124 Boston St Decision (ROD certified) SO,ESSEX #330 Bk:41833 Pg:488
C`Y 10/30/2023 02:53 PERMIT PS 1/4
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CITY OF SALEM MASSACHUSETTS
. J d' BOARD OF APPEALS
98 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970 c,a
TEL:978-619-5685
DOMINICK PANGALLO
MAYOR
October 5, 2023 {^ /1
Decision f,,
City of Salem Board of Appeals
The petition of FARRANDIA, LLC at 124 BOSTON STREET (Map 16, Lot 157) (B2 Zoning
District) for a Special Permits per Section 3.3.2 Nonconforming Uses of the Salem
Zoning Ordinance to change the existing nonconforming use as a 1-family dwelling
above the existing first floor retail, personal service or office use to another
nonconforming use to have two dwelling units above the first-floor retail, personal
service or office space. Also, Section 3.3.3 Nonconforming Structures of the Salem
Zoning Ordinance to extend, alter, and change the existing nonconforming
structure. In addition, variances from Section 4.1.1 Dimensional Requirements for
maximum lot coverage for all buildings. Also, 4.1.1 Dimensional Requirements for
minimum side yard setback and Section 5.1.5.6 Design to use existing driveway of
about 11.5 feet in width which is slightly less than the 12' width required for driveway
which is primarily used to provide for overnight parking.
A public hearing on the above petition was opened on September 20th, 2023 and was
closed on September 20, 2023.
On September 20, 2023, the following members of the Salem Board of Appeals were
present: Rosa Ordaz, Peter A. Copelas (Chair), Paul Viccica, Hannah Osthoff, Carly
McClain and Nina Vyden'.
Statements of Fact:
The petition is date stamped August 30th, 2023. The petitioner requests to change the
existing nonconforming use as a one-family to another nonconforming use to have two
dwelling units above the first-floor retail, personal service or office space.
1. 124 Boston Street is owned by Farrandia, LLC.
2. The petitioner was Farrandia, LLC.
3. The representative was Attorney Bill Quinn
4. 124 Boston Street is located in the B2 zoning district. (Map 16, Lot 157).
5. On September 20th, 2023 Bill Quinn presented the plans to the board.
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6. 124 Boston Street was constructed one hundred or more years ago. It is
located within the mixed-use character of the area. There are multiple
residential dwellings about the same size and design of this home.
7. Attorney Quinn stated his client purchased the home for the express purpose
of investing in Salem.
8. The Salem Zoning Ordinance does not allow for residential units in the B2
district above retail or office space. However, there are many homes that
have been grandfathered like this located already along Boston Street.
9. Attorney Quinn stated that his client intends to put his real estate company
on the first floor and use it for his business.
10.Attorney Quinn stated that his client would like to renovate the third floor,
which is an existing floor with two bedrooms and has quite a bit of space to
add for a second residential dwelling.
11.Attorney Quinn stated that his client lacks one means of egress from the third
floor, so renovations are going to be done to provide egress in and out of the
third-floor apartment. This would be in the form of an exterior wood frame
stairway that has been designed to go on the back of the building to serve
the third floor.
12.There will be no exterior work other than the addition of the external
staircase being used for the egress for the third floor.
13.Attorney Quinn stated that there is plenty of adequate legal parking. There is
an existing garage on the property with two legal parking spaces, and within
the site plan the design shows the setbacks of the stairway and on off street
parking for three legally sized cars, which shows there is plenty of room.
14.Attorney Quinn stated that the abutting property has a retaining wall right
next to the petitioner's driveway. This does not allow them to widen the
driveway which is the request for the driveway width variance.
15.Chair Copelas inquired about the existing layout on the third floor.
16.The applicant stated that there is a kitchen and a bathroom and two
bedrooms and a living room on the third floor. They purchased the building
on July 26, 2023. There is no one living in the building currently. It is vacant
on both the second and third floors.
17.The applicant stated that there are also kitchens on both the second and third
floor.
18.Chair Copleas asked the petitioner if he could clarify about what are the
elements of the building that they plan on changing. The applicant
responded by saying the only piece they are changing is adding the stairwell
that will act as the egress for the third floor and the window that they will be
changing into a doorway for access to the new stairs.
19.Chair Copelas asked if the interior staircase goes from the third floor down
into the second-floor apartment. The petitioner responded that it does not. It
goes into the back hallway only.
20.Paul Viccia inquired if all five provided parking spaces will be dedicated to
housing or will some of them be used for business customers.
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21.The applicant stated that the spaces are for the rental uses and parking for
the business will be on the street, similar to what other businesses are
currently doing for their parking on Boston Street.
22.Chair Copelas opened the meeting to comments from the public. There were
none.
23.Attorney Quinn reviewed the criteria for special permits and the for the
variances.
24.Carly McClain made a motion to approve the petition.
On the basis of the above statements of fact and findings, the Salem Board of Appeals
voted five (5) in favor (Peter A. Copelas(Chair), Rosa Ordaz, Nina Vyden, Carly McClain
and Paul Viccica and none (0) opposed to grant FARRANDIA, LLC a special Permit per
Section 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance to change the
existing nonconforming use as a 1-family dwelling above the existing first floor retail,
personal service or office use to another nonconforming use to have two dwelling units
above the first-floor retail, personal service or office space. A special permit per Section
3.3.3 Nonconforming Structures of the Salem Zoning Ordinance to extend, alter, and
change the existing nonconforming structure. Also, variances from Section 4.1.1
Dimensional Requirements for maximum lot coverage for all buildings. And a variance
from Section 5.1.5.6 Design to use existing driveway of about 11.5 feet in width which
is slightly less than the 12' width required for driveway which is primarily used to
provide for overnight parking.
Receiving five (5) in favor votes, the petition for Special Permits is GRANTED.
Receiving five (5) in favor votes, the petition for Variances is GRANTED.
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.
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8. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
9. Unless this Decision expressly provides otherwise, any zoning relief
granted does not empower or authorize the Petitioner to demolish or
reconstruct the structure(s) located on the subject property to an extent
of more than fifty percent ement cost at the time of destruction.0%) of its floor area or more than If
percent (50%) of its replacement the
means
structure is demolished by cost to
more than fifty percent (0%) of
percent (50/o) of its replacement
its floor area at the time of destruction, it shall not be reconstructed
except in conformity with the provisions of the Ordinance.
10.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.
11.Petitioner shall schedule Assessing Department inspections of the
property, at least annually, prior to project completion and a final
inspection upon project completion.
Date OCT 0 2023
l hereby certify that 20 days have L
expired from the date this instrument
NO APPEAL
was received, and thatPeter A. Copelas/ Chair
has been filed in this office. Board of Appeals
A True Copy 4aC� LERK, 'S�alem' M�88's'
ATTEST:
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CITY
Appeal from this decision, if any, shall be made ar filedt to with withinon 17 of the
days of filing
Massachusetts General Laws Chapter 40A, and shall be
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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