26 TREMONT STREET - ZBA 74520 40°h P4
9Legal Notice
CITY OF SALEM
. BOARD OF APPEAL
978-7454595 Ext 381-
Will hold a public hearing for all
persons interested in the petition sub-
mitted by Saul Barragan requesting a
I, Special Permit per Section 5-2(b)(1)to j
Jallow a Home Occupation for the
property located at 26 Tremont Street I
I� R•1. Said hearing will be held on
1 Wednesday,August 16,2006 at 6:30
'll P.M, 120 Washington Street,3rd Noor,
Room 313.
Nina Cohen,Chairman
SN—&2,619/06 l
,
oNOIr CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
1 20 WASHINGTON STREET, 3RD FLOOR C7
a E m SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595
FAX: 978-740-9846
KIMBERLEY DRISCOLL cn'
MAYOR a Ota
August 17, 2006 -p t )
Decision cn
Petition of Saul Barragan requesting a Special Permit to allow a Home"'
Occupation at the property located at 26 Tremont Street, R-2 District
City of Salem Zoning Board of Appeals
A public hearing on the above petition was opened on August 16, 2006 pursuant to Mass
General Law Ch. 40A,Sec. 11,the following Zoning Board members present: Robin
Stein, Annie Harris, Stephen Pinto,Bonnie Belair,Elizabeth Debski.
The petitioner, Saul Barragan,is requesting a Special Permit pursuant to section 5-3
(b)(1) to allow for a Home Occupation located at 26 Tremont Street,Salem,in the Two
Family Residential (R-2)zoning district.
The petitioner is requesting a Special Permit to allow the operation of a Home
Occupation as a message therapy business.
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. The property at 26 Tremont Street is within the R-2 zoning district.
2. The petitioner, Saul Barragan, will run the home occupation by appointment only,
with only one (1)client at a time anticipated to be on-site.
3. The petitioner will have parking available on-site via the driveway on Churchill
Street.
4. The petitioner volunteered to condition the use of the home occupation to only
serving one (1)client at a time,having handicapped accessibility through the
garage on Churchill Street,not displaying a sign for the business on the site or the
building, limiting the n umber of employees to only one(1), and to only use on-
I
8. There were no members of the public who spoke in opposition to the petition.
On the basis of the above findings of fact,including all evidence presented at the publI.W
hearing, including,but not limited to,the Petition,the Zoning Board of Appeals
concludes as follows: =r,
1. The petitioner's request for a Special Permit to allow the use of a Home J "
Occupation at 26 Tremont Street does not constitute a substantial detrimentb �?
the public good. w m 3
cn
2. The requested Special Permit does not nullify or substantially derogate fron
the intent or purpose of the zoning ordinance.
3. The petitioner's proposal meets the standards set forth in the City of Salem
Zoning Ordinance for the granting of a Special Permit for Home Occupations
in the R-2 district.
In consideration of the above, the Salem Board of Appeals voted,five(5)in favor(Stein,
Harris,Pinto,Debski,Belair) and none(0)opposed, to grant the 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 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. The petitioner is to operate the home occupation on an appointment only basis.
5. The petitioner shall maintain handicapped access through the garage for all
clients.
6. The petitioner shall not erect or install a sign for the home occupation at any time.
7. No on-street parking shall be utilized for the operation of the home occupation.
8. There shall be only one(1)employee on site for the operation of the home
occupation.
-V
Bonnie Belair
Salem Zoning Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WI'T'H THE PLANNING BOARD AND THE CITY
CLERK
A from this decision,if any,shall be made pursuant to Section 17 of the Massachusetts General Laws
PPS Y
Chapter 40A,and shall be Sled 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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, Y0 SALEM. ,
CLE,RF('S OFFICE A
June 26, 2006
Zoning Board of Appeals ZOPb AUG 8 A
Salem City Hall Annex
120 Washington Street
Salem,Massachusetts 01970
Re: Property at 26 Tremont Street
Dear Board Members:
I am submitting thisletter on behalfofmy husband,Saul Barragan. Saul is presently attempting
to start his massage therapy business and is proposing to utilize a room in our home for this purpose. His
plan would be to have clients come to our home for various massage therapy services. There is no request
on his part to alter the structure of the residence in any fashion. I am writing this letter as I am the owner
of 26 Tremont Street and to advise that I am in favor of this proposal.
Ifyouhave any questions concerning Saul's request or anything referenced in this letter,please feel
free to contact me at(978) 745-0955. Thank you in advance for you consideration.
Very truly yours,
fc"tj(2.
Paul C. Prevey
June 26, 2006
Zoning Board of Appeals
Salem City Hall Annex
120 Washington Street
Salem, Massachusetts 01970
Re: Request for Special Permit
Dear Board Members:
This letter is provided in support of my request for a special permit. As grounds for the special
permit,I would like to advise the Board that my business will be operated out of the back room of the
residence. There will be no other employees aside from myself and I will have appropriate facilities to
support this business. Since my business consists of massage therapy and that I will be the only person
working in this capacity,there will be only one customer at my residence at atime. As such,my driveway
size is able to accommodate customer parking. If granted the special permit,I will then be permitted to
obtain my license from the Board of Health and will be subject to their requirements and inspection.
I respectfully urge the Board to grant my request for a special permit.
trours,
Saul 7B rrag
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