198 LORING AVENUE - ZBA 19� � ���
f
Y i
Zoning Board Protect Status Sheet
Address & Applicant: 19 n Q /DA. v% A Pot t
Date Submitted to BOA: a . 2 S I-"'
d Clerk Stamp: a-J a " - 2-S*�—
Variances Only - Constructive Approval Date: aon(lays from riling)-
n// Abutters List Requested: k-Z-11'I//
d/Abutters Notice Sent: 7, 6
�F
0/ Notice to Abutting Cities & Towns, Councillors: � ? ,z
❑' Legal Notice posted at City Hall: (14 days before meeting)
❑ Legal Notice Emailed & Confirmed:
❑,J 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: l Z
Decision:
Decision Filed: Appeal Period Over: (2 1"day
anter decision filed)
❑ Decision Sent to Applicant:
❑ Notice of Decision Sent to abutters, cities and towns,
councillors:
ZBA ACTION FORM <;BOARD'MEMBERS MOTION> SECOND, ,.VOTE
Date: Rebecca Curran (Chair)
Richard Dionne
Petitioner: Mike Duffy
Tom Watkins
Address: Peter Copelas
Jimmy Tsitsinos (Alt.)
Total:
ConZP
s: a
itioner shall comply with all city and state statutes, ordinances, codes and regulations.
c shall be done as per the plans and dimensions submitted to and approved by the Building
mmissioner.
All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to.
,dpetitioner shall obtain a building permit prior to beginning any construction.rior finishes of the new construction shall be in.harmony with the existing structure.
ertificate 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.
Elf �110131r ',"q
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
� U P 2: OS
120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 70
KIMBERLEY DRISCOLL TELE:978-745-9595 ♦ FAx:978-740-9846 FILE
MAYOR
CITY C6EFK. SALEM, IIASS:.
February 4, 2015
Decision
City of Salem Board of Appeals
Petition of DAVID POTTER, requesting a Special Permit per Sec.3.3.2 Nonconforming Uses of the
Salem Zoning Ordinance, in order to allow an existing nonconforming use of a barbershop to be
changed to another nonconforming use of a general office at the property located at 198 LORING
AVE (Map 31, Lot 31) (R1 Zoning District).
A public hearing on the above Petition was opened on January 21, 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. Duffy, Mr. Watkins,Mr. Copelas,Mr. Tsitsinos (Alternate).
The Petitioner seeks a Special Permit from the requirements of Section 3.3.2 Nonconforming Uses of the Salem
Zoning Ordinance.
Statements of fact:
1. In the petition date-stamped November 25, 2014, the Petitioner requested a Special Permit to allow
an existing nonconforming use of a barbershop to be changed to another nonconforming use of a
general office.
2. Attorney Lisa Mcgloin, presented the petition on behalf of the applicant.
3. The office space will be a real estate office with a total of two (2) employees.
4. The requested relief,if granted,would allow the Petitioner to convert a previously existing barbershop
to a real estate office use.
5. At the public hearing one (1) member of the public spoke in favor 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
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. This change in use shall not be substantially more detrimental than the existing nonconforming use to
the neighborhood.
2. The proposed use is not more detrimental re is no impact on the social, economic or community
needs served by the proposal.
3. There are no impacts on traffic flow and safety,including parking and loading.
City-ofSalemBoard of Appeals
February 4,2015
Project: 198 Loring Ave
Page 2 of 2
4. The capacity of the utilities is not affected by the project.
5. There are no impacts on the natural environment,including drainage.
6. The proposal fits with the existing neighborhood character as there has been a small business in
operation at this location for over 50 years.
7. 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 five (5) in favor
(Ms. Curran, Mr. Watkins, Mr. Copelas,Mr. Duffy and Mr. Tsitsinos in favor) and none (0) opposed, to grant
a Special Permit per Sec. 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance,in order to allow an
existing nonconforming use of a barbershop to be changed to another nonconforming use of a general office
at the property, subject to the following terms, conditions, and safeguards:
1. The 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 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 to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior finishes of new construction shall be in harmony with the existing structure.
6. A Certificate of Inspection is to be obtained.
7. No motor vehicles shall be parked on the sidewalk.
--kl
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 deacon, if any,shall be made pursuant to Section 17 of the Massachusetts General Law1 Cbapter 40A, and shalt be filed within 20
days of filing of this dearion in the office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the l/ariance or
Special Permit granted berein shall not take effect until a copy of the decision beating the certificate of the City Clerk has been filed with the Essex South
Registry of Deeds.
4, CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
PETITION FORM
CITY OF SALEM,MASSACHUSETTS
r c oi' BOARD OF APPEALS
11MM 120 WASHINGTON STREET,3RD FLOOR
SALEM,MASSACHUSETTS 01970
Thomas St.Pierre,Director of Inspectional Services ti
Phone:978-619-5641 /Fax:978-740-9846 c
KIMBBRLBY DRISCOLL Dana Menon,Staff Planner z
MAYOR Phone: 978-619-5685/Fax:978-740-0404 -n
TO THE BOARD OF APPEALS: `y'MU-1
=
The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: 3 D
Address: f nn
l / c� 1 �..0 k-i U M Zoning District:_ R ' rn
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.(Fxample:
1 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
reran yard is 31 feet;the proposed addition would reduce the depth of the rear yard to 12 feel.)
_L Q � u � sY o c
t^
1 CJL 4ti Z N
w A. ? i c9..� P A-p
C� S
v
bC e Q?
For this reason 1 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
U?sq j!?stories? %?), and what i
am proposing is (j!?sq fl?stories? %?).
\ ( A-Special Permit under Section 3,a of the Zoning Ordinance in or¢pr t fnS e Pyor (tT��
l4
( )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:a-J Are Lot Dimensions Included?( )Yes KNo Why? 1F t<r f
(Franrple:Two Family Ho re)
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-L s
practical difficulty or unnecessary hardship to the Undersigned and relief may be granted witho l I V
derogating from the intent and purpose of the Zoning Ordinance.
NOV 25 2014
DEPT.OF PLANNING d,
COMMUNITY DEVELOPMENT
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
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.
Ifdifferenl from petitioner.
Petitioner: CW t M-0-Ir 3URSerty Owner: h C• 1aiDtctn U
Address:,? Address: N I CK2r 55,(0 G
,�n P- -
Telephone: 1�r��' � 9- �o Telephone: r� IS -$oI�' 24�y
Email: dOWQ _(kovP PO� (Co— Email J�b�COqw 113
Signatu Signature: Qmmz4 C'
c,/ --(A ached consent letter is also acceptable)
Date:. '/ / 'ate: Y��LY-I q
If 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
dl -e 2 1-9 A
P— P4 c \mL
41coczV- \f- CSS cL
Ge^..-QrzcA- o�cce SP � c � .
�t -e CC,rL--S -e kd1 6-e L -e Necks �l
C,, `
�^ rlc7Lik (nOtis (s � �jJ.r �v -ft . l .� 1 _9,
-Jyzc-- Wt C- 1 G Q S S �c� �. r S p o c S L- Co rj-S
f'l ob G 1 Ir3�1e (.s (F s C � d e
S P
oS
L e s stie
C ! `^ 9✓ f --k✓ 4E! C Se /c1 /J,Iop
�l� -C4 C 6� Ph v k 0,Q �YJ' I
4
L- sI C3
e ,
Zvi a
4f,
c-/L , �,� Gc4- -(C) sc"lam