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17 NORTH STREET - ZBA ��- N��� ��-�- � � - - -� �� �q �, -� � = y � � � �° _.-- i �� �.. _ «,.i i yco nirA.� CITY OF SALEM, MASSACHUSETTS 4�1BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR SALEM. MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 FAX: 978-740-9846 prtrt�B1p KIMBERLEYOR ISCOLL n 12; 58 January 6, 2009 Decision City of Salem Zoning Board of Appeals Petition of WILLIAM WHARFF requesting a special permit for a change in nonconforming use and variances from maximum height (feet and stories), minimum lot area per dwelling unit, and required parking to allow for construction of a third and fourth story and the conversion of the current assembly hall to seven residential condominiums at 17 NORTH STREET (R-2). A public hearing on the above Petition was opened and closed on December 17, 2008 pursuant to Mass General Law Ch. 40A, §§ 11. The following Zoning Board of Appeals members were present: Robin Stein (Chair), Beth Debski, Annie Harris, Richard Dionne, and Jimmy Tsitsinos (alternate). Petitioner seeks variances pursuant to Table I and a special permit pursuant to Section 8- 6. Statements of fact: 1. Attorney Scott Grover presented the petition on behalf of the petitioner. 2. The property at 17 North Street is owned by the Beverly/Salem Elks Lodge. The owner's attorney, Philip Moran, Esq. submitted a letter authorizing the petitioner to file an application with the Board of Appeals. The petitioner, William Wharff has signed an agreement to purchase the property. 3. The current use of the property at 17 North Street is an assembly hall, a nonconforming use in the Residential Two Family (R-2) district. 4. In a petition dated June 3, 2008, the applicant requested a special permit for a change in nonconforming use and variances from maximum number of stories, minimum lot area per dwelling units, and required parking to allow for the construction of a third story and conversion of the current assembly hall to six residential condominiums at 17 North Street. (- 5. A public hearing on the above mentioned Petition was opened on June 18, 2008 pursuant to Mass General Law Ch. 40A, §§ 11. The public hearing was continued to July 16, 2008 and August 27, 2008. An amended petition was submitted 2 following the hearing on July 16. The public hearing was closed on August 27, 2008 with the following Zoning Board members present: Robin Stein (Chair), Rebecca Curran, Annie Harris, and Rick Dionne. 6. There was support for the project and requested relief at the first public hearing though several members of the public. 7. Following public comment from the public hearing on June 18, 2008, the applicant submitted an application to the Salem Historical Commission for their review. S. The applicant appeared before the Board of Appeals on July 16, 2008 with revised plans which showed an additional story and an additional unit, making the proposal a total of four(4) stories and seven (7) units. 9. The applicant submitted an amended petition (stamped by the City Clerk August 13, 2008), which requested a special permit for a change in nonconforming use and variances from maximum height (feet and stories), minimum lot area per dwelling unit, and required parking to allow for construction of a third and fourth story and the conversion of the current assembly hall to seven residential condominiums at 17 North Street. 10. At its meeting on August 27, 2008, the Board of Appeal voted four (4) in favor and none (0) opposed to grant a special permit to allow for the change in nonconforming use, and to grant the requested variances from parking and dimensional requirements to allow for the redevelopment of the site as proposed. A decision letter to this effect was issued on September 4, 2008 and was stamped by the City Clerk on that date. This decision follows the September 4, 2008 decision. 11. In a new petition dated November 26, 2008, the applicant requested a special permit for a change in nonconforming use and variances from maximum number of stories, minimum lot area per dwelling units, and required parking to allow for the construction of a third story and conversion of the current assembly hall to six residential condominiums at 17 North Street. The plans submitted with the new application showed a smaller structure with six units (instead of the previously approved seven), and six parking spaces (instead of the previously approved eight). 12. A public hearing on the new Petition was opened and closed on December 17, 2008 pursuant to Mass General Law Ch. 40A, §§ 11 with the following Zoning Board members present: Robin Stein (Chair), Annie Harris, Richard Dionne, Beth Debski, and Jimmy Tsitsinos (alternate). / 13. At the hearing, several members of the public expressed support for the new petition and stated their preference for the new plan over the one previously approved. r 3 14. On December 17, 2008, the petitioner also appeared before the Salem Historical ® Commission with the new application. 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. The change in nonconforming use to a multifamily residential use is a better fit in terms of the quality, character, and effect on the already residential neighborhood. The change is not substantially more detrimental than the existing assembly hall used for large gatherings. 2. The variances requested are not contrary to the public interest and, owing to special conditions; a literal enforcement of the provisions of the City of Salem Zoning Ordinance would result in substantial hardship, financial or otherwise. 3. There are circumstances including the size and shape of the lot and the use and condition of the existing building which especially affects the Locus but does not affect generally the zoning district in which the Locus is located. 4. The proposed redevelopment will enhance the historic neighborhood and more closely match the structure which had originally existing on the site in 1800s. The proposed redevelopment has received a great deal of support at the public hearing; therefore desirable relief may be y granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Salem Zoning Ordinance. On the basis of the above findings of fact and all evidence presented at the public hearing including, but not limited to, the Plans, Documents and testimony, the Zoning Board of Appeals concludes: 1. To allow for the change in nonconforming use, a special permit is granted. 2. To allow for the redevelopment of the site as proposed the requested variances from parking and dimensional requirements are granted. In consideration of the above, the Salem Board of Appeals voted, five (5) in favor (Debski, Stein, Harris, Tsitsinos and Dionne) and none (0) opposed, to grant petitioner's requests for a variance and special permit subject to the following terms, conditions, and safeguards: I. 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, subject to any minor changes required by the Salem Historical Commission. 4 3. All requirements of the Salem Fire Department relative to smoke and fire safety n 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. 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. 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 of 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. 10. There are to be six (6)parking spaces as shown on the plan. Robin Stein, Chair Salem Zoning 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 within 20 days of filing 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 decision bearing the certificate of the City Clerk has been filed with the Essex South Registry of Deeds. a, �&ONorr.� CITY OF SALEM, MASSACHUSETTS A � BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR SALEM. MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 rvs�' FAX: 978-740-9846 KIM13ERLEY DRISCOLL n MAYOR ~ 0 n m September 4, 2008 `T Decision > City of Salem Zoning Board of Appeals :. -F Petition of WILLIAM WHARFF requesting a special permit for a w change in nonconforming use and variances from maximum Height(feet and stories), minimum lot area per dwelling unit, and required parking to allow for construction of a third and fourth story and the conversion of the current assembly hall to seven residential condominiums at 17 NORTH STREET (R-2). A public hearing on the above Petition was opened on June 18, 2008 pursuant to Mass General Law Ch. 40A, §§ 11. The public hearing was continued to July 16, 2008 and August 27, 2008. An amended petition was submitted following the hearing on July 16. The public hearing was closed on August 27, 2008 with the following Zoning Board members present: Robin Stein (Chair), Rebecca Curran, Annie Harris, and Rick Dionne. Petitioner seeks variances pursuant to Table I and a special permit pursuant to Section 8- 6. Statements of fact: 1. Attorney Scott Grover presented the petition on behalf of the petitioner. 2. The property at 17 North Street is owned by the Beverly/Salem Elks Lodge. The owner's attorney, Philip Moran, Esq. submitted a letter authorizing the petitioner to file an application with the Board of Appeals. The petitioner, William Wharff has the property under agreement. 3. The current use of the property at 17 North Street is an assembly hall, a nonconforming use in the Residential Two Family (R-2) district. 4. In a petition dated June 3, 2008, the applicant requested a special permit for a change in nonconforming use and variances from maximum number of stories, minimum lot area per dwelling units, and required parking to allow for the construction of a third story and conversion of the current assembly hall to six residential condominiums at 17 North Street. 5. There was support for the project and requested relief at the first public hearing though several members of the Board and public, as well as representatives from Y 2 Historic Salem, Inc. thought it would be best for the project to be reviewed by the Salem Historical Commission before the Zoning Board took a vote. Several members of the public commented that they would like to see the building look more like the building which had formerly existed on the site. 6. Following public comment from the public hearing on June 18, 2008, the applicant submitted an application to the Salem Historical Commission for their review. 7. The applicant appeared before the Board of Appeals on July 16, 2008 with revised plans which showed an additional story and an additional unit, making the proposal a total of four (4) stories and seven (7) units. 