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176 NORTH STREET - BUILDING INSPECTION 176 NORTH STREEV' .i Y. 1!, r ✓ "� (l jtU of $ajVM � HuSSttCliuSetts T 3 Puttra of r�upenl �z G 4 Y A � _ N CO N 6J1 DECISION ON THE PETITION OF TIMTOHY W. LUTTS FOR A VARIANCE AT 176 NORTH STREET (R-2) A hearing on this petition was held January 18, 1995 with the following Board Members present: Stephen Touchette, Chairman; Gary Barrett, Nina Cohen, Albert Hil, Stephen O'Grady and 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, owner of the property, is requesting a Variance for use as a "Professional Offices" at 176 North Street. This property is located in a (R-2) district. The Variances which have 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. Property was given a variance in 1979 allowing offices for a professional association consisting of medical, psychological, and educational services only. 2. With the creation of (7) on-site parking spaces, the petitioner meets all requirements to parking for this specific use. 3. Council President & Ward 6 Councillor Sally Hayes sent a letter of support and Ward 4 Councillor O'Leary spoke in favor. 4. By granting variance, the petitioner will get a fuller use of existing property and will eleviate a much needed parking situation in the area. 5. One neighbor spoke of concerns for parking and was given the opportunity to see the new plans. DECISION OF TIMOTHY LUTTS FOR A VARIANCE AT .r 176 NORTH STREET (R-2) page two On the basis of the above findings of fact, and on the evidence presented at the hearing, the Zoning Board of Appeal concludes as follows: 1. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioners. 2. Desirable relief can be granted without substantial detriment of the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. 3. Special conditions exist which especially affect the subject property but not the district in general. Therefore, the Zoning Board of Appeal voted unanimously, 5-0 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. All construction shall be done as per the land and dimensions submitted. 3. All requirements of the Sale Fire Department relative to smoke and fire shall be strictly adhered to. 4. A Certificate of Inspection is to be obtained. Variance Granted January 18, 1995 ` Stephen O'Grady Board of Appeal 2 c_ a �— Z3 C� N —: r -n c� cn N LIl YY H of _,$ttlem, � Iussttrltusetts T �' N=^ N ae 3 �3nttrb of Aufrenl c� ca w cri DECISION ON THE PETITION OF TIMTOHY W. LUTTS FOR A VARIANCE ATtI7.6_NORTH_STREET (R-2) A hearing on this petition was held January 18, 1995 with the following Board Members present: Stephen Touchette, Chairman; Gary Barrett, Nina Cohen, Albert Hil, Stephen O'Grady and 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, owner of the property, is requesting a Variance for use as a "Professional Offices" at 176 North Street. This property is located in a (R-2) district. The Variances which have 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. Property was given a variance in 1979 allowing offices for a professional association consisting of medical, psychological, and educational services only. 2. With the creation of (7) on-site parking spaces, the petitioner meets all requirements to parking for this specific use. 3. Council President 6 Ward 6 Councillor Sally Hayes sent a letter of support and Ward 4 Councillor O'Leary spoke in favor. 4. By granting variance, the petitioner will get a fuller use of existing property and will eleviate a much needed parking situation in the area. 5. One neighbor spoke of concerns for parking and was given the opportunity to see the new plans. DECISION OF TIMOTHY LUTTS FOR A VARIANCE AT i 176 NORTH STREET (R-2) page two On the basis of the above findings of fact, and on the evidence presented at the hearing, the Zoning Board of Appeal concludes as follows: 1. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioners. 2. Desirable relief can be granted without substantial detriment of the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. 3. Special conditions exist which especially affect the subject property but not the district in general. Therefore, the Zoning Board of Appeal voted unanimously, 5-0 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. All construction shall be done as per the land and dimensions submitted. 