192 OCEAN AVENUE WEST - BUILDING INSPECTION 192 OCEAN AVE. WEST ,
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of "$ttlem, 'Tassadlusetts
�oara of �ppeul, o�
lUL JO
cAL : .. MASS CIiY GF SI;I.FONf
DECISION OF THE PETITION OF REGINALD_HARTLEY REQUE� .A r ';f !CF CLtRK'S
VARIANCE FOR THE PROPERTY LOCATED AT 192 OCEAN AVE. ' �' ('�t�\)23)
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.
r
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 �� _ !� c�z� — �' C/ �
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
APPLICATION ® ADULT NUMBER Trial Court of Massachusetts
[WOR,COMPLAINI ❑ JUVENILE. +' District''Court Department
❑ ARREST ' I C7 HEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION
The within named complainant requests that a complaint issue against the within tlYrloat�UlArtfl��et
named defendant, charging said defendant with the offense(s) listed below. -
DATE OF APPLICATION I DATE OF OFFENSE PLACE OF OFFENSE t t
Sune 4,1997 May 12, 19971 192 Ocean Ave. West
NAME OF COMPLAINANT
City of Saihm Building Department NO. OFFENSE G.L.Ch. and Sec;
ADDRESS AND ZIP CODE OF COMPLAINANT City of Salem Zoning
One Salm Green '' . Ordinance Sec.. 5-2
Salem, Mass. 01970 Permitted uses
2.
NAME,ADDRESS AND ZIP CODE OF DEFENDANT
fleginald Hartley. - --—----
19 Shurhaw Terrace 3'
Marblehead, Mass. 01945 4.
COURT USE A hearing upon this complaint applicationr ATE OF HEARING TIME OF HEARING COURT USE
ONLY----*' will be held at the above court address on AT 3 c) I *—ONLY
CASE PARTICULAft — B SPECIFIC
NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED
NO. Owner of property, Goods stolen,what Over or under SUBSTANCE OR WEAPON
person assaulted,etc. destroyed,etc. $250. Marijuana,gun,etc.
i 1 -
2
3
4
OTHER REMARKS:
Failure to respond to correspondence.
X
SIGNATURE OF COMPLAINANT
DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known.
DATEOF BIRTH PLACE OF BIRTH SOCIALSECURITY NUMBER SEX RACE HEIGHT WEIGHT EYES HAIR
OCCUPATION EMPLOYERSCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME
n
O
r �
r
D
Z
D
Z
Cr
O
O
j
DC-CR2(3188)
(situ of 3ttljem, massac4usjetts
1 i'a Public Propertg Repartment
Guilbing i9 partment
(One daleat Breen
500-745-9595 Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
May 12 , 1997
Reginald Hartley
19 Spurhaw Terrace
Marblehead, Mass . 01945
RE: 192 Ocean Ave . West
Dear Mr. Hartley:
This office keeps receiving complaints from abutting
neighbors concerning the use of the garage located at 192
Ocean Avenue West. You must cease & desist using said
property for storage of your landscaping equipment at
once. The garage is located in an R-3 residential
district which does not allow commercial use .
If you wish to apply to the City of Salem Zoning
Board of Appeals for a Special Permit to allow this use,
please contact my office for an application .
Please contact me upon receipt of this letter to
inform me of your course of action in this matter.
Failure to do so will result in legal action being taken
against you.
Thank you for your anticipated cooperation in this
matter.
Sincerely,
Leo E . Tremblay
Zoning Enforcemen Officer
LET: scm
cc: Councillor Donahue , Ward 3
USE REGULATIONS SALEM ZONING ORDINANCE Art.V, § 5-2
ARTICLE V. USE REGULATIONS d. No products shall be publicly displayed
or offered for sale from the roadside.
