64 BRIDGE STREET - ZBA (2) (a� Bre c�c�e 5'R-e.e-�c-
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Zoning Board Proiect Status Sheet
Address & Applicant:
DateeSubmitted to BOA: Z h S
d Clerk Stamp: S
Vari ces Only - Constructive Approval Date: (100 days from filing)
7d Abutters List Requested:
Ey Abutters Notice Sent: 04S
9/ Notice to Abutting Cities & Towns, Councillors:
/Legal Notice posted at City Hall: cu days before meeting)
Legal Notice Emailed & Confirmed:
d Legal Notice Posted on Web:
d Agenda to Applicant:
Applicant's email address or fax number to send agenda:
Opened at Meeting: -7
Continued Meetings: Vj Z!—
Extension Form(s) Signed & Clerk Stamped?
Closed at Meeting: S
Decision: �2
Decision Filed: Z 5 Appeal Period Over: g 11" (hY
after derision filed)
Decision Sent to Applicant: _
d/ Notice of Decision Sent to abutters, cities and towns,
councillors:
r
ZBA ACTION FORM !-BOARD MEMBERS MOTION SECOND VOTE
Date: "7l �5�1� Rebecca Curran (Chair)
Mike Duffy �(
Petitioner: 6l� c�r;dge L(.G Tom Watkins
yr
Peter Co elas
Address: Jimmy Tsitsinos
(� y Qr" yei /aw� Jim Hacker(Alt.)
Paul Viccica(Alt.)
Total:
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.
P
�Q All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to.
LCI 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 tin
P Y
obtained.
ed.
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
777 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.
El 7 5 91144rl (0'1(1">< Y
CITY OF SALEM, MASSACHUSETTS
ro' BOARD OF APPEAL
9 �
120 WASHINGTON STREET SALEM,MAssAcffusETTs OF970
u+
MmBERLEYDmscOLL TELE:978-745-9595 ♦ FAX:978-740-9846 rv'
MAYOR T C
x� r
r- N
July 29, 2015 Decision
4t �
City of Salem Board of Appeals 3
s tv
m _
Petition of SIXTY FOUR BRIDGE LLC, seeking a Special Permit per Sec. 3.3.2 Alonconforming Uses of the
Salem Zoning Ordinance to allow a partial change of a nonconforming use to another nonconforming use to
allow the first floor to be converted from office space to an art gallery with an accessory gift shop located at
the property of 64 BRIDGE STREET (Map 36 Lot 153)(R2 Zoning District).
A public hearing on the above Petition was opened on July 15, 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: Peter A.
Copelas (Vice-Chau),Jimmy Tsitsinos,Mike Duffy, Tom Watkins and Paul Viccica (alternate).
The Petitioner seeks a Special Permit from the provisions of Sec. 3.3.2 Nonconforming Uses of the Salem
Zoning Ordinance to allow a partial change of a non-conforming use to another non-conforming use to allow
the first floor to be converted from office space to an art gallery with an accessory gift shop.
Statements of fact:
1. In the petition date-stamped June 23, 2015, the Petitioner requested a Special Permit from the
provisions of Sec. 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance to allow a partial change of
a non-conforming use to another non-conforming use to allow the first floor to be converted from
office space to an an gallery with an accessory gift shop
2. Attorney Atkins presented the petition on behalf of the petitioner.
3. The petitioner proposes to partially change a non-conforming office building to an art gallery with an
accessory gift shop. The second floor will remain as an office space for the current tenant.
4. There are no proposed structural changes to the exterior of the building.
5. There are fifteen (15) on-site parking spaces and meet the zoning requirements for a retail use.
6. There are no proposed changes to traffic flow and circulation.
7. The requested relief, if granted, would allow a partial change a nonconforming use to another
nonconforming use to allow the first floor to be converted from office space to an art gallery with an
accessory gift shop.
8. At the public hearing,no members of the public spoke in favor or in opposition to the proposal.
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, makes the following
findings:
City of Salem Board of Appeals
July 29,2015
Project: 64 Bridge Street
Page 2 of 2
Findings for Special Permit:
1. The proposed change from would not be more substantially detrimental than the existing non-
conforming structure and will significantly benefit the social, economic or community needs served by
the proposal
2. There are no impacts on traffic flow and safety,including parking and loading.
3. Adequacy of utilities and other public services are sufficient.
4. There are no impacts on the natural environment,including drainage.
5. The proposal conforms to the existing neighborhood character.
6. The potential fiscal impact, including impact on the City tax base is positive due to the anticipated
rehabilitation of the residential units and new commercial space.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5)in favor
(Peter A. Copelas (Vice-Chair), Jimmy Tsitsinos, Mike Duffy, Tom Watkins, Paul Viccica (alternate)) and
none (0) opposed, to approve the requested Special Permit to allow a partial change of a nonconforming use
to another nonconforming use to allow the first floor to be converted from office space to an art gallery with
an accessory gift shop subject to the following terms, conditions and safeguards:
Standard Conditions:
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 subuutted 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 finished of the new construction shall be in harmony with the existing structure.
