57_BUFFUM_STREET_CLERK_APPLICATION_(STAMPED) (1) �'N°°01T4o CITY OF SALEM, MASSACHUSETTS
v � rs BOARD OF APPEALS
98 WASHINGTON STREET,2ND FLOOR
oNOV 22 PM SALEM,MASSAC H U S ETTS 01970
'" Thomas� St. Pierre, Director of Inspectional Services fMINE ul t E_t p
Phone:978-619-5641
Kimberly Driscoll Lev McCarthy,Staff Planner
Mayor
Phone:9R 6C E I V E
NOV 22 2021
Zoning Board of Appeals Application DEPT. OF PLANNING &
COMMUNITY DEVELOPMENT
Application ID: ZBA-21-52 Date submitted: November 22, 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: 57 BUFFUM STREET Zoning District: R2
An application is being submitted to the Board of Appeals for the following reason(s):
Petitioner poposes to construct a 3-story addition containing 3 additional residential units to the existing non-comforming 3-family dwelling
located in the B-2 District,with a total six(6)on-site garaged patking spaces)l apce per unit),which will require a Special Permit as to
Use and variances as to some dimensions including height,and the number of and and design of the on-site patking sapces.
For this reason,I am requesting:
[true]Variance(s)from provisions of Section Dimensional variances under Section 4.1 for 1)lot area per dwelling unit;2)maximum lot
coverage;3)rear yard depth,and 4)height in stories.Also a variance as to number and design of on-site parking spaces.of the Zoning
Ordinance,specifically from Lot Area/dwelling unit:7,500 SF per unit required, 1,182 SF proposed;Maximum lot coverage 35%,57.6%
proposed; Rear yard depth 30 Ft required,5.1.Ft proposed. Height in stories maximin is 2.5 stories,3 stories proposed. Also,nine(9)
on site parking spaces required,6 spaces being requested..
L1[g.pJ A Special Permit under Section 9.4,2(Criteria)for Special Permits of the Zoning Ordinance in order to Alter and enlarge existing
non-conforming 3-family use to non-conforming 6-family use under section
L]Appealing a Decision of the Building Inspector:
L]Comprehensive Permit:
Current Property Use: R-3 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 circumstances as to the long, narrow shape of this lot,combined with the location of the existing structure massed on the frontmost
area of the lot,and the fact that the rectangular lot borders upon two streets(Buffum Street and Bryant Street) leaves about 2/3 of the
parcel unavailable for expansion for additional residential use without violating current dimensional zoning reguations. The
circumstances are unique to this property and constitute a hardship to the applicant,financial and otherwise.The size and nature of an
existing structure may be sufficient criteria for granting a varinace. Johnson v. Board of Appeals of Wareham,360 Mass.872,277 N.E.
2d695(1972). Bylaw in Mass.,boards may exercise much greater flexibility when dealing with dimensional variances,and apply a
lower level of hardship where dimensional variances are involved,even a relatively minor level of"hardship"can justify a variance.
Josephs v. Board of Appeals of Brookline,362 Mass.290,285 N.E.2d 436(1972).These variances are in the public interest in light of
the shortage of safe,new and code-compliant housing in the City of Salem,so can be granted without without substantial detriment to the
public good and without nullifying or substantially derrogting from the intent or purpode of the Ordinance.
Statement of Grounds(for Special Permits):
This proposed modification will not be substantially more detrimental than the existing structure to the neighborhood, based upon the
following criteria:
a.the social,economic and community need to provide improved,code compliant housing is served by this proposal;
b.traffic flow and safety will not be increased because on-site parking for one car is provided for each unit, and the flow of traffic to and
from the site will be along Bryant Street,a private,dead-end way that is fronted by only 2 other dwellings;ocated across the way from
locus;
c.adequate utilities and public services already service the property;
d.impact on the natural environment and drainage are largely unaffected,as over 40%of the property will remain open with
grass areas on all 3 sides adjacent to the addition.;
e.The proposed addition is designed to be consistent with and complementary to the design of the existing structure and those in the
neighborhood,so should have no negative impact the character of the neighborhood,and
f.the proposed addition and new dwelling units will increase the assessed value of the property,thus having a positive fiscal
impact on the City by generating increased real estate tax revenue for the City.
Petitioner:LH Capital Development LLC If different from petitioner
Address:581 Boylston Street,Suite 604, Boston,MA 02116 Property Owner:
Telephone:781-775-6478 Address: ,
Email:c/o billquinn law@gmail.om Telephone:
Email:
Signature: /12�}����-��
Signature:
Date: Date:
If different from petitioner
Representative:William F.Quinn,Esq.
Address:27 Congress Street, Suite 414,Salem, MA 01970
Telephone:978-745-8065 ext. 110
Email: billquinnlaw/@gmail.com
Signature:
Date:
Statement of Grounds(for Special Permits):
This proposed modification will not be substantially more detrimental than the existing structure to the neighborhood,based upon the
following criteria:
a.the social,economic and community need to provide improved,code compliant housing is served by this proposal;
b.traffic flow and safety will not be increased because on-site parking for one car is provided for each unit,and the flow of traffic to and
from the site will be along Bryant Street,a private,dead-end way that is fronted by only 2 other dwellings;ocated across the way from
locus;
c.adequate utilities and public services already service the property;
d.impact on the natural environment and drainage are largely unaffected,as over 40%of the property will remain open with
grass areas on all 3 sides adjacent to the addition.;
e.The proposed addition is designed to be consistent with and complementary to the design of the existing structure and those in the
neighborhood,so should have no negative impact the character of the neighborhood,and
f.the proposed addition and new dwelling units will increase the assessed value of the property,thus having a positive fiscal
Impact on the City by generating increased real estate tax revenue for the City.
Petitioner:LH Capital Development LLC if different from petitioner
Address:581 Boylston Street,Suite 604,Boston,MA 02116 Property Owner-
Telephone:781-775-6478 Address:,
Email:Go billq inn law@gmail.om Telephone:
Signature: Email:L/
` a y Signature:
Date: 1 19A!!
Date:
tf different from petitioner
Representative:William F.Quinn,Esq.
Address:27 Congress Street,Suite 414,Salem,MA 01970
Telephone:978-745-8065 ext. 110
Email:billquinnlaw@gmail.com
Signature:
Date: