51-71 LAFAYETTE STREET - ZBA 0 �I
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Legal Notice
CITY OF.SALEM
BOARD OF APPEAL
978-795-9595,Ext.381
will hold a public hearing for all
persons interested in the petition sub-
mitted by ENGINE HOUSE PLAZA
REALTY TRUST requesting Vari-
iances from Table 3 of the B-5 Density
,Regulation uses from the following
,minimum lot area per dwelling unite
maximum height of buildings and.
'floor area ratio to add 2 additional
stories and residential uses for the
property located at 51-71
LAFAYETTE STREET, B-5. Said
hearing will be held on WEDNES-
DAY, DECEMBER 18, 2002, at 6:30
p.m., 120 WASHINGTON STREET;
3rd FLOOR,ROOM 313.
Nina Cohen,Chairman
r ,
�cowir CITY OF SALEM, MASSACHUSETTS
CITY OF'SACEM: MA
BOARD OF APPEAL �
720 WASHINGTON STREET, 3RD FLOOR CLERK'S OFFICE
SALEM, MA 01970
w:
TEL. (978) 745-9595
FAX (978) 740-9846
STANLEY J. USOVICZ, JR. 1003 JAN -2 P 3: 5b
MAYOR
DECISION OF THE PETITION OF ENGINE HOUSE PLAZA REALTY TRUST
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 51-71
LAFAYETTE STREET B-5
A hearing on this petition was held December 18, 2002 with the following Board
Members present: Nina Cohen, Chairman,Richard Dionne, Stephen Harris, and Bonnie
Belair Notice of the hearing was sent to abutters and others and notices of the hearing
were properly published in the Salem Evening New in accordance with Massachusetts
General Laws Chapter 40A.
The petitioner is requesting a Variance from Table 3 of B-5 density regulation uses from
the following; maximum lot are per dwelling unit, maximum height of buildings and
floor area ratio to add 2 additional stories and residential uses for the property located at
51-71 Lafayette Street located in an B-5 zone.
The Variances, which have been requested, upon a finding Board that:
a. Special conditions and circumstances exist which especially affect the land,building
Or structure involved and which are not generally affecting other lands,buildings,
and structure involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners..
c. Desirable relief may be granted without substantial detriment to the public good and
Without nullifying or substantially derogating from the intent of this district of the
purpose of the Ordinance
The Board of Appeal, after careful consideration of the evidence presented at the hearing,
and after viewing the plans, makes the following findings of fact:
1. Petitioner is a Real Estate Trust, One Engine House Plaza Realty Trust, whose
trustees are Michael J. O;Brian,David Walsh and Philip Hansbury. Petitioner's plans
to redevelop for mixed retail and residential use for the property at 51-71 Lafayette
St. known as the Salem Laundry Building. Attorney Scott Grover of 222 Essex
represented the petitioners.
2. A recent analysis by Structures North Engineering uncovered an array or structural
problems with the tum of the century property, including inadequacies of the roof,
supporting members and the Lafayette St. fagade. The cost of reconstructing the
building will be considerable, potentially exceeding one million dollars.
II
DECISION OF THE PETITION OF ENGINE HOUSE PLAZA REALTY TRUST
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 51-71
LAFAYETTE STREET B-5
page two
To recover reconstruction costs, the owners plan to convert the building to residential
use and create 55 condominium units.
3. Petitioners plan to add two stories, to a total building height of 78 feet. Retail use on
The first floor will be retained. Parking for the owners of the condo units will be at the
City of Salem's South Harbor Garage because there is no on-site parking. The project
will retain the existing footprint and will preserve elements of the original design in a
reconstructed core.
4. Since the Salem Laundry building does not meet density regulations for new
construction,the petitioners are seeking variances from minimum lot area per
dwelling unit to allow 379 square foot per unit, floor area ratio for a ratio of 5.54.1
and building height for a total height of 78 feet. As support for their request,
petitioners argue that a literal enforcement of the provisions of the ordinance would
be detrimental not just to the owners but to the City of Salem,because it would
preclude the restoration and reuse of the historic property.
5. Petitioners will seek approval of the redevelopment plan from the Salem
Redevelopment Authority and the Design Review Board, from the Planning Board and
from the Conservation Commissioner. They have support for their plan from Claudia
Chuber, Ward 1 Councillor, Joan Lovely,Ward 3 Councillor, Joan Kantor and Nick
Helides, condomimin owners at 20 Central Street and from Salem Main Street executive
director Deborah Griel. Conditional support for the project was voiced by Staley
McDermet architect and former member of the Salem Redevelopment Authority, who
suggested that approval of the variances should be contingent upon the preservation of
the existing massing, masonry and concrete exterior wall surfaces, and detailing on the
brick portion of the building.
On the basis of the above finding of fact, the evidence presented at the hearing, the
Zoning Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property but not the
district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petition.
3. Desirable relief can 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.
DECISION OF THE PETITION OF ENGINE HOUSE PLAZA REALTY TRUST
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 51-71
LAFAYETTE STREET B-5
page three
Therefore, the Zoning Board of Appeal voted 5-0, to grant the Variances requested,
subject to the following conditions;
1. Petitioner shall comply with all city and state statures, ordinances, codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted 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. Petitioner shall obtain approval from all City Boards or Commission having
jurisdictions including, but not limited to, the Planning Board.
7. Petitioner shall obtain a yearly parking permit within 1,000 feet and renew them on a
yearly basis for the condo owners.
