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16 Loring Avenue Grounds for Relief STATEMENT OF GROUNDS FOR VARIANCE AND SPECIAL PERMIT FOR 16-18 LORING AVENUE INTRODUCTION This Victorian building was constructed in 1894. Sometime after the Great Salem Fire of 1914, large amounts of soils fill from the area of the fire were transported to this site. A 6-bay concrete garage with a concrete slab roof and concrete side walls were constructed at the rear of the property, along what is now Charles Street, and the soils fill was then added on top of the garage and to fill in the lot along the side walls in order to raise the grade of the back yard, approximately 32 feet, to approximately the grade of the structure. This garage, the concrete retaining walls and the filled back yard existed when the applicant purchased the property in 1962 and remains today. The applicant and her deceased husband, Walter B. Power, III raised their family on the property, and applicant Sandra Power has lived there ever since. After acquiring the property, considerable repair has been needed to maintain the integrity of both the garage and the retaining walls. Periodic water drainage problems necessitated the installation of drainage above the garage to control the flow of water and extend the life of the basin. Water leakage into the garage required repairs in 2015 at a cost of over$40,000, with more repairs expected in the near future. And engineers were hired to reinforce and support the walls around the property, which is an ongoing process that must be revisiting from time to time. The condition of the soils and retaining walls at the property create a hardship to the applicant, economic and otherwise, and cause the applicant to incur substantial additional expense to control water drainage that are unique, and not generally common to or suffered by other properties in the neighborhood. Because these circumstances are unique to this property, and it is in the interest of the City and the neighborhood that this property be maintained and its drainage problems be controlled, the granting of this variance will not be detrimental to the neighborhood and will not derogate from the intent of the Zoning Ordinance. 10/19/1978 Decision By prior Decision of this Board dated Oct. 19, 1976 the Power family was granted a Variance to add a fifth apartment to the structure. Now, in 2024, the family seeks approval to add a 61h apartment that can be accommodated within the existing structure with legally compliant on- site parking with 9 parking spaces. On May 10, 2022 the Board did actually approve Decision for the same relief sought here, but the variance contained therein expired by law after 1 year, on or about May 9, 2022 because the applicant did not begin construction or seek and extension. It is now too late for an extension, so the applicant is filing this new petition seeking the same variance and special permit granted in 2022. There have been no changes to the structure or site in the meantime. The only change from the plans approved in 2022 is that the applicant will add sprinkler and fire alarm systems throughout the structure,the outdoor 3-story stairway is no longer legally required, and that has been eliminated from the design, and is replaced by two second=story outdoor decks that extend the same 8-foot distance towards the rear of the property. GROUNDS FOR VARIANCE The Shape and Topography of the Parcel This parcel is about twice as large as others in the neighborhood, and "fronts" on two public streets, Loring Avenue and Charles Street. The structure located on the high spot of the property and the land slopes back to the rear. The parcel is broadest along Loring Avenue and narrows towards the rear of the property. The rear of the property is at least 15 feet above the grade of Charles Street, and contains an unusual underground concrete 5-bay concrete garage structure that makes access to the site from Charles Street, whether to aid in construction or otherwise, impossible. These are circumstances unique to the property, and not to the other properties in the neighborhood and constitute a hardship to the applicant, financial and otherwise. For reasons stated above, the granting of this relief can be granted without detriment to the neighborhood, and without derogation from the intent of the Zoning Ordinance. Preservation of the Existing Historically Significant Structure Unusual existing buildings that are structurally sound, have remaining value and are not well suited to conforming use (here, the conforming uses would be 1- or 2-family uses) are sufficient, apart from all other considerations, to establish uniqueness of the property to support the granting of a variance. Johnson v. Bd. of Appeals of Wareham, 360 Mass. 872, 873 (1972). This structure is a very large 3-story wood clad Victorian-style dwelling containing about 25 rooms, which was constructed circa 1894 according to the signage provided by Historic Salem, Inc. (see copy attached). It's existence and maintenance are important elements of the residential and historic character of the neighborhood. The structure was originally constructed and used as a duplex residence, with two front entrances, a 2-story townhome on each side, and maid's quarters on the third level above each. SOIL & RETAINING WALL CONDITIONS This Victorian building was constructed in 1894. Sometime after the Great Salem Fire of 1914, large amounts of soils fill from the area of the fire were transported to this site. A 6-bay concrete garage with a concrete slab roof and concrete side walls were constructed at the rear of the property, along what is now Charles Street, and the soils fill was then added on top of the garage and to fill in the lot along the side walls in order to raise the grade of the back yard, approximately 32 feet, to approximately the grade of the structure. This garage, the concrete retaining walls and the filled back yard existed when the applicant purchased the property in 1962 and remains today. The applicant and her deceased husband, Walter B. Power, III raised their family on the property, and applicant Sandra Power has lived there ever since. After acquiring the property, considerable repair has been needed to maintain the integrity of both the garage and the retaining walls. Periodic water drainage problems necessitated the installation of drainage above the garage to control the flow of water and extend the life of the basin. Water leakage into the garage required repairs in 2015 at a cost of over $40,000, with more repairs expected in the near future. And engineers were hired to reinforce and support the walls around the property, which is an ongoing process that must be revisiting from time to time. The condition of the soils and retaining walls at the property create a hardship to the applicant, economic and otherwise, and cause the applicant to incur substantial additional expense to control water drainage that are unique, and not generally common to or suffered by other properties in the neighborhood. Because these circumstances are unique to this property, and it is in the interest of the City and the neighborhood that this property be maintained and its drainage problems be controlled, the granting of this variance will not be detrimental to the neighborhood, and will not derogate from the intent of the Zoning Ordinance. GROUNDS FOR SPECIAL PERMIT Approving the petition will not be substantially more detrimental than the existing nonconforming use and that any adverse effects of the proposed use wilt not outweigh its beneficial impacts to the City and the neighborhood because: 1. Social, economic and community needs are served because the City needs additional housing units in safe and code-compliant structures, and this proposal will improve petitioner's financial ability to make structural maintenance and improvements now and in the future. 2. Traffic flow and safety, including parking and loading, are well served by the design and legally compliant number of parking spaces as shown on the ZBA Plan. 3. Public utilities and public services already exist and are adequate to serve the property as proposed. 4. As there wilt be no substantial exterior changes to the structure, and no increase in its footprint,there will be no additional surface water run-off and negative impacts on drainage, 5. The historic design and exterior materials are being maintained, so there should be no negative impact on the residential and historic character of the neighborhood. 6. There wilt be a positive financial impact on the City tax base and employment because adding a unit wilt increase the real estate tax assessment of the property,yielding more tax revenue to the City,and construction jobs will be added during the construction and services proposed. CONCLUSION For all the reasons cited above,the Petitioner respectfully requests approval of all relief requested in her petition.