34-38 1/2 BRIDGE STREET - SPINALE, JOHN - ZBA (4) 34-382-z Bridge St. B-2
John Spinale tr. , 34-382 Bridge
St. Realty aoA/C-2 ---�\
a
1
�S
0�
C"''
o '
` I
'ro�mwu�
1
of -,'j�ttlem, �fflttsstzcljusetrs
-Sous of Apeal
LIP-
DECISION ON THE PETITION OF SAMUEL PAPALARDO, PETITIONER/34-38 1/2 BRIDIC°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 Ste hen .o'Grad and Associate Member LaBrec
� Y 1ue 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.
,r
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
y 4 t
Cq
�n
th
r�
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
n..c
T� w
+�T
T�
T
-P
m W
�Iitu of --$ttlem, �fflttsstttljusettg
'Bnttra of rAeal a
.,,
�
0
DECISION ON THE PETITION OF SAMUEL PAPALARDO, PETITIONER/34-38 1/2 BRIME 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.
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.
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 A/
Stephen C. Touchette,V. Chairman
Board of appeal
ti
;r
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
rn
n<
a T
?��n
s
,t
m s Wn
_SATE OE EEARI }G 0 / 3 9
ETITIONER
^ _ 2
�
_C'CATIOi: ��:3`r'd �/�00
:10TION: TO GRANT SECOND
TO DENY SECOND
iO RE-NEAR SECOND
LEAVE TO WITHDRAW SECOND
"0 CONTINUE SECOND
POLL CALL ' • ,PRESENT GRANT DENY WITHDRAW RE-HEAR CONTINUE
STEPHEN O'GRADQY
GEORGE A. AHMED
l% 1 H
EDWARD LUZINSKI /
STEPHEN TOUCHETTE ✓
ASSOC TE :1EMBERS
ARTHUR LABRECOUE
CONDITIONS:
Pk
�—
APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . .
Ctg of �$Aem, cfflassadjuseetts
•. - 15attrb of 'Ptettl
TO THE BOARD OF APPEALS:
lessee
The Undersigned represent that he is sxu the mwuwx of a certain parcel of land located
at N0. 34 - 38 1/2 Bridge, , , , , , , , , , ,,, , , , , , , , , , , , , , , , , , , , , , , , , , ,Street; Zoning District.$.-?. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : and said parcel is affected by Section(s) . . . . . . . . . . . . . . . .
of the Massachusetts State Building Code.
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance.
Direct Appeal
nH r
r� N
rno H
�> N
r
�m cn
.fix: r
�R
.n>
The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
Direct Appeal
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement of said
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons:
The petitioner seeks a special permit for the retail sale of automobile and
trailers, under the provisions of Article V s.5-3 of the Salem Zoning Prdinance.
The locus currently is utilized as an automobile service station which shall
continue. The locus previously was utilized for the sale of automobiles and there
are three other such locations within 1000 feet. The intended use will not create
any significant increase in vehicular or pedestrian traffic and will be representative
of the businesses in the neighborhood.
y.a
g
W c L
o '—-I Owner. 34-38 1/2 Bridge Street Realty. Trust
W . . • • • • • • . . . • • • . . • • • . .
LO
CD Address.34-38 1/2 Bridge Street. Salem
N
wa cr—, Telephone. . . ... . . . . . . .07. . . . . . . . . . . . . . . .
Petitioner. ,Samuel L. Papalardo
d/b/a J.B. Motors
Address. .34;38.1/2 Bridge .$ FFpt, Pales .
Date. . .JulY.8, . 1M. . . . . . . Tele one. . . (508 744.2222
By . . . . . . . . . . . . . . . . . . . . . . .
Atty. James M. Fleming
47 Buffum Street, Salem, MA ?1970
Three copies of the application must be filed with the Secretary of the Board of
Appeals with a check, for advertising in the amount of. . . . . . . . . . . . . . . . . . . . . .. . . .
four weeks prior to the meeting of the Board of Appeals. Check. payable to The
Evening News.
(situ ofttETri, � tt��ttttuop�to
uhiir rnpertn a` euartment
;r9Ar'n�rveW" + ui:lilina L�epnrtment
(One •_�alrm l5reen
398-7-15-9595 Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer June 2 1993
Sam Pappalardo
6 Dearborn Lane
Salem, MA 01970
RE: 38 1/2 Bridge St. ; (B-2)
Dear Mr. Pappalardo:
On May 5, 1993 1 sent a letter to you ordering you to Cease and Desist
the sale of used cars at the above referenced property and to date you have
chosen to not only ignore the Cease and Desist, but you failed to contact
the office as requested.
As you were advised, in order to used this property for the sale of
used cars, you are required to obtain a variance from City of Salem Board
of Appeal, again, you have failed to respond.
