12 GOODHUE STREET - ZBA (2) 12 Goodhue St. BPD
John Clayman (owner)
Vred Dion Yacht Yard, Inc. (petitioner)
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Cit>s ofulrm, �ssrzclTusetts
-Boarb of Appral
DECISION ON THE PETITION OF FRED J. DION YACHT YARD INC. (PETITIONER) ,
JOHN M. CLAYMAN (OWNER) FOR A SPECIAL PERMIT AT 12 GOODHUE STREET (BPD)
A hearing on this petition was held January 31 , 1990 with the following Board
Members present: James Fleming, Chairman; Messrs. , Bencal , Luzinski , Dore and
Labrecque. 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.
Petitioners are requesting a Special Permit to all a boat storage and service
business at 12 Goodhue Street currently in a BPD district. The property is
owned by John M. Clayman.
The provision of the Salem Zoning Ordinance which is applicable to this request
for a Special Permit is Section V B 10, which provides as follows :
Notwithstanding anything to the contrary appearing in this Ordinance, the Board
of Appeal may, in accordance with ten procedure and conditions set forth in Section
VIII F and IX D, grant Special Permits for alterations and reconstruction on non-
conforming structures, and for changes, enlargement, extension or expansion of
nonconforming lots , land, structures, and uses, provided, however, that such change,
extension, enlargement or expansion shall not be substantially more detrimental
than the existing nonconforming use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests,
guided by the rule that a Special Permit request may be granted upon a finding
by the Board that the grant of the Special Permit will promote the public health,
safety, convenience and welfare of the City's inhabitants.
The Board of Appeal , after careful consideration of the evidence presented at the
hearing, and after viewing the plans, makes the following findings of fact:
1 . The petitioner has operated a yacht yard in a residential area for
many years without complaint.
2. The Ward Councillor, Kevin Harvey, expressed support of the petition,
as did Councillor Leonard O'Leary.
3. The proposed use is an extension of the maritime history of the City of Salem.
4. The site has been cleared of hazardous materials from previous industrial uses.
On the basis of the above finding of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
1 . Special conditions exist which expecially affect the subject property but
not the district generally.
2. Literal enforcement of the provisons of the Ordinance would work a sub-
stantial hardship on the petitioner.
J
DECISION ON THE PETITION OF DION YACHT YARD. INC. (PETITIONER) JOHN M.
CLAYMAN (OWNER) FOR A SPECIAL PERMIT AT 12 GOODHUE ST. , SALEM
page two
3. The relief requested 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 unanimously, 5-0, to grant the
Special Permit requested, subject to the following conditions:
1 . The petitioner comply with all the requirements of the Salem Fire
Department relative to smoke and fire safety.
2. The premises be utilized for boat storage and repairs only.
3. Appropriate signage is to places on the property relative to customer parking.
4. Entrance and exit to the property is to be from Goodhue Street only.
5. Hours of operation between sun-up and sun-down.
SPECIAL PERMIT GRANTED
ames M. Fleming, squire
Chairman, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal from this decision, if any, shcl: be made pursuant to Section 17 of
the Mass. General laws, Chanter 803. and shall he filed within 20 days
after the date of fu:n^, of this oension in the office of the City Clerk.
Pursuant to Mass. le " L: -. t n :. 3o8, Section 11. the Variance
or `den al Pcrnn e. h_ e at take elfcct until a copy of the
deeeion, to-rin, :h r.r:f.r,:b:.t 't the city Clerk that 20 days have
elapsed an-, no wtae,l hcs ,,en f,ed. or that, if such appeal has been
filed, that it no, been dismisses; or denied is recorded in the South Essex
Registry of Deeds and indexed under the name or the owner of record of
Is recorded and noted on the owner's Certificate of Title
BOARD OF APPEPA
JAN IZ 34 rf4 130
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