471 HIGHLAND AVENUE - MALONE, LUCILLE - ZBA (2) 471 Highland Ave . B-2
Lucille 'Malone
Malone . Fence Co .
d
Chi of �ulem, �assachuseifs�
/s Board of Auprai
DECISION ON THE PETITION OF LUCILLE MALONE FOR A SPECIAL PERMIT
AT 471 HIGHLAND AVE. (B-2)
A hearing on this petition was held October 17, 1990 with the following Board
Members present: Richard Bencal , Chairman; Joseph Correnti , Secretary; Richard
Febonio, Mary Jane Stirgwolt and Associate Member Arthur LaBrecque. 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, owner of the property, is requesting a Special Permit to allow a
Bottle Redemption and Discount Beverage Center in this B-2 district.
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
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 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 . Significant opposition was presented by abutters, neighbors and others.
2. Support was voiced by abutters and others.
3. There have been many traffic problems in the general locus in the past.
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 allowing of a bottle redemtion and discount beverage center would be a
detriment to the City inhabitants and would not promote the welfare and
safety of its inhabitants.
Therefore, the Zoning Board of Appeal voted 2-3 against the motion to grant, (Mr.
Febonio, Mr. Labreque & Ms. Stirgwolt voted in opposition, Mr. Bencal and Mr.
Correnti voted in favor) Having failed to garner the required four affirmative
voted needed to grant , the Special Permit is denied.
DENIED
-R- chard A. Bencal , Chairman
DECISION ON THE PETITION OF LUCILLE MALONE FOR A SPECIAL PERMIT
AT 471 HIGHLAND AVE. , SALEM
page two
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
ADpcal from this dzcislon, if any, shall be made pursuant to Socticc 1' of
inc F,tav-. Genera! Laws, C::;ptor303, and shall be filed vvlthin 20 days
a`aer t'ie da e of fiti.,., o; this dcci=ion in the otlice or t1ic City C:,.rk.
P;,._..::nt to 1'.1 37- Gar_.., Lams, Ch&P=^ ,; 3, Sr':an 11, lire V_viance
c:' . .._ Fcrmit oris.:_". herein shall net ta;ce erect c:til a ropy of the
d;ci icn. Lc::i--1 Yi_ cs.tif;cation of the City Clerk that 20 days have
_sd nnc nc eppc:l has bcon filed, or that, if such appeal has been
fi:;d, [nat i! i...s teen di;.missed or donied is recorded in the South Essex
Registry of Deeds and indexed under the name or the owner of record or,
Is recorded and noted an the owner's Certificate of Title.
BOARD OF APPEAU
(fttp of sbaten .01a.4mcbme w
Police Mepartment Aeabquarter5
comms
.Chief of Police
Robert M. St.Pierre
October 17, 1990
City of Salem
Board of Appeals
One Salem Green
Salem, MA 01970
RE: Malone Fence Co.
471 Highland Avenue
Salem, MA
Gentlemen:
This department has reviewed the plans for the proposed Bottle
Redemption Center located on the site of Malone Fence Company.
The design presents no obvious safety hazards for traffic flow.
When compared to the existing conditions, the design appears to be
an improvement beneficial to the neighborhood. The proposed design
will provide adequate on-site parking, which will eliminate the
congestion and illegal parking on Wyman Avenue.
We will continue to monitor the parking situation in the area and
take appropriate enforcement action when necessary.
Salem Police Department
B
TiKaffic ITivision
'itp of Salem, JITia!6gaCl U!5ettg
Police Mepartment A�eaaquarter5
Chief of Police
Robert M. St.Pierre
October 17, 1990
City of Salem
Board of Appeals
One Salem Green
Salem, MA 01970
RE: Malone Fence Co.
471 Highland Avenue
Salem, MA
Gentlemen:
This department has reviewed the plans for the proposed Bottle
Redemption Center located on the site of Malone Fence Company.
The design presents no obvious safety hazards for traffic flow.
When compared to the existing conditions, the design appears to be
an improvement beneficial to the neighborhood. The proposed design
will provide adequate on-site parking, which will eliminate the
congestion and illegal parking on Wyman Avenue.
We will continue to monitor the parking situation in the area and
take appropriate enforcement action when necessary.
Salem Police Department
qT ffic ivision