Zoning Board of Appeals

City of Salem Zoning Board of Appeals Meeting Minutes November 20, 2024 A meeting of the Salem Zoning Board of Appeals (“Salem ZBA”) was held on Wednesday, November 20, 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 6:31 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, Paul Viccica, Hannah Osthoff, Ellen Simpson, and Stephen Larrick. Also in attendance were Robyn Lee – Acting Staff Planner, Voula Orfanos — Acting Zoning Officer, and Jonathan Pinto – Recording Clerk. Those absent were: None. CONTINUANCES Location: 45 Jefferson Avenue (Map 25, Lot 0653) (I/ECOD Zoning Districts) Applicant: ZXE, LLC Project: A continuation of a public hearing for all persons interested in the petition of ZXE, LLC at 45 JEFFERSON AVENUE. (Map 25, Lot 0653) (I/ECOD Zoning Districts) for a Variance from Section 4.1.1 Dimensional Requirements to construct a five-story self-storage facility. The proposed self-storage facility will require variances for height where 59 feet is proposed and 45 feet is allowed. A Variance for side setbacks where 19.5 feet is proposed and 30 feet is required and a Variance for lot coverage where 49.9% is proposed and 45% is permitted. Documents and Exhibitions • Application date-stamped July 31, 2024 and supporting documentation Chair Vyedin introduces the petition. She notes there has been a change in the side setback and height variance request, but that no re-advertisement was required. Attorney Scott Grover introduces himself on behalf of the petitioner and property owner. He also introduces Gordon McLaughlin, Dan Whitney, Dan Ricciarrelli and Todd Waller. Mr. Grover presents an aerial map and zoning map of the area, and states that the elements of relief are not changing. He summarizes the prior meeting, and describes the property as a 1 acre, long and narrow site with industrial obsolete buildings. The original plan was for five stories, 59 feet high. Pursuant to concerns expressed by the Board, the petitioner has provided updated plans proposing four stories at 45 feet in height. The plans also now shift the building west, increasing the setback relief on that side but reducing it on the east. The lot coverage has increased from 49.9 percent to 50.8 percent. Mr. Grover notes the proposal complies with a a majority of the dimensional requirements City of Salem Zoning Board of Appeals November 20, 2024 DRAFT Meeting Minutes and eliminates some existing nonconformities. He also discusses hardship based on the lot and allowed uses in the district. Dan Whitney introduces himself and discusses the revised plans some more, noting the building was squatted out to get more square footage while addressing initial height concerns. Mr. Whitney also explains the plans take advantage of an MBA easement, and that this updated plan has more green space and less impervious surface. He also discusses the site and lot limitations. Dan Ricciarelli introduces himself and presents 3D renderings of the proposal, noting the reduced height. Mr. Ricciarelli states they would work with the Design Review Board on additional details if approved. Todd Waller introduces himself and discusses the self storage business and industry. Mr. Waller also indicates he is a Salem resident and business owner for 25 years, and that he is vested in Salem and the Jefferson Avenue neighborhood. Mr. Waller contends there are limited uses that make sense with the lot shape and setback requirements, and that a self storage business is one of the only things that works and makes financial sense. He further maintains that without the requested relief, the project is not financially feasible for lenders, who require a seven percent yield on cost and positive cash flor after debt service. Gordon McLaughlin introduces himself and presents project financials and discusses the economic feasibility. Mr. McLaughlin shows projected yields on cost and net operating income figures, along with additional supporting financial documents. Mr. Viccica asks about the petition not being advertised for the variance and rear setback request, and suggests the current request for relief may go beyond the request that was advertised initially and currently. Chair Vyedin agrees. The Board discusses extending the filing deadline for the petition until January as well. Mr. Larrick notes that a neighbor submitted a comment letter expressing concerns with the proposed use and impact of an additional storage facility in the neighborhood. Mr. Larrick states he would like to hear information about the argument that no other possible uses for the lot are feasible. He notes that