162 FEDERAL STREET - ZBA (3) I (oZE=�d�c�� S eek
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Zoning Board Proiect Status Sheet
Address & Applicant:
Date Submitted to BOA:
❑ Clerk Stamp:
Variances Only - Constructive Approval Date: (100 days from filing)
❑ Abutters List Requested: N f
❑ Abutters Notice Sent: N ��
❑ Notice to Abutting Cities & Towns, Councillors:
❑ Legal Notice posted at City Hall: (14 days nefm�e meeting)
❑ Legal Notice Emailed & Confirmed: /
❑ Legal Notice Posted on Web:
❑ Agenda to Applicant:
vac
Applicant's email address or fax number to send agenda:
Opened at Meeting: q
Continued Meetings:
Extension Form(s) Signed & Clerk Stamped?
Closed at Meeting: q � e �s
Cxten5� on �ec? veS�'
Decision:
Decision Filed: S P Appeal Period Over:
after decisimi filed) 20\S S (2]"day
Decision Sent to Applicant:
❑ Notice of Decision Sent to abutters, cities and towns,
councillors: ,,,
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ZBA ACTION FORM J BOARD MEMBERS MOTION SECOND VOTE
Date: ql/pl/5 RCurran urran t
(Ch iat )
Mike Duffy
Petitioner: jU;/�:s W q r/ Tom Watkins
Peter Copelas )/
Address: tl Jimmy Tsitsinos
Jim Hacker(Alt.)
Paul Viccica(Alt.)
Total: 5-0
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.
r CONOIT
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WAsiENGTON STREET+ SALEM,MASSACHUSETTS 01970
KIMBERLEY DRISCOLL TELE:978-745-9595 ♦ FAX:978-740-9846
MAYOR k7
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September 30,2015
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William Wharff e+ O
C/o Attorney Scott Grover rr-4t -v
Tinti,Quinn,Grover&Frey
27 Congress Street 3
Salem,MA 01970
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Re: CORRECTED- 162 Federal Street Decision of the Zoning Board of Appeals to grant a request for a six(6)
month extension for exercise of the rights granted by the September 28th,2009 Board Decision that
approved Variances from minimum lot area per dwelling unit, and Special Permits to change one
nonconforming use to another and to increase existing side yard setback nonconformity, to
accommodate conversion of an office building to eight(8)residential units.
The Salem Zoning Board of Appeals met on Wednesday,September 16,2015 to discuss your request for the
approval of a second six (6) month extension to exercise rights granted by the September 28, 9009 Board
Decision that that approved Variances from minimum lot area per dwelling unit,and Special permits to
change one nonconforming use to another and to increase existing side year setback nonconformity,to
accommodate conversion of an office building to eight(8)residential units.
The original Decision of September 28,2009 was appealed to the Superior Court and an Agreement for
Judgment amending the Decision was entered on September 5,2012.The Decision qualified under the
Massachusetts Permit Extension Act and was automatically extended to September 28,2014. On October 2,
2014, the Zoning Board of Appeals granted a six (6)month extension to commence September 28,2014 and
expire on March 28,2015.
On September 9,2015, a letter was submitted by Attorney Grover on behalf of William Wharff requesting a
third six (6)month extension to commence September 28,2015 and expire March 28 2016
The Zoning Board of Appeals voted five (5) in favor(Ms. Curran,Mr. Copelas,Mr.Duffy,Mr.Tsitsinos and
Mr.Viccica) and none (0) opposed, to grant the approval of the six-month extension request to exercise the
rights granted by the September 28d,2009 Board Decision.This determination shall become part of the
record for this project.
If you require further information,please contact Erin Schaeffer,Staff Planner,in the Department of
Planning&Community Development at (978) 619-5685
Thank you,,
Rebecca Curran
Zoning Board of Appeal
Chair CC: Cheryl LaPointe, City Clerk
6
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CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
\ ,M►na�./ 120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970
MMBERLEY DRISCOLL TELE:978-745-9595 ♦ FAx:978-740-9846 a +
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MAYOR n
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September 28,2015
F
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3> OD
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To Renewal Ventures,LLC
c/o George W.Atkins III
Ronan,Segal&Harrington > _
59 Federal Street ✓ N
Salem,MA 01970
Re: 162 Federal Street Decision of the Zoning Board of Appeals to grant a request for a six(6) month
extension for exercise of the rights granted by the September 28th,2009 Board Decision that approved
Variances from minimum lot area per dwelling.unit, and Special Permits to change one nonconforming
use to another and to increase existing side yard setback nonconformity,to accommodate conversion of
an office building to eight(8) residential units.
The Salem Zoning Board of Appeals met on Wednesday,September 16,2015 to discuss your request for the
approval of a second six (6) month extension to exercise rights granted by the September 28, 9009 Board
Decision that that approved Variances from minimum lot area per dwelling unit,and Special permits to
change one nonconforming use to another and to increase existing side year setback nonconformity,to
accommodate conversion of an office building to eight(8)residential units.
The original Decision of September 28,2009 was appealed to the Superior Court and an Agreement for
Judgment amending the Decision was entered on September 5,2012.The Decision qualified under the
Massachusetts Permit Extension Act and was automatically extended to September 28,2014. On October 2,
2014, the Zoning Board of Appeals granted a six (6) month extension to commence September 28,2014 and
expire on March 28,2015.
On February 20,2015, a letter was submitted by Attorney Atkins on behalf of Renewal Ventures LLC
requesting a second six (6) month extension to commence September 28.2015 and expire March 28,2016.
The Zoning Board of Appeals voted five (5) in favor(Ms. Curran,Mr. Copelas,Mr.Duffy,Mr.Tsitsinos and
Mr. Viccica) and none (0) opposed,to grant the approval of the six-month extension request to exercise the
rights granted by the September 28th,2009 Board Decision. This determination shall become part of the
record for this project.
If you require further information,please contact Erin Schaeffer,Staff Planner,in the Department of
Planning& Community Development at (978) 619-5685
Thank you,
Rebecca Curran
Zoning Board of Appeal s
Chair CC: Cheryl LaPointe,City Clerk
TINTI, QUINN, GROVER & FREY, P.C.
27 CONGRESS STREET,SUITE 414
WILLIAM J.TINTI SALEM,MASSACHUSETTS 01970
tinti@tintilaw.com WILLIAM B.ARDIFF(1965- 1995)
WILLIAM F. UINN TELEPHONE
4
WilliamFQuinn@aol.com (978)745.8065 •(978)744MARCIA MULFORD CINI2948 OF COUNSEL
SCOTT M.GROVER TELECOPIER JOHN D.KEENAN
smgrover@tintilaw.com (978)745.3369 OF COUNSEL
MARC P.FREY www.tintilaw.com JERALD A.PARISELLA
mpfrey@tintilaw.com OF COUNSEL
JONATHAN M.OFILOS
jofilos@tintilaw.com
THOMAS J.HOGAN
tjhogan@tintilaw.com
MARCY D.HAUBER
mhau[S,@tintilaw.com
CHRISTINA M.MIHOS
cmihos@tintilaw.com
City of Salem
Zoning Board of Appeals
120 Washington Street
Salem, Massachusetts 01970
Re: 162 Federal Street, Salem, Massachusetts
Dear Members of the Board:
This office and the undersigned represent William Wharff, who was granted a series of
Variances and Special Permits with respect to the above referenced property in a Decision dated
September 28, 2009 (the"Decision")Mr. Wharff assigned his right under the Decision to
Renewal Ventures LLC, which obtained two six(6)month extensions of the time period to
exercise the rights granted in the Decision. Renewal Ventures LLC has elected not to proceed
with the re-development of the property and the Owner,Northeast Behavioral Health Corp.,has
entered into a new agreement with Daniel Botwinik for the sale of the property which is
scheduled to occur on November 16,2015.
