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50 ST PETER STREET - ZBA wiversal. www.myuniversalop.com phone:1-866-766-4676 UMV12113 MA9EINUSA 4, Zoning Board Project Status Sheet Address & Applicant: Date Submitted to BOA: _y 1 -2 EV Clerk Stamp: Variances Only - Constructive Approval Date: (ioo days from ming) /Abutters List Requested: ❑Abutters Notice Sent: �E/ Notice to Abutting Cities & Towns, Councillors: _ Legal Notice posted at City Hall: (14 days before meeting) V/ Legal Notice Emailed & Confirmed: //Legal Notice Posted on Web: //Agenda to Applicant: Applicant's email address or fax number to send agenda: Opened at Meeting: 5 i Continued Meetings: / Extension Form(s) Signed & Clerk Stamped? Closed at Meeting: S )g Decision: G r Q '0+e Decision Filed: �, �i Appeal Period Over: 21"day —C `�t� after ision filed) ❑ /Decision Sent to Applicant: ❑ Notice of Decision Sent to abutters, cities and towns, councillors: ZBA ACTION FORM BO .{.AvMERS -WMdTYIO1V SECOI*1D VO,IE; Date: 51 -L(0 1 (o Rebecca Curran (Chair) Mike Duffy Petitioner: cJ•Q 5� iRaAe-,c Tom Watkins Peter Co elan Address: aCy-C Jimmy Tsitsinos Jim Hacker(Alt. Paul Viccica(Alt.) Conditions: Total: ❑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. ❑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. ❑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(501/o)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. CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET+SALEM,MASSACHUSETTS 01976, o MmBERLEY DRISCOLL TELE:978-745-9595♦ FAX:978-740-9846 °- MAYOR r Ri June 1, 2016 Decision City of Salem Board of Appeals OD Petition of GIDEON COLTOF (BIT BAR) seeking a Variance per Sec. 4-5.1 On4lremiWs Signs in Nonresidential Districts of the Salem Code of Ordinances, to allow the petitioner to install signs that are above the top of the sills of the fust level of windows above the first story at the property of 50 ST. PETER STREET (Map 35 Lot 179)(B-5 Zoning District). A public heating on the above Petition was opened on May 18, 2016 pursuant to M.G.L Ch. 40A, 4 11. The hearing was closed on that date with the following Salem Board of Appeals members present: Peter A. Copelas (Vice-Chair),Jimmy Tsitsinos,Mike Duffy,Tom Watkins,Paul Viccica (alternate). The Petitioner seeks a Variance of the provisions of Sec. 4-5.1 On-Premises Signs in Nonresidential Districts of the Salem Code of Ordinances to allow the petitioner to install signs that are above the top of the sills of the first level of windows above the first story. Statements of fact: 1. In the petition date-stamped April 26, 2016, the Petitioner requested a Variance of the provisions of Sec. 4-5.1 On- Premises Signs in Nonresidential Districts of the Salem Code of Ordinances to allow the petitioner to install signs that are above the top of the sills of the first level of windows above the first story. 2. Steven Hall and Gideon Coltof, of Bit Bar,presents the petition. 3. Bit Bar is located on the first floor of the Old Salem Jail. The petitioners are proposing to install signage above the maximum height allowed. Specifically, the Sign Ordinance of Sec 4-5.1 a.4 and d.2 state that the signs may not be higher than the top of the sills of the fust level of windows above the first story. 4. The proposed signage calls for the highest point of the tallest sign to align with bottom sills of the second story. 5. The petitioners testify that the restaurant location, building scale, and mass of the Old Jail are significantly greater than other buildings in the area that contain retailers. Further the building is physically set back about 150 feet from fast moving traffic on Bridge Street and Church Street. 6, The Sign Ordinance states that "the bottom of the sign is at least ten (10) feet from grade and its top is no higher than whichever of the following is lowest: ...the top of the sills of the first level of windows above the first story..." If the literal enforcement of the sign ordinance were applied, it would only allow the petitioner to have signs that are two (2) feet tall. City of Salem Board of Appeals June 1,2016 Project:283 Rear Derby Street Page 2 of 3 7. The petitioners testify that two (2) feet tall signs are not sufficient in relation to the location, building scale, building mass and location. 8. There are a total of three (3) signs proposed for this location including two (2) blade signs and one (1) wall mounted sign. 9. The signage has been reviewed and approved by the Design Review Board and Salem Redevelopment Authority. 10. The requested relief,if granted, would allow the petitioner to install signs that are above the top of the sills of the first level of windows above the first story signage for this business located at the rear of the property. 11. At the public hearing,no members of the public spoke in favor or opposition to the petition. 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, makes the following findings: Findings Sign Variance: 1. Special conditions and circumstances that especially affect the land, building, or structure involved is that the building scale, and mass of the Old Jail are significantly greater than other buildings in the area that contain retailers. Further the building is physically set back about 150 feet from fast moving traffic on Bridge Street and Church Street. 2. Literal enforcement of the provisions of the Ordinance would create a substantial hardship to the applicant as the Ordinance the literal enforcement of the sign ordinance were applied, it would only allow the petitioner to have signs that are two (2) feet tall on a large building setback from the street. 3. The desired relief may not be granted without nullifying or substantially derogating from the intent of the district or purpose of the City of Salem Zoning Ordinance. On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5) in favor (Peter A. Copelas (Vice-Chair),Jimmy Tsitsinos, Mike Duffy, Tom Watkins, Paul Viccica (alternate) and none (0) opposed, to approve the requested Variance to allow signage at the property subject to the following eight (8) standard terms, conditions and safeguards: Standard: 1. Petitioner shall comply with all city and state statues, 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 finished of the new construction shall be in harmony with the existing structure. 6. A Certificate of Occupancy is to be obtained. 7. A Certificate of Inspection is to be obtained. City of Salem Board of Appeals June 1,2016 Project: 283 Rear Derby Street Page 3 of 3 8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including,but not limited to the Planning Board. e� Et cp, _� " �O Rebecca Curran, Chair 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 fArig 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 ropy of the decision bearing the certificate of the City Clerk has been filed with the Essex South Registry of Deeds. CTTY OF SALEM, MASSACHUSETTS BOARD OF APPEALS PETITION FORM CITY OF SALEM MASSACHUSETTS a Ti BOARD OF APPEALS -1 120 WASHINGTON STREET,3RD FLOOR � 9� SALEM,MASSACHUSETTS 01970 N l b APR 2b P �� S 9 KThomas St.Pierre,Director of Inspectional Services Phone:978-619-5641 /Fax:978-740-9846 f.ITY CL'L-r6, �'•,i_�.�'!, ."",9.'. j KIMBERLEY DmSCOLL Erin Schaeffer,Staff Planner MAYOR Phone:978-619-5685/Fax:978-740-0404 R E C E 1 V�1,.-., ..W1 TO THE BOARD OF APPEALS: APR 2 6 201S The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: . DEPT. Address: SU SfPP1<fr 5 f Zoning District: 3 CDMMUNITY DEVr, GpI�E';T An application is being submitted to the Board of Appeal for the following reason(s):This statement must describe what you propose to build,the dimensions,the zone property is in,and the zoning requirements.(Example: I am proposing to construct a 10'x 10'one story addition to my home located at 3 Salem Lane, in the R-2 Zoning District. The Zoning Ordinance requires the minimum depth of the rear yard to be 30 feet. The current depth of my rear yard is 32 feet;the proposed addition would reduce the depth ofthe rear yard to 22 feet.) I am proposing to erect a signage for my restaurant located in the Old Salem.fail at 50 St. Peter St, in the B-5 Zoning District. The zoning ordinance requires that the height of signs do not exceed the top of the sills of the second story. The last tenant of this space had signs that reached hayivay between the second story sill and second story top lintel, and the first tenant of this space had signs that reached the sills of the third story. Our current signage proposal calls for the highest point of the tallest sign to be consistent with that of the first tenant and align with the sills of the third story. For this reason I am requesting:, (X)Variance(s)from provisions of Section Sec.4-51.a.4 .d.2 of the Zoning Ordinance,specifically from The maximum height of the sign (i.e. minimum depth ofrear yard). What is allowed is ..The ton is no higher than(sic.)The ton of the sills of the first level of windows above the first story. (ft?sq ft?stories? %?), and what I am proposing is the ton is no higher than the too of the sills of the second level of windows above the first story. (ft?sq ft?stories?%?). ( )A Special Permit under Section of the Zoning Ordinance in order to ( )Appeal of the Decision of the Building Inspector(described below): ( )Comprehensive Permit for construction of low or moderate income housing(describe below): Current Property Use:Restaurant Are Lot Dimensions Included? O Yes (X)No Why?N/A (Example:Two Family Home) The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and allow the project to be constructed as per the plans submitted,as the enforcement of said Zoning By-Laws would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially derogating from the intent and purpose of the Zoning Ordinance. CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS PETITION FORM The following written statement has been submitted with this application: (X)For all Variance requests a written Statement of Hardship demonstrating the following must be attached: a) Special conditions and circumstances that especially affect the land,building,or structure involved, generally not affecting other lands,buildings,and structures in the same district; b) Literal enforcement of the provisions of the Ordinance would involved substantial hardship to the applicant;and 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 or the purpose of the ordinance. ( ) For all Special Permit requests a Statement of Grounds must be attached.An application for a special permit for a nonconforming use or structure shall include a statement demonstrating how the proposed change shall not be substantially more detrimental than the existing nonconforming use to the neighborhood in accordance with Section 9.4 Special Permits. Such a statement should include reference to the following criteria: a) Social,economic,or community needs served by the proposal; b) Traffic flow and safety,including parking and loading; c) Adequacy of utilities and other public services; d) Impacts on the natural environment,including drainage; e) Neighborhood character;and f) Potential fiscal impact,including impact on City tax base and employment. O For all Comprehensive Permits for construction of low or moderate income applicants should refer to M.G.L. Ch.40B § 20-23. Previous applications to the Board of Appeals involving this property have been submitted with this petition form. The Building Commissioner can provide documentation ofprevious applications to the petitioner or his representative. If different from petitioner. Petitioner: Gideon Coltof Property Owner: Iron Bar,LLC Address: 343 Tatman St#6 Brookline MA Address:50 Dodge St,Beverly MA Telephone: (617)834-7920 Telephone: (978)922-5300 Email: Ideon mbostonbitla s In Email: Signature: Signature: (Attached consent letter is also acceptable) Date: Date: If different from petitioner. Representative: A TRUE Address: ATTEST Telephone: Signature: Date: CITY CLERK DATE DPCD DATE This original application must be filed with the City Clerk. i Statement of Hardship a)Special conditions and circumstances that especially affect the land, building, or structure