8 PROCTOR STREET - ZBA s
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UPC 10333
No. 153L-3 e
HASTINGS,MN
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t eo CITY OF SALEM� MASSACHUSETTS
BOARD OF APPEAL
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R 120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA O 1970ft
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TEL. (978) 745.9595 `�" n~
FAX (978) 740.9846 n t 1�
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STANLEY J. LISOVICZ, JR. ~ =-r
MAYOR W 6(n
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DECISION ON THE PETITION OF JOHN DIONNE REQUESTING A SPECIAL PERM R ('m
FOR THE PROPERTY LOCATED AT 8 PROCTOR STREET R-2 t D
A hearing on this petition was held on October 16, 2002 with the following Board
Members present: Nina Cohen, Nicholas Helides, Stephen Harris, Joseph Barbeau 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 News in accordance with
Massachusetts General Laws Chapter 40A.
Petitioner requests a Special Permit for the operation of woodworking shop and other
constructed related light industrial use for the property located at 8 Proctor Street located
in a R-2 zone.
The provision of the Salem Zoning Ordinance which is applicable to this request for a
Special Permit is section 5-3 (2) (8), 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 of expansion, of nonconforming
lots, land, structures, and uses, provided however, that such change, extension,
enlargement of 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.
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
stuctures 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 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
DECISION ON THE PETITION OF JOHN DIONNE REQUESTING A SPECIAL PERMIT
FOR THE PROPERTY LOCATED AT 8 PROCTOR STREET R-2
page two
1. The Petitioner's will make significant improvements to this otherwise vacant and
rundown property, which will be to the benefit of all.
2. The nature of this operation will be to create woodworking pieces specifically for
construction projects, and not for retail sale; there will be no showroom or
displays.
3. The hours of operation for this business will be Monday through Friday from 7:30
a.m. until 5:00 p.m. and on Saturdays from 8:00 until noon.
4. There exists a lot that provides sufficient parking to support this business.
5. Any signage for this business will be reviewed and approved where applicable by
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the Sign Review Board.
6. Councillor Kevin Harvey spoke in favor to this request.
7. There was no opposition to this petition.
On the basis of the above findings of fact, and on the evidence presented at the hearing,
the Board of Appeal concludes as follows;
t. Literal enforcement of the provisions of the ordinance would involve substantial
hardship on the petitioner.
2. 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.
3. 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 5 in favor and 0 in opposition, to grant the
relief requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statues, codes ordinances and
regulations.
2. A Certificate of Occupancy shall be obtained.
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
4. A Certificate of Inspection shall be obtained.
DECISION OF THE PETITION OF JOHN DIONNE REQUESTING A SPECIAL PERMIT
FOR THE PROPERT LOCATED AT 8 PROCTOR STREET R-2
page three
5. Petitioner is to obtain approval from any City Board of Commission having
jurisdiction including, but not limited to, the Planning Board.
SPECIAL PERMIT GRANTED
October 16, 2002 . „ y 6 �FZfc�
J
eph Barbeau �C
Board of Appeals
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 the 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.