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DECISION ON THE PETITION OF WILLIAM & CHERYL GALLAGHER REOUESTING A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 3 SCENIC TERRACE (R-1)
A hearing on this petition was held April 17, 1996 with the following
Board Members present: Stephen Touchette, Chairman, Gary Barrett,
Nina Cohen, Albert Hill, Associate Member 2oseph Ywuc. 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 to allow the home sales of
firearms in a R-1 District for the property located at 3 Scenic
Terrace (R-1 ) .
The provision of the Salem Zoning Ordinance which is applicable to
this request for a Special Permit is Section 3-3(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 Sections 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, , onvenience 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
following findings of fact:
1. Petitioner has been a Federally and State 1:censed firearms
dealer for 12 years and has been licensed to sell firearms for
8 years at the subject property.
2. Petitioner's records indicate 52 firearms transfer transactions
over the last 12 years.
3. Petitioner indicated that he stores no firearms for sale at his
residence, and that most firearms are picked-up on the same day
that he accepts delivery.
"DECISION OF THE WILLi:_i & CHERYL CALLAGHER REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 3 SCENIC TERRACE R-1 !
page two
Petitioner represented that his customers are people he knows-
friends, neighbors and family.
5 . Petitioner represented that his home has a safe for storage of
firearms when they are on-site as well as a security/alarm
system.
6. Petitioner submitted a petition signed by 12 neighbors who
indicated that they had no problem with his request for a special
permit for the home sale of firearms.
7. No one in attendance at the hearing spoke in favor of the
petition.
8. Ward 4 Councillor Leonard O'Leary spoke in opposition to the
petition.
9 . Robert Roderick, 18 Scenic Avenue opposed the petition and
submitted a petition containing the signature of 18 neighbors who
also opposed the petition. Two names appearing on this petition
also appeared on the petition submitted by the petitioner.
10. William Michaud, 1 Scenic Way; John Jermyn, 1 Outlook Avenue;
Cheryl Terry, 6 Scenic Place; Jean Solimeno, 138 Marlborough Rd;
Eileen Kendall, 6 Scenic Place; Maureen Lloyd, 18 Scenic Ave;
Rita Wilkie, 22 Scenic Ave. spoke in opposition to the petition
citing concerns for the safety of the neighborhood and its
children and generally opposing a business being conducted in a
residential area.
On the basis of the above findings of fact, and on the evidence
presented, the Board of Appeal concludes as follows:
1. The Special Permit requested cannot be granted without
substantial detriment to the public good or without nullifying and
substantially derogating from the intent of the district or the
purpose of the ordinance.
2. The granting of the Special Permit requested will not be in
harmony with the neighborhood and will not promote the public health,
safety,convenience and welfare of the City' s inhabitants.
Therefore, the Zoning 3oard of Appeal voted unanimously, 0-5 in
opposition to the motion to grant the relief requested. Having
failed to garner the four affirmative votes required to pass, the
motion to grant fails and the petition for a Special Permit is
denied.
SPECIAL PERMIT DENIED �r' (SC
April 17, 1996 C��y � � c
Gary Barrett
Member, Board of Appeal
C
_ ON OF THE WILLIAM & CHERYL GALLAGHER REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LIGATED AT 3 SCENIC TERRACE fR-1i
-2e three
COPY OF THIS DECISION HAS BEEN FILED !, H THE PLANNING BOARD AND
HE CITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section
1' 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 or Deeds and indexed under the name of the
owner of record or is recorded and noted on the owner' s Certificate
of Title.
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Board of Appeal
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DATE OF HEARING April 17, 1996
PETITIONER William & Cheryl Gallagher
OCATION 3 Scenic Terrace
MOTION: -0 GRANT SECOND AMENDMENT SECOND
TO DENY SECOND
I
TO RE-HEAR SECOND
WITHDRAW SECOND
I
CONTINUE SECOND
ROLL CALL PRESENT GRANT DENY AMEND WITHDRAW RE-HEAR CONTINUE
GARY M. BARRETT V
ALBERT C. HILL v
STEPHEN TOUCHETTE A
NINA V. COHEN
ASSOCIATE MEMBERS
ARTHUR LEBRECQUE
JOSEPH J.YWUC
CONDITIONS:
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WE THE UNDERSIGNED RESIDENTS, HEREBY OPPOSE THE PETITION
OF WILLIAM & CLERYL GALLAGHER REQUESTING A SPECIAL PERMIT
FOR THE HOME SALE OF FIREARMS IN A R-1 DISTRICT FOR THE
PROPERTY LOCATED AT 3 SCENIC TERRACE.
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Petition
We, the undersigned, do not have any opposition to William J. Gallagher
operating his firearm sales business from 3 Scenic Terrace, Salem, MA.
Name Address
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APPEAL CASE NO. .
�itv of �zlem, ,��ttssnr�rusP#�S
peal
TO THE BOARD OF APPEAL:
The Undersigned representthathe/she is/are the owners of a certain parcel of land
located at: .��. .^.4ew:� . .(= ✓✓k=:?• • . . . .Street; Zoning District. . .. . .. . . .. .. .......:
and said parcel is affected by Section(s).. . . . . . .. . . . . .. ... . . . . 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.
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The Application for Permit was denied by the Inspector of Buildings for the following
reason(s):
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: n
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Owner.
Address. SGC�ir.0�Yf1�z: j:sa�¢✓;.
Telephone
Petit1oner...:5.° :e....................
Address....... .........................
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Date...................... Telephone....s6:::::. .
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Three-copies of the_applicatiea suet be filed-with-the.Secretary of the--Boszd:,of Appe:L-,
with a cheeky for advertising in the: asomt::of * ............ four weekar, orytti�
Meeting, to the-.Sal nk.Evening-Bess of the-Board of Appeal. Checlt payable-. ..
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