80 MARGIN STREET - ZBA 80 MARGIN STREET R-2
J
OSEPH FITZGERALD
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DECISION ON THE PETITION OF JOSEPH FITZGERALD REQUESTING A VARIANCES AND
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 80 MARGIN STREET (R-2)
A hearing on this petition was held June 18, 1997 with the following Board
Members present: Gary Barrett; Chairman, Nina Cohen, Albert Hill,
Richard Dionne and Joseph Ywuc. Notice of the hearing was sent to abutters
ro erly
of the hearing were p published in the Salem
p
and others and notices
Evening News in accordance with Massachusetts General Laws Chapter 40A.
Petitioner, is requesting a Variance as to parking and density regulations
and a Special Permit to remove existing garage and construct an addition
for storage of automotive parts for the property at 80 Margin Street.
The provision of the Salem Zoning Ordinance which is applicable to this
request for a Special Permit is section 5-3(j ) , 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 8-6 and 9-4, 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 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 of the City's
inhabitants.
The Variances which have been requested may be granted upon a finding of
the Board that:
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.
S
DECISION OF THE PETITION OF JOSEPH FITZGERALD REQUESTING A SPECIAL PERMIT
AND VARIANCE FOR THE PROPERTY LOCATED AT 80 MARGIN STREET, SALEM
page two
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.
The Board of Appeal, after careful consideration of the evidence presented,
and after viewing the plans, makes the following findings of fact:
1. Petitioner, Joseph Fitzgerald is the owner of NAPA Auto Sales.
2 . Attorney George Atkins was present and represented the petitioner.
3. Petitioner is requesting a Special Permit to remove an existing
garage and construct a new addition to the existing building.
4. The new addition will be non-conforming and needs relief in the
following manner:
1 . Side set back; Regulation 10 feet- New addition 8 feet
2. Rear set back; Regulation 30 feet - New addition 2 feet
3. Lot coverage ; Regulation 35% - New addition 60%
5. The petitioner is requesting a Variance for parking density.
Petitioner has 10 spaces and regulation states 19 spaces are needed.
6. Mr. Femino of 90 Margin Street and Mrs. Pizzello of 37 Endicott Street
both expressed concerns of trucks leaving the engines running during
deliveries. Mr. Fitzgerald stated that he would try to minimize
engine noise, asking the truck drivers to shut down during deliveries.
7. Mr. Femino also expressed concerns regarding snow removal.
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 . Special conditions do exist which especially affect the subject
property and not the district in general.
2. Literal enforcement of the provisions of the Ordinance would
involve substantial hardship on the petitioner.
3. 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.
4. 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.
Therefore, the Zoning Board of Appeal unanimously, 5-0 to grant the relief
requested, subject to the following conditions:
1 . Petitioner shall comply with all city and state statutes, codes
ordinances and regulations.
2. All construction shall be done as per the plans and dimensions
submitted and approved by the Zoning Officer. Plans submitted
R
DECISION OF JOSEPH FITZGERALD REQUESTING A VARIANCE AND SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 80 MARGIN STREET, SALEM (R-2)
page three
and was dated May 19 , 1997.
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.
5. A Certificate of Occupancv shall be obtained.
6. Exterior finishes of the new construction shall be in harmony with the
existing structure.
7. A Certificate of Inspection shall be obtained.
8. The addition of trees to the north side of the property will be added
as shown on the plans dated May 19, 1997 and submitted on June 18, 1997
meeting.
Variance & Special Permit Granted
June 18, 1997 ���
Joseph Ywuc, Member
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
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 20 days have elapsed and no appeal has been filed, or that,
if such appeal has been filed, that it 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
AMENDMENT TO THE DECISION ON THE PETITION OF JOSEPH FITZGERALD
REQUESTING A VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED
AT 80 MARGIN STREET (R=2 )
This Amendment is made to correct an inadvertent error in the
Decision of the Board as filed with the City Clerk' s office on
July 2 , 1997 . To wit :
Paragraph 4 of the findings of fact is amended to read as follows :
1 . Side set back; Regulation 10 feet - New addition 2 feet
2 . Rear set back; Regulation 30 feet - New addition 19 feet
105 inches
In all other respects the previously filed decision is affirmed and
ratified.
CITY OF SALEM
BOARD OF APPEAL
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