10 JEFFERSON AVENUE - ZBA 10 JEFFERSON AVENUE
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s67, Legal Notice
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fore- CITY OF SALEM
.sday, BOARD OF APPEALhit 17- III
k Essex 978-745-9595,Ext.361 t
Will hold a public hearing for all
mort- persons interested in the petition sub-
1 miffed by MOFFAT REALTY TRUST
,sachu- requesting Special Permit to extend
I non-conforming retail use to the rear
7REOF building for the property located at 10
JEFFERSON AVENUE R-2. Said
hearing to be held Wednesday,
December 17,2003,at'6:30 p.m.,120
,4assa- Washington Street, 3rd floor, Room
:ssex Nina Cohen,Chairman
Plan (1213,10)
i CITY OF SALEM9 MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR �a TY tF ;;
1 SALEM, MA 01970 eaft _S 1%
Apt TEL. (978) 745-9595
FAX (978) 740-9846
STANLEYMAYOR
ASROVICZ, JR.
YO 1063 DEC 30 P 2 iq
DECISION ON THE PETITION OF MOFFAT REALTY TRUST REQUESTING A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 10 JEFFERSON AVENUE R-2
A hearing on this petition was held on December 17, 2003 with the following Board
Members present: Nina Cohen, Chairman, Richard Dionne, Stephen Harris, Joseph
Barbeau and Bonnie Belair. 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 requests a Special Permit to extend non-conforming retail use to the rear of
the building for the property located at 10 Jefferson Avenue located in a R-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 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 Section 8-6
and 9-4, grant Special Permits for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extension of expansion, of nonconforming
lots, land, structures, and uses, provided however, that such change, extension,
enlargement of 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.
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
stuctures 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.
The Board of Appeal, after careful consideration of the evidence presented, and after
viewing the plans, makes the following findings of fact
DECISION ON THE PETITION OF MOFFAT REALTY TRUST REQUESTING A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 10 JEFFERSON AVENUE R-2
page two
1. Attorney Joseph Correnti of 63 Federal Street appeared and represented the
petitioner.
2. Councillor Joan Lovely spoke in favor of the petition but with restricted retail
hours of 10:00 p.m. closing and exclusion of restaurant service.
3. Councillor Joseph O'Keefe also spoke in favor of the petition.
4. There was no opposition.
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.
Therefore, the Zoning Board of Appeal voted 5 in favor and 0 in opposition, to grant the
relief requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statues, codes ordinances and
regulations.
2. All requirements of the Salem Fire Department relative to smoke and safety shall be
Strictly adhered to.
3. Petitioner shall obtain a Certificate of Occupancy.
4. Petitioner shall obtain a Certificate of Inspection.
5. Restrict retail closing at 10:00 p.m.
6. Petitioner shall obtain approval from any City Board or Commission having
jurisdiction including, but not limited to the Planning Board.
7. Petitioner shall exclude restaurant use.
S. Petitioner shall obtain proper street numbering for the City's Assessors Office and
shall display said numbers to be visible from the street.
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DECISION OF THE PETITION OF MOFFAT REALTY TRUST REQUESTING A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 10 JEFFERSON AVENUE R-2
Special Permit Granted
December 17,2003 chard Dionne
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 of record or is recorded and noted on the owner's Certificate of Title.
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