any requests for Variances or Special Permits made for the property in question,by any party, over the last five years. 2. Filing Period Every application shall be filed and every appeal taken and heard within the guidelines as provided for by State Law. .., i o .rWd YQilY1.YNJH!naiYCL':'MWina..NlrvYa^.Ynu.m+n: 3. Plans to Accompany Petition -All applications relative to construction or exterior alteration must include ten(10)copies of the exterior design plans, drawn to scale, with the scale ihaiEated.'P-x""tenor el'eva'tions must Y �% le t r r - •r - i ':•k+r ��6 ��»»MM1�F�* � ti�,V��Y}v rlA i ,� I I P 4 uF{9Fm�}gg Y-.r! n r.. a CITY Op SALEM BOARD OF A'PEALS' t " �i( an ° 4� k g1 ' AND R Gi if AG salt 4f�it 7>i+ fj�niY�tti� ?Rt 3' I ,�i r.�i t c.,`,7{ s RULES tJLATIO�JS A 3 rd 1 j 9l t 1• ,rpt.. Y p] {� -ii.YvyJ vTM'PFM4�( Sih rt'I Y;3Y'A�F !�Cf}�'t 3a'YiEPYJ'rv.H Ar ?iu #b'I°�i �,�l�� �',�jP y .!vY.e S$1Jt�l� glY��-VIIIA} fYrl3Fr'Se1iJ�Y.dy"�'R.N�i'�r,-n3�n#�€.:� ll r IM i i ' t ar I i t-✓ tls ._„} � � , ._.,i o•k .., t 541 i . � t��l v.l,rs..� u:r...a.wia:-Isr .a.r__.vr.. iwe...:c �. ,• .ti.v.:.n.. .s.a_,n:.._ me ...r _ amY.Iwarr:ww.m..L..ek.li'Y.».?nom afM n.Ax.e lkrl(....41we .... .. .. .,. indicate dimensions and include all sides affected by the proposal. Exposed foundations should also be depicted on elevations. A Certified Plot Plan is required for all new construction and any construction to existing structures where the proposed work would affect the structure's footprint. Mortgage Plans may be submitted in the place of Certified Plot Plans for existing one and two family structures when the exterior alterations are not two feet or less from the property line. A Certified Plot Plan must be stamped and dated by a registered engineer or land surveyor. The following items must be on the Certified Plot Plan: a) If petitioner seeks dimensional variances, plans must include a chart showing how the proposal falls short of the Ordinance's requirements. b) Plans must show all existing features of the property relevant to the proposed project, including without limitation, any easements, water, sewer and gas lines, underground electrical lines, paper streets, conservation areas,wetlands or waterways, hazardous waste disposal sites or historical sites. c) If off-street parking is required by the Ordinance, plans must show the layout and number of parking spaces set aside for the proposed use. Proposed parking layouts must include access ways and buffer zones. 4. Cost for Petition All applications shall be accompanied by the checks required in the Board's Fee Schedule. ARTICLE III. HEARINGS 1. Notice Notice of hearings shall be advertised as required by the provisions of the Massachusetts General Laws, Chapter 40A. 2. Hearing to be Public All hearings shall be open to the public. No person shall be excluded unless he is considered by the Chairperson to be a"Serious Hindrance"to the workings of the Board. 3. Representation and Absence An applicant may appear on his own behalf,or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of an applicant, the Board will decide on the matter using the information it has otherwise received. When an abutter,petitioner and/or representative,or any interested person addresses the Board at any time during a public hearing reading from a prepared statement, Said statement, shall be submitted to the Chairperson and placed in the file and become part of the permanent record. ' CrrY OF SALEM BOARD O 1 RUNES ANO R$GULATIONS-PAGE ���I�}�,rpc�.- 4nrrokw° 195i+,�rsrx'�4?`�`v�M3fe*cKamy*�y1Wm#wit.`;f, "N', .�":gpeo-anwr �^tns�+,.w°n .n sY�N'xwanv nwi tr��W.�'i�`��`fi�'M"t?trrlr7i�arcy'��4��n� ;Mbt; 4. Order of Business a. Roll Call b. Review of cases to be heard c. Hearing of cases as follows: 1. Reading of the petition and legal notice by the secretary, together with presentation of exhibits; if any. 2. Applicant's presentation I Opponent's presentation, if any, and questions by those seeking information 4. Applicant's rebuttal, restricted to matters raised by opponent's presentation. 5. Each hearing shall be allotted such time as the Chairperson deems to be necessary to allow for a full debate. In situations where the Chairperson deems it to be appropriate, the public hearing shall be limited to 20 minutes. 6. Members of the Board who are hearing the case may direct appropriate questions to all parties during the hearing. ARTICLE IV. DISPOSITION BY THE BOARD 1. Voting Requirement The concurring vote of at least four(4)members of the Zoning Board of Appeals shall be necessary in any action taken by the Board. The record shall show the vote of each member upon each question or, if absent or failing to vote, indicate such fact. It shall, in addition,set forth clearly the reason or reasons for its decisions. The order in which the roll call is taken for voting shall be systematically alternated so as not to have the same voting order of members on each petition. 2. Withdrawal An application may be withdrawn by notice in writing to the Secretary at any time prior to the publication of a notice of public hearing thereon. Thereafter a petition may be withdrawn only with the approval of the Board. In the event that any petitioner chooses to withdraw a petition after it has been advertised, for any reason,he shall be required to pay all expenses relating to re-publishing of notices. 3. Reconsideration Once a petition has been voted upon and the meeting adjourned; there shall be no reconsideration of a decision of the Board. 4. Continuance The Board may choose to continue a case to a date and time certain provided that the date and time-of continuance is announced at each public hearing and the statutory time limits are followed. s ., ert...' .WJva�RA.r'w•}- ,. �. n . a - . -. roi .Hn. +.w. . YO S E BO OF PEALS; 1A" ,a v�u�uPfi is iar J ,Ae do >ifim"airs NA i I l � + � [JLES ld AiVb III,ATIONS-PAGE 5-'7 � � ' t r t •> ?^+ ` .�:. F �4q -r v nls sr i>6.;n'�S r•uN.➢3}+tiNRl` i -s ", g_{J k9" Yim"`1M�dA•^rP. , 4 - 'nai2 r1 u.;.:tf4 'AF{`"ftkS *I .. .. . n of fn,% gra d J ((Z � t nu+�u�...8 RdK$ hk`]�i ,� �.Y 4 ..u.lex•.i:xi:i.. � . k:�si,ti+a,i„e.rs,«et Aiuww,.,.xpxiw, v..�:.im.xiz.,xsd•dnG n++du113«�,k.4tl18 hd ik' •f#w.<; i.,...,. . . ti..a.,�iir-n[tw.u..rxxnu�uc zv.r.e,a-�. d 5. Reapplication No appeal, application or petition which was denied by the Board shall be acted favorably upon within two (2) years after the date of final unfavorable action unless the Board finds by a vote of four(4) members that there are specific and material changes in the conditions upon which the unfavorable action was based and unless all but one of the members for the Planning Board consents thereto and after notice is given to parties of interest of the time and place of the proceeding which the question of such consent will be considered. (See Mass. General Laws, Chapter 40A, Section 16). { trtaYlVP I", CITY OF SALEM BOARD OP APPEALS t ' F 4 •a r�afa { : ' RULES AND R$GULAT[ONS-PAG$6 y a a. x, " 4»64'+;., t �y4 +u Tt r'S �r u e x� ,w.r: na-a-a�s-r _ r xt?-raSd.�runtu�irorar.F`:tu¢rs��+3.nncrs�5*iin�,..auk.-artc,,..ve,..aa,:.vw,bun-.rr+.ai...aMi'":rc,.'�dw.wi,r=rir,u.«.i`w iuH-...JB� -,�`.W,r«�»9&Iusku a=aek�ami.3 �4L»*iiL 1.I E�u t.Nt...iwf.t rrm, .v.v General Laws: CHAPTER 140, Section 57 Page 1 of 1 -= Print PART I ADMINISTRATION OF THE GOVERNMENT^ (Chapters 1 through 182) TITLE XX PUBLIC SAFETY AND GOOD ORDER CHAPTER 140 LICENSES Section 57 Sale of second hand vehicles; necessity of license; exceptions; auctions reports Section 57. No person, except one whose principal business is the manufacture and sale of new motor vehicles but who incidentally acquires and sells second hand vehicles, or a person whose principal business is financing the purchase of or insuring motor vehicles but who incidentally acquires and sells second hand vehicles, shall engage in the business of buying, selling, exchanging or assembling second hand motor vehicles or parts thereof or allow any property under his control to be used as a place of sale or display of motor vehicles without securing a license as providing in section fifty-nine. This section shall apply to any person engaged in the business of conducting auctions for the sale of motor vehicles, and to any person engaged in the business of leasing or renting motor vehicles and who, as an incident to such business, sells or offers to sell any such lease or rental vehicle to the public. All sales of second-hand motor vehicles or parts thereof made by any person referred to in this section shall be reported weekly to the registrar of motor vehicles on such forms as may be prescribed by him. ro EXHIBIT3 i ^:40 iflw0+'' Glivt+.°`fF `E,:.rw tti4t3rr< ,a+wa:iI!'t"�dS 4tt!+' t° ` r'fi'ilF` .a; .� -..+,W�><tH•,e>tiukm }Wnyl?lAn.� NH451tspxi .fyP�`h' ,e:,.� 'arar^csr�sM.iq�Y http //www.inalegislatur6.gov/Laws/GeneialLdws/PartUTitleXX/Ch4pterl4 12/5/2012 I. � as ..5.d.us 9M$i✓r16n r.., .i msre6Vx�cib dpi =Ik ,ed z.r�'I r t -Lh v : .h : .riu t _ irl,�.-bI1NINHHNtitplfil ��b-i �1kki1 v z ucS«. _...� .t.,.> — ii.jai.u.wrs•Nx.rFwu,Kx.n....}..as.nx.wr.lrwta€r.e.i.aww.iw.eu..,e., t. ueuays—n-,:.._ .._a, 4.`%i General Laws: CHAPTER 140, Section 58 Pagel of 3 '= Print PART I ADMINISTRATION OF THE GOVERNMENT (Chapters 1 through 182) TITLE XX PUBLIC SAFETY AND GOOD ORDER CHAPTER 140 LICENSES Section 58 Classes Section 58. (a) Licenses granted under sections 59 and 59A shall be classified in accordance with subsections (b) to (d), inclusive. (b) Class 1. Any person who is a recognized agent of a motor vehicle manufacturer or a seller of motor vehicles made by such manufacturer whose authority to sell the same is created by a written contract with such manufacturer or with some person authorized in writing by such manufacturer to enter into such contract, and whose principal business is the sale of new motor vehicles, the purchase and sale of second hand motor vehicles being incidental or secondary thereto, may be granted an agent's or a seller's license; provided, that with respect to second hand motor vehicles purchased for the purpose of sale or exchange and not taken in trade for new motor vehicles, such dealer shall be subject to all provisions of this chapter applicable to holders of licenses of Class 2, except subsection (c), and to rules and regulations made under those provisions; and provided further, that such dealer maintains or demonstrates access to repair facilities sufficient to enable him to satisfy the warranty repair obligations imposed by section 7N1/4 of chapter 90, and shall remain liable for all warranty repairs made and other obligations imposed by said section 7N1/4 of said chapter 90. (c) Class 2. A person whose principal business is the buying or selling of second hand motor vehicles, a person who purchases and displays second hand motor vehicles for resale in retail transactions, and any other person who displays second hand motor vehicles not owned by him pursuant to an agreement in which he receives compensation, whether solely for displaying the vehicles, upon the sale of each vehicle, or otherwise, may be granted a used car dealer's license and shall be subject to the following conditions: (1) The person shall obtain a bond, or equivalent proof of financial responsibility as described in paragraph (5), and continue in effect a surety bond or other equivalent proof of financial responsibility satisfactory to the municipal licensing authority in the amount of$25,000 executed by a surety company authorized by the insurance department to transact business in the commonwealth. The bond or its equivalent shall be for the benefit of a person who purchases a vehicle from a Class 2 licensee, and who suffers loss on account of:- _. (i) the dealer's default*or nonpayment of valid bank drafts, including checks drawn by the'dealer for the purchase of motor vehicles; (ii) the dealer's failure to deliver; in conjuhctioii with tHi? sale of a Motor irehible; a valid Motor 'vehicle title d ,_�; ! ,' C31s . ' ftaD51E:{r '±,+4, ^,,trr u r { .�' certificate free and clear of any bnor owner s m etes s and a�� �iei�s exce��a �le�r creaied by or exbiessly "assumed in whting by>the buyer;of the"venicle, ,�,,1 �r� .1 , hit p //www malegislature gov/Laws/Generali aws/PartUTitleXX/Chapterl4 4.12/5/2012 ,��h General Laws: CHAPTER 140, Section 58 Page 2 of 3 (iii) the fact that the motor vehicle purchased from the dealer was a stolen vehicle; (iv) the dealer's failure to disclose the vehicle's actual mileage at the time of sale; (v) the dealer's unfair and deceptive acts or practices, misrepresentations, failure to disclose material facts or failure to honor a warranty claim or arbitration order in a retail transaction; or (vi) the dealer's failure to pay off a lien on a vehicle traded in as part of a transaction to purchase a vehicle when the dealer had assumed the obligation to pay off the lien. (2) Recovery against the bond or its equivalent may be made by any person who obtains a final judgment in a court of competent jurisdiction against the dealer for an act or omission on which the bond is conditioned if the act or omission occurred during the term of the bond. Every bond shall also provide that no suit may be maintained to enforce any liability on the bond unless brought within 1 year after the event giving rise to the cause of action. (3) The bond or its equivalent shall cover only those acts and omissions described in clauses (i) to (vi), inclusive, of paragraph (1). The surety on a bond shall not be liable for total claims in excess of the bond amount, regardless of the number of claims made against the bond or the number of years the bond remained in force. (4) A separate bond shall be required for each different name under which the dealer conducts his business and for each city or town in which the dealer has a place of business. (5) In lieu of the bond required by this section, the municipal licensing authority may allow the dealer to deposit collateral in the form of a certificate of deposit or irrevocable letter of credit, as authorized by the banking laws of the commonwealth, which has a face value equal to the amount of the bond otherwise required. The collateral may be deposited with or executed through any authorized state depository designated by the commissioner. Interest on the certificate of deposit shall be payable to the dealer who has deposited it as collateral, or to a person as the dealer or the certificate may direct. (6) A surety shall provide to the municipal licensing authority notice of cancellation of the bond within 30 days of the cancellation. (7) Upon receipt of notification from a surety that a bond has been cancelled, the municipal licensing authority shall notify the licensee that he has 10 days to comply with the bonding requirement. If the licensee does not comply within the 10 day period, the municipal licensing authority shall revoke the Class 2 license and shall notify the registrar who shall suspend or revoke any dealer plate issued to the licensee pursuant to section 5 of chapter 90. (8)A municipal licensing authority shall 'not issue or renew a Class 2 license unless it is satisfied that' a�� , qr. r Yk 1'k rs x t,,; ! t ! : hr ! { 11 t ,li jif 'ht a �z 'iiH7}tK�N':', , fond of eddlvalenf btdof of finah la) fest ohsibi�ity meeting �he requiremenfs of this s�c�iofi is h @ e dlinrig the tefinunder which fhe Iicerise shall be issued or renewednd athat the Iice�rsee tnaihams or ¢)$�1a� ,L`rf#'° '�x3 gyp. a.�^�. rC4iuNltNnww,M4.#Gnv.9 a�MX;'fnrs,ba�3bpfb'Mgfs�f�#It}t� ' r-�:1 lo ,,http //wwwmalegislature goy/Laws/GeneralLaws/PartUTitleXX/Chapterl4 X12/5/2012 h ,,. ro..4....A4.e. ..ee N.J 5w t ! t ,.: e i' C 1 •S�llL r 1,$tr, »u.m..uwwrs..,r rary.;Lu.,.e,.u.•e.-..'i-arsnlerz.'.aa:;rune d uWiveu..-� naa.rw..w.a�kru ..i_t,nr«1,1�'�.3ili6F r.a , _ . ., . .. ....a..u...-.. n.u...r.. serw v General Laws: CHAPTER 140, Section 58 Page 3 of 3 demonstrates access to repair facilities sufficient to enable him to satisfy the warranty repair obligations imposed by section 7N1/4 of chapter 90. A used car dealer shall remain liable for all warranty repairs made and other obligations imposed by said section 7N1/4 of said chapter 90. (d) Class 3. A person whose principal business is the buying of second hand motor vehicles for the purpose of remodeling, taking apart or rebuilding and selling the same, or the buying or selling of parts of second hand motor vehicles or tires, or the assembling of second hand motor vehicle parts may be granted a motor vehicle junk license. (e) The registrar of motor vehicles, after consulting the office of consumer affairs and business regulation, shall adopt rules and regulations defining sufficient repair facilities for the purposes of subsection (b) and paragraph (8) of subsection (c). . .. ....-In w+ ......,.. ..... ...,. .. ..fit iATnn•5r m'... . :. -_ y#' ,r - - �i �rM r�'4'"!r Mi, a�l wx �✓ s�t� t Y rG 1 ! tzl- � i +i s i tri �. � �. s `xr,�p r n '(+' rr �1; ' pt)6 aAtY"i4 t:Y1Sk@114 dvF�'�d'a i ! ,r ylil.�;'��.�;—'� r, '1 tl �r fi 1 - 9 �11„1e"M'^'1'-4V4+.�}i7 Ci�1�JU��a �k� E 1 . ++ 'i�q. i i ti 11 �-, t �-- Ig A�' u_. ou•af ; u . n ..dmir.w I urR�.,yc':e.Nt aws X , 11 ai p�.i °L 14.