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15 Abbott Street Certified Decision ' CITY OF SALEM, MASSACHUSETTS G BOARD OF APPEALS -- 98 WASHINGTON STREET ♦ SALEM,MASSACHUSETTS 01970 TEL:978-619-5685 DOMINICK PANGALLO v MAYOR January 29, 2025 Decision City of Salem Board of Appeals h ;� r The petition of ARSEN SHERAJ at 15 ABBOTT STREET (Map 15, Lot 116) (111 Zoning District)for a Special Permit per Section 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance to alter and change the existing nonconforming two-family use in the R1 zoning district to a nonconforming three-family use by building a third-floor dormer. Parking spaces for five vehicles will be provided. The applicant also seeks a Variance from Section 4.1.1 Dimensional Requirements to increase the height of the structure to three stories, where 2.5 stories is allowed, and a Variance from Section 4.1.1 Dimensional Requirements to decrease lot area to 1,200 sf per dwelling unit, where 1,500 sf per dwelling unit is required. A public hearing on the above petition was opened on January 15, 2025 and closed on January 15, 2025. On January 15, 2025, the following members of the Salem Board of Appeals were present: Paul Viccica, Hannah Osthoff, Ellen Simpson, and Stephen Larrick. Statements of Fact: The petition is date stamped November 13, 2024. The petitioner proposes to convert a single- family residence into a two-family residence. 1. 15 Abbott Street is owned by Arsen Sheraj 2. The petitioner was Arsen Sheraj 3. The representative was Attorney William Quinn. 4. 15 Abbott Street is located in the R1 zoning district. (Map 15, Lot 116). 5. On January 15, 2025, Attorney William Quinn presented plans to the board. 6. Mr. Sheraj bought the building in a dilapidated, unmodernized condition and they would like to bring it up to code. 7. The building is not historic but the applicant has been in touch with the Salem Historical Commission. 8. The building is four feet taller than the building on the left side of the property and the right side has a house set back nearly eighty (80') feet from the street. The proposed dormer should not affect either abutter. 9. The property fits into the streetscape of the neighborhood. 10. Request is to expand third level by adding a dormer to make the space livable. This would change the house from a two-family to a three-family house. 11. Asking for a special permit to modify a nonconforming two-family to a nonconforming three-family. 12. Plan to enclose porches on the front of the building and extend front of building to the same level as the porches. 13. Two Bedrooms on first floor, two or three bedrooms on the second floor, and a studio on the third floor. 14. There is adequate space for the proposed five (5),9'x19' parking spaces, including buffer a the back property line. 15. Requesting to move a small one-story staircase on the side of the building round the corner to the rear. 16. Looking for special permit to alter a nonconforming two-family to nonconforming three- family, a variance on height, and a variance for lot area per dwelling unit. 17. Mr. Larrick asks if the third floor has been considered to be an Accessory Dwelling Unit (ADU). 18. Mr. Quinn say This property is not owner occupied which would prohibit the use of the third floor as an ADU under current zoning. 19. Ms. Simpson is concerned about water runoff. 20. Mr. Quinn says that the applicant would agree for four (4) parking spaces and allow more open space, but that would require a parking variance. 21. Mr. Viccica asks for an explanation on how the tandem parking works for spots one (1), (2), and (3). 22. Mr. Quinn says that the spots are larger than the average car. Accessibility to spots will improve with moving of staircase to the rear of the house. 23. Mr. Larrick ask if there is an existing conditions plan. 24. Mr. Quinn says that there is in on the side where one and two are. 25. Mr. Viccica finds it difficult to imagine that the parking is not detrimental. 26. Mr. Quinn says that the definition of tandem parking is that a car cannot get out without another car moving. The surveyor says this is not an issue at this property. 27. Ms. Simpson asks what the other members of the board think of asking the applicant to return asking for less parking. Mr. Quinn says the surveyor shows 2.1 feet. Ms. Simpson would still like them to return with fewer parking spots. 28. Mr. Viccica says that the problem is that 1.5 parking spaces, there is no presumption that any unit would have less than is required. He feels that there will be more cars on the street because it will be harder to park there. 29. The applicant says that the current parking is comfortable for the cars. He proposed a net and gravel system to confront draining problems. 30. Ms. Osthoff worried about the parking working. But finds that the nonconforming three family would not change the streetscape. 31. Mr. Viccica is concerning about the parking 32. Mr. Larrick asks if they will vote on the variance and permit separately. 33. There are two written public comments from Suzanne Coiro and Brent Vander Werf. These are available in the public SharePoint folder. 34. Brent Vander Werf is in the audience to speak. Mr. Vander Werf 5 logan street. Is concerned about the increase of nonconformance in the neighborhood. The size, the density of the neighborhood, the parking. Would like a feasibility study on the parking. The two-family to three-family concerns are for the neighborhood, this is an R1 zone and concerned if all two-families are permitted to change to three-families. Disagrees with Mr. Quinn on the amount of off-street parking. He appreciates the work of the Applicant and would love to see 15 Abbott Street improved. 35. Suzanne Coiro, 17 Abbott Street, the setback house. Feels there is no parking for any extra units. Wouldn't be good to make the house a three-family. 36. DQ, David 12 Abbott street. Reminding the panel that 9 10, 11 converted from 2 to 3 families. The pictures were done during the day when everyone is at work. The on- street parking is excessive on Abbott Street, including commercial vehicles, and there is zero parking enforcement. 37. Suzanne Coiro speaks again, this time on parking. They can fit three vehicles, but where does the snow go? 38. DQ speaks again, wants to reinforce the fact that they have no objection to what they are doing but it is what the city is not doing regarding traffic enforcement. 39. Attorney Quinn say the snow plowing can be remedied by adding a condition on snow storage. 40. Attorney Quinn wonders if residents have tried to obtain sticker parking for the street. 41. Mr. Viccica cites the precedence of already converted nonconforming three family buildings. 42. Motion to approve is made by Mr. Larrick, seconded by Ellen Simpson. Special Permit Findings: The Board finds that the proposed modification will not be substantially more detrimental than the existing nonconforming use to the neighborhood. On the basis of the above statements of fact and findings, the Salem Board of Appeals voted four(4)in favor Hannah Osthoff, Paul Viccica, Stephen Larrick, and Ellen Simpson and none (0) opposed to grant ARSEN SHERAJ at 15 ABBOTT STREET a Special Permit per Section 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance to alter and change the existing nonconforming two-family use in the R1 zoning district to a nonconforming three-family use by building a third-floor dormer. The applicant also seeks a Variance from Section 4.1.1 Dimensional Requirements to increase the height of the structure to three stories, where 2.5 stories is allowed, and a Variance from Section 4.1.1 Dimensional Requirements to decrease lot area to 1,200 sf per dwelling unit, where 1,500 sf per dwelling unit is required. Receiving four (4) in favor votes,the petition for a Special Permit is GRANTED. Receiving four (4) in favor votes,the petition for a Variance is GRANTED. 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. 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. 8. Petitioner is to obtain approval from any city board or commission having jurisdiction including, but not limited to, the Planning Board. 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. SPECIAL CONDITIONS 11. All parking shall be constructed with pervious paving materials. Hannah Ostoff Vice 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 nottake effect until a copy of the decision bearing the certificate of the City Clerk has been filed with the Essex South Registryof Deeds. Date FEB 2 4 2025 t hereby certify that 20 days have expired from the date this instrument was received, and that NO APPEAL has been filed^in this office. A True Copy �h"'" kE/IYIC/r>� ATTEST: CITY CLERK, Salem, Mass.