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189 LORING AVENUE - ZBA I�q Lo��n�R�le . IVhI® www.myuniversalop.com phone:1-866756.4676 UNV12113 MADE IN USA v i " ) Zoning Board Proiect Status Sheet Address & Applicant: Lor' nq EN I Date Submitted to BOA: /Clerk Stamp: X1,411 Variances Only - Constructive Approval Date: (loo days from riling) Abutters List Requested: m/Abutters Notice Sent: Notice to Abutting Cities & Towns, Councillors: EV/Legal Noticeosted at City p Hall: 14 days before meeting) /Legal Notice Emailed & Confirmed: ,Legal Notice Posted on Web: Agenda to Applicant: Applicant's email address or fax number to send agenda: Opened at Meeting: Continued Meetings: Extension Form(s) Signed & Clerk Stamped? Closed at Meeting: � Decision: Decision Filed: ftAppeal Period Over: after decision filed) (21" dal' / Decision Sent to Applicant: —� d Notice of Decision Sent to abutters, c" hies and to councillors: _ / o towns, ZBA ACTION FORM Date: Rebecca Curran Chair) Mike Du Petitioner: Tom Watkins Peter Co elas Address: Junin Tsitsmos Jim Hacker Alt. Paul Viccica Alt.) Condi(tions: Total: S 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. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. ��Utt 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. RA 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(501/o)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. 00DIT9 , .:.., . ,:...:.. CITY OF SALEM MASSACHUSETTS 9; Tq BOARD OF APPEAL 31 120 WASHINGTON STREET SALEM,MASSACHUSETTS 01970 A S , KIMBERLEYDRiscOLL TELE:978-745-9595 ♦ FAX:978-740-9846 FILE- MAYOR ft!-I YiGLE1X;SAiv1, August 31, 2016 Decision City of Salem Board of Appeals Petition of DINO STATI seeking a Special Permit per Sec. 3.3.2 NonconfomVng Uses of the Salem Zoning Ordinance to convert an existing fur retail store into an office space at the property of 189 LORING AVE (Map 31 Lot 130) (R1 Zoning District). A public hearing on the above Petition was opened on August 17, 2016 pursuant to M.G.L Ch. 40A, g 11. The hearing was closed that date with the following Salem Board of Appeals members present: Peter A. Copelas (Vice- Chair),Jimmy Tsitsinos,Tom Watkins, Paul Viccica (alternate). The petitioner is seeking a Special Permit per Sec. 3.3.2 Nonconforming Uses to convert an existing fur retail store into an office space. Statements of fact: 1. In the petition date-stamped July 19, 2016, the Petitioner requested a Special Permit per Sec. 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance to convert an existing fur retail store into an office space. 2. Dino Stati, petitioner presents the petition. 3. The petitioner proposes to convert an existing fur retail store into an office space for a construction contractor company. 4. The proposed office will have four (4) employees and no large trucks or equipment will be stored on site. 5. There are four (4) parking spaces including two (2) legal parking spaces on the property and two (2) parking spaces reserved for the associated business on the street. 6. The petitioner is planning to make improvements to the facade of the building including constructing new windows along the facade of Grant Road and Loring Ave. The petitioner is also proposing to re- position the entryway and make landscape improvements. 7. No changes will be made to the footprint of the building. 8. At the public hearing one (1) member of the public spoke in favor of and none (0) spoke 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 g P � g PP presentation and public testimony, makes the following findings that the proposed project meets the provisions of the City of Salem Zoning Ordinance: City of Salem Board of Appeals This notice posted on "Official BW4,! ', Board" August 31,2016 ( it; Fie Salem, h4;,ss. on q�JY 311 :)Q(p Project: 189 Loring Ave. ir_c��rance G : dWiitl "• .' Chap. 30A' Page 2 oft U /' v, 1 16 Findings for Special Permit: The Board finds that the proposed changed in non-conforming use will not be substantially more detrimental than the existing nonconforming use. 1. The Board finds that the change of use from a fur shop to a professional office will be a benefit to social, economic and community needs. 2. There is no impact on traffic flow or safety. 