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Zoning Board Project Status Sheet
Address & Applicant: coq k�a.� k fl�6A VIAWRA
Date Submitted to BOA: 1,014
Clerk Stamp: 12014
Variances Only - Constructive Approval Date: (100 days front filing)
16 Abutters List Requested:
9�- Abutters Notice Sent: ("Ir
q� Notice to Abutting Cities & Towns, Councillors: �F
Legal Notice posted at City Hall: (14 days before meeting) 4
`p Legal Notice Emailed & Confirmed: ZL�3 /Z2, 4
1V Legal Notice Posted on Web: 21 ¢/Zo1
❑� Agenda to Applicant: Z /10 �-A1 q
Applicant's email address or fax number to send agenda:
Opened at Meeting: 2-111 Zm l4
Continued Meetings:
Extension Form(s) Signed & Clerk Stamped?
Closed at Meeting: 3 1 2814
Decision:
Decision Filed: 15 Appeal Period Over: 5/6 A4 (21" day
after decision filed)
❑ Decision Sent to Applicant:
❑ Notice of Decision Sent to abutters, cities and towns,
councillors:
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,t . , CITY OF SALEM, MASSACHUSETTS
�sl BOARD OF APPEAL
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120 WASHINGION, STREET ♦ SALE-\%MASS,\(]IryPW`tt P 2: 39
KIMBERLEY DRISCOLL Ti;U:978-745-9595 ♦ FAX:978-740-9* R
NLAyoR FILE 0
CITY CLERK, SALEM, MASS.
April 15, 2014
, Decision
City of Salem Board of Appeals
Petition of ROBERT WILLWERTH requesting a Variance from the provisions of Section 4.1.1
Table ofDimensiona/Requirements, specifically from the maximum allowed s,height of buildings,
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and a Special Permit under Section 3.3 Nonconforming Uses and Structures of the Salem Zoning
Ordinance to change from one non-conforming use to another, and to change a non-conforming
structure, to allow the conversion of the property to residential use, at the property located at 107
HIGHLAND AVENUE (Rl Zoning District).
A public hearing on the above Petition was opened on February 19, 2014 pursuant to M.G.L Ch. 40A, § 11.
The hearing was closed on March 19, 2014 with the following Salem Board of Appeals members present: Ms.
Curran (Chair), Mr. Dionne, Mr. Duffy, Mr. Watkins, and Mr. Tsitsinos (Alternate).
The Petitioner seeks a Special Permit from Section 3.3.3 Nonconforming Structures of the Salem Zoning
Ordinance, as well as two Variances under Section 4.1.1 Table of Dimensional Requirrments of the Salem Zoning
Ordinance.
Statements of fact:
1. In the petition date-stamped January 28, 2014, the Petitioner requested a Special Permit to change
from one non-conforming use to another, to allow the conversion of the property from a medical
office to eight (8) residential units; and to change an existing non-conforming structure, to allow the
addition of dormers and decks on the second and third floor over a portion of the existing fust-floor
porch.
2. After receipt of the application, Mr. Tom St. Pierre, Zoning Enforcement Officer, found that the
proposed dormers created a functional third story, where only 2.5 stories is permitted in an R1
Zoning District, and thus required a Variance from the maximum allowed height of buildings in
stories. The proposed building does not exceed the 35-foot maximum height of buildings in feet
requirement.
3. Attorney Scott Grover presented the petition on the applicant's behalf for the property at 107.
Highland Avenue.
4. The existing site is largely paved, and provides 27 parking spaces. The application proposed reducing
this to 16 spaces, and to increase landscaping on the site. Over 15,000 square feet of the existing
17,000 square foot site is impervious. The proposed reduction in parking would result in a reduction
of the impervious area.
5. The medical practice had 5 doctors, 22 full and part-time employees and an average of 60 patient
visits per day. The proposed eight (8) residential units will be occupied by one to two people per unit,
and will result in fewer vehicular trips in and out of the site.
6. Prior to the March 19, 2014 public hearing, the applicant submitted to the Board a revised site plan
showing 16 parking spaces, and also provided a financial analysis indicating that the redevelopment of
the property was only financially feasible with the creation of a minimum of 8 residential units.
City of Salem Board of Appeals
April 15,2014
Project: 107 Highland Avenue
Page 2 of 3
7. The requested relief, if granted, would allow the Petitioner to construct a dormer to accommodate
residential units on the third floor, construction of rear decks on the second and third floors, and use
of the property for eight (8) residential units.
8. At the public hearing, one abutter spoke in non-opposition to the application, and the applicant
submitted a petition in support of the application, signed by six neighbors at five different addresses.
The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and
after thorough review of the petitions, including the application narrative and plans, and the Petitioner's
presentation and public testimony, makes the following findings that the proposed project meets the
provisions of the City of Salem Zoning Ordinance:
Findings — Special Permit: to allow a change from one non-conforming use to another, and to allow
a change to an existing non-conforming structure.
1. The proposed changes and alterations shall not be substantiallY more detrimental than the existing
nonconforming use to the neighborhood as there will be less traffic to and from the site, and fewer
parking spaces will be required than with the previous use.
2. The utilities and public services to the budding are adequate
3. The proposed changes would benefit the City's tax base.
Findings—Variance from the maximum allowed height of buildings in stories.
1. The large size of the building, the arrangement of the lot, and the property's location in a residential
zone as well as on a main commercial corridor creates a unique condition in which literal enforcement
of the provisions of the Ordinance would involve substantial hardship. It would not be economically
feasible to convert this building to less than 8 residential units, which can only be accommodated by
allowing the third story.
2. The desired relief may be granted without substantial detriment to the public good.
3. The desired relief may be granted without nullifying or substantially derogating from the intent or
purpose of the City of Salem Zoning Ordinance.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5) in favor
(Mr. Watkins, Ms. Curran, Mr. Dionne, Ms. Harris, and Mr. Duffy in favor) and none (o) opposed, to grant
the requested Special Permit to allow a change from one non-conforming use to another and to allow a
change to an existing non-conforming structure, and to grant the requested Variance to allow the renovation
and expansion of an existing nonconforming structure to allow the building to be three (3) stories in height,
subject to the following terms, conditions, and safeguards:
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. Exterior finishes of new construction shall be in harmony with the existing structure.
6. A Certificate of Occupancy is to be obtained.
7. A Certificate of Inspection is to be obtained.
r ,
City of Salem Board of Appeals
April 15,2014
Project: 107 Highland Avenue
Page 3 of 3
8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but
not limited to, the Planning Board.
9. 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 tis
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.
Rebecca Curran, Chair
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED KITH THE PLANNING BOARD AND THE CITY CLERK
Appeal from this decision, if any,shall be made pursuant to Section 17 of the Massachusetts General Lams Chapter 40A, and shall be filed within 20
days of filing of this decision in the ofice of the City Clerk. Pursuant to the Alasrachusetts General Laws Chapter FOA, Section 11, the Variance or
Special Permit granted herein shall not take e_fleet 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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The undersigned have met with Robert Willwerth to review his
plans for 107 Highland Ave and they support his petition to the
Board of Appeals.
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The undersigned have met with Robert Willwerth to review his
plans for 107 Highland Ave and they support his petition to the
Board of Appeals.
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