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16 LYNCH STREET - ZBA 1C9 �r)c11 CSd,e+�o�� d i universal® Www.myuniversalop.com pti .1.88&7%4878 UNV12113 mom w USA -f IOM lyq ,a-g SPt once — A. V 3J F%-e 4) S� (w-4,1/x'r` 0 G/ t 0,7 .'Cfc Q 7l ds Fn Pym, 307 pC�crfA/4�,pv, k s.� Zoning Board Proiect Status Chant Address & Applicant: 1 L, Lu n r Vn p P �- Date Submitted to BOA: ;-`-, ,1l 2R Clerk Stamp: Variances Only - Constructive Approval Date: (ioo days from filing) ❑ Abutters List Requested: ❑ Abutters Notice Sent: ❑ Notice to Abutting Cities & Towns, Councillors: ❑ 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: . Exten ion For Signed & Clerk Stamped? Closed at Meeting: Decision: (�' �-Q V-\-r-e-(A Decision Filed: Appeal Period Over:-- / after d ision filed) (Zh"day ecision Sent to Applicant: � Notice of Decision Sent to abutters, cities and towns, councillors: r f ZBA ACTION FORM BOARD MEMBERS MOTION SECOND VOTE Date: R-ebeeca-r,.--,'m=-G—}� �-- Mike Duffy Petitioner: Tom Watkins �' ter-CePelas-- -- Address: Jimmy Tsitsinos Jim Hacker(Alt.) Paul Viccica(Alt.) Total: 5-- p Conditions: M 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. i T+ A •% ONDIT CITY OF SALEM, MASSACHUSETTS 'a BOARD OF APPEAL 120 WASHINGTON STREET!• SALEM,MASSACHUSETTS 01970 15 SEP _�q A c: 50 MMBERLEYDRiscoLL TELE:978-745-9595 ♦ FAX:978-740-9846 F #f MAYOR FILE€lTY GLEFY, SALEM, MASS, September 9, 2015 Decision City of Salem Board of Appeals Petition of SHETLAND PARK seeking Variances from the provisions of Sec. 4.1.1 Table of Dimensional Requirements of the Salem Zoning Ordinance for relief from front yard depth and lot coverage to construct a 12,835 square foot Athletic &Arts Center for lease to Salem Academy Charter School at the property located at 16 LYNCH STREET (Map 34 Lot 182) (113). A public hearing on the above Petition was opened on August 19, 2015 pursuant to M.G.L Ch. 40A, 4 11. The hearing was closed on that date with the following Salem Board of Appeals members present: Mike Duffy (Acting Chair),James Tsitsinos,Tom Watkins, Paul Viccica (alternate), and James Hacker(alternate). The petitioner is seeking Variances from the provisions of Sec. 4.1.1 Table of Dimensional Requirements of the Salem Zoning Ordinance for relief from front yard depth and lot coverage to construct a 12,835 square foot building. 1. In the petition date-stamped July 28, 2015, the Petitioner requested a Variances seeking relief from Sec. 4.1.1 Table of Dimensional Requirements from minimum front yard setback and maximum lot coverage to construct a new12,835 square foot building. 2. Attorney Mihos of Tind, Quinn, Grover and Frey presents the petition on behalf of the applicant. 3. The applicant recently applied and received variances for an Athletic and Arts Center to be located at 29 Congress Street. After analysis regarding flooding, the applicant has returned to the Zoning Board of Appeals to request variances for relief from minimum front yard setback and maximum lot coverage for an alternative location at 16 Lynch Street. 4. The proposed building is a single-story 12,835 square foot Athletic and Arts Center oriented with frontage on Lynch Street. 5. The proposed building setback is eight (8) feet on Lynch Street. 6. With the construction of a new building, the lot coverage will increase to 46.1%. 7. The building will be leased to the Salem Academy Charter School to be used for a new athletic and arts center. 8. The requested relief, if granted, would allow the Petitioner to reduce the setback from the required 30 feet to between three (3) and eight (8) feet and to allow a total of forty-one (46.11/o) lot coverage that exceeds the maximum allowable lot coverage of thirty-five (35%). 