8. The applicant submitted an amended petition (stamped by the City Clerk August 13, 2008), which requested a special permit for a change in nonconforming use and variances from maximum height (feet and stories), minimum lot area per dwelling unit, and required parking to allow for construction of a third and fourth story and the conversion of the current assembly hall to seven residential condominiums at 17 North Street. 9. Eleven (11) spaces would be required for the seven (7) units; eight (8) spaces are proposed, some spaces do not meet the required stall dimensions. A variance is being sought from the number of spaces required as well as stall dimensions. 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. The change in nonconforming use to a multifamily residential use is a better fit in terms of the quality, character, and effect on the already residential neighborhood. The change is not substantially more detrimental than the existing assembly hall used for large gatherings 2. The variances requested are not contrary to the public interest and, owing to special conditions; a literal enforcement of the provisions of the City of Salem Zoning Ordinance would result in substantial hardship, financial or otherwise. 3. There are circumstances including the size and shape of the lot and the use and condition of the existing building which especially affects the Locus but does not affect generally the zoning district in which the Locus is located. 4. The proposed redevelopment will enhance the historic neighborhood and more closely match the structure which had originally existing on the site in 1800s. The proposed redevelopment has received a great deal of support at the public hearing; therefore 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 Salem Zoning Ordinance. 3 ,f On the basis of the above findings of fact and all evidence presented at the public hearing including, but not limited to, the Plans, Documents and testimony, the Zoning Board of Appeals concludes: 1. To allow for the change in nonconforming use, a special permit is granted. 2. To allow for the redevelopment of the site as proposed the requested variances from parking and dimensional requirements are granted. In consideration of the above, the Salem Board of Appeals voted, four(4) in favor (Curran, Stein, Harris, and Dionne) and none(0) opposed, to grant petitioner's requests for a variance and special permit subject to the following terms, conditions, and safeguards: 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 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. 8. 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. 9. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to the Planning Board. 10. 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 of 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. 11. There are to be eight (8) parking spaces as shown on the plan. 4 6ilnv� /AL Robin St n, Chair Salem Zoning 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 within 20 days of filing 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 decision bearing the certificate of the City Clerk has been filed with the Essex South Registry of Deeds. Ilk TINTI, QUINN, GROVER & FREY, P.C. 27 CONGRESS STREET,SUITE 414 SALEM, MASSACHUSETTS 01970 - - WILLIAM J.TINTI WILLIAM B.ARDIFF(196i- 1995) tinti@rintilaw.rom TELEPHONE WILLIAM F.QUINN (978)745SO65 • (978)744-2948 MARCIA MULFORD CINI OF COUNSEL WilliamFQuinn@aol.com SCOTT M.GROVER TELECOPIER JOHN D.KEENAN (978)7453369 ur COUNAL smgrover@t i ntila w.cum www.tintilaw.mm MARC P. FREY m p f re Y C1 t i n t i l a w.c o m MARCY D.HAUBER mhauber@tintilaw.cum11� �ew� JAMES G.GILBERT jgilbert@tintilaw.com JUN 0 3 f June 3, 2008 COMDEPT OFPLANNMUJ4I7YOIEvEL�MENT Amy Lash City of Salem Zoning Board of Appeals 120 Washington Street w c Salem, MA 01970 n a F Re: 17 North Street, Salem, Massachusetts r N Dear Amy: 0 Please withdraw the original Petition filed with the Zoning Board of Appeals on May 28, 2008 and replace it with the Amended Petition which is enclosed. Very tru yours, i ro er SMG/dlg Enclosures ZONING BOARD OF APPEAL PETITION FORM CM' OFSALEM, %L\SSACI-1USF-1TS ZONING BOARD OF APPEAL LOA A,HINGIUN till-FT,31il) FLOUR w7 SALEM, MASSACI IUSE.'ITS Ot9,0 P, 1lSPCCt11r \my Lash,Staff Planner 1,110mils Sr Pierre,Bilildilli2, -5685/f.978 -0404 '9846 9,8-619 -740 978-6[9-3641/!C�9 8-740 to co M -0 'M TO THE BOARD OF APPEAL: The Undersigned represent that lie/she is/arc the owners of a certain parcel of land located at: D> Ln O. Address: 17 North Street Zoning District: R-2 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: lain proposing to construct a 10'x 10'one star):addition to my home located at 3Salem 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 oftin, rear Yard is 32 feet;the proposed addition would reduce the depth of the rear yard to 22 feet. See attached Statement of Grounds For this reason I am requesting: Variance(s)from provisions of Section of the Zoning Ordinance,specifically from (i.e. inininnon depth of rear yard). What is allowed is (ft?sq ft?stories? %?), and what I am proposing is (ft?.sq ft?stories? %9). (x)A Special Permit under Section 8-6 of the Zoning Ordinance in order to Appeal of the Decision of the Building Inspector(described below): The Current Use of the Property Is: Are the lot dimensions included on the plan'? (evaniple Two Family llonie) Assembly Hall (X) Ycs ( )Non/abecause The Undersigned hereby petitions the Board of Appeal 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. ZONING BOARD OF APPEAL PETITION FORM The following written statement has been submitted with this application: ( ) 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. ( ) Por 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 Art. V, § 5-3. 