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40 BOSTON STREET - ZBA (5) Ho ges+o�.st. o �0 ONN,{DD�IT�.� CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01 970 TELEPHONE: 978-745-9595 DDS FAX: 978-740-9846 KIMBERLEY DRISCOLL MAYOR Z009 PIAT -3 12, jb ILE if March 3, 2008 CITY UERsl4, SALE-!. 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 § 5-30) 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 terns of its quality, character, and effect on the neighborhood. The change is not substantially more detrimental than the existing nonconforming use. M1 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 0)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. , - k, May 24, 2007 (' Decision ` . s Petition of Corinna Spinale Requesting a Special Permit o - for the Property at 40 Boston Street D �n City of Salem Zoning Board of Appeals m-1 C) D 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. 1 � cvLti 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. ooNwr CITY OF SALEM9 MASSACHUSETTS BOARD OF APPEAL ;Uf 2 120 WASHINGTON STREET, 3RD FLOOR fl- ���� � •; �A - 1\ . # SALEM, MA 01970 S O FI&E TEL. (978) 745-9595 '�cryMg ° FAX (978) 740-9846 STANLEYMAYOR J. VICZ, JR. FI„Y ^ `n• O - rY 8 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: Ji LERi� s�LFIM. MA OFfiE DECISION ON THE PETITION OF DANIEL BOYCE REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 40 BOSTON STREET R-2 page two 400 h;.-",Y -� A 10: 09 . 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. 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. Special Permit Granted Nina Cohen ar r,-\ April 24, 2002 Board of Appeal CICLtOFSALEM. MA S OFF OE if01 NAY A jO: OR 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. (Tito of �$ttleni, sttc4 u�P# sect M 3 n i1 9 N501 22 DECISION ON THE PETITION OF PATRICK & MICHELLE CHASSE REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 40 BOSTON STREET R-2 A hearing on this petition was held November 17, 1999 with the following Board Members present: Nina Cohen, Chairman, Ronald Harrison, Stephen Buczko, Stephen Harris, 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 Special Permit to alter a lawful nonconforming use from retail sale of paint and wallpaper to the retail sale of new, used, and consigned clothing, accessories, furnishing, juvenile items and toys for the property located atA0 Boston Street R-2. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is section 5-3 0), 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 or 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 ,:;elfare 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: rr r r' dFFICE DECISION ON THE PETITION OF PATRICK & MICHELL CHASSE REQUESTIN 7�5 '' 22 A I! SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 40 BOSTON STREET page two 1. The petitioners, Patrick & Michelle Chasse, were represented by Attorney Daoiel J. Casey, of 27 Congress Street, Salem, Ma. _2. The petitioner req�s a Special Permit to alter a lawful nonconforming use from retail sale of paintTd wallpaper to the retail sale of new, used, and consigned clothing, accessories, furnishings,juvenile items and toys, for the property located at 40 Boston Street. 3. The subject property is owned by Philip H. Berube. Patrick and Michelle Chasse plan on purchasing the property from Mr. Berube. 4. Patrick and Michelle Chasse currently operate a similar business at 94 Boston Street, Salem. 5. Meg Twohey provided conditional support on behalf of herself and the Federal Street Neighborhood Association. Ms. Twohey requested that the business operation be limited to six days per week exclusive of Sundays, with operating hours of 8:00 a.m. to 5:00 p.m. or 9:00 a.m. to 6:00 p.m. with two evenings per week to 8:00 p.m. Mr. Twohey also requested that there be no outside storage of merchandise, that product for sale be primarily used and consigned goods with less than 50% new goods, and that no additional signage be placed on the Federal Street side of the building. 6. Councillor Regina Flynn submitted a letter in support of the special permit. 7. Mr. Brian Connelly of 188 Federal Street indicated that he was in support of the requested special permit provided that the conditions requested by Ms. Twohey were met. 8. No opposition to the requested Special Permit was presented. 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. M UNCE DECISION OF THE PETITION OF PATRICK AND MICHELLE CHASSE REOUSTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 40 BOSTON STREET R-2 M11 clu': 22 A II: 30 page three 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 unanimously, 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 per the plans and dimensions submitted and approved by the Zoning Enforcement Officer. 3. All requirements of the Salem Fire Department relative,to smoke and fire safety shall be strictly adhered to. 4. A Certificate of Inspection shall be obtained. 5. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 6. The business operation shall be limited to six days per week exclusive of Sundays, with operating hours of 8:00 a.m. to 5:00 p.m. or 9:00 a.m. to 6:00 p.m. With two evenings per week to 8:00 p.m. 7. There shall be no outside storage of merchandise. 8. Product for sale shall be primarily used and consigned goods with less than 50% new goods. 9. No additional signage shall be placed on the Federal Street side of building. Special Permit Granted November 17,1999 b, CS�n� Stephen Buczko, Member J Board of Appeal t „ MAI Iggq ,.j� 27 '�' U . 30 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.appeaLhjj9heen filed, that is has been dismissed or denied is recorded in-the ' Tj * ssex Registry of Deeds and indexed under the name of the owner of-reLord or is.Ger d apd.PDted on the owner's Certificate of Title. Joe 19 1010 Ah '58 of ttlPm, ttssttt $�##�F�LE.M. MASS CLERKS Of LICE e �ciarb of a real 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, financial 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. o . A Certificate of Inspection is to be obtained. 'variance Granted June 17, 1993 / \ 1111 / \C''Y'�l'� / Ronald Harrison, Member Board of Appeal =. COP vF 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 Zoning Board Proiect Status Sheet Project Address: Applicant: Date of Application: Date Opened at Meeting: Date of Continued Meetings: Extension Form Signed? ❑ Yes, date: ❑No / n/a Legal Notice Sent: Publication Dates: Abutters List Requested: Abutters Notice Sent: Notice of Decision Sent: Decision Filed: Appeal Period Over: