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284 Washington Street Statement of Grounds and HardshipCity of Salem Zoning Board of Appeals 93 Washington Street Salem, MA 01970 STATEMENT OF GROUNDS FOR SPECIAL PERMIT AND VARIANCE FOR 28 WASHINGTON STREET This Application requests that the Board issue a Special Permit per Section 9.4.2 and Section 3.3.2 of the Salem Zoning Ordinance for the purpose of splitting the use of a legal nonconforming office property in the R-3 zone into while allowing for a multifamily residence in the rear of said unit. This Application further requests that the Board issue a Parking Variance under Section 9.3.2 and Section 5.1.8 of the Salem Zoning Ordinance for the purpose of allowing the continued use of the current allotted parking spaces where the requirements for a dwelling unit and business office are not met. Factual Background: The property is located in the R-3 Zoning District and consists of a legally nonconforming office space on the first floor (“Unit 1”) where the Applicant runs her counselling business and two residential units on the second floor (“Unit 2A” and “Unit 2B”) where the Applicant also owns Unit 2A. The Applicant purchased the building in 2003 and subdivided it in 2006 to create the two upstairs units. The layout of Unit 1 was such that a commercial office space was then-existing in the front half of the building where the Applicant currently runs her business, and a residential unit complete with kitchen, bathroom, and utilities was also then-existing in the rear half of the building. The spaces have separate entryways and are divided by a wall and door. In 2015, the Applicant made minor renovations to the rear half of the unit and received approval from the Board of Health, obtaining certificates of fitness ever since. Applicant also states that she was informed at this time by the Building Department that a Building Permit was not necessary so long as the door in between the spaces remained locked. Based on a complaint to the Building Department, Applicant received a Building Department inspection in March, 2024, followed by a notice to disassemble the rear unit in May of the same year. Applicant had the tenants in the rear unit vacate and has not rented since. She now seeks approval begin using the rear space for residential purposes. Special Permit Grounds for Relief: The specific grounds for granting the Special Permit are that this proposed change will not be substantially more detrimental to the neighborhood than the existing condition of the property, taking into account the following factors: a) This proposal fills a community need for additional housing. Salem has an urgent need for new, adequate, and safe housing, and the Applicant’s proposal well help to alleviate this need. b) Traffic flow and safety, including on-site parking needs, are met with the current available parking. Of the five parking spaces at the rear of the building, three are already deeded to Unit 1, while one each is deeded to the upstairs units. c) Adequate public services and municipal utilities are already existing on-site and usage will not be increased. d) As there will be no changes to the footprint of the building or additional construction, there will not be any significant impact upon the natural environment or surface water drainage. e) Because the proposal seeks to bring the property closer to the underlying residential zoning district, and because the neighborhood around Lafayette Park consists of numerous multifamily apartment buildings and small office spaces, there will be no negative impact to the existing character of the neighborhood. f) The proposal will likely create a positive fiscal impact for the City through taxes generated by the additional residence. Variance Hardship: Parking Variance Section 5.1.8 of the Salem Zoning Ordinance requires 1.5 parking spaces per dwelling unit for residences in the R-3 district as well as one parking space per employee for business offices. This proposal seeks to create a situation such that there would be three dwelling units and one business office with two employees (the Applicant and her office manager). As such 6.5 parking spaces would be required where only 5 currently exist. This request is supported by the fact that there are special conditions and circumstances especially affecting the land and building but not generally affecting other lands and structures in the same zoning district. This building was constructed in about 1915 and thus predates the current zoning standards for parking. The size of the building of roughly 1,300 square feet upon the roughly 4,966 square foot lot leaves very little room to add additional parking space without conducting substantial site work, including excavation of the retaining wall re-grading of the pavement, and/or encroaching on the abutting buildings. These existing soils conditions and topographical features of the property will create a substantial hardship, including great expense to the Applicant if the zoning requirement to provide 6.5, or an additional two parking spaces in compliance with the current parking space size and design requirements are enforced against the Applicant. The relief requested will create an additional residential dwelling unit, more conforming with the underlying zoning district, while still providing an on-site parking space for each dwelling unit associated with the property, which is more parking than exists at many residential properties in the older and densely populated areas of the City, like this one. Lot Area Per Dwelling Unit Variance Section 5.1.8 of the Salem Zoning Ordinance requires 3,500 square feet per dwelling unit. The lot located at 284 Washington Street is approximately 4,966 square feet so. With the existing two units, there is currently 2,483 square feet per dwelling unit. The proposed third dwelling unit would come out to approximately 1,655 square feet per dwelling unit, for which a variance is herein requested. The Applicant do not propose expanding the building footprint in connection with the additional unit. The proposed lot areas per dwelling unit is consistent with the general character and density of development in the neighborhood. The soils conditions, topography and small existing lot size are the conditions that create a substantial hardship to the applicant if this requirement of the Ordinance is enforced and prevents the additional dwelling unit. The addition of a safe and code- compliant dwelling unit is consistent with the needs of the City, and the granting of this variance will not derogate from the intent of the district or purpose of the zoning ordinance. For these reasons, granting the variance may be granted without substantial detriment to the public good, and will not derogate from the intent of the district or purpose of the zoning ordinance. WHEREFORE, the Applicant respectfully requests approval of the specified relief.