Sec. 5-1. Generally. (3) Nursery,elementary and secondary schools,
(a) Uses of land, buildings and structures shall public parks and playgrounds, and public
be regulated according to the schedule of uses set libraries.
out in this article for each type of district. "Per- (4) Churches and similar places of worship.
mitted uses" are those which shall be permitted (5) Parish houses, convents and monasteries.
in the district at any time. "Special permit uses"
are those which may be permitted in the district (6) Institutions of higher education.
at the discretion of the board of appeals upon its
determination that specific conditions are satis- (7) Public and private golf courses.
Fled. As explained in section 5-3(h)(3), "prohibited (8) Private garages and other accessory uses
uses"are those which shall be specifically prohib- and buildings, provided that such uses are
ited in the City of Salem at any time. clearly incidental to the principal use. All
(b) The interpretation of the language of this the buildings on the lot shall not occupy a
ordinance with respect to permitted and special greater percentage of the lot area than
permit uses shall be in accordance with the intent listed in Table I fallowing Article VI herein.
stated in section 3-1 for each type of district. (b) R-2 Districts. The following are permitted
uses in the two-family residential districts:
(c) The term "use of land" shall include the in-
terpretation which shall include the restriction (1) All uses permitted in R-C and R-1 Districts,
that the land cannot be used for the storage or except agricultural, horticultural and flori-
overnight parking of motor vehicles, including cultural operations.
trucks, tractors, trailers except as exempted by (2) Two-family dwellings,detached or attached.
section 7-1, unless the "permitted use" for build-
ings in the district allows such parking for the (3) Rooming and boarding of not more than two
storage of commercial motor vehicles. (2) persons.
(4) Historic buildings open to the public.
Sec. 5.2. Permitted uses. (5) Museums.
(a) R-C and R-1 Districts. The following are per- (6) Private garages and other accessory uses
mitted uses in the residential-conservation and and buildings, provided that such uses are
one-family residential districts: clearly incidental to the principal use.
(1) Detached single-family dwellings. (7) Buildings and facilities for elderly housing
(2) Customary agricultural, horticultural and projects built under the jurisdiction of the
floricultural operations, provided that: Salem Housing Authority and financially
aided by either the U.S.Public Housing Ad-
a. All the buildings combined shall not ministration and/or the Commonwealth of
occupy a greater percentage of the lot Massachusetts Department of Commerce-
area than listed in Table I following Division of Public Housing.
Article VI herein. (c) R-3 Districts. The following are permitted
pr
b. storage manure odor- or dust- uses in the multifamily residential districts:
producing suubstance and no building
in which farm animals are kept shall (1) All uses permitted in R-2 Districts.
be permitted within one hundred (100)
f (2) Multifamily dwellings.
feet of any property line.
c. No greenhouse heating plant shall be (3) Private garages and other accessory uses
operated within fifty (50) feet of the and buildings, provided that such uses are
property line. clearly incidental to the principal use.
11
.',APPLICATION .® ADULT NUMBER Trial Court of Massachusetts
FOR"COMPLAI ❑ =JUVENILE ti
District
Department
,❑ ARF E,_ i'`"' HEARING— • '- ❑ SUMMONS ❑ WARRANT--i COURT DIVISION
The within named complainant requests that a complaint issue against the within ttmtoom
named defendant,charging said defendant with the offense(s) listed below. ---- - IS8"d
DATE OF APPLICATION DATE OF OFFENSE I PLACE OF OFFENSE tit
Huns 4,1997 May 12, 19971 192 Ocean Ave. West
NAME OF COMPLAINANT
'-� City of..Sam Building Department NO. OFFENSE G.L. Ch. and Sec
ADDRESS AND ZIP CODE OF COMPLAINANT Cit Of Salem
One Sales Green y Zoning
------------------------_-__.- t' .Ordinance Sec.. 5-2
Salem," Mass. 01970 Permitted uses
2:
NAME,ADDRESS AND ZIP CODE OF DEFENDANT -
Beginald Hartley
19 Shurhar isirace --- — 3
Marblehead, lllasa. 01945
4.
