393 Essex St Application (STAMPED) a
FAIN ooND1r,� CITY OF SALEM, MASSACHUSETTS
�t _ , BOARD OF APPEALS
`4` Ar98 WASHINGTON STREET,2ND FLOOR
SALEM,MASSACHUSETTS 01970
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Thomas St.Pierre,Director of Inspectional Services
rG7MJIVEpO Phone:978-619-5641
Lev McCarthy,Staff Planner
Kimberly Driscoll
Phone:978-619-5685
«I - ? Mayor
Zoning Board of Appeals Application
Application ID: ZBA-22-4 Date submitted: January 25, 2022
TO THE BOARD OF APPEALS:
The Undersigned represent(s)that they are the owner(s)of a certain parcel of land located at:
Address: 393 ESSEX STREET Zoning District:R2
An application is being submitted to the Board of Appeals for the following reason(s):
The Petitioner proposes to change an existing nonconforming use(dental office with three dwelling units)to another nonconforming use
(multi-family dwelling comprised of five dwelling units).
For this reason,I am requesting:
[]Variance(s)from provisions of Section of the Zoning Ordinance,specifically from
[I=j A Special Permit under Section 3.3.2 of the Zoning Ordinance in order to The dental office is closing.The Petitioner proposes to
eliminate the commercial use and add two dwelling units,as further described in the Statement of Grounds attached hereto.
[]Appealing a Decision of the Building Inspector:
L)Comprehensive Permit:
Current Property Use: Commercial, residential 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):
Statement of Grounds(for Special Permits):
Attached separately
Petitioner:Old Fezziwig, LLCM By its attorney, If different from petitioner
Address:395 Essex Street,Salem,MA 01970 Property Owner:
Telephone:9782704834 Address: ,
Email:mark56@comcast.net- - Telephone:
_ Email:
Signature: ' - SQL
Signature:
Date: a 5 Date:
If different from petitioner
Representative:Joseph C.Correnti,Esquire
Address:63 Federal Street,Salem, MA 01970
Telephone:9787440212
Email:jcorrenti cdlawyers co
Signature: ' �50
Date:
W
i
STATEMENT OF GROUNDS
The Petitioner, Old Fezziwig LLC, owner of the site at 393 Essex Street, seeks a special permit to allow a
change from one nonconforming use(dental office with three(3) residential units above)to another, less
detrimental nonconforming use (multifamily dwelling consisting of five (5) residential units) in the
Residential Two-Family(112)zone.The building is located on Essex Street between S. Pine Street and Flint
Street in the McIntire Local Historic District.
The building was constructed in the 1700s. It has been used as a medical or dental office since at least
1957.The history of multifamily use predates 1957.The dental office is closing, and the Petitioner seeks
to reconfigure the interior space to eliminate the dental office and add two dwelling units.Currently there
is a dental office on the first floor,two (2)dwelling units on the second floor,and one(1)dwelling unit on
the third floor.The Petitioner is proposing one (1) dwelling unit on the first floor, two (2) dwelling units
on the second floor, and two (2) dwelling units on the third floor. There are no changes proposed to the
footprint of the building.All required parking is provided onsite,as shown on the plan filed herewith.The
Petitioner intends to remove some of the excess pavement on the easterly side of the building and replace
it with lawn. The addition of two residential units will enable the Petitioner to renovate the building to
historic standards. The Petitioner seeks to replace some of the existing modern materials, such as the
aluminum siding,with historically appropriate materials. The Petitioner is working with an architect and
will be seeking approvals from the Historical Commission in connection with these renovations.
The change from one nonconforming use to another will benefit the City and will not be substantially
more detrimental than the existing nonconforming use. The addition of two dwelling units will provide
housing, which addresses a community need. The change from commercial use to a residential use will
reduce the amount of traffic going in and out of the site during business hours. Parking areas will be
accessed through existing curb cuts,and all required parking is provided onsite.There will be little impact
on utilities and public services,given the existing mixed use on the site.The removal and replacement of
excess pavement with lawn will have a positive impact on the natural environment, including drainage.
The use is consistent with the neighborhood character in that almost all of the surrounding buildings on
Essex Street are multifamily dwellings. In addition,the proposed renovations will be in keeping with the
historic character of the McIntire District and will improve the view for neighbors and passersby. The
Petitioner's investment in this project will have a positive fiscal impact and add residential units to the
City's tax base.
Wherefore,we respectfully request the Board's approval of the requested relief.