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98 BOSTON STREET - BUILDING JACKET apX d C)7'` -� �a CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL R -U A & 29 120 WASHINGTON SCREE:r•SALEM,MAsSACHuSETTS 01970 KIMBERLEY DRISCOLL TELE:978-745-9595 ♦ FAX:978-740-9846 FILE # MAYOR CITY GLERN. SALEM.MASS, March 4, 2015 Decision City of Salem Board of Appeals Petition of DUARTE MACHADO requesting a Special Permit per Sec. 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance,in order to allow an existing nonconforming use of a commercial storefront to be converted to a non-conforming one bedroom apartment at the property located at 98 BOSTON STREET (Map 16,Lot 145) (B2 Zoning District). A public hearing on the above Petition was opened on February 18, 2015 pursuant to M.G.L Ch. 40A, 5 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 Uses of the Salem Zoning Ordinance. Statements of fact: 1. In the petition date-stamped January 29, 2015, the Petitioner requested a Special Permit to allow an existing nonconforming use of a commercial storefront to be partially converted to a nonconforming use of a one (1)unit apartment. 2. The petitioner presented the application. 3. The proposed one (1) unit apartment will be located in a portion of the first floor. 4. The proposed apartment is approximately 650 square feet. 5. There are no proposed changes to the windows or fa4ade of the current structure. 6. A total of nine (9) parking spaces are currently available for the mixed-use building. 7. The requested relief, if granted, would allow the Petitioner to convert a portion of a previously existing commercial storefront to a one (1)unit apartment use. 8. At the public hearing no (0) members of the public spoke in favor or in opposition of 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: W -ir City of Salem Board of Appeals March 4,2015 Project:98 Boston Street Page 2 of 2 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 there 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. 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 conforms to the existing neighborhood character. 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 four (4) in favor (Ms. Curran,Mr. Watkins,Mr. Copelas, and Mr. Tsitsinos in favor) and none (0) opposed, to grant a Special Permit per Sec. 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance,in order to allow an existing nonconforming use of a commercial storefront to be partially converted to another nonconforming use of a one (1) unit apartment 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 permit prior to beginning any construction. 5. Exterior finishes of new construction shall be in harmony with the existing structure. 6. A Certificate of Occupancy shall be obtained 7. A Certificate of Inspection shall be obtained. 8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including,but not limited to the Planning Board. Rebecca Curran,Chair Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal Jrom this decision,if mry,shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40,4, 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 Pemit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has been filed witb the Essex South Registry of Deeds. Certificate No: 892-08 Building Permit No.: 892-08 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the BUSINESS located at ----------------------------------------------- Dwelling Type 98 BOSTON STREET in the CITY OF SALEM ------------- - - - - ---------- — --------------- Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY OCCUPANCY PERMIT FOR STORE # 1 HAIR SALON This permit is granted in conformity with the Statutes and ordinances relating thereto,and expires unless sooner suspended or revoked. Expiration Date Issued On: Thu Jan 22,2009 ----- ------L--------------- GeoTMS®2009 Des Laurens Municipal Solutions,Inc. -------- ---------------------------------------------------------------- t ZII/�I2I�d �l�IIQ�II11 g WH IV S d0 AID av 3eosn o � V Oer �nto��` r � Certificate No: Building Permit No.: 892-08 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the BUSINESS located at ----------------------------------------------------- Dwelling Type 98 BOSTON STREET in the CITY OF SALEM ----- --------- - - --- - - - --------------- - - - -- -------- Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY OCCUPANCY PERMIT FOR STORE # 2 This permit is granted in conformity with the Statutes and ordinances relating thereto,and expires _ ............ unless sooner suspended or revoked. ------------------ - Expiration Date _------------------ ------------------------------------_ Issued On:Thu Jan 22,2009 - --------- — GeoTMS®2009 Des Lauriers Municipal Solutions,Inc. ----j6a ----------------------------------------- ZIWN.Hd DNIC[Ilflg WR IV S d0 AID o � V 98 BOSTON STREET 892-08 G S# v 1o9z3 COMMONWEALTH OF MASSACHUSETTS Map:_ `J 16 ar y Block ,,:, ;; CITY OF SALEM y Lot 0145 Category': ' REPAIR/REPLACE Pernut# Ul `: 89208 .; ��011sF� BUILDING PERMIT Protect# Wit''.' JS-2008-001420 Est Cost !"K , ' $9,000.00 n�� ti o Fee Charged: 4 $225.00 ;, ]3alan6e Due:„ $.00, Zb, ,- Z"; .' ; PERMISSION IS HEREBY GRANTED TO: Const. Class 4 m� '' Contractor: License: Expires Use Group:'�, +, '._ -.,. 5; Duarte Machado General Contractor-Salem#1528 fotStze(sq'ft)'3649.8924"' „ ,, �' Zoning:�„�;�.. ,,.,B2 01,01,ilq, , ,r`,g,,,-fi,,�' Owner: CHEMELSKI EDWARD J,REGINA H CHEMELSKI Units Garneil:,toG 14rvM 50 Applicant: CHEMELSKI EDWARD J,REGINA H CHEMELSKI Untts Lost,,;m'” ' -fir;r:AT: 98 BOSTON STREET Dig Safe-#: ISSUED ON. 31-Mar-2008 AMENDED ON. EXPIRES ON: 30-Sep-2008 TO PERFORM THE FOLLOWING WORK: NEW ROOF/INTERIOR RENOVATIONS POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbing Building Underground: Underground: Underground: Excavation: /(C Service: Meter 'q �U Footings: Rough: / Rough: .I ,1'/�t''` Rough: Foundation: Final: //�O QFinal- Rough Frame: / Fireplace/Chimney: D.P.W. Fire Health Insulation: Meter: Oil: Final: House 0 Smoker Water: Alarm: Q Assessor Treasury: Sewer: Sprinklers: Final: ©k C/O THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION OF OF ITS RULES AND REGULATIONS. Signature: Fee Type. Receipt No: Date Paid: Check No: Amount. BUILDING REC-2008-001799 31-Mar-08 2227 $225.00 GeoTMS®2009 Des Lauriers Municipal Solutions,Inc. s� l J ' O T YSCYE AO 1� CITY OF SALEM BUILDING PERMIT Y