The URL can be used to link to this page

347 HIGHLAND AVENUE - ZBA z� ��h�d � r�t�-� �_ i �S. STA ge r aarchate cts, Inc, �i« � Jon A.Seger c principal •i?>,�, 10 Derby Square h ,- Salem,MA 01970 e 978.744.0208/L 978.744.0145 - - - -_- - i segerarchiteeu,eom. * lohnaseger@segerarchitecn.com Zoning Board Proiect Status Sheet Address & Applicant: �3!—] W% cY(& `CLVi CA Date Submitted to BOA: MIJ,-rC ," 2 L ZONS ❑ Clerk Stamp: 1--( mm-k 2n 1S Variances Only - Constructive Approval Date: (loo days from filing) m*"' Abutters List Requested: . V Abutters Notice Sent: VNotice to Abutting Cities & Towns, Councillors: /Legal Notice posted at City Hall: (14 dugs before meeting) M' Legal Notice Emailed & Confirmed: egal Notice Posted on Web: ,�K Agenda to Applicant: Applicant's email address or fa number to send agenda: Opened at Meeting: y 15 l5 Continued Meetings: N�R Extension Form(s) Signed & Clerk Stamped? Closed at Meeting: `1 r Decision: Decision Filed: 2 Appeal Period Over: (21" dity after decisioal filed) Decision Sent to Applicant: e Notice of Decision Sent to abutters, cities and towns, councillors: ZBA ACTION FORM BOARD MEMBERS MOTION SECOND VOTE Date: W/( rj/�5 Rebecca Curran(Chair) Peter Co elas ice Chair Petitioner; Tom Watkins Mike Duf C Richard Dionne Address: Jimmy Tsitsinos (Alternate) rr Conditions: —� C��/1� 1 �IC� hS Oq Z�O10 Total: ❑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. El All 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. ❑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. i CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET*SALEM,MASSACHUSETTS QA970 KIMBERLEY DRISCOLL TEE:978-745-9595 ♦ FAX:978-740-9846 c MAYOR M m P*t "O April 29, 2015 N Decision " m� J> City of Salem Board of Appeals 3 A petition of NORTHEAST ANIMAL SHELTER seeking a Special Permit fro►the}provisions of Sec. 3.3.3 Nonconforming Structures to allow the extension of a non-conforming strucare to allow a 4,928 square foot addition,without narrowing the side yard for the property located at 347 HIGHLAND AVE (Map 7 Lot 44)(BPD Zoning District). A public hearing on the above Petition was opened on April 15 , 2015 pursuant to M.G.L Ch. 40A, § 11. The hearing was closed on that date with the following Salem Board of Appeals members present: Ms. Curran (Chau),Mr.Copelas,Mr. Duffy,Mr.Watkins,Mr. Dionne. The Petitioner seeks a Special Permit requesting relief from Sec. 3.3.3. Nonconforming Structures of the Salem Zoning Ordinance,to allow for an extension of a non-conforming structure. Statement of facts: 1. John Seger of Seger Architects presents the petition on behalf of the applicant.Attorney Jared Eigerman and Ms. Betty Ozolins,representative for Don Shapiro,also presented portions of the petition. 2. Northeast Animal Shelter received a Special Permit from the Zoning Board of Appeals on April 11, 2006. 3. Permit In the petition date-stamped March 24,2015, the Petitioner requested a new and separate Special Permit requesting relief from Section 3.3.3 Nonconforming Structures of the Salem Zoning Ordinance to allow a 4,928 square foot single story addition and relocate existing outdoor play areas in accordance with plans titled"Northeast Animal Shelter"prepared by Seger Architects EX-0 through EX-6 dated Match 22,2015. 4. The proposed 4,928 square foot addition will extend along an existing non-conforming structure with an existing 8.8 feet side-yard setback. 5. There are a total of 86 parking spaces proposed. There will be 25-26 parking spaces removed to provide spaces for the proposed outdoor play areas. 6. Traffic flow and circulation patterns will remain the same. 7. There will be no impact on the adequacy of utilities or other public services. City of Salem Board of Appeals April 29,2015 Project:347 Highland Ave Page 2 of 3 8. The petitioner will to work with a geotechnical engineer to complete a site analysis and possible stormwater management plan to construct an onsite drywell, if needed, to manage any additional stormwater that may be generated by the proposed addition. 9. The petitioner stated that the outdoor play areas are not dog runs as animals are never left in outdoor play areas unattended and are not left in the area for an extended period of time. 10. The Zoning Enforcement Officer confirmed that the petitioner has legally met the all conditions of the 2006 Special Permit and will continue to be bound by the Decision. 11. The proposed addition materials and architectural style will be in harmony with the existing structure. 12. The requested relief,if granted,would allow the Petitioner to allow the construction of a 4,928 square foot addition that will extend along and existing non-conforming structure and to relocate and expand the outdoor play areas in accordance with the titled "Northeast Animal Shelter" prepared by Seger Architects EX-0 through EX-6 dated March 22,2015. 13. At the public hearing no members of the public spoke in favor of, or in opposition to, the petition. 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, snakes the following findings that the proposed project meets the provisions of the City of Salem Zoning Ordinance: Findings for Special Permit 1. The Board finds that the proposed expansion of the Northeast Animal Shelter of this dimensionally non-conforming building is not more detrimental than the existing structure to the impact on the social,economic or community needs served by the proposal. 2. There are no impacts on traffic flow and safety, including parking and loading as the number of parldng spaces proposed are in compliance with the Salem Zoning Ordinance and traffic flow will remain the same. 3. The capacity of the utilities is not affected by the project. 4. There will be no impacts on the natural environment, including drainage as any stormwater management impacts will be mitigated through the construction of a drywell, if needed. 5. The proposal conforms to the existing neighborhood character. 6. The potential fiscal impact is positive. On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5) in favor (Ms. Curran (Chair),Mr. Copelas, Mr. Duffy,Mr.Watkins,Mr. Dionne) in favor and none (0) opposed, to grant a Special Permit for relief from Sec. 3.3.3 Non-conforming Structures to allow the extension of a non- conforming structure to allow a 4,928 square foot addition,without narrowing the side-yard at the property located at 347 Highland Ave.The approval also includes the relocation of an existing play area,subject to the existing conditions that were approved in the Zoning Board of Appeals decision dated April 11, 2006. City of Salem Board of Appeals April 29,2015 Project:347 Highland Ave Page 3 of 3 Rebecca Curran, Chair 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 Lams Chapter 40A, and shall be fled within 20 days of fihag of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 404, Section 11, the Variance or Special Pemsitgranted herein shall not take effect until a copy of the decidon bearing the certificate of the City Clerk has been fled n ith the Essex South Registry of Deeds. _ r "r QtA�O�'LLQ� CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 120 WAST-I NGTON STREET 1 SALEM,MASSACHUSETTS(44970 KIMBERLEY DRISCOLL TELE:978-745-9595 ♦ FAX:978-740-9846 " g MAYOR , r" m m -o April 292 2015 = s' F N Decision �)" City of Salem Board of Appeals A petition of NORTHEAST ANIMAL SHELTER seeking a Special Permit frtsm the.provisions of Sec. 3.3.3 Nonconforming Structures to allow the extension of a non-conformitfg W struct%re to allow a 4,928 square foot addition,without narrowing the side yard for the property located at 347 HIGHLAND AVE (Map 7 Lot 44)(BPD Zoning District). A public hearing on the above Petition was opened on April 15 , 2015 pursuant to M.G.L Ch. 40A, ( 11. The hearing was closed on that date with the following Salem Board of Appeals members present: Ms. Curran (Chair),Mr.Copelas,Mr. Duffy,Mr.Watkins,Mr. Dionne. The Petitioner seeks a Special Permit requesting relief from Sec. 3.3.3. Nonconforming Structures of the Salem Zoning Ordinance, to allow for an extension of a non-conforming structure. Statement of facts: 1. John Seger of Seger Architects presents the petition on behalf of the applicant.Attorney Jared Eigerman and Ms. Betty Ozolins,representative for Don Shapiro,also presented portions of the petition. 2. Northeast Animal Shelter received a Special Permit from the Zoning Board of Appeals on April 11, 2006. 3. Permit In the petition date-stamped March 24,2015, the Petitioner requested a new and separate Special Permit requesting relief from Section 3.3.3 Nonconforming Structures of the Salem Zoning Ordinance to allow a 4,928 square foot single story addition and relocate existing outdoor play areas in accordance with plans titled"Northeast Animal Shelter"prepared by Seger Architects EX-0 through EX-6 dated March 22,2015. 4. The proposed 4,928 square foot addition will extend along an existing non-conforming structure with an existing 8.8 feet side-yard setback. 5. There are a total of 86 parking spaces proposed. There will be 25-26 parking spaces removed to provide spaces for the proposed outdoor play areas. 6. Traffic flow and circulation patterns will remain the same. 7. There will be no impact on the adequacy of utilities or other public services. A. - City of Salem Board of Appeals April 29,2015 Project: 347 Highland Ave Page 2 of 3 8. The petitioner will to work with a geotechnical engineer to complete a site analysis and possible stormwater management plan to construct an onsite drywell, if needed, to manage any additional stormwater that may be generated by the proposed addition. 9. The petitioner stated that the outdoor play areas are not dog runs as animals are never left in outdoor play areas unattended and are not left in the area for an extended period of time. 10. The Zoning Enforcement Officer confirmed that the petitioner has legally met the all conditions of the 2006 Special Permit and will continue to be bound by the Decision. 11. The proposed addition materials and architectural style will be in harmony with the existing structure. 12. The requested relief, if granted,would allow the Petitioner to allow the construction of a 4,928 square foot addition that will extend along and existing non-confornming structure and to relocate and expand the outdoor play areas in accordance with the titled "Northeast Animal Shelter" prepared by Seger Architects EX-0 through EX-6 dated March 22, 2015. 13. At the public hearing no members of the public spoke in favor of, or in opposition to, the petition. 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 1. The Board finds that the proposed expansion of the Northeast Animal Shelter of this dimensionally non-conforming building is not more detrimental than the existing structure,to the impact on the social,economic or community needs served by the proposal. 