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` CITY OF SALEM, MASSACHUSETTS
.'J w BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA 01970
TEL. (978) 745.9595
FAX (978) 740-9848 ... c'3
STANLEY J. USOVIC2, JR. Ay
MAYOR ` �`-
r= r.�
CID N �CA
D
DECISION ON THE PETITION OF SALEM POINT RENTAL PROPERTIES LLC D
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 50 PALMER
STREET B-13
La I 9
W
A hearing on this petition was held on July 14,2004 with the following Board Members
present;Nina Cohen Chairman, Bonnie Belair, Stephen Harris,Joseph Barbeau and
Edward Moriarty. Notice of the hearing was sent to abutters and others and notices of the
hearing were properly published in the Salem Evening News in accordance with
Massachusetts General Laws Chapter 40A.
The petitioner is requesting Variances from lot coverage, side, rear and front setbacks,
building height and parking for 15 cars to construct 15 units for the property at 50 Palmer
Street located in a B-1 zone.
The Variances,which have been requested, may be granted upon a finding by this 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 structures 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 the 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 plane,makes the following findings of fact:
1. Petitioner Salem Point Rental Properties Corporation, a non-profit Massachusetts
Corporation, seeks variances to allow construction upon a lot of vacant land at 50
Palmer Street containing about 15, 228 square feet, said construction to consist of
a three-story townhouse style structure which will contain fifteen units of
affordable housing, consisting of six three-story units each of which will contain
both an affordable owner-occupied dwelling on the second and third floors and an
affordable rental apartment on the first floor, and three affordable owner occupied
flats with one of each of the first, second and third floors,and the associated
landscaping and on-site parking spaces for fifteen cars as depicted in the plans.
These improvements are more specifically laid out as shown on the 3 page of
R
DECISION OF THE PETITION SALEM POINT RENTAL PROPERTIES LLC
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 50 PALMER
STREET B-1
page two
building and site plans for"50 Palmer Street"prepared by Luna Design Group for g e'
CD
Salem Harbor Community Development Group, dated May, 2004, as filed with The_
Board of Appeals,Petitioners presentation was made by Attorney William Quinn,
Executive Director of Salem Harbor CDC James Haskell and project Architect, Joh
Luna of Luna Design Group.
_ � I
2. To construct the development,the petitioner has requested variances from the
provisions of the zoning ordinance applicable in the B-I Zone,as follows: lot w �m
coverage to exceed 40%, front yard setback less than 15 feet, side yard width less
than 10 feet,rear yard width less than 30 feet,building height over 30 feet and
parking for 15 cars shown on the plans rather than the larger number and space
sizes required by the Zoning Ordinance, all as shown and specified on the plans
submitted. Petitioner argues that the ground justifying the variances area
combination of factors unique to the land, as well as economic, as follows:the
small size of the lot and the fact that it is surrounded on three sides by public
streets constitutes physical impediments that prevent the lot from being developed
in any meaningful and economically feasible way in conformity with the setback
requirements of the Zoning Bylaw: further,the size and density of residential uses
in the buildings in the immediate area, combined with the modest economic
means of area residents, are physical and economic factors that make it unfeasible
to build a conforming structure on the land,and constitute a hardship to the owner
that justifies the granting of the variances for this development.
3. Petitioner advocated the project as providing 15 units of affordable housing,
including nine units for owner-occupancy,which is badly needed in the
neighborhood and the City. Petitioner will conduct a lottery under the supervision
of the Salem Planning Department, and/or other governmental officials as
program regulation or financing may require,to designate the purchases of the
owner-occupied units,with the intent of providing preference to Salem residents
for at least 70%of the units to be sold. The affordability of all 15 units is to be
assured for a period of fifty(50)years from the date of this decision by the
incorporation of Affordable Housing Restrictions approved by the City of Salem
Planning Department.
4. Several residents and municipal officials, including Ward 1 Councilor Lucy
Corchado and Councilor At- Large Joan Lovely, spoke in favor of the proposal.
