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40 BOSTON STREET - ZBA 40 BOSTON STREET - - - - - - PATRICK h MICHELLE CHASSE - I i Legal Notie e { CITY OF SALEM - BOARD OF APPEAL 7459595 Ext.381 Will hold a public hearing for all - persons interested in the petition sub- t mitted by Patrick and Michelle Chasse requesting a Special Permit to alter a lawful non-conforming use _ from retail sales of paint and-wall- paper to retail sale of new,used and consigned clothing accessories,fur- nishing,juvenile items and toys for the property located at 40 Boston Street, 114. Said hearing to be held Wednesday, November 17, 1999 at 6:30 p.m., One Salem Green, 2nd Floor. _ Tits of ttlem, Httssttr sP# sEct 3 Y �onrb of tAupral 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 at 40 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 Q), 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 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: -nttl` 1.1 �. ✓•1 r�C� ygNOW22 SII DECISION ON THE PETITION OF PATRICK & MICHELL CHASSE REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 40 BOSTON STREET page two 1. The petitioners, Patrick & Michelle Chasse, were represented by Attorney Daniel J. Casey, of 27 Congress Street, Salem, Ma. 2. The 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, 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 - - pla➢ 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. ,J �ICE DECISION OF THE PETITION OF PATRICK AND MICHELLE CHASSE REQUSTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 40 BOSTON STREET R-2 I99riu`1 ZZ 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 — , /, Stephen Buczko, Member Board of Appeal r jCO 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 sucf app0a�jj9hezn filed, that is has been dismissed or denied is recorded i-ri-the 9, o6t ivtssez Registry of Deeds and indexed under the name of the owner of record or is.cep d.and gpted on the owner's Certificate of Title.