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4 JEFFERSON AVENUE - ZBA D C 4 JEFFERSON AVENUE TODD WALLER,TTRUSTEE I: 4H J V \ \ r�V b egal Notice' ' - `CITY OF SALEM - - BOARD OF APPEAL'" - = Will hold a public hearing forall persons interested in the petition sub- mitted by TODD - WALLER, { - " TRUSTEE OF TRIMENDOUS REAL- ' - TY TRUST requesting a,Special Per- mit due to alterations of a non-con- forming structure for property located! at 4 JEFFERSON AVENUE (1). Said t ` hearing to be held WEDNESDAY, ' 'MARCH 18, 1998 at 6:30 P.M.,.ONE i SALEM GREEN,second floor. - . . Gary Barrett,Chairman ( ltu of ttlem, Httssttcllusetts Potcrb of � 4 10 52 Rill '5E Ctf :iX f;f1 DECISION ON THE PETITION OF TODD WALLER, TRUSTEE OF TRMENDOUS REALTY TRUST FOR A SPECIAL PERMIT AT 4 JEFFERSON AVENUE, (I) . A hearing on this petition was held March 18, 1998 with the following Board Members present: Gary Barrett, Chairman: Nina Cohen, Richard Dionne, Paul Valaskagis and Albert Hill. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner, owner of the property, represented by Attorney Scott Grover is requesting a Special Permit to allow alteration of a nonconforming structure for the property located at 4 Jefferson Avenue. The property is located in a Industrial district. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is section 5-3(j ) , which provides as .follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Section 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land, structures, and uses, provided, however, that such change, extension, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. in more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit 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 of 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. DECISION ON THE PETITION OF TODD WALLER, TRUSTEE OF TREMENDOUS REALTY TRUST FOR A SPECIAL PERMIT AT 4 JEFFERSON AVENUE, SALEM page two C. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. The Board of Appeal, after careful consideration of the evidence presented, and after viewing the plans, makes the following findings of fact: 1 . Ms. Mary Spange, Ms. Pauline Tribou and Ward 3 Councilor, Joan Lovely spoke in favor of the petition. 2. There was no opposition to the petition. 3. The Board of Appeal found that the proposed alterations to the existing building would not be more detrimental than the previous business which had been in place at this address. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: 1 . Special conditions exist which especially affect the subject property but not the district in general . 2 . Literal enforcement of the provisions of the Ordinance would involve substantial hardship on the petitioner. 3. 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. The Special Permit granted can be granted in harmony with the and will promote the public health safety, convenience neighborhood p and welfare of the city's inhabitants. Therefore. the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief requested, subject to the following conditions: 1 . Petitioner shall comply with all city and state statutes, codes ordinances and regulations. All construction shall be done per the plans and dimensions submitted and approved by the Zoning Enforcement Officer. 3 . All requirements of the Salem Fire Dept. relative to smoke and fire safety shall be strictly adhered to. Petitioner shall obtain a building permit prior to beginning any construction. i . Exterior finishes of the new construction shall be in harmony with the existing structure. 2 _ N L Co 1• O .� 60 N W DECISION ON THE PETITION OF TODD WALLER, TRUSTEE FOR TREMENDOUS REALTY TRUST FOR A SPECIAL PERMIT AT 4 JEFFERSON AVENUE, SALEM page three 6 . A Certificate of Occupancy is to be obtained. 