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3 HAWTHORNE BOULEVARD - ZBA (3) 3 HAWTHORNE BLVD - - - - n 09 t: L-egal Ni ice , CITY OF SALAM BOARD OF APPEAL h 745-9595 E)rL 361 th; Will hold a public hearing for all M persons interested in the petition sub- N, I mitted by MICHAEL & MARIE F; NARINKIEWI requesting a Special N Permit for a Home Occupation using I left side of the home for Antique&GiR Q Store for property located at 3 tf HAWTHORNE BLVD R-1. Said hear- it ing to be held on WEDNESDAY,JUNE G 15, 2005,6:30 P.M., 120 WASHING- li TON STREET, 3RD FLOOR, ROOM p 313. E Nina Cohen Chairman r � i CITY OF SALEM9 MASSACHUSETTS R BOARD OF APPEAL CITY OF SALEM, MA CLERK'S OFFICE 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 MAYOR FAX: 978-740-9846 2005 JUN 23 A 8: 59 DECISION ON THE PETITION OFMICHAEL & MARIE NARINKIEWICZ REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 3 HAWTHORNE BLVD R-1 A hearing on this petition was held on June 15, 2005 with the following Board Members present: Nina Cohen, Chairman, Bonnie Belair, Nicholas Helides, Steven Pinto and Edward Moriarty. . 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 for a Home Occupation using the left side of the home for Antique & Gift Store for the property located at 3 Hawthorne Blvd located in a R-1 zone. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is section 5-3 (2) (8), 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 Section 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension of expansion, of nonconforming lots, land, structures, and uses, provided however, that such change, extension, enlargement of 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, 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. 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 stuctures 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 purpose of the ordinance. The Board of Appeal, after careful consideration of the evidence presented, and after viewing the plans, makes the following findings of fact DECISION OF THE PETITION OF MICHAEL & MARIA NARINKIEWICZ SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 3 HAWTHORNE BLVE R-1 page two 1. Petitioners indicated that they had spoken with all the neighbors and found no objections. 2. Petitioners stated that there is an Antique Store next door to their property. 3. Petitioners stated that they have owned the property for 2 years. 4. The Petitioners stated that they researched the history of uses and found that their property had been used commercially in the past. 5. Petitioners stated that they have operated an antique store in Salem for the past 20 years. 6. Petitioners stated that their property has two curb cuts. 7. Petitioner stated that there is two car parking on the street in front of their property. 8. Petitioner stated that interior construction to accommodate the commercial use will consist of the construction of a 5 foot interior wall. 9. Petitioner stated that the customer entrance will be from the side of the building. 10. Petitioner stated that the size of the store will be 650-700 square feet. 11. Zoning Board Members referred to Zoning code for guidance and it was determined that the total square footage of the entire building will be the basis for determining the % required by code. 12. Petitioner stated that the signage will be in a side window. 13. In response to a question concerning hours of operation, the petitioner stated that the store will be open Sunday through Thursday from 9:00 a.m. to 5:00 p.m. Friday and Saturday from 9:00 am to 8:00 p.m. 14. The total number of outside employees will be no more than one. 15. Petitioners agree to a limitation of no more than 2 residential living units at any time. 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. Literal enforcement of the provisions of the ordinance would involve substantial hardship on the petitioner. 2. 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. 3. 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. 4. Special conditions exist which especially affect the subject property, but not the district in general. On the basis of the above findings of fact, the Zoning Board of Appeal voted 5 favor and 0 in opposition to grant the Special Permit requested, subject to the following conditions; DECISION OF THE PETITION OF MICHAEL &MARIA NARINKIEWICZ REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 3 HAWTHORNE BLVD B-1 page three I. Petitioner shall comply with all city and state statues,code ordinances 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. Petitioner shall obtain a Certificate of Inspection. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. 6. All construction shall be done as per the plans submitted and approved by the Building Commissioner. 7. Petitioner shall obtain approval from any City Boards or Commission having jurisdiction including,but not limited to the Planning Board. & Special permit will expire after 5 years. 9. Interior design must be submitted to Building Commissioner for approval. 10. Petitioner shall obtain a sign permit. 11. Petitioner shall operate within the dwelling unit,with no display visible from the street. 12. Business shall be operated only by the residents of the dwelling unit, with not more than one regular employee not residing in the dwelling unit. 13.Petitioner shall utilize not more than 25%of the gross floor area of the dwelling unit. 14. Petitioner shall display not more than one non-electric sign of an area not greater than I %:square feet and attached against the building and not protruding.Special Permit Granted Aeild6 June 15, 2005 Nicholas Helides Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal fiom this decision,if any, shall be made pursuant to Section 17,of MGL 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 MOL Chapter 40A,Section 11,the Variance or Special Permit graatod herein shall not take effect until a copy of the decision,bearing the catifificabon of the City Clerk that the 20 days have elapsed and no appeal has bean filed,or that,if such appeal has been filed,that is has bow dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner or record or is recorded and noted on the owner's Certificate of Title.