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471 HIGHLAND AVENUE - ZBA �� �J �� s� '�� �'�, �/> � •'C" �--j"'� ___--- r. `.1 Legal Notice � CITY OF SALEM BOARD OF APPEAL Will hold a public hearing for all persons interested in the petition sub-' mi0ed by MICHAEL GILLER seeldng a Special Permit per Section 5-3 {s)toy allow an Automotive/Electronic Business at the premises for the ` property located 471 HIGHLAND } AVENUE B-2.Said hearing to be held on WEDNESDAY,MARCH 21,2007.1 6:30 P.M., 120 WASHINGRON, STREET 3rd floor,Room 313. Nina Cohen I Chairman SN—3r/,3/14/07 111 Y f ON�17 CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 ' TELEPHONE. 978-745-9595 FAX: 978-740-9846 C KIMBERLEY DRISCOLL MAYOR -; f March 28, 2007 J J Tr Decision Petition of Michael Giller requesting a Special Permit for the property at 471 Highland Avenue City of Salem Zoning Board of Appeals A public hearing on the above petition was opened on March 21, 2007 pursuant to P S Massachusetts General Law Ch. 40A, Sec. 11. The following Zoning Board members were present: Nina Cohen, Richard Dionne, Annie Harris, Elizabeth Debski and Robin Stein. The petitioner, Michael Giller sought a Special Permit for an automobile electronics business for the property located at 471 Hi hland Avenue, Salem, in the Business P P Y g Highway (B-2) zoning district. 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 of fact: 1. Petitioner's property is in the Business Highway (B-2) district and is currently used as a commercial business. 2. The petitioner was requesting a Special Permit to allow an automobile electronics business to be run separately, but at the same location with, the existing fencing business. 3. The petitioner will lease the space from the owner. 4. The a representative of the owner of the site, Malone Fence Company, Inc., gave verbal approval that the petition had their consent to seek a Special Permit for their site. 5. One (1) member of the public spoke in favor of the petition. On the basis of the above findings of fact, including all evidence presented at the public hearing, including, but not limited to, the Petition the Zoning Board of Appeals concludes as follows: 1. The petitioner's request to for a Variance does not constitute substantial detriment to the public good as automobile related businesses are permitted in the Business Highway (B-2)District and other businesses of a similar nature and intensity are located within the same area as the petitioner's site. 2. The requested relief does not nullify or substantially derogate from the intent or purpose of the zoning ordinance as automobile sales and service establishments are permitted by Special Permit in the Business Highway (B-2) District. 3. In permitting such change, the Board of Appeals requires certain appropriate conditions and safeguards as noted below. In consideration of the above, the Salem Board of Appeals voted, five (5) in favor (Cohen, Dionne,Harris,Debski, Stein) and none (0) opposed, to grant the request for Variances, subject to the following terns, conditions, and safeguards: 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. 6. A Certificate of Occupancy is to be obtained. 7. A Certificate of Inspection is to be obtained. S. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 9. Unless this decision expressly provides otherwise, any zoning relief granted does not empower or authorize Petitioner to demolish or reconstruct the structures(s) located on the subject property to an extent of more than fifty percent (50%) of its floor area or more than fifty percent (50%) of its replacement cost at the time of destruction. If the structure is demolished by any means to an extent of more than fifty percent (50%) of its replacement cost or more than fifty percent (50%) of its floor area at the time of destruction, it shall not be reconstructed except in conformity with the provisions of the Ordinance. F � Annie Harris Salem Zoning 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 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 and 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.