BOA_6_LATHROP_STREET_DECISION(STAMPED) ��,cali�T
�x CITY OF SALEM MASSACHUSETTS
BOARD OF APPEALS
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98 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 0 T
OTEL:978-619-5685 :�
KIMBERLEY DRISCOLL r-_i
MAYOR rn
December 16, 2021 '>0 IV -
Decision `f':x
City of Salem Board of Appeals
The petition of MICHAEL BUONFIGLIO for a special permit per Section
3.3.2 Nonconforming Uses of the Salem Zoning Ordinance to change from one
nonconforming use (two-family dwelling) to another nonconforming use (thee-
family dwelling) at 6 LATHROP STREET (Map 36,Lot 337) (B4 Zoning District).
A public hearing on the above Petition was opened on October 20, 2021,it was continued to
November 17, 2021. The public hearing was closed on November 17,2021.
On November 17,2021,the following members of the Salem Board of Appeals were present: Peter
Copela.s (Vice Chair),Paul Viccica, Carly McClain,Rosa Ordaz and Steven Smalley
The petitioner seeks a special permit per Section 3.3.2 Nonconforming Uses of the Salem Zoning
Ordinance to change from one nonconforming use (two-family dwelling) to another nonconforming
use (thee-family dwelling).
Statements of Fact:
The petition is date stamped September 29, 2021. The petitioner has requested a special permit per
Section 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance to change from one nonconforming
use (two-family dwelling) to another nonconforming use (thee-family dwelling).
1. 6 Lathrop Street is owned by the Petitioner,Michael Buonfigho.
2. The Petitioner is represented by Attorney Kristin Kolick of Correnti&Darling LLP.
3. 6 Lathrop Street is located in the B4 Business Wholesale and Automotive zone.
4. The requested relief,if granted,would allow the Petitioner to add a third dwelling to the
existing nonconforming two-family home.
5. On October 20,2021,Attorney Kristin Kolick appeared before the Board on a request
to continue and stated that Petitioner would like to continue to November 17, 2021,
when there will be a full board present. There were only four members present for at
the October 20,2021 meeting. The board voted unanimously to allow the continuance
to the November 17,2021 meeting.
6. On November 17,2021,Attorney Kristin Kolick presented the Petition for 6 Lathrop
Street to the Board.
7. 6 Lathrop Street is already a residence in the B4 district and has been for some time. The
current use is a two-family dwelling,and the Petitioner is seeking relief from the Salem
Zoning Ordinance 3.23 Nonconforming Uses to add a third dwelling unit. The addition of
a third unit will enable the Petitioner to renovate the building and make significant
repairs. The existing building needs substantial repairs,including repairs to the
foundation. The majority of the renovation work will be within the existing footprint of
the current structure. The proposed structure is designed with the neighborhood
character in mind. Continuing the residential use of the property would be beneficial to
the neighborhood.The residential use is also consistent with the residential character of
the neighborhood, as the property abuts other residential uses,and there are several
multifamily residential uses nearby.
8. There will be five (5) parking spaces provided in the rear of the structure,which meets
the parking requirement. There will not be a significant impact on utilities for the
addition of the one unit. There will be a positive economic impact on the neighborhood
because the new structure will be more attractive and there will be additional tax
revenue.
9. Peter Copelas expressed concern for the amount of pavement in the rear yard to
accommodate the parking for the building as well as concerns about how the cars will
maneuver within the space. He also expressed concern that there will be no green space
for the land.
10. Attorney Kolick stated that they had looked at different options for the parking with
green space and the additional pavement is needed for the cars to be able to maneuver.
Although there will be additional pavement,a current"bump out" on the building will
be removed, and landscaping improvements will be made.
11. There were two (2) submitted letters for public comment. One letter in support was
from Jessica DeSilva, 71 Bridge Street.The second was a petition of support with 6
signatures.
12. The Building Commissioner,Thomas St. Pierre stated that he fully supported the project
and had worked on numerous projects with Mr. Buonfiglio and that his projects are
always first class. He stated that Mr. Buonfigho rebuilds the buildings and doesn't patch
and cover on the property. The projects move right along and are completed quite
successfully.
13. 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 November 17,2021 meeting of the
Board of Appeals was held remotely,via the online platform Zoom.
Special Permit Findings:
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The Board finds that the proposed modifications will not be substantially more detrimental than
the existing nonconforming use to the neighborhood and that the adverse effects of the proposed
use will not outweigh its beneficial impacts to the City and the neighborhood:
1. Social, economic, or community needs were served by adding additional housing and
parking.
2. Traffic flow and safety,including parking and loading:there will improved parking for
the neighborhood,as all required parking will be provided on site.
3. Adequate utilities and other public services already service the structure.
4. Impacts on the natural environment,including drainage:No negative impact would be
expected.
5. Neighborhood character: The project will be in keeping with and improving the
residential neighborhood character.
6. Potential fiscal impact, including impact on City tax base and employment. The
addition of a third unit will increase the tax revenue for the city.
On the basis of the above statements of fact and findings,the Salem Board of Appeals voted five (5)
in favor (Paul Viccica, Steven Smalley, Peter Copelas(Vice Chair), Carly McClain, Rosa Ordaz) and
none (0) opposed to grant MICHAEL BUONFIGLIO a special permit under Section
3.3.2 Nonconforming Uses of the Salem Zoning Ordinance to change from one nonconforming use (two-
family dwelling) to another nonconforming use (thee-family dwelling).
Receiving five (5) in favor votes, the petition for a special permit is approved.
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. 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.
9. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including,but
not limited to,the Planning Board.
10. All construction shall be done per the plans and dimensions submitted to and approved by this Board.
Any modification to the plans and dimensions must be approved by the Board of Appeals unless such
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changes are deemed a minor field change by the Building Commissioner in consultation with the Chair of
the Board of Appeals.
t
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Mike Duffy, 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 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 of Deeds.
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