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i Legal Notice ;
CITY OF SALEM 1
BOARD OF APPEAL
978-745.9595,Ext 381
will hold a public hearing for all per-
ons interested in the petition submit-
ted by Charles Blaisdell,Trustee;
North River Redevelopment Trust;
i requesting(a)Variances for use of the
premises at 2 Waters Street in an'
Industrial zone for twelve residential:
townhouse condominium units, (b)'
Variances from minimum area, mini-
mum lot width, minimum front yard
depth,minimum width of side yard,and
minimum depth of rear yard at 2 Waters
Street in an Industrial zone, (c) Vari-
ances from maximum lot coverage,'
minimum width of side yard, minimum'
depth of rear yard, and maximum
height of buildings at 5 Waters Street in
a B-1 zone,and(d)Variances at 2 and
5 Waters Street to allow for tandem
f parking. Said hearing to be held
Wednesday, May 19,2004, at 6:30
p.m., 120 Washington Street, 3rd
Floor.
Nina Cohen,Chairman i
(5/512)
f tr
o CITY OF SALEM9 MASSACHUSETilr* OF SALEM, MA
. BOARD OF APPEAL - CLERK'S OFFICE
r e 120 WASHINGTON STREET, 3RD FLOOR
' e SALEM, MA 01970
TEL. (978) 745-9595
STANLEY J. USOVICZ, JR. FAX (978) 740-9846 1004 JUN =2 P 2> 55
MAYOR
DECISION OF THE PETITION OF NORTH RIVER REDEVELOPMENT TRUST
REQUESTING A VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY
LOCATED AT 2-5 WATER STREET I/B-1
A hearing on this petition was held May 19, 2004 with the following Board Members
present: Nina Cohen, Richard Dionne, Bonnie Belair, and Joseph Barbeau. 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.
Petitioner is requesting a Special Permit and Variance from parking regulations and
density to allow construction of 12 residential units at 2 Water Street in an Industrial
Zone and for density and parking variances to allow construction of 5 residential units for
the property located at 2-5 Water Street located in an Industrial and B-1 zone.
The provisions the Salem Zoning Ordinance which is applicable to the request for a
Special Permit is section 5-3 (j), 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 Sections 8-6
and 9-4, grant Special Permits. for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extent 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 to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests 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.
The Variances which have 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 or 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.
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
of the Ordinance
s p�
DECISION OF THE PETITION OF NORTH RIVER REDEVELOPMENT TRl7$ F�/CFq
REQUESTING A VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY
LOCATED AT 2-5 WATER STREET B-1/1
page two
The Board of Appeal, after careful consideration of the evidence presented, and after
reviewing the plans makes the following findings of fact:
1. Petitioner Charles Blaisdell trustee of North River Redevelopment Trust, seeks
variances affecting two Water Street parcels lying indifferent zoning district,
In furtherance of a plan to create a seventeen unit condominium complex
straddling both districts.
2. Under petitioner's plan presented by Attorney George.Atkins III and Architect
Brent Mogel, development of the property at 2 Water Street is the industrial zone
will require demolition of the existing hundred year old factory building. In its
place petitioner seeks to erect three clusters of five new houses and one duplex,
all with historical architectural features.
3. Each new house will have a one-care garage with a driveway long enough to fit a
single car, thus each unit provides off-street parking for two cars, but only if the
cars are stacked one behind the other. For this reason, petitioner seeks a
variance to allow the exterior parking spaces to be located on the entrance to the
interior space for each unit.
4. Brent Mogel project architect stated that the development features historic
windows, appearance doorways, clapboard siding, brick end walls slate-like
roofing and cobblestone centers courtyard. Each two-bedroom unit offers
approximately 1,250 square feet of living space in addition to the garage. Each
would be priced at about $280,000. .
5. Petitioner's plan for 5 Water Street calls for five units to be located in the B-1
zone requiring variances from maximum height. At 37'5', the roof peaks of each
row house would be taller than the existing factory-building roof. In addition,
petitioner requests variances from the parking requirements in order to utilize a
stacking parking arrangement like that described above for these units.
6. The configuration of the units on the lot at 2 Waters Street in the I zone requires
variances from minimum lot area per dwelling unit, frontage, depth of front yard,
width of side yard and depth of rear yard. Overall, the proposed use will result in
lot coverage of 42%for both lots, while the existing factory building has lot
coverage of 56%.
7. Petitioner states that the proposed improvement will create a new moderately
Priced residential neighborhood in an existing mixed-use area. The plan is
Supported by Michael Bencal, Ward Councillor for Ward 6, neighbors Laura
Perrin of 2A Buff um St., Joan O'Connor of 15 Mason Street and Liz Bradt
D.V.M. of 22 Larchmont Rd., who owner and operates a veterinary hospital at 15
Commercial Street.
