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CITY OF SALEM
PLANNING BOARD
Will give a public hearing under Section 7-18, Site Plan Review Special
'Permit,of the Salem Zoning Ordinance, at the request of John Spinale. The
purpose of this hearing is to discuss the applicant's proposal to construct a
:2,800 s.f. addition to his property located at 34-38 1/2 Bridge Street within j
an Entrance Corridor Overlay District.This hearing will be held on Thursday, I
Septerrber 2, 1993 at 7:30 p.m.in the Second Floor Conference Room at One i
•Salem;Green.
WALTER B. POWER, III �
Chairman
August 19, 26,.1993 J - _ SN18199
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PLANNING BOARD SPECIAL PERMIT
( )BUSINESS PARK DEVELOPMENT ( )PLANNED UNIT DEVELOPMENT
( )CLUSTER DEVELOPMENT ('SITE PLAN REVIEW
( )FLOOD HAZARD DISTRICT ( )WETLANDS DISTRICT
Applicant No.
Applicant: S?1 k)A j�; #tUial�csTl�E
Project Description: 2,Kae sq. i r• � h
Contact Person: nay LOLC,14 --_City:
Phone: � .t��
1 . Received by Planning Board ( 5 copies) 3
(applicant must also file with City Clerk) � ,c
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Board of Health, Conservation Commission, o
Historic Commission, Abuttors, Beverly,
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DECISION
Site Plan Review Special Permit
Spinale Automotive '`.,'
34-38 1/2 Bridge Street
Salem, MA 01970
RE: SPINALE AUTOMOTIVE
34-38 1/2 BRIDGE STREET 4t;
On Thursday, September 2 , 1993, the Planning Board of the City
of Salem held a public hearing regarding the application of John
Spinale, for a Special Permit under Section 7-18, Site Plan Review,
of the City of Salem Zoning Ordinance with respect to the
construction of a 2 , 800 s . f . addition to property located at 34-38
1/2 Bridge Street within an Entrance Corridor Overlay District .
At a regularly scheduled meeting of the Planning Board held on
Thursday, November 4, 1993 , the Board voted by a vote of six ( 6 ) in
favor , one ( 1) abstention and one ( 1) present, to approve the
application as complying with the requirements of a Special Permit,
subject, to the following conditions :
1 . CONFORMANCE WITH PLAN
Work shall conform to plans entitled "Site Plan of Land
in Salem, MA" sheets P-1 , dated August 4, 1993 revised
October 20, 1993, November 11 , 1993 and Al-A3, dated
August 4 , 1993 prepared by James Ballou.
2 . AMENDMENTS
Any amendments to site plan shall require the approval of
the Planning Board.
3 . LANDSCAPING
Landscaping shall conform to plan entitled "Site Plan of
Land in Salem, MA" sheet P-1 , dated August 9 , 1993 ,
revised October 20 , 1993 and November 11 , 1993 .
a . Trees shall be a minimum of 3 1/2" caliper . ,
3 `Iz1 4 -6-
b. After all project landscaping is completed, and prior
to the issuance of a Certificate of Occupancy, the
developer will be required to add further landscaping if
such is required by the Planning Board or City Planner .
C. Granite curbing shall be installed at the perimeter
of the entire site (excluding curb cuts) . Concrete
curbing shall be installed in the interior of the site.
d. Concrete wheel stops shall be installed. The pins
for such wheel stops shall be sunk into the ground to a
depth of 18" .
e. Sidewalks shall be tapered for handicap
accessibility. TI "a A
g. A concrete sidewalk shall be constructed along site.
h. Maintenance of all landscaping shall be the
responsibility of the owner .
4 . BOARD OF HEALTH
The Board of Health requirements stated in a letter dated
September 14 , 1993, shall be adhered to.
5 . BOARD OF APPEAL
The Decision issued to John Spinale Tr, from the Board of
Appeal shall be adhered to
6 . UTILITIES
Utility installation shall be reviewed and approved by
the Director of Public Services .
7 . ENTRANCE CORRIDOR OVERLAY DISTRICT
work shall conform with the City of Salem' s Zoning
Ordinance, Section 7-19, Entrance Corridor Overlay
District .