2. There are no impacts on traffic flow and safety, including parking and loading as the number of parking spaces proposed are in compliance with the Salem Zoning Ordinance and traffic flow will remain the same. 3. The capacity of the utilities is not affected by the project. 4. There will be no impacts on the natural environment, including drainage as any stormwater management impacts will be mitigated through the construction of a drywell, if needed. 5. The proposal conforms to the existing neighborhood character. 6. The potential fiscal impact is positive. On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5) in favor (Ms. Curran (Chair),Mr. Copelas, Mr. Duffy,Mr. Watkins,Mr. Dionne) in favor and none (0) opposed, to grant a Special Permit for relief from Sec. 3.3.3 Non-conforming Structures to allow the extension of a non- conforming structure to allow a 4,928 square foot addition,without narrowing the side-yard at the property located at 347 Highland Ave. The approval also includes the relocation of an existing play area, subject to the existing conditions that were approved in the Zoning Board of Appeals decision dated April 11, 2006. City of Salem Board of Appeals April 29,2015 Project: 347 Highland Ave Page 3 of 3 h� Rebecca Curran, Chair Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH T14E PLANNING BOARD AND THE CITY CLERK Appeal from this decision, if arty, ,shall be made pursuant to Section 17 of the Massachusetts General Lams 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 Laver Chapter 40A, Section 11, the Vanance or Special Permit granted herein shall not take effect until a copy of the decision beating the certificate of the City Clerk bas been filed mith the Essex South Registry of Deeds. I CrrY OF SALEM, MASSACHUSETTS BOARD OF APPEALS coi�nir9 PETITION FORM CITY OF SALEM,MASSACHUSETTS u T .. BOARD OF APPEAIS q; 35 X, j&MAR 214 A 0"� 120 WASHINGTON STREET,3an R SALEM,MASSACHUSETTS 01970 r kl F i Thomas St.Pierre,Director of Inspectiorol_Sdr¢ic',es r�' Phone:978-619-5641 /Fax: 978-740-9846 g��w ICm[ ;, + q�'p r•- - aRRl,ev DRISCOW, Erin Schaeffer,Staff Planner I L MAYOR Phone:978-619-5685 /Fax: 978-740-0404 TO THE BOARD OF APPEALS: DEPT. Or'PL'111N!I JU. The Undersigned represent that he/she is/are the owners of a certain parcel of land located atDMy Address: 347 Highland Avenue p Zoning District: BPD; ECOD (but n.a.) 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: I am proposing to construct a 10'x 10'one story addition to my home located at 3 Salem Lane, in the R-1 Zoning District The Zoning Ordinance requires the minimum depth of the rear yard to be 30 feet. The current depth of my rear yard is 31 feet; the proposed addition would reduce the depth of the rear yard to 11 feet.) Northeast Animal Shelter, Inc. (Applicant), a Mass. non-profit corp., owns the Site, ants operates there an animal shelter Win a 1-story, 13,190 s.f. building (Existing Building). Applicant proposes a 1-story addition of 4,928 s.f. (Addition), located within a notch at the rear of the Existing Building, in place of existing outdoor dog pens. The animal shelter is a lawfully nonconfoming use, and the Existing Building is a lawfully noncon- forming structure. Therefore, the Addition requires a special permit per Section 3.3. For this reason I am requesting O Variance(s)from provisions of Section of the Zoning Ordinance,specifically from (i.e. minimum depth of rear yard). What is allowed is (ft?sq ft?stories? W), and what I am proposing is (ft?sq ft?stories? %?). V_Special Permit under Section 3.3 of the Zoning Ordinance in order to extend nonconforming structure by 4,928 s.f. without narrowing side yard ( )Appeal of the Decision of the Building Inspector(described below): ( )Comprehensive Permit for construction of low or moderate income housing(describe below): Current Property Use:Animal Shelter Are Lot Dimensions Included Yes ( )NO Why? (F_ample:Two Family Home) The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and allow She 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. h ' 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) 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. ®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. /f different from petitioner: Petitioner:Northeast Animal Shelter, Inc. Property Owner: Address:347 Highland Ave.,Salem,MA 01970 Address: Telephone:(978) 745-9888 Telephone: Email:donald.s@neas.orgg .+ Email: G Signature: /:Zf!< CC�2(/Ld Signature: March 23, 2015 (Attached coment letter is also acceptable) Date: Date: If differentfrom petitioner: Representative:John A. Seger, AIA Address:Seger Architects,Inc.,10 Derby Sq.,Salem,MA 01970 A TRUE ATTEST Telephone:(978) 724-0288 Signature: Date:MaA 23, 2015 CITY CLERK DATE DPCD DATE This original application must he filed with the City Clerk NARRATIVE IN SUPPORT OF APPLICATION FOR SPECIAL PERMIT (THIS "APPLICATION") NORTHEAST ANIMAL SHELTER,INC.,347 HIGHLAND AVENUE,SALEM,MA 01970 MARCH 23,2015 1. Introduction Northeast Animal Shelter,Inc. (the "&& hcant'),a Massachusetts non-profit corporation, organized in 1976,owns the real property located at 347 Highland Avenue ("Site"),where it operates a no-kill animal shelter within a one-story,steel-framed,concrete-block building (the "Existing Building")with a gross floor area of approximately 13,190 square feet ("s_f."). The purpose of this Application to obtain a Special Permit pursuant to Section 3-3 of the Salem Zoning Ordinance to extend and alter the lawfully nonconforming animal shelter use and the lawfully nonconforming Existing Structure by constructing a one-story,horizontal addition (the "Addition' with a gross floor area approximately 4,928 s.f. Excluding storage areas,total interior area used by employees and visitors to the Site will be approximately 13,000 s.f. 2. The Site The entire,approximately 94,965 s.f. Site is located within the Business Park District (the `BPD"),and that portion of the Site within 150 feet of the centerline of Highland Avenue is located within the Entrance Corridor Overlay District ("ECOD"). The Board of Appeals (the `Board") originally approved the animal shelter by Special Permit in 2006,as a conversion from one lawful nonconforming use (car dealership) to another. (Essex Registry of Deeds Bk 25642,Pg 205.) A copy of the 2006 Special Permit for the Site is attached to this narrative as Exhibit A. 3. Project The Applicant proposes to construct a one-story addition,measuring approximately 4,928 square feet (64'4"x 77'4x,within a notch at the rear of the Existing Building (the"Project�. (See drawings dated March 22,2015.) The Addition would replace outdoor dog pens at that location. Although the required side yard width in the BPD is 30'-0",the southerly wall of the Existing Building is located within 8'-8" of the side lot line. The Addition will include extending the exterior at the same nonconforming distance within the required side yard,and so requires a special permit but not a variance. (Zoning Ord. sec. 3.3.4.) The entire Addition will be constructed more than 150 feet from the centerline of Highland Avenue,so the Project is not subject to ECOD zoning. a. Outdoor Dog Play Areas The Project also includes construction in the animal shelter's accessory parking lot (the "Accessory Parking Lot D of new play areas for large dogs (the "Large Dog Play Areas"),located behind the Existing Building,as well as a small dog play area (the "Small Dog Play Area's to be located at the front of the Existing Building. The Large Dog Play Areas would include: four fenced-in areas of 900 s.f. each (30'-0"x 30'4x; five cages of 64 s.f. each (8'-0" x 8'-0");and fenced Narrative in Support of Application for Special Permit re 347 Highland Avenue pathways measuring 6'-0"in width. The Small Dog Play Area would be approximately 1,296 s.f in area (27'-0" x 48'-0'). Please see Sheet EX-4 of the drawings. b. Parking Installation of the Large Dog Play Areas will require eliminating 26 parking spaces in the Accessory Parking Lot, for a net of 100 spaces. Section 8.3.3 and Table 5.1.8 of the Salem Zoning Ordinance does not specify a parking requirement specific to animal shelters. Since the animal shelter opened at the Site almost a decade ago,employees and visitors have never used as many as 100 parking spaces at a time. For the purposes of comparison, "Retail business and service establishments,except eating and drinking places,"require one (1) space for each 150 s.f. of gross floor area,excluding storage area. Excluding storage areas,the Project will have a gross floor area of approximately 13,000 s.f,which,if were retail space,would require 87 spaces,fewer than proposed. C. Loading Table 5.2.3 of the Salem Zoning Ordinance does not specify a loading requirement specific to animal shelters. However,even if the 18,118 s.f of gross floor area resulting from the Project were retail space,it would fall below the threshold for required loading spaces. d. Landscaping and screening The ground surface of both the Large Dog Play Areas and the Small Dog Play Area will be permeable outdoor turf. All dog play areas will be surrounded by vinyl-coated,chain-linked fencing, with a height of six feet (6'-0"). Unlike the Addition, the fence around the Small Dog Play Area is located within the ECOD, and so will require a fence permit from the City's Building Department. (See Salem Zoning Ord. sec. 8.2.4.3.) 4. Statement of Grounds The Board of Appeals may award a special permit to reconstruct,extend, alter,or change a nonconforming structure in accordance with Section 3.3 of the Salem Zoning Ordinance only if it determines that such reconstruction,extension, alteration,or change shall not be substantially more detrimental than the existing nonconforming structure to the neighborhood. Based on the materials provided with this Application,the Board should find that the Project will not be substantially more detrimental to the neighborhood than the Existing Building. a. Social, economic, or community needs served by the proposal The Northeast Animal Shelter occupies an existing building constructed in 1971. Through the Project,the Applicant proposes to improve its non-profit services to the North Shore by replacing outdoor dog pens along its side lot line with enclosed space,including a quarantine area for dogs. To replace the dog pens functionally,the Project will include the installation of new outdoor play areas for large and small dogs. The Project will result in improved care for rescued animals. Page 2 Narrative in Support of Application for Special Permit re 347 Highland Avenue b. Traffic flow and safety, including parking and loading There is no change expected to traffic flow, circulation,and traffic impacts from the Project. The Accessory Parking Lot will continue to function as before, and use the existing curb cut. C. Adequagy of utilities and other public services The Project does not include any changes to existing utilities services for the Site. For example,three propane tanks located within the Accessory Parking Garage would remain. The Large Dog Play Areas will be sited to avoid encroaching upon them. d. Facts on the natural environment, including drainage The Site has been developed for many decades, and has no natural features, such as ponds, brooks, streams,and wetlands. Approximately 71%of the approximately 94,965 s.f. Site is currently paved. The Project would actually result in slight increase in permeable area at the site. Existing and proposed conditions are as follows: Existing Conditions Proposed Conditions Building Footprint 13,190 s.f. 14% Building Foot rint 18,118 s.f. 19% Paved Area 67,600 s.f. 1% Paved Area 61,662 s.f. 65% Permeable Area 14,175 s.f 15% Permeable Area 15,185 s.f. 16% C: Neighborhood character . Located at the rear of the Existing Building,the Addition will not be visible from Highland Avenue. However,the Addition is designed to be compatible with the Existing Building. Like the Existing Building,the Addition will be constructed out of concrete block,with aluminum trim. Fenestration (both windows and doors) for the Addition will match those of the Existing Building both in configuration and materials (aluminum frames). Please refer to Sheet EX-6 of the drawings. C. Potential fiscal impact, including impact on City tax base and employment The extension and alteration of the Existing Building will serve to improve the long-term economic health of the Northeast Animal Shelter. Although employment at the animal shelter is not expected to change as a result of the Project,the improved facilities represent increased investment in the City of Salem. S. Conclusion For all the reasons given above, and based upon the entire Application,including any additional testimony given at the Board's public hearing on this matter,the Applicant respectfully requests that the Board grant the special permit to allow the Project. Page 3 EXHIBIT A 2006 Special Permit (Southem Essex District Registry Bk 25642, Pg 205) CITY OF SALEM, MASSACHUSETTS'` ® e BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR VVV1�� I SALEM, MASSACHUSETTS 01970 /� (� 1 6 TELEPHONE: 978-745-9595 109b APP�RryI i II1 A 10: :02 2 / 1 }� 467002 FA%: 978-740-9848 YI IIIIW�I�I�I IIIIIIUIfl1�IlIIIW =50586330 Bk:25642P DECISION OF THE PETITION OF NORTHEAST ANIMAL SHELTERJZe5IzMIiiaGtme OTHER Q QV II REQUESTING A SPECIAL PERMIT FOR THE PROERTY LOCATED AT 347 HIGHLAND AVENUE BPD A hearing on this petition was held on March 29, 2006 with the following Board Members present: Richard Dionne,Nicholas Helides,Bonnie Belair,Edward Moriarty and Robin Stein. 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 request a Special Permit,Per Section 8-5 to allow existing non-conforming use (car dealership)to be converted to an Animal Shelter for the property located at 347 Highland Avenue located in a BPD zone. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3 (2)(8)which provide 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 request 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 for the City's inhabitants. 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. rot -U-Ir m SFE C qxt Na, 674A04 r"L 13091, t3�Ipptl1, I AT- 33? 8IIII1®11111111110 457092 1674051 Btch!200957 southern Essex District Registry 5/5/2005 01:30 PM DC5N DECISION OF THE PETITION OF NORTHEAST ANIMAL SHELTER REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 347 HIGHLAND AVENUE BPD page two The Board of Appeal,after careful consideration of the evidence presented,and after viewing the plans,makes the following findings of fasts: 1. Petitioner,Northeast Animal Shelter,Inc.was represented at the hearings by Attorney Charles Blaisdell of Salem. 2. Petitioner presented two Petitions at both public hearings,numbering in excess of approximately 1100 signatures in favor of the request for a Special Permit. 3. A petition by a score of neighbors was submitted in opposition,raising concerns of traffic,noise,order density, and appropriateness of the proposed use to the neighborhood. 4. Ward 4 Councillor Lenny O'Leary appeared in opposition to echo the complaints of the neighbors in opposition. 5. City Council President Jean Pelletier also appeared in opposition,raising questions of traffic,density,noise,and the most appropriate use of the site in a BPD District 6. Petitioner has standing to move for the Special Permit relief requested pursuant to a document submitted by the owner of record,Cathleen Kavanaugh,Trustee of Kelhon Realty Trust,dated November 29,2005,indicating that an executed Purchase and Sale Agreement had been entered into by and between Northeast Animal Shelter and Kelbon Realty Trust,owner of the premises at 347 Highland Avenue,previously occupied and operated for many years by Kelly Honda, formerly of Salem,now of Lynn,Ma. 7. Petitioner offered evidence that its current location,times 30 years,at 204 Highland'Avenue,is too small and is otherwise inappropriate for its intended purpose,namely at the Ines nonprofit animal shelter in the region that does not destroy animals,specifically cats and dogs,entrusted to its car,and finds suitable homes for said stray animals. 8. Petitioner represented that over 30 years they have placed in excess of 90,000 homeless dogs and cats into loving homes,through a careful and reasoned adoption process. 407092 (Palm 2 0/ 1 6/6/2006 Essex District2) 90ytstry 30 PM DC9N 9. Petitioner represented that the recent relocation of Kelly Honda/Salem to Kelly Honda/Lynn provided the shelter with a golden opportunity to relocate almost across the street from the current location, at a premises that will provide an immediate end- use structure, totally consistent with its goals, objectives and operations, without any structural alterations whatsoever. 10. Petitioner noted, by way of legal argument, that the proposed use would merely substitute one pre-existing non-conforming use, namely an auto dealership, for another non-conforming use, namely the animal shelter, in the BPD Zoning District. 11. However, Petitioner emphasized, in a public Hearing attended by in excess of 100 supporters of this Petition on both occasions, that the requested relief was not in conflict with the general objectives of the Zoning Ordinance, and, rather than being a detriment, would provide a benefit and service, of the highest order, to the City of Salem and Its many and varied pet owners and lovers. 12. Petitioner Indicated that the use of the premises would not be obnoxious, offensive, detrimental, or otherwise create a nuisance to the neighborhood, noting that its current use,just a very short distance up Highland Avenue on the opposite side, had resulted in not one complaint against the shelter for its operation at the police department, animal control officer, or Salem Board of Health In its 30 years of continuous operation. 467092 Of 121 Scutlnrn Esc*x Dit strict Neal°try 6/6/2008 01:30 PM DCSN 13. Petitioner noted that the use of the premises would continue to be commercial, consistent with other surrounding uses, but that the use would be a higher or more valued use in terms of sheltering and saving stray cats and dogs, as opposed to the sale, resale, maintenance, or repair of motor vehicles, specifically Hondas. 14. Petitioner provided plans indicating no structural changes to the premises. 15. Petitioner provided plans indicating more than ample parking, pursuant to Salem Zoning Ordinance, including 146 parking spaces, six handicapped spaces, and 29 parking spaces for employees at premises that currently limit full-time employees to six and part- time employees to 20. 16. Petitioner noted that not only would there be no structural alteration to the building, but that the existing building in its configuration was an end-use building for the shelter's purposes. 17. Specifically, the current configuration of the building would fit perfectly with the animal shelter's intended use. 18. For example, several existing offices and a conference room could be utilized for administration and for adoption purposes. 19. The multi existing auto repair bays would be ideal for indoor runs for dogs. 407052 (Papa 4 of 12) Southern Essex 0istriot Registry 5/6/2006 01:30 GM OCSM 20: The rather long and narrow existing auto parts supply room would be ideal for animal food and supplies. 21. In sum, the Petitioner suggested that the building was almost in move-in condition, and is truly an end-use purchase for the shelter. 22. The Petitioner specifically represented that the granting of the relief requested, to substitute one non-conforming use for another non- conforming use, would not adversely impact the neighborhood, would generate less, not more, auto traffic, with more parking, and would be serviced by already existing and adequate utilities and public services, and would have no detrimental impact on the natural environment or character of the neighborhood. 23. Petitioner was receptive to concerns raised by neighbors and the Board regarding traffic, congestion and parking. 24. Petitioner noted that parking would be strictly one-way in and one- way out. 25. Petitioner noted that there was more than ample parking based on the number of trips the facility was likely to generate, on a weekly, monthly, or yearly basis, in the placement of Its adopted animals. 26. Petitioner indicated that the hours of operation would be consistent with those at its current locus, Monday through Friday 9:00 a.m. — 9:00 p.m., and Saturday and Sunday 9:00 a.m. — 6:00 p.m., with the weekends likely to generate more traffic, but not, in any event, more traffic than the current site. ' S46792 outhern Easi�District Poeistry 0I611006 01:90 PM DCBM 27. The Petitioner responded to neighborhood concerns regarding odor, noise and dog waste by indicating that the new building was constructed in a good and workmanlike manner and appeared to provide adequate sound barrier walls and roof. 28. The Petitioner noted that all waste would be contained on premises and handled in a sanitary manner. 29. Petitioners also noted that there would be no outdoor dog runs, and that all of the dogs could run, in a healthy, safe, sanitary, and quiet manner, in the large existing auto shop repair bays on the premises. 30. Petitioner also compared and contrasted, favorably, in terms of density, traffic and noise, the current use of the premises by Kelly Honda with the proposed use of the premises as an animal shelter. 31. Petitioner estimated that Kelly Honda's premises were operated in a manner that generated more traffic, more noise, and more congestion than the proposed operation, based on the number of cars that Kelly sold per week, the number of cars that Kelly repaired per week, the number of customers that came to Kelly's premises weekly, the number of service vehicles that serviced Kelly's, Including numerous car-hauler trailers, etc.,. etc.. 32. By way of contrast, the Petitioner pointed out that it placed far fewer animals per month than Kelly Honda sold vehicles per week, that it had far fewer employees, that it had far fewer vendors and services vehicles, and that, in summary, the use of the premises 967092 IPS 6 of 12) Southern Essex District Registry 6/6/2006 01:90 PN DCSN would be less dense, less noxious and less traffic-intensive than Kelly Honda, of Salem. 