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75 NORTH STREET - BUILDING INSPECTION 75 NORTH STREET nn UFC 10330 IS }Vo. 153E HASTINGS, NN orvolr.�.Ao CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET. 3RD'FLOOR SALEM. MASSACHUSETTS O 1970 TELEPHONE: 978-7459595 rYE prP FAX: 978-740-9846 KIMBERLEY DRISCOLL LG'7 �IGiI -� P 2: 3b MAYOR November 3, 2010 Decision Cry of Salem Zoning Board of Appeals Petition of PRIDE CONSTRUCTION & DEVELOPMENT, seeking Variances from lot coverage and parking requirements, and a Special Pennit to expand a nonconforming structure, in order to construct a one and a half story addition on the existing single-story building on the property located at 75 NORTH ST., Salem, MA (NRCC Zoning District). A public heating on the above Petition was opened on October 20, 2010, pursuant to 1%'lass General Law Ch. 40A, § 1 L The hearing was closed on October 20, 2010 with the following Zoning Board of Appeals members present: Robin Stein, Richard Dionne, Annie Harris, Beth Debski, Becky Curran,Bonnie Belair (alternate), and Jimmy Tsitsinos (alternate). Petitioner seeks a Variance pursuant to Section x+.1.1, and a Special Permit pursuant to Section 3.3.5, of the City of Salem Zoning Ordinances. Statements of fact: 1. At the hearing, Brian Dapice of KW Commercial presented the petition along with Sean Meyers, CFO of Pride Construction. 2. In a petition dated September 15, 2010, petitioner requested a Variance from lot coverage in order to construct an addition on the existing structure at 75 North Street. The Building Corn=' sioner determined that a Special Permit to expand a nonconforming structure was also needed for the proposed project. 3. At the hearing, the Building Commissioner expressed concern that the site not become a construction yard and should not be used for storage of comnncrcial vehicles. However, Mr. Meyer stared that most vehicles Would be reutoved from the site at the end of each day. The Board of Appeal, after careful consideration of the evidence presented at the public hearing, and after thorough review of the plans and petition submitted, makes the following findings: I. Desirable relief may be granted without substantial detriment to (he public good and ssithout nu111kin;; 2. The applicant inav v:ui,the terms of the North River Cinal Corridor Zoning DiSt iCC to allow for the ontstruction of the addition as shown on the submitted plans. 3. 111 permitting such change, the Board of Appeals requires certain appropriate conditions and safeguards as noted below. On the basis of the above findings of fact and all evidence presented at the public hearing including, but not limited to, the Plans, Documents and testimony, the Zoning Board of Appeals concludes: 1. A Variance 6.0111 ntaximnm lot Coverage, and a Special Permit to expand a nonconforming structure, Lire granted to allow for the construction of an addition on the property located at 75 North Street, as shown on the submitted plans. In consideration of the above, the Salem Board of Appeals voted, five (5) in favor (Stein, Curran, Debski, Dionne and Hams) and none (0) opposed, to grant petitioner's requests for a Variance and a Special Permit subject to the following terms, conditions, and safeguards: 1. Petitioner shall comply«ath all city and state statutes, 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. A Certificate of Occupancy is to be obtained. G. 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. 7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. S. Unless this Decision expressly provides otherwise, any zoning relief granted floes 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 fift-v percent (501%) of its floor area at the tinm of destruction, it shall not be reconstructed except in conformity with ncc provisions of the Ordinance. Chair Ro ut tem, atr Salem Board of Appeals A COPY OF THIS DECISION f-k\S BEEN FILED WITH THE PLANNING BOARD AND THE CITY"[Y CLERK Appeal from this decision, if any,shall be made pursuant to Section 17 of the 1VIaSSaChnSettS General Laws Chapter 40A, and shall be filed within 20 days of filing of this decision in the office of the Cary Clerk Pursuant to the 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 certificate of the Croy Clerk has been filed with the Essex South Registry of Deeds. CITY OR SALSMy MASSACHUSaTTS , BOARD OF APPEAL 1 3 'TTS FEF-F"•"Ot' CE 120 WASHINGTON STR[tT, 3R0 FLOOR SALKU, MASSACHuswrTs 01970 TELKOHONM 970-745-0eas .t00b APR 2 A18:_11 FAX: 978-740-9946 April 24, 2006 Decision Petition of David Jalbert requesting a variance to lot coverage for property located at 75 North Street, NRCC District City of Salem Zoning Board of Appeals A public hearing on the above petition was opened on April 19, 2006 pursuant to Mass General Law Ch. 40A, Sec. 11, the following Zoning Board members being present: Nina Cohen,Edward Moriarty, Richard Dionne, Robin Stein and Nick Helides. The petitioner David Jalbert is requesting a variance pursuant to section 9-5 to allow the construction of an addition to the existing structure located at 75 North Street, Salem, in the North River Canal Corridors (NRCC)zoning district. The petitioner is requesting a variance from maximum lot area requirement of the City of Salem Zoning Ordinance which is 50% in the NRCC district, to allow the expansion of the existing structure to a total land coverage of sixty percent (60%). The Board of Appeals,after careful consideration of the evidence presented at the public hearing, and after thorough review of the Plans and Petition submitted, makes the following findings of fact: 1. The property at 75 North Street is within the NRCC zoning district. 