42 JEFFERSON AVENUE - ZBA 42 Jefferson Ave.
Richard Decesare (Pet)
_ i Carlo Marfongelli (Own)
I
q _ I
DATE OF HEARING / l /�
PETITIONER
LOCATION_
I
MOTION: TO GRANT SECOND
ii
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
JAMES FLEMING
JAMES HACKER
EDWARD LUZINSKI
PETER STROUT
ASSOCIATE MEMBERS
PETER DORE
ARTHUR LABRECOUE
CONDITIONS:
T�
-- -- ---......--- - -- .-..--- --- -- -o
DATE OF PERMIT PERMIT NO. OWNER LOCATION
DWELLING MATERIAL DIMENSIONS S NO.OF1S/TORIES NO.OF)FAMMIILIES WARD BUILDER - COST
/J f
PO"CT FOLDER
OTHER BLCOS. I MATERIAL DIMENSIONS NO.OF STORIES I BUILDER
PLAN
1.17 #12 Tear down old porchestextend and-rebuild. 4 69500.
(Yau4 Labrecque & Son)
12/26/73 To replace and extend first and eecound 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
f1�i# ofttlem, ttssttcl#use##s
aura of eul
OCT IQ 8 06 V IS
DECISION ON OF CARLO MARFONGELLI, OWNER AND RICHARD DESESARS,tETITIONER
FOR A SPECIAL PERMIT AT 42 JEFFERSON AVENUE. e4Ty .sst.EM.NAss:
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 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.
The Board of Appeal after consideration of the 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 iY; 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 isnot 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 petitionerobtain 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
i
Building Inspector.
SPECIAL. PERMIT GRANTED - -
ames M. Fleming, Es .
Member, Board of Appeal
GE:EHS l C _ - 7. :F -
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- - __ - - - -- - . .. _ -- - - - = --_ '- - - - - BOARD OF ;PF-4L - - _
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ofttiem, Httssttcu$e##s
PIoxrb of �kppeal
October 20, 1986
Notice is hereby given that as of October 14, 1986 the
decision of the Board of Appeal has been filed in the
office of the City Clerk to grant the petition of Richard
Decesare for a special permit to change from one nonconforming
use to another at 42 Jefferson Ave.
BOARD OF APPEAL
Brenda M. Sumrall
Clerk
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LAW'S, CHAPTER 308, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSANT TO MASS. GENERAL LAWS, CHAPTER 808, SECTION 11, THE VARIANCE OR SPECIAL PERMIT
GRANTED HEREIN, SHALL NOi TAME EFFECT UNTIL A COPY OF THE DECISION, BEARING THE CERT-
FICATION OF THE CITY CLERK THAT 20 DAYS HATE ELAPSED AND NO APPEAL HAS BEEN FILED,
dR THAT, IF SUCK 0 APPEAL HAS BEEN FILE, THAT IT HAS BEEN DISMISSED OR DENIED IS
RECORDED IN THE SOUTH ESSEX RE3ISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER
OF RECORD OR IS RECORDED AND NOTED ON THE O'WNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . .
(gitu of iafem, ' assadjuseffs
oarb of eal
TO THE BOARD OF APPEALS:
The Undersigned represent that he is are the owners of a certain parcel of land located
at NO. . , 42 Jefferson_ Avenue, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,Street; Zoning District. . . . . .
R:1 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.
The petitioner requests the alteration of an existing non-conforming use.
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The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
The application requests the alteration of an existing non-conforming use from
a freight service business to an auto repair and sales business.
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
Zoni.ng. 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:
The request for a Special Permit is. for the alteration of an existing non-
conforming use in an R-1 district, and it is, the belief of the petitioner that
the alteration, as- required by Section VII-E :(4) of the Salem Zoning Ordinance, is
equally or more appropriate to the district than the existing non conforming use. .
o. `' ��U�' - Carlo Marfongelli
,_,: Owner. . . . . . . . .. . . . . . . . . . . . . . .
CD r Address. . . . 42 Jefferson Avenue, Salem
N_
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C__ Telephone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
n
Richard Decesare
Petitioner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address, , , 16 Pratt Street;Salem
Date. . . , . . . 745-2165
Telephone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
By. . � ` . . . . . . . . . .
