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266 Canal St ZBA_APPLICATION Zoning Board of Appeals Application pig 3. 13 ZBA 22 13 RK Your Submission Attachments w � � Guests (0) J, �� D FED 2 8 2022 DEPT. OF PLANMii^;G & O Petition Form (to sign and stamp) cornr,lu,P11 Fy D_, _ o'PIA-ENT O Review - Completeness Zoning Board of Appeals Fee Building Inspector Review Building Plan Review Addition of application to ZBA Agenda Zoning Board of Appeals Review Decision Filed with City Clerk Your submission Submitted Feb 28, 2022 at 3:05pm Contact Information Joseph Correnti Email address jcorrenti@cdlawyers.com Phone Number 9787440212 Mailing Address 63 Federal Street , Salem, MA 01970 Location 266 CANAL STREET SALEM, MA 01970 Applicant Information Who is completing this online application? Applicant Type*A Representative Applicant Information Petitioner Name * Juniper Point Investment Co LLC Petitioner Street Address 886 Hale Street Petitioner City, State, Zip Beverly, MA 01915 Petitioner Telephone 978-810-8506 Petitioner Email marc@juniperpointinvestment.com Is the Property Owner the same as the Petitioner? No Property Owner Name JAB Trust, 266 Canal Street Trust and Esther Realty, Inc. Property Owner Street Address 5 Willson Road, 284 Canal Street Property Owner City, State, Zip Salem, MA 01970 Property Owner Telephone ** Property Owner Email ** Is the Petitioner being represented by another party (like an attorney, architect, or contractor)? Yes Representative Name Joseph C. Correnti, Esquire Representative Street Address 63 Federal Street Representative City, State, Zip Salem, MA 01970 Representative Telephone 978-744-0212 Representative Email jcorrenti@cdlawyers.com Project Address and Application Information Use the above search bar to find the subject property by Address or by Parcel ID. The property information will then automatically populate below. The Undersigned represent(s) that they are the owner(s) of a certain parcel of land at the below location. Street Number* i 266 Street Name CANAL STREET Zoning District(s) *A B2 / I Parcel ID 32-0038-0 I Does this project include multiple addresses? Yes Additional Street Addresses and Zoning Districts *A 282 Canal Street (32-0037) (B2); 2 Kimball Road (32-0102) (B2); and 286 Canal Street (32- 0036) (B2); 282R Canal Street (23-0144) Why is this application being submitted to the Board of Appeals? The below statement must describe what you propose to build, the dimensions, the zone property is in, and the zoning requirements. (Example: I am proposing to construct a 10' x 10' one story addition to my home located at 3 Salem Lane, in the R-2 Zoning District. The Zoning Ordinance requires the minimum depth of the rear yard to be 30 feet. The current depth of my rear yard is 32 feet; the proposed addition would reduce the depth of the rear yard to 22 feet.) An application is being submitted to the Board of Appeals for the following reason(s): *A See Statement of Hardship attached. For the above reason(s), I am requesting: Variance(s) G Special permit(s) Comprehensive Permit for construction of low or moderate income housing Appeal of a Decision of the Building Inspector Variance(s): Variance(s) from provisions of which section of the Zoning Ordinance? Section 4.1.1 Table of Dimensional Requirements Which dimensional requirement(s) will not be met? Describe what is allowed and what you are proposing (sq. ft., stories, etc.). Maximum height of buildings (feet) - 30 feet allowed in the B2 zone; 45 feet allowed in the I zone. The Petitioner proposes 7 buildings with building heights between 33 and 50 feet, as shown on the site plans and elevations filed herewith. Current Property Use: *A Commercial warehouse style building, auto repair garage style building, parking lot and restaurant/bar style building Proposed Use: *A Residential Multifamily 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. Plans and Elevations Is construction or exterior alteration planned? Yes Is this new construction? *A Yes Is there any.construction to an existing structure where the proposed work would affect the structure's footprint? No . _ Are you seeking relief for building height (in feet and/or stories)? Yes Written Statement (Variance) For all Variance requests a written Statement of Hardship demonstrating the following must be included: a) Special conditions and circumstances that especially affect the land, building, or structure involved, generally not affecting other lands, buildings, and structures in the same district; b) Literal enforcement of the Ordinance would involve substantial hardship to the applicant; and c) Desirable relief may be granted without substantial detriment to the public good, and without nullifying or substantially derogating from the intent of the district or the purpose of the ordinance. You may type the Statement of Hardship in the below text box and/or attach it as a separate document in the Attachments section. If you will only attach the Statement separately, please note "Attached separately" in the text box below. Statement of Hardship Attached separately. Filing Fee Confirmation The Undersigned certify that all of the following payments will be delivered to the City of Salem Department of Planning&Community Development (on separate checks): 1) Registry of Deeds Recording Fee: All applications require submittal of a $105.00 fee, paid with a check payable to the "Southern Essex Registry of Deeds" for recording the decision. City Staff must receive this check before adding an application to the next month's public hearing agenda. Registry of Deeds Recording Fee Joseph C. Correnti, Esquire 2) City Clerk Certification Fee: Dec 15, 2021 All applications require submittal of a $2.00 fee, paid with a check payable to the "City of Salem" to obtain a certified copy of the decision from the City Clerk. City Staff must receive this check before adding an application to the next month's public hearing agenda. City Clerk Certification Fee Joseph C. Correnti, Esquire 3) Salem News Legal Notice Fee: Dec 15, 2021 All applications require submittal of a prepaid cost required to run: $270 per day x 2 days = $540, ($270 a day is an estimate based on ad length)written to Salem News and given to the City of Salem Planning department. ***Salem News requests paying by credit card to avoid having to resubmit payments based on amount for legal ad. The form is located here: https://www.salem.com/sites/g/files/vyhlif3756/f/uploads/Salem_news_legal_notice_form.pdf (https://www.salem.com/sites/g/files/vyhlif3756/f/uploads/Salem_news_legal_notice_form.pdf) . This form needs to be filled out and attached to this application. Salem News Fee * Joseph C. Correnti, Esquire Salem News Payment Method *A Dec 15, 2021 Check (sent to Salem Planning Dept) City of Salem, MA Your Profile Your Records (/dashboard/records) Resources Search for Records (/search) Claim a Record (/claimRecord) Employee Login (https://salemma.viewpointcloud.io) Portal powered by OpenGov STATEMENT OF HARDSHIP The Petitioner,Juniper Point Investment Cc LLC,seeks a variance from maximum building height(feet) in the B2 and I zoning districts to allow construction of a mixed use development consisting of 7 buildings, two of which contain first floor commercial space along Canal Street. The Petitioner intends to build out the residential component with a blend of affordable, workforce and market rate housing. The site is comprised of approximately 12.75 acres of land, of which approximately 4.5 acres have been previously disturbed. The proposed building layout focuses construction on the disturbed land, while cleaning up and enhancing the wetlands resource areas. Current uses on the site are boat storage, hair salon, auto repair, and restaurant. The proposed mixed use is being permitted as a Planned Unit Development, which results in a more cohesive site design. The project meets the following criteria: a) Special conditions and circumstances that especially affect the land, building, or structure involved,generally not affecting other lands, buildings,and structures in the same district; The shape of the site is unique. The site curves around a former railroad track and includes approximately 8 acres of wetlands. Living space in the rear buildings has been elevated to the second story due to flood plain requirements, as subsurface construction becomes prohibitive due to the soil conditions. Due to the historical industrial and automotive uses on the site, remediation will be needed to bring the site to residential standards. b) Literal enforcement of the Ordinance would involve substantial hardship to the applicant;and The cost of building on this unique site is a substantial hardship to the applicant. In addition, providing workforce housing at this site would not be feasible without the height variance,as the buildable area is limited to a small portion of this large site, and a minimum number of units is required to make the project feasible. c) Desirable relief may be granted without substantial detriment to the public good, and without nullifying or substantially derogating from the intent of the district or the purpose of the ordinance. The unique lot shape and soil conditions constrain the placement of buildings at this site. Despite the large size of the site, there is relatively little area suitable for building. The height variance is needed for the buildings to be built upward, since the buildings cannot spread over the site as they could elsewhere in the B2 and I districts. This project will provide workforce housing, which meets a stated community need.The project will also create jobs and increase tax revenue. It will revitalize underutilized land, improve environmental conditions, and preserve open space for the residents and the community as a whole. Wherefore, we respectfully request the Board's approval of the requested relief. February ova , 2022 Re: Juniper Point Investment Co LLC 286 Canal Street and 2 Kimball Road To Whom It May Concern: Pleased be advised that I, Pauline M. Bertini, Trustee of JAB Trust, owner of 286 Canal Street and 2 Kimball Road, Salem, Massachusetts (the "Property"), hereby authorize the law firm of Correnti & Darling LLP, on behalf of Juniper Point Investment Cc LLC, to make application to the City of Salem Zoning Board of Appeal, Planning Board, Conservation Commission, and any other municipal or state authority necessary for the permitting of residential and commercial buildings at the Property. Sincerely, JAB Trust By its Attorney. J Gegr 4Ains III, Esqurie February, 2022 Re: Juniper Point Investment Co LLC 266, 282 AND 282r Canal Street To Whom It May Concern: Pleased be advised that we, Pauline M. Bertini and Anna Flynn Bertini, Co-Trustees of the 266 Canal Street Trust and Esther Realty, Inc., owners of 266, 282 and 282R Canal Street, Salem, Massachusetts (the "Property"), hereby authorize the law office of Correnti & Darling LLP, on behalf of Juniper Point Investment Co LLC, to make application to the City of Salem Zoning Board of Appeal, Planning board, Conservation Commission, and any other municipal or state authority necessary for the permitting of residential and commercial buildings at the Property. Sincerely, 266 Canal Street Trust By its Attorney Geese Wt Atkins III, Esquire Esther Realty, Inc. By its Attorney, By: Thomas J. rrett, Esquire