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No. 153L-2
HASTINGS. MN
LOS ANGELES-CHICAGO-LOGAN.OH
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U.S.A.
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DECISION ON THE PETITION OF WILLIAM & CHERYL_GALLAGHER _REQUESTING A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 3� SCENIC TERRACE, (R-1)
A hearing on this petition was held April 17, 1.996 with the following
Board Members present: Stephen Touchette, Chairman, Gary Barrett,
Nina Cohen, Albert Hill, Associate Member Joseph Ywuc. 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 home sales of
firearms in a R-1 District for the property located at 3 Scenic
Terrace (R-1 ) .
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 Sections 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. Petitioner has been a Federally and State licensed firearms
dealer for 12 years and has been licensed to sell firearms for
8 years at the subject property.
2. Petitioner's records indicate 52 firearms transfer transactions
over the last 12 years.
3. Petitioner indicated that he stores no firearms for sale at his
residence, and that most firearms are picked-up on the same day
that he accepts delivery.
"DECISION OF THE 'WILLIAM & CHERYL GALLAGHER REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 3 SCENIC TERRACE iR-11
page two
? . Petitioner represented that his customers are people he knows-
friends, neighbors and family.
5 . Petitioner represented that his home has a safe for storage of
firearms when they are on-site as well as a security/alarm
system.
6. Petitioner submitted a petition signed by 12 neighbors who
indicated that they had no problem with his request for a special
permit for the home sale of firearms.
7. No one in attendance at the hearing spoke in favor of the
petition.
8. Ward 4 Councillor Leonard O'Leary spoke in opposition to the
petition.
9. Robert Roderick, 18 Scenic Avenue opposed the petition and
submitted a petition containing the signature of 18 neighbors who
also opposed the petition. Two names appearing on this petition
also appeared on the petition submitted by the petitioner.
10. William Michaud, 1 Scenic Way; John Jermyn, 1 Outlook Avenue;
Cheryl Terry, 6 Scenic Place; Jean Solimeno, 138 Marlborough Rd;
Eileen Kendall, 6 Scenic Place; Maureen Lloyd, 18 Scenic Ave;
Rita Wilkie, 22 Scenic Ave. spoke in opposition to the petition
citing concerns for the safety of the neighborhood and its
children and generally opposing a business being conducted in a
residential area.
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 cannot be granted without
substantial detriment to the public good or without nullifying and
substantially derogating from the intent of the district or the
purpose of the ordinance.
2 The granting of the Special Permit requested will not be in
harmony with the neighborhood and will not promote the public health,
safety,convenience and welfare of the City's inhabitants.
Therefore, the Zoning Board of Appeal voted unanimously, 0-5 in
opposition to the motion to grant the relief requested. Having
failed to garner the four affirmative votes required to pass, the
motion to grant fails and the petition for a Special Permit is
denied.
SPECIAL PERMIT DENIED i CSC
April 17, 1996
Gary Barrett
Member, Board of Appeal '
.�
G:m'
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DECISION OF THE WILLIAM h CHERYL GALLAGHER REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 3 SCENIC TERRACE (R-1 )
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 Variance or 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 or 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
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CERTIFICATE ISSUED
' DATE May 25, 1993
E' CITY OF SALEM "
A SALEM. MASSACHUSETTS 01970 BUILDING PERMIT -
e4DOm„ CERTIFICATE OF OCCUPANCY
Robert
`^ DATE Dec. xI 19 ?9�21l PERMIT NO. 579-9`.
APPLICANT 1Tobe I. Ouellette ADDRESS Salem M'!
