161 FEDERAL STREET - ZBA I (0 1 Fe�ec-a\ S�-�e�-'�- �
--
_v ,_
Zonin�Board Proiect �tatnc c�,o
Address & Applicant: ��
Date Submitted to BOA:
ro lzsli �
Clerk Stamp:
Variances Only - Constructive Approval Date: (ioo days from filing)
�i Abutters List Requested:
Abutters Notice Sent:
Q' Notice to Abutting Cities & Towns, Councillors:
M/ Legal Notice posted at City
Hall: 14 days before meeting)
Legal Notice Emailed & Confirmed:
Legal Notice Posted on Web:
Agenda to Applicant:
Applicant's email address or fax number to send agenda:
Opened at Meeting:
Continued Meetings:
Closed at Meeting: Extension Form(s) Signed & Clerk Stamped?
Decision:
Decision Filed: i� a Appeal Period Over:
aftYeDecision
Chin" filed) 2' (21"day
Sent to Applicant:
�i Notice of Decision Sent to abutters, cities and towns,
councillors:
I
ti.
ZBA ACTION FORM
BOAR+IiMl;iv'�ERS ,,.���;MOT�IQN� pSECO1�1D� UO�TE
Date: Rebecca Curran (Chair
rt�t 6 Mike Du
Petitioner: Tom Watkins
Peter Co elas
Address: t b t �e.decc ` Jay Tsitsinos
Jim Hacker(Alt.)
Paul Viccica(Alt.)
Total:
Conditions:
E,Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. ,
PAll construction shall be done as per the plans and dimensions submitted to and approved by the Building
Commissioner.
OAll requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to.
El 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.
El 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(501/o)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.
CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
PETITION FORM
CITY OI; SALEM,MASSACH.USETTS
/ \ BOARD OF APPFALS'201VOCT"2S'P"3""30
lig;
120 WASHINGTON S'I'RF�F L 31tD FLOOR it
a11 /�� SAIFM,MASSACHUSF I'S'N�7Y CLERK S"A
LEN. MASS.
Thomas St Pierre,Director of Inspectional Services
Phone:978-619-5641 /Fax: 978-740-9846 RECEIVED
P��+,
KIMBERLEY DRISCOLL F'rin Schaeffer,Stiff Planner A e C E I V E D
MAYOR Phone:978-6t9-5685/ Fix:978-740-0404
TO THE BOARD OF APPEALS: OCT 2 5 2016
The Undersigned represent that he/she is/are the owners of a certain parcel of land located N EPT. OF PLANNING &
COMMUNITY DEVELOPMENT
Address: 161 Federal Street Zoning District: R-Z
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.(Example:
1 ann proposing to construct a 10'x 10'one stony 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.)
The petitioner is proposing to amend a plan previously approved by the Board of Appeals to increase the
number of parking spaces on the property in order to provide parking for the abutting property owner.
For this reason I am requesting:
( )Variance(s)from provisions of Section of the Zoning Ordinance,specifically from
Amend Existing Decision (i.e. minimum depth ofrearyard).
What is al lowed is (ft?sq ft?stories? %?), and what i
am proposing is (ft?sq ft?stories?%?).
( )A Special Permit under Section of the Zoning Ordinance in order to
Amend Existing Decision
( )Appeal of the Decision of the Building Inspector(described below):
O Comprehensive Permit for construction of low or moderate income housing(describe below):
Current Property Use:Residential Are Lot Dimensions Included?O 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.
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,
O 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 application to the petitioner or his
representative.
If different from petitioner: -
Petitioner: 161 Federal Street LLC Property Owner:Same as petitioner
Address:28 Kenwood Ave,Wilmington,M/ Address:
Telephone:703-980-7518 Telephone:
Email:dan@c ugarcap4m.com Email:
Signature: Signature:
/� (Annched constnl teaer is also acceplable)
Date:October 25, 2016 --e)-/�7/N�`—. Date:
If different from petitioner:
Representative:Scott M. Grover, Esq.