Letters of support by neighbors, including one by the immediate abutter, were
filed with the Board. Two neighborhood owners stated concerns about the
adequacy of the on-site parking, and the applicant provided additional information
in response to the concern that was satisfactory to the Board. No one spoke or
communicated to the Board in opposition to the petition.
r
DECISION ON THE PETITION OF SALEM POINT RENTAL PROPERTIES LLC
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 50 PALMER
STREET B-1 N
page three m
D ,
5. The Board found that the proposal as designed was the product more than a year 9 ckv
N
work by the applicant to identify and obtain feedback on affordable housing needs
from community advocates and residents,plan development with the City of Salem
Planning Department, and review by the City of Salem Design Review Board. The
applicant will also go through the site plan approval process with the City of Salem
Planning Board, and will be subject to affordable housing requirements imposed with
governmental grants and/or financing for the development.
On the basis of the above findings of fact, and on, the evidence presented at the hearing,
the Zoning Board of Appeal concludes as follows:
1. Special conditions exist when especially affect the subject property but not he
District.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
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.
Therefore,the Zoning Board of Appeal voted 5 in favor and 0 in opposition to grant the
Variances requested, subject to the following conditions:
1. Petitioner shall comply with all city and state stature, ordinance, 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.
DECISION OF THE PETITION OF SALEM HARBOR RENTAL PROPERTIES LLC
REQUESTING A VARIANCE FOR THE PROPETY LOCATED AT 50 PALMER
STREET B-1
a
page four e
r
5. Petitioner shall obtain approval from any City Board of Commission having F o
jurisdiction, including,but not limited to the Planning Board. m aim
6. Petitioner shall obtain a Certificate of Occupancy. D
4 �;g
7. The Petitioner shall adopt and incorporate into the ownership documents for al1N
dwelling units of the project such as Affordable Housing Restrictions as are w
approved by the City of Salem Planning Department,whether acting for itself, or
as the designee of any other governmental agency or department, including the
United States Department of Urban Housing and Development and/or the North
Shore Home Consortium, as will assure that all fifteen(15) dwelling units of the
project will be retained as affordable housing by low and very low income
individuals and families for a period of fifty (50)years from the date of this
decision.
Variance Granted _
July 14, 2004
Nina Cohen
Board of Appeal C�C
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 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
TINTI, QUINN, GROVER & FREY, P.C.
222 ESSEX STREET
SALEM,MASSACHUSETTS 01970-3705
WILLIAM J.TINTI TELEPHONE WILLIAM B.ARDIFF(1965. 1995)
tinti®tintilaw.com (978)745-8065 • (978)7442948
MARCIA MULFORD CINI
WILLIAM F.QUINN OF COUNSEL
WilliamFQuinn®aol.com TELECOPIER
SCOTT M.GROVER w. 745-3369
www.tin[ilaw.com
amgrover®tintilaw.com
MARC P.FREY
mpfrey®tintilaw.com
4/13/2005
Chair and Members
City of Salem Board of Appeals
120 Washington Street
Salem, MA 01970
RE: 50 Palmer Street, Salem, MA
Dear Chair and Members:
I represent Salem Point Rental Properties Corporation. On July 14, 2004 your
Board granted my client a variance decision allowing the development of its 50 Palmer
Street site for 15 units of community housing with associated parking. This decision was
filed with the Salem City Clerk on July 28, 2004, and will expire on July 13, 2005, being
one year from the date of the Board's original vote.
This letter is to request that your Board vote to administratively extend the
variance for an additional six months from it's recording with the City Clerk, which
would be until January 27, 2006.
As you know, my client is a non-profit corporation affiliated with Salem Harbor
Community Development Corporation, which seeks to develop this badly needed housing
with the assistance of housing funds from the Massachusetts Department of Housing and
Community Development (DHCD). Unfortunately, there have been some delays due to
the current unavailability of state housing funds for any new affordable housing
initiatives, and it is necessary to request the extension. DCHD has been very supportive
of the 50 Palmer Street initiative, and my client will continue to complete
predevelopment activities so that it is ready to begin construction as soon as the state
funding is available.
I have attached a copy of the original variance decision, as well as a copy of
M.G.L. Ch. 40 A Sec. 10, which allows your Board to grant such extension
administratively as long as it is granted before the July 13, 2005 expiration date.
