The URL can be used to link to this page

50 BARR STREET - ZBA i 50 Barr St. R-2 C.F. TOMPKINS � V � i pita of *1IFm, ss�c�usefts I� �oarb of kupral DECISION. ON THE F=-ITTION OF C.F. TO•.5Pr;11dS & CO. FOR F. CIP.L P_.n: 1T ''.T 50 BARR. ST. i DECISION ON THE FE ITIOi OF C.F.TO✓FEI"S & CO. FOR A. SPECIAL PERMIT FOR 50 B°RR ST. , SALU! page two Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the Special Permit requested subject to the following conditions: 1 . All regulations of the Salem Fire Dept. relative to smoke and fire detectors must be adhered to; 2. Petitioner must meet with the Salem Health Dept. to devise and carry out a plan for any rodent problem on this lot; 3. All construction be done as per plans submitted and in compliance with all City and State Codes; 4. Parking in the rear of the lot is to be within two (2) feet of the rear lot line; 5. A Certificate of Occupancy for each unit must be obtained. „PErIAL PERMIT GRANTED - !2 Richard A. Bencal, Secretary F. COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARQAAV THE CITY CLERK 710 __ _. .- .. .1F ,. OF Fu '..RD OR IS E C hn: n. i� -__ ..._.. E::�nD OF i i Zy Z4- ��3 2 � (099 a ,t /Z - 5T ,6AR� ,eEFERENGE Oe-cd BK. 25�/91 P9- /o8 NOME: T)41�5 FLAN INAS GdH7YOILEC FROAY7 A TAPE :: uRVEY, NOT FQoW1 AN /N5Te4MENT sUKVEY. OFFSETS `�hDwAJ fRt A r��0)CiMkTE, PL,4N DF L AND IN - Y� 64A L E ! = 240 ' JUNE /986 BAY STATE ::5agvHy)ov6 5E,,?, lNc, '134 CABOT ST. BEYEJ2`y, MASE, SALEM BOARD OF APPEALS Petition of: C. F. Tompkins, Co. Memorandum in Support of Application for a Special Permit This Memorandum is submitted in support of an Application for a Special Permit pursuant to Sections V.B . 3 (e ) , VIII. F and IX.D of the Salem Zoning Ordinance, and for a Special Permit to alter a non-conforming structure and use, according to Section V.B. 10 of the Zoning Ordinance. The petitioner, C. F. Tompkins, Co. seeks to create three condominium units in a building which it owns at 50 Barr Street, Salem. The building is presently used as a warehouse by the petitioner . C. F. Tompkins , Co . has owned the property at 50 Barr Street since 1924 . From 1924 to the present , the building has been used as a warehouse to store various articles incidental to the petitioner 's furniture business . The petitioner has a long history as a Salem-based business . The building is presently a prior non-conforming use . It lies in an R-2 Zoning District, which does not permit use as a warehouse, but does allow use as a multi-family dwelling containing four units or less by special permit in Section V.B. 3 of the Salem Zoning Ordinance . The Barr Street area is - 1 - t primarily residential, and will benefit from the change of the use from commercial to residential . The change will also increase the available housing stock in Salem. The alteration of a prior non-conforming use by special permit to a different non-conforming use is specifically allowed under the Salem zoning Ordinance in Sections V.B.10, VIII .F and IX.D, and in General Laws Chapter 40A, Section 6, Paragraph 1 . Section V.B. 10, which mirrors the language in Chapter 40A, Section 6, states: "Extension of Non-Conformity. Notwithstanding anything to the contrary appearing in this ordinance, the Board of Appeals may, in accordance with the procedure and conditions set forth in Sections VIII .F and IX.D, grant special permits for alterations and reconstruction of non-conforming structures, and for changes , enlargement, extension or expansion of non-conforming -lots, land, structures, and uses, provided, however , that such change, extension, enlargement or expansion shall not be substantially more detrimental than the existing non-conforming use to the neighborhood . " Section VIII . F states: "Notwithstanding anything to the contrary appearing in this ordinance, the Board of Appeals may grant special permits as authorized by Section V.B.10 and Section IX.D. when the same may be granted without substantial detriment to the public good and without nullifying or substantially derogating the intent and purpose of this ordinance. " The proposed alteration is not "substantially more detrimental" to the neighborhood than the present use as a warehouse . On the contrary, the proposed use is substantially - 2 - more beneficial to the neighborhood than the present use for the following reasons: There will be no trucks moving to and from the premises , there will be no commercial activity on the premises, there will be an increase in the availability of residential housing in the area, and the use will be more aesthetically attractive than the present use. The proposed use is also more in line with the intent and purpose of the zoning ordinance since the proposed use is permitted by special permit in the R-2 District . Both the present and proposed use do not conform to the density regulations in Section VII of the Zoning Ordinance. The proposed use will conform to the height regulations, and to the parking regulations in Section VII .C. The use will not conform to the reguations relating to area, width, front yard, and side yard. However , the density non-conformity will be less detrimental to the neighborhood than with the present use. The proposed use as three condominium units is more in harmony with the general intent of the zoning ordinance to protect and promote the health, safety, convenience and general welfare of the inhabitants of the City of Salem. Finally, General Laws Chapter 40A, Section 6 states that a pre-existing non-conforming structure or use may be extended or altered providing that the special permit granting authority finds that the change shall not be substantially more detrimental to the neighborhood than the existing non-conforming use. - 3 - The petitioner requests that the Board of Appeals find that this alteration will be substantially more beneficial to the neighborhood, and to the City of Salem, and grant the following: 1 . A Special Permit pursuant to Section V.B. 3 (e ) , VIII .F and IX.D, to allow the petitioner to build three units in an R-2 zoning district ; 2. A Special Permit pursuant to Section V.B. 10 to allow the petitioner to alter a present non-conforming use and structure from a warehouse to three residential units; and 3. For such other permits and/or relief as this Board may deem necessary. Respectfully submitted, C. F. Tompkins, Co . By its attorney: Obert C. McCann ARDIFF & MORSE 10 Elm Street Danvers, MA 01923 ( 617) 774-7123 Dated: October 17, 1986 - 4 - SALEM BOARD OF APPEALS Petition of: C. F. Tompkins, Co. Memorandum in Support of Application for a Special Permit This Memorandum is submitted in support of an Application for a Special Permit pursuant to Sections V.B.3 (e ) , VIII.F and IX.D of the Salem Zoning Ordinance, and for a Special Permit to alter a non-conforming structure and use, according to Section V.B.10 of the Zoning Ordinance. The petitioner, C. F. Tompkins, Co. seeks to create three condominium units in a building which it owns at 50 Barr Street, Salem. The building is presently used as a warehouse by the petitioner . C. F. Tompkins, Co. has owned the property at 50 Barr Street since 1924. From 1924 to the present, the building has been used as a warehouse to store various articles incidental to the petitioner 's furniture business. The petitioner has a long history as a Salem-based business . The building is presently a prior non-conforming use. It lies in an R-2 Zoning District, which does not permit use as a warehouse, but does allow use as a multi-family dwelling containing four units or less by special permit in Section V.B. 3 of the Salem Zoning Ordinance. The Barr Street area is - 1 - primarily residential, and will benefit from the change of the use from commercial to residential . The change will also increase the available housing stock in Salem. The alteration of a prior non-conforming use by special permit to a different non-conforming use is specifically allowed under the Salem Zoning Ordinance in Sections V.B.10, VIII.F and IX.D, and in General Laws Chapter 40A, Section 6, Paragraph 1 . Section V.B.10, which mirrors the language in Chapter 40A, Section 6, states: "Extension of Non-Conformity. Notwithstanding anything to the contrary appearing in this ordinance, the Board of Appeals may, in accordance with the procedure and conditions set forth in Sections VIII .F and IX.D, grant special permits for alterations and reconstruction of non-conforming structures, and for changes, enlargement, extension or expansion of non-conforming lots, land, structures, and uses, provided, however , that such change, extension, enlargement or expansion shall not be substantially more detrimental than the existing non-conforming use to the neighborhood . " Section VIII .F states: "Notwithstanding anything to the contrary appearing in this ordinance, the Board of Appeals may grant special permits as authorized by Section V.B. 10 and Section IX.D. when the same may be granted without substantial detriment to the public good and without nullifying or substantially derogating the intent and purpose of this ordinance. " The proposed alteration is not "substantially more detrimental" to the neighborhood than the present use as a warehouse . On the contrary, the proposed use is substantially - 2 - more beneficial to the neighborhood than the present use for the following reasons : There will be no trucks moving to and from the premises , there will be no commercial activity on the premises, there will be an increase in the availability of residential housing in the area, and the use will be more aesthetically attractive than the present use. The proposed use is also more in line with the intent and purpose of the zoning ordinance since the proposed use is permitted by special permit in the R-2 District. Both the present and proposed use do not conform to the density regulations in Section VII of the Zoning Ordinance. The proposed use will conform to the height regulations, and to the parking regulations in Section VII .C. The use will not conform to the reguations relating to area, width, front yard, and side yard. However , the density non-conformity will be less detrimental to the neighborhood than with the present use. Thero osed use as three condominium units is more in P P harmony with the general intent of the zoning ordinance to protect and promote the health, safety, convenience and general welfare of the inhabitants of the City of Salem. Finally, General Laws Chapter 40A, Section 6 states that a pre-existing non-conforming structure or use may be extended or altered providing that the special permit granting authority finds that the change shall not be substantially more detrimental to the neighborhood than the existing non-conforming use. 3 - r The petitioner requests that the Board of Appeals find that this alteration will be substantially more beneficial to the neighborhood, and to the City of Salem, and grant the following: 1 . A Special Permit pursuant to Section V.B. 3(e ) , VIII .F and IX.D, to allow the petitioner to build three units in an R-2 zoning district ; 2. A Special Permit pursuant to Section V.B. 10 to allow the petitioner to alter a present non-conforming use and structure from a warehouse to three residential units; and 3. For such other permits and/or relief as this Board may deem necessary. Respectfully submitted, C. F. Tompkins, Co. By its attorney: ert C. McCann ARDIFF & MORSE 10 Elm Street Danvers, MA 01923 ( 617) 774-7123 Dated: October 17, 1986 4 - SALEM BOARD OF APPEALS Petition of: C. F. Tompkins, Inc. Memorandum in Support of Application for a Special Permit This Memorandum is submitted in support of an Application for a Special Permit pursuant to Sections V.B. 3( e) , VIII .F and IX.D of the Salem Zoning Ordinance, and for a Special Permit to alter a non-conforming structure and use, according to Section V.B.10 of the Zoning Ordinance. The petitioner, C. F. Tompkins, seeks to create three condominium units in a building which it owns at 47 Barr Street, Salem. The building is presently used as a warehouse by the petitioner . C. F . Tompkins has owned the property at 47 Barr Street since 1924. From 1924 to the present , the building has been used as a warehouse to store various articles incidental to the petitioner ' s furniture business . The petitioner has a long history as a Salem-based business . The building is presently a prior non-conforming use. It lies in an R-2 Zoning District , which does not permit use as a warehouse, but does allow use as a multi-family dwelling containing four units or less by special permit in Section V.B. 3 of the Salem Zoning Ordinance . The Barr Street area is primarily residential, and will benefit from the change of the use from commercial to residential. The change will also increase the available housing stock in Salem. The alteration of a prior non-conforming use by special permit to a different non-conforming use is specifically allowed under the Salem Zoning Ordinance in Sections V.B. 101 VIII .F and IX.D, and in General Laws Chapter 40A, Section 6, Paragraph 1 . Section V.B.10, which mirrors the language in Chapter 40A, Section 6, states: "Extension of Non-Conformity. Notwithstanding anything to the contrary appearing in this ordinance, the Board of Appeals may, in accordance with the procedure and conditions set forth in Sections VIII .F and IX.D, grant special permits for alterations and reconstruction of non-conforming structures, and for changes, enlargement, extension or expansion of non-conforming lots, land, structures, and uses, provided, however, that such change, extension, enlargement or expansion shall not be substantially more detrimental than the existing non-conforming use to the neighborhood ." Section VIII .F states: "Notwithstanding anything to the contrary appearing in this ordinance, the Board of Appeals may grant special permits as authorized by Section V.B.10 and Section IX.D. when the same may be granted without substantial detriment to the public good and without nullifying or substantially derogating the intent and purpose of this ordinance." The proposed alteration is not "substantially more detrimental" to the neighborhood than the present use as a warehouse. on the contrary, the proposed use is substantially - 2 - more beneficial to the neighborhood than the present use for the following reasons: There will be no trucks moving to and from the premises, there will be no commercial activity on the premises, there will be an increase in the availability of residential housing in the area, and the use will be more aesthetically attractive than the present use. The proposed use is also more in line with the intent and purpose of the zoning ordinance since the proposed use is permitted by special permit in the R-2 District. Both the present and proposed use do not conform to the density regulations in Section VII of the Zoning Ordinance. The proposed use will conform to the height regulations, and to the parking regulations in Section VII .C. The use will not conform to the reguations relating to area, width, front yard, and side yard. However, the density non-conformity will be less detrimental to the neighborhood than with the present use. The proposed use as three condominium units is more in harmony with the general intent of the zoning ordinance to protect and promote the health, safety, convenience and general welfare of the inhabitants of the City of Salem. Finally, General Laws Chapter 40A, Section 6 states that a pre-existing non-conforming structure or use may be extended or altered providing that the special permit granting authority finds that the change shall not be substantially more detrimental to the neighborhood than the existing non-conforming use. 3 - The petitioner requests that the Board of Appeals find that this alteration will be substantially more beneficial to the neighborhood, and to the City of Salem, and grant the following: 1 . A Special Permit pursuant to Section V.B.3 ( e) , VIII .F and IX.D, to allow the petitioner to build three units in an R-2 zoning district; 2. A Special Permit pursuant to Section V.B. 10 to allow the petitioner to alter a present non-conforming use and structure from a warehouse to three residential units; and 3. For such other permits and/or relief as this Board may deem necessary. Respectfully submitted, C. F . Tompkins I By its attorney: Robert C. McCann ARDIFF & MORSE 32 Maple Street Danvers, MA 01923 ( 617 ) 774-7123 Dated: September 4, 1986 4 - c SALEM BOARD OF APPEALS Petition of: C. F. Tompkins, Inc. Memorandum in Support of Application for a Special Permit This Memorandum is submitted in support of an Application for a Special Permit pursuant to Sections V.B. 3(e) , VIII .F and IX.D of the Salem Zoning Ordinance, and for a Special Permit to alter a non-conforming structure and use, according to Section V.B.10 of the Zoning Ordinance. The petitioner, C. F. Tompkins, seeks to create three condominium units in a building which it owns at 47 Barr Street, Salem. The building is presently used as a warehouse by the petitioner . C. F . Tompkins has owned the property at 47 Barr Street since 1924. From 1924 to the present , the building has been used as a warehouse to store various articles incidental to the petitioner ' s furniture business. The petitioner has a long history as a Salem-based business. The building is presently a prior non-conforming use . It lies in an R-2 Zoning District , which does not permit use as a warehouse , but does allow use as a multi-family dwelling containing four units or less by special permit in Section V. B. 3 of the Salem Zoning Ordinance. The Barr Street area is primarily residential, and will benefit from the change of the use from commercial to residential. The change will also increase the available housing stock in Salem. The alteration of a prior non-conforming use by special permit to a different non-conforming use is specifically allowed under the Salem Zoning Ordinance in -Sections V.B. 10, VIII .F and IX.D, and in General Laws Chapter 40A, Section 6 , Paragraph 1 . Section V.B.10, which mirrors the language in Chapter 40A, Section 6, states: "Extension of Non-Conformity. Notwithstanding anything to the contrary appearing in this ordinance, the Board of Appeals may, in accordance with the procedure and conditions set forth in Sections VIII .F and IX.D, grant special permits for alterations and reconstruction of non-conforming structures, and for changes, enlargement, extension or expansion of non-conforming lots, land, structures, and uses, provided, however, that such change, extension enlargement or expansion shall not be substantially more detrimental than the existing non-conforming use to the neighborhood . . ." Section VIII .F states: "Notwithstanding anything to the contrary appearing in this ordinance, the Board of Appeals may grant special permits as authorized by Section V.B.10 and Section IX.D. when the same may be granted without substantial detriment to the public good and without nullifying or substantially derogating the intent and purpose of this ordinance. " The proposed alteration is not "substantially more detrimental" to the neighborhood than the present use as a warehouse . On the contrary, the proposed use is substantially - 2 - more beneficial to the neighborhood than the present use for the following reasons: There will be no trucks moving to and from the premises, there will be no commercial activity on the premises, there will be an increase in the availability of residential housing in the area, and the use will be more aesthetically attractive than the present use. The proposed use is also more in line with the intent and purpose of the zoning ordinance since the proposed use is permitted by special permit in the R-2 District. Both the present and proposed use do not conform to the density regulations in Section VII of the Zoning Ordinance. The proposed use will conform to the height regulations, and to the parking regulations in Section VII .C. The use will not conform to the reguations relating to area, width, front yard, and side yard. However, the density non-conformity will be less detrimental to the neighborhood than with the present use. The proposed use as three condominium units is more in harmony with the general intent of the zoning ordinance to protect and promote the health, safety, convenience and general welfare of the inhabitants of the City of Salem. Finally, General Laws Chapter 40A, Section 6 states that a pre-existing non-conforming structure or use may be extended or altered providing that the special permit granting authority finds that the change shall not be substantially more detrimental to the neighborhood than the existing non-conforming use . - 3 - The petitioner requests that the Board of Appeals find that this alteration will be substantially more beneficial to the neighborhood, and to the City of Salem, and grant the following: 1 . A Special Permit pursuant to Section V.B. 3(e) , VIII .F and IX.D, to allow the petitioner to build three units in an R-2 zoning district; 2. A Special Permit pursuant to Section V.B. 10 to allow the petitioner to alter a present non-conforming use and structure from a warehouse to three residential units; and 3. For such other permits and/or relief as this Board may deem necessary. Respectfully submitted, C. F. Tompkins By its attorney: Robert C. McCann ARDIFF & MORSE 32 Maple Street Danvers, MA 01923 ( 617 )774-7123 Dated: September 4 , 1986 - 4 - Salem Board of Appeals Salem, MA Re: C . F . Tompkins Conversion of 50 Barr Street Salem, MA We, the undersigned, having reviewed the plans of C . F . Tompkins for the conversion of the warehouse located at50 Barr Street , Salem, into three condominium units, hereby inform the Board of Appeals of the City of Salem that we approve of said plans and do not appose the above-mentioned alteration. - Signature Address Signe _ Addr7 i --are Address 3 S ' ture Address Signature Address 01, s 3 1Yu*u,`L S7 Signature Address Cot Sign ure /1 Address CITY OF SALEM BOARD OF APPEAL e 745.0215 Will hold a public hearing for all persons in. terested in the petition submitted by C.F.TOMP. KINS CO. for a Special Permit to convert an ex isting warehouse into three residential units at 50 BARR ST. (R-2). Said hearing to be held WEDNESDAY, DECEMBER 10, 1986 at 7:00 P.M., ONE SALEM GREEN, 2nd floor. JAMES B. HACKER, Chairman - November 26; December 3, 1986 -------------- ---------------------------------------------------------------------- y-7 , 41lr7– J—CQinnC��/dam dT, , lNd`�� _ Ji)L_ T f s-� �•��_y__� Pet, ] pr.p � ins C-A , / furl (h-• re—o c er.'R. id( /2-2 L� f i n-✓eel 3 , IA r fic d (z ) - - ,--�e-sj 4 746z.(/ 1-143-� G�..Y`t� .�.w✓moi-✓meg �iC�%LU / i_.(/�c 1 `s� Ce- ` `' -� � • ♦ � � • � i • i0 � -------------- ------------------------------------------------------------------------------------- r z a O W cr } m Ul Ell, - - — — - — -_ - i5UIL WCC LX G C _ - - - ( 2 rano aoc�y. AREA 12 2 s•F m o 8 - _ C3ARAGEvtF�1 1'oTA1. A1`2 1582 s.F o a o - - -- - - - - — i COO DD UfA IT Na• 2 iI I (2 - - - - - - - - - - - - - - - - - - - ' -- - - - - - - - --- - - -I LIvI�AG ARF=A IS 93 SIR w C� ARAG5 A. !✓A 2 '7 r7 zF N 0 suo pEGK- -AREA LoG7 SF Ucnw= REAR ELF-VAT[ OfJ LFT S I D� �!-�VATIOiJ ToT'AI- ARFr A 9 -1520 s.F. Z W w< I-- zN I U�1 IT I I l Z ibF1�t��tJ� FL w Q -1 LIvIFJG AREA = 129(o s.F• � - GA RAf� AREA s 315 's•F• o w >ud mGK = Co0 s•�. C�3 � � ToTAI- AREA = !'131 s. . < 0 oL {iUN j z �- z Ltl } J J � w w -- ----- _ Lt- JTF uj - - - }-.f - OvwBit - — - - -- CCa I . I Oc Q Ll� LLQ ^ -' -WE F- cc) � v• d R O NT ELEVATION RIGHT- SIDE ELEVATION SCALE - 'lam" = -o" GALE O Cn z z ij Q m w O = ►—ti - II z I I cn LU 0 t Jill C UP IJP I O b�D 00 1V� � 2 b R OOH *2 ° O K ITGI-1 �4-� K ITG � � � O o 0 O w7HS -. — am � 0 00 , C �. 01 :nkr�j 1 ' qW1QG0 � 0 r 0� COOC)o ut vlr 3 - - — — — -- ----- -- - -... -- -- - -- - - - vm 30 a a vUi --- Imm-�----- ---- - ----- - ---- -- Ih - - -'-- {i -- --- -- - -- - .. ------ H w cn D UJ T wv H I R D F�--00 R P�� fJ _ Z W � ---- - - ---- - � cn w �N ^Z cn Q zz I f > � N �— II mow 2 Q i I 0U N I ' N Z I I I I Z w bF-DRooNN 2 KITGN� F� f II II I • } w \. I ! 011 N GARAGE I j GARAC? F. '2 GARACn= O1- ?yElz &Ac� - - ccs; - �� g OOL 111 Cl- _ � 111U1 pc - i NEG I-IT UP - O -- ► _ CC O o - �t — �' ------- ---- - -- w oC J1 o a- F 1 RR 1��1—� N P� �. S Z Z1'- 0m w o cn z O LL Q I I } m W Q O t i l i i Oji {� - �� T �r 1 3'Ydik9 !y'xM 'T y '.•Y"'MN�M'�iY"!1 • YY`�`'�:�.L..W "4?4W`.nF ,P.T�M'1�. "! EL WWyy 5� s �w y 3lLl wl `4,�' '� Th� :yl"Y.rgj J.{:.•W,. hC'"x1 ,..� ......r.�a;,pi""�:: 4riYn 4 ' ,' 'w7. .at+F�''L.......�"..�.:..'^ ¢ 0 U 1 � '✓� GG� � y. , 1 51 Af Q r ` 4 — t 4t1 x r w LLI H� Z .1 - /-f �tq T „ i''$ .Y i`►•s- r n !'`w '• # `�:i ; .- ______.—.--r T (n¢ i , • `K ', (j. wt' _¢ -i � 0 Lo 1 1N Wy I N r 1177 z v`S f, ui i ~ ui��. �/ /1.f1.�.'�j-[i/ � r,� t�, f I P'�f [ ♦ // � . //! . / "r� r / r /// i ' r . / ,r// / 'i:' - -- - �-i��'� 2 �� g,�0 x� �3� ' . .,tea !/.i- � ..-•i'I [ k � - � � :; ]3- 1^1 y' 1 i' � •t Al gv' <.S :-�t•w�'�(�. ..:% -A ..0�[.1R? =� d �!�/ - - � - - �' Dr`l�'�'.r V/Gc1r� _ -- - I i�. l _ _ � Imo'•_ ��, � j� � W _1 o � � m a o U- p z � z uj m w 1� j ON