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310 LAFAYETTE STREET - ZBA 41 , r` ZONWG BOARD OF APPEALS PETITION FORM �ONDITq �� CITY OF SALEM, MASSACHUSETTS ZONING BOARD OF APPEALS F es': 120 WASHINGTON STREET,3RD FLOOR 2013 FEB 21 A '8-'4'3 SALEM,MASSACHUSETTS 01970 ° FILE # y�l Thomas St. Pierre,Director of Inspectional ServiceCITY CLERK(, SALEM.MASS. !rqN®Dt t. 978-619-5641/f 978-740-9846 Danielle McKnight,Staff Planner t.978-619-5685/£978-740-0404 TO THE BOARD OF APPEALS: The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: Address: 3/C CGt'rG/ Sr Zoning District: 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: /am proposing to construct a 10'x/0'one story addition to my home located at 3 Salem Lane, in the R-2 Zoning District. The Zaning Ordinance requires the minimum depth of the rear yard to be 30 feet. The current depth of my rear yard is 32 feet; the proposed addition would reduce the depth of the rear yard to 22 fee tlt. l 4,4j,oa e� , lc" –ID e 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? %?), and what I am proposing is (ft?sq ft?stories?%?). (ary A Special Permit under Section of the Zoning Ordinance in order to -3 'o� ( )Appeal of the Decision of the Building Inspector(described below): The Current Use of the Property Iss: Are the lot dimensions included on the plan? (example: Two Family Home) 104'-0_ 1 R2 3 O Yes ( 7o n/a because LA')"4-- The —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. }, r ZONING BOARD OF APPEALS The following written statement has been submitted with this application: PETITION FORM ( )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 Art. V, §5-3. 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 f) Potential fiscal impact, including impact on City tax base and employment. Previous applications to the Board of Appeals involving this property have been submitted with this petition form. The Building Commissioner can provide documentation of previous applications to the petitioner or his representative. If different from petitioner: Petitioner: JO £L aR-fFX.) Property Owner: Address: I/O4AAlf£i'7f S7 Address: Telepto e: 7 777 - 3 6 4rS Telephone: -14 Signs ore Signature(Attached consent letter is also acceptable) _ z/Z7/i 3 Date Date If different from petitioner: A TRUE Representative: ATTEST Address: Telephone: Signature Date DATE SUBMITTED TO BOARD OF APPEALS: CITY CLERK This original application nmst be filed with the City Clerk. Qf a IL rt j c.L. LI � 3 :7 aH '7 u, FICE o CIT1SALEM. MASS. SEPTEMBER 26 1979 DECISION ON THE PETITION OF DR. AND MRS. JOEL 310 LAFAYETTE STREET. GREEN FOR A SPECIAL PERMIT FOR . Pursuant to a proper notice of public hearing, a public hearing was held on September 26, 1979 on the Petition of Dr. and Mrs. Joel Green requesting a Special Permit to operate a chiropractic office at 310 Lafayette Street. The building in question is in a R-3 district. The Special Permit which has been requested may therefore be granted upon a finding by the Board of Appeals, if the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. The Board. of Appeals, after considering the evidence presented at the hearing and after viewing the property makes the following findings of fact: (A) The location in question is a large house within an R-3 district which the petitioner proposed to use as a single family residence and chiro- practic office. (B) The proposed chiropractic Office will have two treatment rooms and a waiting room/reception area. (C) The location has six off-street parking spaces. (D) The location is in close proximity to other medical offices. On the basis of the above findings of fact and on the evidence presented at the public hearing the Board of Appeals concludes 4 to 1 that the proposed use willpromote the public health, safety, convenience, and welfare of the City's inhabitants and that the proposed use is in harmony with the Zoning Ordinance. Accordingly, the Board votes 4 to 1 in favor of granting a special permit to the petitioners. (Messrs. Nutting, LaBrecque, Piemonte, and Feeherry in favor; Chairman Boulger opposed). The Special Permit is therefore granted in accordance with the following terms and conditions: (1) The Special Permit is granted to use a portion of 310 Lafayette Street as a chiropractic office. (2) The Special Permit is granted on the condition that the property in question shall be used as a single-family residence and chiropractic office. (3) The Special Pei-mit shall terminate if the property is sold by Dr. Green or if Dr, Green does not use it for his practce. A.