Loading...
189 LORING AVENUE - BUILDING INSPECTION 189 CORING AVENUE .MOM" ios S17LEfZ(d4 °UPC 10334 No.163L rwO, HASTINGS, NN Certificate Number: B-16-1127 Permit Number: B-16-1127 Commonwealth of Massachusetts City of Salem This is to Certify that the .................................................................Small,Retail Building located at Building Type 189 LORING AVENUE in the Ci o..Salem ........................................................................................................................................... ............................................ry l .. . .................................................. Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY J L A LORING AVE LLC This Permit is granted in conformity with the Statutes and Ordinances relating thereto, and expires Not Applicable...., unless sooner suspended or revoked. E)piration Date Issued On: Wednesday, March 29, 2017 CD CITY OF SALEM Common%.Ajealth of dssachusetts IL� 5 R City Of Salem a 120 Washington St,3rd Floor Salem,MA 01970(978)745-9595 x5641 Return card to Building Division for Certificate of Occupancy Permit No. B-16-1127 PERMIT TO BUILD FEE PAID: $522.00 DATE ISSUED: 10/6/2016 This certifies that STERDU REALTY TRUST STERGIOPOULOS CHRISTOS TR has permission to erect, alter, or demolish a building 189 LORING AVENUE Map/Lot: 310130-0 as follows: Repair/Replace STRIP INTERIOR WALLS & FINISHES, INSTALL NEW: WINDOWS, ENTRY, ENTRY WALKWAY, DRYWALL, ELECTRICAL, DUCTWORK. Contractor Name: DINO STATI DBA: PIVOTAL BUILDERS, INC Contractor License No: CS-056677 1016/2016 , Building Off ic a Date This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within six months after issuance.The Building Official may grant one or more extensions not to exceed six months each upon written request. All work authorized by this permit shall conform to the approved application and the approved construction documents for which this permit has been granted. All construction,alterations and changes of use of any building and structures shall be in compliance with the local zoning by-laws and codes. This permit shall be displayed in a location clearly visible from access street or road and shall be maintained open for public inspection for the entire duration of the work until the completion of the same. The Certificate of Occupancy will not be issued until all applicable signatures by the Building and Fire Officials are provided on this permit. HIC#: 'Persons contracting with unregistered contractors do not have access to the guaranq .d"(asset forth in MGL c.142A). Restrictions: Building plans are to be available on site. All Permit Cards are the property of the PROPERTY OWNER. } Commonwealth of Massachusetts a City of Salem W 120 Washington St,3rd Floor Salem,MA 01970(978)745-9595 x5641 Return card to Building Division for Certificate of Occupancy rVinStructure CITY OF SALEM BUILDING PERMIT Excavation PERMIT TO BE POSTED IN THE WINDOW Footing INSPECTION RECORD Foundation Framing Mechanical Insulation INSPECTION: BY DATE Chimney/Smoke Chamber Final D 14 %M Plumbing/Gas Rough:Plumbing Rough:Gas 7A 11 i Final C 9V Electrical Service Rough Final p� /� /� �f� /,� �G`/� L�✓tq�G d !ij>. �f/� L"�L �i.1/l� �-- i�1/ Fire Depart ent 131 Cy�R�L/ / �~9 ✓� ' �, %�� . Preliminary Final Health Department Preliminary Final n - I t -10 in CITY OF SALEM MASSACHUSETTS ` T BOARD OF APPEAL ' 31 gr \ p 120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970 21 ICiMBERLEYDRiscou TELE:978-745-9595 ♦ FAX:978-740-9846 VILE MAYOR OILY-GLER SALEKMOS August 31, 2016 Decision City of Salem Board of Appeals Petition of DINO STATI seelcing a Special Permit per Sec. 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance to convert an existing fur retail store into an office space at the property of 189 LORING AVE (Map 31 Lot 130) (R1 Zoning District). A public hearing on the above Petition was opened on August 17, 2016 pursuant to M.G.L Ch. 40A, § 11. The heating was closed that date with the following Salem Board of Appeals members present: Peter A. Copelas (Vice-Chair),Jimmy Tsitsinos,Tom Watkins,Paul Viccica (alternate). The petitioner is seeking a Special Permit per Sec. 3.3.2 Nonconforming Urex to convert an existing fur retail store into an office space. Statements of fact: 1. In the petition date-stamped July 19, 2016, the Petitioner requested a Special Permit per Sec. 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance to convert an existing fur retail store into an office space. 2. Dino Stati,petitioner presents the petition. 3. The petitioner proposes to convert an existing fur retail store into an office space for a construction contractor company. 4. The proposed office will have four (4) employees and no large trucks or equipment will be stored on site. 5. There are four (4) parking spaces including two (2) legal parking spaces on the property and two (2) parking spaces reserved for the associated business on the street. 6. The petitioner is planning to make improvements to the fa$ade of the building including constructing new windows along the fagade of Grant Road and Loring Ave. The petitioner is also proposing to re- position the entryway and make landscape improvements. 7. No changes will be made to the footprint of the building. 8. At the public heating one (1) member of the public spoke in favor of and none (0) spoke in 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, and the Petitioner's presentation and public testimony, makes the following findings that the proposed project meets the provisions of the City of Salem Zoning Ordinance: • City of Salem Board of Appeals This notice posted on "Official Bis!:' t r, 9oard" August 31,2016 C;t 1i,, Salein, Mia ss. on (U JY 31, ,:mlQ Project: 189 Loring Ave. G : .,� n.1 , , , ,,z ordance mlitl: ".l 11-hap. 30A' Page 2 oft Srt,twu.i i6 ��. Findings for Special Permit: The Board finds that the proposed changed in non-conforming use will not be substantially more detrimental than the existing nonconforming use. 1. The Board finds that the change of use from a fur shop to a professional office will be a benefit to social, economic and community needs. 2. There is no impact on traffic flow or safety. 3. There is no impact on the existing utilities or other public services. 4. There is no impact on the natural environment,including drainage. 5. The proposal conforms to the existing neighborhood character. 6. The potential fiscal impact,including impact on the City tax base is positive. On the basis of the above statements of facts and findings, the Salem Board of Appeals voted four (Peter A. Copelas (Vice- Chair), Jimmy Tsitsinos, Tom Watkins, Paul Viccica (altemate)) in favor and none (0) opposed, to allow the petitioner to convert an existing fur retail store into an office space subject to the following terms, conditions, and safeguards: Standard Conditions: 1. The 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. 4. Petitioner shall obtain a building peruzit prior to beginning any construction. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. 6. A Certificate of Occupancy shall be obtained. 7. A Certificate of Inspection shall be obtained. 8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. —P egra Za 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 filing of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40,4, 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 has been filed with the Essex South Registry of Deeds. Unofficial Property Record Card Page 1 of 1 Unofficial Property Record Card - Salem, MA General Property Data =_ Parcel ID 31-0130-0 Account Number Prior Parcel ID -- Property Owner STERDU REALTY TRUST Property Location 189 LORING AVENUE .--..� STERGIOPOULOS CHRISTOS TR Property Use Store Mailing Address 189 LORING AVE Most Recent Sale Date 2/24/1999' Legal Reference 15493-227 City SALEM Grantor CHIULLI STEPHEN E <.—. Mailing State MA Zip 01970 Sale Price 157,000 ParcelZoning R1 Land Area 0.107 acres Current Property Assessment =_= Card 1 Value Building 121500 Xtra Features 0 Land Value 179,700 Total Value 301,200 , Value Value - Building Description Building Style Store Foundation Type Conc.Block Flooring Type Carpet #of Living Units 1 Frame Type Wood Basement Floor N/A ------ Year Built 1920 Roof Structure Flat Heating Type Forced H/W Building Grade Average Roof Cover Rolled Heating Fuel Gas ---- Building Condition Average Siding Brick Air Conditioning 100% Finished Area(SF)2473.7 Interior Walls Drywall #of Bsmt Garages 0 Number Rooms 0 #of Bedrooms 0 #of Full Baths 0 #of 314 Baths 0 #of 112 Baths 1 #of Other Fixtures 4 •-�- Legal Description Narrative Description of Property w� This property contains 0.107 acres of land mainly classified as Store with a(n)Store style building,built about 1920,having Brick ---- exterior and Rolled roof cover,with 1 unit(s),0 room(s),0 bedroom(s),0 bath(s),1 half bath(s). Property Images T' , wN ------------ —...rug. Disclaimer:This information is believed to be correct but is subject to change and is not warranteed. http://salem.patriotproperties.com/RecordCard.asp 12/18/2015 Citp of 6alem, A.aooarbuatto �3oarb of 01ppeal Henry A. Lucas,Jr.,Esq. 133 Washington Street Salem MA 01970 RE: Sterdu Furs Dear Mr.Lucas, In January 1999, the Zoning Board of Appeal granted your client Sterdu Realty Trust a Special Permit to operate a nonconforming retail business in a residential district at 189 Loring Avenue., The granting of the Special Permit was subject to the condition that "Signage shall be limited to one sign," namely, the sign attached to the building. Currently Sterdu Fur maintains a sandwich board type sign on the property in violation of the condition under which the Special Permit was granted. In addition to the allowed signage, your client has attached flags to the sandwich board, and is using neon signage inside the store to attract attention. These changes are in violation of the conditions imposed by the Zoning Board. Further, they violate the terms presented to the Board by the petitioner, who stated that business would be a "low impact use" that would have "little effect" on the surrounding residential neighborhood. Several Board members have asked me to notify you concerning the Sterdu Fur's failure to comply with the conditions of the Special Permit, and to ask you to inform your client that failure to comply with conditions of a Special Permit is grounds for revoking it. I do expect the Board to follow up on this matter if the violations are not corrected in a,prompt fashion. Should you have any questions about this matter, I would refer you to Mr. Peter Strout, the Building Inspector and Zoning Enforcement Officer. Sincerely, /�. r heh CSCK- Nina V. Cohen, Esq. Chairman, Zoning Board of Appeal (Eftp of &a lem, jffiaoarbuattz 38oarb of 01ppeal Henry A. Lucas,Jr.,Esq. 133 Washington Street Salem MA 01970 RE: Sterdu Furs Dear Mr.Lucas, In January 1999, the Zoning Board of Appeal granted your client Sterdu Realty Trust a Special Permit to operate a nonconforming retail business in a residential district at 189 Loring Avenue. The granting of the Special Permit was subject to the condition that "Signage shall be limited to one sign," namely, the sign attached to the building. Currently Sterdu Fur maintains a sandwich board type sign on the property in violation of the condition under which the Special Permit was granted. In addition to the allowed signage, your client has attached flags to the sandwich board, and is using neon signage inside the store to attract attention. These changes are in violation of the conditions imposed by the Zoning Board. Further, they violate the terms presented to the Board by the petitioner, who stated that business would be a "low impact use" that would have "little effect' on the surrounding residential neighborhood. Several Board members have asked me to notify you concerning the Sterdu Fur's failure to comply with the conditions of the Special Permit, and to ask you to inform your client that failure to comply with conditions of a Special Permit is grounds for revoking it. I do expect the Board to follow up on this matter if the violations are not corrected in a prompt fashion. Should you have any questions about this matter, I would refer you to Mr. Peter Strout, the Building Inspector and Zoning Enforcement Officer. Sincerely, /tl� Cv h�Ph CSC K\ Nina V. Cohen, Esq. Chairman, Zoning Board of Appeal i �l_ v Or SALEM. MA (fitV of �ttlem, fHassadjusetts 1QD � OFFICE oarb of �kFpral 1999 JAN 2b A 9� 30 DECISION OF THE PETITION OF STERDU REALTY TRUST FOR A VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT�189 CORING AVENUE] A hearing on this petition was held December 16, 1998 and continued on January 20, 1999 with the following Board Members present: Nina Cohen, Ronald Harrison, Michael Ward and Stephen Hams. Notice of the hearing was sent to abutters and others and notices of the hearing were property published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner requests a Special Permit to allow a Change of Use from photography studio to retail fur establishment and a Variance from parking requirements for the property located at 189 Loring Avenue. The province the Salem Zoning Ordinance which is applicable to the request for a Special Permit is section 5-3 0), which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Sections 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extent expansion of nonconforming lots, land, structures, and uses, provided, however, that such change extension, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighbor. In more general terms, this Board is, when reviewing Special Permit requests, guided by the rules that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. The Variances which have been requested may be granted upon a finding of the Board that: A. Special conditions and circumstances exist which especially affect the land, Building or structure involved and which are not generally affecting other lands, buildings or structures in the same district. B. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 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. The Board of Appeal, after careful consideration of the evidence presented, and after viewing the plans, makes the following findings of fact 1. Petitioner, Sterdu Reafty Trust, a prospective buyer of the property, was represented by Attorney Henry A. Lucus, Jr. of 133 Washington Street. 2. The petitioner has requested a Special Permit to allow a Change of Use from a photography studio to a retail fur establishment, and a Variance from the parking requirements. 3. The subject property is located at 189 Loring Avenue and Grant Road in an R-1 District. 4. In 1969, the Zoning Board of Appeal granted a Special Permit and Variance allowing a building addition and use thereof. 5 The petition has maintained and operated a retail fur establishment at the othe locations in Salem, including 131 & 191 Essex Street and 540 Loring Avenue. 6. The petitioner will be an on-site owner operator. 7. The proposed business will have two full and one part time employee. 8. The operating hours of the business will be restricted to 10:00 a.m. to 6:00 p.m. Monday through Saturday, and by appointment on Sundays. 9. The petitioner anticipated a having 5-0 customers per day and described the business as a low impact use which will have little affect on the neighborhood. 10. The proposed use will involve no construction and no changes internally or extemally to the structure. 11. No toxic chemicals will be used on the premises. 12.There will be no external refrigeration or air conditioning units. T 13. The petitioner plans on building a new home at 185 Loring Ave, a lot N v:N which had previously been used as a parking lot for the 189 Loring Ave. o business. „ D - m n 14. Nishan Moofatian of 198 Loring Ave., and Rose and Leonard Levy, the current -P rrn:r owners of the property, spoke in favor of the proposed use. o > 15. City Councilor Mark Blair, indicated that he was in favor of the use of the property as a retail fur establishment;however expressed concern regarding paking, signage, possible noise from air conditioners and use of chemicals on the premises. 16. Councilor Blair stated that he would ask the City Council to change the parking Restriction on Grant Road from Resident Sticker Parking Only to One Hour Parking for the area of Grant Road contiguous with the 189 Loring Ave. and 185 Loring Avenue properties. 17. James Tobin of 2 Grant Road expressed conoem regarding noise, use of external air conditioner units and trash dumpsters. 18. Roger Ouellette and Anna Lisa Oulette of 3 Grant Road expressed concern regarding parking, the volume of customers the business would service, use of chemicals on site, the number of employees the type of clientele the business would attract, and any changes in the current parking restrictions., Mr. Oulette states he was strongly opposed to the change in use. 19. Renald Purnell of 183 Loring Avenue and his son Rick Purcell were opposed to the operation of the business at 189 Loring Avenue without use of the parking lot at 185 Loring Avenue. 20. Robert Gates of 1 Grant Road spoke in opposition to the variance for parking. On the basis of the above findings of fact, and on the evidence presented-at the hearings the Zoning Board of Appeal voted unanimously, 5-0 to grant the requested Special Permit to allow change of use from a photography studio to a retail fur establishment, and the Variance from the parking requirements, subject to the following conditions: 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire Safety shall be strictly adhered to. 3. A Certificate of Inspection is to be obtained. 4. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 5. There shall be no external machinery, refrigeration or air conditioning units. 6. There shall be no use of hazardous chemicals such as dry cleaning solvents. 7. Signange shall be limited to one sign. 8. The Special Permit to allow a change of use from a photography studio to a retail fur establishment shall have a time limitation of seven years. 9. The number of employees shall be limited to two full time and one part time. L fTl Special Permit 8 Variance Granted uD C) January 20, 1999 D _n c'' m:K w D 0 �Stephen Buczko Board of Appeal 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 � m z �o 5 y CD r- DTIM -0 " �3 w D O