60 JEFFERSON AVENUE - ZBA 60 Jefferson Ave.
Stephens Auto Sales, Inc. -
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DECISION OF THE PETITION OF STEPHEN AUTO SALES REQUESTIIvrG , . tA,�
A VARIANCE FOR THE PROPERTY LOCATED AT 60 JEFFERSON AVENUE" (R_i; 9trIct:
A hearing on this petition was held October 18, 1995 with the following
Board members present: Stephen Touchette, Chairman; Gary Barrett, Albert
Hill, Nina Cohen, and Arthur LeBrecque. 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, owners of the property request a Variance for a Change of Use
to allow sale of used cars for the property located at 60 Jefferson Avenue.
The Variance which has been requested may be granted upon a finding of this
Board that:
1 . Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land, buildings, or structures in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1. Petitioner, Stephen's Auto Sales leases the subject property from its
owner James Bailey.
2. The owner previously sold used cars at the subject location.
3. The previous property owner had also sold used cars at the subject
property.
4. An automotive repair shop is operated out of the rear of the building
located on the property.
5. The subject property is licensed for the sale of 10 used cars on site
by the Salem Licensing Board.
6. An automobile related business has been conducted on the subject
property for over 20 years.
7. The surrounding neighborhood consists of an automobile repair station,
a furniture store, a vehicle/maintenance garage, Bob's Carburetor shop;
a bus company and a residential property.
8. Mr. Bertuccio, an abutting property owner, through his Attorney Neil
Hourihan, expressed his support for the petitioner.
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VARIANCE FOR THE PROPERTY' - OCATED AT 60 JEFFERSONyAVENUE iR-1 )
page two
9 . Petitioner, through his attorney, Stephen Lovely, expressed a
willingness to limit the number of used vehicles displayed on the
property for sale.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property
and not the district in general .
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
3. Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted 4-1 to grant the variance
requested, subject to the following conditions:
1 . Petitioner shall comply with all city and state statures, ordinances,
codes and regulations .
2. Petitioner shall display no more than (7) seven used cars .
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4. A Certificate of Inspection shall be obtained.
5. Petitioner shall obtain proper street numbering from the City of Salem
Assessor's Office and display said number so as to be visible from the
street.
Variance Granted
October 18,1995 ✓ JJ• '� J
Gary B rett
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
the Massachusetts General Laws 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 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 certification 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 teen 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.
Board of Appeal
Clitg of iMan, Auss ar4usetto
3 _ Office of tot 0tg &Undl
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COUNCILLORS-AT-LARGE SARAH M.HAYES WARD COUNCILLORS
PRESIDENT
DEBORAH E.BURKINSHAW 1995
1995 CITY CLERK GEORGE A.AHMED
WILLIAM RUSSELL BURNS,JR. KEVIN R.HARVEY
GEORGE P.McCABE JOHNJ.DONAHUE
JANE STIRGWOLT LEONARD F.O'LEARY
STANLEY J.USOVICZ,JR. DAVID B.GAUDREAULT
SARAH M.HAYES
MARK E BLA,R
September 20, 1995
Mr. Stephen Touchette, Chairman
Board of Appeal
City of Salem
Salem, MA 01970
Dear Chairman Touchette and members of the Board:
I would like to be recorded as in favor of the
petition of Stephens Auto Sales for a variance to expand
his business at 60 Jefferson Avenue.
I believe that we should support growing Salem
businesses that have no deleterious impact on the
residential neighborhoods .
Very truly yours,
KEVIN R. HARVEY
COUNCILLOR WARD TW