9. At the public hearing four (4) members of the public spoke in favor of and none (0) spoke in opposition to, the petition. City of Salem Board of Appeals September 9,2015 Project: 16 Lynch Street Page 2 of 3 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 that the proposed project meets the provisions of the City of Salem Zoning Ordinance: Findings for.Variance: 1. Special conditions and circumstances that especially affect the land, building or structure generally not affecting other lands, buildings or structures in the same district is that Shetland Park is the size, age and density of the existing industrial-age buildings and location in a floodplain are special conditions affect the land that generally do not affect other lands, buildings or structures in the same district. 2. The literal enforcement of the provisions of the Ordinance would involve substantial hardship because the existing buildings that were built in 1914 are uniquely solid construction with steel and thick concrete to withstand fire and are expensive to maintain and/or renovate and the previously proposed location of the building was within a floodplain that would pose a substantial hardship to the applicant as the site is not suitable. 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 five (5) in favor (Mike Duffy (Acting Chair), James Tsitsinos, Tom Watkins, Paul Viccica (alternate), and James Hacker (alternate) and none (0) opposed, to grant Variances, to allow a reduction minimum front yard and increase in maximum lot coverage of the Salem Zoning Ordinance to construct a 12,835 square foot building, 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. 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 Condition: 1. The use of the facility is only for an exempt educational use. City of Salem Board of Appeals September 9,2015 Project: 16 Lynch Street Page 3 of 3 Rebecca Curran, Chatr Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed nathin 10 days of f:k'ng of this decision in the office of the City Clerk. 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 dedsion bearing the certificate of the City Clerk has been filed with the Essex South Registry of Deed,. I CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS �oNorq` PETITION FORM y �Q„ CITY OF S4LEM,MASS4CHUSETTS ; BOARD OF APPEALS jOIS JUL 28 A 10 'IO l iii, ro, a+ 120 WASHINGTON STREET,3RD FLOOR S4LEM, MASFACHUS=TTS01970 s �egG Thoma.Pierre,Director of Inspectionai Services CITY CLERK, S«LEti, ~_ Phone:978-619-5641/ Fac:978-740-9846 KIM13ERLEY DRISCOLL Erin Schaeffer,Staff Plainer CE1 6" ED MAYOR Phone.978-619-5685/ Fac:978-740-0404 FIETO TH E BOARD OF APPEALS: ILI! ?e L t5 The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: DEPT.OF PLANNING& ,"^n Address: Shetland Park 16 Lynch Street ZoningDistrict: R 3 CcMIftRUR:T`fDEVELOPMENT 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: I am proposing to construct a 10' x 10' one story addition to my home located at 3 Salem Lane,in the R-2 Zoning District. The Zoning Ordinance requires the minimum depth of the rear yard to be 30 feet. The current depth of my rear yard is 32 feet; the proposed addition would reduce the depth of the rear yard to 22 feet.) Owner Shetland Trust proposes to r r a 12S25 -I-,/-. SF building (9R' +/_ high) for lease to Salem Arafipmy Charter S heel- an existing tenant at Shetland Park. to ber r rUino 1�r*-r- close to their existing school Ordinance requires minimum front yard depth of 1 " ft. and lot coverage of 35% which are not met bythe prn ns l For this reason I am requesting: (table of Dimentional Requirements) Variance(s)from provisions of Section 4.1.1 of the Zoning Ordinance,specifically from 1.) Front Yard Depth 2.) Lot Coverage (i.e. minimum depth of rear yard). What is allowed is Front- yard Depth— 151 Int . ^ -... e MA am proposing isF'ronr Yard P rrh h (ft?sgff stories?