Zoning Board of Appeals - 16, 18, & 20R Franklin Street Extension (2021)

June 7, 2021 

Juniper Point Investment Co LLC 
c/o Joseph C. Correnti, Esq.
Correnti & Darling LLP 
63 Federal Street 
Salem, MA 01970 

Re: Decision of the Zoning Board of Appeals to grant a six (6) month extension to Juniper Point Investment Co LLC to exercise rights granted by the December 3, 2018 Board Decision that approved special permits to change from one nonconforming use to another nonconforming use, and variances from minimum required lot area per dwelling unit and maximum number of stories to construct 42 residential units within five buildings at 16, 18 & 20R Franklin Street. The timeline to exercise rights granted by the Decision was previously extended to June 3, 2021 by the Board of Appeals. 

The Salem Zoning Board of Appeals met on Wednesday, May 19, 2021 to discuss your request for a six (6) month extension to exercise rights granted by the December 3, 2018 Board Decision that approved a special permit to change from one nonconforming use to another nonconforming use, and variances from minimum lot area per dwelling unit and maximum number of stories to construct 42 residential units within five buildings. As noted in the letter to you dated April 28, 2021 and was received by Staff Planner Lev McCarthy on May 3, 2021, the timeline to exercise rights granted by the Decision was previously extended to June 3, 2021. The request before the Board on May 19, 2021 was to extend this timeline for a special permit and variances an additional six (6) months, to December 3, 2021. 

On April 28, 2021, a letter from Attorney Correnti on behalf of Juniper Point Investment Co LLC was submitted requesting a six (6) month extension. This extension would commence June 3, 2021 and expire on December 3, 2021. 

As noted by representative Kristin Kolick in the May 19 meeting, since the last extension request the petitioner acquired title of the subject land, and in the process of the deed transactions was able to settle a longstanding deed dispute. The petitioner is continuing their permitting efforts. In resolving the land deed dispute, the petitioner’s land area has been reduced. The December 3, 2018 Board Decision describes 42 residential units within five (5) buildings. Due to the decreased land area, the petitioner now proposes 37 residential units within four (4) buildings. This decrease in buildings and units retains the same density calculation as was permitted by the Board in the initial Decision. The petitioner is still pursuing State permitting, including applications related to the Massachusetts Environmental Policy Act (MEPA) and Chapter 91.      

The petitioner will file updated plans with the Zoning Board of Appeals and Building Commissioner. The Building Commissioner will review the plans in consultation with the Chair of the Board of Appeals. Any changes that affect the zoning relief that was initially granted by the Board of Appeals will be brought back to this Board. 

The Zoning Board of Appeals voted five (5) in favor (Rosa Ordaz, Paul Viccica, Carly McClain, Peter Copelas, and Mike Duffy (Chair)) and none (0) opposed to grant the requested six-month extension to exercise the rights granted by the December 3, 2018 Board Decision. 

This determination shall become part of the record for this project. 

If you require further information, please contact Lev McCarthy, Staff Planner, in the Department of Planning & Community Development at 978-619-5685 or by email at levmccarthy@salem.com. 

Thank you, 

Mike J. Duffy CC: Ilene Simons, City Clerk 

Chair 

City of Salem Zoning Board of Appeals