40 BOSTON STREET - ZBA (6) 40 Boston St. R-2
Philip Berube (petitioner) `
\ Peter Wouralis (owner)
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DECISION ON THE PETITION OF PHILIP H. BERUBE (PETITIONER) ,
PETER WOURALIS (OWNER) FOR VARIANCES AT 40 BOSTON ST. (R-2)
A hearing on this petition was held March 15, 1989 with the following Board
Members present: James M. Fleming, Chairman; Messrs. , Bencal, Luzinski, Strout
and Nutting. 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.
The petitioner is requesting variances from use and parking to allow the property
to used as a retail paint, wallpaper, decorating accessories and window treatment.
The property is located in an R-2 district and is owned by Peter Wouralis, the
petitioner is under a Purchase and Sale Agreement and was represented by Attorney
Anthony J . Turco.
The Variances which have been requested may be granted upon a finding of the
Board that:
a. special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other lands, buildings and structures 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:
1 . Business and residential neighbors were in favor of the proposal;
2. The business generally serves 15 to 30 minute customers which will
not have a serious impact of the neighborhood and the parking situation;
3. The building is a commercial building in structure and it would not be
feasible to use it for residential use.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property
but not the district generally;
2. Literal enforcement of the Ordinance would work a substantial hardship
on the petitioner;
3. The Variances requested can be granted without substantial detriment and
without nullifying or substantially derogating from the intent of the
district or the purpose of the Ordinance.
DECISION ON THE PETITION OF PHILIP H. BERUBE (PETITIONER) , PETER WOURALIS
(OWNER) FOR VARIANCES AT 40 BOSTON STREET, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variances requested, subject to the following conditions:
1 . All requirements of the Salem Fire Dept. relative to smoke and
fire safety are strictly adhered.
2. The use shall be for retail paint supply, wallpaper, decorating accessories
and window treatment.
3. The hours of operation shall be 7:30 a.m. to 5:00 p.m. , Monday - Saturday.
4. Petitioner obtain limited parking on Boston Street;
5• Signage be approved by the Planning Dept. and in accordance with the
sign ordinance.
6. A Certificate of Occupancy be obtained.
7• All Construction be done as per the plans submitted.
GRANTED
Peter Strout, Member, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FRO ( THI°. D_CISIOi'1, h ANY. SHALL BE iAADE PORSUANT TO SECTlCn 17 f Fi c1di -
GENERAL LikS CHAP(ER 23. AND SHAAL Bc F:1 ED WI.-HIN 20 DAYS AFTER -iHE
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BOARD OF APPEAL
( RV of ,Salem, fflttssarhusetts
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3/ 15/89
Mr . James Fleming
Chairman , Board of Appeals
City of Salem
Dear Mr . Fleming ,
This office has recently been approached by Mr .Phillip
Berube concerning his desire to locate his business at the
' corner of Federal Street at Boston Street . It was stated to
me that there is presently a situation existing on Boston Street
concerning the present "no parking"area as supported by
City ordinance . To try and give the Board a little background
as to why this area has prohibited parking and the reason it
is no longer necessary is the purpose of this letter .
From the best information I can gather , when the Sylvania
pharmacy was operating in the building Mr . Berube wishes to
open his business in , Sylvania officials contacted the City
and an ordinance followed because they did not want their
employees parking out on the street but rather to use their
employee lot . Since they had control of all of the property from
Federal to Bridge Street no one else supposedly would be affected
by the prohibition . The signs have stayed for years even after
the property on the corner of Federal and Boston has been vacant
and has changed owners three times .
I have viewed the area in front of the building on the
Boston Street side and have no problem with rewriting the ordinance
to allow for 2-3 parking spaces on the street to be marked as
15 minute parking to encourage constant turnover at the business
and discourage any all day parking .
I have spoken to Councillor Harvey at length concerning
the necessary change in the ordinance and he supports the plan
and will enter the ordinance changes to the Council . The Councillor
and I are both available for further comment if the board deems
it necessary . I would hope the Board would approve the requested
plans for the building .
Respectfu ly Submtte ,
Sg . Charles E . Reha1 Jr .
Commander , Traffic Divisi