involved, generally not affecting other lands, buildings, and structures in the same district; Bit Bar is located along an edge road with low foot traffic in a relatively remote section of town that offers no other retail stores or restaurants for at least three blocks in any direction. The scale and mass of the Old Jail is significantly greater than other buildings in the area that contain retailers. The exception to this is the Museum Place Mall at the other end of St Peter St which, interestingly, in spite of being located in an area of very heavy foot traffic,displays numerous permanent blade signs whose tops reach to almost four stories high. b) Literal enforcement of the provisions of the Ordinance would involve substantial hardship to the applicant Adherence to the literal interpretation of the ordinance would result in signs that are no more than two feet high that are, in two of three instances, located over 100 feet from the nearest street and at least 15 feet above street grade. This combined with the relatively remote location as described above, would make the establishment almost impossible to see or find by pedestrians or fast moving traffic, even if they are searching for the place. 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 or the purpose of the ordinance. It is notable that lack of public complaint about either of the previous tenants signs attest that signs of the requested height do not have a deleterious impact on the public good. In fact, it is clear that the sign height ordinance at issue was written for human-scale building on common pedestrian streets in a city center, and not with a massive structure, located on an edge road in a remote part of town like the Old Salem Jail, in mind. We believe that it was recognition of this,that all previous tenants of this space were granted relief from the stricture and were permitted to erect signs as high as the ones sought under this variance request. Thankyou Gideon Coltof President, Boston Bit Labs, Inc G BIT BAR SALEM EXTERIOR SIGNAGE PROPOSAL MAY 3, 2016 CONTACT: GIDEON COLTOF (617) 834-7920 GIDEON@BOSTONBITLABS.COM BIT BAR SALEM EXTERIOR SIGNAGE PROPOSAL NOTES DUE TO THE CONSTRAINTS OF THE LOCATION,SIGNAGE VISIBILITY IS PARTICULARLY IMPORTANT TO THE SUCCESS OF THIS ESTABLISHMENT. ALL SIGNS OTHER THAN THE FENCE MOUNTED SIGNS WILL BE LIT FROM BEHIND THE TEXT TO CONCENTRATE LIGHT ON THE CONTENT WHERE IT ISNEEDED. THIS SCHEME AVOIDS UGLY LIGHTING FIXTURES,KEEPS LIGHT POLLUTION TO A MINIMUM,AND ALLOWS TO THE TEXT TO SHOW UP WELL BOTH AT NIGHT AND DURING THE DAY. GENERAL BRANDING SIGN DESCRIPTION • ONE WALL SIGN )TWO BLADE SIGNS I ONE GRANITE COLUMN FENCE-MOUNTED SIGN I ONE BY DOOR •.FLAT METAL CUTOUT LETTERS ON A TREATED ANTIQUED COPPER SUBSTRATE DESIGNED TO BLEND WELL WITH THE BRICK AND NATURAL GRANITE OF BUILDING ARCHITECTURE • SPACE BETWEEN COPPER AND LOGO FOR LIGHTING AND DIMENSIONALITY,BUT LOGO REMAINS FLAT. • PAINT WILL BE IN BRAND COLORS WITH METALLIC PAINT ON TEAL/BLUE AREAS •SUPPORTS TO BE FABRICATED FROM SIMPLE IRON OR BLACK METAL TUBE OR SQUARE PIPE,SO AS TO BLEND WITH THE JAILHOUSE ARCHITECTURE • BLADE SIGNS ARE DOUBLE-SIDED FOR VISIBILITY FROM BOTH DIRECTIONS •VERTICAL AND HORIZONTAL VERSIONS OF BLADE SIGNS TO BEST SUIT NEEDS OF SPECIFIC AREAS • LIT FROM BEHIND THE LETTERING IN SPACE BETWEEN BASE SUBSTRATE AND LETTERING •WARM,ENERGY-EFFICIENT LED BACKLIGHTING • ELECTRICAL WIRES RUN INSIDE MOUNTS 50 AS TO NOT BE VISIBLE • BOTTOM OF ALL SIGNS ARE MORE THAN TEN FEET ABOVE GROUND;TOP OF SIGNS ARE NO HIGHER THAN THE TOP OF THE SECNOD FLOOR LINTEL,WHICH IS CONSISTENT WITH PREVIOUS TENANT SIGNAGE.SIGNS EXTEND NO FURTHER THAN FIVE FEET FROM THE BUILDING. RECTANGULAR DESIGN • MAIN SIGN AREA MEASURES:54"W X 48" H (18SF) • ESTIMATED FINAL SIZE INCLUDING THE SUPPORTS TO ATTACH IT TO BUILDING:60"W(CAN BE NO MORE THAN)X 54" H. VERTICAL DESIGN _ • MAIN SIGN AREA MEASURES:32"W X 78"H(17SF) • ESTIMATED FINAL SIZE INCLUDING THE SUPPORTS TO ATTACH IT TO BUILDING:54"X 84"H BIT BAR SALEM EXTERIOR SIGNAGE PROPOSAL SIGN 1. WALLSIGN FORVISIBILITY FOR THE FAST MOVINGTRAFFICON BRIDGESTREET,AND PEDESTRIANS WALKING ALONG THE FAR SIDE OF BRIDGE STREET. •SINGLE-SIDED VERSION THE OF THE RECTANGULAR DESIGN • WOULD BE AFFIXED TO THE BUILDING IN SUCH A MANNER THAT SUPPORTS WILL NOT BE VISIBLE SIGN 2.BLADE SIGN FOR BRIDGE STREET WE5TBOUND,WALKING TRAFFIC FROM THETSTATION,ANDVISITORS PARKING ATTHE EXPECTED NEW PARKING SPACES.A SIGN PERPENDICULAR TO BRIDGE STREET WILLALSO ALLOW FOR PROPER BRANDING WHEN APPROACHING THE FRONTDOORTOTHE RESTAURANT. DUE TO THE ANGLE OF THE BUILDING SIGN 1 DOES NOT MEET THIS SIGHT LINE FROM THE T STATION. • DOUBLE-SIDED VERSION THE OF THE RECTANGULAR DESIGN SIGN 3.WALL SIGN MOUNTED BY the DOOR.CENTERED ON WALL BETWEEN DOOR AND WINDOW AND LINING UP WITH TOP OF DOOR. SIGN 4.BLADE SIGN PLACED ABOVE THE PATHWAY ON THE CORNER OF THE BUILDING AT ST 'PETERS STREET WILL PROVIDES EXCELLENT VISIBILITY FOR VISITORS WALKING FROM THE MAIN PARKING AREAS OF THE CHURCH STREET LOT AND MUSEUM PARKING GARAGE. IT WOULD ALSO BE VISIBLE TO BRIDGE STREET EASTBOUND. • DOUBLE-SIDED VERSION THE OF THE VERTICAL DESIGN _ •SIGN WILL BE POWERED BY ELECTRICAL LINES WHICH RUN UNOBTRUSIVELY DOWN BUILDING IN AN ENCLOSED AND CAMOFLAUGED CONDUIT SIGN 5. FENCE SIGN. TO ENABLE PEDESTRIANS APPROACHING NORTHBOUND FROM ST PETER'S STREET TO FIND THE CORRECT FENCE ENTRANCE TO ENTER,A SIGN LOCATED ON THE FENCE GRANITE COLUMN,TO THE RIGHT OF THE ENTRANCE WILL HAVE A CLEVER ICON SHOWING TO GO UP THE STAIRS, INSIDE THE FENCE,AND TO THE LEFT. •SIGN AREA MEASURES: 16'W X 24" H(23SF) • BRASS PLAQUE MOUNTED TO GRANITE COLUMN BIT BAR SALEM EXTERIORSIGNAGE PROPOSAL SIGN LOCATIONS t 3.% Salem!MA 01970 s ? ; 4 e� g' U% a SIGNS 1 / 2/3 RECTANGULAR DESIGN SPECS Top lines up with top of �—second floor—� lintel ■ ■ ■ 54„ 46" estimated with brackets 54"main sign area More than ten feet 60"from end of sign to wall above ground level 6., from wall SIGN 4 VERTICAL DESIGN SPECS Top lines up with top of �—second floor~ lintel ■ 78" 84" estimated with brackets ■ ■ �--- 32"main sign area i Ten feet 39"including sm square above ground level 0 54"from end of sign to wall a— 15 —► y from wall f SIGN 1 � s VIEW FROM CORNER OF .. BRIDGE AND SERGEANT WALL-MOUNTED. SAME AS BLADE SIGN DESIGN. CENTERED VERTICALLY WITH SECOND FLOOR WINDOW MORE THAN TEN FEET OFF GROUND. y' x em a lY SHOWING WIDTH ++ a sa Tw OF SIGN. MEASURING TEN FEET IY" v "5T+ 1 ♦,FS'x5. � �:fi1 u#}r tI y FROM THE GROUND. SIGN WOULD BE I2-13 m� FEET ABOVE GROUND. b La i x 9''a SIGN 4 WALKWAY SIGN 4 VERTICAL t� " sy �T ♦tla ry {i y SHOWING SCALE: AFC CABLE SYSTEMS 1 � { #,'. 1/2 IN. NON-METALLIC tu` w9 "1 LIQUIDTIGHT CONDUIT INOBTRUSIVELY LOCATED "tv yrg a AND PAINTED IN GREY WITH CAMOFLAUGE GRANITE PAINT J ( e� s ENTEi� 9-IERE r��i11�1111t11�111 � �11�111 ACCESS �F STREET VIEW i tsx ��yy iii "n'°? 7 P-,PPR 7Pin - Ia iu ieiri ALL .ti,, YNR kiltiii iii ui { !! rr iii u[ At Ir 22 1, 21 v, x r � � II a I •G f�i�/y �'' r I a1 A � + � �Pih ��� x � k I .tt " BIT BAR SALEM EXTERIOR SIGNAGE PROPOSAL THANK YOU FOR YOUR CONSIDERATION ! ,r /i+conwrTgyQ\ CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL � lea —_� AY -2 A 9 OS 120 WASHINGTON$TAEET♦$ SSACHUS=01970 TELE:978-619-5685 *FAX:978-Z¢0-0404 KI MMERLEYDRISCOLL f-,t.h. Er` MAYOR CITY .-' i, �i, -H .' City of Salem Zoning Board of Appeals Will hold a public hearing for all persons interested in the petition of GIDEON COLTOF (BIT BAR) seeking a Variance per Sec. 4-5.1 On-Premises Signs in Nonresidential Districts of the Salem Code of Ordinances, to allow the petitioner to install signs that are above the top of the sills of the first level of windows above the first story at the property of 50 ST. PETER STREET (Map 35 Lot 179)(B-5 Zoning District). The public hearing will be held on WED, May 18, 2016 at 6:30 PM, in Room 313, 3`d at 120 Washington Street. Rebecca Curran, Chair Board of Appeals Salem News: 5/4/2016 & 5/11/2016 This notice posted on "Official Bulletin Board" City Flail, Salem, Mass. on u �-1 10 l y at pM in accordance with MGL Chap. 30A, Sections '18-25.