62 JEFFERSON AVENUE - ZBA (2) L
.A
�gONUlTggo
CITY OF S.ALEM 1VIkSSACHUSETTS
9
BOARD OF APPEAL
MINE D� 120 WASHINGI'UN SIREE F ♦ S U.PU,\LASS V:1111S)'T[S 0197c 0
Knui1;R1.r:1'DRISCOLL Tri.r::978-745-9595 ♦ F\x:978-740-9846 m n
MAYOR F t
n m Ln
December 5, 2013 '' D
Y_
Decision s �'
v tV
City of Salem Board of Appeals N ro
Petition of MICHAEL MCLAUGHLIN requesting a Special Permit under Section 3.3.2
Nonconforming Uses of the Salem Zoning Ordinance to allow use of the property for auto repair,
auto part sales, boat and engine service, and auto body work, at the property located at 62
JEFFERSON AVE (RI Zoning District).
A public hearing on the above Petition was opened on November 20, 2013 pursuant to M.G.L Ch. 40A, 9 11.
The hearing was closed on that date with the following Salem Board of Appeals members present: Ms.
Curran (Chair), Mr. Duffy, Mr. Watkins, and Mr. Tsitsinos.
The Petitioner seeks a Special Permit under Section 3.3.2 Nontoi!l 7rring User of the Salem Zoning Ordinance.
Statements of fact:
1. In the petition date-stamped October 30, 2013, the Petitioner requested a Special Permit to allow the
following nonconforming uses: auto repair, auto part sales, boat and engine service, and auto
bodywork, at the property located at 62 Jefferson Avenue.
2. Mr. Michael McLaughlin, the Petitioner, presented the petition for the property at 62 Jefferson
Avenue.
3. Mr. McLaughlin bought the existing auto repair building in 2006. Since that time he has appeared
before the Board of Appeals twice to request Special Permits for nonconforming uses for various
businesses that he has leased his space to.
4. The Petitioner is appearing to request a Special Permit to allow auto repair, auto part sales, boat and
engine service, and auto body work, so that he can lease his space to businesses suited to the building
without having to appear before the board for every new tenant. Additionally, the Petitioner has a
new tenant that operates a boat repair business, which the Petitioner would like to be allowed under
the Special Permit.
5. The property is in an R-1 zoning district. The property is located in an area with other mdustrial and
commercial uses. The budding itself is well suited to the types of businesses that the Petitioner is
seeking permission to have on the property.
6. The previous Decisions issued granting the two previous Special Permits had specific conditions
prohibiting outdoor storage, except storage of cars; towing/repossession of cars after 1 1pm; operating
hours after 1 1pm (except in cases of emergency): and outdoor auto repairs.
7. Mr. Robert Dunham, 60 Jefferson Avenue, submitted a letter in opposition to the petition. Mr.
Dunham submitted photographs supporting his letter, which demonstrated that the Petitioner has
been allowing outdoor storage, in violation of the conditions of the previous Special Permit.
S. Auto bock- work Nvithin a residential area has consistenth been problematic.
Nn
r
City of Salem Board of Appeals
December 5,2013
Project: 62 Jefferson Avenue
Page 2 of 2
The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and
after thorough review of the petitions, including the application narrative and plans, and the Petitioner's
presentation and public testimony, makes the following findings that the proposed project meets the
provisions of the City of Salem Zoning Ordinance:
Findings:
1. The proposed change in use to include auto repair, ,into part sales, and boat and engine service would
not be substantially more detrimental than the existing nonconforming use to the neighborhood, if
the conditions of the Special Permit are adhered to.
2. The proposed change in use to allow auto body work would be
On the basis of the above Statements of Fact the Salem Board of Appeals voted four (4) in favor (i\ls. Curran
— Chair, nor. Duffy, Mr. Watkins, and Mr. Tsitsinos in favor) and none (0) opposed, to deny the Special
Permit to allow auto body work on the property.
On the basis of the above Statements of Fact and Findings, the Salem Board of Appeals voted four (4) in
favor (ibis. Curran — Chair, Mr. Duffy, Mr. Watkins, and blr. Tsitsinos in favor) and none (0) opposed, to
approve the Special Permit to allow auto repair, auto part sales, and boat and engine service on the property,
subject to the following terms, conditions, and safeguards:
1. The Petitioner shall comply with all city and state statutes, ordinances, codes and regulations.
2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly
adhered to.
3. No .into body work shall be performed
4. No outdoor storage, except storage of cars or boats, is permitted. No more than five (5) cars or boats
may be stored on site at a time.
5. The terms of this Board's two previous special permit decisions in March 2009 and September 2005
relative to this property are incorporated herein by reference unless specifically altered by this
decision.
Rebecca Curran, Chair
Board of Appeals
_\COPY OF THIS DECISION FL\S BEEN FILED lXITFI THE PLANNING BOARD AND THE CITY CLI-:Rh
-Ippeal%rom this derision, f,ut}', shell he made pnrruaw to Section 17 q1 for Ada,advaelts Geuerrl I,nus Chapter 40A, and rhall he filed nellun 20
da)s of filing of tbu deersron in the u#he of the G}- Clerk. Parsuanl to the ddasia,hruetts General Lops Chapter 40A. Se,don 11, 1he I -oname or
.i*peaal Pennd grreted herein d all rmt lake eJA1 tali!a mpy o/the derision beeuvtg the, rtilia le o�the Crly Clerk has been Jilrr/nvh Me L.ue.\ Sou/h
Regulr),q1 Deeds. .