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161 FEDERAL STREET - ZBA (2) .. ��, r�. �. Zoning Board Proiect Status Sheet . Address & Applicant: �— Date Submitted to BOA: i�K Clerk Stamp: Variances Only - Constructive Approval Date: (100 days from filing) t5/Abutters List Requested: dAbutters Notice Sent: s d/ Notice to Abutting Cities & Towns, Councillors: cy/Legal Notice posted at City Hall: (14 das before meeting) L13o] t5- m/ Legal Notice Emailed & Confirmed: d/ Legal Notice Posted on Web: d Agenda to Applicant: --7 R 1 !5 Applicant's email address or fax number to send agenda: Opened at Meeting: S Continued Meetings: Extension orm(s) Signed & Clerk Stamped? Closed at Meeting: j S Decision: i Decision Filed: Appeal Period Over: q 3 (21"dai after decision filed) _ Decision Sent to Applicant: Notice of Decision Sent to abutters, cities and towns, councillors: I� �A�1✓2i'y�o, '40 folio 7 1�Psir6 cckN & Ale AprQ UI P�iT.:°�c✓ ytia l� ✓E»,O.,.Q Vri`G�Cn- p lq� tE J� j� 4 n� /f5'u•Q. 3iGfPL.a�L/ �� � yQ �'`��A�✓ t�/.�� �iP ®�2nC[(' G� �n G(riuC� S�a�. r F A f,, ZBA ACTION FORM BOARD MEMBERS MOTION SECOND VOTE Date: Rebecca Curran (Chair) /S�/5 // Mike Duffy Petitioner: %b ( F.edel-A L I-C Tom Watkins IY Peter Copelas Address: a/5 rues} ^�� Sf Jimmy Tsitsinos 305 M 9 - d Jim Hacker(Alt.) Paul Viccica (Alt.) Total: O 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 MEMBERS _ MO`t1,ION 'SECOND VOTE Date: �l g/f Rebecca Curran (Chair) Mike Duffy Petitioner: 4/ �t ,, Tom Watkins Peter Copelas Address: �� � Jimmy Tsitsinos Jim Hacker(Alt.) L� Paul Viccica(Alt.) Total: l) Conditions: Petitioner shall comply with all city and state statutes,ordinances,codes and regulations. d ©All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner. 5 ©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. " 4 Q A Certificate of Occupancy is to be obtained. 1 ®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. QD Si.k ��i�i 7�,tian, 1 Coh(X i4 i'on S g5 .546..; ❑ r El ��.gONU1T CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL �at�IiN6��� 120 WASHINGTON STREET* SALEM,MASSACHUSETTS 01970 KIMBERLEYDRiscou TELE:978-745-9595 ♦ FAx:978-740-9846 MAYOR =� September 2, 2015 en rn Decision ' o City of Salem Board of Appeals ?= Petition of 161 FEDERAL STREET LLC, seeking a Special Permit per See. .53.2 lFOnconfomring Uses of the Salem Zoning Ordinance to change from one nonconformlg ug to another nonconforming use to allow four (4) residential dwelling units. The applicant is also seeking Variances per Sec. 4.1.1 Table of Dimensional Requirements for relief from minimum lot area per dwelling unit and maximum height to allow a new dormer to slightly exceed the thirty-five (351) height limit. The applicant is also seeking Variances per Sec. 5.1.2 Location of Parking to allow two (2) of the required parking to be located off-site and Sec. 5.1.5 Design to allow the one-way use driveway to be less than the required twelve (12) feet wide at the property of 161 FEDERAL STREET (Map 25 Lot 112)(R2 Zoning District). A public hearing on the above Petition was opened July 15, 2015 pursuant to M.G.L Ch. 40A, § 11. The public hearing was continued at the request of the applicant to August 19, 2015 and closed on this date with the following Salem Board of Appeals members present: Peter A. Copelas (Vice-Chair), Jimmy Tsitsmos, Mike Duffy,Tom Watkins,James Hacker (alternate). The Petitioner seeks a Special Permit per Sec. 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance to change from one nonconforming use to another nonconforming use to allow four (4) residential dwelling units. The applicant is also seeking Variances per Sec. 4.1.1 Table of Dimensional Requirements for relief from minimum lot area per dwelling unit and maximum height to allow a new dormer to slightly exceed the thirty- five (35') height limit. The applicant is also seeking Variances per Sec. 5.1.2 Location of Parking to allow two (2) of the required parking to be located off-site and Sec. 5.1.5 Design to allow the one-way use driveway to be less than the required twelve (12) feet wide. Statements of Fact: 1. Attorney Grover presents the petition. 2. In the petition date-stamped June 23, 2015, the petitioner requests Special Permit per Sec. 