42 JEFFERSON AVENUE - ZBA (2) V '. 42 Jefferson Ave R-1
J ;&. G >Rea3ty Trust (owners.)'
A-1 Auto Brokers,' Gary Neadeau (Pet)` -
_r
1
,S�
,-C,
HL
�I
DATE OF HEARING J�/S S
PETITIONER
LOCATION
MOTION: TO GRANT SECOND
TO DENY SECOND
TO RE-HEAR SECOND
LEAVE TO WITHDRAW SECOND
TO CONTINUE SECOND
ROLL CALL PRESENT GRANT DENY WITHDRAW RE-HEAR CONTINUE
RICHARD BENCAL d
JOSEPH CORRENTI_
RICHARD''FEBONIO 1/
EDWARD LUZINSKI
MARY JANE STIRGWOLT V
ASSOCIATE MEMBERS
JOHly G DY
AT
LA ECQUE
CONDITIONS:
,
e
Mar
y\I (EitU of �ttlrm, � ttssttcltusett TY ss
.:r -guttra of rAu}Tenl
DECISION ON THE PETITION OF J & G Realty Trust (OWNER)
A-1 AUTO BROKERS, INC. ,GARY NADEAU ( PETITIONER)
FOR SPECIAL PERMIT AT 42 Jefferson Avenue (R-1 )
A hearing on this petition was held on May 15 , 1991,
with the following Board Members present: Richard Bencal,
Chairman; Joseph Correnti , Edward Luzinski, Jane Stirgwolt, and
Richard Febonio .
Notice of the hearing was sent to abutters and others and
notices were properly published in the Salem Evening News in
accordance with Massachusetts General Laws Chapter 40A.
Petitioners are requesting a Special Permit in order to extend
the non-conforming use to allow outside car sales .
The provision of the Salem Zoning Ordinance which is
applicable to this request for a Special Permit is
Section VI B 10, 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 VIII F and IX
D, 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 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 consideration of the evidence
presented at ' the public hearing, makes the following findings
of fact:
1. The premises and building in question is a residential
home and a garage and lot in an R-1 zone.
J 9�
DECISION ON THE PETITION OF J & 'G REALTY TRUST (OWNERS) , A-1 AUTO Bflkki HS,
( PETITIONER) FOR SPECIAL PERMIT AT 42 JEFFERSON AVENUE SALEM
Cli
page two
2. All abutters of the premises were notified by mail of
this petition before the Board.
3 . That the proposed petition will allow the outside sales
of motor vehicles .
4 . That the Salem Licensing Board has granted licenses
since 1986 for the outside sales of motor vehicles , contrary to
the Board of Appeal decision dated September 24 , 1986 . '
5 . That the petitioner purchased the property in 1990 with
the knowledge and in reliance on the fact that a license to
sell vehicles was granted and in effect.
6 . That there also exists a two-family house on this
property and that three parking spaces are required for those
residents.
7. That the petitioner has cleared the side and rear yard
and that there is ample space for three automobiles to park in
the rear of the house.
On the basis of the above findings of fact, and of the
evidence presented at the hearing, the Board of A_ooeal
concludes as follows:
1. The proposed changes will not be substantially more
detrimental to the neighborhood than the existing
non-conforming use and can be granted in harmony with the
Zoning ordinance and without derogating from its intent or the
public good.
Therefore the Board of Appeal voted 5-0 to allow the Special
Permit requested subject to the following conditions:
1. That the petitioner will maintain three (3) parking
spaces in the rear of the house for residents use.
2. That any lighting of the car lot comply with existing
city ordinances.
3 . That all signage for the business comply with existing
and applicable ordinances, rules, and regulations.
4 . That all regulations of the Salem Fire Department and
the Salem Fire Prevention Bureau be strictly adhered to .
Board of Appeal
Joseph C. Correnti, Secretary
DECISION ON THE PETITION OF J & G REALTY TRUST (OWNERS) , A-1 AUTO BROKERS, INC. ,
GARY NADEAU (PETITIONER) FOR SPECIAL PERMIT AT 42 JEFFERSON AVE. , SALEM
page three
NY
Special Permit Granted GlTY( Lr , _
May 15, 1991
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 t0 Section 17 of
the Mass. General Laws, Chapter 808, and shall be filed within 20 days
after the date of filing of this decision in the office of the City Clerk.
