Zoning Board of Appeals - September 22, 2021

Date: 
Wednesday, September 22, 2021 - 6:30pm

NOTICE OF MEETING

You are hereby notified that the Salem Zoning Board of Appeals will hold a meeting on
Wednesday, September 22, 2021, at 6:30 pm via remote participation
in accordance with Chapter 20 of the Acts of 2021.

Mike Duffy, Chair

Important Announcement: 

Every effort will be made to ensure that the public can adequately access the proceedings in real time, via technological means. In the event that we are unable to do so on matters not requiring a public hearing, we will post on the City of Salem’s website an audio or video recording, transcript, or other comprehensive record of proceedings as soon as possible after the meeting.

Individuals may participate remotely in the meeting via a remote participation platform called Zoom. Members of the public and/or parties with a right and/or requirement to attend this meeting may access the remote participation meeting through any one of the following ways: 

 

Attending the Virtual Public Meeting: 

  • Go to the website link https://us02web.zoom.us/j/82281904246?pwd=bDVSU1EvV095cnViV1puaG9zbmV1Zz09
  • Or, go to the website link https://zoom.us/join and enter meeting ID # 822 8190 0276 followed by meeting password 664727, if directed to do so on screen. 
  • Dial toll-free phone number 877-853-5257. When prompted enter meeting ID # 822 8190 0276 followed by meeting password 664727, if directed. Those calling in will not have access to the direct video feed of the meeting, but can follow along with the project materials available for download at Salem.com/ZBA 
  • Watch the meeting live on Salem Access Television Chanel 22. 
  • Project materials are available for download at this link (https://tinyurl.com/SalemZBA

 

 

 

 

 

 

 

 

Providing Public Comment During the Meeting:  

Members of the public attending this meeting virtually will be allowed to make comments during the portion of the hearing designated for each agenda item. Members of the public will be asked to use the virtual “Raise Hand” function in Zoom to indicate that they would like to provide comment. 

  • Dial *9 on your phone’s dial pad to raise your hand if you are using the toll-free phone number. 
  • Click the “Raise Hand” button if you are using the Zoom application on your computer or phone. 

For each agenda item, the moderator will identify attendees with raised hands by their screenname or the last 3 digits of their telephone number and will then unmute them. The moderator will then request that the attendee unmute their device to provide their full name, address, and comment for the record.  

 

The moderator will go down the list of attendees in the order presented by the Zoom application. The attendee list is ordered so that phone numbers are first, followed by an alphabetical list of the screen names of attendees accessing Zoom through a computer, tablet, or smartphone. Anyone that speaks about an issue unrelated to the agenda items will be immediately muted. 

 

Providing Public Comment Before the Meeting: 

Members of the public can alternatively email their comment before the start of the meeting to zoningboardcomments@salem.com.  

 

Familiarizing Yourself with Zoom: 

We encourage members of the public to install and familiarize themselves with Zoom in advance of the meeting. 

 

If you plan on providing public comment and are logging into this meeting via the Zoom application, please test your speakers and microphone ahead of time. If we have trouble hearing you when you speak, we will move on to the next person and try to return to you later in the list. If this happens, we recommend that you call the toll-free number to access the meeting and provide your comment.  

 

The Zoom meeting will open 15 minutes before the start of the meeting to allow participants to connect and practice with the audio and raise hand functions. 

 

Thank you for your patience and understanding as we navigate these challenging circumstances. 

 

 

 

 

 

 

 

 

 

 

 

 

 

MEETING AGENDA

 

  1. ROLL CALL

 

  1. EXECUTIVE SESSION

 

  1. Roll call vote to adjourn the public meeting and begin the Executive Session.
     
  2. Enter executive session for the purpose of discussing litigation relating to a property at 21 Willow Avenue, Salem, MA. This discussion will take place in an executive session because an open meeting may have a detrimental effect on the litigating position of the public body.

 

  1. Roll call vote to conclude the Executive Session.

 

  1. The Open Session will reconvene at the conclusion of the Executive Session.
     

 

  1. REGULAR AGENDA

 

 

  1. Location:       0 Story Street (Map 23, Lot 12) (RC Zoning District)
  2.  

Description: A continuation of a public hearing for all persons interested in the petition of CASTLE HILL REALTY GROUP, LLC to appeal a decision of the Building Inspector per M.G.L ch.40A sections 8 and 15 to construct two foundations for two single-family dwellings at 0 STORY STREET.

 

  1. Location:       9 Moffatt Road (Map 31, Lot 37) (R1 Zoning District)
  2.  

Description: A continuation of a public hearing for all persons interested in the petition of DAVID CORBIN for a special permit per Section 3.2.2. Home Occupations of the Salem Zoning Ordinance to allow a psychology practice to be located in an existing single-family dwelling at 9 MOFFATT ROAD.

 

  1. Location:       9 Buffum Street (Map 26, Lot 318) (R2 Zoning District)
  2.  

Description: A continuation of a public hearing for all persons interested in the petition of VALERINA CONDOR, LLC for a special permit per Section 3.3.5 Nonconforming Single- and Two-Family Residential Structures of the Salem Zoning Ordinance to expand a nonconforming two-family home by expanding the third story from a gable to mansard roof at 9 BUFFUM STREET. Additionally, the Petitioner seeks an infill addition to the side porch area.

 

 

 

 

  1. Location:      73 Lafayette Street (Map 34, Lot 411) (B5 Zoning District)
  2.  

Description: A continuation of a public hearing for all persons interested in the petition of NORTH SHORE COMMUNITY DEVELOPMENT COALITION, INC. for a special permit per Section 3.1.2 Special Permit: Zoning Board of Appeals of the Salem Zoning Ordinance to operate a Medical Clinic at 73 LAFAYETTE STREET.

 

  1. Location:      23 River Street (Map 26, Lot 644) (R2 Zoning District)
  2.  

Description: A continuation of a public hearing for all persons interested in the petition of JOHN H. CARR, JR. to appeal a decision of the Building Inspector per M.G.L ch.40A sections 8 and 15. The petitioner is appealing the Building Inspector’s decision that 23 RIVER STREET is a lawfully existing non-conforming lot containing a lawfully existing non-confirming structure.

 

  1. Location:       2 Bridge Street (Map 37, Lot 58) (B2 and ECOD Zoning Districts)
  2.  

Description: *Note: The applicant has requested to withdraw without prejudice the request for parking variances to enable operation of a restaurant in a portion of the existing structure at 2 Bridge Street. The applicant intends to proceed with the special permit request. A public hearing for all persons interested in the petition of 2 BRIDGE LLC, for a special permit per Section 6.10.4 Special Permit Required and Section 6.10.12 Requirements Specific to Marijuana Retailer Establishments of the Salem Zoning Ordinance to operate a licensed marijuana retail establishment in a portion of the existing structure, and variances from provisions of Section 5.1.8 Table of Required Parking Spaces and Section 8.2.5 Parking Areas to operate a restaurant with service of food and alcoholic beverages seating up to 100 customers in the remainder of the existing structure with fewer than the required number of off-street parking spaces and without all required parking lot landscaping at 2 BRIDGE STREET.

 

  1. Location:       31 Calumet Street (Map 10, Lot 57) (R1 Zoning District)
  2.  

Description: A public hearing for all persons interested in the petition of ROBERTA REDDY, for variances from provisions of Section 4.1.1. Dimensional Requirements of the Salem Zoning Ordinance for minimum lot area, minimum lot area per dwelling unit, and minimum lot frontage to create four lots at 31 CALUMET STREET.

 

  1. Location:       10 Lynn Street (Map 26, Lot 206) (R2 Zoning District)
  2.  

Description: A public hearing for all persons interested in the petition of TIMOTHY DOGGETT to appeal a decision of the Building Inspector per M.G.L ch.40A sections 8 and 15. The petitioner is appealing the Building Inspector’s decision to grant a Building Permit for a two-family residential dwelling at 10 LYNN STREET.

 

 

  1. Location:       66 Willson Street (Map 24, Lot 23) (R1 Zoning District)
  2.  

Description: A public hearing for all persons interested in the petition of CYNTHIA NINA-SOTO for a special permit per Section 3.3.5 Nonconforming Single- and Two-Family Residential Structures of the Salem Zoning Ordinance to expand an existing single-family home by adding a three-car garage within the required front-yard setback, and adding paved driveways that exceed the maximum twenty (20) foot width at the street lot line at 66 WILLSON STREET.

 

  1. Location:       44 Buffum Street (Map 27, Lot 82) (R2 Zoning District)
  2.  

Description: A public hearing for all persons interested in the petition of PETER SOUHLERIS, for a special permit per Section 3.3.5 Nonconforming Single- and Two-Family Residential Structures of the Salem Zoning Ordinance to convert a single-family dwelling to a two-family dwelling at 44 BUFFUM STREET.

 

  1. Location:       9 Franklin Street (Map 26, Lot 375) (R2 Zoning District)
  2.  

Description: A public hearing for all persons interested in the petition of MARIA BOVA, for a special permit per Section 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance to change from one nonconforming use (commercial – business or professional offices) to another nonconforming use (commercial – kennel) at 9 FRANKLIN STREET.

 

  1. APPROVAL OF MINUTES
     
  1. August 18, 2021

 

  1. OLD/NEW BUSINESS

 

  1. ADJOURNMENT

 

 

 

Persons requiring auxiliary aids and services for effective communication such as sign language
interpreter, an assistive listening device, or print material in digital format or a reasonable
modification in programs, services, policies, or activities, may contact the City of Salem ADA
Coordinator as soon as possible and no less than 2 business days before the meeting, program,
or event.