121 NORTH STREET - ZBA 121 Jar-�'h �fi—�I
� f
� f
Zoning Board Proiect Status Sheet
Address & Applicant: l21 IN off. S4' Alp" Ayw(, j�z�
Date Submitted to BOA:
r3/Clerk Stamp: 4 A-4 /201.4
Variances Only - Constructive Approval Date: (too d.ty,frown ming)
ra--Abutters List Requested:
rg-'Abutters Notice Sent:
❑'Notice to Abutting Cities & Towns, Councillors:
e- Legal Notice posted at City Hall: (14 days before rneeling)
cq�- Legal Notice Emailed & Confirmed:
m--'Legal Notice Posted on Web:
a�Agenda to Applicant:
Applicant's email address or fax number to send agenda:
Opened at Meeting: 5/Z( /zo k4
Continued Meetings:
Extension Form(s) Signed & Clerk Stamped?
Closed at Meeting: 5/21 11'Zo(¢
Decision: Aw
Decision Filed: AoZ I Appeal Period Over: -1/1 A 4- (21"day
after decision filed)'
e - Decision Sent to Applicant: l l o
Notice of Decision Sent to abutters, cities and towns,
councillors:
6
CITY OF SALEM, MASSACHUSETTS
�a a BOARD OF APPEAL
15 .\ 1 n
y
120kV\SI IM,WN S'CRD,1<I' 1j.\H:A1, \I\S' \V I IUSN:I'1'ti UI97(� C
hl\1i41.Ri.P.1 D$1Sf.U1.1. 1'hf.F.:973-7-15-9i9i 1 F\x.978-7-P)--9846 X 2
\I
June 10, 2014
Decision ,� w
n O
City of Salem Board of Appeals
Petition of ALPHA ANALYTICAL, requesting a Special Permit per Sec. 3.1 Principal Uses of the
Salem"Zoning Ordinance, to allow the operation of a medical clinic providing analytical testing, and
requesting a variance from the provisions of Section 5.1.8 Table afRequired Parking Spaces of the
Salem Zoning Ordinance,to allow fewer than the requited number of off-street parking spaces, at
the property located at 121 NORTH STREET (Bi Zoning District).
A public hearing on the above Petition was opened on May 21, 2014 pursuant to hf.G.L Ch. 40A, 11. The
hearing was closed on that date with the following Salem Board of r\ppeats members present: GIs. Harris
(acting Chair), 'Mr. Dionne, Mr. Duffy, Mr. Watkins, and Mr. Copelas (Alternate).
The Petitioner seeks a Special Permit per Section 3.1 Principal Uses of the Salem Zoning Ordinance, and a
Variance from the provisions of Section 5.1.8 Table of Requiird Puking Spares of the Salem Zoning Ordinance.
Statements of fact:
1. In the petition date-stamped April 17, 2014, the Petitioner requested a Special Permit to allow the
operation of a medical clinic providing analytical testing, and a Variance to allow fever than the
required number of off-street parking spaces.
2. Mr. Eugene Shehu, petitioner, presents the application for 121 North Street.
3. The facility would be conducting analytical drug testing of samples.
4, 'There would be no walk-in customers, as samples would be delivered by car.
5. There would be two to three employees, in addition to Mr. Shelia.
6. The business would operate during normal business hours — Monday through Friday, 9:00am to
5:00pm.
7. ''here is currenth one legal off-street parking space on the site.
8. There may be adequate room on the site for an additional tandem parking space. Tandem parking
Spaces are not considered a legal spice under the Salem Zoning Ordinance, but if the additional space
is feasible, it could potentially alleviate the practical need for on-street parking.
9. The requested relief, if granted, would allow the Petitioner to unlize the e�isting commercial ,pace as
a medcal clime providing anakncal testing, and to provide one off-street parking space rather than
the two off-street parking spaces required by the Salem Zoning Ordinance.
10. :\t the public hearing one member of the public expressed their concern about granting relief from
the off-street parking; requirements, staring that North Street is a bus\. street.
/I
City of Salem Board of Appeals
June 10, 2014
Project: 121 North Street
Page 2 of 3
The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and
after thorough review of the petition, including the application narrative and plans, and the Pcutioner's
presentation and public testimony, makes the following; findings that the proposed project meets the
provisions of the City of Salem Zoning Ordinance:
Findings — Variance from the provisions of Section 5.1.8 Table of Required Parking Spaces
1. The size and configuration of the existing lot does not allow for the creation of two off-street parking
spaces that are in conformance with the provisions of the Off-Street Parking section of the Salem
Zoning Ordinance. Literal enforcement of the provisions of the Salem Zoning Ordinance would
create a substantial hardship.
