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boa_46_washington_square_south_-_stamped_decision 7.2.2020 /C NDQ, CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS 98 WASHINGTON STREET ♦SALEM,MASSACHUSETTS 01970 N KIMBERLEY DRISCoLL TEL:978-619-5685 C= M9YOR > July 2, 2020 - ; ma Decision it City of Salem Board of Appeals cn .. Petition of THREE CORNERS REALTY LLC and property owner CASTINE REALTY'MUST for a variance per Section 4.1.1 Table ofDimensional Regt rements from minimum lot area per dwelling unit and a special permit per Section 3.3.2 Nonconforming Uses to change from one nonconforming use (funeral home) to another nonconforming use (three-family home) at 46 WASHINGTON SQUARE SOUTH (Map 35,Lot 424) (R2 Zoning District). A public hearing on the above Petition was opened on March 18,2020 pursuant to M.G.L Ch. 40A, 5 11. No testimony was heard on March 18,2020. The hearing was continued to April 15, 2020, and closed on April 15,2020,with the following Salem Board of Appeals members present: Peter A. Copelas, Mike Duffy (Chair), Rosa Ordaz,Steven Smalley, and Paul Viccica. At the March 18, 2020 meeting,Peter A. Copelas,Mike Duffy (Chair), Carly McClain, Rosa Ordaz, and Steven Smalley were present;Jimmy Tsitsinos and Paul Viccica were absent. At the April 15,2020 meeting, Peter A. Copelas,Mike Duffy (Chair),Rosa Ordaz, Steven Smalley, and Paul Viccica were present, as noted above; Carly McClain and Jimmy Tsitsinos were absent. The petitioner seeks a variance per Section 4.1.1 Table of Dimensional Requirements from minimum lot area per dwelling unit and a special permit per Section 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance to change from one nonconforming use (funeral home) to another nonconforming use (three-family home) at 46 Washington Square South. Statements of Fact: 1. In the petition date-stamped January 28,2020, the petitioner requested a variance per Section 4.1.1 Table of Dimensional Requirements from minimum lot area per dwelling unit and a special permit per Sections 3.3.2 Nonconforming Uses and 9.4.2 Special Permits: Criteria of the Salem Zoning Ordinance to "convert and change from existing funeral home use to no more detrimental 3-family use." 2. 46 Washington Square South is owned by Castine Realty Trust.A consent letter from Anthony C. O'Donnell,Trustee of Castine Realty Trust permitting Three Corners Realty LLC to file a petition on their behalf was submitted to the Board. 3. 46 Washington Square South is a funeral home, a nonconforming use in the Residential Two-Family (112) zoning district. 4. The proposal is to change from one nonconforming use (funeral home) to another nonconforming use (three-family home). The petitioner appropriately sought a special permit per Section 3.3.2 Nonconforming Uses for this use change. Page 1 of 4 City of Salem Board of Appeals July 2,2020 Project:46 Washington Square South Page 2 of 4 5. 46 Washington Square South would not meet the minimum lot area (15,000 square feet) not the minimum lot area per dwelling unit (7,500 square feet) even if only one dwelling unit were provided. With three units proposed,a variance from minimum lot area per dwelling unit is required. 6. The requested relief,if granted,would allow the petitioner to change from one nonconforming use (funeral home) to another nonconforming use (three-family home) at 46 Washington Square South. 7. Due to the ongoing COVID-19 pandemic and related precautions and Governor Baker's March 12, 2020 Order Suspending Certain Provisions of the Open Meeting Law, G.L. c. 30A, §18, and the Governor's March 15,2020 Order imposing strict limitations on the number of people that may gather in one place, the March 18,2020 meeting of the Board of Appeals was slated to take place via conference call,with a public call-in option. However,it was determined that the meeting as planned would not meet the temporary requirements of the partially suspended Open Meeting Law, and as such,no testimony should be heard.As such, the meeting was held for the sole purpose of continuing all matters before the Board. 8. In the March 18,2020 meeting of the Board of Appeals,held remotely via public conference call, Chair Duffy described each application before the Board and noted that due to the unique circumstances,he would entertain a motion to continue all matters until the next regularly scheduled meeting on April 15,2020. The vote was four (4) in favor (Peter A. Copelas,Mike Duffy (Chair),Rosa Ordaz,and Steven Smalley) and none (0) opposed. 