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296 HIGHLAND AVENUE - ZBA 296 Highland Ave. B-2 � A-1 Auto Annex, Gary Nadeau a 0 0 o r of Salem, 4mttssadjusetts ,. �3nttra of }�rnl 4 Nur 2 la PN '3q CITY OF SALEM. MASS CLERK'S OFFICE DECISION ON THE PETITION OF GARY A. NADEAU D/B/A A-1 AUTO ANNEX FOR A SPECIAL PERMIT AT 296 HIGHLAND AVENUE (B-2) A hearing on this petition was held November 2, 1994 with the following Board Members present: Stephen Touchette, Chairman; Stephen O'Grady, Nina Cohen, Gary Barrett, Albert Hill and Associate Member Joseph Ywuc. 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 is requesting a Special Permit to allow the use of the property as a used car lot. Property is located in the B-2 district. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3(j ) , which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Sections 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 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. Specific and material changes to original plan were needed in order to rehear. The only change was a reduction of parking spaces, from 25 to 15 and to add landscape work. 2. No specific and material changes were presented for USE, which was the basis for special permit. Prior decision was denied based on use. DECISION ON THE PETITION OF GARY NADEAU D/B/A A-1 AUTO ANNEX FOR A SPECIAL PERMIT AT 296 HIGHLAND AVENUE, SALEM page two On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the ordinance. 2. The granting of the Special Permit requested will not be in harmony with the neighborhood and will not promote the public health, safety, convenience or welfare of the City's inhabitants. Therefore, the Zoning Board of Appeal voted unanimously, three (3) in favor, two (2), Mr. Barrett and Nina Cohen in opposition to the motion to grant the special permit. Having failed to garner the four affirmative votes required to pass, the motion to grant fails and the petition for a Special Permit is denied. Special Permit Denied November 2, 1994 Stephen O'Grady, Secretary 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 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied is recorded in the South Essex Registry or 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 �; 3 rn O �T1 rn K rtNb r (i1 y � �. Cig of Salem, �46ttssadjusetto r �D2IIa D� �P211 Nor 2 ie PAY 19q CITY OF SALEM, MASS CLERK'S OFFICE DECISION ON THE PETITION OF GARY A. NADEAU D/B/A A-1 AUTO ANNEX FOR A SPECIAL PERMIT AT 296 HIGHLAND AVENUE (B-2) A hearing on this petition was held November 2, 1994 with the "Y_ following Board Members present: Stephen Touchette, Chairman; Stephen O'Grady, Nina Cohen, Gary Barrett, Albert Hill and Associate Member Joseph Ywuc. 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 is requesting a Special Permit to allow the use of the property as a used car lot. Property is located in the B-2 district. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3(j ) , which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Sections 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 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. Specific and material changes to original plan were needed in order to rehear. The only change was a reduction of parking spaces, from 25 to 15 and to add landscape work. 2. No specific and material changes were presented for USE, which was the basis for special permit. Prior decision was denied based on use. DECISION ON THE PETITION OF GARY NADEAU D/B/A A-1 AUTO ANNEX FOR A SPECIAL PERMIT AT 296 HIGHLAND AVENUE, SALEM page two On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the ordinance. 2. The granting of the Special Permit requested will not be in harmony with the neighborhood and will not promote the public health, safety, convenience or welfare of the City's inhabitants. Therefore, the Zoning Board of Appeal voted unanimously, three (3) in favor, two (2), Mr. Barrett and Nina Cohen in opposition to the motion to grant the special permit. Having failed to garner the four affirmative votes required to pass, the motion to grant fails and the petition for a Special Permit is denied. Special Permit Denied November 2, 1994 Stephen O'Grady, Secretary 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 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied is recorded in the South Essex Registry or 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 r, n� r � mo � - o y �i X n i ti Gj � Of Salem, C46ttssadjusetts s • > �Rvztrbof "Cal Nor 2 is PAY 19q CITY OF SALEM. MASS CLERK'S OFFICE DECISION ON THE PETITION OF GARY A. NADEAU D/B/A A-1 AUTO ANNEX FOR A SPECIAL PERMIT AT 296 HIGHLAND AVENUE (B-2) A hearing on this petition was held November 2, 1994 with the following Board Members present: Stephen Touchette, Chairman; Stephen O'Grady, Nina Cohen, Gary Barrett, Albert Hill and Associate Member Joseph Ywuc. 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 is requesting a Special Permit to allow the use of the property as a used car lot. Property is located .in the B-2 district. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3(j ) , which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Sections 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 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. Specific and material changes to original plan were needed in order to rehear. The only change was a reduction of parking spaces, from 25 to 15 and to add landscape work. 2. No specific and material changes were presented for USE, which was the basis for special permit. Prior decision was denied based on use. DECISION ON THE PETITION OF GARY NADEAU D/B/A A-1 AUTO ANNEX FOR A SPECIAL PERMIT AT 296 HIGHLAND AVENUE, SALEM page two On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the ordinance. 2. The granting of the Special Permit requested will not be in harmony with the neighborhood and will not promote the public health, safety, convenience or welfare of the City's inhabitants. Therefore, the Zoning Board of Appeal voted unanimously, three (3) in favor, two (2), Mr. Barrett and Nina Cohen in opposition to the motion to grant the special permit. Having failed to garner the four affirmative votes required to pass, the motion to grant fails and the petition for a Special Permit is denied. Special Permit Denied November 2, 1994 Stephen O'Grady, Secretary 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 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied is recorded in the South Essex Registry or 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 n ti mo em- am r C 1 �= s CA L� (gitu of ,Szdem, 'Mttssadjusetts Poara ofp}real Nov 2 ate PN °9�1 CITY Of SALEM. MASS CLERK'S OFFICE DECISION ON THE PETITION OF GARY A. NADEAU D/B/A A-1 AUTO ANNEX FOR A SPECIAL PERMIT AT 296 HIGHLAND AVENUE (B-2) A hearing on this petition was held November 2, 1994 with the , following Board Members present: Stephen Touchette, Chairman; ; , Stephen O'Grady, Nina Cohen, Gary Barrett, Albert Hill and Associate = Member Joseph Ywuc. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Tc Salem Evening News in accordance with Massachusetts General Laws `. Chapter 40A. Petitioner is requesting a Special Permit to allow the use of the property as a used car lot. Property is located in the B-2 district. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3(j ) , which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Sections 8-6 and 9-4 rant Special Permits "* for alterations and reconstruction of nonconforming structures, and aYT. 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 =z > 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 a " presented at the hearing and after viewing the plans. makes the following findings of fact: 1. Specific and material changes to original plan were needed in order to rehear. The only change was a reduction of parking spaces, from 25 to 15 and to add landscape work. 2. No specific and material changes were presented for USE, which was the basis for special permit. Prior decision was denied based on use. DECISION ON THE PETITION OF GARY NADEAU D/B/A A-1 AUTO ANNEX FOR A SPECIAL PERMIT AT 296 HIGHLAND AVENUE, SALEM page two On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the ordinance. 2. The granting of the Special Permit requested will not be in harmony with the neighborhood and will not promote the public health, safety, convenience or welfare of the City's inhabitants. Therefore, the Zoning Board of Appeal voted unanimously, three (3) in favor, two (2), Mr. Barrett and Nina Cohen in opposition to the motion to grant the special permit. Having failed to garner the four affirmative votes required to pass, the motion to grant fails and the petition for a Special Permit is denied. Special Permit Denied November 2, 1994 Stephen O'Grady, Secretary 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 20 days have elapsed and no appeal has been filed, or that, if such appeal - —has been filed, that it has been dismissed or denied is recorded in the South Essex Registry or 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 r C1 x cn.ts 'jam m S� (1�it of Sttlem, 'Mttssadjusetts �nttraof ;�rttl Nor 2 is CITY Of SALEM. MASS CLERK'S OFFICE DECISION ON THE PETITION OF GARY A. NADEAU D/B/A A-1 AUTO ANNEX FOR A SPECIAL PERMIT AT 296 HIGHLAND AVENUE (B-2) A hearing on this petition was held November 2, 1994 with the following Board Members present: Stephen Touchette, Chairman; Stephen O'Grady, Nina Cohen, Gary Barrett, Albert Hill and Associate Member Joseph Ywuc. 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 is requesting a Special Permit to allow the use of the property as a used car lot. Property is located in the B-2 district. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3(j ) , which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Sections 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 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. Specific and material changes to original plan were needed in order to rehear. The only change was a reduction of parking spaces, from 25 to 15 and to add landscape work. 2. No specific and material changes were presented for USE, which was the basis for special permit. Prior decision was denied based on use. DECISION ON THE PETITION OF GARY NADEAU D/B/A A-1 AUTO ANNEX FOR A SPECIAL PERMIT AT 296 HIGHLAND AVENUE, SALEM page two On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the ordinance. 