Page 2 City of Salem Board of Appeals
Please advise me if the Board could consider this as"Old Business" at its May
meeting, or it needs to be scheduled for the Board's June meeting.
Very truly yours,
William F. Qui n
Copy: Madeline Nash/Salem Harbor CDC
I
CITY OF SALEM9 MASSACHUSETTS
BOARD OF APPEAL
ETA
120 WASHINGTON STREET, 3RD FLOOR _ Q
SALEM, MASSACHUSETTS 01970 V
STANLEY J. LISOVICZ, JR. TELEPHONE: 978-745-9595 LC fnn(-I-
MAYOR FAX: 978-740-9846 r (-I-
MAYOR
N
CID
D
DECISION ON THE PETITION OF SALEM POINT RENTAL PROPERTIES LLC i*
REQUESTING A VARIANCE FOR,THE PROPERTY LOCATED AT 50 PALMER"
STREET B-1
A hearing on this petition was held on July 14,2004 with the following Board Members
present,Nina Cohen Chairman, Bonnie Belair, Stephen Harris,Joseph Barbesu and
Edward Moriarty. Notice of the hearing was sent to abutters and others and notices of the
hearing were properly published in the Salem Evening News in accordance with
Massachusetts General Laws Chapter 40A.
The petitioner is requesting Variances from lot coverage,side,rear and front setbacks,
building height and parking for 15 cars to construct 15 units for the property at 50 Palmer
Street located in a B-1 zone.
The Variances,which have been requested,may be granted upon a finding by this Board
that:
a. Special conditions and circumstances exist which especially affect the land,
building or stricture involved and which are not generally affecting other lands,
buildings and structures 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 the 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 plane,makes the follow:sg•idings of fact:
1. Petitioner Salem Point Rental Properties Corporation,a non-profit Massachusetts
Corporation, seeks variances to allow construction upona.lot of vaeant.land at.50
Palmer Street containing about 15,228 square feet, said construction to consist of
a three-story townhouse style structure which will contain fifteen units of
affordable hosing,consisting of six three-story amof units each winch will contain
both an affordable owner-occupied dwelling on the second and third floors and an
affordable rental apartment on the first floor,and three affordable owner occupied
flats with one of each of the first,second and third floors,and the associated
landscaping and on-site parking spaces for fifteen cars as depicted in the plans.
These improvements are more specifically laid out as shown on the 3 page of
DECISION OF TILE PETITION SALEM POINT RENTAL PROPERTIES LLC
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 50 PALMER
STREET B-1
page two — c�
building and site plans for"50 Palmer Street"prepared by Luna Design Group for=
Salem Harbor Community Development Group,dated May,2004,as filed with T�j
Board of Appeals,Petitioners presentation was made by Attorney William Quinn *
Executive Director of Salem Harbor CDC James Haskell and project Architect,Jog>
Luna of Luna Design Group.
2. To construct the development, the petitioner has requested variances from the N
provisions of the zoning ordinance applicable in the B-1 Zone,as follows: lot
coverage to exceed 40%, front yard setback less than 15 feet,side yard width less
than 10 feet,rear yard width les' than 30 feet,building height over 30 feet and
parking for 15 cars shown on the plans rather than the larger number and space
sizes required by the Zoning Ordinance, all as shown and specified on the plans
submitted. Petitioner argues that the ground justifying the variances are a
combination of factors unique to the land,as well as economic,as follows:the
small size of the lot and the fact that it is surrounded on three sides by public
streets constitutes physical impediments that prevent the lot from being developed
in any meaningful and economically feasible way in conformity with the setback
requirements of the Zoning Bylaw: further,the size and density of residential uses
in the buildings in the immediate area, combined with the modest economic
means of area residents, are physical and economic factors that make it unfeasible
to build a conforming structure on the]and, and constitute a hardship to the owner
that justifies the granting of the variances for this development.
