143 Derby DECISION (stamped) OUR
{ CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEALS
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98 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970
TEL:978-619-5685
KIMBERLEY DRISCOLL t r:
MAYOR
June 27, 2022
Decision )
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City of Salem Board of Appeals
The petition of PETER LUTTS at 143-145 DERBY STREET(Map 41, Lot 319) (B1 Zoning
District), for a Variance per Section 4.1.1 Dimensional Requirements of the Salem
Zoning Ordinance to construct five (5) residential dwelling units. The relief, if approved,
will be for lot area per dwelling at 1,781 sq.ft where 3,500 sq. ft is required Also, relief
from front, rear and side yard setbacks is requested.
A public hearing on the above petition was opened on June 15, 2022 and was closed on
June 15, 2022.
On June 15, 2022,the following members of the Salem Board of Appeals were present:
Carly McClain, Paul Viccica, Peter Copelas(Vice Chair) and Steven Smalley.
Statements of Fact:
The petition is date stamped April 26, 2022. The petitioner seeks a Variance per
Section 4.1.1 Dimensional Requirements of the Salem Zoning Ordinance to construct
five(5) residential dwelling units. The relief, if approved,will be for lot area per dwelling
at 1,781 sq.ft where 3,500 sq. ft is required Also, relief from front, rear and side yard
setbacks is requested.
1. 143 Derby Street is owned by Captain Dusty's.
2. The petitioner was Peter Lutts.
3. 143 Derby Street is located in the B1 zoning district. (Map 41, Lot 319) and the
Derby Street Historic District.
4. The requested relief, if granted,would allow the Petitioner to construct five
(5) dwelling units outside of the dimensional requirements for the B1 Zoning
District.
5. On June 15, 2022,Attorney Scott Grover presented to the board. Mr. Grover
spoke about how the owners had had an earlier petition in the winter and had
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listened and considered the neighbor's feedback. They had withdrawn their
petition without prejudice. They were now returning to the board with new
plans and elevations based on the input they received at the earlier meeting.
6. Attorney Grover spoke to how they current structure on the lot will need to be
preserved and the remainder of the lot consists of a large parking lot. The lot
is shaped"pork chop"lot that is on a corner lot of Daniels Street and Derby
Street.
7. The petitioners are proposing to eliminate the commercial use and construct
five (5) new residential units. One unit will be in the existing historic building
and a second unit attached to the first one. In addition,there will be a three
(3)unit building in the form of town houses for the other units. There will be
ten (1o) parking spaces which exceeds the 1.5 spaces required for the Bi
Zoning District.
8. Attorney Grover discussed the relief requested for setbacks and lot area per
dwelling unit for the property. Attorney Grover discussed the criteria for a
variance. The irregular shape of the lot was one of the hardships. Another is
that it is a corner lot must comply with the front yard setbacks for both streets
that it is on-Daniels Street and Derby Street. This will drastically impact the
land available for building. The final hardship is that the owner must keep the
historic building intact on the lot which will prohibit the owner from
constructing the number of units.
9. Thad Siemasko from SV Design presented the plans to the board.
10. Peter Copelas spoke to the new entrance on Derby Street and how it was a
new change that made a lot of sense to allow access on Derby and not have the
new owners have to drive around the block to enter on Daniels Street.
11. Paul Viccica inquired about what would happen if the Historical Commission
decided that the second dwelling unit needed changes to the dimensions. It
was determined that they would need to return to the board to discuss the
changes required.
12. Carly McClain stated that she appreciated the new plans and design for the
proposed project at 143 Derby Street especially with the feedback given to the
petitioner from the neighbors.
13. Peter Copelas opened the meeting up to public comment.
14. Nina Vyden, 27 Daniels Street stated that she really liked the improvements to
the project since the changes from the first petition. She inquired about fence
heights that will be facing Daniels Street. She expressed that she felt that a
lower fence, not a six foot (6 ft)fence would expand on the sense of
community and not close off the new tenants from the rest of the
neighborhood.
15. Dean Liedberg, 131 Derby Street, spoke about his concern regarding the space
at the back corner of the property that was directly at his bedroom window.
He expressed concern about what would be placed there since it was directly
at his bedroom window.
16. Attorney Grover stated that there would be no dumpster there since each unit
would have their own space for trash receptacles.
17. Paul Viccica made a motion to approve the variance at 143 Derby Street.
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18. 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 June 15, 2022 meeting of the Board of Appeals was held
remotely,via the online platform Zoom.
Variance Findings:
1. Special conditions and circumstances especially affect the land,building,
or structure involved, generally not affecting other lands,buildings, and
structures in the same district: The "pork chop"shape of the lot does not allow
for proper development of the land.
2. Literal enforcement of the provisions of the Ordinance would involve
substantial hardship to the applicant in attempting to put the property to
productive use. Setbacks on both Daniels and Derby Street would directly
impact the development of the structures on the property.
3. 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.
On the basis of the above statements of fact and findings, the Salem Board of Appeals
voted four (4)in favor(Steven Smalley, Carly McClain, Paul Viccica and Peter Copelas)
and none (o) opposed to grant PETER LUTTS a Variance per Section 4.1.1 Dimensional
Requirements of the Salem Zoning Ordinance to construct five(5) residential dwelling
units.
Receiving four(4)in favor votes,the petition for a variance is approved.
Standard Conditions:
1. 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. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including,but not limited to,the Planning Board.
8. Unless this Decision expressly provides otherwise, any zoning relief
granted does not empower or authorize the Petitioner to demolish or
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reconstruct the structure(s) located on the subject property to an extent of
more than fifty percent (50%) of its floor area or more than fifty percent
(50%) of its replacement cost at the time of destruction. If the structure is
demolished by any means to an extent of more than fifty percent(50%) of
its replacement cost or more than fifty percent (50%) of its floor area at
the time of destruction, it shall not be reconstructed except in conformity
with the provisions of the Ordinance.
9. 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.
Peter Copelas/Vice 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 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 1i,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.
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