�http //www malegislattire gov/Laws/Gener 4tr.. kr, � kti '. y. _ , General Laws: CHAPTER 140, Section 59 Page 1 of 1 Print PART I ADMINISTRATION OF THE GOVERNMENT —� (Chapters 1 through 182) TITLE XX PUBLIC SAFETY AND GOOD ORDER CHAPTER 140 LICENSES Section 59 Licensing authorities; expiration; fees; application; prerequisites; premises; ordinance regulations; revocation; notice i Section 59. The police commissioner in Boston and the licensing authorities in other cities and towns may grant licenses under this section which shall expire on January first following the date of issue unless sooner revoked. The fees for the licenses shall be fixed by the licensing board or officer, but in no event shall any such fee be greater than $200. Application for license shall be made in such form as shall be approved by the registrar of motor vehicles, in sections fifty-nine to sixty-six, inclusive, called the registrar, and if the applicant has not held a license in the year prior to such application, such application shall be made in duplicate, which duplicate shall be filed with the registrar. No such license shall be granted unless the licensing board or officer is satisfied from an investigation of the facts stated in the application and any other information which they may require of the applicant, that he is a proper person to engage in the business specified in section fifty-eight in the classifications for which he has applied, that said business is or will be his principal business, and that he has available a place of business suitable for the purpose. The license shall specify all the premises to be occupied by the licensee for the purpose of carrying on the licensed business. Permits for a change of situation of the licensed premises or for additions thereto may be granted at any time by the licensing board or officer in writing, a copy of which shall be attached to the license. Cities and towns by ordinance or by-law may regulate the situation of the premises of licensees within class 3 as defined in section fifty-eight, and all licenses and permits issued hereunder to persons within said class 3 shall be subject to the provisions of ordinances and by-laws which are hereby authorized to be made. No original license or permit shall be issued hereunder to a person within said class 3 until after a hearing, of which seven days' notice shall have been given to the owners of the property abutting on the premises where such license or permit is proposed to be exercised. Except in the city of Boston, the licensing board or officer may, in its discretion, waive the annual hearing for renewal of a class 3 license. All licenses granted under this section shall be revoked by the licensing board or officer if it appears, after hearing, that the licensee is not complying with sections fifty-seven to sixty-nine, inclusive, or the rules and regulations made thereunder; and no new license shall be granted to such person thereafter, nor to any person for use on the same premises, without the approval of the registrar. The hearing may be dispensed with if the registrar notifies the licensing board or officer that a licensee is not so complying. In each case where such license is revoked, the licensing board or officer shall forthwith notify the registrar of- - such revocation. Any person aggrieved by any action of the licensing board or officer refusing to grant, or revoking a license for any cause may, within ten days after such action, appeal therefrom to any justice of ,» r the superior court in the county in which the premises sought to be occupied under the license or permit ' 1It1P I {�•ilk"-'ir3 y applied for are located. The justice shall, after such notice to the parties as he deems reasonable,give a 11 r. 1 i+ n , 1 b{t irk o evir zEkg 1 ink R "' +r i n sutn_hiaty hearing on such appeal, avid 'shall have lunsd�c♦loh ih eallity to tevte' r all"" of tact or law a Ott and may aftir' t,e y m or reverse the teclsioh of the board of officer ahc� ay {r ai 5e any appro a e dectee The l ttie?;iShall ave alb hghts of appeal as in,othercasest : �j u&1�� t tit r ihttp //www malegislature gov/Laws/GeneralLawslPar�I/T�t1eXX/Ch4ptt � eJr r `l$4 . 12/5/2012 u„ rtaS` �o.ev„ y” m,aQ afWLW�.•.nra ..u..�u�..u:a...�.�..wa t....e. i D11.11-111.1-. .. a .w..ur. � mid5.:ws,.u�v,.. .�mH.«ii«,wk�i�ilnia :'ll i CITY OF SALEM,MASSACHUSETTS LICENSING BOARD a 93 WASHINGTON STREET 2nd FLOOR �o SALEM,MA 01970 ROBERT M.ST.PIERRE,CHAIRMAN TEL.978-745-9595 EXT.5631 JOHN FL CASEY FAX 978-744-1279 RICHARD C.LEE KIMBERLEY DRISCOLL MAYOR MELISSA PAGLIARO, CLERK OF THE BOARD Meeting: Salem Licensing Board was held Monday,June 11,2012 at 6:00 pm in the third floor conference room, 120 Washington Street.Present were members Robert St. Pierre, Chairman and John Casey, Rick Lee,Investigator for the Board,Peter Baglioni and Melissa Pagliaro, Clerk. City Solicitor Elizabeth Rennard was also present. (Recorder was not working at this meeting) Approved: Vote to approve the voluntary surrender of the Annual Wine&Malt Liquor License for Upper Crust Pizza, 118Washington Street, through their attorney Chad Colarusso. Mr. Casey motioned to approve the surrender of the License. Mr.Lee seconded. Mr. St.Pierre said all are in favor and the motion carries. Approved: Application for One Day Liquor and Entertainment License.Applicant:Diane Manahan for Salem Boys and Girls Club for fundraising event. Ms. Manahan said that the Clubs music program is running out of money. She said the plan is to have an event on the roof of the S.Harbor garage. Some acts will perform hoola hooping,martial arts, etc. and the tickets will be sold for$20.00. Mr. Casey said he has an issue with that might create in the evening hours. Ms.Manahan said that the music will be ambient. Mr.Casey asked if they could end by lOpm and how that would impact the event. Ms. Stathopolous from Crown Haven said that the neighborhood is noisy every Saturday night anyway and that there are really no neighbors at that section of Derby Street. Mr.Casey suggested that Ms.Manahan talk to the building and Fire departments and some of the neighbors and come back to the LB on the 9d`of July. Mr. St. Pierre said he thinks the LB could approve it contingent upon her meeting with those departments and ending the event at l Opm. Ms.Manahan said the other involved in planning the event should be ok with that. Mr. Lee asked how many people they thought would attend Ms.Manahan said she was not sure and said asked about specific insurance because it is on the' rooftop. Ms.Rennard said that would be correct. Mr. Casey motioned to approve contingent upon the above conditions and Ms.Manahan providing Ms.Pagliam with something in writing about those meetings. Mr.Lee seconded -Mr. St.Pierre said all are in favor and the motion carries. Approved: Application for(2)Two One Day Entertainment License. Applicant: St.Vasilios Church.Present: Pam Kaseris. r r, Ms.Kaseris said that this is for the 2°d Annual Greek Family Picnic at Winter Island She said they are all set with the police detail and they will be`serving beef•&wine 1 f 4 ! I 1 VlwEXHIBIT "�HY .S niPi.,u¢Y kb�_eV1''i:,: CITY OF SALEM,MASSACHUSETIS LICENSING BOARD 93 WASHINGTON STREET 2nd FLOOR IFa SALEM,MA 01970 ROBERT M.Sr.PIERRE,CHAIRMAN TEL.978-745-9595 EXT.5631 JOHN H.CASEY FAX 978-744-1279 RICHARD C.LEE R IMBERLEY DRISCOLL MAYOR MEUSSA PAGUARO, CLERKOF THE BOARD Mr. Casey said he can certainly understand the neighbors' concerns. He said maybe the Board can help some concerns with and earlier closing time. Mr. Mattera asked if the Board was asking him to redesign the restaurant. Mr.Lee said that was an opinion. Mr. St.Pierre said there is no further discussion on this matter this evening and that Mr. Mattera can come back to the next meeting scheduled in July. Approved: Application for a Common Victuallers License. Applicant:Ken Santiano and Richard Savrann, owners. Mr. Savrann said that the menu is staying the same and there may be some small changes as they go along. Mr. Caseysaid it looks like all of the paperwork is in order and asked them to talk about the hours and days. Mr. Savrann said that the current hours are l lam-10pm but they would like to do 6am-10pm 7 days a week. Mr. Casey motioned to approve with the new hours. Mr.Lee seconded Mr. St.Pierre said all are in favor and the motion carries. Approved: Application for a Class U Auto Dealers License.Applicant: Salter Motor Sports,7 Florence Street. Present: Robert Salter,owner and Attorney Joe Correnti. Mr. Casey asked Mr.Salter to tell the Board about the business. Mr. Salter said that the business is now repair and storage. Mr. Casey said that he is allowed to sell up to 4 vehicles a year without a license. Mr. Salter said he needs the license so he can get dealers plates so people can take the cars out on test drives. Mr. Casey asked where he will be storing the cars. Mr. Salter said that he can fit up to 6 cars in the building. Mr. Casey asked if there was a certified engineering plan. Mr. Correnti said there is a plot plan. . Mr. St.Pierre asked if there was a big lot. Mr.Casey pointed out that under MGL Chapter 140,a Class E license must be issued for the primary business of selling used vehicles not a repair shop selling them. Mr. Correnti said the idea of this is that he is selling classic autos.He said he acquires them from around the.country and restores them and sells them.He said he needs the dealer's plates to take the cars out on the road.He said that there will no cars left outside and this is his principle business. Mr.St.Pierre asked what types of vehicles Mr. Salter said they are high end classic vehicles that range from 35,000 to 55,000 dollars. Mr.Correnti said that it is a houhque business. 4, 9.7% 4`F NiP "t^M1 ,'fYa e{'.k7nRhB.mi°�'n x+wmisryr�4t,4',!'�NE4�sb'p4iavk'rtn an+y 1R�Jft!N,:M�W N�MN.T*k4W _ y���i. , 1�I4"'k3'"�f'� •' ,i M'2�,T'.