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15 ROBINSON ROAD BPD - ZBA fir---- - G 15 ROBINSON RAOD BPD I 'U) s J ` J r CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR ��CLERK SAOFF CE A SALEM, MASSACHUSETTS 01970 MAYOR STANLEY USOVICZ, JR, TELEPHONE: 978-745.9595 M FAX: 978-740-9846 110 DEC - i P Z. 33 DECISION ON THE PETITION OF AAA ENTRIPRISES TING AN REQUES ADMINISTRATIVE RULING FOR THE PROPERTY LOCATED S 15 ROBINSON ROAD BPD A hearing on this petition was held on Novembei 17,2004 with the following Board Members present: Nina Cohen Chairman,Richard Dionne, Bonnie Belair,, Edward Moriarty and Nicholas Helides. Notice of the hearing was sent to abutters and others and notices of the hearing were published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner is requesting an Administrative Appeal of the Building Commissioners determination that a Special Permit is required for the increase of use for the property located at 15 Robinson Road located in a BPD zone. The Board of Appeal, after careful consideration of the evidence and alter reviewinthe Plans at the hearing,makes the following findings of fact: g 1. Attorney James Rogal of 32 Church Street, Salem presented the petition asserted the following: a. The Petitioner and his business is an asset to the community providing services that the City uses and providing plowing services to the City. b. The same business has been operation on the site for 30 yews now using new methods. c. City must prove that there has been a change in use. 2. Nina Cohen,Chairman of the Zoning Board,asked whether there were containers on site-the answer from the petitioner was yes; and whether there was a junk business on site-the answer was yes. 3. Mike Ferris-Petitioner stated the business is now AAA Enterprises. 4. Discussion about dispute over the road and who owns the road, Robinson Road. 5. City Building Inspector, Tom St. Pierre, stated that there was a complaint and there is a new business renting space on the premises. 6. Attorney Patrick Delulis presented the following: a. His client has no objection to the junkyard business. b. 5 single family homes on his client's property are rented to families. There are very bad odors emanation from trucks and containers that affect the tenant's quality of life. c. Run off of materials into a brook. d. Incinerator debris is damming the brook causing overflows. e. The parking of trucks and containers is next to houses with no setbacks, why not elsewhere on the premises. CITY OF SALEM, MA CLERK'S OFFICE DECISION OF THE PETITION OF AAA ENfRIP PRISES REQUESTING AN ADMINISTRATIVE RULING FOR THE PROPERTY LOCAIN 15 ROBINSON ROAD BPD page two �� _ I P Z. 31 f. The land was altered to change the drainage. g. A letter dated 2/7!2000 from the Board of Health stated that there are high levels on MBMgasoline in the well water and he(Mr. DeIulis)alleges that the likely source is the junkyard. h. The operation of the business has changed and they are now handling r restaurant garbage. i. He request an order from the Zoning Board to remove the trucks and Containers and keep them no less than 200 feet away from the dwelling. 7. E. Cologn of 10 Robinson Road stated that she rents one of the abutting dwellings and has problems with roaming dogs from the site and people unable to find Robinson Road. 9- Ms. Ruiz of 14 Robinson Road stated that she has a baby and she cannot open her windows because of the smell and is fearfW of the roaming dogs. 9. City Councillor Joseph O'Keefe, states he support for the petitioner and stated that he is not currently a Fire Marshall and inquired if it was an abutter that made the complaint of the change in use?He also inquired if the City had a definition of ajunkyard in its Zoning Ordinance. The response for the Board's Chairman Nina Cohen was there is no definition. He further states that the business has been in operation for 30 years and the courts should decide this not the Zoning Board. He inquired if there was any evidence or notification from the DEP on the alleged pollution. No evidence or notice was produced. 