8. Several neighbors were concerned that overflow parking needed by the
Condominium residents would be unavailable given the improvements of Waters
and South Mason Streets, and they urged the developers to make provisions for
overflow parking. Luis Rosano of 11 Mason St. and Mark Boren of 9 South
Mason St. expressed reservations about overflow parking and concerns about
protection of existing properties during demolition. Mr. Rosano also objected to
the height of the proposed development, which would block views of the river
i
CITY CL QALLM, MA
CLERK'S OFFICE
DECISION OF THE PETITION OF NORTH RIVER REDEVELOPMENT TRUST
REQUESTING A SPECAIL PERMIT AND VARIANCE FOR THE PROP%J JUN =
LOCATED AT 2-5 WATERS STREET I/B1 2 P 2: 5s ,
page three
and he asked about the landscaping and fencing of the development.
9. David Hart of Historic Salem Inc. and Morris Schopf, of 1 Cambridge St strongly
objected to the proposed demolition, stating that older industrial building form a
part of the fabric of the community, which developers have a duty to improve
rather than destroy. Mr. Schopf stated that no substantial investigation had yet
been made as to whether the existing building could be profitably redeveloped for
residential or commercial use or for mixed use. On this point he was contested
by Developer Steve DeFonsa who stated that they had investigated such a
restoration and did not fined it feasible.
10. Jim Treadwell of 36 Phelps St. spoke on behalf of the North River Canal Corridor
Mixed Use District Implementation Committee which also submitted a letter in
opposition to the project signed by thirteen members. This group has met
consistently over two years to develop a vision for the redevelopment of a section
of North Salem in which this property lies and to create support for the re-zoning
of this district in line with a Neighborhood Master Plan. According to Mr.
Treadwell, the developer's plan fails to meet the Neighborhood Master Plan
developed b this group because it is overt dense is not pedestrian or street
P Y 9 P Y
friendly, and is too tall. In support he stated that the proposed density of 17 units
for the half-acre site amounted to roughly 32 units per acre, while the Master
Plan calls for no more than 12 units/acre. This density, according to the
Committee, is not in keeping with the character of the existing neighborhood and
is not the type that is envisioned in the Neighborhood Master Plan.
11. Mr. Treadwell, Mr. Mark Dunn of the North River Canal corridor Council, and
Councillor Mike Sosnowski, Ward Councillor for Ward 2 also objected to the
timing of the petition, stating that they hoped that the Zoning Board would deny
Petitioner's variances requests pending the outcome of the deliberations of the
Committee.
On the basis of the above findings of fact, and on the evidence presented at the
hearings the Zoning Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property but not the
district in general.
2. Literal enforcement of the provisions of the Ordinance would involve substantial
hardship on the petitioner.
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
4. The Special Permit granted can be granted in harmony with the neighborhood and
will promote the public health, safety, convenience and welfare of the city's
inhabitants.
DECISION OF THE PETITION OF NORTH RIVER REDEVELOPMENT TRUST FOR A
VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 2-5 WATER
STREET B1/I
page four
Therefore, the Zoning Board of Appeal voted, 4 in favor and 0 in opposition to grant the
relief requested, subject to the following conditions;
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 and
approved by the Building Inspector.
3. All requirements of the Salem Fire Department relative to smoke and fire
safety shall be strictly adhered to. o �"
4. Petitioner shall obtain a building permit prior to beginning any construction. z T
5. Petition shall obtain a Certificate of Occupancy shall be obtained. n
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6. Petitioner is to obtain approval from any City Board or Commission having N �'
Jurisdiction including, but not limited to the Planning Board. W m3
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7. Petitioner shall obtain proper street numbering from any City Board of Commission
having jurisdiction including, but not limited to, the Planning Board.
8. Units shall be owner occupied.
9. Petitioner shall look into possibility of an easement to Commercial Street.
Special Permit & Variance Granted
May 19, 2004
WNinaCohen, Chairman �CZk—�
Board of Appeal
f.
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 after the
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 certification of the City Clerk
that 20 days have elapsed and no appeal has been filed, or that, if such appeal has
been filed, that it 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.
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Board of Appeal
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May 18,2004
RE: Request for Variances
at 2 and 5 Waters Street
North River Redevelopment Trust
Nina Cohen,Chair
Salem Board of Appeals
120 Washington Street
Salem, Massachusetts 01970
Dear Ms. Cohen:
The members of the North River Canal Corridor Mixed-use District Implementation Committee are strongly
opposed to the application for variances that would allow a total of 17 dwelling units in the Water Street, Buffum
Street Extension,South Mason Street neighborhood,for the following reasons.
1. The proposed density is far too high. Variances are proposed that would allow 17 dwelling units. Compare this
proposed 17 dwelling units to the following:
• Only 3 dwelling units would be allowed if these properties were located in the adjacent R-2 (two-family)zone
on Mason Street.
• Only 7 dwelling units would be allowed under R-3 (multi-family)zoning, Salem's densest residential zoning.
(There is no R-3 zone in North Salem.)
• While the proposed North River Canal Corridor Mixed-use District(NRCCMD)as submitted by the Mayor
presently lists a mixed-use density higher than the R-3 residential density, not one member of the NRCCMD
Implementation Committee has voiced support for this submitted density. To the contrary,all comments
regarding density have expressed the concern that the submitted density is much too high. (Density is not
scheduled to be discussed by the Committee until its June 2 meeting.)