�, j CITY OF SALEM,MASSACHUSETTS LICENSING BOARD 93.WASHINGTON STREET 2nd FLOOR SALEM,MA 01970 ROBERT M.ST.PIERRE,CHAIRMAN TEL.978-745-9595 EXT.5631 JOHN H.CASEY FAX 978-744-1279 RICHARD C.LEE KIMBERLEY DRISCOLL MAYOR MELISSA PAGLIARO, CLERK OF THE BOARD Mr. Slater said without the plated there is no safe ort legal way for the customers to drive the vehicles. Mr. St. Pierre said he believes that some neighbors would like to speak. Mr. Patrick Higgins said that his mother is an abutter who lives on Cedar Street. He said that a couple of years ago the owners of the property were allowed to build a commercial use building. He said that the use of the building was stipulated in the variance and that in the R2 Auto dealers are not allowed. He said the neighbors will try to work with them but that this was done in bad taste. He said as it is now the previous stipulations were not met. Mr. Correnti said he is aware of the issues.Ide said that they had a meeting with the Building Inspector and that they would be happy to meet with the neighbors.He said it is true that two owners ago never finished the conditions imposed.He said he has spoken with zoning twice on these issues. Mr.Higgins said the bottom line is that an Auto Dealer is not allowed in that zone. Mr. Correnti said that he has a letter from the zoning officer.He said he does not feel that it is appropriate for the Licensing Board not to issue. Ms. Rennard said that the license can be entertained and conditions can be placed,based upon the the zoning enforcement officers letter. Mrs. Higgins said some of her concerns were about the delivery of the vehicles,noise,fumes and hours and days. Mr.Higgins said the current hours of operation sign says 8am-5pm. Mr..Salter said that he will be doing a lot of the business on line.He said the repair will remain 9-5 Monday thru Friday and that people will be calling to make appointments to come see and drive the cars. Mr.Higgins said that no one spoke to any of the abutters about this. He also talked about grinding metal which goes airborne. Mr. Correnti said there will not be any paint booths. Mr. Casey said he was by there on Saturday and that Unit#4 had a strong odor coming from whatever they were doing. Mr. St.Pierre said that he thinks the Board should follow the advice of the city Solicitor. Mr.Lee said that he motioned to approve the application contingent upon a letter from the zoning officer. Mr. Casey said he second s the motion and that the license will be limited to 6 cars. Mr. St.Pierre said all are in favor and the motion carries. Discussion: Street performers Rules&Regulations.Ms.Rennard said that she is working on combing the applications with the regulations. She asked to continue the discussion to the next meeting. Commun- ications: *Email from Councilor Sosnowski regarding 10 Howard Street Mr. St Pierre said that it would be looked into when Detective Bagiioni gets hack frdiri vacafioh:'" 1,*Email regarding loud music at the howling Wolf Taqueria w i t t t � i i I 9 A Nn3 xswn� py � �Oil'� i k 5F'.",dif "ted ^`Mb�.iv�, -x i� »Miyt�ylH',(PrHAA+, b'"n'✓R4�r �xn Exp CYT �174R 71k t i cxt F ! i�;int ��.a...�'..'�ri�-�'�In,.s 45 x�u 1 � x -• -;S'� k�S.v�� � �� [o�'� i I i iy t + vl�t :F ,. _ _ �ti„��G��r,�w ...0 �,+xi.� -.�... .�.w...,a�, � w,w✓ �. ,�.. �..,.�w..,,L.�. w;��..,,,.. aweA e�nlS,n�uRu�AaJ1€ CITY OF SALEM,MASSACHUSETTS LICENSING BOARD 93 WASHINGTON STREET 2nd FLOOR �a SALEM,MA 01970 ROBERT M.ST.PIERRE,CHAIRMAN . TEL. 978-745-9595 EXT.5631 JOHN H.CASEY FAX 978-744-1279 RICHARD C.LEE KIMBERLEY DRISCOLL MAYOR MELISSA PAGLIARO, CLERK OF THE BOARD *Autos being sold a 1171 Boston Street. Mr. St.Pierre said that Detective Baglioni would check on this as well. Old/New: Business: NONE Approved: Minutes from 5/14/2012 meeting. Mr. Lee motioned to approve. Mr. Casey seconded. Mr. St.Pierre said all are in favor and the motion carried. Adjourn- ment: Mr. Lee motioned to adjourn. Mr. Casey seconded. Respectfully Submitted, Melissa Pagliaro Clerk of the Board Submitted: June 14, 2012 Approved: 1#{,1uit ��yy �a 4«a Yby caa+sa� -' 3 + C �it� -: t ✓ :: ...t - .. ,« ��, r, ! tJ e ." • - wk 1r L, �!f544A`': a - t t$k s}rt'vly it d4; 'tt' �!�t '�" Niggy^-�t"ha 3tft 4; turoZ u+vuLP9m. +;' N'k�"4�'mt!t•[�"r.e�i d+Msw?lKuwa� Ey�a�y7,-+}i^' f�a a �1 4t I r" qPy 1 tyl�yxl L• �n A ,y t + 1 r[ ( p i rye 0'_ P } 9 Y I " I�� } � t+"P'�[Y .§ ' n ..t :SftM�G?.rev,wClz� rtt�,!,!I�.ui<t..�t1Y��"LPRI f� 4 1n �4.tIP4t h ':� i`t.v. ItY t N �..• dLarrlN4rh'Lf,udlFktka(vl.nnnYnNAf 3dtM...-0I}I Q+�t!.YNrk°llH ♦{Pifl gib' v� + . - n .n. rN1.YRAIRnIi}'Mi«YP13.4..311.ILrifuv.JAedPItT.HAi�.Mfk.dil-sl.i 1.NCY rtT w.,F.. I..r_ik:'. 08/08/2012 13:40 9787418509 THE UPS STORE PAGE 02/06 OONOA7R THE COMMONWEALTH OF MASSACHUSETTS NUMBER 26.12 gC gym, FEE $100 CITY OF SALEM 01 Y£r2 'r- tg USED CAR DEALER'S LICENSE—CLASS 11 �'RrMJN6 pt�� TO CRUX AND V,,LL SECOND-6AND MOTOR PEDICLES In accordance with the provisions of Chapter 140 of the General Laws with amendments Thereto- SALTER MOTOR SPORT'S,LLC Is acrc6y licensed to buy and sell second-hand motor Vchicles at No. 7 FLORENCE STREET SALEM, MA 01970 On promises described as follows:-3,600 SQ FT BJ DG WITH 3,000 SQ FT DEDICATED TOPREPARING .AND SHOWTNG CLASSIC CARS. 15'XI5'MEZZANM OFFICE LOCATED WITHIN THE BUILDING. THE.RF WTLL BE NO OVERNIGHT OUTDOOR STORAGE OF VEHICLES. 93W 6 VFEUCLES INSIDE-ROBERT F. SALTER LI ISSI L,D JUNE 1.1 2012 THIS LICENSE MUST BE POSTED IN A CONSPICUOUS PLACE UPON TBE PREMISES. T.HIS LICENSE EXPIRES DECEMBER 31,2012 i55 "� 77 s h.. �.,,5,.. R• r"�7r5a�i¢ Fer �u5,�i oardltWfittr}�%F a i�itilt ,.i�.; i.7[ i r �. � � r t EXHIBIT 5 e..rlwi.uein..u..��5r4n ei.�au,.v m.efw�oud.4u..uwe�...., eia .... �,.ua,p,.t:.�e.wuwe}��v.ru.4.�4ke}�t�mw�{irk25f�a�4��n�f�eJgFkl �hl��`t�tkd,i.lalflrlr r.�.b.a��l rj tau ..<�. Rtwrv�� e.d�•�i�. (Utp of 6alem, Iftam5arbugettl CITY OF,S MA • CLERIf'S OFFICE �OarD of �Ipeaf 2001112IN84 B°INIeIIIMII PgA4 00 OTHER Py Ire . 1218/2001 13:39 - \ III h DECISION OF THE PETITION OF C & G REALTY LLC/CHERRY ST. REALTY ASSOCIATES REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 8 & 10 CHERRY STREET AND 12- 14 CHERRY STREET R2 A hearing on this petition was held April 25, 2001 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne, Stephen Buczko, Stephen Harris and James Hacker. 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 taws Chapter 40A. The petitioner is requesting Variances from density and building per lot to subdivide land and a Variance to allow commercial use for the property located at 8-10 Cherry Street and 12-14 Cherry Street. The Variances,which have been requested, may be granted upon a finding by this Board that: a. Special conditions and circumstances exist which especially affect the land, building 14, or structure involved and which are not generally affecting other lands, buildings and structure involve. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioners. 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 of 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: l 1. Petitioner owns adjacent properties on Cherry Street. In his petition petitioner seeks to subdivide these properties to create a new Ivt and to construct a ne;:•building on the rear portion of the property, with frontage on Florence St. 2. Existing residential properties on the Cherry St.lots would not be altered. However, the creation of the new lot increases certain nonconforming features of the existing properties. With respect to the 12.14 Cherry St. property, petitioner seeks these variances:total areal 2,347 sf, lot area per unit 1543 sf, frontage 66.37 It,front setback 6.69 ft., side setback 4.67 and rear yard setback 17.91 ft, height of building 3 DECISION OF THE PETITION OF C&G REALTY LLC/CHERRY ST. REALTY ASSOC. REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 8-10 CHERRY - STREET AND 12-14 CHERRY STREET R-2. RONAN SEGAL&HARRINMN SAI.W,�IIlAQ�91t} •` , i. :i r.,s.i,�'r"r„ '. tF. EXHIBIT 6 ,r_a_ _ r -. ti - t t « 1 Air 1 n at ia 6 1 i i 1 L b Lim ^x31 it �Ye hiixa a..0 udtA�.w.. .. ,., ..x..4.ivaw,msek-w�uairexname ac6+w;aM1lsueP ,Iwr:aaaYwnrsen.wrsrt.n.nwrMuun+.= au v...._u_a.._ 1. i...aF„n__mMdUn 2091121880804 Bk:18062 Pg:145 ILI0/2001 13:39.00 OTHER Pp 219 DECISION OF THE PETITION OF C&G REALTY LLC/CHERRY ST. REALTY ASSOC. REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 8-10 CHERRY TREET AND 12-14 CHERRY STREET R-2. getwo -7� stories. In addition, petitioner seeks a variance to allow two principal buildings on ll�� one lot. 3. As to the property at 8-10 Cherry St, petitioner seeks variances from area to 12,171 sf, lot area of 1,520 per unit, frontage 64.88 It, front 7.59, side 8.08 and rear yard SNC ° setback 15.50 requirements and from building height to 3 stories. J rnn��t� 4. On the proposed new lot petitioner seeks a variance to construct a 3900 sf building P4 in which to house an office and warehouse for a construction company. Petitioner seeks a`van'ance for the proposed use, and also for let area and rear yard setback requirements. The proposed building would conform to the ordinance's requirements in all other respects. 