47 OCEAN AVENUE - ZBA (3) 47 OCEAN AVENUE R-3
THOMAS FORD, TRUSTEE
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DECISION ON THE PETITION OF PAUL A. BURKE REQUESTING A VARIANCE FOR THE
PROPERTY LOCATED AT 47 OCEAN AVENUE (R-3)
A hearing on this petition was held July 17, 1996 with the following Board
Members present: Gary Barrett, Chairman, Richard Dionne, Joseph Ywuc, Nina
Cohen and Albert Hill. 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 is requesting a Variance from retail parking requirements for
the property located at 47 Ocean Avenue. The property is located in an
(R-3) district.
The provision of the Salem Zoning Ordinance which is applicable to this
request for a Special Permit is section 5-3( i ) , 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 Variances 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 Variance requests,
guided by the rule that a Variance request may be granted upon a finding by
the Board that the grant of the Variance will promote the public health,
safety, convenience and welfare of the City's inhabitants.
The Variance 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.
C. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substant_a:ly derogating from the
intent of the district or the purpose of the Ordinance.
DECISION ON THE PETITION OF PAUL A. BURKE REOUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 47 OCEAN AVENUE (R-3)
page two
The Board of Appeal, after careful consideration of the evidence presented,
and after viewing the pians, makes the following findings of fact:
1 . ,here was no opposition to the request.
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 exist which especially affect the subject property
but not the district in general .
2. Literal enforcement of the provisions of the Ordinance would involve
substantial hardship on the petitioner.
3. 'he 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.
A . The Variance granted can be granted in harmony with the
neighborhood and will promote the public health, safety, convenience
and welfare of the citv' s inhabitants.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
relief requested.
Variance Granted
July 17, 1996
Albert C. Hili . Jr.
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 Citv 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
PETITIONER Q
DATE OF HEARING
LOCATION
MOTION: TO GRANT !� SECOND �� AMENDMENT SECOND
TO DENY SECOND
TO RE-HEAR SECOND
WITHDRAW SECOND
CONTINUE SECOND
ROLL CALL PRESENT GRANT DENY AMEND WITHDRAW RE-HEAR CONTINUE
GARY M. BARRETT G�
ALBERT C. HILL
S-T-E�UrHET'I E lj ' P
NINA V. COHEN
ASSOCIATE MEMBERS
t� JR—LE�ffECQUE' /
JOSEPH J.YWUC e�
CONDITIONS: v \ ` ✓� ,� O
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DECISION ON THE PETITION OF T. FORD COMPANY (PETITIONER) , TRUSTEES OF
THE SALEM PUBLIC LIBRARY (OWNERS) , FOR A SPECIAL PERMIT AT 47 OCEAN AVE.
A hearing on this petition was held March 26, 1986 with the following Board
Members present: James Hacker, Chairman; Messrs., Bencal, Luzinski and Associate
Members Dore and LaBrecque. 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 Special Permit to allow the premises to be usez.
for professional offices in this R-3 district. `r
The provision of the Salem Zoning Ordinance which is applicable to this requ ..
for a sp-ciA) Permit is Section V B 10, which provides as follows; CD
Notwj&¢stand H g anything to the contrary appearing in this D
OrdiWce, tS Board of Appeal may, in accordance with the n�
proca3ure an* conditions set forth in Section VIII F and IX D, c
granf�_-Specia}.r Permits for alterations and reconstruction of —'
nonconforming structures, and for changes, enlargement, extension
or Ewpansion',of nonconforming lots, land, structures, and uses.
provided, ho-Wever, that such change, extension, enlargement or
exparf§igj sr�411 not be substantially more detrimental than the
exisiminq.aortconforming use to the neighborhood,
t cy-
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In more general terms, this Board is, when reviewing Special Permit request
guided by the rule that a Special Permit request may be granted upon a findi,25
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 Board of Appeal, after careful consideration of t e evidence presented a': the
hearing, and after viewing the plans, makes the folloi7ing findings of fact;
1 . This appears to be as close a use as possible to a public library;
2. Building is in a historic area and can be maintained better by
one owner;
3• The plans was supported by neighbors and abutters.