2. The granting of the Special Permit requested will not be in harmony with the neighborhood and will not promote the public health, safety, convenience or welfare of the City's inhabitants. Therefore, the Zoning Board of Appeal voted unanimously, three (3) in favor, two (2), Mr. Barrett and Nina Cohen in opposition to the motion to grant the special permit. Having failed to garner the four affirmative votes required to pass, the motion to grant fails and the petition for a Special Permit is denied. Special Permit Denied November 2, 1994 Stephen O'Grady, Secretary 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 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied is recorded in the South Essex Registry or 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 �y A� r � MC) rs rP%b or ^i Z P?i � DATE OF HEARING PETITIONER / LOCATION MOTION: TO GRANT f- 111 SECOND AMENDMENT SECOND TO DENY SECOND TO RE-HEAR .G. Q SECOND WITHDRAW / SECOND CONTINUE SECOND - ROLL CALL PRESENT GRANT DENY AMEND WITHDRAW RE-HEAR CONTINUE P ARY M. BARRETT ALBERT C. HILL - - - STEPHEN O'GRADY STEPHEN TOUCHETTE NINA V. COHEN ASSOCIATE MEMBERS ARTHUR LpEBRECQUE CONDITIONS: c \zbaform\ C tv of "Sallent, gttssar4use#ts (One �$atem &rrn October 31, 1994 Mr . Stephen Touchette Chairman Board of Appeal One Salem Green Salem, MA 01970 RE: 296 HIGHLAND AVENUE Dear Chairman Touchette: On October 25 , 1994 , in accordance with Massachusetts General Law, Chapter 40A, Section 16 , the Salem Planning Board met to discuss the application of Mr . Gary Nadeau for a "Determination of Specific and Material Change" to his plans for 296 Highland Avenue which was denied by the Board of Appeal on July 20, 1994 . Mr . Nadeau ' s amended plan reconfigures the parking spaces and adds plantings to the site. As required by State law for this petition to be resubmitted to the Board of Appeal within two ( 2 ) years of unfavorable action by the Board of Appeal , the Planning Board voted by a vote of eight ( 8 ) in favor , one ( 1) opposed that a "Specific and Material Change" has been made to the petition which was denied by the Board of Appeal . /Sincerely, j Walter B. Power, III 00',V Chairman EX\PB\SMC296HG.HLND Ulf 9 >, 7 a�gg lll...� � � '1Y��111�1mS �Qura s � Otte �xlem (preen October 31, 1994 Mr . Stephen Touchette Chairman Board of Appeal .One Salem Green Salem, MA 01970 RE: 296 HIGHLAND AVENUE Dear Chairman Touchette: On October 25 , 1994, in accordance with Massachusetts General Law, Chapter 40A, Section 16 , the Salem Planning Board met to discuss the application of Mr . Gary Nadeau for a "Determination of Specific and Material Change" to his plans for 296 Highland Avenue which was denied by the Board of Appeal on July 20 , 1994 . Mr . Nadeau ' s amended plan reconfigures the parking spaces and adds plantings to the site. As required by State law for this petition to be resubmitted to the Board of Appeal within two ( 2 ) years of unfavorable action by the Board of Appeal , the Planning Board voted by a vote of eight ( 8 ) in favor , one ( 1 ) opposed that a "Specific and Material Change" has been made to the petition which was denied by the Board of Appeal . Sincerely, Walter B. Power , III Chairman EX\PB\SMC296HG.HLND aXG �i of Satmt� assar4usdis s e 0Sa � q° �IttzmcnS c�nttr� y�y�^ C�y�y �6ynny} September 20, 1994 Mr . Stephen Touchette Chairman Board of Appeal One Salem Green Salem, MA 01970 RE: 296 HIGHLAND AVENUE Dear Mr . Touchette : On September 15 , 1994, in accordance with Massachusetts General Law Chapter 40A, Section 16 , the Salem Planning Board met to discuss the application of Mr . Gary Nadeau for a "Determination of Specific, and Material Change" to his plans for 296 Highland Avenue which was denied by the Board of Appeal on July 20, 1994 . According to Regulations , there must be an affirmative vote of all but one member of the Planning Board to approve the specific and material change request . Specifically, the Board needs eight ( 8 ) of the nine ( 9 ) members to endorse the request . The Planning Board by a vote of seven ( 7 ) in favor, one ( l )-, in opposition to the motion to endorse the Specific and Material Change . Having failed to garner the eighth affirmative vote required to pass, the motion to grant fails and the petition for a Specific and Material Change is denied. Sincerely, Walter B. Power , III Chairman EX\PB\SMC296HG.AV APPEAL ':ASE NO. . . . . . . . . . . . . . . . . .. . . . . . CCU of �ttlem, �ttss�c�usP>t#s lsnttr>3 of �A"cal TO THE BOARD OF APPEALS: -he Undersigned represent that he is are the owners of a certain parcel of land located ;t NO. `7.G. . . !�p'C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning District Q?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : and said parcel is affected by Section(s) . . . . . . . . . . . . . . . . or the Massachusetts State Building Code. Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A. 1 of the Zoning Ordinance. T, v//n� r,c> dye ✓ fr mrd __._:: �:A . mo . om c'= m r The Application for Permit was denied by the Inspector of Buildings for the fol: reasons: The Undersigned hereby petitions the Board of Appeals to vary the terms of the Sslee'= .=T Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially dero- gating from the intent and purpose of the Zoning Ordinance and Building Code for the following reasons: - 4'. 