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115 NORTH STREET - ZBA D 115 NORTH STREEx V I � wW,a. ...cue rux•t ne for>� Legal Notice ECr1Y OF SALEM 1 BOARD OF APPEAL 745.9595 Ext.361 Will hold a public hearing for all persons interested in the petition sub- mitted by CHRISTOPER ZORZY requesting a Variance from rear yard ' setback and Variance from lot width to I i construct a 50'x 40'steel building for , the property located at 115 NORTH STREET B-1. Said hearing will be held on WEDNESDAY,JANUARY 19, 2005,6:30 P.M., 120 WASHINGTON STREET,3RD FLOOR,ROOM 313. Nina Cohen �+ Chairman (1/5,12) CITY OF SALEM9 MASSACHUSETTS Ci 't C:F !;LEI, MA " CLERK'S OFFICE BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 ) � STANLEY J. LISOVICZ, JR. TELEPHONE: 978-745-9595 111p05 JAN 2b Q 10' 5� MAYOR FAX: 978-740-9846 DECISION ON THE PETITION OF CHRISTOPHER ZORZY REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 115 NORTH STREET B-1 A hearing on this petition was held on January 19, 2005 with the following Board Members present;Nina Cohen Chairman,Richard Dionne,Edward Moriarty and Steven Pint.-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. The petitioner is requesting a Variance from rear yard setback(10 feet)and a Variance from lot width(58'19")to construct a 50' x 40' steel building for the property at 115 North Street located in a B-1 zone. The Variances,which have been requested, may be granted upon a finding by this 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 structures 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 the 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 plane,makes the following findings of fact: f 1. The Petitioner,Christopher Zorzy appeared and represented himself at the hearing. 2. Mr. Zorzy is the owner of A&A Services at 115 North Street in Salem. 3. The Petitioner states that the building height will not be any higher than 27 feet nor will it contain heat or water. Petitioner further states that he will plant trees to enhance appearance. 4. Petitioner stated that his business has grown and needs the additional space to store equipment that is used for his business. 5. Mr. Dick Goldberg, an abutter and Mr. Bruce Weir spoke in favor of this petition. DECISION OF THE PETITION OF CHRISTOPHER ZORZYREQ UESTING A VARIANCE FOR THE PROPERTY LOCATED AT 115 NORTH STREET B-1 page two 6. Mr. Staley McDermitt spoke in opposition with concerns about fiftre business. 7. The Petitioner would like to construct a 50' x 40' steel building at the rear of his property. 8. Plans were submitted showing the proposed steel building. On the basis of the above findings of fact, and on,the evidence presented the Board of Appeals finds as follows; 1. Special conditions exist when especially affect the subject property but not he District. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioner. 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 4 in favor and 0 in opposition to grant the Variances requested, subject to the following conditions: 1. Petitioner shall comply with all city and state stature, ordinance, codes and regulations. 2. All construction shall be done as per the plans submitted 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. The rear building shall remain an accessory use to the primary use of the property on North Street. Variance Granted January 19, 2005 Richard Dionne Board of Appeal DECISION OF THE PETITION OF CHRISTOPHER ZORZY REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 115 NORTH STREET B-1 page three 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 date of filing of this decision in the office of the City Clerk Pursuant to Massachusetts General Laws Chapter40A,_Sectioa_1.1,_the Variance_or_Special_Permit_gmnted_berein_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 ZONING DISTRICT — BUSINESS B1 ASSESSOR'S MAP 26 REQUIRED PROPOSED LOT 363 GARAGE / JOSEPH F. & JUDITH A. MURPHY / FRONT 15' 18 BUFFUM STREET -- / p � N2 SIDE 10' 10' MAP 26 2 / g?6 LOT 362 REAR 30' 10' /Q ` g7 28a ANNA H. /a NICHOLSON 22 BUFFUM NOTES: STREET — LOT COVERAGE = 31% / Qe o' 3 /17 PROPOSED GARAGE gco v ASSESSOR'S MAP 26 SHELL 348OIL CO. ASSESSOR'S MAP 26 111 NORTH STREET (2 LOT 350 /EXISTING / GARAGE / (TO BE 10 / —AREA— REMOVED) J / © / 11,5541 S.F. n / tz ASSESSOR'S MAP 26 / \ LOT 351 RBG REALTY TRUST l gRjr�0 13 117 NORTH STREET ,g. a/ 3 STORY GAIL N/ ��Ea�ZH Of ldgssac� � N fpm o U. ry DWELLING/. �o \� MITH COMMERCIAL U No 35043 BLDG. 2.6' �o hO Q� �SS�roaLLneos°a PLOT PLAN OF LAND PROPERTY OF S8 9?gF2= CHRISTOPHER ZORZY, TRUSTEE OF THE OR115 NORTH STREET SALEM REALTY TRUST T,y #115 � 115 NORTH STREET SALEM, MA SCALE 1" = 20' DECEMBER 2, 2004 ;; C= NORTH SHORE SURVEY CORPORATION F� 47 LINDEN ST., SALEM, MA #967 (t�itq of . $Ujrm, ussttcllusetts a �nar� of �1}r}reul CITY OF (;`ALFM. DECISION ON THE PETITION OF CHRISTOPHER ZORZY CCFRK'S FOR A VARIANCE AT 115 NORTH STREET (B-1) A hearing on this petition was held September 21, 1994 with the following Board Members present: Stephen Touchette, Chairman; Gary Barrett, Stephen O'Grady, Nina Cohen and Albert Hill. 