P,srcant to Mass. General Laws, Charier 308, Section 11, the Variance
_r I ec!al Permit granted herein shall not talcc effect until a copy of the
>rion, bearing the certification of the City Clerk that 20 days have
,:;a;,zed and no appecl has been filed, or that, if such appeal has been
Ned, that it has been dismisse0 or denied is recorded in the South Essex
Registry of Deeds and indexed under the name or the owner of record or
is recorded and noted on the owner's Certificate of Title.
BOARD OF APPEAL
n
of Salem, 'fflttssudjusetts
May 21 , 1991
NOTICE IS HEREBY GIVEN THAT AS OF THIS DATE THE DECISION OF
THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE CITY
CLERK TO GRANT THE PETITION OF GARY NADEAU, A-1 AUTO BROKERS
FOR A SPECIAL PERMIT TO ALLOW OUTSIDE DISPLAY OF CARS AT 42
JEFFERSON AVENUE.
BOARD OF APPEAL
Brenda M. Sumrall
Clerk of the Board
APPbaf from this decision, if any, shall be made pursuant to Section 17 of
the Mass.General Laws, Chapter 808, and shall be filed within 20 days
after the date.of fliins of this decision in the office of the City Clerk.
Pursuant to Mass. General Laws, Chapter 808, Section 11, the variance
or ?pecial Permit granted herein shall net take effect until a copy of the
decision, bearing the cer;wcavoo of the City Clerk that 20 days have
elapsed and no appsel has been lived. ,;r that, if such appeal has been
filed, that it has been dismissed or denied is recorded in the South Essex
Registry of Deeds and indexed under the name or the owner of record or
Is recorded and noted an the owner's Certificate of Title.
BOARD OF APPEAL -
'f
y (Iitu of �ttlem, ^4Fa55Zjrjju9et Mar Z I
TY IF
ISnttra of (A' peal
DECISION ON THE PETITION OF J & G Realty Trust (OWNER)
A-1 AUTO BROKERS, INC. ,GARY NADEAU (PETITIONER)
FOR SPECIAL PERMIT AT 42 Jefferson Avenue (R-1 )
A hearing on this petition was held on May 15, 1991r,
with the following Board Members present: Richard Bencal,
Chairman; Joseph Correnti , Edward Luzinski, Jane Stirgwolt, and
Richard Febonio.
Notice of the hearing was sent to abutters and others and
notices were properly published in the Salem Evening News in
accordance with Massachusetts General Laws Chapter 40A.
Petitioners are requesting a Special Permit in order to extend
the non-conforming use to allow outside car sales .
The provision of the Salem Zoning Ordinance which is
applicable to this request for a Special Permit is
Section VI B 10, 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 VIII F and IX
D, 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 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 consideration of the evidence
presented at the public hearing, makes the following findings
of fact:
1. The premises and building in question is a residential
home and a garage and lot in an R-1 zone.
1
DECISION ON THE PETITION OF J & 'G REALTY TRUST (OWNERS) , A-1 AUTO BAWs' 11
(PETITIONER) FOR SPECIAL PERMIT AT 42 JEFFERSON AVENUE, SALEM
page two
2 . All abutters of the premises were notified by mail of
this petition before the Board.
3 . That the proposed petition will allow the outside sales
of motor vehicles.
4 . That the Salem Licensing Board has granted licenses
since 1986 for the outside sales of motor vehicles , contrary to
the Board of Appeal decision dated September 24, 1986 . '
5. That the petitioner purchased the property in 1990 with
the knowledge and in reliance on the fact that a license to
sell vehicles was granted and in effect.
6 . That there also exists a two-family house on this
property and that three parking spaces are required for those
residents .
7. That the petitioner has cleared the side and rear yard
and that there is ample space for three automobiles to park in
the rear of the house.
On the basis of the above findings of fact, and of the
evidence presented at the hearing, the Board of Apneal
concludes as follows:
1. The proposed changes will not be substantially more
detrimental to the neighborhood than the existing
non-conforming use and can be granted in harmony with the
Zoning ordinance and without derogating from its intent or the
public good.
Therefore the Board of Appeal voted 5-0 to allow the Special
Permit requested subject to the following conditions:
1: That the petitioner will maintain three (3) parking
spaces in the rear of the house for residents use.
2. That any lighting of the car lot comply with existing
city ordinances .
3 . That all signage for the business comply with existing
and applicable ordinances, rules, and regulations .
4 . That all regulations of the Salem Fire Department and
the Salem Fire Prevention Bureau be strictly ad_heree�d� to.