2. The desired relief may be granted without substantial detriment to the public good, particularly as the
conditions placed upon the approval seek to limit the impact of the variance.
3. The desired relief may be granted without nullifying or Substantially derogating from the intent or
purpose of the City of Salem Zoning Ordinance, as converting the property from a commercial use to
a residential use is more in keeping with the character of the neighborhood.
Findings — Special Permit allow the operation of a medical clinic providing analytical testing
1. The proposed use will not be more detrimental than the current use.
2. The proposal serves a community need, as it will provide testing required by the courts and other
businesses local to Salem and the area.
3. The Board is addressing the parking issues with the conditions set upon the approval.
4. The utilities and public services to the building will be adequate.
5. There are no significant negative unpacts on the natural environment, including view.
G. The proposal will have a positive economic and fiscal impact.
On the basis of the above statements of facts and findings, the Salem Board of Appeals toted five (5) in favor
(DIr. Watkins, 1YIs. Harris, Mr. Dionne, Mr. Copelas, and Nit. Duffy in favor) and none (0), to grant the
requested Variance to grant relief from the off-street parking requirements and the requested Special Permit
to allow the operation of a medical clinic providing analytical testing, Subject to the following terms,
conditions, and safeguards:
L The Petitioner shall comply with all city and state statutes,ordinances, codes and regulations.
�. 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 Dire Department relative to smoke and fire safety shall be strictly
adhered to.
4. Petitioner shall obtain a building permit prior to beginning anv construction.
5. Exterior finishes of new construction shall be in harmony with the existing structure.
G. A Certificate of Occupancy is to be obtained.
7. A Certificate of Inspection is to be obtained.
/ 1
City of Salem Board of Appeals
June 10, 2014
Project: 121 North Street
Page 3 of 3
S. petitioner is to obtain approval from any City Board or Commission haying jurischction including, hilt
not limited to, the Planing Board.
9. The petitioner shall provide two (2) parking spaces on the property if feasible
10. The maximum number of employees worlung at one time shall be limited to three (3).
1 L The applicant shall have to petition the Board for a modification to the Special permit to order to
have more employees workuig at one time
12. There shall be no walk-in clients.
Annic Harris, Acting Chair
Board of Appeals
A COPY OF THIS DECISION H_1S BEEN FILED WITFI THE: PL.-ANN[NG BOARD AND THE CPR"CLERK
Appeallimn tbrs deet.iion, y any, rball be maele punuanl to Seelion /7 o%the;kkwac'hruells Genera/Lams 0apler 40A, and shall be filed mrdntr 20
tki)sr o/filing of lbi.r de<i,mn in the oflire o%lbe Cih, Clerk. Pursnant to the Massarbu ells General I1nur Chap/er 40A, Section /1, /he 6'wiame or
Speaal Peniuigreurled burin shall nol take e/P,/unhl a topy of The derision beating the teRilhale erl the Cih,Clerk hail been filed wilh the G.�.�ev 4wdh
Registry of Deeds.
F' 9
ZBA ACTION FORM
BOARD MEMBERS':. .: '. .MOTION SECOND I VOTE �
Date:
517, I /Z�D k 4
Rebecca Curran (Chair) I �*W*
Richard Dionne I IY X I y
Petitioner: /� V1 I Mike Duffy X y
`1C 4�� Annie Harris v �[
Address: Z N o /t� S}v-� Tom Watkins
David Eppley(Alt.)
Jimmy Tsitsinos (Alt.)
PI6r fopt6s Y/ Total: �— 0
Conditions:
Petitioner shall comply with all city and state statutes, ordinances, codes and regulations.
®All constriction shall be done as per the plans and dimensions submitted to and approved by the Building
Commissioner.
® All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to.
❑� Petitioner shall obtain a building permit prior to beginning any construction.
Exterior finishes of the new construction shall be in harmony with the existing structure.
A Certificate of Occupancy is to be obtained.
A Certificate of Inspection is to be obtained.
❑ 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.
UI Petitioner is to obtain approval from any City Board or Commission having jurisdiction including,but not
limited to, the Planning Board.
❑ 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.
�P cr Yit ptl--W
El X
d E�p�o14 PPS /M;yle� �o f��ee �mP'0h Or 4 /1 D 4,e