600 LORING AVENUE - ZBA 600 LORING AVENUE
\ Il MARK KLAMAN, TRUSTEE
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DECISION OF THE PETITION OF IPSWICH SAVINGS BANK REQUESTI(NC A ::`; "Q.SS
VARIANCE FOR THE PROPERTY LOCATED AT 600 LORING AVENUE (R3/B'2.:J
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A hearing on this petition was held June 18,1997 with the following Board
members present: Gary Barrett; Chairman, Nina Cohen, Albert Hill , Joseph
Ywuc and Richard Dionne. 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, requests a Variance for a Change of Use to allow an ATM Machine
in a portion of an R3 zone for the property located at 600 Loring Avenue.
The Variance which has been requested may be granted upon a finding of this
Board that:
1 . Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land, buildings, or structures in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1 . The property at 600 Loring Ave. consists of a commercial office building
on a lot located in two zoning districts. The Zoning Board granted a
variance to the property owner on May 30, 1985 to enable the owner to
extend a portion of the existing structure for a distance of 30 feet
into a portion of the property in accordance with section 7-9 of the
Zoning Ordinance.
2. Petitioner is the lessee of a portion of the property that was formerly
used as a bank branch with a drive-up automatic teller. Petitioner
wishes to rebuild the drive-through ATM on the site formerly used for
the same purpose, but the proposed plans extend slightly into the R-3
area, beyond the 30ft. permitted extension.
3. There was no opposition to the proposed relief.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property
and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
3. Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
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DECISION OF IPSWICH SAVINGS BANK REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 600 LORING AVENUE (R-3)
page two
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant
the variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statures, 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
safety shall be strictly adhered to.
4 . Exterior finishes of the new construction shall be in harmony with the
existing structure.
5. Petitioner is to obtain a building permit prior to beginning any
construction.
6 . A Certificate of Inspection is to obtained.
Variance Granted �/
June 18, 1997 Z (/�(/)4GZ., (G;-p,yL (SL' n.)
Nina Cohen, Member
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.
Board of Appeal