BOA- 16, 18, 20R FRANKLIN STREET DECISION- STAMPED 12/3/2018 rOlMIT9
CITY OF SALEM MASSACHUSETTS
'9 BOARD OF APPEAL
r- 98 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970
KIMBERLEY DRISCOLL TEL:978-745-9595 ®O
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City of Salem Board of Appeals `•l•' '
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Petition of JUNIPER POINT INVESTMENT CO LLC requesting a special permit per Section
3.3.2 of the Salem Zoning Ordinance to change from one nonconforming use (junkyard and auto
service) to another nonconforming use (multifamily residential) and variances for relief from Section
4.1.1 Table of Diinensional Requirements for the minimum required lot area per dwelling unit and
maximum number of stories to construct 42 residential units within five buildings at 16, 18 & 20R
FRANKLIN STREET (Map 26, Lots 402,401&400) (NRCC and RC Zoning Districts).
A public hearing on the above Petition was opened on November 19,2018 pursuant to M.G.L Ch. 40A, � 11
and closed on that date with the following Salem Board of Appeals members present: Mike Duffy(Chair),
Peter A. Copelas,Jim Hacker,Patrick Shea,and Paul Viccica.
The Petitioner is requesting a special permit per Section 3.3.2 Nonconforming Uses of the Salem Zoning
Ordinance as well as two variances under Section 4.1.1 Table of Dimensional Requirements of the Salem Zoning
Ordinance.
Statements of fact:
1. In the petition date-stamped October 29,2018 the Petitioner requested variances under Section 4.1.1
Table of Dimensional Requirements to provide less than the minimum lot area per dwelling unit,proposing
2,350± square feet per dwelling unit when 3,500 square feet are required in the North River Canal
Corridor(NRCC) district, and to exceed the maximum height of buildings (stories),proposing 5
stories when 4 stories are allowed in the NRCC district. In the same petition,the Petitioner also
requested a special permit under Section 3.3.2 Nonconforming Uses to change from one nonconforming
use (junkyard and auto service) to another nonconforming use (multifamily residential) in a
Residential Conservation (RC) district.
2. Attorney Joseph Correnti presented the petition on behalf of petitioner Juniper Point Investment Co
LLC.
3. Most of the property is located in the NRCC district,and part of the property is located in the RC
district.As noted in Petitioner's application,`Buildings do not extend more than 30'into the RC
district,and the lot has frontage in both districts,as per the provisions of Lot Split by District
Boundary Line (52.4)."
4. The property currently operates as a junkyard and auto service shop,Ferris Auto Service.
5. The Petitioner is proposing to build 42 residential units within five buildings.
6. Previously,the Planning Board approved with conditions the Petitioner's application for Site Plan
Review and Special Permits under the North River Canal Corridor Neighborhood Mixed Use District,
Flood Hazard Overlay District,and Stormwater Management Permit.
City of Salem Board of Appeals
December 3,2018
Project: 16,18&20R Franklin Street
Page 2 of 4
7. The northern lot boundary,between the existing auto service shop and City-owned Furlong Park,is in
dispute.The proposed plan includes development of 16 parking spaces and vehicular access in or near
the disputed area.
8. With the 42 proposed units,lot area per unit would be 2,350± square feet.A minimum of 3,500
square feet per dwelling unit is required in the NRCC district. In the application,Petitioner notes the
need for environmental remediation due to junkyard and industrial use. Petitioner states in the
application that the"considerable costs" "associated with the remediation of the site"mean that"this
project would not be feasible without the requested relief." Petitioner is requesting a variance from
Section 4.1.1 Table of Dimensional Requirements to provide less than the minimum lot area per dwelling
unit.
9. The proposed"three midrise buildings located closer to the river" (per the application)would have a
height of five (5) stories: one (1) garage story and four(4) stories of living area.Petitioner notes that
the site is located in a flood zone,and that"[c]urrent regulations require that living area is elevated
above the flood plain."Petitioner is requesting a variance from Section 4.1.1 Table of Dimensional
Requirements to build five stories, one story greater than the allowed maximum height of buildings
(stories). The buildings will not exceed the maximum height of buildings (feet) of 50 feet.
