Zoning Board of Appeals

City of Salem Zoning Board of Appeals Meeting Minutes December 18, 2024 A meeting of the Salem Zoning Board of Appeals (“Salem ZBA”) was held on Wednesday, December 18, 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, and Voula Orfanos — Acting Zoning Officer. 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 four-story self-storage facility. The proposed self-storage facility will require variances for two side setbacks where 28.2 and 5.0 feet are proposed and 30 feet is required, a Variance for lot coverage where 50.8% is proposed and 45% is permitted, and a variance for rear setback where 17.7 is proposed and 30 feet is required. This filing amends the original filing made on July 31, 2024, with revised side setback, rear setback, and lot coverage variance requests and a removed height variance request, Documents and Exhibitions  Application date-stamped July 31, 2024 and supporting documentation Chair Vyedin introduces the petition. She notes that the petitions was previously mis-advertised after changes were made, and that now the filing has been properly advertised. Attorney Scott Grover introduces himself on behalf of the petitioner and property owner. Mr. Grover provides a quick summary and walk through of the petition, noting no changes from the last meeting (three previous meetings total, with updates after the first). Mr. Grover also notes that some concerns were raised about the property being used for storage. He notes limited potential development of the site based on the industrial zoning, and that a storage facility is a by-right use for the location. No relief is being sought based on use, just minor dimensional relief. Mr. Grover discusses other industrial zone allowed uses and maintains that most are prohibited by the space, and that this particular proposed use provides least amount of traffic and disruption compared City of Salem Zoning Board of Appeals December 18, 2024 Meeting Minutes others that might be feasible. He discusses the industrial zoning requirements generally, and presents the site plan. Mr. Grover also notes that the existing buildings already do not conform to the setback requirements, and that the relief could be granted without derogating from the intent of the ordinance. Todd Waller introduces himself and provides additional arguments as to why storage would be the best use for the space. He presents a table of potential uses and the required variances that would be needed, along with average cost to build, emissions, resource consumption, waste generation and traffic information. The self storage option has the fewest barriers and least amount of impact, according to Mr. Waller and the table presented. Mr. Viccica asks about the hours of operation, and the petitioner states access hours would be 6AM to 10PM, with office hours of 9AM to 5:30PM Monday through Saturday, and 9:30AM to 5PM on Sundays. Mr. Viccica asks if the premises will be gated closed after 10PM, and the petitioner confirms it will. Ms. Simpson states she appreciates the explanation. Mr. Larrick also thanks the petitioners. Mr. Viccica confirms that the petitioner will need to go before the Design Review and Planning Boards, and Mr. Grover states they will because it is in the ECOD district and requires site plan review. Chair Vyedin opens the floor to public comment but there is none. Chair Vyedin notes there was one letter comment provided. Motion and Vote: Mr. Viccica motions to approve 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 four-story self-storage facility, with variances for two side setbacks, 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. 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. 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. 2 City of Salem Zoning Board of Appeals December 18, 2024 Meeting Minutes Ms. Simpson seconds the motion. The vote is five (4) in favor (Nina Vyedin, Hannah Osthoff, Ellen Simpson, and Paul Viccica.) and one (1) opposed (Stephen Larrick). The motion passes. REGULAR AGENDA Location: 42 Harbor Street (Map 34, Lot 0328) (R3 Zoning District) Applicant: Hannah Brosnan Project: A public hearing for all persons interested in the petition of HANNAH BROSNAN at 42 HARBOR STREET (Map 34, Lot 0328) (R3 Zoning District) for a Variance from Section 5.1.5.6.C Parking Design of the Salem Zoning Ordinance to extend a curb cut from 20 feet to 35 feet. In the R3, the maximum curb cut allowed is 20 feet. Documents and Exhibitions  Application date-stamped September 2, 2024 and supporting documentation Chair Vyedin introduces the petition. Hannah Brosnan introduces herself and presents a site plan. Ms. Brosnan explains that she purchased the four-unit building earlier this year in the Point neighborhood, with two three- bedroom apartments and two one-bedroom apartments, and four parking spots. Ms. Brosnan explains that two of the spots, however, are not easily accessible because of the curb cut. The petition seeks an additional 15 feet of curb cut to the existing 20 feet in order to access all parking spots. Ms. Brosnan explains the parking space locations, noting two of the spaces are tandem. Ms. Vyedin asks if when purchased, the property had been identified as having four spots, as generally tandem spots cannot be considered two spaces when requests come before the Board. She explains that in this instance, the curb cut would technically be considered to help access one spot, not two. Ms. Orfanos notes that this is request for a curb cut not for a parking variance. Mr. Viccica states the applicant is not seeking to change the number of units or anything else, but asking for an extension of the existing curb cut. He suggests it should not matter whether it is for one or two parking spaces. There is a discussion about the graveling of the driveway. Mr. Larrick asks about the 15 foot request, and suggests that adding more curb cut could impact walkability. He acknowledges, however, that this is existing parking and that having access to it makes sense. Mr. Larrick asks about how 15 feet were determined and suggests minimizing it in the interest of walkability. Mr. Viccica adds that these are not legal parking spaces, as there is no existing curb cut. He suggests the best avenue would be for the applicant to withdraw without prejudice, have the plot plan for a legal gravel driveway updated with proper dimensions, including being two feet away from the existing property line, so that a drawing can be made for what is necessary to enter this parking space. Mr. Viccica states this could not be considered two spaces or a tandem space, and that the petitioner should request what would be required for a curb cut for one legal parking space. He also 3 City of Salem Zoning Board of Appeals December 18, 2024 Meeting Minutes suggests a break in the curb cuts so that there is some indication for walkers that there is an active driveway there. Chair Vyedin states she would be comfortable with applicant continuing instead, as the relief being sought is more than would be granted or needed, and because there is an advertising fee. Mr. Viccica states he suggested a withdraw al without prejudice because he assumes the City may take a long time to review and for engineering to determine what is required. Mr. Viccica states perhaps the applicant could continue to the February meeting to provide more time. Mr. Larrick asks if any existing on-street parking would be impacted by the extended cut. Ms. Brosnan notes the curb is yellow and that she is not aware if that is a legal parking spot or not, but that people occasionally use it. Ms. Osthoff states she believes that a yellow curb means that parking is not permitted. Mr. Larrick notes that sometimes curbs are painted by property owners an not necessarily official, so that it might be beneficial to check with the City and engineering. Chair Vyedin asks the petitioner if they would prefer to continue or withdraw without prejudice, explaining both options. Ms. Brosnan asks for a continuance to Chair Vyedin opens the floor to public comment. Cyndy Jerzylo introduces herself as the Ward 1 City Councilor and states she is in favor of the curb cut. Councilor Jerzylo indicates she met Ms. Brosnan’s husband and walked the property with them. She confirms that a gravel driveway previously existed, and states there is 20 feet of curb from the existing curb cut to the neighboring property line. The Board discusses what they would like to see from the applicant, including measurements and dimensions for everything on the plot plan, including photographs. Mr. Viccica asks if it is tandem parking or two cars would fit side by side, and suggests working with the City engineering department. Ms. Simpson also states she would like to know where the legal street parking spaces are to the left and right of the property. The Board also notes the need to extend the deadline for the variance request. Motion and Vote: Ms. Simpson motions to continue the petition of HANNAH BROSNAN at 42 HARBOR STREET (Map 34, Lot 0328) (R3 Zoning District) for a Variance from Section 5.1.5.6.C Parking Design of the Salem Zoning Ordinance to extend a curb cut from 20 feet to 35 feet to the February meeting of the Zoning Board of Appeals on February 12, 2025 : Ms. Osthoff 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. Ms. Lee notes that a motion and vote is required regarding the extension for the variance request, along with a signed letter. Ms. Vyedin asks if there is a motion. Motion and Vote: Mr. Larrick motions to extend the deadline for the Board to vote on the petition of HANNAH BROSNAN at 42 HARBOR STREET (Map 34, Lot 0328) (R3 Zoning District) until March 12, 2025. 