99 Broadway Decision
KIMBERLEY DRISCOLL
MAYOR
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEALS
98 WASHINGTON STREET ♦ SALEM, MASSACHUSETTS 01970
TEL: 978-619-5685
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November 30, 2022
Decision
City of Salem Board of Appeals
The petition of 99 BROADWAY LLC at 99 BROADWAY (Map 32, Lot 125) (R2 Zoning
District) for a Special Permit per Section 3.3.3 Nonconforming Structures and 3.3.7
Reconstruction After Catastrophe of the Salem Zoning Ordinance to reconstruct, alter
and enlarge the previous structure by adding two (2) third-floor dormers and rear
porches to each floor. By adding the dormers, the building will be three (3) stories,
where two and a half (2 ½) stories are allowed.
A public hearing on the above petition was opened on November 16, 2022 and was
closed on November 16, 2022.
On November 16, 2022, the following members of the Salem Board of Appeals were
present: Rosa Ordaz, Peter Copelas (Acting Chair), Carly McClain, Nina Vyedin and
Steven Smalley.
Statements of Fact:
The petition is date stamped October 26, 2022. The petitioner seeks to reconstruct,
alter and enlarge the previous structure at 99 Broadway by adding two (2) third-floor
dormers and rear porches to each floor. By adding the dormers, the building will be
three (3) stories.
1. 99 Broadway is owned by 99 Broadway LLC.
2. The petitioner was 99 Broadway LLC.
3. 99 Broadway LLC was represented by Attorney Bill Quinn.
4. 99 Broadway is located in the R2 zoning district. (Map 32, Lot 125).
5. On November 16, 2022, Attorney Bill Quinn presented to the board.
6. Mr. Quinn stated that at 99 Broadway, there was a 2 ½ story building that
was about thirty-eight (38) feet tall. It was a non-conforming pre-existing
structure. The building was built in the 1800s and had been added onto over
the years. The prior developer and owner had developed three (3)
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condominium units which were owned by individuals on each floor. About a
year and a half ago, there was a dramatic fire on the third floor that did
damage to the third floor. The building was ordered to be demolished
because it was so unsound and the rest of the building was not occupiable. A
tarp was put over the top of the second floor and the building has been
vacant since then.
7. Attorney Quinn commented that his client is the new owner of the building
after the land court proceedings occurred to determine settlements after the
fire. His client is seeking to restore it to a three (3) family structure. The
construction will occur within the original footprint of the structure. There
will be porches added to the structure and those porches will be within the
original footprint of the first-floor porch that is there currently.
8. Attorney Quinn stated that they need a special permit to put dormers on each
side of the third floor to make it a more livable space and to make the
building rehabilitation more economically viable. There were two small
dormers on one side and no dormers on the other side. His client is seeking
to replace the two dormers that existed with a shed dormer to do the same
with the space on the other side. This will not increase the physical height of
the building.
9. Peter Copelas asked the architect to explain the existence of the porches due
to renderings submitted compared to the ones being showed. Sanir Lufija,
architect, explained that the porches are not with a stairway because they will
be sprinkling the building, and therefore, will not need a second egress via
the porches.
10. Mr. Copelas read a letter from J. Cohen, Ward 5 City Councilor, who
supported the project.
11. Peter Copelas went through the special permit criteria.
12. Carly McClain made a motion to approve the petition.
13. The November 16, 2022 meeting of the Board of Appeals was held remotely,
via the online platform Zoom in accordance with Chapter 107 of the Acts of
2022.
On the basis of the above statements of fact and findings, the Salem Board of Appeals
voted five (5) in favor (Steven Smalley, Peter Copelas(Acting Chair), Rosa Ordaz, Carly
McClain and Nina Vyedin and none (0) opposed to grant 99 BROADWAY LLC a Special
Permit per Section 3.3.3 Nonconforming Structures and 3.3.7 Reconstruction After
Catastrophe of the Salem Zoning Ordinance to reconstruct, alter and enlarge the
previous structure by adding two (2) third-floor dormers and rear porches to each floor.
Receiving five (5) in favor votes, the petition for a Special Permit is GRANTED.
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Standard Conditions:
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 Occupancy is to be obtained.
7. A Certificate of Inspection 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.
9. All construction shall be done per the plans and dimensions submitted to
and approved by this Board. Any modification to the plans and dimensions
must be approved by the Board of Appeals unless such changes are
deemed a minor field change by the Building Commissioner in consultation
with the Chair of the Board of Appeals.
10. Petitioner shall schedule Assessing Department inspections of the
property, at least annually, prior to project completion and a final
inspection upon project completion.
___________________
Peter Copelas/ Acting Chair
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
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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 has
been filed with the Essex South Registry of Deeds.
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