53-59 BRIDGE STREET & 8 OSGOOD STREET - ZBA CS oA-
00
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1
Legal Notice i
'CITY OF SALEM i
BOARD OF APPEAL
i 7454595 Ext 381
Will hold a public hearing for all per-
sons interested in the petition submit-
ted by 59 BRIDGE ST SALEM REAL-'
TY TRUST requesting Variances from
front,side and rear setbacks,lot cover-
age and number Of strictures on lot to r
subdivide into 3 lots for the property,
located at 8 OSGOOD ST,59 BRIDGE
'STREET AND 53 BRIDGE STREET
1B4/R2. Said hearing to be held
WEDNESDAY,MAY 17,2006 AT 6.30
'P.M., 120 WASHINGTON STREET i
i OM 313.,
3RD FLOOR,ROOM i
Nina Cohen,
05/03,05/10/2006Chairman
Ili
T .
CITY OR SALEMv MASSACHUSETTS
BOARD OF APPEAL CITYsOF SALEM,,MA
CLERK'S:OFFICE
120 WASHINGTON STREET, 3RO FLOOR -
SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-74"393
FAx: 978-740-99sa1006-JUN I S, .A'-q; 48
June 15, 2006
Decision
Petition of 59 Bridge Street Salem Realty Trust requesting variances
from front, side and rear setbacks, lot coverage and number of
structures on lot to subdivide into three lots for the location at 8 Osgood
Street, 59 Bridge Street and 53 Bridge Street.
A public hearing on the above petition was opened on May 17, 2006 pursuant to Mass
General Law Ch. 40A, Sec. 11, the following Zoning Board members being present: Nina
Cohen, Edward Moriarty, Richard Dionne, Robin Stein and Nick Helides.
The petitioner, 59 Bridge Street Salem Realty Trust, is requesting variances pursuant to
section 6 to allow the subdivision of two parcels located at 59 Bridge Street and 53
Bridge Street, Salem, in the Two-Family Residential (R-2) and Wholesale Automotive
(B-4) districts. Petitioner's subdivision plan would separate into 2 lots, two buildings
sharing a party wall and located at 8 Osgood Street and 53 Bridge Street, Salem. The
proposed plan also would combine portions of two lots located at 53 and 57 Bridge St.
To implement the proposed subdivision plan, petitioner seeks variances from front, side
and rear setbacks, lot coverage and number of structures on a lot. At the present time, no
change is sought to the existing nonconforming structures. The front setback requirement
of the City of Salem Zoning Ordinance is zero (0) feet in the B-4 district and fifteen (15)
feet in the R-2 district. Existing front setbacks are two (2) feet for 8 Osgood Street, three
(3) feet for Lot 1 at 53 Bridge Street, and two hundred (200) feet for 59 Bridge Street.
Side setbacks in the B-4 district are zero (0) feet and in the R-2 district are ten (10) feet.
Proposed side setbacks are one (1) foot for 8 Osgood Street, one (1) foot for Lot 1 at 53
Bridge Street, and one hundred-thirty-eight (138) feet for 59 Bridge Street. Rear setbacks
in the B-4 district are twenty-five (25) feet, and in the R-2 district are thirty(30) feet.
Proposed rear setbacks are zero (0) feet. Lot coverage for the B-4 district is eighty (80)
percent and in the R-2 district is thirty-five (35) percent. Proposed lot coverage is seventy
(70) percent at 8 Osgood Street. The number of principal structures on each lot is limited
to one (1) per lot in the City of Salem zoning regulations. The petitioner has proposed to
create a single lot with two structures by combining a portion of the parcel at 53 Bridge
Street with the parcel at 59 Bridge Street, hence a variance is needed from the number of
principal structures on a lot.
The applicant will seek to obtain approval from the City of Salem Planning Board for the
lot division/combination.
f
The Board of Appeals, 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 of fact:
1. The properties located at 8 Osgood Street and 53 Bridge Street are completely
within the Wholesale Automotive (B-4) zoning district. The property located at 59
Bridge Street is located primarily in the Wholesale Automotive (B-4) zoning
district, but also has a portion of the lot located in the Two-Family Residential
(R-2) zoning district.
2. The petitioner proposes to divide the parcel located at 53 Bridge Street into two
parcels. A portion of 53 Bridge Street will be combined with 59 Bridge Street to
create one contiguous parcel of 22,646 sf at 59 Bridge Street. The remaining
portion of the parcel at 53 Bridge St. will be 2,838 sf.
3. The existing buildings located at 8 Osgood Street and 53 Bridge Street are
nonconforming as to front, rear and side setbacks, and in addition, they include a
party wall that is roughly on the property line.
4. The party wall shared by the buildings at 8 Osgood Street and 53 Bridge Street
shall remain, but the applicant shall bring the structure into compliance with the
standards of the Massachusetts Building Code.
