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t� CITY OF SALEM, MASSACHUSETTS
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BOARD OF APPEAL
120 WASHINGTON STREET♦SALEM MASSACHUSETTS OJ PAA 31 3•- O U
TELE:978-745-9595 FAX:978-740-0404
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CITY CLEPK SALEM, MASS-
KIM6ERLEY DRISCOLL
MAYOR
March 31, 2009
Decision
City of Salem Zoning Board of Appeals
Petition of MICHAEL MCLAUGHLIN requesting to modify a Special Permit granted in
2005, to allow additional nonconforming uses (small tradesman, handyman and contractor)
to a currently nonconforming use (plumbing business) at the property located at 62
JEFFERSON AVENUE (R-1 Zoning District)
A public hearing on the above petition was opened and closed on March 18, 2009 pursuant to
Mass General Law Ch. 40A, § 11. The following Board of Appeals members present: Robin
Stein(Chair), Richard Dionne, Bonnie Belair (alternate), and Jimmy Tsitsinos (alternate).
Petitioner seeks a Special Permit pursuant to Section 8-5 of the City of Salem Zoning
Ordinances.
Statements of fact:
1. The petitioner, Michael McLaughlin, represented himself at the hearing.
2. Petitioner had previously applied for a Special Permit from the Board of Appeals to
change the use of the structure from an automotive shop to a plumbing business; said
Special Permit was granted on September 21, 2005. The decision letter, filed with the
City Clerk on September 23, 2005, included seven (7) conditions.
3. The property at 62 Jefferson Avenue is currently plumbing business, a nonconforming
use in the Residential One-Family(R-1) Zoning District.
4. In a petition dated February 23, 2009, the applicant requested a Special Permit for the
expansion of a currently nonconforming use (plumbing business) to allow additional
nonconforming uses (small tradesman, handyman and contractor).
5. The petitioner did not propose any exterior alterations to the structure.
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6. Robert Dunham, 60 Jefferson Avenue, submitted a letter dated March 18, 2009 to the
Board of Appeals stating he is not opposed to changes in use for the structure as long as
business is conducted during daytime hours inside the building, and equipment is stored
inside. However, he objects to auto repairs he says are taking place illegally on the
premises, and wants the Board to consider the current situation before issuing an
additional Special Permit.
The Board of Appeal, after careful consideration of the evidence presented at the public hearing,
and after thorough review of the petition submitted, makes the following findings:
1. The petitioner's request for a special permit does not constitute substantial
detriment to the public good.
2. The requested relief does not nullify or substantially derogate from the
intent or purpose of the zoning ordinance.
3. In permitting such change, the Zoning Board of Appeals requires certain
appropriate conditions and safeguards as noted below.
On the basis of the above findings of fact and all evidence presented at the public hearing
including, but not limited to, the submitted documents and testimony, the Zoning Board of
Appeals concludes:
1. A Special Permit is granted to allow the expansion of a currently nonconforming use
(plumbing business) to allow additional nonconforming uses (small tradesman, handyman
and contractor).
In consideration of the above, the Salem Board of Appeals voted, four (4) in favor(Stein,
Dionne, Tsitsinos and Belair) and none (0) opposed, to grant petitioner's request for a Special
Permit subject to the following terms, conditions, and safeguards:
1. 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 outdoor storage, except storage of cars, is permitted. No more than five (5) cars may
be stored on site at a time.
4. Towing/repossession of cars continues to be permitted, but not after 11 p.m.
5. Late night hours (after 11 p.m.) are permitted only in cases of emergency, except towing,
which is not permitted after 11 p.m. in any case.
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6. No outdoor auto repairs are permitted.
7. No more than four (4) allowed uses, one for each unit, may operate from the premises at
a time.
8. The terms of this Board's previous special permit decision relative to this property are
incorporated herein by reference unless specifically altered by this decision.
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Robin Stein, Chair
Salem Zoning Board of Appeals
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 of filing of this decision in the office of the City Clerk. Pursuant to the
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 certificate of the City Clerk has been filed with the Essex South
Registry of Deeds.