5. Through his Attorney George Atkins III,petitioner conferred with abutters and neighbors regarding his proposal, which was initially brought before petitioner's request until the April meeting. 6. Several neighbors expressed strongly held concerns about the current condition of the lot, which is wooded and has become trash filled and derelict. In the interest of 4,41 allowing the proposed improvements to take place these neighbors offerat, Rdmonat support for the etition rowded that the petitioner would undertake to ce off the residential areas rpm t e pro osed commercial lot, and provided that a landscaped buffer would be real an maintai ed on�their properties anted g L � petitioner's.:t t al arid audit ` screen ` en th s. Rroposed businessc To this end, neighbors cre a our-page Plan of Conditions setting Orth conditions under whit they grant their approval of the proposed netit!On and they_dr_e_wWa_1_WWdscaping Plan, dated 4/23/01,setting forth the type and location of plantings that would form a landscape buffer between the residential and commercial portions of the properties. Petitioner reviewed the Plan of Conditions and the Landscape Plan prior to attend mg the meeting of the Zoning Board of Appeal, and agreed to accept each of the conditions set forth in these en Imre It 1U0 as iT ulllly set forth herein art of the Board's decision in this case. 7. Among the neighbors who spoke at these meeting were Vincent Higgins of 20 Cedar St.and his daughter Michelle McNaught Higgins,Ann Marie.Sobotka of 44 Cedar St., Greg Booth of 15 Porter St., Patrick Higgins,Tish O'Brian of 21 Cedar St., Louise Robinson of 24 Cedar St.and Nestor Grullon of 14 Porter Street. On the basis of the above findings of fact,and on, the evidence presented at the hearing,the Zoning Board of Appeal concludes as follows 1. Special conditions exist which especially affect the subject property but not the district in general. a ajw f aYdw eh .+bl wlfNtFgx_x^t c v L 4 rt y, ' c"gni*v a t i�f r _: win . .y t i xcsi'Ar 'Th ✓.tllflRa t'.�" ,+s"'�y" "lIA 'kl{ ! ' i +[ < u' 1.,es{ '�'tYt+ri'.rYvpYla✓€4uu+�,. s ..+,a Ei 7 { .� 9 d Y :, a •,�r*N' ,�1 a:.. ,"Iti ..:. ysd t�1 �1�1+1,w E rl fu.12111:�171R i�!:.raC e,r;"Ilv�.°1'4��1;'� i W.4 a S ..is.iP,a:c.w2u.., 2001121800804 SUM P9:146 1211912001 1339 00 OTKA P2 319 DECISION OF THE PETITION OF C &G REALTY LLC/CHERRY ST. REALTY ASSOC. REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 8-10 CHERRY ST. AND 12-14 CHERRY STREET R-2 page three 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioner. 3. Desirable relief can 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. Therefore, the Zoning Board of Appeal voted 5-0, to grant the Variances requested, subject to the following conditions; 1. Petitioner shall comply with all city and state statures, ordinances, codes and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. All construction shall be done as per the plans and dimensions submitted. 4. Petitioner shall obtain a building permit prior to beginning any construction. 4 A Certificate of Occupancy shall be obtained. 6. Exterior finishes of the new construction shall be in harmony with the existing construction. . 7. Petitioner is to obtain approval from any City Boards or Commission having jurisdiction including,but not limited to,the Planning Board. Petitioner shall install landscape buffer area on his own property and that of abutters, as specified in the attached Landscape Plan, dated 4/25/01. Petitioner shall install landscape buffer as specified in the attached Plan of Conditions submitted 4/25/01. Variance Granted ` April 25,2001 �'l I C5 Y \J L,C « 1' Nina Cohen,Chairman Board of Appeal + to J r n rr7+ i� 5#9ER` 'e.5x>tiiuxftn' maiiNiC "x + + ,x'Q: ( 1 Y ^ 'YM144'�a" IIR6" rAw+M'+t"ma 3-�,�1ID-'�frnreN,.t a;a t ,SWYx�'metfk? �t+x9l�li" r3 2 Tw�t > Y IIXe1i+Pr f 'FfGk .;�'' 4` lirl ,,,e,aura+ua<..unxxwwre eeu wu,xrstwac,Yv atim,uc,barimk`u�ww.mau vuhu+W.awart..wvu tr. .:a, .ru.,.....u,aexswi, .a,.na,Yrlssk.xxyRdiiuevtm., 1� YtNittjlMn xs dnix„a...uuu _ u, 2081121880884 WIN Pg;141 1211617001 13:39:00 OTHER RR 419 DECISION OF THE PETITION C&G REALTY LLC/CHERRY S. REALTY ASSOC. REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 8-10 CHERRY ST. AND 12-14 CHERRY STREET R-2 page four 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 Massachusetts General Laws 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 Massachusetts General Laws Chapter 40A, Section 11. The Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk that 20 days have elapsed and no appeal has been filed, r or that, if such appeal has been filed,that is 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 t� JUN g 2001 1 hw*y Mft that20 dW haw v*W ftm do dab nfti inShOMM wn roclit ad, aj�nduuthat NO APPEAL ha been flied in Nfia , . ii'i'a�1�, •. •..r•'VN.nY.gin'^NMx+ aaN.nP`Mr.'^ A Trae C u�u s r'- 1 f �f13✓=..�`10 1'�R„�er t'�(6�'F a c Imo` �k�4rs"ry%t�l�'Edi't�4�hf� 1``l�lAt� 1'�YpuN�N§�° F NFftlW+� ,Kt�vYti;'9�a (€ ) r , ia�uk .tlh'tin.uoz«1si..5!'d.e�aA.ku�.��ri. ., . ,nLall.6:i.,.. .�.wLE..e7`J4'• Ly MV) .r. ._.t�''..,.a;',.'.>'. a ...uf. r ) Id I t n� E 1. 14�j rhe C,✓r, 6jrh (smIfftf-d 7 / 2510/_ RE: PETITION OF C & G REALITY LLC/CHERRY STREET REALTY ASSOCIATI i LLC REQUESTING VARIANCES TO CREATE A THIRD PARCEL ON FLORENCE- STREET - CONDITIONS 2001121800804 Bk;18082 Pg:148 Conditions During Constuvetion 72/18/2001 13:39:00 OTHER oa S/9 -20 Cedar Street-E)dsting chain link fence to remain. The Thigh cedar stockade fent-,, will be placed on 7x16 Cherry Street (Multi family dwelling) property. -24 and 36 Cedar Street- Existing chain link fence is to be removed and replaced N,. i the 6' high cedar stockade fence. -20, 24 and 36 Cedar Street- The posts of the cedar stockade fence are to be piaci:i facing #16 Cherry Street (the multi family dwelling) and the proposed commem, I building. The architectural side of the fence is to face 20, 24 and 36 Cedar Street. -24 Cedar Street-Existing hedge to remain. -The 6'cedar stockade fence is to have the following shape on the top of the fence: - II -Cedar stockade fence is to be placed in stable soil. This will require the hinge of t; 1 existing slope to be reworked. -15 Pater Street-The stockade fence needs to be added (if not there already) from t comer of the 6 bay garages to the house at 15 Porter Stmt. I -Hydroseed ma to be detemdned. Mbc should be used to attempt to stabilize it,,! existing and proposed slopes. I -All proposed trees are to be mature, IT tall trees. -All shrubs are to be mature shrubs. • ;.:uN,».rr -.;,:y;rarvxtWmL..:.;. `, ... ,L....ivii,tk,pi.Au •rN--,t.: -Final placement of an trees, shrubs and mulch lines are to be verified with the propel " of 20,24 and 36 Cedair Street - r owners 1(4 rnkp+wtaPogye ,nyx ✓+61pe.+va3+iw u+� �4 a « k-iPq r11ci i:wn t n r I><rrt r _:` 6 ^•^ -�'%37§.� 10.}' yrc,.ircUp:.ae.HY ri'fk �"iJil '*�'Y�.'�" Y rl�lr � 1 :: 1.�N4� ,moi d 1 � }E i .aNF t 1 I r 1 I y�,µU aYcr�y�(p E ri .'-g{yR:,yyryy °:Wryuy;ypy + tli � Y E p Eli1 I VfpC{0t vuii l.ty�7dP urixd.,ttrrr;iwr"n•..%.raiv�e.F.G.i,e,3i t-Ni.cix utf.*a.iv,.u:i:,usurwM.;...ex.J4dwuun.va.n.dW,l�'I.ah rtrtbflriE:n f�kX:11nU�t&HR�kvi V1M1'4�trtLL Wr','EE111ilgaig a.aldj M1U-AL agq ,M 2001121608894 RAM Pg:149 2 17/1012001 /3-.39:00 OTHER Pp 6/9 -Order of work— 1. 6' cedar stockade fence is to be installed prior to start of work on tf e proposed building. 2. Trees, shrubs and mulch are to be installed within the fenced in yards of ), 24 and 36 Cedar Street. 3. As soon as the slopes at 24 and 36 Cedar Street have been regraded it e slope is to be hydroseeded within 7 days. Clean up- 1. Debris, waste material and scrap shall be removed by the Contractor from ' t, 24 and 36 Cedar Street on a daily basis. 2. Upon completion of the work at 20. 24 and 36 Cedar Street the Contras-,W shall remove all equipment, rubbish and waste material in the area that h-s been worked and shall leave the premises and the work performed all in ne at and proper condition. -Hours of operation • 1. Work is restricted at 20, 24 and 36 Cedar Street to the hours of 8:00 am to SAO pm, Monday to Friday. 2. No work shalt be done on Saturdays, Sundays or Holidays. 3. At the end of each working day(including prior to the weekend),the co ttracic r shall ensure that the properties have a working fence line even N a temporar y fence needs to be installed - Dust Control 1. The Contractor shall maintain a systematic method of dust control at all tim•:s during Construction. - Pre Construction Meeting 1. The Contractor shall set up and attend with the property owners of 20, 24 a+11 36 Cedar Streets a pre construction meeting. 2.. The meeting is'to include a site walk and address start dates of construdior , schedule layout areas and.all issues regarding construction. 