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BOA_136 Boston Street (06.07.2021) `�� NIKT CITY OF SALEM, MASSACHUSETTS r� —� BOARD OF APPEALS 98 WASHINGTON STREET,2ND FLOOR y ` SALEM,MA _ SSACHUSETTS 01970 LJ Thomas St.Pierre,Director of Inspectional Services Phone:978-619-5641 f'j Lev McCarthy,Staff Planner Kimberly Driscoll Phone:978-619-5685 a V Mayor N v N Zoning Board of Appeals Application Application ID: ZBA-21-15 Date submitted: April 26, 2021 TO THE BOARD OF APPEALS: The Undersigned represent(s)that they are the owner(s)of a certain parcel of land located at: Address: 136 BOSTON STREET Zoning District:B2 An application is being submitted to the Board of Appeals for the following reason(s): the application is being made to open a small business of aesthetics and permanent makeup,there will be no need to make any changes to the structure of the establishment. For this reason,I am requesting: false Variance(s)from provisions of Section of the Zoning Ordinance,specifically from. true A Special Permit under Section 3.1.2 of the Zoning Ordinance in order to opening small business of aesthetics and permanent makeup [ 1 Appealing a Decision of the Building Inspector: I I Comprehensive Permit: Current Property Use:comercial Are Lot Dimensions Included:No The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and allow the project to be constructed as per the plans submitted,as the enforcement of said Zoning By-Laws would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially derogating from the intent and purpose of the Zoning Ordinance. Statement of Hardship(for Variances): Statement of Grounds(for Special Permits): I have a project to open a beauty salon as a designer of eyebrows and permanent makeup,in which I spent some years studying and dedicating myself to be able to have the necessary licenses,with the great demand for the female aesthetic that is the area that grows the most at the moment I believe that my business will favor the Latin American community both in the high esteem of women and in the economic area of the city.Regarding the traffic flow,I believe that it will not be affected due to a small business In which visits will be by appointment,in relation to parking,customers will park on the street,as the establishment has availability. I believe that there will be no need to make any changes in space,as some time ago there was a hairdressing salon. There will be no natural impact as all waste will be disposed of correctly,including all water drainage. The whole neighborhood has residential and commercial characteristics. my business will generate taxes on the municipal tax base. I will work alone,I will not have employees. Petitioner:Debora Sonlnl If different from petitioner Address:53 Summit at,Salem MA 01970 Property Owner:Marla A Wive Telephone:9782108916 Address:136 Boston at,Salem MA 011270 Email:debbysbeautyspa@gmail.com Telephone:9783959476 o c� Email:mariasilva57@icloud.com Signature: °� ��Q�� /` Date: ©�I k�<� Ian a 1 Signature: Date: If different from petitioner Representative: Address:, Telephone: Email: Signature: Date: CITY OF SALEM� , MASSACHUSETTS BOARD OF APPEALS 98 WASHINGTON STREET 1 SALEM,MASSACHUSETTS 01970 T EL:978-619-5685 KIMBERLEY DRISCOLL MAYOR City of Salem Zoning Board of Appeals Will hold a public hearing for all persons interested in the petition of DEBORA BONINI for a special permit per Section 3. 1.2 Special Permit. Zoning Board of Appeals of the Salem Zoning Ordinance to operate a beauty salon at 136 BOSTON STREET(Map 16, Lot 186) (B2 and ECOD Zoning Districts). The public hearing will be held on Wednesday, May 19, 2021 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 May 12, 202 I, in accordance with Chapter 40A of the Massachusetts General Laws and Governor Baker's Emergency Order dated March 12, 2020. Salem News publication dates: 5/5/21 &5/12/21 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. These materials are also available for review online at hups://tinyurl.com/SalemZBA. u cn mac? rn.�: r-' .rtl s cn� •- co CITY OF SALEM ASSESSORS CERTIFICATION OF ABUTTERS AND "PARTIES IN INTERES" BOARD/COMMISSION: Board of Appeals PROJECT SITE: 136 Boston Street DATE: 5/3/2021 DESCRIPTION OF REQUIREMENT: Parties in Interest: Vi The applicant 0 Abutters Owners of land opposite any street or way ®' Abutters to abutters within 300 feet ❑ All property owners within 500 feet of property lines (Retail Marijuana Special Permit) V Planning boards of abutting cities and towns This is to certify that at the time of the last assessment for taxation made by the City of Salem,the names and addresses of those listed on the attached sheets are"parties in interest' (as defined by Massachusetts General Law Chapter 40A,Section 11) to the parcel(s) of land listed above as the project site. Assessor's Signature: Date: Number of initialed pages