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22 HANCOCK STREET - ZBA 2Z �o��cQck S�r'e�� r_ --- --� i ' -A - ____ L ---- � I i , . Zonin Board Project Status Sheet Address & Applicant: �7 Date Submitted to BOA: Clerk Stamp: Variances Only - Constructive Approval Date: poo days rrom filing) r� Abutters List Requested: 2 Abutters Notice Sent: [ Notice to Abutting Cities & Towns, Councillors: ZLe al Notice p -- Legal posted at City Hall: (14 days before meeting) d Legal Notice Emailed & Confirmed: ra Legal Notice Posted on Web; Agenda to Applicant: Applicant's email address or fax number to send agenda: Opened at Meeting: i Continued Meetings: Extension Form(s) Signed & Clerk Stamped? Closed at Meeting: , , �, � � � Decision: Decision Filed: i , , appeal Period Over: after decision filed) ��`� 2„ � (Zi"day Y Decision Sent to Applicant: E/ Notice of Decision Sent to abutters, cities and towns, councillors: ZBA ACTION FORM BO�AItiD�ME11�13ERS,� y; �MOThIO1V�,$iCOI3D� hUO�T) 4 Date: Rebecca Curran (Chair Mike Du Petitioner: Tom Watkins Peter Co elas Address: Jimmy Tsitsmos Jim Hacker(Alt.) Paul Viccica(Alt.) Conditions: Total: L'J 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. DAll 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. L:1 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(501/6)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 �destru'ctio�n, it�shall �not be reconstructed except in conformity with the provisions of the Ordinance. 1 u l e�� �c0 �e Qiyi CITY OF SALEM MASSACHUSETTS BOARD OF APPEAL IM = 120 WASHINGTON STREET*SALEM,MASSACHUSETTS 01970 JAN 4 P 2: IG KiMBERLEYDRiscoLL TELE:978-745-9595 ♦ FAX:978-740-9846 ELLE li MAYOR OTY GL€RKI`SALEK MASS. January 4, 2017 Decision City of Salem Board of Appeals Petition of TRYAD COUNSELING AND HEALING CENTER LLC, requesting a Special Permit per Sec. 3.2.2 Home Occupation to allow a professional office to be located in an existing dwelling at 22 HANCOCK STREET (Map 33 Lot 192)(R-2 Zoning District) A public hearing on the above Petition was opened on December 21,2016,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,Tom Watkins,Mike Duffy, and Jimmy Tsitsinos. The petitioner is seeking a Special Permit Special Permit per Sec. 3.2.2 Home Occupation to allow a professional office to be located in an existing dwelling unit. Statements of fact: 1. In the petition date-stamped November 18, 2016, the Petitioner requested a Special Permit per Sec. per Sec. 3.2.2 Home Occupation to allow a professional office to be located in an existing dwelling. 2. Sandrine Aegertei, owner and practitioner of Tryad Counseling and Healing Center LLC, presented the petition. 3. The property is located in an R-2 Zoning District and is a two-family home. 4. The petitioner is the proposing to have a psychotherapy/alternative healing professional office in a private home. The office will provide mental health counseling services provided by a Licensed Mental Health Clinician and energy healing services. 5. The petitioner is proposing to offer services for no more than 32 hours a week from 7am to 9:30pm Monday through Sunday. 6. The business will be operated entirely within the dwelling unit,with no display visible from the street. 7. The home occupation will be operated only the residents of the dwelling unit including Ms. Aegerter and her partner. 8. The home occupation will not utilize more than twenty-five (25)percent of the gross floor area of the dwelling unit. 9. The petitioner will install a small professional sign on the front door that does not exceed one-half (1.5) square feet. 10. There are two (2) off-street parking spaces at the property associated with the dwelling unit. The petitioner has one (1) personal vehicle and is providing one (1) parking space for her patients. The number of parking spaces provided meets the parking requirement of one (1) space for each home occupation. 