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42 Harbor Street Stamped ZBA Decision "Vo 1T,Lq CITY OF SALEM, MASSACHUSETTS q I BOARD OF APPEALS 98 WASHINGTON STREET ♦SALEM,MASSACHUSETTS 01970 DOMINICK PANGALLO TEL:978-619-5685 r-a MAYOR ' 4 i I February 26, 2025 Decision City of Salem Board of Appeals ' The petition of HANNAH BROSNAN at 42 HARBOR STREET(Map 34, Lot 0328) (113 Zoning District)` for a Variance from Section 5.1.5.6.0 Parking Design of the Salem Zoning Ordinance to extend a curb cut from twenty (20) feet to twenty-nine (29) feet. The maximum curb allowed in the R3 District is twenty (20) feet. This filing amends the original filing made on September 19, 2024, with a decrease in the requested curb cut from thirty-five(35)feet to twenty-nine (29)feet. A public hearing on the above petition was opened on December 18, 2024, pursuant to M.G.L Ch.40A, § 11,was continued to February 12, 2025, and was closed on February 12, 2025. On December 18, 2024, the following members of the Salem Board of Appeals were present: Nina Vyedin (Chair), Paul Viccica, Hannah Osthoff, Stephen Larrick, and Ellen Simpson. On February 12,2025,the following members of the Salem Board of Appeals were present: Nina Vyedin (Chair), Paul Viccica, Stephen Larrick, and Ellen Simpson. Hannah Osthoff was absent. Statements of Fact: The petition is date-stamped September 19, 2024.The petitioner seeks Board of Appeals approval to extend a curb cut from twenty(20)feet to twenty-nine (29)feet. 1. Hannah Brosnan owns 42 Harbor Street. 2. The petitioner was Hannah Brosnan. 3. 42 Harbor Street is located in the R3 Zoning District (Map 34, Lot 0328). 4. On December 18, 2024, Hannah Brosnan presented a plan that showed a three (3)story house with four units inside. She stated that there are four parking spaces available.Two parking spaces were located on a concrete driveway accessible from the street, and another two were contained within a gravel parking area. She stated she is undertaking this project in anticipation of tenants moving into the building post-renovation. 5. The project asked for a variance to remove a curb cut and make the two (2) gravel area parking spaces more accessible to the roadway. 6. Chair Vyedin asked if there is documentation for the two tandem gravel parking spaces because the Board cannot grant two tandem parking spots as two parking areas if not previously existing. City of Salem Board of Appeals February 26, 2025 Page 2 of 4 7. Ms. Brosnan stated she did not investigate whether those parking spaces existed in previous plans. 8. Mr. Viccica asked if there is an increase in the number of units inside the building due to building renovation. 9. Ms. Brosnan responded that the building renovations are fully cosmetic. 10. Chair Vyedin stated the board will only be able to officially grant one parking space due to City regulations on tandem parking spaces. 11. Mr. Viccica inquired if there is a legal public parking space in front of the existing gravel parking area. 12. Ms. Brosnan noted there is a yellow-painted curb in front of the gravel parking area. 13. Building commissioner Stavroula Orfanos added that if the Zoning Board of Appeals approves this variance,they must still acquire building permits and other documents. 14. Mr. Larrick noted that removing curb cuts decreases walkability for pedestrians. He asked where the fifteen (15) foot curb cut request originates rather than the nine (9) feet required for a parking space under the Zoning Ordinance. 15. Mr. Viccica stated the gravel parking area creates an illegal parking space because there is no existing curb. He recommended the applicant withdraw without prejudice and create a drawing for what is needed for a legal parking space. Mr. Viccica proposed the applicant create an intermediate curb to mitigate the decrease in walkability from creating an additional curb cut. 16. Chair Vyedin stated she is more comfortable with the application because an application fee introduces unnecessary hardship to the applicant. 17. Mr. Viccica suggested continuing the agenda item to the February 12, 2025 meeting because the City needs to be involved if the Board creates a new parking space. 18. Mr. Larrick stated he would appreciate information from the Engineering Department on whether the yellow-painted curb is a legal parking space. 19. Chair Vyedin explained to the applicant that she can withdraw without prejudice or agree to a continuance. Ms. Brosnan states she would prefer a continuation. 20. Chair Vyedin opened up for public comment. 21. Ward One councilor Cynthia Jerzylo spoke in favor of the curb cut, commending Ms. Brosnan and her husband for purchasing the property and making the neighborhood look better. She does not believe the parking will harm the neighborhood or the street. 