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance to change from one nonconforming use to another nonconforming use to allow four (4) residential dwelling units. The applicant is also seeking Variances per Sec. 4.1.1 Table of Dimensional Requirements for relief from minimum lot area per dwelling unit and maximum height to allow a new dormer to slightly exceed the thirty-five (35') height limit The applicant is also seeking Variances per Sec. 5.1.2 Location of Parking to allow two (2) of the required parking to be located off-site and Sec. 5.1.5 Design to allow the one-way use driveway to be less than the required twelve (12) feet wide. f City of Salem Board of Appeals September 2,2015 Project: 161 Federal Street Page 2 of 4 3. The property served as a rectory for St.James church and is located in an R2 Zoning District. 4. The parcel is approximately 7,500 square feet of land with a three-story historic structure that is approximately 7,000 square feet of improved living area plus a basement and attic. 5. The petitioner proposes to convert the building from one non-conforming use of the rectory building to another nonconforming use to four (4) large residential dwelling units that range in size from 1,825 square feet to 2,900 square feet. 6. There is a permanent easement associated with 161 Federal Street for the use of six (6) parking spaces in the St.James Church parking lot across the street. 7. The petitioner originally requested a variance per Sec. 5.1_2 Location of Parking to allow two (2) of the required parking to be located off-site at the St.James Church property and withdrew this request. The petitioner proposes to locate all six (6) required parking spaces on the property to serve the residential dwelling units and another six (6) parking spaces in the St.James Church parking lot across the street. 8. The petitioner proposed to construct a new dormer that slightly exceeded the total building height limit of 35' feet. After consideration, the petitioner withdrew this request for a variance for relief maximum height to allow a new dormer to slightly exceed the thirty-five (35') height limit and will not construct a dormer. 9. The petitioner also requests a.variance per Sec. 5.1.5 Design to allow the one-way use driveway to be less than the required twelve (12) feet wide. The petitioner plans to work with the abutter to place bollards or protective barrier between the property and driveway where the driveway significantly narrows. 10. The requested relief,if granted,would allow the Petitioner to change from one nonconforming use to another nonconforming use to allow four (4) residential dwelling units and to allow the one-way use driveway to be less than the required twelve (12) feet wide. 11. At the public hearings eight (8) members of the public spoke in favor and four (4) spoke opposition to, the petition. The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the petition, including the application narrative and plans, and the Petitioner's presentation and public testimony,makes the following findings: Findings for Special Permit: The proposed use of a four (4) residential dwelling unit is not substantially more detrimental than the existing nonconforming use to the neighborhood. The building is not suitable for anything besides a multi-family dwelling unit as it would not be economically feasible to undertake the restoration of this scale as a single- family or two-family home. f City of Salem Board of Appeals September 2,2015 Project: 161 Federal Street Page 3 of 4 Findings for Variances: 1) Special conditions and circumstances that especially affect the land, building, or structure involved generally not affecting other lands, buildings or structures in the same district is that the building was used as a rectory and is over 7,000 square feet. 2) Literal enforcement of the provisions of the Ordinance would involve substantial hardship to the applicant as without the relief the applicant could not provide on-site parking spaces that meet the requirements of the Zoning Ordinance. 3) 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. On the basis of the above statements of facts and findings, the Salem Board of Appeals voted with five (5) in favor (Peter A. Copelas (Vice-Chair), Jimmy Tsitsinos, Mike Duffy, Tom Watkins and James Hacker (alternate) and none (0) opposed to grant a Special Permit per Sec. 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance to change from one nonconforming use to another nonconforming use to allow four (4) residential dwelling units and Variances per Sec. 4.1.1 Table of Dimensional Requirements for relief from minimum lot area per dwelling unit and Sec. 5.1.5 Design to allow the one-way use driveway to be less than the required twelve (12) feet wide subject to the following terms, conditions and safeguards: Standard Conditions: 1. The Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. A Certificate of Occupancy shall be obtained. 