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1_jefferson_ave-_stamped_decision 4_25_2018 CITY OF SALEM MASSACHUSETTS F� "PR 1 BOARD OF APPEA� P�! �03 98 WASHINGTON STREET♦ SALEM,MASSACHUSETT4i;ij ER"' KIMBERLEY DRISCOLL TELE:978-745-9595 ♦ FAX:978-740-9846 ,MASS MAYOR April 25, 2018 Decision City of Salem Board of Appeals Petition of 1 JEFFERSON AVE. LLC seeking a Special Permit per sec. 3.3.2 Nonconforming Uses, to change mixed-use office space to multi-use contractor spaces for storage, fabrication and office purposes. The petitioner is also requesting a special permit and variance from the provisions of Sec. 3.3.4 of the Salem Zoning Ordinance to allow an extension of a non-conforming structure and allow the petitioner to exceed the maximum lot coverage requirement at 1 JEFFERSON AVE (Map 25 Lot 649)(Industrial Zoning District) A public hearing on the above Petition was opened on April 18, 2018, pursuant to M.G.L Ch. 40A, § 11 and was closed on that date with the following Salem Board of Appeals'members present: Peter A. Copelas (Vice- Chair),Jimmy Tsitsinos,Jim Hacker,Paul Viccica,Chris Drucas. The petitioner is seeking a Special Permit per Sec. 3.3.2 Nonconforming Uses, to change mixed-use office space to multi-use contractor spaces for storage, fabrication and office purposes. The petitioner is also requesting a special permit and variance from the provisions of Sec. 3.3.4 of the Salem Zoning Ordinance to allow an extension of a non-conforming structure and allow the petitioner to exceed the maximum lot coverage requirement. Statements of fact: 1. In the petition date-stamped March 23, 2018, the Petitioner requested a Special Permit per sec. 3.3.2 Nonconforming Uses, to change mixed-use office space to multi-use contractor spaces for storage, fabrication and office purposes. The petitioner is also requesting a special permit and variance from the provisions of Sec. 3.3.4 of the Salem Zoning Ordinance to allow an extension of a non- conforming structure and allow the petitioner to exceed the maximum lot coverage requirement. 2. Attorney Grover and Todd Waller,property owner,presented the petition. 3. The property is located in an Industrial Zoning District. 4. The petitioner is proposing to extend the existing building at 1 Jefferson Avenue to create a series of workshops/storage units for small commercial enterprises in an existing dimensionally non- conforming structure. The petitioner is proposing to demolish a deteriorated rear addition and replace it with the proposed structure. The petitioner is also proposing to restore the existing wood shingled historic front portion of the building that was once a Boston and Maine Railroad freight house ca. 1902. 5. The property is currently used for a mix of uses including office space, a music studio, warehousing and storage. Some of these uses are legally non-conforming uses in the zoning district. The proposed workshop/storage units for small commercial enterprises are intended to be used by contractors who require multi-purpose space for storage, fabrication,and office purpose. 6. The petitioner is proposing to have eight (8) internal parking spaces, one (1) for each proposed contractor bay, in addition to fifteen (15) surface parking spaces. The parking spaces provide the adequate number of parking spaces to meeting the Salem Zoning Ordinance requirements. City of Salem Board of Appeals April 25,2018 Project: 1 Jefferson Ave. Page 2 of 3 7. The original plans proposed required dimensional variance to exceed the maximum lot coverage requirement. The petitioner also requested a variance for side yard setback to allow the addition to sit one (1ft) closer to the side yard property line than the existing structure. 8. In the Industrial Zoning District the maximum lot coverage is 45% lot coverage. The petitioner was proposing to increase the lot coverage from 25.9% to 46.3%. The zoning also requires side yard setbacks of thirty(30') feet. 9. After some Board discussion regarding the variance request, the Board requested that the applicant consider a plan that did not require any variances. 10. At the April 18'h, 2018 meeting, the applicant presented a revised set of plans that required special permits only including a special permit per Sec. 3.3.2 Nonconforming Uses, to change mixed-use office space to multi-use contractor spaces for storage, fabrication and office purposes. The petitioner is also requesting a special permit per Sec. 3.3.4 of the Salem Zoning Ordinance to allow an extension of an existing non-conforming structure. 11. The requested relief, if granted,would allow the petitioner to change mixed-use office space to multi- use contractor spaces for storage, fabrication and office purposes and expand the existing non- conforming structure. 12. At the public hearing, two (2) members of the public spoke in support and none in opposition to the application. 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, makes the following findings: The adverse effects of the proposed use and structure will not outweigh its beneficial impacts to the City or neighborhood. 1. There are community needs that are served by the proposal. The petitioner is providing contractor space to meet community demand and the petitioner is proposing to significantly improve the existing structure. 2. There are no significant traffic flow and safety impacts including parking and loading. 3. Utilities and other public services are adequate. 4. There are minimal impacts to the neighborhood character as the petitioner will restore and expand an underutilized building to return the property to a more productive use. 5. There are no negative impacts to the natural environment. 6. Potential economic and fiscal impact, including impact on City services, tax base, and employment is positive. On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5)(Peter A. Copelas (Vice- Chair),Jimmy Tsitsinos,Jim Hacker, Paul Viccica, Chris Drucas in favor and none (o) opposed, to approve the requested special permits to allow the petitioner to change mixed-use office space to multi-use contractor spaces for storage, fabrication and office purposes and allow an extension of an existing non-conforming structure in accordance with the plan dated April 18'', 2018, page number A-4, shown as an alternate plan to the Board, subject to the following terms, conditions and safeguards: City of Salem Board of Appeals April 25,2018 Project: 1 Jefferson Ave. Page 3 of 3 Standard: 1. 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 to. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. Exterior finished of the new construction shall be in harmony with the existing structure. 6. A Certificate of Inspection is to be obtained. 7. A Certificate of Occupancy is to be obtained. 8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including,but not limited to the Planning Board. Special Conditions: 1. The eight (8) internal parking spaces that are part of the contractor bay space shall be assigned to and used by each one of the tenants. 2. The petitioner shall also provide four (4) additional surface parking spaces immediately adjacent to the rear of the addition. ems, A _ Cet: Peter A. Copelas,Vice-C air 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 40,4,and shall be filed within 20 days of filing of this decision in the ofce of the City Clerk. Pursuant to the Massachusetts General Lbws Chapter 40A, Section 11, the Variance or Special Permitgranted heroin shall not take effect until a copy of the decision bearing the certificate of the City Clerk has been fled with the Essex South Registry of Deed,.