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207 HIGHLAND AVENUE - ZBA .20 '7 H�gh1 anon Av e W a ,�o�e� `' }�a�awy �6� � S.��p�5 ��' i i i I/ Zoning Board Proiect Status Sheet Address & Applicant: }A' DateSubmitted to BOA: 2 nl,�— _3'/Clerk Stamp: Variances Only - Constructive Approval Date: (I00 days from filing) Abutters List Requested: q/Abutters Notice Sent: /Notice to Abutting Cities & Towns, Councillors: /,Legal Notice posted at City Hall: (la days before meeting) d Legal Notice Emailed & Confirmed: cY/ Legal Notice Posted on Web: d Agenda to Applicant: Applicant's email address or fax number to send agenda: i Opened at Meeting: 5 Continued Meetings: A Extension Form(s) Signed & Clerk Stamped? Closed at Meeting: Decision: e c� 6 Q � Decision Filed: Appeal Period Over: afterdecision tiled) / 7ecision Sent to Applicant: d Notice of Decision Sent to abutters cities and towns councillors: ZBA ACTION FORM BOARD MEMBERS MOTION SECOND VOTE Date: -Rebecca Curran (Chair) y� Mike Duffy Petitioner: S ko, Tom Watkins Peter Co elas Address: 5 (� Jimmy Tsitsinos Y Jim Hacker(Alt.) 5 Paul Viccica (Alt.) Total: S�� Conditions: 1 ©©Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. Z IM All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner. QAll 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. Xj Exterior finishes of the new construction shall be in harmony with the existing structure. 4 Q A Certificate of Occupancy is to be obtained. 4 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. 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. ❑ �2y ti-ect/ 5:,5h45--?� To L1 �0>nrsr y .. �ONDl9� CITY OF SALEM, MASSACHUSETTS nl 9 . BOARD OF APPEAL o ,, ��'�vilN6os� 120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 070 KIMBERLEY DRISCOLL rNn T'RLE:978-745-9595 ♦ FAX:978-740-9846 x-^ v _ r i MAYOR �m N September 2, 2015 ? � N Decision > _ City of Salem Board of Appeals Petition of SALEM NORTHEAST DIALYSIS CENTER (DAVITA DIALYSIS COMPANY) seeking a special permit from the provisions of Sec. 3.1.2 Special Permit: Zoning Board of Appeals and Sec. 9.4 Special Permits to allow a medical clinic (dialysis center) for a portion of the property and a special permit from the provisions of Sec. 5.1.7 Shared Parking of the Salem Zoning Ordinance, to allow for shared on-site parking with other tenants at the property of 207 HIGHLAND AVENUE (Map 13 Lot 2)(B2 Zoning District). A public hearing on the above Petition was opened on August 19, 2015 pursuant to M.G.L Ch. 40A, § 11 and closed on this date with the following Salem Board of Appeals members present: Peter A. Copelas (Vice- Chair),Jimmy Tsitsinos,Tom Watkins,Mike Duffy, Paul Viccica (alternate). The petitioner seeks a special permit per Sec. 3.1.2 Special Permit: Zoning Board of Appeals and a special permit per Sec. 5.1.7 Shared Parking. Statements of fact: 1. In the petition date-stamped July 22, 2015 the Petitioner requested a special permit from the provisions of Sec. 3.1.2 Special Permit: Zoning Board of Appeals and Sec. 9.4 Special Permits to allow a medical clinic (dialysis center) for a portion of the property and a special permit from the provisions of Sec. 5.1.7 Shared Parking of the Salem Zoning Ordinance, to allow for shared on-site parking with other tenants. 2. Attorney Quinn presented the petition on behalf of the applicant Salem Northeast Dialysis Center (Davita Dialysis Company). 3. The petitioner proposes to occupy a vacant portion of a building that is shared with East Gate Christian Fellowship and Joseph's Storehouse food pantry. 4. The petitioner requests a special permit for a medical dialysis clinic to operate a dialysis center only. 5. There are substantial structural upgrades proposed to the building to serve the medical dialysis clinic. 6. The medical dialysis clinic will serve twenty-two (22) patients and staff four (4) professional staff and ten (10) additional employees. 7. The site was previously used as a car dealership and has 156 on-site parking spaces. 8. The petitioner requests a special permit to allow shared on-site parking spaces. The medical dialysis clinic facility will have seventeen (17) reserved exclusive spaces to meet the required number of spaces for professional staff and employees and twenty-three (23) shared parking spaces for patients. 9. The proposed hours of operation for the medical dialysis clinic are Monday-Saturday 5am to 8pm except when there are holidays or snow days to allow the clinic to operate on Sunday from 5am to 8pm. City of Salem Board of Appeals September 2,2015 Project: 207 Highland Ave. Page 2 of 3 10. The requested relief, if granted, would allow the Petitioner to operate a medical dialysis clinic and to allow shared on-site parking. 11. At the public hearings one (1) member spoke in favor and no (0) members spoke in opposition to the proposal. 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 medical dialysis clinic is not more substantially detrimental than the existing vacant commercial space previously used as a car dealership. 1. There are significant social, economic and community needs served by this proposal. 2. Traffic flow and safety, including parking and loading are adequate to serve the site as there are seventeen (17) reserved spaces for professional staff and employees and twenty-three (23) shared parking spaces in a parking lot with 156 total parking spaces for the church, food pantry and medical dialysis clinic and the entrance and exit to the facility will be well marked as recommended by police safety to address flow and safety concerns with access points on Highland Avenue. 3. Utilities and other public services are existing and adequate. 4. There are no impacts on the natural environment, including drainage as the site is entirely paved and no new site changes are proposed. 5. No negative impacts on the neighborhood character. 6. The potential fiscal impact, including impact on the City tax base and employment are positive as a portion of this commercial property has been vacant for over ten (10) years. On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5) in favor (Peter A. Copelas (Vice-Chair),Jimmy Tsitsinos,Tom Watkins, Mike Duffy, Paul Viccica (alternate) and none (0) opposed, to grant variances per Sec. 4.1.1 Table of Dimensional Requirements of the Salem Zoning Ordinance for relief from rear and side-yard setbacks, minimum lot area per dwelling unit and minimum lot area to construct a rear addition subject to the following eight (8) standard 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 Occupancy shall be obtained. p, a City of Salem Board of Appeals September 2,2015 Project: 207 Highland Ave. Page 3 of 3 7. A Certificate of Inspection 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 Conditions: 1. The petitioner will work with the Salem Police Department traffic division for approval of any required signage at the entrance and exit of the property off of Highland Ave. 2. Hours of operation are Monday through Saturday 5am to 8pm except for holidays and snow days where the clinic will be open on Sunday from 5am to 8pm. r 3. The medical clinic will be used as a dialysis center only.. Rebecca Curran, Chair Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal fmm Ibis decision,if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall he filed within 20 days of fihng of this decision in the office of the City Ckrk. Pursuant to the Massachusetts General Luwr 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. t }` City of Salem Department of Planning & Community Development Check/Cash Receipt and Tracking Form Please complete form and make two copies. Date Received Amount Received Form of Paymen Check �] Money Order Client Information CASH PAYMENTS: client initials El Sign Permit Application Fee ❑ Conservation Commission Fee Payment received for what Planning Board Fee/ ZBA service? ❑ SRA/DRB Fee ❑ Old Town Hall Rental Fee El Other: Name of staff person receiving payment Additional Notes Place Check Here When Photocopying Form Original Check and Form: DPCD Finance Copy 1: Client COPY Z: Application File Sib.. City of Salem Department of Plannin Sj & Community Check/Cash Receipt and Tracking Forfppment Please complete form and make two copies. 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Planning Board Fee ZBA I ❑ SRA/DRB Fee ❑ Old Town Hall Rental Fee ❑ Other: Name of staff person receiving payment Additional Notes Z f OIy1Gly '*�h` p'N WJ a -y i ,ril 111 M r iii u.4HW1' TINT1 W",4 1Mi1 .0 lu t.rd t", r yMTM,T° TMI MI MI 1411 „j r rrgfl ; ti4MWak m jl ip aAlli V0�!wJ^VAA,M�;�r1 4,6,!1 , M� Ill eu7O,ONGRESS ST414 fWi61 , C 'Bank SUITE 414 rr, ^ t' Sa�an�A1019711M�` �� ew.a+u N t SALEM MA 03970 + 13 °tl"”'�"� •TMJnbe + �4'7 t x s '53 139 1 "a i U a u�$�a' iu� uV Paliluillra7 � skwX�d�Fa � � 1 � P ih�r~ l�l��Vl Five hundr # 1 t*,r !G.'1, � �Od tWOnly dlld������ j 0 0l1^ .. .°.. A • "L> � r� 'Y 4°+r TI f u a "T�iu' DATES IIE` JWxx�jk�tV�W4'�'ni 0722/2015AMOUNT TI 41 1 ' 1Y @I U A7�, e` Pr Prft R 1 1 "' itx' 4 iP Ih r 4 520.00 tly)F� t �, fheSalemNewsl edRF '�P +Rl tE Tr vw'tw,.�u� l ^ � yti� ° „ ,' AUDIORIZED SIGNATURE ll'009467u' 1:0113013901: n1O00S66t. 16 Om CoPy 2: Application File I WILLIAM F. QUINN ATTORNEY TINTI,QUINN,GROVER&FREY,P.C. TEL(978)7458065 x110 27 CONGRESS STREET,SUITE 414 TELRCOPIER(978)745-3369 SALEM,MASSACHUSETTS 01970 EMAIL WilliamFQuinn@aol.com CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS PETITION FORM CIT /�"�" Y OF SALEIv1,MASSACHUSETTS !X' �, r BOARD OF APPEALS IIS,$ 1-. � Sgll 120 WASHINGTON STREET,3RD FLOOR f SALEM,MASSACHUSETTS 01970 Thomas St Pierre,Director of Inspectional Services Phone:978-619-5641 /Fax:978-740-9846 Kn,mERLEY DRISCOLL Erin Schaeffer,Staff Planner MAYOR Phone:978-619-5685/Fax: 978-740-0404 TO THE BOARD OF APPEALS: The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: Address: 207 Highland Avenue ZotungDistrict: B — 2 (Business Highway) 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: J am proposing to construct a 10'x 10'one story addition to my home located at 3 Salem Lane, in the R-2 Zoning District. The Zoning Ordinance requires the minimum depth ofthe rear yard to be 30 feet The current depth ofmy rear yard is 32 feet; the proposed addition would reduce the depth of the rear yard to 22 feet.) Petitioner proposes Medical Dialysis Clinic use which requires a Special Permit under Section 3.1.2 of the Ordinance. and Section ..Petitioner alcn seeks Special—permit for hared on site narking with other tenants under section 5.1.7 For this reason I am requesting: O Variance(s)from provisions of Section of the Zoning Ordinance,specifically from (i.e. minimum depth ofrearyard). What is allowed is 0?sq ft?stories? %?), and what I am proposing is e (ft.y sq ft, stories.?/7). /3.1.2 and 9.4 (p A Special Permit under Section of the Zoning OrdinanoeAkikbuft. for medical clinic use and for Special Permit for shared on—site parking under Section 5.1.7 ( )Appeal of the Decision of the Building Inspector(described below): O Comprehensive Permit for construction of low or moderate income housing(describe below): / Christian Fellowship, Food Pantry and vacant space Current Property Use: Are Lot Dimensions Included? (A)Yes ( )No Why? (Example:Two Family Home) See Site Plan 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: ( ) 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. O 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) Trak flow and safety, including parking and loading, c) Adequacy of utilities and otherublic p services; d) Impacts on the natural environment,including drainage; e) Neighborhood character; and D Potential fiscal impact,including impact on City tax base and employment. O 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. Salem Northeast Dialysis Cente=erentfrompe[itioner: Petitioner: (a DaVita Dialysis Company)Property Owner: Southern Enterprises LLC Address: 10 Colonial Road, Salem, MA Address: 605 South Main St. , Somerset KY 42501 Telephone: c/o William F. Quinn, Esq. Telephone: c/o William F. Quinn, Esq. Email: billquinnlaw@gmail.com billquinnlaw@gmail.com Email: Signature: Signature: SEE CONSENT LETTER ATTACHED (Attached consent fetter is also acceptable) Date: Date: If different from petitioner: Representative: William F. Quinn, Esq. Tinti, Quinn, Grover 6 Frey, P.C. A TRUE Address:_27 Congress Street Suite 414 Salem, MA ATTEST Telephone: 9,78-7745-8065 ext. 11 Signature: vv� Date: July 22, 2015 CITY CLERK DATE DPCD DATE This original application must be filed with the City Clerk LANDOWNER DOCUMENTS Consent Letter Corporate Authority Owner's Deed July 7,2015 Chair and Members of the City of Salem Zoning Board of Appeals 120 Washington Street-3 d Floor Salem, MA01970 RE: Zoning Application for Special Permit for 207 Highland Avenue,Salem, MA Dear Chair and Members: This letter is to inform you that as the record owner of the land and building located at 207 Highland Avenue,Salem,MA my company,Southern Enterprises, LLC a Kentucky limited liability company with a business address of 605 South Main Street,Somerset, KY 42501 has authorized DaVita Health Care Partners, Inc.of Medford, MA to file the accompanying application for the necessary zoning relief to build-out, use and occupy a portion of the existing building on the property as a clinic to provide dialysis treatment to patients from the Salem area,as