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CITY OF SALEM9 MASSACHUSETTS
BOARD OF APPEAL CI i Y OF SALEPI M4
120 WASHINGTON STREET, sRo FLOOR CLERKS OFFICI
/ry�ryg SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595
MAYOR FAX: 978-740-9846
ZOOS SEP 23 A 9, 49
DECISION OF THE PETITION OF GARY NADEAU REQUESTING A SPECIAL
PERMIT FOR THE PROERTY LOCATED AT 296 HIGHLAND AVENUE B-2
A hearing on this petition was held on September 21, 2005 with the following Board
Members present: Nina Cohen, Chairman, Richard Dionne,Nicholas Helides, Bonnie
Belair and Robin Stein. Notice of the hearing was sent to abutters and others and notices
of the hearing were properly published in the Salem Evening News in accordance with
Massachusetts General Laws Chapter 40A.
Petitioner request a Special Permit,Per Section 8-5 to allow operation of a used car
business for the property located at 296 Highland Avenue located in an B-2 zone.
The provision of the Salem Zoning Ordinance which is applicable to this request for a
Special Permit is Section 5-3 (2) (8)which provide as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the Board of
Appeal may, in accordance with the procedure and conditions set forth in Section 8-6 and
9-4, grant Special Permits for alterations and reconstruction of nonconforming 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 for the City's inhabitants.
A. Special conditions and circumstances exist which especially affect the land,
building or structure involved and which are not generally affecting other lands,
buildings or structures in the same district.
B. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner.
C. Desirable relief may be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent of the district or
the purpose of the ordinance.
DECISION OF THE PETITION OF GARY NADEAU REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 296 HIGHLAND AVENUE B-2
page two
The Board of Appeal, after careful consideration of the evidence presented, and after
viewing the plans, makes the following findings of facts:
1. Petitioner Gary Nadeau presented the petition and represented the following;
a. He presently operates a Bagel Business at the premises. Business has
declined to the point that he wishes to operate a used car business from the
premises.
b. Mr. Nadeau has another use car business in the city at the present time,A-
1 Auto on Essex Street.
c. Mr.Nadeau presented a plan showing 27 lined parking spaces on the
premises with room for more.
d. The proposed use will reduce the traffic to the site from its present use.
e. Inventory will be 30 used cars.
f. An application to the Licensing Board will be made subsequent to the
Zoning Board decision.
g. There will be one handicap parking space.
h. No automotive repair will take place on this site.
i. There will be 2 employees on site.
j. The existing building is 4, 500 square feet.
k. Petitioner will line an additional 7 parking spaces on the site.
2. Jim Fleming spoke in favor of the petition.
3. Councillor O'Leary spoke in favor of the petition and indicated that there was
neighborhood support for the petition.
On the basis of the above findings of fact,and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
1. Literal enforcement of the provisions of the ordinance would involve substantial
hardship on the petitioner.
2. 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.
3. The Special Permit granted can be granted in harmony with the neighborhood and
will promote the public health, safety, convenience and welfare of the City's
inhabitants.
I
4. Special conditions exist which especially affect the subject property, but not the
district in general.
DECISION OF THE PETITION OF GARY NADEAU REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 296 HIGHLAND AVENUE B-2
page three
On the basis of the above findings of fact,the Zoning Board of Appeal voted 5 in favor
and 0 in opposition to grant the Special Permit requested, subject to the following
conditions.
1. Petitioner shall comply with all city and state statues, code ordinances and
regulations.
2. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
3. Petitioner shall obtain a building permit prior to beginning any construction.
4. Petitioner shall obtain a Certificate of Inspection.
5. All construction shall be done as per the plans submitted and approved by the
Building Commissioner.
6. Petitioner shall obtain approval from any City Boards or Commission having
jurisdiction including,but not limited to the Planning Board.
7. Petitioner shall line an additional 7 parking spaces on the site for a total of 34
spaces. �' Q
Special Permit Granted
September 21,2005 A Nicholas
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING
BOARD AND THE CITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17, of MGL
Chapter 40A,and shall be filed within 20 days after the date of filing of this decision
in the office of the City Clerk. Pursuant to MGL Chapter 40A, Section 11,the
Variance or Special Permit granted herein shall not take effect until a copy of the
decision,bearing the certification of the City Clerk that the 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 or record or is recorded and noted on the owner's
Certificate of Title.
Board of Appeal