Board of Appeal /
Joseph C. Correnti, Secretary
DECISION ON THE PETITION OF J & G REALTY TRUST (OWNERS) , A-1 AUTO BROKERS, INC. ,
GARY NADEAU (PETITIONER) FOR SPECIAL PERMIT AT 42 JEFFERSON AVE. , SALEM
page three
11ar1 All
Special Permit Granted OTSf9LL ',
May 15, 1991
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 Mass. General Laws, Chapter 808, and shall be filed within 20 days
of ter the date of filing of this decision in the office of the City Clerk.
Pc!ruant to Mass. Ceneral Laws, Chcpter 303, Section 11, the variance
ecoal Permit granted herein shall not to oa effect until a copy of the
Learing the certfication of the City Clerk that 20 days have
zed and no appeal has been filed, or that, if such appeal has been
W0, that it has been dismissed or denied is recorded in the South Essex
Registry of Deeds and indexed under the name er the owner of record or
is recorded and noted on the owner's Certificate of Title.
BOARD OF APPEAL
Mar �1
�I i t
i (I�ity of �ulem, ^fRassarijusettN ,ss
Botts of A
- , peal
" _rc
DECISION ON THE PETITION OF J & G Realty Trust (OWNER)
A-1 AUTO BROKERS, INC. ,GARY NADEAU (PETITIONER)
FOR SPECIAL PERMIT AT 42 Jefferson Avenue (R-1 )
A hearing on this petition was held on May 15, 1991,
with the following Board Members present: Richard Bencal,
Chairman; Joseph Correnti , Edward Luzinski , Jane Stirgwolt, and
Richard Febonio.
Notice of the hearing was sent to abutters and others and
notices were properly published in the Salem Evening News in
accordance with Massachusetts General Laws Chapter 40A.
Petitioners are requesting a Special Permit in order to extend
the non-conforming use to allow outside car sales .
The provision of the Salem Zoning Ordinance which is
applicable to this request for a Special Permit is
Section VI B 10, 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 VIII F and IX
D, 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 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 consideration of the evidence
presented at the public hearing, makes the following findings
of fact :
1. The premises and building in question is a residential
home and a garage and lot in an R-1 zone.
DECISION ON THE PETITION OF J & G REALTY TRUST (OWNERS) , A-1 AUTO BN� EC IS,
(PETITIONER) FOR SPECIAL PERMIT AT 42 JEFFERSON AVENUE, SALEM
Cli'i
page two
2 . All abutters of the premises were notified by mail of
this petition before the Board.
3 . That the proposed petition will allow the outside sales
of motor vehicles .
4 . That the Salem Licensing Board has granted licenses
since 1986 for the outside sales of motor vehicles , contrary to
the Board of Appeal decision dated September 24, 1986 . '
5. That the petitioner purchased the property in 1990 with
the knowledge and in reliance on the fact that a license to
sell vehicles was granted and in effect.
6 . That there also exists a two-family house on this
property and that three parking spaces are required for those
residents.
7. That the petitioner has cleared the side and rear yard
and that there is ample space for three automobiles to park in
the rear of the house.
On the basis of the above findings of fact, and of the
evidence presented at the hearing, the Board of AoDeal
concludes as follows:
1. The proposed changes will not be substantially more
detrimental to the neighborhood than the existing
non-conforming use and can be granted in harmony with the
Zoning ordinance and without derogating from its intent or the
public good.
Therefore the Board of Appeal voted 5-0 to allow the Special
Permit requested subject to the following conditions :
D. That the petitioner will maintain three (3) parking
spaces in the rear of the house for residents use.
2. That any lighting of the car lot comply with existing
city ordinances.
3 . That all signage for the business comply with existing
and applicable ordinances, rules, and regulations .
4 . That all regulations of the Salem Fire Department and
the Salem Fire Prevention Bureau be strictly adhered to.
Hoard of Appeal
Joseph C. Correnti, Secretary
DECISION ON THE PETITION OF J & G REALTY TRUST (OWNERS) , A-1 AUTO BROKERS, INC. ,
GARY NADEAU ( PETITIONER) FOR SPECIAL PERMIT AT 42 JEFFERSON AVE. , SALEM
page three
19ar �i IIsiM ri
Special Permit Granted Ifs
May 15, 1991
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 Mass. General Laws, Chapter 808, and shall be filed within 20 days
after the date of filing of this decision in the office of the City Clerk.
Pe?r.uant to Mass. General Laws, Chcpter 303, Section 11, the Variance
_r ')ecial Permit granted herein shall not take effect until a copy of the
. �rrian. Learing the certfication of the City Clerk that 20 days have
ced and no appeal has been filed, or that, if such appeal has been
f:Cd, that it has been dismissed or denied is recorded in the South Essex
Registry of Deeds and indexed under the name er the owner of record or
is recorded and noted On the owner's Certificate of Title.
