47 OCEAN AVENUE - ZBA DIr
47 OCEAN AVENUE (R-3)
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DECISION ON THE PETITION OF PAUL A. BURKE REQUESTING A SPECIAL PERMIT FOR
THE PROPERTY LOCATED AT 47 OCEAN AVENUE (R-3)
A hearing on this petition was held June 19, 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 Special Permit for a Change of Use (Professional
Offices to Antique Shop) 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(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 Special Permit 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.
DECISION ON THE PETITION OF PAUL A. BURKE FOR A SPECIAL PERMIT AT 47 OCEAN
AVENUE, 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. Marsha Lambert, 58 Ocean Avenue & Sandra Power, 18 Loring Avenue shared
concerns regarding:
Signage, Off-Street Parking, Window Displays, Property Cleanliness,
Outside display of Antiques.
2. The Petitioner assured the above that there will not be any Signage out
in front of the building, window displays will be in good taste,
property will be kept clean, there will not be any outside displays of
Antiques, parking will be on-site for Customers and Employees. This
business is conducted by appointments only.
3. There was no opposition to the petitions.
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. The relief requested can be granted without substantial detr-ment 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 voted 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 requirements of the Salem Fire Dept. relative to smoke and fire
safety shall be strictly adhered to.
DECISION ON THE PETITION OF PAUL A. BURKE FOR A SPECIAL PERMIT AT 47 OCEAN
AVENUE, SALEM
page three
3. A Certificate of Inspection is to be obtained.
4. Petitioner is to obtain approval from anv City Board or Commission
having jurisdiction including, but not limited to, the Planning Board.
5. The number of Employees is limited to 4 (Four) .
Special Permit Granted
June 19, 1996
Albert C. Hill, 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 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
DATE OF HEARING
PETITIONER
LOCATION >
MOTION: TO GRANT SECOND AMENDMENT SECOND
TO DENY SECOND
TO RE-HEAR SECOND
WITHDRAW SECOND
CONTINUE SECOND
ROLL CALL PRESENT GRANT ENY AMEND WITHDRAW_ RE-HEAR CONTINUE
GARY M. BARRETT
ALBERT C. HILL
SIFL3'ftFt CHETT b�
NINA V. COHEN
ASSOCIATE MEMBERS
ARTHUR LEBRECQUE
JOSEPH J.YWUC
CONDITIONS:
1
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LETTER OF SUPPORT
FOR SPECIAL PERMIT APPLICATION OF
PAUL A. BURKE REGARDING 47 OCEAN AVENUE, SALEM
Members of the City of Salem
Board of Appeals
We the undersigned, hereby express our support for the
application of Paul A. Burke for a special permit to allow the
former South Brance Library at 47 Ocean Avenue to be used as an
antique shop with not more than four employees. An antique shop
will, in our opinion, be a less intense use and less detrimental
to the neighborhood than the currently permitted nonconforming
use as professional offices with up to ten employees.
Dated as of June 19, 1996
Printed Name: ignat,, Address:
Z�G(�fAlee St,
VA <50 EUrti-) (n Jlj -
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�Q :;PPEAL CASE N0. . ,
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TO TEE BOARD OF APPEAL:
the 6ndersigned represent that he/she is/are the owners of a certain parcel of land
located at: . A7 -Qg'A-".Ayenue. . . . . . . .. .Street; Zoning District. . . . ! 3
and said parcel is affected by Section(s). N/A ...
....... . ;
. ... . , ,
- - - -- - . . ... . 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.
E.- � h
GL v �o
LU DIRECT APPEAL
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w SPECIAL PERMIT TO CHANGE
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NONCONFORMING USE
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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-Laos and Building Code would involve practical difficulty or unnecessary
hfrom theardship to the intent and g
haafolltin
Undersigned and relief may be granted without substantially derogatin
purpose of the Zoning Ordinance and Building Code for t
ing reasons: The property at 47 Ocean Avenue is the former South Branch
Library of the City of Salem. Pursuant to a March 26 , 1986 hearing, the
Board of Appeals issued a special permit (copy attached) allowing the
premises to be used for professional offices. The petitioner, pursuant
to Section V (B) (10) of the Zoning Ordinance, requests a special permit
to allow the premises to be used as an antique shop. Such change will not
be substantially more detrimental than the existing permitted nonconforming
use in that a) most of the petitioner' s business is by appointment, with
walk in traffic at a minimum, b) the number of employees may be limited to
4 rather than the currently permitted 10 ; and c) the existing parking
area will generally fully service both employees and customers, thereby
eliminating the potential offstreet parking burden which could result
from heavy usage of the currently Owner Thomas Ford.,. Trustee*.�
permitted professional office use . """ ....................
