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40 BOSTON STREET - BUILDING JACKET A. '40 BOSTON STREET _ i Certificate No: 860-08 Sign Permit No.: 860-08 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the BUSINESS located at Dwelling Type 40 BOSTON STREET in the CITY OF SALEM --------------------------------------------------------------------------- ------------------------------------------------------------------- Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY OCCUPANCY PERMIT FOR MINIT PRINT This permit is granted in conformity with the Statutes and ordinances relating thereto,and expires ...... __ _ --_ -------------------------- unless sooner suspended or revoked. Expiration Date rr• Issued On:Tue Apr 1,2008 - --- -- GeoTMS®2008 Des Launers Municipal Solutions,Inc. ---------------------------------------------------- ---------""'-'-'-'---'-- �_�ONiNT� YSOYE AO CITY OF SALEM BUILDING PERMIT CITY OF SALEM, MASSACHUSETTS - J" 3& ��c BOARD OF APPEAL e 1 20 WASHINGTON STREET, 3R0 FLOOR W/1 SALEM. MASSACHUSETTS O 1970 SpT TELEPHONE 978-745-9595 FAX 978-740-9846 KIMBERLEY DRISCOLL +,r _� ��: >b MAYOR March 3, 2008 Decision City of Salem Zoning Board of Appeals Petition of Dominic iviondi seeking a Special Permit for a change in nonconforming use to allow for a photocopy and print shop at 41) Boston Street JR-21. A public hearing on the above Petition was held on February 13, 2003 pursuant to Massachusetts General Law Ch. 40A, §§ 11 with the following Zoning Board members present: Robin Stein, Elizabeth Debski, Richard Dionne, Rebecca Curran, and Bonnie Belair. Petitioner seeks a Special Permit pursuant to section § 5-3(j) of the Salem Zoning Ordinance to allow for a change in the nonconforming use of the property. Statements of fact: 1. Attorney Sally Calhoun presented the petition along with the petitioner Dominic Mondi, for the property a 40 Boston Street (R-2). 2. The current use of the property is professional offices, which is a nonconforming use in the Residential Two Family(R-2) District. This use of professional offices was allowed by the Board of Appeals decision dated May 24, 2007, which granted a special permit for a change in nonconforming use. Prior to this, there have been several other nonconforming uses of the property including a law office and a retail clothing store. 3. The petitioner plans to purchase the property at 40 Boston Street and move the photocopy and print shop which he has operated for twenty (20) years to this location. 4. The petitioner stated that a great deal of his business is done electronically and when costumers come in it is for a short period of time. 5. There was no opposition to the request for a special permit at the public hearing. The Board of Appeal, atter careful consideration of the evidence presented at the public hearing, and after thorough review ofthe plans and petition submitted, makes the following findings: I. The change in nonconforming use does not have a difference in terms of its quality, character. and effect on the ncighborhood. The change is not substantially more detrimental than the existing nonconforming use. 2. A special permit may be granted to allow this request without substantial dcu-intent to the public good and without nullifying or substantially derogating Ii out the intent or purpuse of the Salem Zoning Ordinance. On the basis of the above findings of fact and all evidence presented at the puhlic hearing including, but not limited to, the Plans, Documents and testimony. the Zoning Board of Appeals concludes: I. To allow for the change in nonconforming use, a special permit may be 'ranted under § 5-3 (j) Frtension o/nonconJbrmin- in accordance with the procedures and conditions set forth in sections 3-6 and 9-4 of the Salem Zonine Ordinance. 2. In permitting such change, the Board of Appeals requires certain appropriate conditions and safeguards as noted below. In consideration of the above, the Salem Board of Appeals voted, five (5) in favor (Stein, Debski, Dionne, Belair, and Curran) and none (0) opposed, to grant petitioner's request for a special permit subject to the following terms, conditions, and safeguards: I. Petitioner shall comply with all city and state statues, 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. Exterior finishes of the new construction shall be in harmony with the existing structure. 6. A certificate of occupancy 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. No more than five (5) persons shall be employed by the business. Robin Stein. Chair Salem 'Zoning Board of Appeals A LOPY OF 111 IS DLC IS ION MAS BEEN FILED%t 11111111; PLANNIN(I I ,UM AND I lir:CI 1) CLCRK Appeal t}om this decision, it anv, shall be made pursuant to Section 1? tit the Massachusetts General Laws Chapter 40A. and shall be filed within 20 days tit filing of this decision in the oilice ot'the C itv ( leek. Piusiant ro the Massachusetts General Laws Chapter 40A. Section 11, the variance ur Special Penult grantcd herein shall not take effect until a cop} of the decision bearing the certificate of the City Clerk has been tiled with the t:ssc.y South Registry of Deeds. May 24, 2007 m _ Decision Petition of Corinna Spinale Requesting a Special Permit for the Property at 40 Boston Street D -> City of Salem Zoning Board of Appeals rn._ O A public hearing on the above petition was opened on April 18, 2007 pursuant to L7' Massachusetts General Laws Ch. 40A, Sec. 11. The following members of the Salem Zoning Board of Appeals ("Zoning Board of Appeals") were present: Bonnie Belair, Elizabeth Debski, Richard Dionne, Annie Hams and Robin Stein. The petitioner, Corinna Spinale("petitioner"), sought a special permit for the real property located at 40 Boston Street, Salem, located within a two-family residential (R-2) zoning district. The Zoning Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the petition submitted, submits the following findings of fact: 1. Petitioner's property is located within a two-family residence district and the building was previously operated by the prior owner as a non- conforming use (law office). 2. Building Commissioner Thomas St. Pierre stated that the building at 40 Boston Street has a history of non-conforming use, that is, for business/commercial use. 3. The special permit is being sought to enable the petitioner to go from one non-conforming use to another non-conforming use (law office to professional offices) at 40 Boston Street. 4. Meg Twohey of 122 Federal Street spoke on behalf of the Federal Street Neighborhood Association, and raised concerns over a) the number of employees that will be allowed to work out of the professional offices at 40 Boston Street, b) the hours of operation for the professional offices and c) the impact on parking around the general vicinity of 40 Boston Street. 5. Michael Cibroe, a professional acquaintance to the petitioner, spoke in favor of the petition. On the basis of the above findings of fact, including all evidence presented at the public hearing, including, but not limited to the Petition, the Zoning Board of Appeals concludes as follows: I. The petitioner's request for a special permit does not constitute substantial detriment to the public good as the petitioner's property at 40 Boston Street has a history of non-conforming business and commercial uses. 2. The requested relief does not nullify or substantially derogate from the intent or purpose of the zoning ordinance as the use proposed is less intense than the current law firm use. 3. In permitting such change, the Zoning Board of Appeals requires certain appropriate conditions and safeguards as noted below. In consideration of the above, five (5) members (Belair, Debski, Dionne, Hams and Stein) of the Salem Zoning Board of Appeals voted to grant the petitioner's request for a special permit, and zero (0) members voted to deny the petitioner's 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. Any and all construction shall be done per approval of the Builder 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 regarding any construction. 5. A Certificate of Occupancy shall be obtained. 6. If necessary, petitioner shall obtain proper street numbering from the City of Salem Assessor's Office and shall display said number as to be visible from the street. 7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to the Planning Board. 8. The hours of operation for the professional offices at 40 Boston Street shall be 8 a.m. — 6 p.m., daily, with the exception that appointments shall be allowed outside the hours of operation. 9. At no time may more than five (5) individuals work from the building at 40 Boston Street. Elizabeth Debski Salem Zoning Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH 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 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. cotaw CITY OF SALEM9 MASSACHUSETTS y BOARD OF APPEAL f t` 120 WASHSALEMNMA 01970RD FLOOR . S OFFICE A TEL. (978) 745-9595 G' FAX (978) 740-9846 STANLEY J. VICZ, JR. 1UL)Z F,JAY �'� A (Q: 08 DECISION ON THE PETITION OF DANIEL BOYCE REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 40.BOSTON STREET R2--\ A hearing on this petition was held on April 24,2002 with the following Board Members present: Nina Cohen, Richard Dionne, Stephen Harris, Nicholas Helides and Joan Boudreau. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner requests a Special Permit to alter a lawful non-conforming use from the retail sale of clothing to a small law practice for the property located at 40 Boston Street located in a R-2 zone. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is section 5-3 (2) (8), which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Section 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension of expansion, of nonconforming lots, land, structures, and uses, provided however, that such change, extension, enlargement of expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. A. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or stuctures in the same district. B. Literal enforcement of the provisions of the Zoning Ordinance would involve Substantial hardship, financial or otherwise, to the petitioner. C. Desirable relief may be granted without substantial detriment to the public good and Without nullifying or substantially derogating from the intent of the district or the purpose of the ordinance. The Board of Appeal, after careful consideration of the evidence presented, and after viewing the plans, makes the following findings of fact: {�Q ` .LE,Mi, Ma �.Luli't�S 01-FILE i DECISION ON THE PETITION OF DANIEL BOYCE REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 40 BOSTON STREET R-2 r page two 1 .0: Oq 1. Petitioner Daniel S. Boyce, Esq. seeks a special permit to open a small law practice in a building which previously housed a variety of nonconforming uses, most recently a used clothing store. 2. Two neighbors, Stanley Schwartz and Martin Yim, spoke in support of the Proposed special permit on the grounds that they felt the proposed law practice Would fit in the neighborhood. They also confirmed that the Federal Street Neighborhood Association had given its support to the petitioner's proposal. 3. There was no opposition to the plans. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows; 1. Literal enforcement of the provisions of the ordinance would involve substantial hardship on the petitioner. 2. The relief requested can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the ordinance. 3. The Special Permit granted can be granted in harmony with the neighborhood and will promote the public health, safety, convenience and welfare of the City's inhabitants. Therefore, the Zoning Board of Appeal voted 5-0, to grant the relief requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statues, codes ordinances and regulations. 2. All construction shall be done as per the plans and dimensions submitted and approved by the Building Inspector. 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. Special Permit Granted Nina Cohen April 24, 2002 Board of Appeal SITY OF SALEM. MA CLEC 7'S OFFICE MAY -i A to. 09 DECISION OF THE PETITION OF DANIEL BOYCE REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 40 BOSTON STREET R-2 page three 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 MGL Chapter 40A, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to MGL Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision, bearing the certification of the City Clerk that the 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that is has been dismissed or denied 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. Tits of ,�alenl 55ttrf111sP# sect 3 DECISION ON THE PETITION OF PATRICK & MICHELLE HASSE REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 0 BOSTON 2 STREET R! A hearing on this petition was held November 17, 1999 with the following Board Members present: Nina Cohen, Chairman, Ronald Harrison, Stephen Buczko, Stephen Harris, and Richard Dionne. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner requests a Special Permit to alter a lawful nonconforming use from retail sale of paint and wallpaper to the retail sale of new, used, and consigned clothing, accessories, furnishing, juvenile items and toys for the property located at 40 Boston Street R-2. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is section 5-3 0), which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Section 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension of expansion of nonconforming lots, land, structures, and uses, provided, however, that such change, extension, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. A. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or stuctures in the same district. B. Literal enforcement of the provisions of the Zoning Ordinance would involve Substantial hardship, financial or otherwise, to the petitioner. C. Desirable relief may be granted without substantial detriment to the public good and Without nullifying or substantially derogating from the intent of the district or the purpose of the ordinance. The Board of Appeal, after careful consideration of the evidence presented, and after viewing the plans, makes the following findings of fact: DECISION ON THE PETITION OF PATRICK & MICHELE CHASSE REQUESTINGt A7SSS !1.21V 22 A ll: SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 40 BOSTON STREET page two 1. The petitioners, Patrick & Michelle Chasse, were represented by Attorney Daniel J. Casey, of 27 Congress Street, Salem, Ma. _2. —The pet boner req s a Special Permit to alter a lawful nonconforming use from retail sale of pairit�r dd wallpaper to the retail sale of new, used, and consigned clothing, accessories, furnishings,juvenile items and toys, for the property located at 40 Boston Street. 3. The subject property is owned by Philip H. Berube. Patrick and Michelle Chasse plan on purchasing the property from Mr. Berube. 4. Patrick and Michelle Chasse currently operate a similar business at 94 Boston Street, Salem. 5. Meg Twohey provided conditional support on behalf of herself and the Federal Street Neighborhood Association. Ms. Twohey requested that the business operation be limited to six days per week exclusive of Sundays, with operating hours of 8:00 a.m. to 5:00 p.m. or 9:00 a.m. to 6:00 p.m. with two evenings per week to 8:00 p.m. Mr. Twohey also requested that there be no outside storage of merchandise, that product for sale be primarily used and consigned goods with less than 50% new goods, and that no additional signage be placed on the Federal Street side of the building. 6. Councillor Regina Flynn submitted a letter in support of the special permit. 7. Mr. Brian Connelly of 188 Federal Street indicated that he was in support of the requested special permit provided that the conditions requested by Ms. Twohey were met. 8. No opposition to the requested Special Permit was presented. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows; 1. Literal enforcement of the provisions of the ordinance would involve substantial hardship on the petitioner. 2. The relief requested can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the ordinance. ii.M, MA DECISION OF THE PETITION OF PATRICK AND MICHELLE CHASSE REQUSTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 40 BOSTON STREET R-2 1gg9 NUIV 22 A jj: 30 page three 3. The Special Permit granted can be granted in harmony with the neighborhood and will promote the public health, safety, convenience and welfare of the City's inhabitants. Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statues, codes ordinances and regulations. 