12 MADELINE AVENUE - BUILDING INSPECTION L. 1�2 MADFTINF AVENUE
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'�"�•o,mn 9 Pearb of LAypenl
CITY CLERK,SALEH, MASS.
DECISION ON THE PETITION OF CHARLES M. SISSIAN FOR A SPECIAL
PERMIT AT (R-1 )
A hearing on this petition was held January 13, 1988 with the following Board
Members present: James M. Fleming, Vice Chairman; Richard Bencal, Secretary;
Edward Luzinski and Associate Member Dore. 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 Law Chapter 40A.
Petitioner is requesting a Special Permit to allow telephone and mail order
sales in this R-1 zone.
The provision of the Salem Zoning Ordinance which is applicable to this request
for a Special Permit is Section V B 10, 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 VIII F and IX D, 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 neighbhorhood.
In more general terms, this Board is, when reviewing Special Permit request,
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 hearing the evidence presented, and after viewing the
plans, makes the following findings of fact:
1 . No support and only one person in opposition appeared at the hearing;
2. Petitioners grandson, who will be operating the business will not be
meeting salespersons, clients or others at this site;
3. The site will be used only for telephone and mail order sales
in a small portion of the buildings.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
1 . The relief requested can be granted without creating a
substantial detriment to the public good and without substantially
derogating from or nullifying the intent or purpose of the Ordinance.
DECISION ON THE PETITION OF CHARLES M. SISSIAN FOR A
SPECIAL PERMIT AT 12 MADELINE AVE. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the
relief requested, subject to the following conditions:
1 . The Special Permit shall be valid until December 31 , 1988;
2. All requirements of the Salem Fire Dept. relative to smoke
and fire safety be adhered to;
3. No delivery truck or sustomers shall utilize the property;
4. No merchandise shall be stored on site;
5. One ( 1 ) person may be employed on site.
SPECIAL PERMIT GRANTED
Richard A. Bencal, Secretary
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 L'.''
CENEftAL LAWS. Cfi,P1ER 8O8, AND SHALL BE PLED WITPJ71 £G DA)S AFT OR THE DATE OF
.F S I�ECISION IN THE OFF;CE OF THE CIl' CLERK.
F . ."SS ''EVER L L .'.ti S. CII.PTER SdS. SECT: ,. Tu° .':CE O' ° '-.:IT
_..: SH .. dE E?EST U'!PL A Cop ... . . .. .. 'Iii
I N OF 1HE CITY CLERK; TH ST 20 DAYS F61'E ELAT H'.�
f. :ri:ii. IF SUCH AN APPEAL HAS BEEN FILE THAI IT
RZ',. CED IN THE SuGIH ESSEX RE-:iSTRY WDEEDS A'd.` .'Ev __ -i!E OF 1,1E 01.i.
OF RECORD OR IS RECORDED AND NOTED ON THE OWNEk CLR1iFI0A7E CF TITLE.
BOARO OF APPEAL