BOA_4 Hilton Street - Project File CITY OF SALEM,MASSACHUSETTS BOARD OF APPEALS
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TO THE BOARD OF APMALS: fTl _770
The Undersigned represent(s)that they are the owner(s)of a certain parcel of land located at:
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An-,tea rM bdMKM&MiMd Is Aw t Wwd of Alppeaf for tit:i�new■tst
This statement must describe what you propose to build,the dimensions,the zone property is in,and the zoning
requirements.(Example: I am proposing to construct a 10'x 10'one story addition to my home located at 3 Salem
Lame,in d c R-2 Zmfmg District The Zvn#g Onfwuw�wqducs fire n6ni=m depld<of1ka low 7-A m be 30 feet
The cer 2 dqs&of wr rear y aid is 32 Ewt the pmapased- wadd wduor the depAa afdw may yad io M
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( )Vwhmce(s)from prarisim of Section of*c Zofing Or&Bmw+e,specific aft ty fADM
(eg.minimum depth of rear yard).
VNIW is alto ed is (jty.sq fl?s ? 5-).old what I
(0,AS"pecial Permit under Section 39o-1 of the Zoning Ordinance in order to ►F 110 k) t)- 1 jQ l-ve-
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The Li ed teer+ebry petbom the D of to t�iesttas cif iris Salm Zeno ra,iy An S"rf2 t,t- r .
th e pn*ct to be as perdw plfa�srksm 1 t tat ai%!e c a TA x u=u E 6 a s 6 d?.�Eyy- s i awe kit
practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substanhally
PEON FORM:PAGE 1 of 2
CITY OF SAi.E14f MASSACHUSETTS BOARD OF APPEALS
( ) For all Variance requests a written Statement of Hardship demonstrating the following must be attached:
a) S0criai "" - . :ckcamsbamd4A cqk=iAvzd%xt doe hwd�bm-Maw 4w afidticd7+
and
c) Desirable relief may be granted without substantial d,etr n nt to the public good,and without nullifying or
�� substantially d from the—of the digit or the pu gwse of the onhum ce-
i4 xaff Sped"rMWW MW4M.-a Stdmamf#0 GMWM&mastbr AW6 An MpfiaOm fv-a Torml pmmk-
for a ;-:` ase a 5bftMKW-..4MK.- _-,
be substantially more detrimental than the existing nonconforming use or structure to the neighborhood in
accordance with Section 9.4 Special Permits.Such a statement should inchide reference to the following
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a) S aoMOWir,4W MM&SCFWCd by&C Ft
c) Adequacy ofn ffities and other public services;
d) Impacts on the natural environment,including drainage,
et, mA chamcur,arA
0 Poom id fised impazt ice - i�,za=as��is base
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Petitioner ��/ p��uS�Gf property Owner:
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If di}�erentfrorn petitioner:
A TRUE Telephone:
ATTEST
Date:
B1'l CI E31lli DATE
Tld�sor l r:i:;_ _:.7 mzma brJUml ai&OkeCkrClerk
PEMION FORM:PAGE 2 of 2
CnY of SALmh,MAssACHUSti=BDARD of APPEAL
APPUCAM C-BEC r UISI'
Application Checklist
To be submitted to the Board ofAppeals along with the complete application_
Please note that incomplete appiwations will not be accepted
I, A�// 7,,�-vS XF 7— certify that the following is a complete application
containing all of the following elements(check each):
"pW petition form pis mne copies
E Dime curies of Statement of Groins(for sgedal permit applications)/Statement of
Hardship(for variance applications)
❑�'/'Wine sets of plans and elevations,as described in Notice to Applicants
!d Signed:Salem News Form
"lication few(per fee schedule)on separate mocks
2- Sigsatnre of property owner on petition fora of consent letter frorn per*owner
❑ Previous applies to the Board of Appeals mvoh mg this property
If oWantfing the footprint of an errsting building or appb ng for new construedon:
❑ Nine copies of certified plot plan /U f f
Ifseeking relieffor building height.-
0 Nine copies o€streetscape Wig,to scale
Name: Lo��Silk
r
Signature:
r
Date: -,go
Circle O Petitioner= Property Owner Representative
APMCAnON CAS'
A.) Social, economic or community needs served by the proposal
I am a small business owner, contributing to the city's tax revenue while
providing a valuable and necessary service to the citizens of Salem and the
North Shore.
B. Traffic flow and safft incl parking and loading
I live in a quiet cul-de-sac in Witchcraft Heights where there is little traffic
flow, and there is sufficient parking for my clients. I see one client at a time.
The cul-de-sac is ringed by four houses, so there is plenty of space for
parking. There is no issue with loading.
