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118 WASHINGTON STREET - ZBA 118 Washington St. B-5 China Square Partnership J l 4 s CITY OF SALEM MASSACFUJSETTS 91970 From The Office Of April 9, ASSESSORS19 Brenda: 4 Barton Square, 247 Essex St. & 118-128 Washington St. are all assessed 118 Washington St. , Map 35 Lot 4. pms rr k�\11 w look a VA Y _ 1�y a, 0.� ;� _,. z � tr .� .� .=� ; _ '� ± ai _ - � ., �- ,: ; - . .. % .� -, . T .� K .� x ♦ . � �. .. ,& .4 0 ME Imams`_ � M� �r 1 f� � e d '� FI r . x � ♦ r* T �� �� n( aw Tn. 1 rr. Waq ..r w y.. 1 � _a V_ �t , :� � � L '4 . +'+, .r rt :� "i =1 � , -� .� .-. i .i � � _. *._ < -' ('gi#u of ttlem, ttsstttlju$e##s '3 Paxrb of A"vd DECISION ON THE PETITION OF CHINA SQUARE PARTNERSHIP FOR VARIANCES FOR 118 WASHINGTON ST. , SALEM A hearing on this petition was held May 21 , 198JAtig th2 Board Members present: James Hacker, Chairman; Messr , Fleming.,Lu Strout and Associate Member Dore. Notice of the heari s sent to abutters and others and notices of the hearing were properlycii�blished in the Salem Evening News in accordance with Massachusetts General Law &eeter!4A*Ass. Petitioner, owner of the property has requested variances from all applicable density requirements and from minimum parking requirements to allow rehabilitation of the property known as the Peabody Block and the Post Office Building and to construct a new building to provide seventy five (75) condominium units and approximately 12,000 square feet of office space in this B-5 district. 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 involve substantial hardship, financial or otherwise, to the petitioner; 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. 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.. -No opposition; 2. Salem Redevelopment Authority was in favor; 3. The Salem Planning Department was in favor; 4. Petitioner submitted detailed plans to improve the area including the addition of ninety (90) parking spaces at considerable expense to himself; 5. Proposed building would be a marked improvement to the area and the downtown in general. One the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1 . Special conditions exist which affect the property in question but do not especially affect the district in general; 2. Literal enforcement of the provisions of the Zoning Ordinance would work a substantial hardship on the petitioner; DECISION ON THE PETITION OF CHINA SQUARE PARTNERSHIP FOR VARIANCES FOR 118 WASHINGTON ST. , SALEM page two 3. The relief requested 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 unanimously, 5-0, to grant the variances requested from Table III, B-5 density, paragraphs 2, 4, 5, 7, 9, 10, and variance from parking requirements and to allow construction of ninety (90) parking spaces with a minimum area of 815" x 18' The above Variances are granted under the following terms and conditions: 1 . Ninety (90) parking spaces be deeded in connection with ownership of the residential development; { 2. Developer work with the Building Inspector to protect the present tenants and not impede unreasonably with businesses that presently exist at the location; 3. Developer meet all requirements of fire and building code and any other City Ordinances and Codes; 4. Site Review and Design Review of the entire development and any other applicable City Board and Commissions; 5. A Certificate of Occupancy be obtained for the entire project, . - - both residential and commercial. VARIANCES GRANTED Peter Strout, Member Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK N 17 OF AF EAL FROM. THIS DECISION. IF ANY. SHALL BFILED %%i,Hw;20yDA S AFTERT TO SECTIO'THE DATE HOf(FILING G''ERAL LAWS, CHA I " SO£, AND SHALL DE NEE nR SPECIAL P`R'SIT OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. THE VA5!.AA_E _ P:. 11 c :;i!. ;r1E I- P_'ISANT TO !AASS. CE'IEFA` Lit,c EFFC:IECT R £ IL A CQPI OF TK E=IPI= n. £HA; BEE; F1'ED cpN ED HERE!'