14 HUBON STREET - ZBA 03/15/2010 ICI
�ONU1Tq,q CITY OF SALEM9 MASSACHUSETTS
BOARD OF APPEAL
'R� 120 WASHINGTON STREET, 3RD FLOOR
q SALEM, MASSACHUSETTS 01 970
TELEPHONE: 978-745-9595
NEoo� FAX. 978-740-9846 KIMBERLEY DRISCOLL 2010 1-!AR I b A 10: 51
MAYOR
F fLE
March 15, 2010 CITY ['LEfi;,
Decision
Petition of Luke Fabbri seeking a Special Permit to change one
nonconforming use (aluminum foundry) to another nonconforming use
(office and light manufacturing) on the property located at 14 Hubon
Street (R-2)
A public hearing on the above petition was opened on March 15, 2010 pursuant to Mass
General Law Ch. 40A, Sec. 11, the following Zoning Board members being present:
Annie Harris, Elizabeth Debski, Bonnie Belair and Jimmy Tsitsinos.
Petitioner seeks a Special Permit under Section 33.2: Nonconforming Uses, of the Salem
Zoning Ordinance.
The Board of Appeals, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the Petition submitted, makes the following
findings of fact:
1. Luke Fabbri, the owner and petitioner, represented himself at the hearing.
2. At the hearing, Mr. Fabbri stated that his petition lists the owner of the property as
Brian Tamilio, but that since the application was filed, he has acquired the
property.
3. In a petition date-stamped December 31, 2009, the petitioner requested to change
the property's current nonconforming use, an aluminum foundry, to another
nonconforming use, an office and light manufacturing use.
4. At the hearing, Mr. Fabbri explained that his company manufactures
environmental sampling devices and makes equipment repairs, but that the larger
portion of the business was consulting. He stated that no external work is
proposed, though he may do some internal repairs.
5. At the hearing, no members of the public commented on the petition.
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:
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1. The proposed new use is not more detrimental to the neighborhood than the
current use.
2. The petitioner may vary the terms of the Residential Two-Family Zoning
District to change the use as proposed, which is consistent with the intent and
purpose of the City of Salem Zoning Ordinance.
3. 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, four (4) in favor
(Belair, Harris, Tsitsinos and Debski), none (0) opposed, to grant the petitioner's request
for a Special Permit, subject to the following terms, conditions, and safeguards:
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 to and
approved by the Building Commissioner.
3. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. A Certificate of Occupancy is to be obtained.
�,�tk A .per
Elizabeth Debski
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 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 and 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.
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