Accordingly,Mr. Wharff is requesting a further six (6)month extension in order that he
might assign his rights under the Decision to Mr. Botwinik.
I have enclosed for your convenience a copy of the original Decision as well as the
extension granted by the Board on March 25, 2015.
I would appreciate it if the Board would consider this request at the meeting schedule for
September 16, 2015.
Very tru yours,
colt M. o r
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
.. . 120 WAaWGTON STREET 4 SALEM,MASSAC14USFTM 01970
MmEERLEYDRiscom TLE:978-745-9595 FAX:978-740-.9846
MAYOR
-+ a
March 25,2015 c ,r.
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To Renewal Ventures,LLC x r W
c/o George W.Atkins III nv
Ronan,Segal&Harrington
59 Federal Street
Salem,MA 01970 > na1
in co yy
Re: 162 Federal Street Decision of the Zoning Board of Appeals to grant a request for a sun(6)month
extension for exercise of the rights granted by the September 28th,2009 Board Decision that approved
Variances from minimum lot area per dwelling,unit,and Special Permits to change one nonconforming I'
use to another and to increase existing side yard setback nonconformity,to accommodate conversion:of
an office building to eight(8)residential units.
1`hc`S2km Zoning Board of Appeals.met on Wednesday,March 18,2015 to discuss your request for the
approval of a second six(6)month extension to exercise rights granted by the September 28,9009 Board
Derision that that approved Variances from minimum lot area Per dwelling uait,and Special permits to
change one nonconforming use to.another and to increase existing side year setback nonconformity,to
accommodate conversion of an office building in,eight(8)residential units.
The original Decision of September 28,2009 was:appealed to the Superior Court and an Agreement for
Judgment amending the Decision was entered on September 5,2012.The Decision qualified under the
Massachusetts Permit Extension Act and was automatically extended to September 28,2014. On October 2, {
2014,the Zoning Board of Appeals granted s.six.(6)month extension to commence September 28,2014 and
expire on March 28.201
On February 20,2015,a letter was submitted by Attorney Atkins on behalf of Renewal Ventures LLC
requesting a second six(6)month extension to commence on March 28,2015 and expire on September 28,
201 S.Mr Atkins explained that the reason for the extension is due to a delay in Department of
Environmental Protection permitting.
The Zoning Board of Appeals determined that good cause was shown to grant an extension and voted four
(4)in favor(Ms.Curran,Mr.Copelas,I&Duffy and Mr.Taitsinos)and none(0) opposed,to.grant"the
approval of the six-month extension request to exercise the;nghu granted by the September 280,2009 Board
Decision.This determination shall become par[of the record for this project
If you require further information,please contact Erin Schaeffer,Staff Planner,in the Department of j
Planning&Community Development at(978) 619-5685 S
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-Thank you, }
Rebecca Curran f
Zoning Board of Appeal
Chair CC:Cheryl LaPointe,City Clerk
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aCITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET. 3RO FLOOR
SALEM,MASSACHUSETTS 01970
TELEPHONE:978-745-9595
FAX:97$-740-9646
KIMBERLEY DRISCOLL 28M SEP 30 A 8: 09
MAYOR
0-1 Y !-L
Septenhber28,2009
Decision
City of Salem Zoning Board of Appeals
Petition of WILLIAM VMARFF seeking Variances from minimum lot area per
dwelling unit,and Special Permits to change one nonconforming use to another and
to,increase existing side yard setback nonconformity,to accommodate conversion of
an office building to nine(9)residential condominium units,on the property located
at 1.62 FEDERAL STREET,Salem,MA,in the Residential Two-Family Zoning
District(R2).
petitioner seeks Variances pursuant to the Salem Zoning Ordinance,56-4,Table 1:
Residential Density Regulations (recodified.on September 10,2009 as§4.1.1:Table of
Dimensional Requirements), Petitioner also seeks SpecialPennits pursuant to§5-30),
Extension of Nonconformity(recodified on September 10,1009 as $3.3.3,Nonconforming
Structures),and 58-6,Board of Appeals,Granting Special Pennits (recodified on September
10,2009 as S9.4,Special Permits).
