63 JEFFERSON AVENUE - ZBA (3) 63 JEFFERSON AVENUE
- - - - E.M.R. DRYWALL, INC °
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DECISION OF THE PETITION OF E.M.R. DRYWAYY, INC. REQUESTING A
VARIANCE FROM THE PROPERTY LOCATED AT 63 JEFFERSON AVENUE
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A hearing on this petition was held July 21,1999 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Stephen Buczko and Stephen Hams.
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.
The petitioner is requesting a Variance from side yard & rear yard setbacks, Variance to
parking requirements and a Variance to fence height for the property located at 63
Jefferson Avenue.
'he Variances which have been requested may be granted upon a finding by this Board
that:
?.Special conditions and circumstances exist which especially affect the land, building or
structures involved and which are not generally affecting other lands, buildings and
structures involve.
-. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
Desirable relief may be granted without substantial detriment to the public good and
without nullifying or substantially derogating from the intent of the district of the
purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented at the
',caring, and after viewing the plans, makes the following findings of fact:
Petitioner seeks to relocate his woodworking and custom carpentry business to 63
Jefferson Avenue, where he can construct a new facility large enough to
accommodate the needs of his operation. Petitioner, who was represented by
Joseph C. Correnti, Esq., owns the 63 Jefferson property through the R.T.D.
Nominee Realty Trust.
_. The proposed building plan required variances from the dimensional requirements of
the ordinance: a side setback at 13'6", a rear yard setback at approximately 90'
(precise dimensions of the rear setback to be determined according to the plans
submitted to and approved by the Building Inspector, which are viewed by the Board
of Appeal in a reduced format) a variance to allow placement of a building overhang
10' into RC zone.
DECISION OF THE PETITION OF E.M.R. DRYWALL REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 63 JEFFERSON AVENUE I/RC
page two
3. Petitioner further requested variances from the parking requirement to permit the
structure to include 22 parking spaces instead of the 26 required, and from fence
height restrictions, to permit installation of a 12'fence surrounding the rear yard.
4. The requested variances were considered necessary for the operation of the
business. The proposed plan and the relocation of the petitioner's business received
support of Joan Lovely, Ward 3 Councillor.
5. There was no opposition to the proposed petition.
On the basis of the above findings of fact, and on, the presented at the hearing, the
Zoning Board of Appeal voted unanimously, 4 in favor, to grant the variances requested,
subject to the following condition;
Petitioner shall comply with all city and state statues, ordinances, codes and
regulations
All construction shall be done as per the plans and dimensions submitted.
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
4. Petitioner shall obtain building permit prior to beginning any construction.
�. A Certificate of Inspection is to be obtained.
6. Petitioner shall obtain proper street numbering from the City of Salem Assessors
office and shall display said number so as to be visible from the street.
. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
8. Completion of all site work shall be completed within nine (9) months.
ariance Granted
July 21, 1999
Nina Cohen, Chairman
Board of Appeal
DECISION OF THE PETITION OF THE E.M.R. DRYWALL, INC. REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 63 JEFFERSON AVENUE
page three
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
certificate of the City Clerk that 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 of record or is recorded and noted on the owner's Certificate of Title.
Board of Appeal
07/20/99 TUE 11:14 PAX 978 741 4683 SSD&C LLP C�002
PETITION
WE, THE UNDERSIGNED, HEREBY SUPPORT THE PETITION OF E.M.R.
DRYWALL, INC. , REQUESTING VARIANCES TO ALLOW THE CONSTRUCTION OF A
NEW BUILDING FOR A CARPENTRY SHOP AND OFFICE SPACE AT 63 JEFFERSON
AVENUE, IN THIS INDUSTRIAL ZONE.
THE CONSTRUCTION OF A NEW INDUSTRIAL/COMMERCIAL BUILDING ON
THIS PORTION OF JEFFERSON AVENUE WILL HELP CONTINUE TO TRANSFORM
LOTS WHICH ARE VACANT AND DILAPIDATED INTO A VIBRANT COMMERCIAL
AREA.
WE, THEREFORE,. URGE THE BOARD OF APPEAL TO GRANT THE REQUESTED
RELIEF OF E.M.R. DRYWALL, INC. Y
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