4 City of Salem Zoning Board of Appeals December 18, 2024 Meeting Minutes Ms. Osthoff 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: 253 Essex Street (Map 35, Lot 0008) (B5 Zoning District) Applicant: Kirstie Phillips Project: A public hearing for all persons interested in the petition of KIRSTIE PHILLIPS at 253 ESSEX STREET (Map 35, Lot 0008) (B5 Zoning District) for an Appeal the Decision of the Building Inspector and a Variance from Section 4-51.4 of the City Ordinance, On-premises Signs In Nonresidential Districts, only one sign attached at right angles per entrance is allowed, two right angle signs are proposed. Documents and Exhibitions  Application date-stamped November 25, 2024 and supporting documentation Chair Vyedin introduces the petition. Kirstie Phillips introduces herself and explains she is one of the co-owners of Black Craft Salem, LLC, Haunt Black Craft, and Black Craft Coffee. Ms. Phillips provides background information, noting working with Ken at Concept Signs since coming to Salem. He made the original sign for the 253 Essex Street Building, which was the store signage back in 2022, and Ms. Phillips states he took care of the permitting process, DRB approval, and other city requirements. In 2024, Ms. Phillips indicates they reached out again and there was a miscommunication resulting in the new sign being made and installed, but weeks later the City informed the petitioner that the signage had not been approved. Ms. Phillips states they reached out to Ken and that he apologized for the miscommunication. She states this is clarification for times when she describes the sign as being hung, but that once they were aware the sign was taken down. Ms. Phillips also indicates they received DRB approval and realized, and only afterwards discovered the sign was in violation of Section 5-51.4 of the City Ordinance. She explains this is the basis for the appeal. Ms. Phillips describes the property as the old Santander bank property, a historic building, and asks that the Board consider granting relief as they are having difficulties with marketing their business. Ms. Phillips shares her screen to show the outside building facade, noting the original storefront signage and the sign when it was hung. She describes the building’s historic designation and related limitations with respect to marketing the businesses. The windows are the only exterior front facing windows on Essex Street and are not at eye level, according to Ms. Phillips. She contends the duplicate sign is impactful for the business, as blade signs are the only option for them considering the historic nature of the facade. Ms. Phillips also notes the initial sign was approved and that at the time they did not know they would be opening up the additional coffee shop in the rear, and that the existing signage will not allow for a second sign because of height and size restrictions. Ms. Phillips also presents photos of other buildings with multiple blade signs for the same address, including 1 Derby Square. She contends the frontage on Essex Street there is over 108 feet between 253 and 259 Essex Street, and in total there would be three signs. 5 City of Salem Zoning Board of Appeals December 18, 2024 Meeting Minutes Chair Vyedin confirms that 253 is the location of the original sign, and the coffee signage is also attached to 259. Chair Vyedin asks if there is another sign at 259 Essex Street, and Ms. Phillips states there is a sign for Haunt that points to Barton Square which is across from the Chamber of Commerce. She states the sign there is for customer way-finding because the entrance is in the back of the building. Ms. Vyedin also confirms that the entrance to the coffee shop advertised by the new sign is at 253 Essex Street. Ms. Phillips also maintains that while the new signage was up, she noted additional foot traffic and did not find an issue with customer way-finding. Ms. Phillips also notes that the entrance at 259 Essex Street is not open to the public, and so all traffic must enter through 253 or behind the building. Pursuant to questioning by Mr. Viccica, Ms. Phillips presents a mockup of a sign that would be smaller to be included under the existing original sign. Mr. Viccica asks if Board approval would result in two signs, one at 253 and the other at 259. Ms. Phillips confirms, and states that it would be allowing 259 to have two signs, but she notes again that there is no entrance to 259 on Essex street aside from the entrance at 253. Mr. Viccica asks if the applicant has seen the letter submitted by Tom Daniels, and she states she has. Ms. Simpson confirms that the second sign went through DRB review but what was not approved was the hanging of the sign, and Ms. Phillips states that is correct. Mr. Viccica states that sometimes the DRB reviews things but does not necessarily consider signage ordinances. In this case, he states there is an issue as there is essentially two businesses in a building that was historically one use. Mr. Larrick asks about the criteria for a variance from signage ordinance and Ms. Lee presents clarifying language. Ms. Osthoff suggests in this case the signage is not substantially detrimental to the streetscape or derogates from the intent of the purpose of the article, particularly since the second sign on 259 is a way-finding sign. She also states she likes the design of the sign. Chair Vyedin agrees. Chair Vyedin suggests a special condition for the way- finding sign for the coffee shop as well. She also suggests voting to uphold the decision and to grant the variance sought, which will override and provide clarity to what is allowed. She asks the applicant to read the statement of hardship, and the petitioner complies. Chair Vyedin opens the floor to public comment but there is none. Motion and Vote: Mr. Viccica motions to overturn the decision of the Building Inspector for a permit for a blade sign at 259 Essex Street for a business located at 253 Essex Street. Ms. Osthoff seconds the motion. The vote is none (0) in favor, one (1) abstained (Stephen Larrick) and four (4) opposed (Nina Vyedin, Hannah Osthoff, Paul Viccica, and Ellen Simpson). The motion does not pass. Motion and Vote: Ms. Osthoff motions to approve the petition of KIRSTIE PHILLIPS at 253 ESSEX STREET (Map 35, Lot 0008) (B5 Zoning District) for a Variance from Section 4-51.4 of the City Ordinance, On-premises Signs In Nonresidential Districts, 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. 