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Statement of grounds_hardship REVISED 4.5.24 STATEMENT OF GROUNDS FOR SPECIAL PERMIT AND VARIANCES FOR 23 GLENDALE STREET SALEM Background: FJ Dion Yacht Yard has owned and operated its boat yard, marina and associated business offices at the 2+/- acre site at 23 Glendale Street, Salem for about 100 years. This constitutes a non-conforming but legally grandfathered use in this R-1 zoning district. The structures and improvements on the property include a small office building, several large industrial sheds that are used for off- season boat storage and large cranes and associated equipment for the launching and pulling out of large yachts seasonally. The applicant seeks ZBA approval to demolish several existing and connected industrial sheds, and replace them with a single larger steel-framed structure, which will enhance and modernize and improve the Petitioner's operations. THE GROUNDS FOR THE SPECIAL PERMIT REQUESTED ARE: Because the effect of this project is to enlarge an existing non-conforming structure (commercial shed) and use (operation of yacht yard), relief is sought under Zoning Ordinance Section 3.3.2 (1) which allows the Board to approve an extension and enlargement of the existing yacht-yard use. The specific grounds for granting the Special Permit are: This proposed change will not be substantially more detrimental to the neighborhood because: a. There will be no change in the use and operations of the yacht yard. b. adequate on-site parking will be available, so there should be no material increase in the number of vehicles in the neighborhood or on the street. c. All necessary municipal utilities already serve this property and are adequate for the yacht yard use. d. This work should have no significant impact upon the natural environment because the existing dilapidated sheds will be replaced by a new and modern structure with no significant increase height in feet in basically the same location. e. Because the yacht yard has operated on the same site for about 100 years, and the new shed will basically replace older sheds in the same location, there will be no negative impact upon the neighborhood's character. f. The new construction will result in an increased real estate tax assessment and add positively to Salem's tax base and income. It will also generate new jobs during construction. THE GROUNDS FOR THE VARIANCES REQUESTED ARE: Petitioner seeks a Variance under from Section 4.1.1 (Dimensional Requirements) to allow the existing nonconforming lot coverage ratio of 40.8% to be increased to 48.8%, where the maximum in this R-1 District is 30%, and a Variance from Section 4.1.1 (Dimensional Requirements) to allow the building to extend an additional 16 feet along the existing set-back line of 5 feet, where the required rear set back is 30 feet. The grounds for these Variances are: (a) There are unique conditions in the soils topography of this property immediately adjacent to the ocean, and because the property is used to store, and launch large yachts and remove them from the ocean, including the unique positioning of large cranes adjacent to the ocean, permanent large launching ramps and machinery are required to be located where they are to function, the size and location of shed structures to operate the business, and the need to maintain large areas of open space on the property to move yachts in and out of the yard, all require the sheds to be located in the existing locations at the edges of the property. (b) While one or another of these circumstances may affect some other properties in the neighborhood, the cumulative effect of all these factors on the petitioner's property are unique, and the enforcement of the existing dimensional regulations in this R-1 District would constitute a substantial hardship, financial and otherwise, for the owner. (c) The existing circumstances result from many permits and approvals by the City to allow the yacht yard to be constructed and operate this good and substantial business that is highly consistent with and historically part of the yachting and ocean-faring history of Salem for many hundreds of years. (d)The existing sheds are inadequate for the Petitioner to operate it business successfully, and denial will be a great hardship to the Petitioner, financially and otherwise. For all of the reasons above, the Board may conclude that it is in the interest of the City and its citizens to approve this petition, and that approval will not be detrimental to the purposes of the Zoning Ordinance, and will not be more detrimental that the existing conditions to the neighborhood.