165 BOSTON STREET - TAVIS & VERRETTE, MARY & ELAINE - ZBA 155 Boston St. B-2
Nicholas Gianareles-Pet
/�! \ Mary Tavis/Elaine Verrette
owners
F
AµycoJ Im"',
it T of Salem, fflassa&usetts --
�,4� 23uttrh of Appezd '83 DEC —7 At ct�
DECISION ON THE PETITION OF NICHOLAS S. GIANARELES CITY C4-^ :- 0MCE
FOR A SPECIAL PERMIT FOR 165 BOSTON ST. , SALEM SALE_ i :
A hearing on this petitioner was held on November 2, 1983 with the following
Board Members present: James Hacker, Chairman; Messrs., Hopper, Luzinski.,
Piemonte and Associate Member Bencal. Notices of the hearing were sent -to
abutters and others and notices of the hearing were properly published in
accordance with Massachusetts General Laws Chapter 40A.
Petitioner is requesting a _Special Permit to allow the sale of used automobiles
in this B-2 district.
_ 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 expinsion .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 considering the evidence presented at the hearing and
after viewing plans of the property, makes the following findings of fact:
1 . Opposition raised by neighbors was concerned with increase in
traffic and with parking on the public way;
2. The proposed use of the premises will not have any substantial negative
effects on the surrounding area;
3. The business will be owner operated.
On the basis of the above findings of fact and on the evidence presented at the
public hearing, the Board of Appeal finds that:
f
1 . The proposed use of the property will not be substantially more
detrimiental to the neighborhood than the existing use; -
2. The Dr000sed use of the property is in harmony witri the Salem
Zoning Ordinance.
r
DECISION ON PETITION OF NICHOLAS S. GIANARELES
FOR A SPECIAL PERMIT FOR 165 BOSTON ST. , SALEM
Accordingly, the Zoning Board of Appeal approved the granting of a Special
Permit. The Board voted as. follows: Messrs. Hacker, Lu2inski, Piemonte and
Bencal voted in favor of the Special Permit. Mr. Hopper voted to deny.
Therefore, the Special Permit is hereby granted in accordance with the following
terms and conditions:
1 . No flamables are to be stored on site;
2. No repairs, other than minor emergency repairs, are to be made on the
premises;
3. Any lighting is to placed so as to face inward and away from residences;
4. There is to be no parking of any vehicles on the public way;
5. There will be no more that ten (10) vehicles on the premises;
6. A Certificate of Occupancy and Use must be obtained;
7. Premises must be in compliance with all- Fire Codes;
8. Subject to the approval of. the Licensing Board., and subject to- any
restrictions they may impose.
Lo
James B. Hacker, Chairman—
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LPPE L FR731 TH!S DEG131ON. IF AY.Y. SHALL 3E &iADE PJR',DANT i0 SECTION 1 IF i;`.
CEhi72AL LAMS, Cri�:-fEii SOS, .5:10 Si$ c .. "E :.
LL "o F{Lc6 ;a;u�p1 20 DAYS A u.—
C•E M:S CEi{S!O i !N THE CFF{CE CS - AFTER THE .i+c OF nLl`:7 - -
T'r.: CITY CLU.K.
F"a'i ART TOi%;MS. MJ.PAL LS:iS, CHAPTER EOR. SECTITf 11. THE vA...,t..�_CV." _ m•.....c
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i`.T. IF SJ+:H l APPEAL HAS B°E'1 F•LE. , ( 1F r•'.S Jcc 0' }•, n , �-
n_..RDtO IN THE SJJFH ESSEX REGISTRY 0, DEEDS A 7 7 c
ED UNDER :t• - _ _ f
OF P.ECORD OR IS RECORDED AND NOTED Oir' THE OWNER'S CERTIFICATE OF TR!�. lr r..
BOARD OF APPFAL -
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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