BOA_11 Orchard Street - Stamped Application Have a project#? 2021 FEB 2 3 AM 9* 4 5
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Zoning Board of Appeals Application A I )p_,41
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Contact Information
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William Quinn
Email address
blllquinnlaw@gmall.com
Phone Number
781-718-1355
Mailing Address
34 Shorewood Road , Marblehead, Massachusetts 01945
Location
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11 ORCHARD STREET
SALEM, MA 01970
Property Owner
William F Quinn
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110 CI rt!'"-,N11a(
Applicant Information
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Who is completing this online application?
Applicant Type
Representative
Applicant Information
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Petitioner Name
Erjola cani
Petitioner Street Address
11 Orchard Street
Petitioner city, State, Zip
Salem
Petitioner Telephone
978-32 -1980
Petitioner Email
e-can@hotmail.com
Is the Property owner the same as the Petitioner?
Ye s
Is the Petitioner being represented by another party{like an attorney, architect, or contractorp
Yes
Representative Name
William F. Guinn
Representative Street Address
27 Congress Street
Representative City, State, Zip
Salem, MA 01970
Representative Telephone
781-718-1355
Representative Email
blilquinnlaw@gmaii.com
Project Address and Application Information
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Use the above search bar to find the subject property by Address or by Parcel ID. The property
information will then automatically populate below.
The Undersigned represent(s) that they are the owner(s) of a certain parcel of land at the below
location.
Street Number
11
Street Name
ORCHARD STREET
Zoning District(s)
R2
Parcel ID
27-0434-0
Does this project include multiple addresses?
No
Why is this application being submitted to the Board of Appeals? The below statement must describe
what you propose to build, the dimensions, the zone property is in, and the zoning requirements.
(Example: I am proposing to construct a 10' x 10' one story addition to my home located at 3 Salem
Lane, in the R-2 Zoning District. The Zoning Ordinance requires the minimum depth of the rear yard to
be 30 feet. The current depth of my rear yard is 32 feet; the proposed addition would reduce the depth
of the rear yard to 22 feet.)
An application is being submitted to the Board of Appeals for the following reason(s):
Proposed to restore the former 3rd floor dwelling unit in existing 2-family structure on lot that also
contains an additional dwelling unit in a separate structure at rear of property. Legally compliant
parking for 6 vehicles will be provided per Plan submitted.
For the above reason(s), I am requesting:
Variance(s)
Special permit(s)
Comprehensive Permit for construction of low or moderate income housing
Appeal of a Decision of the Building Inspector
Variance(s):
Variance(s)from provisions of which section of the Zoning Ordinance?
Section 4.1.1 (Dimensional Requirements)
Which dimensional requirement(s)will not be met? Describe what is allowed and what you are proposing(sq. ft.,
stories, etc.).*
Minimal Lot Area per Dwelling Unit - Requirement is 7,500 sf/unit: 3 existing units have 2,370 sf of lot
area/unit; with 4 units will have 1,780 sf of lot area/unit
Special permit(s):
Special permit under which section of the Zoning Ordinance?
Section 3.3.2 (Nonconforming Uses)
Why is the special permit being sought?
Change of nonconforming use from 3 units to 4 unit
Current Property Use:
3 dwelling units in 2 structures
Proposed Use: *0
Residential Multifamily
Are lot dimensions included?
Yes
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning
Ordinance and allow the project to be constructed as per the plans submitted, as the enforcement of
said Zoning By-Laws would involve practical difficulty or unnecessary hardship to the Undersigned and
relief may be granted without substantially derogating from the intent and purpose of the Zoning
Ordinance.
Plans and Elevations
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Is construction or exterior alteration planned?
No
Is there any construction to an existing structure where the proposed work would affect the structure's footprint?
No
Are you seeking relief for building height(in feet and/or stories)?
No
Written Statement (Variance)
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For all Variance requests a written Statement of Hardship demonstrating the following must be included:
a) 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;
b) Literal enforcement of the Ordinance would Involve substantial hardship to the applicant; 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.
You may type the Statement of Hardship in the below text box and/or attach it as a separate document
in the Attachments section. If you will only attach the Statement separately, please note ''Attached
separately" in the text box below.
Statement of Hardship
There are two buildings existing on this lot. The main structure is very large, containing 12 rooms with 8
bedrooms. The design and historic use of the main structure has been as a 3-family, with one unit
located on each floor, as evidenced by the existence of full kitchen and plumbing connections on the
third floor. One unit is located on the first floor, and the second and third floor are presently used as one
over-sized 2-story unit. This apartment is not reasonably marketable, which constitutes a waste of
otherwise decent living space, and deprives the petitioner from making reasonable economic use of the
structure. These are all circumstances that especially affect the land and the structures involved, but
not other lands or structures in the same district, and involve a substantial hardship to the Petitioner.
Literal enforcement of the lot area per dwelling unit requirement deprives the petitioner from making
reasonable economic use of the structure as it was designed, and as it had been operated in the past.