Q Aftuagy of utilities and other public services
My home office is spacious, clean, and sanitary. I have implemented strict
COVID-19 protocols as proscribed by the Massachusetts State guidelines. I
do not utilize other public services.
D.) Impact on the natural environment, incl drainage
N/A
Neighborhood character
The character of the neighborhood would not be adversely affected; my
client's appointments range from 60-90 minutes/ 10 client per week, so there
is minimal, transient impact on the character of the neighborhood.
F.) Potential financial impact, including impact on Cites tax base and
employment.
My business would consist of myself as the sole owner/employee, increasing
my income and thereby contributing to the revenue of the city.
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CONDIT;
CITY OF SALEM MASSACHUSETT'S
( 9 BOARD OF APPEALS 2020 AUG -5 P�412: 46
LERK
98 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01 6A L E M, MASS
KIMBERLEY DRISCOLL TEL:978-619-5685
MAYOR
City of Salem
Zoning Board of Appeals
Will hold a public hearing for all persons interested in the petition of CHERYL BRUSKET for a special
permit per Section 3.2.2 Home Occupations of the Salem Zoning Ordinance to operate a massage therapist
business within the single-family home at 4 HILTON STREET (Map 10, Lot 169) (RI Zoning District). The
public hearing will be held on Wednesday, August 19, 2020 at 6:30 PM via remote participation with
instructions to be posted to the City Calendar and the Board of Appeals page on www.salem.com no later
than August 12, 2020, in accordance with Chapter 40A of the Massachusetts General Laws and Governor
Baker's Emergency Order dated March 12, 2020.
Salem News publication dates: 8/5/20 &8/12/20
Know Your Rights Under the Open Meeting Law, M.G.L. c. 30A Sections 18-25 and
City Ordinance Sections 2-2028 through 2-2033.
Applications and plans (if applicable) are on file and available for review during normal business hours at
the Department of Planning and Community Development, 98 Washington Street, Second Floor, Salem,
MA.
This notice posted on "Official BU �I tin oard"
City Bali, Salem, P,4ass. on AUG 20��
at CZ;4!P bl j in accordance with MGL Chap. 30A,
Sectidns 18-25.
.�o
f
CITY OF SALEM, MASSACHUSETT'S
BOARD OF APPEALS
98 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970
KIMBERLEY DRISCOLL TEL:978-619-5685
MAYOR > =-
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September 18, 2020co
Decision
City of Salem Board of Appeals
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Petition of CHERYL BRUSKET for a special permit per Section 3.2.2 Home Occupations of the
Salem Zoning Ordinance to operate a massage therapist business within the single-family home at 4
HILTON STREET (Map 10,Lot 169) (R1 Zoning District).
A public hearing on the above Petition was opened on August 19, 2020 pursuant to M.G.L Ch. 40A, § 11 and
closed on that date with the following Salem Board of Appeals members present: Peter A. Copelas, Mike
Duffy (Chair),Rosa Ordaz, and Paul Viccica. Carly McClain (Alternate), Steven Smalley (Alternate),and
Jimmy Tsitsinos were absent.
The petitioner seeks a special permit per Section 3.2.2 Home Occupations of the Salem Zoning Ordinance to
operate a massage therapist business within the single-family home at 4 Hilton Street.
Statements of Fact:
1. In the petition date-stamped July 13, 2020, the petitioner requested a special permit per Section 3.2.2
Home Occupations of the Salem Zoning Ordinance to allow a home occupation, a massage therapist
business,within the single-family home at 4 Hilton Street.
2. 4 Hilton Street is owned by petitioner Cheryl Brusket.
3. 4 Hilton Street is a single-family home located in the Residential One-Family(R1) zoning district.
4. The existing single-family home use is allowed in the R1 zoning district.The proposed home
occupation use is allowed in the R1 zoning district by special permit from the Zoning Board of
Appeals.
5. The proposal is to allow a massage therapist business within the existing single-family home. The
petitioner is appropriately seeking a special permit for this use per Section 3.2.2 Home Occupations.
6. Section 3.2.2 Home Occupations of the Salem Zoning Ordinance reads: "Professional offices and other
home occupations involving the use of a room or rooms in a dwelling to carry on activities in which
goods, wares or merchandise are not commercially created or handled may be authorized by special
permit,provided that any such home occupation:
1. Shall be operated entirely within a dwelling unit,with no display visible from the street.
2. Shall be operated only by the residents of the dwelling unit,with not more than one (1) regular
employee not residing in the dwelling unit.
3. Shall utilize not more than twenty-five (25) percent of the gross floor area of the dwelling unit.
Page 1 of 4
City of Salem Board of Appeals
September 18,2020
Project:4 Hilton Street
Page 2 of 4
4. Shall display not more than one (1) non-electric announcement sign of an area not greater
than one and one-half(1.5) square feet and attached against the building and not protruding
therefrom."