Three copies of the application must be filed with the Secretary of the Board of Y # r
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.
NO....................................
PETITION TO BOARD OF APPEALS
LOCATION
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PETITIONER..........................................
ADDRESS...............................................
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CONDITIONS
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PETITION APPROVED.................... ❑
DENIED......................... } t'
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APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . .
T Ott of "'Mem, tt�� cl�use4ts
Poarb of Appral
�~4CtP4.V'
TO THE BOARD OF APPEALS.
The Undersigned represent that he is are the owners of .a certain parcel of land located
at NO. . .42 ,Jettexsau .Avenue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning District. . . . . .
" . . . . . . . .R:1 . . . . . . . . . . . . . . . . . . . . . : 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.
The petitioner requests the alteration of an existing non-conforming use.
The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
The application requests the alteration of an existing non-conforming use, from
a freight service business, to an auto repair and sales business.
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 ,nay be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons:
The request for a Special Permit, is for the alteration of an existing non-
conforming use in an R-1 district, and it is the belief of the petitioner that the
alteration, as" required by Section VIT-E (4) of the Salem Zoning Ordinance, is
equally or more appropriate to the district than the existing non-conforming use.
Owner. Carlo Marfonpelli
42 Jefferson Avenue. Salem,. MA
Address. . . . . . . . . .
Telephone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
W ' Richard Decesare
C) p Petitioner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Address. . . . , ,16 Pratt Street, Salem, MA
C dux- V . . .
Date. .aWugust .L8,. .L98b . . . 745-2165
Telephone. . . . . . . . . .p. . . . . . . . . . . . . . . . . . . . . . . . .
By. . .( � � `. !. . . 1.J� � ?� tft-. . . . . . . . . . . .
;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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NO...... .............................
PETITION TO BOARD OF APPEALS i `
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LOCATION i s
............. .................................................. '.
PETITIONER..........................................
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ADDRESS............. .................................
CONDITIONS
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PETITION APPROVED.................... ❑ 3 i ar
DENIED.........................
.................................................... 19.........
SALEM FIRE DEPARTMENT
FIRE PREVENTION BUREAU
48 LAFAYETTE STREET
SALEM, MA 01970
. (617) 745-7777
TO: Board of Appeal
FROM: Fire Prevention Bureau
RE: Comments relative to Agenda of September 24, 1986
3 Friend Street
Paul .Ferris
Hearing date: 9/24/86,
The Salem Fire Department has no objection to the granting of a Variance
to allow construction of a two family dwelling at #3 Friend Street,
provided that plans are presented to the Fire Prevention Bureau for
approval prior to the issuance of a building permit.
The owner of such property shall , upon completion of the building, obtain
compliance with the provisions of Chapter 148, Section 26E, Massachusetts
General Laws, relative to the installation of automatic smoke detectors.
8 Lawrence Street
Eleanor Scialdone
Hearing date: 9/24/86
The property located at #8 Lawrence Street has no current compliance with
the provisions of Chapter 148, Section 26E, Massachusetts General Laws,
relative to the installation of automatic smoke detectors.
The Salem Fire Department has no objection to the granting of a Special
Permit and/or Variance to allow a second dwelling unit provided that plans
for the proposed construction are presented to the Fire Prevention Bureau
prior to the issuance of a building permit, and that the owner obtain
compliance for the two-family dwelling prior to the issuance of a
certificate of occupancy.
357 La£gk/ette Street
Paulette Gebauer
Hearing date: 9/24/86
The property located at #357 Lafayette Street is currently in compliance
with the provisions of Chapter 148, Section 26E, Massachusetts General
Laws, relative to the installation of automatic smoke detectors in a
three-family dwelling.
The Salem Fire Department has no objection to the granting of a Variance
to allow a three family dwelling at .this location.
95-101 Congress Street
H & R Realty Trust
Hearing date: 9/24/86
The Salem Fire Department has no objection to the granting of Variances
and/or Special Permit to allow construction of ten residential housing
units at 95-101 Congress Street. The owner of such property has presented
plans for the proposed construction to the Fire Prevention Bureau
indicating the type and location of fire alarm devices to be installed.
.The proposed construction shall be in accordance with all applicable
provisions of the Massachusetts General Laws, the Massachusetts State
Building Code, the Salem Fire Prevention Regulations, and any applicable
State or local codes, ordinances, or regulations.
18 Briggs Street
Timothy Berry
Hearing date: 9/24/86
The property located at #18 Briggs Street is currently in compliance with
the provisions of Chapter 148, Section 26E, Massachusetts General Laws,
relative to the installation of automatic smoke detectors.
The Salem Fire Department has no objection to the granting of a Special
Permit for construction of a deck at this location.
204 Highland Avenue
Mary Jane & Robert Kart
Northeast Animal Shelter
Hearing date: 9/24/86
The Salem Fire Department has no objection to the granting of a Special
Permit to construct an accessory building at #204 Highland Avenue provided
that Plans for such construction are presented to the Fire Prevention
Bureau prior to the issuance of a building permit.
2 Liberty Hill Avenue
John B. Giunta
Hearing date: 9/24/+36
The property located at #2 Liberty Hill Avenue has current compliance with
the provisions of Chapter 148, Section 26E, Massachusetts General Laws,
relative to the installation of automatic smoke detectors.
The Salem Fire Department has no objection to the granting of a Variance
and/or Special Permit to allow a second dwelling unit provided plans are
presented to the Fire Prevention Bureau for approval prior to the issuance
of a building permit.
42 Jefferson Avenue
Richard Decesare
Hearing date: 9/24/86
The Salem Fire Department has no objection to the granting of a Special
Permit to change from gone non-conforming use to another (auto repair and
sales) at #42 Jefferson Avenue.
The operator of this business has complied with all applicable regulations
relative to the operation of a repair garage facility.
4 C131 leg ew salem decesare 02
- 5e091786 ,
CITY OF SALEM
BOARD OF APPEAL
j 745.0215
Will hold a public hearing for all persons in.
�I terested in the petition submitted by Richard
jl Decesare for a Special Permit to change from
one nonconforming use to another,namely from
a freight service to an auto repair and sales at 42
Jefferson Ave. (R-1): Said hearing to be held
Wednesday,September 24,1986 at 7:00 P.M.,One
Salem Green,2nd floor.
JAMES B. HACKER,Chairman
September 10, 17, 1986
C131 leg ew salem decesare 92
- 5e 0917 86
`I CITY OF SALEM
�I BOARD OF APPEAL
745.9215
-� Will hold a public hearing for all persons in.
terested in the petition submitted by Richard
Decesare for a Special Permit to change from
one nonconforming use to another,namely from
a freight service to an auto repair and sales at 42
Jefferson Ave. (R-1). Said hearing to be held
Wednesday,September 24,1986 at 7:00 P.M.,One
Salem Green,2nd floor.
JAMES B.HACKER, Chairman
September 10,17, 1986
-! C131 leg ew salem decesare 02
5e091786
I, CITY OF SALEM
BOARD OF APPEAL
745.0215
_ Will hold a public hearing for all persons in-
��i - terested in the petition submitted by Richard
I� Decesare for a Special Permit to change from
- one nonconforming use to another,namely from
� a freight service to an auto repair and sales at 42
Jefferson Ave. (R-1). Said hearing to be held
I. Wednesday,September 24,1986 at 7:00 P.M.,One
Salem Green,2nd floor.
- - - JAMES B.HACKER, Chairman
September 10,17,1986
l C131 leg ew salem decesare 02
4 Se091796
i. CITY OF SALEM
BOARD OF APPEAL
745-0215
-� Will hold a public hearing for all persons in-
terested in the petition submitted by Richard
�j Decesare for a Special Permit to change from
- one nonconforming use to another,namely from
a freight service to an auto repair and sales at 42
Jefferson Ave. (R-1). Said hearing to be held
Wednesday,September 24,19H at 7:00 P.M.,One
Salem Green,2nd floor..
JAMES B.HACKER,Chairman
September 10,17,1986
C131 leg ew salem decesare 02
I, 5e091786 -
I4I CITY OF SALEM
BOARD OF APPEAL
745-0215
Will hold a public hearing for all persons in.
�j terested in the petition submitted by Richard
Decesare for a Special Permit to change from
one nonconforming use to another,namely from
I� a freight service to an auto repair and sales at 42
Jefferson Ave. (R-1). Said hearing to be held
Wednesday,September 24,1989 at 7:00 P.M.,One
Salem Green,2nd floor.
