43 ESSEX STREET - SCHIAVONE & COLLINS, RALPH & JOHN - ZBA 43 Essex St. R-2
Ralph Schiavone
-- _ John CollinsN.
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Pourb of APnea1 '83 - NOV 30 P
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DECISION ON THE PETITION OF JOHN COLLINS AND RALPH SCrH�A OIE t`
FOR A SPECIAL PERMIT FOR 43 ESSEX STREET, SALEM
A hearing on this petition was held on November 16, 1983 with the following
Board Members present: James B. Hacker, Chairman, Messrs. , Charnas, Hopper and
Piemonte. Notices of the hearing were 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 request a Special Permit to allow them to conduct a used car sales
business in the R-2 district. The subject premises in already being used as
a service station.
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 noncon-
forming lots, land, structures, and uses, provided, however,
that such change, ,extehsion, 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 considering the evidence presented at the hearing,
makes the following findings of fact:
1 . Vigorous opposition to petitioner's plan was raised by neighbors;
2. The residential character of the neighborhood would be substantially
changed if a used car sales business were conducted on the subject
premises;
3. The already significant parking problem in the neighborhood would be
exacerbated if petitioner's request were granted.
On the basis of the above findings of fact and on the evidence presented at the
hearing the Board of Appeals concludes as follows:
1 . The Petitioner's request cannot be granted without substantial
detriment to the public good.
2. The granting of the Special Permit will not promote the health, safety
DECISION ON THE PETITION OF JOHN COLLINS AND
RALPH SCHIAVONE FOR A SPECIAL PERMIT FOR
43 ESSEX STREET
convenience or welfare of the City's inhabitants;
3. The requested relief substantially derogates from the intent and purpose
of the Zoning Ordinance.
Therefore, the Board of Appeal by a vote of three against, Mr. Piemonte voted.
present, voted to deny the petitioner's requested Special Permit.
The Petitioner's request for a Special Permit is hereby denied.
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Scott E. Charnas, Acting Secretary
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i1 -I- :F T`..' CLY CLERK.
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BOARD OF APPEAL -
A COPY OF THIS DECISION HAS.BEEN FILED WITH THE PLANNING BOARD AND THE
CITY CLERK
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