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93 NORTH STREET - ZBA D D ,� - q� ��� ��- / , _ _ _ � c\ �� Legal Notice CITY OF SALEM 1 BOARD OF APPEAL i 978.745-9595,Fact.381 Will hold a public hearing for all per- sons interested in the petition submit- ted by SALVATION ARMY requesting a Variance from front and side yard setbacks to construct a new building for the property located at 93 North Street &5 Mason Street B-1. Said hearing to be held Wednesday,June t 18,2003,at 6:30 p.m., 120 Washing- ton Street,3rd floor,Room 313. Nina Cohen,Chairman J corw CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL CITY OF SALEM, MA 120 WASHINGTON STREET, 3RD FLOOR CLERKS OFFICE �qit /fda. SALEM, MA 01970 �syB� TEL. (978) 745-9595 FAX (978) 740-9846 STANLEY J. USOVICZ, JR. 1001 SEP 25 A if: Op MAYOR DECISION OF THE PETITION OF SALVATION ARMY REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 93 NORTH ST & 5 MASON ST B-1 A hearing on this petition was held Septemberl7, 2003 with the following Board Members present: Nina Cohen. Chairman, Nicholas Helides, Joan Boudreau, Stephen Harris and Joseph Barbeau. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening New in accordance with Massachusetts General Laws Chapter 40A. The petitioner is requesting a Variance from front and side yard setback to construct a new building for the property located at 93 North St. & 5 Mason Street located in a B-1 zone. The Variances, which have been requested, upon a finding Board that: a. Special conditions and circumstances exist which especially affect the land, building Or structure involved and which are not generally affecting other lands, buildings, and structure involve. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioners.. c. Desirable relief may be granted without substantial detriment to the public good and Without nullifying or substantially derogating from the intent of this district of the purpose of the Ordinance The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: I. Petitioner, the Salvation Army of Massachusetts, Inc. seeks to demolish an older building and replace it with a larger facility at 93 North St. and 5 Mason St ?. The proposed facility will consist of a one-story building of 15, 000 sq. ft. with basement and adjacent parking lot. The building will be used along the North St. nroDerty line. within the North Street Entrance Condor District for the Citv of Salem. Because the proposed allows for no front setback and for minimal side setback, the petitioner seeks zoning relief for both dimensional variances. REQUESTING A DECISION OF THE PETITION OF SALVATION ARMY RE Q VARIANCE FOR THE PROPERTY LOCATED AT 93 NORTH ST & 5 MASON STREET B-1 page two 3. The site plan drawn by Scott Patrowicz of Patrowicz Land Engineering, provides for access from Mason Street to an 18-car parking lot at the rear of the building. Traffic flow in this rear lot will be one-way to allow visitors to deposit donation bags at a bin in the rear of the parking area, and the 18 parking spaces will be used by employees and visitors. The City's Planning Board will provide site plan review for the project. 4. Fred Gerner of Elliot & Associates Architects drew architectural plans for the new building. The plans were reviewed by members of the Historic Salem Inc., and by the Assistant City Planner for the City of Salem, who also met with petitioner's representatives. Historic Salem Inc. sent a letter expressing satisfaction with the design process, stating however that they were unable to review the proposed plans in time to formally approve the final proposal. 5. The project has the full support of Michael Banal, Ward 6 City Councilor and also was supported by Rich Blazo, an abutter at 92 North Street. On the basis of the above finding of fact, the evidence presented at the hearing, the Zoning Board of Appeal concludes as follows: 1. Special conditions exist which especially affect the subject property but not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petition. 3. Desirable relief can 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. Therefore, the Zoning Board of Appeal voted 5-0, to grant the Variances 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 dimension submitted and approved by the Building Commissioner. DECISION OF THE PETITION OF SALVATION ARMY REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 93 NORTH STREET AND 5 MASON STREET B-1 page three 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. Prior to obtaining a Building Permit, Petitioner shall obtain approval of the exterior design and exterior details of the building from the Design Director of the Salem Planning Department and the City Preservation Officer (currently the same person) who shall consult with Historic Salem, Inc. 6. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 7. Petitioner shall obtain a Certificate of Occupancy. 8. Petitioner shall obtain proper street numbering for the City's Assessors Office and shall display number so as to be visible from the street. Variance Granted September 17, 2003 Nina Cohen, Chairman Board of Appeal Y A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CIITY 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 day 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 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 is 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 PETITION WE, THE UNDERSIGNED, ABUTTERS AND NEIGHBORS TO THE SALVATION ARMY PROPERTY LOCATED AT 93-95 NORTH STREET AND 5 MASON STREET, HAVE REVIEWED THE PLANS, AND HEREBY SUPPORT THE PROPOSED RENOVATIONS, INCLUDING THE DEMOLITION OF THE TWO EXISTING BUILDINGS AND THE CONSTRUCTION OF A NEW CHURCH AND COMMUNITY SERVICE CENTER, AS PROPOSED. WE, THEREFORE, URGE THE BOARD OF APPEAL AND PLANNING BOARD TO GRANT THE REQUESTED ZONING RELIEF. . �jaL va X7`It S7— me Address Nam " Address Name Address Name Address Name Address Name Address Name Address Name Address Name Address Wednesday,September 17,2003 5:53 To:Sally Murtaugh From:Staley MCDermet Page:2 of 2 PM i� �4 I I as i . w JL StO11C t 9 North Street I P.O. Box 865 970 incorporated Salem, M Telephone (978) 74"799 September 17,2003 Nina Cohen,Chair RE: Variance Request Salem Board of Appeals Salvation Army Building 120 Washington Street North Street Salem,MA 01970 Salem,Mass. Dear Ms.Cohen: Historic Salem,Inc. (along with other interested parties)has meet several times with representatives of the Salvation Army regarding their request for variances to construct a new building. Unfortunately,we only learned yesterday that the hearing on the variance would be held tonight. (Since it is a continuation,it did not appear in the paper.) As it turns out,no one from HSI who has been involved with the discussions is able to attend tonight's hearing. However,we would like to submit the following comments for the Board's consideration. The Salvation Army has been receptive to many of HSI's suggestions and has made a number of modifications in response to issues that we have