BOA_5 Harbor Street - Application City of Salem, MA 2920 DEC 22 AM 10: '13b
CITY CLERK 12/21/2020
ZBA-20-6
SALEMMASS
Zoning Board of Appeals Application
Status: Active Date Created: Dec 21, 2020
Applicant Location
William Quinn 5 HARBOR STREET
billquinnlaw@gmail.com SALEM, MA
34 Shorewood Road Owner: Leoncio Vizcaino
Marblehead, Massachusetts 01945 5 Harbor Street, null, Salem, Massachusetts
01945
Applicant Information R E C, F I V E D
Applicant Type DEC 22 2020
Representative
DEPT. OF PLANNING &
COMMUNITY DEVELGPtAENT
Applicant Information
Petitioner Name Petitioner Street Address
Leoncio Vizcaino 5 Harbor Street
Petitioner City, State, Zip Petitioner Telephone
Salem, MA 01970 978-804-7088
Petitioner Email
vizcainoleoncio@gmail.com
Is the Property Owner the same as the Petitioner?
Yes
Is the Petitioner being represented by another party(like an attorney,architect, or contractor)?
Yes
Representative Name Representative Street Address
William F. Quinn, Esq. 27 Congress Street, Suite 414
Representative City, State, Zip Representative Telephone
Salem, MA 01970 978-745-8065
Representative Email
billquinnlaw@gmaii.com
Project Address and Application Information
Street Number Street Name
5 HARBOR STREET
Zoning District(s) Parcel ID
B5 34-0411-0
An application is being submitted to the Board of Appeals for the following reason(s):
Proposing to construct a 5-story addition containing 10 residential dwelling units above the existing
1-story structure .
Variance(s) Special permit(s)
G G
Variance(s) from provisions of which section of the Zoning Ordinance?
To vary 5.1.9 (a-d) (parking for new residential units added to existing buildings in the B-5 District)
Which dimensional requirement(s) will not be met? Describe what is allowed and what you are proposing
(sq.ft., stories, etc.).
To allow the petitioner to provide each of the newly constructed units with the required (1) off-
street parking space by use of annual parking contracts with the City of Salem Museum Place
Garage, which is more than 1,000 away from the property, or other parking facilities in the vicinity
of the property.
Special permit under which section of the Zoning Ordinance?
Sections 3.3.2 and 9.4.2 for a Special Permit to allow the existing non-conforming accessory
parking to be changed to allow the petitioner to provide each unit with the required (1) off-street
parking space by use of annual parking contract with the City of Salem Museum Place Garage,
which is more than 1,000 feet away from the property (by Section 5.1.9, or other parking facilities in
the vicinity of the property, which change would be no more detrimental to the neighborhood than
the existing use.
Why is the special permit being sought? Current Property Use:
Because no annual parking contracts are Commercial Services
available at any other municipal parking facility.
Proposed Use:
Residential Multifamily
Are lot dimensions included?
Yes
Plans and Elevations
Is construction or exterior alteration planned?
Yes
Is this new construction?
No
Is there any construction to an existing structure where the proposed work would affect the structure's
footprint?
Yes
Are you seeking relief for building height(in feet and/or stories)?
No
Written Statement (Variance)
Statement of Hardship
This property is located in, but on the very outskirts of the B-5 District. Despite the applicable
zoning offering parking relief to developers in B-5 through the option of providing off-site parking
for new residential units in municipal parking garages within 1,000 feet, there are no such
municipal parking facilities within 1,000 feet of this property, and, according to the City of Salem
Parking Authority, the only municipal parking facility that has room to contract with the owner of a
new residential development is the Museum Place Parking Garage, which is located about 1,400
feet away from the property. The property is abutted on two sides by, and the character of the
neighborhood includes many multifamily, multistory buildings.
The small size of this lot, the location of the existing building covering most of the lot, together with
the unique circumstances where it is too distant from municipal parking facilities to comply with
the 1,000 foot distance limit, are circumstance unique to this property, and the literal enforcement
of the 1,000 foot distance limit creates a substantial hardship to the applicant, financial and
otherwise, by unduly limiting the ability of the petitioner to make reasonable economic use of his
property.
Because the B-5 District was enacted by the City to encourage and foster economic development
more concentrated than in areas outside of the downtown, and because the use of municipal
parking facilities is specifically offered as a means to allow such development without burdening
the neighborhood with excessive on-street parking, this petition can be granted without substantial
detriment to the public good, and without nullifying or substantially derogating from the intent of
the B-5 District, or the purpose of the Zoning Ordinance.
Written Statement (Special Permit)
Statement of Grounds
The Petitioner seeks a Special Permit under Ordinance Section 3.3.2 and 9.4 to change the existing
non-conforming accessory parking on the property to another non-conforming accessory parking
use by allowing the off-street parking for the development to be provided in the City of Salem
Museum Place Parking Garage or other parking lots within the vicinity of the property, rather than
within 1,000 feet of the property as required by Section 5.1.9 (2) (d).
Pursuant to the site plan of existing conditions submitted, the existing parking on site is not
complaint with the parking dimensions or access required by the Ordinance. Because there is no
available municipal parking facility within 1,000 feet of the property, and because the only
municipal parking facility available is the Museum Place Parking Garage, which is about 1,400 feet
from the property, the petitioner seeks a Special Permit to change from one nonconforming
accessory use to another which is no more detrimental to the neighborhood than the existing use.
Petitioners therefore seek approval of a Special Permit under Section 3.3.2, which provides that the
Board of Appeals may award such a special permit "if it determines that such change shall not be
substantially more detrimental than the existing nonconforming use to the neighborhood."
This proposed modification will not be substantially more detrimental than the existing structure to
the neighborhood, based upon the following criteria:
The social, economic and community need to provide additional, code compliant family housing is
served by this proposal.
Traffic flow and safety are unaffected because, under this proposal, the required off-street parking
is being provided for each dwelling unit.
Adequate utilities and public services already service the property.
Impact on the natural environment and drainage are unaffected because the structure is being
extended upward over the existing building footprint.
The proposed addition is designed to be consistent with and complementary to the design of those
in the neighborhood, so should have no negative impact the character of the neighborhood, and
the proposed project will increase the assessed value of the property, thus having a positive fiscal
impact on the City by generating increased real estate tax revenue for the City.
Signature
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