4 1 Owner. !t.l... .. ... . . . - Address.. �ti�Nr�Jn_ Telephone. .`1�. . . 5�/. . -9 . . . . . . .. . . . Petitioner.,z,9:/ . !?W71.n. . . . edg? &ie?? . . . .. . . / Address�. . . . .. . . ./n!P� 1'4��, . . . .. Date.%'. _ ... . . . . . . . . . Off'' 7�5— l 2 ! Telephone. ... . . . . . . �2 , . By . . . . . . . . . . . t / Three copies of the application must be filed with the Secretary of the Board of Appeals with a check, for advertising in the amount of. . . . . . . . . . . . . . . . . . ' Four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. R ' t I'�7i �?f1hi5 it: n y S u2�qq s �� � � �r• i'71 I +d X� s YOB t1 / p PLP / O P fo V � �6. 4 �� P10 PC ° n o�fi' �. V U/ r pPi � + P d� i I /�QSS�rJa Q�wnIPS pinexvTA i 2'. efE. a✓En/t/E HiGHLa.vO C I i P G O T PL AA./ " N /GH G/gN0 .VVe"416: S.9LEn.i MASS. orrE o.vree, i.vc. S�everoes /9G J O 20 FO GO J t BOARD OP ASS:FSSOP �, FFY 1-4,6q.k. P A 6F T E, Lie/2 171, '11 I,I 3 2 0 2 ED -A 0TTE tJ 3 ., 4 SUBJECT PROPERTY. MAr". 08 LOT. 002'? SUFF. `01 PROPERTY ADDRESS. 02-.96 HIGil�ll_.AND AVENUE 7 I A (4�ljz� Alz m 7 4\ r)17 q1-4,1, 77 -I 'I�..... 10• �'a I 'WA 12, I ArM 10 13 • 1t4 • 08 00lr.19 21.011 0296 I­]l(_-iI-lt_.AlqI) AVENUE AMEN 7 A *SS 1 N A DESCHAMPS 3F155 N IDOMIPANO BEACH BL_.lv'D #7570 12 PO -HDAN0 R.F-ACH F-I FL16 ...I..1, 17 �.......... G 'r-E.7 TS�"Tf_lU(;T fa -,_0 RAVFIMA,� ,E 0007 114 ...... ..... n' "lo"', 4 IR4- ....... Acl"14 td`8 I el 170 R f ................I...... SE, TR 15 LEtr Ele C 18 4l21 17 i; 001 Q 0000 THOMAS C.IRCL.E AI)APIO 1,21 TO W 186 kit-'JIMY A VE. tai tom m._ 14N11 WIF t 24 ,666 20 701 acl 21 A • p 22 C*A L.E.'111 MA Fl.Vw710 29 23 08 C93.2 2 0007 THOMAS CIRCLE t-AGiONAKIS AI)AMANTIA 30 FAIRVIEW RD 31 24 32 I. ..... ... ......... ...... 25': ' '­ Pl'CHARQ �A' 1, -1 11AtkF uIE 8 bb'2.1 340 b': j 0 26 .4u- 35 27 36 -MA R A E ' T. �A _LRZ, _L.LAMS — ze ROBIER I A A _S*.AL.EP*f MA 01970 37 29 08 0028 0300 HIGHL-AND AVENUE BRODBINE FRANCIS 1-1 JR 300 HIC--il-ILAND AVE 30 c, ........ 41 3 0 A 1"G E�A N CiroLL t, E 03, "ZI` 42 32 1�11 I 1'(" -19t Li 7 ........... 33 wlc�b� Alit D'AV'E'.L­ 48 'r . 34 4 • SMIL.Elml t-A 01P70 4 35 08 0038 00 155 OR.L-.E*Al4S A VEN UE CiALA-0 ORLANDO J '15 ORL..EANS AVENUE 4 0 36 ENEJZniF T 48 37 49 ' UE" �le­','I.q 'IPUR'll 38:" L 39 QLM 4 ..... , 51 • Q . f 11INEEMM4E 52 40 L.A I RE SALmEM MA 0.19 7'L 5�340 ; 0 41 '19 ORI-EANS AV:. 56 08 0041 0001 CROSBY STREE.'Tl DIONNE ERNEST 42 43 % ,777777771 57 17 JO FIN F, OL 44 M"H) 45 — 9, Rv KE121114 R 4661 61 PM47 UL.A A SAAL�EPI MA 01970 420 08 0044. 00-15N CROSBY STREET DESCHAMPS F*Al'llt-.Y T RUS 7 15 CROSBY 5-",T 48 _0 49 ..... 65 VF, f 0 bo- -.R, 0 I%FTRT' y Ilm —0 50 67 st 6a 52 69 0 70 7 54 72 55 73 I17'Em 1;4 -1,1 40 75 7 < 7_9 BOARD OF ASSESSORS C1 FY HALL. PA(:1E. n 2 n'IcE f i�, In . ..... .. . 3 ........ In, 4 4 5 SUBJECT PROPERTY. MAP 08 LOT". 001`.? SUFF. 120 6 PROPER7'Y ADDRESS9 0296 HIGHLAND AVENUE 710 7 10 In n,*1 1 N, .............. • 10 13 P SE t --- • 14 • 08 0046 0020 VERDON STREET (-;EOR(-.;EJ`4ES PE20TER VERDON ST'REET 15 I l, �Af C"M MA il j 16 73 1 n 1,1 ....... llnll�IllIII�' 111, ,1 ll, 17 - .- - 1 10 -morq sT EEM L EEl"i t Y"TRUR 14." Inl,1�11, 4114, 1, n HARK' 715, A, ..... 'VE'R f.31-3 14 RE-+__-.:F 4 4 144 ol"", SALEM MA 01970 7 06 (_t069 0003 MICHAEL. ROAD NE14 ENEI.APH) F'MJER CO 25 RESEARCH AVE ... . .... .... .......... ...... ...... AVERUE' • 20 l0 0070 b69", l'n ...... MAn,Q -1 1 n In '11 'PHAP 55 x e� c zz LM r oer I 'MA.RftBeReH_h o: A1'1- PROPERTY TAX DEPT !R_` rBORf.)UGH PIA 0115�81 • 23 08 0102 0320 HICiFIL.AND AVENUE SAL.Ell CONSERVATION COMM 31 24 32 l 44 t�'b'G;`6 11 R E'Ai L.'T'Y T R U S,T �nl 2, ...... Oil' 27 36 9- r P,1-9Z. bt f, l h A I R WESCOTT MARJORIE (Gi TR SALEM MA 01Q70 'A I S T'E' TUTZ 3 PARI­ .0 C18 0138 0307 HIGHLAND AVENUE PL t) S .1 1 HCJ hl MA ff I C.7il )MA�* 1-4-j p 32 In In 33 El A 3, 35 D.1 B I A SE ELIO E*F AL. ME, LNNNFIELA) tefA 01940 `l7 ......... IN. n In I • 38 39 lln: 4o a • 41 42 43 7: c z ln l n 4 4:. 45l' 77Mi 46 61 47 48 In... 49 ea .7 q 50 • 51 52 O. • 53 Pat 54 77— 55• 38� e 5, "n CHIFtlX1 1, In 09-02-94.10:46:27.53523-LSEP CITY OF SALEM - .- -- BOARD OF APPEAL - .. - 745-9595 Ext. 381 Willhold a public hearing for all persons inter- ested in the petition submitted by A-1.AUTO - - ANNEX for a Special Permit to allow a used car -lot at 296 HIGHLAND AVE. (B-2). Said hearing to be held WEDNESDAY,SEPTEMBER 21,199} AT 6:00 P.M.,ONE SALEM GREEN,second floor. - - STEPHEN TOUCHETTE, Chairman September 7, 14, 1994 SN53523 . 09-02-94.10746-27.53523-L SEP - - CITY OF SALEM BOARD OF APPEAL 745-9595 Ext. 381 - Will hold a public hearing for all persons inter- ested in the petition submitted by A-1 AUTO [ ANNEX for a Special Permit to allow a used car lot at 296 HIGHLAND AVE. (B-2). Said hearing - } to be held WEDNESDAY,SEPTEMBER 21,1994 AT 6:00 P.M.,ONE SALEM GREEN,second floor. STEPHEN TOUCHETTE, Chairman - September 7, 14, 1994 SN53523 - - - - 09-02-94.10:46:27.53523-LSEP - - - - CITY OF SALEM BOARD OF APPEAL - 745-9595 Ext. 381 Will hold a public hearing for all persons inter- ested in the petition submitted by A-1 AUTO - ANNEX for a Special Permit to allow a used car j lot at 296 HIGHLAND AVE. (B-2). Said hearing - 'to be held WEDNESDAY,SEPTEMBER 21,1994 AT 6:00 P.M.,ONE SALEM GREEN,second floor. - i - STEPHEN TOUCHETTE, Chairman September 7, 14, 1994 SN53523 v r �?y ,P PEAL 'i SE '10. . . . . . . . . . . . . . . . . . . . . . . . of �airm, r'lassarim9rifs GI1M1yp, TO THE BOARD OF APPEALS: e Jndersianed represent that he s are t e owners of a certain parcel of land located ,� 296 Highland Ave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Street; Zonina District. .$?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and said Parcel is affected by Sectionisl . . . . . . . . . . . . . . . . -^e :Massachusetts State Building Code. %lans cescribing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A. 1 of the Zoning Ordinance. — Need a special permit to allow me to open a used car lot CZ) m N LU w r c � m O GO C� Z7T Cn — n L N CDM N un n I> mcn Cn to N L The Application for Permit was denied by the Inspector of Buildings for the following reasons: The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially dero- gating from the intent and purpose of the Zoning Ordinance and Building Code for the following reasons: Owner. Gary A; Nadeau. . . . . . . . . . . . . . . Address.27 "?entworth, Pl ; ,l,yTUI- VN . . ..�. .I. Telephone. . 617-5?1-9719. . . . . . . . . . . . . . . . . . . Petitioner. A;1 ,Wu Q .APAQx. . . . . . . . . . . . . . . . Address.296. Hi.-OAA11d. Ax, .Salam, . 14A . . . . . Sate. August 8 , 1994 — 7elephone' 5 8-745 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . yi � By. �. . . . . . . . . . . Three copies of the application must be filed with the Secretary of the Board of 'ppeais with a check, for advertising in the amount of. . . . . . . . . . . . . . . . . . . . . . . . . . ;our weeks prior to the meeting of the Board of Appeals . Check payable to The venina News. o � z � n CJ V�� M r Vt V1 rJ 14 d7 f August 4 , 1994 c J C.9 -M'CD Ca z'm To: Salem Planning Board ' cn One Salem Green �+ Salem, Mass . 01970 9 inD ' From: Gary Nadeau 406 Essex Street Salem, Mass . 01970 Dear Planning Board, I am requesting to be placed on the September agenda to present to you a new set of plans for the operation of a used car lot. On July 20th, I went before the Board of Appeals and presented a plan for a used car lot at 296 Highland Avenue, which, as a B2 zone, required a special permit to operate. The application was for a 25 car license. The new plan I have constructed reduces the number of cars from 25 to 15 and shows where the cars will be parked. The plan also includes landscaping at the entrance to the lot which will . asthetically enhance the property. Thank you for your consideration on this matter of utmost importance to me. Respectfull Gary Nadeau s iJ` Y i / j \ V I Plnntlngs � AI else o�� o z 1 296 flay rORt u\ I/ so o •. �. Aa � r 4 7 � Q � t Pfnnlingr i AVENUE aw ND C r r�, � « NrGNGA C- wo C) z J N Q� N� L C Qs �UJ PLOT PLAN t9 1—U Q .0 f/ /GNG,gNL7 i9 ✓En/UE ;?FILEN. MASS. oYYC f owY«. �^��• 1ve vcroes . I �G C=C�/TLAL 1Y¢CfT 3,44/403, e+AL CH 13, X990 Gln of.� 1GACE r , y Mita of "$ulem, � ussudtuselts Bourd of cAvpeal a AVG 1 9 24 Ah '9q CITY OF SALEM CLERK'S OFFINPSS DECISION ON THE PETITION OF GARY A. NADEAU D/B/A A-1 AUTO ANNEX FOR A SPECIAL PERMIT AT 296 HIGHLAND AVENUE (B-2) A hearing on this petition was held February 16, 1994 with the following Board Members present: Stephen Touchette, Chairman; Gary Barrett, Nina Cohen and Associate Member Arthur 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. Petitioner is requesting a Special Permit to allow the use of the property as a used car lot. Property is located in the B-2 district. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3(j ) , which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of .Appeal may, in accordance with the procedure and conditions set forth in Sections 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 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 failed to file a set of accurate, scaled drawings showing the proposed use of the site. 2. The, petitioner 'failed to provide evidence that the request could be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the ordinance. DECISION ON THE PETITION OF GARY NADEAU D/B/A A-1 AUTO ANNEX FOR A SPECIAL PERMIT AT 296 HIGHLAND AVENUE, SALEM page two AUG 1 9 24 AN '9q On the basis of the above findings of fact, and on the eMi4@W%ALEFI. NASS presented, the Board of Appeal concludes as follows: CLERK'S OFFICE 1. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the ordinance. 2. The granting of the Special Permit requested will not be in harmony with the neighborhood and will not promote the public health, safety, convenience or welfare of the City's inhabitants. Therefore, the Zoning Board of Appeal voted unanimously, three (3) in favor, one (1), Mr. Barrett in opposition to the motion to grant the relief requested. Having failed to garner the four affirmative votes required to pass, the motion to grant fails and the petition for a Special Permit is denied. Special Permit Denied July 20, 1994 Stephen C. Touchette, 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, shall be made pursuant to Section 17 of MCL 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 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied is recorded in the South Essex Registry or 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 APPEAL :ASE NO. . . . . . . . . . . . . . . .. . . . . . . . of 5nlem, Ansear4useffs �&iarD of rA"ral TO THE BOARD OF APPEALS: The Undersigned represent that he is are the owners of a certain parcel of land located 3t NO. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning DistrictA?-. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; and said parcel is affected by Section(s ) . . . . . . . . . . . . . . . . of the Massachusetts State Building Code. Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A. 1 of the Zoning Ordinance. Ivice,C' Sp PciaC ��e �;r T, b//� r,� iii �.✓ �r� Y : =: a IRCA The Application for Permit was denied by the Inspector of Buildings for the fols reasons: j - Y Yf . The Undersigned hereby petitions the Board of Appeals to vary the terms of the Ss} +=� Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to, = .. approve the application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially dero- gating from the intent and purpose of the Zoning Ordinance and Building Code for - - - the following reasons: 1 . j 1 Owner. ./.. . .. .. .. . . Address Telephone. ' ... . . . . . . . . Peti ti over 1':r . !?M711?. . . .f A' it" o: .. . .. . . Address ��1. . . �/ ",1/AN(%. .�?✓Eo, rC/hc. . . . . Date.. . :y . . . . . . . . . . Telephone,. . . Q�' 7fS � � ?.�. . . . . . . . . . By.,.,--% .h.. . . . . . . . . . . . . . . t Three copies of the application must be filed with the Secretary of the Board of Appeals with a check, for advertising in the amount of. . . . . . . . . . . . . . . . . . . . . .. . . . four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. of "'vicl f"It!!4'vd 4 e s•k i b Y . / 1 e u � ad• n v q _ aii a I `v a I IIo(j v.hhMl' f �C�tTH i MQSSJA I Y. /s o.aa' cl HiGHL ,q,VO ( are. /07) gVE,vvE g. P.f. OT PLf7�J r, j .. H /GH Lf7N0 .9VENt/E ? 9LEM Mq.56 1 oTTE (' owYE4, /�/C. Su.B VCYa ES ! F 9G CE.VT2AL ST2EET Sq VG u3,. MFJS. ' .�CFLE : /"� 20• Mq BGN /3, /990 !'ua, O 20 IO LC "} ; r t / 04 i � J �i� I// PlnnNngr f � L� o 1 ~ 296 f.Y \ i+ rPr � .40 1•' • �D � ` PlnnhhRr +l S ,t4 4 ,,7,4j.0 tT4r. IDT qVE vUE �4 0 .� VI O \rc, ��•r O T N ✓eAlLlE owYff, /NC. Jt/B ve- OTYf Cfw/TL7"e" r -4 IJ. Mvs1. AL j rte• 1 ro• .t 7ec'I 13, i9yo GALE i 40 AO ofttlPm, � HttssudtusPtts 3 ., 'Pnnrd of Au}tenl AUG 1 9 24 AH 'Sq CITY OF SALE CLERK'S OFFICE DECISION ON THE PETITION OF GARY A. NADEAU D/B/A A-1 AUTO ANNEX FOR A SPECIAL PERMIT AT 296 HIGHLAND AVENUE (B-2) A hearing on this petition was held February 16, 1994 with the following Board Members present: Stephen Touchette, Chairman; Gary Barrett, Nina Cohen and Associate Member Arthur 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. Petitioner is requesting a Special Permit to allow the use of the property as a used car lot. Property is located in the B-2 district. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3(j ) , which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Sections 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 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 failed to file a set of accurate, scaled drawings showing the proposed use of the site. 2. The petitioner failed to provide evidence that the request could be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the ordinance. DECISION ON THE PETITION OF GARY NADEAU D/B/A A-1 AUTO ANNEX FOR A SPECIAL PERMIT AT 296 HIGHLAND AVENUE, SALEM page two AUG Z 9 24 AH '9q On the basis of the above findings of fact, and on the "eff%ALEM MASS presented, the Board of Appeal concludes as follows: CLERK'S OFFICE 1. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the ordinance. 2. The granting of the Special Permit requested will not be in harmony with the neighborhood and will not promote the public health, safety, convenience or welfare of the City's inhabitants. Therefore, the Zoning Board of Appeal voted unanimously, three (3) in favor, one (1), Mr. Barrett in opposition to the motion to grant the relief requested. Having failed to garner the four affirmative votes required to pass, the motion to grant fails and the petition for a Special Permit is denied. Special Permit Denied July 20, 1994 / Stephen C. Touchette, 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, 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 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied is recorded in the South Essex Registry or 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 August 4 , 1994 � c � w . m,0 7A To: Salem Planning Board One Salem Green r Salem, Mass . 01970 s n2 From: Gary Nadeau 406 Essex Street Salem, Mass . 