2. The petitioner proposes to construct a thirty foot by ninety foot(30' x 90')one and one-half story addition on top of a portion of the existing one story building, and a thirty foot by nineteen foot nine and one-half inch (30' x 19"A") 260 sq. ft. one story addition adjacent and connecting to the existing structure. 3. The existing businesses, North Shore Kitchen and Bath, and Creative Carpentry, Inc. have operated on this property for several years. These businesses, which will continue to operate on this site, constitute a pre-existing non-conforming use. 4, The existing businesses have operated within a non-conforming structure since the lot coverage is currently at 52%, S. Petitioner's proposal to expand the current lot coverage from fifty-two percent (52%) to sixty percent(60)represents an expansion of a pre-existing non- conforming structure. 6. The proposed expansion complies with the requirements for expansion within the NRCC district under Sec. 7-21 (d) 2a-c and 7-21(d)3. 7. Parking for the site will remain on the west side of the building. 8. The hours of operation will remain at their present times of 7:00 am to 5:00 pm Monday through Friday, and 10:00 am to 2:00 pm on Saturdays. 9. There were no members of the public who wished to speak in favor or against the petition. On the basis of the above findings of fact, including all evidence presented at the public hearing, including, but not limited to, the Petition and detailed plans, the Zoning Board of Appeals concludes as follows: 1. The petitioner may construct the additions in conformity with the allowable expansions of an existing building and use within in the NRCC district. 2. The petitioner's request for an increase in the size of the lot coverage does not constitute a substantial detriment to the public good. 3. The proposed expansion does not nullify or substantially derogate from the intent or purpose of the zoning ordinance. 4. In permitting such change, the Board of Appeals requires certain appropriate conditions and safeguards as noted below. In consideration of the above, the Salem Board of Appeals voted, five (5) in favor (Cohen, Dionne, Moriarty, Helides, Stein) and none (0) opposed, to grant the request for a variance, subject to the following terms, conditions, and safeguards: 1. Petitioner shall comply with all city and state statutes, 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 finishes of the new construction shall be in harmony with the existing structure. 6. A Certificate of Inspection is to be obtained. 7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 1tcr.e CSG..,, �AK. Nina Cohen, Chair Salem Zoning 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 40A,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 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 and 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. uuajnray t-ernucate Cite of *atom, fflass'arbusetts 3 vua\I`! 11 ...I It_t YUUR s DATE FILED �2C . I. l54�! Type; �( New Expiration Date 1, CPCO� 13 Renewal,no change Number. ff, Cl Renewal with chanee In conformity with the provisions of Chapter one hundred and ten,Section five of the Massachusetts General Laws,as amende th undersigned hereby de Iclare11 (s) that a business is conducted under the title of:tl� Is 1T at. 5 (Voft -h (54. type of business k ��G.� + 1 •,+1 � by the following named person(s); (Include corporate name and title if corporate officer) Full Name Residence ( a on �l t lin t7�a Donn, :34. PrnUil, 1�/'� ,, ) J rres_ ----------------------------------------- - _ - - __ _ __ __ _ ivna ----------- -------------------------------- ----------------------------------------------------- on— pY I 19-M-4he above named person(s) personally appeared before me and made an oath that the foregoing statement is true. ----------------------------------------------------- ---------------------------------------------------- CITY CLERK Notary Public (seal) Date Commission Expires Identification Presented State Tax I.D. # S.S. # 0 H— 4 G- Li l s 9 C M, �. (if available) bad -46 - 6 g Z OT J _._._._._._._._._._._._ In accordance with the provision of Chapter 337 of the Acts of 1985 and Chapter 110, Section 5,of Mass. General Laws, business certificates shall be in effect for four(4) years from the date of issue and shall be renewed each four vears thereafter. A statement under oath must be filed with the town clerk upon discontinuing, retiring,or withdrawing from such business or partnership. Copies of such certificates shall be available at the address at which such business is conducted and shall be furnished on request during regular business hours to any person who has purchased goods or services from such business. Violations are subject to a fine of not more than three hundred dollars ($300.00) for each month during which such violation continues.