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45 Jefferson Avenue Final Stamped Decision 12.30.2024 ����ONDIT CITY OF SALEM., MASSACHUSETTS o BOARD OF APPEALS 98 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970 DOMINICK PANGALLO TEL:978-619-5685 MAYOR `7 t C-) .Y December 30, 2024 Decision City of Salem Board of Appeals r ca The petition of ZXE, LLC at 45 JEFFERSON AVENUE. (Map 25, Lot 0653) (I/ECOD Zoning Districts) for a Variance from Section 4.1.1 Dimensional Requirements to construct a four-story self- storage facility. The proposed self-storage facility will require variances for two side setbacks where 28.2 and 5.0 feet are proposed and 30 feet is required, and Variance for lot coverage where 50.8% is proposed and 45% is required, and a variance for rear setback where 17.7 is proposed and 30 feet is required. This filing amends the original filing made on July 31, 2024, with revised side setback, rear setback,and lot coverage variance requests and a removed height variance request. A public hearing on the above petition was opened on September 18, 2024, pursuant to M.G.L Ch.40A, § 11, was continued to November 20, 2024, and was closed on December 18, 2024. On September 18, 2024, the following members of the Salem Board of Appeals were present: Nina Vyedin (Chair), Carly McLain, Paul Viccica, Hannah Osthoff, Stephen Larrick, and Ellen Simpson. On November 20, 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 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. Statements of Fact: The petition is date-stamped July 31, 2024. The petitioner seeks the Board of Appeals approval to construct a five-story first class self-storage facility. 1. 45 Jefferson Avenue is owned by ZXE LLC. 2. The petitioner was ZXE LLC. 3. The representative was Attorney Scott Grover, Todd Waller is the property owner. 4. 45 Jefferson Avenue is located in the I and ECOD Zoning Districts (Map 25, Lot 0653). City of Salem Board of Appeals December 30, 2024 Page2of5 5. On September 18, 2024, plans were presented that showed a five (5) story building with a height of fifty-nine (59) feet that exceeded the forty-five (45) feet allowed in an Industrial Zoning District. 6. The project also requires variances from setbacks and from coverage. 7. Attorney Grover states that the applicant seeks to develop a self-storage facility with approximately 108,000 square feet of gross floor area with a total of 12 parking spaces provided onsite for use by customers and two employees working onsite. 8. Attorney Grover discussed the requested relief for the petition and the grounds for relief. There are challenges created due to the narrow shape of the lot and the need to provide access around the building for emergency purposes and flood mitigation measures. The proposed redevelopment eliminates the number of existing nonconformities. Mr. Grover states the relief could be granted without derogation from the literal intent of the ordinance and without detriment to the public good. 9. Todd Waller, the owner, describes self-storage use as a necessary business and low impact to city infrastructure, traffic and parking, schools, and the environment 10. Mr. Waller presents renderings of the project. 11. Katie Olyha,the civil engineer, presents site plans for the project. 12.The layout provides safe site circulation and efficient design for the use to operate given the site constraints. The design introduces additional landscaping and open space.There are two full-movement driveways.There is a front office and smaller vehicle loading area and a rear loading area to accommodate larger vehicles in the rear of the building. 13. Dan Ricciarelli, the architect, presents the site context and streetscape renderings and elevations.The design include masonry material and an inset first floor. 14. Chair Vyedin asks about flood mitigation and usability of the first floor. 15. Mr. Grover explains that balancing the side setbacks, providing emergency access around the building, and providing flood mitigation measures pushed the height of the building up. 16. Mr. Viccica asks about the need for the height and width of the building and floodplain management of the project. 17. Mr. Waller explains there is an economic factor that drives the mass of the building. He explains they will be including some permeable surfaces and drainage onsite. 18. Mr. Grover explains the project will also need to comply with the Coastal Resiliency Overlay District standards. 19. Dan Whitney, the project manager, explains the proposed height relates to financial reasons, additional cross bracing required, installation of stem walls for flood mitigation, and inability to install and utilize a basement due to the floodplain. 20. Ms. Ostoff inquires about the height. Mr. Larrick inquires if any other uses were considered. 21. Mr. Grover states functional industrial use of the site will likely require zoning relief. He also offers to provide additional information regarding the Coastal Resiliency Overlay District flood mitigation requirements. 