attached: S Once Certified,Return to: Lev McCarthy Department of Planning and Community Development CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS 98 WASHINGTON STREET♦ SALEM,MASSACHUSETTs 01970 KIMBERLEY DRISCOLL TEL:978-619-5685 MAYOR r. Cn June 7, 2021 Decision � City of Salem Board of Appeals „ Petition of DEBORA BONINI for a special permit per Section 3.1.2 Special Petmiploainw Board ofAppeals of the Salem Zoning Ordinance to operate a beauty salon at 136 BOSTON STREET (Map 16, Lot 186) (B2 and ECOD Zoning Districts). A public hearing on the above Petition was opened on May 19,2021 pursuant to M.G.L Ch. 40A, 11 and closed on that date with the following Zoning Board of Appeals members present:Mike Duffy (Chair),Peter Copelas,Rosa Ordaz,Paul Viccica,and Carly McClain(Alternate). Board members Jimmy Tsitsinos and Steven Smalley(Alternate) were absent. The petitioner seeks a special permit per Section 3.1.2 Special Permit. Zoning Board of Appeals of the Salem Zoning Ordinance to operate a beauty salon at 136 Boston Street. Statements of Fact: 1. In the petition date-stamped April 26,2021,the petitioner requested a special permit per Section 3.1.2 of the Zoning Ordinance to "open a small business of aesthetics and permanent makeup"at 136 Boston Street. 2. 136 Boston Street is owned by Maria A. Silva. 3. 136 Boston Street is a single-story commercial structure in the Business Highway (132) zoning district and Entrance Corridor Overlay District (ECOD). 4. The proposed use (beauty salon) qualifies as a "personal service establishment". Per Section 3.1.2 Special Permit. Zoning Board ofAppeals and the Table of Principal and Accessory Use Regulations of the Salem Zoning Ordinance, "personal service establishments" require a special permit from the Zoning Board of Appeals to be permitted in the Business Highway (132) zoning district. 5. The proposal is to operate a beauty salon at 136 Boston Street. 6. 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,518,and the Governor's March 15,2020 Order imposing strict limitations on the number of people that may gather in one place,the May 19,2021 meeting of the Board of Appeals was held remotely,via the online platform Zoom. 7. At the May 19,2021 public hearing,petitioner Debora Bonini presented the proposal. Ms. Bonini was joined by a person named Gabrielle,who introduced themselves as Ms. Bonini's cousin and stated they would help with interpretation. City of Salem Board of Appeals June 7,2021 Project: 136 Boston Street Page 2 of 3 8. At the May 19,2021 public hearing,Peter Copelas noted that there are many personal service establishments along Boston Street,and he states that this use is certainly suited to the neighborhood character. Carly McClain stated that it did not seem that this use would be any different than the tattoo shops and beauty parlors along Boston Street. 9. At the May 19,2021 public hearing,no (0) members of the public spoke in favor of or in opposition to the petition. 10. At the May 19,2021 public hearing,Chair Duffy discussed how the proposal meets the criteria for special permit (as noted below). 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. The determination includes consideration for each of the following: 1. Social,economic, or community needs are ser-.-ed by this proposal. 2. Traffic flow and safety,including parking and loading:There seems to be sufficient parking in the area. 3. Adequate utilities and other public services already service the structure. 4. Impacts on the natural environment,including drainage:No negative impact is expected,there is a slightly larger roof area,but the runoff is contained to the petitioner's property. 5. Neighborhood character:The project is in keeping with the neighborhood character,as there are many similar businesses along Boston Street. 6. Potential fiscal impact,including impact on City tax base and employment:There is a potential positive fiscal impact,including enhancing the City's tax base and additional employment. On the basis of the above statements of fact and findings,the Salem Board of Appeals voted five (5) in favor(Rosa Ordaz,Carly McClain(Alternate),Peter Copelas,Mike Duffy(Chair),and Paul Viccica) and none(0)opposed to grant to Debora Bonini a special permit per Section 3.1.2 Special Permit. Zoning Board ofAppeals of the Salem Zoning Ordinance to operate a beauty salon at 136 Boston 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. City of Salem Board of Appeals June 7,2021 Project: 136 Boston Street Page 3 of 3 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.Any modification to the approved plans and dimensions must receive the prior approval of the Board of Appeals unless such changes are deemed insignificant by the Building Commissioner in consultation with the Board of Appeals. Mike Duffy, . 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.