01970 Dear Planning Board, I am requesting to be placed on the September agenda to present to you a new set of plans for the operation of a used car lot. On July 20th, I went before the Board of Appeals and presented a plan for a used car lot at 296 Highland Avenue, which, as a B2 zone, required a special permit to operate. The application was for a 25 car license. The new plan I have constructed reduces the number of cars from 25 to 15 and shows where the cars will be parked. The plan also includes landscaping at the entrance to the lot which will asthetically enhance the property. Thank you for your consideration on this matter of utmost importance to me. Respectfull .Gary Nadeau v' ¢ � ,� �Ittmzixcg �uttr� September 20 , 1994 Mr . Stephen Touchette Chairman Board of Appeal One Salem Green Salem, MA 01970 RE: 296 HIGHLAND AVENUE Dear Mr . Touchette: On September 15 , 1994 , in accordance with Massachusetts General Law Chapter 40A, Section 16 , the Salem Planning Board met to discuss the application of Mr . Gary Nadeau for a "Determination of Specific and Material Change" to his plans for 296 Highland Avenue which was denied by the Board of Appeal on July 20, 1994 . According to Regulations , there must be an affirmative vote of all but one member of the Planning Board to approve the specific and material change request . Specifically, the Board needs eight ( 8 ) of the nine ( 9 ) members to endorse the request . The Planning Board by a vote of seven ( 7 ) in favor , one ( 1 ) , in opposition to the motion to endorse the Specific and Material Change . Having failed to garner the eighth affirmative vote required to pass, the motion to grant fails and the petition for a Specific and Material Change is denied. Sincerely, D Walter B. Power , IZuz i / .rK Chairman EX\PB,,SMC296HG.AV 'nl l Vo- Ir. Cit" of ttlem, C ttssttcljusetts ,F Botts of 'A"eal We the undersigned do hereby waive all rights with regard to time requirements for the Zoning Board of Appeal relative to hearing the following application: i Property Location —suo 01w Original Meeting date New Meeting date Signature of Petitioner and/or his/her Representative: c DATE OF HEARih'G )i l PETITIONER LOCATION MOTION: TO GRANT SECOND N� AMENDMENT SECOND TO DENY SECOND TO RE-HEAR SECOND WITHDRAW SECOND CONTINUE SECOND ROLL CALL VRESENTq GRANT DENY AMEND WITHDRAW RE-HEAR CONTINUE$,, _ GARY M. BARRETT _ ALBERT C. HILT ( (j STEPHEN O'GRADY STEPHEN TOUCHETTE NINA V. COHEN ASSOCIATE MEMBERS ARTHUR LEBRECQUE CONDITIONS: r a \zbaform\ PE:.L I,;SE '10. . . . . . . . . . . . . . . . . . . . . . . . III airM, r4Fa5gUrh I5Pjf5 -0 T: E BOARD OF APPEALS: e IJnoersigned represent that .'.e is are the owners_ of a certain parcel of land located 296 xi. land Street; Zoning District. E? . . . . . . . . . . . . . . . . . .9.h.j,? . . .A. .v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : and said parcel is affectea by Sectiones ) . . . . . . . . . . . . . . . . ne ::assachusetts State Buildino Code. ,Tans eescribing the work proposed, have been submitted to the Inspector of Buildings in accoroance with Section IX A. 1 of the Zoning Ordinance. Ne-d a special permit to allow me to open a used car lot a C"D N >to Fr� U I7 v Lp M.� The Application for Permit was denied by the Inspector of Buildings for the dolig-ving reasons: The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially dero- gating from the intent and purpose of the Zoning Ordinance and Building Code for the following reasons: Owner. ,Gary A: Nadeau Address. ?�. .�?entcvbrth Pl . Lyrin,, Telephone. . ,617-581-97.19 . . . . . . . . . . . . . . . . . . A-1 Auto An. . . Petitioner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Address . . . 29. .6 . .Highland Av.Salem,,, ti-IN . . . :ate. August 8 , 1994 r g-7 21 ieIephone,,. . . . . . . . . . . . . . . . . . . . . . . Z By.`/� . . . . . . . . . . . . . Three copies of the application must be filed with the Secretary of the Board of Appeals with a check, for advertising in the amount of. . . . . . . . . . . . . . . . . . . . . . . . . . =our .reeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. NO.-. ...................... ........ ITTIVION TO AFPFALS LOCA IION ..... ...... ..... -,...I...... .............. IT I I I ION171? ........ ....... . ......... ......- ADDIMSS.- ...................... .. .......... CONDI I IONS ................... ..................- ........ ...... ..... ....... .......... ...... ......... ............ ................. -.1-...... ............. ........... .......... .............. .......... ................ PFTI I ION APPROVED.................. DENIED........._.._........_ n ....... 19......... " y (1`iitu of Salem, 4HUz5achusetts s Vaurd of hupeal 4� AUG Z 9 ?4 bN '9q CITY pf CLERKSSL�M INFSS DECISION ON THE PETITION OF GARY A. NADEAU D/B/A A-1 AUTO ANNEX FOR A SPECIAL PERMIT AT 296 HIGHLAND AVENUE (B-2) A hearing on this petition was held February 16, 1994 with the following Board Members present: Stephen Touchette, Chairman; Gary Barrett, Nina Cohen and Associate Member Arthur 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. . Petitioner is requesting a Special Permit to allow the use of the property as a used car lot. Property is located in the B-2 district. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3(j ) , which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Sections 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 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 failed to file a set of accurate, scaled drawings showing the proposed use of the site. 2. The petitioner failed to provide evidence that the request could be granted without substantial detriment to the public good or without nullifying and substantially derogatdng. from the intent of the district or the purpose of the ordinance. DECISION ON THE PETITION OF GARY NADEAU D/B/A A-1 AUTO ANNEX FOR A SPECIAL PERMIT AT 296 HIGHLAND AVENUE, SALEM page two Quc 2 9 24 G8 '9q On the basis of the above findings of fact, and on thee09#41q �ALEM. MASS presented, the Board of Appeal concludes as follows: CLERK'S OFFICE 1. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the ordinance. 2. The granting of the Special Permit requested will not be in harmony with the neighborhood and will not promote the public health, safety, convenience or welfare of the City's inhabitants. Therefore, the Zoning Board of Appeal voted unanimously, three (3) in favor, one (1) , Mr. Barrett in opposition to the motion to grant the relief requested. Having failed to garner the four affirmative votes required to pass, the motion to grant fails and the petition for a Special Permit is denied. Special Permit Denied July 20, 1994 Stephen C. Touchette, 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, shall be made pursuant to Section 17 of MCL 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 MCL 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 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied is recorded in the South Essex Registry or 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 ♦� l4 / a V � 76' / Plantings b ��ee aci c c ° ^ go 296 00,U rr" a r� 0 � � o D 4 t t P1nnNngs ( ore. /,07) gVENUE � u' N / GN4F�'uD C,j N W o J N `i N� PLOT PLF�AJ O7 oUJ J v �U N /GHGf7NC7 ,gVeA.141e pwytc, +�+c• -.j. vfroes OYYf orMAS'1. + 7G ceN7L4L fYBCfT S•4 4u4d3, �i.o_a �GFLE +"• zo, LO August 4 , 1994 � a To: Salem Planning Board r cam, One Salem Green ` r Salem, Mass . 019700 crs �an Ua Y thu From: Gary Nadeau 406 Essex Street ciY Salem, Mass . 01970 I,- (n Z Dear Planning Board, I am requesting to be placed on the September agenda to present to you a new set of plans for the operation of a used car lot. On July 20th, I went before the Board of Appeals and presented a plan for a used car lot at 296 Highland Avenue, which, as a B2 zone, required a special permit to operate. The application was for a 25 car license. The new plan I have constructed reduces the number of cars from 25 to 15 and shows where the cars will be parked. The plan also includes landscaping at the entrance to the lot which will asthetically enhance the property. Thank you for your consideration on this matter of utmost importance to me. Respectfull Gary Nadeau APPEAL ':ASE NO. . . . . . . . . . . . . . . .. . . . . . . . (situ of iniem, Ansear4usefts �IIi[LD II{ 4A"r l TO THE BOARD OF APPEALS: The Undersigned represent that he is are the owners of a certain parcel of land located at r10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning District a?. . . . . . . • " • " • " • . . . . . . . . . . . . . . . . . . . . . : and said parcel is affected by Section(s ) . . . . . . . . . . . . . . . . )f the Massachusetts State Building Code. Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A. 1 of the Zoning Ordinance. i e'( T,7 n ' T= , T Ott, $F' The Application for Permit was denied by the Inspector of Buildings for the fof reasons: The Undersigned hereby petitions the Board of Appeals to vary the terms of .the Sa} r " Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to='` =` approve the application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially dero- gating from the intent and purpose of the Zoning Ordinance and Building Code for - - the following reasons: -- •.: - 1 Z Owner. 4: A.r.� . . /�• GZ�HOa9!9.. ... . .. . . . Address. . . . .%��r.✓.�i;�. .. �yr/J /; r� .. -"l i{'Ki it f ti*'�'I of±�-t�.id.• ; r •r ? • a rt �'�eYv f •I � d 04 V � • , III Ith /p, ppb N LpfL .t\ o o Ib.•. YL ..,w e wJVMI' W"eL r I t'. i3o.oa' uI ¢TE. io7) q ✓EAJ4,e P L O T PLFiN ( j H /GhlGF�NO AVENUE SgGEM, MASS. o TTE ( owYER, ,NC. �S UR vEYo?,g33 96 GE•5/Teve STREET ,.•r•P•. MAR c.v 13, J August 10 , 1994 To: Salem Planning Board One Salem Green Salem, Mass . 01970 From: Gary A. Nadeau 406 Essex Street Salem, Mass . 01970 Dear Planning Board, I am requesting to be placed on the September agenda to present to you a new set of plans for the operation of a used car lot. Specifically, I am requesting a determination on a specific and material change for a proposal which was denied by the Board of Appeals. On July 20th, I went before the Board of Appeals and presented a plan for a used car lot at 296 Highland Avenue, which, as a B2 zone, required a special permit to operate. The application was for a 25 car license. The new plan I have constructed reduces the number of cars from 25 to 15 and shows where the cars will be parked. The plan also includes landscaping at the entrance to the lot which will asthetically enhance the property. Thank you for your consideration on this matter of utmost importance to me. Respe ully, N Gary A. Nadeau �I.lei A � / ON 'lo c \� Dc oO`s T u q` '� iQ 101 00 i / 6 a 6g c g 5� P illi. Yc' 8 0 3 _ —aa1�L.t _ 'E?SEMEN 2 2 500 91g5 a1L. 5Q 0 °os ' ` \ Db J� h' SW's 91 515 . Al 8053it"sDtro VE�ppl''s ✓Ik 5 6 r 38 8� a pO.s O 1503 0 5/ , . 5 'toi 8129 63 56` 063 56 5 I� / ,J I r i f rot 160' 57 3 � .,�\ \ �� 8068 12024 1 \ > 1 I VI \\ �s`�',} 161 L9 44 + x \ 44 1.jo 8067 6Q 1 X6319 °o .20297 � \ \ 8 O \o 43 r \ \ \ 0 5$y 2 M9-L / � l � \\\1 `. ,2 21 Z �0 9° ° . O j/J� e0'S s 158 * i 11850 0 \ I 11 \\\\ 42 61151 AO-S 64 - 41 40 . .._ '!/0590 . 0,638 ! 1822 O 29 \\\ 'b°� 5 rz.o4 ac \ d8 �L °fig. 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