E.AS�N�.C.) (STPECT) - ICU�ryN'ISPn�'.S�� LICCNtEI
AMI71M '2 Li11ET(Itr'� ^ HUMBER OF MYa'
PERMIT TO I_1 STORY OWEL UNG UNITS
11,11 01 IMPRov(utR a .0. - - 1PROPOSED USLI
AT ILOCATIONI 3 `manic 4'8rram WAr'd 4 ZONING
IA0.1 ISTREETI
BETWEEN AND
11.015 111(til IC.GSS SIAEETI
LOT'-'i
SUBDIVISION LOT BLOCK SIZE'
BUILDING IS TO BE FT, WIDE P. FT. LONG BY FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION
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TO TYPE USE GROUP T�BASEMENT WA`LS OR FOUNDATION_
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Construct a aecom level addition to existing (boa *amily for 2 bedxoansE study
REMARKS:.
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DECISION,QR—THE-PETITION OF WILLIAM AND CHERYL GALLAGHER FOR A SPECIAL
PERMIT AT 3 SCENIC TERRACE (Rtl )
A hearing on this petition was held June 3, 1992 with the following
Board Members present: Richard Bencal, Chairman; Richard Febonio,
Edward Luzinski, Francis Grealish Jr. , and Stephen Touchette. 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.
Petitioners, owners of the property, is requesting a Special Permit to
construct a second level to existing single family home. The property
is located in an R-1 district.
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 this petition.
2. The neighbors and abutters spoke in favor of granting this
petition.
i
DECISION ON THE PETITION OF WILLIAM AND CHERYL GALLAGHER
�SCIQL03 �1 r97
PERMIT AT 2 SCENIC TERRACE, SALEM ��jj
page two CITY pF-
CLER,KKSSLEH. ,;Sc
3. The additional height is in harmony with the abutting resideriCEICF
4 . The impact of the addition is extremely minimal .
On the basis of the above findings of fact, and on the evidence
presented, the Board of Appeal concludes as follows:
I . 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. All construction shall be done as per the plans and dimensions
submitted and by legal building permit.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4. Petitioner shall obtain a Certificate of Occupancy for the addition.
5. Exterior finishes shall be in harmony with existing structure.
SPECIAL PERMIT GRANTED
June 3, 1992 1
Richard Febonio, Member
Board of Appeal
i
DECISION ON THE PETITION OF WILLIAM AND CHERYL GALLAGHAW '7 3 63 P 92
FOR A SPECIAL PERMIT AT 3 SCENIC TERRACE, SALEM }� '
page three CITY OF S„I
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CIERK'SCFFJMESS
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 to 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
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Ilublic joropertq Department
iguilbing 13epartment
(One dalem !Breen
500-745-9595 Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
July 17 , 1996
Department of the Treasury w
Bureau of Alcohol , Tobacco and Firearms
Thomas P . O 'Neil Federal Office Building
Suite 795
Boston, Mass . 02222
RE : William.J-.- Gallagher
1�:3'Scenic Terrace
Salem;Mass-01970
Dear Mr . Cosgrove:
The acquisition for a permit for the sale of Firearms
in the City of Salem is a Special Permit request through
the City of Salem Board of Appeals .
Mr . Gallagher in April of 1996 filed for a Special
Permit for the salem of firearms at 3 Scenic Terrace and
was denied . Please find enclosed decision per City of
Salem Board of Appeals .
If this office can be of any further assistance in
this matter, please do not hesitate to call .
Sincerely,
Leo E. Tremblay
Zoning Enforcement Officer
LET: scm
cc : Lt . Ouellette
Salem Police Department
Councillor O ' Leary
DEPARTMENT OF THE TREASURY
BUREAU OF ALCOHOL, TOBACCO AND FIREARMS
Thomas P. O'Neill Federal Office Building, Suite 795
Boston, MA 02222
July 11, 1996
Mr. Leo E. TREMBLAY
Building Inspector/Code Enforcement Officer
City Hall
Salem, MA 01970
Dear Mr. TREMBLAY:
The below captioned individual has applied for a renewal of his
Federal Firearms License (FFL) . This license allows him to sell
firearms and to perform gunsmithing from the address listed below.
We wish to defer to local zoning ordinances. The applicant's name
and address is as follows:
a
William J. GALLAGHER
3 Scenic Terrace
Salem, MA 01970
If your community prohibits these activities from the intended
premises we will not issue the license, provided you present
written notice. Your notice should appear on City/Town Letterhead
and should cover the following topics.
