95-101 CONGRESS STREET - ZBA (2) H & R Realty Trust
95-101 Congress St. B-1
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AMENDED DECISION ON THE PETITION OF H S R REALTY TRUST FOR VARIANCES
AND A SPECIAL PERMIT AT 95-101 CONGRESS ST. (B-1)
A hearing on this petition was held on April 27, 1988 with the following Board
members present: James M. Fleming, Vice Chairman; Richard A. Bencal, Secretary
Messrs. , Edward Luzinski, Peter Strout and Associate Member Arthur Labreque.
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, owner of the property is requesting all necessary variance and a
special permit under Section VIII D in order to permit extention of a non-
conforming structure in order to construct sixteen (16) residential units
as per the plans submitted in this B-1 Zone.
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;
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 nonconforming lots, land, structures, and used, provided however, that such
change, extension, enlargement or expansion shall not be substantially more
detrimental that the existing nonconforming use to the 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 prorate the public
health, safety convenience and welfare of the city's inhabitants.'
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. Letters of Support from the city planner and ward councillor.
2. No opposition to the plan was presented.
3. The plan, if granted, would increase the affordable housing stock in
the city.
DDCISION ON THE PETITION OF H & R REALTY TRUST FOR VARIANCES
AND A SPDCIAL PERMIT AT 95-101 CSS ST. (B-1 )
Page Two
4. The change fran a market and laundremat would generate less vehicular
traffic in the area.
5. The area is surrounded predominately by multi family dwellings.
6. Business at small grocery stores such as the one presently on site is
decreasing due to larger chain stores.
7. No change in the size of the existing building other than upward is
anticipated:
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Board of Appeal concluded as follows:
1. The relief requested 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.
2. Literal enforcement of the provisions of the ordinance would work
a substantial hardship on the petitioner;
3. Special conditions exist which especially affect the subject property
but not the district generally;
4. The Special Permit requested will prorate the convenience and welfare
of the City's inhabitants.
Therefore, the Zoning Board of Appeal voted unanimously 5-0 to grant all
necessary variances, specifically, but not limited to:
1. Variance frau minimum lot area.
2. Variance fran minimum lot size to 13,604 sq. ft. +.
3. Variance from minimum lot coverage to 40.4%.
4. Variance fran minimum set back with zero rear yard depth and zero side
T yard on the north side of the property.
5. Variance fran minimum Height to a maximum of 38 ft.
Included in the 5-0 vote to grant was the request for the Special Permit to
allow the extension of a non-conforming structure as to height.
These Variances and Special Permit are granted by the Board subject to the
following conditions:
1. All conditions of the letter frau the Salem Fire Dept. to this Board
relative to this petition be crnplied with.
2. Maintain twenty seven (27) parking spaces on site.
3. All construction be done as per the plans submitted and per all
existing City and State Building Codes.
r
DECISION ON THE PETITION OF H & R REALTY TRUST FOR VARIANCES
AND A SPECIAL PERMIT AT 95-101 CONGRESS ST. (B-1 )
Paqe Three
4. A Certificate of Occupancy be obtained.
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A. Bencal, Secre
A COPY OF THIS DECISION HAS BEEN FIT WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MAIMS.
GENERAL LAWS, CHAPTER 808. AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSANT TO MASS. GENERAL LAWS, CHAPTER 808. SECTION 11, THE VARIANCE OR SPECIAL PERMIT
GRANTED HEREIN. SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISIDS. BEARINn THE CERT-
FICATION OF THE C", CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED,
OR THAT. IF SUCH AN APPEAL HAS BEEN FILE THAT IT HAS BEEN DIS,:ISSED CR DENIED IS
RECORDED IN THE SOUTH ESSEX RE91STRY OF :7EEOS AND INDEXED UNDER THE NAME GF THE CWN!:H
OF RECORD OR IS RLCORDED AND N0,EO ON THc OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
CITY OF SALEM, MASSACHUSETTS
PLANNING DEPARTMENT
,CUM01},�
J
GERARD KAVANAUGH ONE SALEM GREEN' 01970
CITY PLANNER
(617)745-9595,EXT.311
INN%
April 27, 1988
Board of Appeals
One Salem Green
Salem, MA 01970
Dear Board Members:
I am writing to support a request for a variance at 95-101 Congress Street to
allow the construction of sixteen (16) housing units.
As you know, the need for affordable housing in Salem is critical, and we
must take all possible steps to address it. Adequate housing is beyond the financial
reach of many of Salem's families and households, and the City must take an active
role in attempting to increase the supply of such housing.
The addition of sixteen (16) new units, which will be sold at affordable prices,
possibly with financing for first time homebuyers being provided by the
_ Commonwealth and its Massachusetts Housing Partnership, will be very helpful to
our efforts of providing affordable housing to our residents.
Thank you for your consideration.
Sincerely, _
Y � I
L+
Gerard Kavanaugh
City/Plai er
M36W
�BNe1r Citp of 6atem, Mamcbm5etto
Office of the Citp Councit
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�M/rylryg WARD COUNCILLORS
KEVIN R. HARVEY 1988
COUNCILLORS-AT-LARGE PRESIDENT
GEORGE A.NOWAK
1988
DONALD T.BATES � JOSEPHINE R. FUSCO KEVIN R.HARVEY
CITY CLERK VINCENT J. FURFARO
FRANCES J.GRACE LEONARD F.O'LEARY
NEIL J.HARRINGTON JEAN-GUY J.MARTINEAU
GEORGE P.McCABE SARAH M.HAYES
MARK E.BLAIR
April 27, 1988
Board of Appeal
City of Salem
Salem, MA 01970
Dear McTbers of the Board:
In regards to the request of Mr. James Hacker on his appeal to build low
and moderate income housing, I have not received any canplaints about his
request from the neighborhood.
