112 BROADWAY - Application (Stamped) 0
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,,COND11r4_4 m CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEALS
n - O 98 WASHINGTON STREET, 2ND FLOOR
2021 0,.Er 22 AN m T SALEM, MASSACHUSETTS 01970
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+ ql �J _ : �C� C Z fV Thomas St. Pierre, Director of Inspectional Services
1^ f �yfN�pO��' r- Z O C Phone:978-619-5641
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Kimberly Driscoll m Lev McCarthy,Staff Planner
Phone:978 619 5685
Mayor
Zoning Board of Appeals Application
Application ID: ZBA-21-54 Date submitted: December 21, 2021
TO THE BOARD OF APPEALS:
The Undersigned represent(s)that they are the owner(s)of a certain parcel of land located at:
Address: 112 BROADWAY Zoning District: I
An application is being submitted to the Board of Appeals for the following reason(s):
Our application seeks to convert the existing and nonconforming 1-family residential use on this parcel located in the Industrial District,to
a non-conforming 4-family use, by renovating and adding dormers to the existing structure
without increasing its height in fet,and constructing a 23'x 26'2.5 story addition containing a garage for 2 cars,a second-floor dwelling
unit and 3 additional on-site parking spaces. The completed project will contain 4 residential units and 6 conforming on-site parking
spaces.
For this reason,I am requesting:
[true]Variance(s)from provisions of Section Section 4.1 Table of Dimensional Requirements)of the Zoning Ordinance,specifically
from Front yard width along Daisy St:30'required,existing 6'continued along Daisy St at non-conforming width of 8-9'; Rear yard width:
30'required,existing of about 36'conforms,with addition reduced to about 13'. .
true A Special Permit under Section Section 3.3.2 Nonconforming Uses of the Zoning Ordinance in order to A Special Permit is
required to convert an existing nonconforming use to another nonconforming use that will not be substantially more detrimental than the
existing use to the neighborhood.
[_J Appealing a Decision of the Building Inspector:
r I Comprehensive Permit:
Current Property Use: 1-family residence Are Lot Dimensions Included:Yes
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and allow the project to be
constructed as per the plans submitted,as the enforcement of said Zoning By-Laws would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially derogating from the intent and purpose of the Zoning
Ordinance.
Statement of Hardship(for Variances):
The existing 1-family residential use is a legal but nonconforming use in this Industrial Zoning District. Because of the small size of the
parcel,and its location on a corner,and given the existing dimensional requirements in the"I"District,no serviceable structure for a legal
use can be constructed on the property.
The parcel is rectangular in shape and is surrounded on three sides by Broadway(a public way), Daisy Street(an unconstructed way)
and a large stormwater basin on adjacent property. Under the Zoning Ordinance,the parcel is deemed to require"2 front yards",each 30
feet deep,and a rear yard,which is also required to be 30 feet deep. The parcel contains 6,400 SF of lot area,which is only 16%of the
area of a conforming industrial lot(minimum of 40,000 sf).These conditions are unique to this parcel,and prevent the parcel from being
developed for virtually any legal conforming structure. These conditions constitute a hardship,physically and economically to the
applicants.
Mass.courts have repeatedly held that where(as here) mere dimensional variances are involved,even relatively minor"hardship"can
justiify a variance. See:Josephs v. Board of Appeals of Brookline, 362 Mass.290,285 N.E.2d 436(1972).
Because the neighborhood contains a mix of residential uses,including several multifamily structures abutting or close to the subject
property,and because the City of Salem has a substantial need for more residential housing,granting the petition is not detrimental to
the public good,and can be done without substantially derrogating from the intent of the district or the purpose of the Zoning Ordinance.
Statement of Grounds(for Special Permits):
a.The parcel is located in a neighborhood of mixed residential and commercial uses.including 1-2-and multifamily residentail structures.
The immediate abutters on this side of Broadway are a 4-family at 120 Broadway and a mixed commercial(barber shop)and residential
at 108 Broadway. There is an existing 3-family almost directly across the street at 107 Broadway. In this context,the proposed 4-family
use is neither out of scale in scale,size or use for the neighborhood. The proposal will add badly-needed and new,health and safety
code compliant housing for individuals and small families. It provides the legally required amount of on-site parking and access.
b.Traffic flow and safety, including parking,are adequately met by the provision and layout of legally adequate on-ste parking. The line
of site up and down Broadway from the property's driveway is unobstructed in both directions, so drivers exercising a normal amount of
caution entering and exiting the property should not impede or interrupt the normal flow of traffic.
c.The property is already served by public services and utilities.
d.The maximum height for a structure in the"I"District is 45'. There is no maximum story-height in the "I Zone. The
height of the existing structure is about 25'feet. The height of the building and addition after construction will still be about 25',and
greatly less than the maximim limit,so no relief for height is necessary.
The addition is relatively small with small additional roof area.The natural drainage of surface water will continue to be towards and into
the adjacent stormwater basin to the rear of the property.
For these reasons,the proposed project will not have an unusual impact upon the natural environment, including drainage.
e.The size,style and cladding materials proposed by the petitioner are consistent with and complementary to the existing structure,and
the other structures in the neighborhood,so the proposal should have little impact on the neighjborhood character.
f. This project will have a positive financial impact on the City's tax base and revenue,as the assessed valuation once completed will be
much greater,and will yield much more real estate tax revenue than currently,and workers in several trades will benefit for the
construction jobs assiciated with the project.
Petitioner:William F.Quinn,as representative for MRG If different from petitioner
Construction Management,Inc.for Owners by Consent Property Owner: Edward P.and Doris Harrington
Address:27 Congress Street, Suite 414,Salem, MA 01970 Address: 112 Broadway,Salem, MA 01970
Telephone:978-744-8065 ext. 110 Telephone:c/o William F. Quinn at 978-745-8065 ext. 110
Email:biliqui nlaw��@gmail.com Email:c/o billquinnlaw@gmail.com
Signature:���� �1 C,G �
r Signature:
Date: r / / Date:
If different from petitioner
Representative:William F.Quinn,Tinti&Navins,P.C.
Address:27 Congress Street,Suite 414,Salem, MA 01970
Telephone:978-745-8065 ext. 110
Email:billquinnlaw@gmail.com
Signature: /t.Iuy
Date: b�Z