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Lekal Notice
CITY OF SALEM -
BOARD OF APPEAL {
745.9596 Ent 381
Will hold a public hearing for all
persons interested in the petition sub-
mitted by SALEM POINT RENTAL
PROPERTIES requesting a Special
Permit to attar the use and Vartanoes
from parking to alter existing bual-
ness unit to two residential units for
the property located at 100 Congress
Street R-1. Said hearing to be held i
WEDNESDAY, FEBRUARY 18, 2004 `
AT 6:30 P.M., 120 WASHINGTON
STREET,3RD FLOOR,ROOM 313. 1
- Nina Cohen I
Chairman i1
(ua,11)
I
i
o CITY OF SALEM9 MASSACHUSETTS CITY OF
BOARD OF APPEAL CLERK'S OFFICE A' $ 120 WASHINGTON STREET, 3RD FLOOR
i SALEM, MA 01970
TEL. (978) 745-9595
FAX (978) 740-9846
STANLEY J. USOVICZ, JR. I004 MAR 24 P 2= 34
MAYOR
DECISION OF THE PETITION OF SALEM POINT RENTAL REQUESTING A
VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 100
CONGRESS STREET
A hearing on this petition was held March 17, 2004 with the following Board Members
present: Nina Cohen, Stephen Harris, Bonnie Belair, Nicholas Helides and Joseph
Barbeau. Notice of the hearing was sent to abutters and others and notices of the
hearing were properly published in the Salem Evening News in accordance with
Massachusetts General Laws Chapter 40A.
Petitioner is requesting a Special Permit to alter the use and Variance from parking to
alter existing business unit to two residential units for the property located at 100
Congress Street located in a R-3 zone.
The provisions the Salem Zoning Ordinance which is applicable to the request for a
Special Permit is section 5-3 0), which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the Board of
Appeal may, in accordance with the procedure and conditions set forth in Sections 8-6
and 9-4, grant Special Permits. for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extent expansion of nonconforming lots, land,
structures, and uses, provided, however, that such change extension, enlargement or
expansion shall not be substantially more detrimental than the existing nonconforming
use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests may be
granted upon a finding by the Board that the grant of the Special Permit will promote the
public health, safety, convenience and welfare of the City's inhabitants.
The Variances which have been requested may be granted upon a finding of the Board
that:
A. Special conditions and circumstances exist which especially affect the land,
Building or structure involved and which are not generally affecting other lands,
buildings or structures in the same district.
B. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner.
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
of the Ordinance
• DECISION OF THE PETITION OF SALEM POINT RENTAL PROPERTIES
REQUESTING A VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY
LOCATED AT 100 CONGRESS STREET R-3
page two
The Board of Appeal, after careful consideration of the evidence presented, and after
reviewing the plans makes the following findings of fact:
1. Petitioner Salem Point Rental Properties Corp. is a subsidiary of Salem Harbor
CDC, a nonprofit community development corporation located at 102 Lafayette
Street in Salem that is engaged in a federally-subsidized redevelopment program
involving 61 properties in the Salem Point neighborhood, among other projects.
The present project is one of a number of residential renovations undertaken in
recent years.
2. The 3-story structure at 100 Congress Street is a nonconforming building. It has
two apartment units on the second and third floors, and a commercial/retail
space on the first floor. Petitioner proposes to renovate the building, restoring
the two upper floor apartment units and replacing the first floor commercial space
with two one-bedroom handicapped-accessible units. Petitioner requires a
special permit because the proposed alteration increases the nonconformity with
respect to minimum lot area per dwelling.
3. One off-street parking space is provided for each first floor unit. Because no off-
street parking is available for the other units, a parking variance is also required.
4. Petitioner stated that under the terms of the federal financing, five percent of the
61 housing units must meet handicapped accessibility requirements. The design
of the first floor units at 100 Congress St. are intended to meet federal
requirements for handicap accessible housing, and to add to housing available
for Salem's handicapped residents.
5. William Quinn Esq., representing petitioner, argued that the petition reduces the
intensity of use at the sit by eliminating the commercial use, ant that conversion
to residential use is in keeping with the character of the R-3 district. In support of
the parking variances, he states the removal of an existing garage and
reconfiguration of this site will increase the number of parking spaces on the
already small site.
6. There was no opposition to the petition. Speaking is support of the project were
Councillors Kevin Harvey and Arthur Sargent..
On the basis of the above findings of fact, and on the evidence presented at the
hearings the Zoning Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property but not the
district in general.
2. Literal enforcement of the provisions of the Ordinance would involve substantial
hardship on the petitioner.
3. The relief requested can 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
• DECISION OF THE PETITION OF SALEM POINT RENTAL PROPERTIES
REQUESTING A VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY
LOCATED AT 100 CONGRESS STREET
page three
4. The Special Permit granted can be granted in harmony with the neighborhood and
will promote the public health, safety, convenience and welfare of the city's
inhabitants.
Therefore, the Zoning Board of Appeal voted, 5 in favor and 0 in opposition to grant the
relief requested, subject to the following conditions;
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted and
approved by the Building Inspector.
3. All requirements of the Salem Fire Department relative to smoke and fire
safety shall be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Petition shall obtain a Certificate of Occupancy shall be obtained.
6. Petitioner is to obtain approval from any City Board or Commission having
Jurisdiction including, but not limited to the Planning Board.
Special Permit & Variance Granted
March 17, 2004 -
Nina Cohen, Chairman (Sc, `�
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17 of the
Massachusetts General Laws Chapter 40A, and shall be filed within 20 days after the
date of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts
General Laws Chapter 40A, Section 11, the Variance or Special Permit granted herein
shall not take effect until a copy of the decision bearing the certification of the City Clerk
that 20 days have elapsed and no appeal has been filed, or that, if such appeal has
been filed, that it has been dismissed or denied is recorded in the South Essex Registry
of Deeds and indexed under the name of the owner of record or is recorded and noted
on the owner's Certificate of Title.
Board of Appeal