271 JEFFERSON AVENUE - FONTAINE, LAURENT E - ZBA 271 Jefferson Avenue
Laurent E. Fontaine
Fes.,
s
5 i5 s-v... ♦ i
DECISION ON TIF PETITION OF JS -IES ARMSTRONG d/b/a ARMSTRONG ANIMALS.
REQUESTING A VARIANCE FOR 271 JEFFERSON AVENUE
A hearing on this Petition was held on September 1, 1982 with the
following Board Members present: Douglas Hopper, Chairman,
Messrs. Hacker, LaBrecque, Feeherry and Associate Member Luzinski.
`Notices Of the hearing were seat to abutters and others and a
notice of the hearing was published in the Salem Evening News in
accordance with Massachusetts General Laws Chapter 40A.
The Petitioner has requested a variance for the property at 271
Jefferson Avenue to allow him to use the property as a pet shop.
A variance is required because the building is in an B-1 district where
the proposed is apparently not permitted without a variance.
The Board of Appeal, after consideration of the evidence presented
at the public hearing and after viewing the property makes the following
findings of fact:
1) The property in question is in an B-1 zoning district which allows
retail stores generally. However, no specific mention is made of pet stores.
• 2)- Petitioner's business will cause. fewer parking and traffic problems
in the area than would numerous other retail operations that
would be permitted as a matter of right.
On the basis of the above findings of fact, and the evidence presented
at the public tearing, the Board of Appeal concludes as follows:
1) Th- property in question is unique because of its past use as a
market and because of it-.v location within what is otherwise a
residential area.
2) The conditions described above especially affect the structure
in question but do not generally affect the zoning district in
which the building is located
3) The conditions described above which affect the land in question,
but not the zoning district generally cause a special hardship to the
Petitioner.
4) The desired variance may be granted without substantial detriment
to the public good by virtue of the restrictions placed on the
variance.
PETITION OF JAMES ARMSTRONG d/b/a ARMSTRONG ANIMAL �
REQUESTING A VARIANCE FOR 271 JEFFERSON AVENUE
Page 2
September 1, 1982
Therefore, the Board of Zoning Appeal unanimously voted in favor of
granting the requested relief. The Board grants a variance to the
Petitioner on the following terms and conditions:
1) Petitioner may operate a pet store on the first floor of the
premises. hours of operation will be 10 a.m, to 8 p.m. Monday—
Saturday, 'l p.m. to 6 p.m. Sunday. -
2) There will be no boarding of animals at the site (other
than the animals for sale) .
3) There will be no exterior runs or exterior cages at the site.
4) No refuse from the shop will be stored outside.
5) The area in the store to be used for the sale of canines will be
soundproofed to the satisfaction of the building inspector.
6) A Certificate of Occupancy shall be obtained prior to commencing
operation.
7) I;: the Petitioner ceases to reside at the property, this variance
shall terminate.
e
T7 r 1r Cr n FJ,`r nS. -
c
bony M Fl�aherry, "Secret`ar�
r
AY OP THIS DECISION AND PLANS HAVE BEEN FILED WITH THE PLANNTNG BOARD AND CITY CLERK