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35 BRIDGE STREET - ZBA (2) 3S 5�c-�d�e S-�e��- - - _ __ I Zoning Board Proiect Status Sheet Address & Applicant: 3 s Q S Date Submitted to BOA: d Clerk Stamp: o S Variances Only - Constructive Approval Date: cion days fron, I/ Abutters List Requested: VAbutters Notice Sent: Notice to Abutting Cities & Towns, Councillors: _ Legal Notice posted at City Hall: (14 days before meeting) Legal Notice Emailed & Confirmed: �f Legal Notice Posted on Web: Agenda to Applicant: Applicant's email address or fax number to send agenda: Opened at Meeting: - Continued Meetings: Extension Form(s) Signed & Clerk Stamped? Closed at Meeting: k !K �S Decision: G 2. y Decision Filed: Appeal Period Over: 1 /, after de `sim,filed) ��— 3 (21"dap cif Decision Sent to Applicant: Notice of Decision Sent to abutters,-'cities towns, councillors: ZBA ACTION FORM , iBOARD MEMBERSs� ; .MOTIONS °SECOND VIZTE': Date: 119116-- Rebecca Curran (Chair) Mike Duffy Y Petitioner: h,jer — Tom Watkins I Peter Co elas y Address: 3�- 39 8PIAP �a2T JimmyTsitsinos Jim Hacker(Alt.) Paul Viccica(Alt.) Total: 5-0 Conditions: ®Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner. ®All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. ®Petitioner shall obtain a building permit prior to beginning any construction. ©Exterior finishes of the new construction shall be in harmony with the existing structure. A Certificate of Occupancy is to be obtained. ©A Certificate of Inspection is to be obtained. ❑Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall display said number so as to be visible from the street. ©Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to,the Planning Board. ❑Unless this Decision expressly provides otherwise, any zoning relief granted does not empower or authorize the Petitioner to demolish or reconstruct the structure(s)located on the subject property to an extent of more than fifty percent (50%)of its floor area or more than fifty percent(50%)of its replacement cost at the time of destruction. If the structure is demolished by any means to an extent of more than fifty percent(50%)of its replacement cost or more than fifty percent(50%)of its floor area at the time of destruction, it shall not be reconstructed except in conformity with the provisions of the Ordinance. Q VO 0r 54 dh 57� r ❑ n ��� F - _ CITY OF SALEM MASSACHUSETTS ' � q, BOARD OF APPEAL � � g =✓ . 120 WASHINGTON STREET 4 SALEM,MASSACHUSE'I'I'SnOF9N}C _� ^ 2-' �� HIMBERLEYDRISCOLL TELE:978-745-9595 ♦ FAX:978-740-9846 LLUU��J UU[C 1 MAYOR FILE # December 2, 2015 Decision CITY GLEFK, SALEM, MASS. City of Salem Board of Appeals Petition of HIPPOLITO MADERA requesting a Special Permit from Sec. 3.1.2 of the Salem Zoning Ordinance to allow a change of a motor vehicle service use to a motor vehicle general and body repair use at the property located at 35 BRIDGE STREET(Map 36 Lot 235) (B-4 Zoning District). A public hearing on the above Petition was opened on November 21,2015 pursuant to M.G.L Ch. 40A,§ 11.The hearing was closed on that date with the following Salem Board of Appeals members present:Rebecca Curran (Chair) Peter A. Copelas,James Tsitsinos,Tom Watkins,Mike Duffy. The Petitioner seeks a Special Permit from the provisions of Sec. 3.0 Table of Principal and Accessory Ure Regulations of the Salem Zoning Ordinance,to a allow a change of use from a motor vehicle general to a motor vehicle body repair shop. Statements of fact: 1. In the petition date-stamped October 27, 2015, the Petitioner requested a Special Permit per Sec. 3.0 Table of Principal and Accessory Use Rgulations of the Salem Zoning Ordinance, to allow a change of use from a motor vehicle general service garage to a motor vehicle body repair shop. 2. Attorney Grover presented the petition on behalf of the applicant. 3. The property is located in a Wholesale Automotive Zoning District (B-4). 4. The property was used within two (2)years as an auto-repair garage,which has since vacated the building in the last several months.The property at one time operated a spray paint booth. 5. The petitioner intends to relocate an existing business on Florence Street to this location and install a spray paint booth. 