1. Local ordinances prohibit the conduct of a firearms or
gunsmith business from this address.
2. This municipality enforces these ordinances.
3 . If the applicant contests this decision, a representative
of the City/Town will agree to appear at a hearing.
The letterhead notice can be sent to me at the above address or
transmitted via facsimile to (617) 565-7025. If you have any
questions I can be reached at (617) 565-7053 . If I have not heard
from you by July 25, 1996 the FFL will be issued/renewed.
Irx-i
VE
ctor, ATF
fit" of 3alrm. �4Ea55athix5etts
DECISION ON THE PETITION OF WILLIAM & CHERYL GALLAGHER REQUESTING A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 3 SCENIC TERRACE (R-1)
A hearing on this petition was held April 17, 1996 with the following
Board Members present: Stephen Touchette, Chairman, Gary Barrett,
Nina Cohen, Albert Hill, Associate Member 'oseph Ywuc. 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 home sales of
firearms in a R-1 District for the property located at 3 Scenic
Terrace (R-1 ) .
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 Sections 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 rhe 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. Petitioner has been a Federally and State licensed firearms
dealer for 12 years and has been licensed to sell firearms for
8 years at the subject property.
2. Petitioner's records indicate 52 firearms transfer transactions
over the last 12 years.
3. Petitioner indicated that he stores no firearms for sale at his
residence, and that most firearms are picked-up on the same day
that he accepts delivery.
DECISION OF THE WILLI.�! & CHERYL i,ALLAGHER REOUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 3 SCENIC TERRACE R-1?
page two
Petitioner represented that his customers are people he knows-
friends, neighbors and family.
3. Petitioner represented that his home has a safe for storage of
firearms when they are on-site as weil as a security/alarm
system.
6. Petitioner submitted a petition signed by 12 neighbors who
indicated that they had no problem with his request for a special
permit for the home sale of firearms.
7. No one in attendance at the hearing spoke in favor of the
petition.
8. Ward 4 Councillor Leonard O'Leary spoke in opposition to the
petition.
9. Robert Roderick, 13 Scenic Avenue opposed the petition and
submitted a petition containing the signature of 18 neighbors who
also opposed the petition. Two names appearing on this petition
also appeared on the petition submitted by the petitioner.
10. William Michaud, 1 Scenic Way; John Jermyn, 1 Outlook Avenue;
Cheryl Terry, 6 Scenic Place; Jean Solimeno, 138 Mariborough Rd;
Eileen Kendall, 6 Scenic Place; Maureen Lloyd, 1S Scenic Ave;
Rita Wilkie, 22 Scenic Ave. spoke in opposition to the petition
citing concerns for the safety of the neighborhood and its
children and generally opposing a business being conducted in a
residential area.
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 cannot be granted without
substantial detriment to the public good or without nullifying and
substantially derogating from the intent of the district or the
purpose of the ordinance.
2. The granting of the Special Permit requested will not be in
harmony with the neighborhood and will not promote the public health,
safety,convenience and weifare of the City's inhabitants.
Therefore, the Zoning Board of Appeai voted unanimously, 0-5 in
opposition to the motion to grant the relief requested. Having
failed to garner the four affirmative votes required to pass, the
motion to grant fails and the petition for a Special Permit is
denied.
SPECIAL PERMIT DENIED % \
April 17, 1996 �v, c, CSC �J
_ �J
Gary Barrett
Member, Board of Appeal �,
,_CISION OF THE WILLIAM n CHERYL GALLAGHER REQUESTING SPECIAL
HRMYT FOR THE PROPERTY LOCATED AT 3 SCED,7C TERRACE (R-l )
:age three
COPY OF THIS DECISION HAS BEEN FILED l _TH THE PLANNING 20ARD 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 Variance or 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 or Deeds and indexed under the name of the
owner of record or is recorded and noted on the owner' s Certificate
of Title.
w
Board of Appeal
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