8 ESSEX STREET - ZBA 1 �
Legal Notices II
CITY OF SALEM
BOARD OF APPEAL
745.9494 Ext 381
t Will hold a public hearing for all
persons interested in the petition
submitted by KAREN SHEPARD
requesting a Special Permit for a
I Change of Use from a Sub Shop and
j apartment to a Professional Lawyer:
rff Office and a Variance from parldng
requirements Variance for the
property located at 8 Essex Street
i R-1. Said hearing will be held on
Wednesday,August 17,2005 at 6:30
I P.M.,120 Washington Street,3rd floor,
Room 313.
Nina Cohen
Chairman
(8l4,10)
L-r"
CITY OF SALEM9 MASSACHUSETTS C/I Y
0 .
BOARD OF APPEAL CLE f S
RK SGL EM
120 WASHINGTON STREET, 3RD FLOOR oql-MA
SALEM, MASSACHUSETTS 01970 l
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 1005
MAYOR FAX: 978-740-9846 AUG 2� q �� 38
DECISION OF THE PETITION OF KAREN SHEPARD REQUESTING A VARIANCE
AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 8 ESSEX STREET R-1
A hearing on this petition was held on August 17, 2005 with the following Board
Members present: Nina Cohen, Edward Moriarty, Nicholas Halides and Robin Stein.
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 is requesting a Special Permit for a Change of Use from a Sub Shop and
apartment to a Professional Law Office and a Variance from parking for the property
located at 8 Essex Street in an R-1 zone.
The provisions the Salem Zoning Ordinance which is applicable to the 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 Sections 8-6
and 9-4, grant Special Permits. for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extent 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 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.
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 or 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
of the Ordinance
DECISION OF THE PETITION OF KAREN SHEPARD REQUESTING A VARIANCE
AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 8 ESSEX STREET R-1
page two
The Board of Appeal, after careful consideration of the evidence presented, and after
reviewing the plans makes the following findings of fact:
1. The current use of the property is an existing non-conforming sub-shop on the
first floor and residential apartment on the second floor.
2. The Petitioner plans to use the entire building as a law office, a use that is
also nonconforming to current zoning.
3. Due to the nature of the petitioners practice which, requires the petitioner
to frequently travel off-site for appointment, the parking demand does not
appear significant.
4. The petitioner will repair the exterior condition of the building to the benefit of the
neighborhood and has received community support for the change in use.
5. There was no opposition to the proposed plans.
On the basis of the above findings of fact, and on the evidence presented at the
hearings the Zoning Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property but not the
district in general.
2. Literal enforcement of the provisions of the Ordinance would involve substantial
hardship on the petitioner.
3. 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
4. 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, 4 in favor and 0 in opposition to grant the
relief requested, subject to the following conditions;
1. Petitioner shall comply with all city and state statutes, ordinances, codes 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.
DECISION OF THE PETITION OF KAREN SHEPARD REQUESTING A VARIANCE
AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 8 ESSEX STREET R-1
page three
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior finishes of the construction shall be in harmony with the existing structure
6. Petitioner shall obtain a Certificate of Occupancy.
7. Petitioner shall obtain a Certificate of Inspection.
8. All utilities shall be separated.
9.Unless this decision expressly provides otherwise, any zoning relief granted does not
authorize petitioner to demolish or deconstruct any structure (s) on the property to an
extent greater than 50% of the structure as measured by floor area or replacement
cost. If a structure on the property is demolished by any means to an extent of more
than fifty percent of the replacement const or more than fifty percent of its floor area
at the time of destruction, it shall not be reconstructed except in conformity with the
provisions of this Ordinance.
Special Permit & Variance Granted
August 17, 2005
q10 �k�
Robin Stein
Board of Appeal
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 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