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207 Highland Avenue Highland Avenue - 207 ZBA Final Stamped Decision �coNaT,��4 CITY OF SALEM, MASSACHUSETTS o ZONING BOARD OF APPEALS $ 98 WASHINGTON STREET ♦S aLEM,MASS o4usETTS 01970 DONIINICK PANGALLO TEL:978-619-5685 MAYOR il9 April 9, 2025 Decision City of Salem Zoning Board of Appeals The petition of 207 HIGHLAND LLC at 207 HIGHLAND AVENUE (Map 13, Lot 0002) (132 Zoning District and Entry Corridor Overlay District) for a Special Permit per Section 3.1.2 Special Permit and Section 5.1.7 Shared Parking. The proposed use will modify an existing commercial use by adding an adult day care with shared off-street parking. An adult day care use is allowed by special permit in the B2 Zoning District. On March 26, 2025, the following members of the Salem Zoning Board of Appeals were present: Nina Vyedin, Hannah Osthoff, Peter Habib,Christa McGaha, Stephen Larrick, and Ellen Simpson. Statements of Fact: The petition was date-stamped January 14, 2025. The petitioner sought Zoning Board of Appeals approval for an adult day care use with shared off-street parking. 1. 207 HIGHLAND LLC owned 207 Highland Avenue. 2. 207 Highland Avenue LLC was the petitioner. 3. Attorney William Quinn was the representative for 207 Highland Avenue LLC. Thaddeus S. Siemasko presented from S&V Design Architects. 4. 207 Highland Avenue is in the B2 Zoning District and Entry Corridor Overlay District (Map 13, Lot 0002). 5. On March 26, 2025, Attorney William Quinn introduced plans to add a grocery store and adult daycare onto 207 Highland Avenue. Mr. Quinn explained the property's history, stating it was originally used as a car dealership in 1970. In 2015,the Davita Health Clinic requested to use the property as a dialysis center. Mr. Quinn shared the dialysis center's primary business hours are during the day when vans bring clients back and forth from the property. The property has sat mostly vacant, with the rear of the property recently being used as a private church and a food pantry. 6. Mr. Quinn stated that in 2022, a businessman approached him to obtain permission for to use the property as a used car dealership, acquiring a special permit from the Board. He noted that the car dealership lasted only two years and subsequently failed. 7. Mr. Quinn explained that last year,a business that runs both grocery stores and adult day cares negotiated a sale agreement for 207 Highland Avenue contingent on the result of property decisions. He stated his clients are investing a large amount of money into the City of Salem Zoning Board of Appeals April 9, 2025 Page 2 of 6 project and possess a strong development team including S&V Architects. Mr. Quinn noted his clients will be going to the Planning Board for a Site Plan Review because any new construction over two thousand (2,000) square feet in the Entry Corridor Overlay District requires a Site Plan Review. 8. Mr. Quinn stated that he requested a special permit for shared parking between the grocery store and adult day care use because a special permit would provide adequate parking for both uses simultaneously. He explained that despite having one-hundred- fifty-six (156) parking spaces where one-hundred-fifty-four (154) are required, he would like a shared parking special permit. 9. Mr. Quinn requested a second special permit for an adult daycare use on the property. He stated the DaVita health care clinic occupies 10,656 square feet, the adult day care center would occupy 8,495 square feet, and the specialty grocery store would occupy 17,202 square feet. Mr. Quinn notes for both the adult daycare center and specialty grocery store,the square footage for storage is excluded from parking calculations. 10. Mr. Quinn described parking calculations for each of the uses on the property, first explaining the Davita clinic was provided forty-three (43) parking spaces. He stated the number of parking spaces will remain the same from 2020, shown as forty-three (43) spaces on the architectural plans. Mr. Quinn explained the adult day care is categorized as a medical clinic because the center provides medications and injections on-site alongside health counseling. He stated it made little sense to require more parking spaces than required for employees and vans going to-and-from the property. Mr. Quinn last described how the specialty grocery store requires ninety-eight(98) parking spaces while the property provides one hundred (100) parking spaces. 11. Mr. Quinn explained this development will make improvements with more modern, less offensive light figures, and stated they will provide a drainage plan to the Planning Board despite the property draining well. Mr. Quinn states this part of Highland Avenue is commercial, with a nearby veterinary hospital and apartment developments. He notes the Hawthorne Crossing Project on First Street is the only nearby residential project. 