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STEVEN A. CORBEN DMD DRB SIGN PERMIT 1993 Steven A. Corben DMD 260 Essex Street �IIIY�RS.� BY No. ��®6 NASTINGS, MN LOS ANGELES-CHICAGO-LOGAN,ON M, GREGOR,TX-LOCUSTGROVE,GA U.S.A. State of the Art Family Dental Care September 30, 1993 P(ECEfVEL! OCT 0 1 1993 Salem uepr. Dear Mr. Luster, I I have received Mr. Tremblay 's letter dated September 28, 1993 . Please ask the Salem Redevelopment Authority to review their earlier decision in lght of the recent Board of Appeals' decision. Please note that the Design Review Board already gave their verbal approval at their meeting on May 19 , 1993 . Sincerely, Steven A. Corben, D.M.D. , F.A.G.D. I jcc: Leo Tremblay, ZEO Board of Appeals Councillor Fv-?ar„ I I I i Two Hundred Sixty Essex Street Salem, Massachusetts 01970 Telephone (508) 745-4499 ti Salem BOARD OF DIRECTORS Redevelopment Bar Boudreau Barbara Cleary William Guenther Authority Paul I:Heureux William E. Luster Ewcutire Director TO: SRA Board Members FROM: William Luster, Executive Director RE: Dr. Corben Correspondence DATE: November 23, 1993 I have attached a copy of correspondence from Dr. Steven Corben, regarding his application for a sign permit for a neon sign at his place of business on 260 Essex Street. As you may recall, Dr. Corben was cited by the Building Inspector for installing signage without a sign permit or approval from the SRA. Upon receipt of his violation letter, Dr. Corben submitted a sign permit application which was approved by the Design Review Board at their May, 1993 meeting. The SRA subsequently denied this request due to the fact that the material of the sign, neon tube lighting, was specifically denied in the Urban Renewal District for this type of business. Dr. Corben appealed the SRA's decision to the Board of Appeal, seeking a variance from the City of Salem Sign Ordinance. The Board of Appeal granted Dr. Corben's request for a variance with the condition that the signage be approved by the SRA. Following the Board of Appeal decision, the Building Inspector forwarded an enforcement letter to Dr. Corben requesting that the signage be removed since Dr. Corben did not have a sign permit or approval from the SRA. The attached correspondence represents Dr. Corben's response to the Building Inspector's letter. I would like to further discuss this issue, as well as the SRA's options regarding enforcement provisions, at Tuesday's meeting. One Salem Green • Salem, Massachusetts 01970 • (508) 745-9595, Ext. 311 • Fax (508) 744-5918 ` Titg of 19.7ttlein, Massac4usPtts Public Propertp 33epartment Nuilaing Department (One Salem (6reen 5U9-745-9595 iExt. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer September 28, 1993 Dr. Steven Corbin 260 Essex Street Salem, MA 01970 RE: Illegal Signs Dear Dr. Corbin: I have received a letter from Salem Redevelopment Authority's Executive Director, William Luster regarding the neon signs you have at 260 Essex Street. These signs are a violation of the Board of Appeal decision which states that you must have the approval of the Salem Redevelopment Authority and the Design Review Board. As to date no approval has been given for these signs. You are therefore ordered to removed these signs immediately upon receipt of this notice. Failure to comply will leave us no choice but to take the appropriate legal action. Sincerely, _ Leo E. Tremblay Zoning Enforcement Officer LET:bms cc: W. Luster, SRA Board of Appeal Councillor Furfaro \crbn\ Certified Mail #P 921 991 545 Salem BOARD OF DIRECTORS ', loan Boudreau Redevelopment Barbara Cleary Authority William Guenther Paul L:Heureux William E. Luster Executive Director September 22, 1993 Mr. Leo Tremblay, Building Inspector One Salem Green Salem, MA 10970 Subject: Sign Permit for Steven Corbin, 260 Essex Street Dear Leo: I am writing on behalf of the Salem Redevelopment Authority (SRA), to request that the decision of the City of Salem Board of Appeal be enforced regarding the petition by Steven Corbin for a variance from the Salem Sign Ordinance. As you know, Mr. Corbin erected two neon signs at his place of business, which is located in an Urban Renewal District, without the approval of the SRA. After being cited for installing the signs without a permit, Mr. Corbin applied to the SRA for approval of the two existing signs. Mr. Corbin's application for approval was denied by the SRA Board of Directors, and he then petitioned the Board of Appeal for a variance from the Salem Sign Ordinance which required him to receive approval from the SRA for signage installed within the Urban Renewal District (Section 3-51). Mr. Corbin's variance was granted by the Board of Appeal with the condition that he obtain approval from the Salem Redevelopment Authority (see attached). • . At this time, Mr. Corbin is not in compliance with the variance granted due to the fact that his signage has not been approved by the Salem Redevelopment Authority. I respectfully request that you enforce the provisions of the variance granted by the Board of Appeal and inform Mr. Corbin that his existing signage is illegal. Thank you for your consideration in this matter. Sincerel , v illi m ster Execute irector j:/Corbinbr.BOA One Salem Green • Salem, Massachusetts 01970 9 (508) 745-9595. Ext. 311 • Fax (508) 744-5918 State of The Art Family Dental Care July 20, 1993 RSCEIVEC' William Luster One Salem Green JUL 2 3 1993 Salem, MA 01970 " Dear Mr. Luster: ��1t�C(li B'latlr9on� 1japi The Board's decision was indeed puzzling especially in light of our earlier meeting with the committee and their recommendation for approval. Irregardless of the apparent conflicting views of the redevelopment committees, the following facts need to be addressed. . 11 A great majority of my new patients are- anaergency in nature and therefore the location of my office must be readily and quickly discernable. 2) The above was not a problem until you decided to reverse the direction of Essex -Street - this is now a very serious problem. 3) The signs including their shape, size, location and even color were designed to solve this problem in the most conservative and unobtrusive manner possible. The signs don't even advertise, but simply communicate the name of the practice. 4) Approximately 50 feet down from my office, you have a store with neon signs in every window advertising different brands of beer! Down on Derby St. , there is the equivalent of a neon city advertising everything from food to bicycles - and this is in an even a more historic section , of Salem! ! ! " 5) Your summary denial without taking any ofthe above , into consideration exhibits a great lack of caring, r sensitivity, fairness and .indeed suggests outright discrimination. I have already initiated proceedings with the Board of Appeals and will file shortly in Superior Court against all parties. On a personal note, I have been proudly providing health care services to the people of Salem for over 12 years. I've paid taxes, provided jobs, readily cooperated with all the construction going on around the downtown area and considered myself to be an asset to downtown Salem both as a business and health care provider , Your decision and lack of consideration obviously sends a clear message to the . contrary. Sincerely, ,, Steven A. .Corben, D.M.D. ,F.A.G.D. . Two Hundred Sixty Essex Street Salem, Massachusetts 01970 Telephone (508) 745-4499 NEXT ME�'IIN�- IV" 1q,1193 B%30a.m. SALEM REDEVELOPMENT AUTHORITY DESIGN REVIEW BOARD SIGN APPLICATION Date of Application: IV Applicant Name: 3 O 0- 7'/ Phone # Location of Building: 460 Number Street Owner of Buildina: Sign Designer : 2on Name of individual company Sign Type (Check more than one if necessary) Wall/Facade Temporary Protecting Banner RECEIVED Window �� Mechanical Other MAY 10 1993 Sign Illumination Salem Planrjing wept. Internal Bare Bulb Indirect None Other TAa, Submission Requirements: All items must be received two ( 2) days prior to meeting. (Please check ) 1. Detailed scale planf o_ sign w aCe . lk 2 . Color samples �� �o r+w h t •2. ,� o fns 3 . Letter type/styleL1a, ,T/��z�� 4 . Method of attachment uCu ti,[ •�i�o e 5. Method of lighting 42`e-&,„ 6. Location of sign on building: Drawing Polaroid u -wo ox 7 . Fee Approval Denied: �Q Approval Recommended: Date Approved: EX/DRBSIGNS i � � .���.,�_ t. �' '�� G � SC:t ifs _".4 } �CP'Y n":Ot.9-.. • �- � � ■ • • �- .1 � . � • � . CXI ti �K) f. StevenCorben, DMD, FAGD Comp. Family Dental Svcs. 260 Essex Street Salem, MA 01970 -_I LIJ s a J Steven Corben, DMD, FAGD Comp. Family Dental Svcs. 260 Essex Street Salem, MA 01970 • NEcI'( MEE"LING. ft" Iql AM Q:30a.n,. SALEM REDEVELOPMENT AUTHORITY DESIGN REVIEW 'BOARD SIGN APPLICATION Date of Application: M)Z -v i/ y yy" � � 7 Applicant Name: Phone # Location of Building: C�, Number Street Owner of Building: 4/, t'f Sign Designer : �?L'oma. /'.L�-n-,..i�` ov.-s•' ,nrytt a o O Name of individual company Sign Type ( Check more than one if necessary ) Wall/Facade Temporary Protecting Banner Window Mechanical Other Sign Illumination Internal Bare Bulb Indirect None Other Submission Revuirements: All items must be received two ( 2) days prior to meeting. ( Please check ) 1. Detailed scale plan of sign fy��w- �`� ii 2. Color samples 3. Letter type/style 4 . Method of attachmentc.z ..� c y 5 . Method of lighting taz.. , �.� e .� 6. Location of sign on building: Drawing Polaroidu elpuo o� 7. Fee Cz , �P oho Approval Denied: /az y �� ,� c�l��; c� Approval Recommended: / Date Approved: EX/DRBSIGNS D Yeeael(A Co4ew, State of the ArttFamily Dental Core � /� U��-(/ �� � �� ,vim+-O-av lJ,�,•� L...�.Gv Gam( -r_►. /a-c.-�iy,(�l ��rw<(/(✓�L/ J .x �%ri-c,.t.� �^-r/l "" '� r/t °Co-w". �i�'_�`.w�2 c� Z�K Gv7vt0 yy � �° ,/4,e�.-�j �/ " � "- �•��,t�/ v 1 � Ot // -est.-.--t-e CX �+-..•�-I�-a�' (�Aa �} f (A.r-{Z�Nti a'�'O�°)�jf/'�'`' /�jy/ "-,� `�(/"`'2G�'--Le _ d•-d °' ..`.cn-e , i Two Hundred Sixty Essex Street •= Salem, Massachusetts 01970 Telephone (508) 745-4499 ♦ Salem BOARD OF DIRECTORS Redevelopment loan Boudreau Barbara Cleary Authority William Guenther Paul CHeureux William E. Luster Executive Director July 27, 1993 Mr. Frank Grealish, Chairman Board Of Appeals One Salem Green Salem, MA 01970 Subject: Sign Variance - Dr. Corben, 260 Essex Street Dear Chairman Grealish: I am writing on behalf of the Salem Redevelopment Authority in regard to a petition by Dr. Steven Corben, 260 Essex Street, for a variance from the City of Salem Sign Ordinance. As you may know, Dr. Corben's office is located in the Salem Redevelopment Authority (SRA) Urban Renewal District. This distinction requires that the SRA Board of Directors approve any exterior facade renovations, including the installation of new signs. Dr. Corben's signs were installed without any permits from the City or approvals from the SRA. After being informed of this violation by the Building Inspector, Dr. Corben completed the proper applications for approval. The SRA voted to deny Dr. Corben's request for two neon signs, due to the fact that current SRA policies dictate that neon is only permitted for "entertainment, recreation, eating, drinking, hotels and lodging establishments." (see attached SRA Sign Manual) For the reasons stated above, I am writing to express the Salem Redevelopment Authority's opposition to the petition of Dr. Steven Corben for a variance from the City of Salem Sign Ordinance which would permit him to install two neon signs at his place of business. At the present time, the signs are illegal and should be removed immediately, as previously requested by the SRA and the Building Inspector. Thank you for your consideration in this matter. Sincerely, Joan Boudreau Chairperson cc: Building Inspector d2-1-" 'Salem Green • Salem, Massachusetts 01970 • (508( 745-9595. Ext. 311 • Fax (508) 744-5918 r Chi of _,�ttlem, �4gttssucilusetts . i• t.� , r7CLsEIYf B - rn SEP O91993 Salem eta,jjjj(1g wept. C LZ �• w DECISION ON THE PETITION OF STEVEN A. CORBIN FOR VARIANCE AT 260 ESSEX STREET (B-5) A hearing on this petition was held August 11, 1993 with the following Board Members present: Stephen C. Touchette, V. Chairman; George Ahmed, Edward Luzinski, Stephen O'Grady and Associate Member Arthur Labrecque. 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 is requesting a Variance from the City of Salem Sign Ordinance to allow two (2) existing neon signs to remain in the windows of his dental business. The Variance which has been requested may be granted upon a finding by 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 lands, buildings and structures involved. 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 derogating from the intent of the district or 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 following findings of fact: 1. The Salem Redevelopment Authority was not in favor and urged the Board of Appeal to deny this request. 2. There was one ( 1) citizen, David Pelletier, who voiced his opposition, his concern being that neon signs could become commonplace in the downtown. 3. The Board reviewed pictures of other businesses in the area that had neon signs. it is J DECISION ON THE PETITION OF STEVEN A. CORBIN FOR VARIANCES AT 260 ESSEX STREET, SALEM page two L . The signs have already been purchased and ✓ere of great expense, removing them would be a major loss to Dr. Corbin. 5. Dr. Corbin depends on these signs for purpose of identification of his dental 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: I. Special conditions exist which especially affect the subject property but not the district in general. 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 unanimously, 3-0, to grant the variance requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. Signs are to remain in accordance with the plans and dimensions submitted. 3. Petitioner shall obtain a building permit for the signs. 4. Petitioner shall obtain approval of the Salem Redevelopment Authority and the Design Review Board. VARIANCE GRANTED August 11, 1993 Stephen O' Grady, Member Board of Appeal _t u _ o J ' DECISION ON THE PETITION OF STEVEN A. CORBIN FOR VARIANCES AT 260 ESSEX STREET, SALEM 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 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 n H T O �yti T r a ca � �'teueK� Cow6e�r, ll,til.D., ffl�'D. State of the Art Family Dental Care September 30, 1993 P' ECEIVEL) OCT 0 1 1993 . .aalet7B �f«ratiaseg Dear Mr. Luster, L1g t. I have received Mr. Tremblay 's letter dated; September 28, 1993 . Please ask the Salem Redevelopment - Authority to review their earlier decision in lght of: the recent Board of Appeals' decision. Please note that- the - t Design Review Board already gave their verbal approval at their meeting on May 19, 1993 . Sincerely, ,J G/ry!�j Steven A. Corben, D.M.D. , F.A.G.D. cc: Leo Tremblay, ZEO Board of Appeals Counc:.11or FUixar.. e Two Hundred Sixty Essex Street Salem, Massachusetts 01970 Telephone (508) 745-4499