described in the application materials. A copy of our company s ownership deed is attached,and I appreciate your attention to this matter. Verytrulyy urs, By: dJo than Ar ett, President A orized Officer or Manager Southern Enterprises LLC �la{2l�itJ h Of�D(2�am-eAerna-mai -P3 VP!t!; William Francis Galvin b Secretary of the Commonwealth of Massachusetts 4 { Corporations Division Business Entity Summary ID Number: 001053317 Request certificate New search Summary for: SOUTHERN ENTERPRISES LLC The exact name of the Foreign Limited Liability Company (LLC): SOUTHERN ENTERPRISES LLC Entity type: Foreign Limited Liability Company (LLC) Identification Number: 001053317 Date of Registration in Massachusetts: 05-18-2011 Last date certain: Organized under the laws of: State: KY Country: USA on: 02-02-2011 The location of the Principal Office: Address: 600 MONTICELLO ST City or town, State, Zip code, SOMERSET, KY 42501 USA Country: The location of the Massachusetts office, if any: Address: C/O RICH MAY, A PROFESSIONAL CORPORATION 176 FEDERAL ST, 6TH FLOOR City or town, State, Zip code, BOSTON, MA 02110 USA Country: The name and address of the Resident Agent: Name: ERICA P. BIGELOW, ESQ. Address: 176 FEDERAL ST. C/O RICH MAY, PROFESSIONAL CORPORATION City or town, State, Zip code, BOSTON, MA 02110 USA Country: The name and business address of each Manager: Title Individual name Address The name and business address of the person(s) authorized to execute, acknowledge, deliver, and record any recordable instrument purporting to affect an interest in real property: to mmasterpage Title Individual name Address REAL PROPERTY JONATHAN ARNETT 605 SOUTH MAIN ST. SOMERSET, KY 42501 USA -_' ConfidentialLJ1 Merger Li Consent Data Allowed Manufacturing View filings for this business entity: ALL FILINGS Annual Report Annual Report - Professional Application For Registration Certificate of Amendment View Flings Comments or notes associated with this business entity: New search Return Document to: II�IIIIIIIIIIIIIIIIIIIIII���I Erica P. Bigelow,Esq. 201II 12 0]60]3]002 112 Rich 0610312011 '12:44 0EE0 PB 1j2 Rich May, a Professional Corporation 176 Federal Street Boston, MA 02110 Number of Pages: _ Above for Registry use only QUITCLAIM DEED 1,Ralph Cerundolo,Trustee of Hillcrest Realty Trust H under a Declaration of Trust dated August 24, 1998 recorded with the Essex South District Registry of Deeds in Book 35096, Page 232 and filed with Essex South District Registry of Deed, Registered Land Division with 0� Certificate of Title No. 54838,with a mafling address of 107 BrimbaI Ave., Beverly,MA 01915 In consideration of Two Million Five Hundred Thousand ($2,500,000.00)Dollars paid Grants to Southern Fntemriseg I JC a Kentucky Iimited liability company with a business p address of 605 South Main Street, Somerset, KY 42501 With QUITCLAIM COVENANTS The land with the buildings and improvements thereon, situated in Salem, Essex County, Massachusetts, bounded and described as follows: PARCEL ONE: Those parcels of land registered and described as Lot 9 and 10 on a plan entitled"Plan of Land, being a Subdivision of lots five and six shown on Land Court Plan Number 21246 D.' Salem, Mass.," dated June 30, 2003,prepared by Harry R. Feldman,Inc. Land Surveyors, and filed with the Court in Boston as Plan Number 21246 - E. Southern Esse%012 r 9 PM 00 1111111111��111111�1111�11�11� .2gg75a 4 520354 000 9l t6485$+ ict R89is\iY 610312011 500. 3 0otal 150 Do' GUne: �'' 520354 E"alt to 79: 11 I0+ ,4A0 3cUther t1 12:79 PM Fee: 511 6103120 PARCEL TWO: That certain parcel of land on the Southeast side of the Highland Ave.in Salem, Essex County, Massachusetts,being shown as Lot E. on a plan entitled "Hawthorne Commons 11 by H.W. Moore Associates, Inc. Engineers and Planners dated August 29,2003" and recorded with the Essex South District Registry of Deeds in Plan Book 372,Plan 34. Containing 28,456 ft, according to said plan. Being the premises conveyed to the grantor by Deed of Ralph Cerundolo,individually and as Trustee of Hillcrest Realty Trust dated August 24, 1998 and recorded with the Essex South District Registry of Deeds in Book 15096, Page 238 and filed with said Essex South District Registry of the Land Court as Document No.347343, creating Certificate of Title No. 69756, Tr- Executed as a sealed instrument this d y of June,2011. Hillcrest Realty Trust 11 By: ph Ce idolo, Trustee COMMONWEALTH OF MASSACHUSETTS . SS On this day of ire 2011,before me, the undersigned notary public, personally appeared Ralph Cerundolo,proved to me through satisfactory evidence of identification, which was nriver's license,to be the persons whose name is signed on the preceding or attached document, and acknowledged tome that he signed it voluntarily for its stated purpose as Trustee of the Hillcrest Realty Trust II. Notary Pu C My Commission Expires. �adt s LAND COURT.BOSTON.The Land herein deemio>=n will be shown on our approved plan to follow as JUN 0 3 2011 Plan S& Lots , a"'h4 15XAMINED AS DR90RIPTION ONLt TA PONTMANo Fl911NQ0HIEFENOINEERr/�7 nn moo FACILITY ADMINISTRATOR LETTER AFFIRMING SOLE CLINICAL TREATMENT IS DIALYSIS DaVita lta Dialysis SALEM NORTHEAST DIALYSIS. 10 COLONIAL RD,STE 205 SALEM,MA 01970-2947 P:978-744-36600 F:9787443665 www.davita.com July 14, 2015 Tracy Boucher 10 Colonial Road Suite 205 Salem, MA 01970 William F. Quinn, Esq. Tinti, Quinn, Grover& Frey, P.C. 27 Congress Street Salem, MA 01970 RE: Proposed Davita Dialysis Clinic at 207 Highland Avenue, Salem, MA Dear Attorney Quinn: I am a Registered Nurse licensed to practice in the Commonwealth of Massachusetts, and employed by Davita Health Care Partners, Inc. as the Facility Administrator. In my position, I am intimately familiar with the present licensing and operations of the Salem Northeast Dialysis Center currently operated by DaVita at 10 Colonial Road, Salem, and DaVita's proposed move and expansion of this center to 207 Highland Avenue, Salem. This clinic as it exists, and as it will operate at 207 Highland Avenue, provides clinical care only for dialysis patients suffering from chronic kidney failure or end-stage renal failure. The dialysis clinic is not licensed for, nor will it at any time provide any medical care or treatment for mental health problems or addictive behaviors, and, specifically, will not provide any mental health counseling, methadone maintenance, or any other kind of medical care to treat drug addicted persons. Very truly yours, �^ �v Tracy Boucher RN PETITONER'S PROJECT STATEMENT AND GROUNDS FOR SPECIAL PERMITS PROJECT STATEMENT FOR SALEM NORTHEAST DIALYSIS CENTER Applicant and Proposed Use The applicant, Salem Northeast Dialysis Center, a DaVita Dialysis