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301 ESSEX ZBA Application 11/21/23; 1:13 PM' about:blank ,CCNDIP44 CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS 98 WASHINGTON STREET,2ND FLOOR SALEM, MASSACHUSETTS 01970 a o Thomas St. Pierre, Director of Inspectional Services Phone:978-619-5641 Daniel Laroe,Staff Planner City of Salem Phone:978-619-5685 Zoning Board of Appeals Application Application ID: ZBA-23-37 Date submitted: November 21, 2023 TO THE BOARD OF APPEALS: The Undersigned represent(s)that they are the owner(s)of a certain parcel of land located at: Address:301 ESSEX STREET Zoning District:B5 EC E 1 Ana application is being submitted to the Board of A g O pp g Appeals for the following reasons : N01 €, See Statement of Grounds attached DEPT. OF PLANNiNG & For this reason,I am requesting: r.OMMUNtTY DEVELOPMENT Ll[vpj Variance(s)from provisions of Section 5.1.9 of the Zoning Ordinance,specifically from none. [_)A Special Permit under Section of the Zoning Ordinance in order to (_I Appealing a Decision of the Building Inspector: L)Comprehensive Permit: Current Property Use: Commercial Are Lot Dimensions Included:Yes The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and allow the project to be constructed as per the plans submitted,as the enforcement of said Zoning By-Laws would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially derogating from the intent and purpose of the Zoning Ordinance. Statement of Hardship(for Variances): See Statement of Grounds attached Statement of Grounds(for Special Permits): Petitioner:Jerry's LLC If different from petitioner Address:22 HAWTHORNE BLVD,01970 Property Owner: Telephone:978-590-4181 Address: , Email:mike@atla ticcoasthome.com Telephone: p Email: Signature: C,�['EL Signature: ��� Date: �' --- Date: If different from petitioner Representative:Scott Grover,Esq. Address:27 Congress Street,Suite 414,Salem, MA 01970 Telephone:978-745-8065 11/21/23, 1:13 PM about:blank Email:smgrover@ti inavin�s.,rc�om Signature: Date: Il zl STATEMENT OF GROUNDS The Applicant, Jerry's LLC, is the owner of the premises known as 301 Essex Street(the "Property"). The Property is presently occupied by a large retail store, which has been the use for several decades. The Applicant is proposing to redevelop the Property for a mixed use project consisting of approximately 1,500 square feet of retail space on the first floor along Essex Street and a total of twenty (20) residential apartment units, ten (10) of which will be located within the framework of the existing building and ten (10) within a new three and a half story addition to be constructed on top of the building. Under Section 5.1.9 of the Zoning Ordnance, the 10 units in the existing building are allowed to have one parking space per unit and the 10 units in the new building are required to have one and a half parking spaces per unit, bringing the total required spaces to twenty-five (25). There will be a total of twelve covered parking spaces located on the first floor behind the retail space and the Applicant had proposed to procure the remaining spaces in an off-site facility in order to comply with the parking requirements of one and a half spaces per unit. The plans for this project have been approved at the schematic level by the Salem Redevelopment Authority and the Design Review Board and have been submitted to the Planning Board for Site Plan Review.As part of these reviews, and given the location of the Property in the downtown and close to public transit, it was recommended that the Applicant reduce the required parking by seeking relief from the Zoning Board of Appeals. Accordingly, the Applicant is requesting relief to reduce the parking spaces required under Section 5.1.9 for the entire project to a one-to-one ratio which would result in a total of twenty spaces, twelve of which would be on site and remaining eight in an offsite facility. Further, the Applicant is requesting that this Board grant a variance from the requirement in Section 5.1.9(d)that the offsite spaces be located in a facility that is within 1,000 feet of the Property. In this case, the Applicant is proposing to purchase additional parking at the Museum Place parking garage which is approximately 1,200 feet from the Property. There are special conditions that affect this Property that do not affect most other properties in the B-5 zoning district. This Property occupies a very prominent location at the entrance to the City center. It was important to the Salem Redevelopment Authority that the proposed building be a strong presence. For this reason, the SRA urged the Applicant to create a large enough new structure to anchor the corner. The size of the proposed structure in turn dictated a certain number of units and a corresponding number of spaces to comply with zoning. In addition, it was equally important to maintain a retail presence in this location, which limited the number of parking spaces available at the ground level. Lastly, the Property is one of very few in the B-5 zoning district that is not within 1,000 square feet of a municipal facility. Based on these special conditions, the literal enforcement of the parking requirements mentioned above would create a hardship by forcing the Applicant to reduce the building to a significantly smaller scale in order to comply with the requirements or alternatively eliminating the retail component to provide more parking. Neither of these options were viewed favorably by the SRA or DRB. It is also important to note that the proposed project complies with the dimensional of the of the Zoning Ordinance in all respects, including height, lot coverage, and lot area per dwelling. The idea of reduced parking requirements is consistent with the B-5 zone, so the relief proposed could be granted without sustained detriment to the public good and without detracting from the intent of the Ordnance. ITALES EATi-IK'�Il HE "N REQUEST FOR LEGAL NOTICE Payment is required at the time of the legal notice being received by the city and before it is published in the newspaper.An email will be sent to you with the cost. Payment by credit card is preferred. Prepaid cost required to run the ad:$540. $270 per day x two(2)days=$540 ***Im op rtant:Average legal notice costs are estimated;customers paying by check will be refunded if the legal ad is less than the deposit amount. If paying by check, please make checks payable to THE SALEM NEWS and mail to: City of Salem Dept.Of Planning and Community Development Co:ZBA 98 Washington St 2Id Floor Salem,MA 01970 Please choose and check one of the boxes for payment option: ❑Check# (attach check) ❑Credit Card—Must call Salem News legal notice clerk at 978-675-2710 If payment is not received,the legal notice may be cancelled. I understand that by signing this form,I am agreeing to the cost of the legal notice to be published in the newspaper. Scott Grover Signed Applicant/Authorized Agent Print Name: Scott Grover Address: 27 Congress Street, Suite 414 Salem, MA 01970 Email: smgranese@tintinavins.com Phone: 978-745-8065 Date: 11/21/23 �coNwr,� O p A. C City of Salem, MA $252.25 Paid via E-Check acct. ending in 3973 Thanks for using the Online Service Center Zoning Board of Appeals Application #ZBA-23-37 November 21, 2023 Commercial Fee $250.00 Processing Fee $2.25 Total Paid $252.25 Powered by the ViewPoint Cloud platform Receipt number#298458