Variance Granted
December 18, 2002 /d n
Ni/
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CIITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17 of the
Massachusetts General Laws Chapter 40A, and shall be filed within 20 day
date of filing of this decision in the office of the City Clerk. Pursuant to
Massachusetts General Laws Chapter 40A, Section 11. The Variance or Special
Permit granted herein shall not take effect until a copy of the decision bearing the
certificate of the City Clerk that 20 days have elapsed and no appeal has been filed,
or that, if such appeal has been filed, that is has been dismissed or denied is
recorded in the South Essex Registry of Deeds and indexed under the name of the
owner of record or is recorded and noted on the owner's Certificate of Title.
Board of Appeal
JOHN D. KEENAN CITY OF SALEM - MASSACHUSETTS
Ci Solicitor LEGAL DEPARTMENT JAMES G.GI LBERT
City Assistant City Solicitor
222 Essex Street 93 WASHINGTON STREET 15 Front Street
Salem, MA 01970 SALEM, MASSACHUSETTS 01970 Salem,MA 01970
Tel: (978)741-4453 Tel: (978)744-9800
Fax:(978)740-0072 Fax: (978)744-7660
Email:jdkeenanlaw@aol.com Email:gilbert@salemlawyer.com
December 18, 2002
Nina Cohen, Chairperson
Board of Appeals
120 Washington Street
Salem, MA 01970
RE: 51-71 Lafayette Street, ("Salem Laundry Building")
Dear Chairperson Cohen:
At the request of the owners of the above referenced property, I have reviewed the Zoning
Ordinance with respect to the parking requirements for the proposed redevelopment of the
building. The property is located in the B-5 Zoning District (Central Development), which
permits the parking requirements for residential uses in rehabilitated buildings to be
accommodated at a municipal facility or other parking facility within 1,000 feet of the subject
property. See Salem Zoning Ordinance Article VII, Sect 7-3(h) (2)b & e. Accordingly, the
owner may purchase parking stickers in a municipal facility in order to satisfy the parking
requirements.
As always, please do not hesitate to call with any questions.
Very truly yours,
Jo . Keenan
Cit olicitor
gON01T
CITY OF SALEM
'x r
DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT
STANLEY J.USOVICZ,JR.
MAYOR 120 WASHINGTON STREET•SALEM,MASSACHUSETTS 01970
JOSEPH P.WALSH,JR. TEL:978-745-9595•FAX:978-740-0404
DIRECTOR
December 17, 2002
Members of the Zoning Board of Appeals
City of Salem
120 Washington Street
Salem, MA 01970
RE: Redevelopment of the old Salem Laundry Building
To Members of the Salem Zoning Board of Appeals:
I am writing to update the members of the Board of Appeals on the status of the
permitting for the Salem Laundry Building Project, which is before your board on
Wednesday, December 18, 2002. Due to the number of permitting steps this project will
go through as well as the separate jurisdictions of each board in the process, I thought this
brief update might be helpful prior to your review.
In addition to your review of the application to vary from the Zoning Ordinance, this
protect will also undergo separate and extensive design and site plan reviews. Since the
project is located within the Salem Urban Renewal Area, it will require review and
approval by the Salem Redevelopment Authority (SRA), as well as design review by the
SRA's Design Review Board (DRB). (For your information, the redevelopers made their
first public presentation of their plans for the building at the SRA meeting last
Wednesday.) Following your deliberations on their request for variances from zoning, the
project will continue to receive design review and approval from the SRA/DRB.
In addition to the SRA/DRB review, the project will require site plan review by the
Planning Board, due to the number of units and the size of the addition. This review will
also commence following the ZBA's review.
I hope that helps clarify the review process for this major downtown project. Please let
me know if I can be of further assistance to you concerning the review process.
Sincerely,
Joseph P. Walsh, Jr.
Director
Citp of balem, lHassatbusetts
®ffire of the citp council
Citp fall
COUNCILLORS-AT-LARGE REGINA R. FLYNN WARD COUNCILLORS
PRESIDENT
2002 2002
LAURA DeTOMA DEBORAH E. BURKINSHAW CLAUDIA CHUBER
THOMAS H.FUREY CITY CLERK REGINA R. FLYNN
KEVIN R. HARVEY JOAN B.LOVELY
ARTHUR C. SARGENT III LEONARD E O'LEARY
KIMBERLEY L DRISCOLL
MICHAEL A. BENGAL
JOSEPH A. O'KEEFE, SR.
December 18, 2002
Board of Appeals
120 Washington Street
Salem, MA 01970
I am writing to express my support for the petition of Engine House Plaza realty Trust requesting
variances from table 3 of B5 Density Regulations uses from maximum lot area per dwelling unit,
maximum height of buildings and floor area ratio, to add two additional stories and residential
uses for the property located at 51-71 Lafayette Street B-5, also known as the Salem Laundry
Building.
The project proposed by Engine House Plaza Realty from Salem and their partners, the Resource
Capital Group from Cambridge, and to be designed by Winter Street Architects of Salem,
promises to be a great asset to the city, improving a corner that for.too long has been an eyesore
and a safety hazard.
The project is still in its infancy and as such, many details have yet to be worked out, but
granting the petitioners the variance is a crucial first step to the project's viability.
Sincerely,
Claudia Chuber
Ward 1 Councillor
3 White Street
Salem, MA 01970
(978) 744-3623
chuberI @attbi.com
A32US 1,9830
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