459 HIGHLAND AVENUE - FIORE, CHARLES - ZBA 459 Highland Ave. B-2
Nicholas Fiore (owner)
Charles Hincman (Pet) - ----- — - - --c�—_c��
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DECISION ON THE PETITION OF CHARLES AND ALEXANDER HINCMAN
FOR AN EXTENSION OF A SPECIAL PERMIT FOR 459 HIGHLAND AVE.
A hearing on this petition was held February 26, 1986 with the following Board
Members present: James Hacker, .Chairman; Messrs. , BI ��, Csagba� $rout and
Associate Member Dore. Notice of the hearing was sen to abutter n Dbothers and
notice of the hearing were properly published in thpjL�iem Evening News in
accordance with Massachusetts General Laws Chapter 40A.
CITY CLC°.* E>t_Ek.hlASS.
Petitioner, leasees of the premises o�rned by Nicholas Fiore, request an extension
of the Special Permit granted by this Board' in 1984 to allow them to operate a
business for the purpose of display, sale, installation and service of miscel-
laneous truck equipment and accessories, and to also conduct a welding and
light to medium metal fabricating shop. The property is' located in a B-2 zone.
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
`III 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 expansionshall
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 promotethe 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 . No substantial opposition was raised to the plan;
2. The petitioners have proved themselves to be good neighbors,
and have conducted their business in such a way as to have
a positive impact on the neighborhood;
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
1 . The proposed use of the property will .not be substantially more
detrimental to the neighborhood than the existing use;
2. The proposed use of the property will promote the public health, safety,
convenience and welfare of the City's inhabitants.
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i
DECISION ON THE PETITION OF CHARLES AND ALEXANDER HINCMAN
FOR AN EXTENSION OF A SPECIAL PERMIT FOR 459 HIGHLAND AVE. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
extension of the Special Permit as requested, provided that:
1 . The Special Permit is extended fora period of ten ( 10) years
from the date this decision is filed ;
2. No welding, sandblasting, or fabricating of any type be done
outside the building.
SPECIAL PERMIT GRANTED
Scott E. Charnas, Secretary
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 THE MASS.
GENERAL LAW'S, CHAPTER 8D8, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.,
GE;ERAL TER SDS, SECTION 11, THE VARIANCE OP. SPECIAL PER"!T
PURSANT TO ?LASS. LAWS' CHAP
4 TE
GRANTED HEREIii. SHALL NC'i T^.3E EFFECT UNTIL A COPY OFANDENO CAPPEAL EHAS,BEENHFI`D?
FICA.T:'=N OF !H`_ CITY CLERK THAT 20 DAYS HAYE ELAPSED
OR in Ai, IF SUCH A_'� APPEAL HAS BEEN FILE. THAT IT HAS BEEN DIS'.!i$SED OR DENiED IS
OFCRECORD INTHE
S RECORDED ESSEX
REGIST YONFTHELOWNER'S DS AND IICERTFIICATE OF TITLE4DEXED UNDER THE . OF THE O'1;'r�ER
BOARD OF APPEAL
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attrD of AFpral
DECISION ON THE PETITION OF CHARLES & ALEXANDER HINCMAN FOR A
VARIANCE FOR 459 HIGHLAND AVE.
A hearing on this petition was held on August 22, 1984 with the following
Board Members present: James Hacker, Chairman; Scott Charnas, Secretary,
Messrs. Robert Gauthier & Edward Luzinski and Associate Member, Richard
A. Bencal. Notice of the hearing was sent to abutters and others and
notices of the hearing were properly published in the Salem Evening News i
in accordance with Massachusetts General Laws Chapter 40A.
The Petitioner has requested a variance for the property at 459 Highland Ave.
to operate a business for the purpose of Display, Sale, Installation, and
Service of Miscellaneous Truck Equipment and Accessories and to also conduct
a Welding and Light to Medium Metal Fabricating Shop.
The Variance which has been requested may be granted upon a finding of the
Board that:
A. special conditions and circumstances exist which especially affect
the land, building or structure involved and which are not generally
affecting other. lands, buildings and structures in the same district;
B. literal enforcement of the provisions of the Zoning Ordinance would in-
volve substantial hardship, financial or otherwise, to petitioner; and
C. desirable relief may be granted without substantial detriment to the
public good and without nulliftying or substantially derogating from
the intent of the district or the purpose of the Ordinance.
The Board of Appeal, after hearing the evidence presented at the hearing and
after viewing the plans, makes the following findings of fact:
1. No substantial opposition was raised by neighbors;
The Board of Appeal voted unanimously to grant the relief requested, provided
that:
1. This Variance is granted for a period of one year from date of re-
cording this decision.
