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boa_decision_-_106_bridge_st._-_stamped 10.26.2018 CITY OF SALEM MASSACHUSETTS BOARD OF AT PEAL 98 WASHINGTC4N STRL'L'I'♦ S11LFs141,Tl11.&,jcHUSLY IS 01970 Kthn�FRr.FYDRTScoi,r. TLLL:978-745-9595 ♦ F�1x:94-740-9846 MAYOR cm October 26, 2018 i v>ca c) Decision rz ry ir-C, City of Salem Board of Appeals fir— M cn:x co Petition of JUNIPER POINT INVESTMENT Co LLC, requesting a Vt q g a special prm�t pet &c. 3.3.2 Nonconforming Uses to allow a change from one non-conforming use (automobile repair garage) OPanother non-conforming use (residential multi-family) to construct 2 buildings, each consisting of four (4) residential townhouse style dwelling units. The petitioner is also requesting Variances per Sec. 4.1.1 Table of Dimensional Requirements from the required minimum lot area per dwelling unit, minimum depth of front yard, and minimum depth of rear yard at 106 BRIDGE STREET (Map 36,Lot 73) (R-2 and ECOD Zoning District). A public hearing on the above Petition was scheduled for September 19,12018.but then continued to October 17, 2018. The public hearing pursuant to M.G.L Ch. 40A, § 11 was ope�ed on October 17, 2018 and closed on that date with the following Salem Board of Appeals members presenrt: Mike Duffy (Chair),James Hacker, Patrick Shea, and Paul Viccica. Statements of fact: u tti 1. Attorney Joseph C. Correnti presented the petition on behalf of the petitioner. i 2. The property is located in the R-2 Zoning District and Entrance Corridor Overlay District. 3. In the petition date-stamped August 23, 2018, the petitioner requested a special permit per Sec. 3.3.2 Nonconforming Uses to allow a change from one non-conforming use (automobile repair garage) to another non-conforming use (residential multi-family) to construct 2 buildings, each consisting of four (4)residential townhouse style dwelling units. The petitioner is also requesting Variances per Sec. 4.1.1 Table of Dimensional Requirements from the required minimum lot area per dwelling unit,minimum depth of front yard, and minimum depth of rear yard. 4. Petitioner's proposal will have 1,670 +/- square feet of lot area per dwelling unit, versus a minimum of 7,500 square feet required by zoning; front yard depth of 1.6 feet versus a minimum of 15 feet required by zoning,and minimum rear yard depth of 5.2 feet versus 30 feet required by zoning. 5. Four members of the public spoke in favor of the petition and four spoke in opposition at the public hearing. 6. The Board received three emails in favor of the petition and f'ur.in opposition, which were either read or summarized during phe hearing. 7. The proposal includes the closure of several curb cuts at the s e, including the curb cut on Bridge Street, near the traffic light at Bridge Street and Webb Sej t, which will remove a dangerous condition. 8. The site is currently used as an auto repair garage and has histoii�-ally been used for other auto-related purposes. Consequently, the cost of improving the environmental condition to residential standards is quite substantial. City of Salem Board of Appeals October 26,2018 Project: 106 Bridge Street Page 2 of 3 9. The proposed buildings are similar in scale and character to other buildings in the neighborhood. 10. The location of the proposed buildings will help to maintain an!liactive and pedestrian friendly streetscape. 11. The petitioner considered different configurations of buildings and number of units, and the petitioner demonstrated that the building footprint envelope prevented any desirable and feasible as of right construction and use of the lot. 12. The residential use is similar in character to other surrounding residential uses. 13. The existing building will be demolished, which also increases the costs of development, and the site will be improved with new buildings and landscaping. 14. Existing trees will be maintained wherever possible. 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 change in one non-conforming use (automobil' garage) to another non-conforming use (residential multi-family) is not�-ubstantially more detrimental than 't e e fisting use to the neighborhood. 1. Social, economic and community needs s; rved by the propo al as additional dwelling units will provide housing to the community. i 2. Traffic flow and safety, including parking and loading is adequ ,te and the elimination of a curb cut will mitigate the traffic impacts in a congested intersection. 3. Adequacy of utilities and other public services will not be negatively impacted. 4. Impacts on the natural environment, including drainage will be positive. The proposed development will result in cleanup of soil conditions on the site and any draining impacts are anticipated to be minor. 5. The proposal fits with the character of the neighborhood. 6. The proposed project will generate 4-5 times the amount of taxes to the City compared to the existing automotive use. Findings for Variances: 1. Special conditions and circumstances especially affect the land, building, or structure involved, generally not affecting other lands, buildings, and structures in the same district. Specifically, the property abuts streets on thpee sides and the application of the literal dimensional requirements would limit the developable area of the site to a il small area in the middle of the property not suitable to reasonable redevelopment. 2. Literal enforcement of the provisions of the Zoning Ordinance*ould involve substantial hardship to the applicant.;Specifically, limiting development of the site to th4,literal dimensions under the Zoning Ordinance severely constrains any potential development to a point where it is either impractical or financially not feasible for the developer, which faces substantial costs for demolition of the existing building and addressing the soil conditions of the site. City of Salem Board of Appeals October 26,2018 Project: 106 Bridge Street Page 3 of 3 3. Desirable relief may be granted without ;substantial detriment to the public good, and without nullifying or substantially derogating from the intent of the distil t or the purpose of the ordinance. On the basis of the above statements of facts and findings, the Salem',) oard'of Appeals voted four in favor I (Mike Duffy [Chair],'James Hacker, Patrick Shea, ,'and Paul Viccica) 40 none opposed, to grant a special permit per Sec. 3.3.2 Nonconforming Uses to allow a change from one non-conforming use (automobile repair garage) to another non-conforming use (residential multi-family) construct 2 buildings, each consisting of four (4) residential townhouse style dwelling units, and Variances per Sec. 4.1.1 Table of Dimensional Requirements from the required minimum lot area per dwelling unit, minimum depth of front yard, and minimum depth of rear yard, 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 finishes of the ne !construction shall be in harmony wil' �_,, �, y tl4e neighborhood. 6. A Certificate of Occupancy is to be obtained. rl� 7. A Certificate of Inspection is to be obtained: 8. Petitioner shall obtain street numbering from the City of SaIJ4 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. Special conditions: 1. Prior to issuance of a building permit, petitioner shall submit to the Department of Planning & Community Development, for review and approval, a site plan including landscaping, lighting, and trash disposal. 2. Prior to issuance of a building permit, petitioner shall submit to the Department of Planning & Community Development, for review and approval,final construction plans and mock ups. 3. Light trespass onto adjacent parcels/rights of way, shall be avoided. f I' Mike Duf , air Board of Appeals i i 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 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 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 ofDeeds.