3. Petitioner advocated the project as providing 15 units of affordable housing,
including nine units for owner-occupancy,which is badly needed in the
neighborhood and the City. Petitioner will conduct a lottery under the supervision
of the Salem Planning Department,and/or other governmental officials as
Program regulation or financing may require,to designate the purchases of the
owner-occupied units,with the intent of providing Preference to Salem residents
for at least 70%of the units to be sold. The affordability of all 15 units is to be
assured for a period of fifty(50)years from the date of this decision by the
incorporation of Affordable Housing Restrictions approved by the City of Salem
Planning Department.
4. Several residents and municipal officials,including Ward 1 Councilor Lucy
Corchad0 and Councilor At- Large Joan Lovely,spoke in favor of the proposal.
Letters of support by neighbors, including one by the immediate abutter,were
filed with the Board. Two neighborhood owners stated concerns about the
adequacy of the on-site parking, and the applicant provided additional information
in response to the concern that was satisfactory to the Board No one spoke or
communicated to the Board in opposition to the petition.
DECISION ON THE PETITION OF SALEM POINT RENTAL PROPERTIES LLC
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 50 P -.
STREET B-1 m
page three
D TA
S. The Board found that the proposal as designed was the product more than a year'O.. MU
work by the applicant to identify and obtain feedback on affordable housing needs
N A
.from community advocates and residents,plan development with the City of Salem �Q
Planning Department, and review by the City of Salem Design Review Board The
applicant will also go through the site plan approval process with the City of Salem
Planning Board,and will be subject to affordable housing requirements imposed with
governmental grants and/or financing for the development.
On the basis of the above findings of fact,and on,the evidence presented at the hearing,
the Zoning Board of Appeal concludes as follows:
1. Special conditions exist when especially affect the subject property but not he
District.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
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.
Therefore,the Zoning Board of Appeal voted 5 in favor and 0 in opposition to grant the
Variances requested, subject to the following conditions:
1. Petitioner shall comply with all city and state stature, ordinance,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.
DECISION OF THE PETITION OF SALEM HARBOR RENTAL PROPERTIES LLC
REQUESTING A VARIANCE FOR THE PROPETY LOCATED AT 50 PALMER
STREET B-1
page four a'
5. Petitioner shall obtain approval from any City Board of Commission having
jurisdiction,including,but not limited to the Planning Board. co
6. Petitioner shall obtain a Certificate of Occupancy. D
7. The Petitioner shall adopt and incorporate into the ownership documents for aN
dwelling units of the project such as Affordable Housing Restrictions as are
approved by the City of Salem Planning Department,whether acting for itself, or
as the designee of any other governmental agency or department,including the
United States Department of Urban Housing and Development and/or the North
Shore Home Consortium,as will assure that all fifteen(15)dwelling units of the
project will be retained as affordable housing by low and very low income
individuals and families for a period of fifty(50)years from the date of this
decision.
Variance Granted
July 14,2004
rna Cohen
Board of Appeal`V J
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 tiled within 20 days 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.
ESSEn .
r.'GISTRY DISTRICT Board of Appeal . Date AUG 17 2004
JOHI !..Q a ' ,,A OF DEEDS
I hereby certify that 20 days have expired
from the date this instrument was received.
DATE and that NO APPEAL has been filed in this
office.
RECEIVED O'CLOCK NI:
BK PG ATrue Copy
ATTEST:_CITY C RK, Salem, Masa.
ZONING 40A 110
not more than one hundred and ten per cent of the median family income of
the commonwealth.
Added by St.Mo. c. 521, 113.
HbWrkW and Statutory Notes
St.1990, c. 521. 13. was approved Jen. 2. used in sections two and times of this as and
1991. the term 'cid" Mad towns' as used in section
Section 9 of SLIM, c. 521,provides: five of this act Aa include every city and town
"Notwithwnding any general or specW law of the coromonweahh."
to the contrary, the term 'any city or town' as
§ 10. variances
The permit granting authority shall have the power after public hearing for
which notice has been given by publication and posting as provided in section
eleven and by mailing.to all parties in interest to great upon appeal or upon
petition with respect to particular land or structures a variance from the terms
of the applicable zoning ordinance or by-law where such permit granting
authority specifically finds that owing to circumstances relating to the soil
conditions, shape, or topography of such land or structures and especially
affecting such land or structures but not affecting generally the zoning district
in which it is located,a literal enforcement of the provisions of the ordinance or
by-law would involve substantial hardship, financial or otherwise, to the peti-
tioner or appellant, and that desirable relief may be granted without substantial
detriment to the public good and without nullifying or substantially derogating
from the intent or purpose of such ordinance or by-law. Except where local
ordinances or by-laws shall expressly permit variances for use,no variance may
authorize a use or activity not otherwise permitted in the district in which the
land or structure is located; provided however, that such variances properly
granted prior to January first, nineteen hundred and seventy-six but limited in
time, may be extended on the same terms and conditions that were in effect for
such variance upon said effective date.
