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10 JEFFERSON AVENUE - ZBA (2) C2 10 JEFFERSON. AVENUE j ascripts and bejeweled lyres. 1 r � Legal Notice CITY OF SALEM BOARD OF APPEAL 978-745.9595,EM.361 will hold a public hearing for all per- sons interested in the petition submit- ted by MOFFAT REALTY TRUST requesting a Special Permit to extend I a non-conforming use and Variances to allow two buildings on one lot and from minimum distance between buildings for the property located at 10 JEFFERSON AVENUE R-2.Said hear- ing will be held on WEDNESDAY, APRIL 30, 2003, at 6:30 p.m., 120 WASHINGTON STREET,3rd FLOOR, x ROOM 313. Nina Cohen,Chairman (4/16,23) . ��oxw CITY OF SALEM9 MASSACHUSEbTiT bF SALEM. MA BOARD OF APPEAL CLERK'S OFFICE 120 WASHINGTON STREET, 3RD FLOOR `a� rPa SALEM, MA O 1970 TEL. (978) 745-9595 FAX (978) 740-9846 j001 MAY -2 A 10' 45 STANLEY J. USOVICZ, JR. MAYOR DECISION OF THE PETITION OF MOFFAT REALTY TRUST REQUESTING A VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 10 JEFFERSON AVENUE R-2 A hearing on this petition was held April 30, 2003, with the following Board Members present: Nina Cohen, Stephen Harris, Richard Dionne, and Bonnie Belair. 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 is requesting a Special Permit to extend a non-conforming use and Variances to allow two buildings on one lot and from minimum distance between buildings for the property located at 10 Jefferson Avenue located in a R-2 zone. The provisions the Salem Zoning Ordinance which is applicable to the request for a Special Permit is section 5-3 0), 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 Sections 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extent 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 rules 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. The Variances which have been requested may be granted upon a finding of the Board . that: A. Special conditions and circumstances exist which especially affect the land, Building or structure involved and which are not generally affecting other lands, buildings or structures in the same district. B. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. C. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the of the Ordinance CITY OF SALEM.,MA i CL€RK'S OFFICE DECISION OF THE PETITION OF MOFFAT REALTY TRUST REQUESTING A VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 10 .1003 MAY -2 A ID 45 JEFFERSON AVENUE R-2 page two The Board of Appeal, after careful consideration of the evidence presented, and after viewing the plans makes the following findings of fact: 1. Petitioner Santo DeFrancesco is a Trustee of Moffat Realty Trust, which owns a property at 10 Jefferson Ave. in an R-2 district. The property, which formely housed the Surette Battery business, was redeveloped by the petitioner and now consists of a two-story brick building with retail shops on the first floor and professional office space on the second floor. Both the retail and office businesses on site have thrived, and additional office space is needed to accommodate the growth of the office uses. 2. Because of the demand for addition office space, Mr. DeFrancesco seeks to build a second office building perpendicular to the existing structure. The proposed building, a single story structure of 1800 sq. feet, will be accessible from the Winthrop Street side of the property, but will be separated from the existing building by a walkway. The proposed new building will house 1 or 2 office units. 3. Variances are required to allow two building on one lot, and to allow two buildings to be constructed within 6 feet of each other. A special permit is also required to extend the nonconforming office use in the R-2 district. No variance is required for parking, as sufficient off-street parking exists on site. 4. Two abutters, Mary Spang of 75 Hathorne and Mary Urbanski of 77 Hathorne, Appeared in support of the petition. Both said that parking is a problem on their street but they doubted that the proposed addition would impact their parking situation. Ward 3 City Councillor Joan Lovely appeared in support of the petition and reported that she was aware of no opposition to the proposed addition. On the basis o9 f the above findings of fact, and on the evidence presented at the hearings the Zoning 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 4. 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. 'e CITY OF SALEM. MA DECISION OF THE PETITION OF MOFFAT REALTY TRUST REQUESTING fLEAWS 0MIDE VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 10 JEFFERSON AVENUE R-2. Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the A MAY -2 A la 45 requested, subject to the following conditions; 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted and approved by the Building Inspector. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. A Certificate of Occupancy is to be obtained. 6. Exterior finishes of the new construction shall be in harmony with the existing structure and building shall be clad in brick. 7. Petitioner shall obtain proper street numbering and shall display said numbering as to be visible from the street. Special Permit & Variance Granted April 30, 2003 C\ Nina Cohen, Chairman 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 the Massachusetts General Laws 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 Massachusetts General Laws Chapter 40A, Section 11 , the Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certification of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. s yeti INK Illill ►unorr ; lova J L Zoo� ©David F. 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