Zoning Board of Appeals

City of Salem Zoning Board of Appeals Meeting Minutes January 15, 2025 A meeting of the Salem Zoning Board of Appeals (“Salem ZBA”) was held on Wednesday, January 15, 2025 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. Acting Chair Hannah Osthoff calls the meeting to order at 6:31 pm. Acting Chair Osthoff 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. Osthoff also explains the rules regarding public comment. ROLL CALL Those present were: Paul Viccica, Hannah Osthoff, Ellen Simpson, and Stephen Larrick. Also in attendance were Robyn Lee – Acting Staff Planner, and Jonathan Pinto — Recording Clerk. Those absent were: Nina Vyedin REGULAR AGENDA Location: 8 Lathrop Street (Map 36, Lot 336) (R2 Zoning District) Applicant: Christopher Gizzi Project: A public hearing for all persons interested in the petition of CHRISTOPHER GIZZI at 8 LATHROP STREET (Map 36, Lot 336) (R2 Zoning District) for a Special Permit per Section 3.3.3 Nonconforming Structures of the Salem Zoning Ordinance to demolish an existing porch and to build a new porch and spiral staircase in its place. The new addition would decrease the nonconformity on the rear yard from 10’ to 15’ where 30’ is required in the R2. Documents and Exhibitions  Application date-stamped December 12, 2024, and supporting documentation. Chair Osthoff introduces the petition. Christopher Gizzi introduces himself and describes his four-unit property, where the back second egress needs to be rebuilt/repaired, and states he is seeking permission to construct a spiral staircase. Mr. Gizzi indicates the current setup is inefficient, and that the driveway can only accommodate one car vertically. If relief is granted, Mr. Gizzi states he plans to go before engineer to install impervious parking in the back. He presents photos of the home as well as a map of the parking situation. He stresses the urgent need for repair. Mr. Gizzi presents a plot plan of existing conditions and rear elevations, as well as those of the proposal, which would reduce the setback violation in the rear. He also shares the international building code and MA board of building regulations showing that a spiral staircase is allowed under the existing circumstances, as it will exclusively serve one of the one-bedroom units. Mr. Gizzi shares additional plans and what he City of Salem Zoning Board of Appeals January 15, 2025 Meeting Minutes hopes the parking situation will look like, but acknowledges that the parking will be an additional process. Acting Chair Osthoff confirms that the petitioner is not seeking parking relief currently. She states the proposal seems straightforward. Ms. Simpson asks if it is ok to grant the current relief and not do anything about parking at this point. She also confirms that the number of units or occupants is not changing. Acting Chair Osthoff states the petitioner is not asking for parking relief, just informing the Board of plans, and that the currently sought relief can be voted on. Mr. Viccica confirms there are four units, and that the current parking conditions are unchanged. Ms. Osthoff confirms there are two means of egress for all units. She asks for the grounds for the special permit and Mr. Gizzi complies. Acting Chair Osthoff opens the floor to public comment but there is none. Motion and Vote: Ms. Simpson motions to approve the petition of CHRISTOPHER GIZZI at 8 LATHROP STREET (Map 36, Lot 336) (R2 Zoning District) for a Special Permit per Section 3.3.3 Nonconforming Structures of the Salem Zoning Ordinance to demolish an existing porch and to build a new porch and spiral staircase in its place, 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. 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, to project completion and a final inspection upon project completion. 2 City of Salem Zoning Board of Appeals January 15, 2025 Meeting Minutes Mr. Larrick seconds the motion. The vote is four (4) in favor (Paul Viccica, Hannah Osthoff, Stephen Larrick, and Ellen Simpson) and none (0) opposed). The motion passes. Location: 56 School Street (Map 27, Lot 3) (R2 Zoning District) Applicant: Adimir Toska Project: A public hearing for all persons interested in the petition of PAPA NIOKLLAQ at 56 SCHOOL STREET (Map 27, Lot 3) (R2 Zoning District) for a Special Permit of the Salem Zoning Ordinance to build an additional unit onto the existing single-family structure and build a dormer on the third floor. Documents and Exhibitions  Application date-stamped December 17, 2024, and supporting documentation. Acting Chair Osthoff introduces the petition. Adimir