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 . The relief requested can be granted without substantial, detriment
to the neighborhood and will be In harmony with the district;
2. The proposed use will promote the public health, safety, convenient-:
and welfare of the City's inhabitants.
05AN!1996 15:16 5083527943 (FUND UU lNU ^u�
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DECISION ON THE PETITION OF T. FLIAD :.t-MPANY (PETITIONER), TRUSTEES OF
THE SALEM PUBLIC LIBRARY (OWNERS) FOR A SPECIAL PERMIT FOR 47 OCEAN AVE. , SALf''N
page two
Therefore, t.!le 7.oning Board of Acpeel voted unanimously, 5-0, to grant. the Sprcial
Permit requested, subject to the following terms and conditions:
1 . Six (6) on site parking spaces be maintained;
2. No more than ten (10) employees;
3_ Approval of the Historic Commission be obtained for any exterior
wort: on the building?
/. T'rnnt loon aroa favi nor Tafaycttc C}raot ho M"ritaino" ac a lawn with
appropriate plantings and under no circumstances shall parking be
allowed on this area;
5. l•naracTer of cnc eytet-10r' of the Uu11u116 Flu L. Uc C1[4146�`-1;
6. 1'• Certificate of occupancy be obtained.
SPECIAL PERMIT GRANTER
,dames B. Hacker, Chairman
Z.
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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BOARD of APPEAL
Date Ma
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I hereby certify that 2JF da�haYI '-exPire
from the date this insTivtnent��ras recehed,
and that NO APPEAC:hgc,bbeh'filed is this s.
off ice, ;
A True Copy
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APPEAL CASE NO. . . . . . . . . . . . . .
�Raxra of Appeal
TO THE BOARD OF APPEAL:
The Undersigned represent that he/she is/are the owners of a certain parcel of land
located at 47 Ocean Avenue Street; Zoning District... R3
. ........................... .
and said parcel is affected by Section(s).....VA... ........... of the Massachusetts
State Building Code.
Plans describing the work proposed have been submitted to the Inspector of Buildings
in accordance with Section I% A.1 of the Zoning Ordinance.
DIRECT APPEAL FOR A
VARIANCE FROM PARKING
REQUIREMENTS PURSUANT TO
SPECIAL PERMIT FOR USE OF PREMISES
AS AN ANTIQUE SHOP
The Application for Permit was denied by the Inspector of Buildings for the following
reason(s):
N/A
The Undersigned hereby petitions the Board of Appeal to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement of said
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially derogating
from the intent and purpose of the Zoning Ordinance and Building Code for the follow-
ing reasons: The former South Branch Library of the City of Salem at 47 Ocean Avenue,
is a unique building of historic significance located in an historic district. Pursuant
to a June 19, 1996 hearing, the Board of Appeals approved a special permit for use of the
premises as an antique shop with no more than four employees. Article VII 7-3(g) requires
for retail use one offstreet parking space for each 150 square feet of gross floor area of
building excluding storage, which would mandate 18 parking spaces (reflecting approx.
2700 square feet of first floor and mezzanine display area, and 1300 square feet of
basement storage.) Petitioner seeks relief from the required number and dimensional
requirements of parking spaces set forth in Article VII 7-3(g) as well as the design
requirements of Article VII 7-3(e) in that the building has an on site paved parking
area which can accommodate six cars as shown on the plan attached and which will fully
accommodate employee and customer require-
ments. Construction of additional parking
118 Tenney Street: Georgetown,
on the site has been disapproved by the Address.
Ma.
................. ..... ........
Historic Commission. Given the special Telephone. .508-352-5606
conditions of the uniqueness of the building,
.... .. ..............
and the adquacy of the existing parking petitioner..?au1,A:.Burke...............
area for the low level of permitted use,
literal enforcement of the Zoning Ordinance* Address..121 Essex Street, Salem, Ms. 01970
...............................
Date.... Telephone•50 -744-2242
. .. .....................
By.... .. . ..
Peter R. Merry, Atty. f r Petitioner***
Three copies of the application must be filed with the Secretary of the Board of Appeal
with a check, for advertising in the amount of $............. four weeks prior to the
meeting of the Board of Appeal, Check payable to the Salem Evening News.
*would constitute a unique hardship in that it **of South Branch Realty Trust u/d/t dated
would destroy the appearance of the building and 6/5/86 and rec. with Essex South Registry
site without benefitting the public interest or Book 8301, Page 484
adding any practical benefit to the owner or ***Tinti, Quinn & Merry, 222 Essex St. Salem
neighborhood. Telephone 508-745-8065
• 051-14~199615:16 _ 5083527943 TFORD CO INC
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DECISION ON THE PETITION OF T. FORD COMPANY (PETITIONER) , TRUSTEES OF
THE SALEM PUBLIC LIBRARY (OWNERS) , FOR A SPECIAL PERMIT AT 47 OCEAN AVE.
A hearing on this petition was held March 26, 1986 with the following Board
Members present: James Hacker, Chairman; Messrs. , Bencal, Luzinski and Associate
Members Dore and LaBrecque. Notice of the hearing was sent to abutters and others
properly
and notices of the hearing werepublished in the Salem Evening News in
accordance with Massachusetts Ceneral Laws Chapter 40A.
The petitioner is requesting a Special Permit to allow the premises to be usez
for professional offices in this R-3 district. c
The provision of the Salem Zoning Ordinance which is applicable to this requ s..
for a 5p-ca.J Fermit IE Section V B ?o, which provides Ps follows: o
Notw�stand y g anything to the contrary appearing in this D
OrdiO'nce, t1;! of Appeal may, in accordance with the
procesiure an* conditions set forth in Section VIII F and IX D, c
grantL-5pecia}f Permits for alterations and reconstruction of J
noncoDforming structures, and for changes, enlargement, extension
or evpansion"of nonconforming lots, land, structures, and uses,
provided, however, that such change, extension, enlargement or
expar�f lqk s1.:�11 not be substantially more detrimental than the
existtinp.noticonforming use to the neighborhood.
4 VL V
In more general terms, this Board is, when reviewing Special
upon �
guided by the rule that a Special Permit request may be g Ponafind4'$
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 Board of Appeal, after careful consideration of the evidence presented at: the
hearing, and after viewing the plans, makes the follotng findings of fact:
1 • This appears to be as close a use as possible to a public library;
2. Building is in a historic area and can be maintained better by
one owner;
3• The plans was supported by neighbors and abutters.
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 . The relief requested can be granted without substantial detriment
to the neighborhood and will be in harmony with the district;
2_ The proposed use will promote the public health, saf-ty , cnnvemienc•.
and welfare of the City's inhabitants.
05/14/1996 15:16 5083527943 -IFUND UU INU
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DECISION ON THE PETITION OF T. F(i}1D arMPANY (PETITIONER) , TRUSTEES OF
THE SALEM PUBLIC LIBRARY (OWNERS) FOR A SPECIAL PERMIT FOR 47 OCEAN AVE. , SALEM
page two
Therefore, the Zoning Board of Atpeal voted unanimously, 5-0, to grant. the Snrcial
Permit requested, subject to the following terms and conditions-
1 . Six (6) on site parking spaces be maintained;
2. No more than ten (10) employees;
3. Approval of the Historic Commission be obtained for any exterior
uorl: on the buildi.nsi
h L'rnnt laem aroa faring Taf`ayotto Qtrcot ho moint ainori ac a lawn with
appropriate plantings and under no circumstances shall parking be
allowed on this area;
j. l.naraCLCr' of Lne exterlor of the Uullollig nul. UC CtlnuK=U;
6. ): Certificate of occupancy be obtained.
SPECIAL PERMIT GRANTED
It
,dames B. Hacker, Chairman
t.
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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BOARD OF APPEAL
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Date__ 16� _1
1 hereby certify that da�a^haY� expired
from th- date this insfiumenf�X705 received, .
and shut NO APPEAhap b�e+t filed in ttiia 1.
office.
A True Copy
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