Loading...
47 OCEAN AVENUE - ZBA (2) -Now, 47 OCEAN AVENUE ` [any" COVELLUZZI ` 0 91ty of 'SttlPm, ttssttcljusetts 3 e4.. Paurb of : {Ppenl MiT 21 6 3b Oji 153 Cr ur `l.; MASS DECISION OF THE PETITION OF ANDREW COVELLUZZI REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 47 OCEAN AVENUE (R-3) A hearing on this petition was held May 20, 1998 with the following Board members present: Nina Cohen, Paul Valaskagis, Michael Ward, Ronald Harrison and Stephen Buczko. 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. Petitioner requests a Variances on use and parking to allow a Hair, Nails & Skin Care Salon for the property located at 47 Ocean Avenue. The Variance which has been requested may be granted upon a finding of this Board that: 1 . Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other land, buildings, or structures in the same district. 2 . Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 3. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogation from the intent of the district or the purpose of the Ordinance. The Board of Appeal , after careful considerations the evidence presented at the hearing, makes the following findings of fact: i . Petitioner , Andrew Covelluzzi, a prospective buyer of the property was represented by Attorney George W. Atkins of Salem. 2 . The petitioner seeks a variance from the use provisions and parking provisions of the Zoning Ordinance to allow for use of the building as a hair, nails and skin care salon. 3 . The subject property is located at 47 Ocean Avenue at the corner of Ocean Avenue and Lafayette Street in a R-3 district and within the Lafavette Street Historic District. in 1986, the Zoning Board of Appeal granted a Special Permit to allow the premises to be used for professional offices; however, the building was never occupied. i . The petitioner has maintained and operated a salon on Essex Street in Salem for the past 14 years. 6 . The operating hours of business will be restricted to 8;00 a.m. to 8:00 p.m. , Monday through Thursday and 8:00 a.m. to 6:00 p.m. , Friday and Saturday. 7 . Client services will be provided by appointment only and no "walk-in" services will be provided. DECISION ON THE PETITION OF ANDREW COVELLLUZZI REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 47 OCEAN AVENUE R-3 page two 8. No tanning beds will be operated on the premises . 9 . No toxic chemicals will be used on the premises. 10. No more than 10 employees will be located on the premises . 11 . The petitioner will be an on-site owner operator. 12. The existing parking and landscaping will be maintained and the exterior of the building will remain unchanged subject to any required repairs approved by the Historic District Commission. 13. The petitioner is negotiating with Andrew J. Baungatner, Executive Director, United Cerebral Palsy Association of the North Shore, to obtain parking for his employees at the United Cerebral Palsy Association of the North Shore's parking lot on Lafayette Street. 14. It was represented that the petitioner had meet with neighbors to ' discuss the proposed use of the property and had invited the neighbors to visit his Essex Street Salon. 15. No opposition to the petition was presented. 16 . A letter in support of the petition was submitted by Florence LeGoff of 255 Lafayette Street. 17 . Speaking in favor of the petition was Ward 5 Councillor William Kelley, Patricia Kessler, 284 Lafayette St, David Goggin, 9 Wisteria Street, and Anthony Gattineri, owner of the California Olive oil Company of 134 Canal Street. On the basis of the above findings of fact, and on the evidence presented at the hearings, the Board of Appeal concludes as follows: 1 . Special conditions exist which especially affect the subject property and not the district in general . 2 . Literal enforcement of the provisions of the Zoning Ordinance would involve substation hardship to the petitioner. 3 . Desirable relief can be granted without substantial detriment to public good and without nullifying and substantially derogating from the intent of the district or purpose of the Ordinance. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant the variance 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 dimensions submitted. DECISION OF THE PETITION OF ANDREW COVELLUZZI REQUESTING A VARIANCE r FOR THE PROPERTY LOCATED AT 47 OCEAN AVENUE R-3 page three 3 . All requirements of the Salem Fire Department relative to smoke and safety shall be strictly adhered to. A Certificate of Occupancy is to be obtained. 5 . Petitioner shall obtain a building permit prior to beginning any construction. 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 is to obtain approval from any City Board of Commission having jurisdiction including, but not limited to, the Planning Board and Historic Commission. 9 . Three on-site parking space shall be maintained. 10. No more than ten employees. 11 . Front lawn area facing Lafayette Street be maintained as a lawn with with appropriate planting and under no circumstances shall parking be allowed on this area. 12 . Character of the exterior of the building not to be changed. Variance Granted �'.3V 20 , 1998 Stephen Buczko, Member Board of Appeal ;. 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 DATE OF HEARING / l PETITIONER ' U LOCATION MOTION: TO GRANT SECOND AMENDMENT SECOND TO DENY SECOND TO RE-HEAR SECOND WITHDRAW SECOND CONTINUE SECOND ROLL CALL PRESENT GRAN DENY AMEND WITHDRAW RE-HEAR CONTINUE NINA V. COHEN- IN.ICHAEL WARD RONALD HARRISON STEPHEN BUCZKO iz RICHARD DIONNE ASSOCIATE MEMBERS PAUL VALASKATGIS CONDITIONS: a (b\,T +- l Mal M W. I lkM!jl• : i+ \�vi- m MVA W • I . � MAIN AJLVJWAr4WMIMW��� r, • La IDIOM �j --4-T f r 14 1 ,,r , •' i - 'id r f ' r e � LJCMUNITED 103 Johnson Street CEREBRAL Lynn,MA 01902-4098 PALSY (781)593-2727 ASSOCIATION OF THE NORTH SHORE, INC. (978)532-2727 FAX(781)593-2542 May 20, 1998 Mr. George W. Atkins, 111 Ronan, Segal and Harrington Attorneys At Law 59 Federal Street Salem, MA. 01970-3470 Dear Mr. Atkins: On behalf of the United Cerebral Palsy Association of the North Shore, Inc., I am happy to offer your client, Mr. Andrew Covelluzzi, fives parking spaces at our building located at 275 Lafayette Street in Salem. Parking will be limited to Mr. Covelluzzi's employees and will be subject to our rules and regulations regarding parking privileges. United Cerebral Palsy Association of the North Shore would require a waiver of liability from Mr. Covelluzzi's business as well as from each employee who plans to use our parking lot. Of course, special care must be maintained to protect and life and safety of our children in the parking lot. I am happy that we have the opportunity to be good neighbor to Mr. Covelluzzi and his employees. This agreement is subject to the approval from my Board of Directors. Please call me if you need further inform tion or clam tion of this letter. In ndrew J. B umgartner Executive erector faxed: (978) 744-7493 cc: Kirk Bransfield RONAN, SEGAL & HARRINGTON ATTORNEYS AT LAW FIFTY-NINE FEDERAL STREET JAMES T.RONAN(1971-1987) SALEM,MASSACHUSETTS 01970-3470 JACOB S.SEGAL MARY PIEMONTE HARRINGTON (978)744-0350 GEORGE W.ATKINS,III BRIAN P.CASSIDY FAX(978)7447493 FILE NO. e ii36— OF COUNSEL HEATHER S.RAMSEY April 23 , 1998 ATTN: Sally Murtagh Zoning Board of Appeals City of Salem One Salem Green Salem, MA 01970 RE : 47 Ocean Avenue, Salem, MA Dear Ms . Murtagh: Enclosed for filing with regard to the above-captioned location is a petition in triplicate and filing fee checks totalling $208 . 26 . Please see to assignment of this matter to the Board' s agenda for the meeting of May 20 , 1998 . Aeorge yo kins, III kI 11 9- En - closures n. LILA cb' Andrew Covelluzzi C9 - L0-1 dlOS AAFAl(TTf :6TRffT /'ME711601S7 242 LAF)Wj7 rt STAtfT MAP S3 10 Lo'i 101 SEAp i; TOkINSQJD IF 49 OLfAN 1nI - AVLNU£ W , C 119 9 1i H? 0 r W � H o trop AARern1G �� MRP 33 T L0T NOb 9' �Q R= 7,IyDtSF 1 = Q 1 all OCEAN AVENUE , L. rm g SMITH N - Nc.35043 mF PLOT PLAN OF I ND F�S�°wat�nrrc�3aw LOCATED I { SALEM REFERENCE: DEED : REC. SK. 8301 pg. A190 PREPARED FOR PLAN : BK '1418 Pb I ANDREW COV E L UZ Z 1 I CERTIFY THAT THE BUILDING N)__ SCALE: I On-? MAy 7, TToOtUND , l898 HEREON ARE LOCATED ON THE �� NWTH g{ORE SURVEY CORPORATION AS SHONN. n -/ 47 LINDEN STREET SALE M,YA. �DAI /TIES 113q M9P 3 3 tot HOS LAFAUTTE STafgT M£TN60157 tqt ZAFAk7 rt SThEET MAP S3 LoT .44Dq MAO : TOW&lsWL }— 49 041AA1 W — , 119 y. 9, o. o. 1149 W t HctroR I . pARtll./ 6 WMap 3 3 0I LoT Nob 9 R= 7, ItiDtS.F. 1 J II OCEAN AVE NUF, yNOFa0 , PLOT PLAN OF LAND GAIL `'` +, LOCATED IN SMITH REFERENCE: Nc.35043 f9tEPARED FOR DEED : REC. BK. 5301 PG. A190 �o���gFGr ��p �a r PLAN : SK 1416 ft 'I. AMDREW coVELUZZ I I CERTIFY THAT THE BUILDING(S) s�O"�L LANQS SLE Is--410 M Ay 7, 1998 HEREON ARE LOCATED ON THE GROUND AS SHONN. STH SHORE SURVEY COAPTATION S 7 q� 47 LINDEN STREET - SALEM,MA. - } 1139 •w DATE:.............Apri1..2.1.,...1.9.98....... . APPEAL CASE NO.... ............. .. .. 9' 0 CITY OF SALEM, MASSACHUSETTS TO THE BOARD OF APPEALS: The Undersigned represent that he is are the Owners of a certain parcel of land located at No. 47 Ocean Avenue, , , , , , , , , , , , , , , , , , ; Zoning District. . R-3 ; and said Parcel is affected by Section(s) .572�c) , . aed 7-3 , , , , , , , , ; of the Salem Zoning Ordinance x:tc anc(x0. . . . afxtkaxMasBmxbmvttsxEtateKAutld&M>6odo6 Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A.1 of the Zoning Ordinance. F- Direct Appeal Uj H C) l T 0 r � n CD QD The Application for Permit was denied by the Inspector of Buildizigs for the following reasons: Direct Appeal The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance adAaaxkkaxRxi4A4mgx£ ex�ntkc�x ktP4cx� is gstxkR aeecz4:ksec�5xxR� fcxfc4lx]13tixaBxafSE:l > as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially dero- gating from the intent and purpose of the Zoning Ordinance and Building Code for the following reasons: See Attached South Branch Realty Trust Owner. . , Thomas, Ford,_ Trustee, . , , . Address. 118 Tenney. St.. Georgetown, MA Telephone. . . . . . . . . . . . . . . . Petitioner Andrew Covelluzzi c/o Andrew Michaels Hair Studio Address. , _127 Essex St: , Salem) MA 01970 Date April 23., 1998 Telepho e. 97 .745-65 , , , _ , Y orge W. At ns, 78-744-0350 Three copies of the application must be filed with the Secre ary of the Board of Appeals with a check, for advertising in the amount of $ . . . . . . . . . . . . . four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. Variances are requested from use provisions and parking provisions of the Ordinance to allow for use of the building as a hair, nails, and skin care salon. Services to be provided will include customary hairdressing, manicures and pedicures, and facial skin care treatments . No more than ten (10) employees will be located on the premises . The salon will be closed on Sundays, and operating hours will be restricted to 8 a.m. to 8 p.m. , Monday through Thursday and 8 a.m. to 6 p.m. , Friday and Saturday. All clients will arrange for services by appointment only and no "walk-in" service will be provided. Existing parking and landscaping will be maintained and the exterior of the building will remain unchanged subject to any required repairs approved by the Historic District Commission. The structure is unique in view of its architecture, its location within the Lafayette Street Historic District, and its prior use as a branch library. These unique qualities create special conditions and circumstances which especially affect this lot and building but do not affect other lands and buildings in the district . Conversion of the use of the structure from a public library to an economically viable commercial use has, to the present time, been unsuccessful despite considerable rehabilitation of the structure . Approval of the variances and sale of the land and building will allow for a compatible and economic use of the building. Literal enforcement of the Ordinance will, on the other hand, continue vacancy of the building and impose substantial hardship on the owner. Petitioner currently maintains a salon on Essex Street in Salem where he has operated for 14 years . Upon approval of the required variances, petitioner will purchase the