I believe that well built low and moderate inane housing will be an
asset to the neighborhood. Thank you.
Your friend,
GEORGE A.(/NO[QAK
COUNCILLOR rVTPM ONE
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•�� I`/L10LI e l� oarb of PA ltTY'CLERR.SALEA.HA53.
DECISION ON THE PETITION OF H & R REALTY TRUST FOR VARIANCES
AND A SPECIAL PERMIT AT 95-101 CONGRESS ST. (B-1)
A hearing on this petition was held on April 27, 1988 with the following Board
members present: James M Fleming, Vice Chan; Richard A. Bencal, Secretary;
Messrs. , Edward Luzinski, Peter Strout and Associate Member Arthur Labreque.
Notice of the hearing was sent to abutters and others and notices of the
hearing were properly published in the Salem Evening Nous in accordance with
Massachusetts General Laws Chapter 40A.
Petitioner, Omer of the property is requesting all necessary variance and a
special permit under Section VIII D in order to permit extention of a non
conforming structure in order to construct sixteen (16) residential units
as per the plans submitted in this B-1 Zone.
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;
c. desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating frau
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 donditions set forth in
Section VIII F and IX D, grant Special Permits for alterations and reconstruction
of nonconforming lots, land, structures, and uses, provided however, that such
change, extension, enlargement or expansion shall not be substantially more
detrimental that the existing nonconforming use to the 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.
j 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. Letters of support from the city planner and ward councillor.
2. No opposition to the plan was presented. -
3. The plan, if granted, would increase the affordable housing stock in
the city.
DECISION ON THE PETITION OF H & R REALTY TRUST FOR VARIANCES
AND A SPECIAL PERMIT AT 95-101 ODNGRESS ST. (B-1)
Page Two
4. The change from a market and laundremat would generate less vehicular
traffic in the area.
5. The area is surrounded predominately by multi family dwellings.
6. Business at small grocery stores such as the one presently on site is
decreasing due to larger chain stores.
7. No change in the size of the existing building other than upward is
anticipated.
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. The relief requested may be granted without substantial detriment to
the public good and without nullifying or substantially derogating fran
the intent of the district or the purpose of the Ordinance.
2. Literal enfornt of the provisions of the ordinance wouldPEIP
work
a substantial hardship on the petitioner;
3. Special conditions deft-exist which especially affect the subject
property not the district generally;
4. The Spec Permit requested will promote the convenience and welfare
of the City's inhabitants.
Therefore, the-Zoning Board of Appeal voted unanimously 5-0 to grant all
necessary variances, specifically, but not limited to:
1. Variance from minimum lot area.
l 2. Variance frorm minimum lot size to 13,604 sq. ft. +.
i
3. Variance from minimum lot coverage to 40.4%.
4. Variance from minimum set back with zero rear yard depth and zero side
yard on the north side of the property.
5. Variance frau minimum Height to a mzximum of 38 ft.
Included in the 5-0 vote to grant was the request for the Special Permit to
a allow the extension of a non-conforming structure as to height.
These variances and Special Permit are granted by the Board subject to the
following conditions:
1. All conditions of the letter fran the Salem Fire Dept. to this Board
r relative to this petition be complied with.
2. Maintain twenty seven (27) parking spaces on site.
3. All construction be done as per the plans submitted and per all
existing City and State Building Codes.
J
i
i
DECISION ON THE PETITION OF H & R REALTY TRUST FOR VARIANCES
AND A SPECIAL PERMIT AT 95-101 CONGRESS ST. (B-1)
Page Three
4. A certificate of occupancy be obtained.
GRANTED
chard A. Bencal, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FMM THIS DECISION, IF ANY, SHALL BE NIADE PURSUANT TO SECTION 17 OF THE MA".
GENERAL LAWS, CHAPTER SCC, AND SHELL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FIli I:;
OF THIS DECISION IN THE OMCE OF THE CITY CLERK.
PORSANT TO !:SACS. GENERAL L6;1S. CHA°TER VS, SECTION 11, THE VARIANCE OR SPS^.IA!. PE".':ii
LRAKl ED H nuCJ, SHALL NJT TA,;E EFFECT UNTIL A COPY OF
FI6.4Ti]N OF THE C,TY CLERK. THAT 23 DAYS HA%F EAP3ED V'3 ND APPEAL HA- _:=., FI'_E.,.
j iR HAIL IF SUi;H A.": .4PPLHAS BEEN F4, THAT IT H::S EEEN DIS:7ISSJ C•E G'C�'Ii i IS
R:C"'RDED IN THE SOUTH ESSEX REeiSTRY OF DEEDS AND INDEXED UNDER IHE NA:::E JF 'IHE
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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Office of the City Council
71p�h1Ne btu' WARD COUNCILLORS
KEVIN R. HARVEY 1988
COUNCILLORS-AT-LARGE PRESIDENT GEORGE A.NOWAK
1888 JOSEPHINE R. FUSCO KEVIN R.HARVEY
DONALD T.BATES CITY CLERK VINCENT J.FURFARO
FRANCES J.GRACE LEONARD F.O'LEARY
NEIL J.HARRINGTON JEAN-GUY J.MARTINEAU
GEORGE P.McCABE SARAH M.HAYES
MARK E.BLAIR
April 27, 1988
Board of Appeal
City of Salem
Salem, MA 01970
Dear Members of the Board:
In regards to the request of Mr. James Hacker on his appeal to build low
and moderate income housing, I have not received any camplaints about his
request from the neighborhood.
I believe that well built low and moderate income housing will be an
asset to the neighborhood. Thank you.
Your friend,/
GEORGE A. NOhM
COUNCILLOR MPM ONE
GAN/deb
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