7. A Certificate of Inspection is to be obtained. S. Hours of operation are limited to the following: Monday thru Saturday, 8:00AM to 6:00PM Sunday, 12Noon to 5:OOPM 9. All Parking spaces will be striped. Special Permit Granted March 18, 1998 Albert C. Hill , Jr. Member, Board of Appeal A COPT 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 h.GL Chapter 40A, and shall be filed within 20 days after the date of filing of this decision in the office of the Citv Clerk. Pursuant to MGL Chapter 'OA. Section 11 , the Variance or Special Permit granted herein shall not take effect until a copy of the decision, bearing the certification of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, :f such appeal has been filed, that it has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of 7itie. Board of Appeal C� 3 g K N " L r O-. Vl N co T =n n The buildings do not conform to the dimensional/density requirements of the Zoning Ordinance but were built before the enactment of the Ordinance and are therefore legally non- conforming. A building permit has been denied on the grounds that the proposed alterations to the buildings for use as a mini-storage facility require a finding pursuant to M.G.L. Ch. 40, s . 6 that the alteration is not substantially more detrimental than the existing structures to the neighborhood. The proposed use of the structures for a mini-storage warehouse would be substantially less detrimental than the existing manufacturing use of the structures . There will be no significant alterations to either the interior or the exterior of the structures . The proposed use for "warehousing" is allowed in the Industrial District . The nature of the use as a mini-storage facility will result in far fewer trips to the property. The facility will have only a single employee and will be open only during normal business hours . For the foregoing reasons, the Board should find that the proposed alterations to the structures are not substantially more detrimental to the neighborhood. Such a finding is consistent with the purpose and intent of the Ordinance and M.G.L. Ch. 40A. MORTGAGE INSPECTION BAY STATE SURVEYING ASSOCIATES 200 CUMMINGS CENTER, SUITE#316J, BEVERLY,MA., 01915 LOCATION :...... SZCM Mt4 NOTES: ....�...... . r�...................... 1)This is a mortgage inspection survey and not an SCALE : 1" --Z'_0 DATE :........E.1.1.7. 9'l instrument survey,therefore this plot plan is for REFERENCE : ..aK:.79 90 '06: S.3 mortgage inspection purposes only. ......... ....... . . .. ......•••••• 2)This survey is based on survey marks of others. ,4 12 SO4 �fS,T............ 3) Bushes,shrubs,fences and tree lines do not . . ........................ ..................................................... necessarily indicate property lines. NDS rH S o2E B,gnlK 4)Whenever an offset is V +_or less, an instrument TO: ............................K ............................................. survey is recommended to determine property The location of the building(s) as shown,either lines, and any possible encroachments. complied with the local zoning setbacks at time of 5)Offsets shown are approximate,and are to be construction or is exempt from violation used only for the determination of zoning, Not to enforcement action under Mass. G.L. Title VII be used to establish property lines. Chapter 40A Section 7 6) In my professional opinion the building(s) are not Iccated in the specisi flood h=--rd z,).ne,as defined by H.U.D. M,4i0i;0;ZS'016z OvoSQ 8�5 8S aLoG. PAR-nAL-Ly IN P4*pD 2CvJE rna N �kaXyA Of Mese oA 9G 'tP ROBERT , AMES -� TI NO 94 , O��'a��,9FC�STEP�� �J'i 6J axes ueo D 4� A g4 1 F' X/t 2aNE 8 SF b 3-sty, Uvd. 8u% n 1*4 O4 a,p o ; /tlu Or � A e) l� 03/18/98. 16.:47. 129787413420 T$ERMAL.C.IBCUITS_ 01001/001.. EFTHERMALL.. CIRC S spaClallzing,l the deslgn,encitneering,and production of surface heatom.heatar aesambliaa,and infrared Panel emitters March 16, 1 W-B Gary,M. Barrett, Chairman Board of Appeal' City of Salem One Salem Green, 2nd Floor Salem, Massachusetts 01970 Dear Mr.-Barrett Thermal Circuits operated a manufacturing facility at 4 Jefferson Avenue for 30 years. During various periods,we employed up to 75 people and occasionally operated three shifts per day. The facility was used"for our offices, storage and shipping from the premises. Shipping and receiving included up to three trucks per day. The employees parked in and around the property on the side streets: Any occasional problems that became apparent, we were atways able to resolve. It is my understanding that the proposed-user-of the premises, that of a self-storage facility, Will be a much less intense use than that of our prior use. Yours.very truly,. THERMALUfTS;:ING, ony eln Pfpsidiaqn CEO-' Thermal Circuits Inc. one-Technology Way- Technology Park. Salnl..MFacsimil -AM 741-344 usafts 01 0 Telephone (508)745-1162