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34 Boston Street ZBA Final Stamped Decision ."ONwr . Y �- CITY OF SALEM, MASSACHUSETTS z;ifJog ZONING BOARD OF APPEALS 9���MlNE OpC> 98 WASHINGTON STREET ♦SALEni,MASSACHUSETTS 01970 DOMINICK PANGALLO T)EL:978-619-5685 MAYOR n April 9, 2025 Decision ' _2 City of Salem Zoning Board of Appeals The petition of ALNARDY GONZALEZ at 34 BOSTON STREET(Map 25, Lot 0076) (112 Zoning Dis;ict and Entry Corridor Overlay District)for a Special Permit per Section 3.3.2 Nonconforming Uses to modify an existing non-conforming multi-use structure by creating an area to be used as a deli and a cooking space inside an existing single-floor convenience store. 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 February 18, 2025. The petitioner sought Zoning Board of Appeals approval to create an area to be used as a deli and cooking space. 1. Mardee Goldberg LLC owned 34 Boston Street. 2. The petitioner was Alnardy Gonzalez. 3. 34 Boston Street is in the R2 Zoning District and the Entry Corridor Overlay District (Map 25, Lot 0076). 4. This filing amended the original filing made on February 18, 2025, updating the property address from 30 Boston Street to 34 Boston Street. 5. On March 26, 2025,Alnardy Gonzalez presented plans to create an area inside an existing convenience store to be used as a deli and cooking space. Mr. Gonzalez introduced himself as the owner of La Bodeguita de Yolanda. He explained that there are currently no places to go for a bodega, noting there are two bodegas on Foster Street and no Spanish bodegas elsewhere. He stated that Salem Heights needs places to eat for groceries and food. He stated food exists to remind community members that the Hispanic community exists. He described how the store has opened and closed with relatively unstable ownership. 6. Mr.Gonzalez explained that residents need food with a menu they can relate to.He noted he would not be making any structural changes and at most would add an exhaust above the grill. 7. Chair Vyedin asked where food would be served inside the structure. 8. Mr. Gonzalez explained food would be served around the L-shape by the building's front entrance, with coolers and marble countertops. City of Salem Zoning Board of Appeals April 9, 2025 Page 2 of 3 9. Chair Vyedin asked if the entire ground floor is currently the Mass Mini Mart. 10. Mr. Gonzalez confirmed the entire ground floor is commercial and stated only one tenant lives above the convenience store. Mr. Gonzalez noted the address was wrongly listed as 30 Boston Street because he could not input the correct location on the application portal. The correct address would be 34 Boston Street. 11. Chair Vyedin asked what food delivery and drop-off would look like. 12. Mr. Gonzalez answered they would provide a pick-up-and-go menu,and that his nephew would deliver food. 13. Chair Vyedin asked how food would be supplied to the building, and how the supplies would enter and exit the building. 14. Mr. Gonzalez stated the front sidewalk would hold the delivery vehicle, and that he received permission from the car dealership and laundromat to park the vehicle in front of their properties. He noted that supplies would be delivered through the back doorway beside the right sidewalk. 15. Chair Vyedin asked about the convenience store hours of operation. 16. Mr. Gonzalez stated the convenience store hours are 7:00 a.m. to 10:00 p.m. 17. Mr. Habib noted that loading supplies in and out of the property would be less intense than the current mini mart. He suggested the exhaust should be far enough away from the residential unit to not be a safety hazard. 18. Ms. McGaha stated Section 14-228 of the Salem City Ordinance says a business needs to go to the City Council to be open for retail transactions between 11:00 p.m. and 6:00 a.m. 19. Mr. Larrick stated he believes this would be a good use for an absent community service. 20. Chair Vyedin opened up for public comment. 21. Erica, a resident of 44 Warren Street, stated this location would be a great place for a bodega. She noted The Point is an inconvenient location to go to with traffic, and stated she could grab something quick to eat here before going home from work. 22. Julie and Steven Diogo, residents of 5 Witch Way, agreed there are no bodegas in the area, and that going to Lynn or Market Basket is inconvenient.Julie stated this location is less than five minutes from her house, and that the store has been opened and closed numerous times. 23. Ms. McGaha motioned to approve the petition. 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 Ainardy Gonzalez at 34 Boston Street a Special Permit per Section 3.3.2 Nonconforming Uses to modify an existing non-conforming multi-use structure by creating an area to be used as a deli and a cooking space inside an existing single- floor convenience store. Standard Conditions: 1. Petitioner shall comply with all city and state statutes,ordinances, codes and regulations. City of Salem Zoning Board of Appeals April 9, 2025 Page 3of3 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 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 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, prior to project completion and a final inspection upon project completion. Nina VyedinAhair 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.