33. Mr. Kelly testified that he relocated to Lynn because his Salem site was too small for his expanding Honda business of sale/resale and repair of Honda motor vehicles. 34. Neighbors raised concerns related to outdoor animal runs and leaving animals outside unattended. 35. The Petitioner represented that there would be no outdoor animal runs, and that animals would never be left unattended, in any event, when outdoors. 36. Petitioner also emphasized that, in terms of use of the premises, at anyone time, the animal shelter might have as few as two or three dogs, plus puppy litters, and the same number of cats and kitten litters on premises, and that it was by placing animals in adoption and changing the animal inventory regularly that the center was able to place approximately 90,000 animals with qualified adoptive families over the last 30 years. 37. Neighbors questioned whether the large structure under Purchase and Sale Agreement by the Shelter would be utilized exclusively for Northeast Animal Shelter purposes. 38. The Shelter emphasized that this was an end-use building, that it had absolutely no intention of using the building for any other purpose, and certainly would not be letting or subletting the premises to any other tenant. 467062 (Page 7 of 12) Southern Ess" District Registry 6/612006 01:50 PM DC6N( 39. The opposition to the Petition was concerned not only about the number of animals, but whether the animals were coming from distant points or out of state, and whether the animals were healthy or unhealthy or subject to quarantine. 40. The shelter assured the Board that the dogs would not be shipped in from all over the United States, but, instead, would come from the area, would be appropriately restrained and quarantined, as necessary, under applicable state laws. 41. In summary, the Petitioner presented substantial written and oral evidence, plans, petitions and documents, in support of its contention that a Special Permit should be issued to the Northeast Animal Shelter, to operate its humanitarian animal shelter business, which has been ongoing, without interruption or complaint, for 30 years,just down the road on Highland Avenue at a new adjacent larger, better, safer, cleaner, well-lit, secure facility at 347 Highland Avenue, Salem, MA. On the basis of the above findings of fact, including all of the evidence presented at two very lengthy public Hearings, including, but not limited to, detailed plans, Including the Petition, and substantial, credible and extensive testimony in support thereof, the Zoning Board of Appeals concludes as follows: 1. The proposed use of said premises may be changed from an auto dealership and repair shop to another non-conforming use, namely an animal shelter, insofar as the Board specifically finds that the proposed use is equally appropriate or more appropriate to the District than the existing non-conforming use as an auto dealership. 487092 {Pepe 8 of 12) • Southern Essex District Registry 5/5/2005 01:30 PM DCSN 2. The Board further finds that the relief requested may be granted without substantial detriment to the public good, and without nullifying or substantially derogating from the intent and purpose of this Ordinance. 3. The Board also specifically finds that the granting of the Special Permit, with the conditions and safeguards noted hereinafter, is appropriate and in harmony with the purpose and Intent of this Ordinance. 4. The Board further finds that the proposed use of the premises, as changed, altered or extended by the Petitioner, will not depart from the Intent of this Ordinance and its prior use or degree of use, insofar as the building or its proposed use is neither increased in volume nor area unreasonably. 5. The Board further finds that no structural alterations are being made by the proposed use, that the proposed use provides adequate parking pursuant to all applicable Salem Zoning Ordinance regulations, and that the proposed use Is equally appropriate or more appropriate to the District than the existing non-conforming use. 6. In permitting such change, the Board of Appeals does require certain appropriate conditions and safeguards as noted hereinafter. 467084 (Pace 8 of 121 Southern Essex District Registry 5/6/2006 01;80 PM DCBN • 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. Literal enforcement of the provisions of the ordinance would involve substantial hardship on the petitioner. 2. 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. 3. The Special Permit granted can be granted in harmony with the neighborhood and will promote the public health,safety,convenience and welfare of the City's inhabitants. 4. Special conditions exist which especially affect the subject property,but not the district in general. On the basis of the above findings of fact,the Zoning Board of Appeal voted 5 in favor and 0 in opposition to grant the Special Permit requested,subject to the following conditions. 1. Petitioner shall comply with all city and state statues,code ordinances and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. All construction shall be done as per the plans and dimensions submitted and approved by the Building Commissioner. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. Petitioner shall obtain a Certificate of Inspection. 6. Petitioner shall obtain proper street numbering for the City's Assessors Office and display said number so as to be visible from the street. 7. Petitioner shall obtain approval from any City Boards or Commission having jurisdiction including,hurt not limited to the Planning Board. S. Unless this decision expressly provides otherwise, any zoning relief granted does not authorize Petitioner to demolish or deconstruct any structure(s)on the property to an extent greater than 50.10 of the structure as measured by floor area or replacement cost. If a structure on the property is demolished by any means to an extent of more than fifty percent of its replacement cost or more than fifty percent of its floor area at the time of deconstruction, it shall not be reconstructed except in conformity with this Ordinance. 457002 (Pa0* 10 of 12) Southern Essex District Registry 5/5/2005 01:80 PM DCSN a 9. No animal shall be left unattended outside. 10.Runs must be maintained indoors. 11. Papers from the State regarding the quarantine of dogs be submitted to the City of Salem Health Department 12.If there is any expansion of the use of the premises,Petitioner shall come back to the Board of Appeals for an other Special Permit. el- Special Permit Granted March 29,2006 Edward Moriarty (S'C Board of Appeal 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 20 days atter the date of tiling 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 the 20 days have elapsed and no appeal has been filed,or that,if such appeal has been filed,that is has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner or record or is recorded and noted on the owner's Certificate of Title. Board of Appeal i MAY — 4 1006 I hereby certify that 20 days have aWred from the date this instrument was received, and that NO APPEAL has been filed in this office. A True Copy ATTEST:_CIT?, (�K&Iem, Mass. So7ut9h rn Escsx�otetrii lotZRwistry 51812008 01:30 pM DCBM { Exterior Lighting F 1 . s �p re iY \\\\\ q . 51 . ^ . �e V Wall Sconce Options Dark Sky Downlight Fixture Lamp Post . Dark Sky Downlight fixture Stair Lighting-Wall Mounted Northeast Animal Shelter - Building & Site Improvments r I 347 Highland Avenue, Salem, MAS , N,.M, Owner: Architect: Northeast Animal Shelter Seger Architects,Inc. IOQF_"L"TY LeJL OP:"..ERIT 347 Highland Avenue 10 Derby Square,Suite 3R z 8 Salem,MA 01970 ' Salem,MA Phone:978-744-0208 Fax:978-744-0145 DRAWING INDEX ` a�o� SHEET DESCRIPTION REVISION LOG W CO) ffi' r EX-0 IH COVER SHEET r� EX-t I EXISTING PHOTOS EX-2 EXISTING PHOTOS EX-3 EXISTING SITE EX-4 SITE PLAN EX-5 FLOOR PLAN W y EX-6 ELEVATIONS W Q Ln m PROJECT INFORMATION LatAf ' I _© PROJECT: BUILDING ADDITION h SITE IMPROVEMENTS LOCATION: 347 HIGHLAND AVENUE, SALEM, MA DOSITING BUILDING: 13,190 SF PROPOSED ADDITION: 4,825 SF PROPERTY LINE TOTAL: 18,015 SF c ZONING AND BUILDING DATA . 'LI SMALL DOG PLAY �r` ZONING DISTRICT: (BPD) BUSINESS PARK DEVELOPMENT P EXISTING USE: BUSINESS u y r REQUIRED EXISTING PROPOSEDEn s a `•`•• MIN. LOT AREA: 40,000sf 94,965+/—REG. LAND v 2,698+/— REC. LAND E C MIN. LOT FRONTAGE: 150' 162.76' 162.76' PROPOSED ADDITION MAX. LOT COVERAGE: 45% 85% 84% m x # t" MIN. OPEN SPACE: . 10% 86% 81% u � ' = Y SETBACKS xay x FRONTYARD: 50' 46.2' 46.2' z M SIDEYARD: 30' 8.8'/73.0' 8.8'/73.0' BACKYARD: 50' 263.0' 263.0' `y MAX. BLDG HEIGHT: 50' 16' 14'-4" PARKING: UNSPECIFIED 126 97 SUMMARY OF WORK: CONSTRUCTION OF A ONE—STORY 4,928 SF BUILDING TO AN L, EXISTING ANIMAL SHELTER FACILITY. PROVIDE FENCED IN C o EXTERIOR DOG PLAY AREA. z �e PROPOSED OUTDOOR PLAY O LOCUS PLAN X w FOR SPECIAL PERMIT REVIEW SET ONLY 03/22/2015 • / I 1 - . 1 ` • / I 1 .I r - �r-\__r�4-� ..w�. _ .. � I I .vm�v_-_v __ 'l.f.•i. � ' Illfjjjjjjjj Ail- S."XS; / 1 4n. vi l Ar , 4�PJI d&AW1-19 51 i du, tib /A 9 ®Alf' IR4WV /J - yam, v 5 31 'parr' gg . .' /�'pw.lnjt�.`�v.•I'>, � r,j L9 ,�i�� ' r:a F _ n t -A,I j i3�o9`8r ] // 1.t•!^'2+'�"Y I ��,.I��II �11Y111 Ilrr I i y ' Ii �1.1r rI i1111r V _ - . hT (y� a .• .iii i'r r • H a As� •,. r1•„r.1. . h ri_ ►f/ .��,�` p1,111111] .y •1 ,p111 II i- lr tr, r- y4 ' -� ' • ' ” • • " • ' • 1 ' 11 • ` > I gem.54 ustummgg 14 �' ✓0{9 � �� la� r'��r,� ate- r ., "; �v ', fl(' �i. "1 ,�^ , r r Iq �K+J of�°iii: • �� ,p� g '� ►�`i%, ill I'� � � JO°. � _ ,�1;�� I .��v 1 `'� "'' , �'� {i I i ' to^'Pi j I�•..''e.°J•io°i>:Jiiii°.ill F �;��m� ,j A�� " ^'_, j•°3t<q�ttlilii 'r � i \ € i �7°•:��ep'i 9��•C#•J°eidl \ t V j j6 f►,11,1, t 1'1;,��,',1';, • jj�lb if/�l)l r rri,rr r,rr irov2 r c y� v o i 1 (1 I 11 , h �, h +v ♦'ii v+ ♦ It _ r�(�``/'I l�lltl ll: 1,,�,ri'r'�r' _;. : < v' Z�G.� �'f•Y��h�� r37r+&�'.»�r� �,. •4i ►'• t 11 r �llri r '��'- !*'+Y',e4 e-•s.+p.� e.•,�y e - r 6 (,1►i�'1 i), n' � ve/11►•►1111 i�ijrir ; 4's67:?o �.: - L y. {�b�ll�fll i�,1i11 r'1 r S, r = _ 6 ;it1ttttllt pl �o,t`j t ��'of n 1 I I,t t r r r• y tttttittt't•tl t'1:. �tt ►�. �+ OJ Fr►vrr' �,��ttt'ttt'6i� gsst'5��. Q, •.t �. �, Ovally► � ;, ;,l,,tlbh•r,l � �� '!•�, �• a '•+�'N-V �•e� i •irrll llll�tltt�lil� �. ��••� ��. �' +• ��( 2/ ( r�P f',lil�j 11,1)11•)t �� ' �' �1, �. �® nr T ,�,'i„rllllq;tt �ti{ ! (l,�t �e{t. �• at (• � � - � 7' ,I�,�i�,�,jljrl'�4jll+1t,C1 � � l�s •e � �. ED CEDAR ROAD TRUST �Nw»i CEDAR ROAD TRUST - STEPHEN C. INGEMI, MESSINA L. AMENTA, m TRUST CEDAR ROAD TRUST STEPHEN C. INGEMI. MESSINA L AMENTA. &STEFANA ROSATI TRUSTEES OF JOHN M. INGEMI REALTY sTEFANA .ROSATI 4988 TRUSTEES L.C.C. 49880 STEPHEN C. INGEMI, MD TR L. AMENTA. _ LC.C. 62850 L pC. 49000 g STEFANA ROSAn TRUSTEES L.C.C. 49880 O.oiAnacN N V 8 MNL NNFINWW,9 ,9S(Y G95tX 2 ,ZVR*L Nk.M9G[SN R R ALti9A1AR4 .99'G. T� Yi A1.SL,SGL[N �-- 59.99` R . . N.FTO �$ ` V ^ L TRAFFIC ROW y� —'� ooc PEN R ooc PEN /t g� w Er FpI ° OOO PEN/1 0 Z 6z1N A n W� TRAFFIC ROWw $j �4-- O AREAD 3 -- I STORY I y '�b,�y, vt .. Q aoo / CONCRETE BLOCKBUILDN Sp C ♦ 2a ACES y x 28 SPACES18 5RACEa o I g SS k D ov of 2,fi9BfEFA.