BOARD OF APPEAL
e`
'y II sl �H '91
z (Eitu of _,!5Mar Z)
ttlem, fliassacilusett0
l= TY SS
ysi �Soarb of Aral ` `
DECISION ON THE PETITION OF J & G Realty Trust (OWNER)
A-1 AUTO BROKERS, INC. ,GARY NADEAU ( PETITIONER)
FOR SPECIAL PERMIT AT 42 Jefferson Avenue (R-1 )
A hearing on this petition was held on May 15, 1991,
with the following Board Members present: Richard Bencal ,
Chairman; Joseph Correnti , Edward Luzinski , IJane Stirgwolt, and
Richard Febonio.
Notice of the hearing was sent to abutters and others and
notices were properly published in the Salem Evening News in
accordance with Massachusetts General Laws Chapter 40A.
Petitioners are requesting a Special Permit in order to extend
the non-conforming use to allow outside car sales .
The provision of the Salem Zoning ordinance which is
applicable to this request for a Special Permit is
Section VI B 10, 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 VIII F and IX
D, 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 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 consideration of the evidence
presented at the public hearing, makes the following findings
of fact:
1. The premises and building in question is a residential
home and a garage and lot in an R-1 zone.
DECISION ON THE PETITION OF J & G REALTY TRUST (OWNERS) , A-t AUTO B kkziS, II 51
(PETITIONER) FOR SPECIAL PERMIT AT 42 JEFFERSON AVENUE, SALEM
page two C1rc:,ti' ; . - -
2. All abutters of the premises were notified by mail of
this petition before the Board.
3 . That the proposed petition will allow the outside sales
of motor vehicles .
4 . That the Salem Licensing Board has granted licenses
since 1986 for the outside sales of motor vehicles, contrary to
the Board of Appeal decision dated September 24 , 1986 . '
5 . That the petitioner purchased the property in 1990 with
the knowledge and in reliance on the fact that a license to
sell vehicles was granted and in effect .
6 . That there also exists a two-family house on this
property and that three parking spaces are required for those .
residents .
7. That the petitioner has cleared the side and rear yard
and that there is ample space for three automobiles to park in
the rear of the house.
On the basis of the above findings of fact, and of the
evidence presented at the hearing, the Board of A_oo_ eal
concludes as follows:
1. The proposed changes will not be substantially more
detrimental to the neighborhood than the existing
non-conforming use and can be granted in harmony with the
Zoning ordinance and without derogating from its intent or the
public good.
Therefore the Board of Appeal voted 5-0 to allow the Special
Permit requested subject to the following conditions:
1-. That the petitioner will maintain three (3) parking
spaces in the rear of the house for residents use.
2. That any lighting of the car lot comply with existing
city ordinances.
3 . That all signage for the business comply with existing
and applicable ordinances, rules, and regulations .
4 . That all regulations of the Salem Fire Department and
the Salem Fire Prevention Bureau be strictly adhered to .
4701
Hoard of Appeal
Joseph C. Correnti, Secretary
,
DECISION ON THE PETITION OF J & G REALTY TRUST (OWNERS) , A-1 AUTO BROKERS, INC. ,
GARY NADEAU (PETITIONER) FOR SPECIAL PERMIT AT 42 JEFFERSON AVE. , SALEM
page three
liar �i ►► 5� ��l
Special Permit Granted F1T' eS
S
P
May 15, 1991
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 Mass. General Laws, Chapter 808, and shall be filed within 20 days
after the date of filing of this decision in the office of the City Clerk.
Rasuant to Mass. General Laws, Ch:rter 303, Section 11, the Variance
_r ' -�cial Permit granted herein shall rot ta!m effect until a copy of the
bearing the certification of the City Clerk that 20 days have
ced and no appeal has been filed, or that, if such appeal has been
fled, that it has been dismisses or denied is recorded in the South Essex
Registry of Deeds and indexed under the name er the owner of record or
is recorded and noted on the owner's Certificate of Title.