22. Mr. Larrick requests photos of the existing garage to understand the existing curb and parking area locations. 23. Mr. Viccica requests a fully dimensioned property site plan. 24. Chair Vyedin asks the applicant to meet with the Engineering Department so the Board can create conditions following the department's recommendations. 25. Chair Vyedin made a motion to continue the petition to the February 12, 2025 Board of Appeals meeting. 26. On February 12, 2025, Chair Vyedin presented a clarification from Roadway Engineering Project Manager Gisell De la Cruz.The email provided a list of recommendations from the Zoning Ordinance that she would like the Board to consider should it approve the curb cut variance, recommending: City of Salem Board of Appeals February 26, 2025 Page 3 of 4 Before any lot or area may be used as a parking lot for the accommodation of more than two vehicles, plans shall be submitted to determine compliance with prevailing standards for entry and exit provisions, curbing and drainage per Chapter 38, Article II,Section 38-62. The impervious surface area of the parking lot, and all entrance and exit drives, shall be set back a minimum of two (2) feet from all lot lines per Zoning Ordinance Section 5.1.6.2. This buffer/set back shall consist of a pervious surface. Provide dimensions of the building and parking areas for the existing and proposed conditions of the site. Identify snow storage locations on the plans both during construction and for future use. 27. Building Commissioner Stavroula Orfanos agreed with the interpretation that the Engineering Department only recommends a variance with the referenced conditions. 28. Ms. Brosnan clarified that the existing curb does not have a legal parking spot in front of it. She stated that the City Ordinance prohibits parking within four(4)feet of a driveway. Resultingly, Ms. Brosnan made an amendment to the Variance request to remove nine (9)feet of the curb.She created a curb cut of nine (9)feet rather than six(6)feet because the property line is not perfectly square. 29. Mr.Viccica confirmed that during a snow emergency,the house's residents would be able to get the vehicles off the street. 30. Ms. Brosnan noted that she fulfilled the other request for additional information with pictures of the existing garage and curb. 31. Chair Vyedin opens up for public comment. At the public hearing, no (0) members of the public spoke in opposition to or in favor of the petition. 32. Mr. Viccica made a motion to approve the petition. On the basis of the above statements of fact and findings, the Salem Board of Appeals voted four (4) in favor, (Nina Vyedin (Chair), Paul Viccica, Stephen Larrick, and Ellen Simpson) and zero(0)opposed,to grant Hannah Brosnan at 42 Harbor Street a Variance from Section 5.1.5.6.0 Parking Design of the Salem Zoning Ordinance to extend a curb cut from twenty (20) feet to twenty-nine(29)feet,where the maximum curb cut allowed in the R3 District is twenty(20)feet. Standard Conditions: 1. Petitioner shall comply with all city and state statutes,ordinances,codes and regulations. 2. All construction shall be done as perthe 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. A Certificate of Inspection is to be obtained. 6. Petitioner is to obtain approval from any city board or commission having jurisdiction including, but not limited to,the Planning Board. City of Salem Board of Appeals February 26, 2025 Page 4 of 4 7. 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. Special Conditions: 1. Before any lot or area may be used as a parking lot for the accommodation of more than two vehicles, plans therefore shall be submitted to the Department of Public Works and the building inspector to determine compliance with prevailing standards for entry and exit provisions,curbing and drainage per Chapter 38,Article II, Section 38-62—Parking Lots. No permit shall be given by the Department until such plans have been found to comply with the standards. 2. The impervious surface area of the parking lot, and all entrance and exit drives,shall be set back a minimum of two (2)feet from all lot lines per Zoning Ordinance Section 5.1.6.2.This buffer/set back shall consist of a pervious surface. 3. The petitioner shall submit a plan that provides dimensions of the building and parking areas for the existing and proposed conditions of the site prior to the issuance of a building permit. 4. Prior to the issuance of a street opening permit,the petitioner shall submit a plan to the building official that identifies snow storage locations both during construction and for future use. Nina Vyedin,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.