393 Essex St Decision (CLERK STAMPED) CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEALS
98 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970 r+�
TEL:978-619-5685
KIMBERLEY DRISCOLL
MAYOR C3
March 1, 2022
Decision :. ,
City of Salem Board of Appeals
The petition of OLD FEZZIWIG, LLC at 393 ESSEX STREET (Map 25, Lot 200) (R2
Zoning District)for a special permit per Section 3.3.2 Nonconforming Uses to change
from one non-conforming use (Dental Office)to another non-conforming use(Multi-
Family Dwelling). The relief if granted will allow for the construction of five(5)
residential units. The proposal is for one (1) unit on the first floor and two (2) units on
the second floor and two (2)units on the third floor.
A public hearing on the above petition was opened on February 16, 2022 and was closed
on February 16, 2022.
On February 16, 2022,the following members of the Salem Board of Appeals were
present: Mike Duffy(chair), Rosa Ordaz, Carly McClain, Paul Viccica and Steven
Smalley.
The petitioner seeks a special permit per Section 3.3.2 Nonconforming Uses to change
from one non-conforming use (Dental Office) to another non-conforming use(Multi-
Family Dwelling). The relief if granted will allow for the construction of five (5)
residential units. The proposal is for one(1)unit on the first floor and two (2)units on
the second floor and two (2) units on the third floor.
Statements of Fact:
The petition is date stamped January 25, 2022. The petitioner has requested a special
permit per Section 3.3.2 Nonconforming Uses to change from one non-conforming use
(Dental Office)to another non-conforming use(Multi-Family Dwelling). The relief if
granted will allow for the construction of five (5) residential units. The proposal is for
one (1)unit on the first floor and two (2) units on the second floor and two (2)units on
the third floor.
1
1• 393 Essex Street is owned by Old Fezziwig, LLC.
2. Old Fezziwig, LLC was represented by Joseph Correnti,Attorney.
3. 393 Essex Street is located in the R2 zoning district. (Map 25, Lot 200)
4. The requested relief, if granted, would allow the Petitioner to construct five
(5) residential units in the structure.
5. On February 16, 2022, Joseph Correnti presented the petition for 393 Essex
Street to the Board.
6. 393 Essex Street is currently vacant but has been used as a commercial dental
office on its first floor. There are also three (3) existing residential units above
the vacant dentist office.
7. The proposal is to eliminate the dentist office on the first floor and convert
that to a single dwelling unit.
8. Attorney Correnti also discussed how they will be continuing the process of
conversion with input from the Salem Historical Commission.
9. Dan Ricciarelli, architect, discussed the proposed plans. They will keeping all
the salvageable historical elements that are within the structure. They will
also be adding a sprinkler system to the building.
10. Chair Duffy opened the meeting to Board members for questions. There were
none.
11. There was letter submitted from Historic Salem Inc. read for the record. The
letter was requesting that they keep within the historical elements of the
current structure. The letter requested that the board go over the building
plans to see that the plans stay within the historical context of the current
structure.
12. Paul Viccica asked Attorney Correnti to go over the site plan for the proposed
construction. There are two curb cuts on the site. There are currently nine
(9)parking spaces on the site. The current owner plans to add grass and loam
to the areas where the parking spaces are no longer needed to add some green
space to the property.
13. Mr. Ricciarelli mentioned how they are seeking historical tax credits for the
project. This will make them fall under the purview of the National Park
Service and Massachusetts Historical Society.
14. Chair Duffy opened the meeting to public comment.
15. Louis Serriani, Botts Court, spoke in opposition to the proposal.
16. Lois Ferraresso, 315 Essex Street, inquired as to the layout of the new units in
the proposed conversion of the structure. She expressed concern over the
addition of the two units on the third floor and how that would not keep
within the historical context.
17. Mr. Ricciarelli spoke to the historical fabric on the third floor and how they
were keeping the columns from the structure which were the historical
elements on the top floor of the structure.
18. Chair Duffy expressed his appreciation for Ms. Ferraresso's concern and
encouraged her to attend the Historical Commission's meetings on the
proposed plans when the time came.
2
19. Attorney Correnti reiterated that the owner and architect are aware of the
historical significance and the construction, if approved,will proceed with
that knowledge.
20. Chair Duffy addressed the special permit criteria.
21. 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. 3oA, §18, and the Governor's March 15, 2020
Order imposing strict limitations on the number of people that may gather in
one place, the December 15, 2021 meeting of the Board of Appeals was held
remotely,via the online platform Zoom.
Special Permit Findings:
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 this petition.
2. Traffic flow and safety, including parking and loading: there will not be an
impact on parking.
3. Adequate utilities and other public services: The petition will not impact
utilities or public services.
4. Impacts on the natural environment, including drainage: There will be a
positive impact on the natural environment.
5. Neighborhood character: The project will increase the character of the
residential neighborhood.
6. Potential fiscal impact, including impact on City tax base and employment.
There will be a positive fiscal impact on the city or its tax base.
On the basis of the above statements of fact and findings,the Salem Board of Appeals
voted five (5)in favor(Rosa Ordaz, Mike Duffy(chair), Carly McClain, Paul Viccica and
Steven Smalley) and none (o) opposed to grant OLD FEZZIWIG, LLC a special permit
per Section 3.3.2 Nonconforming Uses to change from one non-conforming use (Dental
Office)to another non-conforming use (Multi-Family Dwelling). The relief if granted
will allow for the construction of five (5) residential units. The proposal is for one (1)
unit on the first floor and two (2)units on the second floor and two (2)units on the third
floor.
Receiving five (5) in favor votes, the petition for a special permit is
approved.
3
Standard Conditions:
I. 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 is to obtain approval from any City Board or Commission having jurisdiction
including,but not limited to,the Planning Board.
g. 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 changes are deemed a minor field change by the Building Commissioner
in consultation with the Chair of the Board of Appeals.
Date MAR 2 2 2022
1 hereby certify that 20 days have
expired from the date this instrument
was received, and that NO APPEAL
has been filed in this office.
A True Copy
ATTEST ITY CL-E-RK, Sal=, ass.
Mike Duffy, Chair
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERK.
4
Appeal from this decision, if any, shall be made pursuant to Section 17 of the
Massachusetts General Laws Chapter 4oA, 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 4oA, 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.
5