119 NORTH STREET - BUILDING INSPECTION 119 North Street — f'
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No. 153L-2
HASTINGS. MN
LOS ANGELES-CHICAGO-LOGAN.ON
MCGREGOR.TX-LOCUST GROVE.GA
U.S.A.
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CITY OF SALEM, IVfISSACHUSETTS
13`x' BOARD OF APPEAL
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June 10, 2014 m�
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Decision a 77
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City of Salem Board of Appeals
Petition of ALPHA ANALYTICAL, requesting a Special Permit per Sec. 3.1 principal Uses of the
Salem Zoning Ordinance, to allow the operation of a medical clinic providing analytical testing, and
requesting a variance from the provisions of Section 5.1.8 Table ofRequired parking Spaces of the
Salem Zoning Ordinance, to allow fewer than the required number of off-street parking spaces, at
the property located at 121 NORTH STREET (131 Zoning District).
A public hearing on the above Petition was opened on May 21, 2014 pursuant to M.G.L Ch. 40A, � 11. The
hearing was closed on that date with the following Salem Board of Appeals members present: Ms. Harris
(acting Chair), Mr. Dionne, Mr. Duffy, Mr. Watkins, and Mr. Copelas (Alternate).
The Petitioner seeks a Special Permit per Section 3.1 Principal Uses of the Salem Zoning Ordinance, and a
Variance from the provisions of Section 5.1.8 Table q1 Reelaired Parking.Spaces of the Salem Zoning Ordinance.
Statements of fact:
1. In the petition date-stamped April 17, 2014, the Petitioner requested a Special Permit to allow the
operation of a medical clinic providing analvtical testing, and a Variance to allow fewer than the
required number of off-street parking spaces.
2. Mr. Eugene Shehu, petitioner, presents the application for 121 North Street.
3. The facility would be conducting analytical dnig testing of samples.
4. There would be no walk-in customers, as samples would be delivered by car.
5. There Would be two to three employees, in addition to Mr. Shehu.
G. The business would operate during normal business hours — iNfonday through Friday, 9:00am to
5:00pm.
7. "There is currently one legal off-street parking space on the site.
8. There may be adequate room on the site for an additional tandem parking space. Tandem parking
spaces are not considered a legal space under the Salem Zoning Ordinance, but if the additional space
is feasible, it could potentially alleviate the practical need for on-street parking.
9. The requested relief, if granted, would allow the PetitiOlnet to utilize die existing commercial space as
a medical clinic providing analyrical testing, and to provide one off-street parking space rather than
the two off-street parking spaces required by the Salem Zoning Ordinance.
10. At the public (nearing one member of the public expressed their concern about granting relief From
rile off-street parking requirements, stating that North Street is a busy street.
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City of Salem Board of Appeals
June 10, 2014
Project: 121 North Street
Page 2 of 3
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:
Findings —Variance from the provisions of Section 5.1.8 Table of Required P;rrking Spaces
1. The size and configuration of the existing lot does not allow for the creation of two off-street parking
spaces that are in conformance with the provisions of the Off-Street Parking section of the Salem
Zoning Ordinance. Literal enforcement of the provisions of the Salem Zoning Ordinance would
create a substantial hardship.
2. The desired relief may be granted without substantial detriment to the public good, particularly as the
conditions placed upon the approval seek to limit the impact of the variance.
3. The desired relief may be granted without nullifying or substantially derogating from the intent or
purpose of the City of Salem Zoning Ordinance, as converting the property from a commercial use to
a residential use is more in keeping with the character of the neighborhood.
Findings —Special Permit allow the operation of a medical clinic providing analytical testing
1. The proposed use will not be more detrimental than the current use.
2. The proposal serves a community need, as it will provide testing required by the courts and other
businesses local to Salem and the area.
3. The Board is addressing the parking issues with the conditions set upon the approval.
4. The utilities and public services to the building will be adequate.
5. There are no significant negative unpacts on the natural environment, including view.
6. The proposal will have a positive economic and fiscal impact.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5) in favor
(Mr. Watkins, N[s. Harris, Mr. Dionne, Mr. Copelas, and Mr. Duffy in favor) and none (0), to grant the
requested Variance to grant relief from the off-street parking requirements and the requested Special Permit
to allow the operation of a medical clinic providing analytical testing, subject to the following terms,
conditions, and safeguards:
1. '['he 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 die 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. Fxterior finishes of new construction shall be in harmony with the existing srructnre.
6. A Certificate of Occupancy is to be obtained.
7. ;A Certificate of inspection is to be obtained.
l�
e City of Salem Board of Appeals
June 10,2014
Project: 121 North Street
Page 3 of 3
S. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but
not lim red to, the Planning Board.
9. The petitioner shall provide two (2) parking spaces on the property- if feasible
10. The maximum number of employees working at one time shall be limited to three (3).
11. The applicant shall have to petition the Board for a modification to the Special Permit in order to
have more employees working at one time
12. There shall be no walk-in clients.
Fl i!-t"WU i�7 G�(JC.t>D/1D�1�t�
Annie Harris, Acting Chair
Board of_appeals
:A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE COPY CLERK
Appeal%min Ibis dethion, f aq, shall be maele pureuatt to Seelion /7 of the Al,"Yachusells General Lams Chapler 40A, and iball he filed ini/Gin 20
(1117f rf filing of lois deuvoo in the q#i4e of Me City Clerk. Purru ud to the d-lasracbusells Genera!Leos Chapter 40A, SecRou /f, Ice Vaiauce or
Special Perowgranled herein scall not take e(fed until a copy q1 the decision Geanuq the,errl hale of the Cily Clerk has been filed milk the Ene_% SMIJ)
Registry of Deeds.