COURT USE 'A hearing upon this complaint application ATEOP.HEARING TIMEOFHEARING COURT USE
ONLY---*` will be held at the above court address on AT 3 t—ONLY
CASE PARTICULA — B SPECIFIC
NAMEOFVICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED
NO. Owner of property, Goods stolen,what Over or under SUBSTANCE OR WEAPON
person assaulted,etc. destroyed,etc. $250. Marijuana,gun,etc.
2y._. -
4
OTHER REMARKS:
Failure to respond to correspondence.
X
SIGNATURE OF COMPLAINANT
-._ - DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known.
DATE OF BIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER SEX RACE HEIGHT WEIGHT EYES HAIR
OCCUPATION- ".<: {-. EMPLOYER/SCHOOL MOTHER'S NAME(MAIDEN) - FATHER'S NAME
O
a
r
D
Z
D
Z
—I
rn
O
O
'U
DC-CR2(3/68)
TitLi of 3ttlrm, Mussar4uaetts
5 �'a Public Propertg Department
Nuilbing Vepartment
(One 6alem Breen
508-745.9595 fist. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
May 12, 1997
Reginald Hartley
19 Spurhaw Terrace
Marblehead, Mass . 01945
RE: 192 Ocean Ave . West
Dear Mr. Hartley:
This office keeps receiving complaints from abutting
neighbors concerning the use of the garage located at 192
Ocean Avenue West . You must cease & desist using said
property for storage of your landscaping equipment at
once. The garage is located in an R-3 residential
district which does not allow commercial use.
If you wish to apply to the City of Salem Zoning
Board of Appeals for a Special Permit to allow this use,
please contact my office for an application.
Please contact me upon receipt of this letter to
inform me of your course of action in this matter .
Failure to do so will result in legal action being taken
against you.
Thank you for your anticipated cooperation in this
matter.
Sincerely, _
Leo E . Tremblay
Zoning Enforcemen Officer
LET: scm
cc: Councillor Donahue, Ward 3
USE REGULATIONS SALEM ZONING ORDINANCE Art.V, § 5.2
ARTICLE V. USE REGULATIONS d. No products shall be publicly displayed
or offered for sale from the roadside.
Sec. 5-1. Generally. (3) Nursery,elementary and secondary schools,
(a) Uses of land, buildings and structures shall public parks and playgrounds, and public
be regulated according to the schedule of uses set libraries.
out in this article for each type of district. "Per- (4) Churches and similar places of worship.
mitted uses" are those which shall be permitted
in the district at any time. "Special permit uses" (5) Parish houses, convents and monasteries.
are those which may be permitted in the district (6) Institutions of higher education.
at the discretion of the board of appeals upon its
determination that specific conditions are satis- (7) Public and private golf courses.
Red. As explained in section 5-3(h)(3), "prohibited (8) Private garages and other accessory uses
uses"are those which shall be specifically prohib- and buildings, provided that such uses are
ited in the City of Salem at any time. clearly incidental to the principal use. All
(b) The interpretation of the language of this the buildings on the lot shall not occupy a
ordinance with respect to permitted and special greater percentage of the lot area than
permit uses shall be in accordance with the intent listed in Table I following Article VI herein.
stated in section 3-1 for each type of district. (b) R-2 Districts. The following are permitted
uses in the two-family residential districts:
(c) The term "use of land" shall include the in-
terpretation which shall include the restriction (1) All uses permitted in R-C and R-1 Districts,
that the land cannot be used for the storage or except agricultural, horticultural and flori-
overnight parking of motor vehicles, including cultural operations.
trucks, tractors, trailers except as exempted by (2) Two-family dwellings,detached or attached.
section 7-1, unless the "permitted use" for build-
ings in the district allows such parking for the (3) Rooming and boarding of not more than two
storage of commercial motor vehicles. (2) persons.
(4) Historic buildings open to the public. .
Sec. 5-2. Permitted uses. (5) Museums.
(a) R-C and R-1 Districts. The following are per- (6) Private garages and other accessory uses
mitted uses in the residential-conservation and and buildings, provided that such uses are
one-family residential districts: clearly incidental to the principal use.