Address:27 Congress St,#414, Salem, MA
A TRUE
ATTEST Telephone:978-74 65
Signature:
Date:Oc, er , 2 16
CITY CLERK DATE DPCD DATE
This original application must be filed with the City Clerk.
STATEMENT OF GROUNDS
On September 2, 2015, the Board of Appeals issued a decision with respect to 161 Federal Street
granting a series of Variances and a Special Permit to allow the conversion of the building from
the former Rectory of the St. James Church to 4 residential units. The plan that was approved by
the Board provided for 6 parking spaces in the rear yard of the property to be accessed by a
narrow driveway from Federal Street.
The petitioner has since acquired an ownership interest in the adjacent property located on
Griffin Place and is now in a position to allow access to the rear on 161 Federal over the Griffin
Place property in exchange for providing parking to serve the Griffin Place property in the rear
yard of 161 Federal.
The original site plan approved by the Board for 161 Federal provided for the six spaces required
by the Ordinance. The amended site plan submitted herewith creates an additional four spaces to
serve the three units in the Griffin Place property for a total of 10 spaces. A reciprocal easement
will be granted to allow for access and parking by both parties.
The major benefit of the proposed amendment is to allow much easier access to the parking area
which will encourage residents to use the off street parking area rather than park in the street and
to provide off street parking for Griffin Place units.
- Ot+IDIT�'
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970
KIMBERLEY DR1scou TELE:978-745-9595 ♦ FAX:978-740-9846
MAYOR 0"
H N
September 2, 2015 r H
rn
Decision a� o
F
Ci of Salem alem
�m N
Bo z.
ardofAppeals
3
rn
U
Petition of 161 FEDERAL STREET LLC, seeking a Special Permit per Sec. g3.2 AUnconforming
Uses of the Salem Zoning Ordinance to change from one nonconforutg 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 (35)
height limit. The applicant is also seeking Variances per Sec. 5.1.2 Location ofParkfngto 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)(82 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-Chau), Jimmy Tsitsinos,
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 nonconfomvng 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 toallow 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 toallow 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.
City of Salem Board of Appeals
September 2,2015
Project: 161 Federal Street
Page 2 of
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. S.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.
i
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 User 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:
L 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
September2,2015
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.
R b cca Curran, Chair
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERK
A,bpeal from thu dei iien,if any, sbah be made pursuant to Seekon 17 of the Mattachwem General Lnmr Chapter 40A, and.shall be filed anthin 20 i
days of fik'ng of this dea.iion in the office of the City Clerk. Pursuant to the Massathuret[f General Lams Chapter 40A, Semon 11, the Variance or
Special Permitgranted herein shall not take ed until a copy f the deanon bearin
Fegishy°(Deedsg the cerci,f:cate f the City Clerk hm been filed with the Essex J'outh
.
APPROVED PLAN
N/F QUINN
56'
w
w
CA N/F TU TTLE
�I w
I� w
9.8'*
DIMENSIONS IN RED ARE
FROM BLDG. TO BLDG.
12T*
ONLINEt
AREA=7,446± S.F. 7B'* FL
3 STORY DWELLING 99*
#161
to be
removed
1273
4t
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 BROWN STREET - SALEM. MA
978-744-4800 #4190
i
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
d .
y'
120 WASHINGTON STREET 0 SALEM,MASSACHUSETTS 07970
TELE:978-619-5685 FAx:978-740-0404
KIMBERLEY DRIscoLL
MAYOR
n
City of Salem
Zonini Board of Appeals
Will hold a public hearing for all persons interested in the petition of 161 FEDERAL @7 EF)P'LLC, seeking
an amendment to an existing Zoning Board of Appeal decision dated September 22015 9 construct an
additional four (4) parking spaces at the rear of the property of 161 FEDERAL S-MET--(Map 25 Lot
112)(82 Zoning District). n I Q'
The public hearing will be held on WED., Nov. 16, 2016 at 6:30 PM, in Room 313, 3`' at 120
WASHINGTON STREET.