%?). 3'-8' & lot coverage 46.1% ( )A Special Permit under Section of the Zoning Ordinance in order to ( )Appeal of the Decision of the Building Inspector(described below): ( )Comprehensive Permit for construction of low or moderate income housing(describe below): Current Property Use:Parking lot Are Lot Dimensions Included?A 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. r CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS PETITION FORM The following written statement has been submitted with this application: (X) 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. ( ) 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 doewmenlation of previous applications to the petitioner or his representative. Erick M. Hahn Ifdiffereni from petitioner: • Assistant Petitioner: Shetland Park to PresidenRroperty Owner: Sharland Trncr Address: 29 Congress St. , Salem Address: 29 Congress St. Telephone: 978 740 4415 Telephone: 978 740 4415 Email ErickH a com Email: Signatur . Signature: See attached letter `7 (Attached consent tetter is also acceptable) Date: ! ��S _ Date: If different from petitioner. Representative: Christina Mihos Tinti. Quinn, Grover & Fre , greet, Suite 414 A TRUE Address: 27 Congres� St' ATTEST Telephone: 97 :74 8065 Signature. Date: ( 4Ul CITY CLERK DATE DPCD DATE This original application must be filed with the City Clerk. K t Icts"""and PRO Salem's Waterfront Business Center July 22, 2015 City of Salem Board of Appeals 120 Washington Street Salem, MA 01970 Re: Zoning Application of Shetland Trust Dear Chair and Members: This letter is to inform you that as Trustee of Shetland Trust, I have authorized Assistant to the President of Shetland Properties, Erick Hahn, to file the accompanying application of Shetland Trust for the necessary zoning relief to construct-the Athletic and Arts center for Salem Academy Charter School. We appreciate your attention to this matter. Very truly yours, SHETLAND TRUST Robert 1. Lappin Trustee RILAmp •Our Hallmark for Over Fifty Years: Satisfied Tenants Shetland Properties, Inc. • Shetland Properties of Salem Limited Partnership •Shetland Investments Limited Partnership •Shetland Park Self Storage P.O. Box 986 •27 Congress Street• Salem, MA 01970 (Tel)978.744.0556• (Fax)978.744.2078•info(a.shetlandoark.com•www.shetlandr)ark.com Shetland Park Self Storage•45 Congress Street• Salem, MA 01970•978.740.4423 Statement of Hardship for Application of Shetland Trust Applicant Shetland Trust owns and operates a property that is unique in the City, the largest business and office park in Salem, consisting of about 1.5 million sf of interior space located within in several huge converted industrial buildings developed for heavy industry many years before zoning regulations were enacted in Salem, located on a parcel of about 29.12 acres of land along the Salem waterfront. Shetland is one of the highest payers of real estate taxes to the City of Salem. The age, construction and size of its buildings poses unique physical and financial challenges to it owner that have occasionally required seeing appropriate zoning relief from the City to enable Shetland to improve its buildings and site to meet modern market demand, and maintain its financial viability as a tax-paying entity. The site was originally developed for dense industrial uses by the Naumkeag Steam Cotton Company in the 1830s, and over 2,000 workers were at times employed there. Much of that facility was destroyed by the Great Salem Fire of 1914, but Naumkeag rebuilt most of the site into its present configuration of very large industrial buildings covering a great portion of the site, and operated there until about 1953. The current owner acquired