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73-75 HARBOR STREET - ZBA (2) D I 73-75 HARBOR STREET "V 1 M� �� 1 ^RG Legal Notice RE fo CITY OF SALEM PE BOARD OF APPEAL M 745-9595 EXT.381 a, S Will hold a public hearing for all persons interested in the petition sub- mitted interested F. EASELY, TRUSTEE requesting a Special Per- mit for Change in Use/also Vari- ance\Special Permit from parking requirements for the property located at 73-75 HARBOR STREET (R-3). Said hearing to be held WEDNES- DAY,DECEMBER 17, 1997 AT 6:30 P.M., ONE SALEM GREEN, 2nd floor. ' Gary Barrett,Chairman (12/3,12/10/97) 1 _j �. (f1tv of ttlem, ttsstttl useffs 304 Jag 5 9 is Ad '98 Puma of (�u#reul egg C1Y CI SALCH. .HASS CI-Y OF LFH. HASS1 CLfRK'S OFi li;F Cl S OF ICF DECISION ON THE PETITION OF MARK F.EASLEY.TRUSTEE.FOR A VARIA AND SPECIAL PERMITS AT 73-75 HARBOR STREET.(R-3). A hearing on this Petition was held December 17, 1997 with the following Members present: Gary Barrett, Chairman: Richard Dionne,Paul Valaskagis.Nina Cohen and Albert Hill. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws chapter 40A. Petitioner, represented by Attorney George Atkins, is requesting a Special Permit for a Change in Use/also Variance/Special Permit from parking requirements for the property located at 73-75 Harbor Street. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is section 5- 30). which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance,the Board of Appeal may, in accordance with the procedure and conditions set forth in Section 8-6 and 9-4,grant Special Permits for alterations and reconstruction of nonconforming structures,and for changes,enlargement,extension or expansion of nonconforming lots, land, structures,and uses, provided, however,that such change,extension,enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. The Variances and Special Permits which have been requested may be granted upon a finding of the Board that: A. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or structures in the same district. B. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 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. The Board of Appeal, after careful consideration of the evidence presented, and after viewing the plans, makes the following findings of fact: I. There was no opposition to the Petition. 2. Jean Martin of the Point Neighborhood Action Group and Scott Gelber of 71 Harbor Street spoke in favor of the Petition. 3. The current nonconforming use for this property is a restaurant/bar serving alcoholic beverages.The proposed multiple uses will consist of three(3)units as follows: a. Take out food restaurant which will not serve alcoholic beverages. b. Professional office for chiropractic services. c. Retail or General office use. 4. This will allow the Petitioner fuller use of the property. ' r 2 DECISION ON THE PETITION OF MARK F.EASLEY,TRUSTEE, FOR A VARIANCE AND SPECIAL PERMITS AT 73-75 HARBOR STREET,(R-3) 5. The Petitioner requested,grant leave to withdraw the Special Permit for Parking requirements without prejudice. The Zoning Board of Appeal voted unanimously.5-0 to grant the request. On the basis of the above findings of fact,and on the evidence presented at the hearing,the Board of Appeal concludes as follows: 1. Special conditions exist which especially affect the subject property but not the district in general. 2. Literal enforcement of the provisions of the Ordinance would involve substantial hardship on the petitioner. +. the relief requested can 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. 4. The Special Permit and Variances can be granted in harmony with the neighborhood and will promote the public health,safety,convenience and welfare of the city's inhabitants. Therefore, the Zoning Board of Appeal voted unanimously,5-0.To grant the relief requested,subject to the following conditions: 1. Petitioner shall comply with all city and state statutes,ordinances,codes and regulations. 2. All construction shall be done as per the plans and submitted and approved by the Zoning Enforcement Officer. 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 Occupancy is to be obtained. 6. A Certificate of Inspection is to be obtained. 7. Petitioner shall obtain proper street numbering from the City of Salem Assessors office for the business accessed from Congress Street,and display said number so as to be visible from the street. S. Petitioner is to obtain approval from any City Board or commission having jurisdiction including, but not limited to, the Planning board. 9. Petitioner shall ensure that the dumpster is not visible from the street and that the dumpster is a reasonable distance from abutters. Special Permit and Variance Granted December 17, 1997 < _ Albert C. Hill.Jr. 1: Ln Member,Zoning Board of Appeal to 3 DECISION ON THE PETITION OF MARK F. EASLEY,TRUSTEE,FOR A VARIANCE AND SPECIAL PERMITS AT 73-75 HARBOR STREET,(R-3) 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 MGL Chapter 40A,and shall be filed within twenty days after the date of filing of this decision in the office of the City Clerk. Pursuant to MGL Chapter 40A. Section 11,the Variance or Special Permit granted herein shall not take effect until a copy of the decision, bearing the certification of the City Clerk that 20 days have elapsed and no appeal has been filed,or that, if such appeal has been filed, that it has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal a o-> CID " r- o- F+ :C N ;S T v7 rr7 L1 CM �9 mn 7.3 doll Doreen Salem It Harbor COMMUNITY DEVELOPMENT CORPORATION At 102 Lafayette Street, Salem, Massachusetts 01970 Telephone: (978)745-8071 • Fax: (978)745-4345 December 16, 1997 Mr. Eric Easley North East Realty P.O. Box 4542 Salem, Massachusetts 01970 Dear Eric: On behalf of the Salem Harbor CDC, I would like to support your application to change the use of the first floor of your building at the corner of Harbor and Congress Streets from a"bar" to a restaurant facing the Congress Street side, and two offices facing the Harbor Street side. Clearly this change in usage will be advantageous to the community, and will only serve to upgrade the neighborhood. The building's current designation as a bar is not advantageous to the community, and it is our understanding that this change in designation will mean that no future owner would be permitted to allow the building to be used as a bar. I would be more than willing to speak to you or others concerning this matter. 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