12. Mr. Quinn described the project as great for Salem because it provides Salem with jobs and taxes. He stated what will be on the project is not inconsistent with the neighborhood,and that enter-and-exit-ways have worked on the property since 2015 and 2020. Mr. Quinn noted that the previous 2023 Zoning Board of Appeals special condition restricting the loading and unloading of vehicles on the property covers entryway and exit way concerns. 13. Chair Vyedin stated the property has enough parking, and the Board should first consider whether the adult daycare should be considered as a medical clinic use or as a daycare use for parking requirements. She noted that whether the Board treats the use more like a daycare would be up to the Board's discretion. She stated the reasoning for describing this use as a medical clinic is logical. 14. Mr.Quinn explained that because the daycare closes at 4:00 p.m.,the grocery store closes at 9:00 p.m., and the dialysis center is closed on weekends, he believes it will be natural for the adult daycare parking to be used as overflow for a busy day at the grocery store. City of Salem Zoning Board of Appeals April 9, 2025 Page 3 of 6 He reiterated that he would prefer the shared parking special permit to be granted should the adult daycare special permit be approved. 15. Chair Vyedin stated there are many parking spaces, yet the Board may not know how much parking will be required because they are unaware of how many need to be shared. 16. Mr. Habib stated the six (6) parking spaces on the northeastern corner of the property should be used as a drop-off space. He noted that dedicating spaces to the clinic and grocery store would provide more traffic concerns. Peter asked how the adult daycare can drop off customers with vans in a way that does not decrease traffic flow. 17. Mr. Quinn stated that Mr. Siemasko, who created and located the facility entryways, can better describe if the uses will impede traffic flow. He noted he believes the vans will park in front of the entryway, and that there will be dedicated van parking. 18. Mr. Larrick stated he believes a special permit is being requested where none is needed. He asked what the Board would be granting if they permitted shared parking on the property. 19. Mr. Quinn explained the effect of the special permit for shared parking would be to grant permission to share parking as long as the business owners consent to it. Architect Thaddeus Siemasko stated that their team is trying to provide space fluidity and does not want to bound busy holiday grocery shopping because parking is assigned to a particular business. 20. Ms. Osthoff stated she questions the one-way in, one-way out parking. She asked if the petitioners have considered a method of exit without going onto Highland Avenue so customers would not need to leave the property if they cannot find parking. 21. Mr. Siemasko stated customers cannot navigate through the property because of its slope. Mr. Quinn explained what Ms. Osthoff requested was not physically possible. 22. Mr. Habib asked if it were possible to dedicate six spaces along the proposed adult daycare to customer drop-off and pickup. He stated this area would provide enough width to safely maneuver in and out of the property. 23. Mr. Siemasko noted the area suggested by Mr. Habib is where they had thought they could drop off and pick up customers from the property. 24. Chair Vyedin stated that DaVita staff could park in other areas. Yet, with the clinic and adult daycare,that could be tricky with people who require special transportation. 25. Mr. Quinn elaborated the area between the grocery store and the adult daycare would be in the shared parking agreement. He added the DaVita clinic would not be involved in the shared parking agreement. 26. Ms. McGaha asked if the DaVita clinic has designated times for drop-off, because there may be conflicts for pickup and drop-off between multiple uses. She also indicated that the definition of shared parking in Section 5.1.7 of the Zoning Ordinance requires the Board of Appeals to determine simultaneous usage of the shared parking area would not occur. Ms. McGaha asked the applicant to elaborate on peak usage times, and Nina concurred, asking the applicant to review each user's business hours. 27. Mr. Quinn stated appointments for the dialysis center occur from 8:00 a.m. to 8:00 p.m. He noted that the business picks up customers at various, less-grouped appointment City of Salem Zoning Board of Appeals April 9, 202S Page 4 of 6 times. Mr. Quinn stated the in-and-out traffic for the DaVita Clinic will not create a traffic problem for the adult daycare center. 28. Ms. Simpson stated the Board may want to consider the shared parking permit so the applicant does not need to come back to the Board. She suggested potentially having more than six (6) or nine (9) spaces allocated for the adult daycare. 29. Mr. Siemasko explained individuals need to leave the property because of its grade. He stated the aisle widths are twenty-four (24) feet, which would provide customers the option to go back into the parking lot. He stated the parking spaces by the adult daycare clinic and DaVita clinic would be empty despite there only being one entryway and exit way. 30. Chair Vyedin asked what type of grocery store would occupy the property. 