Loading...
122_Derby_St_-_Statement_of_Grounds1 STATEMENT OF GROUNDS FOR SPECIAL PERMIT I. Introduction Applicant Robert W. Burkinshaw, Trustee of the Robert W. Burkinshaw Trust, u/d/t dated May 15, 2017 (hereinafter “Applicant”) hereby submits his application for a Special Permit to extend and structurally change a portion of the second level of the building on his property located at 122 Derby Street, (the “Premises”) and to reconstruct a portion of said building (the “Shed portion”) which was recently demolished per request of the Building Commissioner’s office for safety reasons (together hereinafter referred to as the “Proposed Work”). The Applicant seeks a Special Permit pursuant to Section 3.3.3 of the Zoning Ordinance and Mass.Gen.Laws c. 40A, §6. Under Section 6 of Chapter 40A, the extension and change of the structure on the Premises are permitted if: (1) the extension or change themselves comply with the Zoning Ordinance; and (2) the structure as extended and changed is found by the Zoning Board of Appeals (the “Board”) to be not substantially more detrimental to the neighborhood than the pre-existing nonconforming structure. See Mass.Gen.Laws c. 40A, §6; and Rockwood v. The Snow Inn Corp., 409 Mass. 361, 363-64 (1991). Similarly, under Section 3.3.3 of the Zoning Ordinance, the Board may award a Special Permit to reconstruct, extend, alter, or change a nonconforming structure “if it determines that such reconstruction, extension, alteration, or change shall not be substantially more detrimental than the existing nonconforming structure to the neighborhood.” See Zoning Ordinance, Section 3.3.3. For the reasons set forth herein, the Applicant submits that a Special Permit should be granted because the Proposed Work will comply with the Zoning Ordinance and will not be substantially more detrimental to the neighborhood than the existing nonconforming structure. 2 II. Background, Including Dimensional Requirements and Dimensions of the Existing Structure. The Premises are located in the Neighborhood Business District (District B1), which is a commercial and mixed use district under Section 2.1 of the Zoning Ordinance. Since at least 1971, Ye Olde Pepper Companie Ltd. 1 has operated a candy-making and retail business on the Premises. Although the bulk of the company’s candy manufacturing is done at its Lawrence, Massachusetts location, the company still manufactures some candy on the Premises, as it has done since first locating there. Because food manufacturing is not a use permitted as of right in the B1 District, the current use constitutes a lawful, pre-existing, nonconforming use under the law. The Proposed Work will not involve any change to the use of the Premises, and the Applicant seeks no zoning relief for same. The new space created by the Proposed Work will permit the company to have greater storage area for supplies and finished goods on the premises, instead of having to store those items off premises. It will result in more efficiency and convenience for the company. Under Section 4.1.1 of the Zoning Ordinance, i.e., the Table of Dimensional Requirements, the relevant required, existing, and proposed dimensional requirements for the Premises are as follows: Dimension Required Existing Proposed Min. Lot Area (sq. ft.)2 2,000 1,541 1,541 Min. Lot Width (ft.)3 30 52.85 52.85 Min. Lot Frontage (ft.)4 60 52.85 52.85 1 Robert W. Burkinshaw is the Owner and President of Ye Olde Pepper Companie Ltd. 2 See Zoning Ordinance, p. 23. 3 See id., p. 23. 3 Min. Depth of Front Yard (ft.)5 15 0 0 Min. Width of Side Yard (ft.)6 ___ 27.58 27.58 Min. Depth of Rear Yard (ft.)7 30 0 0 Max. Lot Coverage by All Bldgs. (%)8 100% 76.8% 76.8% Max. Height of Bldgs. (ft.)9 70 24 24 Floor Area Ratio 10 6 to 1 1.53 to 1, (2,354.92 sq. ft. ÷ 1,541 sq. ft.) 1.66 to 1 (2,559.98 sq. ft. ÷ 1,541 sq. ft. Thus, the existing structure, including the demolished Shed portion, is a lawful, pre- existing, nonconforming structure as to minimum lot frontage, minimum depth of front yard, minimum depth of rear yard, and minimum lot area. It conforms to zoning on the remaining dimensional requirements. The Proposed Work will not be any more nonconforming than the existing structure, and the Proposed Work itself will comply with the requirements of the Zoning Ordinance. See Mass.Gen.Laws c. 40A, §6, supra; and Rockwood, supra, 409 Mass. at 363-64. The Proposed Work also will not create any new non-conformities. 4 See id., p. 21. 5 See id., p. 21. 6 See id., p. 23. 7 See id., p. 21. 8 See id., p. 23. 9 See id., p. 23. 10 See id., p. 23. 4 Finally, the Proposed Work will not be substantially more detrimental to the neighborhood than the pre-existing nonconforming structure. 11 All of the work will be within the current footprint of the structure. The Proposed Work will result in a building that will be no higher than the highest part of the existing building, i.e., it will be well below the 70-foot height requirement of the Zoning Ordinance as set forth on page 23 thereof. After addition of a second floor to the remainder of the main building and conversion of the Shed portion from 1-story to 1 ½ stories, the floor area ratio of the structure will increase slightly from 1.53:1 to 1.66:1, well below the maximum floor area ratio permitted for non-residential uses in the B1 District (See Zoning Ordinance, p. 23). The Proposed Work will permit the company to continue to serve the community by creating and selling its unique confections to the public, including the thousands of tourists who visit Salem each year. The Proposed Work will not affect traffic flow in the neighborhood, and parking for the business will continue to be on-street parking. The Proposed Work will not significantly increase the business’ or building’s use of public utilities and other public services, and it will have little to no additional impact on the environment than the current structure and use. It will likely result in a slightly higher property tax assessment due to the slightly increased size of the structure. As shown on the plans and renderings submitted with the Application, the Proposed Work will result in a more attractive building that fits well in the neighborhood. It is worth noting that on November 23, 2021, the Salem Historical Commission gave the Proposed 11 Indeed, the existing structure itself is not detrimental to the neighborhood in any material way. However to the extent that the current nonconformities of the existing structure are deemed to be in any possible way detrimental to the neighborhood, the Proposed Work could not reasonably be deemed to be substantially more detrimental where all of the current nonconformities will remain the same after construction. 5 Work conceptual approval, with the caveat that detailed plans are to be submitted after any zoning approvals are obtained. In summary, the Proposed Work will be a benefit to the neighborhood by improving the appearance of the Premises and by permitting Ye Old Pepper Companie Ltd. to continue to do business in downtown Salem for many years to come.