Address.118. TenneX St... Georaetown,Ma.
....
Telephone.5 Q$:Q`J�.-.S$Q�................
Petitioner.Paul. A.. Burke
•
Address. 121. Essex St Salem, Ma. 01970
.. .. ...........................
Date..(Nr�y.. Z,..�n s 6...... JTelephone. 8-7 4 4-2 2 4 2
BYT
Three Peter R. Merry, ' t--;Y.�foPetitioner**
with-a.copies of aPPlication_must-.be-filed �:
_vitthe:Secretary-of the.
Board--of.r1.�for=advett3siagTi=the='a.e....r-ofz;».►_»......�.foom-weeta: toathac
seetiag-of=tha--Board-oOeAppeel�-Csa—payaylb--to-ithe�Salec
HGeaingrNeos. -
*of South Branch Realty Trust u/d/t dated
June 5 , 1986 rec. with Essex South Registr ,
Book 8301 , Page 484
**Tinti, Quinn & Merry, 222 Essex St. Salem,, Ma
Telephone--745-8065 - cX_�;. .:,
_05/7,4+1996 15:16 5083527943 TFORD CO INC PAGE 02
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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 Asscciate
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 s.
for a oernit is Section V B 1,0, which provides as follows: CD
Notw}j;standiog anything to the contrary appearing in this D
OrdiWce, tie Board of Appeal may, in accordance with the r�
proe¢ture an* conditions set forth in Section VIII F and IX D,
granf'-Speciaf Permits for alterations and reconstruction of
noncomforming structures, and for changes, enlargement, extension
or a&pansion"of nonconforming lots, land, structures, and uses,
provided, however, that such change, extension, enlargement or
exparif iqk stt4ll not be substantially more detrimental than the T
exis6anq.,no3conforming use to the neighborhood.
A J H
R W U
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 findias
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 tO evidence presented at. the
hearing, and after viewing the plans, makes the follo ing 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 , convenience
and welfare of the City's inhabitants_
05/14119,96 15:16 5083527943 TFORD CO INC PAGE 03
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DECISION ON THE PETITION OF T. F6ND LtrMPANY (PETITIONER) , TRUSTEES OF
THE SALEM PUBLIC, LIBRARY (OWNERS) FOR A SPECIAL PERMIT FOR 47 OCEAN AVE. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant. the S:.,rClal
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 builaingp
h F'nnnt lo,.rn prop £tri nr,. i .Poyotto "tract he muintminari ac a l .wn with
appropriate plantings and under no circumstances shall parking be
allowed on this area;
c.naracter or Lne exterior or- Cne uuiluiug uUL uc Uhaug�ui
6. 1. Certificate of Occupancy be obtained.
SPECIAL PERMIT GRANTED
dames B. Hacker, Ghairman
i.
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY ^I-ERK
PiIRSII!,1IT TO SFCLON 17 OF i'.:E
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OF I,LLCIi'J Ok 15 R6-OROEO A1,D WIEU Drl THE Ov/NER S CERTIFICATE DF TITLE.
BOARD OF APPEAL
DateMay- k Yana l .
1 hereby certify that 26 daZrs hax"xPirnA
from the date this insfiument'� O$ re'tetved,
and that NO APPEAChga,b6Oh'ftled in this / —
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A True Copy
ATTEST: Cl Sa{ett4'W(ass.
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OCEAN AVENUE.
PLOT PLAN OF LAND
LOCATED IN
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REFEREN
DEED : REC. BK. 8301 PG. A190 tiA AlEPARED FOR
PLAN : SK 1418 �* c11 L. � PAvL A SuP.0
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I CERTIFY THAT THE BUILDING_"S)___ " NC-35043 3 043 0 14AJ til 19%
HEREON ARE LOCATED ON THE 66��oOuunnvu �o 9F�P �o o- " TH sug yEY CORPORATION
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— - S�a"AL LAND= 7 LINDEN STREET - S.ALEAI,MA.
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