Rebecca Curran,Chair
Board of Appeals
Salem News: 11/2/2016 & 11/9/2016
This notice posted on "Official Bulletin Board"
City Hall, Salem, Mass. on WT90
at /D.'/& .41Y in accordance Wifh' Ilchap. 30A,
Sections 18-25.
�p°`01Ta CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
�Il
�O
120 WASHINGTONTete:978-619-5685 5685 FAX:9 MASSACHUSETTSEET 0 SALEM, 01970
40-0404
rJ BERLEY DRiscoLL
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
an amendment to an existing Zoning Board of Appeal decision dated September 2, 2015 to construct an
additional four (4) parking spaces at the rear of the property of 161 FEDERAL STREET (Map 25 Lot
112)(R2 Zoning District).
The public hearing will be held on WED., Nov. 16, 2016 at 6:30 PM, in Room 313, 3`' at 120
WASHINGTON STREET.
Rebecca Curran, Chair
Board of Appeals
Salem News: 11/2/2016 & 11/9/2016
CITY OF SALEM MASSACHUSETTS
BOARD OF APPEAL
ISLq. q
120 WASHINGTON SIW ET♦ SAI.EM,MASSACHUSETTS 01970
f11NE� TELE:978-619-5685 FAX:978-740-0404
KIMBERJ.xx DRISCOI],
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
an amendment to an existing Zoning Board of Appeal decision dated September 2, 2015 to construct an
additional four (4) parking spaces at the rear of the property of 161 FEDERAL STREET (Map 25 Lot
112)(82 Zoning District).
The public hearing will be held on WED., Nov. 16, 2016 at 6:30 PM, in Room 313, 3`d at 120
WASHINGTON STREET.
Rebecca Curran, Chair
Board of Appeals
Publish Dates Salem News: 11/2/2016 & 11/9/2016
Remit Bill to:
161 Federal Street LLC
C/o Scott Grover, Esq.
27 Congress Street, Salem, MA 01970
(978) 745-8065
Erin Schaeffer
From: Sue Linder-Bean <slinderbean@gmail.com>
Sent: Wednesday, November 16, 2016 9:08 AM
To: Erin Schaeffer
Subject: Parking 161 Federal
Erin Schaeffer, 11/16/16
Firstly, we'd like to share how pleased we are with how nicely the project at Griffin Place has come along.
The house is very nicely painted. We love the colors.
We have some concerns about the parking lot and our home. A fence would keep headlights out of my
bedroom, keep cars from parking under my bedroom window and keep plowers from plowing snow into the
back of Griffin Place and up against my house.
How will a plow manage snow in such a tight space. Snow will be plowed in with no where to go but in a
pile. I dread the great snow pile continuously melting into my already wet cellar. May I suggest a permeable
driveway.
The 2 homes abutting the 2 properties at hand are also historic, ours being built in 1850 and our neighbors
circa 1780. Water is not a friend to old houses. The more parking spaces they have, the closer the snow comes
our way. A fence will help a lot!
Thank you,neighbors at 19 Fowler Street,
SueLinder-Bean
Charles Bean
e
1
��¢ot�o►T,t,�\
CITY OF SALEM MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET♦ SALEM,MASSACHUSETIPART10 P `• 00
KIMBERLEY DRIscoLL TELE:978-745-9595 ♦ FAX:978-740-9846 FILE N
MAYOR CITY CLERK; SALEM, MASS.
November 30, 2016
Amended Decision
City of Salem Board of Appeals
Petition of 161 FEDERAL STREET LLC, seeking an amendment to an existing Zoning Board of
Appeal decision dated September 2, 2015 to construct an additional four (4) parking spaces at the
rear of the property of 161 FEDERAL STREET (Map 25 Lot 112)(112 Zoning District).
A public hearing on the above amendment to a previously approved petition was opened November 16, 2016
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: Rebecca
Curran (Chair), Peter A. Copelas (Vice-Chair), Tom Watkins, Paul Viccica (alternate), James Hacker
(alternate).
The Petitioner seeks an amendment to a previously approved decision dated September 2,2015,to amend the
previously approved plot plan in order to construct an additional four (4) parking spaces at the rear of the
property.