10. The requested relief,if granted,would allow petitioner to change from one nonconforming use
(junkyard and auto service) to another nonconforming use (multifamily residential) in the Residential
Conservation zone,and would allow petitioner to provide less than required lot area per dwelling unit
and more than maximum number of stories (§4.1.1) to construct 42 residential units within five
buildings at 16, 18 &20R Franklin Street.
11. At the public hearing,Attorney Correnti presented information about the proposal,including the need
for remediation,the site's location in a flood zone,and the use of the first-floor garage story to elevate
living areas above the flood plain while meeting the parking requirements of the Ordinance.
12. At the public hearing, two (2) members of the public spoke in support and five (5) spoke in
opposition to the petition.
13. Also at the hearing, Chair Mike Duffy read letters from members of the public. Two (2) members of
the public wrote letters in support of the petition; one (1) member of the public wrote a letter in
opposition to the petition.
14. The Board discussed the project, including asking Mr. Corrend about anticipated costs of
remediation.
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 proposed nonconforming multifamily residential use is not substantially more
detrimental than the existing nonconforming junkyard use; indeed, the Board finds that the residential use is
"clearly less detrimental"than the existing use.
1. The social, economic, and community needs are served by the proposal with respect to the change
from one nonconforming use to another,less detrimental nonconforming use.
City of Salem Board of Appeals
December 3,2018
Project: 16,18&20R Franklin Street
Page 3 of 4
2. The project meets the parking requirements of the zoning ordinance. Proximity to the train station
may allow residents to cross over railroad tracks to get to the train station.
3. There are adequate utilities and public services in the area.
4. The proposed project's impacts on the natural environment, including drainage, would be uniformly
better than the impacts of the current use, especially regarding runoff into the canal and the adjacent
parkland.
5. The fact that this is a residential development helps this project fit into the neighborhood character.
Issues of building aesthetics were approved by the Planning Board.
6. The residential tax base would have a positive fiscal impact, and the project would have a positive
impact on short-term employment for construction and long-term employment for on-site
maintenance.
Findings for Variances:
The Board finds that the proposed use will not outweigh its beneficial impacts to the City or the
neighborhood. '
1. Several special conditions and circumstances affect the site, including its location in the flood plain,
which limits buildable area,and issues around soil and the need for environmental remediation.
2. Literal enforcement of the provisions of the Ordinance would involve substantial hardship to the
applicant. The enforcement of the minimum lot area per dwelling unit provision would be
burdensome, as the flood plain reduces buildable area on the lot and costs of environmental
remediation will be significant. The Board has seen that it can be difficult to build reasonably without
triggering the need for a variance from minimum lot area per dwelling unit requirements.
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 maximum height of the building in stories (5), if approved,would still not exceed the maximum
height of building in feet (50 feet); some members of the Board discussed the idea that the two
ordinances regarding building height (i.e.,the stories ordinance and the height ordinance);the fact that
it does not exceed the height in feet ordinance seems to mitigate the issue of height in stories.
On the basis of the above statements of facts and findings,the Salem Board of Appeals voted five (5) in favor
(Mike Duffy (Chair),Patrick Shea,Peter Copelas,Jim Hacker,and Paul Viccica) and none (0) opposed to
grant the requested special permit per Section 3.3.2 of the Salem Zoning Ordinance to allow the change from
one nonconforming use (junkyard and auto service) to another nonconforming use (multifamily residential)
and the requested variances from Section 4.1.1 Table of Dimensional Requirements for the minimum
required lot area per dwelling unit and the maximum number of stories to construct 42 residential units within
5 buildings at 16, 18&20R Franklin Street,subject to the following terms,conditions, and safeguards:
Standard Conditions:
1. 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. A Certificate of Occupancy is to be obtained.
City of Salem Board of Appeals
December 3,2018
Project: 16,18&20R Franklin Street
Page 4 of 4
6. 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
7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including,but
not limited to,the Planning Board.
Special Conditions:
1. A favorable outcome regarding the disputed land—approximately 25,000 square feet of the property—
in the developer's favor must be included in the project as presented.
Av G
Mike Duffy, air
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal fmm this decision,if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed nrithin 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 Permitgranted 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.