Toska introduces himself and presents the project scope, which is a change of use from a single to a two-family dwelling. He describes the property and site, located in the R2 zone where a two-family is allowed. Mr. Toska presents an architectural site plan, noting more than the required three parking spaces. He states there would be minimal to no impact on traffic and parking, and that a variance is needed for minimum lot area per dwelling. Mr. Toska presents existing and proposed floor plans, as well as existing and proposed elevations. Mr. Toska describes the proposed egresses and presents plans for increasing the roof to accommodate head space. Mr. Toska also presents plans for a deck which he states will not interfere with setback requirements. The driveway will be extended to accommodate six parking spaces according to Mr. Toska. Acting Chair Osthoff states that the agenda does not have the specific relief being sought listed, and that clarification is required. Mr. Toska confirms he needs variances for maximum stories and minimum lot area per dwelling. Mr. Viccica confirms this relief was not advertised, which is a much higher threshold than the advertised special permit. The Board discusses the matter and determines the petition must be continued and correctly readvertised/posted with the full requested relief. Chair Osthoff opens the floor to public comment but there is none. Motion and Vote: Mr. Larrick motions to continue the petition of PAPA NIOKLLAQ at 56 SCHOOL STREET (Map 27, Lot 3) (R2 Zoning District) for a Special Permit of the Salem Zoning Ordinance to build an additional unit onto the existing single-family structure and build a dormer on the third floor to the next regularly scheduled meeting of the Zoning Board of Appeals on February 12, 2025. Mr. Viccica seconds the motion. The vote is four (4) in favor (Hannah Osthoff, Paul Viccica, Ellen Simpson, and Stephen Larrick) and none (0) opposed. The motion passes. 3 City of Salem Zoning Board of Appeals January 15, 2025 Meeting Minutes Location: 15 Abbott Street (Map 15, Lot 116) (R1 Zoning District) Applicant: William Quinn Project: A public hearing for all persons interested in the petition of ARSEN SHERAJ at 15 ABBOTT STREET (Map 15, Lot 116) (R1 Zoning District) for a Special Permit per Section 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance to alter and change the existing nonconforming two-family use in the R1 zoning district to a nonconforming three-family use by building a third floor dormer. Parking spaces for five vehicles will be provided. The applicant also seeks a Variance from Section 4.1.1 Dimensional Requirements to increase the height of the structure to three stories, where 2.5 stories is allowed, and a Variance from Section 4.1.1 Dimensional Requirements to decrease lot area to 1,200 sf per dwelling unit, where 1,500 sf per dwelling unit is required. Documents and Exhibitions  Application date-stamped November 13, 2024, and supporting documentation. Acting Chair Osthoff introduces the petition. Attorney Bill Quinn introduces himself on behalf of the petitioner and describes the property, located off Boston Street in a densely developed area. Mr. Quinn states that the building is 110 years old, and while not protected or classified as historic, he suggests it is old and historic. Mr. Quinn explains his clients purchased the property three years ago in dilapidated condition and would like to bring it up to code throughout with normal health and safety standards. Mr. Quinn describes the request to expand the third level by adding a dormer to make the space more livable, and to modify the nonconforming two-family dwelling to a three-family dwelling. The petitioner’s mother will live in the unit on the third floor. Mr. Quinn presents a plot plan and discusses the relief for a height variance as well as one for lot area per dwelling. Mr. Quinn states there is space for five cars to park per the plans, with 9-foot by 19-foot spaces and buffer space. The shed in the plot plan will be replaced by one of the parking spaces. The petitioner also seeks to move a small one-story staircase on the side of the building around the corner to the rear. The footprint of the building is not proposed to change. Mr. Quinn presents street scapes, renderings, photos of existing conditions, and elevations. Acting Chair Osthoff states the Board must determine whether a three-family use is no more detrimental than a two-family use. She notes there was some public comment submitted from neighbors, Mr. Larrick asks if the petitioner considered an ADU if it is intended