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3 HAWTHORNE BOULEVARD - ZBA �a�� �. ��v�, i II n Cy 2-- /' �. n �• T �. DDNDII CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL m 120 WASHINGTON STREET, 3RD FLOOR 3q SALEM, MASSACHUSETTS 01 970 TELEPHONE: 978-745-9595 oD� FAX: 978-740-9846 KIMBERLEY DRISCOLL 1111 FEB ` I A D I 1 MAYOR February 1, 2012 FILE $ CITY CLERK. SALEM.MASS. Decision City of Salem Zoning Board of Appeals Petition of TERI KALGREN for a Home Occupation Special Permit and a Variance from off-street parking regulations to allow an herb shop in the first floor of the building at 3 HAWTHORNE BLVD. A public hearing on the above Petition was held on January 18, 2012 pursuant to Mass General Law Ch. 40A, § 11 with the following Zoning Board of Appeals members present: Annie Harris (acting as Chair), Richard Dionne, Jamie Metsch, Jimmy Tsitsinos, and Bonnie Belair. Petitioner seeks a special permit pursuant to Section 3.2.2 and a Variance pursuant to Section to 5.1 of the Salem Zoning Ordinance. Statements of fact: 1. Ms. Kalgren is the proprietor of Artemisia Botanicals, an herb shop located at 102 Wharf Street, Salem. 2. In a petition date-stamped December 28, 2011, Ms. Kalgren requested a Special Permit for a home occupation and a variance from off-street parking regulations for a home occupation at 3 Hawthorne Blvd. 3. Sean P. Pray and Richard L. Smith are the owners of 3 Hawthorne Blvd. Ms. Kalgren has the property under agreement and seeks to move her herb shop there from 102 Wharf Street. 4. At the hearing on January 18, 2012, Attorney James Burke presented the petition on behalf of Ms. Kalgren. 5. In her application and at the hearing, Ms. Kalgren stated her intent to occupy the residential unit in the building once the current tenants' lease is up in August 2012. 6. At the hearing, the petitioner and the Building Commissioner noted that the building had a long history of having a commercial use in the first floor, but because of a two-year lapse, the commercial use was no longer grandfathered. 2 7. The property has parking available for three cars; however, installation of a required wheelchair ramp will cause the loss of one of the parking spaces. 8. At the hearing, two residents spoke in favor of the petition, and two other residents submitted letters of support (Kathie Driscoll-Gauthier, 52 Bayview Ave.), and Donald Fyfe MacFadyen, 1 Hawthorne Blvd.). No one opposed the petition. 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. A special permit and variance may be granted to allow this request without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Salem Zoning Ordinance. 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: 1. To allow for the home occupation, a special permit may be granted under the Salem Zoning Ordinance § 3.2.2 Home Occupations. 2. To allow for only two parking spaces, a variance may be granted under the Salem Zoning Ordinance § 5.1, Off Street Parking. 3. In permitting such change, the Board of Appeals requires certain appropriate conditions and safeguards as noted below. In consideration of the above, the Salem Board of Appeals voted, five (5) in favor (Harris, Dionne, Belair, Metsch and Tsitsinos) and none (0) opposed, to grant petitioner's request for a special permit subject to the following terms, conditions, and safeguards: 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 dimensions submitted to and approved by the Building Commissioner (specifically, elevation drawings titled "Europa Antiques Fa4ade Improvements, Salem, Massachusetts," dated 1/31/08, Scheme 2, pages A-4 and A-5). 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. 6. A Certificate of Occupancy is to be obtained. 7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. Annie Harris Salem Zoning 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. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has been filed with the Essex South Registry of Deeds. � i ���� - i � ��� � ,� ' � � 1V t��1a� � � �� 1:. �_ . �� . �� .��. �)' e r l ' fll►�: I �� �:� � _ � 7 i. 1. X11 1 � i 0 ` 1 a% � � � � � • � �'' �� a�. � . �,; � d 7 I � �. v � _ � `. I ,. �� ��A � sv { �'� �� w ' . .. f_a ..��1 i iTTI I I Illi Page 1 of 1 Danielle McKnight From: Kathie Gauthier(kathie.gauthier@sec.state.ma.us] Sent: Wednesday, January 18, 2012 10:53 AM To: Danielle McKnight Subject: Tonight's Meeting - Good Evening Board Members, Since I am unable to attend this evenings meeting due to a prior commitment, I would like to take this opportunity to speak favorably on two if the agenda items for this evening. First, the request for a special permit for the property located at 43 Bayview Ave owned by James and Katherine Klein. Jim & Sisty Klein previously resided in the Willows for several years. They were wonderful, considerate & caring neighbors as I am sure they will be once again. They have purchased 43 Bayview in an attempt to return to the neighborhood. As a nearby neighbor, I look forward to their return and excited to see the renovations & rehabilitation of their new home. The home as currently presented is old and in need of much work. Any work done to this property will improve not only the living conditions for Jim & Sisty and their family but also the esthetics and value of our neighborhood. I support the Klein's efforts to renovate this lovely home and hope you will approve their request for a special permit to do so. ] Secondly, the request for a Special Permit and Variance for the building at 3 Hawthorne Blvd. by Teri Kalgren. As a former retailer in downtown Salem, I have known Teri Kalgren, both as a Salem business woman and as a personal friend, for well over 20 years. Prior to becoming a business owner, Teri was involved as a volunteer for the Salem Chamber of Commerce. Over the years she has lived, worked, raised her children become a property owner and created a business here in Salem. She is a devoted member of the community and should be granted both the Special Permit and Variance requested for her new business location. Throughout the years, she has supported many of Salem's organizations and is an upstanding business woman. For her, the opportunity to open her business in this location will be an asset to the city and assist her in becoming more successful in her endeavors. Her business being added to the businesses already located in this area will create an interesting retail pocket that can only add to the uniqueness of Salem's downtown. Quality additions to our downtown retail environment are always welcome and certainly necessary if we are to keep Salem a vibrant economic center. I support Teri's request for a Special Permit and Variance and hope you will approve her request for such. Submitted Respectfully, Kathie Driscoll-Gauthier 52 Bayview Ave Salem, Ma. 01970 978-979-5111 ( Former owner of A Touch Of The Past, Inc. 83 Washington Street Salem, Ma. 01970) 1/18/2012 EUROPA ANTIQUES FACADE IMPROVEMENT SALEM, MA January 31 , 2008 r DRAWING LIST ARCHITECTURAL T-1 Title Sheet D-1 Demolition Floor Plan & Elevation D-2 Demolition Floor Plan & Elevation A-1 Proposed Floor