18 BRIDGE STREET - ZBA (2) - - - - -
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t,C„N>71T4, ,1 CITY OF SALEM, MASSAC HUSETTS
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11ua:978-745-9595 ♦Fxt:978-740-9846
KI NIBRRIXY DRISOO[i
MAYOR
May 1, 2013
Decision
City of Salem Zoning Board of Appeals -
Petition of RICHARD JAGOLTA, requesting a modification of a special pernrit per Sec. 3.3.2 of the
Salem Zoning Ordinance, in order to allow the first floor unit of a two-family building to be split into
a residential and commercial unit at the property located at 18 BRIDGE ST (112 Zoning District).
A public hearing on the above Petition was opened on February 20, 2013 pursuant to Mass General Law Ch.
40A, § 11. The hearing was continued on continued on February 20, 2013 and March 20, 2013, and was
closed on April 17, 2013 with the following Zoning Board of Appeals members present: Annie Harris (Vice
Chair), Richard Dionne, Mike Duffy, Tom Watkins and Jimmy Tsitsinos (Alternate). The Board of Appeals
members absent from the hearing included Rebecca Curran (Chair) and David Eppley(Alternate).
Petitioner seeks a Special Permit pursuant to Section 3.3.2 Naxorrforrr¢ng Usa of the City of Salem Zoning
Ordinances.
Statements of fact:
1. Richard Jagolta presented the petition for the property at 18 Bridge Street (R2 Zoning District].
2. In the petition,January 29,2013,the petitioner requested the modification of a Special Pemrit per Sec.
3.3.2. of the Salem Zoning Ordinance in order to allow the first floor unit of a two-family building to
be split into a residential and commercial unit at the property located at 18 Bridge Street. At the April
17, 2013 regular meeting, the petitioner provided supplementary plans and documentation for
consideration.
3. The petitioner is requesting the modification of the Special Permit so the property may contain two
residential rental units and one commercial rental unit.
4. At the first hearing for this petition one member of the public was in attendance and spoke in
opposition to the petition. Written comments submitted by Mr. Kelly(18 Bridge Street, Salem) and
Mr. Wyman (14 Bridge Street, Salem) supporting the petition were presented at the public hearing.
Ms. Hams read comments of Mr.Kelly and Wyman into the record.
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 desired Special Permit modification may be granted without detriment to the public good and
safety and without nullifying or substantially derogating from the intent or purpose of the City of
Salem Zoning Ordinance.
2. The proposed use would not be more detrimental to the neighborhood than the current use
configuration.
3. In permitting such change, the Board Appeals requires certain appropriate conditions and safeguards
as noted below.
i
Salem Board of Appeals
May 1, 2013
Project: 18 Bridge Street
Page 2 of 2
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. The petitioner's Special Permit modification request to allow the first floor unit of a two-family
building to be split into a residential and commercial unit is granted as conditioned.
In consideration of the above, the Salem Board of Appeals voted to approve the Special Permit modification
request. All the members voted in favor, with a 5-0 vote in favor (Ms. Hams (Vice Chair), Mr. Dionne, Mr.
Watkins, Mr. Duffy and Mr. Tsitsinos (Alternate)) and none opposed. The Board of Appeals voted to grant
petitioner's request for a Special Permit subject to the following terms, conditions, and safeguards:
1. Structure is limited to two residential units and one commercial unit.
2. The use of the commercial unit shall be limited to Business or Professional Offices and/or Service.
3. The commercial unit shall not exceed 550 sq.ft.
4. The Petitioner shall comply with all city and state statutes,ordinances,codes and regulations.
5. All construction shall be done as per the plans and dimensions submitted to and approved by the
Building Commissioner,
6. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly
adhered to.
7. Petitioner shall obtain a building permit prior to beginning any construction.
8. Exterior finishes of the new construction shall be in harmonywith the existing structure.
9. A Certificate of Occupancy is to be obtained.
10. A Certificate of Inspection is to be obtained.
11, Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but
not limited to, the Planning Board.
12. Unless this Decision expressly provides otherwise, any zoning relief granted does not empower or
authorize the Petitioner to demolish or reconstruct the structure(s) located on the subject property to
an extent of more than fifty percent (50%) of its floor area or more than fifty percent (50%) of its
replacement cost at the time of destruction. If the structure is demolished by any means to an extent
of more than fifty percent (50%) of its replacement cost or more than fifty percent (50%) of its floor
area at the time of destruction, it shall not be reconstructed except in conformity with the provisions
of the Ordinance.
Annie Hams,Vice Chair
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILLD WITH ITIL PLANNING BOARD AND THE CITY CLERK
Appad firm des deaswn, tf ang slwll be in de punter¢to Sutton 17 cfdx Afassadmetrs C�xitl Lana 0xZpter 40A, and s/xd1!re fled htn 20
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Thomas Daniel Kelly, MSN, KN
18 gridgejtreet#2 • Salem, MA 01970
April 8, 2013
Ms. Rebecca Curran, Chairperson
Salem Zoning Board of Appeals
93 Washington Street
Salem, MA 01970
Dear Ms. Curran:
I am writing in support of the application by Richard Jagolta for a change in the zoning for 18
Bridge Street, which would allow a portion of the building to be regulated as a commercial
property.
I have been a residential tenant of the same building for over two years and have found the
business "Geeks in Minutes" to be very hospitable and not in the least detrimental.
Please feel free to contact me, if you require any further information.
Be4regs,
Thom as D. Kelly
e-mail:thomkellys I09mail.com
Donald Wyman, III
14 Bridge Street, Salem MA 01970
April 4, 2013
To Whom It May Concern,
My Name is Donald Wyman, III. I live at 14 Bridge Street, Salem, MA. My
House is on the corner of Bridge Street and Hubon Street. My house is the next
property toward the bridge from 18 Bridge Street and my driveway is directly
across from the driveway to 18 Bridge Street.
I have lived at my address continuously during the entire period Geeks in Minutes
has operated its store at 18 Bridge Street. During this time I have found the owners
of the store to be respectful and helpful neighbors. They keep the property clean
and neat and have never caused any trash problems.
The traffic created by the store is minimal as it consists of drop-off and pick-up of
computers. There is no parking on Hubon Street and I have never seen their
customers use that street for parking. There is ample parking in front of their store
for the short time customers come and go.
As a small locally owned business, Geeks in Minutes is an asset to my end of
Bridge Street and I fully support their continued use of the property.
Thank you,
Donald Wyman, III