8 . LIGHTING
a . All exterior lighting shall be installed and maintained in
such a way so as not to reflect: or cause glare on abuttIttg or
facing residential premises, or which adversely affect safe
vision of operators of vehicles moving on nearby streets .
b. Lighting shall be reviewed and approved by the City
Planner prior to issuance of a Certificate of Occupancy .
9 . SIGNAGE
a. Signage shall be installed indicating "enter only"
and "exit only" at perimeter openings .
b. All proposed signage shall be reviewed and approved
by the City Planner and the Entrance Corridor Overlay
District Committee prior to issuance of a Certificate of
Occupancy.
10 . MAINTENANCE
a. Employ an acceptable method or means for the holding
and disposal of trash _ Y
p ( rubbish) after site developing
with a copy of this method sent to the Planning
Department and Health Department in writing for their
approval .
b. Refuse removal, ground maintenance and snow removal
shall be the responsibility of the developer , his
successors or assigns .
11 . CLERK OF WORKS
The City of Salem' s Clerk of the Works shall be provided
at the expense of the developer as is deemed necessary by
the City Planner .
12 . CONSTRUCTION PRACTICES
All construction shall be carried out in accordance with
the following conditions :
a. No work shall commence before 8: 00 a.m. on weekdays
and Saturdays. No work shall continue beyond 5 : 00 p.m.
There shall be no work conducted on Sundays and holidays .
Inside work of a quiet nature may be permitted at other
times .
b. All reasonable action shall be taken to minimize the
negative effects of construction on abutters . Advance
notice shall be provided to all abutters in writing at
least 72 hours prior to commencement of construction.
C. All construction shall be performed in accordance
with the Rules and Regulations of the Planning Board, andsN
in accordance with any and all rules , regulations and
ordinances of the City of Salem.
13 . AS-BUILT PLANS
As-built Plans, stamped by a Registered Professional
Engineer or Land Surveyor , shall be submitted to the
Planning Department and Engineering Department prior to
the issuance of a Certificate of Occupancy.
14 . PARKING
a. Parking for _the "used car lot" is indicated as the
shaded area on the plan.
b. Conditions set forth in a Decision from the Licensing
Board dated October 26 , 1992 shall be adhered to.
C. A lined area shall be painted upon the pavement of
said property to indicate where the used cars are allowed
to park. Any parking of used cars outside of this
designated area shall result in the revocation of this
Special Permit .
d. Parking for the used car lot will be limited to a
maximum of eight ( 8) cars on one level .
15 . VIOLATIONS
Violations of any condition shall result in revocation of
this permit by the Planning Board.
I hereby certify that a copy of this decision and plans have
been filed with the City Clerk and copies are on file with the
Planning Board. The Special Permit shall not take effect until a
copy of this decision bearing the certification of the City Clerk
that twenty ( 20) days have elapsed and no appeal has been filed or
that if such appeal has been filed, and it has been dismissed or
denied, is recorded in the Essex County Registry of Deeds and is
indexed under the name of the owner of record or is recorded on the
owner ' s Certificate of Title. The fee for recording or registering
shall be paid by the owner of applicant .
Walter B. Power , III
Chairman
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DECISION ON THE PETITION OF SAMUEL PAPALARDO, PETITIONER/34-38 1/2 BRIDVE
STREET REALTY TRUST, OWNERS FOR A SPECIAL PERMIT AT 34-38 1/2 BRIDGE STREET
A hearing on this petition was held August 11, 1993 with the following
Board Members present: Stephen Touchette, Vice Chairman; George Ahmed,
Edward Luzinski, Stephen O'Grady and Associate Member LaBrecque. 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 allow the retail sale of
automobiles in this B-2 district. Property is owned by 34-34 1/2 Bridge
St. Realty Trust, John Spinale, Trustee.
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 Section 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. There was no opposition to the petitioners request.
2. The proposed use is a close accessory use to the other business on the
property.
3. There are other used car lots in the area.
4. The petitioner has a license to sell eight (8) automobiles.
i
DECISION ON THE PETITION OF SAMUEL PAPALARDO, PETITIONER/34-38 1/2 BRIDGE
STREET REALTY TRUST,OWNERS, FOR A SPECIAL PERMIT FOR 34-38 1/2 BRIDGE
STREET, SALEM
page two
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 can be granted without substantial
detriment to the public good and without nullifying or substantially
derogating from the intent of the district or the purpose of the Ordinance.
2. The granting of the Special Permit requested will promote the public
health, safety, convenience and welfare of the City's inhabitants and may
be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Special Permit requested, subject to the following conditions:
1. Petitioner shall comply with all City and State statutes, ordinances,
codes and regulations.
2. The number of automobiles for sale on the lot shall not exceed eight.
3. Auto's shall be placed as per the plan submitted and spaces are to be
marked and designated.
4. The site shall be used for sale of automobiles only.
5. Hours of operation shall be Monday through Saturday, 8:00 a.m
to 8:00 p.m.
6. The business shall occupy office space in the existing structure and
not in an adjacent trailer.
7. A proper means of ingress and egress shall be marked.
Special Permit Granted
August 11, 1993
/�
Stephen C. Touchette,V. Chairman
Board of appeal
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DECISION ON THE PETITION OF SAMUEL PAPALARDO, PETITIONER/34-38 1/2 BRIDGE
STREET REALTY TRUST, OWNER FOR SPECIAL PERMIT AT 34-38 1/2 BRIDGE ST. ,
SALEM
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 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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CITY OF SALEM HEALTH DEPARTMENT
BOARD OF HEALTH
9 North Street
ROBERT E. BLENKHORN Salem, Massachusetts 01970
HEALTH AGENT
508-741-1800
September 17, 1993
Ms.Debra Hurlbert
Planning Department
One Salem Green
Salem, MA 01970
Dear Ms. Hurlbert:
At the Board of Health meeting held September 14, 1993,a motion was made and passed to conditionally
approve the Special Permit-Site Plan Review at 34- 38 1/2 Bridge Street in the City of Salem
Massachusetts, subject to the recommended comments approved by the Board of Health.
I have enclosed the Board's recommended comments. If you have any questions, kindly contact this
office at(508)741-1800.
FOR THE BOARD OF HEALTH
Robert E.Blenkhorn,CHO
Health Agent
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cc: Attorney Steve Lovely
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CITY OF SALEM HEALTH DEPARTMENT
BOARD OF HEALTH
9 North Street
ROBERT E. BLENKHORN Salem, Massachusetts 01970
HEALTH AGENT
508-741-1800
The Special Permit for Site Plan Review at 34- 38 1/2 Bridge Street in the City of Salem Massachusetts.
Board of Health recommended comments are as follows:
1. The design proposal concur with the City Engineering Department and City Plumbing Inspector for
utility tie-ins for drinking water,sanitary waste(sewage),gas lines and/or other utility service.
2. Employ an acceptable method for removal of all construction debris, and any unacceptable excavation
material from the site during construction.
3. Employ an acceptable method or means for the holding and disposal of automotive waste and trash
after site development with a copy of this method sent to the Health and Planning Departments in
writing.
4. Measures be taken to assure that air pollution due to odors and noise does not occur during and after
site construction(i.e.air exchange units,ventilation,excavation, etc...)
5. Due to City Ordinance on noise,construction will be conducted between the hours of 8 a.m. and 5
p.m. Monday than Friday.
6. Employ an acceptable method for dust and street cleaning control during site construction and submit
a copy of method utilized to the Health and Planning Departments in writing.
7. Prior to site start-up and also during site construction,employ a licensed pest control firm for site
evaluation and service with a copy of the service invoice sent to the Health and Planning Departments.
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DECISION ON THE PETITION OF 34-38 1/2 BRIDGE STREET TRUST, JOHN SPINALE,
TR. , FOR VARIANCES AT 34-38 1/2 BRIDGE ST. (B-2)
A hearing on this petition was held July 21, 1993 with the following Board
Members present: Francis X. Grealish Jr. , Chairman; George Ahmed, Stephen
Touchette and Stephen O'Grady. 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, owner of the property, is requesting Variances from lot
coverage and rear setback to allow construction of an addition which will
be used as retail and storage in this B-2 district.
The Variance which has been requested may be granted upon a finding by 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 lands, buildings and structures involved.
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 derogating from the
intent of the district or the purpose of the Ordinance.
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. There was no opposition to the proposed request.
2. There were four (4) letters submitted in favor of the petitioners
request, one (1) from the Ward Councillor, who also spoke in favor, and
three (3) from abutters and neighbors.
