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1 ONDITq,R CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
9 - . SALEM, MASSACHUSETTS 01 970
TELEPHONE: 978-745-9595
FAX: 978-740-9846 Z�Q� PiiiR -3 P I2� 3b
KIMBERLEY DRISCOLL
MAYOR
CITY CLE (I`E AL E�,
March 3, 2008
Decision
City of Salem Zoning Board of Appeals
Petition of Darren Thompson seeking a Special Permit for a home
occupation to operate an internet sales and coffee roasting business at 3
Goodell Street [R-2].
A public hearing on the above Petition was held on February 13, 2008 pursuant to Mass
General Law Ch. 40A, §§ 11 with the following Zoning Board members present: Robin
Stein, Elizabeth Debski, Richard Dionne, Rebecca Curran, and Bonnie Belair.
Petitioner seeks a special permit pursuant to section § 5-3 of the Salem Zoning Ordinance
to allow for a home occupation at 3 Goodell Street.
Statements of fact:
1. Darren Thompson has been roasting coffee as a hobby in his two-family home at
3 Goodell Street.
2. He would like to obtain a special permit to operate a coffee roasting and internet
sales business. He plans to call the business Witch City Roasters.
3. Customers would purchase coffee through a website and not at the home.
4. The petitioner stated that 90% of the odor is eliminated by a new machine he
purchased.
5. JB Master(7 Goodell Street) and Gregory Turpin (a resident of Peabody) spoke in
favor of the petition. They also stated that they have not been disturbed by odors.
6. There was no opposition to the request for a special permit at the public hearing.
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 home occupation meets the criteria set forth in 5-3 (b)(1) and is a use allowed
by special permit in an Residential Two Family(R-2) Zoning District.
2
2. A special permit may be granted to allow this request without substantial
detriment to the public good and without nullifying or substantially derogating
from the intent or purpose of the Salem Zoning Ordinance.
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. To allow for the home occupation, a special permit may be granted under the
Salem Zoning Ordinance § 5-3 Special Permit Uses.
2. In permitting such change, the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor(Stein,
Debski, Dionne, Belair, and Curran) and none (0) opposed, to grant petitioner's request
for a special permit subject to the following terms, conditions, and safeguards:
1. Petitioner shall comply with all city and state statues, 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 is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board
4. No retail sales out of the home shall be allowed.
F-6k<6:k�/lt-
Robin Stein, Chair
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.
r'
ZONING BOARD OF APPEAL
PETITION FORM
�anlolT� CITY OF SALEM,MASSACI-iUSETTS
�v��,. �Qi• ZONING BOARD OF APPEAL ;
120 WASHINGTON STEET,3RD FLOOR
SALEM,MASSACHUSETTS 01970u Alk
k9 Amy Lash,Staff Planner Thomas St,Pierre,Building Inspector '{
t.978-619-5685/f.978-740-0404 t.978-619-5641/f.978-740.9846 T'i
TO THE BOARD OF APPEAL:
The Undersigned represent that he/she is/are the owners of a certain parcel of land
located at:
Address: 3 S ? Zoning District: K 9
An application is being submitted to the Board of Appeal for the following reason(s): This statement must
describe what you propose to build, the dimensions, the zone property is in, and the zoning requirements. Example.
I am proposing to construct a IO'x IWane story addition to my home located 3 Salem Lane, in the R-2 Zoning
District. The Zoning Ordinance requires the minimum depth or the rear yard to be 30 feet. The current depth ofmy
rear yard is 32 feet; the proposed addition would reduce the depth of the rear yard to 21 feet.
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For this reason I am requesting:
O Variance(s) from provisions of Section of the Zoning Ordinance, specifically from
(i.e. minimum lot urea).
What is allowed is (ft? sq ft?stories9 V), and what I
am proposing is 0?sq ft?stories? %?).
( )A Special Permit under Section ,Sr 'S of the Zoning Ordinance in order to a $.w,) /hfLe
( )Appeal of the Decision of the Building Inspector(described below):
The Current Use of the Property Is: Are the lot dimensions included on the plan?
(example: Two Family Home) -" ( ) Yes (0 No n/a because Ak 216E
The Undersigned hereby petitions the Board of Appeal to vary the terms of the Salem Zoning Ordinance and allow
the project to be constructed as per the plans submitted,as the enforcement of said Zoning By-Laws would involve
practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially
derogating from the intent and purpose of the Zoning Ordinance.
ZONING BOARD OF APPEAL
PETITION FORM
The following written statement has been submitted with this application:
O For all Variance requests a written S ment of Hardship demonstrating the following must be attached:
a) Special conditions and tances that especially affect the land,building or structure involved and
which are not ge y affecting other lands,buildings and structure in the same district;
b) Literal enfor ent of the provisions of the Ordinance would involved substantial hardship to the
5stantially
ic ,and
c) le relief may be granted without substantial detriment to the public good,and without nullifying or
derogating from the intent of the district or the purpose of the ordinance.
( ) For all Special Permit requests a Statement of Grounds must be attached. An application for a special permit for
a nonconforming use or structure shall include a statement demonstrating how the proposed change shall not be
substantially more detrimental than the existing nonconforming use to the neighborhood in accordance with Art.V,
§ 5-3. Such a statement should include reference to the following criteria:
a) Social, economic or community needs served by the proposal,
b) Traffic flow and safety, including parking and loading,
c) Adequacy of utilities and other public services
d) Impacts on the natural environment, including drainage,
e) Neighborhood character,and
f) Potential fiscal impact,including impact on City tax base and employment.
Previous applications to the Board of Appeals involving this property have been submitted with this petition
form. The Building Commissioner can provide documentation ofprevious applications to the petitioner or his
representative.
If different than petitioner: -
Petitioner (dlrn✓ Pit/ Property Owner: _Lr ,Jl6.v� ri50��S+1+� — -
Address: 57 SSG Address:_ JW Lrl G
or
elep :�l�h' �iS-y 37 3 Telephone: �� �
T
hon n:
gna Signature(Attached consent letter is also acceptably
1a a2/
Date Date
If different than petitioner:
A TRUE Representative:
ATTEST
Address:
Telephone:
Signature
Date
n DATE SUBMITTED TO
CZ• tr BOARD OF APPEALS:
CITY CLERK
This original application must be filed with the City Clerk.
Zonine Board Proiect Status Sheet
Project Address:
Applicant:
Date of Application:
Date Opened at Meeting:
Date of Continued Meetings:
Extension Form Signed? ❑ Yes, date: ❑No / n/a
Legal Notice Sent: Publication Dates:
Abutters List Requested:
Abutters Notice Sent:
Notice of Decision Sent:
Decision Filed: Appeal Period Over: