18 BRIDGE STREET - ZBA I��
ON.11.44 CITY OF SAL.EM9 MASSACHUSETTS
BOARD OF APPEAL
- 120 WASHINGTON STREET, 3RD FLOOR
a0 SALEM, MASSACHUSETTS 01970
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TELEPHONE. 978-745-9595 n
FAX 978-740-9846 � o
KIMBERLEY DRISCOLL r o
MAYOR G
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November 30, 2009
Decision c.
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City of Salem Zoning Board of Appeals
Petition of RICHARD JAGOLTA(MARIGOT BAY REALTY), seeking a
Professional Office Special Permit to use the first floor unit of a 2-unit building as
both a residence and a home-based computer repair business on the property
located at 18 BRIDGE STREET, Salem,MA(Residential Two-Family Zoning
District).
Petitioner seeks a Special Permit pursuant to the Salem Zoning Ordinance, §33.2,
Nonconforming Uses.
Statements of fact:
1. The owner of the property,Richard Jagolta, represented himself at the hearing.
2. In a petition dated October 29, 2009, the applicant requested a Special Permit to use
the first floor unit for a residential use with a home business.
3. A public hearing on the above mentioned Petition was opened on November 18,
2009,pursuant to Mass General Law Ch. 40A, §C 11. The pubic hearing was closed
on November 18, 2009, with the following Zoning Board of Appeals members
present: Richard Dionne (chairing the meeting), Becky Curran,Annie Harris,Beth
Debski, and JimmyTsitsinos (alternate).
4. There was no public opposition at the meeting.
5. At its meeting on November 18, 2009, the Board of Appeals voted five (5) in favor
and none (0) opposed to grant a Special Permit pursuant to $33.2, Nonconforming
Uses.
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. Desirable relief may be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent or purpose of
the zoning ordinance.
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2. The proposed use would not be more detrimental to the neighborhood than the
current use.
3. In permitting such change,the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
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. A Special Permit is granted to allow the change from a nonconforming use
(commercial) to a residence with a home-based business.
In consideration of the above,the Salem Board of Appeals voted, five (5) in favor(Hams,
Curran, Debski, Tsitsinos and Dionne) and none (0) opposed,to grant petitioner's requests
for a Special Permit subject to the following terms, conditions, and safeguards:
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1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
3. Petitioner shall obtain a building permit prior to beginning any construction.
4. A Certificate of Occupancy is to be obtained.
Richard Dionne
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.