(rocor 5-&S.F. T F.( stsred land I z9 rreeyyi ` u Sl c e gTT1a SPA •D + 24• A �W w v 1 Z Bow CrI \ f— N TRAFFIC FLAW ti u s e � s v TRAFFIC Row v C c iNsn ® 19 A 583518 � 'SIVA aem 01-9951X ' x HUTCHINSON REALTY TRUST - .m3,zo,It.9cs z THOMAS L. MCAULIFFE TRUSTEE M L.C.C. 41977 HUTCHINSON REALTY TRUST NOR: n+oMAs L. McnuuFFE TRusTEE DMENSIQlS��Q AND LAYOUT VAX L.C.C. 41977 TAKER FROM SURVEY PFRFORIOD BY HANCOM ASSMATES LOCATED AT 185 CENTRE STREET,_ DANAM, MA DATED 12/5/05 4: &SITE OPROV004TS BY MCKD4DE ENMME11 MO GROUP DATED 10/5/07 �`bi t Q �Z vu. SITE PLAN SCALE: I' - 40' M X W FOR SPECIAL PERMIT REVIEW SET ONLY 03/22/2015 3.1 �Na 501 FAM9RIDIL W OIOf CEDAR ROAD TRUST STEPHEN C. INGEMI, MESSINA L. AMENTA. CEDAR ROAD TRUST TR4CHMNUNK CEDAR ROAD TRUST STEPHEN C. INGEMI, MESSINA L AMENTA. &SIEFANA ROSATI TRUSTEES ,; JOHN M. IN REALTY _ & STEFANA ROSAn TRUSTEES L.C.C. 49880 "'RRRVlllyyy STEPHEN C. INGEMI, MESSINA L AMENIA, LCC 49680 H }� L.C.C. 62858 & STEFANA ROSAn TRUSTEES G REMOG L.C.C. 49880 AM � PAVEPAVERS OVER COMPACTED MST. 8'CHA9IUNK FENCE ,N.OF�yB�N E"I PERMDOOR A'9TTBL GRAVEL WALKWAY {� 4.OY.B0.9EN U m y TURFMST. 6 NUNK FENCE NOSE SO LEEN W x - - x RICH VOTri CHNNLINK I H D� M,i.Z_SCLiN wSGLCN NICHAINUNK EJfISRNG BUFFER io m 1° 1/E OR STOCKADE FENCE NO OR SFFN ie 7/yHIIOLE xSMALL DOGFAmr WTDOIXtFlkNOFF TURF WiDOgT PLAY SIONEDUS�'T BASE •g� C� �L 0 _ OUTDOOR PLAYCON 1. q 1-STORY \ W L ,may B ETE PERIMETER Y �. C� 4.923 ff m L� W z z • x On yF—� L1NE OF 12'HIGH SEASONAL CONCRETE� a 120' F RIC SUNSHADE STEPS h 2 ~ LANDING O TRAFFIC FLOW 3 REFER TO ELEVATIONS (STRIPPING SHOWN FON FOR WALL MOUNTED IF X PAR LIGHT FlKNRES \ 2L' 77 /347 EXISTING BUILDING y m PAVED 13.190 SF AREA ♦♦ N n I pp + R 14 SPACE 18 SPACES 18 SPACES 1 3. C = n \ 24' 24' 15 SPA e 1? FII c F e h C m !— TRAFFC FLOW r- A, TRAFFC FLOW 2 C y1R 19 �}L'ACE ^ Icy \+ 1 ISP t T- SH I I w� �' z TRUST M HUTCHINSON REALTY z K2 1HOMA5 L. MCAUUFFE TRUSTEE 3FD,L4 fKB "P L.C.C. 419]] HUTCHINSON REALTY TRUST PARKING NOTE THOMAS L. MCAUIIFFE TRUSTEE 419]] SPACES HC TOTAL DIMENSIONS BOUNDRIES AND LAYOUT WERE MISTING 1z4 z 1ze TAIQD FROM SURVEY PF MNED BY HANCOCK PROPOSED 95 2 97 ASSOCIATES LOCATED AT 185 CENTRE STREET, DANVERS. MA DATED 12/5/05 &SITE OPROYFHENIS BY MCNEN7E ENOUNB]8NG GROUP DATED 10/5/07 O i� SITE PLAN SCALE: 1'.a v X w FOR SPECIAL PERMff REVIEW SET ONLY 03/22/2015 PROPERTY LINE ADDITION EXIST.CHAINLINK - �� E� ze-Y m'-:o' FENCE _- _- - - - _ 70f `�xa PAVERS MA usum TO LARGE DOG LINE OF PAVERS �I MOf OUTDOOR PLAY -� EXISTING PUPPY ADOPTION V E 1 6' HIGH VINYL CHAINLINK �i { TT , II I 'r SMALL DOG FENCE FF.• Ir p S ._ 1.. �� 8561 SING ROOM ;It -J� i I , _ - 1 OUTDOOR PLAY ►� l IL-1 ' I i ! (PERMEABLE OUTDOOR TURF) 4 1 IF v �l [ jammisimFT 45 J _J OFFICE __I - w o co LAUNDRY U �� YT - y j - F OUARAN TINE I � I 1 1 :. -. •�' ri MEN'S � I 1 � OFFICE I � —.�` I ,L I �j . ' + RECOVERY �� I L -� �. it EXISTING DOG l ,� .EXISTING CAT 1 ADOPTION I - _ ILADOPTION I+ r � IJ i. � ►� PACK & PREP SURGERY I� I � t �• �1 i r OlG 4C r`PWI r CLEAN —U—PiROOM fF r 'p -��LjL �.Lll r EXPANDED.STORAGE I� 805 SF .. u h �7 �EXISTING •� 61 _ � L r ADMINISTRATION _ _ _ LOBBY -- - �. P - r , DM NISTP w IY BB EXI99,, .T_ EXISTING DOGI TIN N Td KE DOG,,.�I ISOLATION 1 �i l _ �� OFFICE _ �- L -I E i a rel IF IT r ^� I �I r MAIN ENTRANCEiIF R 0(1 p . t: � I a o v EXIST E CONFIN ROOM _ I it i� E EXISTING l o r AJI AI `�I STAFF ENTRANCE N EXISTING EXISTING EXISTING Im" L _ _ - - _ - _ PUPPY DELIVERIES/ STAFF ENTRANCE I �' INTAKE T CAT INTAKE EXISTING ZO PARKING G Gli/.PMC BONE V 0 5 10 30 �ti FLOOR PLAN X FOR SPECIAL PERMIT REVIEW SET ONLY 03/22/2015 ED No.M &� AMA ® U i pQ a, aa,. +N `€ "�. /I '� � �.x T ''rr'S' s +' � �a,�y°a�` ''' .✓�, e a'e �'„a'`'.' x Qi 'y N 3�` •' �' -J�t*`� W 4 � "`+m �' k1Xi-'" yf' r�c._ x2 k• �:r u> 'Fa a r - a f • � A SIDEYARDVIEW C v b � i EXISTING ALUM. FRAME EXISTING PAINTED CMU WINDOWS : MATCH EXISTING MATCH EXISTING ALUM. y DOWNLIGHT TYP .1... IiWNDOWS & DOORS GRAVEL STOP & TRIM RooF al + Y �.. =}t y1,T I i -r., _«r -+T's+?7T -17`t -tom S{-rm- i` ''" tY�. -. .h?' �•, + r � .;.r h `a---i�7 + --1:. -+ 1 -'I«c+ +_r - cl to'-a• X1.4 l .r .t Y`•1 1 _r--i1-�I,. -. :-.I... 1j li., �k E- ® ix t _i- � EXISTING CHAINLINK FENCE ® err1+EIN FOREGROUND -________--� l .c.6 7'-�. h -F.'E� ++ y -T-I -k�.r ''�1 �-} •� � x r L GRADE �. Y "t' .w,-.1 r r--'.' T'ia- --ti r F Y1+I.[T.,.h� ht Y_T.� t: _ _-'.•�i-L "r`2i. ..._�'r '�y �+ I-i _I j-;« 1'tt 1 r '�u-."' L\ RST FLOOR SMALL DOG VINYL COATED CHAINLINK OR EXISTING suaDlNc PROPOSED ADDmON EL. LAY OUTDOOR PLAY STOCKADE FENCE IN FOREGROUND SOUTH ELEVATION TO OUIDOR PLAY scAuE v-0- EXISTING CHAINLINK FENCE MATCH EXISTING ALUM. EXISTING BUFFER GRAVEL STOP k TRIM LIGHT PACK MATCH EXISTING CMU EXISTING LIGHT PACK EXISTING PAINTED CMU ROOF ., v - I _PT y - t i 1 L +�' i_ « L I 'C t EL. 14'-6' � o❑ {� _.ky J{U'.-^i zl I iK tr�Y i^I•; � ��{ .?' �� Ix� !'y v-k H Ih`,}��'i I lF_r-I-+! �d, `��'.k�� + -"�`.�'�' �' L�l�µ �Y"i+e. m'a d� PROPOSED ADDITION - EXISTING BUII➢INC C� al VINYL COATED CHAINLINK OR CONCRETE LANDING I STOCKADE FENCE IN FOREGROUND & STEPS cxAOHc wale10 'X EAST ELEVATION ° SCALE 1/16,=1'-D• FOR SPECIAL PERMIT REVIEW SET ONLY 03/22/2015 CITY OF SALEM, MASSACHUSETTS ( ` 9WM �P BOARD OF APPEAL 120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970 MMBERLEY DRiscou TELE:978-745-9595 ♦ FAX:978-740-9846 MAYOR AMENDED MEETING NOTICE You are hereby notified that the Salem Zoning Board ofAppeals null hall its regularlycheduled meeting o Wednesday, n ay,Aprill5,2015 at 6:30p.m. at City HallAnnex,Rti1313, 120 Washington St.,Salem,MA Rebecca Curran, Chair MEETING AGENDA I. ROLL CALL � H K c II. APPROVAL OF MINUTES710 `^ m v ➢ March 18,2015 ^ a �r 1 rn ap III. . REGULAR AGENDA rr�a Project A public hearing for a petition seeking a Special Permit from the provisionsof SgC. 3.3.3N Nonconforming Structures to allow the extension of a non-conforming stru Of S allow 4,928 square foot addition,without narrowing the side yard for the property located at 347 CHIGHLAND AVENUE (Map 7 Lot 44) (BPD Zoning District). Applicant NORTHEAST ANIMAL SHELTER, INC Location 347 HIGHLAND AVE (BPD Zoning District) IV. OLD/NEW BUSINESS - FYI Brewer Hawthorne Cove Marina-Chapter 91 Notification-Marina Dredge Project ➢ ZBA Executive Session-220 Highland to correct a clerical error on a decision.The Board will not reconvene after this session. V. ADJOURNMENT This notice posted on "Official Bulletin Board" City Hall Slem, Mass. on APR 0 8 2015 at — 1in accordance with MGL Chap. 30A, Sections 18-25. I Page 1 of 1 Page of w r� - htt � '!'kms ph r�� YY� ,q_u._.•� `ri�S"''T� �•^Wiu�+xt� 4t � 7'"�' •�1�jrLJF,k,�i.vYY " �H�+w �i �. _yRri.;�` Y �«wK.r t 11 1' I t 1 D/g 1g 4/15/2015 Shade Sails The Sailor's Return Restaurant- Stuart, Florida Page 1 of 1 View Can Home Store photos • Fabric Install Contact F - U The Sailor's Return Restaurant- Stuart, Florida • 2 • 3 • 4 • s • 6 . g . q 10 • 11 12 • 13 14 15 16 17 F I9 0 2014 Tensiton,LLC 8743 East Pecos Road,Suite 122,Mesa,Arizona 85212 USA About Us Resellers J BIoe l Sitemao l Terms l Pmiacv http://www.tenshon.com/photos/stuart-florida-shade-sails.html 4/15/2015 Shade Sail Private Horse Ranch- Scottsdale,Arizona Page 1 of 1 View Carl • Home • Store • Photos • Fabric • Install • Contact } _.X - .t_7 i } y'4 f ""4L3"•r x� �, rt a FZxV.a Private Horse Ranch - Scottsdale,Arizona . l • z • 3 . q 5 • 6 • 7 . g • 9 to ]I 12 • 13 • 14 • l5 16 17 T8- 9 C 2014 Tenshon,LLC 8743 East Pecos Road,Suite 122,Mesa,Arizona 85212 USA About Us l Resellers I Bloe I Sitemao I Terms I Privacy http://www.tenshon.com/photos/scottsdale-arizona-shade-sail.html 4/15/2015 Northeast Animal Shelter - Building & Site Improvments 347 Highland Avenue, Salem, MA L^,^ 'T61/pGMw� Owner: Architect: rr oP(.� Northeast Animal Shelter Seger Architects, Inc. Lj 347 Highland Avenue 10 Derby Square,Suite 3R z Salem,MA 01970 Salem, MA Phone:978.744-0208 Fax:978-744-0145 DRAWING INDEX SHEET DESCRIPTION REVISION LOG W CA EX-0 COVER SHEET EX-t EASRNG PHOTOS V EX-2 EASTING PHOTOS y! EX-3 EXISTING SITE q EX-4 SITE PLAN EX-5 FLOOR PLAN W L EX-6 ELEVATIONS W AO Cn m G PROJECT INFORMATION I PROJECT: BUILDING ADDITION & SITE IMPROVEMENTS g LOCATION: 347 HIGHLAND AVENUE, SALEM, MA EXISITING BUILDING: 13,190 SF PROPOSED ADDITION: 4,825 SF PROPERTY LINE !�' TOTAL: 18,015 SF D V I, ZONING AND BUILDING DATA b ' ZONING DISTRICT: (BPD) BUSINESS PARK DEVELOPMENT 4) SMALL DOG PLAY > , * T "' s"' EXISTING USE: BUSINESS y h ~\ 4 REQUIRED EXISTING PROPOSED r `. MIN. LOT AREA: 40,000sf 94,965+/—REG. LAND a 2,698+/— REC. LAND C MIN. LOT FRONTAGE: 150' 162.76' 162.76' Q PROPOSED ADDITION " MAX. LOT COVERAGE: 45% 85% 84% m !. MIN. OPEN SPACE: . 10% 86% 81% x SETBACKS ' FRONTYARD: 50' 46.2' 46.2' z . . SIDEYARD: 30' 8.8'/73.0' 8.8'/73.0' BACKYARD: 50' 263.0' 263.0' MAX. BLDG HEIGHT: 50' 16' 14'-4' PARKING: UNSPECIFIED 126 97 SUMMARY OF WORK: " CONSTRUCTION OF A ONE-STORY 4,928 SF BUILDING TO ANo EXISTING ANIMAL SHELTER FACILITY. PROVIDE FENCED IN EXTERIOR DOG PLAY AREA. A z PROPOSED OUTDOOR PLAY vv Q1 LOCUS PLAN WX FOR SPECIAL PERMIT REVIEW SET ONLY 03/22/2015 n , • a y " v r ' `•'ten " ..A 1.�. '' , ^ �:.. , . ��} �. ••�tt .-+ 1 /; � .fie. 1 �I P. # A�•, � � ��"` P •�� r y � �11 B}��d�y��, . _ is MPf •,t/.-4�'•0\ 1 _f.�l}I�J ��W-�� i , C'it C ref WWI fie �-7rm, ,. y -.a ,?� ��ir�'iF71s B-j 1{,�1 "i�B1,•ffI•f�.i .� MR I. .. —O ' • " ' • • " • ' • 1 ' 11 • " 1 i,ld pr' `A - MP r �� .❖iii�iii�.•. •r c t \<. .. i� . �erfe.¢yO:3+l•.'i "�P' C" 4,� r M ji i :. <t e• y� ^; t`4,i,(d,ltj h;. ; .�r� '. I,•+��i.<.•<❖o %;�<'li Fe—,' r ,Z. Izz b �• ,XPi{{,r ,} �� s s ' v bbbEV6fs•I�,�1� ( ,,;;;, . •'yam f --•mn.-_-.�>4.._, x�p-'+� + t • bt<<I 1►►11,111 It"Ir,;r�,ir "r � .'•+ a.'°i byf'5��►►Irlrjl '"li rrr rt. '..Y _-� -n' "" .... �,L c'�+...y- n`�� ? ° _ ►►� rl 1'ryi^ b{ i►: i Irl l F rr " r: :. + -_.�., --}t+ � v,` - _ 66��►►►►rillr, 1 _ .s �" tt'tttl r t Q��;�d: �r�„� I,#7j ►�Irlr/ tt,tttt tr kk ,t,ttttt�tI , �.i�k•�s p� !'�, � �►I•r,rJ � �� 'i � ;ltttt,t�tttt. •f��'Z•k••�'� :+. � IIL,.rr• - t• °ilrll'i111tBt�. �. t.. ��ERFOAR4� TRUST CEDAR ROAD TRUST �NO' CEDAR ROAD STEPHEN F INGEMI. MESSINA S AMENTA, TRUST CEDAR ROAD TRUST STEPHEN C. INGEMI, MESSINA L. AMENTA, & SIEFANA ROSA8 TRUSTEE$ MBF JOHN M. INGEMI REALTY sTEFgea Rosan TRusrEEs C.C. 49880 62858 STEPHEN C. INGEMI, MESSINA S AMENTA. L,C.C. 49880 &STEFANA ROSAn TRUSTEES L.C.C. 49880 ,I • N,O�m N UVJ • Z/N14 RNfINWfp,9 �BLAbI1Mr 29918 ^ H ZWL*t M.LZ.9LUN I M AT�T9ALBLN 4 M P `�J cn NO12Al.sz sF.ccN �— saaea a 1gN0 �g V � MAMC ROW W R $' --� Doc PFN N DOD PEN (t U �.JN �M•a2� w c t— ® .2 �62[N A Y+� DOC PEN/1 0 TRAFFIC FLOW $j 3� rA rn PAVED /aa N I (A bns a AREA 3 1 S y CoNatEm BG oa gBUILDN r 11 > + 28 VACES I VV VV (D _ 0 28 SPACES $ 18 SPACES +� I aisw noN 4 \ O E 9951// { F. rC7xt-2.of-AREA 041-96 F. istomad land wA '�� ✓: \ BFeey� a 9 u� o 289EtSF.