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40 Boston Street ZBA Final Decision 05.24.2007May 24, 2007 Decision Petition of Corinna Spinale Requesting a Special Permit for the Property at 40 Boston Street City of Salem Zoning Board of Appeals A public hearing on the above petition was opened on April 18, 2007 pursuant to Massachusetts General Laws Ch. 40A, Sec. 11. The following members of the Salem Zoning Board of Appeals (“Zoning Board of Appeals”) were present: Bonnie Belair, Elizabeth Debski, Richard Dionne, Annie Harris and Robin Stein. The petitioner, Corinna Spinale (“petitioner ”), sought a special permit for the real property located at 40 Boston Street, Salem, located within a two-family residential (R-2) zoning district. The Zoning Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the petition submitted, submits the following findings of fact: 1. Petitioner’s property is located within a two-family residence district and the building was previously operated by the prior owner as a non- conforming use (law office). 2. Building Commissioner Thomas St. Pierre stated that the building at 40 Boston Street has a history of non-conforming use, that is, for business/commercial use. 3. The special permit is being sought to enable the petitioner to go from one non-conforming use to another non-conforming use (law office to professional offices) at 40 Boston Street. 4. Meg Twohey of 122 Federal Street spoke on behalf of the Federal Street Neighborhood Association, and raised concerns over a) the number of employees that will be allowed to work out of the professional offices at 40 Boston Street, b) the hours of operation for the professional offices and c) the impact on parking around the general vicinity of 40 Boston Street. 5. Michael Cibroe, a professional acquaintance to the petitioner, spoke in favor of the petition. On the basis of the above findings of fact, including all evidence presented at the public hearing, including, but not limited to the Petition, the Zoning Board of Appeals concludes as follows: 1. The petitioner’s request for a special permit does not constitute substantial detriment to the public good as the petitioner’s property at 40 Boston Street has a history of non-conforming business and commercial uses. 2. The requested relief does not nullify or substantially derogate from the intent or purpose of the zoning ordinance as the use proposed is less intense than the current law firm use. 3. In permitting such change, the Zoning Board of Appeals requires certain appropriate conditions and safeguards as noted below. In consideration of the above, five (5) members (Belair, Debski, Dionne, Harris and Stein) of the Salem Zoning Board of Appeals voted to grant the petitioner’s request for a special permit, and zero (0) members voted to deny the petitioner’s request for a special permit, subject to the following terms, conditions, and safeguards: 1. Petitioner shall comply with all City and State statutes, ordinances, codes and regulations. 2. Any and all construction shall be done per approval of the Builder 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 regarding any construction. 5. A Certificate of Occupancy shall be obtained. 6. If necessary, petitioner shall obtain proper street numbering from the City of Salem Assessor’s Office and shall display said number as to be visible from the street. 7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to the Planning Board. 8. The hours of operation for the professional offices at 40 Boston Street shall be 8 a.m. – 6 p.m., daily, with the exception that appointments shall be allowed outside the hours of operation. 9. At no time may more than five (5) individuals work from the building at 40 Boston Street. ______________________________ Elizabeth Debski Salem Zoning Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH 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 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 that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied and 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.