Statements of fact
1. AtcomeyScort Grover represented the petitioner,WM6m Vlarff,who has the
property under agreement subject to his ability convert it to a residential use. The
property is owned by Health&Education Services,Inc.
2. in a petition dated March 25,2009,the petitioner requested a Variance and Special
Pennies to convert the exerting office building to nine (9) residential units.
3, A public hearing on the above nxtritioned Petition was opened on April 15;2009;
pursuant to Mass General I-2w Ch.40A,911.
4. At the April15,2009 meetin&.Attomey Grover stated that a leaking 92 tank exists
on the property,and cleanup would be expensive;he also stated that the propeny is
currently being remediatecl.
5. In a statement submitted with the application,Attorney Grover also noted that the
building at 162 Federal Street is substantially larger than any other residential.
structure in the area;that conversion of it froma commercial to residential use
would require a complete reconstruction of the interior of the building;and that such
conversion would be cosily enough to require a certain level of density to support
costs of rehabilitation.
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6. At the April 15 00 meeting,Attorney John Carr,7 River Street,,representing the
Federal Street Neighborhood Association,opposed the project,citing concerns
about density,and stating that the change in use from a trental health center with
daily business hours to a residential building would increase the intensity of use.
7. At the.April 15,2009 meeting,other residents spoke in opposition to the project,
citing similar concerns about density,intensityof use,and the-fact that the
developers proposal;appeared to have measured the square footage of living spate
differently from the Cary Assessor's office.
8. At the April 15,2009 meeting,Ward 2 Councillor Michael Sosnowski, 17 Collins
Street,spoke in opposition'to the project at-its current density,stating that units of
the size proposed would not be in keeping with the character with the
neighborhood. f
9. At the April 15,2009 meting,Board members expressed concerns about the C
density,the amount of space available for parking,and whether the proposed use
would be less intense than the current use.
10. The hearing vas continued to August 19,2009. At the August 19,2009 meting,
Attorney Grover stated that in response to meetings with the neighbors,the plans
had been revised to show a reduction from nine(9)proposed units,to eight(8),an
increase in the proposed parking spaces from fifteen(15)to eighteen(18),and
additional green space. Approximately 10,000 square feet of additional land area was
also shown on the plan,the result of an agreement with the Archdiocese of Boston
'-to acquire part of their property at 150 Federal Street.
11. At the August 19,2009 meeting,Attorney Grover stated that the relief now
requested was for lot area per dwelling unit of 3;200 square feet,rather than the
originally requested 1,166 square feet per dwelling unit,and that this was the only
dimensional relief needed,as the previously proposed side entrance had been
eliminated.
12. At the August 1%2009 meeting,Artomey John Carr,representing the Federal Street
Neighborhood Association,stated that while the project'waa progressing in a
favorable direction, not all-of the neighbors were available to view the revised plan%,
and so they could not yet support the petition Lle requested that,if agreeable to
Attorney Grover,the item be continued to September 16,2009,by which time the
neighborhood would have time to review the new plans,and they would then be
able to solidly support the project The Board subsequently voted to continue the l
matter to September 16,2009.
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13. At the September 16,2009 meeting,Attorney Grover presented the revised plans.
At the meeting;Ken Wallace, 172 Federal Street,stated his opposition to the plans
due to concerns that prospective residents would park on Federal Street. Attorney
John Carr,continuing to represent the Federal Street Neighborhood Association,
stated that he was pleased with the changes made to the plans,but wished to see the
number of units reduced further to seven (7).
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14. The pubic hearing was closed on September 16,2009,with the following Zoning
.Board of Appeals members present: hick Dionne (chairing the meeting),.Annie
Harris,Beth Debslo,Bonnie Belair(alternate),and Jimmy Tsitsinos(alternate).