the zoning for the district allows for 93 permitted uses. Mr. Grover states he doubts there are 93 actual potential uses, and suggests there may be 15 or 20. He also notes that a storage facility is an allowed use. Mr. Larrick asks about other potential uses for the space. Mr. Viccica and Chair Vyedin note that the Board can only comment or decide on the petition before them, not hypothetical proposals. Mr. Larrick clarifies that he would like to evaluate the claim that no other use is possible by the petitioner. Mr. Whitney indicates he understands the commenters concerns, but stresses that the storage business is quiet and low impact, with the next quieter use being a graveyard. Mr. Whitney contends that any other allowed use in the area would require more parking, increased traffic, and more relief. Ms. Simpson states she would also like to hear more arguments for this particular use, noting that the area is a transit oriented area. Mr. Grover indicates they can provide more information when they return before the Board. Chair Vyedin opens the floor to public comment. Craig Powers of 23 Francis Road introduces himself and states he is happy that the building design was updated with a reduced height. He expresses concerns, however, with the setbacks and the 2 City of Salem Zoning Board of Appeals November 20, 2024 DRAFT Meeting Minutes proximity of a propane filling station. Mr. Waller states they are aware of the filling station, and that it is 12 to 15 feet off of the property line. Mr. Grover asks for a continuance. Motion and Vote: Ms. Osthoff motions to continue the petition of ZXE, LLC at 45 JEFFERSON AVENUE. (Map 25, Lot 0653) (I/ECOD Zoning Districts) for a Variance from Section 4.1.1 Dimensional Requirements to construct a five-story self-storage facility, with variances for side setbacks and lot coverage to the next regularly scheduled meeting of the Zoning Board of Appeals on December 18, 2024 Ms. Simpson seconds the motion. The vote is five (5) in favor (Nina Vyedin, Stephen Larrick, Hannah Osthoff, Ellen Simpson, and Paul Viccica.) and none (0) opposed. The motion passes. REGULAR AGENDA Location: 5 Howard Street (Map 35, Lot 0187) (R3 Zoning District) Applicant: Tim Walsh Project: A public hearing for all persons interested in the petition of TIMOTHY WALSH at 5 HOWARD STREET (Map 35, Lot 0187) (R3 Zoning District) for a Special Permit per Section 3.3.5 Single- and Two-Family Nonconforming Structures of the Salem Zoning Ordinance to remove an existing covered porch and to construct a new two-story addition in its place. The existing structure and lot are non-conforming in the side setback as it has 1'+/- where 20' is required and the front setback as it has 1'+/- where 15' is required. The proposed addition will be less non-conforming on the side setback as it will be 3' at its closest point to the side lot line where the existing structure is 1' from its closest point to the side lot line. The proposed addition will remain conforming as to the rear setback and lot coverage. Documents and Exhibitions • Application date-stamped August 28, 2024 and supporting documentation Chair Vyedin introduces the petition. Tim Walsh introduces himself and discusses his petition. He explains that he received a special permit in April, but that when he got price quotes the proposal was too expensive. Based on that, he has submitted updated plans for a two story addition. He presents the new plot plan and updated proposal. The previous proposal was for a one story addition with a smaller second story, but it was cheaper to go straight up with construction costs, according to Mr. Walsh. The change in plans were significant enough to warrant coming back for a new special permit. He discusses the property angles and setbacks, and states the new proposal has a smaller footprint but larger second story. Mr. Walsh presents a comparison of the previous approved plans to the current proposal. Chair Vyedin confirms that the new proposal does not increase any nonconformities. Mr. Walsh indicates some are actually being decreased. Chair Vyedin opens the floor to public comment but there is none. 3 City of Salem Zoning Board of Appeals November 20, 2024 DRAFT Meeting Minutes Motion and Vote: Ms. Osthoff motions to approve the petition of TIMOTHY WALSH at 5 HOWARD STREET (Map 35, Lot 0187) (R3 Zoning District) for a Special Permit per Section 3.3.5 Single- and Two- Family Nonconforming Structures of the Salem Zoning Ordinance to remove an existing covered porch and to construct a new two-story addition in its place. The existing structure and lot are non-conforming in the side setback as it has 1'+/- where 20' is required and the front setback as it has 1'+/- where 15' is required. The proposed addition will be less non-conforming on the side setback as it will be 3' at its closest point to the side lot line where the existing structure is 1' from its closest point to the side lot line. The proposed addition will remain conforming as to the rear setback and lot coverage.