11. The requested relief, if granted, would allow the Petitioner Special Permit per Sec. 3.2.2 Home Occupation to allow a professional office to be located within a dwelling unit. City of Salem Board of Appeals January 4,2017 Project:22 Hancock Street Page 2 of 3 12. At the public hearing one (1) member of the public spoke in opposition to the proposal due to parking concerns and none (0) spoke in favor,the petition. The Salem Board of Appeals, after careful consideration of the evidence presented at the public heating, 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 1. The proposed home occupation meets the criteria for a home occupation special permit 2. There are no impacts on traffic flow and safety, including parking and loading as there are three (3) on-site parking spaces that conform to the parking requirements of the Salem Zoning Ordinance. 3. The capacity of the utilities is not affected by the project 4. There are no impacts on the natural environment,including drainage. 5. The proposal improves neighborhood character as it improves the property. 6. The potential fiscal impact,including impact on the City tax base is positive. On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (Rebecca Curran (Chau), Peter A. Copelas, Jimmy Tsitsinos, Tom Watkins, Mike Duffy) in favor and none (0) opposed, to grant a Special Permit per Sec. 3.3.5 Nonconforming Single- and Two-FamijRejidenfial Structures to reconstruction, extension, alteration or change a nonconforming single or two-family structure subject to the following terms, conditions and safeguards: Standard Conditions: 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. Exterior finishes of new construction shall be in harmony with the existing structure. 6. A Certificate of Inspection shall be obtained. 7. A Certificate of Occupancy shall 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. The sole proprietor and partner shall be the only individuals to provide psychotherapy/alternative healing services at this location. City of Salem Board of Appeals January 4, 2017 Project:22 Hancock Street Page 3 of 3 'R �. r Rebecca Curran, Chau Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal fmm this ded.rion,if any,shall be made pursuant to Section 17 0,f'the Massachusetts General laws Chapter 40A,and sball be filed within 20 days of f:h'ng of this deacon in the office of the City Clerk. Pursuant to the Massmhurettr General Laws Cbapter 40A, Sertion 11, the Variance or Special Permitgranted herein shall not take effect until a copy of the derision bearing the certificate of the City Clerk bar been filed witb the Essex South Registry of Deeds. t CITY OF SALEM, MASSACHUSETTS BOARD +rOFAPPEALS PErn 1 IO7�TFORM �.t30NIN_ Tq��. CITY OF SALEM,MASSACHUSETTS BOARD OF APPEALS 1016 NOV q�1 18 120 WASHINGTON STREET,Sao FLOOR A it: 03 SALEM,MASSACHUSETTS 01970 '.. r Fii F Thomas St.Pierre,Director of Inspectional Services CITY CLERK, If Phone:978-619-5641 / Fax:978-740-9846 C ('`E'� KimBERLEY DRISCOLL Erin Schaeffer,Staff Planner RE 1J E B Y E D MAYOR Phone:978-619-5685 /Fax:978-740-0404 t TO THE BOARD OF APPEALS: NOV 18 2 0 16 The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: DEPT. OF PLANNING & ,.) 2 ' `IR11•,I� COMMUNITY DEVELOPMENT Address: � L (ol, lllftrim i Zoning District: 1\ 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: 1Tv I am proposing to construct a 10'x 10'one stay addition to my home located at 3 Salem Lane, in the R-2 Zoning District. The Zoning Ordinance requires the minimum depth ofthe rearyard to be 30feet. The current depth ofnry rear yard is 32 jeep the proposed addition would reduce the depth of the rear yard to 22 feel.) \ ir }may S� ,�-O\n V 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?sq ft?stories? (17)A Special Permit under Section' f `J 2.2 of the Zonin Ordinance in order to O Appeal of the Decision of the Building Inspector(described below): ( )Comprehensive Permit for construction of tow or moderate income housing(describe below): Current Property Use.Tk -Ci cC`Pti'�iCm'r—Are Lot Dimensions Included?( )Yes (VfNo Why. (Example.:Toro Fanaly Home) , Cclosvr 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. r 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 Pennits. 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 \ �r�ep� representative. \ I/ � �C. x F£-t irr•ig ckrc\ ,�('1n� _(t-_ L&x- If different from petitioner: Petitioner: SN\- ` y-i ne 1 'i(- Property Owner: c7 `�T Address: 2/G -/1�TC(� �^C)C_`�r7� Address: Telephone: 01 1-'\;"7- L�F� Telephone: Email: - r 'i �. Email: corn Signature: Signature: n/.