86 JACKSON STREET - ZBA (2) � 6 j��.�=sem S�-.
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CITY OF SALEM MASSACHUSETTS
a7 . ` '� BOARD OF APPEAL
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120 WASHING'I ON STREET♦SALEh1,MASSACHUSE1'M'01970
TELE:978-619-5685 ♦ BAx:978-740-0404 c{7 ..r
MMBERLEYURISCOLL C- O
MAYOR
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October 3, 2012 m3
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Decision N50
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City of Salem Zoning Board of Appeals
Petition of ZIAD NABBOUT requesting a Special Permit to allow for a.motor vehicle general
repair use on the property located at 86 JACKSON ST(B4 Zoning District).
A public hearing on the above Petition was opened on September 19, 2012 pursuant to Mass
General Law Ch. 40A, § 11. The hearing was closed on September 19, 2012 with the following
Zoning Board of Appeals members present: Rebecca Curran (Chair), Michael Duffy, Jimmy
Tsitsinos, Annie Harris and Richard Dionne.
Petitioner seeks a Special Permit pursuant to Sections 3.1.2 and 9.4 of the City of Salem Zoning
Ordinances.
Statements of fact:
1. In a petition date-stamped August 29, 2012, petitioner requested a Special Permit to
allow a motor vehicle general repair use on the premises.
2. The parcel is currently vacant.
3. Attorney Joseph Correnti represented the petitioner at the hearing.
4. At the hearing, several members of the public, including Ward 7 Councilor Joseph
O'Keefe and Ward 3 Councilor Todd Siegel spoke in favor of the project.
5. Vincent J. Furfaro, 17 Calabrese Street, submitted a letter in support of the petition.
6. No one spoke in opposition to the project at the hearing.
1
The Board of Appeals, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the plans and petition submitted, makes the following
findings:
1. Desirable relief maybe granted without detriment to the public good and without
nullifying or substantially derogating from the intent or purpose of the zoning ordinance.
The proposed use is in a location appropriate to automotive uses, and the business would
meet community needs. The project would not cause adverse impacts to traffic flow,
safety, or utilities, and would have a positive fiscal impact on the city. No opposition was
expressed by the public.
2. In permitting such change, the Board of Appeals requires certain appropriate conditions
and safeguards as noted below.
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 five (5) in favor (Curran, Dionne, Tsitsinos, Harris and Duffy) and none (0) opposed, to
grant the requested Special Permit. A Special Permit under Section 3.1.2 and 9.4 is granted to
allow for the proposed motor vehicle general repair use.
The Board of Appeals voted to grant petitioner's request for a Special Permit subject to the
following terms, 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. A Certificate of Occupancy is to be obtained.
6. A Certificate of Inspection is to be obtained.
7. Petitioner shall obtain street numbering from the City of Salem Assessor's Office and
shall display said number so as to be visible from the street.
8. Petitioner is to obtain approval.from any City Board or Commission having jurisdiction
including, but not limited to,the Planning Board.
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9. Petitioner shall abide by Section 24-21, Keeping of unregistered, abandoned or discarded
motor vehicles, trailers or boats, of the City of Salem Code of Ordinances.
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.
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ZIOZ b L d3s �y
September 10, 2012 03A� 30aEj
Board of Appeal
City of Salem,MA
120 Washington Street
Salem, MA 01970
Ladies and Gentlemen:
I have been notified by mail of the request for a Special Permit at 86 Jackson Street for Ziad Nabbout.
This letter is being written in support of the permit. I am a direct abutter to the property and have
owned and lived at 17 Calabrese Street for twenty nine years. Mr. Nabbout operates the service station
on Jackson Street, also abutted by my property. I believe that he has run this business for over 15 years.
He has been a good neighbor and has operated his business in a professional manner always
considerate of his neighbors.
Mr. Nabbout and his staff are a credit to the Salem business community and as stated, I fully support his
endeavor.
Please contact me if you require further information.
Sincerely,
incen4J. rf
4
17 Calabrese Street(Map 25, Lot 396)
Salem, MA 01970
978.745.2143
NOTES ��!!•/
1. PROPERTY LINE SURVEY FROM EXISTING PLAN
RECORDED WITH THE REGISTRY OF DEEDS, PLAN
BOOK 361/PAGE 48.
2. TOTAL LOT AREA = 16,702 S.F. (MIN. B4 ZONING
LOT AREA = 12,000 S.F.) STREE
3. PROPOSED BUILDING AREA = 2975 S.F. OR 187
OF TOTAL LOT,AREA (MAX. 84 ZONING BUILDING _
COVERAGE = 807) JA KS FOR REC
4. DIMENSIONAL REQUIREMENTS: C
Y REAR SETBACK = 25 FEET 20'
S. PROPOSED DIMENSIONS: 40 78'
FRONT SETBACK = 18 FEET 8 7
REAR SETBACK = 25 FEET 20'�T\� - o s 347-34'�ROPOSEo .
SETBACK FROM ALL PROPERTY LINES = 10 FEET —_ —'"� DRIVEWAY -
UPy46196'm- ��`�- . .PROPOSED . .
00100.,270 "'--"'`. . DRIVEWAY
n/f
SIGN POB . 108.0, 18' 16,
56 a:
0oE. E.F. KING CO., INC. k'
POB
N7B 25-0393
i (16,702 S.F. TOTAL) . c
R 19319' 12.702 S.F.
2.
PROPOSED Wx19' - - - - buffer
63.66' w u PARKING SPACE
c
N76pj.00'ly (TYP.) - N I GPOGRAPHIC DETAIL IS SHOWN HERE .
8 S z AREA ,OF AUL
!M 14,921 S.F. M a
PROPOSED GARAGE
= I AREA OF CTM TY & USE L.IMITA TION.297s3S.F. semac
_ , ,` .
t0 31.90'
ONE STORY 0 "_-� J1~ .„^�".- ./ FIRST JACKSON
BRICK - "„ 25-
—� . 4,000 S.F. _ 25
etback
0 PROPOSED EDGE
Z � /`.YS•. 25'. N>s 3-00. OF PAVEMENT
Q CONIC PAD/VENTS 6'0 1x97`1
J na, tip,..
10,
\a $
(�/() N n
UP
LEEMILTS PETROLEUM. INC —�� \ '^ n/f
25-0394 -�- -. BOSTON 3 MAINE
SCALE: 1 " = 20' LEEMILTS PETROLEUM. INC° _ PRELIMINARY PLANS ONLY �_ 25—G399
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Feet NOT FOR CONSTRUCTION
0 10 20 40
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Client Scale 1.,=20' Z
ZIAD NABBOUT Date 8/16/2012 Sheet
01z WI New England Civil
Project Job 8600edmme masm
012 p s m/x/ama p I
86 JACKSON STREET, SALEM, MASSACHUSETTS Designed by WMR pA awpeo oYdsa s ae n w s v o.�i Engineering Corp
Drawn by TAD F auunan causms a m/sma 'a o Q'
PROPOSED LAND DEVELOPMENT Checked by WMR No. Description Date �o�sSONAI � ° , SALEM, MASSACHUSETTS
Approved by WMR REVISIONS