2. No display outside of building.
No welding, sandblasting or fabricating of any type outside the building.
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4. A certificate of use and occupancy shOl begobtained.
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DECISION ON THE PETITION OF CHARLES & ALEXANDER HINCMAN FOR
r A VARIANCE FOR 459 HIGHLAND AVE.
page two
VARIANCE GRANTED
CLrit.Q�� O iC `
es B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FIELD WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FRO1.1 THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LAP,S, CHAPFER ZOZ, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
CF THIS DECISIDH IN THE OFFICE OF THE CITY CLERK.
f:i.iSAW TO MASS, GENERAL LAWS. CHAPTER ZOS, SECTION 11. THE VARIANCE OR SPECIAL PEMMIT
GRa:STED HME:N, SHALL NJT TAKE EFFECT UNTIL A COPY OF THE CECI310N, EEAR'A'G THE CERT-
F7Gt.-L]'I CF THE CITY CLERi; THAT 20 DAt'S HAV, ELAF'SEO AND CO APPEAL HAS BEEN FILED,
OR PlE*. IF SUCH AN APPEAL HAS EEEN FILE, THAT IT HAS BEE14 DIS,%ASSED OR DE41ED IS
REWIRD..D IN THE SOJ1H ESSEX REGISTRY CF DEEDS AND INDEXED UNDER THE NM E OF THE 04YN'EF.
• "' OR IS RECORDED AND NOi ED ON THE OLV,SER'S CERTIFICATE OF TITLE. .-
BOARD OF APPEAL
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PattrD of Appettl
September 5, 1984
NOTICE IS HERBY GIVEN THAT AS OF THIS DATE THE DECISION OF THE
BOARD OF APPEAL HAS BEEN FIELD AT THE OFFICE OF THE CITY CLERK
TO GRANT THE PETITION OF CHARLES & ALEXANDER HINCMAN FOR A
VARIANCE AT 459 HIGHLAND AVE - WITH CONDITIONS.
BOARD OF APPEAL
Scott E. Charnas
Secretary
j
APPEAL FROM THIS DECISION. I" Ai ]Y, SHALL BE M6,DE PI. n .r, .
RSJA.ID TO Sc.,L4J 17 OF THE MASS.
GENERAL LAWS, Cl�AP"E, 3i3 JA'E H � _ D":v$ il'TEii ';HE CAFE OF FILING
OF THIS DECISION I ! H r �"� � "y
PURSANT TO AS3 , 1. ! d i;. + n^,r HNIL PER?d IT
GRANTED HEu' :,1LL c is ;PH
NIL
;HE c_RT-
RCATION CF the .,, r ,. i�' ,_ H EZ
EN FILED,
OR THAT, IF i1
,P
!. 'NiED IS
REGGRDED IN TH "; H >i`_ J J.. 1H- NAME OF THE OWNER
OF RECORD OR IS P_i,6�Du Ai l :Ji e N S CERTIFICA E OF TITLE.
BOARD OF APPEAL
Offire u# the Titg Tounril
air Ti;U pall
9
Aep�NM6�Y� WARD COUNCILLORS
GEORGE P. McCABE 7986
COUNCILLORS-AT-LARGE PRESIDENT
1986 GEORGE A. NOWAK
JOSEPHINE R. FUSCO KEVIN R. HARVEY
ROB'BRT E. GAUTHIER CITY CLERK VINCENT J. FURFARO
FRANCES J. GRACE LEONARD F. O'LEARY
NEIL JHARRINGTON JEAN-GUY J. MARTI'NEAU
RICHARD E. SWINIUCH
GEORGE P. MCCABE
JOHN R. NUTTING
February 26, 1986
Mr. James Hacker
Board of Appeal
One Salem Green
Salem, MA 01970
Re: Petition of Charles and Alexander Hincman for an extenion of a
Special Permit granted 8-22-84 to allow premises._ at 459 Highland
Avenue to be used for the display, sale, installation, and service
of miscellaneous truck equipment and accessories and to conduct a
welding and light to medium fabricating shop.
Dear Mr. Hacker:
I am writing to express my support for the granting of the
above—referenced Permit. -
As you are aware, this business has operated on this site for a
substantial period of time and a Special Permit was granted for this use
in August of 1984. The use has had no detrimental effect on the
neighborhood and the occupants have complied with all requirements of
the original Special Permit.
I hope the the Board will look favorably upon this petition. Thank
you for the opportunity to comment upon this petition.
1
Sincerely urs,
OrJ��
Leonard F. O'Leary
Councillor, Ward Four
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