� (Attached consent letter is also acceplable) Date: l�J Date: If different from petitioner: Representative: A TRUE Address: ATTEST Telephone: Signature: Date: CITY CLERK DATE DPCD DATE This original application nmst be fled with the City Clerk. i Petition for Special Permit: Statement of Grounds Petitioner: Tryad Counseling and Healing Center LLC, Sandrine Aegerter LMHC,sole proprietor 22 Hancock Street, Salem, MA sandrineaegerter@gmail.com 617-935-2245 to: City of Salem,Massachusetts Board of Appeals 11/17/16 I, as sole proprietor of Tryad Counseling and Healing Center LLC, am petitioning the City of Salem, MA Boardof appeals for Special Permit under Section 3.2.2 of the Zoning Ordinance in order to be allowed to have a Home occupation as a psychotherapy/alternative healing professional office in my private home (first floor of a two family home located at 22 Hancock Street, Salem, MA: R2 Zoning) a) Social, economic, or community needs served by the proposals The proposal is to open an office for mental health counseling services (provided by a Licensed Mental Health Clinician) and energy healing services. It will serve individual clients and couples struggling with emotional or physical problems, or looking for self-growth and couples encountering relationship problems. 18.2%of the American adult population is suffering from some mental illness. I have been extensively trained in trauma recovery and will be especially serving this client population who is unfortunately undeserved at the moment. The center will be offering services no more than 32 hours/week from lam to 9:30pm Monday through Sunday. Services will be offered by the resident of the dwelling: Sandrine Aegerter, LMHC, Reiki Master Practitioner Two rooms representing less than 25%of the surface of the dwelling will be used to this effect(in total 263.9 sqft out of the 1411 sqft of the dwelling--I 8.7%) b) Traffic flow and safety, including parking and loading Clients will be seen individually or coming as couples (one car at a time).The dwelling has an extra unused parking spot in its rear private parking lot (part of the property). As clients will be scheduled with at least 15' break in between each of them there will never be more than one car traffic added, due to the business operations. As clients will be able to use the private parking spot in the rear, the business operation will have no impact on the parking situation in the neighborhood. Sandrine Aegerter,22 Hancock Street,Salem,MA: Petition for Special Permit[Type text] Page 1 c) Adequacy of utilities and other public services No change is made to the dwelling (no added exterior or interior structure). Utilities are adequate d) Impacts on the natural environment, including drainage None e) Neighborhood character. No signage but a small professional name plate on the front door will be added. The neighborhood contains several businesses on the adjacent canal street, adding a home occupation is therefore consistent with the neighborhood character. ,n Potential fiscal impact, including impact on City tax base and employment. Business operation will be conducted by the resident of the dwelling and will have no employee. There will be no impact on City employment and taxes. Cordially, Sandrine Aegerter, LMHC Sole Proprietor of Tryad Counseling and Healing Center LLC s Sandrine Aegerter, 22 Hancock Street,Salem,MA: Petition for Special Permit[Type text] Page 2 0 00 00 00 w 0 d 100 00 r I j ry Ri �r1 i I j r CITY OF SALEM MASSACHUSETTS %.6onrDrr BOARD OF APPEAL 120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970 -� TELE;978-619-5685 FAX:978-740-0404 K NmERLEY DRISCOLL MAYOR n ti /V C7 m r C M rn x` C-11 r 1 ym J F^It City of Salem D m Zoning Board of Appeals o cn w Will hold a public hearing for all persons interested in the petition of TRYAD COUNSELING AND HEALING CENTER LLC,requesting a Special Permit per Sec. 3.2.2 Home Occupation to allow a professional office to be located in an existing dwelling at 22 HANCOCK STREET (Map 33 Lot 192 )(R-2 Zoning District) The public hearing will be held on WED. December 21, 2016 at 6:30 PM, Yd Floor, 120 WASHINGTON STREET,Rin 313. Rebecca Curran, Chair Board of Appeals Salem News: 12/7/16 & 12/14/2016 This notice posted on "Official Bulletin Board" City Hall, Salem, Mass. on DEC 0' 7 201 at q,'d3 r¢H in accordance with MGL Chap. 30A, Sections 18-25.