Statements of Fact:
1. Attorney Grover presents the proposed amendment to the decision.
2. In the petition date-stamped October 25,2016 the Petitioner requested an amendment to a previous
Zoning Board of Appeal decision to reflect the new parking plan titled, "Plot Plan of Land 161
Federal Street, Salem prepared for Dan Botwinik", dated September 29,2016.
3. The property served as a rectory for St.James church and is located in an R2 Zoning District.
4. The petitioner is proposing to construct an additional four (4)parking spaces for a total of ten (10)
parking spaces at the rear of the property.
5. The original site plan approved by the October 25,2016 decisions for 161 Federal Street,provided six
(6) parking spaced required by the Ordinance to serve the four (4) approved residential units at the
property.As amended, the site plan for 161 Federal Street will provide an additional four (4) parking
spaces to serve the existing three (3) residential units at the Griffin Place property.
6. The owner of 161 Federal Street has recently acquired an ownership interest in the adjacent property
at 2 Griffin Place and proposed to allow access to the rear of 161 Federal Street over 2 Griffin Place
via the private Right-Of-Way"Griffin Place"in exchange for providing parking to serve the Griffin
Place property in the rear yard of 161 Federal Street. This permits eliminating access through a narrow
driveway at 161 Federal Street.
' r
r
City of Salem Board of Appeals
November 30,2016
Project: 161 Federal Street
Page 2 of 3
E
7. A reciprocal easement will be granted to allow for access and parking by both parties.
8. The petitioner testified that a major benefit of the proposed amendment is to allow much easier
access to the parking area at the rear of 161 Federal Street. Originally, the Board approved a Variance
for a driveway to be less that the required twelve (12) feet wide to serve the property. The proposed
amendment to the plot plan now provides an easier way to access the parking behind 161 Federal
Street.
9. The property at 2 Griffin Place is a three-family dwelling unit with no legal parking spaces. Currently,
residents informally park in front of the building. The petitioner is proposing to formalize parking for
2 Griffin Place by providing four (4) parking spaces. The property at 2 Griffin Place is not required to
have any parking as there is no change of the number of units and there are currently no formal
parking spaces at the property.
10. The petitioner is proposing to provide four (4) parking spaces at 161 Federal Street to serve the three
(3) residential units at 2 Griffin Place. The parking at 161 Federal Street is specifically to allow for the
preservation of an existing large tree at the rear left corner of the 161 Federal Street property.
11. The petitioner requests that the plot plan that was originally approved as part of the September 2,
2015 decision be amended.
12. The maintenance of Griffin Way will continue to be done by the owner or their assigns as the Right-
Of-Way is privately owned.
13. At the public hearings three (3) members of the public spoke in favor and one (1) spoke opposition
to,the proposed amendment.
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:
The Board finds that the modified access to allow passage over Griffin Place for access at 161 Federal
Street and the request for four (4) additional parking spaces is not more detrimental than the
previously approved plan.
I
City of Salem Board of Appeals
November 30,2016
Project: 161 Federal Street
Page 3 of 3
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted with five (5) in
favor, (Rebecca Curran (Chair), Peter A. Copelas (Vice-Chair), Tom Watkins, Paul Viccica (alternate),James
Hacker (alternate)) and none (0) opposed subject to allow four (4) additional parking spaces amending an
original site plan associated with the September 2, 2015 Decision to the new site plan dated September 29,
2016, subject to the following terms, conditions and safeguards:
All conditions set forth in the original decision dated September 2,2015 shall remain and be adhered
to by the applicant, unless explicitly eliminated or amended in this decision.
Special Conditions:
1. The petitioner shall attach a solid fence to the existing chain link fence across the rear of 161 Federal
Street and along a portion between 161 Federal and 2 Griffin Place such that headlights will not shine
on neighboring properties and snow will not be pushed across rear property lines.
2. A reciprocal easement to allow access to the rear of 161 Federal Street via Griffin Way shall be in
place before a Certificate of Occupancy is obtained.
A " (_L� f
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 Massaibusettr General Lams Chapter 40A, and shall be fi4d within 20
days of fik'ng of this decision in the office of the City Clerk. Pursuant to the Marsachureus General Lows Chapter 40A, Section 11, the Variance or
Special Permit granted herein shall not take effect until a mpy of the decision bearing the certificate of the City Clerk has been filed with the Essex South
Registry of Deeds.
i
Erin Schaeffer
From: vtsdmailer@vt-s.net on behalf of fivemiles@gmaii.com
Sent: Wednesday, November 16, 2016 2:36 PM
To: Erin Schaeffer
Subject: [City of Salem MA] 161 Federal Street
Hello eschaeffer,
Thomas Collins (fivemiles@gmail.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:
Hi Erin,
My name is Tom Collins,and I live at 155 Federal Street. I'm writing in support of Dan Botwinik's proposed parking
changes for 161 Federal Street. He has managed to create a parking plan that maximizes parking space,while still
leaving green space in around 161 Federal and Griffin Place.
Thank you,
Tom Collins
155 Federal St.
Salem, MA 01970
1
�. CITY OF SALEM, MASSACHUSETTS
31 BOARD OF APPEAL
120 WASHINGTON STREET• SALEM,MASSACMUSEI7S 01970
KIMBERLEV DRISCou, TEce:978-745-9595 ♦ FAX:978-740-9846
� N
O
September 2, 2015 ell)
m m
Decision
City of Salem Board of Appeals ?- _ rI'
3
Petition of 161 FEDERAL STREET LLC, seeking a Special Permit per Sec. g3.2 AUnconforming
Uses of the Salem Zoning Ordinance to change from one nonconfornA tg 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).
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 Regu rrments 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 ofParks'ng 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:
]. 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-waV use driveway to be less than
the required twelve (12) feet wide.
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.
T The petitioner originally requested a variance per Sec. 5.1.2 Location ofParkin8 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 nonconfomring 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.
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 i
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 votedµith five (5) in
favor (Peter A. Copelas (Vice-Chair), Jimmy Tsitsmos, Mike Duffy, Tom Watkins and James Hacker
(alternate) and none (0) opposed to grant a Special Permit per Sec. 3.3.2 Nonew forming 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 ]?eguimmentr 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 saidsaleshould 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
Appea/from Ibis derision,if aty,shall be madepursuani to Section 17 of the Massachusetts GeneralLnuu Chapter 40A, and shall be filed within 10
!lays of fling of Ibis deaslon in the ofre of the City Clerk. Pursuant to the Masracbuteth General Laws Chapter 40A,Section 11, the Variance or
Special Pem sgranted herein,shall not take effect until a ropy of the decision bearing the tr ifcate of the City Clerk has been fekd with the Essex South
Registry ofDeeds.
f
��v%Com.tai.
/- CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
—'� 120 NASYIINGTON STREEr# SALEM,DIASSACHUSL ITS 01970
K1MSERLEYDR1scou. T[:I.E:9.78-745-9595 • FAX:978-740-9846
MAYOR
H N
September 2, 2015 H
m m
Decision
City of Salem Board of Appeals ? r"
rn p
Petition of 161 FEDERAL STREET LLC, seeking a Special Permit per Sec. Y3.2 A nconforming
Uses of the Salem Zoning Ordinance to change from one nonconforw tg usg '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-fibe (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 onthisdate with
the following Salem Board of Appeals members present: Peter A. Copelas (Vice-Chair), Jimmy Tsitsinos,
Mike Duffy,Tom Watkins,James Hacker (alternate).
The Petitioner seeks a Special Permit per Sec. 3.3.2 Nonconforming Use of the Salem Zoning Or 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 Reguiremenis 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:
I. 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 User 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 Regnirrmenls 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 Desi
gu to allow the one-way use driveway to be less than
the required twelve (12) feet wide.
h.
City of Salem Board of Appeals r
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 See. 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 construes 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-familv
dwelling unit as it mould not he economically feasible to undertake the restoration of this scale as a single-
family or two-family home.
City of Salem Board of Appeals
September 2,2015
Project: 161 Federal Street
Page 3 of 4
i
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 oder 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 User 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 ReguimmenIs 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 regulation's.
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.
S. 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
t
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, Chau
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERK
Appeal from ibis decision,rf any,sba/l be made pursuant to Section 17 of The Ma sar¢arettr General L awf Chapter 40A,and.rball be fi/ed within 20
days of filing of this deaston in the office of The 00,Clerk. Pursuant to Me Massachusetts General laws Cbapter 40A,Section 11, the Variance or
Special Peinniigranted herein sball not lake effect until a ropy of the decision Grating the cediftcale of the City Clerk has been filed with the Essex Soutb
Registry of Deeds.
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON S7REE1-♦ SALEM,MASSACHUSEI'1's.01970
KIMBERLEYDRiscom. Tox:978-745-9595.# FAX:978-740-9846
MAYOR
September 2, 2015 y
m rn
Decision ' v
City of Salem Board of Appeals
s
Petition of 161 FEDERAL STREET LLC, seeking a Special.Permit per Sec. g3.2 A ncon£orming
Uses of the Salem Zoning Ordinance to change from one nonconforri tg us-g� to another
nonconforming use to allow four (4) residential dwelling units. The applicant is also seeking
Variances per Sec. 41.1 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 o£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)(82 Zoning District).
A public hearing on the above Petition was opened July 15, 2015 pursuant to M.G.L Ch. 40A, § 71. 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 (Mice-Chair), Jimmy Tsitsinos,
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 Requirxmenrs 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 alloy two (2) of the required
parking to be located off-site and Sec. 5.1.5 De ign to allow the one-way use driveway to be less than
the required twelve (12) feet wide.
City of Salem Board of Appeals
September 2,2015
Project: 161 Federal Street
Page 2 of
3. The property served as a rectory for Sc 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 ofParkin8 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.
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 User 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 Dimennonal Requilrmenls for 'relief from
minimum lot area per dwelling unit and Sec. 5.7.5 De ign 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:
I. 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.
I
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 Alarrarhumttr General]our Chapter 40A,and shall be filed within 10
days of filing of this derision in the offsie of the G'g.Clerk Pursuant to the Massachusetts General Laws Chapter 40A, Sertion 11, the Variance or
Special Permagranted herein shall not fake eea until a apy of the derision hearing the ad irate of the City Clerk has been fekd with the Essex South
Registry ofDezdr.
RECEIVE®
November 9, 2016 NOV 151016
COMMUNITTy pEV4tONG.8,
To whom it may concern;
ENT
On behalf of 161 Federal St, LLC located at 161 Federal St.Salem, MA 01970(Parcel ID: 25-0112-0)
please accept this written confirmation as a request to update our business address.
Old address:316 Lowell St. Wilmington, MA 01887
New address: 12 Bay St. Unit 102 Wilmington, MA 01887
Please feel free to call our office with any questions or concerns you may have.
Thank you,
Derek Santini
508-675-2222
Fax: 617-553-1688
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970
KiMBERLEY DRISCOi.L TELE:978-745-9595 ♦ FAX:978-740-9846
MAYOR
Notice of Decision
At a meeting of the City of Salem Zoning Board of Appeals held on Wednesday,November 16, 2016 at 6:30
p.m. at 120 Washington St.,Salem,MA, the Zoning Board of Appeals voted on the following item:
Petition of 161 FEDERAL STREET LLC, seeking an amendment to an existing Zoning Board of Appeal
decision dated September 2, 2015 to construct an additional four (4) parking spaces at the rear of the property
of 161 FEDERAL STREET (Map 25 Lot 112)(82 Zoning District).
Decision: GRANTED
Filed with the City Clerk on November 30,2016
This notice is being rent in compliance with the Massachusetts General Laws, Chapter 40A,Sections 9&15 and does not require action
by the recipient.Appeakr if any,shall be made pursuant to Chapter 40A,Section 17, and shall be filed within 20 days from the date which
The decision was filed with the City Clerk
4