for his mother. Mr. Quinn states the owner-occupant requirement made that option less attractive. Ms. Simpson asks to see the parking plan again and asks about water runoff. She also asks if the petitioner considered applying for a variance to have less than the required parking. Mr. Quinn states that if the Board were more comfortable with four spaces, a variance would be required. He 4 City of Salem Zoning Board of Appeals January 15, 2025 Meeting Minutes stated he used his judgment to try to accommodate the required parking, and the surveyor confirmed it was feasible. Mr. Viccica questions the accessibility of some of the parking spaces and whether some are technically tandem spaces. Mr. Quinn maintains that the spaces are viable and maneuverable, particularly once the existing staircase is moved. Mr. Larrick asks about the current parking situation, and Mr. Quinn confirms it is a paved driveway with two cars parking tandem. Mr. Viccica insists three of the spaces are tandem, and suggests that if parking is difficult the cars will likely end up on the street. He states it would be a stretch to imagine the proposal is not more detrimental, but that he is open to hearing more. Mr. Quinn contends the definition of tandem parking is that a car cannot get out without someone moving and that in this instance the surveyors have confirmed that the cars can all individually get in and out. He also maintains that Salem is in need of additional housing. Mr. Viccica asks for a statement of hardship. Mr. Quinn indicates this is an underutilized dilapidated old building that has value and should be preserved. He stated the hardship is the financial difficulty and need for more income to return the building to safe conditions. Mr. Quinn contends this is an attempt to preserve an existing usable structure while providing additional housing. The Board discusses the matter of parking in more detail. Arsen Sheraj introduces himself as the property owner and confirms the house needs substantial work. He also states this is a family home, not a development. Mr. Sheraj also confirmed that the surveyor was confident that all the cars could enter and exit easily. Acting Chair Osthoff opens the floor to public comment. Robyn Lee states the Board received two letters of public comment, available online. Brent Vander Werf of 5 Logan Street introduces himself as abutting the rear yard, stating he has concerns about increases in nonconformance in the neighborhood. Mr. Vander Werf also expresses concerns about parking, density, and the height increase with the new dormer. He contends that the parking situation will make it difficult for cars to enter and exit and that there is not a lot of extra parking in the street as it is. Suzanne (no last name given) of 17 Abbott Street introduces herself and expresses concerns related to parking and traffic. She states there is only one other multi-family that is owner-occupied on the street, and that all the nearby multi-family properties have lots of cars. She is not in favor of the proposal. David Quornoi of 12 Abbot Street introduces himself and also expresses concerns related to parking, noting that in the evenings there are no spaces available on the street. Mr. Quirnoi states he does not object to what Mr. Sheraj is attempting to do, but thinks the City is not doing a good job 5 City of Salem Zoning Board of Appeals January 15, 2025 Meeting Minutes with motor vehicle and traffic enforcement, and contends the street is often full of commercial vehicles, taxi cabs, and school busses. Mr. Quinn states he understands the concerns and suggests reaching out to City Councilors regarding the issues of street parking. The Board continues to discuss, and Mr. Larrick states that the need for housing outweighs his discomfort with the parking situation. Ms. Simpson agrees and suggests a special condition requiring a permeable surface for the parking. Motion and Vote: Mr. Larrick motions to approve the petition of ARSEN SHERAJ at 15 ABBOTT STREET (Map 15, Lot 116) (R1 Zoning District) for a Special Permit per Section 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance to alter and change the existing nonconforming two-family use in the R1 zoning district to a nonconforming three-family use by building a third floor dormer, a Variance from Section 4.1.1 Dimensional Requirements to increase the height of the structure to three stories, where 2.5 stories is allowed, and a Variance from Section 4.1.1 Dimensional Requirements to decrease lot area to 1,200 sf per dwelling unit, where 1,500 sf per dwelling unit 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. 