land and building from the current owner. Operation of a hair salon by an on-site owner- operator who is a longstanding business owner in Salem of excellent reputation will insure future operation and maintenance compatible with the neighborhood and responsive to neighborhood concerns . Thus, the variances can be granted without substantial detriment to the neighborhood. I L DATE:..........:Apri1..U,...1.998... ... . wY� . . APPEAL CASE NO.... ............. .. .. e e CITY OF SALEM, MASSACHUSETTS TO THE BOARD OF APPEALS: The Undersigned represent that he is are the Owners of a certain parcel of land located at No. , 47 Oceag Avenpe, ; Zoning District. . R-3 , , , , , , , , , ; and•said Parcel is affected by Section(s).572fc) _ , • and 7-3 - , , ; of the Salem Zoning Ordinance mmd(anucaGeooncbsc)• - - ms fxshaxMasmch�s�tmfit bE%As�dd W Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A.1 of the Zoning Ordinance. o m Direct Appeal - � N C•s O W x on u, ._ a 01 u' v J car: The Application for Permit was denied by the Inspector of Buildings for the following reasons: Direct Appeal The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance andaaxBkaxBxif3d$ng c£odc o�cihflt3ic4Rmzx&� d8sxk� ampaa�ecltflc3cd4c1§tAtxxRekckxf�4txkkixa$x3� as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially dero- gating from the intent and purpose of the Zoning Ordinance and Building Code for the following reasons: See Attached South Branch Realty Trust Owner. . , Thomas. Ford,. Trustee, . . . • Address. 118 Tenney St.: Georgetown= MA Telephone. . . . . . . . . . . . . . Petitioner Andrew Covelluzzi c/o Andrew Michaels Hair Studio Address. 127 Essex St. Salem, M. 01970 Date April 23: 1998 Telepho e. 97 .745-65 Y orge W. At ns, 78-744-0350 Three copies of the application must be filed th the Secre ary of the Board of Appeals with a check, for advertising in the amount of $ . . . . . . . . . . . . . four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. Variances are requested from use provisions and parking provisions of the Ordinance to all,ow.for use of the building as a hair, nails, and skin care salon. Services .to be provided will include customary hairdressing, manicures and pedicures, and facial skin care treatments . No more than ten (10) employees will be located on the premises. The salon will be closed on Sundays, and operating hours will be restricted to 8 a.m. to 8 p.m. , Monday through. Thursday and 8 a.m. to 6 p.m. , Friday and Saturday. All clients will arrange for services by appointment only and no "walk-in" service will be provided. Existing parking and landscaping will be maintained and the exterior of the building will remain unchanged subject to any required repairs approved by the Historic District Commission. The structure is unique in view of its architecture, its location within the Lafayette Street Historic District, and its prior use as a branch library. These unique qualities create special conditions and circumstances which especially affect this lot and building but do not affect other lands and buildings in the district . Conversion of the use of the structure from a public library to an economically viable commercial use has, to the present time, been unsuccessful despite considerable rehabilitation of the structure . Approval of the variances and sale of the land and building will allow for a compatible and economic use of the building. Literal enforcement of the Ordinance will, on the other hand, continue vacancy of the building and impose substantial hardship on the owner. Petitioner currently maintains a salon on Essex,, Street in Salem where he has operated for 14 years . Upon approval of the required variances, petitioner will purchase the land and building from the current owner. Operation of a hair salon by an on-site owner- operator who is a longstanding business owner in Salem of excellent reputation will insure future operation and maintenance compatible with the neighborhood and responsive to neighborhood concerns. Thus, the variances can be granted without substantial detriment to the neighborhood.