22. Chair Vyedin requests additional information on the financial breakdown of the project. City of Salem Board of Appeals December 30, 2024 Page 3of5 23. Mr. Viccica requests additional information on the hardship for the height variance request. 24. Chair Vyedin made a motion to continue the petition to the October 16, 2024 Board of Appeals meeting. 25. On November 20, 2024, revised plans with a four story, forty-five feet high building that eliminated the need for a height variance but still required a variance from side setbacks, lot coverage, and the rear setback were presented. 26. Mr. Grover states 45 Jefferson Avenue is nonconforming in its side and rear setbacks, as well as lot coverage. The building has been reduced from five stores to four to comply with the height requirement. The lot coverage has increased slightly from the previous design from 49.9% to 50.8%. The building has been shifted to the West side of the property. Additional relief from the rear setback is requested. 27. Mr. Whitney states the revised design includes additional green space in the rear and a loading zone in the middle of the building. 28. Mr. Ricciarelli presents revised renderings. 29. Mr. Waller presents on the hardship for the requested relief and the need for a self storage facility. 30. Gordon McLaughlin, a partner to the petitioner, presents on the financial feasibility and economics of the project. 31. Ms. Ostoff inquires about the rear setback relief request. 32. The project will be re-advertised to include the request for relief from the rear setback. 33. Mr. Larrick inquires about the location of the shade trees. 34. Mr. Whitney explains they will be located in the front. A landscaping plan will be developed for their application at the Planning Board. 35. Mr. Larrick discusses a public comment submitted in writing by Tom Scudder. Mr. Larrick inquires on the proposed self storage facility use. 36. Mr. Grover states the self storage use is an allowed use in the Industrial zoning district. 37. Mr. Whitney explains impacts to traffic will be minimal. 38. Ms. Simpson inquires about the reasoning behind this use. 39. Mr. Grover explains they will address this at the December meeting. 40. Chair Vyedin opens up for public comment. 41. Craig Powers, 23 Francis Road, inquires about the propane filling station at the property line with an abutting property. 42. Chair Vyedin inquires about this station and the impact on this project. 43. Mr. Waller explains the building will be sufficiently setback from the property line and propane tank. Trucks drive close to the propane tanks on the abutting property. 44. Chair Vyedin made a motion to continue the petition to the December 18, 2024 Board of Appeals meeting. 45. On the December 18, 2024 meeting,the project has been accurately advertised, and Mr. Grover explains the reasoning behind the proposed use of this project. 46. Mr. Waller presents a use comparison table with a sample of potential uses. 47. Mr. Viccica asks for the hours of operations. Mr. Whitney responds that the hours are 6:00 am to 10:00 pm with a key card. Office hours are 9 am to 5:30 pm Monday through City of Salem Board of Appeals December 30, 2024 Page 4of5 Saturday and 9:30 am to 5:00 pm on Sunday. Mr. Viccica confirms that it is gated and closed after 10:00 pm. 48. Ms. Simpson appreciates the explanation of the uses of the site. Mr. Larrick seconds this. 49. Mr. Viccica confirms that the project will need Planning Board and Design Review Board review as it is in the Entrance Corridor Overlay District. Mr. Viccica would like additional information on the traffic and intersection. 50. Mr. Grover anticipates a traffic report will be required for the Planning Board. 51. Chair Vyedn opens up for public comment. 52. 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, Hannah Osthoff, and Ellen Simpson) and one (1) opposed, (Stephen Larrick) to grant ZXE LLC at 45 Jefferson Avenue variances from Section 4.1.1 Dimensional Requirements to construct a four-story self-storage facility and variances for two side setbacks where 28.2 and 5.0 feet are proposed and 30 feet is required, a Variance for lot coverage where 50.8% is proposed and 45% is required, and a variance for rear setback where 17.7 is proposed and 30 feet is required. 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. A Certificate of Occupancy is to be obtained. b. 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. 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. 9. Petitioner shall schedule Assessing Department inspections of the property, at least annually, prior to project completion and a final inspection upon project completion. �A Nina Vyedin, Chair Board of Appeals City of Salem Board of Appeals December 30, 2024 Page 5 of 5 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.