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1-3 COLLINS STREET - ZBA Co��a15 • I f Zoning Board Proiect Statin Sheet Address & Applicant: t — t C < <' a C c� \ hS S �- DateeSubmitted to BOA: / Clerk Stamp: Variances Only - Constructive Approval Date: (100 days from filing) V Abutters List Requested: IT Abutters Notice Sent: 13/ Notice to Abutting Cities & Towns, Councillors: p/Legal Notice posted at City Hall: (14 days I)eRnr.,neeting) /Legal Notice Emailed & Confirmed: Ea/Legal Notice Posted on Web: D Agenda to Applicant_: Applicant's email address or fax number to send agenda: Opened at Meeting: Continued Meetings: Extension Form(s) Signed & Clerk Stamped? Closed at Meeting: `'j Decision: Decision Filed: 3 0 Appeal Period Over: after d '`�isi"I filed) (2751 day e Decision . Sentml) to Applicant. Notice of Decision Sent to abutters, cities and towns, councillors: f ZBA ACTION FORM B©ARD'MEIvIBERS � �K;MOTION SECOND ;UO;TE Date: Rebecca Curran (Chair) Mike Duffy Petitioner: �1;Ke f1eyQr Tom Watkins Peter Copelas Address: 3 43-J (,Ilr�s Sf�¢g) Jimmy Tsitsinos Jim Hacker(Alt.) Flo f?or 40 gkW6 f oAf , Paul Viccica(Alt.) Total: �,'D Conditions: - ❑Petitioner shall comply with all city and state statutes, ordinances,codes and regulations. ❑All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner. ❑All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. ❑Petitioner shall obtain a building permit prior to beginning any construction. ❑Exterior finishes of the new construction shall be in harmony with the existing structure. ❑A Certificate of Occupancy is to be obtained. ❑A Certificate of Inspection is to be obtained. ❑ Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall display said number so as to be visible from the street. ❑Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to,the Planning Board. ❑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 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 conformity with the provisions of the Ordinance. ZBA ACTION FORM BOARD*MEIVIBERS, t MOTIONtSECOND ,DOTE: Date: /,�JJ G�� Rebecca Curran (Chair) Mike Duffy Petitioner: Ft;k Tom Watkins C �1Cygt Peter Copelas Address: _ 3 � r (a�� Jimmy Tsitsinos �5 Jim Hacker(Alt.) Paul Viccica(Alt.) y Total• Conditions: ❑Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. ❑All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner. ❑All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. ❑Petitioner shall obtain a building permit prior to beginning any construction. ❑Exterior finishes of the new construction shall be in harmony with the existing structure. ❑A Certificate of Occupancy is to be obtained. ❑A Certificate of Inspection is to be obtained. ❑Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall display said number so as to be visible from the street. t ❑Petitioner is to obtain approval from any City Board or Commission having jurisdiction including,but not limited to,the Planning Board. ❑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 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 conformity with the provisions of the Ordinance. ❑ L/0 It- �a �- ZBA ACTION FORM BOARD,'MEM-BERS MOTIQN` ,SECOND VOTE; Date: I/20i a0((0 Rebecca Curran (Chair) Petitioner: I — 3 C--c:k SrcCO"\T)5 Tom Watkins Peter Co elas Address: Paul Viccica(Alt.) Total: p Conditions: C-7o, ❑Petitioner shall comply with all city and state statutes,ordinances, codes and regulations. ❑All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner. ❑All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. ❑Petitioner shall obtain a building permit prior to beginning any construction. ❑Exterior finishes of the new construction shall be in harmony with the existing structure. ❑A Certificate of Occupancy is to be obtained. ❑A Certificate of Inspection is to be obtained. ❑Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall display said number so as to be visible from the street. T ❑Petitioner is to obtain approval from any City Board or Commission having jurisdiction including,but not limited to, the Planning Board. ❑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 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 conformity with the provisions of the Ordinance. k ZBA ACTION FORM BOARDr LEMBERS" ` MOTIQW ,SECQND Date: J��Jl1, Rebecca Curran (Chair) Y Mike Duffy Petitioner: +gyp( T r y r Tom Watkins / C' Peter Co elan Address: 3 E� Jimmy Tsitsinos Jim Hacker(Alt.) Paul Viccica(Alt.) Total: Conditions: ❑Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. ❑All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner. ❑All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. ❑Petitioner shall obtain a building permit prior to beginning any construction. ❑Exterior finishes of the new construction shall be in harmony with the existing structure. ❑A Certificate of Occupancy is to be obtained. ❑A Certificate of Inspection is to be obtained. ❑Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall display said number so as to be visible from the street. ❑Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to,the Planning Board. ❑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 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,1 its shall not be reconstructed except in conformity with the provisions of the Ordinance. y. ❑ ❑ cD,.A�LTON �.J FINEGOLD, L.L.E Christopher R.Vaccaro 34 Essex Street Direct Dial: 978-269-6425 Andover,Massachusetts 01810 ATTORNEYS AT LAW Email: o accaro@dEllp.com Telephone: 978-470-8400 Telecopier: 978-470-8338 - February 9, 2017 C BY FEDEX Ms. Cheryl A. LaPointe �n City Clerk 3rn Salem City Hall 93 Washington Street Salem, Massachusetts 01970 Re: Notice of Answer to Zoning Appeal Truhart et al. v. City of Salem Massachusetts Board of Appeals et al (Land Court Case No. 2017 MISC 000029 (GHP)) Dear Ms. LaPointe: This office represents Michael Meyer, Trustee of 1-3 East Collins Street Realty Trust ("Meyer"), a defendant in the above-referenced zoning appeal related to Mr. Meyer's property at 1-3 East Collins Street, Salem, Massachusetts. Pursuant to M.G.L. c. 40A, Section 17, the undersigned hereby notifies you that Meyer has filed an answer in such zoning appeal, a copy of which answer is enclosed. Thank you for your attention to this matter. Ver �1ly yours Christopher R. Vaccaro Enclosure cc: Elizabeth M. Rennard, Esquire (by FedEx, w/enc.) William M. Zall, Esquire (by FedEx, w/enc.) Mr. Michael Meyer(by email, w/enc.) COMMONWEALTH OF MASSACHUSETTS TRIAL COURT ESSEX, ss. LAND COURT DEPARTMENT CIVIL ACTION NO. 17 MISC 00029 (GHP) SCOTT TRUHART, TRICIA TRUHART, ) MARY E. KNIGHT, CHARLES E. KNIGHT ) KIM B. SURLES, TIMOTHY M. CONNELL, and ) ADAM CRAIG, ) Plaintiffs,V. ) trti� CITY OF SALEM MASSACHUSETTS, BOARD ) ; OF APPEALS, and REBECCA CURRAN, PETER ) COPELAS, THOMAS WATKINS, MIKE DUFFY ) ► JAMES TSITSINOS, JAMES HACKER, and ) = ' PAUL VICCICA, as they constitute the City of ) Salem Massachusetts, Board of Appeals, and ) MICHAEL MEYER, TRUSTEE of 1-3 EAST ) COLLINS STREET REALTY TRUST ) Defendants ) ANSWER OF DEFENDANT MICHAEL MEYER TRUSTEE OF 1-3 EAST COLLINS STREET REALTY TRUST Pursuant to M.G.L. c. 40A, Section 17, the defendant Michael Meyer, Trustee of 1-3 East Collins Street Realty Trust ("Meyer")hereby answers the First Amended Complaint (the "Complaint") filed by the plaintiffs named above (collectively, the "Plaintiffs"), as set forth below. Parties 1. Meyer is without knowledge or information sufficient to form a belief as to the averment set forth in paragraph 1 of the Complaint, and calls upon the Plaintiffs to prove the same. Y 2. Meyer is without knowledge or information sufficient to form a belief as t0 the averment set forth in paragraph 2 of the Complaint, and calls upon the Plaintiffs to prove the same. 3. Meyer is without knowledge or information sufficient to form a belief as to the averment set forth in paragraph 3 of the Complaint, and calls upon the Plaintiffs to prove the same. 4. Meyer is without knowledge or information sufficient to form a belief as to the averment set forth in paragraph 4 of the Complaint, and calls upon the Plaintiffs to prove the same. 5. Meyer is without knowledge or information sufficient to form a belief as to the averment set forth in paragraph 5 of the Complaint, and calls upon the Plaintiffs to prove the same. 6. Meyer admits the averment set forth in paragraph 6 of the Complaint. 7. Meyer admits the averment set forth in paragraph 7 of the Complaint. The City of Salem Massachusetts Board of Appeals and its members are hereinafter collectively referred to as the "Salem ZBA." The decision issued by the Salem ZBA which is the subject of this Complaint is hereinafter referred to as the"Zoning Decision." A copy of the Zoning Decision is attached to the Complaint as Exhibit C thereto. 8. Meyer admits the averment set forth in paragraph 8 of the Complaint. As used in this answer, Meyer's property known as and located at 1-3 East Collins Street, Salem, Massachusetts is hereinafter referred to as the "Premises." The Premises have an area of approximately one (1) acre. 9. Meyer admits the averment set forth in.paragraph 9 of the Complaint. 2 10. Meyer admits the averment set forth in paragraph 10 of the Complaint. Answering further, Meyer purchased the Premises from the Ward II Social Club of Salem, Inc. (the "Social Club"). Meyer seeks to demolish the existing structure on the Premises, and develop an eight-unit residential project thereon, consisting of one- and two-family dwellings. 11. Meyer admits the averment set forth in paragraph 11 of the Complaint. Answering further, Rl zoning districts in Salem, Massachusetts are also known as "R-1"zoning districts. 12. The City of Salem Zoning Ordinance (the "Ordinance") speaks for itself. Otherwise, Meyer is without knowledge or information sufficient to form a belief as to the averment set forth in paragraph 12 of the Complaint, and calls upon the Plaintiffs to prove the same. 13. The Ordinance speaks for itself. 14. Meyer admits the averment set forth in paragraph 14 of the Complaint. 15. Meyer admits the averment set forth in paragraph 15 of the Complaint. 16. Meyer admits the averment set forth in paragraph 16 of the Complaint. 17. The averment contained in paragraph 17 of the Complaint sets forth a legal conclusion to which no response is required. To the extent that a response is required, Meyer denies the averment. 18. The Ordinance speaks for itself. 19. Meyer admits the averment set forth in paragraph 19 of the Complaint. 20. Meyer admits the averment set forth in paragraph 20 of the Complaint. 21. Meyer admits the averment set forth in paragraph 21 of the Complaint. 22. Meyer denies the averment set forth in paragraph 22 of the Complaint. 23. Meyer denies the averment set forth in paragraph 23 of the Complaint. 3 24. Meyer denies the averment set forth in paragraph 24 of the Complaint. 25. Meyer denies the averment set forth in paragraph 25 of the Complaint. 26. Meyer denies the averment set forth in paragraph 26 of the Complaint. 27. Meyer denies the averment set forth in paragraph 27 of the Complaint. 28. Meyer admits the averment set forth in paragraph 28 of the Complaint. 29. Meyer denies the averment set forth in paragraph 29 of the Complaint. Answering further,the Zoning Decision is based on well-reasoned legal opinions, copies of which are attached hereto as Exhibit A(collectively, the "City's Legal Opinion"). After performing their own investigation regarding the Premises and the Social Club,the authors of the City's Legal Opinion determined that the Social Club used the Premises as a legally nonconforming social club until May of 2015, when the Social Club sold the Premises to Meyer. In rendering the City's Legal Opinion, such authors relied on an affidavit of Lorraine Cody,who lived nearby the Premises and managed the Social Club's liquor license. A copy of Ms. Cody's affidavit is attached hereto as Exhibit B. 30. Meyer denies the averment set forth in paragraph 30 of the Complaint. 31. Meyer denies the averment set forth in paragraph 31 of the Complaint. Answering further, the Salem ZBA made a specific finding in the Zoning Decision that Meyer's proposed use of the Premises for housing is less detrimental to the neighborhood than the use of the Premises as a social club. The Zoning Decision states several facts in support of this finding, such as (i)Meyer's proposed residential use of the Premises "is more consistent with the surrounding neighborhood use than the existing social club and bar room"; (ii) Meyer's proposed arrangement of dwelling units on the Premises is consistent with the arrangement of dwelling units within the surrounding neighborhood; (iii) Meyer anticipates providing public access to the waterfront; (iv)Meyer intends to reduce the existing curbcut to twenty-feet, meeting the 20-foot 4 maximum curbcut for residential use; (v) Meyer's engineer testified that Meyer's project would improve drainage and reduce the impervious surface on the Premises; (vi) Meyer's project would have less density than currently exists in the neighborhood; and (vii)the potential impact of Meyer's project on the city's tax base would be positive. In addition, records maintained by the Salem Police Department show that during the years prior to Meyer's acquisition of the Premises in 2015, when the Social Club still owned the Premises,the Salem Police Department often responded to disturbances at the Premises. See Exhibit C attached hereto. After Meyer purchased the Premises,the Plaintiffs illegally parked and performed maintenance on automobiles on the Premises. 32. Meyer denies the averment set forth in paragraph 32 of the Complaint. Answering further, in rendering the Zoning Decision, the Salem ZBA found that the Premises have unique conditions when compared to other properties in the district. For example, (i) a significant portion of the Premises consists of salt marsh and coastal dune, (ii) the entirety of the i Premises is within the flood plain, (iii) the Premises are affected by a gas line easement, and (iv) the Premises are subject to state jurisdiction under M.G.L. c. 91. The Zoning Decision notes that these unique conditions "make development of the site expensive and challenging." 33. Meyer is without knowledge or information sufficient to form a belief as to the averment set forth in paragraph 33 of the Complaint, and calls upon the Plaintiffs to prove the same. 34. Meyer is unable to answer the averment set forth in paragraph 34 of the Complaint, because such averment is not a complete sentence. To the extent that the Plaintiffs aver any facts in paragraph 34, Meyer denies such averment. 35. Meyer denies the averment set forth in paragraph 35 of the Complaint. Answering further, the Plaintiffs fail to state any facts_pertinent to the issue of whether the 5 I Plaintiffs are"persons aggrieved"under.M.G.L. c. 40A, Section 17. The Complaint lacks any factual specificity whatsoever on the issue of aggrievement. Instead, the Complaint only offers a speculative and conclusory statement that the Plaintiffs are "aggrieved"by the Zoning Decision. 36. Meyer denies the averment set forth in paragraph 36 of the Complaint. Answering further, the Zoning Decision clearly articulates numerous facts that support grants of a special permit and variance to Meyer for the Premises. 37. Meyer denies the averment set forth in paragraph 37 of the Complaint. Answering further, there is clearly sound legal and factual support for the Zoning Decision. COUNT To Annul Decision Granting Nonconforming Use as Petitioner's Right to Continued Nonconforming Use Was Extinguished by Abandonment 38. Meyer repeats and restates the answers set forth above, as if fully set forth in this paragraph. 39. The Ordinance speaks for itself. 40. Meyer denies the averment set forth in paragraph 40 of the Complaint. COUNT II To Annul Decision Granting Nonconforming Use as Petitioner's Right to Continued Nonconforming Use Was Extinguished by Non-Use for Period of Two Years 41. Meyer repeats and restates the answers set forth above, as if fully set forth in this paragraph. 42. The Ordinance speaks for itself. 43. Meyer denies the averment set forth in paragraph 43 of the Complaint. COUNT III To Annul Decision Granting Nonconforming Use as Proposed Use Is Not Less Detrimental than Purportedly Existing Nonconforming Use 44. Meyer repeats and restates the answers set forth above, as if fully set forth in this paragraph. 6 45. The Ordinance speaks for itself. 46. Meyer denies the averment set forth in paragraph 46 of the Complaint. COUNT IV To Annul Decision Granting Variances from Dimensional Requirements as Requisite Hardship Is not Present 47. Meyer repeats and restates the answers set forth above, as if fully set forth in this paragraph. 48. Meyer denies the averment set forth in paragraph 48 of the Complaint. Affirmative Defenses 1. The Plaintiffs failed to comply with M.G.L. c. 40A, Section 17. 2. The Court lacks subject matter jurisdiction over this matter. 3. The Complaint is untimely. 4. The Plaintiffs lack standing to file the Complaint and to appeal the Zoning Decision. 5. The Complaint fails to state a claim upon which relief may be granted. 6. The Plaintiffs acted in bad faith or with malice in making this appeal to the Court. 7. The Plaintiffs have unclean hands. Prayers for Relief In consideration of the foregoing, Meyer respectfully requests that this honorable Court (i) dismiss the Complaint, (ii) enter judgment for Meyer and the other defendants in this action, (iii) allow costs against the Plaintiffs, as provided in M.G.L. c. 17, and (iv) grant such other relief in favor of Meyer as the Court deems just and appropriate. Meyer reserves the right to serve counterclaims and additional affirmative defenses as they become apparent. 7 Respectfully submitted, DEFENDANT Michael Meyer, Trustee of 1-3 East Collins Street ealty Trust February 9, 2017 By his Attorney Christopher R. Vaccaro (BBO No. 551977) Dalton&Finegold, L.L.P. 34 Essex Street Andover, Massachusetts 01810 Telephone 978-269-6425_ Email: cvaccaro@dfllp.com CERTIFICATE OF SERVICE I hereby certify that a true copy of the above document was served upon counsel of record to the Plaintiffs and the Salem ZBA, by FedEx, on February 9, 2017, to the following addresses: Counsel to the Plaintiffs: Counsel to the Salem ZBA: William M. Zall, Esquire Elizabeth M. Rennard,Esquire Cunningham, Machanic, Cetlin, City Solicitor Johnson&Harney Salem City Hall 220 North Main Street, Suite 301 93 Washington Street Natick, Massachusetts 01760 Salem, Massachusetts 01970 Christopher R. Vaccaro �i 8 f x 3 s « aEX IBI,T r ad = f Sr v p a a � 1 +} r6YA ti 4 N4 R H 5 rr dw 4 rA t t Y � r.C f � � C t •tz� ) t r �;r 71 + ry }y i. 4i J a tt Yi li#' •t .. J ' w t �f ri CITY OF SALEM LEGAL DEPARTMENT 93 WASHINGTON STREL,r SALEM,MASSACHusM7S 01970 TEI_978-745-9595 4 FAX-978-7441279 KISIRRRLEYDR/SCOLI. ELIZABETH RENNARO,ESQ. VICTORIA CILDWEf.L,ESQ. DL\YOIt CITYSOLICITOR ASSY.CnYSovcrrOR brennaed�saleegcem VM1dxveU@Sfi1=.WM To: Rebecca Curran,Chair From: Elizabeth Renard,Es Re: Opinion— 1-3 E. Collins St. Date: December 14,2016 Attached please find a legal opinion from the City's land use attorney,Jill Mann,relative to the petition for a Special Permit at 1-3 East Collins Street. I have reviewed the facts of this case and the Opinion of Attorney Man with the City's Zoning Enforcement Officer,Thomas St.Pierre,and we are in concurrence with the Opinion. Please feel free to contact me with any further questions. MEMORANDUM TO: Beth Rennard, Esq. FROM: Jill Elmstrom Mann, MANN & MANN, P.C. DATE: December 13, 2016 RE: 1-3 East Collins Street (the "Pro a ") t ISSUES: 1. Is the use of the Property (the "Use") by the Ward II Social Club Salem, Inc. (formerly known as the Ward Two Social Club, Inc.) (the "Club") entitled to protected status as a legally existing nonconforming use under M.G.L. ch. 40A, §6 and under§6 of the Ordinance? 