(FecaF 1B SPA � ,I ] .n � ® L. n b I s \ � � > � - C TRAFFIC FLOW 2 I T� Q .� TRAFFIC FLOW O —� R .9 C 8 A 1HOF1 + 15 SPA S . ® OSa59S TIN f4 SHED �v z 9991# 3.m,lf.BCS - HUTCHINSON REALTY TRUST ssz Yx s 3.FA.axs z n10MA5 L MCAULIFFE TRUSTEE 1'FT L.C.C. 41977 HUTCHINSON REALTY TRUST NOTE THOMAS L. MCAULIFFE TRUSTEE F(GO DIIQ)90W BOIIIOlR1E5 AND LAYOUT WE LC.C. 41977 TARED FROM SLIMY PEXCRIIED BY HANCOCK ASMATES LOCATED AT 185 CENTRE SDIFEL DANVERS. MA DATE) 12/5/05 1: 8 SITE D,PROYBOM BY Mq ERZIE � EN01EEl8N0 GROW DATED 10/5/07 sb N �z yv SITE PLAN Q SCALE: I' - 40' M 1 Lu FOR SPECIAL PERMIT REVIEW SET ONLY 03/22/2015 �>01 NA aTMOF L"'H,7 DAR ROAD TRUST CEDAR ROAD TRUSTC. INGEMI. MESSINA L. AMENIA, TY TRUST CEDAR ROAD TRUST STEPHEN C. INGEMI, MESSINP L. AMENIA, TEFANP ROSAO TRUSTEES JOHN M. INGEMI REAL k SIEFANA ROSAR TRUSTEESL.C.O. 49880zSTEPHENC. INGEMI, MESSINA L. AMENTA.L.CC62858 LCC. 49880REMOVE EXISBNC & STEFANA ROBAR TRUSTEES PAVEMENT FOR L.CC. 49880 , , NPERMEABLE OUTDOOR PAVtAS OVER COLPgCTED EXIST. e' am CXAOBINK FENCE U (y y Seim GRAVEL WALKWAY—\ TURF MT. 8' NUNK FENCE NOSE&B K LSEN W ZWL*l MIJ2.91LLEN z m _ i�� --888 RGX VINYL CXARBINK F y"q HIGH VINYL CXAINLINK E%IS11NG BUFFER o sp _ _ OR STOCKADE FENCE �8p by NO OR STOCKADE FENr HIGH PERMEABLE OUTDOOR LCI U 7 W/SNMP WT OFF x m OUTDOOR PLAY I SMALL.DOGNRF OWt '8N Fn .� FlXNRES _ OUTDOOR PUr STONEOUST BASE T'^ CONCRETE PERMETER 1-STORY W L CURBS p x _ � N m OU, 1&'FABRIC IGH SEASCNAL CONCRETE ri 120' f_ STEPS B O ADE TRAFFIC FLOW LANDING REFER TO ELEVATIONS (STRIPPING 9gMN FOR FOR WALL MOUNTED 8• A L77IGHT FIXTURES \ A Pi IMG n EXISTING BUILDING m PAVED al R g P 7 � AREA 6I� 'R 1{SPACES IB SPACES I O i 18 SPACES L+ n E � WALKWA fTOI X 24' 24' 15 SPA ES ► T s L N D a i \; S � d TRAETc Flow TRAFFIC FLOW c C { t Em SNE) SP B.LD.q.BLS y, z M "✓'�a. HUTCHINSON REALTY TRUST 4O THOMAS L MCAUUFFE TRUSTEE 3y0AY.8EB "P L.C.C. 41977 HUTCHINSON REALTY TRUST THOMAS L MCAUUFFE TRUSTEE FARMING NOTE _ �aCEs XC TOTAL DMONSIIIIS MORES AND LAYOUT WERE L.C.C. 019]] - TAIED FROM SURVEY PERFORMED BY HMCDCK EwsTTNG tea 2 I2B ASSOCIATES LOCATED AT 185 CENTRE STREET, o O PROPOSED 1 Bs 1 2 97 1 DANVERS, MA DATED 12/5/05 N 3 SITE 311PROVE10M BY MCKENZE '.b N F • EN 99alIG GROUP DATED 10/5/07 E O SITE PLAN N C) SCALE Y.a X w FOR SPECIAL PERMIT REVIEW SET ONLY 03/22/2015 n,-a. PROPERTY LINE EXIST.CH AINLINK rtti' ie'-a' � aa'-lo' — — _ _ L FENCEADDITION _ - - — — — — — _ — — — — T-� — — — — — — — — — — — J,>, t�ND.101 — _ _ _ _ _ _ _ I — 1 PAVERS OUTDOOR PLAY 7`r\Aff TO LARGE DOG • t LINE 0° PAVERS) ' MOi - -= 'f - v` ---L �- EXISTING PUPPY ADOPTION • F ; 6' HIGH VINYL CHAINLINK $ TRAINING ROOM 1 I I _'. SMALL DOG �FENCE 856 SF L J _ OUTDOOR PLAY (PERMEABLE OUTDOOR TURF) w L. -� o-'1 m x -7-7 I zo ► U UUU WOMEN'S1 STOR LAUNDRY OFFICE 'i ► DOG OUARAN TINE T rn MEMS •� n r RECOVERY r— 17 � EXISTING Doc k = xlsnNc CAT �. J iF 1 I MIEIIIIIM _ _ _I _ _ _ ADOPTIONr , 4 I� L I ADOPTION �I OFFICE ♦ - � I —1 ►� PACK & PREP SURGERY I LL_L.L — CLEAN UP .OFFICE \ E�.-c :.'�:•:m�� a 1_. . 1 ?6 U�`= _-__, _1 — ROOM r� ..— - I .: � 1 1.� � t_ I _. LI�� ""s � I _ •D F ' � 5 STORAGE 805DED sir— A I IJ1�l-J1-1L Ju '' EXISTING ADMINISTRATION''' rti cEXISTING LOBBY SIExl TINGOG ► EXITNDOG NKE ISOLATION _IOFFICE OFFICE –--- ~ 10 1► • !4� I I cR 7 t�C It =1i 1 ( 1 V � " Irv ( --i_ _— ,I MAIN ENTRANCE - lNd OD �:� � — � i 1- • _` � �' � — II vlf t IFE.:..E E c / •i 11 Ju1i i f ' �� z M EXISTING I CONF. ROOM �4.�•-. 7EXISTING o �� STAFF ENTRANCE a ' EXISTING EXISTING EXISTINGU PUPPY DELIVERIES/ _ STAFF ENTRANCE li F jINTAKE 7 CAT INTAKE EXISTING OZ PARKING 1 G Hlc sL E u V 0 5 10 20 n FLOOR PLAN eC;N4 1/16-1-0 x Lu FOR SPECIAL PERMIT REVIEW SET ONLY 03/22/2015 Fe _ EWD ABS �. W 3(111 �CAMMA -pg c k._ Ali q�7h... a Pik. z ij en AT Bill wY x y n A " C SIDEYARDVIEW C v vcn Y ISTING EXISTING�{Sll ALUM- F�R--AM�EI- EXISTING ,#STING PAINTED AMiIE.DY{tCMf-=U MNYOWXM+t1AT}CH--'r-E-ClaX'TS-'yIN*G ArUTM=.. DOWNLGHT lYP WINDOWS DOORS-7GRAVEL STOP & TRIM /—MATCH {-...MATCH aEXISTING 1 C'—M '14- +.r I L .+t Tl �U eRLOOFl a'—a• ^ 'yO EXISTING} r (' tU '# ri J- �.}�t-- " m m a>L;{+,-T e _,�' 1 i a-. .1m}+ - +rm!. i „+jT rr® .t, ^+! v i-•_ CHAINLNK FENCE Q p rtr� _. .7-+.+ r-+rAr, IN FOREGROUND C et 11+{-- r -- -Ft _ J7 ( i' 'T - + — ________ _______ R CA - ..k L4- '4 r, - - - r"r y ..Ty II a-_4 �L_('♦ F 4 I _ 'T I+il GRADEF Cr;-;kf`{a'-�+ FIRST FLQOZ en SMALL DOG VINYL COATED CHAINIJNK OR ExlsnNc BUILaNc PROPOSED aoolnoN TO OUTDOR PLAY OUTDOOR PLAY STOCKADE FENCE IN FOREGRGUND SOUTH ELEVATION SG m 1/16"=V-0- EXISTING CHAINLINK FENCE MATCH EXISTING ALUM, EXISTING BUFFER GRAVEL STOP & TRIM LIGHT PACK MATCH EXISTING CMU I /—EXISTING LIGHT PACK PAINTED CMU '^ ROOF EL. 14'-4* e 1-+.+Tt�.t—� 7� �}' 'C T 1 -h ., .�{ f'�-� ,+,-�.t F:- i,..`ti��Y-('' +f •�--i--rL'•-r -f w I '1 +} 4 {-' ..}�, :fir ,-'.1 -17 a�. '.r+ "..-1-.•� I 'f I .1+ I 17 ® E%IS NG FENCED II . �I ...I T of PRf OSED AMMON EXISTING BUILDING aI VINYL COATED CHAINUNK OR CONCRETE LANDING STOCKADE FENCE IN FOREGROUND & STEPS �uwlescA�s EAST ELEVATION D z0 uj SLUE: 1/16" X FOR SPECIAL PERMIT REVIEW SET ONLY 03/22/2015 CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS PETITION FORM CITY OF SALEM,MASSACHUSETTS 2u BOARD OF APPEALS A q 35 )�pp�� MSR c 120 WASHINGTON STREET,3RD FLOR5 s n « M1 SALEM,MASSACHUSETTS 01970 A " 1,1'Si,SS ytNEgO:"" Thomas St.Pierre,Director of Inspectional§04cALE;` r _ci Phone:978-619-5641 / Fax:978-740-9846 KimBERLEY DRiscoLL Erin Schaeffer,Staff Planner (S""""1"� —•. MAYOR Phone:978-619-5685/Fax:978-740-0404 �t � '•/ TO THE BOARD OF APPEALS: The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: DEPT OF PL^Nadi°IG 1P Address: 347 Highland Avenue p Zoning District: BPD; ECODN(but n a-) An application is being submitted to the Board of Appeal for the following reason(s): This statement must describe wbat you propose to build,the dimensions,the zone property is in,and the zoning requirements.(Example: lam proposing to construct a 10'x 10'one story addition to my home located at 3 Salem Lane, in the R-1 Zoning District. The Zoning Ordinance requires the minimum depth of the rear yard to be 30 feet The current depth of my rear yard is 31 feet; the proposed addition would reduce the depth of the rear yard to 22 feet) Northeast Animal Shelter, Inc. (Applicant), a Mass. non-profit corp., owns the Site, antb operates there an animal shelter Win a 1-story, 13,190 s.f. building (Existing Building). Applicant proposes a 1-story addition of 4,928 s.f. (Addition), located within a notch at the rear of the Existing Building, in place of existing outdoor dog pens. The animal shelter is a lawfully nonconfoming use, and the Existing Building is a lawfully noncon- forming structure. Therefore, the Addition requires a special permit per Section 3.3. For this reason I am requesting: ( )Variance(s)from provisions of Section of the Zoning Ordinance,specifically from (i.e. minimum depth of rear yard). What is allowed is (ft?sq ft?stories? W), and what I am proposing is (ft?sq ft?stories? %?). Special Permit under Section 3.3 of the Zoning Ordinance in order to extend nonconforming structure by 4,928 s.f without narrowing side yard O Appeal of the Decision of the Building Inspector(described below): ( )Comprehensive Permit for construction of low or moderate income housing(describe below): Current Property Use:Animal Shelter Are Lot Dimensions Included'@Yes O No Why? (Fr ple:Two Family Home) 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. i 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. 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. If different from petitioner: Petitioner:Northeast Animal Shelter, Inc. Property Owner: Address:347 Highland Ave.,Salem,MA 01970 Address: Telephone:(978) 745-988$ Telephone: Email:donald.s@neas.org Email: Signature: O&t 2 /EjeCCdl�� Signature: March 23 2015 (Attached consent letter is also acceptable) , Date: Date: If different from petitioner: Representative:John A. Seger, AIA Address:Seger Architects,Inc.,10 Derby Sq.,Salem,MA 01970 A TRUE ATTEST Telephone:(978) 724-0288 Signature: Date: MaA 23, 2015 CITY CLERK DATE DPCD DATE This original application must be filed with the City Clerk. NARRATIVE IN SUPPORT OF APPLICATION FOR SPECIAL PERMIT ('PHIS "APPLICATION") NORTHEAST ANIMAL SHELTER,INC.,347 HIGHLAND AVENUE,SALEM,MA 01970 MARCH 23,2015 1. Introduction Northeast Animal Shelter,Inc. (the "Applicant�,a Massachusetts non-profit corporation, organized in 1976,owns the real property located at 347 Highland Avenue ("Site"),where it operates a no-kill animal shelter within a one-story,steel-framed,concrete-block building (the "Existing Building")with a gross floor area of approximately 13,190 square feet ("s_f."). The purpose of this Application to obtain a Special Permit pursuant to Section 3-3 of the Salem Zoning Ordinance to extend and alter the lawfully nonconforming animal shelter use and the lawfully nonconforming Existing Structure by constructing a one-story,horizontal addition (the "Addition") with a gross floor area approximately 4,928 s.f. Excluding storage areas,total interior area used by employees and visitors to the Site will be approximately 13,000 s.f. 2. The Site The entire, approximately 94,965 s.f. Site is located within the Business Park District (the `BPD'S,and that portion of the Site within 150 feet of the centerline of Highland Avenue is located within the Entrance Corridor Overlay District ("ECOD"). The Board of Appeals (the`Board") originally approved the animal shelter by Special Permit in 2006, as a conversion from one lawful nonconforming use (car dealership) to another. (Essex Registry of Deeds Bk 25642,Pg 205.) A copy of the 2006 Special Permit for the Site is attached to this narrative as Exhibit A. 3. Project 9 The Applicant proposes to construct a one-story addition,measuring approximately 4,928 square feet (64'-0" x 774D,within a notcb at the rear of the Existing Building (the "PTject�. (See drawings dated March 22,2015.) The Addition would replace outdoor dog pens at that location. Although the required side yard width in the BPD is 30'-0",the southerly wall of the Existing Building is located within 8'-8"of the side lot line. The Addition will include extending the exterior at the same nonconforming distance within the required side yard, and so requires a special permit but not a variance. (Zoning Ord. sec. 3.3.4.) The entire Addition will be constructed more than 150 feet from the centerline of Highland Avenue, so the Project is not subject to ECOD zoning. a. Outdoor Dog Play Areas The Project also includes construction in the animal shelter's accessory parking lot (the "Accessory Parking Lot") of new play areas for large dogs (the "Large Dog Play Areas',located behind the Existing Building, as well as a small dog play area (the "Small Dog Play Area") to be located at the front of the Existing Building. The Large Dog Play Areas would include: four fenced-in areas of 900 s.f. each (30'-0"x 30'-0'D; five cages of 64 s.f. each (8'-0" x 8'-0'�;and fenced i Narrative in Support of Application for Special Permit re 347 Highland Avenue pathways measuring 6'-0"in width. The Small Dog Play Area would be approximately 1,296 s.f in area (27'-0" x 48'-0"). Please see Sheet EX-4 of the drawings. b. Parking Installation of the Large Dog Play Areas will require eliminating 26 parking spaces in the Accessory Parking Lot,for a net of 100 spaces. Section 8.3.3 and Table 5.1.8 of the Salem Zoning Ordinance does not specify a parking requirement specific to animal shelters. Since the animal shelter opened at the Site almost a decade ago,employees and visitors have never used as many as 100 parking spaces at a time. For the purposes of comparison, "Retail business and service establishments,except eating and drinking places," require one (1) space for each 150 s.f of gross floor area, excluding storage area. Excluding storage areas,the Project will have a gross floor area of approximately 13,000 s.f,which,if were retail space,would require 87 spaces, fewer than proposed. C. Loading Table 5.2.3 of the Salem Zoning Ordinance does not specify a loading requirement specific to animal shelters. However,even if the 18,118 s.f. of gross floor area resulting from the Project were retail space,it would fall below the threshold for required loading spaces. d. Landscaping and screening The ground surface of both the Large Dog Play Areas and the Small Dog Play Area will be permeable outdoor turf. All dog play areas will be surrounded by vinyl-coated,chain-linked fencing, with a height of six feet(6'-0"). Unlike the Addition, the fence around the Small Dog Play Area is located within the ECOD,and so will require a fence permit from the City's Building Department. (See Salem Zoning Ord. sec. 8.2.4.3.) 4. Statement of Grounds The Board of Appeals may award a special permit to reconstruct,extend, alter, or change a nonconforming structure in accordance with Section 3.3 of the Salem Zoning Ordinance only if it determines that such reconstruction,extension, alteration,or change shall not be substantially more detrimental than the existing nonconforming structure to the neighborhood. Based on the materials provided with this Application,the Board should find that the Project will not be substantially more detrimental to the neighborhood than the Existing Building. a. Social, economic, or community needs served by the proposal The Northeast Animal Shelter occupies an existing building constructed in 1971. Through the Project,the Applicant proposes to improve its non-profit services to the North Shore by replacing outdoor dog pens along its side lot line with enclosed space,including a quarantine area for dogs. To replace the dog pens functionally,the Project will include the installation of new outdoor play areas for large and small dogs. The Project will result in improved care for rescued animals. Page 2 i Narrative in Support of Application for Special Permit ne 347 Highland Avenue b. Traffic flow and safety, including parking and loading There is no change expected to traffic flow, circulation,and traffic impacts from the Project The Accessory Parking Lot will continue to function as before,and use the existing curb cut. C. Adequacy of utilities and other public services The Project does not include any changes to existing utilities services for the Site. For example,three propane tanks located within the Accessory Parking Garage would remain. The Large Dog Play Areas will be sited to avoid encroaching upon them. d. Impacts on the natural environment, including drainage The Site has been developed for many decades, and has no natural features, such as ponds, brooks, streams,and wetlands. Approximately 71%of the approximately 94,965 s.f. Site is currently paved. The Project would actually result in slight increase in permeable area at the site. Existing and proposed conditions are as follows: Existing Conditions Proposed Conditions Building Footprint 13,190 s.f. 14% Building Foot Tint 18,118 s.f. 19% Paved Area 67,600 s.f. 1% Paved Area 61,662 s.f. 65% Permeable Area 14,175 s.f. 15% Permeable Area 15,185 s.f. 16% e.. Neighborhood character Located at the rear of the Existing Building,the Addition will not be visible from Highland Avenue. However,the Addition is designed to be compatible with the Existing Building. Like the Existing Building,the Addition will be constructed out of concrete block,with aluminum trim. Fenestration (both windows and doors) for the Addition will match those of the Existing Building both in configuration and materials (aluminum frames). Please refer to Sheet EX-6 of the drawings. f. Potential fiscal impact, including impact on City tax base and employment The extension and alteration of the Existing Building will serve to improve the long-term economic health of the Northeast Animal Shelter. Although employment at the animal shelter is not expected to change as a result of the Project,the improved facilities represent increased investment in the City of Salem. 5. Conclusion For all the reasons given above,and based upon the entire Application,including any additional testimony given at the Board's public hearing on this matter,the Applicant respectfully requests that the Board grant the special permit to allow the Project. Page 3 EXHIBIT A 2006 Special Permit (Southem Essex District Registry Bk 25642, Pg 205) � CITY OF SALEM, MASSACHUSETTS" •"' ' 'r' BOARD OF APPEAL LFFXE 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 Ub _ TELEPHONE: 978-745-9595 2006 APR 11 A JD fl2 ��] 6 ( U v FAX: 976-740-9846 11111121111111111111111 642 ZeBk:DECISION OF TEPETITIONOFNORTHEASTANIMAL SHELTER srmsr2as ISameOVER 11 +t REQUESTING A SPECIAL PERMIT FOR THE PROERTY LOCATED AT 347 HIGHLAND AVENUE BPD A hearing on this petition was held on March 29, 2006 with the following Board Members present: Richard Dionne,Nicholas Helides,Bonnie Belair,Edward Moriarty and Robin Stein. 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 request a Special Permit,Per Section 8-5 to allow existing non-conforming use (car dealership)to be converted to an Animal Shelter for the property located at 347 Highland Avenue located in a BPD zone. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3 (2)(8)which provide 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 request 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 for the City's inhabitants. 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. tt 51FL CtjL-t Na:' 67yOC - 'L3ocK t38t'7� Q 33.? 7092 (67 0 ) St 68,092 Est" Di Bct R*9098, Seuthwrn Essex Dlslriot R�YlstrV 6/5/2006 01:30 PM DGSN DECISION OF THE PETITION OF NORTHEAST ANIMAL SHELTER REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 347 HIGHLAND AVENUE BPD page two The Board of Appeal,after careful consideration of the evidence presented,and after viewing the plans,makes the following findings of facts: 1. Petitioner,Northeast Animal Shelter,Inc.was represented at the hearings by Attorney Charles Blaisdell of Salem. 2. Petitioner presented two Petitions at both public hearings,numbering m excess of approximately 1100 signatures in favor of the request for a Special Permit. 3. A petition by a score of neighbors was submitted in opposition,raising concerns of traffic,noise,order density,and appropriateness of the proposed use to the neighborhood 4. Ward 4 Councillor Lenny O'Leary appeared in opposition to echo the complaints of the neighbors in opposition. 5. City Council President Jean Pelletier also appeared in opposition,raising questions of traffic,density,noise,and the most appropriate use of the site in a BPD District. 6. Petitioner has standing to move for the Special Permit relief requested pursuant to a document submitted by the owner of record,Cathleen Kavanaugh,Trustee of Kelhon Realty Trust,dated November 29,2005,indicating that an executed Purchase and Sale Agreement had been entered into by and between Northeast Animal Shelter and Kelhon Realty Trust,owner of the premises at 347 highland Avenue,previously occupied and operated for many years by Kelly Honda, formerly of Salem,now of Lynn,Ma. 7. Petitioner offered evidence that its current location,times 30 years,at 204 Highland Avenue,is too small and is otherwise inappropriate for its intended purpose,namely at the larges nonprofit animal shelter in the region that does not destroy animals,specifically cats and dogs,entrusted to its car,and finds suitable homes for said stray animals. 8. Petitioner represented that over 30 years they have placed in excess of 90,000 homeless dogs and cats into loving homes,through a careful and reasoned adoption process. 461062tMr (Pas, 2 or 12) 6oun Erste 6/6/2006 Pry el"Drictc6N R091itry 01:30 9. Petitioner represented that the recent relocation of Kelly Honda/Salem to Kelly Honda/Lynn provided the shelter with a golden opportunity to relocate almost across the street from the current location, at a premises that will provide an immediate end- use structure, totally consistent with its goals, objectives and operations, without any structural alterations whatsoever. 10. Petitioner noted, by way of legal argument, that the proposed use would merely substitute one pre-existing non-conforming use, namely an auto dealership, for another non-conforming use, namely the animal shelter, in the BPD Zoning District. 11. However, Petitioner emphasized, In a public Hearing attended by in excess of 100 supporters of this Petition on both occasions, that the requested relief was not in conflict with the general objectives of the Zoning Ordinance, and, rather than being a detriment, would provide a benefit and service, of the highest order, to the City of Salem and its many and varied pet owners and lovers. 12. Petitioner Indicated that the use of the premises would not be obnoxious, offensive, detrimental, or otherwise create a nuisance to the neighborhood, noting that Its current use,just a very short distance up Highland Avenue on the opposite side, had resulted in not one complaint against the shelter for Its operation at the police department, animal control officer, or Salem Board of Health In its 30 years of continuous operation. 467092 Southern Etcex pjstriOf ctt ReDhtry 515/2Maita0 PM DCSN 13. Petitioner noted that the use of the premises would continue to be commercial, consistent with other surrounding uses, but that the use would be a higher or more valued use in terms of sheltering 9 and saving stray cats and dogs, as opposed to the sale, resale, maintenance, or repair of motor vehicles, specifically Hondas. 14. Petitioner provided plans indicating no structural changes to the premises. 15. Petitioner provided plans indicating more than ample parking, pursuant to Salem Zoning Ordinance, including 146 parking spaces, six handicapped spaces, and 29 parking spaces for employees at premises that currently limit full-time employees to six and part- time employees to 20. 