7. The requested relief,if granted,would allow the petitioner to operate a massage therapist business
within the single-family home at 4 Hilton Street.
8. Due to the ongoing COVID-19 pandemic and related precautions and Governor Baker's March 12,
2020 Order Suspending Certain Provisions of the Open Meeting Law, G.L. c. 30A, §18,and the
Governor's March 15,2020 Order imposing strict limitations on the number of people that may
gather in one place, the August 19, 2020 meeting of the Board of Appeals was held remotely,via the
online platform Zoom.
9. At the August 19,2020 public hearing,petitioner Cheryl Brusket presented the proposal. Ms. Brusket
discussed how the proposal meets the requirements of the Zoning Ordinance, including that the use
will be in a room dedicated to that purpose which will take up 18% of the square footage of the
dwelling; the office will be operated entirely within the designated office space with no display visible
from the street; and that she will be the only person working and she can only see one person at a
time. Ms. Brusket added there will be approximately ten clients per week,with only one (client's) car
parked in front of the house at a time. She stated that the business will not disrupt the neighbors or
the neighborhood or affect the neighborhood character. Ms. Brusket presented photos of the street to
show that there is plenty of parking in front of the house and in the driveway. Ms. Brusket noted that
she has been a licensed massage therapist for many years.
10. At the public hearing, Mr. Copelas noted that the applicant has paid attention to the requirements of
the ordinance and has addressed each one. He noted that his concern was the square footage and he
acknowledged the note indicating that the use is 17 or 18%,which is less than the allowed 25%. Mr.
Copelas noted all the other requirements of the ordinance seem to be met. Chair Duffy asked whether
any construction is planned;Ms. Brusket responded in the negative.
11. At the August 19,2020 public hearing,no (0) members of the public spoke in favor of or in
opposition to the proposal. Two (2) members of the public,Marcia D'Entremont of 1 Hilton Street
and Margaret Shield (address not provided), expressed their support for the proposal in written
comment submitted to the Board of Appeals before the meeting.
12. At the August 19, 2020 public hearing, Chair Duffy discussed the ways in which the application fulfills
the standard special permit criteria and the criteria specific to the Home Occupations special permit.
The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearings, and
after thorough review of the petition, including the application narrative and plans, makes the following
findings that the proposed project meets the provisions of the City of Salem Zoning Ordinance:
Special Permit Findings:
The Board finds that the adverse effects of the proposed use will not outweigh its beneficial impacts to the City
or the neighborhood,in view of the particular characteristics of the site, and of the proposal in relation to that
site. This is a relatively modest proposal and the application indicates that the adverse effects will not outweigh
the beneficial impacts.The criteria of Section 3.2.2 Home Occupations are met as noted in the Statements of Fact
above.
1. Social, economic, or community needs are served by allowing a home occupation use in compliance
with the zoning bylaw.
City of Salem Board of Appeals
September 18,2020
Project:4 Hilton Street
Page 3 of 4
2. Traffic flow and safety, including parking and loading should not be burdened as there is available
parking space in the driveway and on the street.
3. Adequacy of utilities and other public services: Existing utilities and other public services are adequate.
The use will occur inside an existing home.
4. Impacts on the natural environment,including drainage: No impact is anticipated as no construction is
planned.
5. Neighborhood character: The building will not change in any way that will disrupt or otherwise be
inconsistent with the neighborhood character.
6. Potential fiscal impact, including impact on City tax base and employment: This business use has the
potential for a positive fiscal impact including on employment and other financial concerns.
On the basis of the above statements of fact and findings, the Salem Board of Appeals voted four (4) in favor
(Rosa Ordaz,Paul Viccica,Peter A. Copelas,and Mike Duffy(Chair)) and none (0)opposed to grant to Cheryl
Brusket the requested Special Permit per Section 3.2.2 Home Occupations of the Salem Zoning Ordinance to
operate a massage therapist business within the single-family home at 4 Hilton Street, subject to the following
terms, conditions, and safeguards:
Standard Conditions:
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.
6. A Certificate of Inspection is to be obtained.
7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but
not limited to, the Planning Board.
8. All construction shall be done per the plans and dimensions submitted to and approved by this Board.
No change, extension,material corrections, additions, substitutions, alterations, and/or modification
to an approval by this Board shall be permitted without the approval of this Board,unless such
change has been deemed a minor field change by the Building Commissioner in consultation with the
Chair of the Board of Appeals.
City of Salem Board of Appeals
September 18,2020
Project:4 Hilton Street
Page 4 of 4
Mike Du fy, Chair
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 has been filed with the
Essex South Registry of Deeds.