BOARD OF APPEAL
APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . .
of �$tzltm, fflttssttcjusPits
;r �Rattrb of '4tenl
TO THE BOARD OF APPEALS:
The Undersigned represent that he is are the owners of a certain parcel of land loc ted
at N0. 4• • • .VL'!.FP. F.^!. . . . ✓. .V..�. . . . . . . • • • • • • • • • • • • • • • • • •Street; Zoning District..;4
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-
2
DIRECT APPEAL N <
D c-> 2-0 -n
W =17-
CL Lt lJ ,Jy-n
uJ d
rn
w
Q W N rTi
C3 3
The A-pIicati;on fon Permit was denied by the Inspector of Buildings for the following
reasons:
DIRECT APPEAL
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:
September 24, 1986, the Board granted a permit allowing an auto repair and sales
business. One of the conditions of this permit was that no cars be stored or displayed
outside. I am requesting a Variance at this time to allow outside display of cars.
t
Owner. .Y.f.( .!cEftlTy. . .7A-4s.7. . . . . . . . . . . .
Telephones0� 7 5,—.2�?.� . . . . . . . . . . . . .
G'Ah y /t//lbes+H
Petitioner.
Address. 06 �SSeoc Si:
Date. . . . . . . . . . . . . . . . . . . . . . Telephone JO.. . .. . .5 �.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. . . . . . . . . . . . . . . . . . . . . .. . . .
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
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DECISION ON OF CARLO MARFONGELLI, OWNER AND RICHARD DESESKM tETITIONER
FOR A SPECIAL PERMIT AT 42 JEFFERSON AVENUE. CITY
A hearing on the petition was held on September 24, 1986 with the following
Board Members present: James Hacker, Chairman, Messrs, Fleming, Bencal, Strout
and Luzinski. Notice of the hearing was sent to abuttors and others, and notices
of the hearing were properly published in the Salem Evening News, in accordance
with .the provisions of Massachusetts General Laws, Chapter 40A.
The petitioner, representing himself, requested a Special Permit to change
from one nonconforming use to another, namely a freight service to an auto repair
and sales business at 42 Jefferson Avenue. The property is located in on R-1
district.
The provision of the Salem Zoning Ordinance which is applicable to this' request
for a Special Permit is Section V B 10, 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 VIII F and IX D, grant Special Permits for alterations
and reconstuction of nonconforming structures, and for changes , enlargement,
extensionor expansion of nonconforming lots, land, structures, and uses,
provided, however,that such change, extension, enlargement or expansion
shall not be substantiallymore 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 till promote the Public Health,
safety, convenience and welfare, of the city's inhabitants.
The. Board of Appeal after consideration of tpe evidence presented at the hearing,
makes the following findings of fact:
1 . No support or opposition was raised to the plan.
2. The change in use is to a use similar to the existing im-4 and will
not be detrimental to the welfare of the residents of the City.
On the basis of the above findings of fact, and on the evidence presented at the
public hearing, the Board of Appeal concludes as follows:
1 . The proposed addition will improve the property;
2. The proposed addition will promote the welfare and convenience
of the City's inhabitants.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the
Special Permit requested subject to the following terms and conditions;
1 . The building is not to be altered in any material way.
2. No vehicles are to be stored or displayed outside the premises.
3. That the petitioner obtain all necessary licenses from the Salem
Licensing Board.
4 . That the petitioner obtain all the necessary approvals of the
Salem Fire Department, relative to fire prevention safety.
5. That the petitioner obtain an occupancy permit from the Salem
Building Inspector.
SPECIAL PERMIT GRANTED.
ames M. FT`eming, Es .
Member, Board of Appeal.
J
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GENERA' L! ° F.'. ... Ai i
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�HEC�AO OR Acu_RDED Adu _D ..i j :LRT1FiCAiE D TIT E.
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BOARD Of F?r AC
I
MINUTES - SEPTEMBER 24, 1986
page three
42 Jefferson Ave. - Richard Decesare (Petitioner) Carlo Marfongelli (Owner)
Petitioner is requesting a Special Permit to change from one nonconforming use to
another, namely, a freight service to an auto repair and sale in' this R-1 district.
Mr. Bencal read the application and a letter from the Fire Dept. , no objection.
Mr. Decesare represented himself. I am just looking for a Special Permit to
change one nonconforming use to another, I have permits from the Fire Dept. already.
No one appeared in favor or in opposition. Hearing closed. Mr. Fleming: will
you store cars in front? No Mr. Fleming: will you sell cars there? No, they
will be taken to auction. Every thing will be inside, I will not alter the buildin€
Mr. Fleming made a motion to grant the Special Permit requested on condition no
cars be stored outside the building, all applicable licenses and permits be obtainec
from the City of Salem Licensing Board, property be in compliance will all
requirements of the Salem Fire dept. and a Certificate of Occupancy be obtained.