. SH. 11 h , , 0 ' iuFATICt. OF IHT ,.EP,: ',htl 2� U,';S WAV _ BE_;d D;S, YD CR L .':!ED IS :k THAT. IF Su�1 A;. APPEAL HAS K FI19 dA, IT E ORDS RECORDHE S SOUTHRECORESSEXTRN OF ON I HEEOWNER'SDS AND I CERTIFICATE OF TITLE�Ar,E OF THE O:l::E BOARD OF APPEAL _ le REQUESTED VARIANCES FOR CHINA SQUARE CONDOMINIUMS The following is a list of the variances being sought by the China Square Realty Trust in connection with the development of the property bounded by Washington and Essex Streets and Barton Square. The numbers in parentheses refer to the numbers contained in Table III, B-5 Density Regulations on Page 42 of the Zoning Regulation. 1. Paragraph (2) This Paragraph imposes a minimum lot area of 500 square feet per dwelling unit in new construction. The rear building being proposed at this location is new construction; the developers have proposed that that building contain .39 dwelling units. Under the Regulation, these 39 dwelling units would require a total of 19,500 square feet. As the land related to the rear building has a footprint of only 12,819 square feet, the developers seek a variance that would permit the construction of a maximum of 40 dwelling units in this building. 2. Paragraph (4) This Paragraph permits a maximum lot coverage on new construction of only 50%. The rear building being proposed would have a lot coverage of 61%. The developers accordingly seek a variance that would permit 61% coverage on the rear lot. 3. Paragraph (5) This Paragraph requires a minimum side yard width of five feet in new construction. As the rear building will have zero side yard, the developers seek a variance that would waive the 5 foot side yard requirement. 4. Paragraph (7) This Paragraph permits a maximum of six stories on new construction in a B-5 Zone. While the developers do not propose to exceed the 70 foot height restrictions contained in paragraph 6, they do propose to construct seven stories within the rear building, and accordingly seek a variance from this paragraph 7 so that the rear building will have seven stories but be below 70 feet. 5. Paragraph (9) This Paragraph imposes a minimum distance between buildings, "if more than one (1) on a lot," of a "distance equal to the height of the taller building." As the developers seek to construct a building that will be approximately 68 feet high, and as the distance between the two buildings is only 42 feet, the developers seek a variance from this requirement that this will enable the construction to proceed according to the submitted plans. 6. Paragraph (10) This Paragraph requires a Floor Area Ratio for new construction of 3:1. The developers seek a Floor Area Ratio for the rear building of 4:1. 7. It is the intention of the developers to provide approximately 90 parking spaces in conjunction with this project. As all of this parking will be covered and included in the structure of the buildings, it would appear that the off-street parking regulations do not apply to this project. If these provisions were to apply, however, the developers would seek the following variances from Paragraph C, Off- Street Parking: Required Proposed Typical # Affected Stall Width 9' 815" 19' 18 spaces Stall Depth 22' 18' 20' all spaces Aisle Width 24' 20' 20' all spaces Blocked Spaces 0 18WNW lmpo'1 M IF DENSITY REGULATIONS SECTION VI TABLE III B-5 DENSITY REGULATIONS Non-Residential Non Residential Residential Uses or Uses-ExistingUses New Residential Uses or Combined Residential Combined Residential Building Construction 6.Nonresidential Uses- h Non Residential Uses- Existing Buiding(t) New Construction(l) I. Minimum Lot Area(sq.ft.) 2,000 2,000 2,000 2,000 2. Minimum Lot Area per Dwelling Unit -- — — 300 3. Minimum Lot Width(ft.) - 30 30 30 6. Maximum Lot Coverage by all Buildings(%) 100 SO 100 Sp S. Minimum Width of Side Yard(it.) S — S 6. Maximum Height of Buildings(ft.) 70 70 70 70 7. Maximum Height o1 Buildings(no.of stories) 6 6 6 6 S.Maximum Height of Fences 4 Border- ing Walls 10 10 6 6 9. Minimum Distance Between Buildings U more than one(1)on 6 lot Distance equal to the height of the taller building(2) 10. Floor Area Ratio 6:1 3:1 (3) 6:1 3:1 (1)Where residential use comprises 23%or less of the total building area,the regulations for non-residential uses shall apply. (2)This distance may be reduced to a distance which is sufficient to provide adequate light,air,and access,subject to the approval of the Planning Board. There shall be no requirement for individual row Muses sharing a party wall. 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