BOA 67-71 BRIDGE STREET - STAMPED DECISION - 8/1/2018 CITY OF SALEM, MASSACHUSETTS
BOARD OF APPE
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KIMBEnEYDRiscoLL TELE:978-745-9595♦FAX:978-740-9846 SALEM. MASS
MAYOR
August 1, 2018
Decision
City of Salem Board of Appeals
Petition of 71 BRIDGE STREET LLC,seeldng a special permit per Sec.3.3.2 Nonconforming Uses,
to allow an extension of a non-conforming use in order to discontinue the first floor commercial unit
and allow two additional dwelling units. The petitioner is also seeking Variances from the provisions
of Sec. 5.1.5 and Sec. 5.1.6 Off-Street Parking to allow six (6) nonconforming 8'x 16'parking spaces,
and for those six (6) nonconforming parking spaces to be within two(2) feet from the lot line at 67-71
BRIDGE STREET (Map 36 Lots 339,340)(B-4 Zoning District).
A public hearing on the above Petition was opened on June 6, 2018 pursuant to M.G.L Ch. 40A, 11. The
public hearing was continued to July 18, 2018 and closed on that date with the following Salem Board of
Appeals members present: Peter A. Copelas (Vice-Chair), Mike Duffy,Jimmy Tsitsinos, Chris Drucas,Jim
Hacker.
The petitioner is seeking a special permit per Sec. 3.3.2 Nonconforming Uses,to allow an extension of a non-
conforming use in order to discontinue the first floor commercial unit and allow two additional dwelling
units. The petitioner is also seeking Variances from the provisions of Sec. 5.1.5 and Sec. 5.1.6 Of
Parking to allow six (6) nonconforming 8' x 16'parking spaces, and for those six (6) nonconforming parking
spaces to be within two (2) feet from the lot line.
Statements of fact:
1. Attorney Stephen Lovely presents the petition on behalf of the petitioner.
2. The property is located in the B-4 Zoning District.
3. In the petition date-stamped April 24, 2018, the petitioner requested a special permit per Sec. 3.3.2
Nonconforming Uses,to allow an extension of a non-conforming use in order to discontinue the first
floor commercial unit and allow two additional dwelling units. The petitioner also requested Variances
from the provisions of Sec. 5.1.5 and Sec. 5.1.6 Off-Street Parking to allow six (6) nonconforming 8'x
16'parking spaces, and for those six (6) nonconforming parking spaces to be within two (2) feet from
the lot line.
4. The property is located in the B-4 Zoning District.
5. The property consists of two (2) buildings on a merged lot at 67-71 Bridge Street. The building on the
comer of Lathrop Street and Bridge Street (67 Bridge Street) currently has a first floor commercial
unit and two (2) upper residential units.The building at 71 Bridge Street has three (3)residential units.
6. The petitioner is proposing to alter the existing structures and convert the first floor commercial unit
at 67 Bridge Street into two (2) dwelling units.
7. To accommodate the required parking, the petitioner is proposing to demolish the rear carriage house
that is attached to the existing structure at 67 Bridge Street. As the building over 50 years old, the
City of Salem Board of Appeals
August 1,2018
Project: 67-71 North Street
Page 2 of 3
Historic Commission has the jurisdiction to review the demolition of the carriage house through the
demolition delay ordinance.
8. At the June 6, 2018 public hearing, the Board expressed concern about the originally proposed
circulation and parking area. Specifically, the Board requested that the petitioner demonstrate that the
proposed parking spaces and circulation could be utilized as proposed.
9. The petitioner submitted a letter dated July 2, 2018, from registered professional land surveyor Gail
Smith,which showed a revised plot plan dated June 8, 2018 that included two (2) easements to allow
use of adjacent property at 4 Lathrop Street and 77 Bridge Street to allow for adequate circulation and
not require the originally requested variances.
10. As revised, the proposal a special permit per Sec. 3.3.2 Nonconforming Uses,to allow an extension of
a non-conforming use in order to discontinue the first floor commercial unit and allow two additional
dwelling units for a total of six (6) residential units between the two (2) existing buildings at 67 and 71
Bridge Street.
11. At the July 18, 2018 public hearing, the petitioner presented a revised plot plan dated June 8, 2018,
which shows changes to the parking layout,parking space sizes,two (2) easements and the elimination
of an addition that was proposed to connect the two (2) buildings in the original petition. At this
public hearing,the petitioner also presented significant architectural changes from the original petition
and included changes to the architectural features, height, design and proposed connection along
Bridge Street between the two (2) structures.
12. The requested relief, if granted, would allow the Petitioner to discontinue the first floor commercial
unit and allow two additional dwelling units for a total of six (6) residential units between the two (2)
buildings with associated parking.
13. At the public heating two (2) members of the public spoke in favor and none (0) spoke 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 Permits:
The Board finds that the change in one non-conforming use to another non-conforming use
substantially more detrimental than the existing use to the neighborhood.
1. Social, economic and community needs served by the proposal as additional dwelling units would
provide housing to the community.
2. Traffic flow and safety,including parking and loading is adequate.
3. Adequacy of utilities and other public services will not be negatively impacted.
4. Impacts on the natural environment,including drainage will remain the same.
5. The proposal fits with the character of the neighborhood.
6. Potential fiscal impact,including the impact on City tax base and employment is positive.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5)in favor
(Peter A. Copelas (Vice-Chair), Mike Duffy, Jimmy Tsitsinos, Chris Drucas, Jim Hacker) and none (0)
opposed, to grant a special permit per Sec. 3.3.2 Non-Conforming Uses to allow the petitioner to discontinue
City of Salem Board of Appeals
August 1,2018
Project: 67-71 North Street
Page 3 of 3
the first floor commercial unit and allow two additional dwelling units for a total of(6) units, 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 building 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 Ocrupancy is to be obtained.
7. A Certificate of Inspection is to be obtained.
8. Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall display
said number so as to be visible from the street,if needed.
9. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including,but
not limited to the Planning Board.
'' r
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 form this decision,if airy,shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A,and shall be filed within 20
days of filing of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A,Section 11, the Variance or
Special Pemritgranted herein shall not take effect until a copy of the decision beanng the certificate of the Cad Clerk has been filed with the Essex South
kegistry of Deeds.