3. There is no impact on the existing utilities or other public services. 4. There is no impact on the natural environment,including drainage. 5. The proposal conforms to the existing neighborhood character. 6. The potential fiscal impact,including impact on the City tax base is positive. On the basis of the above statements of facts and findings, the Salem Board of Appeals voted four (Peter A. Copelas (Vice- Chair), Jimmy Tsitsinos, Tom Watkins, Paul Viccica (alternate)) in favor and none (0) opposed, to allow the petitioner to convert an existing fur retail store into an office space subject to the following terms, conditions, and safeguards: Standard Conditions: 1. The petitioner shall comply with all city and state statues, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. 6. A Certificate of Occupancy shall be obtained. 7. A Certificate of Inspection shall be obtained. 8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. Rebecca Curran, Chau 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 Laws 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 Laws Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has been filed with the Essex South Registry of Deeds. CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS CITY of sALEI�r PETITION FORM yr , ,MASSACHUSETTS BOARD OF APPEALS 2016 JUL I tgj,l Q q: 45 AM e y 120 WASHINGTON STREET,3RD FLOOR SALEM,MASSACHUSETTS 01970 ITY t Thomas St.Pierre,Director of Inspectional Services X Phone:978-619-5641 /Fax:978-740-9846 KmmBERLEr DRisCOLL Erin Schaeffer,Staff Planner MAYOR Phone:978-619-5685/Fax:978-740-0404 �^ TO THE BOARD OF APPEALS: 00 �F ✓Gl /\�` 1 The Undersigned represent that he/she is/are the owners of a certain parcel of land Notated at:4AGtiT O Address: In` \A(t S(' wee00 t 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.: I am proposing to construct a 10'x 10'one story addition to my home located at 3 Salem Lane, in the R-2 Zoning District. The Zoning Ordinance requires the minimum depth oflhe rear yard to be 30 feet. The current depth of my reaart/ya�fr.d is 32 feet; the proposed addition would reduce the depth of the rear yard to 22 feet.) 1-4f a u7 LO ltJ4 �a s� �rLm,ur' 15 z6�m4tL Sa, uSE fro Z � rJn.c o5e- -t� G�c,t= '(IAC Cf6 —rs t5{7�C cr U56 (YTiUZIN4 fi�ar/rw-r 4--iD MoD11`� lie` Lw/fz' l.tvt /l4wJ-(ro/- "13e)9-R-[^A Lvral8 4-66 L.tj Ste{? wrw�orws ) A 3>A-a-vEo 1/r qf-'m ju �u�Jr/ry f I�,g-wm,Eo ap�mr4S . f For this reason I am requesting: ( )Variance(s)from provisions of Section of the Zoning Ordinance,specifically from What is allowed is SI tie. minimum depth of rear yard). (ft? q Jl?stories? %?), and what I am proposing is (fi?sq ft?stories? %,?). (Irf A Special Permit under Section 3-.. of the Zoning Ordinance in order to ( )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: R�t-h1 Are Lot Dimensions Included?({.j'Sfes O No Why? (Example: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. CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS PETITION FORM The following written statement has been submitted with this application: O 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 orstructure 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 t) Potential fiscal impact,including impact on City tax base and employment. O For all Comprehensive Permits for construction of low or moderate income applicants should refer to M.G.L. Ch.40B §20-23. Previous applications to the Board of Appeals involving this property have been submitted with this petition form. The Building Commissioner can provide documentation ofprevious applications to the petitioner or his representative. /f different from petitioner-, Petitioner.✓t IAD sf' T 1 Property Owner:,pr'Osio a`� /.