2. Did the Club abandon its Use of the Property in January 2014 when it closed the Building to the Public? 3. Did the sale of the Property to the Michael Meyer, Trustee of 1-3 East Collins Street Realty (Book 34073/Page 359) (the "Owner") constitute a termination of the Use? 4. Is it within the authority of the Board of Appeals for the City of Salem (the "Board")to issue a special permit to the Owner allowing a change in the use of the Property from one nonconforming use to another"less" nonconforming use? RELEVANT LAW 1. M.G.L., Chapter 40A, §6 2. Salem Zoning Ordinance adopted on August 1, 1955 (the "1955 Ordinance")' 3. Salem Zoning Ordinance adopted on September 10, 2009, as amended through the date hereof(the "Ordinance"). CONCLUSION: - 1. Yes,the Use of the Property by the Club is a legally existing nonconforming use and therefore is entitled to the protected status provided by M.G.L. ch. 40A, §6 and under§6 of the Ordinance. 2. No, the Club did not abandon its Use of the Property and therefore the Use continues to be entitled to the protections of M.G.L. ch. 40A, §6 and under§6 of the Ordinance. 3. Assuming arguendo that the transfer to the Owner did constitute a termination of the Use, under M.G.L. ch. 40A, 46 and under§6 of the Ordinance, the Owner has a period of 2 years to either recommence the Use or to secure a special permit under §3.3.2(2) of the Ordinance. 4. Yes, under§3.3.2(2) of the Ordinance, the Board has the authority to grant a special permit to allow a nonconforming use of the Property to continue, provided the Board 'The 1955 Ordinance was the version of the zoning regulations in effect at the time the Property was improved and used as the social club. Memorandum 1—3 East Collins Street RE.,Opinion to BOA Page 2 issues a finding that the proposed new use of the Property, is less detrimental than the existing nonconforming use. FACTS: On November 30, 1948,various residents of the City of Salem formed the Club as a Massachusetts not-for-profit corporation organized under M.G.L. ch. 180 for the purpose of promoting brotherhood and charity in the Ward II District of Salem, specifically to establish and grant educational scholarships for Salem's youth,to support recreation and sports activities in Salem, and to provide assistance to the Salem Council on Aging. On November 1, 1956, the Club acquired title to the Property for the purpose of constructing a building(the "Bulidin ')to serve as the location for the charitable activities of its membership, including but not limited to a place to hold meetings and other events for its membership, and a location where the public would be able to hold events. In 1956 through 1958,the Property was located in the Single Residence District—B. In June of 1958,the Club applied for and received a building permit to construct the Building. At the time, the 1955 Ordinance was in effect and pursuant to §4.B.5. thereof the Use of the Property was a permitted use in the Single Residence District.z From the time the occupancy permit was issued until May 2015,the Club continued to operate out of the Property, which continues to be classified as a single family residentially zoned property. See §2.1 of the Ordinance (Residential One-Family) Zoning District. Based upon information presented in an Affidavit from Lorraine Cody, a copy of which is attached hereto attached hereto as Exhibit A(the "Affidavit"), the members of the Club continued to use the Property until May 2015. According to the Affidavit, in or around 2013, the Club began to experience financial difficulties as a result of declining membership and in January 2014 the membership voted to stop close the Building for public events. Notwithstanding, from February 2014 through May 2015 (the "Interim Period"), the members of the Club maintained the Property, including the building and parking areas,while they investigated various selling opportunities. In addition during the Interim Period, the Club held various member events and board meetings. Until the Property was sold in May 2015,3 the 'Under§4.B.5 of the 1955 Ordinance,any use of a property within the Single Family District by a "Public,semi- public,or private institution or organization of a philanthropic,charitable...character"was a permitted use. This use is no longer permitted by right in the RI District 'On May 21,2015,the Club conveyed the Property to the Owner,the deed for which was recorded with the Essex South District Registry of Deeds in Book 34073, Page 359. Memorandum 1—3 East Collins Street RE:Opinion to BOA Page 3 Club renewed its liquor license and filed its annual reports with the Secretary of State forthe Commonwealth of Massachusetts.° On September 27, 2016,the Owner filed a petition under Section 3.3.2 of the Ordinance requesting, in addition to other zoning relief, a special permit from the Board allowing a change from the existing non-conforming use to another less detrimental non-conforming use (multifamily housing). The hearing on the petition has been continued to provide the Board with the opportunity to evaluate the above-listed issues. DISCUSSION: 1. Status as Legally Existing. The first step in evaluating requests to change nonconforming uses is to determine if the use of the Property was in fact lawful at the time (A) of the original use and (B)at the time the use regulations were amended to prohibit the subject use. (A) In 1958, when the Club constructed and first occupied the Building, §4.B.5. of the, 1955 Ordinance permitted the development and use of properties within the Single Family Residential District by "Public, semi-public, or private institution[s] or organization[s] of a philanthropic, charitable ... character..." The Club was organized as a charitable entity under M.G.L. ch. 180, §4 and continued to maintain its status as a Massachusetts corporation through the end of 2014. (B) Sometime after 1958,the zoning regulations were changed to remove philanthropic enterprises as uses permitted by right in the Single Family District. Notwithstanding, prior to and at the time the use regulations were amended, the Club's use of the Property was lawfully begun under the 1955 Ordinance. Therefore the Club's use of the Property constituted a use "lawfully in existence [and] lawfully begun..." under M.G.L. ch.40A, §6 and under §6 of the Ordinance and therefore entitled to protection thereunder as a legally existing nonconforming use. 2. Has the Use been Abandoned. The next step in evaluating requests to change nonconforming uses is to determine if the facts of the situation demonstrate that the legally existing nonconforming use had been abandoned or discontinued for a period greater than two (2) years prior to the request to change the use of the Property to a lesser nonconforming use, Following the line of reasoning employed by the Supreme Judicial Court of Massachusetts, it is clear that the closing of the Building in January 2014 did not constitute an abandonment of the Club's Use of the Property and that the Use of the Property continues to be subject to M.G.L. ch. 40A, §6 and under§6 of the Ordinance. The Supreme Judicial Court of Massachusetts has held that mere nonuse of a property alone does not constitute abandonment and that the facts of each case must be evaluated in order to determine if there was a clear intention to abandon the protected use. Only in instances where additional facts are presented that support claims of the intent to abandon or demonstrate that 4The Club filed its last annual report on for the 2014 calendar year. Memorandum 1—3 East Collins Street RE:Opinion to BOA Page 4 the use of a property has been substantially altered from its prior preexisting lawful use or when the owner has failed to maintain the property or has demolished the structures located thereon has the Court found that a protected use has been abandoned under M.G.L. ch. 40A, §6. Derby Refining Co. v. Chelsea. 407 Mass. 703, 709 (1990), see also, Cape Resort Hotels, Inc. v.Alcohol Licensing Bd. of Falmouth, 385 Mass. 205, 220-221 (1982);Pioneer Insulation& Modernizing Corp. V. Lvnn, 331 Mass. 560, 565(1954); Wayland v. Lee. 325 Mass. 637, 641 n.2 (1950); Paul v. Selectmen of Scituate, 301 Mass. 365, 370(1938). Based on the facts provided in the Affidavit, it is clear that the Club intended to preserve the Property, Building and its other associated assets in order to best position the Property for sale to another charitable organization. At all times during its ownership,the Club continued to use the Building and Property for member meetings and other social events, maintained the Property, Building and the associated parking lot; and maintained and renewed its corporate filings and liquor license. Accordingly at no time during its ownership did the Club abandon the Use. 3. Even if the Board makes the assumption that the Owner has not continued the Use of the Property as originally begun by the Club,the protection afforded to legally nonconforming uses extends for a period of two (2)years after the effective date of termination. Accordingly, under M.G.L.ch. 40A, §6 and under§6 of the Ordinance, the Owner` has a period of 2 years to either recommence the Use or to secure a special permit under §3.3.2(2) of the Ordinance, which would extend through and including May 2017. 4. - Authority to Grant a Special Permit under Section 3.3.2(2) of the Ordinance . Given that the Use of the Property by the Club was never abandoned and that the period of nonuse at best would be said to be expiring at the earliest on May 21, 2017, the Board possesses the authority to consider the Owner's petition for a special permit under§3.3.2(2) of the Ordinance allowing him to develop and use the Property as a less nonconforming use. a v a EXH"ID ] _ x p x yvY+ . fV $f♦r'R y � A p a 6 V rw 4_ ! 5 AFFIDAVIT OF LORRAINE CODY 1. I, Lorraine Cody of 8 Barton Street,Salem, MA served as the manager of Ward 2 Social Club,1-3 East Collins Street,Salem,MA(hereinafter"Club")during the period of September,2011 to May,2015. 2, Since September,2011,my name has appeared as manager on the liquor license forthe Club Issued by the City of Salem.The license is current,with my name listed as manager. 3. The Club membership held a meeting in December of 2013 and voted affirmatively to close the Club building on December 31,2013 but to honor scheduled events in January,2014. 4. Members were allowed to use the Club building at 1-3 East Collins Street during 2014 and 2015 for dart and pool league practice.This use ended upon the sale of the building in May, 2015. S. Meetings of board members were held at the Club during 2014 and 2015 to discuss the sale of the Club property and building to other social clubs such as the VFW, Moose club and non-club entities. Afull membership meeting was held on July 29,2014. After that meeting,although the bar was closed for sales,the club president and acting manager,continued to open the club as needed to permit members to use the facility for practice and community meetings. 6. Prior to the sale of the property in May,2015,the Club maintained the building and plowed the parking lot. Signed under the pains and penalties of perjury this 7th day of December,2016. Lor ine Cody 0 COMMONWEALTH OF MASSACHUSETTS Essex,ss. December 7,2016 On this lMday o 20&before me,the undersigned notary public,personally appeared LG '00w proved to me through satisfactory evidence of Identification,which we LIc,Py1,4.P. to be the person whose name is signed on the eding or attached do c ent in my presence. official signature and seal of notary) rr X, JOANNE M. ROO Notary Public OOMMOMYEµIII OF 1010O140141 My Commission 1*1nni mbar 24, 2021 + ' Ir"A � x F { A ft F f e � J i SPD PD.RLGVS SALEM POLICE DEPARTMENT 02/07/17 13 : 56 PAGE 1 v5 . 5c LOCATION HISTORY REPORT TTYP1 -768 c/t street tp st# apt# from: 01/01/2012 (ALL) st: (EA COLLINS ) (ST) ( 1) ( ) to: 12/31/2015 c/t street tp # apt# lc ID# case# date time ucr SAL EA COLLINS - - ST 1 16313 SUSP PARTY SEEN ILUAREA 760984 SUSPO22 :' 26 ACTIVITY-P 150 WARD TWO SOCIAL ERSONS SAL EA COLLINS ST 1 16313 750852 02/19/15 08 : 07 700 WARD TWO SOCIAL CLUB ALARMS-COMMERCIAL ALARM SOUNDING SAL EA COLLINS ST 1 16313 736815 10/04/14 00: 02 140 WARD TWO SOCIAL CLUB DISTURBANCE-GENERAL LOUD MUSIC SAL EA COLLINS ST 1 16313 735191 09/19/14 20:35 700 WARD TWO SOCIAL CLUB ALARMS-COMMERCIAL INSTANT — FRONT & SIDE DOOR SAL EA COLLINS ST 1 16313 727082 07/13/14 00: 05 151 WARD TWO SOCIAL CLUB SUSP ACTIVITY-MOTOR VEH SUSP RED TRUCK SAL EA COLLINS ST 1 16313 727118 07/13/14 12:23 914 UNDESIRABLE CHECK ON TENT POSSIBLE UNDESIREABLE SAL EA COLLINS ST 1 16313 727019 07/12/14 11:43 181 LOUPOS MEDICAL-OVERDOSE CHECK TWO FEMALES ON THE BEACH SAL EA COLLINS ST 1 16313 725370 06/28/14 18: 16 150 WARD TWO SOCIAL CLUB SUSP ACTIVITY-PERSONS MEN BLOCKING TRAFFIC ON STREET SAL EA COLLINS ST 1 16313 724564 06/22/14 10:25 914 UNDESIRABLE UNDESIRABLE PARTIES IN BACK SAL EA COLLINS ST 1 16313 723702 06/15/14 00:40 140 WARD TWO SOCIAL CLUB DISTURBANCE-GENERAL LOUD MUSIC FROM VEHICLE SAL EA COLLINS ST 1 1 16313 723796 06/15/14 20: 55 140 WARD TWO SOCIAL CLUB DISTURBANCE-GENERAL NOISE COMPLAINT, - LOUD MUSIC SAL EA COLLINS ST 1 16313 720757 05/18/14 20:49 150 REMON SUSP ACTIVITY-PERSONS OFFICERS OUT WITH 2 PARTIES SAL EA COLLINS ST 1 16313 719755 05/09/14 19:11 930 WARD TWO SOCIAL CLUB STATISTICAL ANALYSIS (C CAD ANALYSIS PER REQUEST OF WARD COUNCILLOR SAL EA COLLINS ST 1 16313 719452 05/07/14 10:37 150 TOUSSAINT SUSP ACTIVITY-PERSONS OUT WITH A PARTY SAL EA COLLINS ST 1 16313 718710 04/29/14 21 : 45 930 WARD TWO SOCIAL CLUB STATISTICAL ANALYSIS (C INCREASE IN NOISE COMPLAINTS SAL EA COLLINS ST 1 16313 718446 04/27/14 20:42 143 WARD TWO SOCIAL CLUB DISTURBANCE-LIQ ESTABLI NOISE COMPLAINT - LOUD MUSIC SAL EA COLLINS ST 1 16313 718452 04/27/14 22 : 06 143 GORDON DISTURBANCE-LIQ ESTABLI SPD PD.RLGVS SALEM POLICE DEPARTMENT 02/07/17 13 : 56 PAGE 2 V5 . 5c LOCATION HISTORY REPORT TTYP1 -768 c/t street tp st# apt# from: 01/01/2012 (ALL) st : (EA COLLINS ) (ST) ( 1) ( ) to: 12/31/2015 c/t street tp # apt# lc ID# case# date time ucr --- ------------------ -- -------- --- ----- - ----- ------- -------- - ---- ----- NOISE COMPLAINT SAL EA COLLINS ST 1 16313 718275 04/25/14 23 :23 143 GORDON DISTURBANCE-LIQ ESTABLI LOUD MUSIC SAL EA COLLINS ST 1 16313 718141 04/24/14 23 : 12 143 KOULOURIS DISTURBANCE-LIQ ESTABLI LOUD MUSIC SAL EA COLLINS ST 1 16313 717510 04/18/14 15 :49 185 SCHADHAUSER CHECK WELL BEING WELL BEING CHECK OF A MALE ON THE BEACH SAL EA COLLINS ST 1 16313 717430 04/17/14 23 :28 143 KOULOURIS DISTURBANCE-LIQ ESTABLI LOUD MUSIC SAL EA COLLINS ST 1 16313 716017 04/03/14 23 :31 143 FELINGS DISTURBANCE=LIQ ESTABLI LOUD MUSIC FROM CLUB SAL EA COLLINS ST 1 16313 715524 03/29/14 20 :31 143 REMON DISTURBANCE-LIQ ESTABLI NOISE COMPLAINT - LOUD MUSIC SAL EA COLLINS ST 1 16313 709142 01/25/14 23: 39 700 GORDON ALARMS-COMMERCIAL INSTANT - BACK DOOR SAL EA COLLINS ST 1 16313 708331 01/17/14 23: 07 143 RONAN DISTURBANCE-LIQ ESTABLI LOUD MUSIC SAL EA COLLINS ST 1 16313 708124 01/16/14 00:15 20I KNIGHT . FIRE DEPT ASSIST POSS FIRE IN THE BUILDING SAL EA COLLINS ST 1 16313 704242 12/08/13 22:58 140 MARTINEZ DISTURBANCE-GENERAL NOISE COMPLAINT - LOUD MUSIC SAL EA COLLINS ST 1 16313 701508 11/11/13 23 :24 142 WARD TWO SOCIAL CLUB DISTURBANCE-FIGHT FIGHT IN PARKING LOT SAL EA COLLINS ST 1 16313 700009 10/29/13 21: 13 90L GALLAGHER DOMESTIC-DISPUTE DISPUTE AT BAR SAL EA COLLINS ST 1 16313 698067 10/13/13 17:28 140 CANDELARIA DISTURBANCE-GENERAL DISTURBANCE OUT FRONT SAL EA COLLINS ST 1 16313 692030 08/23/13 01: 19 151 DAVIS SUSP ACTIVITY-MOTOR VEH SUSP. PICK-UP TRUCK SAL EA COLLINS ST 1 16313 692032 08/23/13 01:28 151 WARD TWO SOCIAL CLUB SUSP ACTIVITY-MOTOR VEH SUSP. M/V IN LOT SAL EA COLLINS ST 1 16313 692062 08/23/13 11:35 145 . GORDON DISTURBANCE-NEIGHBORS PROBLEM WITH NEIGHBOR / PATRON SPD PD.RLGVS SALEM POLICE DEPARTMENT 02/07/17 13 : 56 PAGE 3 V5. 5c LOCATION HISTORY REPORT TTYP1 -768 c/t street tp st# apt# from: 01/01/2012 (ALL) st: (EA COLLINS ) (ST) ( 1) ( ) to: 12/31/2015 c/t street tp # apt# lc ID# case# date time ucr --- ----------------- - -- ------ -- -------- ------ ---- --- -------- ----- ---- - SAL EA COLLINS ST 1 16313 691483 08/18/13 01 : 16 143 DAVIS DISTURBANCE-LIQ ESTABLI PEOPLE STILL INSIDE ESTABLISHMENT SAL EA COLLINS ST 1 16313 689644 08/02/13 12: 08 147 DISPUTE DISPUTE BETWEEN 2 MALE PARTIES SAL EA COLLINS ST 1 16313 689243 07/30/13 09 : 42 911 WARD TWO SOCIAL CLUB PARKING COMP-GENERAL SLEEPER VAN PARKED ON PROPERTY SAL EA COLLINS ST 1 16313 689005 07/28/13 07 : 18 700 CONNELL ALARMS-COMMERCIAL B/A, INSTANT, FRONT AND SIDE DOOR SAL EA COLLINS ST 1 16313 688171 07/21/13 20 : 10 164 WARD TWO SOCIAL CLUB MV-ACCIDENT HIT-RUN/NOT PAST HIT & RUN SAL EA COLLINS ST 1 16313 687967 07/19/13 21 :50 13A EVERETT ASSAULT-SIMPLE MALE PARTY PUNCHED IN THE MOUTH SAL EA COLLINS ST 1 16313 682660 06/03/13 15 :25 90G LIQUOR LAW VIOLATION POSSIBLE LIQUOR LAW VIOLATION INVESTIGATION SAL EA COLLINS ST 1 16313 679877 05/10/13 00: 17 140 WARD TWO SOCIAL CLUB DISTURBANCE-GENERAL DISTURBANCE SAL EA COLLINS ST 1 16313 679077 05/02/13 21: 17 143 WARD TWO SOCIAL CLUB DISTURBANCE-LIQ ESTABLI LOUD MUSIC COMING FROM CLUB SAL EA COLLINS ST 1 16313 679090 05/02/13 23 : 01 143 CRAIG DISTURBANCE-LIQ ESTABLI LOUD BASS SHAKING WINDOWS SAL EA COLLINS ST 1 16313 676240 04/07/13 21:21 700 WARD TWO SOCIAL CLUB ALARMS-COMMERCIAL INSTANT*BACK DOOR SAL EA COLLINS ST 1 16313 671359 02/23/13 13 :34 171 LOOTENS MV-GEN TOWED BY PRIVATE PRICE * MA 422VF5 * 79 INTL UTIL SCOUT GRN* J0062JGD SAL EA COLLINS ST 1 16313 669851 02/11/13 21:23 19C SOSNOWSKI NEIGHBORHOOD MEETINGS WARD 2 MEETING SAL EA COLLINS ST 1 16313 666542 01/12/13 23 :32 700 WARD TWO SOCIAL CLUB ALARMS-COMMERCIAL INSTANT ALARM/WARD TWO SOC. CLUB/BACK DOOR SAL EA COLLINS ST 1 16313 666070 01/08/13 16 : 15 42N WARD TWO SOCIAL CLUB FOUND HYPODERMIC NEEDLE NEEDLES ON SIDEWALK SAL EA COLLINS ST 1 16313 665661 01/04/13 21 : 28 151 WARD TWO SOCIAL CLUB SUSP ACTIVITY-MOTOR VEH ' SUSP. M/V SAL EA COLLINS ST 1 16313 663447 12/14/12 00 : 07 140 WARD TWO SOCIAL CLUB DISTURBANCE GENERAL SPD PD.RLGVS SALEM POLICE DEPARTMENT 02/07/17 13 : 56 PAGE 4 v5 . 