• The approved Neighborhood Master Plan for the North River Canal Corridor states in its Vision Statement the
desire to"Encourage development projects that preserve the unique historic character and scale(emphasis
added)of the adjacent neighborhoods ...". The density of this proposed project is contrary to the vision of the
Neighborhood Master Plan.
2. The proposed project is not pedestrian or street friendly. There is no "life" on the first floors facing the streets,
only garage doors and a doorway. The 10 units in the two buildings on Waters Street do not even address the
street; they face a parking lot. This is not the type of development that is appropriate for two-family
neighborhoods, not the type of development that is in keeping with the character of the neighborhood,and not the
type of development envisioned in the Neighborhood Master Plan.
3. The myriad of dimensional variances requested(lot area, lot widths, front yard depths, rear yard depths, side yard
widths, lot coverage)only serve to illustrate the physical overcrowding that is being proposed.
4. The buildings are too high at 37-8" and three stories. The Neighborhood Master Plan states that"New
development should be sensitive to the scale and character of the surrounding neighborhoods." These proposed
buildings will overwhelm their immediate neighbors. For comparison; the adjacent R-2 zoning allows only a 35
foot height and 2'/z stories, and the three story commercial/apartment building at the corner of Mason and North is
only 32'/, feet±high.
There are many other specific instances of this proposed project that can be cited that would argue against the
granting of any variances,but the overriding concern of the Implementation Committee is that the proposed
development does not in any way conform with the just completed Neighborhood Master Plan for the North River
Continued on next page...
t. Al
To the Salem Board QfAppeals May 18, 2004/Page 2 of 2
RE: Request for Variances at 2 and 5 Waters Street
Canal Corridor,or the discussions of the Implementation Committee to date regarding the proposed new zoning for
the area.
We feel it is most unfortunate that this developer is trying to circumvent the goals of the Neighborhood Master Plan
and the work of the Implementation Committee by appealing for variances for these properties at this time. (The
proposed new zoning is scheduled to be ready for a vote by the City Council within two months.) We respectfully
request that the Salem Board of Appeals deny these requests for variances, and allow the Implementation Committee
to complete its work of the past two years.
Thank you for your consideration of these comments.
The North River Canal Corridor Mixed-use District Implementation Committee:
Paul Caisse Staley McDermet
John Carr John Moustakis
Patricia Donahue Robert Sennett
Robert Cough Mary Lee Storrs
Sara Hai-per James Treadwell
John Kermet Joyce Wallace
Rita Markunas
The Implementation Committee has thirteen members.
All thirteen members have signed this letter.
May 18, 2004
Mr. Lance Kasparian, Chair
Historic District Commission
120 Washington Street
Salem, MA 01970
Re: Request for Waiver of Demolition Delay Ordinance, 2 Water Street
Dear Mr. Kasparian:
Historic Salem respectively requests that the Historic District Commission not grant the
above referenced request at this time with respect to the older industrial building on the
site.
We ask that the waiver not be granted until the following have occurred.
The historic significance of the building can be determined.
The owners have demonstrated that the building cannot be incorporated into a
reuse plan.
The owners have an alternative approved plan for redevelopment of the site.
Financing has been obtained for the redevelopment..
We also note that a primary goal of the North River Canal Corridor Neighborhood Master
Plan is the reuse of the former industrial buildings in this area (hopefully for artist live-
work space) and that a major zoning initiative is currently in process that will impact this
property. This process should be completed within two to three months, and it is
advisable that anything that would be contrary to the intent of the Plan and the proposed
new zoning (and demolition of older industrial buildings is contrary to both) should be
deferred until completion of the process.
Historic Salem would be most willing to provide assistance to the owners in formulating
reuse plans for the property.
We are very appreciative of your consideration of our comments.
Sincerely,
Patti Kelleher
President
Enclosures: Interior and exterior photographs
Petitioner requests a variance to allow twelve (12) residential townhouse
condominium units on the parcel known as 2 Waters Street. The existing
industrial buildings will be demolished and the units will be a part of a
condominium with five (5) other units to be located on the vacant parcel across
the street known as 5 Waters Street.
Each condominium
unit shall have two parking spaces for the exclusive
use of the unit. Fifteen (15) units shall have one (1) interior garage space and
one (1) exterior space. Petitioner requests a variance from Section 7-3(e)(3) to
allow the exterior parking spaces to be located on the entrance to the interior
garage space.
Petitioner further requests variances from the Density Regulations
contained in Table II for Minimum Area, Minimum Lot Width, Minimum Depth of
Front Yard, Minimum Width of Side Yard, and Minimum Depth of Rear Yard for
the parcel at 2 Waters Street in the Industrial district, and Maximum Lot
Coverage, Minimum Width of Side Yard, Minimum Depth of Rear Yard, and
Maximum Height of Buildings for the parcel at 5 Waters Street in the B-1 district.
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