11 FOSTER STREET - LYONS, PAUL - ZBA 11 Foster Street g_2 `
Paul Lyons (owner)
— Robert -- — — _
-- -- Marsilw
i (petitioner)
y
of �5alcm, fflassuchunft
•�,:� Pourb of Npral .83 JAN 16 PIO :10
DECISION ON THE PETITION OF ROBERT T. MARSILIAc. F
FOR A SPECIAL PERMIT FOR 11 FOSTER STREET r ff Y 'LE.G
A hearing on this Petition was held on January 5, 1983 with the following Board
Members present: James Hacker, Chairman; Messrs. Hopper, Piemonte and Associate
Member Lusinski. 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.
The Petitioner has requested a Special _Permit to permit him to use the existing
structure at the site for a woodworking shop. That use is non-conforming; however';
the property has been used as a machine shop whiph is also a non-conforming use.
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 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.
On the evidence presented at the public hearing, the Board of Appeal finds (i) that the
proposed use will not increase noise, or traffic in the area and. is compatible with
existing uses in the neighborhood, (ii) that the proposed use of the property
will not be substantially more detrimental than the prior use to the neighborhood,
(iii) that the proposed use of the property will promote the public health, safety,
convenience, and welfare; and (iv) that the proposed use of the property is in harmony
with the Salem Zoning Ordinance. Accordingly, the Board unanimously approved the
granting of a Special Permit to the Petitioner in accordance with the following
conditions
1. Petitioner may use the site as a woodworking shop and office but not as a furniture
refinishing shop.
A Certificate of Use and Occupancy shall be obtained prior to using the site.'
31 Hours of operation of the woodworking shop shall be limited to 7 :30 a.m. - 5:30 a.m.
Monday-Friday. However, Petitioner may use the office at the shop for bookkeeping,
etc. on Saturdays.
. DEACISION ON PETITION OF ROBERT T. MARSILIA *83 JAN 16 P10 :10
PERMIT FOR A SPECIAL PERMIT FOR 11 FOSTER STREET
PAGE 2 CITY CLEPF."S OFFICE
January 5, 1983 SALE-14 P aSS
4. Petitioner shall insulate exterior walls of the structure to improve
soundproofing.
5. Petitioner may not use power tools in excess of 1-1/2 hp in his operation.
6. No exterior storage of materials shall be allowed at the site. Storage of
materials will, however, be allowed in the shed at the rear of the property.
7. Four parking spaces shall be maintained at the site. -
8. No more than two employees shall be employed at the site.
ony M. Feeher
APPEAL FROM THIS DECISION, Ip ANY. SHALL BE %LADE PURSUANT TO SECTION 17 OF THE MASS.
BE F:'ED WITHIPI 20 DAYS DFTER THE DATE OF FILING
GENERAL LAWS CHAPTER SOB: 031D SHALL
OF THIS CECISiCiT IN THE ONICE OF THE CITYc CLERKi l.l, itlE Y P.tA'.ICE 0R SPECL4L PER`.1TF
piidSfl;7T TO ';iA$S. f'cNERA: L°. :5. CHA?TER 233. .. - �,,; rrXbN t -1112 CEP.T-
F iH
nkn� O hZRO.I, SHALL Ir EFF T L1,-,,L G RP AL HAS DE-'! F:'_ED.
FI BION OF TIIE C!il CLERl 'h 1'1 D�'� H ` "'ry -:E2J C� ;iSiEO CR DENI-D IS
LR THAT. IF SUCH AN APP° PAS SEEN' Fi' it:. •'
RECORDED 1.7 THE $CUTH ESSEX RE6iSTRY OF L:cDa AND INDEXED UNDER THE f70.6iE OF THE OWNER
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. _
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK