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CITY OF SALEM, MASSAQ- USETfS
Bi.JiLDINGDEPARTMENT'120 WASI IINGTON STREET,3ftDFLOOR
TEL. (978) 745-9595
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KI1� BERLEYDRISCOZZ FAx(978) 740-9846
MAYOR THOMAS STYIERRE
DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER
March 4, 2015
Nine South Mason Realty Trust
Mark and Leanne Morin-Trustees
P.O Box 920
Salem Ma, 01970
Re:9 South Mason street
Dear Trustees,
I have been asked to state the City's opinion on the zoning of your property. A review of the City records show
that 9 South mason street is a legal,.non-conforming property located in the N.R.C.0 zone. The existing use is
allowed and the only non-conformity is the frontage. This letter is for zoning determination only and does not
imply conformance or non-conformance with any building or other codes and regulations.
Sincerely,
Thomas St.Pien-e
Building Commissioner
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL?tom
120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS
At'iY CLE
I{IMBERLEY DRISCOLL
TELE:978-745-9595 ♦ FAx:978-740-9846 �+
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MAYOR
March 1, 2017
Decision
City of Salem Board of Appeals
Petition of JUNIPER POINT 9 SOUTH MASON STREET LLC, seeking a Special Permit under
Sec. 3.3.2 Nonconforming Uses and 3.3.3 Nonconforming Structures of the Salem Zoning Ordinance
to extend a non-conforming residential use and structure;The petitioner is also requesting Variances
per Sec. 4.L1 Table ofDimensiona/Requirements for relief from minimum lot area per dwelling unit;
Sea 8.4.8 Mechanical Equipment and Refuse Storage to allow mechanical equipment within front
yard or within twenty five (25) feet of the side yard lot line; 8.4.13 Transitional Overlay District of the
NRCC to allow less than the required fifty foot (50') buffer, to exceed the maximum building height
(feet and stories), and to exceed the maximum fence height adjacent to non-residential uses; at 9
SOUTH MASON STREET,3A BUFFUM STREET EXTENSION, and 23 MASON STREET also
including 23 r/8 and 23R MASON STREET (Map 26 Lots 73, 74,79) (NRCC and I Zoning Districts).
A public hearing on the above Petition was opened on February 15, 2017 pursuant to M.G.L Ch. 40A, § 11
and closed on that date with the following Salem Board of Appeals members present: Mr. Duffy (Acting
Chair),Mr. Watkins,Mr. Hacker(alternate),and Mr.Viccica (alternate).
The petitioner is seeking a Special Permit under Sec. 3.3.2 Nonconforming Uses and 3.3.3 Nonconforming Structures
of the Salem Zoning Ordinance to extend a non-conforming residential use and structure; The petitioner is
also requesting Variances per Sec. 4.1.1 Table of Dimensional Requirements for relief from minimum lot area per
dwelling unit;Sec. 8.4.8 Mechanical Equipment and Refuse Storage to allow mechanical equipment within front yard
or within twenty five (25) feet of the side yard lot line;8.4.13 Transitional Overlay District of the NRCC to allow
less than the required fifty foot (50D buffer, to exceed the maximum building height (feet and stories), and to
exceed the maximum fence height adjacent to non-residential uses.
Statements of fact:
1. Attorney Joseph Correnti and Bob Griffin, Griffin Engineering present the petition.
2. In the petition date-stamped January 24, 2017, the petitioner requested a Special Permit under Sec.
3.3.2 Nonconforming Uses and 3.3.3 Nonconforming Structures of the Salem Zoning Ordinance to extend a
non-conforming residential use and structure;The petitioner is also requesting Variances per Sec. 4.1.1
Table of Dimenjibnal Requirements for relief from minimum lot area per dwelling unit;Sec. 8.4.8 Mechanical
Equipment and Refuse Storage to allow mechanical equipment within front yard or within twenty five (25)
feet of the side yard lot line; 8.4.13 Transitional Overlay District of the NRCC to allow less than the
required fifty foot (50� buffer, to exceed the maximum building height (feet and stories), and to
exceed the maximum fence height adjacent to non-residential uses.
3. The petitioner is seeking zoning relief to allow for the construction of a 29 unit residential
development at a combined site that includes 9 South Mason Street, 3A Buffum Street Extension and
23 Mason Street.
City of Salem Board of Appeals
March 1,2017
Project:9 S.Mason Street,3A Buffum Street Extension,23 Mason Street,23 %and 23R Mason Street
Page 2 of 5
4. 23 Mason Street and 3A Buffum Street Extension are non-conforming residential uses in an Industrial
(I) Zoning District.
5. The petitioner is not proposing any new construction on the property on 23 Mason Street.
6. At 3A Buffum Street Extension,there is an existing three-family dwelling unit that is structurally non-
conforming as to the side yard and front yard setbacks. The petitioner is proposing to expand the
existing non-conforming residential structure and use at 3A Buffutm Street Extension by expanding
the structure and creating four (4) additional dwelling units. The petitioner is requesting a special
permit under Sec. 3.3.2 Nonconforming Uses and 3.3.3 Nonconforming Structures of the Salem
Zoning Ordinance to extend a non-conforming residential use and structure.
7. At 3A Buff run Street Extension the petitioner is proposing to use the existing foundation and
completely renovate and expand the existing non-conforming structure. The petitioner is proposing to
increase the number of units at this location from three (3) to seven (7) units.
8. The property of 9 South Mason Street is located in the NRCC Zoning District and NRCC
Transitional Overlay District(TOD).
9. The TOD encompasses those parcels that are located at the boundaries of the NRCC District and
that also abut a residential zone (either directly or across a public way) or abuts a residentially used
parcel outside of the NRCC District This section of the Ordinance is intended to create development
in the NRCC District that will be compatible with the adjacent residentially zoned and used parcels.
10. The surrounding uses along the north, east and western boundaries of 9 South Mason Street are
residentially used parcels, and a 50'buffet area is required from which the petitioner is seeking relief.
11. The existing industrial building at 9 South Mason Street is within 50' of a residentially used parcel.
12. On the 9 South Mason Street property, the petitioner is proposing to reuse the existing industrial
building property and construct two (2) new residential structures of multiple units.
13. The petitioner is requesting the following dimensional variances from regulations of the NRCC
District and NRCC TOD:
a. The petitioner is requesting a variance from Sec. 8.4.13 of the Ordinance from the 50'ft
minimum buffer area requirement in the TOD. The Zoning Ordinance requires that no
construction or destruction of land shall take place within 50' feet from any residential use.
b. The petitioner is requesting a variance from maximum number of stories in the NRCC
TOD. The Zoning Ordinance per Section 8.4.13 requires that buildings located within fifty
(50) feet of a residentially zoned or used parcel shall be a maximum three (3) stories. The
petitioner is proposing to construct a fourth (4') story on the existing three (3) story
structure.
c. The petitioner is requesting a variance from maximum building height (feet) in the NRCC
TOD.The Zoning Ordinance per Sec.8.4.13 allows 40' feet where the petitioner is proposing
to construct to a height of 46' feet.
d. The petitioner is requesting a variance for mechanical equipment within the front yard and
within 25' of the side yard lot line. The petitioner is proposing air conditioning condensing
units behind Building #4 and Building#2 that are triggering the request for this variance.
City of Salem Board of Appeals
March 1,2017
Project:9 S.Mason Street,3A Buffum Street Extension,23 Mason Street,23 %z and 23R Mason Street
Page 3 of 5
e. The petitioner is proposing to locate the mechanical equipment on the ground and screened
with lattice.
f. The petitioner is requesting a variance to allow an increase in the height of fences where the
lot lines intersect non-residentially zoned and/or used parcels. The petitioner is proposing
an 8' foot high decorative wooden stockade fence where the maximum is 4' feet.
g. The Board found that uniformity of the fence height proposed around the property was
consistent with the City Ordinance and the Planning Board Decision.
h. The petitioner is requesting a variance from Sec. 4.1.1 Table of Dimen.aonal Bequitements for
minimum lot area per dwelling unit. This parcel is 1.01 acres. The petitioner is requesting a
density of 21.7 units per acre where the NRCC would allow 12.4 units per acre. The density
requested is in conformance with the density of other recently approved projects in the
NRCC.
14. The project has been reviewed by the Planning Board for Site Plan Review and a Flood Hazard
Overlay District Special Permit. Through this process, the project was peer reviewed and vetted for
impacts to traffic and civil engineering.
15. The location of the site in the Flood Hazard Overlay District relatively level topography, filled
tideland soil conditions,and consistent years of industrial use of this site requires significant
development costs due to environmental cleanup and the development of flood mitigation measures
including the regrading portions of the site.
16. The requested relief,if granted,would allow the petitioner to expand and redevelop two existing
buildings and construct two new buildings for a total of 29 dwelling units.
17. At the public hearing two (2) members of the public spoke in favor of, and none (0) in opposition to,
the petition.
The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and
after thorough review of the petition, including the application narrative and plans, and the Petitioner's
presentation and public testimony, makes the following findings that the proposed project meets the
provisions of the City of Salem Zoning Ordinance:
Findings for Special Permit:
The Board finds that the proposed extension of the existing non-conforming use and structure is not
substantially more detrimental than the existing non-conforming use and structure in that:
1. Social, economic and community needs are served by the proposal.
2. Traffic flow and safety,including parking and loading is adequate.
3. Adequacy of utilities and other public services have been peer reviewed and will be in accordance with
the requirements of the Planning Board decision.
4. Impacts on the natural environment,including drainage will remain the same have been peer reviewed
and will be in accordance with the requirements of the Planning Board decision.
City of Salem Board of Appeals
March 1,2017
Project: 9 S.Mason Street,3A Buffum Street Extension,23 Mason Street,23 %and 23R Mason Street
Page 4 of 5
5. The proposal fits with the character of the neighborhood.
6. Potential fiscal impact including impact on City tax base and employment is positive.
Findings for Variance:
1. There are special conditions and circumstances that especially affect the land, building, or structure
involved, generally not affecting other lands, buildings, and structures in the same district. The
property is unique as to the shape, the environmental contamination, filled tideland soils, flat
topography and existing industrial structure. As to the budding height, a comer of the existing
industrial structure is located within the NRCC TOD 50' setback from residentially used parcels and
thus subject to a height limitation of 40' ft and three stories,while the majority of the existing building
is subject to a height limitation of 50'ft and four stories.
2. Literal enforcement of the provisions of the Ordinance would involve substantial hardship to the
applicant due to associated cost to develop this parcel due to environmental contamination
remediation and flood mitigation costs.
3. 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.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted four (4) in
favor (Mr. Duffy (Acting Chair), Mr. Watkins, Mr. Hacker (alternate), and Mr. Viccica (alternate)) and
none (0) opposed, to grant a Special Permit under Sec. 3.3.2 Nonconforming Uses and 3.3.3 Nonconforming
Structures of the Salem Zoning Ordinance to extend a non-conforming residential use and structure; The
petitioner is also requesting Variances per Sec. 4./.1 Table of Dimensional Requirements for relief from
minimum lot area per dwelling unit; Sec. 8.4.8 Mecbanical Equipment and Refuse Storage to allow mechanical
equipment within front yard or within twenty five (25) feet of the side yard lot line; 8.4.13 Transitional
Overlay District of the NRCC to allow less than the required fifty foot (50) buffer, to exceed the maximum
building height (feet and stories), and to exceed the maximum fence height adjacent to non-residential
uses subject to the following terms,conditions and safeguards:
Standard Conditions:
1. Petitioner shall comply with all city and state statues,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 budding permit prior to beginning any construction.
5. Exterior finished of the new construction shall be in harmony with the existing structure.
6. A Certificate of Occupancy is to be obtained.
7. A Certificate of Inspection is to be obtained.
8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but
not limited to the Planning Board.
City of Salem Board of Appeals
March I,2017
Project:9 S.Mason Street,3A ButTum Street Extension,23 Mason Street,23 %:and 23R Mason Street
Page 5 of 5
Mi
Mike
e Duffy, c atr
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal from this derision,if any,shall be made purtuant to Section 17 of the Massachusetts General Laws Chapter 40A,and.shall be led natbin 10
days of fih'ng of Ibis deciaon in the office of the City Clerk Pursuant to the Massachusetts General Laws Chapter 40A, Semon 11, the Variance or
Special Pesmitgranted herein shall not take eject until a copy of the derision bearing the certificate of the 06v Clerk has been filed web the Essex South
Registry of Deeds.
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SP ENGINEERING, INC.
P.O. Box 848 • Salem, Massachusetts 01970 • Telephone: 978-745-4569 • Fax: 978-745-4881
February 11, 2017
Mayor Kimberley Driscoll
City Hall
93 Washington Street
Salem, MA 01970
Subject: Phase I Initial Site Investigation and Tier Classification
9 South Mason Street
Salem, Massachusetts
RTN 3-33324
Dear Mayor Driscoll:
On behalf of Nine South Mason Street Realty Trust, SP, Inc. notifies you that a
Phase I - Initial Site Investigation and Tier Classification have been prepared in
accordance with the Massachusetts Contingency Plan, 310 CMR 40.0000 for the
detection of heavy metals at the above-referenced property. A copy of this report may be
obtained from the Massachusetts DEP Searchable Sites Waste Site List/Site Files web
site http://public.dep.state.ma.us/wseviewer/main.aspx under Release Tracking Number
(RTN) 3-30380.
Also attached a copy of the legal notice, which was published in the Salem News on
January 18, 2017, the Disposal Site map, and a summary of findings and statement of
conclusions from the Phase I report.
Pursuant to the MCP, local officials or ten or more residents may request an opportunity
for public involvement activities. Such request shall be made in writing to Bruce Poole,
SP, Inc., 45 Congress Street, PO Box 848, Salem,MA 01970. The request shall be
copied concurrently to Northeast Regional office of the DEP.
Sincerely,
Bruce Poole, President
SP, Inc.
Attachment
c: Mark Morin
Larry Ramdin, Health Agent
Thomas St. Pierre,Director Inspectional Services
Rebecca Curran, Chair- ZBA
DEP, BWSC, Northeast Regional Office without attachment
Phase I—Environmental Site Assessment Summary
9 South Mason Street
Salem, Massachusetts
RTN 3-33324
The property at 9 South Mason Street(NSMSRT) originally was listed by the MassDEP with
RTN 3-3959 and considerable remediation has been conducted since 1992. This work involved
the removal of four underground storage tanks (USTs),that had leaked solvents. Methyl ethyl
ketone (MEK) acetone, and toluene were detected in soil and groundwater samples at
concentrations greater than the applicable reportable concentrations. Biological remediation and
groundwater monitoring was conducted for four years. The remediation was conducted under a
DEP approved waiver and a Class A-2 RAO was submitted by DeRosa Environmental
Consulting, Inc. (DeRosa) in August 1995.
A site inspection and Phase II update was conducted on July 23, 2015 by DeRosa that included
the drilling of five borings that were completed as monitoring wells. The purpose of the
subsurface investigation was to determine if past industrial activities of adhesive production,
leather manufacturing, underground storage tanks, and steel fabrication had resulted in a release
of OHM to the environment.
When the four chemical tanks and one fuel oil tank were removed in 1992, elevated
concentrations of VOCs were encountered in the soil around the tanks in the excavation(likely
from overfilling and a leaky MEK tank). This release was remediated and a class A-2 RAO filed
in 1995.
However, an area of grey/white coal ash with elevated concentrations of arsenic and lead in the
fill that had been used to raise a low area in the southeast comer was encountered during the
current investigation. The ash layer was found in a stratum approximately 2-5 feet below grade
and was situated on grey clay in the perched groundwater table. The layer contained glass,
bottles, and steel typical of a neighborhood bottle dump and zones of coal ash. To determine the
extent of the contamination five test pits were excavated on September 17, 2015 in the southeast
corner. The ash layer was contiguous over an area approximately 50 feet by 100 feet from the
south fence line to 30 feet from the driveway. NSMSRT submitted a"Release Notification&
Notification Retraction Form" (BWSC103)to MassDEP on December 18, 2015 as a result of the
identification of elevated concentrations of arsenic. The MassDEP issued RTN 3-33324 identify
this release.
Subsequently, on behalf of SP, Inc.,NSMSRT authorized the excavation and off-site disposal of
approximately 1,028 cubic yards of soil have been removed. A minor amount of additional soil
excavation may be required along the west sidewall to reduce the arsenic concentrations to less
than the Method-1, S-1 cleanup standards.
The result of the assessment concluded the following:
➢ Impacts to soil are due to localized historical dumping activities.
➢ Subsurface investigation and excavation have identified the extent of the affected area on
the Site.
➢ The release has not impacted other environmental media.
➢ No Imminent Hazard or other condition requiring IRA activities is present.
➢ Response actions may have satisfied the requirements for a Permanent Solution. Data
analyses are being conducted
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