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96 BRIDGE STREET - ZBA 1 --- J Zoning Board Proiect Stat..- ci',o t Address & Applicant: Date Submitted to BOA: EY"' Clerk Stamp: Variances Only - Constructive Approval Date. tloo days from filing) C( Abutters List Requested: a/Abutters Notice Sent: Notice to Abutting Cities & Towns, Councillors: _ 12/ Legal Notice posted at City Hall: (I4 days before,neeting) Legal Notice Emailed & Confirmed: ,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: I Z7-o Decision: Decision Filed: $ 3 I (, Appeal Period Over: after decision filed) Z 2]"day W Decision Sent to Applicant: Notice of Decision Sent to abutters,-'cities towns, councillors: ZBA ACTION FORM Date: ebecca Curran Chair Mike Duffy Petitioner: /I064 4,a4 i f Tom Watkins Peter Co elas Address: R(p 9ri dye 64ve) Jinn Tsitsinos Sg1En, Jim Hacker(Alt. Paul Viccica(Alt.) �G Conditions: Total: ®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. x ❑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(501/o)of its floor area or more than fifty percent(501/o)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. ❑ fj 7%c„t�4�/ ��cOhIn1T,�0 'sem CITY OF SALEM MASSACHUSETTS BOARD OF APPEAL ��tM1iVE� 120 WASHINGTON STREET♦ SALEM,MASSACHUs�yn, 7 1 KIMBERLEY DRISCOLL "TELE:978-745-9595 ♦ FAx:978-740-9846`°'" "3 A MAYOR CITY ".'. August 3, 2016 Decision City of Salem Board of Appeals ' Petition of ROBERT LIANI, JR. (COFFEE TIME BAKE SHOP INC.) seeking Variances requesting relief from Sec. 4.1.1 Table of Dimensional Requirements from minimum side yard setback and rear yard setback to allow the installation of a 6' x 6' outdoor refrigerator at the property of 96 BRIDGE STREET (Map 36 Lot 117) (112 Zoning District). A public hearing on the above Petition was opened on July 20, 2016 pursuant to M.G.L Ch. 40A, g 11 and closed on this date with the following Salem Board of Appeals members present: Rebecca Curran (Chair), Peter A. Copelas,Jimmy Tsitsinos,Paul Viccica (alternate). The petitioner is seeking Variances requesting relief from Sec. 4.1.1 Table of Dimensional Requirements from minimum side yard setback and rear yard setback to allow the installation of a 6' x 6' outdoor refrigerator. Statements of fact: 1. In the petition date-stamped June 15, 2016, the Petitioner requested a Variance per Sec. 4.1.1 Table of Dimensional Requirements from minimum side yard setback and rear yard setback to allow the installation of a 6' x 6' outdoor refrigerator. 2. Attorney Quinn presents the petition. 3. The petitioner, Coffee Time Bake Shop Inc., is proposing to install a refrigerator at the rear of the property next to an existing freezer. 4. The proposed location of the refrigerator is 29.0' feet from the rear lot line where 30 feet is required, and 7.4' feet from the side yard lot line where 10 feet is required. 5. At the public hearing no members of the public spoke in favor of and no members spoke in opposition to, the petition. The Salem Board of Appeals, after careful consideration of the evidence presented atthepublic 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: City of Salem Board of Appeals August 3,2016 Project: 96 Bridge Street Page 2 of 2 Findings for Variances: 1. 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 is that the existing lot is an odd shape corner lot. 2. Literal enforcement of the provisions of the Ordinance would create a substantial and unique hardship as there is no alternative location for the outdoor refrigerator to be in the service area behind the building. 3. The desired relief may be granted without nullifying or substantially derogating from the intent of the district or purpose of the City of Salem Zoning Ordinance. On the basis of the above statements of facts and findings, the Salem Board of Appeals voted four (Rebecca Curran (Chair), Peter A. Copelas,Jimmy Tsitsinos, Paul Viccica (alternate) in favor and none (0) opposed, to allow the petitioner to installation a 6' x 6' outdoor refrigerator subject to the following terms, conditions and safeguards: a Standard: 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. A Certificate of Inspection is to be obtained. 6. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 1 d Rebecca Curran, Chair Board of Appeals 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 Massachusetts General Laws Chapter 40A, and shall be filed within 20 days of filing of this decision in the office of the City Clerk. Purmant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or Special Perma granted berein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has been filed with the Essex South Re stg of Deeds. CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS � X44 PETITION FORM CITY OF SALEM,MASSACHUSETTS \ ` BOARD OF APPEALS (5 Yj; toes �u� i s P o f 120 WASHINGTON STREET,San FLOOR 2: SALEM,MASSACHUSETTS 01970 Thomas St Pierre,Director of Inspectional Service Phone: 978-619-5641 /Fax:978-740-9846 KmBERLEY DRiscoLL Erin Schaeffer,Staff Planner MAYOR Phone: 978-619-5685 /Fax:978-740-0404 TO THE BOARD OF APPEALS: OEpT OF P�v LOp NiE!iT The Undersigned represent that he/she is/are the owners of a certain parcel of land located at,-,O Y D Address: 96 Bridge Street, Salem 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'ane 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.) Propose to install 6' x 6' outdoor refrigerator adjacent to rear door of building as shown on accompanying Plan. This requires dimensional relief from Section 4.1.1 of Ordinance as follows: Request 7.4' side set back where Ordinance requires 10' Request 7.4' rear set back where Ordinance requires 30' , and 'r @- -I leaftem raquir-as For this reason I am requesting: (g)Variance(s)from provisions of Section 4.1.1 of the Zoning Ordinance,specifically from (i.e. minimum depth of rear yard). What is allowed is See above (ft?sq ft?stories? W), and what I am proposing is (ft?sq ft?stories?%?). ( )A Special Permit under Section of the Zoning Ordinance in order to ( )Appeal of the Decision of the Building Inspector(described below): O Comprehensive Permit for construction of low or moderate income housing(describe below): Coffee Sop & Current Property Use: Bakery Are Lot Dimensions Included?()D Yes O 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. s • 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 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 different from petitioner: Robert Liani, Jr. , President Petitioner: Coffee Time Bake Shop, Inc, . Property Owner: Address: 96 Bridge Street Address: Telephone: 978-744-0995 Telephone: Email: rliani cof f eetimebakeshop.net Email: ✓ Signature: Signature: (Attached consent letter is also acceptable) Date: //Ji Me 10, 2016 Date: If different from petitioner. Representative: William F. Quinn, Esq. A TRUE Address: 27 Congress Street, Salem, MA 01970 ATTEST Telephone: //9//78-745-8065 ext. 110 Signature: ZLXc;et ee--7r /"Zv Date: June 10, 2016 Email; billquinnlaw@gmail.com CITY CLERK DATE DPCD DATE This original application must be filed with the City Clerk. Statement of Hardship for 96 Bridge Street This statement is submitted in support of the application of Coffee Time Bake Shop, Inc.for a variance for dimensional relief only to allow the installation of an outdoor refrigerator on the premises, as shown in the Plan that accompanies the application. Coffee Time operates a coffee shop and bakery at the locus as a legal pre-existing non- conforming use of the premises in this R-2 zoning district. It is a long-standing, popular and well respected business in the community. The existing footprint of the building on the lot,the fact that it is located on the corner of two public streets and has two rear lot lines,the smaller of which is only 10.4 feet from the rear side and service entrance of the building, creates a narrow space for the installation of the outdoor refrigerator which the applicant needs to operate his business. These are special circumstances that affect this land and do not generally affect the other lands and buildings in this same zoning district. A literal enforcement of the dimensional provisions of the Ordinance involves a substantial hardship to the applicant arising out of the size and shape of the lot and the special circumstances cited above. Granting the relief requested will enhance the ability of Coffee Time to operate and grow its business,allow it to continue to employ neighborhood residents, provide its wonderful products to the public and allow it to continue to maintain and pay the real estate taxes on its property. For all of these reasons,the requested relief can be granted without substantial detriment to the public good, and without nullifying or derogating from the intent of the district or purpose of the Ordinance. ZONING DISTRICT - R2 REQUIRED EXISTING PROPOSED LOT AREA 15,000 10,077 10,077 FRONTAGE t00 120.00' 120.00' FRONT 15 5.2' - SIDE 10 4.9' 7.4' REAR 30 29.0' 7.4' LOT COVERAGE 35% 20% 20% MAP 36 LOT 118 4 PEARL STREET CONDOMINIUM MAP 36 LOT 4 4 PEARL ST. HEMANTKUMAR PATEL RAMILA PATEL IRON IRON 13 CROSS ST. ROD ROD FOUND N 50'21'34" E FOUND - wood fence 7,59 --- --- aof i DRILL o HOLE N N edsting SET M umpmm N 1 S 50'01'56" W 7.55' z 13rPROPOSED — REFRIGERATOR IRON 4' ROD .'o W SET *t I §,.-0: existing W 4.9• freezer ) w V s 0 MAP 36 LOT 4 ml RAYMOND YOUNG M 98 BRIDGE ST. 3 MAP 36 LOT 117 M aAREA = 10,077 t S.F. rn J ao N L6 O COFFEE TIME Q z BAKE SHOP ^W #96 L _ i; fel i DRILL 4. HOLE SET 4 85.60' S 50'03'55" W DRILL HOLE n SET granite curb BRIDGE STREET ?OPN 10 OF Mgss9 C,y O G � GAIL L m SMITH N N0.35043 ZONING BOARD OF APPEALS PLAN Fy.S OUSTER qe 96 BRIDGE STREET � LANDS SALEM PROPERTY OF I CERTIFY THAT THE BUILDINGS THE 96 BRIDGE STREET REALTY TRUST HEREON ARE LOCATED ON THE GROUND AS SHOWN. SCALE 1" = 20' MAY 19, 2016 NORTH SHORE SURVEY CORPORATION 14 BROWN ST. — SALEM, MA A /PROFESSIONAL LAND SURVEYOR (978) 744-4800 #560