raised. These issues have centered on the compatibility of the proposed design with the context of North Street and with the many significant historic buildings on North Street,and with the intent and requirements of the entrance corridor overlay district. Our most recent meeting with the Salvation Arany was on August 26,2003. At that meeting,substantial progress was made,and significant changes were proposed. The Salvation Army's response to the August 26 meeting was received only yesterday,and included changes to our suggested revisions. HSI has been unable to adequately review this response,and is therefore unable to take a formal position on the variance request at the hearing tonight. While HSI,in this instance,would likely not object to the granting of variances regarding front-and side-yard setbacks,we are concerned about the compatibility of proposed construction with the historic nature of our City,if these protecting setbacks are eliminated. Ideally,the hearing should be continued until all issues are finally resolved. On the other hand,the Board may decide to act given the information it now has and the progress that has been made to date. If the Board decides to act,and if the Board decides to grant the requested variances,we respectfully request the following condition be included in your decision: "Prior to obtaining a Building Permit,Petitioner is to obtain approval of the exterior design and exterior details of the building from the Deputy Director of the Salem Planning Department and the City Preservation Officer(currently the same person)who shall consult with Historic Salem,Inc." North Street,being the introduction to Salem for hundreds of people a day,is a critical part of our City. Any changes deserve careful attention. The above condition should be helpful in insuring that the proposed change is a positive one. We regret being unable to attend this hearing,but appreciate your consideration of our comments. ,Sraky tt'cDermet Staley McDermet,Member Preservation Committee Historic Salem,Inc. cc:Denise McClure-Deputy Director of the Salem Planning Department/City Preservation Officer Michael Bencal-Ward Six City Councilor Fax: (978) 744-4536• Email. hsi@nii.net•Web: http://www.historicsalem.org/ �J/ 00 0 0 tiy ' w >O 00� O <✓2�0 �O,PT' '�i S � O \ O _ F _ O 0 �� �� O,. O GC O Disclaimer: This plan is not to scale and shall not be o Or used for accurate measurements of building locations, �Q� O O property line and/or street layout dimensions. This plan 0 � S is intended for graphic purposes only to show the general �P � , �� = � ' /✓�.p� neighborhood. I O O O Q � o Oo O <�o 00 O O ti � O O pF O O O F� OIPA O � o O 00 \ O O V 00 �2 �� O o O 9� _ \ O \ \ 6 4/23/03 ZBA APPLICATION (FOLLOWING NEIGHBORHOOD MEETING) S�� r 5 1/16/03 REVISED PER MEETING WITH ATTORNEY AND CLIENT 4 11/18/02 REVISED PER MEETING WITH CITY ENGINEER v 4/ 3 11/6/02 REVISED PER MEETING WITH CITY ENGINEER 2 10/20/02 REVISED LAYOUT PER ARCHITECTS NEW BUILDING DESIGN COMMUTER PARKING LOT �,� A O 1 9/25/02 REVISED LAYOUT PER TEAM MEETING NO. DATE DESCRIPTION �. AN O 3 O Yl 0 V A T 1 ON Y 'li �� - SITE PLAN o � � 1 LOCUS MAP 5 i for THE SALVATION ARMY N I I � OF MASSACHUSETTS INC . O for a site located at ' -- � � � q # 93- 95 North Street FEDERAL STREET 63 a'� 47 a5 4 t �,i O - — ---- I Salem, Massachusetts I Owner: The Salvation Army of Massachusetts, Inc. 147 BerkeleyStreet Boston, MA 02116 O �� / - / o A❑ - z I % I 0 Date: September 25, 2002 I I I I ❑I Scale: NTS Sheet 1 of 3 ��Mgss�� y PLDE x{02-07 0� scoTT iav s� � � I ti LYNDE - -- I � Pnraowicz 179 �� ❑ ❑ S rn R25 �� O �, r7 I- STREET PATROWICZ F 336580 o CIVIL mi 75 1715.515 1L 9 CST �� n s LAND DEVELOPMENT ENGINEERING z 60 Washington Street, Salem, MA 01970 a td �,� (978)745-2288 CITGO / 0 #92 \ SUN GARDEN \ #2 / / RESTAURANT \ THE GIFT PALACE 10 - - \ 0 0 90 # o \ / - LANDSCAPED BED (MULCHED) a,T #3 REPLACE EXISTING \ 6' HIGH CHAIN LINK FENCE o / OKG P CHAPEL PROPOSED , BUILDI F� FFE 14. 5 #93 PLATFORM a / MULTIPURPOSE O PLACE EXISTING 6' GH CHAIN LINK FENCE #5 Mason \, - °��A� GOA MULTIPURPOSE CHAPEL EXPANSI©N ° ° BITUMINOUS CONCRETE PARKING \ a \ LANDSCAPED BED (MULCHED) \ Q CONCRETE w \ KITCHEN F� \ LOCKED GATE � \ � 0 � \\ CONCRETE TF ti92 PLAY AREA #87 \ \ C&' �0+ (PERVIOUS—BY OTHERS) VALVOLINE �F� - HANDICAP #3 FfL / O RAMP j \ \ / a (CONCRETE) �r6, / LANDSCAPED BED (MULCHED) \ / BITUMINOUS CONCRETE PARKING ANO \ O J ,y ft BITUMINOUS CONCRETE PARKING g / s'4[VAT1od M SITE PLAN 7 _ \ LANDSCAPING, MATERIALS & UTILITIES m \ a \ O for GRAPHIC SCALE •(� °°J0 THE SALVATION ARMY Yi � \ _ 10 0 5 10 ZO 10 tS� GE OF MASSACHUSETTS , INC . s \ �v v ��G for a site located at ( IN FEET , off #5 Waters 1 inch = 10 ft �\ N # 93- 95 North Street _ 0 LANDSCAPED BED (MULCHED) LANDSCAPING LEGEND Salem, Massachusetts a / \ b h Owner: The Salvation Army of Massachusetts, Inc. RE � 01 o BOTANICAL NAME COMMON NAME SSI #2 \ .� o0 147 Berkeley Street, Boston, MA 02116 TILIA CORDATA LITTLE LEAF LINDEN 3.5" CALIPER S0 ATF 6 4/23/03 ZBA APPLICATION (FOLLOWING NEIGHBORHHOD MEETING) Date: September 25, 2002 5 1/16/03 REVISED PER MEETING WITH ATTORNEY AND CLIENT Scale: 1" = 10' Sheet 2 of 3 OF MAssq SCOTT IAN Cy w 4 11/18/02 REVISED PER MEETING WITH CITY ENGINEER PLDE #02-07 PATROWICZ m RHODODENDRON CATAWBA RHODODENDRON (ALBA) 24" c,''' 3 11/6/02 REVISED PER MEETING WITH CITY ENGINEER o,336 6 2 10/20/02 REVISED LAYOUT PER ARCHITECT'S NEW BUILDING DESIGN PATROWICZ EUONYMUS ALATUS BURNING BUSH 24" LAND DEVELOPMENT ENGINEERING FFsro n " 1 9/25/02 REVISED LAYOUT PER TEAM MEETING 60 Washington Street, Salem, MA 01970 NO. DATE DESCRIPTION (978)745-2288 0 �fi es J CITGO "� / 14" N/F RICHARD BLAZO \% \�fit, MAP 26, LOT 391 Ilk 1443 99 _ >, S 4 it 12 SUN GARDEN x �.r v c z� \ u.,ein `.tree la uau #2 - a 14.15i RESTAURANT � , *mom / ^9 'Wstsr,. \ � N/F TVPISS / a �' / z up ' THE GIFT PALACEa MAP 26, LOT / e� O N/F M.B. REALTY TRUSTS MAP 26, LOT 64 `2 k' 10 - °� # /� / DEED BK.15084, PG.41 e \ i / ' i DEED BK.15144, PG.417 V mq A 'pp 90 N/F BATISTA a4: / ° fit i�� i os�a� / / �s #90 i4_.... .� fB� 4 vP c� A �w A x� MAP 26, LOT 341 V '� I;T/� A �f ° ,.,. / a ti _ N/F MERIT OIL _ a9Q 1418 ,19] ea � e i ,Ixoz / s ��A + a �AP 26. LOT 373 s i n � ` 9 �' - - - -- \ y tea] 9 y — QQH 4.55 �o �/ ! ,aax i i , A # padw m �e of `� W a wa 44 � _ �i one stc, N/F LENZI ens ' �� ° y".>e wo�s�-��- zfi �\ o *,xz] \V „a MAP 26, LOT 342 W w".03, ° OpW Oyu / uv +,4 ♦,16, ,..0. 1 \ y,.30 \ \ \ #95 0ST 9 9 Dag r 2 6 99 hLOCUS AREA — � �1W3r'�o'til \CJS.\ F 5 .O \ \ \ N 6,563tSF o,fid - 9z DEEDBK.6024PG.248,>38fi ee � f ee V % A:#3 IttsN F OSIRIS VITTINI ns t AP 26, LOT 141 \ ED BK.14293, PG.34012 nV y _ _.. _.. `�7y _ Pe/ ' 0� oeo _ •<Q ��. f ,Zl "' - s fin, =.r t 900. vat iJ 54A/4 y ]y\ „'s3 z p � Gj �; ,t,� \� \ / � ba ane.