Zoning Board of Appeals - 106 Boston Street
May 5, 2021
Decision
City of Salem Board of Appeals
Petition of YOLENY YNOA for a special permit per Section 3.3.3 Nonconforming Structures of the Salem Zoning Ordinance to expand a nonconforming mixed-use structure by adding a shed roof dormer at 106 BOSTON STREET (Map 16, Lot 149) (B2 and ECOD Zoning Districts).
A public hearing on the above petition was opened on April 21, 2021 pursuant to M.G.L Ch. 40A, § 11 and closed on that date with the following Zoning Board of Appeals members present: Mike Duffy (Chair), Peter A. Copelas, Rosa Ordaz, Paul Viccica, Carly McClain (Alternate), and Steven Smalley (Alternate). Board member Jimmy Tsitsinos was absent.
The petitioner seeks a special permit per Section 3.3.3 Nonconforming Structures of the Salem Zoning Ordinance expand an existing nonconforming mixed-use structure by adding a shed roof dormer at 106 Boston Street.
Statements of Fact:
In the petition date-stamped March 31, 2021, the petitioner requested a special permit per Section 3.3.3 of the Zoning Ordinance to “add dormer to the 3re [sic] floor” at 106 Boston Street.
106 Boston Street is owned by the petitioner, Yoleny Ynoa.
106 Boston Street is a mixed-use structure in the Business Highway (B2) and Entrance Corridor Overlay (ECOD) zoning districts. This is a nonconforming use in the B2 district.
The property is nonconforming to dimensional requirements including minimum lot area, minimum lot area per dwelling unit, minimum lot frontage (feet), minimum depth of front yard, and minimum width of side yard.
The proposal is to modify the existing structure by adding a shed dormer on to the existing attic.
The plans submitted to the Board (dated March 31, 2021) show the proposed dormer will not extend beyond the existing building footprint or extend any higher than the existing roofline. The plans show the total proposed dormer area to be 337(+/-) square feet. The proposal would expand existing units and would not result in any additional units.
The requested relief, if granted, would allow the petitioner to expand a nonconforming mixed-use structure by adding a shed dormer at 106 Boston Street.
Due to the ongoing COVID-19 pandemic and related precautions and Governor Baker’s March 12, 2020 Order Suspending Certain Provisions of the Open Meeting Law, G.L. c. 30A, §18, and the Governor’s March 15, 2020 Order imposing strict limitations on the number of people that may gather in one place, the April 21, 2021 meeting of the Board of Appeals was held remotely, via the online platform Zoom.
At the April 21, 2021 public hearing, petitioner Yoleny Ynoa discussed the proposal to add a shed dormer to the roof of the existing structure at 106 Boston Street. Mr. Yoleny stated the exiting unit in the attic is very small with only one and a half bedrooms. He explained that this proposal would add three bedrooms, to create a “normal apartment”.
At the April 21, 2021 public hearing, Chair Duffy noted that based on the plans submitted with the application the proposed dormers do not extend above the existing roof ridge or the existing footprint.
At the April 21, 2021 public hearing, board member Rosa Ordaz asked the petitioner how this proposal benefits the community. Mr. Yoleny responded that he has had a difficult time renting the existing apartment, and this proposal would help him attracts tenants.
At the April 21, 2021 public hearing, Board member Paul Viccica asked Tom St. Pierre what the unit threshold is for fire suppression. Tom St. Pierre responded that all applicable fire and safety requirement of the Building Code will be enforced.
At the April 21, 2021 public hearing, Board member Peter Copelas asked the petitioner to confirm that this proposal is for the structures addressed 106 Boston Street and 108 Boston Street. The petitioner responded in the affirmative, that this petition is for one structure that contains both those addresses.
At the April 21, 2021 public hearing, two (2) members of the public spoke in favor of the petition. Salem City Councilor Stephen Dibble expressed that the community would benefit from a four-bedroom apartment that could house a family. Salem City Councilor Domingo Dominguez stated that the petitioner, Mr. Ynoa, has struggled to rent the subject unit. Mr. Dominguez described how approving this permit would help Mr. Ynoa find tenants and would provide more housing for the community.
At the April 21, 2021 public hearing, Rosa Ordaz asked what Mr. Ynoa expects to charge for rent in the unit that would be expanded by this proposal. Mr. Ynoa responded that he was not sure.
The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearings, and after thorough review of the petition, including the application narrative and plans, makes the following findings that the proposed project meets the provisions of the City of Salem Zoning Ordinance:
Special Permit Findings:
The Board finds that the proposed modifications will not be substantially more detrimental than the existing nonconforming structure to the neighborhood:
Social, economic, or community needs are served by this proposal. The Salem community needs more rental units that are large enough to accommodate families. This proposal would result in a larger unit with more bedrooms that could fulfill the need for more family rentals.
Traffic flow and safety, including parking and loading: No significant impact is expected. The building is existing and already contains several uses.
Adequate utilities and other public services already service the structure.
Impacts on the natural environment, including drainage: No negative impact is expected; the footprint is unchanged.
Neighborhood character: The project is in keeping with the neighborhood character. This building is in an area with many larger buildings, so this addition would not be out of character.
Potential fiscal impact, including impact on City tax base and employment: There is a potential positive fiscal impact, including enhancing the City’s tax base by enhancing the value of the property.
On the basis of the above statements of fact and findings, the Salem Board of Appeals voted five (5) in favor (Peter Copelas, Mike Duffy (Chair), Rosa Ordaz, Paul Viccica, and Steven Smalley) and none (0) opposed to grant to Yoleny Ynoa a special permit per Section 3.3.3 Nonconforming Structures of the Salem Zoning Ordinance to expand a nonconforming mixed-use structure by adding a shed roof dormer at 106 Boston Street, subject to the following terms, conditions, and safeguards:
Standard Conditions:
Petitioner shall comply with all city and state statutes, ordinances, codes and regulations.
All construction shall be done as per the plans and dimensions submitted to and approved by the building commissioner.
All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to.
Petitioner shall obtain a building permit prior to beginning any construction.
Exterior finishes of the new construction shall be in harmony with the existing structure.
A Certificate of Occupancy is to be obtained.
Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board.
All construction shall be done per the plans and dimensions, submitted to and approved by this Board. Any modifications to the plans and dimensions must be approved by the Board of Appeals unless such a change is deemed a minor field change by the Building Commissioner in consultation with the Chair of the Board of Appeals.
__________________________
Mike Duffy, Chair
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20 days of filing of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has been filed with the Essex South Registry of Deeds.