9. The April 15, 2020 meeting of the Board of Appeals was held remotely using the web conference platform Zoom. The meeting was also accessible via public conference call and Salem Access TV. 10. At the April 15, 2020 public hearing,Attorney William Quinn discussed the petition. He noted that the owner wishes to convert the building to a three-family residence.Attorney Quinn explained that a special permit is required for the three-family use because the property is in the R2 zoning district,but a three-family home is not out of character for the area. Attorney Quinn showed the plot plan and noted that the property can accommodate five parking spaces,meeting the requirement for three dwelling units. He added that the footprint is not changing substantially; there may be some reconfiguring of an outdoor stairway. 11. At the April 15, 2020 public hearing,Board members asked some questions about the design of the building. Architect Peter Pitman indicated the fence at the property would remain intact, but the planter and flag pole near one of the parking spots would be removed. Mr. Pitman added that the exterior will be restored and the windows will be historically appropriate and consistent with historic guidelines. Peter Copelas stated it is an attractive building and expressed his agreement with Attorney Quinn that this is a minimal variance request. 12. At the April 15,2020 public hearing, no (0) members of the public spoke in favor of or in opposition to the petition. 13. At the April 15,2020 public hearing, Chair Duffy discussed the special permit and variance criteria. The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearings, and after thorough review of the petition, including the application narrative and plans, makes the following findings that the proposed project meets the provisions of the City of Salem Zoning Ordinance: Variance Findings: 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. This is a large City of Salem Board of Appeals July 2,2020 Project:46 Washington Square South Page 3 of 4 building on a small lot. The property is already in a situation where it could not comply with the requirements from which relief is being sought. 2. Literal enforcement of the provisions of the Ordinance would involve substantial hardship to the applicant because it would essentially preclude the property from having any compliant structure. 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. This is a relatively minimal request that makes good use of this building in the neighborhood. Special Permit Findings: The Board finds that the proposed nonconforming use is not substantially more detrimental than the existing nonconforming use to the neighborhood. 1. Social,economic, or community needs are served by the proposal. 2. Traffic flow and safety,including parking and loading are not expected to be impacted. 3. Adequacy of utilities and other public services: Existing utilities and other public services are adequate. 4. Impacts on the natural environment,including drainage: No negative impact is anticipated. 5. Neighborhood character: This is an attractive building in keeping with the neighborhood character. 6. Potential fiscal impact, including impact on City tax base and employment: There is the potential for a positive fiscal impact. On the basis of the above statements of fact and findings, the Salem Board of Appeals voted five (5) in favor (Rosa Ordaz, Paul Viccica, Steven Smalley, Peter A. Copelas, and Mike Duffy (Chair)) and none (0) opposed to grant the requested Variance per Section 4.1.1 Table of Dimensional Requirements from minimum lot area per dwelling unit and the requested Special Permit per Section 3.3.2 Nonconforming Uses to change from one nonconforming use (funeral home) to another nonconforming use (three-family home) at 46 Washington Square South, 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. Exterior finishes of the new construction shall be in harmony with the existing structure. 6. A Certificate of Occupancy is to be obtained. 7. 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. 8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 9. All construction shall be done per the plans and dimensions submitted to and approved by this Board. No change, extension, material corrections, additions, substitutions, alterations, and/or modification to an approval by this Board shall be permitted without the approval of this Board,unless such change has been deemed a minor field change by the Building Commissioner in consultation with the Chair of the Board of Appeals. City of Salem Board of Appeals ,July 2,2020 Project:46 Washington Square South Page 4 of 4 Mike Duffy, Chair Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK. Appeals,if any,shall be made pursuant to M.G.L.,Chapter 40A,Section 17. Please be advised that any statutory deadlines for filing such appeals have been suspended by order of the Supreme Judicial Court of the Commonwealth of Massachusetts which order was entered on April 27, 2020. 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.