(1) Detached single-family dwellings. (7) Buildings and facilities for elderly housing
(2) Customary agricultural, horticultural and projects built under the jurisdiction of the
floricultural operations, provided that: Salem Housing Authority and financially
aided by either the U.S.Public Housing Ad-
a. All the buildings combined shall not ministration and/or the Commonwealth of
occupy a greater percentage of the lot Massachusetts Department of Commerce-
area than listed in Table I following Division of Public Housing.
Article VI herein. (c) R-3 Districts. The following are permitted
b. No storage of manure or odor- or dust-
uses in the multifamily residential districts:
producing substance and no building
in which farm animals are kept shall (1) All uses permitted in R-2 Districts.
be permitted within one hundred (100)
feet of any property line. 2) Multifamily dwellings.
c. No greenhouse heating plant shall be (3) Private garages and other accessory uses
operated within fifty (50) feet of the and buildings, provided that such uses are
property line. clearly incidental to the principal use.
11
APPLICATION Irl ADULT NUMBER Trial Court of Massachusetts
FOR COMPLAIN ❑ JUVENILE District Court Department
L-1ARRESTHEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION -
The within named complainant requests that a complaint issue against the within 8111111111M Oka"Call
named defendant, charging said defendant with the offense(s)listed below. IIIZ
ast
DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE Satill MA,81WO
Rune 4,1997 May 12, 1997 192 Ocean Ave. (lest
NAME OF COMPLAINANT
City of Sakikm Building Department NO. OFFENSE G.L. Ch. and Sec
ADDRESS AND ZIP CODE OF COMPLAINANT
One Salem Green City of Salem Zoning
Ordinance Sec. 5-2
Salem, Mass. 01970 permitted uses
2.
NAME,ADDRESS AND ZIP CODE OF DEFENDANT
Reginald Hartley
19 Shurhad Terrace 3.
Marblehead, Mass. 01945
4.
COURT USE A hearing upon this complaint application DATE OF HEARING TIME OF HEARING COURT USE
ONLY will be held at the above court address onr AT (� 4--ONLY
CASE PARTICULAft — B SPECIFIC
NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED
NO. Owner of property, Goods stolen,what Over or under SUBSTANCE OR WEAPON
person assaulted,etc. destroyed,etc. $250. Marijuana,gun,etc.
1
2
3
4
OTHER REMARKS:
Failure to respond to correspondence.
X
SIGNATURE OF COMPLAINANT
DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known.
DATEOFBIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER SEX RACE HEIGHT I WEIGHT EYES HAIR
OCCUPATION EMPLOYERISGHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME
O
O
3
v
5
Z
D
Z
1
fn
O
O
v
DC-CR2(3/88)
Tito of Salem, masliac4usetts
IluBlic Propertg i9epartment
Guilbing Mepartment
(One &niem 4reen
508-745-9595 gat. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
May 12 , 1997
Reginald Hartley
19 Spurhaw Terrace
Marblehead, Mass . 01945
RE : 192 Ocean Ave . West
Dear Mr. Hartley:
This office keeps receiving complaints from abutting
neighbors concerning the use of the garage located at 192
Ocean Avenue West . You must cease & desist using said
property for storage of your landscaping equipment at
once . The garage is located in an R-3 residential
district which does not allow commercial use .
If you wish to apply to the City of Salem Zoning
Board of Appeals for a Special Permit to allow this use,
please contact my office for an application.
Please contact me upon receipt of this letter to
inform me of your course of action in this matter .
Failure to do so will result in legal action being taken
against you.
Thank you for your anticipated cooperation in this
matter.
Sincerely,
Leo E. Tremblay
Zoning Enforcemen Officer
eo E. ��rm lay
LET: scm
cc: Councillor Donahue, Ward 3
1
:USE REGULATIONS SALEM ZONING ORDINANCE Art.V, § 5-2 '
ARTICLE V. USE REGULATIONS d. No products shall be publicly displayed
or offered for sale from the roadside.