Plan - Scheme 1 A-2 Proposed Front Elevation - Scheme 1 A-3 Proposed Side Elevation - Scheme 1 A-4 Proposed Front Elevation - Scheme 2 A-5 Proposed Side Elevation - Scheme 2 y i Co O Cci CL ARCHITECT Owner 03 CD Gienapp Design Europa Antiques M Associates, LLC Eric Easton Cj 3 Hawthorne Blvtl. j Salem,MA 01970 " 7 89 Nebwury Street 978-744-4304 s E DTelanvers, 75 01923 -9062 a,K 978.750-9062 Fax 970-/50-9063 - admin@yienapptlesigncom Gienapp Design Associates, LL-C-- 19 LC89 NewburySlreel Danvers, 01923 T.1978 62 Fax 9786 75 75 90 750 9063 i L — — — FIRST FLOOR PLAN C/) Cn LU UJ LU -- - - — --- 2 cn LU z m -- Q [L ❑ Lu Q - LUQ — W ILL �; i Project: 395.3 ❑ ❑ ❑ Drawn b ❑ ❑ El : AM Y Check by: DG Date: January 31,2008 Scale. 1/4^ =1,-O,. I Existing Conditions 0101, — - First Floor - FRONT EL��lATION ' W Gi2napp pasigr Associates. LLC _t 89 Newbury Sver Danvers,MA 0!92 Tel 978 750 906 Fax 978 750 906 Remove existing brick and concrete step .1 FIRST FLOOR PLAN Approximate area of pavement to� be removed for new HP ramp LU F— UJ W Ji 0 2 Cf) ED ~ O U Q Cn Ll Q � W w U w LL < W Existing banner to be removed Project: 395.3 Drawn by: AM Check by. DG Date: January 31,2008 -- Scale: 1/4"= P-0" Existing Conditions `P First Floor SIDE ELEVATION Existing brick and concrete ® 2 S 1/q" — 1,_O�, step to be removed SS6.. GienapP Design Associates, LLC 89 Newbury Street Danvers,MA 0192) Tei 978 750 9002 Fax 978 750 9003 O C/) LU Lu LU Europa Antiques New flower box, typical. _ W / ~ o 0 z MQ New 36"door. Change Q � door direction and swing Q 1 W i 0 rr vw E 1:12. (1:12 Max) Provide a minimum 5'x 5' Q J 4 Ramp p (Clear) Landing on flat LL < ` area as required by code. w 17'-8Y2"-- Ramp (V.I.F.) ——-- - - - - - _ _ - _ _ - _ - - - - - _ .- - _ _ _ _ L \ Maximum pitch 1 12 as o a \ required by MAAB \ U Project 395.3 - _ _ _ _ _ _ Drawn by: AM — — — — — Check by. DG Date: January 31,2008 Scale: 1/4" = 1'-0" l Proposed Floor Plan I n FIRST FLOOR PLAN 4" — , o" A- 1 Gienapp design Associates, LLC 89 Newbury SVcet Danvers,MA 01523 Tar 978 750 9062 Fax 978 750 9063 I _-1 wW O 2Uj � Existing sign to remainfr < New window heads to Q U� match existing — Q d- LU O Q � E110, LU � w UD +0—'-0" Landing Level� I I -J -J New flower boxes =AM New bench by Owner, typical. y 31,20081'-0" r.j--- FRONT ELEVATION scheme 1 :K)tA�2 ] Giena Pp Oesigr Associates, LLC 89 Newbury stra_el Danvers,MAO IC23 Tel 978 750 9002 Fax 978 750 9663 FE LU U) LU UJ � . � U _ z o (-) Q CLU) +1Cq R(0 A New sign band with � � Q Antiques letters � W 2 ❑ o Uw ❑ < J UJ LU a -- --- — Wood handrails CO +0'-0" Landing Level New HP Ramp (1:12 max) =AM -ry 31,2008i'0" ASIDE ELEVATION scheme 1 Gienapp Oesigr Associates, LLC i 89 Newbury Sbee Danvers,MA 0192-- Tel 978 1923iel9]8 750 9061 Fax 978 750 W63 F1:11Ell _ V1�J Ww 0 \\:�E TC/) ED / 2 Z ° Q Existing sign to remain Q 11 U) New window heads to W match existing _ O Q0 LU� u I L C/)I ❑ � ❑ w 0 +01.0, ------------------- Landing Level _ E - 1 — I I � I New flower boxes Project 395.3 New bench by Owner, typical. Existing lights to remain Drawn by Ann Check by: DG Dale: January 31,2008 Scale. 114" = 1'-0" FRONT ELEVATION Scheme 2 A- 4 Gienapp Design " Associates, LLC 89 Newbury Street Danvers,MA 01923 Tel 978 750 9052 Fax 978 750 9963 V lCf) UJ r UJ W LLJ z � Q Q 0- UD New sign band with 2 Q raised letters CL W Raised panels QY Q -i LL LU Q J -1 D 1 U) W Wood handrails h +0' 0, ��—_ --- Landing Level New HP Ramp (1:12 max) Project 395.3 Drawn by: AM Check by: DG Dale. January 31,2008 Scale: 1/4"= 1'-0" Scheme 2 SIDE ELEVATION A- 5