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95-101 CONGRESS STREET - ZBA 95-101 Congress St. 'B-1 H & R Realty Trust C� Q4 cn r. flZifg of '�§ajent, &44*Fn5!5aC juseffs J Poxra of 'ppenl OCT 3 FILE W DECISION ON THE PETITION OF H & R REALTY TRUST FOR GIT'rt:;i; VARIANCES AND SPECIAL PERMIT AT 95-101 CONGRESS ST. (B-1 ) s' Ew.N1{3 A hearing on this petition was held September 24 , 1986 with the following Board Members present: Edward Luzinski, Vice Chairman; Richard A. Bencal, Secretary, Messrs. , Strout, Fleming and Associate Member Labrecue. 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 Law Chapter 40A. Petitioner request Variances fromminimum lot area required, maximum lot coverage, rear yard setback, side yard setbacks, maximum height and parking. Petitioner also requests a Special Permit to allow for the expansion of an existing nonconforming structure to allow the construction of ten ( 10) dwelling units in this B-1 zone. t 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 and .structures in the same district; --b. -literal enforcement-�of-..tbt'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 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 non- conforming structures, and for changes, enlargement, extension or expansion of non- conforming lots, land, structures, and uses, provided, however, that such change, extension, enlargment or expansion shall not be substantially more detrimental than, the existing nonconforming use to the neighborhood. In more general terns, 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. The Board of Appeal, after consideration of the evidence presented at the public hearing, makes the following findings of fact: 1 . Support to the petition was voiced by abutters, neighbors and others, as well as a petition signed by ne_g.^.bors, a`_ut_ers and others; i I 1 DECISION ON THE PETITION OF H& R REALTY TRUST FOR VARIANCES AND SPECIAL* PERMIT AT 06-101 CONGRESS ST. page two 2. The plan, 'as presented, will increase the number of affordable residential units in the city; 3. There will be no change in the existing building other than upward; 4. The present grocery store and laundry clientele is mostly walk in and the need for parking is minimal. On 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 especially affect the property in question but do not generally affect other lands in the same district; 2. Literal enforcement of the provisions of the Ordinance would work a substantial hardship on the petitioner; 3. The relief requested car. be granted without subst-antial detriment to the public good or without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance;. 4. : The proposed plan will promote the convenience and welfare of the City's inhabitants. Therefore the Zoning-Board of Appeal-voted unanimously - to:grant the following Variances - .._. ..:. - 1 : To`allow=13 604- square foot lot size; 2. Maximum lot coverage of 40.4%e; 3. Zero rear yard depth; 4. Zero side yard depth on the north side of property; 5. Maximum height of 38 feet; 6. From the required parking of 46 spaces to the proposed 27 spaces. The Board also voted unanimously, 5-0, to grant the Special Permit requested to allow for the expansion of an existing nonconforming structure. The Variance and Special Permit are subject to the following conditions: 1 . The addition must be built in accordance with all applicable provisions of the Massachusetts State Building Code and in compliance with all - Salem Fire Department regulations; 2. A Certificate of Occupancy for all units be obtained. }F FRWE c BE c P''RSUAN TO ` r- ^. :i n Lr•-•: t- :3 P !, '. SH r E. �! 25 EA,S Fr S7 11n7 D7 114:'1: ( T ^ E-S!CV, Th G C7 i C . .. S' -LL :,._: -:_RiEtaeCdtH_ :F�enGa_. eer�fi_gCy u A COPY OF TPZS CSStee i1AS Bt Ff'$D WITH `r-:iE Pt ANi:i ATv BOA'RB AND'THE CITY CLE Ri F. _E:. L. ir: ;. ESS_! 5_-.a'.i..'. r •9 �..• _ C. . . - _ ;:F Tr.E C(..,. GF RL�-RD CR IS RECORDED AND NNE7 CS TF' Cil\ER'S CERTIFICAIE OF TILE. QfTt D{ FtCErit (��TS�IC iTSPS J a Office of the (l itV Tounril R JA`��IMMB Wad~ WARD COUNCILLORS GEORGE P. MCCABE 1986 COUNCILLORS-AT-LARGE PRESIDENT 1986 GEORGE A. NOWAK JOSEPHINE R. FUSCO KEVIN R- HARVEY ROBERT E. GAUTHIER CITY CLERK VINCENT J. FURFARO FRANCES J. GRACE LEONARD F. O'LEARY NEIL J. HARRINGTON JEAN-GUY J. MARTINEAU RICHARD E. SWINIUCH September 24, 1986 GEORGE P. MCCABE JOHN R. NUTTING 1Ir. James B. Hacker, Chairman Board of Appeals One Salam Green Salam, Mass. 01970 RE: Petition of H & R Realty Trust, Congress Street Dear Mr. Hacker: Please be advised that I have not received any complaints relative to the above petition. With new proposed construction contemplated, I feel this project wnuld be an asset to the neighborhood, and could provide more housing for the people in the area. Very truly yours, GEORGE A. WAK Ward 1 Cobficillor PETITION FOR AFFORDABLE HOUSING AT 9': CONC' :.JS 'Mt'LT We, the undersigned, support the proposal to construct ten units of affordable housing at 95 Congress Street in Salem, Massachusetts. Name Address ��t 2, 3 4. 5. 6• ,l LiS -7, Iii7 �C vyl , �a lel 9. 12. 13. 15- 16. 17' � �� ( r ,8• 5 G D a 19. V w j t l0 5 A r21 s cpm/ • 20. r I,6C I/l 21e�; 22. 23. 24, a19*�. 25. 26. 27. PETITION FOR AFFORDABLE HOUSING AT 95 CONGRESS STREET We, the undersigned, support the proposal to construct ten units of affordable housing at 95 Congress Street in Salem, Massachuaetts. Name Address 1 • --c-Q � a -�._� S f ate✓ �.i 2. 3. 6. '0 7.p �.0 .-- _ � c.LV--. 8, 9. 10. 11 . 12. 13. 14. 15. 16. 17. 18. 19. 20. 21 . 22. 23. 24. 25. 26. 27. -,,,CORD ,a ��Tt�1. D il�CllT� r��iTS iIC��1T5C t5 (Office of the Tito Cnutuicil 'z d J Urltg pall WARD COUNCILLORS GEORGE P. McCABE 1986 CCUNCILLORS-AT-LARGE PRESIDENT 1966 GEORGE A. NOWAK JOSEPHINE R. FUSCO KEVIN R. HARVEY ROBERT E. GAUTHIER CITY CLERK VINCENT J. FURFARO FRANCES J. GRACE LEONARD F. O'LEARY NEIL J. HARRINGTON JEAN-GUY J. MARTINEAU RICHARD E. SWINIUCH September 24, 1986 GEORGE P. MCCABE JOHN R. NUTTING Mr. . me Jas B. 'Hacker, Chairman Board of Appeals One Salam Green Salem, Mass. 01970 RE: Petition of H & R Realty Trust, Congress Street Dear Mr. Hacker: Please be advised that I have not received any complaints relative to the above petition. With new proposed construction contemplated, I feel this project could be an asset to the neighborhood, and would provide more housing for the people in the area. Very truly yours, n � RGE A. WAK Ward 1 CcAtficillor Aj . _ ra It -t-A-e '46�1 4A vg �d � 1 t ae . y '4'r,7 _ „ ,l( . r Asy (� 3 1-4//�Ila441 ea-1, A-/1� l _. . .t4. Xxaw- 14 J Cc - } °2.1 -� Cer �°" i 1 Ida& � i 1 i 1