5. There was no opposition to the proposed subdivision of petitioner's lots.
On the basis of the above findings of fact, including all evidence presented at the public
hearing, including, but not limited to, the Petition and detailed plans, the Zoning Board of
Appeals concludes as follows:
1. The petitioner may continue with the process to subdivide and combine the
lots as proposed on the plan prepared by Eastern Land Survey Associates, Inc.
and dated January 9, 2006, provided that the applicant also receives the
required Planning Board approvals. The applicant may construct such interior
walls are required by the Massachusetts Building Code and the Building
Inspector of the City of Salem to complete the division of the structures,
according to the above referenced plan.
2. The existing structures constitute preexisting nonconforming structures.
3. No exterior changes to the structures are proposed. Only the lot lines of
ownership shall change, and construction of required interior walls to further
separate the structures will be completed.
4. The petitioner's requests for variances from front, side and rear setbacks, lot
coverage and number of structures on a lot, do not constitute a substantial
detriment to the public good.
5. The proposed variances do not nullify or substantially derogate from the intent
or purpose of the zoning ordinance.
6. In permitting such change, the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
In consideration of the above, the Salem Board of Appeals voted, four (4) in favor
(Cohen, Dionne, Helides, Stein) and one (Moriarty) opposed, to grant petitioner's request
for variances, 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. A Certificate of Inspection is to be obtained.
6. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
7. The Petitioner shall endorse on the submitted plans a reference indicating that
Planning Board approval must be obtained to combine/separate lots, prior to
filing with the Essex County Registry of Deeds.
8. The petitioner shall obtain the approval of the Building Inspector for the layout of
the lot lines in relation to the buildings' separations and lots for conveyance, prior
to filing with the Essex County Registry of Deeds, and such subject to inspection
of the Building Inspector.
Nina Cohen, 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 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 and 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.
F
Col/;hs
Q,Sr'< JOHN
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'L bCOILS(
OF `'n
' FRANK LI VAS, JR.
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CLIFFORD SAUVAGEA U
LOCUS MAP
� NOTES:
r 1. ZONING DISTRICTS B4 AND R2
2. ASSESSORS MAP 36 PARCELS 291, 294 & 295
J. SEE PLANS 120 OF 1951 AND 160 OF 1960
,I
I TEM LOT I LOT 2 159 BRIDGE ST. LOT 3
LOT AREA 28381 SF . 22,646' SF 1865' SF.
LOT WIDTH 53' FT. 116' FT. 351 FT.
TSEWANG FRONT YARD 3t FT. 2t FT. 1381 FT.
TUNGKHAR REAR YARD 0± FT. 01 FT. 01 FT.
PLAN 737 OF 1955 i LOT COVERAGE 481 % 91 % 701 %
CONCRETE
2 /
BUILDING CK CARL
SPA TAFORA
J N
ciO
APPROXIMATE LOCA TION OF ZONING DISTRICT LINE
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_✓ , — _ _____ � ' 59 BRIDGE STREET REALTY TRUST
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BITUMINOUS PA DRIVEWAY I BOOK 23255 PAGE 583
18,332± SF.
VFD .--- - %
?— I PARCEL 295
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48.68' � I
LOT 3 N 68.39'
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2o.,
4, 1 ,865± SF. —
1 o o! 3 CROMWELL STREET REALTY TRUST
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� NOTE:
is PARCEL 291 ^ LOT 2 IS TO BE COMBINED
WITH PARCEL 295 TO
c0 FORM A CONTIGUOUS LOT
AC�E-sS $ NCRETE SLAB OF 22,646± SF.
"1 m UZ Tle
EASE NEIV
84' T
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QQ �* 6.,301-- 10 LOT 2
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4,314± SF. uj
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/ TAZZ REALTY TRUST 13.86' UTILITY
62'
PARCEL 294 POLE
LOT A I—; 01
(PLAN 120 OF 1951)
i / JOSE CONCRETE BLOCK R
II MA TOS BUILDING D! 59.88'
LOT A
(PLAN 160 No. 53 ACCESS EASEMENT
XIX
OF 1960) 138:
LOT 1 ' W
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2, 838± SF.
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No. 49 \ DWELLING
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No. 51
rr PLAN OF LAND
L 53.41 3� Ga TE 118,17 CHAIN LINK FENCE LOCATED IN
SALEM , MASS
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EASTERN LAND SURVEY ASSOCIATES, INC.
CHRISTOPHER R. MELL 01
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BRIDGE STREET R. 104 LOWELL ST. PEABODY, MA. 01960
ME/01
AteN - 317@° (978) 531 -8121
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SCALE 1 = 10,
JANUARY 9, 2006
REV JUNE 121 2006
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