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40 Boston Street ZBA Final Decision 03.03.2008 March 3, 2008 Decision City of Salem Zoning Board of Appeals Petition of Dominic Mondi seeking a Special Permit for a change in nonconforming use to allow for a photocopy and print shop at 40 Boston Street [R-2]. A public hearing on the above Petition was held on February 13, 2008 pursuant to Massachusetts General Law Ch. 40A, §§ 11 with the following Zoning Board members present: Robin Stein, Elizabeth Debski, Richard Dionne, Rebecca Curran, and Bonnie Belair. Petitioner seeks a Special Permit pursuant to section § 5-3(j) of the Salem Zoning Ordinance to allow for a change in the nonconforming use of the property. Statements of fact: 1. Attorney Sally Calhoun presented the petition along with the petitioner Dominic Mondi, for the property a 40 Boston Street (R-2). 2. The current use of the property is professional offices, which is a nonconforming use in the Residential Two Family (R-2) District. This use of professional offices was allowed by the Board of Appeals decision dated May 24, 2007, which granted a special permit for a change in nonconforming use. Prior to this, there have been several other nonconforming uses of the property including a law office and a retail clothing store. 3. The petitioner plans to purchase the property at 40 Boston Street and move the photocopy and print shop which he has operated for twenty (20) years to this location. 4. The petitioner stated that a great deal of his business is done electronically and when costumers come in it is for a short period of time. 5. There was no opposition to the request for a special permit at the public hearing. The Board of Appeal, after careful consideration of the evidence presented at the public hearing, and after thorough review of the plans and petition submitted, makes the following findings: 1. The change in nonconforming use does not have a difference in terms of its quality, character, and effect on the neighborhood. The change is not substantially more detrimental than the existing nonconforming use. 2 2. A special permit may be granted to allow this request without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Salem Zoning Ordinance. On the basis of the above findings of fact and all evidence presented at the public hearing including, but not limited to, the Plans, Documents and testimony, the Zoning Board of Appeals concludes: 1. To allow for the change in nonconforming use, a special permit may be granted under § 5-3 (j) Extension of nonconformity in accordance with the procedures and conditions set forth in sections 8-6 and 9-4 of the Salem Zoning Ordinance. 2. In permitting such change, the Board of Appeals requires certain appropriate conditions and safeguards as noted below. In consideration of the above, the Salem Board of Appeals voted, five (5) in favor (Stein, Debski, Dionne, Belair, and Curran) and none (0) opposed, to grant petitioner’s request for a special permit subject to the following terms, conditions, and safeguards: 1. Petitioner shall comply with all city and state statues, ordinances, codes, and regulations. 2. All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. 6. A certificate of occupancy is to be obtained. 7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 8. No more than five (5) persons shall be employed by the business. Robin Stein, Chair Salem Zoning Board of Appeals 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 Massachusetts General Laws Chapter 40A, and shall be filed within 20 days of filing of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has been filed with the Essex South Registry of Deeds.