124 Boston St. STATEMENT OF GROUNDS_STATEMENT OF HARDSHIP STATEMENT OF GROUNDS FOR
FOR 124 BOSTON STREET,SALEM
This is a Petition seeking zoning relief to allow an existing nonconforming structure and use as
1-family dwelling above a first-floor retail, personal service, and office (commercial) use, to be altered
and enlarged by renovating the structure inside to add a 3`d-floor dwelling, resulting another
nonconforming use as a 2-family dwelling above the first-floor commercial space. The property is in the
B-2 Zoning District. As shown on the surveyor's Plot Plan and the architectural plans submitted,the only
outside construction and expansion of the structure's footprint is the construction of a new exterior
stairway at the rear of the building for access and egress from the proposed 3rd-floor dwelling.
As shown on the surveyor's Plot Plan and the architectural plans submitted,the only outside
construction and expansion of the structure's footprint is the construction of a new exterior stairway at
the rear of the building for access and egress from the proposed 3 d-floor dwelling, legally adequate on-
site parking is provided for all proposed uses.
Per the Tax Assessor's information, this existing building was constructed in about 1890.
GROUNDS FOR SPECIAL PERMITS:
This property is in the midst of many commercial, mixed use and multifamily uses on both sides
of Boston Street, so the applicants' proposed use will not be out of character for the neighborhood. The
height, design and materials of the structure are consistent with the existing design of the other
dwellings in the neighborhood. No increase in building height or materials are proposed.
Section 3.3.2: "The Board of Appeals may award a special permit to change a nonconforming
use in accordance with this section only if it determines that such change or extension shall not be
substantially more detrimental than the existing nonconforming use to the neighborhood."
Section 3.3.3:The Board ... may award a special Permit to reconstruct, alter or change a
nonconforming structure or to alter it for the same purpose in a substantially different manner or to a
substantially greater extent. if it determines that
This proposed modification will not be substantially more detrimental than the existing
structure to the neighborhood, based upon the following grounds:
(a) The social and economic need of the community need to provide safe, code compliant
housing is served by this proposal;
(b) Traffic flow and safety are unaffected under this proposal because the owner has sufficient
permanent off-street parking and an adequate driveway that has served the commercial
and residential uses of the property for many decades, and probably since it was
constructed in 1890.
(c) Adequate utilities and public services already service the property;
(d) There will be no negative impact upon the natural environment and drainage, as there will
be no exterior work except for adding the wooden stairway.
(e) The existing building is consistent with, and complementary to the design and materials of
the other buildings in the neighborhood, so will have no new no negative impact the
character of the neighborhood, and
(f) the proposed project will increase the assessed value of the property, thus having a positive
fiscal impact on the City by generating increased real estate tax revenue for the City.
VARIANCES SOUGHT
1. Variance as to Maximum Lot Coverage by All Buildings
The Dimensional Table in Section 4.1.1 limits the Maximum Lot Coverage by all Buildings TO 25%
percent.The lot area of this property is about 4,972. To the extent that the addition of the exterior
stairway footprint causes the lot coverage to exceed 25%, a variance approving this modest increase is
sought.
2. Variance to Use Existing Driveway Slightly Undersized in Width.
Section 5.1.5 (Off-Street Parking Design) allows the use of a driveway 12'feet wide used primarily
for overnight parking and incidental daytime use. The applicant seeks a variance of this requirement to
allow the continued use of the existing driveway which is about 11.5 'wide, where this driveway has
existed and been used for many decades and probably since the structure was built.
3. To the extent that the Bord mat find that any other dimensional variance is required for
construction in accordance with the Plans submitted,such variances are sought.
Grounds for these Variances are:The lot size,the long, narrow shape of the lot,the size of the
building together with the location of the building along the front and one sidelines, constitute
conditions that are unique to this property, which,together with the current zoning which
makes even the existing use of mixed commercial with dwellings above, illegal. The
enforcement of these zoning provisions creates a hardship,financial and otherwise to any
owner's use of the property. Because the proposed uses are so prevalent in the neighborhood,
the variances may be granted without derogating from the intent of the Zoning Ordinance and
will not be detrimental to the public good.