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 number from the City of Salem Assessor’s Office and shall display said number so as to be visible from the street. 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 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. 12. 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. The parking shall use a permeable surface. 6 City of Salem Zoning Board of Appeals January 15, 2025 Meeting Minutes Ms. Simpson seconds the motion. The vote is four (4) in favor (Hannah Osthoff, Ellen Simpson, Paul Viccica, and Stephen Larrick) and none (0) opposed. The motion passes. Location: 109 North Street (Map 26, Lot 347) (B1 Zoning District) Applicant: Scott Grover Project: A public hearing for all persons interested in the petition of 109 NORTH LLC at 109 NORTH STREET (Map 26, Lot 347) (B1 Zoning District) for a Variance per Section 4.1.1. Dimensional Requirements of the Salem Zoning Ordinance to build an addition at the rear of the building that will have a setback on the right side of five feet, where 10 feet is required, and will result in a lot area of 1,610 sf per dwelling unit, where 3,500 sf per dwelling unit is required. Documents and Exhibitions  Application date-stamped November 21, 2024, and supporting documentation. Acting Chair Osthoff introduces the petition. Attorney Scott Grover introduces himself on behalf of the petitioner and also introduces Michael Becker and Sanir Lutfija. Mr. Grover describes the property as an old federal-style building circa 1830, with two dwelling units. For many years the property was used by one family, but he notes that multifamily use is allowed by right. Mr. Grover explains that most of the long narrow lot is vacant and that the large area behind the property is also vacant. The proposal is to restore the existing house and to construct a historically appropriate addition connected to the building consisting of three new townhouse units, for a total of five units. Mr. Grover indicates the proposal includes 10 parking spaces, 8 of which are located in a garage at grade beneath the units. He discusses the dimensional relief sought concerning setbacks, and notes that the larger relief is that for lot area per dwelling (1,610 square feet where 3,500 square feet is required). Mr. Grover indicates this relief can be granted where special conditions exist for land or buildings where strict enforcement would cause hardship. Mr. Grover maintains the structure itself is old and should be restored, but that the required investment is not feasible based on the current density of two units. He also suggests a similar density has been approved recently in the neighborhood, and that it can be granted without detriment. Architect Sanir Lutfija introduces himself and presents plot plans and photos. He notes the property abuts a mixed-use building and an auto garage. Mr. Lutfija describes the proposal to restore the existing building, change it from a two-family to a single-family, and add four units to the back. He presents renderings to show what would be visible from the public way, noting an attempt to keep the scale down and include historical elements. Mr. Lutfija presents elevations and discusses building materials. Michael Becker introduces himself as a partner property owner and owner of the closest adjacent parcel, which is the Cait Salon building (Cait is his wife). He indicates he wants to build a building 7 City of Salem Zoning Board of Appeals January 15, 2025 Meeting Minutes that dovetails with the existing one and fits the character where visible. Mr. Becker states the goal is modest family-sized units. He also notes the existing property has zero parking and no driveway. He explains that a curb cut will have additional engineering requirements, and also discusses the site topography, additional parking, and stormwater management. Mr. Becker explains it is important to preserve the original building, and contends he has letters of support from neighbors. Acting Chair Osthoff asks about egresses, and Mr. Bcker explains that the building will have a full sprinkler system, so only one egress is needed, but that each unit will also have decks. Mr. Viccica expresses drainage concerns, particularly as there is a six-foot drop from the property to the back. He also notes the plans do not show or resolve the rear, and that the height of the roof is not indicated or calculated based on average grade. Mr. Viccica states that additional drawings are needed. There is additional discussion, including questions as to what “front