Loading...
75 NORTH STREET - ZBA ��ti�� � � � -- - �� � � � . �, . � �� � -� ,� -� � � � I,,agal Yotice i CRV OF SALEM ' BOARD OF APPEAL 745.9595,Ext.301 will hold a public hearing for all per- sons interested in the petition submit- ted by DAVID JALBERT requesting a Special Permit(Section 8-4)to alter a G non-conforming structure and Vari- ances rear setback, lot coverage and number of stories to construct a two 1 story addition for property located at 75 North Street R-2.Said hearing will 1 be held on Wednesday,April 19,2006 at 6:30 p.m, 120 Washington Street,t 3rd floor,Room 313. Nina Cohen,.Chairman SN—4/5,4/12/06 CITY OF SALKMv MASSACHUSBTTS 1 BOARD OF APPEAL CLERK'S OFFICE 120 WASHINGTON STREET, 3no FLOOR SALEM. MASSACHUSETTS 01970 TELEPHONE: 979.74s•9599 FAX: 979-740.9646 ,1006- APR-2l- A 8:_1 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 19'1/x") 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. J, 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: I. 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 Sale I m 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. '2" cam. 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 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 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.