2. All construction shall be done per the plans and dimensions submitted and approved by the Zoning Enforcement Officer. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. A Certificate of Inspection shall be obtained. 5. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 6. The business operation shall be limited to six days per week exclusive of Sundays, with operating hours of 8:00 a.m. to 5:00 p.m. or 9:00 a.m. to 6:00 p.m. With two evenings per week to 8:00 p.m. 7. There shall be no outside storage of merchandise. 8. Product for sale shall be primarily used and consigned goods with less than 50% new goods. 9. No additional signage shall be placed on the Federal Street side of building. Special Permit Granted November 17,1999 Stephen Buczko, Member Board of Appeal 22 il• 30 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 MGL Chapter 40A, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to MGL Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision, bearing the certification of the City Clerk that the 20 days have elapsed and no appeal has been filed, or that, if"such appeal hj begn filed, that is has been dismissed or denied is recorded in-the SoUtfi" ssex`Registry of Deeds and indexed under the name of the owner ofrecordor is.Fec d and.gpted on the owner's Certificate of Title. a JUN 19 IO io AhClU of ttlpm, { tt�sttt $1� f�LrM. MASS CILRK'S OF FICE �nnri? of , peal DECISION OF THE PETITION OF PAUL ROBINSON REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 40 BOSTON STREET R-2 A hearing on this petition was held June 17, 1998 with the following Board - members present: Nina Cohen, Paul Valaskagis, Michael Ward, Ronald Harrison and Richard Dionne. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner requests a Variances for a Change of Use from a paint and wall paper store to a retail computer and electronics store which will provide sales and services of a number of electronic devices. The Variance which has been requested may be granted upon a finding of this Board that: 1 . Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other land, buildings, or structures in the same district. 2 . Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 3 . Desirable relief may be granted without substantial detriment to the Public good and without nullifying or substantially derogation from the intent of the district or the purpose of the Ordinance . The Board of Appeal , after careful considerations the evidence presented at the hearing, makes the following findings of fact: 1 . The petition represented himself. 2 . Petitioner will sell and services a variety of electronic goods, primarily computers, facsimile machines, printers, and other communication devices. 3. Petitioner will employ from three to five employees. » . Petitioner will make no structural changes to the building. 3 . There was no opposition to the request for variance. On the basis of the above findings of fact, and on the evidence presented at the hearings, the Board of Appeal concludes as follows: 1 . Special conditions exist which especially affect the subject property and not the district in general . 2 . Literal enforcement of the provisions of the Zoning Ordinance would involve substation hardship to the petitioner. 3. Desirable relief can be granted without substantial detriment to public good and without nullifying and substantially derogating from the intent of the district or purpose of the Ordinance. DECISION OF THE PETITION OF PAUL ROBINSON REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 40 BOSTON STREET R-2 page two On the basis of the above findings of fact, and on the evidence presented at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant the variance requested, subject to the following conditions: - - 1 . Petitioner shall comply with all city and state statures, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted. 3. All requirements of the Salem Fire Department relative to smoke and safety shall be strictly adhered to. 4 . A Certificate of Occupancy is to be obtained. 5. Petitioner shall obtain a building permit prior to beginning any construction. o . A Certificate of Inspection is to be obtained. Jl / Variance Granted / June 17, 1993 / Ronald Harrison, Member Board of Appeal COPi 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 after the date of filing of this decision in the office of the City Clerk. Pursuant to 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 certification 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 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. Board of Appeal The Hanover Insurance Companies. x❑ The Hanover Insurance Company ❑ Massachusetts Bay Insurance Company Bond No. BLN-1776984 LICENSE OR PERMIT BOND KNOW ALL MEN BY THESE PRESENTS, that we, A. Berube & Sons, Inc. of 6 Ward St. , Salem, MA/r�40 Boston-S-t.•, SSadelm ' as Principal, and ®The Hanover Insurance Company (A New Hampshire Corporation) ❑Massachusetts Bay Insurance Company (A Massachusetts Corporation) as Surety, are held and firmly bound unto City of Salem as Obligee, in the penal sum of One Thousand and 00/100---------------------------Dollars, good and lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, and our heirs, executors, administrators,jointly and severally, firmly by these presents. WHEREAS the said Principal has applied to said Obligee for a license Y4. or permit to open, occupy, . . . . .cross by vehicles and obstruct a certain portion of a public sidewalk, berm, curbing, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . street, or way in said city. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That, if Principal shall faithfully observe and honestly comply with the provisions of all Laws or Ordinances of Obligee regulating the business for which license is issued, then this obligation shall be void; otherwise to be and remain in full force and virtue. PROVIDED, THE LIABILITY OF THE SURETY upon this bond shall be and remain in full force and effect for the full period of the license, and renewals thereof, issued to the principal above named, or until ten days after receipt by the Obligee of a written notice signed by such Surety, or its authorized agent, stating that the liability of such Surety is thereby terminated and canceled; and provided further, that nothing herein shall affect any rights or liabilities which shall have accrued under this bond prior to the date of such termination. Signed, sealed and dated the . . . . . . . . 17th . . , , , , , , day of . . . May. . . . . . . . . . . . . . . . 19. 89, A. BERUBE. .&, SCN .'. W:. . . . . . . . . . . . . . . . . . . . . Principal c By . .t C.. ": . . . . . . . . . . J. . . . . . . . (Beall. . . . . . . . ID THE HANOV SURANCE COMPANY O MASSACHUSETTS BAY INSURANCE COMPANY By . . . .G:U�"G� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Carol Eaton Attorney-in-fact Form 141-0761 (1/84) The Hanover Insurance Company POWER OF ATTORNEY CERTIFIED COPY KN(1W ALL BIEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY, a corporation organized and existing under lite laws of the State of New Hampshire, does hereby constitute and appoint — Carol Eaton — of Worcester, Massachusetts and is its true and lawfid Alto rnev(s)-in-fact to sign_execute.seal, acknowledge and deliver for.and on its behalf,and as its act and deed, at any place within the United States. or. if the following line be filled in, only within the area therein designated any and all bonds• recognizances, undertakings, contracts of indenmity or other writings obligatory in the nature thereof. as folloex: Any such obligations in the United States, in any amount — 4nd said Company hereby ratifies and confirms all and whalsoecm'said:Allornel'(s)-in-1'ael may layrfnllc do in lite premises br vit1ur of lbese prrsents. � This appointment is made colder and by authority of the following Re,olnlion passed by the Board of Directors of said Compam at it meeting held un tilt' seventh day of October. 1981. it quorum being present and coling, whieh resolution is still in effeet: ,ill(SI II N Ell-Thal tilt.Pw,idem or am Cir, Presidrul, in eonjuneli...I,lith any:lssist:utl Fire l'o,idenL lw ,:cod the, are hrreb,authorized and rugnt„..red Inappuiut 111ume,r-in-furl..f the Cougnm,.in its nanu•:md xs ilf art..t..ryrrute and urknu,ylydFe loraud un it.hrhnlfas Surrlc:uo auJ all Rends.rt.roFnizaurrr.runtrurts of inOL•uwih'.,rni,rrs of citation and all nlhrn,rilinKr uLliKmun in thr nalnrc therroG,yilh po„er m altaeh then-lo the ,,al of lilt.Company. 1ny such Im inpe su ewvmted h, such:Alennmyr-ill.Ill,i'hallhr es binding upon the Congnun a,if tilt.,had Leri dud,t,,I ot,d :ud by the wgillm'1, rlrrb•J ufl'irrrr of the Cuntpau, in llu•ir umt pruper per ons... IN WITNESS WHEREOF.THE 11 ANON ER INSI R:ANCE COMP NY has caused these presents to he sealed with its rorporale sval. duly attested b_y its N ire President and its Itssislanl A ice President. this 3rd dac of September 19 87 I'HI? H\Nn\F.R ISSVR,ANCE C()Nll'\N) Vice President (Std) Issistant Vire President TIII{ COWNIONWEU:IH OF MASS\CH[ SETTS ss, COO NTS (IF WORCESTER Ohl this 3rd d:ty of eptember 19 87 . before me came the above nauu•d \ire President and Assistant A ire President of The Ilauuyer hlsuranrr Congtany.to me personalk known to be thr•individuals and offieers described herein.and aeknow ledged that the seal affixed to the preceding instrmneul is ILr vorpurate seal ofThe Hanmer Insurance Company and that ILr said rorporale sral and Iheir signatures as oflivers were 0611, affixed and ub a tet to "o instrument by Ih1'aUhoril\ and dirreliou 0tl sant Corporaloot. �7n �C�� (Seal) Notary Public MN Commission Expires May 29, 1992 1. thr undersigned Assistant A ice President of'Ihr Hanover Insm'anre Company.herebc certify that the above and foregoing is a hdl. true and correct ro ty of the Original Put,er of:Attorney issued by said Company.and do hereby further certify that the said Power of,Altoruev is still in (orcr ane effect. - This Certificate niav he .signed by fasrimile under and he anthorily of the following resolution of the Board of Directors of The Ilanoyer Insurance Company al a meeling held on the 7th day of October. 1981 111).That any and ull Pun rt..of 11bn'ue,.unJ Crrtd'ird Colors of such Poe civ nt:AIlunu•,anJ rrrtthruhon m rrsprrl Iherelu.Erwtn•d and tzrruhvl h,thel'nxidrntmanv Circ l'rrsidrnlin ruujuurlion xith um \fsistuut Circ l'n•fidrnl ul'thrl:owp;w,Shull hr LiudinE nu thr C.mnparn to flu• fame v\lett)its II all figllalttre+ Ihet'i,,n ,uTe Imttlttalk alfl\ed cyt.n though one or more of:on rurh fign:uuref lhrrn•ou ma, br fa,,m h%r (;I\ I•;N under lit.\ hand and the seal of said Company. at Worcester. Massarhuselts. this 17th da, of May 19 89 _ FORM 111-0402 NS (4/86) 0. :fasisfunt Vice President y f1�if Of , $alrm, �U99ar4uzrffs AR 11 8 27 ii'f 'SS' PaarD of '�upeal DECISION ON THE PETITION OF PHILIP H. BERUBE (PETITIONER) , PETER WOURALIS (OWNER) FOR VARIANCES AT440 BOSTON-ST (R}2) A hearing on this petition was held March 15, 1989 with the following Board Members present: James M. Fleming, Chairman; Messrs. , Bencal, Luzinski, Strout and Nutting. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. The petitioner is requesting variances from use and parking to allow the property to used as a retail paint, wallpaper, decorating accessories and window treatment. The property is located in an R-2 district and is owned by Peter Wouralis, the petitioner is under a Purchase and Sale Agreement and was represented by Attorney Anthony J. Turco. The Variances which have been requested may be granted upon a finding of the Board that: a. special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings and structures in the same district; b. literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner; c. desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. The Board of Appeal, after careful consideration of the evidence presented, and after viewing the plans, makes the following findings of fact: 1 . Business and residential neighbors were in favor of the proposal; 2. The business generally serves 15 to 30 minute customers which will not have a serious impact of the neighborhood and the parking situation; 3. The building is a commercial building in structure and it would not be feasible to use it for residential use. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1 . Special conditions exist which especially affect the subject property but not the district generally; 2. Literal enforcement of the Ordinance would work a substantial hardship on the petitioner; 3. The Variances requested can be granted without substantial detriment and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. DECISION ON THE PETITION OF PHILIP H. BERUBE (PETITIONER) , PETER WOURALIS (OWNER) FOR VARIANCES AT 40 BOSTON STREET, SALEM page two Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Variances requested, subject to the following conditions: 1 . All requirements of the Salem Fire Dept. relative to smoke and fire safety are strictly adhered. 2. The use shall be for retail paint supply, wallpaper, decorating accessories and window treatment. 3. The hours of operation shall be 7:30 a.m. to 5:00 p.m. , Monday - Saturday. 4. Petitioner obtain limited parking on Boston Street; 5. Signage be approved by the Planning Dept. and in accordance with the sign ordinance. 6. A Certificate of Occupancy be obtained. 7. All Construction be done as per the plans submitted. GRANTED Peter Strout, Member, Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK APPEAL FEO:A THI DECISION, iF P.NY. .HALL BE ?MADE PURSUANT TO SECTICN 17 :,F .. 6ENEHAL LA'JVS. C:IAP F,fl S''3. AND SHILL BE f2EJ 'NI':HIN 20 DAYS AFTER 'iP,E GATE i;"r iiiis !N (H� ::FFICE CF THE C10 CLE3'd. —rr4 U, THE V'� [A",C` -• -•- ..g�`�_ 1:1 a �'i . 1'i C3 PC3 .. .. ' ;,RAii I r,E irl _i all ::-._ C.' ° ,i Ll A ... .. .... ,R :r11. IF SUC'rI iPF�AL HAS t'.P F!LF, .r !,1 If REC'.'. .OFD IN fHE '-):J,H E'S_." RE L .R'.' OF r:... .. AND I,,'1 ED OF RECORD OR IS RECORDED AND NOfcD ON InE OrVNER'S CERTIFICATE OF WILE. BOARD OF APPEAL John S Chapman Architect 572 Washington Street Wellesley Massachusetts 02181 617 235 2242 617 235 9989 FAX I I ®UMUTE STREET PERMIT No 143 I Q-13#1i' of Igntr t s / A. (Offre of 3nepertor of Buildingo ��FrC11NF v�t'� City Hall, Z��4 19 ,6 Permission is hereby given to A . �(Spc�RCr to occupy for D/J� (2 s—f purposes in front of estate C` C (3 o j-ro ^-, $ Yi d. of sidewalk, of street. Vis permit is limited to Z" JV 19L,isubjecl to the provisions of the ordinances and statutes in relation to Streets and the Inspection and Construction of Buildings in the City of Salem. , 29 2,2¢ Director of Pu Lc Services 4 Inspector of buildings Signature of Applicant ��� - Pcz� zc a.zo.ee I I,b�lblf�6j� t I ! � ..\ I ILNN(vN 'rJr� GoeffFn�� I i I I \ Ja�y10 14 C,yr yJPI l �\� .- - ,_—. _--- � 1 I_ oh• Pfi•�tt= r•wPw — �- �IL. 1 G o;�,� I ,�•":;I,p" 1 o < 1 - - - I R..�G�°r+li,. �IU-Ev M E1'. 4ts'h'•k . 1 \ t b I A-1 I \� I L-°I't lvi 1'469 b Fxt+i b.EPtif. � NA 1 , y 1r. { it - I�� _ - �\ Vy.A v • �A SII G1Gi LIc i �� i1 � I ,N.1 Ov�- .___- - �.. I r�y"`�N \ .F h1Lr'7 ELC Oj • O - t 1//r 7� �•h F t �1 � a \ - __ �j. .<�Yosr 7o ror 6�n'I w:�,.r Nl ! 1 i r ri1 4 ac 7 - � etc`-�;. �rN�..1-� v^r �f E�F ✓. -r 2�I'� , t I Il — � I ' � -- -. I� I ��v u _J �� tEa%tr �w�� 1' � N%WF�r�� p.t`f• � ��� I� — — - - i I1 � I -. - ._-r 1 .I. LP Iyp 1N�- '!J __ U Qp A.. „ -„ I - v•A - . - �,u 120a G _ Evltir, Il l�rll 11 i 1 44 ESE✓ . + ' � � 1'ie I''1'i� 6tsio✓E 7Aµ+E1 - 1 L-- 14 1 H 41 i A V A 1 --{' - <T. J'• Go NG.SLIc �N�eSJP$ L Efi . : lC LbN 7,riG �_ h I G���ir'tc* # 'I1��� Gi E • sY�✓��Ila -�h- - v� `��\ -� � ----� ��� ' ,. rE rL � 11 \\ _ �IP"c �pit�- f='�✓151ot�, al $m 1 �I,o,'+ y, 40 BOSTON STREET 860-08 COMMONWEALTH OF MASSACHUSETTS CITY OF SALEM GIs# a :=,. 1051;:_, - 'F Map: 1 25 . Block. a SIGN PERMIT Lot.. 0059: 1� 1�1�1 Permit: .w,;qi Sign1L Category ' SIGN ') Permit# �,.. 860708 PERMISSION IS HEREBY GRANTED TO: Project#""i:. JS-2008-001375 Est. Cost:" $0.00 Contractor: License: Expires Fee Charged:$0.00.q applicant Balance Due-$.00?` ; Owner: MONDI DOMINIC _ #of Fixtures Ajr?llcant:%NIONDI DOMINIC_ DigSafe#„`, L ..e: ` wIE AT: 40 BOSTON STREET UseGroup,; ConstCtass-,a` r,.` 6 ISSUED ON: 19-Mar-2008 AMENDED ON: EXPIRES ON: 19-Aug-2008 TO PERFORM THE FOLLOWING WORK: SIGN PERMIT FOR(MINIT-PRINT)AS APPROVED jhb THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION OF ANY OF ITS RULES AND REGULATIONS. Signature: Fee Type: Receipt No: Date Paid: Check No: Amount: SIGN REC-2008-001740 19-Mar-08 x $0.00 O O GeoTMS®2008 Des Lauriers Municipal Solutions,Inc. MCI ..� � W ,�, �1 6 � ti � �j� � �r�r�'!`� hr'y � Z ^ � a h-��I �- � w � 0 1 � � 0 � �. � nr �, � U �