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15 BROAD STREET - ZBA L S a r�� i-re�.'c- --- - - -- �,' i i • Zonin Board Proiect Status Sheet Address & Applicant:Date Submitted to BOA: q, v( Clerk Stamp: Variances Only - Constructive Approval Date: (loo days from filing) e"' Abutters List Requested: B/ Abutters Notice Sent: r Notice to Abutting Cities & Towns, Councillors: r ,Legal Notice posted at City Hall: 14 days before meeting) Legal Notice Emailed & Confirmed: --------------- egal Notice Posted on Web: Agenda to Applicant: Applicant's email address or fax number to send agenda: Opened at Meeting: ---- t ') Continued Meetings: Extension Forms) Signed & Clerk Stamped? Closed at Meeting: Decision: G�a�te Decision Filed: ,Appeal Period Over: _ after decision tiled) Decision Sent to Applicant: Notice of Decision Sent to abutters, cities and towns, councillors: ZBA ACTION FORM Date: Rebecca Curran (Chair Mike Duffy Petitioner: S-k' Tom Watkins Address: Jimmy Tsitsinos J' Paul Viccica Alt. Total: S — Conditions: Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. CAll construction shall be done as per the plans and dimensions submitted to and approved by the Building ommissioner. 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. 0 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. Lld 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. far m CITY OF SALEM, MA'4WWi BOARD OF APP LERK r 120 WASHINGTON STREET♦SALEM,MASSACHUSETTS 01970 KIMBERLEY DmscoLL TELE:978-745-9595 ♦ FAX:978-740-9846 MAYOR May 31, 2017 Decision City of Salem Board of Appeals A public hearing for all persons interested in the petition of BRIMPTS REALTY LLC seeking Special Permits per Sec. 3.3.2 Nonconforming Uses and Sec. 3.3.3 Nonconforming Structures to extend a non-conforming use and reconstruct a non-conforming building. The petitioner is also requesting a Variance per Sec. 3.3.4 Variance Required and Sec. 4.1.1 Table of Dimensional Requirements of the Salem Zoning Ordinance, to allow the petitioner to change a non-confomming structure in such a manner as to increase an existing nonconformity and for relief from the rear and side yard setback requirements at the property of 15 BROADWAY(Map 32 Lot 55)(1 Zoning District) A public hearing on the above Petition was opened on May 17, 2017 pursuant to M.G.L Ch. 40A, § 11 and closed on that date with the following Salem Board of Appeals members present: Rebecca Curran (Chair), Tom Watkins,Mike Duffy,Jimmy Tsitsinos, and Paul Viccica (alternate). The petitioner is seeking a Special Permit per Sec. 3.3.2 Nonconforming Uses and Sec. 3.3.3 Nonconforming Structures to extend a non-conforming use and reconstruct a non-conforming building. The petitioner is also requesting a Variance per Sec. 3.3.4 Variance Required and Sec. 4.1.1 Table of Dimensional Requirements of the Salem Zoning Ordinance, to allow the petitioner to change a non-conforming structure in such a manner as to increase an existing nonconformity and for relief from the rear and side yard setback requirements. Statements of fact: 1. Attorney Scott Grover presented the petition on behalf of the applicant. 2. In the petition date-stamped April 25, 2017, the petitioner requested a Special Permit per Sec. 3.3.2 Nonconforming Uses and Sec. 3.3.3 Nonconforming Structures to extend a non-conforming use and reconstruct a non-conforming building. The petitioner is also requesting a Variance per Sec. 3.3.4 Variance Required and Sec. 4.1.1 Table of Dimensional Requirements of the Salem Zoning Ordinance,to allow the petitioner to change a non-conforming structure in such a manner as to increase an existing nonconformity and for relief from thereat and side yard setback requirements 3. The property is located in an Industrial Zoning District. 4. The petitioner currently operates a construction/carpentry business in addition to providing space for three (3) other contractors in the current building. 5. The existing building construction/carpentry businesses are non-conforming uses. The existing property is in poor condition and an underutilized property. The petitioner is proposing a new structure and associated paved parking to provide much needed indoor workshop and contractor spaces. City of Salem Board of Appeals May 31,2017 Project: 15 Broadway Street Page 2 of 4 6. The petitioner is proposing to raze the existing budding to construct a 3,360 +/- square foot one- story structure with a mezzanine level above. The proposed structure will be parallel to Broadway and include four (4) small contractor bays for workshop space and storage or office space. 7. The existing building is dimensionally non-conforming as to front yard, rear yard and side yard setbacks. The proposed new building does not increase the existing non-conformities with respect to the setbacks on the east side and rear yard setback. 8. The west side yard setback is a new non-conformity. The petitioner is proposing a side yard setback of eleven (11� feet where thirty (30� feet are required. 9. The existing lot is 10,000 square feet with required rear yard, side yard and front yard setbacks of 30' feet in the Industrial Zone. 10. The requested relief, if granted, would allow the petitioner to extend a non-conforming use and reconstruct a non-conforming building.A Variance per Sec. 3.3.4 Variance Required and Sec. 4.1.1 Table of Dimensional Requimments of the Salem Zoning Ordinance, would allow the petitioner to change a non-conforming structure in such a manner as to increase an existing nonconformity and for relief from the rear and side yard setback requirements. 11. The property abuts a plumbing business where the business owner also lives at the property. This is the only residential property on Broadway. There are many businesses on this street including machine shops, sea food processing plant, body shops and other commercial businesses in this neighborhood. 12. At the public hearing the petitioner presented a petition to the Board, five (5) members of the public spoke in favor of, and none (0) opposed 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: Findings for Special Permit: The Board finds that the proposed expansion of a non-conforming use is not substantially more detrimental than the existing non-conforming use. The Board also finds that the proposed expansion to alter a non-conforming structure is not substantially more detrimental than the existing non- conforming structure. 1. Social,economic and community needs are served by the proposal. 2. Traffic flow and safety,including parking and loading is adequate. 3. Adequacy of utilities and other public services will not be negatively impacted. 4. Impacts on the natural environment,including drainage will remain the same. 5. The proposal fits with the character of the neighborhood. 6. Potential fiscal impact including impact on City the tax base and employment is positive. City of Salem Board of Appeals May 31,2017 Project: 15 Broadway Street Page 3 of 4 Findings for Variance: 1. There are 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. 2. The literal enforcement of the provisions of the Ordinance would involve substantial hardship to the applicant as the required rear yard, side yard, and front yard setback requirements are thirty (30D feet, which severely restricts development on the site. 3. Desirable relief may be granted without substantial detriment to the public food, and without mollifying or substantially derogating from the intent of the district or the purpose of the ordinance. On the basis of the above statements of facts and findings,the Salem Board of Appeals voted five (5)in favor (Rebecca Curran (Chair), Tom Watkins, Mike Duffy,Jimmy Tsitsinos, and Paul Viccica (alternate)) and none (0) opposed, to grant a Special Permits per Sec. 3.3.2 Nonconforming Uses and Sec. 3.3.3 Nonconforming Structutes to extend a non-conforming use and reconstruct a non-conforming building. The petitioner is also requesting a Variance per Sec. 3.3.4 Variance Requited and Sec. 4.1.1 Table of Dimensional Requirements of the Salem Zoning Ordinance, to allow the petitioner to change a non-conforming structure in such a manner as to increase an existing nonconformity and for relief from the rear and side yard setback requirements, 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 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 finished 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 Conditions: 1. The petitioner shall construct the building along the existing non-conforming west side yard to increase the east side yard setback to fifteen (15') feet. 2. The curbcut shall meet the dimensional requirements of the Zoning Ordinance and be thirty (30') feet or less. 3. The petitioner shall pave the front parking area and driveway prior to a Certificate of Occupancy. 4. A fence shall be maintained all the way around the property. City of Salem Board of Appeals May 31,2017 Project: 15 Broadway Street Page 4 of 4 5. There shall not be any outside storage of construction`materials. 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 Massachusetu General Lams Chapter 40A, and shall be feled wthr'n 20 drys of fik'ng of this deasion in the ofia of the Csly Clerk Pursuant to the Marrachusetts General Lams Chapter,40A, Section 11, the Variance or Special Permit granted bmn shall not take effect until a ropy of the deanon bearing the certificate of the City Clerk has been filed udth the Essex South Registry of Deeds. r. y CTrY OF SALEM, MASSACHUSETTS BOARD OF APPEALS PETITION FORM CITY OF SALEM,MASSACHUSETTS BOARD OF APPEALS �J 1 120 WASHINGTON STREET,3R *111001101?" SALEM,MASSACHUSETTS 01970t c'_'_ Thomas St.Pierre,Director of Inspectional Services t { b Phone:978-619-5641 /Fax:978-740-9846 r6L'7 KIMBERLEY DRISCOLL Erin Schaeffer,Staff Planner '" f V MAYOR Phone:978-619-5685/Fax:978-74�-04Q A I �` �,y � r— O ..,9 D rn a TO THE BOARD OF APPEALS: W-X ? C4 x O The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: w, CD. . Address: 15 Broadway Zoning District: I 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: 1 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 feel; 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: (x)Variance(s)from provisions of Section 4.1.1 of the Zoning Ordinance,specifically from minimum set backs (i.e. minimum depth ofrear yard). What is allowed is 30 ft. (ft?sq ft?stories? %?), and what 1 am proposing is 11 ft. (ft?sq ft?stories? %?). Sections 3.3.2, 3.3.4 (x)A Special Permit under Section and 3.3.3 of the Zoning Ordinance in order to Extend a non-conforming use and reconstruct a non-confirming building. ( )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:Construction Are Lot Dimensions Included?(x)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. CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS PETITION FORM The following written statement has been submitted with this application: (x) 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. (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 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: Petitioner:Brimpts Realty LLC Property Owner:Same as petitioner Address: 15 Broadway, Salem, MA Address: Telephone: Telephone: Email:egmpX ildingcompanyyeriz .m Email: Signatu : td Signature: � ��/ (Attached consent letter is also acceptable) Date:February 16, 2017 fir'( Date: If different from petitioner: Representative:Scott M. Grover, Esq. A TRUE Address:27 Congress Street, #414, Salem, MA ATTEST Telephone:976'7 8065 x101 Signature: Date:Fery 16, 017 CITY CLERK DATE DPCD DATE This original application must be filed with the City