COMMERCIAL STREET - BOISVERT, LOUIS - ZBA r
Commercial St. Lot #45
SCM Corp. (owner)
fk Louis Boisvert, Arro Mnf. — - —�
(Petitioner)
Granted: 10/27/82
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DECISION ON THE PETITION OF LOUIS BOIVERT REQUESTING
VARIANCES AND A SPECIAL PERMIT FOR LOT 45 REAR COMMERCIAL STREET
A, hearing on this Petition was held on October 20 and 27 wit _
the following Board Members present: James Hacker, Chairman;— ,
Messrs. Piemonte, Hopper, and Feeherry, and Associate Member Luziuski.
Notices of the hearing were sent to abutters and others and A7Votice of the
hearing was published in the Salem Evening News in accordance with Massac`hu§ Yts
General Laws Chapter 40A.
Petitioner has requested .a Special Permit as to use of the locus so that
he may utilize and expand an existing warehouse into a machine shop for
metal working.
Petitioner also requests variances from the density regulations of Section VI B, Table II
pertaining to lot area, lot width, lot coverage and yard requirements.
Petitioner's nonconforming lot contains only fourteen thousand square feet and 135'
of frontage. This lot and the warehouse on it have existed for many years. The
present structure is nonconforming as to front, siAo and rear yards. Petitioner
proposes .to construct an addition, which would have a ,rear yard of not
less than nine (4) feet, and a Southwesterly sideyard of ten (10) feet. The existing
Northeasterly sideline of six (6) feet would not change.
• The Boacd of Appeal, after consideration of the evidence presented at the
public aurin,; and after viewing the property makes the following findings of fact:
1) Petitioner's proposed addition at the site will have a positive effect on the
ares and Will protect jobs for Salem area residents.
2) Peti::ioner's proposed construction was unopposed by his abutters.
3) Petitioner has adequate parking at the site.
On the basis of the above findings of fact, and the evidence presented
at the public hearing, the Board of Appeal concludes as follows with respect
to Peti_ioner's request for variances:
1) The prope_ty in question is unique because of its peculiar configuration and
because of the existing structure at the site.
2) The conditions described above especially affect the land in question but do not
generally affect the zoning district in which the land is located.
3) The conditions described above which affect the land in question, but not the
zoning district generally cause the following special hardship: unless a variance
is granted, it will be virtually impossible to construct an addition at the site,
• 4) The desired variances may be granted oithout s.ibstantial detriment to the public good
The Board of Appeal thus unanimously voted in favor of the requested variances.
,, SI II
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PAGE 2
PETITION OF LOUIS BOIVERT REQUESTING
VARIANCES AND A SPECIAL PERMIT FOR LOT 45
REAR COMMERCIAL STREET
October 27, 1982
F%D'd S 51
With respect to Petitioner's request for a Special Permit,,the provision
of the Salem Zoning Ordinance which we deem to be applicable to this
request for a Special Permit is Section V B .10, which proy}des.asjollows-•.
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 I% 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 that such change...
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 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.
iOn the basis of the above findings of fact, and on the evidence presented
at the public hearing, the Board of Appeal finds (i) that the proposed
use of. the property will not be substantially more detrimental than the existing
use to the neighborhood, (ii) that the proposed use of the property will
promote the public health, safety, convenience, and welfare and (iii) 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.
The requested variances and Special Permit are granted in accordance with
the following terms and conditions:
1) A Special Permit is granted to allow use of the locus as the site for
a machine shop for metal working.
2) Variances are granted from density regulations, lot area regulations,
lot width, lot coverage, rear and sideyard restirctions for the construction of the
proposed addition.
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PAGE 3
PETITION OF LOUIS BOIVERT REQUESTING
VARIANCES AND A SPECIAL PERMIT FOR LOT 45
REAR COMMERCIAL STREET
October 27, 1982
Nov 1 s 51 All 'az
3) Eleven parking spaces shall be maintained at the site;-
f TY -` ,•}cam
4) An addition may be constructed to the existing structure' ataP the 's-t:ite6ih
accordance with plans submitted to the Board dated October 25, 1982.
5) A Certificate of Occupancy and Use shall be obtained prior to occupying or
using the site.
6) Petitioner shall be required to submit plans to the Salem Fire Marshal
and the Salem Director of Public Services confirming that Petitioner
shall construct an acceptable water main and post hydrant to service the site.
7) Nothing in this decision shall be construed to require the City of Salem
to maintain the area of Commercial Street in front of the locus as a
public way or to maintain the water main to be constructed to service the site.
Anthony M. Feeberryy Secretary
APPcf' I TP:S _I,. I r f .:_L r E f7 1'iT TO c '?! 17 fr THE
1, '; I; ' •- -_ .
R 9� l i t TdEj. I ESr-!
OF REC6rJ 08 IS f,CLMD;D A;!) i, r.'0 Orf T 04NERSILE, iIFIL?'iE ^ tliLE :'; t TnE G..i+Eft -
BOARD OF APPF,AL
A COPY OF THIS DECISION AND PLANS HAVE BEEN FILED WITH THE PLANNING BOARD AND CITY CLERK
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