Sec. 5-1. Generally. (3) Nursery,elementary and secondary schools,
(a) Uses of land, buildings and structures shall public parks and playgrounds, and public
be regulated according to the schedule of uses set libraries.
out in this article for each type of district. "Per- (4) Churches and similar places of worship.
mitted uses" are those which shall be permitted
in the district at any time. "Special permit uses" (5) Parish houses, convents and monasteries.
are those which may be permitted in the district (6) Institutions of higher education.
at the discretion of the board of appeals upon its
determination that specific conditions are satis- (7) Public and private golf courses.
Fled. As explained in section 5-3(h)(3), "prohibited (g) Private garages and other accessory uses
uses"are those which shall be specifically prohib- and buildings, provided that such uses are
ited in the City of Salem at any time. clearly incidental to the principal use. All
(b) The interpretation of the language of this the buildings on the lot shall not occupy a
ordinance with respect to permitted and special greater percentage of the lot area than
permit uses shall be in accordance with the intent listed in Table I following Article VI herein.
stated in section 3-1 for each type of district. (b) R-2 Districts. The following are permitted
uses in the two-family residential districts:
(c) The term "use of land" shall include the in-
terpretation which shall include the restriction (1) All uses permitted in R-C and R-1 Districts,
that the land cannot be used for the storage or except agricultural,horticultural and flori-
overnight parking of motor vehicles, including cultural operations.
trucks, tractors, trailers except as exempted by (2) Two-family dwellings,detached or attached.
section 7-1, unless the "permitted use" for build-
Ings in the district allows such parking for the (3) Rooming and boarding of not more than two
storage of commercial motor vehicles. (2) persons.
(4) Historic buildings open to the public.
Sec. 5.2. Permitted uses. (5) Museums.
(a)•R-C and R-1 Districts. The following are per- (6) Private garages and other accessory uses
mitted uses in the residential-conservation and, and buildings, provided that such uses are
one-family residential districts: clearly incidental to the principal use.
(1) Detached single-family dwellings. (7) Buildings and facilities for elderly housing
(2) Customary agricultural, horticultural and projects built under the jurisdiction of the
floricultural operations, provided that: Salem Housing Authority and financially
aided by either the U.S. Public Housing Ad-
a. All the buildings combined shall not ministration and/or the Commonwealth of
occupy a greater percentage of the lot Massachusetts Department of Commerce-
area than listed in Table I following Division of Public Housing.
Article VI herein.
b. No storage of manure or odor- or dust- Districts. The following are permitted
producing substance and no building useess inn the multifamily residential districts:
in which farm animals are kept shall (1) All uses permitted in R-2 Districts.
be permitted within one hundred (100) (2) Multifamily dwellings.
feet of any property line.
c. No greenhouse heating plant shall be (3) Private garages and other accessory uses
operated within fifty (50) feet of,the and buildings, provided that such uses are
property line. clearly incidental to the principal use.
11
Tito of '%*ttlem, mussttrllusletts
080 --
Public Propertti i9epartment
Nuilbing Department
(One dalem (6recn
500-745-9595 Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
May 12 , 1997
Reginald Hartley
19 Spurhaw Terrace
Marblehead, Mass . 01945
RE: 192 Ocean Ave . West
Dear Mr. Hartley:
This office keeps receiving complaints from abutting
neighbors concerning the use of the garage located at 192
Ocean Avenue West . You must cease & desist using said
property for storage of your landscaping equipment at
once. The garage is located in an R-3 residential
district which does not allow commercial use .
If you wish to apply to the City of Salem Zoning
Board of Appeals for a Special Permit to allow this use,
please contact my office for an application .
Please contact me upon receipt of this letter to
inform me of your course of action in this matter.
Failure to do so will result in legal action being taken
against you.
Thank you for your anticipated cooperation in this
matter.
Sincerely, _
��✓tie.
Leo E . Tremblay
Zoning Enforcemen Officer
LET: scm
cc: Councillor Donahue, Ward 3
� , 1
� �
w
Tito of *Ullem, massar4us;etts
tlublic Propertg Department
iguilbing Department
cone Belem (green
508-745-9595 Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
January 24 , 1997
Reginald Hartley
19 Spurhaw Terrace
Marblehead, Mass . 01945
RE : 192 Ocean Ave . West
Dear Mr. Hartley:
This office continues receiving complaints of you
using the above mentioned property to store landscaping
materials and equipment . This is an illegal use of said
property, and you must cease and desist using said
property illegally.
The property at 192 Ocean Ave . West was granted a
variance to allow the garage to be used for minor auto
repairs for five years back in 1985 to a Mr . Salvatore
Banauto with three restrictions :
1 . The variance is for the use of the garage for minor
automotive repairs by the petitioner only and does not
apply to any other person .
2 . The variance is for a period of five years only, and
can be renewed only by the ,petitioner.
3 . There shall be no signs or advertising on the
property.
Any change of use at this property requires a
Variance/Special Permit from the City of Salem Board of
Appeals .
If you wish to continue to use this property, please
file an application to the Board of Appeals at the
Building Department at once, and discontinue the use until
permission is granted or denied.
Please notify this department within ten ( 10 ) day
upon receipt of this letter as of your course of action
you will be taking in this matter . Failure to do so will
result in legal action being taken against you .
Thank you in advance for your anticipated cooperation
in this matter.
Sincerely,
'./.�=-c �✓ilii k
Leo E . Tremble
Zoning Enforcemerrt Officer
LET: scm
cc: Health Department
Councillor Donahue, Ward 3
Resident of 202 Jefferson Ave .
Salem, Mass .
•. .w rnti cry ��TT t
o *Iem, ��11c�55tIt�llSPffS
Puttrb of
4iri ms o-�J.
DECISION ON THE PETITION OF SALVATORE BONAIUTO FOR
A VARIANCE FOR OCEAN AVE. EXT. a/k/a 198R JEFFERSON AVE.C, cc pp{{��, ee
A hearing on this petition was held September 11 , 1985 with STe2Eollac.0 j%05d
Members present: James Hacker, Chairman; Messrs. , Charnas, Strout and Associate'
Member Bencal. "Notice of the hearing was sent to abutters bV16thers and noticeE
of the hearing were properly published in the Salem Evening
tWI E. 11114LWma wi
Massachusetts General Law Chapter 40A.
Petitioner is requesting an extension of a Variance which was granted January 24.
1979 to allow the garage to be used for minor automotive repairs for a period of
five years. The property is located in an R-3 District.
The Variance which has been requested may be granted upon a finding of the Board
that:
a. special conditions and circumstances exist which especially affect
the land, building or structure involved and which are not generally
affecting other lands, buildings and structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would i_
volve substantial hardship, financial or otherwise, to petitioner; an(
c. desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from ti
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful consideration of evidence presented at the
hearing, makes the following findings of fact:
1 . There was no opposition;
2. Several neighbors appeared in favor;
3. The repairs will be done inside the garage and no vehicles will
be displayed outside;
4. The property is toos small for a dwelling and access to the
property is limited.
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 . Special conditions exist which affect this lot which do not
generally affect the district;
2. Literal enforcement of the Ordinance would work a substantial
hardship upon petitioner;
DECISION ON THE PETITION OF SALVATORE BONAIUTO FOR A
VARIANCE FOR 'OCEAN AVE. EXT. a/k/a 1988 JEFFERSON AVE.
page two
3. The Variance requested can be granted without substantial detriment tc
the public good and without substantially derogating from the intent a
purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously 4-0 to grant the petiti
the relief requested provided that:
1 . Variance is for the use of the garage for minor automotive repairs
by the petitioner only and does not apply to any other person;
2. The Variance is for a period of five years only and can be
renewed only by the petitioner;
3. There shall be no signs or advertising on the property;
4. Petitioner must keep holding tanks on the premises for all oil
and grease and shall formulate a proper method for their disp.'al
as per the Salem Fire Prevention, Bureau.
VARIANCE GRANTED
James B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERF
A%PEAL FROM THIS DECISION. IF ANY SHALL BE FADE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LAWS, CHAPTER 8dE. AI-M, SH= HCi 20 DAYS AFTER TriE DATE OF FILMO
BE W:T
CF THIS CEC'SIGN 19 THE CFFIOE GF THE CITY CLERK.
ry SE[::'.:'E li.
THE VAR!�:CE DR SFE[IA! PEp•'.IT
c.;SA':T ?0 S:ASS. :E':Efi;.�_ Le�+.'. ✓:.�E? E:3. ,_..,....: ._=.'t•':'
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�C!li;EO HERZ;N. C,,ALL r^T. T:.2.E EF7E[T USTI! A C°Y 0. THE__�._ . .
FICATI,'i OF THE Cl',+ ;LER" TF:A" :C :K:S H,",E ELr'Fa_.. 3 BEE:, F,.E7.
:R iY.A.T. If SOa AA APPEAL S.S BEE'- FILE. TFIA: IT Fay BcE': DiS::ISSLO BR,D, N:ED IS
REGORGED IN THE SOliiH ESSEA,P,°--STR'i CF DEEDS A..D I:•::.E%:ED L'IDES Tric i.n.::E OF THE OV1'::ER
OF RECORD OR IS RECORDED AND NGTED OR THE OPINER'S CERTIFICATE OF TITLE-
BOARD.
ITLEBOARD. OF APPEAL
6z
of #aIrm, Anauar4usletts
tlublic 11rapertg i9epartment
iguilbing Department
(One 8alrm Quem
508-745-9595 Ext. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building =
Zoning Enforcement Officer
December 19 , 1996
Reginald Hartley
�y -7- SparhawK Terrace
Marblehead, Mass . 01945
RE : 192 Ocean!:Ave . West
Dear Mr . Hartley:
i4
On December 12 , 1996 , inspector John Jennings
inspected your property located at 192 Ocean Ave. West and
found the following violations :
#I . Old tires and engine parts next to garage .
#2 . Landscape' equipment behind the garage .
MP3 . Removal of bobcat, backhoe , ext.
Please contact this office within seven ( 7 ) days upon
receipt of this letter to let us know of your course of
action you will be taking in this matter. Failure to do
so will result in legal action being taken.
Thank you in advance for your anticipated cooperation
in this matter.
Sincerely,
John J . Jennings
Local Building Inspector
JJJ: scm
cc: Councillor Donahue , Ward 3
Chit of 1*ttlem, massac4usetts
`• i`a Public Propertg Department
Nuilbing Department
(One *altm (6retn
598-745-9595 Ext. 389
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
January 24 , 1997
Reginald Hartley
19 Spurhaw Terrace
Marblehead, Mass . 01945
RE : 192 Ocean Ave . West
Dear Mr . Hartley:
This office continues receiving complaints of you
using the above mentioned property to store landscaping
materials and equipment . This is an illegal use of said
property, and you must cease and desist using said
property illegally.
The property at 192 Ocean Ave . West was granted a
variance to allow the garage to be used for minor auto
repairs for five years back in 1985 to a Mr . Salvatore
Banauto with three restrictions :
1 . The variance is for the use of the garage for minor
automotive repairs by the petitioner only and does not
apply to any other person .
2 . The variance is for a period of five years only, and
can be renewed only by the petitioner .
3 . There shall be no signs or advertising on the
property.
Any change of use at this property requires a
Variance/Special Permit from the City of Salem Board of
Appeals .
If you wish to continue to use this property, please
file an application to the Board of Appeals at the
Building Department at once , and discontinue the use until
permission is granted or denied.
Please notify this department within ten ( 10 ) day
upon receipt of this letter as of your course of action
you will be taking in this matter. Failure to do so will
result in legal action being taken against you.
Thank you in advance for your anticipated cooperation
in this matter.
