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6 & 8-10 RIVER STREET - ZBA 6 & 8-10 River St. (R-2) ' ' RoberLRea . Bramble -- Allynlty Trust V 1 1 - r: �zt of SaJEm, �fflassar4 fiivtt� ultra of (t Vyeal '83 NJUV° 30 P3 :21 DECISION ON THE PETITION OF ROBERT C. BRAMBLE FOR WiV:,E1�'l�NCE_: E151-!C SPECIAL PERMIT FOR 6-8-10 RIVER STREET, SALEM A hearing on this petition was held on Wednesday, November 16, 1983 with the following Board Members present: James Hacker, Chairman; Messrs., Charnas, Hopper and Piemonte. Notices of the hearing were 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. Petitioner seeks a Special Permit to allow him to .convert an existing two family dwelling to a two unit condominium and a Special Permit to .allow him to re-sub- divide Lots B, C and D into two lots as shown on a plan submitted to the Board._ Petitioner also requests a Variance from side line requirements adjacent to said condominium, as shown on said plan. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section V B 10, which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Section VIII F and IX D, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension of expansion of nonconforming lots, land, structures, and uses, provided, however,, that such change, extension, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use tot he neighborhood. In more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. This proposed condominium conversion is covered by the terms of the City's Condominium Conversion Ordinance. The Special Permit that has been requested may therefore only be granted upon a finding by the Board of Appeal that (1 ) the grant of the Special Permit will not adversely impact upon the City's " existing stock of rental units for low and moderate income families and elderly people on fixed incomes; (2) that the grant of the Special Permit is not con- trary to the City's Master Plan, and (3) the grant of the Special Permit will not have an adverse effect on the neighborhood. The Variance which has been requested may be granted upon a finding of the 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 -in the`same district; b. Literal enforcement of the provisions of the Zoning Ordinance would in_ volve substantial hardship, financial or otherwise, to the petitioner; an VARIANCE AND SPECIAL PERMITS FOR- 6-8-10 OR6-8-10 RIVER ST. 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 purposes of the Ordinance. The Board of Appeal, after hearing the evidence at the hearing and after viewing the plans, makes the following findings of fact: 1 . Neighborhood opposition to petitioner's plan was based principally on the assumption that petitioner's plan would exacerbate the parking problem in the neighborhood; 2. There was insufficient evidence to show that petitioner's plan would substantially affect the parking problem in the neighborhood; 3. The premises is vacant; 4. The plan is compatible with the Master Plan of the City of Salem; c 5• The plan would have no detrimental impact on the neighborhood or on the existing stock of rental units for low and moderate income families a - or for elderly people on fixed incomes; The vacancy of the premises was not created in any manner as to cause a r a hardship on any tenants; 7. If petitioner cannot create a two unit condominium because of his failure c� to meet side line requirements by one foot, then no economically feasible use of the property can be made. On the basis of the above findings of fact, and on the evidence,presented at the hearing, the Board of Appeal concludes as follows; 1 . Special conditions affect this lot which do not generally affect the district; - 2. Literal enforcement of the Zoning Ordinance would work a substantial `hardship upon the petitioner; 3. The Variance and Special Permits requested can be granted without substantial detriment to the public good, and without substantially derogating from the intent and purpose of the Zoning Ordinance; 4. The granting of the Special Permits will promote the health, safety, convenience and welfare of the City's inhabitants_ Therefore, the Board of Appeal voted unanimously to grant the variance and special permits referred to above. SH'cLC C' ..ADE P9^SUA T TO ScO71"I 17 CF T 31,3. r N:: _ _ :S 20 DAV& Aiv ER TH% DATE 0° .. - ..i i'l.••i'ri .E; Ci T'HE CITY CLF;Li. S01 -.C•.Ia711 TAE V..t .. ..- ' . � s RG✓ V;14IL A- 0Pf Of THE7tEUSIK., `_. ., .. r n. .i i'i CL.?. irAT 20 Qiir F, hHr_ _Lra_o ". .. .. .. .Gi A'! APPEAL FAS EE'_`! P:LE. THA: IT HAS BEEN C!S"SSrot4:3E:.;;„Cha"nas, Acting Secretary C7:' !'i 7NE Sd'JTH ESSEX I;eGISTR4 Gr CEEDS AND INDEXED 8?DER THE .1:...:E OF :.._ .. ._.. GR IS RECORDED AND NOTED ON THE OWiiER'S CERTIA:ATE CF TIRE. BOARD OF APPEAL - A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND CITY CLERK 13 o � O Now oi4 FuRrE'.e[ � G��/-✓h'f to Lar 43 3 o sem. FT. 04e N 2 98. 0 � Lor c Lor p Gor B Z7SoTSF 270Or S.F. 2.o2S-fSF m fO •�WE�ciwE I In rsr J DGI/CL C- tn 'yo i/O N Q � 3. 2.8 1 c 9 C itv Of 'Salem' assarhsetts girt Bepartmeest Pa3yuarYers 48 T4afagette ,ifrrd 'James g_'prnman REC�Eo (gh`9f CITY OF SAL�k3 14AsS gn1em, L119711 Date: November 16, 1983 Salem Board of Appeal Re: Allyn Realty Trust City of Salem, Massachusetts Robert Bramble, Trustee One Salem Green 6/8/10 River Street, Salem Salem, Ma. 01970 Hearing Date: 1116183 Sirs: As a result of notice . received concerning the Board of Appeal hearing for the above listed name and address, the Salem Fire Department, requests the following items to be placed on record. 1. The two family structure on Lot B has been demolished as of this date, and presents no objection for construction of a new two . family structure on the vacant lot. However, we request adequate off street parking be provided on the proposed site. 2. All conditions of the Mass. State Building Code and the Salem Fire Code shall apply to construction of the new structure. 3 . The Variance and/or Special Permit for conversion of the existing structure into two condominium units, doe's not present any problems to the Salem Fire Department at this date. All . conditions applicable to condominium sale and use & occupancy shall apply. ` x s' Respectfully submitted,, Captain David J. Goggin 1 cc: Building Inspector Salem Fire P+Iarshal file Form m 105 BOARD OF APPEA SEP ZZ 3 53 PM ' salerw'n-' ical Commission CITY HALL, SALEM. MASS. 01970 September 22, 1983 Mr. James Hacker, Chairman Board of Appeals One Salem Green Salem, MA 01970 Dear Mr. Hacker: At our meeting of August 2, the Salem Historical Commission reviewed preliminary plans for demolition, restoration, and reconstruction at 6, 8, 10 River Street, Salem, property of Allyn Realty Trust, Robert C. Bramble, Trustee. The Commission was most enthusiastic about the plans as presented and the overall impact that the project will have on the historic character of River Street. It is appropriate in an urban neighborhood of this period and density to locate the buildings directly adjacent to. the sidewalk and in close proximity to each other and for that reason we would urge issuance of the special permit exempting normal side lot and set back requirements. Any other placement of the building on the lot would, in fact, impact negatively on the continuity and architectural cohesiveness of this fragile architectural environment. Very truly yours, Elizabeth B. 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