6. A Certificate of Inspection shall be obtained. 7. 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. 8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. Special Conditions: 1. The petitioner agrees to convert the property to a condominium no later than the expiration of the five (5) year holding period for the historic tax credits associated with the property and to market the units for sale, provided that the petitioner has the discretion to reasonably adjust the timing of the sale of units in the event market conditions are not reasonably favorable at the expiration of 60 months, provided however the said sale should occur within a reasonable period thereafter. City of Salem Board of Appeals September 2,2015 Project: 161 Federal Street Page 4 of 4 2. The petitioner acknowledges that the four (4) approved units may not be further subdivided to create any additional units, and that at no time shall there be more than four (4) units at said property. 3. The petitioner shall provide six (6) off-street parking spaces on the premises, plus whatever additional spaces are provided by a formal easement between the petitioner and the Archdiocese of Boston behind the current St.James Church. 4. The petitioner shall remove the brick planter and shrubs at the front of the building and restore the brick sidewalk up to the foundation. 5. The petitioner shall replace the window that has been boarded up on the second floor of the western wall, and should attach matching shutters. 6. All work shall be done in compliance with the plans and elevations submitted to the ZBA. Rebecca Curran, Chair Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision,if any, shall be made pursuant to Section 17 of the Massachusetts General Lows Chapter 40A, and shall be filed within 20 days of f:k'ng of this decision in the ofce of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Vanance or Special Permit granted berein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has been filed with the Essex South Registry of Deeds. I City of Salem Department Of Plannin Check/Cash A & Community Development Receipt and Trac .- Please complete form and make Form , q® Date Received two cope Amount Received Form of Pa yment o «J i ❑ Check ? d ��r04 Client Information CASH PAYMENTS: client initials M`NT ❑ Sign Permit Application Fee PaYment received for what 0 Conservation Commission Fee Service? ❑ Planning Board Fee/ZBA ❑ SRA/DRB Fee ❑ Old Town Hall Rental Fee ❑ Other: Name of staff person receiving PaYment Additional Notes Place Check Here When Photocopying Form Original Check and Form: DPCD Finance COPY 1: Client Copy 2: Application File i I CITY OF SALEM, MASSACHUSEM BOARD OF APPEALS o�l�q P=ON FORM v� Q CITY OF SALEM,MASSACHUSETTS 1015 JUN 23 A 8: 23 •` � ���' BOARD OF APPEALS 120 WASHINGTON STREET,3RD FLOOR FILE tf SALEM,MASSACHUSETTS 01970 CITY GLEr;(, S:�L �?g EM, M,4SS. Thomas St.Pierre,Director of Inspectional Services Phone:978-619-5641 /Fax:978-740-9846 REGE1 Kii,mERLEY DRIscOLL Erin Schaeffer,Staff Planner a t.`:� g MAYOR Phone:978-619-5685/Fax:978-740-0404 JUN 2 3 2015 TO THE BOARD OF APPEALS: The Undersigned represent that he/she is/are the owners of a certain parcel of landlocated at: DEPT.OF PLANNING& OOMIMI-It"77"'EVEL OPM-ENT Address: 161 Federal Street Zoning District: R-2 An application is being submitted to the Board of Appeal for the following reason(s): This statement must describe what you propose to build,the dimensions,the zone property is in,and the zoning requirements.(Fxample: I am proposing to construct a 10'x 10'one story addition to my home located 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 feet; the proposed addition would reduce the depth of the rear yard to 22 feet.) See Statement of Grounds attached For this reason I am requesting: 4.1.1 & 5.0 (c)Variance(s)from provisions of Sections of the Zoning Ordinance,specifically from minimum lot area, parking, height + width (i.e. minimum depth ofrear yard). What is allowed is of driveways—see attached stan �ftte ?sgft?stories? W), and what I me am proposing is (fl?sq ft?stories?W). Qc)A Special Permit under Section 3.3.2 of the Zoning Ordinance in order to change onp nonconforming use to another such 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: Rectory Are Lot Dimensions Included?