Company(collectively referred to as"DaVita"),currently operates a dialysis clinic at 10 Colonial Road in Salem. DaVita is a Fortune 500 company which,through its Kidney Care Division, provides dialysis and related health care services to patients with chronic kidney failure and end-stage renal disease at 2,197 outpatient dialysis centers located in the United States serving about 174,000 patients, and also operates 93 similar centers in other countries. This application, if approved,will allow Salem Northeast to be moved to and operate a new, more modern and expanded dialysis facility at 207 Highland Avenue, including regional administrative offices. While the existing facility operates with 16 patient dialysis stations,the proposed new facility will operate.22,patient stations, plus a Home Training Suite for more mobile patients. Additional staff will be employed to assist in treating the additional patients. Because an individual dialysis treatment lasts from 3—6 hours,the total number of patients receiving treatment will not exceed 66 patients per day. As at the existing facility, some patients will arrive by private car, and some will be transported by van or by ambulance. The number of individuals receiving the home training will vary from 4—6 per day. The facility will receive delivery of supplies at its rear service entrance via.semi- trailer once or twice per week. The work to install the new dialysis clinic will be to the entrances and windows of the building, and to build-out the interior spaces as shown on the design drawings submitted. There will be no expansion or change to the footprint of the building. More than adequate on-site parking for the new facility will be accommodated by the more than one hundred fifty(150)existing paved parking spaces on the site,which is a former automobile dealership. Special Permit Required for Medical Clinic The property at 207 Highland Avenue is located in the B-2 (Business Highway) Zoning District. Medical clinics may allowed in this Zoning District by Special Permit granted by the Zoning Board of Appeals under Sections 3.1.2 and 9.4 of the Ordinance, upon its finding that such use will not be more detrimental to the neighborhood than the existing use. Here the existing use is vacant commercial space in a former automobile dealership. Special Permit Also Required to Allow for Shared On-Site Parking As shown by the applicant's Parking Plan,there exist more than 150 paved parking spaces on this site,which is a former automobile dealership. On each shift,the applicant will have 4 professional staff(Ordinance Table 5.1.8 requires 3 spaces for each medical clinic professional= 12 spaces) and 10 additional employees (Table requires 1 space for each 2 other employees= 5 spaces)for a total requirement of 17 on-site parking spaces for the applicant's use. Several of these will be reserved for as handicap and van parking as shown on the Plan. Under the terms of its pending lease, DaVita will be entitled to the required 17 designated exclusive spaces (including the Handicap and van spaces) and also 23 non-exclusive (shared) parking spaces. Because some of DaVita's parking may be shared by other tenants,Section 5.1.7 of the Ordinance requires a Special Permit to allow shared parking among the tenant uses on the site. Statement of Grounds for Special Permits a. The Special Permit for Dialysis Clinic Use The proposed change by allowing this non-conforming medical dialysis clinic use within the existing building at 207 Highland Avenue, Salem will not be substantially more detrimental that the existing use to the neighborhood, in accordance with Section 9.0 or the Ordinance based upon the following criteria: a. Social, economic and community needs served by the proposal There is a great need to good quality dialysis medical services by ill and elderly patients in the Salem area that will be met and improved by Salem Northeast's operation of this new dialysis facility; it is also in the City's economic interest to have this underutilized commercial property improved and tenanted by a first-class medical clinic that will add economic support and enhance the commercial viability and tax-paying ability of the property owner. b. Traffic flow and safety, including parking and loading The property is located on Highland Avenue (Mass. Route 107) which is a divided commercial roadway,and patients and visitors will have vehicle access to the site by a direct curb-cut from Highland Avenue, and by a second curb cut on the property adjacent to First Street. The visits by about 66 patients/day and facility employees is not likely to cause any significant traffic congestion or safety issues on Highland Avenue. More than 150 on-site parking spaces are available and the applicant is only required to have 17 parking spaces under the Ordinance. If the petition is approved,the building will be fully occupied by three tenants:the Eastern Gate Christian Fellowship,Joseph Storehouse Food Pantry,and the clinic. Per the Parking Plan submitted,there are large areas available for parking adjacent to the Fellowship space and the Food Pantry space that are remote from and not likely to be used by visitors to the clinic. Further,the clinic will not operate on Sundays,when the Fellowship conducts its Sunday services.We are advised that about 60 people attend the Sunday service, about 30 attend the Friday evening services and about 15 people attend daily services. The Food Pantry is open to the public on most Saturdays from 10:00 AM to 3:00 PM. We are advised that an average 10-20 cars per Saturday day visit the Food Pantry. No loading docks will be required or utilized for delivery of supplies and equipment to the facility, and all unloading and deliveries will be accommodated through delivery doors at the rear of the building. c. Adequacy of utilities and other public services All necessary utilities and public services are already available at the site. d. Impact on the natural environment, including drainage Because there will be no expansion of the building footprint or construction work to expand the parking lot,which is already fully paved,granting the application there should be no adverse impact on either the natural environment,or site drainage. e. Neighborhood character As this is an existing building and parking lot zoned for highway business uses,this application for a relatively low-volume medical dialysis clinic should have no negative impact upon neighborhood character. f. Potential fiscal impact, including impact on City tax base and employment The installation and operation of this modern medical facility by world-class company will have the direct positive fiscal impacts of