6. Under the City of Salem Zoning Ordinance, the proposed use of a motor vehicle body repair shop requires a Special Permit under Section 3.1.2. 7. The petitioner proposes to a spray paint booth for light auto body work and plastic bumper painting 8. The requested relief, if granted, would allow the petitioner to change the use from a motor vehicle service garage to a motor vehicle body repair shop. 9. At the public hearing,no (0) members of the public spoke in support and no (0) members spoke in opposition to the petition. 10. 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,makes the following findings: l ` City of Salem Board of Appeals December 2,2015 Project:35 Bridge Street Page 2 of 2 Findings for Special Permit: 1. Social, economic, or community needs served by the proposal to retain an existing business in the City that fits with the automotive and industrial character of the neighborhood. 2. There are no negative impacts of traffic flow and safety, including parking and loading pertaining to the proposal. 3. Adequacy of utilities and other public services will not be affected. 4. Impacts on the natural environment,including drainage will not be affected. 5. The proposal will not have negative impacts on the neighborhood character. 6. Potential fiscal impact,including impact on the City tax base and employment may be positive. On the basis of the above statements of facts and findings,the Salem Board of Appeals voted five (5)in favor and none (0) opposed, (Rebecca Curran, Peter A. Copelas,James Tsitsmos,Tom Watkins, Mike Duffy) to approve the requested Special Permit to allow a change of use from a motor vehicle service garage to a motor vehicle body repair shop subject to the following terms,conditions and safeguards: Standard: 1' 1. 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 pemnit 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. A Certificate of Inspection is to be obtained. 8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to the Planning Board. Special Condition: 1. No vehicles or dumpsters may be located on the property along the entire length of Ferry Street. D Rebecca Curran, Chau Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appea!from this deaision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20 days of fihng of this derision in the office of the G'ty Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Sea3ion 11, the Tlaeiance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has been fled witb the Essex South Registry of Deeds. CITY OF SALEM,MASSACHUSETTS BOARD OF APPEALS coxorT9�o PETITION FORM Pv4� is CITY OF SALEM,MASSACHUS=S 9 ' ` -7� o BOARD OF APPEALS 2015 OCT 21 A 11: 08 5 a 3 l 120 WASHINGTON STREET,3RD FLOOR SALEM,MASSACHUSETTS 01970 F1l_C 7 °° - r� CITY CL EM'. S '/MINB It Thomas St.Pierre,Director of Inspectional Services Phone:978-619-5641 /Fax:978-740-9846 RE "+E"' .. —� RIMBERLEY DRISCOLL Erin Schaeffer,Staff Planner " a �' .. '7 ., MAYOR Phone:978-619-5685 /Fax:978-740-0404 OCT 21 2015 TO THE BOARD OF APPEALS: The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: c0t/R,n Address: 35 Bridge Street Zoning District: R-4 An application is being submitted to the Board of Appeal for the following reason(s): 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 Lane, in the R-2 Zoning District. The Zoning Ordinance requires the minimum depth of the rear yard to be 30 feet. The current depth of my rear yard is 32 feet; the proposed addition would reduce the depth of the rear yard to 22 feet.) See Statement of Grounds attached For this reason I am requesting: O Variance(s)from provisions of Section of the Zoning Ordinance,specifically from (i.e. minimum depth of rear yard). What is allowed is (ft?sq ft?stories? %?), and what 1 am proposing is (ft?sq ft?stories? %?). g)A Special Permit under Section 3.1.2 of the Zoning Ordinance in order to a 1 l ow an au tmmnbile repair/body repair to shop to operate ( )Appeal of the Decision of the Building Inspector(described below): ( )Comprehensive Permit for construction of low or moderate income housing(describe below): Current Property Use: auto repair Are Lot Dimensions Included?O Yes ();No Why9 no alterations (Example:Two Family Hnme) 