The permit granting authority may impose conditions, safeguards and limita-
tions both of time and of use, including the continued existence of any
particular structures but excluding any condition, safeguards or limitation
based upon the continued ownership of the land or structures to which the
variance pertains by the applicant, petitioner or any owner.
If the rights authorized by a variance are not exercised within one year of the
date of grant of such variance such rights shall lapse; provided, however, that
the permit airaritinit suthoriin its discretion and u n written a lication by
the grantee o such is may extenda time r exertise ot such is for a
period not to exceed six months; an roTurater, that the application for
such on a permit grant MUM ority prior to the expira-
tio of such one ar ori a permit granting authority does not grant
such extension within thirty of the date of application therefor, and upon
the expiration of the ori one year od, such rights may be reestab
only after notice and anew pursuant to the provisions o ssit� ectiom
Added by St. , C. 805, 9 3. AmendedWFW7, c. 829, § 4B; St.1984, c. 195.
165 q
Salem
Harbor
COMMUNITY DEVELOPMENT CORPORATION
r
102 Lafayette Street, Salem, Massachusetts 01970 Telephone: (978)745-8071 • Fax: (978)745-4345
May 17, 2005
Ms. Nina Cohen
Chairwoman, Zoning Board of Appeals
120 Washington St.
Salem, MA 01970
RE, 50 Palmer St. Affordable Homeownership Initiative
Dear Ms. Cohen:
On July 14, 2004, the Salem Zoning Board of Appeals kindly granted a variance for the
proposed affordable housing development located at 50 Palmer Street. It is my
understanding that the variance is effective for one year and that it will expire if a
building permit has not been obtained prior to the expiration of twelve months, unless an
extension is approved by the Zoning Board of Appeals. The Salem Harbor Community
Development Corporation hereby requests an extension to the variance for the following
reason:
The proposed development involves 15 newly constructed housing units, all of which
will comply with the Commonwealth's definition of"affffordable housing'.The financing for
the project depends on the receipt of affordable housing development subsidies from the
Massachusetts Department of Housing and Community Development (DHCD). While the
program representatives at DHCD have expressed support for SHCDCs funding request
for the 50 Palmer Street initiative, state funds are not available at this time for formal
commitment due to current funding and administrative constraints.
Salem Harbor CDC has been informed by DHCD that it is likely that a funding
commitment will be made within the next few weeks, but until that time we are unable to
proceed with putting the construction work out to bid, selecting a contractor, and closing
on our various sources of construction financing. We have revised our development
schedule to respond to the delay in a funding commitment from the Commonwealth, and
anticipate the following schedule:
June 30, 2005 Funding commitment from DHCD
September, 2005 Construction documents finalized and work out to bid
October, 2005 Contractor selected
November, 2005 Construction start(demolition of restaurant building)
November, 2006 Construction complete
THIS AGENCY SUPPORTED BY
UnitedWay
a
While this scenario is not ideal due to likely weather conditions, we believe it is feasible,
especially as we expect that a significant portion of the work will be modular
construction. An extension of the variance will allow us to continue to proceed with our
pre-construction activities and to begin construction as soon as possible.
Salem Harbor CDC is very excited about the 50 Palmer Street initiative as it will provide
fifteen units of well designed affordable housing, with nine units for first time
homebuyers and six rental units. The new housing will replace a neglected commercial
property and help to stabilize the surrounding neighborhood.
Please let me know if I can provide the Zoning Board of Appeals with any further
information, and thank you for your understanding in this matter.
Sincere] ,
J ies . s
E ecutiv Direc or