10. Mr.Hill of 10 Robinson Road stated that Rubbish Removal Trucks are parked behind his house, where he has lived for 3 years and the trucks have always been there. 11. Daniel Hibbard of AAA Climbers(abutter)stated the following; a. He wants to use RobinsonRoad. b. State owns the road c. The operation of the junkyard business is fine with him. d. Inquired about the difference between a junkyard and scrap yard? 12. Attorney Rogal presented the following response; a. His client does not receive any rent for the parking of the rubbish trucks b. There is no trash stored or brought to the site c. The containers and rubbish trucks do not have trash in them. d. Odor issues should be addressed by the Board of Health e. There has been no action by the Conservation Commission relative to any of the assertions. f. Regarding the contaminated wells, the DEP tested his site and found no contamination 45 years ago. t pe \ V DECISION OF THE PETITION OF AAA ENTRIPRISES REQUESTING, ROBINSON ROAD BPD ADMINISTRATIVE RULING FOR THE PROPERTY LOCATED AT 15 page three g. His client has both a junk dealers license and a Class 3 license b. His client has 42 years in the business. The Coential tenants o ThtPi ajunkyard new them as stated that when they rented 13. City Building trucks and dumpsters was a more detrimental use. P��g of the trash 14. Zoning Board Chairman,Nina Cohen stated that the trucks should be removed and the owner should obtain a permit for the increased use. Therefore, base on the fact and on evidence presented, make a motion to Uphold Building Commissioners' the St. Pierre determination that a Special Permit is required for the increase in use for the property located at 15 Robinson Road. With a vote of 0 in favor and 5 to deny the petitioners Petitioner sought and received a S ��' Additionally, of 5 in favor and 0 is si pedal Permit to allow an increase in use with a vote oppo tion with the following conditions; 1. Petitioner shall comply with all city and state statues, codes, ordinances and regulations. 2. All requirements of the Salem Fire Department relative to oke and fire saf smety shall be strictly adhered to. 3. Petitioner shall obtain approval from any City Board or Commission having jurisdiction including, but not limited to the Conservation Commission. 4. Storage of trailer shall be 50 feet from lot line. 5. Petitioner shall keep dogs on his own property. b. Parking of garbage trucks/containers shall be 100 feet from resid 7. No storage of any material other than intended use ents. ADMINISTRATIVE RULING DENIED dt SPECIAL PERMIT GRANTED November 17,2004 r f� Nicholas Helides, Member Cs , Board of Appeal e� a r-< M o n �T or- nmm 3 W D W FROM :aJILDINGDEPARTMENT FWS NO. :9787409646 Aug. 03 2004 10:53RM P1 ZCITY OF SALEMI, MASSACHUSETTS P aUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR 4 SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 970.745.9585 EXT. 380 MAYOR FAX: 978.740.9846 July 29,2004 A & H Auto Exchange Inc 15 Robinson Road Salem, Ma. 01970 RE: Zoning & Sign Violations Dear Mr. Hutichson: This Department has received and investigated a complaint regarding both Zoning and a sign that was recently erected without it permit. Yourbusiness. A &H Auto Exchange is located in an Industrial Zone. Thejunkyard is It grandfathered non-conforming use. Section 8.3 of the Salem Zoning Ordinance ullows the use as the junkyard to continue but requires a Special Permit for any increase in rues or change in use. The addition of the trash business, container business or tiny other use requires a Special . Permit. You are directed to either cease the additional uses or to apply to the Salem Zoning Board of Appeals for the increase in use. If you feel you arc aggrieved.by this order your appeal is also to the Salem Zoning Board of Appeals. The other violation is the sign that was crected without any permite. State Building Code 780 CMR,Section 3102.3 requires a building permit for any sign. Additionally, Salem Sign Ordinances requires all signs to be reviewed and approved by the Sign Committee (Planning Department) You u e directed to either remove the sign or to file an application with the Sign Committee within 30 days upon receipt of this letter. If you have any questions, please contact me directly. Wft.� i ✓reit .s �o� . ILDINGDEPRRTMENT FAX N0. :9787409846 Aug. 03 2004 10:55RN P1 Sincerely, Thomas St, Pierre Zoning Enforcement Officer cc: Kate Sullivan, Mayors Denise McClure, Planning Frank Taormina Attorney.lames Rogal Beth Rennard, Assistant City Solicitor Law Office of PATRICK J. DeIULIS 31 Collins Street Terrace Lynn, Massachusetts 01902 Telephone(781) 595-8677 Facsimile (781) 593-7840 e-mail: pdeiulis a,deiulisbrothers.com August 6, 2004 Mr. Thomas St. Pierre, Director City of Salem Department of Public Property 120 Washington Street Salem, Massachusetts 01970 RE. Junkyard and Auto Salvage Business Operated At I5 Robinson Road Dear Mr. St. Pierre: I was provided a copy of your July 29,2004 letter to Mr. Hutchinson regarding the sign he had erected without permits for his businesses at 15 Robinson Road. As you know,I represent Carmine and Angelo Mongiello,the owners of the parcel numbered 120 Swampscott Road that is adjacent to the junkyard. My clients wish to go on record that they object to the granting of any sign permit to Mr.Hutchinson. As the basis for their objections my clients wish to make note of the following. First,the sign that was erected is attached to a utility pole in front of my clients' property. Not only is it a violation of the City's sign ordinance (Article 11, Section 4-58(d)to attach a sign to a utility pole,this particular utility pole is located along the frontage of my clients' property. Second,the property at 15 Robinson Road has no legal frontage along Swampscott Road and accordingly should not be allowed to erect a sign on a way on which it has not frontage. The placement of the sign would by necessity be off the subject premises and on a public way,which would be in violation of Section 4-48 of the sign ordinance. We respectfully request that any application for a sign for the businesses located at 15 Robinson Road that is to be placed on Swampscott Road be denied. ery my yo s, Patrick DeIulis Attorney for Carmine and Angelo Mongiello cc: Carmine and Angelo Mongiello pf?O��p f'`( LIN�S C def; #?) \r, Map I Lot 62 �XI51'ING CON1'OUf?5 - - - - - - C f?ef, # b) L P — n/ f North Shore 1enn�s �, f, l `` L & 5L quash Club Inc, �X15VN6 PAV�M�N1' C def, # a) p� C'�oX 667 / ,✓i r �X1511NG f3UII.nINGS -.w.._._..,..........._.�n_,�..,_...,: C PY. # :) � � r Salem; MA 01970 __... ._ �. 511 o �XI511NG F�NC� _ __ _ \ , C def, P\�COFV 5fON� WA,L #�) / i �X151'ING WA1�p CDUf?5� - - - - C t?efl # ?) ° r41� I �4511NG In\� LINA I?ef, #?) � I PI?01`05�12 Lor LIN�5 s y I 15 0 �, �6 5 , u: J W60,5 i _ _ I i r Map � Lot 85 -'' ;'" •J '..'" '' � , , 101.0 . . x j'� 101, 5 `/ n/ f 120 Fealty frust �' �. Pana av ! 11'5 . + 0 , C Itu of Salem Assessor' s Maps 6 & 7, b� Camp, Presser & Mc:ec, Januar 2001 _. SwamppcpecMA 0190-7 r �I - I 2) Salem, Massachusetts Topographic and planimetric 5urve�, b� N,wJF England 5urveq Service Inc,, Boston, MA, 1965 �' f -- t ,• 3 0 ea ���cre i Locus, Pecol Book -7428 Fage 105 , �,. _ _ Plan ooN ; I ?I-,�; i 5 � -!: + ; � �ai,o _ . - - ., � - - quo. f � _ 4 'C r , 'A �A .w Note; Limited On-Ground 5urveq of Site ��. e�� �\\� �� �, - f erformeol March 2000 bq Coastal 5urve r � - ROBERT Panver5, MAZI fr H. � RIFFt ' NI t�r • \. .,,..,. _.. .,, ._...-. ..- _ � r"' r / •` 1 - F \fib No.366M �- I i . . EX . - 3a , _. / x - T r' L. I- , / M � ._ S � . \\\ Map 6 Lot 14 J , � p` x/ J'` ___ .,. . `n/ f Carmine Monq�ello / _ 9")061 _ ,,� � � \��' ,- ' e' ;• ,.� & !Angelo Morigiell4 �., P.O. _ 100 &4-*n, �, \• � .,, -... .. '� � - ,, ,,` x Avenue , �L J � , - A 1 { 1 r % 1 � I / A M �l r,. , Q1 .- <" _. :_ 7e1:-. 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