As a matter of courtesy I will give you and additional seven (7) days
to respond. Failure to comply will result in this department taking legal
action.
Sincerely,
Leo E. Tremblay
Zoning Enforcement Officer
LET:bms
cc: Licensing Board
Lt. Ouellette
Councillor Harvey, Ward 2
Certified Mail #P 091 156 311
/pplyd2/
Chit" of �tticm, afittssachusctts
Public Prnperiu Department
+�uilDintt Depttrtment
!ane !+alcm lbreen
30k1-713-9195 xt. 3ll�
Leo E. Tremblav
Director of Public Property
Inspector of Building
Zoning Enforcement Officer May 5, 1993
Sam Pappalardo
6 Dearborn Lane
Salem, MA 01970
RE: 38 1/2 Bridge St. (B-2)
Dear Mr. Pappalardo:
You are hereby ordered to Cease and Desist immediately the sale of
used cars at the above referenced property. Said property is located in
the B-2 district which does not allow, by right, this type of use, it
would require a Special Permit from the City of Salem Zoning Board of
Appeal. It is also a violation to have an office structure located on this
site without the proper permits.
You are hereby notified to contact this office within seven (7) days
of receipt of this notice to either make application to the Board of Appeal
or to advise me, in writing, that you have complied with this Cease and
Desist order.
I thank you in advance for your cooperation and prompt attention in
this matter.
Sincerely,
Leo E. Tremblay
Zoning Enforcement Officer
LET:bms
cc: Licensing Board
Lt. Ouellette
Councilor Harvey
Certified Mail #P 009 226 295
/pplyd/
f
As5E5F50rz5 MAP E0-f5 ZQ
r Bis Ery HVVAY
a-f ;ZEA - 17,500 12, - .
ALLOWAF5Le CoVfgAli6 17. 00x 0.27 = 43-75 S
ol
0
z �; � , .^ , ,`� �: '• `. ' ' ' ,.. , . , Ex �gTr�y BLFy a� NES! E;DDtt►ON)
. r
. 9
6t U ) REU ?N-r •WIti. ),l E4 ADDITtnrJ c,..
� S,F. fju h = 720
>:x! 6TIN,4; n. ii• uo,
' 2 1680 6 .f. 2
\,
6� �IrO = tt�. 8 P cy
Pp�tES 2526 �
AVA I � AtF�
, �K-
,
15
_
fi
•
FF
r _
t
r
i r
r i r
Is
\\ r
1 - -
SToRA4 6 -
H
CD
U3 Cl)
co
1175- 00
n
- -
,
l
—_
r,
X
F- lir
,
x ,r
2 l
Q
\
O Cl)
CA
cu
I3 Rl 149
ICU
MA
x
-
;24 c`.eTY O'F -
t z
P. IN
DATE:
ST e'�:gLTy 71Z }
vi
FRUtn A RLArI 5Y RUrZAL LAND SUtLVEY5,
__ �QFOERIcr< Farz3e5, 3rr L+�,2rc� ,41A vIBZ;
- L - -;JATFD= .104 9 1992
Y
D'wc . N o. '
} . - - -
.. - ._ �._,i1--x..,r __ ..:.c_ t.S-..•_r_. ._. . . :.i: =i .Yi:�:. _ _.ai -.;e.. x 1+ ' -- ..[...r _ : ?t _-_ -
vi/v/�3
I
3 t't- t/ f - ✓r`1 T{ `' 2. Zowit -- 2 13U5 )W64,r7 - }-}1qk{ WAY
•
tE
-
r' � ,; — -- = - _-- - - � �• �} __ - - - ALOWA3G eoyfRASE� 1�
437 5 ;. f
FXI-5TI-4 ,f; r3U) L,D1Nge eoVF� 60. 13a� 2?Utj r7
i'`� �,. . fr y---� �-� � ;� 1 ._ r7• P(10POSED f3UILDIN/'
)y�, 15TI»y BLpS. NSW A"Mr.noN� r
_ _ -t
' / . `=� \� 2 r- `'— lo• QEQUI2ED F,tk�LKltJ�y }JEVt/ 4DD(TtDN {{
O 5z 5
INS // // pp 5.F fi b4 hrf 2 0
:` ,. - . - ,ir.1 Y � ,- - l,_ %-f/ - - - µ _ - _ , , .yy r . . •. M`\ -..� .. l �- t 7• MID,
�
Ex � � �C70
� " 1 y� - .f / _ _" �; _ :, •r. - .. '.- \� _ L +, \v hPaLES 2520 /SAO - l�. B hPAceS
7. AAA I LAP PAfE f62
rr � � r `, v h,YA ILA ?l 5 nc9s iw"fE2tof[- �'
T V �i ivc
_ _. - : 3 I ?t / �{. i ,I � // } -, - _. _ __.._- •___-_ - - --Z-� - ;15.170• r ���lp - —wi,—+�r�`X;^
1
.'V
E
LC
2E � ! S TC1�A�
,
r
WFTA ( L f
)
i ` M
co
r �
r Q,
[� 149 C. (�UBL/C ii/Cj�1�r3LE N(1Dfl! i' J5/ �" L A• �F Z- ,4 /Vo ?