3. Tl-re meeting shall be held no less than 1 week prior to start of any oonstnuctlon, delivery or storm of materials or equipment, or any work a I " - Plantings at 20, 24 and 36 Cedar Street 1. AN plants provided and installed shall be individually tagged prior to digging. 2. Property owners at 20, 24 and 36 Cedar Street to inspect trees and stud i before they are installed on their property. If the property owner(s) a• ; . dissatisfied witit the condition of the planting(s) the Contra= shall repla(. the tree(s)and shrub(s)in question immediately. �y i r rr I �l9S�y:edif�"vAHVlIS�i�3s j eP ek y :rf t(�,�tP it -14"i- h 4i'= 44!10 y a ,2r �''ET- - c `t"irt•v � s p q + r>a rMr`lte++''t gz��r. ! -, mag*.ar .a fi.xa x+ava�yrdflitm i rl _ a v Il Ir t rwl r d au k1 - rl.,IsB .t' @.ul .Lkai i t ^lv. emi l� °, "•moi "ia''x-< ; v tiuelF v bs r l l 1wl� 2001121800884 BUM62 PON 12116/2001 13 39,00 OJHU Pp Ire 3 3. Ali trees and shrubs shalt be planted within 5 days of arrival on site or sll.III not be used. 4. Container grown shrubs stored on site shall be shaded from direct sunlighs st all times and shall not be stored on paved surfaces. 5. Plant pits shall be excavated according to industry standards. 6. Planting soil mix shall be provided. 7. Loosen the perimeter roots on the rootball of all container plants prio{ o planting. 8. Remove plants from their containers immediately before planting. 9. Handle plants carefully to prevent damaging roots. 10. Place each plant in an individual hole and firm the loam around the roots. 11. Water thoroughly and mulch. 12. Fertilizer tablets should be added after the plant has been placed in the hoic. 13. All plants shall be watered Immediately following planting. 14. Contnector to maintain all new plantings for 60 days following the compleli-n of all plantings on the individual properties of 20, 24 and 36 Cedar Stare t. Maintenance of the new plantings will consist of keepktp the plants m a healthy growing condition. This is, to include watering and anything ele e necessary to keep the plants healthy. 15. The contractor shall remove plants that die during the 60-day maintenar)c e period within one week of receiving notification from the property owmr during the growing season. 16. All trees and shrubs at 20, 24 and 36 Cedar Street shalt be warranted by t%e Contractor for a period of 1 year. Plants found to be unacceptable by r`e property owners of 20, 24, and 36 Cedar Street shall be promptly remol. d from the site and replaced immediately if during the growing season or duri g the next normal growing season.._,,, -,.,, , Reference and attach plan indicating agreed upon items. Number of planting - The construction coridttions 'must reference the agreed upon site pian including Ire— " date. «w.:, ; yt' i j}�S�SI st;my Er ar;4: yR} �,' ^nr tipitcMu+'v 54ntw*!?Nt�xtw�rssN:!?l h'pt9"llri tH�ps�;r `1 r .w:leliirrsi7n.ikvjrd.Ud,e U`m^`wi12A,.sl 'u�rLs Is..:i� r 4 2M1121800804 Bk:1W P9:151 12/1812001 13:39:00 OTHER Pp 819 Pertnanenht Conditions Tree Damage on Developer's property 1. Arty of the trees, that am proposed or are to remain located on Ilse developers properties: a. Which become damaged must have corrective maintenarwe action taken immediately. Broken limbs shall be pruned according to industry standards. Trees that are damaged irreparably must be replaced by +ire Contractor with mature trees of the same type or similar which are at least 10' tall, The trees will be replaced within 10 dayss A being notified. Ud. if the existing willow tree(that Is to remain) located at#16 Cher-y Street Is damaged irreparably the tree must be replaced with 1 mature- 10' Little Leaf Linden and 1 mature- 10' Canadwm lieenlodc. oe All new trees shall be spaced 12'-15'on center. -stockade Fence on oevelopers property 1. Fence is to be malntahxrtd in good working condition- Repairs to the fencing will be made Immediately upon notification that repairs :am necessary.This will include but is not limited to removing graflHL 2 If the fence is need of replacement the fence shall be replaced with U re same type that was agreed upon in the conditions during corstruetior,. - The permanent conditions must reference the.agreed upon site plan hrchdies the date. 1. _. _ ...-n ✓lT .� V* A. o "".+ } x r .: •Me I -r'}��j��'� GyA1u�'�,¢j'Nrl.+r}&fir bi���r!fl E rs 9 ' ^�� r r i } r a .�n .z.. *?�& MrjgSn4za3€vrNi hFrR" ljift..- *�.'iA!w.ca;mpTgyre H .r'9_x',, x«y,3f. rHih`h -4'ai w cry a 1 £er30 p al: • ,rt r. wa.YY-tvi.,r gNiF3br N"�r iti kale.sur ulwma xi ea�.?In w'i.;rr� wa v7x`uk h,. . ur.,iE ..r ger.. +,.r .n11.�;53.tn Av iww :a'rWa%�A ra4vh�it!tnnavfenwxde✓la a� 115i i.iu..n'w`... .�7�Gtl l, t �,a•'" 2011016152 FELED DOMESTIC LIMITED LIABILITY COMPANY 2011 ANNUAL REPORT JUN 0 9 2011 SALTER MOTOR SPORTS,LLC 9ECAET881 AT TAE C8g11110, TA CBAPAAITIApB pItl1818p Fid#27-0343564 The undersigned, being authorized to execute and file this Annual Report under the laws of the Commonwealth of Massachusetts,hereby certifies as follows: 1. Name of the Company. The name of the limited liability company (the "Company")is Salter Motor Sports,LLC. 2. Office of the Company. The address of the office of the Company at which its records will be maintained is 17 Meadow Street,Salem,Massachusetts 01970. I 3. Business of the Company. Thegeneral character of the business of the LLC is to engage in the purchase and isal re an 'Storage of motor vehicles; and to engage in any acnvrttes direcU or ndireoily re ae t d'or ince en ere o• and to ga a rn any wt er_achvlt tit which a Irmrted Iia Arty company orrgamzA 7under e aws.of the ommon of Massachusetts may lawfu y 4. Date of Dissolution. The LLC is to have no specific date of dissolution. 5. Agent for Services of Process. The name and business address of the agent for service of process is Robert F. Salter, 52 Littles Point Road, Swampscott, Massachusetts 01907. i 6. Manager. The name and business address of the Manager is Robert F. Salter,52 F, Littlest Point Road,Swampscott,Massachusetts 01907. 7. Execution of Documents. The name and business address of the member of the LLC authorized to execute on behalf of the LLC any documents to be filed with the Secretary of the Commonwealth of Massachusetts is Robert F. Salter, 52 Littles Point Road,Swampscott,Massachusetts 01907. 8. Execution of Recordable Instruments. The name and business,address of of the member of the LLC authorized to execute,acknowledge, deliver and record any recordable instrument purporting to affect an interest in real property,is Robert F. Salter,52 Littles Point Road,Swampscott,Massachusetts 01907. IN WITNESSF,we hayfstgned this Annual Repoli and acknowledge it to be our free act this�day of 2611. SALTER M LLC £i1�;.Pal 1 rai :"' �I'^i�it^.�!iiu�1 ?�1Wj`�F9' �+�, {��.,?'pP��kt �°..�ytC; IM , lr�`k.+= Vd "R'�l'7'z�'tl'k��F2'aE'tlt�t�`r'P'� P����` i.�'�. •:-�} �:. auinva,.' t4 rs�iyu zb A) `rl�t� i7 iutY°,rr�s «y FILED CERTIFICATE OF AMENDMENT JAN 12 2011 TO REGISTRATION OF S 'NIrOFrl�Cprmgpmy SALTER MOTOR SPORTS, LLC C0HP0pAT10NS DIVISIONS REGISTERED PROFESSIONAL LIMITED LIABILITY,COMPANY 1. The federal employer identification number of the registered professional limited liability company is 21-0343564. 2. The name of the registered professional limited liability company is Salter Motor Sports, LLC. 3. The date of filing of the original Certificate of Organization is June 12, 2009. 4. The Manager of the limited liability company is Robert F. Salter of 52 Littles Point Road, Swampscott, Massachusetts 01907. 5. The name and business address of the person authorized to execute documents to be filed with the Corporations Division is: Robert F. Salter, 52 Littles Point Road, Swampscott, Massachusetts 01907. 5. The name and business address of the person authorized to execute, acknowledge, deliver and record any recordable instrument purporting to effect any interest in real property, whether to be filed with the registry of deeds or a district office of the land court, if any, is: Robert F. Salter, 52 Littles Point Road, Swampscott, Massachusetts 01907. 6. The street address of the registered limited liability company's principal office at which its records will be maintained in the Commonwealth of Massachusetts is 17 Meadow Street, Salem, Massachusetts 01970, and is hereby amended to7 FIarance Street, Salem, Massachusetts 01970. This Amendment to Registration is to become effective immediately, as executed by the undersigned Manager. By such execution, the Manager hereby affirms, under the penalties of perjury,that the facts stated herein are true. Salter Motor Sports, LLC Date: January 11, 2012 By: obert VA%Iffir, Manager buly aitthorized • g��1,4��1 Vii' S 1'� � s {�a n§p ?bR .�2f�Ncd L « Cs 2 A a r. � ' i k r ( +. r. • )r-2°��5y," �N''rj"6Ks a -�Su�r 4 I'�Y i II �t,��`'° � .> ( I S , i'";W�y A i u w tlN+ Efil!•FXyd�yi, p,#k7 �4t '! rt a r ,a i _ li' l . fz n z ,w.• C,t �.-....,. ...<«.,.•Lk r.t�i,dL.tiiwa.,i.w..irndrdBiL N.+. d..