143 Derby St. application (stamped) Firefox https://salemma.viewpointcloud.com/track/304080/step/121234
i c'ntotrq CITY OF SALEM, MASSACHUSETTS
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BOARD OF APPEALS
98 WASHINGTON STREET,2ND FLOOR
SALEM,MASSACHUSETTS 01970
Thomas St.Pierre,Director of Inspectional Services
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Daniel Laroe,Staff Planner *�
Kimberly Driscoll Phone:978-619-5685 r y
Mayor ,
Zoning Board of Appeals Application ;
Application ID: ZBA-22-23 Date submitted: April 26, 2022 CD
TO THE BOARD OF APPEALS:
The Undersigned represent(s)that they are the owner(s)of a certain parcel of land located at:
Address: 143 DERBY STREET Zoning District:B1
An application is being submitted to the Board of Appeals for the following reason(s):
See statement of grounds attached.
For this reason,I am requesting:
[true]Variance(s)from provisions of Section Section 4.1.1 of the Zoning Ordinance,specifically from Minimum area per dwelling unit;
front rear and side setbacks.See statement of grounds attached..
( ]A Special Permit under Section of the Zoning Ordinance in order to
[_]Appealing a Decision of the Building Inspector:
[_]Comprehensive Permit:
Current Property Use:Commercial 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):
See statement of grounds/hardship attached.
Statement of Grounds(for Special Permits):
Petitioner: Peter Lutts if different from petitioner
Address:500 Cummings Center,Suite 5150,Beverly,MA 01915 Property Owner:Captain Dustys
Telephone:9789791275 Address:60 Beach Street, Manchester,MA 01944
Email:peter@herrickl tts.com Telephone:9787440777
Email:-captaiadustyQve n.ri
r
Signature:
ZZ Signature:
Date: Z y
Date:
1 of 2 4/26/2022, 12:09 P1
Firefox https:Hsalemma.viewpointcloud.com/track/3 04080/step/121234
tf different from petitioner
Representative:Scott M.Grover
Address:27 Congress Street,Suite 414,Salem,MA 01970
Telephone:9787458065
Email:smgrover@tin' vins.co
Signature:
Date: Al W
2 of 2 4/26/2022, 12:09 P]
STATEMENT OF GROUNDSMARDSHIP
The property that is the subject of this petition is located at 143-145 Derby Street. Presently, the
property is occupied by a single mixed-use building with a retail/commercial use on the first
floor and one residential dwelling unit above. There is a separately assessed parking lot adjacent
to the building. The property is located on a corner lot in the B-1 Zoning District and is also
located in the Derby Street local historic district.
The petitioner has an agreement to purchase the property from the current owner and is
proposing to eliminate the commercial use and construct five residential dwelling units on the
property. This multi-family use is permitted in the B-1 District. The existing building will be
substantially renovated to include one of the new units and the remaining units will be located in
newly constructed buildings. There will be 10 parking spaces serving the five units which
comfortably exceeds the 1.5 spaces per unit required by the Zoning Ordinance. The height of the
new buildings will also comply with the 30-foot height requirement in the district. As shown on
the zoning table on the plan submitted with this application, the existing building on the site is
non-conforming with respect to front and side setback requirements and the new buildings will
also not conform to those requirements as well as to the rear yard setback. In addition, the
proposed lot area per dwelling unit of 1,781 s.f. does not conform to the 3,500 s.f. requirement in
the district. Therefore,the petitioner is requesting variances from these dimensional standards.
This lot and the building located upon it have special characteristics that make it difficult to
redevelop if the dimensional requirements of the Ordinance were strictly enforced. The fact that
the building is located in a local historical district compels its preservation which adds significant
complexities to redevelopment of this site. Also, the present building is situated just inches from
the easterly lot line leaving a large portion of the property undeveloped and a significant section
of the streetscape empty. Further, the lot is located on a corner and has an unusual pork chop
shape. All of these conditions suggest that a new building of some significant size is the
appropriate way to develop this site. However, given the lot area requirements of the Ordinance,
only two dwelling units would be permitted on this site. In addition, the fact that the property is
a corner lot requires the front yard setbacks to be applied from both streets which would cause
any new structure lot to be located in such a way that it would be totally inconsistent with
existing streetscape and character of the neighborhood. For these reasons, a literal enforcement
of the dimensional requirements of the Ordinance would cause a substantial hardship to the
petitioner and the owner. The proposed redevelopment of the property is entirely consistent with
the character of this neighborhood in terms of density and setbacks from lot lines, so the
requested relief could be granted without any significant detriment to the neighborhood and
without derogating from the intent of the Zoning Ordinance. In fact, the elimination of an active
commercial use in such close proximity to many residential dwellings with adequate parking to
serve the new residences will be a substantial benefit to the neighborhood.
City of Salem Department of Planning and Community Development
Check Receipt and Tracking Form
Please complete the form and make two (2) copies
Date Received C)to
Amount Received ���
Form of Payment ® Check ❑ Money Order
Client Information 1`
1 ►/7T i Q QI i/ls
❑ Artists' Row Rent
❑ Clerk of the Works Fee
❑ Conservation Commission Fee
❑ Charlotte Forten Plaza Use Fee
Payment received for ❑ Derby Square Plaza Use Rental Fee
what service? ❑ Old Town Hall Rental Fee R l ` ,�
❑ Planning Board Fee CCEI �/
❑ Salem Ferry APR 26 2022
❑ SRA/DRB Fee
❑ ZBA Fee DEPT OF,
;,Lyp1NING &
MMUNITY DEVELOPMENT
❑ Other CO
Staff receiving payment 'KtA F
Additional Notes
Tinti&Navins,PC North Shore Bank �46
Salem Operating ss" ��s
27 Congress St,Suite 414
Salem,MA 01970
PAY Two hundred fifty and NO/100
TO THE _
ORDER OF AMOUNT y
City of Salem o
04/26/2022 $250.00 t
City of Salem a
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AUTHOR[ZEE)SIGNATURE a
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11'001046'Is 1: 2113712981: 9951397311-
Original Check and Form: Treasurer's Office
Copy 1: Client
Copy 2:Application File
Scan and email if required