6. A Certificate of Inspection is to be obtained.
7. A Certificate of Occupancy 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.
Rebecca Curran, Chair
Board of Appeals
x
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 Massacbusettr Genera!Laws Chapter 40A, and sball be filed within 20
days of frk'ng of this demion in the ofice of the City Clerk. Pursuant to the Massacbuseth Genera!Laws Chapter 40A, Section 11, the Variance or
Special Pemrit granted herein shall not take effect until a copy of the deci.nan bearing the certificate of the City Clerk har been filed with the Esrex South
Registry of Deedf.
RONAN, SEGAL & HARRINGTON
ATTORNEYS AT LAW
FIFTY-NINE FEDERAL STREET
JAMES T.RONAN(1922-1987) SALEM,MASSACHUSETTS 01970-3470
JACOB S.SEGAL
MARY PIEMONTE HARRINGTON
GEORGE W.ATKINS 111
TEL(979)744-0350
FAX(978)744-7493 FILE NO.S-1255
OF COUNSEL
JOHN H.RONAN
MICHAEL J.ESCHELBACHER
June 23, 2015
1EE VE r,q
Zoning Board of Appeals JUIN; 2 3 2015
City of Salem NNINr
DCP7' e _
120 Washington Street, 3`d Floor co1AA1U.kfly ' MZMT
Salem, MA 01970
ATTN: Erin Schaeffer
RE: 64 Bridge Street, Salem
Dear Ms Schaeffer:
Enclosed for filing with regard to the above-captioned location is a petition
together with 9 copies of Survey Plan of Land. Also enclosed are filing fee checks.
Please see to assignment of this matter to the Board's agenda for the meeting of
July 15, 2015.
Ve lyyou�
rge W. Atkins III
GWA/dap
Enclosures
CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
PETITION FORM
CITY OF SALEM, MASSACHUSETTS
1 BOARD OF APPEALS 7015 JUN 23 P 12: 43
Y 120 WASHINGTON STREET 3RD FLOOR FILL_
SALEM,MASSACHUSETTS 01970 CITY CLERh. : ALEM, HASS,
KIMBERLEY DRISCOLL
MAYOR Thomas SL Pierre,Director of Inspectional Services
Phone:978-619-5641/Fax:978-740-9846
Erin Schaeffer,Staff Planner JUM L 3 20M5
Phone:978-619-5685/Fax:978-740-0404
u
TO THE BOARD OF APPEALS DEPT OF PLANNING
pq'FL0,-•r7E!`!T
The Undersigned represent that he/she ishwe the proposed owner of a certain parcel of land located at:
Address: 64 Bridge Street Zoning District: R-2
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 a 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 ofthe rear yard to 22 feet.)
The applicant is proposing to change a portion of the nonconforming use of the building currently used for
commercial offices. The proposed nonconforming use of the first floor is an art gallery with accessory gift
shop. The second floor will remain as office use.
For this reason I am requesting:
( )Variance(s)from provisions of Section of the Zoning Ordinance,specifically from
(i.e. minimum depth ofrear yard).
What is allowed is (ft?sq ft?stories? %?), and what I am
proposing is (ft?sgft?stories? %?).
(X )A Special Permit under Section 3.3.2 of the Zoning Ordinance in order to allow a partial change
of nonconforming use.
( )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: Offices Are Lot Dimensions Included? (X ) Yes ( )No Why?
(Example:Two Family Home)
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:
CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
PETITION FORM
The following written statement has been submitted with this application:
( ) 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 involve 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.
(X) 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.
( ) For all Comprehensive Permits for construction of low or moderate income applicants should refer to M.G.L.
Ch.40B §20-23.
Previous application to the Board of Appeals involving this property have been submitted with this petition
form. The Building Commissioner can provide documentation ofprevious application to the petitioner or his
representative.
If different from petitioner.
Petitioner: Sixty Four Bridge LLC PropertyOwner: MJMJ.Inc.
