17 MEADOW STREET - ZBA D Ci
17 MEADOW STREET
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Legal Notic3
CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext.381
will hold a public hearing for all
persons interested in the petition sub-
miffed by SUPERIOR LANDSCAPE,
INC., requesting Variance and/or
Special Permit for use of the premis-
es for a landscaping business,to
include an office,equipment repair.
&exterior parking of vehicles for
the property located at 17 MEADOW
STREET B-4. Said hearing to be on
WEDNESDAY, NOVEMBER 20,.
2002 AT 6:30 P.M., 120 WASHING-,,
TON STREET, 3RD FLOOR,ROOM]
313.
Nina Cohen,Chairman
(11/6,13)
T` eco ar�r CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL C11 YBALIM
" .
0�{/ � � MA
120 WASHINGTON STREET, 3RD FLOOR - CLERK'S OFFICE
SALEM, MA 01970
TEL. (978) 745-9595
9�MM¢ FAX (978) 740-9846 -
STANLEY J. USOVICZ, JR. 2001 DEC -4 P 3: 01
1
DECISION OF THE PETITION OF SUPERIOR LANDSCAPE INC. REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 17 MEADOW STREET B-4
A hearing on this petition was held November 20, 2002 with the following Board
Members present: Nina Cohen, Chairman, Richard Dionne, Stephen Harris and Nicholas
Helides and Joan Boudreau. Notice of the hearing was sent to abutters and others and
notices of the hearing were properly published in the Salem Evening New in accordance
with Massachusetts General Laws Chapter 40A.
The petitioner is requesting a Variance for use of the premises for a landscaping business
to include an office, equipment repair&exterior parking of vehicles for the property
located at 17 Meadow Street located in a B-4 zone.
The Variances, which have been requested, upon a finding 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,
and structure involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners..
c. Desirable relief may be granted without substantial detriment to the public good and
Without nullifying or substantially derogating from the intent of this district of the
purpose of the Ordinance
The Board of Appeal, after careful consideration of the evidence presented at the hearing,
and after viewing the plans, makes the following findings of fact:
1. Attorney George W. Atkins 111, 59 Federal Street, Salem represented the petitioners.
2. The property is currently used as an automobile repair garage, which is an allowed
use in the B-4 Automotive Business-zoning district.
3. Petitioner intends to use the property for a landscaping business. The interior of the
structure will be used for an office and storage of landscaping equipment and repairs.
Business vehicles will be parked at the rear of the structure in accordance with the
plot plan submitted.
4. The existing nonconforming building will not be altered or enlarged.
CITY OF SALEM, MA
CLERK'S OFFICE
DECISION OF THE PETITION OF SUPERIOR LANDSCAPE INC. REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 17 MEADOW STREET01 DEC 4 U P 3 09
page two
5. Petitioner's business is seasonal and services are performed at customer homes and
businesses. The petitioner presented evidence that he has operated his business in
residential neighborhoods without objection.
6. A list of permitted uses in the Automotive Business zoning district does not
specifically contain a landscaping business.
7. The size and shape of the parcel and the condition of the soil due to prior industrial
uses limits the uses of the property.
8. The petitioners met with abutters to the property prior to the hearing, who had no
objections to the proposed change of use.
9. No one appeared in opposition to the petition.
On the basis of the above finding of fact,the evidence presented at the hearing, the
Zoning Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property but not the
district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petition.
3. Desirable relief 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.
Therefore, the Zoning Board of Appeal voted 5-0, to grant the Variances requested,
subject to the following conditions;
1. Petitioner shall comply with all city and state statures, ordinances, codes 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 Certificate of Inspection.
SALEM. MA
DECISION OF THE PETITION OF SUPERIOR LANDSCAPE INC. REQIJLFsS OFFICE
VARIANCE FOR THE PROPERTY LOCATED AT 17 MEADOW STREET !(
page three
1001 DEC -LI P 3'. 09
4. Petitioner shall obtain proper street numbering from the City of Salem Assessors
Office and shall display said numbers
5. The decision is contingent upon petitioner or its nominee becoming the fee owner of
The property.
6. No long term parking of company vehicles or employee vehicles shall be allowed
on Meadow Street.
Variance Granted
November 20,2002
Nina Cohen,Chairman
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CIITY 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 day
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
Terence P. Reilly, Esq
45 Longview Drive
Marblehead, MA 01945
Tel: (781) 608- 5956 Fax: (617) 772-2828
November 19, 2002
Salem Board of Zoning Appeals
Re: The appeal of Robert Carr d/b/a Superior Landscaping
Dear Members of the Board:
My family and I have resided across the street from the principle place of business
for Robert Carr d/b/a Superior Landscaping for approximately six years. During all of
that time, Rob Carr and his employee's have been good "neighbors" and a benefit to the
neighborhood. The employees have been courteous to the people that they encounter
walking in the neighborhood, both old and young alike. The employees have also been
considerate of the needs of the neighborhood regarding not starting work too early, only
parking where it is safe, and being mindful of small children playing in the vicinity.
They even keep the trucks and equipment quite clean.
Rob Carr is a professional, considerate, and generous small businessman who
takes great pride in the work that he does and the location where he does it. The Salem
Board of Zoning Appeals would be doing the City of Salem, especially the people who
live and work in the area of the proposed zoning change, a great service by approving this
appeal.
Resp5sifully yours,
7aoreil�lqy
To: Salem Board of Zoning Appeals
From: LuAnn Gabel
Date: 11/18/02
Subject: Rob Can and Superior Landscape
This letter is in support of Rob Carr's request to purchase a garage in Salem
for use by his landscaping company, Superior Landscape. We have lived at
our current address in Marblehead for over four years and during that time,
Rob rented a garage directly adjacent to our home. Over the past four years,
his employees have been courteous and professional. They have kept the
garage clean and were very conscientious of being quiet, especially in the
morning. I have three small children who are always playing outside, and
Rob's employees used utmost care in driving down the street.
Please honor his zoning request. He and his landscaping company were the
perfect neighbors. If you need any additional information, please do not
hesitate to contact me.
Thank you,
/L,-� CW
LuAnn Gabel
11 Locust St.
Marblehead, MA 01945
781-631-5873
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