stabilizing the property as a tax-paying entity and adding to the City's employment base by adding two new regular employees to its Salem staff to meet the increased number of patients being treated. b.The Special Permit to Allow Shared Parking on Site The dialysis clinic schedule is to be open Monday through Saturdays,from 5:00 AM to 9:00 PM, and to be closed on Sundays. The clinic will have 17 exclusive use parking spaces for cars, handicap drivers and patient-delivery vans adjacent to its main entrance as shown on the Plan. The clinic's additional 23 parking spaces with be non-exclusive (shared) spaces. There are more than 60 additional paved parking shapes nearthe clinic entrance to satisfy that need. The building has two other tenants, the Joseph Storehouse and Food Pantry of Salem, which occupies about 2,040 SF at the rear of the building, and is open to the public on most Saturdays from 10:00 AM to 3:00 PM. Volunteers also bag food on Wednesdays and pick it up for delivery on Fridays. Saturdays are most busy,with 10-20 cars visiting the Pantry,and their parking easily accommodated by parking spaces near its entrance,which is on the back side if the building,far away from the clinic parking. The Eastern Gate Christian Fellowship occupies about 12,606 SF at the front of the building,and holds its worship services daily(about 15 people on average attend these) on Fridays at 7:00 PM (about 30 people attend), and Sundays at 10:00 AM (about 60 people attend). There is more than sufficient parking adjacent to its own entrance to serve the Fellowship entrance every day except possibly on Sunday,when the clinic is closed, and its non-exclusive parking spaces can be used for any additional parking needs of the Fellowship. These circumstances,together with the number and arrangement of parking areas on the site are sufficient to support a finding by the Board that there is sufficient on-site parking for all tenants, including the clinic, and that the parking uses will not occur simultaneously to such a degree as to cause any shortage of parking. Therefore the Board is justified in granting a Special Permit to allow the applicant to meet its parking obligations by a combination of its dedicated and shared parking as shown on its Site Plan, pursuant to Section 5.1.7 of the Ordinance. CONCLUSION Based upon the facts and circumstances presented by the petitioner,the Zoning Board may make findings sufficient to support its decision to grant both the Special Permit for medical clinic use and the Special Permit to allow shared parking at the site, as requested. CERTIFIED SITE PARKING PLAN MAP 13 LOT 12 MIREF HAWIHORNE. LLC 4 FIRST ST. e``bo9 S ° 52'12'18' W . 18 spaces I 261.97 rA) ---- I 1 10 Spocey – I I \ I I v \ 1 I 14 spaces I I I 1 1 I 6 apace:, FINAL LOCATION OF I I 1 OUNIPSTER AND GENERATOR SUBJECT TO BUILDING INSPECTOR 1 APPROVAL I I I gap 1 \ I \ I \ I 7 DEDI ATED \ O SPACE I U \ I I \ I W I I I O CaaL asa � ra W m— I n UJ I i DAVITA o CLINIC Ka. I I V/Inm 16 1 I � I rn I I O �6 EnI 84.5'I ES I I I U I U L I I w� N 1 Fi 1_� I MAP 13 LOT 2 a_a C3 " AREA =� 3.4 t ACRES "' 35.6' #207 DEDICATED GO Irh'i U SPACES I a W N CAR a—' ��N PORT a I I I I I I I I I I I I I I I I \ 1 I I I \ \ I I I I H \ \ I I \ \ I I I j 17 SPACES 1 \ \\ \\ 1 I ________ - 375.00' 1 HIGHLAND AVENUE SITE PARKING PLAN FOR LEGEND =� SHOF&fA&T S SALEM NORTHEAST DIALYSIS LIGHT POLE zGAILL. m (A DAVITA DIALYSIS COMPANY) SMITH y PREPARED FOR -o- UTILITY POLE N0.35003 RFG,STEZONING BOARD OF APPEALS `��\AL LAMO s TABLE OF PARKING 207 HIGHLAND AVENUE REQUIRED SALEM 4 MEDICAL PROFESSIONAL x 3 = 12 PROPERTY OF 10 EMPLOYEES x .5 = 5 TOTAL PROVIDED 117 SOUTHERN ENTERPRISES, LLC TOTAL SPACES ON LOT — 153 SPACES SCALE 1" = 50' JULY 14, 2015 NORTH SHORE SURVEY CORPORATION 0 50 100 14 BROWN STREET - SALEM, MA 978-744-4800 #4197 I 1 CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS �o lr LPET-MONTORM .4r\`+ CITY OF SALEM,MASSACHUSETTS " BOARD OF APPEALS " — U�L�( /2 120 WASHINGTON STREET,3'D FLOORDt PTO C; 9�J P ji SALEM,MASSACHUSETTS 01970 G o Thomas St Pierre,Director of Inspectional Services - r_ N Phone:978-619-5641 /Fax: 978-740-9846 :'m N ICii,mEpa EY DRiscoLL Erin Schaeffer,Staff Planner MAYOR Phone:978-619-5685/Fax: 978-740-0404 TO THE BOARD OF APPEALS: — �„ w The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: Address: 207 Highland Avenue Zoning District: B – 2 (Business Highway) 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'one story addition to my home located at 3 Salem Lane, in the R-2 Zoning District. The Zoning Ordinance requires the minimum depth ofthe rear yard to be 30 feet. The current depth of my rear yard is 32 feet; the proposed addition would reduce the depth of the rear yard to 22 feet.) Petitioner proposes Medical Dialysis Clinic use which requires a Special Permit under Section 3.1.2 of the Ordinance, and Section 9-4 _Petitinner also seeks Special perm"* for shared on—site ,parking with other tenants under section 5.1.7 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 0?sq fi?stories? %?), and what I am proposing is (ft?sq ft?stories?%?). /3.1.2 and 9.4 (A A Special Permit under Section -ofthe Zoning Ordinance�g#,rr for medical clinic use and for Special permit for of on–site parking under Section 5.1.7 ( )Appeal of the Decision of the Building Inspector(described below): ( )Comprehensive Permit for construction of low or moderate income housing(describe below): / Christian Fellowship, Food Pantry and vacant space Current Property Use: Are Lot Dimensions Included?(A)Yes ( )No Why? (Example:Two Family Home) See Site Plan 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: ( ) 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 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 0 Potential fiscal impact,including impact on City tax base and employment. O For all Comprehensive Permits for construction of low or moderate income applicants should refer to M.G.L. Ch.4013 §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 representative. petitioner or his If diff Salem Northeast Dialysis centererentjrompetitioner: Petitioner: (a DaVita Dialysis Company)PropertyOwner: Southern Enterprises LLC Address: 10 Colonial Road, Salem, MA Address: 605 South Main St. , Somerset KY 42501 Telephone: c/o William F. Quinn, Esq. Telephone: c/o William F. Quinn, Esq. Email: billquinnlaw@gmail.com Email: billquinnlaw@gmail.com Signature: Signature: SEE CONSENT LETTER ATTACHED (Attached consent letter is also acceptable) Date: Date; If differentfrom petitioner. Representative: William F. Quinn, Esq. Tinti, Quinn, Grover & Frey, P.C. A TRUE Address: 27 Congress Street Suite 414 Salem, MA ATTEST Telephone: X9,78-7745-8065 ext. 11 Signature: (/� Date: July 22, 2015 CITY CLERK DATE DPCD DATE nis original application must be filed ivith the City Clerk LANDOWNER DOCUMENTS Consent Letter Corporate Authority Owner's Deed July 7,2015 Chair and Members of the City of Salem Zoning Board of Appeals 120 Washington Street-3rd Floor Salem,MA 01970 RE: Zoning Application for Special Permit for 207 Highland Avenue,Salem, MA Dear Chair and Members: This letter is to inform you that as the record owner of the land and building located at 207 Highland Avenue,Salem,MA my company,Southern Enterprises, LLC a Kentucky limited liability company with a business address of 605 South Main Street,Somerset, KY 42501 has authorized DaVita Health Care Partners, Inc.of Medford,MA to file the accompanying application for the necessary zoning relief to build-out, use and occupy a portion of the existing building on the property as a clinic to provide dialysis treatment to patients from the Salem area,as described in the application materials. A copy of our company s ownership deed is attached,and I appreciate your attention to this matter. VelAofted urs, By: n Ar ett, President Officer or Manager Southern Enterprises LLC =�,-7{2075 as:s.-6e env xtemai-nias 2•`�s a.wsr� William Francis Galvin Secretary R n r C of Commonwealth ofMassachusetts 4 Corporations Division Business Entity Summary ID Number: 001053317 Request cekifcate New search Summary for: SOUTHERN ENTERPRISES LLC The exact name of the Foreign Limited Liability Company (LLC): SOUTHERN ENTERPRISES LLC Entity type: Foreign Limited Liability Company (LLC) Identification Number: 001053317 Date of Registration in Massachusetts: 05-18-2011 Last date certain: Organized under the laws of: State: KY Country: USA on: 02-02-2011 The location of the Principal Office: Address: 600 MONTICELLO ST City or town, State, Zip code, SOMERSET, KY 42501 USA Country: The location of the Massachusetts office, if any: Address: C/O RICH MAY, A PROFESSIONAL CORPORATION 176 FEDERAL ST, 6TH FLOOR City or town, State, Zip code, BOSTON, MA 02110 USA Country: The name and address of the Resident Agent: Name: ERICA P. BIGELOW, ESQ. Address: 176 FEDERAL ST. C/O RICH MAY, PROFESSIONAL CORPORATION City or town, State, Zip code, BOSTON, MA 02110 USA Country: The name and business address of each Manager: Title Individual name Address The name and business address of the person(s) authorized to execute, acknowledge, deliver, and record any recordable instrument purporting to affect an interest in real property: r.w..•n.......re..�i.,h...� .•i�...nt�ld.M.....Ce�...r.H^.....C1 unm�nrern.9Fcm1_nm�5Y3TlRCFADCH TvoFc� t/9 --- =-S- s-Cbr�wratio- , er -masts-oag Title Individual name Address REAL PROPERTY JONATHAN ARNETT V 605 SOUTH MAIN ST. SOMERSET, KY 42501 USA ._. Confidential L; Merger Consent Data Allowed Manufacturing View filings for this business entity: ALL FILINGS Annual Report Annual Report - Professional Application For Registration Certificate of Amendment View filings Comments or notes associated with this business entity: i New search Return Document to: �III�I({l'IIIII�`11'I"�II��11I�IIII`�1,�{I Erica P. Bigelow,Esq. 201`10810000257 gk4 0g4i 111 Rich May, a Professional Corporation 176 Federal Street Boston, MA 02110 Number of Pages: _ Above for Registry use only QUITCLAIM DEED 1,Ralph Cerundolo,Trustee of Hillcrest Realty Trust 11 under a Declaration of Trust dated g August 24, 1998 recorded with the Essex South District Registry of Deeds in Book 15096, Page 232 and filed with Essex South District Registry of Deed, Registered Land Division with Certificate of Title No. 54838,with a mailing address of 107 Brimbal Ave., Beverly,MA 01915 In consideration of Two Million Five Hundred Thousand ($2,500,000,00)Dollars paid Grants to Southern Fntem, neps, l.l.0 a Kentucky limited liability company with a business p address of 605 South Main Street, Somerset, KY 42501 With QUITCLAIM COVENANTS The land with the buildings and improvements thereon, situated in Salem, Essex County, Massachusetts, bounded and described as follows: PARCEL ONE: Those parcels of land registered and described as Lot 9 and 10 on a plan entitled"Plan of Land, being a Subdivision of lots five and six shown on Land Court Plan Number 21246 D., Salem, Mass.," dated June 30, 2003,prepared by Harry R. Feldman,Inc. Land Surveyors, and filed with the Court in Boston as Plan Number 21246 - E. Soothern Esse% D12 29 PM GD '��'��'��'����������11�,�t��� .?94750 4 520354 000 Ot 104055+1 0<ct Reg' 1 Data: 610312011 5p0� tr) 13 Dots 29 Oe, Dont+ $2 520354 n Essek D1s UE0 Py: t Fee $111410. Soutar 12;29 Pl4 610312011 PARCEL TWO: That certain parcel of land on the Southeast side of the Highland Ave.in Salem, Essex County, Massachusetts, being shown as Lot E. on a plan entitled "Hawthorne Commons I1 by H.W. Moore Associates, Inc. Engineers and Planners dated August 29,2003" and recorded with the Essex South District Registry of Deeds in Plan Book 372,Plan 34. Containing 28,456 R. according to said plan. Being the premises conveyed to the grantor by Deed of Ralph Cerundolo, individually and as Trustee of Hillcrest Realty Trust dated August 24, 1998 and recorded with the Essex South District Registry of Deeds in Book 15096,Page 238 and filed with said Essex South District Registry of the Land Court as Document No. 347343, creating Certificate of Title No. 697S6. s� Executed as a sealed instrument this day of June, 2011. Hillcrest Realty Trust 11 By: ph Ce idolo,Trustee COMMONWEALTH OF MASSACHUSETTS . SS On this_� day of ire 2011,before me,the undersigned notary public, personally appeared Ralph Cerundolo,proved to me through satisfactory evidence of identification, which was anrivers license,to be the persons whose name is signed on the preceding or attached document,and acknowledged tome that he signed it voluntarily for its stated purpose as Trustee of the Hillcrest Realty Trust II. Notary Pu C N'Cd My Commission Expires: foot LAND COURT BOSTON.The Land herein desatm writ be shown on our approved plan to follow as �jc�crrrrl ro JUN 0.3 2011, plan�LotS 7/a^d/A (EXAMINED AS DMAIPTION ONO tC. PDNY@RIAND A(MN9 0110 ENGINEER �7 nn moo o FACILITY ADMINISTRATOR LETTER AFFIRMING SOLE CLINICAL TREATMENT IS DIALYSIS DaVita Dialysis SALEM NORTHEAST DIALYSIS. 