5c LOCATION HISTORY REPORT TTYPI -768 c/t street tp st# apt# from: 01/01/2012 (ALL) st: (EA COLLINS ) (ST) ( 1) ( ) to: 12/31/2015 c/t street tp # apt# lc ID# case# date time ucr --- ---- -------------- - - -------- ------ - - ------ ---- --- -------- - ---- ----- LOUD MUSIC SAL EA COLLINS ST 1 16313 658122 10/27/12 00 : 34 140 WARD TWO SOCIAL CLUB DISTURBANCE-GENERAL LARGE GROUP IN LOT SAL EA COLLINS ST 1 16313 652665 09/08/12 00:44 291 GORDON MAL DESTR PROP OVER $25 PATRON BROKE DOOR SAL EA COLLINS ST 1 16313 651818 08/30/12 23 : 35 164 RAIBLE MV-ACCIDENT HIT-RUN/NOT PAST HIT AND RUN SAL EA COLLINS ST 1 16313 651382 08/26/12 18 : 39 700 ZOCCO ALARMS-COMMERCIAL B/A INSTANT ALARM SAL EA COLLINS ST 1 16313 649884 08/11/12 22 : 09 185 HARVEY CHECK WELL BEING CHECK WELL BEING OF FEMALE IN STREET SAL EA COLLINS ST 1 16313 645801 07/04/12 00: 15 20F WARD TWO SOCIAL CLUB FIREWORKS COMPLAINT FIREWORKS SAL EA COLLINS ST 1 16313 640462 05/13/12 12 :10 700 WARD TWO SOCIAL CLUB ALARMS-COMMERCIAL BACK DOOR /INSTANT SAL EA COLLINS ST 1 16313 637240 04/09/12 04 :37 700 WARD TWO SOCIAL CLUB ALARMS-COMMERCIAL INSTANT ALARM - MEMBERS MOTION SAL EA COLLINS ST 1 16313 635812 03/24/12 12 : 07 241 BRANDER B&E TO MV B&E TO A MV OVERNIGHT SAL EA COLLINS ST 1 16313 635405 03/20/12 13 : 53 552 HAGEN 209A SERVICE 209A FOR OUR RECORDS 1, 2, 3„ 4A, 12 DKT#1236R00171 ��,SoNo1T� CITY OF SALEM MASSACHUSETTS .E its BOARD OF APPEAL 9 . q' 120 WASHINGTON STREET♦SALEM,MASSACHUSETTS 01970 HIMBERLEYDRiscoLL TELE:978-745-9595 ♦ FAX:978-740-9846 2016 Mbit 30 P 12: 41 MAYOR C11 March 30, 2016 Decision City of Salem Board of Appeals A petition of MICHAEL MEYER requesting a Special Permit per Sec. 3.3.2Nonconformirg Uses of the Salem Zoning Ordinance to change and existing nonconforming use of a social club to another nonconforming use of eighteen (18) residential units. The petitioner is also requesting Variances for relief from Sec. 4.L1 Table of Dimensional Requirements for minimum lot area per dwelling unit, minimum lot frontage, minimum lot coverage, front and side yard setbacks, minimum distance between buildings, and number of stories at the property located at 1-3 EAST COLLINS STREET (Map 36 Lot 277)(RI Zoning District). At the October 21, 2015 meeting the Board granted the petitioner's request to continue to the next regularly scheduled meeting on November 18,2015. The project was not presented and the public comment period was not opened until November 18,2015 pursuant to M.G.L Ch. 40A, � 11. The public hearing was continued on November 18,2015, December 16, 2015,January 20,2016, February 17,2016 and March 16, 2016. The hearing was closed on March 16, 2016 with the following Salem Board of Appeals members present: Rebecca Curran (Chau), Peter A. Copelas, Mike Duffy,Tom Watkins, and Paul Viccica (alternate). The Petitioner is requesting a Special Permit per Sec. 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance to change and existing nonconforming use of a social club to another nonconforming use of eighteen (18) residential units. The petitioner is also requesting Variances for relief from Sec. 4.1.1 Table of Dimensional Requirements for minimum lot area per dwelling unit, minimum lot frontage, minimum lot coverage, front and side yard setbacks, minimum distance between buildings, and number of stories. Statements of fact: 1. Attorney Grover presented the petition on behalf of the petitioner. 2. In the petition date-stamped September 25, 2015, the Petitioner requested a Special Permit per Sec. per Sec. 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance to change and existing nonconforming use of a social club to another nonconforming use of multi-family residential units. The petitioner is also requesting Variances fox relief from Sec. 4.1.1 Table of Dimensional Requirements for minimum lot area per dwelling unit, minimum lot frontage, minimum lot coverage, front and side yard setbacks, minimum distance between buildings, and number of stories located at 1-3 EAST COLLINS STREET (Map 36 Lot 277)(R1 Zoning District). 3. The original petition, dated September 25, 2015, proposed two (2) three (3) story buildings with eighteen (18) residential units in an R-1 Zoning District. i City of Salem Board of Appeals 3/30/2016 Project: 3-1 East Collins Street Page 2 of 5 4. The proposed living areas are raised with parking proposed underneath the building by necessity because the entire property is located within the flood zone. 5. The original petition, proposed the following deviations from the dimensional requirements of the Zoning Ordinance: 1) a lot area per dwelling unit of 2.324 square feet where the requirement per the Zoning Ordinance is 15,000 square feet, 2) 94.5 feet of frontage where the requirement per the Zoning Ordinance is 100 square feet of linear frontage; 3) exceeding the maximum lot coverage with 31.8%lot coverage where the requirement is 30%lot coverage;4) 1.8 feet from the front yard setback where 15 feet is required; 5) 0.25 feet from the side setback where 10 feet is required; 6) Three (3) stories where the maximum requirement is 2.5 stories. 6. The petitioner proposed to provide twenty-seven (27) parking spaces to comply with the required number of parking spaces as per the Zoning Ordinance and provide close to two (2) parking spaces per dwelling unit in response to neighborhood concerns regarding parking. 7. The petitioner also requested a special permit from one nonconforming use of a social club to another nonconforming use of multi-family residential dwelling units. 8. At a public hearing for the petition was opened on October 21, 2015 and continued to the next regularly scheduled meeting on November 18, 2015 at the request of the applicant to revise the original plans to respond to neighborhood concern about density,parking,view corridors to the water among other concerns. 9. Between the time that the petitioner submitted the proposal to the Board and the October 21,2015 meeting, the petitioner met with the neighborhood to listen to concerns about the proposal and revised plans that were submitted thereafter to the Board and reviewed at a public meeting on November 18, 2015. 10. At the public meeting on November 18,2015, the petitioner presented revised plans and proposed fourteen (14) residential units rather than the eighteen (18) proposed in the original petition in response to continued concerns from the neighborhood. There were eight (8) units proposed for the linear building that runs along Planters Street, Building"A" and six (6) residential units along East Collins Street, Building"B". 11. The petitioner proposed to construct the project in two (2) phases with the building along Planters Street to be constructed first because this portion of the property is outside of the jurisdiction of state Chapter 91 licensing. The second `Building B"would be built after the Chapter 91 process. 12. Attorney Grover stated that before the petitioner can apply to the state for a Chapter 91 license all local approvals have to be received first. The project also would have to go through the Massachusetts Environmental Policy Act review before Chapter 91. Both MEPA and Chapter 91 can be a very long process. 13. The project was designed to have the opportunity to develop eight (8) units with local approvals that are required by the Zoning Board of Appeals,Planning Board, and Conservation Commission. Phase II to construct building`B" requires MEPA and Chapter 91 review and would take approximately a year and a half for state approvals. City of Salem Board of Appeals 3/30/2016 Project: 3-1 East Collins Street Page 3 of 5 14. Attorney Grover presented the following grounds for the Special Permit request: • Social, community, or economic needs served by the proposal are that the petitioner is proposing to change the use from a commercial use to residential, which is closer to the underlying allowable use of the neighborhood. This property is also a nuisance to the neighborhood as there are illicit activities that occur frequently on the property and the redevelopment of the site is required to formalize meaningful access through a Chapter 91 requirement to provide public access and use of the waterfront which is a positive public benefit. • Traffic flow and safety, including parking and loading are adequate as the petitioner is providing more than the required number of parking spaces. • Utilities and public services are adequate. • Impacts on the natural environment including drainage will be greatly improved as the impervious parking lot will be significantly reduced and new landscaping materials and plantings will cover a significant portion of the site using low impact development design. In addition, the petitioner proposes to improve an existing drain that was installed incorrectly in the parking lot area. • The design and proposed use fit better with the character of the neighborhood than the existing use and structure. The proposed density of fourteen (14) units is not as a lot given the overall density in the area. • The potential fiscal impact, including impact on City tax base and employment will be positive. 15. The petitioner presented a density study of the acre surrounding the subject property to demonstrate that the average density in the neighborhood was 22.1 units per acre with an average lot area of 2.613 square feet (0.06 acres). 16. At the November 11,2015 meeting the Board requested that the building be redesigned to better fit the existing architecture of the neighborhood. The Board suggested considering a design that was more akin to townhouses with stairways leading to each unit to break up the massing of the building along Planters Street. Revisions requested included breaking up building "A" along Planters Street to include three (3) individual buildings each with separate entrances to better match the existing architectural character of the neighborhood. 1 17. At the November 11, 2015 the Board stated concerns about the request for Variances and design choices to allow the petitioner to accept a design to fit with the regulatory and time constraints of the Chapter 91 process. 18. The petitioner requested a continuation at the December 16, 2015 meeting to the next regularly scheduled meeting on January 20, 2016 to allow more time for plan revisions. 19. At the January 20, 2016 meeting, the petitioner presented revised architectural plans. Changes included the division of Building"A" along Planter Street into three (3) distinct multi-family structures including a three (3) unit building, a two (2) unit building and another three (3) unit building and the Board requested that building"B" also be reduced to a two (2) family dwelling unit to better City of Salem Board of Appeals 3/30/2016 Project:3-1 East Collins Street Page 4 of 5 fit with the character of the neighborhood. The petitioner reduced the number of proposed units from eighteen (18) to fourteen (14). 20. The petitioner proposed to have a public access way to the water along the southern lot line of the property. 21. It was suggested by the Board that the petitioner consider an alternative location of the public access way either through the center of the site or eliminate the public pathway until further review was done through Chapter 91 licensing. 22. The Board also stated that the proposal for Building B,was not an appropriate density and is out of character for the neighborhood. 23. The Board requested that the petitioner consider looking at the possibility of constructing single family homes along the existing frontage. 24. Attorney Grover testified that the existing frontage is 95 feet along East Collins Street,which does not allow for even a single conforming lot. Further to create individual lots from this parcel would be a subdivision and the lots could not comply with the zoning requirements because there is no sufficient frontage for one (1) or more lots. 25. The Board suggested that the petitioner consider duplexes hugging the property boundaries as there are unique limitations to the site including the location of the flood zone, an existing gas easement, wetlands and other unique features of the property. 26. At the January 20,2016 meeting Attorney Grover presented the follow statement of hardship for the request for Variances: • Special conditions and circumstances that especially affect the land, building,or structure generally not affecting other lands,buildings, and structures in the same district are that the land is subject to Chapter 91 jurisdiction, there is a coastal dune and wetlands on the property, there is also a gas line easement running through the property. These special conditions limit part of the site available for development. The petitioner needs variances from the zoning ordinance to exceed the height and setback requirements because there is such a narrow building envelope. • The special and unique site conditions also make it a very expensive site to develop,requiring a certain level of density to make development economically feasible. • Desirable relief can be granted without detriment to the public good as the current site is in poor condition. 27. At the February 17, 2016 meeting the petitioner requested a continuation to the next regularly scheduled meeting on March 16, 2016. No testimony was heard at the February 17,2016 meeting. 28. The requested relief,if granted,would allow the Petitioner to change and existing nonconforming use of a social club to another nonconforming use multi-family residential units and relief from Sec. 4.1.1 Table of Dimensional Requirements for minimum lot area per dwelling unit,minimum lot frontage, City of Salem Board of Appeals 3/30/2016 Project: 3-1 East Collins Street Page 5 of 5 minimum lot coverage, front and side yard setbacks, minimum distance between buildings, and number of stories. 29. At the public hearings, twenty (20) residents submitted letters and spoke in opposition to the proposal. No members of the public spoke in support of the petition. 30. At the March 17, 2016 meeting the petitioner requested to withdraw the petition without prejudice. On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five(S in favor (Rebecca Curran (Chair), Peter A. Copelas, Mike Duffy,Tom Watkins, and Paul Viccica (alternate). and none (o) opposed, to allow the petitioner to withdraw without prejudice. WITHDRAWN WITHOUT PREJUDICE. n/J -PN�K�iQ �-Ul/2�Clin /�Q Rebecca Curran, Chair Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal fmm this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be feted nithin 20 days of fehng of this deci.non in the office of the City Clerk. Pursuant to the Massachusetts General Lucas 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 uitb the Essex South Registry of Deeds. 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CC. _ City of Salem Department of Planning & Community Development CHECK RECEIPT AND TRACKING FORM DATE BOAR�Sv V STAF CLIENT: PROPERTY ADDRESS: / 11 ' N `� CONTACT NUMBER: PURPOSE FOR APPLICATION: CHECK # AMOUNT RECEIVED: t--1Ly ur Salem Department of Planning & Community Development CHECK RECEIPT AND TRACKING FORM DATE-?) BOARZA STAF I CLIENT: PROPERTY ADDRESS: J CONTACT NUMBER: PURPOSEFOR kPPLICATION: HECK # KOUNT RECEIVED: W .� l R&iF y 1 + ! t lil II IiGJII �I�4 SII I��T gym + 4 F�t ° �,+ t �yR 27 CONGRESS STREET �E��!P•C �Ilul�U� Ri I � Cent�u �' a W "''I Ir �iy�I{ I"�ni Jtll�� r...X `9 6 3 �/` �� 0. t SUITE 414' ,. �, "`.I"' .vl✓M4w i I• a�' � t �°��4mm �" '�I�I " P ull�al r'4'14^�w: drM SALEM MA U1970 Salan,Massbdu Oty711 r r g �X �.' 53.139 113 " cy I ' ! �� g r IU�'� I�^I�� Ii �l I u�a�� t t r' F E t PAY" ^1 t y ®p h�� elf vt ? 4r I t ./�F i y z sys i � m � t Pwo and NO/100 " TO THE ORI IER OF ytl p V ua'tiT '�T ♦ - ' e,. K-_., + k I ; �r is rylll IBJ aM pp1 DATE*:', d ��" ^dP ' p IT _2 +!, ` MI `ole 14u'I" rII+� JIVEI Alf ,uul� l'I hi, 09/25/2015 'AMouNr Z •J._ ,Cityzof.Salam µ 00 �E E 93 Washmgt0n Street } ,SalJem II�IYI �I A .�L 1 {T r�. y � " u 009 31 II.� ' 'Ti I i'"Aii: AUORIl SIGNATUR . Y / 1.0113013901: u■ 1 - � 0 00 5 6 L4 16 p u■ =---- G �Ck'n S CITY OF SALEM,MASSACHUSETTS BOARD OF APPEALS o PETITION FORM ev' +mss ., CITY OF SALEM MASSACftUSETTS ; BOARD C)F APPI ALS 2015 SEP 25 A 11: 01 a��' �' f � 120 WAUUNGTON SIRF F`I 3111)FLUOR �s s.. N4' SAI IN( �LISSACHUSEI IS 01970 FILE t Ct_INEO Thomas St_Pierre, Director of Inspectional Services Phone:978-619-5641 / Fax:978-740-9846 �7�j ppp ,p@ KIMBERLEY DRISCOLL Erin Schaeffer,Staff Planner t�3 eF`� MAYOR Phone:978-619-5685/ Fax:978-740.0404 RRR ►►► 'U$UQ Ing t�f3ryJ 9�R" TO THE BOARD OF APPEALS: SEP_ 2' 7 66'fs The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: 01P$OF PLANNINO i 1-3 East Collins Street COMIlANTY DEVELOPMENT Address. Zoning District: R-1 An application is being submitted to the Board of Appeal for the following reason(s): This statement mast describe what you propose to build,the dimensions,the zone property is in,and the zoning requirements.(F. ample: I am proposing to consip ucl a 10'x 10'one,store addition to nit home locoled at 3 Salem Lane, in the R-2 Zoning District. The Zoning Ordinance requires the minimum depth of the rear yard to be 30 feet The current depth of my rear yard is 32 feetr the proposed addition would reduce the depth of the rear yard to 22 feet) See Statement of Grounds attached and plans submitted herewith For this reason I am requesting: (.) Variance(s)from provisions of Section of the Zoning Ordinance,specifically from See Plans submitted herewith (i.e. minimum depth ofrearyard). What is allowed is See Plans submitted herewith (ft?sgft?stories? %?), and what I am proposing is See Plan submitted herewith (jt?sq ft?stories?%?). ( + A Special Permit under Section of the Zoning Ordinance in order to Change from one nonconforming use to another less detrimental nonconforming use ( )Appeal of the Decision of the Building Inspector(described below): ( )Comprehensive Permit for construction of low or moderate income housing(describe below): Current Property Use:_Social Club Are Lot Dimensions Included?(•)Yes O No Why? (Example:Two Family Home) The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and allow the project to be constructed as per the plans submitted,as the enforcement of said Zoning By-Laws would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially derogating from the intent and purpose of the Zoning Ordinance. CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS PETITION FORM The following written statement has been submitted with this application: O For all Variance requests a written Statement of Hardship demonstrating the following must be attached: a) Special conditions and circumstances that especially affect the land,building,or structure involved, generally not affecting other lands,buildings,and structures in the same district; b) Literal enforcement of the provisions of the Ordinance would involved substantial hardship to the applicant;and c) Desirable relief may be granted without substantial detriment to the public good,and without nullifying or substantially derogating from the intent of the district or the purpose of the ordinance. (*) For all Special Permit requests a Statement of Grounds must be attached. An application for a special permit for a nonconforming use or structure shall include a statement demonstrating how the proposed change shall not be substantially more detrimental than the existing nonconforming use to the neighborhood in accordance with Section 9.4 Special Permits. Such a statement should include reference to the following criteria: a) Social,economic,or community needs served by the proposal; b) Traffic flow and safety, including parking and loading; c) Adequacy of utilities and other public services; d) Impacts on the natural environment, including drainage; e) Neighborhood character;and 0 Potential fiscal impact,including impact on City tax base and employment. ( ) For all Comprehensive Permits for construction of low or moderate income applicants should refer to M.G.L. Ch.40B §20-23. Previous applications to the Board of Appeals involving this property have been submitted with this petition form. The Building Commissioner can provide documentation of previous applications to the petitioner or his representative. If different from petitioner. Petitioner: Michael Meyer r Property Owner: Same as petitioner Address: Trustee of 1-3 East Collins Realty Address: Telephone: 11 Bay St., Beverly MA Trust Telephone: Email: mme er@nedev lopment.com Email: Signature: Signature: Date: tember 25, 2015 (Attached consent letter is also acceptable) � Date: Ifdifferent from petitioner. Representative: Scott M. Grover, Esq. A TRUE Address:27 Congress Street, Salem, MA 01970 ATTEST Telephone: 65 Signature Date: S to er 25, 2015 CITY CLERK DATE DPCD DATE This original application must be filed with the City Clerk. STATEMENT OF GROUNDS The petitioner recently acquired the properly at 1-3 Collins Street(the "Property") which is the site of the now closed Ward 2 Social Club. The land area consists of 41,834 s.f. and is presently occupied by a one story concrete block structure. The property is located in the Residential One (R-1) zoning district. It is the petitioner's intention to demolish the existing structure and to construct eighteen residential dwelling units in two buildings. The proposed redevelopment of the property will provide twenty seven (27) parking spaces beneath j the buildings in conformity with the requirements of the Zoning Ordinance. The use of the Property for multifamily residential purposes is not allowed in the le I district, however, the current use as a social club is a legal non-conforming conformance. "Therefore, the change to the less detrimental nonconforming multifamily residential use is allowed by Special Permits under Section 3.3.2 of the Ordinance. The project also requires a variance from several dimensional requirements of the Ordinance. Most notably, the lot area per dwelling unit required is 15,000 s.f. per unit and the proposed development provides 2,324 s.f. per unit. In addition, the lot has 94.5 feet of footage along East Collins Street where 100 feet is required and lot coverage is 31.8% which is slightly more then the 30% allowed. The proposal also requires variances from the front and side setback and the distance between buildings requirements as shown on the plan submitted herewith. Finally, although the height of the building is less than the required 35 feet, it does exceed the height limitation of two and one half stories, requiring a variance from that provision. There is 4 little question that the land at 1-3 East Collins Street is affected by special conditions that do not affect other lots in the surrounding neighborhood. A significant portion of the Property is salt marsh and coastal dune. In addition, most of the land is within thejurisdiction of the Commonwealth of Massachusetts under Chapter 91. Further, the site is traversed by an easement for the natural gas line which will be constructed in the near feature. These conditions make the development of the site expensive and challenging. Given the limited portion of the site that is available for construction and the costs associated with the various special conditions, a literal enforcement of the provisions of the Ordinance would create a substantial hardship for the petitioner. The proposed density of the project is consistent with the average density of the surrounding neighborhood, so the relief requested could be granted without detriment to the public good and would not depart significantly from the intent of the Ordinance or the district. The redevelopment of the Property will have the benefit of eliminating a commercial use in the middle of a residential neighborhood. The project will provide adequate parking for the residents and the traffic impact will not be significant compared to the prior use as a bar room. As part of the development, the beach and coastal dune will be cleaned up and a public walkway will be installed to improve access to the waterfront. The majority of the lot that is currently paved will be converted to open green space, thereby improving the natural environment and drainage. Finally, the project will provide much needed moderately priced housing in the City and will add significant tax revenue. For the foregoing reasons, it is appropriate and desirable for the Board to grant the relief requested. `Ff�� ' k !.•�rCx ` ry"$ �,*''."*7°�'f�''>�s 1 n�> b ` — DPS 6fF PFh74Fht &"u , a w Y - Mmu`41TY r 13Ys A�� Al +M i tTm t Street Parcel Units Area Average Units/Acre Planters 36-0240 1 0.131 36-0241 1 0.068 36-0242 1 0.055 36-0243 1 0.056 36-0244 1 0.067 36-0245 1 0.057 36-0255 1 0.052 36-0254 1 0.069 36-0253 1 0.118 36-0252 1 0.162 36-0251 1 0.094 36-0250 1 0.205 36-0248 1 0.101 36-0247 1 0.058 36-0246 1 0.102 Subtotal 15 1.4 East Collins 36-0491 2 0.067 36-0249 1 0.082 36-0268 1 0.049 36-0267 2 0.05 36-0266 2 0.076 36-0282 1 0.088 36-0284 1 0.045 36-0311 1 0.156 36-0310 2 0.108 36-0270 2 0.045 36-0281 2 0.063 36-0280 2 0.072 36-0279 1 0.082 36-0278 3 0.17 Subtotal 23 1.2 Osgood 36-0257 4 0.075 36-0258 1 0.158 36-0259 2 0.083 36-0260 2 0.092 36-0261 1 0.1 36-0262 3 0.082 36-0263 1 0.076 36-0264 2 0.174 36-0276 1 0.126 36-0265 2 0.079 36-0271 2 0.066 36-0272 1 0.158 36-0273 1 0.264 36-0269 1 0.066 36-0274 1 0.148 36-0275 1 0.185 36-0292 5 0.095 36-0289 2 0.057 36-0290 1 0.106 36-0288 1 0.092 36-0287 2 0.083 36-0286 2 0.149 36-0285 2 0.08 36-0283 1 0.088 36-0309 2 0.17 36-0308 1 0.098 36-0307 1 0.094 36-0306 1 0.189 Subtotal 47 2.0 Total 71 3.2 Total Units 71 Total Acreage 3.2 Total Units/Acre 22.1 Average Lot area 0.06 2,613 sf ��C�v \Se c,� �� O�Ul S 1 ' i i _ _ R� � �s �� p \ ��ns Few . 2 Zc�i � i -Kev �Se � kns . Zo lP i PAUL AND LINDA MCILVENE 7 EAST COLLINS STREET SALEM, MA 01970 RECEIVED (978) 744-9822 JAN 20 2016 DEPT. OF PLANNING & COMMUNITY DEVELOPMENT To City of Salem, Zoning Board of Appeals: We are writing regarding the recently filed plans for the property located at 1-3 East Collins Street. During the last meeting in November 2015, it was clarified that the developer's plans at that time were for the construction of 14 units on said site. He heard many arguments from the neighbors that were mainly in disagreement with the number of units he was planning on constructing because of the impact on the surrounding neighborhood. He agreed at that time to go take everything he heard and revisit his plans. Well, other than breaking up one of the two buildings on his prior plans into three buildings, there is absolutely no change in the number of units he plans on building. This site and the neighborhood cannot handle more than a maximum of 10 units, and that's being overly generous. He took his plans, changed them from two buildings to four buildings, and added some fancy, schmancy pictures of trees and plants, like that makes all the difference. But our concerns remain the same: too many units = too much traffic and overflow parking issues, possible damage to the wetlands, etc. Refer to my prior letter and those of my neighbors. Thank you for your consideration. /s/ Paul and Linda McIlvene Dated: 1/20/16 L Mary and Charles Knight 5 East Collins Street Salem, Massachusetts 01970 (978) 740-1002 RECEIVE JAN 20 2016 DEPT. OF PLANNING & COMMUNITY DEVELOPMENT January 20, 2016 Ms. Curran City of Salem Zoning Board of Appeals Dept.of Planning& Community Development 120 Washington Street, 3`d Floor Salem MA 01970 Rei 1-3 East Collins Street Salem MA01970 Dear Ms. Curran and Zoning Board Members: Again we come before your board in an effort to appeal to your sensibilities on what good and proper development in this city should look like. We are still opposed to the proposed plan even as it is presented to you this evening (new plan submitted Jan. 13, 2016). It was my understanding from the last ZBA meeting on November 18, 2015,that Mr. Meyer's request for a continuance was contingent upon coming back to this board with a more suitable fit to the neighborhood and much smaller in scale than his proposed plan at that time. After reviewing his new plan that he submitted for this meeting, I find it insulting to ourselves and this board that he appears to have completely disregarded the contingency of that request for a continuance. The scale is virtually the same,the amount of units has not changed; the only difference that is clear to us is that Building A of the original proposed plan is now broken down into three separate buildings. Nothing in this new plan suggests any significant changes have been made to the plan proposed on November 18. It continues to remain vastly over stepping the bounds of what should be allowed to be constructed in this particular neighborhood. We feel confident in speaking for our neighbors, in saying that we are not opposed to the re-development of the former Ward 2 Social Club property, as long as it fits into the neighborhood. We (my husband and myself) could possibly support of a few single family homes similar to those built recently on Planters Street. Mr. Meyer has made it very clear that he is only into this project to make a pile of money, as he so eloquently stated at the ZBA meeting held on November 18. The fact that Mr. Meyer purchased a piece of property with multiple hurdles to reach his ultimate goal is not the problem of this Board, nor the residents of this neighborhood. The property is zoned R1, nonconforming use and that it should remain. This Board is to decide whether the proposed project will be"less detrimental*—than its?current status. What is considered "less detrimental"to one may not be F to another. The neighborhood hood feels that the proposed project is very much "more detrimental"than its current use. What exactly determines what is"more" or"less" detrimental,what are the parameters to judge that? Well, in the opinion of those individuals who will have to directly live with the decisions this Board makes on this issue, it is considered "more detrimental" not"less." This project is oversized for this neighborhood. r We are also wondering how the project plans to address the already existing flooding issues that the property experiences. Will the proposed project cause a new flood path that could potentially affect abutters more than what they are already accustomed to experiencing? A photograph taken the other day during the Nor Easter was forwarded to this Board. This is what happens every time there is a significant rainfall; this is what has been occurring since we moved here in 1999. The lot has only been paved for half the time we have lived here; whether it is gravel or paved with asphalt; the same situation occurs every time. We all seem to be tripping over just the first hurdle this project is requesting. We all seem to be forgetting or looking past the fact that there are several variances proposed here, aside from the zoning issue. Mr. Meyer is asking for variances regarding several dimensional aspects of this project. Mr. Meyer is asking for variances regarding frontage,side setbacks and distance between buildings and height. The bottom line is that this property is zoned R1 and it should remain that way. Mr. Meyer can build a lovely single family home on the property and make a profit. The current proposal does not fit, and no one in the neighborhood supports it. Sincerely, Mary Knight Charles Knight i r r rf � O 2016 .. •ANNING & ��` :.. P TOE PL UNITY DEVELOPM ENT {t TI- AII # I! i aiY 4�.M1 raj. fil\ 'P ,�+T 3 0 'h*``L. k i _ry1. $r *1 � � « ,+a low , moiv v1 V so "' Yr t v cvC A4 _ 3r t'5Z.4- iY ' '� f ^ Ay Rv, y• ' # 4A ry ? a 'N'# ' a y.?t 1 3f ! �-lgr ,r PY„Yar z y� fY� zTAI fi r sK2 E , dqq p nn '• a �y; 1 *` i� Ems• b hS,. i 4 +' +f f -., g.� u : & 1// ,.c t •9 Fb � } �. ` S�""' s�m� ,.,ss'"�Y�" �3 we �'.®. . bayPIq ' Xn �. ix� :/ ' gyp'" nt e�f yy : �4Y i i a1NM t P I ' 1 } ,� Y ti. �,tiz . �4� X }+S. T 1 �k � '� a - l"�� .,. i X11 m � �� r �."�."_ � �� k .� IIIIffi1�. E _ .::.. A � � � ��' $9A T � Y is _�.1 � �' ,� I ; 1 ' ' f .6 .i��. y '^ ' -, JW � k . }., u try ,p' y,. 'R ' ,. n r o.'13,.? �, '�. E e "_ � 'ear �° e�•,a�. J 'ys _ g� I.. -e*S,' zIT 3 milli i i �t i Mary and Charles Knight 5 East Collins Street Salem, Massachusetts 01970 REGE (978) 740-1002 G;;C 16 2015 DEPT. OF PLANN!NG& COMMUNITYL.tlPA1cNT December 15, 2015 Ms.Curran City of Salem Zoning Board of Appeals Dept.of Planning&Community Development 120 Washington Street, 3rd Floor Salem MA01970 Re: 1-3 East Collins Street Salem MA 01970 Dear Ms.Curran and Zoning Board Members: Again we come before your board in an effort to appeal to your sensibilities on what good and proper development in this city should look like. We are still opposed to the current proposed plan by Mr. Meyer(as of 10:44am on this date). It remains to be vastly over stepping the bounds of what should be allowed to be constructed in this particular neighborhood. We feel confident in speaking for our neighbors, in saying that we are not opposed to the re-development of the former Ward 2 Social Club property, as long as it fits into the neighborhood. We (my husband and myself)are in support of a few single family homes similar to those built recently on Planters Street. Mr. Meyer has made it very clear that he is only into this project to make a pile of money, as he so eloquently stated at the ZBA meeting held on November 18. The fact that Mr. Meyer purchased a piece of property with multiple hurdles to reach his ultimate goal is not the problem of this Board, nor the residents of this neighborhood. The property is zoned Rl, nonconforming use and that it should remain. This Board is to decide whether the proposed project will be 'less detrimental'than_its current status. What is considered "less detrimental'to one may not be to another. The neighborhood feels that the proposed project is very much "more detrimental'than its current use. What exactly determines what is"more"or"less" detrimental,what are the parameters to judge that? Well, in the opinion of those individuals who will have to directly live with the decisions this Board makes on this issue, it is considered"more detrimental' not"less." This project is oversized for this neighborhood. We are wondering how the project plans to address the already existing flooding issues that the ^ property experiences. Will the proposed project cause a new flood path that could potentially affect abutters more than what they are already accustomed to experiencing? We all seem to be tripping over just the first hurdle this project is requesting. We all seem to be forgetting or looking past the fact that there are several variances proposed here, aside from the zoning issue. Mr. Meyer is asking for variances regarding several dimensional aspects of this project. Mr. Meyer is asking for variances regarding frontage, side setbacks and distance between buildings and height. Bottom line is the property is zoned Rl and it should remain that way. Mr. Meyer can build a lovely single family home on the property and make a profit. The current proposal does not fit, and no one in the neighborhood supports it. Sincerely, Mary Knight Charles Knight Erin Schaeffer From: Jack Butterworth <'ackbutterworth@ ahoo.com> "77" J Y RE�za k � Sent: Monday, December 07, 2015 4:24 PM L_4sdE To: Erin Schaeffer;Jack Butterworth DEC Oe 2)tJ Subject: The apartment development proposal at 1-3 East Collins Street DEPT OF ^.ppJG& COMMut�gT•,: To the Zoning Board of Appeals, My name is John Butterworth. Since 1993 1 have lived at 14-B Holly Street and since 2006 1 have walked at least four miles a day, Monday-Thursday, for exercise. Frequently my walks take me to Collins Cove and the Ward 2 Social Club, and I pause at the back of the parking lot to look out on the beach and the salt marsh that abut the property. There are always birds there, but the most striking are the cranes. I have seen them feeding at the edge of the cove and in a small body of water about 20 feet from the rise. They make this salt marsh one of the lesser-known natural treasures of Salem in my opinion and I hope that the extensive construction that is proposed can be accomplished without significantly disrupting their visits. Thank you for your attention and if you have any further questions I will be happy to answer them. John Butterworth i TO: City of Salem ZBA From: Scott&Tricia Truhart 4 East Collins ST IEC RE: Mike Meyer 1 East Collins ST (ward 2 club site) • GSC � � 21`.:� DEFr ' To: Board of Appeals Members: COMM' At last month's ZBA meeting you heard from the petitioner as well as numerous neighbors pertaining to what any reasonable person considers unscrupulous over development of the petitioner's property. I understand the board granted a continuance and advised that the project is simply to large scale for the area. I am not sure what is being proposed now as nothing has been submitted as of llam 12/14. 1 would like to focus on a few things that should be sticking out to the community but I am afraid are not being seen. This is really more around the zoning regulations; that in at least one area the petitioner is asking for a special permit on something that the special permit is not meant to cover. The.petitioner is trying to seek a ruling on going from one non-conforming use (club)to another non- conforming use (condo/townhomes/duplex.) The intended purpose of this zoning condition is to allow for consideration of another non-conforming use generally similar and in most cases the same building as is. It is certainly not designed for total land use changes and demolition of the current non- conforming structure.The provision even allows for alteration of the structure providing it is not more detrimental then the existing. An example of the special permit for non-conforming use to another non- conforming use would be the following: club repurposed as a yoga studio, or club repurposed as medical office, both these non-conforming examples are what this section is meant for, and it helps to prevent the non-conforming use from becoming abandon due to the zone. The petitioner is not looking to repurpose, he is looking to make a total land use change. (Land use change is not part of this section) The petitioner is also seeking hardships. I urge this board to see though this. There are no hardships; the petitioner bought a property that has a use and also happens to be R1, he can certainly build to what the R1 allows if he wants to. It is no one's business how much it costs to build in a flood zone, or effects of a known pipeline project, what he is essentially saying is that to develop condo/townhome/duplex housing on this land will be expensive. So what-the sky is blue and water is wet too. I urge this board to see though this "diversion "technique. In summary I would also note: there is plenty of non-conforming property around, if this incorrect use of special permit is granted, it will set precedent for others to supersede our zoning laws. Thanks for your integrity uphold our city neighborhood. Scott Truhart Trica Truhart #4 East Collins Street. Kim Surles Resident Ward 2 RECEIVED 27 Planters St. NOV 0 9 2015 OEPr OF PLA NINO a Salem Ma.01970 COMMUNyryOLVFtOPw NT To the Board of Appeal, In regards to Michael Meyers request for a special permit. I'm asking you to not grant any variance for the proposed construction of eighteen units at the corner of East Collins and Planters St. Allowing another 40 to 50 people to reside in such a small footprint in my opinion will be detrimental to this part of the neighborhood . If each family has two vehicles there could be up to thirty six. Not to mention when they have company. There isn't any drainage at that end of Planters street(have seen cars floating in the lot). Water pressure and sewerage, may have problems. The address given for the variance is 1-3 East Collins St. But the larger footprint of the site is along Planters St. Views that residents currently enjoy will be replaced with a building that for this neighborhood is too large. It is zoned R-1,if anything,three to four singles would be more appropriate. Michael Meyer sees an opportunity to make a boatload of money, but to us,our property is not a commodity it's our home. Please do not allow this change to the character of our neighborhood. See attached . Thank you, Kim Surles r ! fit`, _t-` e*' •� ��'-,. �+ke"� � — t;� _ t- •Fk,' ♦ d4{,rtx o a s."",�wn�.-w�„ik�.�,r zn A 5 _ u BUIL �46 TO vc .. pp xt ,F IS t rte . r Erin Schaeffer From: vtsdmailer@vt-s.net on behalf of ttraudt@spectraenergy.com Sent: Tuesday, November 17, 2015 8:36 AM To: Erin Schaeffer Subject: [City of Salem MA] 1-3 Collins Street Letter Attachments: letter_to_zoning-boa rd_of_appea ls_november_16_2015_final.docx Hello eschaeffer, Terry Traudt (ttraudtCcDspectraenergy.com) has sent you a message via your contact form (http://www.salem.com/user/326/contact) at City of Salem MA. If you don't want to receive such e-mails,you can change your settings at http://www.salem.com/user/326/edit. Message: Good morning Erin, Attached is a letter of approval of the preliminary development plan for the 1-3 Collins Street property. Mr. Meyer has shown me a plan which removes the permanent structure over the Algonquin Gas easement. Mr. Meyer will still need to obtain Algonquin's written approval of the final plans. Terry Traudt, Universal Field Services Right of Way Manager, Assigned to the Salem Lateral Project 1 Algonquin Gas Transmission, LLC Spectra Energy) 27 Congress Street Partners" Suite 210 Salem, MA 01970 Toll Free: 888-387-4448 November 16, 2015 City of Salem Zoning Board of Appeals Erin Schaeffer 120 Washington Street 3`d Floor Salem, MA 01970 Re: Anneal of 1-3 East Collins Street Realty Trust dated September 25, 2015 Dear Ms. Schaeffer: As a follow up to my letter to the Board dated October 15, 2015, I have met with Mr. Meyer and have been shown a revised preliminary plan for the proposed construction at 1-3 East Collins Street, Salem, MA, which eliminates the construction of a permanent structure over Algonquin Gas Transmission, LLC's easement. As stated in my earlier letter, the Grant of Easement states that no buildings or similar structures can be constructed in the permanent easement,but the Trust, which is referred to in the Agreement as the Grantor: may construct a walkway across the Right-of-Way provided that: (1) the walkway is at least ten (10) feet above the surface of the Right-of-Way; (2) the supports for the walkway are located outside of the Right-of- Way; (3) the plans for the construction of the walkway are submitted to [Algonquin] a minimum of thirty (30) days prior to construction; and (4) the plans are approved in writing by [Algonquin]. Algonquin's approval of such plans shall not be unreasonably withheld. The Grant of Easement further states that: Grantor may construct a road, driveway or parking area within the Right-of-Way provided that: (a) Grantor provides [Algonquin] with plans showing the proposed walkway, road, driveway or parking area; (3) the plans for the construction of the road, driveway or parking area are submitted to [Algonquin] a minimum of thirty (30) days prior to construction; and (b) the plans are approved in writing by [Algonquin], which approval shall not be unreasonably withheld. Since the revised preliminary plan eliminates the structure over the easement, Algonquin has no objection to the ZBA's approval of that plan. Sincerely yours, Terrence P. Traudt, Right of Way Manager Universal Field Services Assigned to Spectra Energy and Algonquin Gas Transmission, LLC 27 Congress Street Salem, MA 01970 cc: 1-3 East Collins Realty Trust, Michael Meyer, Trustee 2 To: The Board of Appeals,Salem MA NOV 18 2015 Date: 11/17/2015 DEPT.OF PLANNING& From •Tim Connell COfe MUNtl r Dt`;'= 6 East Collins Street,Salem MA I am Opposed to the petitioners request for the zoning ordinance variances at 1-3 East Collins St. The main concern is related to Density. I have additional concerns related to parking and traffic. The petitioner is looking to build 14 housing units, each containing 2 or 3 bedrooms,within 2 very large buildings. Additionally this development would have 28 parking units. I believe adding 35 new people and 28 new cars in this small R1 zone/lot would be excessive. In a neighborhood that is mostly single family and multi-family house, I do not believe a development of this density, in an R-1 district, appropriately fits in with the character and fabric of the neighborhood, and therefore does not serve the public good. Even accounting for the fact that there was a non-conforming social club there,the sheer size and design of the proposed buildings,,in my opinion, is more detrimental to the neighborhood, after considering both positive and negative aspects of both the old usage versus the current design proposal. I want to say, I am fully supportive of housing on this property, I just think the size and density of this specific development is too much for this lot, in this specific section of the neighborhood. And I do want to say, I appreciate the petitioner meeting with the neighbors,discussing the proposed design and listening to folks about the expected individual homeowners impact and collective neighborhood impact, as well as his proposed public walkway access to the waterfront. I just believe the adverse effects of the current proposal before the Board of Appeals outweigh the beneficial impacts to the neighborhood or to the city. "Concerning the petitioners' statement the literal enforcement of the Ordinances would create a hardship, I would like to note that the reasons outlined: 'significant portion of the property is salt marsh and coastal dune; it is within jurisdiction of MA Chapter 91; and that the property is traversed by an easement of a natural gas line .....that make development of the site expensive and challenging'. ( I'll add in the fact it is in an RI Zone) .....All of these conditions were known limitations at the time of purchase. E� ." VED NOV _� 12015 TO: Appeals Board City of Salem. From: Scott Truhart,Tricia Truhart DEPT OFP!HVNfNG& COMMUN' In my absence I respectfully request this letter be read into record at the Novemt�er� ipettiW regarding the proposed development at 1 east Collins Street. Good evening to all. My name is Scott Truhart and I reside at 4 East Collins Street, directly across from the petitioner's property. When I heard of the news that the property had been purchased for residential use I was overjoyed.That feeling quickly changed when the petitioner told me he was planning to build 28 condos. His realtor said it would be great and they would have water views and a beach. I was quick to reply that the rest of us would lose our valued water views and stare into a wall and have to deal with 30 plus residents on this quiet corner. At this time I mentioned a good fit would perhaps be 3-4 single family homes. The reply was that if he did that he would go broke. He has also essentially tried to "buy out" neighbors that show opposition. I bring this up as it speaks volumes on the character of the petitioner. All of his plans include elevated units as the property floods. Building in flood zones is irresponsible at best. In the "statement of grounds" letter the petitioner acknowledges the property is R1,yet is now proposing 14 townhome/condo units. It further implies he has no regard for the city's zoning. Everyone in the room understands the more units the more profits, which are what this developer is after. I doubt anyone in the room tonight, would disagree;this project is simply out of proportion for this neighborhood. It appears the petitioner is asking for relief on just about every variance the R1 is meant to protect. The letter goes on to mention a statement that commercial use of the property would go away. This is an inaccurate statement; no defined commercial use took place on this property. I highly doubt that the petitioner was not aware of the costs to develop this environmentally sensitive property prior to purchase. It should not be the concern of the city or anyone else his financial obstacles. Claiming financial hardship is simply weak and no one in this rooms business. If this project is approved there will be many detriments to the immediate neighbors, something I will refrain from speaking here as I'm sure they will be mentioned by the persons in the room if not done so already. It also seems the petitioner is seeking going from one non-conforming use to another,for this to apply the new use would need to be similar. Condo/townhome is not similar so this motion in itself should be denied. In closing it is noteworthy to mention again this project is about PROFITS! The fad is the conservation of the fabric of this neighborhood will be destroyed with this type of building. I hope this board has the wisdom and courage to decline this project in its entirety. Thank you. Scott Truhart/Tricia Truhart . Adam Craig November 17`",2015." Resident Ward 2 �yy p 29 Planters St. lrEEC ; §WED Salem, MA 01970 Nev 16 2015 DEPT. OF oUi ,.%11,,'G& To the Board of Appeals, COIvioUR't I am writing to request that you,do NOT grant the list of requested variances for the proposed construction of 14 units at the corner of East Collins and Planters Street. My house is at the end of Planters Street,directly across from the current location of the Ward 2 Social Club. Any new construction project has the opportunity of building structures that match the surrounding buildings in the neighborhood. Unfortunately,this is not the main goal of the proposed plan. The builder has expressed concern . multiple times that he has invested significant money in purchasing the property and therefore is limited in his ability to,.. for example, build single-family homes like those currently being built down the street at the other end of Planters Street. He is concerned that building too small of a project will hinder him from`breaking even." In my opinion,this is an issue of risk. He took a risk by purchasing a property which could have gone to auction,, hoping and assuming that he would be granted numerous variances in order to not only break even,but of course make a profit. My response to this decision is for him to reflect on the fact that he should have"counted the cost'before taking this risk. The neighborhood should not be required to bear the brunt of his optimistic,yet risky choices. If he is granted permission to build the proposed structure,multiple challenges will most likely result. The . biggest of these challenges involves parking. Nearby residents already utilize the street to park their vehicles due to a lack ofadequate off-street parking to meet the needs of their families. This currently makes the end of Collins Street, near Planters Street, a tight and somewhat dangerous two-way stretch of road. If any structure of units is built that \ . offers its occupants 1.5 parking spots per unit(in other words, 1.5 spots per family),the street will be further burdened to meet the parking needs of its residents. Lets face it, if these units are of the quality promised by the builder,they will require a price tag to match which will attract families who can afford such living. These families will LIKELY own two cars...that is the world we live in. These concerns don't even address the issue of using the Ward 2 Social Club parking lot during Emergency Snow.. Ban circumstances. The proposed project will eliminate the use of this space for such parking altogether. Even if the 1.5' spaces per family meet the needs of its occupants,there will certainly not be any extra space to welcome its neighbors in emergency situations. Again, I am not opposed to a new structure. I am opposed to the construction of a structure requires excessive_ variances that exist in order regulate conformity to a neighborhood...which will clearly be more detrimental to the current use of the property. Please build single-family homes...or find a more creative way to use the space that truly . enhances the neighborhood instead of being limited by the need to get out of the property more than was invested., -, Thank you for considering my concerns. Best regards, f / Adam J.W.Graig ' f rte, Q * Preservation at work HISTORIC SALEM INC October 21,2015 Ms. Rebecca Curran Chair—Zoning Board of Appeals 120 Washington Street Salem,MA 01970 Dear Ms. Curran: In accordance with Historic Salem, Inc.'s mission to ensure that the historic resources of Salem are preserved and that new development complements this historic city the Board of Directors of Historic Salem wishes to express concerns regarding the development project proposed at 1-3 East Collins Cove Road. The residential project does not complement the character of the surrounding neighborhood, which consists almost entirely of historic 2-2 Yz stories free standing homes from the late 19th to early 20th century. While some requested variances are minor(for example, 94.5 ft of frontage vs. 100 ft) there are others that seem to ask the ZBA to entirely disregard the underlying purpose of the zoning regulations for the benefit of the developer at the expense of the neighborhood. Most specifically is the request to put a R3 use in an R 1 zone, as well as asking for a density more than 5x that allowed by the zoning regulations. The outcome of these variances would be the introduction of a foreign building type(elevated building on stilts)into a neighborhood with a cohesive historic character. The nearby project on Planter Street approved earlier in 2015 that created four single family homes and a duplex unit offers a good example of providing needed housing types that continue the character of the neighborhood. We respectfully request that the ZBA help to maintain the character of this historic neighborhood by not granting variances that will enable construction so out of character with the neighborhood. Thank you for your consideration of this letter. Sincerely, ( A J,-61, Jennifer Firth President 9 North Street I P.O. Box 865 1 Salem, MA 01970 V 978.745.0799 1 F 978.744.4536 info@historicsalem.org I www.iiistoriesalem.org CC: Mayor Kimberly Driscoll Lynn Duncan—City Planner Heather Famico, Ward 2 councillor Mary and Charles Knight R 5 East Collins Street OCT 2 0 2095 Salem Massachusetts 01970 °E 01 (978) 740-1002 October 19, 2015 Mr. Gregory St. Louis City of Salem Chairman Salem Conservation Commission 120 Washington Street . Salem MA 01970 Re: 1-3 East Collins Street' Salem MA 01970 Dear Mr.St. Louis: We are writing to you today to convey our opposition to the development of 1-3 East Collins Street, Salem, Massachusetts as it is described in Mr. Meyer's Petition to this Board. The project that Mr. Meyer is proposing is far too large a development for this neighborhood,and does not fit in with the already existing residences. True;the Ward 2 Social Club had fallen into terrible management in the past several years,which caused problems in this neighborhood, however,the proposed development is far more detrimental to the peace of this neighborhood than the Club ever was. What Mr. Meyer is proposing does nothing for this neighborhood, it only benefits him financially. It is motivated purely and strictly for Mr. Meyer's capital gain. It does not fit into this neighborhood and this neighborhood vehemently opposes this project. Mr. Meyer has made it clear to neighbors that he does not care about this neighborhood,that if we "just work with" him "it will be great" and we "will love it." Our property directly abuts 1-3 East Collins Street,therefore,we have the most to lose in this deal. Mr. Meyer is proposing that one of his buildings(Building B)will be as tall as ours and the length of our entire property,therefore,eliminating any view from 90%of our windows of anything other than this building. In addition, Mr. Meyer is planning a public walkway to the beach which will run the entire length of our property line. This walkway will only further invite vagrants and prostitutes to utilize, leaving behind their debris of hypodermic needles and used condoms. Our children play in the driveway of our residence and we are not fond of the idea of our children getting stuck by dirty needles and tripping on used condoms as they play soccer and hockey in their own backyard. These are issues that already exist on the property at 1-3 East Collins Street in the parking lot areas. By creating a public walkway in this location will only direct this activity along our property line and perhaps spill onto our property itself; and this is a huge problem for us. The scale of the development will also bring in more vehicles than this neighborhood can handle. The issue of parking in this neighborhood is already a problem, particularly when there is a snow emergency. The majority of residences in this neighborhood do not have off-street parking.The Ward 2 parking lot has provided safe and nearby parking for these residents during a snow emergency and any overflow on the street should anyone have multiple visitors for many, many years. Adding more vehicles to an already congested neighborhood is really not wise. Not to mention,just the traffic flow alone. This neighborhood used to be a major cut-through from Salem to Beverly and caused a great deal of traffic, with speeding cars included. When the By-pass road was constructed and completed the traffic flow through our neighborhood was considerably decreased and made for a more quiet place to live,and safer for our children to play and walk to the park. Adding this many vehicles will only return this neighborhood to the way it was before the by-pass road came along. Another concern of course is the construction that will take place directly over the new high-pressure liquid natural gas pipeline that they are currently constructing. Knowingly building residences over a 16 inch high pressure natural gas line does not seem like a very smart thing to do. The buildings are proposed to be constructed upon stilts to avoid flooding which occurs at 1-3 East Collins Street,every time there is a heavy rainfall, astronomical high tide and/or Nor Easter, and especially when all three occur simultaneously. These stilts I am assuming will need to be drilled quite deep to withstand the weight of both buildings, however, my particular concern is with "Building A"as it is being constructed directly over the pipeline. What Mr. Meyer is proposing for the beach/dunes and wetland is also of great concern. Mr. Meyer talks of"cleaning"the beach and coastal dune. We are not sure what this actually entails, however,we would like you to hear our concerns with this"cleaning." The dunes on the coast behind 1-3 East Collins Street are the ONLY dunes in this city. They provide a mating and nesting ground for migratory birds that are protected by the Federal Migratory Bird Treaty Act of 1915. They also contain an almost extinct species of plant(Prunus maritima= beach plum)that are an integral part of maintaining the existence and health of the coastal dunes. These shrubs were ordered to be planted there by the Department of Environmental Protection when the former manager of the Ward 2 Social Club had clear cut the berm that separates the parking lot from the beach/wetlands/dunes. Mr. Meyer is asking for a zoning change that he feels is a "less detrimental" use. We feel that this is not "less detrimental" at all,that it is very detrimental to the character of this neighborhood. This project will create more traffic,and take away parking for the already existing residents. This project does not benefit this neighborhood in any way shape or form, it only benefits Mr. Meyer. Let me give you an example of something that would fit and be more appropriate in this neighborhood; Mr. Skomurski currently has a project under construction at the corner of Bridge and Planters Streets. His property is already commercially zoned;this property would have been more suitable for Mr. Meyer and his re- development proposition. However, Mr.Skomurski is building 4 single family homes and a duplex that will be constructed on Bridge Street on his commercially zoned property. Mr. Skomurski's re- development of the old Salem Plumbing Supply building is a great fit, and a more appropriately sized project for this neighborhood. This project will personally decrease our property value, as it will create an over-lording structure that will shadow our property,as well as, invite all kinds of unsavory activity directly along our property line with this proposed"public walkway." Mr. Meyer also talks of converting the parking lot into open green space,this green space only benefits the property it is on, as the structures being proposed will block any access to or view of this proposed green space. Therefore,we cannot see how this will benefit the neighborhood in any way. Also, Mr. Meyer's acquisition of this property seems a little sketchy at best. The Ward 2 Social Club was a member's only club, governed by the members. The members should have had the opportunity to discuss the sale of the property or transfer to another party for redevelopment and vote on it,this did not happen. The property was sold/transferred to Mr. Meyer without the knowledge of its members,essentially behind their backs. So we additionally question the validity of this acquisition in and of itself. In closing,the proposed redevelopment of 1-3 East Collins Street, Salem Massachusetts is a project that will only benefit Mr. Meyer. It is not for the neighborhood and it is not supported by this neighborhood. It is excessive in scale and will cause more harm than good. Sincerely, Mary Knight Charles Knight Algonquin Gas Transmission, LLC Spectra Energy) 27 Congress Street Partners, Suite 210 Salem, MA 01970 Toll Free: 888-387-4448 .. a ..i'�1 November 16, 2015 h P COMKquk: 'r _ai_ Jr :..TENT City of Salem Zoning Board of Appeals Erin Schaeffer 120 Washington Street 3`d Floor Salem, MA 01970 Re: Appeal of 1-3 East Collins Street Realty Trust dated September 25, 2015 Dear Ms. Schaeffer: As a follow up to my letter to the Board dated October 15, 2015, I have met with Mr. Meyer and have been shown a revised preliminary plan for the proposed construction at 1-3 East Collins Street, Salem, MA, which eliminates the construction of a permanent structure over Algonquin Gas Transmission, LLC's easement. As stated in my earlier letter, the Grant of Easement states that no buildings or similar structures can be constructed in the permanent easement, but the Trust, which is referred to in the Agreement as the Grantor: may construct a walkway across the Right-of-Way provided that: (1) the walkway is at least ten (10) feet above the surface of the Right-of-Way; (2) the supports for the walkway are located outside of the Right-of- Way; (3) the plans for the construction of the walkway are submitted to [Algonquin] a minimum of thirty (30) days prior to construction; and (4) the plans are approved in writing by [Algonquin]. Algonquin's approval of such plans shall not be unreasonably withheld. The Grant of Easement further states that: Grantor may construct a road, driveway or parking area within the Right-of-Way provided that: (a) Grantor provides [Algonquin] with plans showing the proposed walkway, road, driveway or parking area; (3) the plans for the construction of the road, driveway or parking area are submitted to [Algonquin] a minimum of thirty (30) days prior to construction; and (b) the plans are approved in writing by [Algonquin], which approval shall not be unreasonably withheld. Since the revised preliminary plan eliminates the structure over the easement, Algonquin has no objection to the ZBA's approval of that plan. Sincerely yours, V - / C74 Terrence P. Traudt, Right of Way Manager Universal Field Services Assigned to Spectra Energy and Algonquin Gas Transmission, LLC 27 Congress Street Salem, MA 01970 cc: 1-3 East Collins Realty Trust, Michael Meyer, Trustee 2 Algonquin Gas Transmission, LLC Spectra EneTO 27 Congress Street Partners, Suite 210 Salem, MA 01970 Toll Free: 888-387-4448 E IV OCT 9 S 2015 October 14, 2015 DEPT. OF PLANNING& COMMUNITY DEVELOPMENT City of Salem Zoning Board of Appeals Attn: Erin Schaeffer 120 Washington Street 3`d Floor Salem, MA 01970 Re: Appeal of 1-3 East Collins Street Realty Trust dated September 25, 2015 Dear Ms. Schaeffer: It has been brought to the attention of Algonquin Gas Transmission, LLC ("Algonquin") by Thomas Devine, Sr. Planner for the City of Salem, that the plan filed on behalf of the 1-3 East Collins Realty Trust contains an error. Michael Meyer as Trustee of the 1-3 East Collins Street Realty Trust and Algonquin have entered into a Grant of Easement for the installation of a natural gas pipeline within a 10-foot wide permanent easement on the Trust's property (copy enclosed). The Grant of Easement sets out certain conditions that any development must meet on or over the 10' wide permanent easement. The Grant of Easement states that no buildings or similar structures can be constructed in the permanent easement, but the Trust, which is referred to in the Agreement as the Grantor: may construct a walkway across the Right-of-Way provided that: (1) the walkway is at least ten (10) feet above the surface of the Right-of-Way; (2) the supports for the walkway are located outside of the Right-of- Way; (3) the plans for the construction of the walkway are submitted to [Algonquin] a minimum of thirty (30) days prior to construction; and (4) the plans are approved in writing by [Algonquin]. Algonquin's approval of such plans shall not be unreasonably withheld. The Grant of Easement further states that: Grantor may construct a road, driveway or parking area within the Right-of-Way provided that: (a) Grantor provides [Algonquin] with plans showing the proposed f walkway, road, driveway or parking area; (3) the plans for the construction of the road, driveway or parking area are submitted to [Algonquin] a minimum of thirty (30) days prior to construction; and (b) the plans are approved in writing by [Algonquin], which approval shall not be unreasonably withheld. Thus, Mr. Meyer must have the plan revised to show that no buildings will be constructed within Algonquin's permanent easement and submit the revised plan to Algonquin for its approval. Sincerely yours, n Terrence P. Traudt, Right of Way Manager Universal Field Services Assigned to Spectra Energy and Algonquin Gas Transmission, LLC 27 Congress Street Salem, MA 01970 cc: 1-3 East Collins Realty Trust, Michael Meyer, Trustee Enclosure: Grant of Easement 2 ��- II III IIIIIIIIIII IIIIIIIIIIIIIIIIIIIIII GRANT OF'EASEMEN'T SOISSEX #360 804125 Pg;520 06/11/2015 03;26 EMNT Pg 1/5 COMMONWEALTH OF MASSACHUSETTS TRACT NO. I-18-4 COUNTY OF ESSEX KNOW ALL PERSONS BY THESE PRESENTS: that Michael Meyer as Trustee of 1-3 EAST COLLINS STREET REALTY TRUST (hereinafter called "Grantor"), for and in consideration of the sum of Ten ($10.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, and other good and valuable consideration paid by Algonquin Gas Transmission, LLC, a Delaware limited liability company, having a principal place of business at 5400 Westheimer Court, Houston, Texas (hereinafter called "Grantee" or "Algonquin"), does hereby give, grant and convey with QUITCLAIM COVENANTS unto Grantee, its successors and assigns, subject to the limitations and reservations herein stated, an non-exclusive, ten (10) feet wide pernianent Right-of-Way and easement for the purpose of laying, constructing, maintaining, operating, altering, replacing, repairing, changing the size of, abandoning and removing a pipeline from time to time, which shall be and remain the property of the Grantee, for the transmission of natural gas and all by-products thereof or any liquids,gases, or substances which can be transported through a pipeline, under and upon the following described land (the "Right-of-Way") in the City of Salem, County of Essex, Commonwealth of Massachusetts, that is more fully described and refereed to as: the land designated as Map 36, Lot 0277, by the Tax Assessor for the City of Salem and is further described in a Deed from: Ward II Social Club of Salem, Inc., to Michael Meyer as Trustee of 1-3 East Collins Street Realty Trust dated May 21, 2015 that is recorded in the Essex South District Registry of Deeds in Book 34073, Page 359 (the"Property"). The permanent pipeline easement and Right-of-Way across the Property is more particularly shown on the Drawing No. LD-P-8502dated 5/26/15 ("Drawing") that is attached as Exhibit A and made a part hereof. Notwithstanding anything to the contrary shown on the Drawing, the pennanent easement rights granted to Grantee shall extend to and include contiguous public or private ways to the full extent of Grantor's interest therein for the purpose of ingress and egress to the Right- of-Way. Grantee shall have all other rights and benefits necessary or convenient for the full enjoyment and use of the rights herein granted, including, but not limited to, the right, to be exercised at any time in Grantee's sole and absolute discretion, to remove, clear and to keep clear all buildings (including, but not limited to, sheds, garages, and other structures, whether on foundations or not), walls or similar structures, and other obstructions including, but not limited to, pipelines and conduits, except as provided below, within the Right-of-Way that may unreasonably interfere with the Grantee's use of the Right-of-Way, and the free and full right of ingress and egress, over and across the Right-of-Way. All pipelines shall be buried to a depth required by applicable laws and regulations. However, in any event no pipeline shall be placed within fifty (50) feet of the surface of the Property. Grantor may construct a walkway across the Right-of-Way provided that: (1) the walkway is at least ten (10) feet above the surface of the Right-of-Way; (2) the supports for the walkway are located outside of the Right-of-Way; (3) the plans for the construction of the walkway are submitted to Grantee a minimum of thirty (30) days prior to construction; and (4) the plans are approved in writing by Grantee. Grantee's approval of such plans shall not be unreasonably withheld. Grantor shall have the right to construct, lay, maintain, operate, inspect, alter, repair, replace, remove, reconstruct, and relocate underground pipes and utility pipes, lines and facilities, including, without limitation, water and sewer facilities, telecommunications facilities, electric lines, and fiber optic cables and related facilities within the Right-of-Way provided that: (1) Grantor provides Grantee with plans showing the location of the proposed utilities a minimum of thirty (30) days prior to the installation of the proposed utilities; (2) such utilities cross the Right- of-Way at a perpendicular angle as much as possible and so long as such crossing complies with all applicable laws governing such construction; and (3) the plans are approved in writing by Grantee. Grantee's approval of any such plans shall not be unreasonably withheld. Grantor may construct a road, driveway or parking area within the Right-of-Way provided that: (a) Grantor provides Grantee with plans showing the proposed walkway, road, driveway or parking area; (3) the plans for the construction of the road, driveway or parking area are submitted to Grantee a minimum of thirty (30) days prior to construction; and (b) the plans are approved in writing by Grantee, which approval shall not be unreasonably withheld. Grantor shall submit any plans that require Grantee's approval to Algonquin Gas Transmission, Operations Office, 8 Wilson Way, Westwood, Massachusetts 02090 (tel. No. 781- 329-3750), ami: Area Manager. If Grantee fails to respond to Grantor's request for approval within thirty (30) days of Grantees's receipt of same then any such plans shall be deemed approved without the requirement of any further action by Grantor. Except as otherwise set forth herein, Grantor shall not, excavate, fill or flood the Right of-Way without obtaining the Grantee's prior written consent, which consent shall not be unreasonably withheld. The rights, title and privileges herein granted may, in whole or in part, be sold, leased, assigned, pledged and mortgaged, and shall be binding upon and inure to the benefit of the Grantee and its successors, assigns and legal representatives. The failure of Grantee to exercise or any delay of Grantee in exercising any rights herein conveyed in any single instance or from time to time shall not be considered or construed as a waiver of such right or rights and shall not bar Grantee from exercising such right or rights, or, if necessary, seeking an appropriate remedy in conjunction with the exercise or violation of such right or rights from time to time. Grantee, its successors, assigns and legal representatives will not oppose any plans Grantor may have to develop the Property so long as such plans are consistent with the terms and conditions of this Grant of Easement. The undersigned Trustee hereby confirms that as of the date of execution of this Grant that: (1) he is the only Trustee of 1-3 East Collins Street Realty Trust ("Trust"); (2) the Declaration of Trust has not been amended or changed other than by instruments recorded in the Essex South District Registry of Deeds and is still in effect; and (3) he is fully authorized under the terms of the Trust and by all the beneficiaries of the Trust to execute this Grant of Easement. IN WITNESS WHEREOF, the Grantor has executed this Grant of Easement this 5th day of June, 2015. Grantor: 1-3 EAST COLLINS STREET REALTY TRUST. By Michael Meyer, as tee ACKNOWLEDGMENT Commonwealth of Massachusetts County of Essex, ss. On this 5th day of June, 2015, before me, the undersigned notary public, personally appeared Michael Meyer, Trustee of 1-3 East Collins Street Realty Trust who proved to me through satisfactory evidence of identification, which was a Massachusetts diver's license, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily and as his free act and deed fo Mated purpose. Notary is My Co issi n Expires: a�yI7 .„n.U°"nrrppry, J. 24'Fk��9'. • C JN: !nom Record and Return to: Algonquin Gas Transmission, LLC 27 Congress Street, Suite 210 Salem, MA 01970 Attention: Right of Way Department Exhibit A f ESSEX COUNTY, MASSACHUSETTS CITY OF SALEM TRACT 1- 18-4 F l 't N/F GLEN A. & CAROL A. I-18-3 R MAYNARD NEW ENGLAND POWER COMPANY Q R I-18-4 N/F PROPOSED PIPELINE WARD II SOCIAL CLUB OF SALEM, INC. 4� —J 10' WIDE EASEMENT tl �. 1 PLANTERS STREET NOTES: ;t 1. ACTUAL LOCATION OF THE NEW PERMANENT EASEMENT IS TO BE TRACT 1-18-4 DETERMINED BY CENTERLINE OF THE SPECTRA ENERGY PIPELINE AS j7?'Zj EASEMENT-2.199 So. FT. INSTALLED. 2. PROPERTY LINES DEPICTED HEREON WERE COMPILED FROM EXISTING ASSESSORS RECORDS, PLANS OF RECORD AND EVIDENCE OF OCCUPATION AND DO NOT REPRESENT THE RESULTS OF A BOUNDARY RETRACEMENT SURVEY. OWNER: 1 -3 EAST COLLINS STREET REALTY TRUST SALEM, MA S1jeCtra Energy,)) LOC. ESSEX COUNTY, MASSACHUSETTS REV.2 Partners. CHK. BY TT ENG. DATE: 5/26/2015 C.E.000064.001 Algonquin Gas Transmission,LLC DRN. BY VHB SCALE: 1""=50" DWG. LD—P-8502 1 of 1 5400 Wa1heimcrCl.Hoown,TX 77056-57107131627-5400 Erin Schaeffer From: Courtney Heath <courtney.e.heath@gmail.com> Sent: Wednesday, October 21, 2015 2:52 PM To: Erin Schaeffer Subject: Letter to be read into record- Zoning board meeting Ward 2 Social Club Erin, I'm hoping you might be able to have the below letter be read into the record at tonight's Zoning Board of Appeals meeting. Unfortunately, I'm unable to attend, but wanted to make sure another perspective of a resident in the neighborhood was available for consideration. Thanks! Courtney Dear members of the zoning board, I have been a resident of Salem now for close to 12 years and a recent resident of the Bridge St Neck neighborhood - now 2 years. I am concerned about the current proposal for the Ward 2 Social Club property. Although I appreciate the developer has modified the plan in scope from the 28 units to 24, I still have reservations about the impact on the neighborhood both in terms of population density ad also in terms of architectural aesthetics. We've recently seen conversion of several homes on Bridge St. to multiple condo units, as well as the new development underway at the former industrial park off of Bridge St.. Both of these projects will increase population density in the neighborhood in the coming months. Of course, any new development at the Ward 2 Social Club site will contribute to increased density, but I think we can think long and hard about how much increased density this neighborhood can bare. Additionally, I have significant concerns about the current design under consideration. This neighborhood is so charming with two-story capes and three-story single and two family homes. The currently proposed design diverges from the overall aesthetic of the neighborhood. This site is also a prominent part of our waterfront, which in my opinion is one of the biggest assets to the city of Salem. I believe we as a community should strongly consider how this new development will be viewed and affect the view from the street level, neighboring homes, and also from the water. We have also seen a string of recent development projects across the city that have deployed bland architecture and cheap materials. Let's try to consider designs that will stand the test of time,just as the generations before us who made Salem so great did. I truly appreciate the developers interest in investment in Salem, but I also think Salem can be more selective than we are in the way these types of projects are executed. We are a desirable city, where people want to come and make investments. Let's make sure we help guide those investments with the long term future of Salem in mind. Thank you for your time and consideration as you help to make smart decisions that build our city. 1 Best regards, Courtney Heath 17 Barton St. Salem MA Courtney Heath 2 PAUL AND LINDA MCILVENE 7 East Collins Street Salem, MA 01970 (978) 744-9822 OCT 2 0 2095 DEPT.OF PLANNING& COMMUNITY DEVELOPMENT TO: City of Salem, Board of Appeals DATE: October 20, 2015 SUBJECT: 1-3 East Collins Street, Salem, MA Please be advised the we vehemently oppose the current plans set forth by Mr. Michael Meyer and enclosed with your notice of the meeting to take place on 10/21/15. Our reasons are set forth below: 1. Parking Impact. The neighborhood is small and most residents must utilize on-street parking by necessity. East Collins Street is already crowded with the vehicles of current residents and the occasional visitors. Supposing the 18 condo units are, in fact, provided one parking space as proposed,where will the second vehicle that we all know most family units have park? On the already crowded street of course. Then there are the visitors for the 18 new families in the neighborhood. And let's not get started on the winter months and off-street parking. That will disappear once the property at 1-3 East Collins Street is developed, as many residents utilize that property now during winter storms. 2. Traffic Impact. When the new bypass road was opened,East Collins Street became a much quieter,less traveled road. Instead of constant traffic noise and occasionally being stuck in stopped traffic unable to reach home when the Beverly/Salem Bridge was open to boats,it now seems quite serene. I can actually open my windows on:a nice day and hear my television without the roar of traffic outside my window. Of course, 18 new condo units two doors down from our home will result in an increase in traffic. 3. Invasion of Privacy. Most of the houses in our neighborhood are single family homes with a smattering of a couple of multi families here and there. Our home is a small one- family surrounded by bigger homes and, as most everywhere in Salem,the houses are close together. To have a monstrosity of a building that's four stories high right outside your bathroom or bedroom windows, or looming over you while you relax in your backyard is unacceptable, is borderline an invasion of privacy. 4. Not a Neighborhood Fit. The plans as set forth currently are for two separate buildings that look like motels. They are monstrosities that don't belong in a small, residential neighborhood of mostly single family homes. Three to four homes similar to those being built on Planters Street,or even duplex residences, are more appropriate. And they certainly don't need to be four stories high, even if they. are built on stilts. 5. Damage to the Salt Marsh. Mr. Meyer plans on extending one of the buildings out over the marsh area. I am totally against any type of construction into or over the salt marsh area. This is a protected area that is frequented by snowy egrets,herons, ducks and other migratory birds. We once even saw seals there. Not only is Mr. Meyer greedy for money,but it appears he's trying to build on land that doesn't even really belong to him. 6. Natural Gas Line. I don't even want to think of what could happen if he drills or digs too deep over the gas line that's going to be going through there. In short, Mr. Meyer's plans show he is simply a greedy individual looking to pocket a few million dollars. He does not care about the neighborhood or it's residents. If he really cared, he wouldn't sneak around like a coward in the dark of night to put meeting flyers in our mailboxes about a meeting to take place in less than 24 hours. Thank you for your consideration in denying Mr. Meyer's petition/plans. 2 Paul and Linda McIlvene 3 R EC tltl - �e Mary and Charles Knight OCT 2 0 2015 5 East Collins Street DEPT. OFPLA"',r',C;; COMMUNITY r?a DLi's Salem Massachusetts 01970 (978) 740-1002 October 19, 2015 City of Salem Board of Appeals 120 Washington Street, 3rd Floor Salem MA 01970 Re: 1-3 East Collins Street Salem MA 01970 Dear Zoning Board: We are writing to you today to convey our opposition to the development of 1-3 East Collins Street, Salem, Massachusetts as it is described in Mr. Meyer's Petition to this Board. The project that Mr. Meyer is proposing is far too large a development for this neighborhood, and does not fit in with the already existing residences. True; the Ward 2 Social Club had fallen into terrible management in the past several years,which caused problems in this neighborhood, however,the proposed development is far more detrimental to the peace of this neighborhood than the Club ever was. What Mr. Meyer is proposing does nothing for this neighborhood, it only benefits him financially. It is motivated purely and strictly for Mr. Meyer's capital gain. It does not fit into this neighborhood and this neighborhood vehemently opposes this project. Mr. Meyer has made it clear to neighbors that he does not care about this neighborhood,that if we "just work with" him "it will be great" and we "will love it." Our property directly abuts 1-3 East Collins Street,therefore,we have the most to lose in this deal. Mr. Meyer is proposing that one of his buildings (Building B) will be as tall as ours and the length of our entire property,therefore,eliminating any view from 90%of our windows of anything other than this building. In addition, Mr. Meyer is planning a public walkway to the beach which will run the entire length of our property line. This walkway will only further invite vagrants and prostitutes to utilize, leaving behind their debris of hypodermic needles and used condoms. Our children play in the driveway of our residence and we are not fond of the idea of our children getting stuck by dirty needles and tripping on used condoms as they play soccer and hockey in their own backyard. These are issues that already exist on the property at 1-3 East Collins Street in the parking lot areas. By creating a public walkway in this location will only direct this activity along our property line and perhaps spill onto our property itself; and this is a huge problem for us. The scale of the development will also bring in more vehicles than this neighborhood can handle. The issue of parking in this neighborhood is already a problem, particularly when there is a snow emergency. The majority of residences in this neighborhood do not have off-street parking.The Ward 2 parking lot has provided safe and nearby parking for these residents during a snow emergency and any overflow on the street should anyone have multiple visitors for many, many years. Adding more vehicles to an already congested neighborhood is really not wise. Not to mention,just the traffic flow alone. This neighborhood used to be a major cut-through from Salem to Beverly and caused a great deal of traffic, with speeding cars included. When the By-pass road was constructed and completed the traffic flow through our neighborhood was considerably decreased and made for a more quiet place to live,and safer for our children to play and walk to the park. Adding this many vehicles will only return this neighborhood to the way it was before the by-pass road came along. Another concern of course is the construction that will take place directly over the new high-pressure liquid natural gas pipeline that they are currently constructing. Knowingly building residences over a 16 inch high pressure natural gas line does not seem like a very smart thing to do. The buildings are proposed to be constructed upon stilts to avoid flooding which occurs at 1-3 East Collins Street,every time there is a heavy rainfall, astronomical high tide and/or Nor Easter,and especially when all three occur simultaneously. These stilts I am assuming will need to be drilled quite deep to withstand the weight of both buildings, however, my particular concern is with "Building A" as it is being constructed directly over the pipeline. What Mr. Meyer is proposing for the beach/dunes and wetland is also of great concern. Mr. Meyer talks of"cleaning"the beach and coastal dune. We are not sure what this actually entails, however,we would like you to hear our concerns with this"cleaning.".The dunes on the coast behind 1-3 East Collins Street are the ONLY dunes in this city. They provide a mating and nesting ground for migratory birds that are protected by the Federal Migratory Bird Treaty Act of 1918. They also contain an almost extinct species of plant(Prunus maritima= beach plum)that are an integral part of maintaining the existence and health of the coastal dunes. These shrubs were ordered to be planted there by the Department of Environmental Protection when the former manager of the Ward 2 Social Club had clear cut the berm that separates the parking lot from the beach/wetlands/dunes. Mr. Meyer is asking for a zoning change that he feels is a "less detrimental" use. We feel that this is not "less detrimental" at all,that it is very detrimental to the character of this neighborhood. This project will create more traffic, and take away parking for the already existing residents. This project does not benefit this neighborhood in any way shape or form, it only benefits Mr. Meyer. Let me give you an example of something that would fit and be more appropriate in this neighborhood; Mr. Skomurski currently has a project under construction at the corner of Bridge and Planters Streets. His property is already commercially zoned;this property would have been more suitable for Mr. Meyer and his re- development proposition. However, Mr.Skomurski is building 4 single family homes and a duplex that will be constructed on Bridge Street on his commercially zoned property. Mr. Skomurski's re- development of the old Salem Plumbing Supply building is a great fit,and a more appropriately sized project for this neighborhood; This project will personally decrease our property value, as it will create an over-lording structure that will shadow our property,as well as, invite all kinds of unsavory activity directly along our property line with this proposed "public walkway." Mr. Meyer also talks of converting the parking lot into open green space,this green space only benefits the property it is on,as the structures being proposed will block any access to or view of this proposed green space. Therefore,we cannot see how this will benefit the neighborhood in any way. Also, Mr. Meyer's acquisition of this property seems a little sketchy at best. The Ward 2 Social Club was a member's only club,governed by the members. The members should have had the opportunity to discuss the sale of the property or transfer to another party for redevelopment and vote on it,this did not happen. The property was sold/transferred to Mr. Meyer without the knowledge of its members, essentially behind their backs. So we additionally question the validity of this acquisition in and of itself. In closing,the proposed redevelopment of 1-3 East Collins Street,Salem Massachusetts is a project that will only benefit Mr. Meyer. It is not for the neighborhood and it is not supported by this neighborhood. It is excessive in scale and will cause more harm than good. Sincerely, Mary Knight Charles Knight r Erin Schaeffer From: vtsdmailer@vt-s.net on behalf of katherine-schrader@hotmail.com Sent: Wednesday, March 16, 2016 3:59 PM To: Erin Schaeffer Subject: [City of Salem MAI zoning for Ward 2 social club 1-3 East Collins st Hello eschaeffer, Katherine Schrader(katherine-schrader(a@hotmail.com) has sent you a message via your contact form (http://www.salem.com/user/326/contact) at City of Salem MA. If you don't want to receive such e-mails,you can change your settings at http://www.salem.com/user/326/edit. Message: I am concerned about the building Mr Meyers would like to put on the space where the ward 2 social club sits As of today I see he is advocating for 18 units in a tiny space he is requesting variance for dwelling unit, lot spaces, minimum space between buildings the height of the building front and side yard space This is too many variances to change for one person who does not even live in the neighborhood I have also heard he want to add a kayak ramp and beach access in I don't think parking as been considered, there is not adequate parking in the neighbor hood as it is, he wants to invite more people into our neighborhood without having the resources I am also concerned with what building will do to the ocean tides, although ward 2 does flood on occasion if the burrs are taken down I am concerned about more flooding further up and more flooding in our neighborhood From what I understand it was suggested Mr Meyers met with the neighbors ,which I believe may have happened, however neither I or my husband were invited. we have attended each of the zoning meeting where this has been discussed, I am concerned about the lack of communication and lack or consideration for the neighborhood Mr Meyers was aware of the issues with land when he bought it, now he wants to have all the variance changed to benefit him, 1 I PAUL & LINDA MCILVENE 7 EAST COLLIN ST. SALEM, MA 01970 (978) 744-9822 TO: Zoning Board of Appeals City of Salem, MA DATE: March 16, 2016 RE: Proposal for 1-3 East Collins Street We continue to strongly object to the plans as currently proposed. It seems Mr. Meyer and his cohorts are not listening to the Board nor the neighbors. The plans for a strip mainotel type of building(s) does not fit with the neighborhood. It only allows Mr. Meyer to squeeze in as many units as he can to make as much profit as he can. He is obviously preparing for the possibility of not being able to build an additional building in the Chapter 91 portion of the property,by trying to get away with building too many units on a small strip of the property. Yes, the current plans as compared to the original plans filed back in September of 2015 show an appreciable reduction in the number of units. But that's because his original proposal was way too ambitious for this small neighborhood. And instead of being realistic and coming back with real plan changes and an earnest reduction in the number of units to show he really was willing to work with the neighbors, he comes back time and time again with very minor changes. From the plans submitted for the January meeting to these current plans, there is no real discernable change. It shows a lack of honesty and good faith, and shows he really doesn't care about the neighbors and their neighborhood. He just wants to build, make his money, and move on to the next project, leaving the existing neighbors to deal with his mess. It's taken several months of various neighborhood meetings (at least in the early months) that became yelling matches, and meetings in front of the Board, to get the number of units reduced to 11. Now, there's bad blood between the parties and none of the neighbors are willing to accept nothing less than what we deserve in that location. Mr. Meyer needs to stop wasting his time, our time, and the Board's time. Thank you. PAUL & LINDA MCILVENE 7 EAST COLLIN ST. SALEM, MA 01970 (978) 744-9822 TO: Zoning Board of Appeals City of Salem, MA DATE: March 16, 2016 RE: Proposal for 1-3 East Collins Street We continue to strongly object to the plans as currently proposed. It seems Mr. Meyer and his cohorts are not listening to the Board nor the neighbors. The plans for a strip mall/hotel type of building(s) does not fit with the neighborhood. It only allows Mr. Meyer to squeeze in as many units as he can to make as much profit as he can. He is obviously preparing for the possibility of not being able to build an additional building in the Chapter 91 portion of the property, by trying to get away with building too many units on a small strip of the property. Yes, the current plans as compared to the original plans filed back in September of 2015 show an appreciable reduction in the number of units. But that's because his original proposal was way too ambitious for this small neighborhood. And instead of being realistic and coming back with real plan changes and an earnest reduction in the number of units to show he really was willing to work with the neighbors, he comes back time and time again with very minor changes. From the plans submitted for the January meeting to these current plans, there is no real discernable change. It shows a lack of honesty and good faith, and shows he really doesn't care about the neighbors and their neighborhood. He just wants to build,make his money, and move on to the next project, leaving the existing neighbors to deal with his mess. It's taken several months of various neighborhood meetings (at least in the early months) that became yelling matches, and meetings in front of the Board, to get the number of units reduced to 11. Now, there's bad blood between the parties and none of the neighbors are willing to accept nothing less than what we deserve in that location. Mr. Meyer needs to stop wasting his time, our time, and the Board's time. Thank you. Erin Schaeffer From: vtsdmailer@vt-s.net on behalf of katherine-schrader@hotmail.com Sent: Wednesday, March 16, 2016 3:59 PM To: Erin Schaeffer Subject: [City of Salem MA] zoning for Ward 2 social club 1-3 East Collins st Hello eschaeffer, Katherine Schrader(katherine-schrader@hotmail.com) has sent you a message via your contact form (http://www.salem.com/user/326/contact) at City of Salem MA. If you don't want to receive such e-mails,you can change your settings at http://www.salem.com/user/326/edit. Message: I am concerned about the building Mr Meyers would like to put on the space where the ward 2 social club sits As of today I see he is advocating for 18 units in a tiny space he is requesting variance for dwelling unit, lot spaces, minimum space between buildings the height of the building front and side yard space This is too many variances to change for one person who does not even live in the neighborhood I have also heard he want to add a kayak ramp and beach access in I don't think parking as been considered, there is not adequate parking in the neighbor hood as it is, he wants to invite more people into our neighborhood without having the resources I am also concerned with what building will do to the ocean tides, although ward 2 does flood on occasion if the burrs are taken down I am concerned about more flooding further up and more flooding in our neighborhood From what I understand it was suggested Mr Meyers met with the neighbors ,which I believe may have happened, however neither I or my husband were invited. we have attended each of the zoning meeting where this has been discussed, I am concerned about the lack of communication and lack or consideration for the neighborhood Mr Meyers was aware of the issues with land when he bought it, now he wants to have all the variance changed to benefit him, 1 ' Erin Schaeffer From: Lynn Duncan Sent: Tuesday, December 15, 2015 10:19 AM To: Erin Schaeffer Subject: FW: RE: FW: East Collins Rendered elevation Attachments: Elevations.pdf;floor plan.pdf; site plan.pdf fyi Lynn Lynn Goonin Duncan, AICP Director of Planning&Community Development 120 Washington Street, Salem, MA 01970 T: 978-619-5685 F: 978-7400-0404 0�tEti From: Jessica Herbert [mailto:jherbert5@comcast.net] Sent: Tuesday, December 15, 2015 9:27 AM To: Emily Udy Cc: Scott Grover; Lynn Duncan; Jane Guy; David Hart (E-mail); Larry Spang; Heather Famico; William H. Legault; Michael Sosnowski; Susan Keenan; mmeyer@ne-development.com Subject: Fwd: RE: FW: East Collins Rendered elevation Good morning Emily, Following our discussion of late yesterday, here are the drawings for the proposed project to replace the "Ward 2 Social Club" property located just off Bridge Street on the corner of East Collins and Planters Streets. This neighborhood has many Victorian era homes that have been either neglected or changed over the years with inappropriate additions or modifications. Five new homes are just being completed along Planters Street that are uninspiring, cookie-cutter models with vinyl siding; inexpensive windows, and other features that ignore the dominant historic character of the neighborhood. ` With the planned removal of the old "bunker-style" Ward 2 Social Club, that has been the subject of numerous problems in the past, there is an opportunity for the new property owner to masterfully revitalize this blighted parcel by constructing an exciting new 2-phase building that will use traditional materials and incorporate Queen Anne Victorian features sympathetic to the theme of the neighborhood. As we discussed, I plan to work with this builder as I did in 2012 on the project that saved and restored the Ropes Mansion at 19 Felt Street. I think this proposed project is an extremely important inroad into fostering the desire for other homeowners in the area to look to restoring their properties in historic terms going forward. Unfortunately, the Salem Historical Commission (SHC) has no jurisdiction over this neighborhood except for issuing waivers of the Demolition Delay Ordinance. And thus, after the SHC approved the demolition of the old plumbing supply warehouse on Planters Street, these five new homes on postage-stamp lots have sprung up without any 1 i oversight for historic perspective. We can effectively harness the negative course of change in this neighborhood by supporting this project and the builder as he demonstrates the value and importance of building with materials and a design sympathetic and in keeping with the Victorian history here that is rapidly eroding. The plans for this project have changed dramatically since its inception, with the number of units decreasing to 14 in the present scheme of two structures with parking located underneath, allowing for view paths to the cove and lush plantings. I understand that HSI had written a letter to the ZBA that was not in support of this project as it was previously conceived. However, I think that the changes that are being made warrant both HSI's and SHC's immediate review and consideration of enthusiastic support as this project goes again before the ZBA on Wednesday, December 16, 2015. 1 will be in touch with you and others today to discuss and answer any questions. Thank you Emily for your interest and efforts on behalf of Historic Salem, Inc. With kindest regards, Jessica Cell: 978-479-9325 -------- Forwarded Message -------- Subject:RE: FW: East Collins Rendered elevation Date:Mon, 14 Dec 2015 17:31:53 -0500 From:Dan Ricciarelli <dricciarellina,seyerarchitects.com> To:'Michael Meyer' <mmeyergne-development.com> CC:dricciarelligsegerarchitects.com,jherbert5 e,eomcast.net, SMGrover(a,tintilaw.com, dricciarelli@segerarchitects.com Jessica, Mike, Here is the scheme with no bridge. Please ignore the previous email. I managed to get the new stairs in but the scheme needs work and I feel it is moving too fast with a submission to NSS for tomorrow and proving out the scheme. Dan From: Michael Meyer [mailto:mmever(d)ne-development.com] Sent: Monday, December 14, 2015 4:57 PM To: Dan Ricciarelli Subject: Re: FW: East Collins Rendered elevation 4 Still showing the bridge ? On Dec 14, 2015 4:27 PM, "Dan Ricciarelli" <dricciarelli@segerarchitects.com> wrote: 1 of 3 From: Brandon Kubik [mailto:bkubikc&seaerarchitects.com] Sent: Monday, December 14, 2015 4:16 PM 2 To: Dan Ricciarelli Subject: East Collins Rendered elevation See attached Brandon Kubik Seger,architects, Inc. I()T)erbn Squ ire-Sale m. .VIA 01 WO p:978-744-0208 t: 978-744-0145 Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal officials are public records. FMI please refer to: http:/hvww.see.state.ma.uslpre/preids.htm. Please consider the environment before printing this email. 3 Erin Schaeffer From: vtsdmailer@vt-s.net on behalf of katherine-schrader@hotmail.com Sent: Wednesday, March 16, 2016 3:59 PM To: Erin Schaeffer Subject: [City of Salem MA] zoning for Ward 2 social club 1-3 East Collins st Hello eschaeffer, Katherine Schrader(katherine-schrader@hotmail.com) has sent you a message via your contact form (http://www.salem.com/user/326/contact) at City of Salem MA. If you don't want to receive such e-mails,.you can change your settings at http://www.salem.com/user/326/edit. Message: I am concerned about the building Mr Meyers would like to put on the space where the ward 2 social club sits As of today I see he is advocating for 18 units in a tiny space he is requesting variance for dwelling unit, lot spaces, minimum space between buildings the height of the building front and side yard space This is too many variances to change for one person who does not even live in the neighborhood I have also heard he want to add a kayak ramp and beach access in 1 don't think parking as been considered, there is not adequate parking in the neighbor hood as it is, he wants to invite more people into our neighborhood without having the resources I am also concerned with what building will do to the ocean tides,although ward 2 does flood on occasion if the burrs are taken down I am concerned about more flooding further up and more flooding in our neighborhood From what I understand it was suggested Mr Meyers met with the neighbors ,which I believe may have happened, however neither I or my husband were invited. we have attended each of the zoning meeting where this has been discussed, I am concerned about the lack of communication and lack or consideration for the neighborhood Mr Meyers was aware of the issues with land when he bought it, now he wants to have all the variance changed to benefit him, ' 1 Mary and Charles Knight 5 East Collins Street Salem, Massachusetts 01970 (978) 740-1002 A March 16, 2016 Ms.Curran City of Salem Zoning Board of Appeals Dept. of Planning&Community Development 120 Washington Street, 3rd Floor Salem MA 01970 Re: 1-3 East Collins Street Salem MA01970 Dear Ms. Curran and Zoning Board Members: Here we are again before this Board, hoping to appeal to your sensibilities of what good and proper development should look like in our community. Again Mr. Meyer was asked by this Board to"go back to the drawing board," and come up with a revised plan that fits more appropriately with the character of this particular neighborhood. And again, Mr. Meyer has come back to this Board with a less than significant reduction in the size of his development. We find it insulting again as should this Board. One neighbor(Tim Connell)was contacted by Attorney Grover to facilitate a neighborhood meeting that was suggested by this Board. The time and day was only convenient for 3 neighbors to attend. In the past, flyers were distributed throughout the neighborhood and meetings were scheduled at convenient times and in a neutral location,this meeting was neither., Tim Connell, Scott Truhart and myself were present, as well as,Attorney Grover, Architect Dan Ricciarelli, and some lady named Jessica from the Historical something or other. A revised plan and pro forma were passed out, we reviewed the plans,we left, there was no discussion, as we still find the projeato be grossly oversized. As a result of the poor timing I personally had to leave to get my child from school. The revised plan is almost identical to the previous revised plan. The current revised plan calls for the removal of only 3 units from building "B." Attorney Grover stated that they have removed the public way altogether from the plan, however, it still appears on these revised plans that he handed to me on Friday, February 12, 2016 at Spm at his office. This whole project calls to question whether or not this lot is even buildable really. This property sits on a floodplain, has a 1500 psi high pressure liquid natural gas pipe running straight through it, and has well documented drainage issues relating to sewage and the storm drain system. Approving any facet of this proposal as it has been written regarding the Planters Street Building A(which is the only portion of this project that is not subject to Chapter 91 approval) will open a Pandora's Box so to speak. With regard to the proposal of Building B; if Chapter 91 is approved for this site they will be able to do whatever they wish at that point with Building B, without any further discussions or zoning approvals,therefore,this project needs to be stopped now. This is clearly an attempt to sidestep the zoning rules, which were put into place to protect the integrity of our city. We still feel very adamantly that this property needs single family homes, not large buildings,that is ALL that is acceptable. And quite frankly, we have made that abundantly clear to Mr. Meyer, and he continues to completely disregard our input. Any hardships,financial or otherwise accrued by Mr. Meyer is not the problem of this neighborhood, nor this Board. All business decisions are not always good business decisions. Very Sincerely, Mary and Charles Knight I Erin Schaeffer From: Scott Grover <SMGrover@tintilaw.com> Sent: Tuesday, February 16, 2016 8:52 AM To: Erin Schaeffer Subject: Re: ZBA Agenda Feb 17th Mtg. Hi Erin After consulting with my client, we have elected to ask the Board to continue the hearing on the East Collins St project since the chair will not be present,leaving us just 4 members eligible to vote on the matter. Are you able to present this request to the Board for me? Thanks Scott Sent from my iPhone On Feb 10, 2016, at 3:21 PM, Erin Schaeffer<eschaeffer(a@Salem.com>wrote: Hi Scott, Below is a link to the ZBA meeting agenda: http://www.salem.com/zoning-boa rd-a ppea Is/agenda/zon i ng-board-a ppeals-agenda-february-17-2016 Erin Schaeffer Staff Planner, City of Salem Department of Planning&Community Development 120 Washington Street, P Floor Salem, Massachusetts 01970 Phone: 978-619-5685 1 Fax: 978-740-0404 eschaeffer@salem.com I salem.com Please note lire Massachusetts Secretary of State's office has determined that most emails to and from nnmieipal officials are public records.FML please refer to: http://www.see.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. t i Erin Schaeffer From: Scott Grover <SMGrover@tintilaw.com> Sent: Wednesday, December 16, 2015 12:26 PM To: Erin Schaeffer Subject: RE: Confirmation_ 1-3 East Collins Continuation Erin; Yes, this shall confirm our request to continue the matter until the January meeting. l Scott ' ....._ ----_....... _. __.._.... .._... From: Erin Schaeffer [mailto:eschaefferC&Salem,com] Sent: Wednesday, December 16, 2015 11:48 AM To: Scott Grover Subject: Confirmation _ 1-3 East Collins Continuation Hi Scott, As per our phone conversation, I am writing to confirm that you would like to request a continuation of the public hearing regarding 1-3 East Collins Street. Best, Erin Schaeffer Staff Planner, City of Salem Department of Planning &Community Development 120 Washington Street, 3rd Floor Salem, Massachusetts 01970 Phone: 978-619-S685 I Fax: 978-740-0404 eschaefferC@salem.com I salem.com Please note the Massachusetts Secretary of State's=office has determined that most emails to and from municipal officials are public records. FMI please refer to: http://www.see.state.ma.us/pre/preidx.htm. Please consider the etrviroumem before Printing this email. 1 .Segarchitects, inc February 11, 2016 I Michael Meyer 11 Bay Street Beverly, MA 01915 Re: Pro Forma analysis Pro forma analysis based on the following: • House sales at $450,000 per home, cost to build at $155/ s.f. • Condo sales at $340,000 per unit, cost to build at $155/ s.f. • 3% contingency on hard costs for unknown items (industry standard) • General contractor standard burden for taxes, insurances, design fees, legal, permitting • Land acquisition of $350,000 4 houses 11 condos Land acquisition aggregate. $350,000 $350,000 Architecture, engineering, conservation and legal. $80,000 $115,000 Building demo $35,000 $35,000 4 houses 1700 sq ft $155 sq ft. $1,054,000 $2,216,500 Contingency @ 3% $31,620 $66,495 Interest,taxes, insurance $150,000 $150,000 Real estate fees(4.5%of$450K) $81,000 $168,300($340K/unit) unit) Total $1,781,620 $3,101,295 10 DERBISQUARE, SALEM, NIA 07970 PHONE: 978-744-020& > JOHNASEGER,iiSEGER.A'RCHITECTS.COM I Private Homes $445,405.00 cost each house Projected sales at$450,000=total net profit of @18,380.00 (1%) 7 Condominiums For the 11 condos the cost per unit is approx. $281,935 @ $155K/s.f hard construction plus soft costs due to smaller square footage and less envelope. That equates to approx. $58,065 profit per unit at a sales price of$340,000. This creates a project profit of 20%. _ I.0 DERBY" SQLARE, SALEM, MA 01970 PHONE: 97S-744-0205 > JOHNASEGER!Fi SEGERARCHITEC7'S-COM t 4 t .�$ . i(• �°f �y x* �y 'f, yaw! a��`. G�.',�t n' i�' i £� �a01P* •w1 1 5.� �u x r M �_V A FFCCCWii J pp� P� L t x`#�� a ?1.,. rr•'��.. nt�I � �µ� � > r £ TX v j '"n-es�t�,�-..•.. ";°4'�� . .�- __,. a � " ` _ , 1 -� ,»,..: �,K- p; aF. 'a *tr w> raj $ a 3 �;: a a ,��.w•"r � 14 t je&: s ,x.�r . a �- t�V W 5 .� � s +,�`z"C ft y ? .y5, � 0 i Tl t £ l ya'`�g�i' '{. .✓. 6 ', N .�{y�. "4 e Y , y d � �Y... q� 4 y�, "� �% K r ! .� 3 e, .v„°. 'h id='S+as cn a.. y` f y +3?5' ;'� ,� {Y j, �' ais•f" � ,� an � ,.` �' �#� ,! $ , y y r n�a. •.,yrii'6'e � bd`,. 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A , , o r� s �x x EAST COLLINS STREET r- �t r r k rM Site Figure Ground PLANTERS STREET et _ f I j Wk all y > ✓ n A-- OF n• ca`t tl a — — I I I ,� �;��➢�nn �'� ' r0 xn—'3,a �'ji L - - - - - —� e y�ax� � y \y'e&= q e €�� ' a A"I J �` a NIL 0 r; y ` /1 �X I e � -\ a / VlkCD \_\ < \-\ CD \ CL \ C \ O cr r+ N' O N O N C N n N O cn E y g crm svv as.rono $ 2 EAST COLLINS COVE CONDOMINIUM SEGER ARCHITECTS, INC. 2 EAST COLLINS COVE '°°"° °"°" 10 Derby Square,Suite 3R Salem,MA meq" oa Salem,Massachusetts 01970 om.:q tel:978-744-0208 fax:978-744-0145 cn a.o dos xa om wv�m ws ne Ma S. johnawger@segerarchitects.com i I (, O 7 , CL S r d � s s x H 9 � � i i i i i i H r 5 � i s s e s s r r x x , x : I I x / D \ s m n S T \ \ C, o0L o N L I o' n ' NS O N N � ASWTE C � O N O Q � g m 2 EAST COLLINS COVE CONDOMINIUM 5 SEGER ARCHITECTS, INC. 2 EAST COLLINS COVE mow. sms os 10 Derby Square,Suite 3R Salem,MA .,R.tD 0R Salem,Massachusetts 01970 u...p D—N °P tel:978744-0208 fax:978-744-0145 johnaseger@segeramhiteas.mm xro�aah .us asvmw ser i I � I S H C m r m r sv ffmTmTrq I H I x I I / i H I I I / I /H y I yy � I\ D 4� \ a `Q S ? \ zcr 0 L' L O V-' j ooO V U O N 7 N � C � O N O O � � N o.�r2.Z2.ZSx°�° SEGERARCHITECTS, INC. 3 2 EAST COLLINS COVE CONDOMINIUM wl. rs, 2 EAST COLLINS COVE 2° ° 10 Derby Square,Suite 3R Salem,MA " °" Salem,Massachusetts 01970 a..:g aexn°r °fl tel:978-744-0208 fax:978-74L0145 *�M s rb. oem Fppm..aq a+s °encu ser johnaseger@segerarchitects.com jj b r• 70 T1IN pfky e ,+�a1T .. 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Pl° 2 FAST COLLINS COVE p 5°'S 10 Derby Square,Suite 3R Salem,MA ° Salem,Massachusetts 01970 mina cn.eaw .ws °� tel:978-744-0208 fax:978-746-0105 nm�mp us navievsn johnaseger@segerarchitects.com 4 r- r Rsv�Se+d p�alns RECEIVE® / MAP 36 LOT 234 NEW ENGLAND POWER CO. ,IAN 20 2016 / DEPT. OF PLANNIN / COMMUNITY DEVEL MEN S 40'6 3" W 215.89' N CCL µ PROPOSED 44 �i 3 UNIT w�/ o BUILDING IUM /y Q5 a < g- ` ® Qw/ � � z �y9 / MAP 36 LOT 277 � 01 M ` \` _ NON - W \� N 0 < 0 BUILDING ® co 0 PROPOSED z o 6 UNIT asLd CONDOMINIUM existing shed � C)N to be removed 1.0 Z/ 1 / N 46'51'23" E O N \ 30. 4 . . / \ / ----� 28.02' 0� 1 �, �I\ PROPOSED ' CONDOMINIUM i -4 az-o. I i\- BUILDING ® 10.0' / ! ` t GARAGE x� a m 'I o MAP 36 LOT 278 o CHARLES & MARY KNIGHT a 5 EAST COLLINS ST. PROPOSED ' 'Q 3 UNIT A uCONDOMINIUM7BUILDINGDWELLING 0 - �� \ 8. ta, 10.0' _ U) 01 5.0' N 46'51'23" E\ �.A EAST COLLINS STREET ZONING DISTRICT — Rt REQUIRED EXISTING PROPOSED LOT AREA 15,000 41.834 t 41,834 t ZONING BOARD OF APPEALS PLAN LOT AREA per dwelling unit 15.000 2,988 t ZH OF 4116S9 1 -3 EAST COLLINS STREET LOT FRONTAGE 100 94.50' 94.50' 02 °y SALEM c FRONT 1521.6' 5.0' 0 SMITH PROPERTY OF SIDE 10 3.0' 1.0' NO.&1413 1-3 EAST COLLINS STREET REAR 30 780'[ 28't �FG/STEiL o7 REALTY TRUST LOT COVERAGE 30% 12.5% 26.8% � LAND S's� MIN. DISTANCE MICHAEL MEYER, TRUSTEE BETWEEN BLDGS. 40 6.3't ' i PARKING 21 - 36 26: SCALE 1" = 30' JANUARY 19, 2016 SPACES BLDG. HEIGHT 35 35' oR LESS 35' OR LESS NORTH SHORE SURVEY CURPORA710N 'PARKING SPACES ARE PROVIDED14 BROWN STREET - SALEM, MA PARTIALLY WITHIN THE BUILDINGS. 978-744-4800 #2933 112.0/2--o16 J I 1 I t, i � 'I�� t ;♦ t ti:�r t 5t 1 r,� .��:�� I t• \ \/\ ' . 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I � , � I CA l c n M171 C4 � � I m I 1 I 1 i / tp AZ / L i / / I 4 j / / a / W I / t D N y 1z. / b / N \ / v C A �' o � \ zS o \ o \ o m c n 0 GK 5"" ° ° SEGER ARCHITECTS, INC. - 2EAST COLLINS COVE CONDOMINIUM mre oewmm.s.m�s ' e 2 EAST COLLINS COVE '°'"° °"015 10 Derby Square,Suite 3R Salem,MA �'°"°°°z °R Salem, Massachusetts 01970 O_by °'�""°B aaary aensw se. tel:978 g-744-0145 °hR'me AS He °Brejohnaseger@segerarchitem.com As it I / MAP 36 LOT 2 POWER CO. NEW ENGLAND / 215.89' z / v Q 00 In N J H ON MAP 36 LOT 277 MMO s / zo UJI QJ — m a \\ ty R \\\ 0 existing shed V� .r s `a ' \. / / to be removed 90 ' / N 46'51'23' EN Q N 28.02. -10 \ �/ i-- - I O t — / /I\ I -x 32 0;.€ -�I 10.2' 1 mmmaumL e ' / 4�\ \ I. / OSED \ - — :BUILDING 3 GARAGE ROP \ / \ PROPOSED 8 UNIT rn `\ LINE OF BLDG. \CONDOMINIUtv�r.\ ABOVE \ 'i`. \ PROPOSED ' W . Ll CONDOMINIUM / ' w MAP 36 LOT 278 V x mg g o e removed CHARLES & MARY KNIGHT , t 0 5 EAST COLLINS ST. E h z �\ \ E P 00 1 -- o 9I O W 7 —_ E DWELLING PROP \ } \ 4 \ exxissttiinE bulidln o be removed I \ <I 1.0. may- � - I 94.50' 10.2Q� 1.3' CCEIVE � � � jam, AAl1 9 N 46'51'23" E� � ®� 2 p 2U15 IY EAST COLLINS STREET _ DEPT. OF PLANNING 8 COMMUNITY DEVELOPME 4T ZONING DISTRICT - R1 REQUIRED EXISTING PROPOSED LOT AREA 15,000 41,834 ± 41.834 ± ZONING BOARD OF APPEALS PLAN LOT AREA 296a ± 1-3 EAST COLLINS STREET Par drtll, unit 155.000 LOT FRONTAGE 100 94.50' . 94.50' SALEM FRONT 15 21.6' 1.3' E0A"OFA"gssgcy PROPERTY OF SIDE 10 3.0' 1.0' GAIL L. m 1-3 EAST COLLINS STREET REAR 30 180'± 46'± SMITH REALTY TRUST NO.35043 LOT COVERAGE ` 30% 12.5% 28.8x �o P a MICHAEL MEYER, TRUSTEE MIN. DISTANCEFy. FO/STERE BETWEEN BLDGS. 40 8'± s'gLAND SCALE 1" — 30' NOVEMBER 16, 2015 PARKIN AS 21 36 26* NORTH SHORE SURVEY CORPORATION BLDG. HEIGHT 35. 35 OR LESS 35' OR LESS 14 BROWN STREET — SALEM, MA *PARKING SPACES ARE PROVIDED WITHIN THE BUILDINGS. 978-744-4800 #2933 it MAP 36 LOT 2 POWER CO. / NEW ENGLAND / S 411 W / 215.89' / p1 0. 4 2� 0.25' /5°/ z A, )-. PROPOSED LINE OF BLDG. / I� ABOVEo$v° / N 0 0 <0 00 MAP 36 LOT 277 M -'d0 o z 0 existing shed m 0 Lr) to be removed Z / N 46'51'23" F� 0 N N / 28.02' 0 LA to / PROPOSED w �% w� � / PARKING p / 41'-6' 10.9' / / PROPOSEDBUILDING® GARAGE / 12 UNIT -CONDOMINIUM PROPOSED / N LINE OF BLDG. 6RUNOSED UNIT No ABOVE 0. CONDOMINIUM z BUILDING ® xis ing bldg to be remove V a MAP 36 LOT 278 oI CHARLES & MARY KNIGHT Do + 5 EAST COLLINS ST. 7�� ,e' ,D - �O1 _ DWELLING 3.0' existingbuildingso be removed p 77 _ s- 6.25' 1 - < , ^ 0.25' 2{-� �_8• 10.3' V ' 94.50' S.0 N 46'51'23" E RECEIVED �t"A EAST COLLINS STREET ZONING DISTRICT - R1 SEP 25 2015 DEPT. OF PLANNING & REQUIRED EXISTING PROPOSED COMMUNITY DEVELOPMENT LOT AREA 15,000 4,,633 t 41,634 t ZONING BOARD OF APPEALS PLAN LOT AREA per dweR unit 15,000 -- d � z,324 t �PLAHOF&, 1-3 EAST COLLINS STREET LOT FRONTAGE 100 94.50' 94.50' s�' 9o` SALEM ° 'W" FRONT 15 21.6' 1.6' �� GAIL L. m?' PROPERTY OF ° SMITH ; 1-3 EAST COLLINS STREET. SIDE 10 3.0' 0.25' ° NO.35043 In. REAR 30 180't 36't $°T �F o /STEFREALTY TRUST Fs GE .E` LOT COVERAGE 30% 12.52 31.88 S'°"A Lha MIN. DISTANCE MICHAEL MEYER, TRUSTEE BETWEEN BLDGS. 40 10't PARKING SCALE 1" = 20' SEPTEMBER 24, 2015 SPACES 27 36 27t / t*�' BLDG. 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[¢1:979-744-0208 fax:978.704-0145 Mew �.s nevnwse* johmsegec@segemMhkects.com. 36 t_OT 234 MAP E NEWNGLAND POWER CO. / S 4 N - /Q 4/ 3 UNOSED IT ° o CONDOMINIUM wQe Z Q 4 ` \ BUILDING ® MAP 36 LOT 277 4 0 / / O� cr O U. 00, 15. -4 �.�-- a3'} m y 4 C existing ^hed 2 6t 2 ✓ 'i x 3; u to be removed o 7.0' i 1 ka' a N 46'51'23" Eb O N 5` . 28.02' LA -0 2RUNIT ED r CONDOMINIUM BUILDING Ca . I A O / „ s BUILDING ® GARAGE i1 �\ PROPOSED `x 'i \ 3 UNIT CONDOMINIUM 23-9 8.3' MAP 36 LOT 278 Il CHARLES & MARY KNIGHT DK o 5 EAST COLLINS ST. '35, z PROPOSED o d 3 UNIT CONDOMINIUM BUILDING 5E 6. x 18.5' e '' ''. tt� 4.S't DWELLING - Y% t3 kKw 1 .ey,iyld mre t•�veil rr �?¢ � . \1 20 -H 8.3' o ^ 94.50' h N 48'51'23' EAST COLLINS STREET ZONINGDISTRICT Rt' REQUIRED EXISTING PROPOSED LOT AREA 15,000 41,834 f 41.834 t ZONING BOARD OF APPEALS PLAN LITr A Aperumt 1`J.00O — 3,803 t 1-3 EAST COLLINS STREET LOT FRONTAGE 100 94.50' 94.50' SALEM ^`ZH OFIy S _ FRONT 15 21.6' 5.0' oaf '9S9�i PROPERTY OF SIDE 10 3.0' 1.0' GAIL L. °m 1-3 EAST COLONS STREET REAR - 30 -: 1B0't- 28't SMITH NO.35M REALTY TRUST LOT COVERAGE 30% 12.5% 19% �g MICHAEL MEM TRUSTEE MIN.DIS DISTANCE 40 18.5't - 4b;_C/STEF�O„{c. 'LL LAND� SCALE 1" = 30' MARCH 15, 2016 SPACES 17 38 17+ (.,f BLDG. HEIGHT 35 35' OR LESS 35' OR.LESS. �JC:.I..F�_ NORTH SHORE SURVEY CORPORATION 14 BROWN STREET — SALEM, MA *PARKING SPACES ARE PROVIDED PARTIALLY WITHIN THE BUILDINGS. 978-744-4800 X12933 VA cc—\,1 \S� 2-< �