5-7 WEBSTER STREET - ZBA WR STREET
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E.M.R. DRYWALL, INC;
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CITY OF SAl[M. MASS
CLERK'S OFFICF
DECISION ON THE PETITION OF E.M.R. DRYWALL REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 5-7 WEBSTER STREET (R-2)
A hearing on this petition was held November 19, 1997 with the
following Board Members present: Gary Barrett Chairman, Nina Cohen,
Richard Dionne 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 to Change the legally
existing non-conforming use of the property as a Machine Shop
manufacturing to a commercial Drywall business for the property
located at 5-7 Webster Street.
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 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, 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
following findings of fact:
1. Petitioner sought a Special Permit to operate a commercial
drywall business at the site. He was represented by Athan
Vontzalidez, Esq. of Peabody.
2. Under the proposed use, petitioner would install an office and
would use the building for the storage of equipment, tools and
ladders used in drywall installation. A maximum of 5 or 6
employees would be on site; the majority of workers would be at
offsite job locations, and no heavy machinery would be installed
DECISION OF THE PETITION OF E.M.R. DRYWALL REQUESTING A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 5-7 WEBSTER STREET
page two
at the property.
3. Petitioner explained that the business requires one
tractor-trailer delivery per week, and that employees begin their
day at 4:00 a.m. by loading the tools required for the job onto
the work truck.
4. The proposed use has the approval of neighbor Boleslaw
Przydziaol, at 13 Spring Street.
5. Paul Pelletier, of 1 Webster St. , and Celia Erwins, at 4 Webster
St. objected to the proposed use on the grounds that the night-
time noise would interfere with their enjoyment of their
residential property on the street, and Mr. Pelletier further
objected to the anticipated parking congestion that could result
from the use.
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 Board of Appeal voted 2 in favor, and 2 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 /
November 19, 1997 ///� CsC �
N✓✓✓i"'naa Cohen, Vice Chairman
Member, Board of Appeal
DECISION OF THE PETITION OF E.M.R. DRYWALL REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 5-7 WEBSTER STREET
page three
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 or 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
I
11f19t97, WED FAX 506 74.5, 222.3 _ JERRY FLYNN _ ,,., 0001
ON'of 0ulem, filassuousetts
N (office of tilt Qfttp QTonnril
Q1itg Mail
COUNCILLORS-AT-LARGE JOHN J.DONAHUE WARD COUNCILLORS
PRESIDENT
1996 DESORAH E.RURKINSHAW
THOMAS H FUREY CRY CLERK IV96
KEVIN R,HARVEY PETER L.PASKOWSKI
SCO)`T J.MCLAUGHLIN REGINA R.FLYNN
STANLEY J.USOVICZ,JR, JOHN J.DONAHUE
LEONARD F.O•LEARY
WILLIAM A.KEUfY
SARAN M."AYES
� November 19th, 1997 MARK E.SLAIR
Board of Appeals
City of Salem
Salem,Massachusetts 01970
To Whom it may Concern:
I am writing as regards the petition of E.M.R. Drywall,Inc. requesting a Special Permit
to change the legally existing non-conforming use of the property as a machine shop to a
commercial drywall business with office space for the property located at 5 -7 Webster.
As the Ward Two City Councillor T am unclear as to exactly how that business will be
operated-
Are they going to be manufacturing drywall,or simply storing and selling it? is there not
another location in a business district that is properly zoned for this business endeavor?
This is a densely settled residential district that has been adversely impacted before by
the non-conforming machine shop. I rage caution tonight in granting this petition.
Due to a previous commitment tonight 1 am unable to attend the Board of Appeals
meeting. Thank you for allowing this letter to become part of the record of tonight's
proceedings.
Si erely,_,r
Re -n Flynn
W o City .ouncillor