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' CITY OF SALEM9 MASSACHUSETTS
I� CBOARD OF APPEAL ' fY '),I-- S LEM. MA
!� CLERK'S OFFICE
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. LISOVICZ, JR. TELEPHONE: 978-745-9595
MAYOR FAX: 978-740-9846 1015 SEP 23 A 9� 49
DECISION OF THE PETITION OF MICHAEL MCLAUGHLIN REQUESTING A
SPECIAL PERMIT FOR THE PROERTY LOCATED AT 62 JEFFERSON AVENUE
R-1
A hearing on this petition was held on September 21, 2005 with the following Board
Members present:Nina Cohen, Chairman, Richard Dionne,Nicholas Helides, Bonnie
BeWr and Robin Stein. 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 request a Special Permit to allow a Plumbing Business to replace existing
Automotive Shop for the property located at 62 Jefferson Avenue located in an R-I 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 provide 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,
land
and for changes, enlargement,extension or expansion, of nonconforming lots ,
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 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 for 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 structures 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.
DECISION OF THE PETITION OF MICHAEL MCLAUGHLIN REQUESTING A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 62 JEFFERSON AVENUE
R-1
page two
The Board of Appeal, after careful consideration of the evidence presented, and after
viewing the plans, makes the following findings of facts:
1. Attorney William Quinn presented the petition and represented the following;
a. The owner Mike McLaughlin has operated this business franchise since
1997.
b. The business is presently being operated out of Beverly, Ma.
c. The subject site will be used for the operation of the business office and
Storage of material only.
d There will be no retail use or visitation to the site by customers.
e. The use will be no more imposing than the former use as Bob's Carburetor
f. Two issues in the sale of the property to the petitioner are in the process of
being resolved There is an encroachment issue as well as it was
determined that 2,750 sf of land located at 108 Jefferson Ave,presently
used for parking is owned by North Shore Medical Center.
g. A letter dated September 20,2005 from North Shore Medical Center was
presented indicating that discussions of a sale concerning the parcel are in
Process.
h. Attorney Quinn also presented a plan dated September 16, 2005 by
Registered Engineer Gail Smith,attached to the letter showing eight
parking spaces on the parcel under discussion for conveyance.
i. Attorney Quinn also presented a parking requirement calculation for the
premises indicating; 3 on site employees, 6 company vehicles, gross floor
area excluding storage of 500 sf, indication a total of 8 spaces needed.
j. Attorney Quinn requested that consideration of approval of the petition be
conditioned upon the petitioner obtaining use of 8 parking spaces.
k. There will be no late night use of the premises and no hazardous materials
stored on site.
1. Another tenant,a used car business occupies the subject and will continue
to operate there. They have a license to have 10 cars.
m. The petitioner will renovate the facade.
n. There are 3 on street parking spaces.
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.
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DECISION OF THE PETITION OF MICHAEL MCLAUGHLIN REQUESTING A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 62 JEFFERSON
AVENUE R-I
page three
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.
4. Special conditions exist which especially affect the subject property, but not the
district in general.
On the basis of the above findings of fact, the Zoning Board of Appeal voted 5 in favor
and 0 in opposition to grant the Special Permit requested, subject to the following
conditions.
1. Petitioner shall comply with all city and state statues, code ordinances and
regulations.
2. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
3. Petitioner shall obtain a building permit prior to beginning any construction.
4. Petitioner shall obtain a Certificate of Inspection.
5. All construction shall be done as per the plans submitted and approved by the
Building Commissioner.
6. Petitioner shall obtain approval from any City Boards or Commission having
jurisdiction including, but not limited to the Planning Board.
7. Petitioner shall obtain use of a minimum of
8PnB spaces.
es.
Special Permit Granted
September 21, 2005
Nicholas Helides
Board of Appeal ( sc rn
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 or record or is recorded and noted on the owner's
Certificate of Title.
Board of Appeal