3. The proposed addition would allow the petitioner a fuller and better use
of the property.
4. This is the only feasible location for an addition.
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DECISION"'A THE PETITION OF 34-38 1/2 BRIDGE STREET TRUST, JOHN SPINALE,
T�-'N' VARIANCES AT 34-38 1/2 BRIDGE ST. , SALEM
Q�6 ti P ge two.:,--
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 especially affect the subject property
but not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship to the petitioner.
3. Desirable relief can be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
Therefore, 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 statutes, ordinances,
codes and regulations.
2. All construction shall be done as per the plans and dimensions
submitted.
3. Petitioner shall comply with all requirements of the Salem Fire
Department relative to smoke and fire safety.
4. Petitioner shall obtain a building permit from the City of Salem
Building Inspector.
5. A Certificate of Occupancy be obtained.
b. Parking is to be provided as per the plans submitted.
7. Exterior finishes of the new construction are to be in harmony with the
existing structure.
VARIANCE GRANTED
July 21, 1993
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George A. Ahmed, Secretary
Board of Appeal
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DECISION ON THE PETITION OF 34-38 1/2 BRIDGE STREET TRUST, JOHN SPINALE,
TR. FOR VARIANCES AT 34-38 1/2 BRIDGE ST. , SALEM
page three
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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
RECF-1VED
fAUG 16 1993
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DECISION ON THE PETITION OF SAMUEL. PAPALARDO, PETITIONER/34-38 1/2 BRID'6°E v
STREET REALTY TRUST, OWNERS FOR A SPECIAL PERMIT AT 34-38 1/2 BRIDGE STREET
A hearing on this petition was held August 11, 1993 with the following
Board Members present: Stephen Touchette, Vice Chairman; George Ahmed,
Edward Luzinski, Stephen O'Grady and Associate Member LaBrecque. 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.
�P-etitioner is requesting a Spec al-Permit to`allow the retail sale ofj
automobiles in this B-2 district. Property is owned by 34-34 1/2 Bridge
St. Realty_Trust,._John Spinale,-Trustee. _ Y
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 Section 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. There was no opposition to the petitioners request.
2. The proposed use is a close accessory use to the other business on the
property.
3. There are other used car lots in the area.
4. The petitioner has a license to sell eight (8) automobiles.
J i
DECISION ON THE PETITION OF SAMUEL PAPALARDO, PETITIONER/34-38 1/2 BRIDGE
STREET REALTY TRUST,OWNERS, FOR A SPECIAL PERMIT FOR 34-38 1/2 BRIDGE
STREET, SALEM
page two
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 can be granted without substantial
detriment to the public good and without nullifying or substantially
derogating from the intent of the district or the purpose of the Ordinance.
2. The granting of the Special Permit requested will promote the public
health, safety, convenience and welfare of the City's inhabitants and may
be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Special Permit requested, subject to the following conditions:
1. Petitioner shall comply with all City and State statutes, ordinances,
codes and regulations.
2. The number of automobiles for sale on the lot shall not exceed eight.
3. Auto's shall be placed as per the plan submitted and spaces are to be
marked and designated.
4. The site shall be used for sale of automobiles only.
5. Hours of operation shall be Monday through Saturday, 8:00 a.m
to 8:00 p.m.
6. The business shall occupy office space in the existing structure and
not in an adjacent trailer.
7. A proper means of ingress and egress shall be marked.
Special Permit Granted
August 11, 1993
Stephen C. Touchette,V. Chairman
Board of appeal
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DECISION ON THE PETITION OF SAMUEL PAPALARDO, PETITIONER/34-38 1/2 BRIDGE
STREET REALTY TRUST, OWNER FOR SPECIAL PERMIT AT 34-38 1/2 BRIDGE ST. ,
SALEM
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 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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DECISION ON THE PETITION OF JOHN SPINALE, TRUSTEE FOR VARIANCES AND SPECIAL
PERMIT AT 34-38 1/2 BRIDGE STREET (B-2)
A hearing on this petition was held January 19, 1994 with the following
Board Members present: Francis Grealish, Chairman; Stephen Touchette,
George Ahmed, Albert Hill and Stephen O'Grady. 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, owner_of the-property; is requesting a Variance to allow
{addition to be constructed as previously granted in a decision of the Board
ko.f—Appeal_ dated July 21, 1993. The City of Salem made changes to the_planj
voLaB-2
on and granted July 21, 1993 and eliminated some of the parking.