15. At its meeting on September 16,2009„the Board of Appeals voted five(5) in favor
and none(0)opposed to grant a Variance under§6-4,Table 1:Residential Density
Regulations(recodified on September 10,2009 as 54:1.1:Table of Dimensional
Requirements).
The Board of Appeal,after:careful consideration of the evidence presented at the public
hearing;and after thorough review of the plans and petition submitted,makes the following
findings:
1: Special conditions and circumstances exist affecting the parcel or building,which do
not generally affect other land or buildings in the same district.
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2. Desirable relief may be granted without substantial detriment;to the public good and
without nullifying or substantially derogating from the intent or purpose of the
zoning ordinance,as the proposed project is in harmony with the residential
character of the neighborhood,particularly with the reduction of density and
addition of parking and green space to the original proposal.
3. literal enforcemem of the provisions of this ordinance would involve substantial
hardship,financial or otherwise,to the appellant,as costs of the building's t
rehabilitation in the current economic climate would be considerable.
4. The applicant may vary the terms of the Residential Two-Farr@yZoning District to
constrict the proposed addition,which is consistent with the intentand purpose of
the City of Salem Zoning.Ordinance.
5. In permitting such change,the Board of Appeals requires.certain appropriate,
conditions and safeguards as noted below.
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On the basis of the above findings of fact and aU evidence presented at the public hearing 3
including,but.not limited to,the Plans,Documents and testimony,the Zoning Board of. l
Appeals concludes:
1. To allow for the redevelopment of the office building on the property located at 162
Federal Street into eight(8) residential units as per the plans submitted,including the
/p Ian titled"Parking Sketch Concept Plan for a Proposed Residential Development at
7 162 Federal Street,Salem,Massachusetts,”prepared by Patrowicz Land
Development Engineering and North Shore Survey Corporation,dated.August 4,
2009,the requested Variance from lot area per dwelling unit for the Residential Two-
Family
woFamily Zone is granted.
In consideration of the above,the Salem Board of Appeals voted,five (5)in favor(Dionne,
Belair,Harris,Debski.and Tsitsinos)and none(0)opposed,to grant petitioner's requests for
a Variance subject to the follovting terms,conditions,and safeguards:
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1. Petitioner shall comply with all city and state statutes,ordinances,codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted to and
approved by the Building Commissioner.
3. .All requirements of the Salem Fire Departmem relative to smoke and fire safety shall
be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5.. Exterior finishes of the new construction shall be in harmony with the existing
structure.
6. A Certificate of Occupancy is to be obtained
7. Petitioner is to obtain approval from any City Board or Commission haying
jurisdiction including,but not limited:to,the Planning Board.
g. Unless this Decision expressly provides otherwise;anyzoning relief granted does
not empower or authorize the Petitioner to demolish or:reconstruct the structures)
located on the subject property to an extent of more than fifty percent(50%)of its
floor area or momtl=fiftypetcent(50%) of its replacement:con at the time of
destruction.If the structure.,is demolished by any means to an;extent:of more than
f fty:percent(50%)of its replacement cost or more than fifty percent(50%)of its
floor area at the time of.destruction,iushall not be reconstructed except in
conformitywith the provisions of the Ordinance.
9. barking shall be as per the submitted plan dated August 4,2009..
ILc� taonne
Salem Zoning Board of Appeals
A DOPY OF THIS DEQSION HAS BEEN FILED WITH THE PLANNING BOARD
AND THE QTY CLERK
Appeal from this decision,if any,shall be made pursuant to Section 17 of the Massachusetts Z
General Paws Chapter 40A,and shall be filed;within 20 days of filing of this decision in the k
office of the aryClerk Pursuant to the Massachusetts General.Laws Chapter 40A,Section
11,the Variance or Special Permit granted herein shall not take effect until a copy of the
decision bearing the certificate of the City Clerk has been filed with the Essex South Registry
of Deeds.
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