CITY OF SALEM
DEPARTMENT OF PUBLIC SERVICES
REQUEST FOR CURB CUT
DATE OF REQUEST:
REQUESTED B v PHONE:(2
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LOCATION (as specific a p ssible7b -e A4L
):
LENGTH OF CUT: ���
L` ICE TO: V4 VZ, /( j l
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C� -76
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ICE USE ONLY
APPROVED BYE=.. �! BLDG. INSPECTOR
DEPT. OF PUBLIC SERVICES
NOT APPROVED: DEPT.
EXPLANATION:
DATE OF INVOICE:
PAYMENT RECEIVED:
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Vol
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Titu of #ttlem. massar4usetts
Publir trn}tertq Ile}tnrtment
iguilbing Department
(One #ntem (Breen
500-745-9595 $xt. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
November 5, 1996
Georgia Porazinski
119 North Street
Salem, Mass. 01970
RE: 119 North Street
Dear Georgia:
Due to a complaint received through the Neighborhood Improvement
Committee hot line, I conducted an inspection of the above mentioned property
indndfound the following violations:
Fence in rear yard must be repaired or removed.
Trash in yard must be cleaned up.
Door in basement needs to be repaired.
Chimneys of roof level need some repairs (Bricks are falling) .
Post for basketball backboard support must be repaired.
Secure electrical meter at rear of building.
Replace corner of missing siding.
Remove gas grill from deck.
Please notify this department within fifteen (15) days upon receipt of
this letter as to what course of action you will take to rectify these
violations. Failure to do so will result in legal action being taken against
you.
Thank you in advance for your anticipated cooperation in this matter.
Sincerely,
Leo E. Tremblay
Inspector of Building
LET: scm
cc: Jane Guy
Councillor Hayes, Ward 6
Health Department
3 �a Cfitg of ttlPm, fttssttr4usPtts
1 i'Q Public Propertg i3epartment
Nuilbing i9epartment
(One 6alem (rereen
508-745-9595 Ext. 360
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
November 5, 1996
Georgia Porazinski
119 North Street
Salem, Mass. 01970
RE: 119 North Street
Dear Georgia:
Due to a complaint received through the Neighborhood Improvement
Committee hot line, I conducted an inspection of the above mentioned property
and found the following violations:
1. Fence in rear yard must be repaired or removed.
2. Trash in yard must be cleaned up.
3. Door in basement needs to be repaired.
4. Chimneys of roof level need some repairs (Bricks are falling) .
5. Post for basketball backboard support must be repaired.
6. Secure electrical meter at rear of building.
7. Replace corner of missing siding.
8. Remove gas grill from deck.
Please notify this department within fifteen (15) days upon receipt of
this letter as to what course of action you will take to rectify these
violations. Failure to do so will result in legal action being taken against
you.
Thank you in advance for your anticipated cooperation in this matter.
Sincerely,
i
Leo E. Tremblay
Inspector of Building
LET: scm
cc: Jane Guy
Councillor Hayes, Ward 6
Health Department
CITY OF SALEM
NEIGHBORHOOD IMPROVEMENT TASK FORCE Jurisdiction
O Hist. Comm. YeS ❑ NO
REFERRAL FORM Cons. Comm. YeS 0 NO 0
SRA Yes ❑ No ❑
Date: /!� , �:Z9
Address:
Complaint: Af jc 4 r
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Complainant: Phone#:
Address of Complainant:
BUILDING INP TOR KEVIN HARVEY
FIRE. PREVENTION ELECIRICAL DEPARTMENT
HEALTH DEPARTMENT CITY SOLICITOR
ANIMAL CONTROL .SALEM HOUSING AUTHORITY
PLANNING DEPARTMENT POLICE D .P RTMENT
OLLECTOR ASSESSOR
WARD O N ILLOR DPW
SHADE TREE DAN GEARY
PLEASE CHECK THE ABOVE REFERENCED JCOMPLAINT AND RESPOND TO DAVE SHEA
WITHIN DEE WEEK. THANK YOU FOR YOUR ASSISTANCE.
ACTION:
;b T (1lit� of �ttlem, � ussttcljusetts
" ` F -Board of AJutupeal 1 32
CLERK'S OFFICE'
DECISION-ON THE PETITION OF GEORGIA PORAZINSKI FOR A SPECIAL PERMIT AT
119 NORTH ST. (R=2-)�
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A hearing on this petition was held June 24, 1992 with the following
Board Members present: Richard Bencal, Chairman; Richard Febonio,
Francis Grealish, Jr. , Edward Luzinski and Stephen Touchette. 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.
The Board of Appeal, at the request of the petitioner, voted
unanimously, 5-0, to grant leave to withdraw this petition for a
Special Permit to allow construction of an addition in this R-2
district.
GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE
June 24, 1992
A ,e
Francis X. Grealish Jr. , Secretary
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE
CITY CLERK.