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 fJ Potential fiscal impact, including impact on City tax base and employment. Previous applications to the Board of Appeals involving this property have been submitted with this petition form. The Building Commissioner can provide documentation ojprevious applications to the petitioner or his representative. If different than petitioner: Beverly Salem Massachusetts Lodge Petitioner: William Wharf Property Owner: of the B.P.O.E. Address: 1 parol Way No 404 Address: 39 Bow Street Beverly, MA 01915 Salem, MA 01970 97g_g27-3331 Te ephone: — — Telephone: ddddGL- Signature A, Signature(Attached consent letter is also acceptable) May 27, 2008 May 27, 2008 Date Date If different than petitioner: A TRUE Representative: Scott M. Grover, Esquire ATTEST Address: 27 Congress Street, Salem, MA 01970 Telepho — — r re May 27 2008 Date DATE SUBMITTED TO BOARD OF APPEALS: CITY CLERK Tlii.r originalapplication nnrxt he fled with the Ci(y Clerk. Y STATEMENT OF GROUNDS 17 NORTH STREET The Petitioner is proposing to convert the property at 17 North Street from its present use as an assembly hall to six residential condominium units. The renovation will involve the addition of a third story to the building (replacing a story that was destroyed by fire several decades ago) and the reconstruction of additions that were made to the rear of the building over time. The Units will range in size from approximately 1,000 s.f. to 1,300 s.f. There will be eight off-street parking spaces provided for occupants of the building. The property is located in the R-2 zoning district, however, the use of the building as an assembly hall and the structure itself are legally non-conforming pursuant to Article VIII, Sec. 8-1 (a). Although the present owner, the Beverly/Salem Elks Lodge, no longer conducts regular meetings at the property, it does continue to actively use the property for purposes relating to its organizational mission. The Petitioner's proposal constitutes a change in the nonconforming use and structure which can only be accomplished with a Special Permit issued by the Board of Appeals pursuant to Article VIII Section 8-6. The Board may grant such a Special Permit upon a finding that the proposed changes will not be substantially detrimental to the public good and will not nullify or substantially derogate from the intent and purpose of the Zoning Ordinance. In this particular instance, although the property is located in an R-2 zoning district, it is surrounded by commercial and multifamily uses. The conversion of the building from the very intense use as an assembly hall to owner occupied housing with on-site parking will substantially lessen the impact that the use of this property has on the surrounding neighborhood in terms of demands on street parking, traffic, congestion and noise. Since the multifamily use is entirely consistent and harmonious with the other uses in the area, the change to such a use will not derogate at all from the intent and purpose of the Ordinance. The Petitioner's proposal is a valuable opportunity to restore a now derelict structure to its former grandeur and to replace a less desirable use with one that is compatible with other properties in the neighborhood. In addition, the property will be converted from non-profit use that does not generate tax revenue to a use that will significantly contribute to the City's tax base. 05/26/2008 23: 02 9767412572 PHILIP D MORAN ESQ PAGE 02 ' s LAW OFFICES OF PHILIP D. MORAN, P.C. ATTORNEY AND COUNSELLOR AT LAW 265 ESSEX STREET• SUITE 202 SALEM,MASSACHUSETTS 01970 (978)745-6085 Fax(978)741-2572 Morn email:phlllpmoranesq®aol.com PHILIP 0.MORAN May 27, 2008 Scott M. Grover, Esq. Tinti, Quinn, Grover & Frey, P.C. 27 Congress Street Salem, MA 01970 RE: 17 North Street, Salem, MA Dear Scott: As attorney for Beverly/Salem Massachusetts Lodge No. 1309 of the BPOE. I authorize you, as attorney for William J. Wharff of Salem, Massachusetts, to file an application with the City of Salem Zoning Board of Appeals, Planning Board and Historical Commission to convert the premises at 17 North Street, Salem, from its present use as the Elks Lodge to six (G) residential units. If you or any member of the above Boards or Commission have any questions, please fell free to call. Very truly yours, Philip D. Moran,Esq. cc: John Hamilton, Esq. Russell Rideout, Trustee George Fallon EPED ARcy�rF r� DAVID F. JAQUITH No.2853 Beverly, MA i C G C (JDavid F. 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