+w.lir. ,. ,,. _. ., _. e .., .. , .,. a . � =T.w 3 A s �,: _ , 11111IIlIId11�1111111111N18111�11�11�1 ?01107BUS B00558 Pg;46 r 07/29/2077 i0:06 DEED Pg ill ' ' MASSACHUSETTS QUITCLAIM DEED Benny J.Fisheries Limited, a Massachusetts corporation having an address of455 Puritan Road,Swampscott,Massachusetts,for consideration paid and in full consideration of Four Hundred Seventy Thousand and 00/100 Dollars($470,000:00)grant to'Saher Motorspoits,.LLC,.a:; Massachusetts limited liability company have an address of 52 Littles Point Road,Swampscott Essex County,Massachusetts,with Quitclaim Covenants A pertain parcel of land with the improvements thereon located at 7 Florence Street,Salem, Essex County,Massachusetts,being shown as Lot A on a Plan of Land entitled"Plan of Land in Salem'MA,prepared for David Carnevale prepared by Vernon J.LeBlanc,PLS 161 Holten Street;Danvers,MA,dated November 27,2000,Revised May 28,2001, Scale 1"—20'," recorded with the Essex South District Registry of Deeds,Plan Book 358 Plan 64 0tq Saul Lot A contains 11,386 square feet according to said plan. f �ItrfI CC NAP009arts- t>�j>xzstto 40d!rave l5 efit lbie-foRbO ng: All hcalrie app et;emants,condihot�s and restrictions of record at said Registry ofDeeds. c A' tlDti�f tlatpm Tai±bi Vis;tlatetl:AjirC 25,20Af.and recorded with said Deeds, Iiii6k lei/Pa 44:.; Being,a portion of the premises conveyed by Deed dated Judy 28,2005 and recorded with Essex South District Registry of Deeds in Book 24622,Page 534. X5y This conveyance does not constitute all or substantially all of the,assets of the Granter. Executed as sealed instrument this day of July,2011. ts: Benny .Fisheries invited $b�40 "s"2` �Ftrael imD t Fbite. alt p i11 �pry. ea: �IO 20 Cans td7A�bb0 b0 B . C Neil Rossma President and Treasurer Essex,as. Commonwealth ofMassachusetts �+ July�1011 On this day of July,2011 before me,the undersigned notary public,personally appeared Neil Rossmap,proved to me through satisiaotory evidence of identification,which was❑photographic identrfiteitron with signature issued by a federal or state govemmcrtt agency, o oath or affimtation of a credible w tress, l fsemonal knowledge of the undersigned; to be the person(s) whose name(s) istare signed.on the preceding or attached documen4 and acknowledged to me that he signed it volunta ly for its statcd.13111poso as President and Ti=urer of Benny J.Fisheri >,h ic: Getrrge W Atlarts 111 t Comm, ' tV It fi rtSNA'�B>ttW'Z,A'q 'x'r�Ci;itkb�rsq Mnri, 71 �. -�' ' .,t. `sa£.wWt3u11 It `�L�A."h'say Ira16 # lt'd't1L;�M'9„{F p( - EXHIBIT 7 ' i�# 1 ildlt.tr}i,.s. �stA�.ul,°ndln5 Is r Marl f5a� %nra t,e ..�'t :: w} a ialis s F r�� a i C0 CITY OF SALEM, MA.SSAQ-IUSEM BUILDnNGDEPARTMENT 120 WASHINGTON STREET,3'm FLOOR TEL. (978)745-9595 FAX(978)740-9846 KiNMERLEY DRISCOLL MAYOR THOMAS ST.PIERRE Dimcr(DR OF PUBLIC PROPERTY/BUILDING COMMISSIONER July 20,2011 Joseph C.Correnti,Esquire Serafini,Darling&Correnti,LLP 63 Federal Street Salem,Massachusetts 01970 Re: 7 Florence Street Dear Attorney Correnti: This letter is in response to your inquiry and our meeting concerning the property located at 7 Florence Street. You have asked for a determination on whether arjautomotive stoma ,and warehousing use would be a permitted use at the premises. As you know,the premises was created by subdividing two residential lots on Cherry Street and is in the R-2 Residential zoning district. Our records indicate that,by Decision dated April 25, 2001, variances were granted by the Zoning Board of Appeal allowing commercial use for the premises and construction of the commercial building. The proposed use at the time was for a construction office and warehousii an maintenance construction vehicles and equipment. After reviewing the ZBA Decision granting relief�af l use,I determine that the proposed commercial use would be permitted Should your client desire to make any improvements to the premises, then any appropriate building permits should be obtained through tris office. Very truly yob 47wo, Thomas St.Pierre zo !r"rr+�(p��e 'p 31 i:�'ry n31t n .Ti 3 S ) BA N! ks f Y# m"u,re ai ivd a G. 2 m +i i " r - j, a v ,,;, , 1"(:% t " Gx r i r",��pc�";�'9'S* »444!iSF'?"'^Y,S*,+�tl�s,Y"4MR.a Yk4'N1� b}p�^ �yq'�' 12�yR n :N}"Wi�Nsw '✓4' -Mt ex; ,au ��e .1, i i' .. 4. .,'T y�,,•,... �11 � �.::7 � �i�k y� .Ytli�fri,'.�c:' EXHIBIT 8 _ct17 asl,.y�.iiiiddkitie..,..r.. uFSF 08/09/2012 13:40 9787418509 THE LPS STORE PAGE 04/06 Gtr' or SALEM, MASSACHUSETTSHLTSEMASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET,3"t FLOOR a_ � TEL.(978)745-9595 FAX(978)740-9846 KIMBERLEY DRISOOIJ MAYORTY-IOD�S ST.PIEItRB DIRECTOROF f UBLICPROPF,RTY/BTUgLD1NG COlv1MISS101NF,R RECD! UCElisu! I July 11: 2012 City of Salem Licensing Board Chicf Robert St.Pierre-Chair 93 Washington Street Salem Ma. 01970 R.E Salter Motor Sports-7 Florence Street Dear Chair and Board Members, This letter is a response to the issue of whether the occasional sale of a restored classic automobile at the site conforms with the legal non-conforming use of this site. Salter Motor Sports L.L.C. owns and operates 7 Florence Street,a commercial warehouse building.The owner is engaged in the business of warehousing classic cars in the building as well as restoring classic cars within the building and on an individual basis.It was agreed that a spray booth would not be allowed . I understand that Salter Motor Sports has applied for a used car license in order to obtain" dealer plates"so that a restored vehicle could be legally driven on the street.I also have read the restrictions the Licensing Board has placed on the license. It is my opinion that the occasional sale of a classic restored vehicle on site and by appointment only,fits within the nature and purpose of the commercial use permitted at the site.There should be little if any impact to the abutters and the intensity of the use does not change by the occasional test drive of a vehicle conducted by appointment only.The additional use does not increase the equipment or number of employees. 1 do agree that any expansion of the limited used car License,beyond what was described by the Licensing Board, would not be allowed without appropriate zoning relief <a 11xNd" k-"1011-0, r, r.wi.0 a ',�-'!F'a''•fAX t'i t f .{ i "Pir,11 EXMIT 9 A 11 Cog{,,G�� aim a Ar t a a5 ,1u2 Jr st r� W vx 1 F ,[�'u 4 j "1 t�: ItC Iff Esi:ak. fiVj .6�S 41",B.nu'N41, . GM ;zAbirt o �Qv� , ,�ti CITY OF SALEM, MASSACHUSETTS t�, DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT KIMBERLEY DRISCOLL MAYOR 120 WASHINGTON STREET ♦ SALEM,MASSACHUSETTS 01970 TELE:978-619-5685 4 FAX: 978-740-0404 LYNN GOONIN DUNCAN,AICP DIRECrOR December 5, 2012 Joseph A. Wellington, Esq. 50 Leavenworth Street Waterbury, CT 06702 Dear Mr. Wellington: I hereby certify that the copy of Thomas St. Pierre's letter to the City of Salem Zoning Board (Chief Robert St. Pierre—Chair), dated July 11, 2012, is a true copy from the record of the Zoning Board of Appeals' file on the 7 Florence Street petition. Yours truly, Danielle McKnight ,.. rrtT x•u+a.rr krb..., .. � .... ?'tX6I`+F fi) r riI ..1 �4gs •,s ! t ,Sn ^ 'iv i �' ''�t! c°ear w. i = v • F t sj �Flrjr L.3♦Es{i�*H�to ) �� FW � � b iil t�r� 1 l.' s J 1i t >. hrI 1 -i) F �x f'�` -, 44' I h Professional table in great condition etlPJ� u� T Accessories included.$250/160314254988 BEAUUFUL BLUE CANE CORGD aTAUAN ,_ USED APPLIANCES with GEseBclean Ig white, MASTIFF).l female. 17 weeks sad;MustSeel s' aecbicrangewcMparlocaan WgIdleP- PUSH MOWER $600.Good noneBmrious11 ..aonly! P - „ $175:&Ndsw.stat er.white-$80.' Bondi d'ahwaslrec stainless interior:white SRF PROPELLED-$700 Call 978-3908220 $50.Call 501982-0470 or 508-9828110. - (603)347-1540 - Be<Igal fi Mahle Coon fats&Krttem WASHER,DRYER AND FRIDGE RECORDS.CD's.Dio's Available$150-$900 load washer/ 2 Mom We BUY Them)The Record Exchange. 6038188136 aaraclivecets@mac.corn 1°Q years old,E750 set 256 Washngmn St.Salem 978745-0777 favadw Ca 'FdgUanc hlackhdge 2yearsdd.E300.M re lapoos.Gddendoodk,W)maten. like new.Mmsng.Mu9 Sell. Stoat door,Atdersen full vim 3000. Boston Tertier,.Bidmoo,Pot,Martie,)Ladle . 9788553352 White with brass hal g� eludes ShdFch°ns,SlwaUe,etc$395+ 603-942-900 SCfQ°°'g0 IST GEHMAN SHEPHEflO PUPS,AKC registered, I. '' WHIfl1P00Lfstate,washer machine.white, /SCREEN DOOR black 6 ran,shots&D PUPS.$600 each. r' !°P boder,IBx new.E200 ar besrafter Oak&floss Coffee table$35 11603-974-1249 p Ca0603-216-262110erry,NH AmaI. FuoVem screen,burnished Mope.$25. r , f60 DINING SEF Maple table with 2 d4 Cad(9781 ah¢5pm chaus Made Vl,eacellem condrt 978764565 5650, _. . .® . TO OF MIDOl. N v _ . : BOAR OF APPEALS CITY OF SALEM The Middlet Board of Appeals I rI r ZONING BOARD OF APPEALS s' Floor Butters Pull Nigh Speed 978c6195685 P-4-hon October 5 20g2aat7ih0 Model 2000 Rpm E General 17in Will hold a public hearing for all of tvledia-Cen- $150, Vonshader arpat machine Fuller Meadow $150 Cpl N-b97e192 74 Persons interested in the petiodin 'ter.143 South Main [o ad on . . . of JOANNE R. HIGGINS for an ad- the fallowing patio with r- ministrative appeal of a derision of to.tlYp Middleton Zon g Bylaw pond ALWAYS BUYING An ues&vbrcage:fumidne Building Commissioner for the M.G.L.C40A. pottery,MR ry.a mshil.train; oriental s p `located at 7 Fl.ORENCEST. 