the property in 1958, and has continuously endeavored to maintain and improve it as business and office space since. In more recent years, these efforts have gained momentum from the development of the nearby Pickering Wharf retail and residential project. Shetland currently houses numerous and mixed uses that employ about 2,000 people. However, because of its size, the age and design of its buildings, and its location which is remote from highway and rail access, Shetland faces strong and constant competition in the tenant market from newer developments in the region, including large projects like the Cummings Center in Beverly. The current application is a case in point where Shetland seeks relief from three dimensional limitations of the Salem Zoning Ordinance in order to overcome physical and financial hardships caused by the age, design and size of its buildings, to accommodate a modern user at the site. The Salem Academy Charter School is a tenant which has for about 8 years operated a highly successful Charter School, educating about 400 Salem and area students, in space it leases from Shetland. Because of its design and building density, Shetland has been unable to provide any significant outdoor recreational space for use by the School, and the students have needed to travel to Salem Common or other available public areas for its recreation activities. If it is to continue at Shetland, the School needs additional space for indoor athletics and programs in the arts. As a result, Shetland and the School have entered into a lease extension agreement to keep the School at Shetland for years to come, provided that Shetland can obtain the necessary zoning relief and constructs for the School's exclusive use the free-standing Athletic and Arts Center on the site near the School. We believed that the best, and really only viable location to construct this facility at Shetland is where proposed, immediately adjacent to the Shetland Parking Garage (constructed with ZBA approval in 1988) facing Pingree Street. However, after ZBA approval the Applicant discovered that the land approved by the ZBA was located in a floodplain. As a result, it came to the Applicant's attention that the best place to construct the facility would be in the open space located at 16 Lynch Street which currently serves as a parking lot and is not located in a floodplain. Specifically, Shetland is seeking two variances from the Ordinance's dimensional requirements: (i.) to allow the structure to be built with front setbacks less than the required 15' from the street; and (ii.)to allow the structure to exceed the required lot coverage ratio for buildings in this zoning district by an additional 11.1 %. The age, size, location, condition and density of the existing industrial-age buildings on the main lot at Shetland Park are unique, and constitute a special condition affecting this lot which does not generally affect any other lands or structures in the same district. A literal enforcement of the dimensional provisions of the Ordinance would constitute a substantial hardship to the applicant, financial and otherwise, by preventing the applicant from making reasonable use, economic and otherwise, of that portion of its property occupied by the School. As a matter of law in Massachusetts, dimensional variances may be granted at the Board's discretion on less strict factual and legal grounds than more serious requests for zoning relief. Here the existing educational use is not prohibited, and it serves the purpose of good public education in the City;the relief requested may,therefore, 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. m m m I � I PROP006D RRBi BOOR PLLN _ JESMLEMACAOE WETT GNARTER SGNOOL I C_ONSTRUCTION__CO.,INC. JQTS I GNHWU 1 L U E R$ PROPOSED FIRST FLOOR CONSTRUCTION MANAGERS V6 6F.1 o % P.O. Box 405 • Raymond, NH 03077 (603)895-2412•w jeweticonstructionxom ,v, •te d k 'F' +'S•o3,^lk -�� .