40 BOSTON STREET - ZBA (2) 40 BOSTON STREET
PAOL ROBINSON
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Nina Cohen,Chaerman
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JUN 19 10 10 Sh '98
(9Ifg of ,5'fllrm, fflass Ir414!6df*LEM. MASS
CLLRK'S OFFICE
DECISION OF THE PETITION OF PAUL ROBINSON REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 40 BOSTON STREET R-2
A hearing on this petition was held June 17, 1998 with the following Board
- members present: Nina Cohen, Paul Valaskagis, Michael Ward, Ronald Harrison
and Richard Dionne. 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 Variances for a Change of Use from a paint and wall
paper store to a retail computer and electronics store which will provide
sales and services of a number of electronic devices.
The Variance which has been requested may be granted upon a finding of this
Board that:
1. Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land, buildings, or structures in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financi*l or otherwise, to the petitioner.
3 . Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1 . The petition represented himself.
2. Petitioner will sell and services a variety of electronic goods,
primarily computers, facsimile machines, printers, and other
communication devices.
3. Petitioner will employ from three to five employees.
4 . Petitioner will make no structural changes to the building.
5. There was no opposition to the request for variance.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property
and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
3. Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
DECISION OF THE PETITION OF PAUL ROBINSON REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 40 BOSTON STREET R-2
page two
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant
the variance requested, subject to the following conditions:
1 . Petitioner shall comply with all city and state statures, ordinances,
codes and regulations.
2 . All construction shall be done as per the plans and dimensions
submitted.
3 . All requirements of the Salem Fire Department relative to smoke and
safety shall be strictly adhered to.
4. A Certificate of Occupancy is to be obtained.
5 . Petitioner shall obtain a building permit prior to beginning any
construction.
6 . A Certificate of Inspection is to be obtained.
Variance Granted
June 17 , 1998
Ronald Harrison, Member
Board of Appeal
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 after the date 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 certification 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 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.
Board of Appeal