•rv. S!!,­L P r, i r!r ro srcr,r ! n of r!,,:as.. i me tr rr r ; . . Atty. Anthdny r eeherr y C c .; !s Acting Secretary of r:+' n>,>:.,. Daniel Sexton From: Josh Turiel flosh@joshturiel.com] Sent: Wednesday, March 13, 2013 8:36 AM To: Daniel Sexton Subject: Re: Board of Appeals Meeting Agenda -Wednesday, March 20, 2013 Follow Up Flag: Follow up Flag Status: Completed Just to let you know, I support Mr. Green's petition regarding 310 Lafayette Street and have spoken to the owner about it. I may not be at the meeting, but please make note of that if possible. Josh Turiel Salem City Council Councillor, Ward 5 978-801-1673 josh@joshturiel.com facebook.com/TurielForSalemCouncil On Mar 13, 2013, at 8 :31 AM, Daniel Sexton <dsexton@Salem.com> wrote: - > Morning City Councilors, > > Please find attached a copy of the agenda for the Board of Appeals meeting scheduled for next Wednesday, March 20th, 2013. > If you have any questions, please let me know. > Thanks, > Daniel J. Sexton > Staff Planner > Department of Planning & Community Development > City of Salem > City Hall Annex. > 120 Washington Street > Salem, MA 01970 > Phone: (978) 619-5685 > Fax: (978) 740-0404 > Email: dsexton@salem.com > <ZBA MtgAgenda 3-20-13.pdf> 1 t GREEN CHIROPRACTIC EDS` NORTH SHORE CHIROPRACTIC SPORTS INJURY CENTER HAR 13 2013 310 LAFAYETTE STREET SALEM,MASSACHUSETTS 01970 DEPT OF PLAN.NNG& s>744-1123 :OMML)NdTY DEVELOP6EV City of Salem OR.JOEL G.GREEN Zoning Board Of Appeals March 15, 2013 I am the owner of the property at 310 Lafayette St., which is located in zone three. I am requesting a change in language to the Special Permit granted in 1979. This permit allowed the building to be used as a chiropractic office and residence until I sell the property. The chiropractic office has been a part of the community for 34 years. My associate of four years would like to purchase the building and continue to use it as a chiropractic health office and residential condominium. It would be a hardship to convert the building to a single-family residence. The downstairs has been used as an office for 34 years. The kitchen has been removed and there is no longer a center stairwell to the second floor. There is now a built in reception desk and one room has been partitioned for patient privacy. There is a glassed in waiting room and a kitchen has been added to the upstairs apartment. The heat and electric now have separate units. Therefore, it would be difficult and costly to convert this back to a single family home. Since 1979, the area has changed from single-family units to many multifamily units and apartments. On this block, the public library is now Andrew Michaels Day Spa. There are several apartment buildings, a church, a temple, and a halfway house. Lafayette St. also has a medical office, a dentist, an optometrist and a photographer, etc. f A change would also be unfortunate for the many patients who have been served at this facility. It is a long-standing chiropractic office, which has promoted the public health, safety and welfare of the community. It is a convenient location for the many patients we have treated. 90% of our patients are from Salem. We recently had a company remove close to 15,000 patient files to be shredded, which were no longer necessary to keep. I am required to keep files for seven years. We are also active with Salem State University. We have treated athletes, students and faculty from the University. We have employed students at our facility and some nursing students have rotated and worked in our office. Because of our location, we have enjoyed a close relationship with the University. Finally, as an office, our tax base pays taxes as a business, which is a higher rate than residential. This is beneficial to the tax base in Salem. Thank you for considering my request so this office can continue to serve Salem.