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. 7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 8. 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. 9. 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. 10. 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 (Nina Vyedin, Paul Viccica, Hannah Osthoff, Stephen Larrick, and Ellen Simpson) and none (0) opposed. The motion passes. Location: 204 North Street (Map 17, Lot 0209) (R2 Zoning District) Applicant: William Francis 4 City of Salem Zoning Board of Appeals November 20, 2024 DRAFT Meeting Minutes Project: A public hearing for all persons interested in the petition of WILLIAM FRANCIS at 204 NORTH STREET (Map 17, Lot 0209) (R2 Zoning District) for a Special Permit per Section 3.3.3 Nonconforming Structures of the Salem Zoning Ordinance to demolish an existing sunroom and to build a 10’ X 21’ addition and deck in the place of the sunroom. The property at 204 North Street is a corner lot and requires use of the front yard setback requirement. The structure is nonconforming with a .9’ side yard (front) setback where 15’ is required and 12’ is proposed for the rear yard setback where 30’ is required. Documents and Exhibitions • Application date-stamped September 23, 2024 and supporting documentation Chair Vyedin introduces the petition. Greg Dumas introduces himself on behalf of the petitioner and discusses the property, which is on an existing corner lot and nonconforming. Mr. Dumas describes the property as a single story structure with an existing sun room and deck on top, which is dilapidated. The proposal is to replace with a new sun room and new deck. Mr. Dumas explains that the proposal does not increase any nonconformities. He also notes that there are letters or support from neighbors. Mr. Dumas presents a plot plan and discusses further. Ms. Osthoff confirms the proposal is within the existing footprint. Chair Vyedin opens the floor to public comment but there is none. Motion and Vote: Mr. Viccica motions to approve the petition of WILLIAM FRANCIS at 204 NORTH STREET (Map 17, Lot 0209) (R2 Zoning District) for a Special Permit per Section 3.3.3 Nonconforming Structures of the Salem Zoning Ordinance to demolish an existing sunroom and to build a 10’ X 21’ addition and deck in the place of the sunroom. The property at 204 North Street is a corner lot and requires use of the front yard setback requirement. The structure is nonconforming with a .9’ side yard (front) setback where 15’ is required and 12’ is proposed for the rear yard setback where 30’ is 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. 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. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 8. 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 5 City of Salem Zoning Board of Appeals November 20, 2024 DRAFT Meeting Minutes destruction, it shall not be reconstructed except in conformity with the provisions of the Ordinance. 9. 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. 10. Petitioner shall schedule Assessing Department inspections of the property, at least annually, to project completion and a final inspection upon project completion. Mr. Larrick 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. Location: 11 1/2 Hardy Street (Map 41, Lot 0030) (R2/B1 Zoning Districts) Applicant: Lori Pattison Project: A public hearing for all persons interested in the petition of LORI PATTISON at 11 ½ HARDY STREET. (Map 41, Lot 0030) (R2/B1 Zoning Districts) for Special Permit per Section 3.3.3 Nonconforming Structures to construct one new dormer and a third-floor addition on the property. The proposed dormer and third-floor addition will provide additional living space for the new unit that was previously approved by the Board of Appeals on August 14, 2023. Documents and Exhibitions • Application date-stamped September 25, 2024 and supporting documentation Mr. Viccica recuses himself from the matter. Chair Vyedin introduces the petition. Architect Helen Sides introduces herself on behalf of the petitioner and property owner. Ms. Sides indicates there are no changes to the setbacks associated with the proposal. She explains that the petitioner received permission to convert her property to a three-family home, and has finally been able to renovate. Ms. Sides describes the property, and states that the dormer being proposed would not exceed the height of the existing ridge or increase the footprint. She presents sketches and elevations, and discusses the special permit request more. Chair Vyedin opens the floor to public comment but there is none. Motion and Vote: Ms. Simpson motions to approve the petition of LORI PATTISON at 11 ½ HARDY STREET. (Map 41, Lot 0030) (R2/B1 Zoning Districts) for Special Permit per Section 3.3.3 Nonconforming Structures to construct one new dormer and a third-floor addition on the property to provide additional living space for the new unit that was previously approved by the Board of Appeals on August 14, 2023, subject to the following standard conditions: 1. Petitioner shall comply with all city and state statutes, ordinances, codes, and regulations. 6 City of Salem Zoning Board of Appeals November 20, 2024 DRAFT Meeting Minutes 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. 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 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. 11. Petitioner shall schedule Assessing Department inspections of the property, at least annually, to project completion and a final inspection upon project completion. Mr. Larrick seconds the motion. The vote is four (4) in favor (Nina Vyedin, Hannah Osthoff, Ellen Simpson, and Stephen Larrick) and none (0) opposed. The motion passes. MEETING MINUTES September 18, 2024 Ms. Osthoff notes corrections in the vote for the Proctor Street petition, and Mr. Viccica notes typographical errors/corrections on page 4 and 5. Motion and Vote: Ms. Osthoff motions to approve the minutes from the September 18, 2024 meeting of the Zoning Board of Appeals, as amended. Mr. Viccica seconds the motion. The vote is five (5) in favor and none (0) opposed. The motion passes. OLD/NEW BUSINESS Variance Extension Request for 31 Calumet Street Chair Vyedin introduces the petition. 7 City of Salem Zoning Board of Appeals November 20, 2024 DRAFT Meeting Minutes Attorney Scott Grover introduces himself on behalf of the petitioner. He discusses the variances approved by the Board allowing the petitioner to create two additional building lots. Mr. Grover discusses complications with the proposal, namely Calumet Street needing to be extended in order to provide access to the lots. Mr. Grover also indicates that although the land is in Salem, the sewer and water are serviced by the town of Peabody, so special arrangements need to be made. He requests a six month extension to May 6, 2025. Chair Vyedin notes the relief was granted in 2023, a year has passed, and now the petitioner seeks an additional 6 months. Motion and Vote: Mr. Vicca motions to approve the Variance extension request for 31 Calumet Street for 6 months to May 6, 2025. Ms. Osthoff seconds the motion. The vote is five (5) in favor and none (0) opposed. The motion passes. Variance Extension Request for 75 North Street, 2 Commercial Street, and 3 South Mason Street Chair Vyedin introduces the petition. Attorney Scott Grover introduces himself on behalf of the petitioner. He discusses the request for a six month extension, noting that the Board approved a series of variances on December 11, 2023. The project has been subject to extensive peer reviews and Planning Board decisions, as well as extensive state permitting, which has caused delays. Mr. Grover states the request is for a six month extension to June 11, 2025. Motion and Vote: Ms. Osthoff motions to approve the Variance extension request for 75 North Street, 2 Commercial Street, and 3 South Mason Street for 6 months to June 11, 2025. Mr. Viccica seconds the motion. The vote is five (5) in favor and none (0) opposed. The motion passes. Discuss and Vote on ZBA 2025 Meeting Schedule Chair Vyedin discusses the proposed meeting schedule. Mr. Viccica notes vacation weeks are usually adjusted. Ms. Lee discusses April break and February break, and the Board agrees to have the February meeting on the 12th. Motion and Vote: Ms. Osthoff motions to approve the proposed 2025 Meeting Schedule, as amended. Ms. Simpson seconds the motion. The vote is five (5) in favor and none (0) opposed. The motion passes. Next Meeting December 20, 2024 ADJOURNMENT 8 City of Salem Zoning Board of Appeals November 20, 2024 DRAFT Meeting Minutes 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 8:13 PM on November 20, 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, Robyn Lee, Acting Staff Planner 9