- JAMES B.HACKER,Chairman
September 10,17,1986
C131 leg ew Salem decesare 02
5 e 08 17 86
CITY OF SALEM
BOARD OF APPEAL
745-0215
-- Will hold a public hearing for all persons in-
terested in the petitionsubmitted by Richard
l Decesare for a Special Permit to change from
ji one nonconforming use to another,namely from
ii a freight service to an auto repair and sales at 42
itLeptember
: Jefferson Ave. (R-1). Said hearing to be held
September 24,1980 at 7:00 P.M.,One
,2nd floor.
JAMES B. HACKER, Chairman
0,17, 1980
.:. t
C131 leg ew salem decesare 02
5 e 09 17 36
CITY OF SALEM
BOARD OF APPEAL
I - 795.0215
Will hold a public hearing for all persons in.
i. terested in the petition submitted by Richard
Decesare for a Special Permit to change from
one nonconforming use to another,namely from
u a freight service to an auto repair and sales at 92
Jefferson Ave. (R-1). Said hearing to be held
- Wednesday,September 29,1906 at 7:00 P.M.,One
Salem Green,2nd floor.
JAMES B.HACKER, Chairman
September 10,17,1986
Li C131 leg ew salem decesare 02 `
it Se091786
I. CITY OF SALEM
BOARD OF APPEAL
I 7/5-0215
--! Will hold a public hearing for all persons in.
:I terested in the petition submitted by Richard
.� Decesare for a Special Permit to change from
one nonconforming use to another,namely from
II a freight service to an auto repair and sales at 32
I Jefferson Ave. (R-1). Said hearing to be held
Wednesday,September 24,1986 at 7:00 P.M.,One
Salem Green,2nd floor.
JAMES B.HACKER, Chairman
September 10,17, 1986
!
I I
CC131 leg ew salem decesare 02
5 e 0917 86
CITY OF OF SALEM
BOARD OF APPEAL
i� . 745.0215
Will hold a public hearing for all persons in.
I terested in the petition submitted by Richard
� Decesare for a Special Permit to change from
I one nonconforming use to another,namely from
a freight service to an auto repair and sales at 42
j Jefferson Ave. (R-1). Said hearing to be held
Wednesday,September 24,1986 at 7:00 P.M.,One
Salem Green,2nd floor.
-- JAMES B.HACKER,Chairman
September 10, 17,1986
BOARD OF ASSESSORS
93 WASHINGTON STREET. CITY HALL.SALEM. MASSACHUSETTS 01970 (617) 744-0660
ABUTTERS
'+ecl,m'F,dJ'
AUGUST 29, 1986
TO: 42 JEFFERSON AVE: ASSESSED OWNER: JOSEPH MARFONGELLI MAP 25 LOT 387
MAP LOT LOCATION ASSESSED OWNER MAILING ADDRESS
25 386 44 JEFFERSON AVE AUGUSTO DACUNHA 41 HANCOCK AVE
MEDFORD, MA 02155
25 384 48 JEFFERSON AVE JOSEPH INGEMI JR SAME AS LOCATION
25 388 38 JEFFERSON AVE T E ANDRESEN INC "
25 400 25 CALABRESE ST GEORGE HASHEM & ✓ "
SOPHIE HASHEM
25 399 23 CALABRESE ST ANNA YAROSH ✓ "
25 398 21 CALABRESE ST RITA HIGLEY "
25 397 19 CALABRESE ST LOUIS ROBICHEAU & f "
ANITA ROBICHEAU V
25 396 17 CALABRESE ST VINCENT FURFARO & .f "
MARY PANEVINO
25 395 34 JACKSON ST REAR SOUSA J .R. & SONS INC 29 ANDOVER ST
DANVERS, MA 01923
25 389 30 JEFFERSON AVE BOSTON & MAINE R R / 150 CAUSEWAY ST
C/O EDMOND LEBLANC J BOSTON, MA 02114
25 654 53 JEFFERSON AVE NEWARK BOXBOARD CO SAME AS LOCATION
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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.
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 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 Per.:,it 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.
- - - - - --�-�- R-- - -�-�1 - - - - , 1 -1-llC
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