-7 hpr � (app��*/ = ae � -_ \ ] � mnn 9 D woos , .. # — ee y> V �. _ . . _ — = +,x3, F — 93 _ XI `'� "� _ «er invert el- appro.) = 6.0 A \ �zaa .,3..a - - ia9' ,. — - - - - - .066f SF �F�A °� A� LOCUS AREA 9 0 6 \ �s]Q�n A = MAP 26, LOT 93 �� V A 1rjl=1 / DEED BK.6024, PG. 248 ,n1 f� ,ams 5 Mason ti ^� •'� LOCUS AREA = 5,861±SF \ / a� � 6 �� MAP 26, LOT 65 DEED BK.5023, PG.49 I I 1365qf. V A PLAN 791 OF 1962 V13,1 09 � _ z/ cc 1157 ;x0 60 , It clf pavement - y?,93 hee ,l 12 Sp w9 v �'� #87 J2.67 l nM ' oz ,z.n 9 o a� first 9oor elevation = 14,54 VALVOLINE tle eida +w ate c f \yesr" �' ��� post m� easement floor elevation (CPPo:.) = 6.'� ��� + N/F JOHN B. & EUGENE VANDELL 3 _ # ��4 / �� l A <- MAP 26, LOT 61 iam DEED BK G 93 � � � "� 'N." ��� m� � 694. P .7 ,3), \ \ _ cc , ,.... _...__ _... a4 6 V. ) - b�a V PLAN 324 OF 1945 N/F MARTIN " as ti a'tPa �' �,A oP �� MAP 26, LOT 66 s4�e3 - N� 4e ,nz, z e,e07 qate ,.z7 y12.a2 9 ,z_. ; ,�..,, �g 9p -- _ ,.y O123. p Np 'If0 ,z„ A2 A [[" 12.12 � d„9 � dz.z, ,�. M.N�3 TP# p % 4LVA7t0 N cc ,�°3 SITE PL AN 21 9 p� N L EXISTING CONDITIONS „9) O g6"1 \\\YYY � o � pavement .43 for MN v , W \ THE SALVATION ARMY GRAPHIC SCALE . oa a ,a o 5 ,o za w eo up / IN C .\QOF MASSACHUSETTS O 6 n. ( , »]° #5 Waters f C for Q site located at IN FEET 6. c I inch = 10 ft. N/F JOSEPH A, JONES ° # 93- 95 North Street MAP 26, LOT 62 NOTES: In / \”°� DEED BK.6367, PG.233 Salem Massachusetts 1. PROPERTY LINE AND TOPOGRAPHY BY ACTUAL FIELD SURVEY PERFORMED BY / PLAN 51 OF 1946 �j 1 a� NORTH SHORE SURVEY CORPORATION FEBRUARY 2001, THROUGH SEPTEMBER, "`� +' 2002. Owner: The Salvation Army of Massachusetts, Inc. d #2 _:a 2. THIS PLAN IS BASED ON NGVD OF 1929. 4 9 147 Berkeley Street, Boston, MA 02116 3. PERMANENT BENCHMARK USED: TOP OF NUT, UNDER LETTER "G" ON N/F JOSEPH A. JONES n nI12 HYDRANT LOCATED THE THE SOUTHERLY CORNER OF FRANKLIN STREET AND MAP 26, LOT 70pi ti y R,• 6 4/23/03 ZBA APPLICATION (FOLLOWING NEIGHBORHOOD MEETING) Dote: September 25, 2002 ``H OF Mq NORTH STREET AS SHOWN ON PLAN ENTITLED: "CITY OF SALEM, MA., SEWERAGE - t ��"� f 5 1/16/03 REVISED PER MEETING WITH ATTORNEY AND CLIENT Scale: 1" = 10' Sheet 3 of 3 ��,P Ssyc IMPROVEMENTS, PHASE VI, NORTH STREET- SHEET 2, PREPARED BY C.E.MAGUIRE, \ \ \ 02 SCOTT IAN , [r1 4 11/18/02 REVISED PER MEETING WITH CITY ENGINEER PLDE #02-07 f PATI - INC. THE RECORD ELEVATION SHOWN ON THE C.E.MAQUIRE PLAN IS 18.08 (BASED d ON CITY OF SALEM MLW=0.0 DATUM). THIS ELEVATION WAS CONVERTED TO - °" o CIVIL ConNGVD BY SUBTRACTING 4.36, THUS THE ELEVATION OF THE BENCHMARK USED --- „6 �' ° 3 11/6/02 REVISED PER MEETING WITH CITY ENGINEER ;a PATROWICZ ON NGVD DATUM IS 13.72. „ ` 2 10/20/02 REVISED LAYOUT PER ARCHITECT'S NEW BUILDING DESIGN �- aaa LAND DEVELOPMENT ENGINEERING Ss/OaAeEN 0 4. LOCUS IS NOT LOCATED WITHIN A FEMA FLOOD HAZARD ZONE. 1 9/25/02 REVISED LAYOUT PER TEAM MEETING 60 Washington Street, Salem, MA 01970 5. LOCUS IS LOCATED WITHIN A B-1 ZONING DISTRICT. LOCUS IS PARTIALLY - \ NO. DATE DESCRIPTION (978)745-2288 LOCATED WITHIN THE ENTRANCE CORRIDOR OVERLAY DISTRICT. ,+ 1032 Q W 12 10 . li �n a n l Q - -r-- ' -- -tea Z m F8ff 11: ® a s wrm Mt HZ o ss Jr i �.: �-' •awe NORTH ELEVATION 8'-0" ASPHALT q SHINGLES u ' e '4 y BRICK ®®---- - ACID FIRM ©� a L n� 4 WOO TRIM BRICK O �p N N 'In = y N C d N BRICK o -- RIVER SSB a a A eo�a . � r4:.-.yy'e. n_..-y,,w�.l L 'r 9 y EAST ELEVATION L aZa �s 'Sg = C C; F o L a L j, \\ m 00 12 t5h �cL 0 7 Z `\\ V crCn E°r°F DDD WOOD SIDING ♦� N � I� ♦� �6I M 8 8B OEM o � SPII im x.�:,. �O © BRICK e BRICK Alt V1 SOUTH ELEVATION CC c O ASPHALT SHINGLES Vl Date 'w L w�D RG 8September 0 SIDING Chadadby scdo 1/8* = 1'�WOOD TRIM -0" 0 4 f7 N N N BRICK 4 ELEVATIONS A WEST ELEVATION A'3