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198 JEFFERSON AVENUE - BONAIUTO, SALVATORE - ZBA Ocean Ave. Ext. R-3 Rear 118 Jefferson Ave, Y Salvatore Bonaiuto - \ J _ 01D I of *Iem, 'fflttssac4useffs \r w r Jr �DttrD Uf Appml DECISION ON THE PETITION OF SALVATORE BONAIUTO FOR A VARIANCE FOR OCEAN AVE. EXT. a/k/a 198R JEFFERSON AVE. c p p A hearing on this petition was held September 11 , 1985 with SEre?5ol:aZ5 ivo85d Members present: James Hacker, Chairman; Messrs. , Charnas, Strout and Associate' Member Bencal. "Notice of the hearing was sent to abutters W 19thers and notices of the hearing were properly published in the Salem Evening CRIffv IFS WWjjg with Massachusetts General Law Chapter 40A. Petitioner is requesting an extension of a Variance which was granted January 24, 1979 to allow the garage to be used for minor automotive repairs for a period of five years. The property is located in an R-3 District. 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 nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. The Board of Appeal, after careful consideration of evidence presented at the hearing, makes the following findings of fact: 1 . There was no opposition; 2. Several neighbors appeared in favor; 3. The repairs will be done inside the garage and no vehicles will be displayed outside; 4. The property is toos small for a dwelling and access to the property is limited. 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 . Special conditions exist which affect this lot which do not generally affect the district; 2. Literal enforcement of the Ordinance would work a substantial hardship upon petitioner; DECISION ON THE PETITION OF SALVATORE BONAIUTO FOR A VARIANCE FOR OCEAN AVE. EXT. a/k/a 198R JEFFERSON AVE. page two 3. The Variance requested can be granted without substantial detriment to the public good and without substantially derogating from the intent and purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted unanimously 4-0 to grant the petitioner the relief requested provided that: 1 . Variance is for the use of the garage for minor automotive repairs by the petitioner only and does not apply to any other person; 2. The Variance is for a period of five years only and can be renewed only by the petitioner; . 3. There shall be no signs or advertising on the property; 4. Petitioner must keep holding tanks on the premises for all oil and grease and shall formulate a proper method for their disposal as per the Salem Fire Prevention Bureau. VARIANCE GRANTED Aames B. Hacker, Chairman F A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD A.�TD THE CITY CLERK -A?PEAL FROM. THIS DECISION. IF ANY. SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS. CENERAL LAWS. CHAPTER 80S. AFib SHELL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING CF THIS CEC'SirN IN THE OFFICE OF THE CITY CLERK. c e ? S03 SEC"I:.r: 11. THE V R .d CE OR $F- IAL PR,: .T F:::SA':. ?L ;1�.„S. r.L&r'._ 14 %.''c. .�.. �hE CERT• C^A. . H. D R-; S '.LL NOT T .L EFE:T J A C °7 G TH: FICATb_n OF THE CIY CLEF!, T!'n" EC Ch S r - ``-VIE rJ ArU ti �r : F'HA B °'c Fs-ED, CR THAT. IF SDC!i AN APPEAL H,:., BEE'; FILE. THAI IT 6A� 6[E7 D!_ .IS._D :R W n.OF T . P.ECOROED IN THE SOUTH ESSEX•REGiSTRY OF DEEDS AND IN✓Ex.EJ L�' O TIT i�hJ:`c OF THE ON^:ER OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTI FICHTE OF TITLE BOARD, OF APPEAL s N it of �QL`M E � j o r Aaf �a�a9e l �KL ( l-LEA 55,O I y 7 :5 Dory it 22 6 i 5t JEFFER:5oAl 4 vENJE Ls�- s X o ( SOT ?CiS � sT�� oe SLOT PL!-lAl 84YST47E SuIZVEYW6 SEQV/fE 22Z C4B07- 57-.QEE7 !9B ./e{fer5ol-7 Avenue Bc'vE ?LY, trI45S. SIIem , Md55. SCtI LE 1 20 , -1/4^1. 21, 1979 .?e<c BK. 3974� P9. 3B4