31. Mr. Siemasko stated the grocery chain runs a number of Eastern European chains, and that the adult daycare owner is experienced. 32. Mr. Habib stated he would consider making the middle car parking purely for the adult daycare, so the twenty-two (22) parking spaces would be used flexibly apart from the six (6) spaces closest to the building. 33. Mr. Quinn agreed that a condition requiring vans to be parked where they should be parked is a sensible condition. He requested the board to consider that condition and to either generally approve shared parking or drop the request. 34. Chair Vyedin stated she feels comfortable with the current parking location and wanted to discuss the statement of grounds for the adult daycare center alongside a landscaping condition. 35. Mr. Quinn explained the adult daycare center service is needed by the population, and no reason exists for the property to be detrimental to neighborhood. He stated the property has not provided tax revenue in years and can provide new services alongside new jobs in the healthcare and retail sectors. 36. Ms. Osthoff agreed the applicant is requesting a beneficial use. She stated she is comfortable with the plan because it provides privacy. Ms. Osthoff and Mr. Larrick state they are comfortable with moving forward. 37. Mr. Quinn noted the landscaping request would be appropriate if the applicant were not going to the Site Plan Review. 38. Chair Vyedin opened up for public comment. 39. Ward Three City Councillor Patricia Morsillo stated she had questions about the property. She noted she is happy the project is going to the Planning Board for Site Plan Review and stated that people use the breakdown lane on Highland Avenue to turn around. Ms. Morsillo stated there will be more in-and-out traffic with the new grocery store use, and that people often used a fire gate across the street to enter the former Market Basket parking lot. Ms. Morsillo requested the owners remove the gate or convert it into a street. 40. Mr. Quinn stated he would want to address this issue with the Planning Board. 41. Chair Vyedin stated she is comfortable with the petition as given because it is going to the Planning Board. She suggested re-phrasing the condition on the previous decision to specifically address inventory going from the proposed specialty grocery store. She also City of Salem Zoning Board of Appeals April 9, 2025 Page 5of6 suggested considering the six (6) parking spaces for the loading and unloading of adult daycare visitors. 42. Chair Vyedin stated she believes she can make the finding that shared parking is not substantially more detrimental to the community because a minimum of twenty-two(22) spaces could be cut due to landscaping. 43. Mr. Habib stated the only reason to hold the six (6) spaces closest to the adult daycare use would be for transporting and unloading customers. 44. Staff Planner Brennan Postich proposed wording for a special condition:the six(6) parking spaces located east of the proposed adult day care in the plan dated January 10, 2025, shall be maintained as a loading and unloading zone for.adult daycare visitors during business hours. 45. Staff Planner Brennan Postich proposed wording for a special condition: tractor trailers loading and unloading inventory and construction materials shall not use First Street as a means of access to or from the proposed loading dock. 46. Ms. Osthoff motioned to approve the petition, with the special conditions proposed by Staff Planner Brennan Postich. Based on the above statements of fact and findings, the Salem Zoning Board of Appeals voted five (5) in favor, (Nina Vyedin (Chair), Hannah Osthoff, Peter Habib, Christa McGaha, and Stephen Larrick) and zero (0) opposed, to grant 207 Highland Avenue LLC at 207 Highland Avenue a Special Permit per Section 3.1.2 Special Permit and Section 5.1.7 Shared Parking. The proposed use will modify an existing commercial use by adding an adult day care with shared off- street parking. An adult day care use is allowed by special permit in the B2 Zoning District. 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 numbering 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 City of Salem Zoning Board of Appeals April 9, 2025 Page 6 of 6 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, prior to project completion and a final inspection upon project completion. Special Conditions: 1. The six(6) parking spaces located east of the proposed adult day care in the plan dated January 10, 2025, shall be maintained as a loading and unloading zone for adult daycare visitors during business hours. 2. Tractor trailers loading and unloading inventory and construction materials shall not use First Street as a means of access to or from the proposed loading dock. J{�iza l/ i' /A0 Nina Vyedi ,Chair Zoning 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.