250H Maple Sir Map 1s;Lot ele Meehan - M1x 9763W1 0g4 Salem,MA:'- - 141 Gino Leone is ing a Var- ;Said fieafing.will be held ,Oct once frorii the requi side. WEDNF�DAY, OCTOBER 17, 2012 semedc Pursuant to 4,�d CRY art 8,30 P.M..;`3rd floor, 120 WASH- the Middleton Bylaws accommo- ZONING P S OOFAPPF-F APPSALS INGTON STREET,ROOM 313. data an enclosed - in place ' "685Rebecca Curran of Rheerustingdeckf aerksstothe will howla , hearing for all SN=1b/3,10/10112 Chair of the h .Application Persons role' In the petition NORTH 'BE All'Zoning nil;Apfallgtiohs �P B119 e i - are avaBatile f ing Prior to the desist dtder of th ' d.WiDg IrF Bum dtl�: at:;Middl n DPW _ rfw the" -'TOWN OF MIDDLETON - 9 Street NST.,SAIFemr1�- ' ata? r 'BO ARD OF APPEALS M'akll o1s4s. #. It hearingg wNI� be llte'Middleton Board of Appeals SN— 10,10/17/12 - NESDAY,OCTOBEti 17,201 will hold a,public fleeting at 7; E 30 .rn.,aid It r„120.WASH- . on Oetatier 25,.2 • . N ION Si'REET ROOM313.. - 1a Cen -' TOWN OF MIDDLETON Rebeoca Curran,Chair follei4(f llow ah Main Street to ad ter on the � BOARD OF APPEALS —10/3,1b/10/72 ng petition with respect to the The:Middletcn Boarq.of Appeals` Middleion Zoning Bylaw and M.G.L. wi8 hold.a publ�meeting at T00 C417 PP.m..on October 25,'2012 at the 173 Sarin Math Street Map 29; WIIerMeadow School Meda Center tat 61A,pursuam to Section 94,of 143 S4xNf Main Street to act on the _his Ic Registration Systems,Inc. ttfe Middleton8ylayis, Revbl�idda follows recorded wdh the Essex Courtly 'Indusb,es Irtc.Is a 3 rg.Petidon widt.respaof to the by a17,1dltfof{7rgaeh of Permk.dn acoordarlMs�N Se MC40A, nZonIng:8ylaw And M.G.L. OrdOt7er 17,2012at 15 Oak Lbs( 'd.7'.2.arM the Table of Use RedomgUla, 172 Eegpr Map ilOrlg'C-14 afNrarizirg Ofe use and 210, pursuafit:m S�'oh' $4 Of e m�ft of'tl1A Properly for Middleton Bylaws, au.0 Realden- 5 cigars And onyrr.Ofoes 'tlal LLC is seeks a Spewal sale of beverages,Ond fight-food ffr 4�{dsiloe with Section' Pon cleated purabourt to a[Id ht mefju.'WNh erdedainlnet, Petitioner abow 91e earth removal 111 cont p algp seeMrtg Site,Wan App 'tion with 010 mks com of Me.Es- 'Re9isbyofDeeds,Sock 10301, pursuant to Sedfon.9.5 Of.Ote Mid- sex Crossing residential subdMsion. . Of cos.Ap Optlon#944. 1991,erM recorded wriFt � 'Appileatlolf#942. ' 17;Plmf Book'26D,:Plarf89 All ng Appppeong are - A9 Zoning Board AppliCatione avellable for- for to the am Ia for viewing prior to ft i. Bu rgo at MdWon DPW data e$, 791011, Main Street MMdlebpn ppW Building.195 Nadh . (NTtldieton,MA01949 Main'Streer Middleton9MA 01949 '> m.Daovf afW SN 10/10 10/17/12 SN 10/10,10/17/12 eai(fpTan fsa'dlfryilf a pdr � :' - .. . ,,.P t53Aoffle? feral_Lawsd ._ IMORTGAOM"S NOTICE 'SALE OF REAL ESTATE diditled a1M:desaiYN the SY Holm and in ekewbon of the Poway d Sale contained in a carte kl Vurwarft.9 the tenfrs Mas- Owen by Andrea Md-brinefto Mortg Electrons:Reg'IsDatlon YheA�istry and all le �as rlominiee Lpr Taybi E h&0/h Montilla . Cop ds moors add assigns,dated . .' '.26,2D07 and rem with Ute ,1,2,f4fidthenoesfindregale : Rb=DTs _QReg ofDcedsatBookZ&511, mmaOetwanses. aof'w2oh Ste ls.ttfead$at ifdder511. ign. -- Ment for breach of-pta of .of am Martgtge by 64 andforffre Purpose of &i31*4++^^+su�#�'ir3v'.FSn I acrca -,�13o�•rlrv�FaAF: I a :r i ry Al o"11, 7 �si1 � a F V• WW, W ffs Tai r eiy1�° ' Y+'�� a4 3r- hFiM pa Acro^ Y i'A.r !P ^S""p,a . .. 3r av ' f"t5 r t , , @AtBtll84�RNt ,'1., .,a `t -h"* -,FI t #✓PN°AL"Kht9�, ,^ 4n#.'§R :IbF1 VXMIT 10 i IFI(�-: i� +4f t Ii i�.v 1 4 , .x .es*` d...h ds l9�'t�dswaa't a:J IM i a Eris t`hA t csrail „��o1Tga. CITY OF SALEM MASSACHUSETTS BOARD OF APPEAL a C�MjIVF DP� 120 WASHINGTON STREET SALEM,MASSACHUSETTS 01970 Tru:978-619-5685 ♦ FAX:978-740-0404 KIMBERLEY DRISCOLL MAYOR SPECIAL MEETING NOTICE ZONING BOARD OF APPEALS November 7, 2012—7:00 P.M. (not 6:30 as usual) City Hall Annex, 120 Washington Street, Salem, MA, Room 313 Rebecca Curran,Chau MEETING AGENDA 1. Executive session for purposes of discussion of litigation in the action styled Byrne v. Curran, ESCV 2012-01567, relative to 16 Saunders Street 2. Approval of Minutes: October 17,2012 meeting 3. Petition of ERIC GLASS requesting a Special Permit to expand a nonconforming use in order to conduct bottling on the premises of 51R CANAL ST/4 FLORENCE ST (B4&R2) 4. Petition of NORTHEAST BEHAVIORAL HEALTH CORP. appealing a cease and desist order of the Building Inspector for the property located at 41 MASON ST. (NRCC) 5. Petition of JOANNE R. HIGGINS for an administrative appeal of a decision of the Building Commissioner for the property located at 7 FLORENCE ST. (R2) 6. Old/New Business 7. Adjournment Know YourRtghts under the Open Meeting L"M.G.L a 39 S23B and City Or&nana Sections 2-2028 through 2-2033. 1 'r } 1 t�b•plgi-,{pryt9f4'f'1 rlr i �8 4,e„'+'?�-�a ri n .#.Naf5i4nay tau/e:-i ti :s5ha'u�ass fili*tl!*�`;t,�i13Na�._ar 4 �rv�' .n riu"':n� ^' EXH1IIBIT 11 L'lts4 s ,f?sYt.. '�� �.ute.Ssi I.L., h .a afi xs far::. i ei x s.N a LLMSu bSedid iGlPo4YIIiWl3fiiI��Y.YATbM Md3..4w a•.ml.It�N .. .1 .Ya.A e...-.:.1..,... wi, .�, u.1,Y N6iea vn.WV4>tir...wtil i.r.e:.a filis2l.e:Ju �i i�tlLAt4FR(�1r�{xt•!`� •w.xi CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 120 WTSHINGI'ON$TRfEI $AL EM,MASSACHUSETTS 01970 TELE 978-619-5685 ♦ FAx:978-740-0404 d' KIMBERLEY DRiscoLL 1 �. MAYOR f1 ti Flo G November 20,2012 3 (� Decision 3 F N co N City of Salem Zoning Board of Appeals Petition of JOANNE R. HIGGINS for an administrative appeal of a decision of the Building Commissioner for the property located at 7 FLORENCE STREET A public hearing on the above Petition was opened on November 7,2012 pursuant to Mass General Law Ch.40A,§ 11. The hearing was closed on November 7,2012 with the following Zoning Board of Appeals members present: Rebecca Curran(Chair),Annie Harris,Michael Duffy,Jamie Metsch, Richard Dionne,and Jimmy Tsitsinos (alternate). Petitioner seeks an administrative appeal of a decision of the.Building Commissioner. Statements of fact: 1. On April 25,2001, the Board issued a Variance allowing commercial use for the premises. 2. In a petition date-stamped August 9,2012,petitioner requested an appeal of a decision of the Salem Licensing Board to issue a Used Car Dealers License°Class II to Salter Motor Sports,LLC for activities to take place at 7 Florence Street,Salem 3. Attorney Joseph Wellington represented petitioner at the hearing. 4. In an attachment to the petition,and at the hearing,petitioner stated the licensing Board's decision to issue the license was predicated on guidance received from Thomas St. Pierre, Building Commissioner in a letter dated July 11,2012,advising the Board that the proposed use requiring a Class II License was consistent with the uses allowed on the site by the 2001 Variance. 5. At the hearing,several residents spoke in support of overturning the decision of the Building Commissioner,dting concerns about the impacts of auto maintenance bn the neighborhood 1 n-}.-. 5. YV(f i1�t 1F1 bAl9�0y.lreP-^. ': rMXZ } �q k}' P�I4{4't' ,' +%91491 ``• 9Q�1 Ikff fA yl��w �I Y� [`dr� i EXHIBIT 12 nAIA#��xff�I!!t<�P lwk q.u'.,'.1'm.Sr tJ.rk, � 6. At the heating, the owner of Salter Motor Sports, LLC, represented by Attorney Joseph Correnti, stated his opposition to overturning the decision of the Building Conurussioner and questioned the jurisdiction of the Board of Appeals to hear the appeal. 7. The Board of Appeals, through counsel, also reserved the right to raise jurisdictional questions on appeal, if any. 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. The Board of Appeals has no jurisdiction over actions taken by the Salem Licensing Board. 2. The only issue before the Board of Appeals is the validity of Mr. St. Pierre's decision that Salter Motor Sports, LLC's proposed activities requiring a Used Car Dealers License Class II are consistent with the use allowed under the 2001 Variance. 3. The Board finds that Mr. St. Pierre's.decision that the occasional sale of classic cars,which use requires the Used Car Dealers License Class II,is consistent with the existing use of that site and the prior variance. On the basis of the above findings of fact and all evidence presented at the public hearing including, but not limited to, the Plans,Documents and testimony,the Zoning Board of Appeals voted none (0)in favor and five(5) opposed (Curran, Harris,Dionne, Duffy and Metsch), to affirm the appeal of the Building Commissioner's decision. The appeal is denied,and the decision of the Building Inspector is upheld. Rebecca Curran,Chair Salem Board of Appeals 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 Massachusetts General Laws Chapter 40A,and shall be filed within 20 days of filing of this decision in the office of the City Clerk Pursuant to the Massachusetts General Laws Chapter 40A,Section 11,the Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has been filed with the Essex South Registry of Deeds. a4o, 4 ,a.. ata R,rr°`tT�r