Sincerely, ^
Leo E . Trembla3A,
Zoning Enforcement Officer
LET: scm
cc: Health Department
Councillor Donahue, Ward 3
Resident of 202 Jefferson Ave .
Salem, Mass .
or
of �5ttjeM, � c�sSFIt�1TSPt#S
s Paara of '4PV l
DECISION ON THE PETITION OF SALVATORE BONAIUTO FOR
A VARIANCE FOR OCEAN AVE. EXT. a/k/a 198R JEFFERSON AVE. [C pp►►��, pp
A hearing on this petition was held September 11 , 1985 with S,c05ol:aZBI fid
Members present: James Hacker, Chairman; Messrs. , Charnas, Strout and Associate'
Member Bencal. "Notice of the hearing was sent to abutters 944thers and notice.-
of
otice:of the hearing were properly published in the Salem Evening twi p ;.��c:t.Wag w:
Massachusetts General Law Chapter 40A.
Petitioner is requesting an extension of a Variance which was granted January 24
1979 to allow the garage to be used for minor automotive repairs for a period of
five years. The property is located in an R-3 District.
The Variance which has been requested may be granted upon a finding of the Board
that:
a. special conditions and circumstances exist which especially affect
the land, building or structure involved and which are not generally
affecting other lands, buildings and structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would is
volve substantial hardship, financial or otherwise, to petitioner; an(
c. desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from t'
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful consideration, of evidence presented az the
hearing, makes the following findings of fact:
1 . There was no opposition;
2. Several neighbors appeared in favor;
3. The repairs will be done inside the garage and no vehicles will
be displayed outside;
4. The property is toos small for a dwelling and access to the
property is limited.
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 . Special conditions exist which affect this lot which do not
generally affect the district;
2. Literal enforcement of the Ordinance would work a substantial
hardship upon petitioner;
DECISION ON THE PETITION OF SALVATORE BONAIUTO FOR A
VARIANCE FOR •OCEAN AVE. EXT. a/k/a 198R JEFFERSON AVE.
page two
3. The Variance requested can be granted without substantial detriment to
the public good and without substantially derogating from the intent a
purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously 4-0 to grant the petiti
the relief requested provided that:
1 . Variance is for the use of the garage for minor automotive repairs
by the petitioner only and does not apply to any other person;
2. The Variance is for a period of five years only and can be
renewed only by the petitioner;
3. There shall be no signs or advertising on the property;
4. Petitioner must keep holding tanks on the premises for all oil
and grease and shall formulate a proper method for their disp^s al
as per the Salem Fire Prevention, Bureau.
VARIANCE GRANTED
/James B. Hacker, Chairman -
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERY
APPEAL FROM. THIS DECISION. IF ANY. SHALL BE MADE PGF.SOANT TO SECTION 17 DF THE MASS.
GENERAL LAI"S, CHAPTER 80E. WX SH-_L B= FILED vrTHIN 20 DAYS AFTER THE DATE OF FILCH
CF THIS CE='C-',' IV THE CFFICE
OF THE CITY CLERK.
r•3 SEC"- HE VAR!A:CE O6 SFEC�AL o.R••.Ff
li. T
G�:SANT TO l.:ACS. .:_'iEfi:[_ L-1.-. ;,-:.-TE? E ' •ov :C' TH.=:i::C': :::i, ':" TtiE iER i•
"EC A C
Sr::.LL fi27 +:.::E EF: J:.� i•' �C:E:. FI-EO.
ri-ATIC'•: OF THE CI7+ I!ER" TE=:i CJ O%ifS i:;JE ELL'r:E. E I� IS
-
CR iPAT. IF SO;ti A8 APPEAL . li h:�.: GEE3 DIS,:IEa:+ ('R D-';:OF T
RECORDED IN THE SO!;iH ESSEE•RSISTR'i OF DEEDS W2 I:':�EI 1;:1J ES iriE i�A7:E OF THE 055'1:ER
OF RECORD OR IS RECORDED AFD NMI) ON THE ONNER'S CERTIFICATE OF TITLE.
BOARD. OF APPEAL