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315-317 ESSEX STREET - ZBA (3) 3 ►s- 3 � � �sse� s-� . cZ©o�� l � CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL �!: � I ,'q 'NASF11Nt,rON SfRELr 3R0 FL C.�:IY ' SAI FM1I AIASSACHOSF T 1'i 01 970 rld_LpHo,IE 978 7-15 9595 FA 978 7409846 KIMBERLEY DRISCOLL 1d08 MAYOR APR —2 A 11: 42 April 2, 2008 CITY CLERK LE n 5ALEM.MASS. Decision City of Salem Zoning Board of Appeals Petition of Stephen iv'Iorris requesting a Special Permit for a change in nonconforming use to allow the photography studio on the first floor to be converted to five (5) professional offices at 315-317 ESSEX STREET IR-11. A public hearing on the above Petition was opened on March 19, 2008 pursuant to Mass General Law Ch. 40A, §§ 11. The public hearing was closed on March 19, 2008 with the following Zoning Board members present: Robin Stein (Chair), Rebecca Curran, Elizabeth Debski, Richard Dionne, Annie Harris and Bonnie Belair (Alternate). Petitioner seeks a Special Permit pursuant to the following sections of the Salem Zoning Ordinance: Sec. 5-30) Extension ofnonconformity. Statements of fact: I. The petitioner, Stephen Morris, owns 315-317 Essex Street, a property located in the Residential Two Family [R-2] Zoning District, 2. Attorney George Atkins presented the petition on behalf of the petitioner. 3. Plans accompanying the petition include a plan entitled "Plot Plan 3 15-3 17 Essex' Street, Salem, MA", dated February 13, 2008, prepared by LeBlanc Survey Associates. Inc. as well as, a plan entitled"Proposed Renovations to 315 Essex Street', dated December 19, 2007, prepared by David F. Jaquith Architects & Planners. 4. The proposed renovations to the property do not involve exterior dimensional changes. 5. The petitioner is seeking a Special Permit to change the nonconforming use of portion of the first Iloor, which is approximately 2,700 square feel. and had been previously occupied by a photography studio. The new proposed use is five (5) professional offices. with shared reception, conference, 10u1111a and la%atory facilities. Both the photography studio use and the professional office use are noncontornting uses in the R-2 Zoning District. 7 G. In addition to the space for which the petitioner is seeking a Special Permit, the building currently contains thirteen (13) licensed rooming house rooms on the second and third floors, and a space on the first floor which recently became vacant. The recently vacated space housed a beauty salon at the time the application was submitted to the Board of Appeals. if the nonconforming use ot�_-� ' this space was to change, a special permit would be needed from the Board of Appeals. 7. There are ten (10) on-site parking spaces. 8. Attorney William Quinn, representing the First Church In Salem, Unitarian, spoke against the petition. Attorney Quinn submitted an Opposition Memorandum, which cites "inadequate on-site parking and traffic congestion"as grounds to deny the request. A letter of opposition was submitted by the Standing Committee of the First Church In Salem, Unitarian. Peter Copelas and William Henning, who are both affiliated with the First Church also spoke in opposition to the request. 9. Councilor At Large, Steven Pinto, spoke in favor of the request. 10. David Williams (342 Essex Street) requested that if the Board chooses to grant the petitioner's request, that they place limitations on the special permit. i f. Ward 3 Councilor, Jean Pelletier, spoke in favor of the request saying the church is exempt from the parking regulations and is a much larger use that the use proposed. The Board of Appeal, after careful consideration of the evidence presented at the public hearing, and after thorough review of the plans and petition submitted, makes the following findings: 1. The proposed change in nonconforming use would not be substantially more detrimental than the existing nonconforming use to the neighborhood. On the basis of the above findings of fact and all evidence presented at the public hearing including, but not limited to, the Plans, Documents and testimony, the Zoning Board of Appeals concludes: I. A special perniit for a change in nonconfonming use is granted to allow the first floor space which formerly housed a photography studio to house professional offices. 2. In permitting such change, the Board of Appeals requires certain appropriate conditions and safeguards as noted below. In consideration ofthe above, the Salem Board of Appeals voted, five (5) in tavor (Dionne, Stein, Curran, Harris, and Debski) and none (0) opposed, to grant petitioner's requests for variances subject to the following terms, conditions, and safeguards: a. rim•-� ,~�.. THE FIRST CHURCH IN SALEM , UNITARIAN Elie Jir5t Congregational * otietp in �balem A member church of the Unitarian Universalist Association If Essex Street Sal RECEIVE +� Salem,Massachusetts 01970 ,gk Telephone/Facsimile (978) 7441551 f.Email:firstchurch@nii.net MAR 1 S 2008 _ t - l u .firstchurchinsalem.org =•- Reverend Mr.Jeffrey Barr.Snell,Pastor and Teacher DEPT.OF PLANNING& - COMMUNITY DEVELOPMENT March 14, 2008 Robin Stein Chair Zoning Board of Appeals City of Salem Board of Appeal 120 Washington Street, 3 s Floor Salem, MA 01970 RE: March 19, 2008 Meeting,Request for Special Permit at 315-317 Essex Street Dear Ms. Stein: We are sending this letter on behalf of the First Church in Salem,Unitarian,located at 316 Essex Street. The Church received notice from the ZBA that the owner of 315-317 Essex Street is requesting a Special Permit for a change in nonconforming use to allow the current photography studio on the first floor to be converted to five professional offices. We oppose this request because additional professional office space will add to the already difficult parking situation on this block of Essex Street. The Church is in use on a daily basis. We operate a pre-school(Henny Penny) and have numerous groups and activities throughout the week. Our users often have a difficult time finding parking spaces, particularly our many elderly members and guests.The space in front of the Ropes Mansion next door to us is restricted for tour bus parking. One building over from us is the Witch House with no visitor parking. Moreover, on a regular basis,visitors to existing neighboring professional offices and businesses block our driveway, thereby disrupting our work. Very shortly work will begin on the Salem Courts project,bringing an estimated 100+construction vehicles into town, and many of them will park in our neighborhood. This project alone will add to an already tight parking situation and is expected to last for three years. Adding five professional offices with their attendant traffic directly across the street from us will further burden this neighborhood and interfere with the use of our premises. Respectfully yours, �� J C� The Standing Committee First Church in Salem,Unitarian Gathered by the Puritan settlers of Massachusetts Bay in 1629