10 COLONIAL RD,STE 205 SALEM,MA 01970-2947 P:978-744-36600 F:9787443665 www.davita.com July 14, 2015 Tracy Boucher 10 Colonial Road Suite 205 Salem, MA 01970 William F. Quinn, Esq. Tinti, Quinn, Grover& Frey, P.C. 27 Congress Street Salem, MA 01970 RE: Proposed Davita Dialysis Clinic at 207 Highland Avenue, Salem, MA Dear Attorney Quinn: I am a Registered Nurse licensed to practice in the Commonwealth of Massachusetts, and employed by Davita Health Care Partners, Inc. as the Facility Administrator. In my position, I am intimately familiar with the present licensing and operations of the Salem Northeast Dialysis Center currently operated by DaVita at 10 Colonial Road, Salem, and DaVita's proposed move and expansion of this center to 207 Highland Avenue, Salem. This clinic as it exists, and as it will operate at 207 Highland Avenue, provides clinical care only for dialysis patients suffering from chronic kidney failure or end-stage renal failure. The dialysis.clinic is not licensed for, nor will it at any time provide any medical care or treatment for mental health problems or addictive behaviors, and, specifically, will not provide any mental health counseling, methadone maintenance, or any other kind of medical care to treat drug addicted persons. Very truly yours, ^ O� e v Tracy Boucher RN PETITONER'S PROJECT STATEMENT AND GROUNDS FOR SPECIAL PERMITS PROJECT STATEMENT FOR SALEM NORTHEAST DIALYSIS CENTER Applicant and Proposed Use The applicant,Salem Northeast Dialysis Center, a DaVita Dialysis Company(collectively referred to as"DaVita"),currently operates a dialysis clinic at 10 Colonial Road in Salem. DaVita is a Fortune 500 company which,through its Kidney Care Division, provides dialysis and related health care services to patients with chronic kidney failure and end-stage renal disease at 2,197 outpatient dialysis centers located in the United States serving about 174,000 patients, and also operates 93 similar centers in other countries. This application, if approved,will allow Salem Northeast to be moved to and operate a new, more modern and expanded dialysis facility at 207 Highland Avenue, including regional administrative offices. While the existing facility operates with 16 patient dialysis stations,the proposed new facility will operate 22 patient stations, plus a Home Training Suite for more mobile patients. Additional staff will be employed to assist in treating the additional patients. Because an individual dialysis treatment lasts from 3—6 hours,the total number of patients receiving treatment will not exceed 66 patients per day. As at the existing facility, some patients will arrive by private car,and some will be transported by van or by ambulance. The number of individuals receiving the home training will vary from 4-6 per day. The facility will receive delivery of supplies at its rear service entrance via,semi- trailer once or twice per week. The work to install the new dialysis clinic will be to the entrances and windows of the building, and to build-out the interior spaces as shown on the design drawings submitted. There will be no expansion or change to the footprint of the building. More than adequate on-site parking for the new facility will be accommodated by the more than one hundred fifty(150)existing paved parking spaces on the site,which is a former automobile dealership. Special Permit Required for Medical Clinic The property at 207 Highland Avenue is located in the B-2 (Business Highway)Zoning District. Medical clinics may allowed in this Zoning District by Special Permit granted by the Zoning Board of Appeals under Sections 3.1.2 and 9.4 of the Ordinance, upon its finding that such use will not be more detrimental to the neighborhood than the existing use. Here the existing use is vacant commercial space in a former automobile dealership. Special Permit Also Required to Allow for Shared On-Site Parkins As shown by the applicant's Parking Plan,there exist more than 150 paved parking spaces on this site,which is a former automobile dealership. On each shift,the applicant will have 4 professional staff(Ordinance Table 5.1.8 requires 3 spaces for each medical clinic professional= 12 spaces)and 10 additional employees (Table requires 1 space for each 2 other employees=5 spaces) for a total requirement of 17 on-site parking spaces for the applicants use. Several of these will be reserved for as handicap and van parking as shown on the Plan. Under the terms of its pending lease, DaVita will be entitled to the required 17 designated exclusive spaces(including the Handicap and van spaces) and also 23 non-exclusive (shared) parking spaces. Because some of DaVita's parking may be shared by other tenants, Section 5.1.7 of the Ordinance requires a Special Permit to allow shared parking among the tenant uses on the site. Statement of Grounds for Special Permits a. The Special Permit for Dialysis Clinic Use The proposed change by allowing this non-conforming medical dialysis clinic use within the existing building at 207 Highland Avenue,Salem will not be substantially more detrimental that the existing use to the neighborhood, in accordance with Section 9.0 orthe Ordinance based upon the following criteria: a. Social, economic and community needs served by the proposal There is a great need to good quality dialysis medical services by ill and elderly patients in the Salem area that will be met and improved by Salem Northeast's operation of this new dialysis facility; it is also in the City's economic interest to have this underutilized commercial property improved and tenanted by a first-class medical clinic that will add economic support and enhance the commercial viability and tax-paying ability of the property owner. b. Traffic flow and safety, including parking and loading The property is located on Highland Avenue (Mass. Route 107)which is a divided commercial roadway, and patients and visitors will have vehicle access to the site by a direct curb-cut from Highland Avenue,and by a second curb cut on the property adjacent to First Street. The visits by about 66 patients/day and facility employees is not likely to cause any significant traffic congestion or safety issues on Highland Avenue. More than 150 on-site parking spaces are available and the applicant is only required to have 17 parking spaces under the Ordinance. If the petition is approved,the building will be fully occupied by three tenants:the Eastern Gate Christian Fellowship,Joseph Storehouse Food Pantry,and the clinic. Per the Parking Plan submitted,there are large areas available for parking adjacent to the Fellowship space and the Food Pantry space that are remote from and not likely to be used by visitors to the clinic. Further,the clinic will not operate on Sundays, when the Fellowship conducts its Sunday services. We are advised that about 60 people attend the Sunday service, about 30 attend the Friday evening services and about 15 people attend daily services. The Food Pantry is open to the public on most Saturdays from 10:00 AM to 3:00 PM. We are advised that an average 10-20 cars per Saturday day visit the Food Pantry. No loading docks will be required or utilized for delivery of supplies and equipment to the facility, and all unloading and deliveries will be accommodated through delivery doors at the rear of the building. c. Adequacy of utilities and other public services All necessary utilities and public services are already available at the site. d. Impact on the natural environment, including drainage Because there will be no expansion of the building footprint or construction work to expand the parking lot,which is already fully paved,granting the application there should be no adverse impact on either the natural environment, or site drainage. e. Neighborhood character As this is an existing building and parking lot zoned for highway business uses,this application for a relatively low-volume medical dialysis clinic should have no negative impact upon neighborhood character. f. Potential fiscal impact, including impact on City tax base and employment The installation and operation of this modern medical facility by world-class company will have the direct positive fiscal impacts of stabilizing the property as a tax-paying entity and adding to the City's employment base by adding two new regular employees to its Salem staff to meet the increased number of patients being treated. b.The Special Permit to Allow Shared Parking on Site The dialysis clinic schedule is to be open Monday through Saturdays, from 5:00 AM to 9:00 PM, and to be closed on Sundays. The clinic will have 17 exclusive use parking spaces for cars, handicap drivers and patient-delivery vans adjacent to its main entrance as shown on the Plan. The clinic's additional 23 parking spaces with be non-exclusive (shared)spaces. There are more than 60 additional paved parking shapes near the clinic entrance to satisfy that need. The building has two other tenants, the Joseph Storehouse and Food Pantry of Salem, which occupies about 2,040 SF at the rear of the building, and is open to the public on most Saturdays from 10:00 AM to 3:00 PM. Volunteers also bag food on Wednesdays and pick it up for delivery on Fridays. Saturdays are most busy,with 10-20 cars visiting the Pantry, and their parking easily accommodated by parking spaces near its entrance,which is on the back side if the building,far away from the clinic parking. The Eastern Gate Christian Fellowship occupies about 12,606 SF at the front of the building,and holds its worship services daily(about 15 people on average attend these) on Fridays at 7:00 PM (about 30 people attend), and Sundays at 10:00 AM (about 60 people attend). There is more than sufficient parking adjacent to its own entrance to serve the Fellowship entrance every day except possibly on Sunday,when the clinic is closed, and its non-exclusive parking spaces can be used for any additional parking needs of the Fellowship. These circumstances,together with the number and arrangement of parking areas on the site are sufficient to support a finding bythe Board that there is sufficient on-site parking for all tenants, including the clinic,and that the parking uses will not occur simultaneously to such a degree as to cause any shortage of parking. Therefore the Board isjustified in granting a Special Permit to allow the applicant to meet its parking obligations by a combination of its dedicated and shared parking as shown on its Site Plan, pursuant to Section 5.1.7 of the Ordinance. CONCLUSION Based upon the facts and circumstances presented by the petitioner,the Zoning Board may make findings sufficient to support its decision to grant both the Special Permit for medical clinic use and the Special Permit to allow shared parking at the site, as requested. CERTIFIED SITE PARKING PLAN MAP 13 LOT 12 MIREF HAWTHORNE, LLC 4 FIRST ST. v, ° S s272 '1a• w 261.97 0�O 18 spaces I __ 1O sPoces I I I 14 spaces j I 1 I I 1 6 spacer FINAL LOCATION OF I I TOR SUBJECT AND LDNGINSP SUBJECT TO BUILDING INSPECTOR ' � APPROVAL I I I IN I \\ I 1 � ® sTtio. I °;a 1 I 7 DEDI A- \ SPA \ \\ 11 3 I Ld i " DAVITA i = IL S CLINIC em N„ 1 h m I I tx mvr 1 I ' et✓ ris a,r � 84.5' 1 E y 1 �w < U1a1 (n i MAP 13 LOT 2 • ^ao AREA = 3.4 t ACRES 6 "" 13 .6' i r z z 005 (L 6 #ZO7 DEDICATED I to S I SPACES d W n I I CAR — �F N PORT a 1 I I I I I I ' I I I I I I I I 1 1 I I 1 \ \ I I \ \ I I q 17 SPACES__ ____ lid I \\ \7 \\ I ' L______________ 1 I ____________I 1 375.00' \ 1 � N 51'2105 E �--------- 1 HIGHLAND AVENUE SITE PARKING PLAN FOR LEGEND 2� SN°F^fqSs9cy SALEM NORTHEAST DIALYSIS LIGHT POLE0 SMITHH GAIL (A DAVITA DIALYSIS COMPANY) y PREPARED FOR UTILITY POLE NO.35063 1�S,1.FG/STE\� ZONING BOARD OF APPEALS LAND Sly TABLE OF PARKING 207 HIGHLAND AVENUE REQUIRED SALEM 4 MEDICAL PROFESSIONAL x 3 = 12 PROPERTY OF 10 EMPLOYEES x .5 = g TOTAL = 17 SOUTHERN ENTERPRISES, LLC PROVIDED 17 SCALE 1" = 50' JULY 14, 2015 TOTAL SPACES ON LOT - 153 SPACES NORTH SHORE SURVEY CORPORATION 0 50 100 14 BROWN STREET - SALEM, MA 978-744-4800 #4197 i MAP 13 LOT 12 MIREF HAWTHORNE, LLC " 4 FIRST ST. S 52'12'18" W \ ^� h° 18 spaces 10 spaces I \ I I \ I I I I 1 I a II M I I 14 spaces I 1 I I I I I I I 1 I I I 6 spaces I I I 1 I I I I I I 1 I i I I I I I I I 1 I I I 1 I I \ / I FINAL LOCATION OF \\ DUMPSTER AND GENERATOR ---J SUBJECT TO BUILDING INSPECTOR i APPROVAL \\ I / , I 20' / \\ I / � I I b \ I I T 1 �y b 1 I to W 'n I d V U I Q U \1 b Q I I � n p i 01 m I 1 I I I b I I to m L M I I I Z I I as 7 DEDICATED SPACES DAVITA w i CLINIC I HC VAN MAP 13 LOT 2 W ; AREA = 3.4 f ACRES m i WI N I I I W i N i n M ,p 1 i m HC VAN Lim M M I I I I I i I N I I j 1 1 I c HC VAN 10 EEDROP OFF r. cc I b HC#4 N r 84. ' w k 10 \ \ m HC#3 9X22 w �$ spaces U_ Q m10 T HC#2 DEDICATED a av SPACES i C� Z I E O O d W I J \ #207 E � HC#1 —'w00 R0' 135.6' N S Q W N N I I I I I I I I 1 I 1 I I I I I I I I I I I I 1 I 1 1 I 1 I I I 1 N I 1Li I 1 I 1 a I j N I I I I I I I I I I I i I I I I I I I I I I I I I I j i 1 I I 1 I \ \ I I I \ \\ 1 I \ \ I 1 1 \ \ I 1 I \ \ I I I I I I \ \ 1 I I 01 In j 17 SPACES I \ \ --------------- I L ----------------------------------------- I I 1 1 \ \ \ I I 1 375.00' \\ \\ N 51'21'05" E \ `------------------------- HIGHLAND AVENUE SITE PARKING PLAN FOR SALEM NORTHEAST DIALYSIS (A DAVITA DIALYSIS COMPANY) =��P�tH Of Mgss9 PREPARED FOR fGAIL L. �s TABLE OF PARKING 0 SMITH mN ZONING BOARD OF APPEALS NO.35043 REQUIRED q 4 MEDICAL PROFESSIONALS x 3 = 12 mSSF�/STERE° 207 HIGHLAND AVENUE 10 EMPLOYEES x .5 = 5 %54L LAND S�{� TOTAL = 17 SALEM PROVIDED 17 PROPERTY OF TOTAL SPACES ON LOT — 153 SPACES SOUTHERN ENTERPRISES, LLC GRAPHIC SCALE SCALE 1 " = 50' JULY 14, 2015 20 a 10 20 '0 so NORTH SHORE SURVEY CORPORATION ( IN FTL-r 14 BROWN STREET - SALEM, MA I inch - 20 fL 978-744-4800 #4197