Zoning Board of Appeals

City of Salem Zoning Board of Appeals Meeting Minutes November 12, 2024 A practice/training meeting of the Salem Zoning Board of Appeals (“Salem ZBA”) was held on Wednesday, November 12, 2024 at 6:30 pm. Chair Nina Vyedin calls the meeting to order at 6:31 pm. ROLL CALL Those present were: Nina Vyedin, Carly McClain, Paul Viccica, Hannah Osthoff, Ellen Simpson, and Stephen Larrick. Also in attendance were Robyn Lee – Staff Planner, Voula Orfanos — Acting Zoning Officer, Robin Stein – Legal Counsel, and Jonathan Pinto – Recording Clerk. Those absent were: None. Attorney Robin Stein of KP Law introduces herself and begins a presentation to the Zoning Board of Appeals. Ms. Stein discusses the Zoning Act, G.L. c. 40A, which establishes a consistent statewide framework for regulation of land uses, as well as standardizes procedures to administer municipal zoning ordinances. The main goals are promoting health, safety, public convenience, and welfare. Ms. Stein also discusses administration of the Zoning Act through variances, findings, appeals, and special permits, as well as various bylaws and sections of chapter 40A. Ms. Stein explains various types of land use, including allowed by right, prohibited, exempt, those allowed by special permit, and those subject to site plan review. Ms. Stein also discusses the “Dover Amendment” which provides that the Board cannot prohibit, restrict, or unreasonably regulate certain uses. Next, Ms. Stein presents accommodations for persons with disabilities and discuss the Federal Fair Housing Amendments Act of 1988. Ms. Stein discusses nonconforming uses and structures under G.L. c. 40A, section 6, and uses and structures that lawfully existed prior to the adoption or amendment of zoning ordinance and may continue. She also discusses abandoned uses and answers clarifying questions from the Board. Ms. Stein explains some of the specifics related to non-conforming single and two-family residential dwellings, and permissible alterations, reconstructions, and extensions. Ms. Stein also discusses other non-conforming structures and uses under section 3. Ms. Stein explains variances in more detail, including the required findings to grant a variance, namely a finding of unique circumstances relating to soil, shape, or topography of the land or structure, a finding of hardship, and public good. Variances can be granted with conditions or safeguards. She also discusses special sections related to various overlay districts. Ms. Stein reviews best practices for hearing and reviewing applications, site visits, quorum requirements, as well as the Mullin Rule under G.L. C. 39, section 23D. She also discusses the requirements for voting a decision, and what should be included in a motion. Ms. Stein notes the various timelines for special permits, variances, appeals, and site plan updates. Ms. Stein also City of Salem Zoning Board of Appeals November 12, 2024 Meeting Minutes discusses open meeting law, general zoning enforcement, and conflicts of interest. Finally, Ms. Stein explains the concept of public records. She answers remaining questions from the Board members. MEETING MINUTES None OLD/NEW BUSINESS None Next Meeting November 20, 2024 ADJOURNMENT Motion and Vote: Mr. Viccica motions to adjourn the meeting. Mr. Larrick seconds the motion. The vote is all in favor. The motion passes. The meeting ends at 8:17 PM on November 12, 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, Brennan Postich, City Staff Planner 2