�, �1 t r 7I S 9r p�ooy,(l1S Address: 3 t o.Js �Q Address:�(?5 Ior'l �t G Ay��, Telephone: `2g( - 2 5!1 z ( Telephone: Z��'W aZ..10 Email: &5f V {q46ticlt?45 .cor( Email: 'f_ e�fp,2atdZo S� Gyyr�/tL Co Al Signature: v Signature: � �" Date: 71— (y - �.Q- - (Attached m, t letter is also a�eptable) Date: t " Y - / 6 /f different from petitioner. Representative:. A TRUE Address: ATTEST Telephone: Signature: Date: CITY CLERK DATE DPCD DATE This original application must be filed with the City Clerk 4r THE SALEM NEWS REQUEST FOR LEGAL NOTICE I understand that by signing this form, I am agreeing to the cost of the legal notice to be published in the newspaper. Payment is required at the time of the legal notice being received by the city and before it is published in the newspaper. Please make checks payable to THE SALEM NEWS: The Salem News Attn: Legal Notice 32 Dunham Road Beverly,MA 01915 Prepaid cost required to run:$260 'Important:Average legal notice costs are estimated;customer will either be refunded or billed after the legal notice is published. Check# (attach check) If payment is not received,the legal notice will be cancelled. (Signature) unoTt1c1a1 Property Record Card Page 1 of 1 Unofficial Property Record Card - Salem, MA General Property Data Parcel ID 31-0130-0 Account Number Prior Parcel ID -- Property Owner STERDU REALTY TRUST Property Location 189 LORING AVENUE STERGIOPOULOS CHRISTOS TR Property Use Store Mailing Address 189 LORING AVE Most Recent Sale Date 2/24/1999 Legal Reference 15493-227 City SALEM Grantor CHIULLI STEPHEN E Mailing State MA Zip 01970 Sale Price 157,000 ParcelZoning R1 Land Area 0.107 acres Current Property Assessment Card 1 Value Building 121,500 Xtra Features 0 Land Value 179,700 Total Value 301,200 Value Value Building Description Building Style Store Foundation Type Conc.Block Flooring Type Carpet #of Living Units 1 Frame Type Wood Basement Floor NIA Year Built 1920 Roof Structure Flat Heating Type Forced HIW Building Grade Average Roof Cover Rolled Heating Fuel Gas Building Condition Average Siding Brick Air Conditioning 100 Finished Area(SF)2473.7 Interior Walls Drywall #of Bsmt Garages 0 Number Rooms 0 #of Bedrooms 0 #of Full Baths 0 If of 314 Baths 0 #of 112 Baths 1 #of Other Fixtures 4 Legal Description Narrative Description of Property This property contains 0.107 acres of land mainly classified as Store with a(n)Store style building,built about 1920,having Brick exterior and Rolled roof cover,with 1 unit(s),0 room(s),0 bedroom(s),0 bath(s) 1 half bath(s). Property Images Disclaimer.This information is believed to be correct but is subject to change and is not warranteed. http://salem.patriotproperties.com/RecordCard.asp 7/18/2016 f .l 4 �sz sz sr 0s1P yy u ro �'� ° 3.y MU til I0. a 0./p0. AP o O� SM1A o] obW ° w a M15 F N y N S M BZ o6 Sf 5 � ti N xa N a± 2 u V� h ° n W1 o Vi Q 1 � R$ q � N io m N �, ^,,,� 90 z a 1N ., r-:...n•' � i L Z o 0 0 � f OF °C �. sl 26 z6 9z sr i �� =r O'd NOW m y N g6 N Tb N N Q � Z'S J sz SZ $Z SZ N U J W L H f I �a I � � i s 1 � CO vi ' I � toII i ' i s � i � J � a � it j � o i I 7 Q 1 r STATEMENT OF GROUNDS I am proposing that the existing structure be used for my offices. Historically,the building was used for retail purposes,which brought in foot traffic, cars and parking needs,as well as deliveries being made. The only people using the office space will be myself, my wife and one or two additional employees. I feel there will be less foot traffic than a retail space. Regarding traffic flow,there are two parking spaces in the driveway,two in front of the building and two spaces on the side. That is more than adequate,as the spaces will be occupied by my employees and me. The utilities are adequate. There should be minimal impact to the environment.The space will be used for office space and no large trucks or heavy equipment will be garaged on site. Regarding neighborhood character, I plan to make some improvements to the exterior such as painting, new windows,and new walkway. The footprint of the building's exterior will remain the same. Regarding fiscal impact, I will be paying taxes to the city and employing staff. Erin Schaeffer From: Josh Turiel Sent: Wednesday,August 17, 2016 11:08 AM To: Erin Schaeffer Subject: Letter of support for Deacon Giles Distillery For the record; In the roughly half a year since they opened for business, Deacon Giles has been an asset to Salem and to the Canal Street corridor. I am in full support of their being allowed to expand their retail operations to additional days. Josh Turiel Salem City Council Councillor, Ward 5 City Council President 978-801-1673 Ituriel@salem.com facebook.com/TurielForSalem Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal officials are public records. FMI please refer to: http://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. t