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. Petitioners, the prospective owners of the property, are requesting a use Variance to permit the street level of the structure located at 115 North Street to be used as an office, showroom for windows and siding and for storage of carpentry materials in a B-1 zone. The Variances which have been requested may be granted upon a finding by this Board that: I. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings and structures involved. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioners. 3. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the 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 of fact: following findings 1. There was no opposition to the requested variance. 2. The premises is currently being used as a retail establishment for the display and sales of televisions. 3. There will be no warehousing storage of materials on the property. 4. There will be no carpentry work performed on the property. 5. The proposed use would be similar in nature to the use currently on site. 6. The surrounding area have retail establishments of substantially the same nature as the proposed use, and the proposed use would be in keeping with the neighborhood. CLERK'S C FICA §S DECISION ON THE PETITION OF CHRISTOPHER ZORZY FOR VARIANCES AT 115 NORTH STREET, SALEM page two 7. The property has the benefit of off street parking. OCT S 9 4i dN '9�1 8. The petitioners intends to repair the exterior facade of the CITY OF ` ^•'{. HgSS OFFICE On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: 1. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioners. 2. The requested 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 unanimously, 5-0 to grant the variances requested, subject to the following conditions: I. 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. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. A building permit is to be obtained prior to beginning any construction. 5. A Certificate of Occupancy is to be obtained. 6. Exterior finishes of the new construction shall be in harmony with the existing structure. 7. A Certificate of Inspection is to be obtained. S. Petitioner shall pave the driveway and parking lot of the subject property. 9. Petitioner is to obtain approval from any City Board or commission having jurisdiction including, but not limited to the Planning Board, and its Entrance Corridor Overlay District Sign committee for approval of any and all signage to be displayed on the property. DECISION OF THE PETITION OF CHRISTOPHER ZORZY FOR VARIANCES AT 115 NORTH STREET, SALEM page three Variances Granted September 21, 1994 Wa '9tl Gary M. Barrett, Vice Chairman 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 STORAGE FACILITY SIGN UP SHEET NAME ADDRESS PHONE r -��g ill A)cpg-i—N '-,-v c - A7 � . '.Yi Yd49 �« . -236[J� A & A Services, Inc.4 115 NORTH STREET SALEM, MA 01970 . TELEPHONE: 978-741-0424 www.a-aservices.com December 13, 2004 To Whom It May Concern: 1, Christopher Zorzy, owner of A & A Services, Inc. purchased 115 North Street, Salem, Nlassachusetts'in 1994. The,services my company offers include painting, siding,windows, sunrooms, and decks. The business has shown, steady growth over the last ten years and, as such, I am,finding we are, outgrowing our location. Finding storage.for products and equipment is becoming more difficult. In assessing the property,.) believe I have worked outer solution that will benefit all the abutting properties and solve my storage needs. I would like to "erect a new, larger garage to replace the existing garage. . However, I need to address the B1 Zoning rule which requires a Rear'Set- Back Rule of 30 feet. I am requesting,a 10_foot set-back. The rules state'a 60 foot frontage and our"frontage is 58'19". The width of the lot where the proposed building will go`is"81'33''. All other requirements for the B1 Zoning rule are met. By allowing us the rear 10.foot set=back, our equipment will no longer be " visible to our neighbors and it will increase off-street parking. I will remove our current 3 '/z bay (42'X20') garage and erecta 50'X40' steel garage. The.height will be 27 feet and there will be no water or heat in the new garage...I will plant trees along the back to help beautify the backside. This will-help all abutters by having all construction equipment under a roof where it will no longer be visible to some and it will almost completely block the view of North Street for others.• In conclusion, I really enjoy having my business,located in Salem"and' would like to remain at this location indefinitely. Thank you for taking the time to consider this request. I look forward to hearing from you. Sinc ely, Christo her Zdrz Y President PAINTING r DELEADING • CARPENTRY -SIDING • WINDOW REPLACEMENT • SUNROOMS