92 BRIDGE STREET - ZBA -� 2
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ONDIT'ga CITY OF SALEM9 MASSACHUSETTS
BOARD OF APPEALF� _ --
120 WASHINGTON STREET, 3RD FLOOR �- -
- SALEM, MASSACHUSETTS O 1970
TELEPHONE: 978-745-9595
W� FAX: 978-740-9846
KIMBERLEY DRISCOLL
MAYOR O .n�rl-+
L,J
January 31, 2008
Decision
City of Salem Zoning Board of Appeals
Petition of David Pabich seeking a special permit to expand an existing
non-conforming use and structure by constructing a 22' x 23' 117'
second story addition at the rear of 92 Bridge Street [R-2].
A public hearing on the above Petition was held on January 16, 2008 pursuant to Mass
General Law Ch. 40A, §§ 11 with the following Zoning Board members present: Robin
Stein, Elizabeth Debski, Rick Dionne, Bonnie Belair, and Rebecca Curran. (Absent:
Annie Harris).
Petitioner seeks special permit pursuant to Art. V § 5-3 0) of the Salem Zoning
Ordinance to alter an existing non-conforming use and structure.
Statements of fact:
1. Attorney George Atkins presented the petition for the property owned by Renewal
Real Estate LLC at 92 Bridge St [R-2].
2. A statement of grounds, a lot layout plan, and elevations accompanied the
petition.
3. The petitioner recently purchased 92 Bridge Street; the building had previously
been functioning with nine (9) units, but is recognized by the City of Salem as a
grandfathered eight (8) family.
4. There are currently five (5) studio apartments and four(4) one bedroom
apartments. The petitioner is proposing to construct a 22' x 23' 11” second story
addition (-520 sq ft) at the rear of the property in order to reconfigure the
building's layout into eight (8) one bedroom units.
5. The petitioner expects the impact on the character of the neighborhood to be
positive; in his experience, one bedroom units tend to attract professionals who
may be less transient than those seeking studios.
6. The building will continue to serve a need for housing, but will conform to the
currently recognized legal number of units.
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7. The addition will allow for the reconfiguration of the second means of egress for
the third and floor units. This will have a significant positive impact on safety.
8. The Building Inspector said the footprint is slighting changing due to the second
means of egress, though this change does not encroach on setback requirements.
9. Since construction is almost entirely within the existing building footprint, the
proposal will not effect the environment or drainage.
10. Traffic flow and safety will be unchanged, as the lot has adequate parking for
eight cars. The Building Inspector is of the opinion that additional parking
requirements would not be triggered by this petition, and that it would only be
triggered by the addition of units.
The Board of Appeal, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the plans and petition submitted, makes the
following findings:
1. The proposed addition is reasonable and will allow for improvements to-the
property without being substantially more detrimental to the neighborhood than
the existing nonconforming use.
2. The special permit may be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent or purpose
of the Salem Zoning Ordinance
On the basis of the above findings of fact and all evidence presented at the public hearing
including, but not limited to, the Plans, Documents and testimony, the Zoning Board of
Appeals concludes:
1. To allow for the addition, the special permit may be granted under § 5-3 (j)
Extension of nonconformity in accordance with the procedures and conditions set
forth in sections 8-6 and 9-4 of the Salem Zoning Ordinance.
2. In permitting such change, the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor (Robin
Stein, Elizabeth Debski, Rick Dionne, Bonnie Belair, and Rebecca Curran) and none (0)
opposed, to grant petitioner's request for a special permit subject to the following terms,
conditions, and safeguards:
1. Petitioner shall comply with all city and state statues, ordinances, codes, and
regulations.
2. All construction shall be done as per the plans and dimensions submitted to and
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approved by the Building Commissioner.
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3. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing
structure.
6. A certificate of occupancy is to be obtained.
7. Unless this decision expressly provides otherwise, any zoning relief granted does
not empower or authorize the petitioner to demolish or reconstruct the structure(s)
located on the subject property to an extent of more than fifty percent (50%) of its
replacement cost at the time of destruction. If the structure is demolished by any
means to an extent of more than fifty percent (50%) of its replacement cost or `
more than fifty percent(50%) of its floor area at the time of destruction, it shall
not be reconstructed except in conformity with the provisions of this Ordinance.
Ro m Stein, Chair
Salem Zoning Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal from this decision,if any,shall be made pursuant to Section 17 of the Massachusetts General Laws
Chapter 40A,and shall be filed within 20 days of filing of this decision in the office of the City Clerk.
Pursuant to the Massachusetts General Laws Chapter 40A, Section 11,the Variance or Special Permit
granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has
been filed with the Essex South Registry of Deeds. p
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92 BRIDGE ST
MAP 36 PARCEL 121
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BRIDGE ST
Special Permit - Lot Layout Plan 92 Bridge Street, Salem MA Renewal Real Estate LLC
December 5, 2007
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XISTING FIRE ESCAPE
STRUCTURE TO BE REMOVED
AND REPLACED
-EXISTING DOOR AND
STAIRS TO BE REMOVED
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NORTH ELEVATION - EXISTING WEST ELEVATION - EXISTING SOUTH ELEVATION - EXISTING
q� PROPOSED SECOND MEANS OF EGRESS
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NORTH ELEVATION - PROPOSED WEST ELEVATION - PROPOSED SOUTH ELEVATION - PROPOSED
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Special Permit - Elevations 92 Bridge Street, Salem MA Renewal Real Estate LLC
December 5, 2007