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. L CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS PETITION FORM The following written statement has been submitted with this application: O For all Variance requests a written Statement of Hardship demonstrating the following must be attached: a) Special conditions and circumstances that especially affect the land,building,or structure involved, generally not affecting other lands,buildings,and structures in the same district; b) Literal enforcement of the provisions of the Ordinance would involved substantial hardship to the applicant;and 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. ( ) For all Special Permit requests a Statement of Grounds must be attached.An application for a special permit for a nonconforming use or structure shall include a statement demonstrating how the proposed change shall not be substantially more detrimental than the existing nonconforming use to the neighborhood in accordance with Section 9.4 Special Permits.Such a statement should include reference to the following criteria: a) Social,economic,or community needs served by the proposal; b) Traffic flow and safety,including parking and loading; c) Adequacy of utilities and other public services; d) Impacts on the natural environment,including drainage; e) Neighborhood character;and f) Potential fiscal impact, including impact on City tax base and employment. O For all Comprehensive Permits for construction of low or moderate income applicants should refer to M.G.L. Ch.40B § 20-23. Previous applications to the Board of Appeals involving this property have been submitted with this petition form. The Building Commissioner can provide documentation ofprevious applications to the petitioner or his representative. If dii ferentfrom petitioner. Petitioner: Hippol ito L. Madera propertyOwner: 37-39 Bridge Street Realty Trust Address: 4 Florence Street #1 Address: 39 Bridge Street, Salem, MA Telephone: (978) 729-0555 Telephone: Email: juniormadera@yahoo.com Email: r Signature: - '�-+--)1"t i� Signature: see content letter ,2015 l (Attached consent letter is also acceptable) Date: October \ Date: `J If different from petitioner. Representative: Scott M. Grover, Esq. A TRUE Address: 27 Congress Street, Suite 414 ATTEST Telephone: (J1845�8056 Signature:DateOct6, 2015 CITY CLERK DATE DPCD DATE This original application must be filed with the City Clerk STATEMENT OF GROUNDS The property that is the subject of this petition is located in the Wholesale Automotive zoning district(B-4). For over one hundred years,the property has been used for automotive/body repair purposes. For decades, it was the home of Witch City Autobody,which operated a spray paint booth there until 2003. The most recent tenant of the property was an auto repair garage which vacated the building several months ago. The petitioner intends to relocate his autobody repair business from its present location on Florence Street which is in close proximity to residential neighbors to the subject property. As part of the relocation, the petitioner intends to install a spray paint booth. The proposed use requires a Special Permit under Section 3.1.2 of the Salem Zoning Ordinance. The subject property is ideal for the operation of the petitioner. It is surrounded by similar commercial uses and open space unlike the present location of petitioner's business. There is ample space for parking of employee and customer vehicles and adequate utilities are readily available. The spray booth is fully compliant with all regulations and ordinances and will have no negative impact on the natural environment. The automotive use is also entirely in keeping with the character of the neighborhood as predominantly commercial. Finally,the issuance of this Special Permit would allow this local business to continue to operate in Salem with the associated positive fiscal impact on tax revenue and employment. Google Maps https://www.google.com/maps/@42.533321,-70.8873679,1 10ni/data... CIL A Google . • n imagery � t- K I > 02015 02015 1 / WATICC, l� I of 1 11/12/2015 3:11 PM f " •" {'��, � � ) ; � 4 r r.pro J y�Q' y I i 3 �A l z. I v t . S . c i c -i w -' { � t }. 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