315-317 ESSEX STREET - ZBA (4) � ��
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CITY OF SALEM9 MASSACHUSETTS CI 1 Y OF SALEM, MA
CLERKS OFFICE
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 2005 AUG -2 A 11: 22
MAYOR FAX: 978-740-9846
DECISION ON THE PETITION OF PAXTON SILVA REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 317 ESSEX STREET R-2
A hearing on this petition was held on July 20, 2005 with the following Board Members
present: Nina Cohen, Chairman, Nicholas Helides, Steven Pinto, Ed Moriarty and Bonnie
Belair. 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 allow an existing non-conforming use to be
converted to a Hair Salon for the property located at 317 Essex Street in an R-2 zone.
When reviewing Special Permit requests the Board is 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.
The Board of Appeal, after careful consideration of the evidence presented at the hearing
and after viewing the plans, makes the following findings of fact:
1. The Petitioner, Paxton Silva requests this Board to allow an existing non-
conforming use to be converted into a hair salon.
2. There will be no change to the footprint of the structure,only interior renovations.
3. The Petitioner has satisfied the requirements relative to parking. There are two
spaces required for the size of the business and his lease arrangement provides him with
the required two spaces.
4. Mr. Chris Silva, brother of the Petitioner and Salem business owner spoke in favor
of allowing the Special Permit.
5. Mr. Kearney, 1 Cambridge Street an abutter spoke against the allowance of the
petition primarily due to parking concerns in the neighborhood.
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. 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.
7
DECISION OF THE PETITION OF PAXTON SILVER REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 315-317 ESSEX STREET R-2
page two
2. The Special Permit 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 4-1 with the following Board Members
voting in favor. Nina Cohen, Nicholas Helides, Steven Pinto, and Ed Moriarty. Bonnie
Belair voted in opposition to the Special Permit request.
The Special Permit was granted subject to the following conditions:
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 building permit prior to beginning any construction.
4. A Certificate of Occupancy is to be obtained.
5. All conditions imposed upon this property by the Licensing Board or any other
Board shall be brought into compliance prior to the issuance of the Special Permit.
6. The Special Permit is granted to this applicant is for this business only; any future
use would be subject to another Special Permit.
Special Permit Granted
July 20, 2005 Bonnie Be air
( c
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WrM 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 or the owner of
record or is recorded and noted on the owner's Certificate of Title.
Board of Appeal
July 19,2005
To Whom It May Concern;
I, Stephen Morris,the owner of 315 Essex Street do state that Paxton Silva has made me
aware that he wishes to operate a salon at said location and I approve and support using that
property to operate such a business out of.
Signed,
Stephen Moms