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3 GOODELL STREET - BUILDING INSPECTION � �(4�Q�� S' I1 �P'�-�I � �oflorr,,ao CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL c+ 120 WASHINGTON STREET, 3RD FLOOR SALEM. MASSACHUSETTS 01 970 TELEPHONE: 978-745-9595 IN �z• FAXI 978-740-9846 -P 12. 3 KIMBERLEY DRISCOLL MAYOR March 3, 2008 Decision City of Salem Zoning Board of Appeals Petition of Darren Thompson seeking a Special Permit for a home occupation to operate an internet sales and coffee roasting business at 3 Goodell Street [R-21. A public hearing on the above Petition was held on February 13, 2008 pursuant to Mass General Law Ch. 40A, §§ 1 1 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 of the Salem Zoning Ordinance to allow for a home occupation at 3 Goodell Street. Statements of fact: 1. Darren Thompson has been roasting coffee as a hobby in his two-family home at 3 Goodell Street. 2. He would like to obtain a special permit to operate a coffee roasting and internet sales business. He plans to call the business Witch City Roasters. 3. Customers would purchase coffee through a website and not at the home. 4. The petitioner stated that 90% of the odor is eliminated by a new machine lie purchased. 5. JB Master(7 Goodell Street) and GregoryTurpin (a resident of Peabody) spoke in favor of the petition. They also stated that they have not been disturbed by odors. 6. 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 home occupation meets the criteria set forth in 5-3 (b)(1) and is a use allowed by special permit in An Residential Two Family (R-2) Zoning District. J � 2 2. A special penuit 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 home occupation, a special permit may be granted under the Salem Zoning Ordinance § 5-3 Special Permit Uses. 2. In permitting such change, the Board of Appeals requires certain appropriate conditions and safeguards as noted below. fn 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 requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board 4. No retail sales out of the home shall be allowed. Robin Stein, Chair Salem Zoning Board of Appeals A COPY OF I'FIIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND FFIE CFI Y 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 Pernut 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.