3. All requirements of the Sale Fire Department relative to smoke and fire shall be strictly adhered to. 4. A Certificate of Inspection is to be obtained. Variance Granted January 18, 1995 Stephen O'Grady Board of Appeal s - N .7 7> N O N co REcEiVF0 (gtty of >, P MAR 1 i[ 42 �� 779 Poarb of s CITY cP.;i'J L:fFICE SALEH, HASS. JANUARY 24, 1979 DECISION ON THE PETITION OF THE TRUSTEES OF THE SALEM LIBRARY AND THE TRUSTEES OF THE NORTH BRANCH REALTY TRUST CONCERNING PROPERTY LOCATED AT 176 NORTH STREET (R-2 DISTRICT) A hearing on this petition was held on Wednesday, January 24, 1979. Notices for said hearing were sent to abutters and others and duly published in the Salem Evening News on January 10 and 17, 1979, in accordance with Mass. General Laws, Chapter 808. Board members Douglas Hopper, John Nutting, Joseph Piemonte and James Boulger were present. Atty. Donald Koleman represented the petitioners before the Board. The Petitioners are requesting a variance for the former North Branch Library Building, located at the corner of North Street and Liberty Hill Avenue, to allow a change in use to offices for a professional association consisting of medical, psychological, and educational services. The Library Trustees have entered into a Purchase and Sales agreement with the Trustees of the North Branch Realty Trust for the sale of the premises contingent upon the granting of this variance. The sale of the property to the Trustees of the North Branch Realty would insure that the architectural significance of the building would not be destroyed and that its proposed semi-public use would be beneficial to the community. Plans submitted showed parking for four cars, rear fire exit stairs. No other alterations would be made to the exterior of the building. The Associations evening hours could run as late as 8:00 P.M. and the maximum number of cars, including staff would be seven. u The North Branch Realty Trust consist of two people, Philip Burke and Murray Klickstein who will be counciling families and children from the area, Atty. Albert L. Pitcoff, Trustee of the Public Library stated the disposition of the building has been a problem for two years, and that it cannot be resumed as a library because of the costs and low use. He stated the Trustees selected the highest bidder, but took into consideration the operation's value to the community. A petition signed by 25 abutters in favor of the variance requested was submitted by the Petitioner, John Brown, Library Trustee, spoke in favor and stated that the City was asked to suggest a municipal use, but did not offer any. He stated that no interest was shown in acquiring it for a one or two family house. An abutter spoke in favor of the petition. Several abutters, speaking in opposition, stated that the porposed use would cause increased traffic congestion, parking problems and air pollution. Tit of 5afem, -ffiarazarhusettz n H h At? i is =ice r?l J.RftG4ryE CITY rFtCE SALEH. MASS. JANUARY 24, 1979 - DECISION - NORTH BRANCH LIBRARY PAGE TWO The Board voted unanimously to grant the variance requested, The Board found that the proposed use is appropriate for the neighborhood and that the retention of the architectural character of the North Branch would be both beneficial to the neighborhood and the community. The Board also found that it could grant the variance requested without derogating from the intent of the Salem Zoning Ordinance and without substantial detriment to the surrounding neighborhood. VARIANCE GRANTED Douglas Hopper V ' Acting Secretary APPEAL FRC.M THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS. CEMEP,AL LAWS, CHAPTER 303, AND SHALL BE FILED 'WTHIR 20 DAYS AFTER THE DATE OF FILING �UF TH!S DECISION IN THE OFNGE OF THE CITY CLERK. FURSA:IT TI ('A3S. ;S. L%;;3. GHA?.ER £OS. i':71%.,. 