26 TREMONT STREET - BUILDING INSPECTION U�
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QNp1L� CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
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120 WASHINGTON STREET, 3RD FLOOR n
•.2 SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595
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FAX: 978-740-9846 G =r.
KIMBERLEY DRISCOLL � `" N 31
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MAYOR .7
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August 17, 2006
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Decision U'
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-
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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.e.
hearing, including,but not limited to, the Petition,the Zoning Board of Appeals r
concludes as follows:
1. The petitioner's request for a Special Permit to allow the use of a Home J o r
Occupation at 26 Tremont Street does not constitute a substantial detrimentTib _
the public good. w r"3
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2. The requested Special Permit does not nullify or substantially derogate frog
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 inquest 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 fine 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.
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Bonnie Belair
Salem Zoning Board of Appeals
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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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