Pner is also requesting a Special Permit to allow the addition to be
ur auto repair and body shop and for storage, the property_is_located
idistrict.
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 Section 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 Variances which have 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 ?ands, buildings or structures in the same district.
B. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
i
DECISION ON THE PETITION OF JOHN SPINALE, TR. FOR A SPECIAL PERMIT AND
VARIANCE AT 34-38 1/2 BRIDGE STREET, SALEM
page two
C. Desirable relief may be granted without 69)sdaneJal0 fttrd ent to the
public good and without nullifying or substantially derogatit from the
intent of the district or the purpose of thee-Otd'inance. ,t ,S
The Board of Appeal, after careful consideration of the evidence presented,
and after viewing the plans, makes the following findings of fact:
1. There was no opposition to the request.
2. The Plans as submitted were changed at the request of the Planning
Board, reducing the amount of parking spaces and adding landscaping.
3. The size of the addition has not changed.
4.1 The Board of Appeal felt the use could only be granted by a Variance.
not a Special Permit has requested. The prior use granted, namely
retail and storage was allowed under Special Permit requests.
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 especially affect the subject property
but not the district in general.
2. Literal enforcement of the provisions of the Ordinance would involve
substantial hardship on the petitioner.
3. The Variance requested can be granted without substantial detriment to
the public good and without nullifying or substantially derogating from the
intent of the district or the purpose of the ordinance.
4. The Special Permit requested in not in harmony with the neighborhood or
with the zoning district the property is located in and will not promote
the public health, safety, convenience and welfare of the city's
inhabitants.
Therefore, the Zoning Board of Appeal voted 4-1 (Kr. Hill opposed) to grant the
Variance requested and accept-the-plans-as-revised-and-approved-by-the-City--
of Salem Planning Board. lAll conditions of the previously granted petition
hall remain in effect and-are listed below with the exception ofcondition
12 a #6r which have changed as a result of the_revised_p-lans —
1. Petitioner shall comply with all city and state statutes, codes
ordinances and regulations.
2. All construction shall be done per the revised plans and dimensions
submitted January 19, 1994 .
3. All requirements of the Salem Fire Dept. relative to smoke and fire
safety shall be strictly adhered to.
J
DECISION ON THE PETITION OF JOHN SPINALE, TR. FOR A VARIANCE AND SPECIAL
PERMIT AT 34-38 1/2 BRIDGE STREET, SALEM
page three FEB 0
3 io flii 'yy
4. Petitioners shall obtain a building permit prior bY,,construction.
,S
5. A Certificate of Occupancy is to be obtained.
6. Parking is to be provided as per the plans submitted 1/19/94.
7. Exterior finishes of the proposed construction shall be in harmony with
the existing structure.
The Board of Appeal voted 3 - 2 against the motion to grant a Special
Permit to allow the addition to be used as an Auto body, repair and storage
facility. (Members O'Grady, Ahmed & Grealish voted in favor of the motion,
Members Hill and Touchette voted in opposition) The motion to grant having
failed to garner the required four (4) affirmative votes fails to carry and
the request for the Special Permit is denied.
Variance Granted and Special Permit Denied
January 19, 1994
Francis X. Grealish, Chairman
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
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 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
City of !�3nlem; � ussttcltuse s
'Sattra of Appral � j2
✓y
DECISION ON THE PETITION OF 34-38 1/2 BRIDGE STREET TRUST, JOHN SPINALS,
TR. , FOR VARIANCES AT 34-38 1/2 BRIDGE ST. (B-2)
A hearing on this petition was held July 21, 1993 with the following Board
Members present: Francis X. Grealish Jr. , Chairman; George Ahmed, Stephen
Touchette and Stephen O'Grady. 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.
etitioner, owner of the property, is requesting Variancesfrom lot
overage and rear setback to allow construction of an -addition which will
be used as retail and storage in this B-2 district. _ _
The Variance which has been requested may be granted upon a finding by 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 lands, buildings and structures involved.
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 derogating from the
intent of the district or the purpose of the Ordinance.
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. There was no opposition to the proposed request.