Mr. Bencal seconded
UNANIMOUSLY GRANTED
3 Friend St. - Paul Ferris
Petitioner is requesting variances from lot area, rear yard setback, lot coverage
and other density requirements to allow construction of a duplex in this R-2
district. Mr. Bencal read the application and a letter from the Fire Dept. , no
objection. Attorney John Serafini Sr. , represented the petitioner. He submitted a
copy of the Assessors map showing the lot in question which contains 4,100 sq.ft. ,
he indicated the surrounding lots which ranged from 1 ,150 feet to 4,100 feet. Most
of them containing less than the 4,100 sq.ft. He also displayed pictures of the
lot. My client purchase the property in April of this year, there was a house
on this lot which was destroyed by fire about two years ago. According to the
Zoning Ordinance if a building is more than 50% destroyed by any means in can only
be built according to todays zoning. Which is why we are here tonight. My client
has met with the neighbors to review his plans and to try to alleviate their
concerns. These meetings were held at the suggestion of Councillor McCabe. The
proposed plan calls for construciton of a duplex dwelling approximately 24, x 461 ,
there is sufficient parking for four cars. This is an R-2 district, so the use
is an allowed use. There was a building, as I said, on this lot. I believe it was
a single family, Mr. Ferris bought this property with the intention of demolishing
the building which had been gutted by the fire, and building a duplex. Due to
the configuration of the lot and its topography, developing this is difficult, part
of the lot is ledge. As I said, we have met with the neighbors and tried to
satisfy their concerns, the building was shifted, parking plans were spelled out,
we would have room for four parking spaces, but with the landscapingthis did not
satisfy all the concerns. I think the question the Board has to decide is if a
brand new duplex with on site parking is going to create a problem. Something is
going to built on this property. With the on site parking the traffic situation
is certainly helped. The neighbors do not want anything there, but that is not
realistic. If you look at the lots in the area you will see this is in harmony.
the question is how much harm this will create if it is granted, I submit it will
not cause any harm, on the contrary, it will improve the area, we will be getting
rid of an unsightly area. We have tried at three differenct meetings to resolve
the problems with the neighbors, but cannot satisfy everyone. No one appeared in
favor. Speaking in opposition. William Melanson, 103 Mason St. , my main concern
is with arson, this is a grossly congested area, the idea of a developer coming in
and developing this and creating a fire problem, causes me great concern.
Michael McKinnon, 101 Mason St. , Mr. Ferris was informed before he purchased the
lot that it was undersized. I am opposed to the position of the house, the
DATE OF PERMIT PERMIT NO. OWNER LOCATION
DWELLING MATERIAL DIMENSIONS I NO.OFSTORIES NO.OFFAMILIES WARD BUILDER - COST
POCKET FOLDER
OTHER BLDGS. I MATERIAL DIMENSIONS NO.OF STORIES I BUILDER
PLAN NO.SHE
I
1.17 #12 Tear down old porches extend and-rebuild. 6 69500.
(rain Labrecque & 6ox)
12/26/73 To replace and extend first and secound floor porches.
j Grandtex/
BOARD OF APPEAL: 9/24/86 - GRANTED - Special Permit to go from one nonconforming use
to another, namely, freight service to an auto repair and sales business.
(Richard Decesare, petitioner) ; Carlo Marfongelli, (owner)
Metal Cabinet Pocket 12 Folder 2
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1 "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 Gary Nadeau,
A-1 Auto Brokers,Inc.for a Variance to allow out-
side display of cars at 42 Jefferson Ave.(R-1).Said
hearing to be held Wednesday, May 15, 1991 at
7:00 P.M., One Salem Green, 2nd Floor.
RICHARD A. BENCAL, Chairman
I May 1, 8, 1991
' 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 Gary Nadeau,
z A-1 Auto Brokers,Inc.for a Variance to allow out-
side display of cars at 42 Jefferson Ave.(R-1).Said
hearing to be held Wednesday, May 15, 1991 at
I,I 7:00 P.M., One Salem Green, 2nd Floor.
RICHARD A. BENCAL, Chairman
May 1, 8, 1991
I 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 Gary Nadeau,
A-1 Auto Brokers,Inc.for a Variance to allow out-
side display of cars at 42 Jefferson Ave.(R-D.Said
i hearing to be held Wednesday, May 15, 1991 at
7:00 P.M., One Salem Green, 2nd floor.
RICHARD A. BENCAL, Chairman
May 1, 8, 1991
CITY OF SALEM
j $OARD OF APPEAL
745-9595 Ext. 381
EWill hold a public hearing for all persons inter-
ested in the petition submitted by Gary Nadeau,
i A-1 Auto Brokers,Inc.for a Variance to allow out-
side display of cars at 42 Jefferson Ave.(11-1).Said
i hearing to be held Wednesday, May 15, 1991 at
7:00 P.M., One Salem Green, 2nd floor.