Address: c/o 2021 Commonwealth Ave,Boston MA Address: 119 Water Street,Beverly,MA 01915
Telephone: 917-549-2052 Telephone:
Email: Email:
Signatur Signature: See attached
Cevin Soling (Attached consent letter is also acceptable)
Date: Iune,;%2015 Date:
If different from petitioner.,
Representative: Attv George W.Atkins III
A TRUE Address: 59 Federal S ot-SatemMA 01970
ATTEST Leephone 78-744-0350 Xl
re2015
CITY CLERK DATE DPCD DATE
This original application must be filed with the City Clerk.
June 11, 2015
Salem Zoning Board of Appeals
120 Washington Street, 31d Floor
Salem, MA 01970
Re: 64 Bridge Street, Salem, MA
Dear Board Members:
The undersigned owner of 64 Bridge Street, Salem, MA hereby authorizes 64
Bridge Street LLC, Cevin Soling, Manager, to petition the Salem Zoning Board of
Appeals for a special permit to change a nonconforming use of the property.
MJM/Inc.
711
KCA eha
STATEMENT OF GROUNDS
The change of nonconforming use from office to art gallery with accessory gift shop will not
be substantially more detrimental than the existing nonconforming use. There are fifteen existing
parking spaces on a lot of 15,246 square feet which currently serves as business offices and
previously was used as a funeral home. There will be no changes to the exterior structure and all
utilities, drainage, natural environment and traffic flow will remain the same. The proposed use will
add to the diversity of business uses in the City and continued employment and commercial taxes
paid by the property. The hours of operation will be 11 AM—6 PM Tuesday - Sunday. The
grounds and the building will continue to be maintained in the manner to which the neighborhood is
accustomed. Thus the neighborhood character will remain unchanged from current and past usage.
PLAN OF LAND MASSACHUSETTS
LOCATEDAT SURVEY
64 BRIDGE STREET CONSULTANTS
SALEM, MA p 14 SUMNER STREET
PREPARED FOR:
ro GLOUCESTER,MA 01930 °
CEVIN SOLING 617 899-0703
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CERTIFICATION J
TO BMIpGEBT
I CERTIFY THAT THIS PLAN WAS MADE FROM 4.
AN INSTRUMENT SURVEY ON THE GROUND
BETWEEN THE DATES OF JUNE 10 AND
JUNE 1T.2015 AND ALL STRUCTURES
ARE LOCATED AS SHOWN HEREON.
]HEREBY CERTIFY THAT THE PROPERTY ONES
M .*
SHOWN E LINES OWIDING EASTING OWNERSHIPS,
AND THE LINES OF STREETS AND WAY SHOWN ARE
THOSE OF PUBLIC OR PRIVATE STREETS OR WAYS
ALREADY ESTABLISHED,AND THAT NO NEW LINES
FOR DIVISION OF EXISTING OWNERSHIPS OR FOR
NEW WAYS ARE SHOWN.
I HEREBY CERTIFY THAT THIS PUJ,WAS PREPARED
IN CONFORMITY WITH THE RULES AND
REGULATIONS OF THE REGISTERS OF DEE0.5 t.
OF THE COMMONWEALTH OF MASSACHUSETTS.
THOMAS BERNARDI P.L.S. DATE:JUNE 10,2015
-,,k OF MAS��i'
E THOMAS P. m�
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I
CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
PETITION FORM
CITY OF SALEM, MASSACHUSETTS
nn BOARD OF APPEALS
1.20 WASHINGTON STREET,3RDFLOOR 10151,JUN 2 3 P 12:' 4 3
SALEM,MASSACHUSETTS 01970
FILE #
CITY CLEP,K. SALEM, MASS,
KimBERLEY DFiSCOLL
MAYOR Thomas SL Pierre,Director of Inspectional Services ` ^ yµ--�
Phone:978-619-5641/Fax:978-740-9846 E C E I V E
Erin Schaeffer,Staff Planner
Phone:978-619-5685/Fax:978-740-0404 JUM 232015
TO THE BOARD OF APPEALS DEPT.OF PLANNING g
COPfin.'tUR4 TY DEDfELOP.M,ENT
The Undersigned represent that he/she is/are the proposed owner of a certain parcel of land located at:
Address: 64 Bridge Street Zoning District: R-2
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:
/am proposing to construct a 10'X 10'one story addition to my home located a 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.)
The applicant is proposing to change a portion of the nonconforming use of the building currently used for
commercial offices The proposed nonconforming use of the first floor is an artalg_lery with accessory gift
shop The second floor will remain as office use.
