BOA 94 WASHINGTON SQUARE EAST STAMPED DECISION 7.3.2018 � X� CITY OF SALEM MASSACHUSE. �f TTS
BOARD OF APPEAL 2010 JUL _
3 PM
98 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970 CITY CLERK
KiMBERLEY DRISCOLL TELE:978 745 9595♦ FAX:978-740-9846 SAL EPA, 141A SS
MAYOR
, uul a 2018
Decision
City of Salem Board of Appeals
Petition of SPIRE INVESTMENTS, LLC seeking a special permit per sec. 3.3.2 Nonconforming Uses to
change the existing non-conforming function hall into a multi-family residential use. The petitioner is also
requesting variances from the provisions of sec. 3.3.4 and sec. 4.1.1 Table of Dimensional Requirements, of
the Salem Zoning Ordinance, for lot area per dwelling unit, number of stories, height, front yard and side
yard setbacks to allow a two-story addition to the existing one-story rear structure at 94 WASHINGTON
SQUARE EAST (Map 35 Lot 536) (R-2 Zoning District).
A public hearing on the above Petition was opened on April 18, 2018 pursuant to M.G.L Ch. 40A, § 11 and
continued to May 16, 2018 and June 20, 2018. The public hearing was closed on that date with the following
Salem Board of Appeals members present: Peter A. Copelas (Vice-Chair),Mike Duffy,Jimmy Tsitsinos, Chris
Drucas,and Paul Viccica.
The petitioner is seeking a special permit per Sec. 3.3.2 Nonconforming Uses to change the existing non-
conforming function hall into a multi-family residential use. The petitioner is also requesting variances from
the provisions of sec. 3.3.4 and sec. 4.1.1 Table of Dimensional Requirements, of the Salem Zoning
Ordinance, for lot area per dwelling unit,number of stories, height, front yard and side yard setbacks to allow
a two-story addition to the existing one-story rear structure.
Statements of fact:
1. In the petition date-stamped March 23, 2018, the petitioner requested a special permit per Sec.3.3.2
Nonconforming Uses to change the existing non-conforming function hall into a multi-family
residential use. The petitioner is also requesting variances from the provisions of sec. 3.3.4 and sec.
4.1.1 Table of Dimensional Requirements, of the Salem Zoning Ordinance, for lot area per dwelling
unit, number of stories, height, front yard and side yard setbacks to allow a two-story addition to the
existing one-story rear structure.
2. Attorney Scott Grover-presented the petition.
3. The property is located in an R-2 Zoning District.
4. The Silsbee,Nathaniel House, also known as the Knights of Columbus Hall,is a federal style building
that was constructed in 1818. It is also a contributing building in the Salem Common National
Historic District.
5. The petitioner is proposing to change the existing non-conforming Knights of Columbus function
hall into a multi-family residential use. In the original petition, the petitioner proposed to construct
twenty (20) residential units. The petitioner proposed to restore the existing interior and exterior of
the front historic mansion and also proposing a rear two (2) story addition on the existing rear one-
story attached structure.
City of Salem Board of Appeals
July 3,2018
Project 94 Washington Square East
Page 2 of 4
6. In the original petition, the proposed redevelopment required variances per Sec. 3.3.4 and Sec. 4.1.1
Table of Dimensional Requirements, of the Salem Zoning Ordinance, for lot area per dwelling unit,
number of stories, height, front yard and side yard setbacks. The minimum lot area per dwelling unit
requirement in the R-2 Zoning District is 7,500 square feet. As proposed, the lot area per dwelling
unit was approximately 1,251 square feet. The proposed rear addition was approximately forty (40)
feet and three stories in height, which exceeds the 35 feet and 2.5 stories that is permitted in the R-2
Zoning District. The petitioner also requested a variance from the front yard setback requirement to
allow an architectural feature of the proposed new addition to encroach into the setback. The last
variance requested, was for relief from the side yard setback to allow the petitioner to construct a
trash/recycling shed to be approximately 3.4 feet from the left side line, where a distance of ten (10)
feet is required.
7. The petitioner proposed to convert the front mansion building into five (5) residential dwelling units
and have fifteen (15) units in the rear expanded addition. As for parking, the petitioner proposed
thirty (30)parking spaces,which complied with the requirements of the zoning ordinance.
8. At the April 18, 2018 Board of Appeals public hearing, the Board requested that the petitioner
provide a supporting memorandum with a legal opinion and case law to demonstrate the thresholds
of what constitutes a hardship for a variance request. Members of the Board also requested changes
to the proposal including eliminating some variances particularly for the requested relief for height
and front yard setback.
9. In a letter dated May 15, 2018, the petitioner provided a memorandum to the Board for consideration
in support of the requested variances. In particular, the literal enforcement of the hardship would
create a substantial hardship to the petitioner due to the unique shape, size and historical nature of the
building on the property. The petitioner stated that a substantial hardship, financial or otherwise, is
satisfied when it is not `economically feasible or likely that the locus would be developed in the future
for a use permitted by the zoning ordinance or bylaw.'
10. The existing structure is a 20,224 +/- square foot historic structure with a three-story brick mansion
and one-story annex on 25,032 square foot lot in the R-2 Zoning District. If the dimensional
requirements of the Salem Zoning Ordinance were literally enforced, the minimum lot area per
dwelling unit of 7, 500 square feet would allow only two (2) residential units at the property. Due to
the unique shape, size and historic character of the building, the petitioner stated that the restoration
of the historic structure would not be economically feasible or likely that the property would be
developed for a use permitted by the zoning ordinance or by-law.
11. At the May 16, 2018 meeting, the Board requested that the petitioner provide a pro forma and
alterations to the plans to consider the elimination of the number of variances requested.
12. At the June 20, 2017 meeting, the petitioner presented a project pro forma, a revision to the original
plans and supplemental information regarding the density within the neighborhood.
13. The changes to the plans included the following: a reduction in the number of units from twenty (20)
units to eighteen (18) residential units; a reduction in the height of the building from forty (40) feet to
thirty (35') feet, eliminating the need for a height variance and allowance for the relocation of
mechanical equipment from the roof to within the building;redesign of the facade of the rear addition
to step it back from Briggs Street, eliminating the need for a front yard setback variance; a reduction
of three (3) parking spaces to meet the zoning requirements to allow for more open space, improve
circulation and also provide an alternative location to the proposed trash and recycling shed
eliminating the need for a side setback variance.
City of Salem Board of Appeals
July 3,2018
Project 94 Washington Square East
Page 3 of 4
14. As modified, the petitioner requested a special permit per Sec. 3.3.2 Nonconforming Uses to change
the existing non-conforming function hall into a multi-family residential use and requesting variances
from the provisions of sec. 3.3.4 and sec. 4.1.1 Table of Dimensional Requirements, of the Salem
Zoning Ordinance, for lot area per dwelling unit and number of stories to allow the construction of a
two (2) story rear addition to the existing one-story structure.
15. The requested relief, if granted, would allow the Petitioner change the existing non-conforming
function hall into a multi-family residential use and construct a two (2) story addition to the existing
one-story structure.
16. At the public hearing four (4) member of the public spoke in opposition and three (3) spoke in favor
of 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 proposed change from a non-conforming function hall to a multi-family residential structure will not be
substantially more detrimental that the existing non-conforming use.
1. There are positive impacts on the social, economic and community needs by providing additional
housing options in the City.
2. There are no impacts on traffic flow and safety,including parking and loading.
3. The capacity of the utilities is not affected by the project.
4. There are no impacts on the natural environment,including drainage.
5. The residential use, historic preservation of the main building, and new addition are all in keeping
with the existing neighborhood character.
6. The potential fiscal impact,including impact on the City tax base is positive.
Findings for Variances:
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
building is a prominent historic mansion with a large one-story addition. The total interior square
footage of the building is 20,244 +/- square feet. The petitioner plans to restore the main building to
the historically appropriate standards and create a structure that is in harmony with the existing
neighborhood.
2. Literal enforcement of the provisions of the Ordinance would involve substantial hardship to the
applicant as only two (2) residential units could be constructed. This reuse is impractical and would
prevent any reasonable re-use of this property. Further, the proposed density is needed to support the
restoration of the mansion and the density requested is in keeping with the existing density of the
neighborhood.
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.
The proposed change from the existing non-conforming function hall to a residential use is more
consistent with the underlying zoning than the existing commercial use.
City of Salem Board of Appeals
July 3,2018
Project 94 Washington Square East
Page 4 of 4
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted four (4)(Peter
A. Copelas (Vice-Chair), Mike Duffy, Jimmy Tsitsinos, and Paul Viccica) in favor and one (Chris Drucas)
opposed,to grant a special permit per sec. 3.3.2 Nonconforming Uses to change the existing non-conforming
function hall into a multi-family residential use and variances from the provisions of sec. 3.3.4 and sec. 4.1.1
Table of Dimensional Requirements, of the Salem Zoning Ordinance, for lot area per dwelling unit and
number of stories, to allow a two-story addition to the existing one-story rear structure subject to the
following terms, conditions and safeguards:
1. The Petitioner shall comply with all city and state statutes, 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 building permit prior to beginning any construction.
5. Exterior finishes of new construction shall be in harmony with the existing structure.
6. A Certificate of Inspection shall be obtained.
7. A Certificate of Occupancy shall be obtained.
8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including,but
not limited to, the Planning Board.
Q
Peter A. Copelas,Vice Chair
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal from this decision,if any,shall be made pursuant to Section 17 of the Mauachusettr General Laws Chapter 40A, and shall be filed vvitbin 20
days of filing of this decision in the ofce of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or
Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has been filed with the Essex South
Registry of Deeds.