198 LORING AVENUE - BUILDING INSPECTION
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CITY OF SALEM MASSACHUSETTS
BOARD OF APPEAL
P 2-- OS
120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 70
KIMBERLEY DRISCOLL TELE;978-745-9595 ♦ FAX:978-740-9846
MAYOR FILE #
CITY CLEFTS, SALEM, MASS.
February 4, 2015
Decision
City of Salem Board of Appeals
Petition of DAVID POTTER,requesting a Special Permit per Sec.3.3.2 NonconfonrlingUses of the
Salem Zoning Ordinance,in order to allow an existing nonconforming use of a barbershop to be
AVE (Mapp 31,Lot 31) (Rl Zoning District).
changed another nonconforming use of a general office at the property located at 198 LORING
A public hearing on the above Petition was opened on January 21, 2015 pursuant to M.G.L Ch. 40A, § 11.
The hearing was closed on that date with the following Salem Board of Appeals members present: Ms.
Curran (Chair),Mr. Duffy,Mr. Watkins,Mr. Copelas,Mr. Tsitsinos (Alternate).
The Petitioner seeks a Special Permit from the requirements of Section 3.3.2 Nonconforming Urex of the Salem
Zoning Ordinance.
Statements of fact:
1. In the petition date-stamped November 25, 2014, the Petitioner requested a Special Permit to allow
an existing nonconforming use of a barbershop to be changed to another nonconforming use of a
general office.
2. Attorney Lisa Mcgloin,presented the petition on behalf of the applicant.
3. The office space will be a real estate office with a total of two (2) employees.
4. The requested relief,if granted,would allow the Petitioner to convert a previously existing barbershop
to a real estate office use.
5. At the public hearing one (1) member of the public spoke in favor and none (0) spoke in opposition
to, the petition.
The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and
after thorough review of the petition, including the application narrative and plans, and the Petitioner's
presentation and public testimony, makes the following findings that the proposed project meets the
Provisions of the City of Salem Zoning Ordinance:
Findings for Special Permit:
1. This change in use shall not be substantially more detrimental than the existing nonconforming use to
the neighborhood.
2. The proposed use is not more detrimental re is no impact on the social, economic or community
needs served by the proposal.
3. There are no impacts on traffic flow and safety,including parking and loading.
CitPof Salem Board of Appeals
February 4,2015
Project: 198 Loring Ave
Page 2 of 2
4. The capacity of the utilities is not affected by the project.
5. There are no impacts on the natural environment,including drainage.
6. The proposal fits with the existing neighborhood character as there has been a small,business in
operation at this location for over 50 years.
7. The potential fiscal impact,including impact on the City tax base is positive.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5)in favor
(Ms. Curran,Mr. Watkins, Mr. Copelas,Mr. Duffy and Mr. Tsitsinos in favor) and none (0) opposed, to grant
a Special Pemiit per Sec. 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance,in order to allow an
existing nonconforming use of a barbershop to be changed to another nonconforming use of a general office
at the property, subject to the following terms, conditions, and safeguards:
1. The 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 pem-lit prior to beginning any construction.
5. Exterior finishes of new construction shall be in harmony with the existing structure.
6. A Certificate of Inspection is to be obtained.
7. No motor vehicles shall be parked on the sidewalk.
Rebecca Curran, Chats
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 Lams 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 Permitgranted herein shall not take�ct until a ropy of the decision beanng the certificate of the City Clerk has been filed with the Essex South
Regasg of Deeas.