(x)Yes ( )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. O 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 f) 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 ofprevious applications to the petitioner or his representative. If different from petitioner. Petitioner: 161 Federal Street LLC Property Owner: Address: 215 West Canton St, Boston Address: same as petitioner mA 02116 Telephone: (703) 980-7518 Telephone: Email: d o apitalm`.com Email: Signature: . Signature: (Attached consent letter is also acceptable) Date: June 23,20_15 Date: June 23, 2015 If different from petitioner: Representative: Scott M. Grover, Esq. A TRUE Address: 27 Congres,% St. , Salem, MA 01970 ATTEST Telephone: 978745— 065 Signature: Date: J e CITY CLERK DATE DPCD DATE This original application must be filed with the City Clerk. STATEMENT OF GROUNDS The petitioner is the new owner of the property located at 161 Federal Street(the "Premises") which for over a century had been owned by the Archdiocese of Boston and operated as a Rectory for priests serving the St. James Parish in Salem. The Premises consist of approximately 7,500 square feet of land and a three-story historic building. The building has roughly 7,000 square feet of improved living area plus a basement and attic. There is also appurtenant to the Premises a permanent easement for the use of six (6)parking spaces in the parking lot serving the Church across the street. The Premises are located in the R-2 Zoning District. The petitioner is proposing to convert the building into four large residential apartments ranging in size from approximately 1,825 square feet to 2,900 square feet. There will be four parking spaces located in the rear yard as well as the six spaces across the street serving the units. The only exterior change to the building will be the addition of a dormer on the back side to allow the attic to be used as living area for one of the units. The conversion of the property described above requires a Special Permit under Section 3.3.2 of the Zoning Ordinance to change one nonconforming use (i.e. the Rectory)to another nonconforming use (i.e. multi-family residential). In this instance, the use of the property for four residential dwelling units is entirely consistent with the character of the neighborhood and would not be substantially more detrimental to the prior use of the Premises as a home for many individual priests. Given the size of the building, the multi-family use is the only practical and appropriate use of this historic building. Such a use would serve the need in the community for family housing and would result in a significant tax benefit by returning this property to the City's tax rolls. In addition to the Special Permit, the proposal also requires variances from several provisions of the Ordinance. First,the lot area per dwelling unit would be approximately 1,862 square feet, which is significantly less than the 7,500 square feet required. Second, the new dormer slightly exceeds the 35 foot height limitation. Third,the Ordinance requires six (6)parking spaces to serve the units located on the Premises and a variance is necessary to allow some of the spaces to be located off the property. Fourth and finally, Section 5.1.5 of the Ordinance requires that entrance and exit driveways be at least twelve (12) feet wide. Although most of the driveway to access the parking area in the back meets this requirement,there are two points where it is narrower than permitted but still wide enough for most vehicles. The special conditions affecting this building are its extraordinarily large size and the fact that it was designed and built as a Rectory. These conditions make it unsuitable for anything other than multi-family use. If the Ordinance were literally enforced to permit only two units, the conversion of the building from a Rectory to residential use would be economically unviable and would create a substantial hardship to the owner. The restoration of this building and its conversion from, in essence, a group home to large residential units would not only be without substantial detriment to the public good, but would actually enhance the neighborhood and would be consistent with the intent of the Ordinance. N/F QUINN 56' w w Ww N/F TU TTLE w w _ 98t DIMENSION'S Ili RED ARE FROA4 BLDG. TO BLDG. ONLINE± AREA=7,446± S.F. 3 STORY DWELLING "= #161 to be removed 127'i 11.4 f 56' FEDERAL, STREET PLOT PLAN OF LAND W"OF s FEDERAL STREET 161 FE SALEM. F GAIL L. g SMITH N PREPARED FOR NO ' DAN 80TWINIK § sT SCALE 1" = 20' MARCH 27, 2015 NORTH SHORE SURVEY CORPORATION . '= .. 