143 Derby St. DECSISION (STAMPED) (1) CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEALS
98 WASHINGTON STREET SALEM,MASSACHUSETTS 01970 �r�
TEL:978-619-5685
KIMBERLEY DRISCOLL >{ 7 t
MAYOR
CD
March 28, 2022 �,►
Decision
City of Salem Board of Appeals rev
The petition of LISA AND JOHN BARTLETT at 143-145 DERBY STREET (Map 41,Lot 319)
(B1 Zoning District)),for a variance per Section 4.1 Dimensional Requirements of the Salem Zoning
Ordinance for minimum lot area, side yard setback,front yard setback,and minimum lot area per
dwelling to construct a new mixed-use building to include two commercial units and five residential
units.The B1 Zone: +/- 3,780 sq ft proposed/6,000 sq ft required, Front and side yard setbacks are
0'/ required 15'front yard,20'side yard. 3,500 sq ft per dwelling unit required, 1,600 sq ft
proposed.
A public hearing on the above Petition was opened on December 15, 2021,it was continued to
January 19,2022. The petition was again continued to February 16,2022,and again to March 16,
2022. The public hearing was closed on March 16,2022.
On December 15,2021,the following members of the Salem Board of Appeals were present: Peter
Copelas,Mike Duffy (chair),Rosa Ordaz and Steven Smalley.
The petitioner seeks a variance per Section 4.1 Dimensional Requirements of the Salem Zoning Ordinance
for minimum lot area, side yard setback, front yard setback, and minimum lot area per dwelling to
construct a new mixed-use building to include two commercial units and five residential units.
Statements of Fact:
The petition is date stamped October 1, 2021. The petitioner has requested a variance per Section
4.1 Dimensional Requirements of the Salem Zoning Ordinance for minimum lot area, side yard setback,
front yard setback, and minimum lot area per dwelling to construct a new mixed-use building to
include two commercial units and five residential units.
1. 143-145 Derby Street is owned by the Petitioner,Lisa and John Bartlett.
2. The Petitioner is represented by architect,Andrew Crocker.
3. 143-145 Derby Street is located in the B1 Business Neighborhood zone.
4. The requested relief,if granted,would allow the Petitioner to construct a new mixed-use
building that includes two commercial units and five residential units.
5. On December 15,2021,the public hearing was opened.
6. The proposal is that the two units on the first floor will be commercial units,while the
new building at 145 Derby Street will be three (3) floors with two (2) units on each of
the second and third floor.These unit will each be about a thousand (1,000) square feet.
The existing building with have two (2) floors with one unit for both floors.
7. Andrew Crocker states that the plans have been drawn to have the property built right
up to the street line to allow for the parking spaces in the rear of the property. This will
meet the parking requirements for the commercial space on the first floor.
8. Peter Copelas asks the petitioner to elaborate on the ten (10) parking spaces and the
requirements for both residential and retail spaces for the proposed structure.
9. A comment was made that there were no parking requirements for the B1 zoning
district. The board and the acting Building Commissioner,Steve Cummings, agreed that
that wasn't accurate and that the board needed to have some time to clarify for the
petitioner and to make clear of the requirements for the variance.
10. A continuance was asked for and the board voted on a continuance.
11. The motion to continue was passed.
12. On March 16,2022 Lisa and John Bartlett,property owners,were present at the public
meeting and spoke directly to the board. They expressed that they would like to
withdraw their application without prejudice. They were not able to finalize a plan for
their petition and did not want to take any more time from the board for their petition.
They stated that they are planning on moving forward with a petition in the future.
13. The board made a motion to allow for the petition to be withdrawn without prejudice
14. 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 16,2022 meeting of the
Board of Appeals was held remotely,via the online platform Zoom.
On the basis of the above statements of fact and findings, the Salem Board of Appeals voted six (6)
in favor(Paul Viccica,Mike Duffy(Chair),Steven Smalley,Peter Copelas(Vice Chair), Carly McClain,
and Rosa Ordaz) and none (0) opposed to allow the applicant to withdraw the petition without
prejudice.
The application is withdrawn without prejudice.
IVO
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.