��w .: - §.Fi,y, 5� dip.#h� ��.'* � �.�v FKf t3v �+i�,f�7t ii�"w�* 't Y9 Lp Y �� � � °4x r,? + • f"Ni 7 k Gs y F .,.rte_ � -�° � e t z7-, 7- _ yRr t 17 y e. !! w. iii -t i Itxurr. Go ftm.n c • i C• v/ e • 1 iinunmu e AN41iIfIf[s . ` � Salem Renewal LLC Real Estate Revitalization 65 Cmgms's Sl Salem,MA 01970 Phone(978)979-9278 Vn(978)744-7558 dyabi�'usfllcmrcncwaLcom 8/19/15 City of Salem Zoning Board of Appeals 120 Washington Street Salem MA 01970 Dear Chairwoman Curran: As a direct abutter to the property at 16 Lynch Street,l would like to express my strong support for the proposed zoning relief for front yard depth and lot area coverage. Salem Academy Charter School is an excellent resource for the City, and allowing Shetland Properties this relief will help to strengthen the educational experience offered by the Academy. ithe Board to vote in favor of this proposal. ch,P.E. Manager Salem Renewal LLC 65 Congress St, Salem MA 1 s Its"elln"d par Salient's Waterfront Business Center, W 71, July 22, 2015 City of Salem Board of Appeals 120 Washington Street Salem, MA 01970 Re: Zoning Application of Shetland Trust Dear Chair and Members: This letter is to inform you that as Trustee of Shetland Trust, I have authorized Assistant to the President of Shetland Properties, Erick Hahn, to file the accompanying application of Shetland Trust for the necessary zoning relief to construct the Athletic and Arts center for Salem Academy Charter School. We appreciate your attention to this matter. Very truly yours, SHETLAND TRUST /1 4�/ Robert I. Lappin //2"'N/ Trustee RlUlmp Our Hallmark for Over Fifty Years: Satisfied Tenants Shetland Properties, Inc. •Shetland Properties of Salem Limited Partnership • Shetland Investments Limited Partnership - - Shetland Park Self Storage P.O. Box 986.27 Congress Street• Salem, MA 01970 (Tel)978.744.0556 •(Fax)978.744.2078•info(a)shetlandoark.com •www.shetlandoark.com Shetland Park Self Storage•45 Congress Street• Salem, MA 01970 •978.740.4423 \ \-\ MAP 34 LOT 448 Ek/SnN \_\ SHETLAND TRUST SALEM \_ ROBERT I. LAPPIN, TR. ACAOEM \-\ 27 CONGRESS ST.tw Y DRILL HOLE IN c� MAP 34 LOT 191 STONE BOUND 10-14 LYNCH ST. R.T. / FOUND \ \_ \_ ANTHONY K. PAONE, SR. TR. \ 14 LYNCH ST. / , j / 4- �5j, 1$ 91' DRILL HOLE IN % STONE BOUND �- FOUND % � o 16 LYNCH STREET PROPOSED 3s' SALEM- ACADEMY - / MAP 34 LOT 210 ATHLETIC AND ART SHETLAND TRUST / CENTER ROBERT I' LAPPIN, TR.% j FOOTPRINT AREA = 12,835 f S.F. 18 PERKINS ST. ap ` 3 \ W MAP 34 LOT 209 c % KEVIN M. & CHRISTINE HOAG v 20 PERKINS ST. r 3.5' % MAP 34 LOT 182 % AREA = 27,817 f S.F. MAP 34 LOT 208 20 CATALINA & BLASINA TORIBIO 9' N X33 v / 26 PERKINS ST. k 1g� PARk1NC Sp o \9.Z4\ \z l IRON ACFS / °' MAP 34 LOT 181' MAP 34 LOT 207 RODpm) RESIDENTIAL RENTAL, DRILL HOLE IN / MARIA J. SOUSA FOUND 0 PROPERTIES, LLC STONE BOUND j 28 PERKINS ST. \ 14 PINGREE ST. / FOUND N 8862. / 3*4 MAP 34 LOT 183 TWENTY FIVE PERKINS , MAP 34 LOT 18 / STREET CONDOMINIUM FAUSTO MORETAA / 2 / 25 PERKINS ST. / CRISTIAN BETANCES / 16 PINGREE ST / Z ZONING DISTRICT - R3 PROPOSEDILDI REQUIRED BUNG ZONING BOARD OF APPEALS PLAN FRONT 1LDI 16 LYNCH STREET SIDE 20' N/A SALEM REAR 30' 52.9' PROPERTY OF BLDG. HEIGHT 45' 28't SHETLAND TRUST LOT COVERAGE 357. 1 46.1% SCALE 1" 30' JULY 23, 2015 NORTH SHORE SURVEY CORPORATION Po vi OF M,4SS 14 BROWN STREET - SALEM, MA � �N OF MgSsgo 02�� 978-744-4800 or SCOTTIAN s� z GAIL L. PATRONCZ PATROWICZ CIVIL. N+ ° SMITH . NO.35043 LAND DEVELOPMENT ENGINEERING C % 8 No.3365 9F �% RS �o ,�? 14 BROWN STREET - SALEM, MA Gi P FSS cisiER 978-836-6400 AL Oh'Al Lf.NO�' 0 30 60 #4198