11. THE VAMANCE OR SPECIAL. PERMIT CRAVED &ZREIIi, SHI-..G tl::i Ui:TII. A COPY SF TiiE CSCISi08. BEP.RRIG THE CERT- FICATICN LF THE CIT( CISH; T}iAT 27 DAYS HATE ELA?CEO AND 110 APPEAL HAS BEE'`I FILED, OR THAT, IF S08H A:•I AP?FAL HAS BEEii MEDT-AT IT HAS BEEN DlsmIESED OR DEIIED IS REi;LF,OED IM THE SCOiH E3S£: ;c3:Si"Y LF DECiy AND 1MOEXED UNDER THE MAME OF THE OVLMER ,OF RECORD OR IS RECORDED A.ND NOTE) ON THE CWN-TR.'S CERTIFICATE OF TITLE. BOARD OF APPEAL A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK; of i�ttlem, fttsliar4usetts Public Propertg Department +wilding i3 pArtment (One 6alem (5reen 500-7,15-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer May 5, 1995 Daniel Hubbard Pierce 175 Essex Street Salem, Mass. 01970 RE: 176 North Street Dear Mr. Pierce: Per our meeting on May 4, 1995, I find per condition i1 1 granted to Mr. Timothy W. Lutts on a Variance concerning the property located at 176 North Street, that the minor changes being made to enable the parking spaces and the area needed for backing up spaces to meet the City of Salem Zoning Ordinances are acceptable to this office. This is concerning the Variance granted on January 18, 1995 by the City of Salem Board of Appeals, with condition Ill stating: Petitioner shall comply with all city and state statutes, ordinance, code and regulations. This is the condition I base my findings on. Please submit changed drawings to this office reflecting minor changes. Sincerely, Leo E. Tremblay Zoning Enforcement 0icer LET: scm �BND1 CERTIFICATE OF OCCUPANCY Issued: a lL4SPermit q: q y5- CITY OF SALEM -City of Salem Building De t. SALEM, MASSACHUSETTS 01970 �'�rnNe ooh — DATE AUGUST 18 19 O5 PERMITNO. 445-1995 APPLICANT CONNOLLY BROS ADDRESS 152 CONANT ST 59 (NO.) (STREET) (CONTR'S LICENSE) CITY BEVERLY STATE MAZIPCODE 101515 TEL.NO. ALTERATION OFFICE. BANK. NUELLING MBER OF PERMIT TO ( ) STORY F'ROFESSI DWELLING UNITS (TYPE OF IMPROVEMENT) NO. (PROPOSED USE) AT(LOCATION) 0176 NORTH STREET ZONING DISTRICT R_` (N0.) (STREET) BETWEEN AND (CROSS STREET) ACROSS STREET) LOT 00114108 SG FT SUBDIVISION IhAP 27 LOT �213BLOCK SIZE BUILDING IS TO BE FT.WIDE BV FT.LONG BV FT.IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION (TYPE) REMARKS: RENOVATIONS FOR OFFICE SPACES (APPX 6) AS PER B. O. A. F. FIRE PREVENTION. AREA ORQ 50. @� PERMIT 1505. 00 VOLUME ESTIMATED COST$ FEE (CUBICISOUARE FEET) OWNER CABOT HERITAGE CORP BUILDING DEPT. AnnRRCR PO BOX 3067 RV L. E. T JOB SITE COPY IaJ'195 3 CITY OF SALEM BUILDING SALEM, MASSACHUSETTS 01970 PERMIT DATE AUGUST IS 19 95 PERMITNO. 445-1995 APPLICANT CONNOLLY BROS ADDRESS 152 CONANT ST 593 (NO) (STREET) (CONTR'S LICENSE) CITY BEVERLY STATE MAZIPCODE 01915 TEL.NO. - _ PERMITTO ALTERATION (—) STORY OFFICE, BANK, PROFESSI NUMBER OF 0 (TYPE OF IMPROVEMENT) NO. (PROPOSED USE) DWELLING UNITS 0176 NORTH STREET ZONING R_` AT(LOCATION) DISTRICT (NO.) (STREET) BETWEEN AND (CROSS STREET) (CROSS STREET) LOT SUBDIVISION MAP 27 LOT 021EILOCK SIZE 0011408 SG FT BUILDING IS TO BE FT.WIDE BY FT.LONG BV FT.IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION (TYPE) REMARKS: RENOVATIONS FOR 1�OFFICE } �SPACES Occupy PERMIT AS PER B. O.'A. R FIRE PREVENTIO I AREA OR Call for Permit to Occu JY 2� PERMIT VOLUME ESTI MATED 66606 T$ 250, 000 FEE $ .1505, 0;-D (CUBIGSOUARE FEET) OWNER CABOT HERITAGE CORP BUILDING DEPT. ADDRESS PC BOX 3067 BY L. E. T THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF,EITHER TEMPORARILY OR PERMANENTLY,ENCROACHMENTS ► ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION,STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF THREE CALL INSPECTIONS APPROVED PLANS MUST BE RETAINED ON JOB AND THIS CARD KEPT WHERE APPLICABLE SEPARATE REQUIRED FOR ALL CONSTRUCTION WORK: POSTED UNTIL FINAL INSPECTION HAS BEEN MADE. WHERE A PERMITS ARE REQUIRED FOR 1.FOUNDATIONS OR FOOTINGS. ELECTRICAL,PLUMBING AND 2.PRIOR TO COVERING STRUCTURAL CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH BUILDING SHALL MECHANICAL INSTALLATIONS. MEMBERS(READY TO LATH). NOT BE OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. 3.FINAL INSPECTION BEFORE OCCUPANCY. POST THIS CA D SO IT IS VISIBLE FROM STREET BUILDING INSPECTION APPROVALS P SING INSPECTION APPROVALS ELECTRICAL INSP TION APPROVALS 2 n {-moi-• 2 2 K �l� Cf�CZI`I� BOARD OF H GAS I SPECTION APPROVALS F19E DEPT,INSPEC NG APPROVALS OTHER CITY ENGINEER 2 2 WORK SHALL NOT PROCEED UNTIL THE PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS INSPECTIONS INDICATED ON THIS CARD INSPECTOR HAS APPROVED THE VARIOUS NOT STARTED WIT}UN SBC MONTHS OF DATE THE PERMIT IS ISSUED CAN BE ARRANGED FOR BY TELEPHONE STAGES OF CONSTRUCTION. AS NOTED ABOVE. OR WRITTEN NOTIFICATION.