line” means. Mr. Viccica and Mr. Larrick discuss the roof, topography, and front line definition more, and ultimately the Board suggests they are open to continuing to obtain further information regarding height and grade. Chair Osthoff opens the floor to public comment but there is none. Robyn Lee notes that written comments were submitted and a petition with signatures in support of the petition, all available in the public SharePoint folder. Mr. Viccica notes some comments were not in support, although many were in support of the proposal. Mr. Larrick suggests that if continuing, the petitioner may wish to include some representation of the landscaping aspect given some of the neighbors’ concerns. Motion and Vote: Mr. Viccica motions to continue the petition of 109 NORTH LLC at 109 NORTH STREET (Map 26, Lot 347) (B1 Zoning District) for a Variance per Section 4.1.1. Dimensional Requirements of the Salem Zoning Ordinance to build an addition at the rear of the building that will have a setback on the right side of five feet, where 10 feet is required, and will result in a lot area of 1,610 sf per dwelling unit, where 3,500 sf per dwelling unit is required, to the next regularly scheduled meeting of the Zoning Board of Appeals on February 12, 2025. Mr. Larrick seconds the motion. The vote is four (4) in favor (Hannah Osthoff, Ellen Simpson, Paul Viccica, and Stephen Larrick) and none (0) opposed. The motion passes. Location: 7 Cloutman Street (Map 24, Lot 213) (B1 Zoning District) Applicant: John Baguio 8 City of Salem Zoning Board of Appeals January 15, 2025 Meeting Minutes Project: A public hearing for all persons interested in the petition of PUERTA EDER JUNIOR BOMBONATO at 7 CLOUTMAN STREET (Map 24, LOT 213) (B1 Zoning District) for a Variance per Section 4.1.1 Dimensional Requirements of the Salem Zoning Ordinance to build a spiral egress staircase for the second unit that has a rear yard setback of 15’, where 30’ is required, and side yard setback of 8.9’, where 10’ is required. Documents and Exhibitions  Application date-stamped November 26, 2024, and supporting documentation. Acting Chair Osthoff introduces the petition. John Baguio introduced himself and explained that he learned that the first-floor egress was not compliant and that the second-floor unit had no second egress. Mr. Baguio would like to address these deficiencies and seek relief to install a spiral staircase as the second form of egress from the second unit in the rear of the property. The property is already nonconforming to setbacks, and the proposal will encroach slightly farther into the setback. Mr. Baguio presents plot plans and renderings of the proposal. Acting Chair Osthoff notes that it appears there is not a second egress for the first floor either, and asks if there is a proposal to address that. The petitioner explains that there is a second egress, but that there is a partition wall with a 30-inch door where 32 is required, and that the landing is the wrong size. The landing will need to be increased along with other changes. The petitioner indicates he has been working to fix the property since purchasing in 2021, and that he did not find any prior permits for the work. The Board discusses the matter further, and Mr. Larrick asks if the property is currently occupied. The petitioner states it has been vacant since these issues were discovered. He explains that the hardship is the safety requirement for occupants. Chair Osthoff opens the floor to public comment but there is none. Motion and Vote: Ms. Simpson motions to approve the petition of PUERTA EDER JUNIOR BOMBONATO at 7 CLOUTMAN STREET (Map 24, LOT 213) (B1 Zoning District) for a Variance per Section 4.1.1 Dimensional Requirements of the Salem Zoning Ordinance to build a spiral egress staircase for the second unit that has a rear yard setback of 15’, where 30’ is required, and side yard setback of 8.9’, where 10’ 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. 9 City of Salem Zoning Board of Appeals January 15, 2025 Meeting Minutes 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 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. 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 four (4) in favor (Hannah Osthoff, Ellen Simpson, Paul Viccica, and Stephen Larrick) and none (0) opposed. The motion passes. MEETING MINUTES None OLD/NEW BUSINESS None Next Meeting February 12, 2025 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 9:36 PM on January 15, 2025. 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-2025 Respectfully submitted, Brennan Postich, Staff Planner 10