14 BROWN STREET — SALEM, MA sss'�� 978-744-4800 190 1 N/F QUINN 56' v i F+i Wl Y�--1 w N/F TU TTLE W _ C w 9.8'* DIMENSIONS IN RED ARE FROM BLDG. TO BLDG. 72T* ONLINEt AREA=7,446f S.F. 78'* 3 STORY DWELLING ''9t #161 to be removed 127'* 11 4 f 56' FEDERAL STREET PLOT PLAN OF LAND 161 FEDERAL STREET SALEM PREPARED FOR DAN BOTWINIK SCALE 1' = 20' MARCH 27, 2015 NORTH SHORE SURVEY CORPORATION 14 BROYM STREET - SALEM, MA 978-744-4800 #4190 7 PROPOSED CONDITIONS 161 Federal Street 1. The petitioner agrees to convert the property to a condominium no later than the expiration of the five (5) year holding period for the historic tax credits associated with the property and to market the units for sale, provided that the petitioner has the discretion to reasonably adjust the timmg,%ef the sale of units in the event market conditions are not reasonably favorablethe expiration of said 60 months,provided however the said sale should occur within a reasonable period thereafter. 2. The petitioner acknowledges that the four(4) approved units may not be further subdivided to create any additional units, and that at no time shall there be more than four (4) units at said property. 3. The petitioner shall provide six (6) off street parking spaces on the premises, plus whatever additional spaces are provided by a formal easement between the petitioner and the Archdiocese of Boston behind the current St. James Church. 4. The petitioner shall remove the brick planter and shrubs at the front of the building and restore the brick sidewalk up to the foundation. 5. The petitioner shall replace the window that has been boarded up on the second floor of the western wall, and should attach matching shutters 6. All work shall be done in compliance with the plans and elevations submitted to the ZBA. August 10,2015 RECEIVED Ms. Rebecca Curran, Chair AUG 112015 Zoning Board of Appeals DEPT OF PLANNING& Department of Planning & Community DevelopmentCO T 120 Washington Street 3`d Floor MMUNITM DEv��PM€N Salem,MA 01970 Re: 161 Federal Street Abutters and Neighbors Statement Dear Rebecca, The following proposed conditions for the development of 161 Federal Street are recommended by abutters and neighbors of this property: _ The property will be converted to condominiums no later than the expiration of the five (5 ) year holding period for the historic tax credits associated with the property. 2. The four (4) approved units may not be further subdivided to create any additional units, and at no time shall there be more than four (4) units at said property. 3. The developer shall provide six (6) off street parking spaces on the premises, plus whatever additional spaces are provided by a formal easement between the developer and the Archdiocese of Boston behind the current St. James Church. 4. The developer shall remove the brick planter and shrubs at the front of the building and restore the brick sidewalk up to the foundation. 5. The developer shall replace the window that has been boarded up on the second floor of the western wall, and should attach matching shutters. 6. All work shall be done in compliance with the plans and elevations submitted to the ZBA. Name Address Phone/Email J3 C�kc��ea�rf IF ?&,i KQ NS r n i g !t O C-' + S r- Pyr sIr.,,— @ f J �aa RECEIVED Erin Schaeffer AUG 19 2015 Department of Planning&Community Development DEPT OF PLANNING g WMMUMTY DEvEIAPMEMT Erin—Please attach the enclosed signature age with the 161 Federal Street position paper signed by neighbors and abutters of this property. Joyce E e M.Ed. NAME ADDRESS PHONE �3 QQ �05� e�w - - Y r�� `. v, * ..w 3 , .� . , 1. t . � � \ �S! t ` � \ v. � �.�! � � � i e�_ r ,� tit* �' r,Y, 'rg r � Y 3 � t +�� � j Y �� .,k. s,� .. � 4 � •_ � "��� . e �_� ...i.._. Scarlet0jift& t5�fvduMSinN,Sv.,,Aw,01770 Q PM 4a'6.]Si I M Call97,,S&n I3W•xww.ai..11ryl.,ry.a cum l.. August 19,2015 Zoning Board of Appeals Salem, MA Dear ZBA members: I am writing to demonstrate my support for Dan Botwiniak plans to develop 161 Federal Street I am unable to attend the August 19th meeting of the ZBA and am sending this letter to be read aloud. In my absence. As you know,this issue has been .1 discussed in person with abutters and members of the Federal Street Neighborhood Association. We came to an agreement prior to the last ZBA meeting,as indicated in the conditions outlined by Attorney John Carr and agreed to by Dan Botwiniak +r.4 Since then, Dan has additionally decided not to build a dormer.I would like to see that agreement honored.a G ` The most important and,to me,deal breaker issue is that of allowing a variance to permit a driveway on the west side of the house in order to