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Legal Notice
1
CRY OF SALEM
BOARD OF APPEAL .
will hold a public hearing for all per-
sons interested in the petition submit-
ted by ATTORNEY MARY AIUBURN
seeking relief from off-street parking
{ regulations to allow an office use for
the premises for the property located
at 118 North Street B-1.Said hearing
Wit be held on Wednesday,December
20, 2006, 6:30 p.m., 3rd floor, 120
Washington Street,Room 313. m
Dee.7&13,2006 SI
Nina Cohen,Chairman iti
SN-12(7,12/13106 re'
j id
A
J }i i
osar CITY OF SALEM, MASSACHUSETTS
• BOARD OF APPEAL
120 WASHINGTON STREET. 3RD FLOOR
SALEM. MASSACHUSETTS 01970
TELEPHONE: 978.745-9595
FAX: 978-740-9846
KIMBERLEY DRISCOLL
MAYOR �-
January 10, 2007
Of�
Decision
Petition of David and Patricia King requesting a
Variance from off-street parking regulations
for the property at 118 North Street
City of Salem Zoning Board of Appeals
A public hearing on the above petition was opened on December 20, 2006 pursuant to
Massachusetts General Law Ch. 40A, Sec. 11. The following Zoning Board members
were present: Nina Cohen, Bonnie Belair, Steven Pinto, Elizabeth Debski and Robin
Stein.
The petitioners, David and Patricia King, sought a Variance from off-street parking
regulations to allow an office use for the property located at 118 North Street, Salem, in
the Business Neighborhood(B-1) zoning district.
The Board of Appeals, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the Petition submitted, makes the following
findings of fact:
1. The property at 118 North Street is an existing nonconforming residential use
within the B-1 zoning district. Petitioners seek to live in the house and to use
it for a professional medical office for psychological counseling.
2. The petitioner is requesting a variance from the City of Salem's Zoning
Ordinance, Section 7-3(g) requiring for professional offices, medical and
dental clinics that one (1) parking space be provided for each professional
person, plus one (1) space for each two (2) other employees, plus two (2)
additional spaces for each professional person in the case of medical or dental
clinics.
3. The petitioners have submitted an affidavit detailing terms of the proposed use
for the site that they offered to incorporate as conditions of the decision
(attached).
4. Petitioners stated that the proposed use as a counseling office would be
restricted to one therapist and one patient per hour, during regular working
hours only. One onsite parking place would be made available for use by
clients of the medical office.
5. Petitioners agreed that the business would employ no persons on site except
for the owner/residents.
6. Mary Woodcock, of Leslie's Retreat restaurant, opposed the petition, stating
that parking was very difficult in the vicinity, and that several businesses
share the available street parking. She asked that prospective clients be
notified not to park their vehicles in the Leslie's Retreat parking lot, which is
reserved for restaurant customers.
On the basis of the above findings of fact, including all evidence presented at the public
hearing, including, but not limited to, the Petition the Zoning Board of Appeals concludes
as follows:
1. The benefit resulting from the Variance request outweighs the detriment to the
public good as the proposed use will enable the property to have some use,
and the conditions attached to this variance will limit the medical use to only
one (1) patient at a time being seen by either petitioner.
2. The requested relief does not nullify or substantially derogate from the intent
or purpose of the zoning ordinance since the proposed use is an allowed use in
the B-1 Business Neighborhood District.
3. A literal enforcement of the zoning ordinance would create a substantial
hardship to the petitioner as there is no other way to meet the parking
requirements for this use.
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, Pinto, Debski, Stein, Belair) 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 n harmony with the existing
structure.
6. A Certificate of Occupancy is to be obtained.
7. Unless this decision expressly provides otherwise, any zoning relief granted does
not empower or authorize Petitioner to demolish or reconstruct the structures(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.
8. The site shall remain owner occupied.
9. The terms of the affidavit (attached) are hereby incorporated into this decision as
further conditions to the granting of this Variance.
10. The petitioners shall only see one patient at a time between the two of them.
-X" C0._ XA
Nina Cohen
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.
41/17/09 11:54 FAX 7912490492 LIX_0 a ASSOC PC
... . .� 0002
11/17/2009 11:45 FAX 4417344 ST MARYS CMRC ®002
Affidavit
We,RICHARD W. CAPRON and CLAIRE P. CAPRON of Schenectady,New York, do
under-oath depose and sty as follows:
1. We are the prospective buyers of the land, with the buildings thereon, situated at
118 Nortb Street,Salem,Massachusetts(the"Premises').
z, we an beth lieensed and plaeticing psychotherapists.
3. We intend to we one room of tha Premise$ as a profeasional office in which to
conduct o a psychotherapy practices.
4. Only one of us will use the office at the Premises at a particular tints, to see one
patient at a time.
5. We do not intend to omploy any clerical,office or professional staff to assist us in
our psychotherapy pmdres.
Signed under the penalties of perjury on I l 1 6 O(7
Rl/CHARD W.CAPRON CLAIRE P. CAPRO
11/17/08 11:54 FAX 7812480482 LIWO & ASSOC PC
I1/17/2o0B 11:45 FAE 84173440002
ST MARYS We 9002
AI j`idavit
We,RICHARD W. CAPRON and CLAIRE P. CAPRON of Schenectady,New York, do
Under•oath depost: and say as follows:
1. We are the prospective buyers of the lend, with the buildings thereon, situated at
118 Nortb Street,Salem, Massachusetts(the"Premises").
2. We are beth licensed and practicing psychotherapists.
3. We intend to use one xoom of the Premises as a professional office in which to
conduct om psychotherapy practices.
4. Only one of us will use the office at the Premises at a particular time, to see one
patient at a time.
5. We do not intend to omploy any clerical, office or professional staff to assist us in
our psych otherapy practices.
Signed under the penalties of perjury on I i DID
"1`raARD W. CAPRON CLAIRE P. CAPRO
N/F
LUKE W. &
MONIQUE BUXTON
MAP 26 LOT 315 �
"1 CERTIF`b THAT THE BUILDING
IS LOCATED
AS SHOWN."
RALPH W. REID P.L.S.
APPROX. LOCATION OF
OF WOOD STOCKADE FENCE
3403±S.F. / NOTE: THIS PLAN WAS PREPARED FROM A
N/F n ASSESSED / TAPE SURVEY AND PLANS & DEEDS OF RECORD.
JAMES MORIARTY
MAP 26 LOT 397 z 7.t
1'6" C
z B N/F
STEVE POLEMENAKOS
MAP 26
UNEt LOT 399
GRAPHIC SCALE
2 1/2 STORY 1 STORY
i VINYL SIDED MASONRY m o 10 20 a a
/116 /116 & /114
2 STORY
WOOD n 5 IN 1?SLtl )
/120 9. EXISTING 9'X16' 1 inch = 20 1L
PARKING AREA
SALEM , MASSACHUSETTS
42.5' PLAN OF LAND PREPARED FOR:
EXISTING CONC.
uwN culla
DAVID J. &
%OFPATRICIA A. KING
118 NORTH STREET 11� 118 NORTH STREET
REID
MAP 26 LOT 398
4
REID LAND SURVEYORS
DEED REFERENCE: 365 CHATHAM STREET L
BOOK 21052 PAGE 399 (lacus) LYNN, MASSACHUSETTS
BOOK 20258 PAGE 278 (abutter)
PLAN REFERENCE: R06-265
PLAN 931 OF 1948 LTS DATE: NOV. 15, 2006 SCALE: 1 "=20'