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75 North St. Statement of grounds_hardshipSTATEMENT OF GROUNDS/HARDSHIP I Project Description The applicant has assembled the following three parcels of property located in the North River Canal Corridor Zoning District (collectively, the “Property”): 75 North Street is a 8,146 s.f. parcel with an existing office building and shop space. 2 Commercial Street is a 12,571 s.f. parcel and is presently occupied by a towing company with a small office. 3 South Mason Street is a vacant 23,827 s.f. parcel of land. The applicant is proposing to combine these underutilized parcels into a total of 44,544+/-s.f. or 1.023+/- acres for the purpose of developing a new four story transit oriented mixed use development that will consist of 60 residential units and a small commercial office space on North Street (the “Project”). The plans include a significant amount of park space open to the public and will also provide for public access through the site from the adjacent residential neighborhood to the train station and the downtown. Given the location of the site and its walkability, the applicant is proposing one parking space for each of the residential units. In addition, the applicant will create nine (9) new parking spaces along Commercial Street. With the elimination of approximately three (3) spaces along North Street, this will result in a net increase of six (6) new spaces available to guests, members of the public and occupants of the commercial office. II Zoning Relief Required The proposed multi-family residential use of the Property is allowed by Special Permit under Section 8.4.5 (4.3) of the City of Salem Zoning Ordinance (the “Ordinance”) provided that: a. the use abuts a residential use; b. first floor commercial space is retained on any main corridor; and c. each unit has a separate exterior entrance if located within 100 feet of a residentially used parcel in an abutting zoning district. The first two of these conditions are satisfied by the proposed Project plans, but the Property is in fact within 100 feet of a residentially used parcel in an abutting zoning district, so a variance is needed from the requirement to provide separate entrances. Other zoning relief required for the Project includes a variance from the parking requirements to allow one space per unit rather than the 1.5 spaces required under Section 8.4.9 of the Ordinance. Based on data which the applicant has compiled regarding similar projects in close proximity to the Project, the applicant believes this parking ratio is adequate to satisfy the parking needs of the Project. Further, the ratio is entirely consistent with the other projects approved by the Salem Planning Board in the immediate area. The Project also requires a variance from the lot area per dwelling unit requirement of 3,500 s.f. in Section 4.1.1 of the Ordinance. At 60 units, the Project provides for approximately 742 s.f. of lot area per dwelling unit. Although the Project falls short of meeting the required lot area, the Board of Appeals and the Planning Board have consistently found that relief from this requirement is appropriate for projects of this nature. In considering this request for relief, the Board should be aware that the Project will provide for 10% of the units to be reserved for households earning 60% or less of area mean income. It is also significant to note that the Project actually complies with the floor area ratio of 2 to 1 in the NRCC, which is the other measure of suitable density as well as with the 50ft or 4 story allowable building height. The last variance needed for the Project relates to the Transitional Overlay provisions of the NRCC district, which require a buffer area of 50 feet from any residential use. The Ordinance prohibits construction or destruction of land in such a buffer area. In this instance, the applicant is proposing a small, landscaped area and four (4) parking spaces in the buffer area, so relief is required from Section 8.4.13(4) of the Ordinance. All other resident parking spaces, 56+, will be located under the residential units in a ‘podium’ building that will screen parked cars from public view. III. Grounds for Relief A. Special Permit 1. Community needs are served by the Project by redeveloping these underutilized properties to provide much needed housing opportunities, including six (6) deeply affordable units. In addition, the public open space and access created by the Project will contribute to the activation of the canal area that is already underway. 2. As part of the Site Plan Review process with the Planning Board, the traffic and parking impacts will be carefully analyzed and addressed by both the applicant’s consultant and the City’s peer review consultant. The applicant has already commissioned its own preliminary traffic and parking study to support the conclusion that the proposed parking ratio of 1:1 is adequate to meet the Project’s demands. In addition, the elimination of the intensive traffic generated by the towing company will have a beneficial impact on traffic-related noise and congestion. The Memorandum of Vanasse Associates is filed herewith in support of this application. 3. The utility systems serving the Project will be inspected and upgraded as needed through the review process conducted by the City Engineering Department as part of Site Plan Review. 4. The North River Canal neighborhood is changing in character from it historically industrial nature to the more mixed-use neighborhood envisioned by the master plan which underlies the NRCC zoning district. This Project will add to the character of the neighborhood as a vibrant community where residents live, work, and share public spaces. 5. By creating new public park areas on South Mason and Commercial Street with access routes to the canal, the natural environment will be improved by the Project. Also, the Project will be implementing flood resistance and sustainability measures that will benefit the natural environment in the canal area. 6. The Project will have a positive fiscal impact on the City by increasing tax revenue generated by the Property, creating new jobs and supporting the local economy. B. Variances 1. There are several special conditions that affect the Property that do not generally affect many other parcels in the NRCC zoning district. These include the limitations and requirements imposed by the State Chapter 91 licensing regulations; the challenges created by the existing flood conditions, the significant environmental remediation that is necessary based on the past industrial uses of the Property and the need to stabilize the poor soil conditions at portions of the site in order to support any new construction. 2. Based on the changing character of the neighborhood and market forces, the only viable use of these parcels is one that is predominantly residential. If the Zoning Ordinance were literally enforced, these three parcels could only be re-developed for a maximum of 14 dwelling units, even taking advantage of the allowed density bonuses for affordability. Given the special conditions identified above, as well as the City’s affordable housing requirements, these parcels could not possibly be redeveloped if the density was limited to the number of units allowed under the Ordinance. This creates a substantial hardship for both present ownership and for any potential future owner, including the applicant. 3. The relief required can be granted without detriment to the public good or derogating from the intent of the Ordinance. As previously stated above in the grounds for a Special Permit, this Project meets all of the criteria that the Ordinance establishes for determining that the beneficial aspects of the Project outweigh any adverse impacts it will have. Further, the Site Plan Review process required by the Ordinance will further ensure that the impact of this Project on the public will be thoroughly evaluated and mitigated where necessary. Finally, the applicant has made a concerted effort to design a Project that complies with most of the dimensional requirements of the Ordinance, including height, lot coverage and setbacks.