Zoning Board of Appeals

City of Salem Zoning Board of Appeals Meeting Minutes July 17, 2024 A meeting of the Salem Zoning Board of Appeals (“Salem ZBA”) was held on Wednesday, July 17, 2024 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 Nina Vyedin calls the meeting to order at 6:30 pm. Chair Vyedin 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. Ms. Vyedin also explains the rules regarding public comment. ROLL CALL Those present were: Nina Vyedin, Carly McClain, Paul Viccica, Hannah Osthoff, and Stephen Larrick. Also in attendance were Daniel Laroe – Staff Planner, Voula Orfanos — Acting Zoning Officer, and Jonathan Pinto – Recording Clerk. Those absent were: Ellen Simpson CONTINUANCES Location: 11 March Street (Map 36, Lot 176) (R2 Zoning District) Applicant: Johane Jean-Baptiste Project: A continuation of a public hearing for all persons interested in the petition of JOHANE JEAN-BAPTISTE at 11 MARCH STREET (Map 36, Lot 176) (R2 Zoning District) for a Special Permit per Section 3.3.5 Nonconforming Single- and Two-family Structures of the Salem Zoning Ordinance to expand an existing nonconforming structure with a 192 square foot, one story addition. The addition proposes a 1.8’ front yard setback where a 15’ front yard setback is required. A 3.4’ side yard setback and a 25’ rear yard setback. In the R2 District, 10 feet is required for a side yard setback and 30 feet is required for the rear yard setback. Documents and Exhibitions • Application date-stamped May 20, 2024 and supporting documentation Chair Vyedin introduces the petition. Ms. McClain states she will not be voting as she was not present at the last meeting and was not able to listen to the recording prior to this meeting. Chair Vyedin offers the petitioner an opportunity to continue as there are only four voting Board members. Attorney Ryan Carlucci introduces himself on behalf of the petitioner and requests to continue to the next regularly scheduled meeting of the Zoning Board of Appeals. Motion and Vote: Mr. Viccica motions to continue the petition of JOHANE JEAN-BAPTISTE at 11 MARCH STREET (Map 36, Lot 176) (R2 Zoning District) for a Special Permit per Section 3.3.5 Nonconforming Single-and Two-family Structures of the Salem Zoning Ordinance to expand an existing City of Salem Zoning Board of Appeals July 17, 2024 Meeting Minutes nonconforming structure with a 192 square foot, one story addition with a 1.8’ front yard setback where a 15’ front yard setback is required, a 3.4’ side yard setback, and a 25’ rear yard setback, to the next regularly scheduled meeting of the Zoning Board of Appeals on August 21, 2024. Ms. Osthoff seconds the motion. The vote is four (4) in favor (Nina Vyedin, Hannah Osthoff, Stephen Larrick, and Paul Viccica.) and none (0) opposed. The motion passes. REGULAR AGENDA Location: 3 Smith Street (Map 36, Lot 0014) (R2 Zoning District) Applicant: Julio Da Rosa Project: A public hearing for all persons interested in the petition of JULIO DA ROSA at 3 SMITH STREET, UNIT 2 (Map 36, Lot 0014) (R2 Zoning District) for a Special Permit per Section 3.3.5 Nonconforming Single- and Two-family Structures of the Salem Zoning Ordinance to extend an existing nonconforming structure by enlarging the existing dormer to a measurement of 25’2” X 8’5”. 3 Smith Street does not meet any of the required setbacks in the R2 Zoning District. Documents and Exhibitions • Application date-stamped June 7, 2024 and supporting documentation Chair Vyedin introduces the petition. Meg Valentine introduces herself as the homeowner and states that Julio Da Rosa is their contractor. Ms. Valentine shares a plot plan and describes the existing property, explaining the proposal is to expand an existing dormer to be longer to get more full-sized windows and create more headspace for the bedrooms. Mr. Da Rosa introduces himself and explains that the height of the building and roof are not changing, and the footprint will remain the same. Just the front dormer would be expanded, and Mr. Da Rosa shares images of the proposed dormer expansion. He states that none of the nonconformities will be extended by the proposal. Mr. Da Rosa also notes that they went before the Historic Commission and have made all requested changes to the plans. Chair Vyedin opens the floor to public comment but there is none. Motion and Vote: Ms. Osthoff motions to approve the petition of JULIO DA ROSA at 3 SMITH STREET, UNIT 2 (Map 36, Lot 0014) (R2 Zoning District) for a Special Permit per Section 3.3.5 Nonconforming Single- and Two-family Structures of the Salem Zoning Ordinance to extend an existing nonconforming structure by enlarging the existing dormer to a measurement of 25’2” X 8’5”, 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. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 2 City of Salem Zoning Board of Appeals July 17, 2024 Meeting Minutes 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 is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 9. Petitioner shall obtain street numbering from the City of Salem’s Assessor’s Office and shall display said number so as to be visible from the street. 10. 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. 11. Petitioner shall schedule Assessing Department inspections of the property, at least annually, prior to project completion and a final inspection upon project completion. Mr. Viccica seconds the motion. The vote is five (5) in favor (Nina Vyedin, Paul Viccica, Carly McClain, Hannah Osthoff, and Stephen Larrick) and none (0) opposed. The motion passes. Location: 12 Woodside Street (Map 17, Lot 200) (R2 Zoning District) Applicant: Raymond McSwiggin, Trustee Project: A public hearing for all persons interested in the petition of RAYMOND MCSWIGGIN, TRUSTEE at 12 WOODSIDE STREET (Map 17, Lot 200) (R2 Zoning District) for a Special Permit per Section 3.3.3 Nonconforming Structures of the Salem Zoning Ordinance to extend an existing nonconforming structure by constructing a 17’6” X 4’0” addition at the rear of the home. 12 Woodside Street is nonconforming for lot area and all setbacks required in the R2 Zoning District. Documents and Exhibitions • Application date-stamped June 26, 2024 and supporting documentation Chair Vyedin introduces the petition. Attorney Aiden Church introduces himself on behalf of the petitioner and discusses the property background. The petitioner and family have owned the property since 1962, and the lot and existing structure are nonconforming with respect to setback requirements, width, frontage, and other requirements. Mr. Church indicates the petitioner came before the Board in 2022 to enclose the front porch, and that the current request and proposal is for a single level addition to the rear of the structure. The addition would be a 4 foot by 17-foot 6-inch enclosed entrance/egress to allow for an interior reconfiguration that would provide additional storage and a new bathroom. Mr. Church presents existing and proposed floor plans, as well as a plot plan showing existing and proposed conditions. He notes there are no new nonconformities other than on the right, there the proposal goes past existing covered porch slightly. Mr. Church presents zoning information and a map and discusses the standard, a finding that the proposal is not substantially more detrimental to the neighborhood than the existing nonconforming structure. He describes the proposal as a minor rear 3 City of Salem Zoning Board of Appeals July 17, 2024 Meeting Minutes addition which is already currently used as an egress and entrance, so traffic and use will not be increasing. The proposed addition would replace an existing covered porch. Mr. Church discusses the special permit factors and findings with respect to Section 3.3.5. Chair Vyedin asks about photos of the existing back of house. Mr. Church states there are not more photos or elevations other than the contractor'scontractor’s floor plans and drawings because it was initially thought the work could be done without seeking zoning relief, but that turned out not to be the case. Mr. Church contends the addition will match the architectural character of the house and look similar to the front porch enclosure. Mr. Laroe notes the petition was advertised as Section 3.3.3 but the presentation focused on Section 3.3.5. Mr. Church suggests the standard should be the same, and that he would assume as long as the project in the notice is correct it should not be an issue. Chair Vyedin notes that if the relief being sought changes from a variance to a special permit there is no need to re-advertise as the relief is lighter, but she is unsure of this instance. Mr. Viccica indicates the threshold is not increasing to that of a variance, and that the only difference between 3.3.3 and 3.3.5 is that the building commissioner would have the responsibility of determining whether the nonconformance would increase. He opines that it may not matter which section was advertised. Mr. Viccica also clarifies that the best course of action would be to follow the Section 3.3.3 as advertised and as the attorney to correct the presentation. Mr. Church verbally corrects and requests a Special Permit per Section 3.3.3. Chair Vyedin indicates the Board usually likes to see existing conditions and proposed elevations, but the Board determines in this instance it is not worth requesting the petitioner to return as the work should be similar to prior work already approved by the Board, and Mr. Viccica notes that one of the standard conditions requires the work be in harmony with the existing structure. Mr. Larrick asks if the petitioner spoke to abutters, and Mr. Church states he is unsure. Chair Vyedin opens the floor to public comment. Raymond McSwiggin introduces himself as the property owner and states he spoke to his neighbors, and they were fine with the proposal. Motion and Vote: Mr. Viccica motions to approve the petition of RAYMOND MCSWIGGIN, TRUSTEE at 12 WOODSIDE STREET (Map 17, Lot 200) (R2 Zoning District) for a Special Permit per Section 3.3.3 Nonconforming Structures of the Salem Zoning Ordinance to extend an existing nonconforming structure by constructing a 17’6” X 4’0” addition at the rear of the home, 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. 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. 4 City of Salem Zoning Board of Appeals July 17, 2024 Meeting Minutes 7. A Certificate of Inspection is to be obtained. 8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 9. 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. 10. 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. 11. Petitioner shall schedule Assessing Department inspections of the property, at least annually, prior to project completion and a final inspection upon project completion. Ms. McClain seconds the motion. The vote is five (5) in favor (Nina Vyedin, Carly McClain, Hannah Osthoff, Stephen Larrick, and Paul Viccica) and none (0) opposed. The motion passes. Location: 250, 260 Highland Avenue (Map 8, Lot 118) (B2 Zoning District) Applicant: PN Restaurants Project: A public hearing for all persons interested in the petition of PN RESTAURANTS at 250 HIGHLAND AVENUE (Map 8, Lot 118) and 260 HIGHLAND AVENUE (Map 8, Lot 117) (B2 Zoning District) for a Variance from Section 6.7.6 Drive-Through Facilities, Standard 12-Minimum of 200 Feet from the Property Line of a Residential Use of the Salem Zoning Ordinance to a distance of 65 feet from the closest residential property line. Documents and Exhibitions • Application date-stamped June 25, 2024 and supporting documentation Chair Vyedin introduces the petition, and notes there is a request to continue. Attorney Kristin Kolick introduces herself on behalf of the petitioner and states they would like to continue the matter to the next regularly scheduled meeting as they are in the midst of a planning board decision. Motion and Vote: Mr. Viccica motions to continue the petition of PN RESTAURANTS at 250 HIGHLAND AVENUE (Map 8, Lot 118) and 260 HIGHLAND AVENUE (Map 8, Lot 117) (B2 Zoning District) for a Variance from Section 6.7.6 Drive-Through Facilities, Standard 12-Minimum of 200 Feet from the Property Line of a Residential Use of the Salem Zoning Ordinance to a distance of 65 feet from the closest residential property line, until the next regularly scheduled meeting on August 21, 2024.: 5 City of Salem Zoning Board of Appeals July 17, 2024 Meeting Minutes Ms. McClain seconds the motion. The vote is five (5) in favor (Nina Vyedin, Hannah Osthoff, Paul Viccica, Carly McClain, and Stephen Larrick) and none (0) opposed. The motion passes. MEETING MINUTES June 12, 2024 No Board members have edits. Motion and Vote: Ms. Osthoff motions to approve the minutes from the June 12, 2024 meeting of the Zoning Board of Appeals, as drafted Mr. Viccica seconds the motion. The vote is four (4) in favor and none (0) opposed. The motion passes OLD/NEW BUSINESS None Next Meeting August 21, 2024 ADJOURNMENT Motion and Vote: Mr. Viccica motions to adjourn the meeting. Ms. Osthoff seconds the motion. The vote is all in favor. The motion passes. The meeting ends at 7:42 PM on July 17, 2024. 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-2024 Respectfully submitted, Daniel Laroe, Staff Planner 6