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40 Boston Street ZBA Final Decision 05.07.2002 scow CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR r' •�t f , MA 7 q1 I/�o SALEM, MA O]970 � t11 S O1=Ff tr TEL. (978) 745-9595 FAx (978) 740-9846 STANLEY J. USOVICZ, JR. O� MAYOR i"'y DECISION ON THE PETITION OF DANIEL BOYCE REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 40 BOSTON STREET R2 A hearing on this petition was held on April 24,2002 with the following Board Members present: Nina Cohen, Richard Dionne, Stephen Harris, Nicholas Helides and Joan Boudreau. 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 requests a Special Permit to alter a lawful non-conforming use from the retail sale of clothing to a small law practice for the property located at 40 Boston Street located in a R-2 zone. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is section 5-3 (2) (8), 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 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension of expansion, of nonconforming lots, land, structures, and uses, provided however, that such change, extension, enlargement of 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. A. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or stuctures in the same district. B. Literal enforcement of the provisions of the Zoning Ordinance would involve Substantial hardship, financial or otherwise, to the petitioner. 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 the evidence presented, and after viewing the plans, makes the following findings of fact: iSlt `"E DECISION ON THE PETITION OF DANIEL BOYCE REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 40 BOSTON STREET R-2 page two ctJ� ";^Y to: Oq . 1. Petitioner Daniel S. Boyce, Esq. seeks a special permit to open a small law practice in a building which previously housed a variety of nonconforming uses, most recently a used clothing store. 2. Two neighbors, Stanley Schwartz and Martin Yim, spoke in support of the Proposed special permit on the grounds that they felt the proposed law practice Would fit in the neighborhood. They also confirmed that the Federal Street Neighborhood Association had given its support to the petitioner's proposal. 3. There was no opposition to the plans. 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. Literal enforcement of the provisions of the ordinance would involve substantial hardship on the petitioner. 2. The relief requested can 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. 3. The Special Permit granted can be granted in harmony with the neighborhood.and will promote the public health, safety, convenience and welfare of the City's inhabitants. Therefore, the Zoning Board of Appeal voted 5-0, to grant the relief requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statues, codes ordinances and regulations. 2. All construction shall be done as per the plans and dimensions submitted and approved by the Building Inspector. 3. Ali 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. Special Permit Granted Nina Cohen r(-(, April 24, 2002 Board of Appeal J CITY CF SALEM, MA rU",Rf'S OFFICE A 10: 0 DECISION OF THE PETITION OF DANIEL BOYCE REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 40 BOSTON STREET R-2 page three 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 MGL Chapter 40A, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to MGL Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision, bearing the certification of the City Clerk that the 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that is has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title.