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AccessLine 978.882.4651
Massachusetts 978.609.1339
500 Cummings Centel;Suite 1550 Maryland 443.538.7768
6evedy,MA 01915
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978.882.A651KELLER WILLIAMS COMMERCIAL
yDNDITq.� CITY OF SALEM9 MASSACHUSETTS
y iffy',. BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR'
SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595
FAX: 978-740-9846 t1 ^
KIMBERLEY DRISCOLL 20!0 IN 0V _j P 2: 3b
MAYOR
S !Ll_
November 3, 2010
Decision
City of Salem Zoning Board of Appeals
Petition of PRIDE CONSTRUCTION & DEVELOPMENT, seeking Variances
from lot coverage and parking requirements, and a Special Permit to expand a
nonconforming structure, in order to construct a one and a half story addition on the
existing single-story building on the property located at 75 NORTH ST., Salem,MA
(NRCC Zoning District).
A public hearing on the above Petition was opened on October 20, 2010, pursuant to Mass
General Law Ch. 40A, 5 11. The hearing was closed on October 20, 2010 with the following
Zomig Board of Appeals members present: Robin Stein, Richard Dionne, Annie Harris,
Beth Debski,Becky Curran,Bonnie Belair (alternate), and Jimmy Tsitsinos (alternate).
Petitioner seeks a Variance pursuant to Section 4.1.1, and a Special Permit pursuant to
Section 3.3.5, of the City of Salem Zoning Ordinances.
Statements of fact:
1. At the hearing,Brian Dapice of KW Commercial presented the petition along with
Sean Meyers, CFO of Pride Construction.
2. In a petition dated September 15, 2010, petitioner requested a Variance from lot
coverage in order to construct an addition on the existing structure at 75 North
Street. The Building Commissioner determined that a Special Permit to expand a
nonconforming structure was also needed for the proposed project.
3. At the hearing,the Building Commissioner expressed concern that the site not
become a construction yard and should not be used for storage of commercial
vehicles. However, Mr. Meyer stated that most vehicles would be removed from the
site at the end of each day.
The Board of Appeal, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the plans and petition submitted, makes the following
findings:
1. Desirable relief maybe granted without substantial detriment to the public
good and without nullifying or substantiallyderogating from the intent or
purpose of the zoning ordinance.
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2. The applicant mayvary the terms of the North River Canal Corridor Zoning
District to allow for the construction of the addition as shown on the
submitted plans.
3. In permitting such change, the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
On the basis of the above findings of fact and all evidence presented at the public hearing
including, but not limited to, the Plans,Documents and testimony, the Zoning Board of
Appeals concludes:
1. A Variance from maximum lot coverage, and a Special Perinit to expand a
nonconforming structure, are granted to allow for the construction of an
addition on the property located at 75 North Street, as shown on the
submitted plans.
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor (Stein,
Curran, Debski,Dionne and Harris) and none (0) opposed,to grant petitioner's requests for
a Variance and a Special Permit subject to the following terms, conditions, and
safeguards:
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. All constriction shall be done as per the plans and dimensions submitted to
and approved by the Building Comrnissioner.
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. 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.
7. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
8. 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.
Robin Stem, air
Salem Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD
AND THE QTY 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 SALEMt MASSACHUSIETTS
• BOARD OF APPEAL C; - " ' '!A
C:_c. �.;i 3 F F I C E
120 WASHINGTON STRI14T. 3np FLOOS
SALtM. MASSACHuSaTTS 01970
TtLtINONtt 979•T�69S9s
FAX. 976-740.9044 200b APR'2l A g: 11
April 24, 2006
Decision
Petition of David Jalbert requesting a variance to lot coverage
for property located at 75 North Street, NRCC District
City of Salem Zoning Board of Appeals
A public hearing on the above petition was opened on April 19, 2006 pursuant to Mass
General Law Ch. 40A, Sec. 11, the following Zoning Board members being present: Nina
Cohen, Edward Moriarty, Richard Dionne,Robin Stein and Nick Helides.
The petitioner David Jalbert is requesting a variance pursuant to section 9-5 to allow the
construction of an addition to the existing structure located at 75 North Street, Salem, in
the North River Canal Corridors (NRCC)zoning district.
The petitioner is requesting a variance from maximum lot area requirement of the City of
Salem Zoning Ordinance which is 50%in the NRCC district, to allow the expansion of
the existing structure to a total land coverage of sixty percent(60%).
The Board of Appeals, after careful consideration of the evidence presented at the public
hearing,and after thorough review of the Plans and Petition submitted, makes the
following findings of fact:
1. The property at 75 North Street is within the NRCC zoning district.
2. The petitioner proposes to construct a thirty foot by ninety foot (30' x 90')one
and one-half story addition on top of a portion of the existing one story building,
and a thirty foot by nineteen foot nine and one-half inch(30' x 19'%2') 260 sq. ft.
one story addition adjacent and connecting to the existing structure.
3. The existing businesses, North Shore Kitchen and Bath,and Creative Carpentry,
Inc. have operated on this property for several years. These businesses, which will
continue to operate on this site,constitute a pre-existing non-conforming use.
4. The existing businesses have operated within a non-conforming structure since
the lot coverage is currently at 52%.
5. Petitioner's proposal to expand the current lot coverage from fifty-two percent
(52%)to sixty percent(60)represents an expansion of a pre-existing non-
conforming structure.
6. The proposed expansion complies with the requirements for expansion within the
NRCC district under Sec. 7-21 (d)2a-c and 7-21(d)3.
7. Parking for the site will remain on the west side of the building.
8. The hours of operation will remain at their present times of 7:00 am to 5:00 pm
Monday through Friday, and 10:00 am to 2:00 pm on Saturdays.
9. There were no members of the public who wished to speak in favor or against the
petition.
On the basis of the above findings of fact,including all evidence presented at the public
hearing,including, but not limited to,the Petition and detailed plans,the Zoning Board of
Appeals concludes as follows:
1. The petitioner may construct the additions in conformity with the allowable
expansions of an existing building and use within in the NRCC district.
2. The petitioner's request for an increase in the size of the lot coverage does not
constitute a substantial detriment to the public good.
3. The proposed expansion does not nullify or substantially derogate from the
intent or purpose of the zoning ordinance.
4. In permitting such change,the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
in consideration of the above, the Salem Board of Appeals voted, five(5)in favor
(Cohen,Dionne,Moriarty,Helides,Stein)and none(0)opposed,to grant the request for
a variance, subject to the following terms,conditions, and safeguards:
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 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 the new construction shall be in harmony with the existing
structure.
6. A Certificate of Inspection is to be obtained.
7. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
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Nina Cohen,Chair
Salem Zoning 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 theoffice 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 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 and 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.
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TO BE CONVEYED TO JOHN J O' ROURKE ET AL
NORTH ST. SALEM, MASS.
SCALE 1 IN = 40 FT JAN 1952
CI{Y Engineer