Because the structure was designed for the proposed 3-family use, because no exterior changes or
expansion of the footprint or size of the structure are proposed, and because the Petitioner is providing
adequate and legally compliant on-site parking for 6 motor vehicles, the relief requested may be granted
without detriment to the public good, and without nullifying or substantially derogating from the intent
of the of the district or the purpose of the ordinance.
Written Statement (Special Permit)
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For all Special Permit requests a Statement of Grounds must be attached. An application for a special
permit for a nonconforming use or structure shall include a statement demonstrating how the proposed
change shall not be substantially more detrimental than the existing nonconforming use or structure to
the neighborhood in accordance with Section 9.4 Special Permits. Such a statement should include
reference the following criteria:
a) Social, economic, or community needs served by the proposal,
b) Traffic flow and safety, Including parking and loading;
c) Adequacy of utilities and other public services;
d) Impacts on the natural environment, including drainage;
e) Neighborhood character; and
f) Potential fiscal impact, including impact on City Tax base and employment.
You may type the Statement of Grounds in the below text box and/or attach it as a separate document
in the Attachments section. If you will only attach the Statement separately, please note "Attached
separatelyH in the text box below.
Statement of Grounds*
The proposed use of the main structure as a 3-family is consistent with the size of the main structure
and its original design and use as a 3-family with one unit located on each floor. No expansion or
enlargement of the structure is proposed, and adequate legal parking for all 4 units is being provided on-
site. Also,
a. the social need of the community for improved code-compliant family housing is served by this
petition.
b. traffic flow is unaffected and adequate parking is being provided.
c. all necessary public utilities exist at the site.
d. with no exterior work or enlargement of the building, there will be no impact on the natural
environment or drainage.
e. for the same reasons, there will be no negative impact upon the character of the neighborhood.
f. the improvements will result in the positive fiscal impact of increased the building's value and will
increase real estate tax payments to the City.
For these reasons, the proposed improvements will be no more detrimental to the neighborhood than
the existing nonconforming use.
Filing Fee Confirmation
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The Undersigned certify that all of the following payments have been delivered to the City of Salem
Department of Planning & Community Development (on separate checks):
1) Registry of Deeds Recording Fee: All applications require submittal of a $105.00 fee, paid with a check
payable to the "Southern Essex Registry of Deeds" for recording the decision. City Staff must receive
this check before adding an application to the next month I s public hearing agenda.
Registry of Deeds Recording Fee*
i& William F. Quinn 2) City Clerk Certification Fee: All applications require submittal of a $2.00 fee, paid
Feb 22, 2021 with a check payable to the "City of Salem'' to obtain a certified copy of the decision
from the City Clerk. City Staff must receive this check before adding an application to the next month s
public hearing agenda.
City Clerk Certification Fee
I& William F. Quinn
Feb 22, 2021
Attachments
Edit ... {/submit/ 82680/attachments)
Attachment File
..........
Attachment File
Statement of Hardship
For all Variance requests a written Statement of Hardship demonstrating the
following must be attached:
a)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: No file uploaded
b)Literal enforcement of the provisions of the Ordinance would involve
substantial hardship to the applicant:and
c)Desirable relief may be granted without substantial detriment to the public
good,and without nullifying or substantially derogating form the intent of the
district or the purpose of the ordinance.
Statement of Grounds
For all Special Permit requests a Statement of Grounds must be attached.An
application for a special permit for a nonconforming use or structure shall include
a statement demonstrating how the proposed change shall not be substantially
more detrimental than the existing nonconforming use or structure to the
neighborhood in accordance with Section 9.4 Special Permits.Such a statement
should include reference the following criteria: No file uploaded
a)Social,economic,or community needs served by the proposal;
b)Traffic flow and safety,including parking and loading:
c)Adequacy of utilities and other public services;
d)Impacts on the natural environment,including drainage;
e)Neighborhood character:and
f)Potential fiscal impact,including impact on City Tax base and employment.
City Clerk-Stamped Application
When you have completed all other parts of the application,please print two
copies of the petition form(plans do not need to be included),sign the petition No file uploaded
form,and bring it to the City Clerk to be filed and date-stamped.One stamped
copy of the application will be returned to you.Please take a photo or scan of the
stamped application and attach it here.
Salem News Form I Required
Please complete,sign,and upload the Salem News Form,available here:
https://www.salem-com/sites/g/files/vyhlif3756/f/uploads/salem_news_form....
(https://www.salem.com/sites/g/files/vyhlif3756/f/uploads/salem_news_form... Salem News Form Attachment.pdf
If paying by credit card(which is preferred),please write"Credit card"instead of a
Uploaded on Feb 22,20212:39 PM
check number-in the space provided.
Do not write your credit card number on this farm-you will be provided
with payment information at a later date.
Extra Attachments 11 orchard St.pdf Extra Attachments 11 orchard St.pdf
Uploaded on Feb 22,20212:39 PM
I certify under possible penalty of perjury under the laws of this jur�.sdiction that the preceding
information is true and correct. '
v
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