6 City of Salem Zoning Board of Appeals December 18, 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 Inspection 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. And the following special condition: 1. That an additional way-finding sign be included to direct customers under the signage at 253 Essex. Mr. Larrick seconds the motion. The vote is five (5) in favor (Nina Vyedin, Hannah Osthoff, Paul Viccica, Ellen Simpson, and Stephen Larrick) and none (0) opposed. The motion passes. Location: 13 Scenic Avenue (Map 41, Lot 0030) (R1 Zoning District) Applicant: John Crowell Project: A public hearing for all persons interested in the petition of CARLOS ALVARADO at 13 SCENIC AVENUE (Map 9, Lot 76) (R1 Zoning District) for a Special Permit per Section 3.3.3 Nonconforming Structures of the Salem Zoning Ordinance to demolish an existing living room addition and to build an 18’ x 18’ (with one corner cut off) one- story living room addition. The property at 13 Scenic Ave is a corner lot with three front yards and one rear yard. The structure is existing nonconforming on the front yard along Scenic Ave at 10’ where 15’ is required. The new proposed structure will decrease one existing nonconforming front setback along Scenic Place from 0’ to 3’ where 15’ is required. Documents and Exhibitions  Application date-stamped October 7, 2024 and supporting documentation 7 City of Salem Zoning Board of Appeals December 18, 2024 Meeting Minutes Chair Vyedin introduces the petition and notes that this should actually be under Section 3.3.5, but that re-advertising is not required. Architect John Crowell introduces himself on behalf of the property owner and presents a plot plan. Mr. Crowell explains the petition to enlarge a living area at the right end of the home, and that in the planning phase it was determined the foundation was not sound and would need to be rebuilt. During surveying, Mr. Crowell indicates it was also determined that a corner of the building is potentially over the property line and there is an existing deck clearly over the property line. All of it is not consistent with setback requirements. The proposal is to tear off the end section of the building and replace it with a new living room that is larger but shaped in such a way that it is pulled back from the property line by three feet. Setback relief is still required, but this eliminates and addresses the issue of crossing the property line. Plans showing the proposed conditions are presented, and Mr. Crowell describes the proposal in more detail. Mr. Crowell also presents the floor plans and elevations. Chair Vyedin opens the floor to public comment but there is none. Motion and Vote: Mr. Viccica motions to approve the petition of CARLOS ALVARADO at 13 SCENIC AVENUE (Map 9, Lot 76) (R1 Zoning District) for a Special Permit per Section 3.3.5 Nonconforming Structures of the Salem Zoning Ordinance to demolish an existing living room addition and to build an 18’ x 18’ (with one corner cut off) one-story living room addition, 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. Ms. Osthoff seconds the motion. The vote is five (5) in favor (Nina Vyedin, Hannah Osthoff, Ellen Simpson, Paul Viccica, and Stephen Larrick) and none (0) opposed. The motion passes. 8 City of Salem Zoning Board of Appeals December 18, 2024 Meeting Minutes MEETING MINUTES November 12, 2024 No edits. November 20, 2024 Chair Vyedin notes an error on the petition for 5 Howard Street, page 4, where it should say “the motion passes”. Ms. Osthoff also notes that “commend” should be “comment” on page 2. Motion and Vote: Mr. Viccica motions to approve the minutes from the November 12 and November 20, 2024 meeting of the Zoning Board of Appeals, as amended. Ms. Simpson seconds the motion. The vote is five (5) in favor and none (0) opposed. The motion passes. OLD/NEW BUSINESS Discuss and Vote on Zoning Board of Appeals Vice Chair Chair Vyedin states Ms. Simpson and Mr. Larrick will be made official full members, and until that happens they cannot run for chair or vice chair. She also notes Ms. Osthoff was interested, and asks if that is still he case. Ms. Osthoff states she is open to being vice chair. Motion and Vote: Mr. Vicca motions to nominate and approve Ms. Osthoff as Vice Chair of the Zoning Board of Appeals of Salem Massachusetts. Ms. Simpson seconds the motion. The vote is five (5) in favor and none (0) opposed. The motion passes. Next Meeting January 15, 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 8:44 PM on December 18, 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 9 City of Salem Zoning Board of Appeals December 18, 2024 Meeting Minutes Respectfully submitted, Brennan Postich, Acting Staff Planner 10