Zoning Board of Appeals
Regular MeetingSalem, MA · September 20, 2023
Minutes
City of Salem Zoning Board of Appeals
Meeting Minutes
September 20, 2023
A meeting of the Salem Zoning Board of Appeals (“Salem ZBA”) was held on Wednesday,
September 20, 2023 at 6:30 pm via remote participation in accordance with Chapter 2 of the Act of 2023 and
a Special Act extending remote participation meetings.
Chair Peter Copelas calls the meeting to order at 6:30 pm.
Chair Copelas explains how individuals can participate in the meeting remotely via Zoom, and that
instructions to participate remotely can also be found on the Salem website. Mr. Copelas also
explains the rules regarding public comment.
ROLL CALL
Those present were: Peter Copelas (Chair), Carly McClain (Vice Chair), Rosa Ordaz, Paul Viccica,
Nina Vyedin, and Hannah Osthoff. Also in attendance were Daniel Laroe – Staff Planner, and
Jonathan Pinto – Recording Clerk. Those absent were: None
REGULAR AGENDA
Location: 124 Boston Street (Map 16, Lot 157) (B2 Zoning District)
Applicant: Farrandia, LLC
Project: A public hearing for all persons interested in the petition of FARRANDIA, LLC at 124
BOSTON STREET (Map 16, Lot 157) (B2 Zoning District) for a Special Permits per
Section 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance to change the
existing nonconforming use as a 1-family dwelling above the existing first floor retail,
personal service or office use to another nonconforming use to have two dwelling units
above the first-floor retail, personal service or office space. Also, Section 3.3.3
Nonconforming Structures of the Salem Zoning Ordinance to extend, alter, and change
the existing nonconforming structure. In addition, variances from Section 4.1.1
Dimensional Requirements for maximum lot coverage for all buildings. Also, 4.1.1
Dimensional Requirements for minimum side yard setback and Section
5.1.5.6 Design to use existing driveway of about 11.5 feet in width which is slightly less
than the 12' width required for driveway which is primarily used to provide for
overnight parking.
Documents and Exhibitions
• Application date-stamped August 30th, 2023 and supporting documentation
Chair Copelas introduces the petition.
Attorney Bill Quinn introduces himself on behalf of the petitioner, and explains the building at 124
Boston Street has existed for over 100 years. He describes the neighborhood and area as mixed use,
and notes a nearby bakery, strip mall, and restaurant, along with residences. Mr. Quinn indicates his
client purchased this property this year for the purpose of investing in Salem, renovating the
building, and managing it. The building is occupied by some sort of commercial or office space on
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the first floor, but Mr. Quinn notes that under current zoning it is illegal to have residences over a
commercial space in the B2 district. There are ones that exist, that he states must have been
grandfathered in. In this case, Mr. Quinn explains the petitioner is seeking to put his real estate
company on the first floor, and would like to renovate the existing third floor to add a second
residential dwelling which would be a two bedroom apartment. The renovations would also add an
additional means of egress to the third floor (there is currently only one) as a rear wood-framed
stairway. Floor plans and architectural renderings have been provided. The third floor character
will not be altered by dormers or any other additions aside from the egress. Mr. Quinn indicates
there is adequate legal parking, with an existing garage and two legal parking spaces. Mr. Quinn
presents the plot plan and other supporting documentation, demonstrating existing and proposed
conditions. There is an approximate two percent increase in lot coverage with the proposed
changes. Mr. Quinn also presents the parking, noting five spaces in total.
Chair Copelas asks what is currently on the third floor of the building. The petitioner presents the
existing floor plan, noting it contains a kitchen, bathroom, and two bedrooms. He states the second
and third floor are currently one unit, but not occupied since he purchased the property. Chair
Copelas asks if the petitioner knows if the property was previously being used as two dwellings since
there are two kitchens, and the petitioner states that he believes it was.
Ms. Osthoff asks if the only change to the property will be the exterior staircase, and the petitioner
confirms that is the case.
Mr. Viccica asks if all five parking spaces will be dedicated to the housing, or if one or two of the
spaces will be for the business on the first floor. The petitioner states two of the spaces will be for
the commercial space.
Mr. Quinn discusses the special permit and variance requirements, and contends the proposed use is
not any more detrimental than the existing use. The Board and Mr. Quinn discuss the variance from
Section 4.1.1 Dimensional Requirements relating to side yard setback, and determine that it is not
required.
Ms. McClain states she lives in the area and thinks the proposal will be a benefit to the
neighborhood.
Chair Copelas opens the floor to public comment but there is none.
Motion and Vote: Ms. McClain motions to approve the petition of FARRANDIA, LLC at 124 BOSTON
STREET (Map 16, Lot 157) (B2 Zoning District) for a Special Permits per Section 3.3.2 Nonconforming
Uses of the Salem Zoning Ordinance to change the existing nonconforming use as a 1-family dwelling above
the existing first floor retail, personal service or office use to another nonconforming use to have two dwelling
units above the first-floor retail, personal service or office space, as well as Section 3.3.3 Nonconforming
Structures of the Salem Zoning Ordinance to extend, alter, and change the existing nonconforming structure,
and variances from Section 4.1.1 Dimensional Requirements for maximum lot coverage for all buildings, and
Section 5.1.5.6 Design to use existing driveway of about 11.5 feet in width which is slightly less than the 12'
width required, subject to the following 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.
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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. A Certificate of Inspection is to be obtained.
8. Petitioner shall obtain street numbering from the City of Salem’s Assessor’s Office and
shall display said number so as to be visible form the street.
9. Petitioner is to obtain approval from any City Board or Commission having jurisdiction
including, but not limited to, the Planning Board.
10. Unless this Decision expressly provides otherwise, any zoning relief granted does not
empower or authorize the Petitioner to demolish or 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.
11. All construction shall be done per the plans and dimension 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.
12. Petitioner shall schedule Assessing Department inspections of the property, at least
annually, to project completion and a final inspection upon project completion.
Mr. Viccica seconds the motion. The vote is five (5) in favor (Peter Copelas, Paul Viccica, Nina
Vyedin, Rosa Ordaz, and Carly McClain) and none (0) opposed. The motion passes.
Location: 75 North Street (Map 26, Lot 58) (BPD, NRCC Zoning Districts)
Applicant: 75 North Street, LLC
Project: A public hearing for all persons interested in the petition of 75 NORTH STREET, LLC at
75 NORTH STREET (Map 26, Lot 58) (BPD, NRCC Zoning Districts), 3 SOUTH
MASON STREET (Map 26, Lot 54) (NRCC Zoning District), 2 COMMERCIAL
STREET (Map 26, Lot 57) (NRCC Zoning District) to re- develop a new four-story
transit oriented mixed-use development that will consist of 60 units and a small
commercial office space on North Street. The applicant is seeking variances per section
4.1.1 Dimensional Requirements from lot area per dwelling unit where 3,500 sq.ft is
required and 742 sq.ft is proposed. A variance from Section 8.4.9 Parking Requirements
where one space is proposed and 1.5 spaces are required. And a variance from Section
8.4.9.c Each unit has a separate exterior entrance if located within 100 feet of a
residentially used parcel in an abutting zoning district. This parcel is within 100 feet of a
residentially used parcel.
Documents and Exhibitions
• Application date-stamped August 29, 2023 and supporting documentation
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Chair Copelas introduces the petition.
Attorney Scott Grover introduces himself on behalf of the petitioner, and states he is joined by one
of the principles of the development team, Chris Koeplin as well as, project engineer Bob Griffin,
and principle project architect Dan Skolski. Scott Thornton of Vanessa and Associates is also
present to answer questions related to traffic and parking. Mr. Grover presents a powerpoint and
explains that the property that is the subject of the petitions consists of three parcels that are located
in the North River Canal Corridor (“NRCC”) zoning district. 75 North Street is a small office
building and shop space facing the extension of north street, 2 Commercial Street is occupied by
Bill’s Towing Company, and 3 South Mason Street is the largest of the three parcels, and is
overgrown. Mr. Grover indicates the applicant is seeking to combine the three parcels as they are
underutilized, to develop a four-story, transit-oriented, mixed-use development that will consist of
60 residential units and a small commercial office space on the North Street corridor. A map of the
area is shown. Mr. Grover states the plans include a significant amount of park space and public
access to the site from the train station downtown. Given the walkability and proximity to the train,
Mr. Grover explains the proposal is for one parking space per residential unit, and nine new spaces
will be created along Commercial Street.
Mr. Grover indicates the petitioner worked with Councilor Stott to conduct well attended
neighborhood meetings at the Salvation Army facility near the site, and a number of changes were
made to the plans before being submitted to the Board based on neighborhood feedback. Mr.
Grover states the initial petition included a request for a special permit to allow multi-family
residential use in the NRCC, but the planning staff clarified that the permit is approved by the
Planning Board, rather than the Board of Appeals. The petitioner will refile for that special permit
with the Planning Board when they file for site plan review and the flood hazard overlay district
permit which are also required for the project. Therefore, Mr. Grover explains, the application
before the Board is just for four variances. One is for lot area per dwelling unit, and Mr. Grover
notes that by right the project would only be allowed to construct 12 units. He contends that similar
relief has been granted for other projects in the area. Mr. Grover informs the Board that 10 percent
of the units will be affordable at 60 percent of the area median income (“AMI”), which as proposed
would be six units. Mr. Grover also notes that in many ways this project complies with dimensional
requirements, including with respect to height, and floor area ratio. Mr. Grover explains that
another variance being sought is for parking, noting that one space rather than the 1.5 spaces
required per ordinance are proposed. Based on similar projects and data, Mr. Grover suggests the
parking is adequate for the needs of this project and consistent with other projects approved under
the PUD provision, including the Brix condominiums. The third variance relates to the buffer zone
that is required in the transitional overlay provisions of the NRCC. Due to the location of the
project within close proximity to residential uses, Mr. Grover explains that zoning requires a buffer
of 50 feet from any residential use, and within that 50 feet any construction or disruption of land is
prohibited. There are no structures in the buffer, however, Mr. Grover indicates the applicant
proposes a small landscaped area and four parking spaces within that area, requiring relief. The
majority of the parking will be beneath the building and out of view. The last variance is a
requirement before the Planning Board can issue the special permit for multi-family use, and is relief
from the requirement that any units located within 100 feet of a residential use parcel in an abutting
zoning district have separate entrances. The building must be significantly elevated above grade due
to flooding concerns, which would make it impossible to have first floor entrances, so a variance is
required.
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Chair Copelas notes that the posted agenda only shows a request for three variances, rather than
four, and asks for clarification. Mr. Copelas and Mr. Grover discuss, noting one was included in the
public notice but not the agenda. Mr. Grover suggests that because it was published, that should be
enough notice to proceed. The Board discusses whether they should proceed, and Mr. Laroe checks
to see. Mr. Grover suggests that the missing variance from the agenda is the least significant in his
opinion, and asks that the Board hear the other three if they cannot proceed on all. The Board
continues on the petition while Mr. Laroe reaches out to the City Solicitor
Mr. Grover discusses the grounds for relief, noting there are several conditions that uniquely affect
this property, limitations and requirements imposed by the state chapter 91 licensing requirements,
challenges created by existing flood conditions, the signification environmental remediation needed
based on past industrial uses, and the need to stabilize poor soil conditions to support new
construction. Mr. Grover contends that with respect to literal enforcement of zoning causing
hardship, the changing neighborhood makes it such that the only use that makes sense for this
parcel is residential, and if zoning were literally enforced there could only be 12 units built, and given
the special conditions and the City’s affordable housing requirements, the parcels could not be
redeveloped if the density was limited to the amount of units allowed by right. Mr. Grover suggests
this is a hardship for the present and any future owners of the property. Mr. Grover states the relief
can be granted without detriment to the public good or derogating from the intent of the zoning
ordinance because there are many public benefits such as the creation of housing including
affordable units, revitalizing several blighted properties, creating a park space, and overall economic
stimulation. Mr. Grover adds that the project will be thoroughly reviewed and vetted but he
Planning Board, along with a site plan review by the Conservation Commission, and other
procedures that will make sure public good is preserved.
Chris Koeplin introduces himself and discusses development goals, noting the proximity of the
proposal to parks, downtown, and the MBTA commuter rail station. Mr. Koeplin describes the
project as an underutilized/urban infill redevelopment that will help reduce commercial traffic while
addressing critical housing needs. With respect to sustainability, the project will be 100 percent
electric and solar and have flood resistance and resiliency, and Mr. Koeplin notes there will be
incremental tax revenue as well. He presents photos of existing conditions and describes the
properties more, noting the need for improvement. He also presents examples of other nearby
projects. Mr. Koeplin presents maps of the area and discusses the NRCC Vision Statement from
2003, which focuses on expanding the urban character of the city, reconnecting diverse
neighborhoods, utilizing vacant parcels, and providing a range of housing types and affordability.
Mr. Koeplin suggests the proposal is consistent with goals of the NRCC, and describes some of the
design elements. He also contends the proposal is consistent with the 2022 Salem Housing Road
Map. Mr. Koeplin presents a project cross-section as well as a proposed site layout, and discusses
traffic impacts in the area, suggesting that the one space per unit proposal is adequate. He notes that
the intersection just after the bridge will need to undergo study during the planning process. Mr.
Koeplin summarizes some the site special conditions, including the ground contamination from a
prior tannery, the FEMA flood zone and flood hazard overlay, and Chapter 91 requirements.
Bob Griffin introduces himself and presents an overhead photo of the area. Mr. Griffin explains
that there will be an improved pedestrian use with improved sidewalks compared to what exists, and
presents additional photos of the area. Mr. Griffin presents a map of the proposal showing the
Chapter 91 jurisdiction and public accommodation zone requirements, and discusses the site
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challenges some more. He notes the benefit of preserving and improving public access to
waterfront, in this case the North River Canal, as well as creating a safe pedestrian path from the
residences and nearby neighborhood to the train station. Mr. Griffin discusses the flood zone
requirements and elevations as well. Mr. Griffin notes the building will store water underneath
during floods, and also presents a map of the proposed parking layout and landscaping. Mr.
Koeplin also notes the nine public parking spaces being proposed along the landscaped area.
Dan Skolski introduces himself and states he lives in Salem and understands the importance of
designing this site well. Mr. Skolski presents additional aerial views of the site and nearby area to
show building heights and the relation of the proposal to downtown and other infrastructure. He
next presents an aerial rendering of the initial proposed development, along with renderings showing
changes based of neighborhood responses to the initial proposal. Mr. Skolski discusses the double
and triple hung windows, along with building materials, and shows additional renderings from
various angles and views. Mr. Skolski states the units will have lots of natural light, and also presents
exterior elevations.
Chair Copelas asks Mr. Grover if anyone would like to speak to the traffic data and information
included in the petition. Mr. Grover states they did not intend to present on it because of the length
of the presentation already, but that Scott Thornton is present for any questions.
Mr. Viccica states most of what has been presented has been Planning Board information, and that
the issues of traffic and parking should be discussed with the Board since they are germane to the
variance requests. He also notes there needs to be more information regarding the entrance and
egress, not just for the building but onto North Street. Mr. Viccica asks for information on recently
approved buildings with only one parking per residence that have been fully realized and any results
or ramifications. He states it would be helpful to hear about other projects receiving similar
variances and any lessons learned, as well as data, perhaps even anecdotal, about how it has worked.
Mr. Grover states the only completed project with the one-to-one parking ratio is the Brix project
located fairly close to this proposal, but that others are still pending Planning Board review. He also
reiterates that Mr. Thornton is present for any specific questions the Board of public may have, but
notes he can also speak on the matter for a few moments. Mr. Viccica also notes there are several
large projects being proposed and underway in the area, and that the larger picture must be
considered with respect to this proposal, not just the proposal itself. Mr. Grover indicates there will
be a full site plan review, which will include a comprehensive traffic study as part of the approval
process.
Mr. Laroe provides an update from the City Solicitor, noting the Board can hear and rule on the
three variances in the agenda, or has the option of continuing and ruling on all four variances at a
future meeting once properly noticed.
Mr. Thornton introduces himself and explains some initial traffic analysis was conducted with the
intent of providing some real world data to go along with standard industry guidelines and methods,
knowing full well that there will be a more thorough analysis of traffic and parking as part of the site
plan review process. Mr. Thornton indicates traffic counts and parking utilization information was
studied for nearby sites. Nearby similar sites such as Halstead Station apartments and South Mason
condominiums generate somewhere between 17 and 37 percent less traffic than what would be
expected under ITE guidelines and standards. He suggests this is most likely because of proximity
to the train station and downtown, along with more people working from home and moving away
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from motor vehicles generally. Mr. Thornton also states that with respect to parking counts, parking
demand ratios ranged from 0.9 to 1.3 spaces per unit. He suggests the proposal here is most
similarly to those with rations closer to 0.9 spaces per unit, and that therefore the proposed parking
is appropriate. He also notes an overall trend toward less parking. Mr. Thornton emphasizes the
proposals proximity to the train station and bike infrastructure, and again notes there will be
comprehensive traffic review at some point.
Mr. Viccica states that because the development must be not more detrimental to the neighborhood,
he would like more information about the intersection leading onto North Street, with an
understanding that a full traffic study will be completed at a future date.
Chair Copelas asks if someone can provide an overview of the general traffic flows in and out of the
property and area, including into the parking lot and other areas nearby. Mr. Koeplin presents a
slide showing pedestrian and traffic flow and discusses expected movements. Mr. Copelas asks if
there is any surface parking outside besides the nine public spaces on the street. Mr. Koeplin notes
there will be four surface spaces, which will be resident parking, and also notes that the nine public
spaces are currently occupied by commercial vehicles, which will not be the case going forward.
Ms. Vyedin asks if studies will be done on the intersection onto North Street, and Mr. Thornton
confirms it will be studied, along with other nearby intersections. Mr. Viccica raises concerns about
the intersections and the impact of 60 additional cars and units, and suggests further discussion
would be helpful. Ms. Vyedin agrees. Mr. Viccica states for next meeting he would like more
information and insight on where the traffic proposal is heading. Mr. Thornton contends that the
number of peak hour trips would not be a large impact based on current assumptions and other
nearby properties, although it will be an increase compared to what is there now. He also compares
the proposed use to the commercial uses currently which involve towing trucks and flatbeds.
Chair Copelas opens the floor to public comment.
Polly Wilbert of 7 Cedar Street introduces herself and suggests the Board check with the City
Solicitor as she does not believe commenters are legally required to provide their address. Ms.
Wilbert contests the assumption that a residential project is the only viable use for the parcels,
stating that the discussions on urban needs and what should good there has been shortsighted. Ms.
Wilbert suggests there is a benefit to the towing company being located where it is, as it is better
than having a tow company in the middle of the City. She expresses concerns that the entrance to
the building will still be in the flood plain, and additional concerns about emergency vehicles
accessing the area in the event of a major storm. Ms. Wilbert also states there is age discrimination
built into the discussions of the proposal being transit, pedestrian, and bike oriented. Ms. Wilbert
states that some people just want to get into their car to go to the grocery store or get medications,
and that in that respect this proposal is narrow-minded.
Kaitlyn Karedis of 14 Commercial Street introduces herself and expresses concerns about the
impact of construction in the area, particularly since it is a flood-prone area. Ms. Karedis also notes
the area has been designated for businesses and not for residential use, and argues that introducing
the residential use will put a strain on the parking situation and traffic. She asks about traffic
mitigation measures.
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Jack Priest of 6 Water Street introduces himself on behalf of the Trustees for Salem Maritime, direct abutters
to the new project. He states they are in favor of the project as it focuses on a blighted and underdeveloped
area and addresses some of the problems. Mr. Priest states they share concerns with other neighborhoods
about traffic impacts and look forward to hearing more about mitigation efforts. He also discusses current
difficulties regarding the nearby intersections and traffic flow.
Barbara Warren of 5 Hardy Street introduces herself as the directer of Salem Coast Watch, located at 12
Federal Street. Ms. Warren states Salem Coast Watch is aware of Commercial Street working with the City to
create the rain gardens, and calls to attention to the fact that they were planted with plants that can tolerate
brackish water, but they all died within the first summer and it is now made of all salt marsh plants. She states
this is a tidal area and the river wants to reclaim where it was, which is why the area is Chapter 91. Ms.
Warren suggests flooding has increased steadily, and that in 2050 the projection by the State shows 1.4 to 3.1
feet of sea level rise. Ms. Warren suggest thinking twice about placing people in harms way, and also
expresses concerns related to parking and traffic impacts. Ms. Warren also notes that North Street is at
elevation 8 feet, and that parking will be at 12 feet, so if there is nearby flooding cars will not be able to get out
and emergency vehicles could not get in. She states she is interested in learning more about the plans to store
flood water underneath the building, noting the water will likely need to go through the proposed landscaped
area.
James Tegeder (no address provided) introduces himself on behalf of Historic Salem and states a letter was
submitted to the Board. Mr. Tegeder hopes the project will be compatible with all of the provisions of the
NRCC plan, and include character details such as massing and historic details. He encourages all to look at
the submitted letter.
Sally Ferrell (no address given) introduces herself as a member of the Ice Cream Way condominium
community, a close abutter, and states she is excited for the project. The area to be developed is overgrown
and requires improvement, and Ms. Ferrell suggests the introduction of additional residences will be a good
thing.
Peggy Bukowski of 12 Holly Street introduces herself on behalf of Spartan Oil on Commercial Street, and
states as a business and Salem resident, the area suffers from increasing congestion and traffic, particularly
with the new residential properties added recently. She states that the majority of this property will be located
on Commercial Street, and suggests it is called “Commercial Street” for a reason. Ms. Bukowski expresses
concerns that businesses will be pushed out of the area by a proposal that will not need to abide by the same
rules and restrictions. She does not believe the proposal is in line with neighborhood characteristics, and
expresses additional concerns about traffic. She also states she would like to prevent the area from becoming
a new Cambridge-type area, and stresses the importance of preserving the City character as it is.
Rosalie Hezekiah introduces herself as a business owner at 20 Commercial Street. Ms. Hezekiah expresses
support for the project, noting she has been a business owner on the street for the last eight years. She states
she can only imagine how much better the street would look and feel with this kind of upgrade, as the
abandoned spaces and tow yard is an eyesore. She agrees with some concerns regarding traffic, but cannot
imagine who else would want to develop this space with all the hurdles required.
Chair Copelas notes there will be additional opportunity for public comment at the next ZBA meeting, as this
petition will likely be continued.
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Ms. Vyedin asks about Chapter 91 requirements, and Mr. Griffin explains that as you get closer to the water,
restrictions become more significant, but because the proposal is at least 100 feet away from the water they
can build a non-water-dependent building. He discusses the criteria a bit more generally. Ms. Vyedin also
emphasizes the concerns raised by Ms. Warren, and asks that they be discussed more at the next meeting.
Mr. Viccica asks that the next meeting also address the as-right amount of residences compared to what is
proposed, and why 40 or some number less than 60 was not considered or proposed.
Mr. Copelas asks which parcels of landed are currently owned by the developer making the proposal. Mr.
Grover states 75 North Street is owned, and that the other parcels are under agreement pending approvals.
Motion and Vote: Ms. Vyedin motions to continue the petition of 75 NORTH STREET, LLC at 75
NORTH STREET (Map 26, Lot 58) (BPD, NRCC Zoning Districts), 3 SOUTH MASON STREET (Map
26, Lot 54) (NRCC Zoning District), 2 COMMERCIAL STREET (Map 26, Lot 57) (NRCC Zoning
District) to re- develop a new four-story transit oriented mixed-use development that will consist of 60 units
and a small commercial office space on North Street, seeking variances per section 4.1.1 Dimensional
Requirements from lot area per dwelling unit where 3,500 sq.ft is required and 742 sq.ft is proposed, a
variance from Section 8.4.9 Parking Requirements where one space is proposed and 1.5 spaces are required,
and a variance from Section 8.4.9.c as this parcel is within 100 feet of a residentially used parcel, to the next
regularly scheduled meeting of the Zoning Board of Appeals on October 18, 2023.
Mr. Viccica seconds the motion. The vote is five (5) in favor (Nina Vyedin, Peter Copelas, Paul
Viccica, Rosa Ordaz, and Carly McClain) and none (0) opposed. The motion passes.
MEETING MINUTES
August 16, 2023
Mr. Viccica notes one proposed edit, at the very end there is a discussion about why Mr. Viccica and
Ms. Ordaz are not interested in being Chair, and states they are overbooked, rather than having a
lack of interest.
Motion and Vote: Mr. Viccica motions to approve the minutes from the August 16, 2023 meeting
of the Zoning Board of Appeals, as amended. Ms. Ordaz seconds the motion. The vote is five (5)
in favor and none (0) opposed. The motion passes
OLD/NEW BUSINESS
None.
Next Meeting
October 18, 2023
ADJOURNMENT
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Motion and Vote: Mr. Viccica motions to adjourn the meeting. The vote is all in favor. The
motion passes.
The meeting ends at 8:59 PM on September 20, 2023.
For actions where the decisions have not been fully written into these minutes, copies of the
Decisions have been posted separately by address or project at:
https://www.salem.com/zoning-board-appeals/pages/zoning-board-appeals-decisions-2023
Respectfully submitted,
Daniel Laroe, Staff Planner
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Agenda
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEALS
98 WASHINGTON STREET SALEM, MASSACHUSETTS 01970
TEL: 978-619-5685
DOMINICK PANGALLO
MAYOR
NOTICE OF MEETING
Notice is hereby given that a meeting of the Salem Zoning Board of Appeals will be held
on September 20, 2023, at 6:30 p.m.
**Via remote participation**
This is in accordance with Chapter 2 of the Acts of 2023
Peter A. Copelas, Chair
Important Announcement:
Every effort will be made to ensure that the public can adequately access the
proceedings in real time, via technological means. In the event that we are unable to do
so on matters not requiring a public hearing, we will post on the City of Salem’s website
an audio or video recording, transcript, or other comprehensive record of proceedings
as soon as possible after the meeting.
Individuals may participate remotely in the meeting via a remote participation platform
called Zoom. Members of the public and/or parties with a right and/or requirement to
attend this meeting may access the remote participation meeting through any one of
the following ways:
Attending the Virtual Public Meeting:
• Go to Website link:
https://us02web.zoom.us/j/83964128644?pwd=cTNlTlFic2pKNWlOZnV
3dW9yb1loUT09, go to the website link https://zoom.us/join and enter
meeting ID #839 6412 8644 followed by meeting password 011324
if directed to do so on screen.
• Dial toll-free phone number 877-853-5257. When prompted enter
meeting ID #839 6412 8644 followed by meeting password 011324
if directed. Those calling in will not have access to the direct video
feed of the meeting, but can follow along with the project materials
available for download at Salem.com/ZBA
• Watch the meeting live on Salem Access Television Chanel 22.
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City of Salem Zoning Board of Appeals
Agenda for September 20, 2023
Page 2 of 4
• Project materials are available for download at
(https://tinyurl.com/SalemZBA)
Providing Public Comment During the Meeting:
Members of the public attending this meeting virtually will be allowed to make
comments during the portion of the hearing designated for each agenda item. Members
of the public will be asked to use the virtual “Raise Hand” function in Zoom to indicate
that they would like to provide comment.
• Dial *9 on your phone’s dial pad to raise your hand if you are using the toll-free
number.
• Click the “Raise Hand” button if you are using the Zoom application on your
computer or phone.
For each agenda item, the moderator will identify attendees with raised hands by their
screenname or the last 3 digits of their telephone number and will then unmute them.
The moderator will then request that the attendee unmute their device to provide their
full name, address, and comment for the record.
The moderator will go down the list of attendees in the order presented by the Zoom
application. The attendee list is ordered so that phone numbers are first, followed by an
alphabetical list of the screen names of attendees accessing Zoom through a computer,
tablet, or smartphone. Anyone that speaks about an issue unrelated to the agenda
items will be immediately muted.
Providing Public Comment Before the Meeting:
Members of the public can alternatively email their comment before the start of the
meeting to zoningboardcomments@salem.com.
Familiarizing Yourself with Zoom:
We encourage members of the public to install and familiarize themselves with Zoom in
advance of the meeting.
If you plan on providing public comments and are logging into this meeting via the
Zoom application, please test your speakers and microphone ahead of time. If we have
trouble hearing you when you speak, we will move on to the next person and try to
return to you later in the list. If this happens, we recommend that you call the toll-free
number to access the meeting and provide your comment.
The Zoom meeting will open 15 minutes before the start of the meeting to allow
participants to connect and practice with the audio and raise hand functions.
Know your rights under the Open Meeting Law M.G.L. c. 30A § 18-25 and City
Ordinance § 2-2028 through § 2-2033.
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City of Salem Zoning Board of Appeals
Agenda for September 20, 2023
Page 3 of 4
MEETING AGENDA
I. ROLL CALL
II. REGULAR AGENDA
1. Location: 124 Boston Street (B2 Zoning District)
Applicant: Farrandia, LLC
Description: The petition of FARRANDIA, LLC at 124 BOSTON STREET (Map 16,
Lot 157) (B2 Zoning District) for a Special Permits per Section 3.3.2
Nonconforming Uses of the Salem Zoning Ordinance to change the existing
nonconforming use as a 1-family dwelling above the existing first floor retail,
personal service or office use to another nonconforming use to have two
dwelling units above the first-floor retail, personal service or office space. Also,
Section 3.3.3 Nonconforming Structures of the Salem Zoning Ordinance to
extend, alter, and change the existing nonconforming structure. In
addition, variances from Section 4.1.1 Dimensional Requirements for maximum
lot coverage for all buildings. Also, 4.1.1 Dimensional Requirements for minimum
side yard setback and Section 5.1.5.6 Design to use existing driveway of about
11.5 feet in width which is slightly less than the 12' width required for driveway
which is primarily used to provide for overnight parking.
2. Location: 75 North Street (BPD,NRCC Zoning Districts)
Applicant: 75 North Street, LLC
Description: The petition of 75 NORTH STREET, LLC at 75 NORTH STREET (Map
26, Lot 58) (BPD, NRCC Zoning Districts), 3 SOUTH MASON STREET (Map 26, Lot
54) (NRCC Zoning District), 2 COMMERCIAL STREET (Map 26, Lot 57) (NRCC
Zoning District) to re- develop a new four-story transit oriented mixed-use
development that will consist of 60 units and a small commercial office space on
North Street. The applicant is seeking variances per section 4.1.1 Dimensional
Requirements from lot area per dwelling unit where 3,500 sq.ft is required and
742 sq.ft is proposed. A variance from Section 8.4.9 Parking Requirements where
one space is proposed and 1.5 spaces are required. And a variance from Section
8.4.9.c Each unit has a separate exterior entrance if located within 100 feet of a
residentially used parcel in an abutting zoning district. This parcel is within 100
feet of a residentially used parcel.
Know your rights under the Open Meeting Law M.G.L. c. 30A § 18-25 and City
Ordinance § 2-2028 through § 2-2033.
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City of Salem Zoning Board of Appeals
Agenda for September 20, 2023
Page 4 of 4
IV. APPROVAL OF MINUTES
Minutes for 8.16.23
V. OLD/NEW BUSINESS
VI. ADJOURNMENT
Persons requiring auxiliary aids and services for effective communication such as sign
language interpreter, an assistive listening device, or print material in digital format or
a reasonable modification in programs, services, policies, or activities, may contact the
City of Salem ADA Coordinator as soon as possible and no less than two (2) business
days before the meeting, program, or event.
This agenda is subject to change.
Know your rights under the Open Meeting Law M.G.L. c. 30A § 18-25 and City
Ordinance § 2-2028 through § 2-2033.
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