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Stmt Grounds 31 Cedar STATEMENT OF GROUNDS FOR VARIANCES FOR LAND AT 31 CEDAR STREET (a/k/a 27-33 CEDAR STREET) SALEM By Quitclaim Deed dated Dec. 4, 2015, applicant SALEM RESIDENTIAL RENTAL PROPERTIES, LLC ("SALEM RENTAL") purchased the land and buildings referred to therein as 27-33 Cedar Street, Salem. That deed describes two parcels: Parcel 1 of about 4,300 SF, which contains an existing 2-family dwelling and good-sized back yard (the" Existing 2-family parcel"), and Parcel 2 containing about 6,600 SF, consisting of a driveway, garage and a large open area used only as a side yard (the "Garage Parcel"). Both parcels are in Salem's R-2 Zoning District. In 2018 SALEM RENTAL severed the title of the two parcels by conveying the Existing 2- family parcel to another LLC, being co-applicant 31 Cedar Street, LLC. Between 2015 and 2018, both parcels had been owned by SALEM RENTAL, and applicants' counsel has advised them that the legal principal of merger of the two parcels for zoning purposes under Mass. Zoning law may apply, and that it was advisable to file this petition for zoning relief to separate them again into two separate parcels for the purpose of constructing a new 2-family dwelling on the Garage Lot. Interestingly, the Garage Lot once did contain a separate dwelling that we understand was destroyed by fire sometime prior to 1987, when the then-owner, one Leon Jalbert, applied for and was granted a Variance to divide the property into the same two parcels proposed by this application, and to construct a 2-family dwelling on the vacant portion. That Board made several findings of fact that are still basically true today, to wit: 1. Dividing of the large lot will produce two small lots that will be consistent and in harmony with other lots in the area; 2. When purchased by Mr. Jalbert, it was two (2) lots, as shown on the Assessor's Map (of that time); 3. The neighborhood is primarily a two-family neighborhood. 4. There was no major opposition. a) Based upon these facts, the Board found, and this Board, may find that these were special conditions and circumstances which especially affect this land and building and which are not generally affecting other lands, buildings and structures in the same district; b) Literal enforcement of the provisions of the zoning ordinance would involve substantial hardship, financial or otherwise, to the petitioners, and c) The relief requested may be granted without substantial detriment to the public good and without derogating from the intent of the district or the purposes of the ordinance. Although the Variance was granted, the additional 2-family dwelling was never constructed, and that Variance lapsed. The property is basically unchanged since that time, and the same physical conditions as to the property and the character of the neighborhood still pertain. This total land area is about .25 acres, which is about twice the size of its immediate abutters, and many of the other dwellings on Cedar Street. The requested division of the land and construction of a new 2-family dwelling on the Garage Lot would be consistent with the R-2 zoning and character of the neighborhood. The facts that the previously existing dwelling was never rebuilt, and that the existing 2-family, which is a pre-existing grandfathered structure, is crowded along one side of the property rather than centered on its own parcel, leaving an overly large area of the parcel basically unused, is extremely wasteful of good land that can accommodate new dwelling units needed in the City of Salem. The application of the existing dimensional requirements of the zoning ordinance render a substantial portion of this land uneconomic and unused, and out of character for the neighborhood. These conditions, which apply to this property but not to the properties generally in the district, are conditions as to the shape and use of the land and buildings that create a hardship, economic and otherwise, for the applicants. Based upon the facts above, the relief requested may be granted without substantial detriment to the public good and without derogating from the intent of this R--2 District or the purposes of the ordinance.