192 OCEAN AVE WEST - ZBA 192 OCEAN AVE. WEST
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DECISION OF THE PETITION OF REGINALD HARTLEY REQU �� q�." ,FNFSS CITCLL`RK's
ON
VARIANCE FOR THE PROPERTY LOCATED AT 192 OCEAN AVE. ST' ('$�\R3f
A hearing on this petition was held July 16,1997 with the following Board
members present: Gary Barrett; Chairman, Nina Cohen, Albert Hill, Joseph
Ywuc and Richard Dionne. 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 Variance to allow a Change of Use to enable the
garage to be used for storage of commercial equipment for the property
located at 192 Ocean Avenue West.
The Variance which has been requested may be granted upon a finding of this
Board that:
1. Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land, buildings, or structures in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1. The petitioner requested to grant to withdraw the Special Permit without
prejudice and was granted by Board of Appeals Members.
2. Petitioner, lives in Marblehead and operates a landscaping business
in which he stores some of his equipment in this garage.
3. A letter was read from Councillor John Donahue, Ward 3 with his concerns
with the appearance of the garage and stating that the garage should be
restricted from being a place of business and limited to storage only.
4. Mark Tibada of Jefferson Avenue spoke in favor to the petition.
5. Mr. Beauvis, 202 Jefferson Ave. spoke in opposition to the petition with
concerns about the appearance of the property and equipment being stored
outside of the garage.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property
and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
DECISION OF THE PETITION OF REGINALD HARTLEY REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 192 OCEAN AVE. WEST
page two
3. Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant
the variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statures, ordinances,
codes and regulations.
2. All requirements of the Salem Fire Department relative to smoke and
safety shall be strictly adhered to.
3. No storage of equipment outside of garage except for hydro seeders.
4. Garage to be painted by October 1, 1997 and property be kept
maintained.
Variance Granted
July 16, 1997 ��/" ��CU�tC �SC
oseph Ywuc, 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
the Massachusetts General Laws 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 Massachusetts General Laws 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
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APPEAL CAS .
E NO. .
Enara ai AuFPal
TO THE BOARD OF APPEAL:
The Undersigned represent that he/she is/are the owners of a certai parcel of laced
located at:. / ;,�Aw, Ae ....... .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); I
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 intent Undersigned and relief may be granted without substantially derogating
from theand Purpose of the Zoning Ordinance and Building Code for the follov-
,.fng�ns:
1.
Owner..,=:.lzzax)_�
Address...
Telephone. ... „6_�/ 3f7`
Petitioner. ..ai• ;0/J✓�GI�..�� -�
Address... .c,..LC'tt'� `tl.: :.(.C/ .�6L/L
Cate.. .!....... Televnone'?.
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Three copies of the application must be filed with the Secretary of the Board of Appeal
with a check, for advertising in the amount of ;............. four weeks
Me""W 04 tb-hWW&0� prior to the
4pca1. Cheek naya6Ie to Cfie -1ar= gvP.� Rte.
1'M:1'ITION TO BOARD OF APPEALS
LOCATION
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PETITIONrlllmvl-UJ)
Date: .
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1+ (1I Office of the Ulitg (lbouncil
Ting liall
COUNCILLORS AT-LARGE SCOTT J. MCLAUGHLIN WARD COUNCILLORS
PRESIDENT
DEBORAH E. BURKINSHAW 1997
1997 - CITY CLERK PETER L.PASKOWSKI
THOMAS H.FUREY REGINA R.FLYNN
KEVIN R.HARVEY JOHN J.DONAHUE
SCOTT J.MCLAUGHLIN LEONARD E O'LEARY-
STANLEY J.USOVICZ,JR. WILLIAM A.KELLEY
SARAH M.HAYES
MARK E.BLAIR
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Nir. (jao' Rill'ICIL ('h li.l
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One: S;Ilcn1 (irCCl'I
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I lulu. \V,illi,_ IV IU(Ill'>I flit' 111111!,{ 4 C:unSidcroiion Of CCrtaln c nkliNons sholild Its
HI ill!•vl:. ',Ice:idv io 1pprovc., NIr. Itepillaid I lartli•v's petition ltlr tl special permit
n ' v;u'iarLc
, ;Il;,\\ ;I h;ut��r ill use of lilt' Ivoi+;:rt,: located :lt 19� (.)CCAIl fAVCIILK: WQSt.
1111.; pl'opc1ty hal liCC11 Illv:"Hlk kl ed t"ol' tile Stolalle (.tl CUII'llllia'Ci;II CCILNpI1%1nt,
I Ilk- !lci:llirlorF. 1:C111tellcl Lllat !hQ% would Ilot hokic hoer n pl'(1171e111 WIQl (his head 1110 -
._ pt(l11Ct'tS propill".' Illtll l'ItJlnc':I. I hL' 11e I"I1bOIS.Sj)eC.11'1CL11%' e..Nj7ed that the :ll'i:l toe. on
Ihlr .Jtr itc Irainted '.Ind uthen+isc made to hk' 1I)0Ic in I:eepin� �+iltl tllc condition ill
rruuo,iil ; pei,pi tier. In fIddill tl. th, ptlhliC )A;I\. Mlidl ]isu:ls to the Site ShOUld hr ft'ix:
\1r 1l;ut!ev' cquipuliJtt or ally othir equipment rctlalyd IO Itis 11USincsS, Finally. Lhe
a U!C >thLuid be I'c"'Mctrd limn bu'nlu a place (A hu tnc_a rmd III'nitid to stolal,,e on[;.
I Clink vuu (i)r vin r Cunvid 'r< li;:,n ilf dlis Iliattcr.
yjolicill
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Ward fbree ("oullcillor
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F �attrD of �upeal
,
We the undersigned do hereby waive all rights with regard to time
requirements for the Zoning Board of Appeal relative to hearing
the following application:
Property Location
Original Meeting date
New Meeting date
Signature of Petitioner and/or his/her Representative:
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DATE :_.::7VG
PETITIONER �f
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LOCATION
hOTICN: 74, GRANT SECOND AYENDFENT SECOND
:0 DENY SECOND
I
TO RE-HEAR SECOND
WITHDRAW SECOND
CONTINUE SECOND
i
ROLL CALL PRESE'r:T ,RAN DENY E WITHDRAW RE-HEAR CC
GARY i . BARRETT
ALBERT C. HILL
JOSEPH YWU
NINA V. COHEN
RICHARD DICNNE
ASSOCIATE F._1°BERS
ARTHUR LEBRECCUE
PAUL VALASI:;ITG
IS
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