May 1, g, 199RICHARD A. BENCAL, Chairman
APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . .
of "ittl>em, � ttssttcl tsE s
13 curb of cA"rnl
TO THE BOARD OF APPEALS:
The Undersigned represent that he is are the owners of a certain parcel of land loc ted
at N0. ` . . . .V�!.F�"SC �•.• • • /�'!.(:• '• • • • • • • • • • • • • • • • • • • • • • • •Street; Zoning District s/.
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-
DIRECG APPEn
VIA
Dc7
rr 'o
n:
rl
rn
The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
DIRECT APPEAL
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:
September 24, 1986, the Board granted a permit allowing an auto repair and sales
business. One of the conditions of this permit was that no cars be stored or displayed
outside. I am requesting a Variance at this time to allow outside display of cars.
Owner. .V. .� !CE tlry (:�!aS!. . . . . . . . . . . . .
Address 4,45� . .J,'M�6?. .!`'f� . . .
Telephones f.�.4 . . . . . . . . . . . . .
G-fra y �/.Aaeos
Petitioner. q-� . !��?To, . ,and�� .l.''�:. . . . .
Date. . . . . . . . . . . . . . . . . . . . . . Telephone JOS- ,�� -12
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. . . . . . . . . . . . .. . . . . . . . . . . . .
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
4
l
.c<mm4
y `° f1Lit of ialem, ttssttclju�efts
PII&rb of Appud QCT 14 8 05 QH X86
DECISION ON OF CARLO MARFONGELLI, OWNER AND RICHARD DESESARS,PETITIONER
FOR A SPECIAL PERMIT AT 42 JEFFERSON AVENUE. CITY CL�01 St: EM,M►SS.
A hearing on the petition was held on September 24, 1986 with the following
Board Members present: James Hacker, Chairman, Messrs, Fleming, Bencal, Strout
And Luzinski. Notice of the hearing was sent to abuttors and others, and notices
of the hearing were properly published in the Salem Evening News, in accordance
with .the provisions of Massachusetts General Laws, Chapter 40A.
The petitioner, representing himself, requested a Special Permit to change
from one nonconforming use to another, namely a freight service to an auto repair
and sales business at 42 Jefferson Avenue. The property is located in on R-1
district.
The provision of the Salem Zoning Ordinance which is applicable to this' request
for a Special Permit is Section V B 10, which provides as follows: r
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 V111 F and 1X D, grant Special Permits for alterations
and reconstuction of nonconforming structures, and for changes , enlargement,
extensionor expansion of nonconforming lots, land, structures, and uses,
provided, however,that such change, extension, enlargement or expansion
shall not be substantiallymore 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 till promote the Public Health,
safety, convenience and welfare.of the city's inhabitants.
t I
The Board of Appeal after consideration of tpe evidence presented at the hearing,
makes the following findings of fact:
1 . No support or opposition was raised to the plan.
2. The change in use is to a use similar to the existing mv,-4and will
not be detrimental to the welfare of the residents of the City.
On the basis of the above findings of fact, and on the evidence presented at the
public hearing, the Board of Appeal concludes as follows:
1 . The proposed addition will improve the property;
2. The proposed addition will promote the welfare and convenience
of the City's inhabitants.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the
Special Permit requested subject to the following terms and conditions;
u
' e
1 . The building is not to be altered in any material way.
2. No vehicles are to be stored or displayed outside the premises.
3. That the petitioner obtain all necessary licenses from the Salem
Licensing Board.
4 . That the petitioner obtain all the necessary approvals of the
Salem Fire Department, relative to fire prevention safety.
S. That the petitioner obtain an occupancy permit from the Salem
Building Inspector.
SPECIAL PERMIT GRANTED.
ames M. Fleming, E-A7
Member, Board of Appeal
. _ _d,',:4'; T= S°'TI?.. :7 ;F '.535
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BOARD U ;PF-4L .
DATE OF PERMIT PERMIT NO. OWNER LOCATION '`
DWELLING MATERIAL DIMENSIONS tl NO.OF STORIES NO.OF FAMILIES WARD /BUILDER
/UU II IL.DER -- COST
13 //1��
POCKET FOLDER
OTHER OLDGS. I MATERIAL DIMENSIONS NO.OF STORIES I BUILDER
PLAN NO.SHE
I
1.17 #12 Tear down old perches,extend and-rebuild. 6r500-
tka" Labrecque & Sea)
12/26/73 To replace and extend first and eecound floor porches.
I
Grandtex/
BOARD OF APPEAL: 9/24/86 - GRANTED - Special Permit to go from one nonconforming use
to another, namely, freight service to an auto repair and sales business.
(Richard Decesare, petitioner) ; Carlo Marfongelli, (owner)
Metal Cabinet Pocket 12 Folder 2
DATE OF PERMIT PERMIT NO. OWNER LOCATION
IV
DWELLING MATERIAL DIMENSIONS S NO.OFSTORIES NO.OFFAMILIES WARD BUILDER - COST
y I 13 I�
POCKET NOLDER
SHE
OTHER SLOGS. MATERIAL DIMENSIONS NO.OF STORIES I BUILDER
PLAN
1.17 012 Tear down old perches,extend andrebuild. 0 69500.
(rain Labreeque & Son)
12/26/73 To replace and extend first and 6ecound floor porches .
Grandtex/
BOARD OF APPEAL: 9/24/86 - GRANTED - Special Permit to go from one nonconforming use
to another, namely, freight service to an auto repair and sales business.
(Richard Decesare, petitioner) ; Carlo Marfongelli, (owner)
Metal Cabinet Pocket 12 Folder 2
DATE OF PERMIT PERMIT NO. OWNER LOCATION
311 ? V� I j� -V . �� � (, I
DWELLING MATERIAL DIMENSIONS NO.OFSTORIES NO.OF)FAMMIILIES WARD BUILDER - COST
..l. POCKET I FOLDER
OTHER SLOGS. I MATERIAL DIMENSIONS NO.OF STORIES I BUILDER I
PLAN NO.-SHE
•
1.17 012 Tear down old perches,extend andrebuild. 6 69500.
(rau4 Labrecque & Sea)
12/26/73 To replace and extend first and secound floor porches.
Grandtex/
BOARD OF APPEAL: 9/24/86 - GRANTED - Special Permit to go from one nonconforming use
to another, namely, freight service to an auto repair and sales business.
(Richard Decesare, petitioner) ; Carlo Marfongelli, (owner)
Metal Cabinet Pocket 12 Folder 2
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d
DECISION ON THE PETITION OF J & G Realty Trust
FOR SPECIAL PERMIT AT 42 Jefferson Avenue
A hearing on this petition was held on May 15, 1991,
with the following Board Members present: Richard Bencal,
Chairman; Joseph Correnti, Edward Luzinski, Jane Stirgwolt, and
Richard Febonio .
Notice of the hearing was sent to abutters and others and
notices were properly published in the Salem Evening News in
accordance with Massachusetts General Laws Chapter 40A.
Petitioners are requesting a Special Permit in order to extend
the non-conforming use to allow outside car sales .
The provision of the Salem Zoning Ordinance which is
applicable to this request for a Special Permit is
Section VI B 10, 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 VIII F and IX
D, 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 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 consideration of the evidence
presented at the public hearing, makes the following findings
of fact:
1. The premises and building in question is a residential
home and a garage and lot in an R-1 zone.
2 . All abutters of the premises were notified by mail of
this petition before the Board.
3 . That the proposed petition will allow the outside sales
of motor vehicles .
4 . That the Salem Licensing Board has granted licenses
since 1986 for the outside sales of motor vehicles, contrary to
the Board of Appeal decision dated September 24 , 1986 .
5 . That the petitioner purchased the property in 1990 with
the knowledge and in reliance on the fact that a license to
sell vehicles was granted and in effect.
6 . That there also exists a two-family house on this
property and that three parking spaces are required for those
residents .
7 . That the petitioner has cleared the side and rear yard
and that there is ample space for three automobiles to park in
the rear of the house.
On the basis of the above findings of fact, and of the
evidence presented at the hearing, the Board of Appeal
concludes as follows :
1. The proposed changes will not be substantially more
detrimental to the neighborhood than the existing
non-conforming use and can be granted in harmony with the
Zoning ordinance and without derogating from its intent or the
public good.
Therefore the Board of Appeal voted 5-0 to allow the Special
Permit requested subject to the following conditions :
1. That the petitioner will maintain three (3) parking
spaces in the rear of the house for residents use.
2 . That any lighting of the car lot comply with existing
city ordinances .
3 . That all signage for the business comply with existing
and applicable ordinances, rules, and regulations .
4 . That all regulations of the Salem Fire Department and
the Salem Fire Prevention Bureau be strictly adhered to .
Board of Appeal
Joseph C. Correnti , Secretary
May 16, 1991