16. Petitioner noted that not only would there be no structural alteration to the building, but that the existing building in Its configuration was an end-use building for the shelter's purposes. 17. Specifically, the current configuration of the building would fit perfectly with the animal shelter's intended use. 18. For example, several existing offices and a conference room could be utilized for administration and for adoption purposes. 19. The multi existing auto repair bays would be ideal for indoor runs for dogs. 457092 (Pege 4 of 12) Southern Ems x District Registry 5/6/2005 01:90 PM DCSM 20: The rather long and narrow existing auto parts supply room would be ideal for animal food and supplies. 21. In sum, the Petitioner suggested that the building was almost in move-in condition, and is truly an end-use purchase for the shelter. 22. The Petitioner specifically represented that the granting of the relief requested, to substitute one non-conforming use for another non- conforming use, would not adversely impact the neighborhood, would generate less, not more, auto traffic, with more parking, and would be serviced by already existing and adequate utilities and public services, and would have no detrimental impact on the natural environment or character of the neighborhood. 23. Petitioner was receptive to concerns raised by neighbors and the Board regarding traffic, congestion and parking. 24. Petitioner noted that parking would be strictly one-way in and one- way out. 25. Petitioner noted that there was more than ample parking based on the number of trips the facility was likely to generate, on a weekly, monthly, or yearly basis, in the placement of its adopted animals. 26. Petitioner indicated that the hours of operation would be consistent with those at its current locus, Monday through Friday 9:00 a.m. — 9:00 p.m., and Saturday and Sunday 9:00 a.m. — 6:00 p.m., with the weekends likely to generate more traffic, but not, in any event, more traffic than the current site. 457092 (pg, 6 of 12) 6optharn Esaax District ROOietrY 6/512005 01:80 PM DCO 27. The Petitioner responded to neighborhood concerns regarding odor, noise and dog waste by indicating that the new building was constructed in a good and workmanlike manner and appeared to provide adequate sound barrier walls and roof. 28. The Petitioner noted that all waste would be contained on premises and handled in a sanitary manner. 29. Petitioners also noted that there would be no outdoor dog runs, and that all of the dogs could run, in a healthy, safe, sanitary, and quiet manner, In the large existing auto shop repair bays on the premises. 30. Petitioner also compared and contrasted, favorably, in terms of density, traffic and noise, the current use of the premises by Kelly Honda with the proposed use of the premises as an animal shelter. 31. Petitioner estimated that Kelly Honda's premises were operated in a manner that generated more traffic, more noise, and more congestion than the proposed operation, based on the number of cars that Kelly sold per week, the number of cars that Kelly repaired per week the number of customers that came to Kelly's premises weekly, the number of service vehicles that serviced Kelly's, including numerous car-hauler trailers, etc., etc.. 32. By way of contrast, the Petitioner pointed out that it placed far fewer animals per month than Kelly Honda sold vehicles per week, that it had far fewer employees, that it had far fewer vendors and services vehicles, and that, in summary, the use of the premises Southern E7092 ssex District/Registry 6/6/2006 01:30 PN DCSN would be less dense, less noxious and less traffic-intensive than Kelly Honda, of Salem. 33. Mr. Kelly testified that he relocated to Lynn because his Salem site was too small for his expanding Honda business of sale/resale and repair of Honda motor vehicles. 34. Neighbors raised concerns related to outdoor animal runs and leaving animals outside unattended. 35. The Petitioner represented that there would be no outdoor animal runs, and that animals would never be left unattended, in any event, when outdoors. 36. Petitioner also emphasized that, in terms of use of the premises, at any one time, the animal shelter might have as few as two or three dogs, plus puppy litters, and the same number of cats and kitten litters on premises, and that it was by placing animals in adoption and changing the animal inventory regularly that the center was able to place approximately 90,000 animals with qualified adoptive families over the last 30 years. 37. Neighbors questioned whether the large structure under Purchase and Sale Agreement by the Shelter would be utilized exclusively for Northeast Animal Shelter purposes. 38. The Shelter emphasized that this was an end-use building, that it had absolutely no intention of using the building for any other purpose, and certainly would not be letting or subletting the premises to any other tenant. 467087 (Poo* 7 of 121 Southern Essex District Registry 61612006 01:30 PN DCSN 39. The opposition to the Petition was concerned not only about the number of animals, but whether the animals were coming from distant points or out of state, and whether the animals were healthy or unhealthy or subject to quarantine. 40. The shelter assured the Board that the dogs would not be shipped in from all over the United States, but, instead, would come from the area, would be appropriately restrained and quarantined, as necessary, under applicable state laws. 41. In summary, the Petitioner presented substantial written and oral evidence, plans, petitions and documents, in support of its contention that a Special Permit should be issued to the Northeast Animal Shelter, to operate its humanitarian animal shelter business, which has been ongoing, without interruption or complaint, for 30 years,just down the road on Highland Avenue at a new adjacent larger, better, safer, cleaner, well-lit, secure facility at 347 Highland Avenue, Salem, MA. on the basis of the above findings of fact, including all of the evidence presented at two very lengthy public Hearings, including, but not limited to, detailed plans, including the Petition, and substantial, credible and extensive testimony in support thereof, the Zoning Board of Appeals concludes as follows: 1. The proposed use of said premises may be changed from an auto dealership and repair shop to another non-conforming use, namely an animal shelter, insofar as the Board specifically finds that the proposed use is equally appropriate or more appropriate to the District than the existing non-conforming use as an auto dealership. 487092 {Pape 8 of M • Southern Essex District Registry 8!8/2800 07:30 PM DCSN 2. The Board further finds that the relief requested may be granted without substantial detriment to the public good, and without nullifying or substantially derogating from the intent and purpose of this Ordinance. 3. The Board also specifically finds that the granting of the Special P Y 9 9 Pecia Permit, with the conditions and safeguards noted hereinafter, is appropriate and in harmony with the purpose and intent of this Ordinance. 4. The Board further finds that the proposed use of the premises, as changed, altered or extended by the Petitioner, will not depart from the Intent of this Ordinance and its prior use or degree of use, insofar as the building or its proposed use is neither increased In volume nor area unreasonably. 5. The Board further finds that no structural alterations are being made by the proposed use, that the proposed use provides adequate parking pursuant to all applicable Salem Zoning Ordinance regulations, and that the proposed use is equally appropriate or more appropriate to the District than the existing non-conforming use. 6. In permitting such change, the Board of Appeals does require certain appropriate conditions and safeguards as noted hereinafter. 467092 (Pays 9 0! 121 Southern Ess" District Reylstry 616/2006 01;50 PM DCSN 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. Literal enforcement of the provisions of the ordinance would involve substantial hardship on the petitioner. 2. 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. 3. The Special Permit granted can be granted in harmony with the neighborhood and will promote the public health, safety,convenience and welfare of the City's inhabitants. 4. Special conditions exist which especially affect the subject property,but not the district in general. On the basis of the above Endings of fact,the Zoning Board of Appeal voted 5 in favor and 0 in opposition to grant the Special Permit requested,subject to the following conditions. 1. Petitioner shall comply with all city and state statues,code ordinances and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. All construction shall be done as per the plans and dimensions submitted and approved by the Building Commissioner. 4. Petitioner shall obtain a building permit prior to beginning any consbuction. 5. Petitioner shall obtain a Certificate of Inspection. 6. Petitioner shall obtain proper street numbering for the City's Assessors Office and display said number so as to be visible from the street. 7. Petitioner shall obtain approval from any City Boards or Commission having jurisdiction including,but not limited to the Planning Board. S. Unless this decision expressly provides otherwise, any zoning relief granted does not authorize Petitioner to demolish or deconstruct any structure(s)on the property to an extent greater than W16 of the structure as measured by floor area or replacement cost. If a structure on the property is demolished by any means to an extent of more than fifty percent of its replacement cost or more than fifty percent of its floor area at the time of deconstruction, it shall not be reconstructed except in conformity with this Ordinance. 407092 (Paps 10 0! 12) southern Essex District Registry 0!012000 01:90 PM DcsN 9. No animal shall be left unattended outside. 10.Runs must be maintained indoors. 11. Papers from the State regarding the quarantine of dogs be submitted to the City of Salem Health Department 12.If there is any expansion of the use of the premises,Petitioner shall come back to the Board of Appeals for an other Special Permit. Special Permit Granted March 29,2006 Edward Moriarty �SC Board of Appeal 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 20 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 the 20 days have elapsed and no appeal has been filed,or that,if such appeal has been filed,that is has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner or record or is recorded and noted on the owner's Certificate of Title. Board of Appeal Dare MAY - 4 2006 1 hereby certify that 20 days have s*rsd from the date this instrument was received, and that NO APPEAL has been filed in this office. A True Copy ATTEST_CIT LRK, Salem, Mass. "71"192 71"192ro e-1-9�0ttotji Of 2Ra01st" 61612006 01:80 PM OC6N