have six parking spaces in the rear. Although the archdiocese has ceded space in the rear of the St.James school,I can't imagine anyone would choose to carry their groceries up a long flight of stairs and across the street if they could park closer to home. Parking on the street is already tight;residents have been using spaces in front of the rectory as needed for years. Additional cars could impose a serious hardship on those of us without off-street parking. Accordingly,I am most concerned about providing parking in back of the building and am glad to know Dan has been working directly with the neighbor at 163 Federal,who is the one most affected, r ` Others have expressed the wish that the basement not be used for residences and that there be only three units.That would be lovely in an ideal world. I believe the dissenters have had their say.I respect their opinions,but they are not abutters and one does not even live in the Federal Street neighborhood.Their voices have been heard,but he fad is that we came to an agreement It is not perfect,but is acceptable.,and I believe it should be honored. The developer has made a good faith effort to address our concerns.As a neighbor who lives just one door down,and who has no off-street parking, I am directly affected by what happens at 161 Federal..I strongly urge the ZBA to grant this petition for the variances needed to proceed with the development of 161 Federal St Sincerely, Shelby Hy s..f Clty o/Salem Zoning Board of Appeals Will hold apublic hearing for all persons interested in the petition of ;161 FEDERAL STREET LLC, seek- ling a Special Permit per Sec.seek- 'Nonconforming Uses of the Salem.I Zoning Ordinance to change from one nonconforming use to another nonconforming use to allow four(4) I residential dwelling units:The appli cant is also seeking Variances per r Sec.4.1.1 Table of Dimensional Re- quirements for relief from minimum j lot area per dwelling unit and maxi- mum height to allow a new dormer to slightly exceed the thirty-five(35') height limit. The applicant is also seeking Variances per Sec. 5.1.2 1, Location of Parking to allow two(2) of the required parking to be located 1 off-site and Sec. 5.1.5 Design to al- low the one-way use driveway to be ) less than the required twelve (12) feet wide at the property of 161 FED- ERAL STREET(Map 25 Lot 112)(112 Zoning District)Thelic . be on WED.,July 15, 1 2015 altl6 30 PeM, I� in Room 313,3rd at 120 WASHING- I- TON STREET Rebecca Curran,Chair i SN-7/1,7/8/15 Board of Appeals CITY OF SALEM MASSACHUSETTS BOARD OF APPEAL iii �; I9 HIS �9 P r 120 WASHINGTON STREET♦ SALEM,MASSyA U ETTs 01970 'FELE:978-619-5685 ♦ FAX:97 ,` � MASS. KIMSERLEV DRIscoLL CITY CLE 2!! , MAYOR City of Salem Zoning Board of Appeals Will hold a public hearing for all persons interested in the petition of 161 FEDERAL STREET LLC, seeking a Special Permit per Sec. 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance to change from one nonconforming use to another nonconforming use to allow four (4) residential dwelling units. The applicant is also seeking Variances per Sec. 4.1.1 Table of Dimensional Requirements for relief from minimum lot area per dwelling unit and maximum height to allow a new dormer to slightly exceed the thirty-five (35') height limit. The applicant is also seeking Variances per Sec. 5.1.2 Location of Parking to allow two (2) of the required parking to be located off-site and Sec. 5.1.5 Design to allow the one-way use driveway to be less than the required twelve (12) feet wide at the property of 161 FEDERAL STREET (Map 25 Lot 112)(112 Zoning District). The public hearing will be held on WED., July 15, 2015 at 6:30 PM, in Room 313, 3`' at 120 WASHINGTON STREET. Rebecca Curran, Chair Board of Appeals Salem News: 7/1/2015 & 7/8/2015 This notice posted on "Officiat.BylI I Board" City Hall, Salem, Mass. on JJUUNN 11 015 at 14,79 ?ti in accordance with MGL Chap. 30A, Sections 18-25. 161 Federal � Street i II I Salem, MA EL Ic+vx III 161 Federales-ganek !' Street architects Inc One River Road Catliale,MA 01741 R 978 3719001 19]83]1 0005 CONSULTANT — ♦ U _ f 'Y y I oanwlua mtt ow PROPOSED 54E PLAN h + !I7 I a1 �_ r UNIT I. 1� 111445F II ClE, 13 UNIT B79 SF o [i NscnLE £ OATE N18115 F E I /� J �}1 --DRAWN BY —ICME4NEn BY MDW BDG PROJECT NUMBER >.:n 2042-15 vale.. mme— – amaJ.a.wes.Ree,1 7 Y E SITE 1) Federal Street -- ,.B"=+-0• i 161 Federal t. Street Salem, MA 771 Y % F777 _ ATTIC TEL 31' -9]%32' FAQ'. ��_ �� eye � s ��ggFi 1 THIRD FLOOR _ - _ --. 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