1. �� m E '
ca
REVISIONS:
d,rrif � n craft / t r fr _ F -.- , • - - - ,- '' -
DATE:
T J
A-UST
�/U,ItE 10 r ,'2 ;
ED A.qCl,
FRou, A PLArC by RurzAL LAI`JP SCJ[Z 6Y
�,Ccvr_(iICK *U4;*sE5 F E <:I, LE ,ti,AA L) !8Z !
r
- — -T ----
ILLSLLi
� or .Ls =
-- _ � - � o ,-, - -- - - _ — 1 r�.S`ESSo25 ��.Ap 3�, Co't5 20 �• ZI . -
I, C3, Z 3051WC'S76, — We H WAY
--- - - - 3 LO Of AZC-A = 17 500
Co\vfA2AhE =jOO7C .2�� - 7 -
r /�
3 2
F-Xt 5TI�� 601 �91N
7 S �ovEfL- r!o. 1 �� _ 3v�
5
P oP�SE� SVILf?1N Co •�
4 // R v> ,2MatiE5105 5. F
� _ ` � * rr'r� ` ..\ 1I ` �'.' - •- _ -1_ _ ` �l , �1 (�X 116 I�I� $t.D4q, `Y NEW d��l 0,
6. QEQuI REa KING VIEW 4DPil low
!� _ + •"�, `_.-- - �'�� .t- - - _ ; ,1, _ .i - `` - ',
uor
. 2 1680 5,F 1- boo h.f 2�ZD S•r•
\ `` - _;-: ' ;--- � - -'" '' ' .:: _ -s':L - _ <' • - - ti, � hP LES 2520 IrU• O = ! SPA�E'�
A� A L A PS L. A(f <j E
_ } = �! I SP F �Ei(T 210tz 2?i ,
--- ;- - .-rte= --- _ --- -- - �ta�£ 27 42PAc�s
:
NS
AW
-----------------
--fit
VA ILA P> E S i+1"fE2 rL
1 L
1 ~
-- —
t
i
Illy
<
,
1
I Iy
�F.
WFTA I L
CD/
cc
,N
m
u -
CD
lGdv2MBLE Kl'J;E%�. ` u� + :� �.� r - . - �-� c ;
t� /E:, A �+' Sig �•, t -. . . �- L r - _ - _ �
1
. Rr-ViIGWS
– / r� / •C –r - i
\ DATE: 1
-
- TIS✓�T J E
vtED ARC,
O
- 1 SSI Y`JJ� '
- f120G'. A PLkN 5-r UrZAL LAK, v SLiRvEYS
FcCEcPE(CICt< IGOF-SC5, ' E S{LLrrZIC,; .AAA L) 1SZ1 =4<T\Hpfk'SSF p
•..»_.. i
)Arcp: iUh' 9 t992
6s_... .
. .o - -
�.
SJ 4 \J. i •'•.
t .I
! 0T ,G-
MAP 3". X015 ?O Z l .
- - - 3 lad AOEa•
- - - - ALLOWA6,LC- CoY--:EFQA46 17500X, 0.25 =-4
-.. s -. i � �'.._ a .�• _ - ^ /• ) •
'tai 1r-te, ►3U L� �► : -'��i OVEfL .
-
y� �,.- � `I•,- _ ' � `\ ` ><--' 'j. P(ZOP05ED P>UILG :/J CLJ
�-t VE12A4E (0.29%1j 510 5 5.
L4,,DDrr)Ow)
Inc
{EX �S(INy $LDCs. !JEYJ
` y � REQu12ED ?ArzIC( ADDITION
EX16-f INS BL9,6. -,J0 - Z 1680 6•f f boo �,f = 2 20 Sri
_ - _ _ . -'` •, .: �.'_ _ - ` � PaLE�i- 25 G o�1�0 Ifc, 8 SPACE`S
Ji-
/. / S`JAILAr'LL 12F—�rCE�7 (F;C(EfZiD1Z 2z✓
:. 5
27
- --- --
-
i ---------
10 ,
I Af L
LM
O
E
r--- - - - -- — ------- - --
i _: i
- - i -- — t r• s`
I
i c
~.- eel
!� J /` "< . ' C d< �/�f'•LF iY';<i7,' t. 'G t.e ffia .• _ lig, �_ /`" '_ .—. -; , `,' i :`' E
cc
cu
HA— —
r . DATF-
_-
_ vr,1E