Clerk Statement of Grounds The petitioner currently operates a small construction/carpentry business out of the building at 15 Broadway. He is proposing to raze the existing building on the property and to construct a new building divided into four units designed for contractor workshops and storage of the building supplies.The property is located in the Industrial (1) zoning district. The existing use of the building for a construction business is not allowed in the Industrial District, so the extension of this legally non-conforming use can be allowed by Special Permit under Section 3.3.2. The proposed new structure will consist of one story with a mezzanine above for storage and will have a footprint of 3,360 s.f.The building will cover approximately 34%of the 10,000 s.f. lot which is significantly less than the 45%coverage allowed in the district.The new building also provides a front yard setback of 40 feet where the requirement is only 30 feet. However,the building does not meet the side and rear setbacks of 30 feet required in the Industrial District. The proposed new building does not increase the existing non-conformities with respect to the setbacks on the left side and rear of the property's,therefore a Special Permit could allow reconstruction in those areas. However, on the right side of the property's, a new side yard setback non-conformity is created requiring a Variance under Section 3.3.4. The Board may issue both the Special Permit for use and reconstruction of the building upon finding that the proposed reconstruction is not substantially more detrimental to neighborhood than the existing structure. In this instance,the new building will replace a run down, underutilized building.The new use will be consistent with other uses in the area and existing roadways will be adequate to handle the minor increase in traffic. Existing utilities are available to serve the property and there will be no significant impact on the natural environment as a result of the reconstruction. Finally, the new building will provide much need space for small local contractors to operate their business and the improvements to the property will increase the tax revenue to the City. The Board may issue the Variance upon finding that special conditions exist affect this property that would cause a substantial hardship if the provisions of the Zoning Ordinance were literally enforced and further that the Variance would not be detrimental to the public good or inconsistent with the purpose of the Ordinance. In this case,the small size of this lot and the large setback requirements are special conditions that combine to significantly limit the useable area of the lot and seriously diminish its value. If the 30ft setback requirements on all sides were literally applied,the building envelope would be reduced to a point that the vast majority if the property would be un-useable, causing a substantial hardship. Given the fact that the new building actually reduces existing non-conformities on three sides of the property,the relief requested does not derogate from the intent of the Ordinance. e To: The Salem Board of Appeals We the undersigned, support the application of David Clarke for the reconstruction of a 4 bay workshop structure at 15 Broadway, Salem, MA, according to the plans drawn by Siemasko & Verbridge, dated 3/6/17. �/U6c/i=�LvS v lic z"Lw May l' 2017 l�&�� ��� May to , 2017 � vajwG.1 May > 2017 OC May�, 2017 (/ may 2,,20'17 May 2017 13 . LU 101 w g 125 v~i 26 22 ' _ 14 12 9 A j 1�5jo 151 20 18 .16 4.a.. V , "' a ALI VLF., 51 File lice eault .. Z IJT=soman - T�iovm Nm SEY STREET aSN'acllrtry ER —_ lding. arom evem. � {���� c ' T B Omer, 13 11 R c. MHiscezyc ^NYmlglc R. 201 19 13 1/2na Tum 1.0.1,.. 13 R Tmm, Nc Lm,1, z _ a„t,en,„ 22 % 6;6a 26' 24 �tsma o— W"aa a _a0-5ea 28 - �ao-sprt Q ` Ms.. 34 A 203 r.., t�]wn sN 13` m w 15 g FOREST AVENUE SQ 16 0 M p�C,Vva`/ © W r223 — � 2 16 L Kt FOOD 218 2sv 220 Q z 4r 22� 48 27 224 � s1/2 Thw shanonthisslto i prorilled Wtlotl ferinfprmetionel and 224 _ planning pprpasea only.The T4Wnantlbfor theMis seO npt rcspsnsible for the misuse or morepresematlon of the data. 2Vc 0 100 200 ft Printed on 05/16/2017 at 02'44 PM it j � I i MAP 33 LOT 1 ENON ENTERPRISES, INC. 208 CANAL ST. N et 106t EXISTING BUILDING BE REMOVED MAP 32 LOT 55 11't i i't MAP 32 LOT 56 PROPOSED BUILDING RANDY BEST o 17 BROADWAY o co Oo r .- MAP 33 LOT 2 p v t LAFAYETTE ASSOCIATES O i 13 BROADWAY ' fo m t 106' x BROADWAY fI ZONING DISTRICT - I PROPOSED REQUIRED EXISTING ADDITION LOT AREA 40=15% 34% 00 LOT FRONTAGE 1 ' FRONT 3 't SIDE 't REAR 't LOT COVERAGE % ZONING BOARD OF APPEALS PLAN 15 BROADWAY SALEM `"pF&f_q s9°yG PROPERTY OF I CERTIFY THAT BUILDINGS 0 SMITH BRIMPTS REALTY. LLC HEREON ARE LOCATED ON N°-35°°3 SCALE 1" = 20' JANUARY 30, 2017 THE GROUND As sHowN. °FSSP�°STERNORTH SHORE SURVEY CORPORATION Sohl aA 14 BROWN STREET - SALEM, MA 978-744-4800 #4406 DATE PROFESSIONAL LAND SURVEYOR i it ASPHALT SHINGLE ROOFING AZEK OR EQUAL TRIM, TYP. m -_ -- - - - A -- __ - - - -- - - - -- - ---- -- - -- - - ..:...._ AZEK OR EQUAL TRIM, TYP. - - -- - -_ -:_. _ .._._,._ .. 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(C. { • � •C - ---- - -- -._ - -- ------- y h 711A Ll W A 3'x7 FIBERGLASS DOORS METAL OVERHEAD DOORS 3'x7FIBERGLASS DOORS CONCRETE PAD ° 1 boo FRONT ELEVATION REAR ELEVATION p 30G /8" = I o > + 0 E rA 53"11" AWNING WINDOWS c MEAN ROOF HEIGHT 24"x40" CASEMENT " WI ' NDOWS n p W_ 1: r / PROPERTY n Tl'-It tGti I , , r - r u 4 `L fL A Ca v U J TY LINE � �. C I lr - �I w vi U E FEMA FLOOD ZONE AE (EL I I) ---T------ ------- ---, —_ ZONE AE(EU 1 1) I --.�._ I FEMAFlOOD �''' ,: �„ .Lu �-"tir;rL 1n4,au >, �� G z w 53x41 AWNING o ` v z z WINDOWS 7 0 o nr 7rtr x u @ s ri = ¢ a ON > '#r yL" nrL T_ + z A.F.F. (TYP.) k tr 1�kr�zl [': 7r. hr-1 II M o 1 LINE OF EXISTING li BUILDING TO BE RAZED //1 c^ w ¢u 00 CRUSHED STONE���777 CONCRETE PADS N ;' j4 QJ !G @ DOORS, TYP. o T XnIl= I I + O p z I I I (� ,[� EB FU i r__',_ '7­1 _� m II II ;' r--\I- ___, �, 11 IGHT SIDE ELEVATION _-- STORAGE r--= --_4 STO E ___ STORAGE --- ---� STORAGE --- `0 I I --- --� --= --� / I ey!,/811 = ,,_011 ROOM L RO ROOM t ROOM N 1 ___________ 1 __-__ _------ ---___------_ _------------- MEAN ROOF HEIGHT ,,I I �� IY'^�r{YrT4u ,LT .�,G4'r"'I T ,`h, •�+i ,O 0 b tj 1 1 F �t i� }rtlr t x+ Sp tYt I wu t rrr, rTTT cry p iTm '�`r, .t :Y- `,`i II k +.7 i, 'i t u., -' ,. ■ ■ ■ ■ 01 7 , I _ _ .7 �. r7 IgiC; 71'Sr .71`Iu-(:`Lr' 1�"I'['P' ' 'r „ SHOP AREAS 30'-0" SETBACK I ¢ W 30" FIRSTFLOOR: 2960 SF z r �i r W y J STORAGE: 400 SF I o z = 4*1 a C WINADO 70" r to {tli tY MEZZANINE: 986 SF O trt f Yi trX I I` V tu p i i TOTAL FLOOR AREA: 4346 5F z N + / .0 7�t� i, // a M o + u • 1� I 1 n n J N b13itLL I 111 GY2 q'2 �2 2 i 3 . 'l. 7..l.1µ I;1 ftt L`wTtJ'l;} _ LI 4'.I'µ.1 . 5 �. IX1rt s 20' 4" 20'-53/a" +/ ID-6/4 L,} 20'-5/4" 20 �4' I I � I w^ I I 84'-0" I LEFT SIDE ELEVATION 30.011 SETBACK 1 T N 2 II O O ! O O O O O O ID II + 4 r 12 � rn MEAN ROOF HEIGHT Q LINE OF U151 ING BUILDING TO BE RAZED O 1 / y -- —m..-_ lk ¢ + 0H Wct 'WOOD TRUSS ROOF STORAGE o J o PROPOSED PARKING SPACES ONLY o t _ 0 I- 3 VJ +, o m o o b NOTE: THE CITY OF SALEM j Lill) FLOOD MAPS SHOW THE O WORKSHOP MEZZANINE o N 0 r� • o !� o ENTIRE AREA TO BE WITH IW o m � N a l W T/1 THE 500 YEAR FLOODPLAIN o Q v V 1 N p CONCRETE SLAB WOOD FRAMING PROPERTY LINE .................... FIRST FLOOR PLAN 60 BUILDIN SECTION BROADWAY CODE REVIEW - USE GROUP: F-I - FACTORY, MODERATE HAZARD - CONSTRUCTION TYPE: 55 - ALLOWS I STORY * 8500 SF IN AREA PER IBC TABLE 602: EXTERIOR WALLS ARE UNRATED A 1 . 1 — - TENANT SEPARATION WALLS ARE UNRATED - MEZZANINE ALLOWED IF < 1/3 FLOOR AREA BELOW -- - -- _— — ------- — -- _T - _ _.