138 BRIDGE STREET - ZBA i
�oNu1r. CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
1 20 WASHINGTON STREET, 3RD FLOOR
z1 Q SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595
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FAX 978-740-9846 Z .¢ � � C8 a(. Q1
KIMBERLEY DRISCOLL _.
MAYOR
M
C�1 y Cur'
February 28, 2011 '
Decision
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City of Salem Zoning Board of Appeals
Petition of RICARDO GARCIA requesting Variances from lot area per dwelling unit
and from parking requirements in order to renovate and convert the existing single-
family house on the property located at 138 BRIDGE STREET to a two-family house
(R-2 Zoning District).
A public hearing on the above Petition was opened on February 16 2011,pursuant to Mass
General Law Ch. 40A, § 11. The hearing was closed on February 16, 2011 with the
following Zoning Board of Appeals members present: Elizabeth Debski (chairing the
meeting),Richard Dionne, Rebecca Curran, and Bonnie Belair (alternate).
Petitioner seeks Variances pursuant to Sections 4.1.1 (Table of Dimensional Requirements)
and 5.1 (Off-Street Parking) of the City of Salem Zoning Ordinances.
Statements of fact:
1. Louis P. Izzi,Esq. represented petitioner Ricardo Garcia at the hearing.
2. In a petition date-stamped December 28, 2010, petitioner requested Variances from
lot area per dwelling unit and parking requirements in order to convert the existing
single-family house on 138 Bridge Street to a two-family house.
3. Two residents submitted letters opposing the petition because the project did not
include any parking.
4. At the hearing,Attorney Izzi stated that he had obtained a commitment for an 8-
foot wide, 71-foot long easement from the Trustee of 136 Bridge Street,Mr. Richard
G. DiGirolamo, Esq., for vehicular passage,allowing access to a parking area on the
site at 138 Bridge Street. Mr. Izzi presented a letter to the Board signed by Mr.
DiGirolamo indicating his intent to convey this easement.
5. Attorney Izzi stated that the parking spaces created would not conform to the
Zoning Ordinance, and relief would still be needed to allow these spaces. The
spaces would be only 8 feet wide, and backing out onto Bridge Street would be
necessary.
6. At the hearing, Steve Smith, 140 Bridge Street, spoke in support of the project, but
asked that gutters be installed on the roof to prevent water leakage into his house.
2
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. Desirable relief may be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent or
purpose of the zoning ordinance.
2. The applicant may vary the terms of the Residential Two-Family Zoning
District to allow for the renovation as proposed, and mayvary the terms of
off-street parking regulations.
3. In permitting such change,the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
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. Variances from lot area per dwelling unit and off-street parking requirements
are granted.
In consideration of the above, the Salem Board of Appeals voted, four (4) in favor(Curran,
Debski,Dionne and Belair) and none (0) opposed,to grant petitioner's requests for
Variances,subject to the following terms, conditions, and safeguards:
1. Petitioner shall comply with all city and state statutes, ordinances,codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted to
and approved bythe Building Commissioner.
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. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to,the Planning Board.
8. Unless this Decision expressly provides otherwise, any zoning relief granted
does not empower or authorize the Petitioner to demolish or reconstruct the
3
structure(s) located on the subject property to an extent of more than fifty
percent (50%) of its floor area or 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 conformitywith the
provisions of the Ordinance.
9. Petitioner shall secure an easement to allow for parking on the site, as
described in the letter signed by Richard G. DiGirolamo dated February 16,
2011.
10. Gutters are to be installed on the roof to prevent runoff into the house
located on 140 Bridge Street.
�Elizbeeth Des i / X
Salem 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.
t
02/16/2011 14:24 6177765435 DIGIROLAMO LAW PAGE 02/02
PIRON <W6D>FEB 16 2011 t3:64I8T. 10:64/No.7x20100108 P t
BELL & I22I, LLC Lawyers
Robert L.Bell.Jr. Telephone 781.665-3360
Louis P.Uzi Facsimile 781.665-1341
February. 16,2011
VIA EMAIL&FACSIMLE
617-176-5435
Richard G.DiGirolamo,Esquire,Trustee
R&RTrust
c%424 Broadway
Somerville,MA 02145-2619
RE: Our Client; Richard Garcia(,Buyer)
Locus: 138 Bridge Street,§alem,MA
Dear Attorney DiGirolamd:
Please allow this correspondence to confirm our conversation wherein you
agreed, for consideration as negotiated,as Trustee of the R&R Trust(owner of 136
Bridge Street, Salem,MA)to grant a non-exclusive easement to my client(conditioned
upon receipt of necessary zoning approval and his acquisition of the above referenced
property) and his successors and/or issigns,for the pedestrian and vehicular passage and
re-passage on and across a certain portion of your land beginning at Bridge Street and
running Northerly approximately 71.25 feet(along the Westerly bbundary with 138
Bridge Street)and being approximately 8-feet in width. The intent of the aforesaid
easement is to permit pedestrian and vehicular access for the owners and occupants of
138 Bridgb Street to the rear of said property for parking purposes and to provide for the
continued vehicular and pedestrian access for-the owners and occupants of 136 Bridge
Street to the rear of said ptemises.
Please countersigned below. Tbm*you,
eTy
s
LPI:Imd
1,Richard G.DiGrolamo, Trustee of & ru a gree to o ' ng.
Rle ar rro ee k
70 West Poster Street.Melrose,Massachusetts 02176
Page 1 of 1
Danielle McKnight
From: Michael Sosnowski [michaelsosnowski@verizon.net]
Sent: Wednesday, February 09, 2011 4:46 PM
To: Danielle McKnight; agoldman@sh-e.com; Amy and Sean McKeehan; ksemons@yahoo.com; Bill
Johnson; 'Brian and Theresa L'Italien'; Brian Minich; Chris Ewart; Clippership Inn- Suzanne
Sullivan; Dave Mendell; Debra Kirchheimer; Diane Filtrante; Doug Sabin; 'Ed Purtz';
emeraldolphin1996@yahoo.com; 'George Fallon'; 'Gretchen Clark'; Gus Sousa 3rd;
HUTCH429@aol.com; Jimmy Tsitsinos @ Damatas; Jodi Ross; John Robinson;
kkilker@msn.com; Kris and Paul Guido; Lance Kasparian; leslieb_salem@hotmail.com; Lore
Cody; Marlene and Marc Schaedle; McKeehan, Amy; Rob Liani; Sam Robinson;
'Sandra,Raymond Roberts'; 'Scott and Valerie Hiltunen'; Ward 2 Club; Ziggy's John and Patty
Subject: FW: Board of Appeals agenda 2/16/11
Attachments: 2-16-11 - Board of Appeals agenda.doc
Hello All,
Last week I received a call from the lawyer representing the project at 138 Bridge Street.
After listening to his point of view I told him that I absolutely DO NOT SUPPORT his petition.
There is no parking at all for a one family never mind a two family.
Danielle,
Can you please relay my opinion to the ZBA as I can not be there because of conflicts with other
meetings that night.
Thank You
Mike
Michael Sosnowski -
Councillor Ward Two
17 Collins St, Salem, MA
(0)978-745-6182
michaelsosnowski@verizon.net
From: Danielle McKnight [mailto:dmcknight@Salem.com]
Sent: Wednesday, February 09, 20113:12 PM
To: City Councilors; Jason Silva; Cheryl LaPointe; Lynn Duncan
Cc: Thomas Stpierre
Subject: Board of Appeals agenda 2/16/11
Please find attached the ZBA agenda for 2/16/11.
Danielle McKnight
Staff Planner
Department of Planning and Community Development
City Hall Annex
120 Washington Street
Salem, MA 01970
(978) 619-5685
c1mcknight(@salem.com
2/10/2011
138 Bridge Street, Salem-Petition for Variance Page 1 of 2
Danielle McKnight
From: Louis P. Izzi, Esq. [Ipi@bellandizzilaw.com]
Sent: Wednesday, February 16, 2011 4:31 PM
To: Michael Sosnowski
Cc: Danielle McKnight
Subject: 138 Bridge Street, Salem-Petition for Variance
Good Afternoon Mr. Sosnowski:
I left a voice mail message for you a short while ago but in an effort to try to communicate prior to the
hearing this evening, thought that an email may be reach you.
You may recall that we spoke some time ago regarding my clients request for variance(s) pertaining to
the above referenced property. As you know, the property is in deplorable condition, having been
neglected for many, many years. It has been marketed for sale by the Administrator of the Estate of
William Paradise for in excess of two years. My client has been the only potential buyer willing to take
on the very large task and significant risk associated with renovating this property. The City of Salem has
effectuated a tax taking of this property due to the significant sum (approximately$80,000) owed for
nonpayment. In addition, it is also my understanding that as of this past Monday, the building has been
condemned by the building inspector. As one of your constituents has appropriately observed, this
property is a "blight" upon the neighborhood. My client is seeking to rectify that situation.
At the time of our last conversation, you indicated that you were unable to support my client's request
(s) due to the inadequacy of off street parking. You did, however, indicate that you would be receptive
to entertaining additional information regarding the petition. Although we had made efforts to secure
off-street parking prior to the submission of our Petition, our efforts were renewed after that
conversation and we have spent the past several days (nearly two weeks) negotiating a resolution_ with
the property owner of 136 Bridge Street. This has been done through great effort and significant
expense of my client. The result, however, is that as of today, we have obtained a commitment for the
granting of an easement across the adjacent property located at 136 Bridge such that my client will be
able to have vehicular access to the rear of 138 Bridge. This access will allow the configuration of 3 off
street parking spaces for 138 Bridge Street, thereby improving the current nonconformity of a
grandfathered single family home with no off street parking and bringing the same into compliance with
with current zoning by providing 3 spaces for a two family dwelling. While there are other issues,from
your comments and those of at least one neighbor, this is the most significant challenge facing our
request for variance(s).
Given this fact and the commitment of my client(financial and otherwise) to the success of this project,
it is our hope that you will see fit to support his efforts to renovate and convert this dangerous dwelling
into a well renovated, tax producing property. I am sorry that this was not accomplished in time for us
to discuss these developments prior to the hearing tonight but our negotiations lasted through much of
the day. Please share this news with whomever you believe may be interested in learning of this
positive change to our request.
I hope that I have the opportunity to meet you this evening and I thank you for your attention.
Louis P. Izzi, Esq.
Bell & Izzi, LLC
2/17/2011,
Page I of 1
Danielle McKnight
----------------
From: Alyssa Jones [lyss]1@gmail.com]
Sent: Wednesday, January 19, 2011 2:40 PM
To: Danielle McKnight
Subject: Regarding 138 Bridge St to be discussed at this evenings Zoning Board of Appeals meeting
Dear Danielle McKnight,
I work in Boston and won't be able to make it back to Salem in time for this evenings Zoning
Board of Appeals meeting.
I am a resident of Northey St. and received notice that Ricardo Garcia is requesting a variance to
convert an existing single family house at 138 Bridge St. to a two-family house.
I need to express my concern regarding this conversion.
Unless a satisfactory plan is presented to accomodate parking for both units, I cannot support this
conversion.
Parking on Northey Street is already tight and Bridge Street does not offer parking in this section
of the street. While parking on Northey is permit only, that does not stop parties who live on
Bridge Street from parking on Northey without a parking permit. Unfortunately, the permit
parking is rarely enforced (another issue to take up with the city) but residents of Northey should
not have to worry about cars from other streets displacing the cars belonging to actual residents
o'f the street whether or not it is permit parking.
Please do not let the argument that Northey St. is permit so the residents of 138 Bridge cannot or
will not park on Northey St. It is a false argument as residents of Bridge St. already park on
Northey St.
I am torn because this property is a blight on the neighborhood and I would like to see it
improved.
Many of us on Northey St. have worked very hard to improve our properties and the quality of
life on this street and in our neighborhood. Part of that quality of life includes coming home from
along day of work and being able to part in front of or near our homes.
If there is not a satisfactory plan to accomodate for parking, I cannot support the conversion.
Sincerely,
Alyssa Jones
Resident, Northey St.
LI
9/2011
Re: ZBA agenda Page 1 of 1
Danielle McKnight
From: Louis P. Izzi, Esq. [Ipi@bellandizzilaw.com)
Sent: Wednesday, January 19, 2011 2:39 PM
To: Danielle McKnight
Subject: Re:ZBA agenda
Ms. McKnight:
Further to our conversation of this afternoon, please allow this email to confirm that, under the
circumstances, my client would prefer and has requested that his Petition be continued to the next
hearing on February 16, 2011.
Thank you very much for your assistance.
Louis P. Izzi, Esq.
c
Bell & Izzi, LLC
70 West Foster Street
Melrose, MA 02176
Tel. 781.665.3360
Fax 781.665.1321
STATEMENT OF CONFIDENTIALITY
The following electronic transmittal and any attachments are intended only for the use of the individual
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On 1/18/112:56 PM, "Danielle McKnight" <dmcknight@Salem.com>wrote:
Mr. Izzi,
The agenda is attached. I also unfortunately found out today that we will only have four
members attending tomorrow's meeting. This is enough to hear a petition, but you would
need a unanimous vote. If you wish to go ahead with four, that's fine, and you also have the
option to continue if you prefer.
Danielle McKnight
Staff Planner
Department of Planning and Community Development
'City Hall Annex
120 Washington Street
Salem, MA 01970
(978)619-5685
dmcknight(( salem.com <mailto:dmcicnight(d),salem.com>
1/19/2011