71 LEACH STREET - FOX, MARTIN A - ZBA 71 LEACH STREET
PRISCILLA MICHAUD, Owner
MARTIN A. FOX, Petitioner
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JUNE 10, 1981 181 JUN 17 A10 :08
FO
�IT CLERK'SOFFICE
DECISION ON THE PETITION ON MARTIN A. FOX FOR A SPECIAL PERMIT �S 5A?-S�&EET
A hearing on this Petition was held on June 10, 1981 with the following
Board Members present: Douglas Hopper, Chairman, Messrs. Feeherry, Hacker and
Associate Member Lusinski. Notice of the hearing was sent to abutters and others
and notices of the hearing were properly published in the Salem Evening News. iu
accordance with Massachusetts General Laws Chapter 40A.
The Petitioner has requested a Special Permit to conduct his business of
selling, repairing, servicing and storing steam cleaning equipment at the property.
The property at 71 Leach Street is in an R-2 district where the proposed use
is not generally permitted; however, the property has for over 40 years been used
as a garage for the repair and maintenance of automobiles as well as for the sale
of automobile parts.
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:
Nothwithstanding anything to the contrary appearing in this
Ordinance, the Board of Appeals 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 expan-
sion shall not be substantially more detrimental than the existing
nonconforming use to the neighborhood.... (Emphasis added)
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.
The Board, after considering the evidence at the bearing on this matter, _
makes the following findings of fact:
1. This property has been used for commercial purposes for almost fifty
years.
2. The property which is, in essence a garage can only be used for
commercial purposes.
DECISION - JUNE 10, 1981 - MAP,TIH A. FOX - PAGE TWO
'81 JUS 11 A10 :08
CITY CLFM'S OFFICE
SALE I MASS
3. The proposed use will create no noise- and virtually no
traffic.
4. The Petitioner's proposed use of the property will be
less detrimental to the area .than the prior use of the property.
On the basis of the above findings of fact and on the evidence presented
at the public hearing, the Board of Appeals finds (i) that the proposed use of the
property will not be substantially more detrim=_^_tal than the existing use to the
neighborhood, (ii) that the proposed use of the property will promote the health,
safety, convenience, and welfare of the City's inhabitants, and (iii) that the
proposed use of the property is in harmony with the Salem Zoning Ordinance.
Accordingly, the Board unanimously approves the granting of a Special Permit
to the Petitioners.
The Special Permit is therefore granted in accordance with the following
terms and conditions:
1. The property may be used for the sale, storage,: repair and maintenance
of- steam cleaning equipment.
2. The property shall be used for these purposes during the hours 8 a.m.
to 6:30 p.m. Mondays through and including Saturdays.—
3. There will be no''structural alterations of the property in connection
withthis use of the property.
4. If it is necessary to vent steam £rom the property in connection with
the proposed use of this property, all such venting of steam will be through '
the roof of the building.
5. This use of the property may involve no more than four employees.
thong M. Fee er '
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