For this reason I am requesting:
(�Variance(s)from provisions of Section of the Zoning Ordinance, specifically from
(i.e. minimum depth of rear yard).
What is allowed is (rt?sq ft?stories? %?), and what I am
proposing is (ft?sq ft?stories? %?).
(X )A Special Permit under Section 3.3.2 of the Zoning Ordinance in order to allow a partial change
of nonconforming use.
( )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: Offices Are Lot Dimensions Included? (X ) Yes ( )No Why?
(Example:Two Family Nome)
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.
CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
PETITION FORM
The following written statement has been submitted with this application:
( ) 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 involve 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.
(X) 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.
( ) For all Comprehensive Permits for construction of low or moderate income applicants should refer to M.G.L.
Ch.40B §20-23.
Previous application to the Board of Appeals involving this property have been submitted with this petition
form. The Building Commissioner can provide documentation of previous application to the petitioner or his
representative.
If different from petitioner.
Petitioner: Sixty Four Bridge LLC Propertyowner: MJMJ, Inc.
Address: c/o 2021 Commonwealth Ave.Boston MA Address: 119 Water Street,Beverly,MA 01915
Telephone: 917-549-2052 Telephone:
Email: Email:
Signator Signature: See attached
Cevin Soling (Attached consent letter is also acceptable)
Date: Junes 2015 Date:
If different from petitioner:
Representative: Atty Geode W.Atkins III
A TRUE Address: 59 Federal Street--Salem MA 01970
ATTEST Lelephone 78-744-0350 Xl
are: 2015
CITY CLERK DATE DPCD DATE
This original application must be filed with the City Clerk.
June 11, 2015
Salem Zoning Board of Appeals
120 Washington Street, 3rd Floor
Salem, MA 01970
Re: 64 Bridge Street, Salem, MA
Dear Board Members:
The undersigned owner of 64 Bridge Street, Salem, MA hereby authorizes 64
Bridge Street LLC, Cevin Soling, Manager, to petition the Salem Zoning Board of
Appeals for a special permit to change a nonconforming use of the property.
MJM/Inc.
STATEMENT OF GROUNDS
The change of nonconforming use from office to art gallery with accessory gift shop will not
be substantially more detrimental than the existing nonconforming use. There are fifteen existing
parking spaces on a lot of 15,246 square feet which currently serves as business offices and
previously was used as a funeral home. There will be no changes to the exterior structure and all
utilities, drainage, natural environment and traffic flow will remain the same. The proposed use will
add to the diversity of business uses in the City and continued employment and commercial taxes
paid by the property. The hours of operation will be 11 AM—6 PM Tuesday - Sunday. The
grounds and the building will continue to be maintained in the manner to which the neighborhood is
accustomed. Thus the neighborhood character will remain unchanged from current and past usage.
PLAN OF LAND MASSACHUSETTS
LOCATED AT SURVEY'
64 BRIDGE STREET _ CONSULTANTS
SALEM, MA p 14 SUMNER STREET
PREPARED FOR: m
CEVIN SOLING GLOUCESTER,R401930
61]899-0]03
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CERTIFICATION
70BRIDGEW
NT
1 CERTIFY THAT THIS PLAN WAS MADE FROM
FREW
ANINSTRUMENT DATES F ONE WGROUNO
JUNE 17.
DATES STRUCTURES JUNE LOCATED
AND ALLHO STRUCTURES
AIiE LOCATED A$SHOWN HEREON.
1 HEREBY CERTIFY THAT THE PROPERTY LINES
SHOWN ARE LINES DIVIDING E%ISPNG OWNERSHIPS,
AND THE LINES OF STREETS AND WAY SHOWN ARE
THOSE OF PUBLIC OR PRIVATE STREETS OR WAYS
ALREADY ESTABLISHED,AND THAT NO NEW UNES
FOR DIVISION OF EXISTING OWNERSHIPS OR FOR
NEW WAYS ARE SHOWN.
HEREBY CERTIFY THAT THIS PLAN WAS PREPARED
IN CONFORMITY WITH THE RULES AND
REGULATIONS OF THE REGISTERS OF DEEDS
OF THE COMMONWEALTH OF MASSACHUSETTS.
THOMAS BERNARDI P.L.S. DATE:JUNE 1 B,2015 '
�ZH OF Mq
2�4$ GyG
F THOMAS P. 4
a BERNAP01,
NO.49190 "
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