469 HIGHLAND AVENUE - FIORE, NICHOLAS - ZBA 449 Highland Ave. B-2
Nicholas Fiore
�G
CT
G�
V l
AMENDED/CORRECTED DECISION FILED AUGUST 30, 1984
of -'551rm, C�tzssttcl�use##$
72 oarof eal
;: r ? b c� •84
DECISION ON THE PETITION OF CHARLES & ALEXANDER HINCMAN FOR A CIIY r •: -".F
SPECIAL PERMIT 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
in accordance with Massachusetts General Laws Chapter 40A.
I'
i
The Petitioner has requested a special permit 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.
I
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 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 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. The Special Permit is granted for a period of one year from date of re-
cording this decision.
AMENDED/CORRECTED DECISION FIELD AUGUST 30, 1984
r .
,DECISION ON THE PETITION OF CHARLES & ALEXANDER HINCMAN FOR A
✓ S?ECIAL PERMIT FOR 459 HIGHLAND AVE.
page two '84 SEP —7 P
2. No display outside of building. --,
CIT)' :-
3. No welding,sandblasting or fabricating of any type outside the'buildirg.
4. A certificate of use and occupancy shall be obtained.
SPECIAL PERMIT UNANIMOUSLY GRANTED
�j /
es B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FIELD PITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FROM THIS DECISION. Ir- ANY. SHALL BE MADE PURSUANT TO SECTION 17 CF THE MASS.
GENERAL LAWS, CHAPTER 808, AND SPALL BE FIL:D W!-HiN 20 DAYS ATTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSANT TO MASS. GENERAL LAWS. CHAFTER 8D8, S_ECTI^_N 11, THE VARIANCE OR. PE:IAI. FFR",III
GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE IECISID-L BEA ::ii: ill- CERi-
FICATION OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN, FILED,
OR THAT. IF SUCH AN APPEAL HAS BEEN FILE, THAT IT HAS BEE: DIS).ASSED CR CE;iIED IS
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NA.'SE OF THE OWN':-
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL