64-68 ESSEX STREET - ZBA i
ne Legal Natice �
NN,
I CITY OF SALEM t
J to BOARD OF APPEAL i.
I E. 745.9595 Ext 381
fice Will hold a public hearing for all,
>on persons interested in the petition sub-
ton mitted by SALEM RENEWAL LLC,
her requesting a Special Permit to atter a
his nonconforming structure (8-4) and a
Variance from the number of stories q
or allowed (2 1/2) to construct roof top
Im decks on rear of the property for the I
on Property located at 64-68 Essex
76 Street R-2. Said hearing to be held ,
WEDNESDAY, February 8, 2006 AT
III, 6:30 P.M., 120 WASHINGTON
his STREET,3RD FLOOR,ROOM 313.
1 * Nina Cohen
ter Chairman
SN—1/27,2/2/06
i .
F.
CITY OF SALEM9 MASSACHUSETTS ,
BOARD OF APPEAL CI__jiK S OFFICE
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-743-9$93 2006 FEB 22 A �Q: 24
FAX: 978-740-9848 Y
DECiSiON Or THE PETIT1014 OF SALEM RENEWAL LLC REQUESTING A
SPECIAL PERMIT AND A VARIANCE FOR THE PROPERTY LOCATED AT
64-68 ESSEX STREET R-2
A hearing on this petition was held on February 8, 2006 with the following Board
Members present: Nina Cohen, Chairman,Bonnie Belair,Nicholas Helides, Richard
Dionne and Edward Moriarty. Notice of the hearing was sent to abutters and others and
notices of the hearing were properly published in the Salem Evening New in accordance
with Massachusetts General Laws Chapter 40A.
Petitioner is requesting a Special Permit to alter a non-conforming structure 84 and a
Variance from number of stories allowed(2 ``/2)to construct roof top decks on rear of the
property for the property located at 64-68 Essex Street located in an R-2 zone.
The provisions of 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 Permit 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 request 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.
l '
DEUSION Ue i iii;PE i i CiON OF SALEM RENEWAL LLC REQUESTING A
SPECIAL PERMIT AND A VARIANCE FOR THE PROPERTY LOCATED AT 64-68
ESSEX STREET R-2
page two
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
of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented, and after
reviewing the plans makes the following findings of fact:
1. Appearing at the hearing for Petitioner Salem Renewal LLC was Attorney George
Atkins,Jr.,principal David Pabich, and architect Michael Jurkowski of H.H.
Morant Co. Petitioner also submitted a mortgage site plan dated August 1, 2005,
and north,west and south elevation drawings for the property at 64-68 Essex
Street.
2. The existing nonconforming structure consists of a late nineteenth century wood
frame house with eight dwelling units. Petitioner, an.experienced developer, is
undertaking a complete renovation by replacing heating, electrical,plumbing and
fire safety systems,and will install new kitchens,walls,windows and floors. The
units when complete will be sold as one and two bedroom condominiums.
3. Petitioner seeks zoning relief of two kinds. To create four 10'2"porches on the
north side,petitioner seeks a special permit to alter the existing nonconforming
structure. As grounds for his request,petitioner states that the porches will add
outdoor living space for the owners without detrimentally impacting any other
properties in the neighborhood.
4. The second form of relief sought is a variance from the 2 '/z story height
requirement to authorize two proposed roof decks, a 177''roof deck on the
northeast comer and a 14'3"deck on the northwest comer of the building. As
grounds for his request,petitioner states that the existing small yard provides
inadequate outdoor space for the unit owners and that the small private decks will
foster the quiet enjoyment of the properties without detrimentally impacting the
surrounding properties.
5. Appearing at the meeting and speaking on behalf of the neighboring property
owners were Michael Kochansky, David Livingstone and former City Council
Member Regina Flynn. The neighbors said that they appreciated the renewal of
the property,which has become very dilapidated before the petitioner began his
project,and whose inhabitants were increasingly troublesome for the area. They
expressed concern over potential noise and nuisance issues arising from the new
use,and observed that the area is very dense,with properties closely packed to
one another. The neighbors requested that the decks be painted so as to blend in
with the surrounding building,that the porches and decks NOT be used for
l
DECISION OF THE PETITION OF SALEM RENEWAL LLC REQUESTING A
VARIANCE AND SPECIALPERMIT FOR THE PROPERTY LOCATED AT 64-68
ESSEX STREET R-2
page three
cooling or storage and that the Hiles of the condominium association incorporate
these conditions.
6. Petitioner agreed to carry over these conditions and write them into the
association's condo documents. Condo owners,he pointed out,are more likely
than renters to enforce such rules of good neighborliness.
On the basis of the above findings of fact,and on the evidence presented at the
hearing the Zoning Board of Appeal concluded as follows:
1. Special conditions do 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. Literal enforcement of the provisions of the Ordinance would involve substantial
hardship on the petitioner.
4. The relief requested can 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.
5. 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 for the porches and voted 3 in favor and 2 in opposition to deny the roof decks with
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.
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.
DECISION OF THE PETITION OF SALEM RENEWAL LLC REQUESTING A
VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 64-68
ESSEX STREET R-2
page four
5. A Certificate of Occupancy shall be obtained.
6. Unless this decision expressly provides otherwise,any zoning relief granted does
not authorize Petitioner to demolish or deconstruct any structure (s)on the
property to an extent greater than 50%of the structure as measured by floor area
or replacement cost. If a structure on the property is demolished by any means to
an extent of more than fifty percent of its replacement cost or more than fifty
percent of its floor area at the time of destruction, it shall not be reconstructed
except in conformity with is Ordinance.
7. Exterior finishes of the existing structure shall be in harmony with the existing
structure.
8. Condo documents to incorporate that porches are painted so as to blend with
surrounding buildings and no outdoor storage on porches.
Variance and Special Permit
Granted PAS
Nina
February 8,2006 �(/
Nina Cohen,Chairman
Board of Appeal J
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 or the owner of
record or is recorded and noted on the owner's Certificate of Tide.
Board of Appeal