2. There were four (4) letters submitted in favor of the petitioners
request, one ( 1) from the Ward Councillor, who also spoke in favor, and
three (3) from abutters and neighbors.
3. The proposed addition would allow the petitioner a fuller and better use
of the property.
4. This is the only feasible location for an addition.
DECISION' tJ THE PETITION CF 34-38 1/2 BRIDGE STREET TRUST, JCHN SPINALE,
11j'109' VARIANCES AT 34-38 1/2 BRIDGE ST. , SALEM
Q�6 ptwo;
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 especially affect the subject property
but not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship to the petitioner.
3. Desirable relief can be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
:Therefore, 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 statutes, ordinances,
codes and regulations .
2. All construction shall be done as per the plans and dimensions
submitted.
3. Petitioner shall comply with all requirements of the Salem Fire
Department relative to smoke and fire safety.
4. Petitioner shall obtain a building permit from the City of Salem
Building Inspector.
5. A Certificate of Occupancy be obtained.
6. Parking is to be provided as per the plans submitted.
7. Exterior finishes of the new construction are to be in harmony with the
existing structure.
VARIANCE GRANTED
July 21, 1993
(.l r"VJ 1
George A. Ahmed, Secretary
Board of Appeal
DECISION ON THE PETITION OF 34-38 1/2 BRIDGE STREET TRUST, JOHN SPINALE,
TR. FOR VARIANCES AT 34-38 1/2 BRIDGE ST. , SALEM
page three
y
v
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
y (Mita of jttlem, C�ttsogr4usetts DFc l 3 Lz r;i '83
Paurb of hupeul
DECISION ON THE PETITION OF JOHN SPINALE FOR A VARIANCE AT 34 BRIDGE
STREET (B-2)
A hearing on this petition was held on November 29, 1989 with the following
Board Members present: James Fleming, Chairman; Richard Bencal, Vice Chair-
man; John Nutting, Secretary; Richard Febonio and Associate Member LaBrecque.
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, owner of the property, requests a Variance to a1low construction T
oto be completed and to allow storage and retail at 34 Bridge Street (B-2) .
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 involve
substantial hardship, financial or otherwise, to the petitioner; and
c. desirable relief may be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent of
the district or the purpose of the ordinance.
The Board of Appeal, after careful consideration of the evidence presented at
the hearing, and after viewing the plans, makes the following of fact:
1. No opposition was presented.
2. Abutter spoke in favor as well as City Counselor Harvey.
On the basis of the above findings of fact, and on the evidence presented,
the Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property
but not the district generally.
2. Literal enforcement of the provisions of the Ordinance would work a
substantial hardship on the petitioner.
3. The relief requested can be granted without substantial detriment to
the public good and without nullifying or substantially derogating
from the intent of the district or the purpose of the Ordinance.
DECISION ON THE PETITION OF JOHN SPINALE FOR A VARIANCE AT 34 BRIDGE
STREET (B-2)
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the
relief requested, subject to the following conditions:
1. Petitioner must comply with all requirements of the Salem Fire Dept.
2. All construction and renovation be performed by all existing City and
State Building Codes.
3. Petitioner obtain a Certificate of Occupancy.
4. That the lot be maintained in a clean and orderly manner by petitioner
and/or assignee.
5. Repairs of vehicles shall not be allowed on site. Petitioner shall
place signs both inside and outside in a conspicuous location "stating
the above condition in 115.
6. No single unregistered vehicle shall be on the property for more than
seven days total including Sat./Sun. /Holidays on adjacent lot.
7. No more than 20 vehicles shall be placed on the adjoining lot.
GRA.\TED
Richard T. Febonio, Board Member
A CC^-Y OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
-rel t:om this decision. if any, shall be made pursuant to Section 17 of
;. P::nernl L-,va. Ch.:toter 808. and sn2ll to fi'.._d ,.:.thin 20 days
. -. ... pis decision in the r.:ice _, - _ Clerk.
.. "ilei tc�e of tno
_ti tar of the
e riled. or at if .ccn ': hr�n
cij:;mn: ed or denied i� racoi^- i E-sex
°c0'sl:y ci O>eds end inde`!ed under tee name or 'n. c..r.;:r or record or
is recorued alta noted on the owner's Certificate of Tlrle.
BOARD OF APPEAL
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