Loading...
53-59 Mason Street 09.16.2024 Letter to Salem ZBA-Opposition to Special Permit Application ID ZBA-24-32 Office Locations Main Office – Use for all correspondence New Hampshire Office 2 Batterymarch Park, Suite 202 108 Mammoth Road Quincy, MA 02169 Londonderry, NH 03053 Tel. (508) 510-5727 ■ Fax (508) 857-0751 Tel. (603) 404-6200 September 16, 2024 VIA ELECTRONIC MAIL: dlaroe@salem.com Mr. Daniel Laroe, Staff Planner City of Salem Zoning Board of Appeals Salem City Hall 93 Washington Street Salem, MA 01970 Re: Application ID: ZBA-24-32; 53-59 Mason Street Opposition to Special Permit Application for Change of Nonconforming Use Dear Mr. Laroe: Please be advised that this firm represents DSF Salem Flint LLC, the owner of a residential apartment building consisting of one hundred thirty (130) units, located at 72 Flint Street, Salem, Massachusetts, commonly known as the Halstead Salem Station Apartments (the “Halstead Apartments”). On behalf of my client and the residents of the Halstead Apartments, please include this correspondence in the record of the above-referenced application (Application ID: ZBA-24- 32) (the “Application”) for a special permit to change a nonconforming use at the property located at 53-59 Mason Street, in Salem (the “Property”), which I understand is to be heard by the Zoning Board of Appeals (the “Board”) on September 18, 2024. For the reasons outlined below, my client opposes the Application and respectfully requests that the Board deny the Application with prejudice. The Property consists of approximately 2.1 acres of land and is improved by an approximately 20,000 square foot building that is currently used in part for the indoor storage of boats, automobiles, and recreational vehicles.1 The Property is located within the North River 1 The Application seeks to “change about 20,000 SF of the building from its current nonconforming use for storage for boats and cars, to another nonconforming use of a warehouse, storage, packaging and distribution . . . anywhere within the entire building.” As noted below, in 2022, the Board granted a special permit to allow 14,000 square feet of the building to be used for the “year- round and seasonal indoor storage of classic automobiles, recreational vehicles and boats.” Query whether this nonconforming use of the Property has been expanded unlawfully from 14,000 SF to 20,000 SF without first obtaining the requite special permit from the Board. Counselors at Law Tanya D. Trevisan (617) 404-8747 – Direct ttrevisan@msullc.com Admitted in: MA Mr. Daniel Laroe, Staff Planner September 16, 2024 Page 2 of 4 Canal Corridor Neighborhood Mixed Use District (NRCC), which expressly prohibits “[s]torage, warehousing and wholesale distribution facilities except as an accessory use.” See Section 8 of the City of Salem Zoning Ordinance (the “Zoning Ordinance”) and Section 7.1 of the “Table of Uses, NRCC District,” contained therein. Section 8.4.1 of the Zoning Ordinance provides that the purpose of the NRCC is: . . . to fulfill the goals and objectives contained within the Neighborhood Master Plan for the North River Canal Corridor (the NRCC Plan). The NRCC Plan encourages the best use for the North River Canal Corridor physically, economically, environmentally, and socially while promoting the best interests of the residents of the city. The goals of the NRCC Plan, as stated in the North River Canal Corridor Vision Statement, February 2003, are as follows: 1. Create appropriate development while preserving our historic neighborhood character; 2. Address transportation issues for existing and new developments; 3. Enhance the public realm in keeping with our unique neighborhood character. Further, Section 8.4.2 provides that, in order to achieve the above-referenced goals of the NRCC Plan, all developments are required to comply with the enumerated standards outlined therein, including but not limited to the following: 1. All development shall be in compliance with the NRCC Plan. 2. All development shall be designed to complement and harmonize with adjacent land uses (existing and proposed) with respect to architecture, scale, landscaping and screening. Building materials of brick, stone, and wood are encouraged. Pre-cast concrete or prefab aluminum or metal panels are highly discouraged. 3. Ground floor spaces should have active pedestrian friendly uses. 4. Buildings should be located in a way to create a presence on the main corridor's street edges. 5. Buildings shall face the main corridor and have an entrance on the main corridor. Mr. Daniel Laroe, Staff Planner September 16, 2024 Page 3 of 4 6. Streets and roadways must include sidewalks and landscaping to provide an attractive connection for pedestrian use, and to complement adjacent parkland. 7. Uses are designed to generate pedestrian traffic. 8. All retail uses should support the adjacent neighborhoods. 9. All development shall be designed to facilitate, accommodate, and encourage use by pedestrians and non-motorized forms of transportation as much as, if not more so than, use by motorized vehicles. (Emphasis added.) Additionally, Section 3.0 of the Zoning Ordinance, Table of Principal and Accessory Use Regulations, provides that the principal use of the Property as a wholesale, warehouse or distribution facility is not an allowed use in the NRCC Zoning District. Section 3.3.2 of the Zoning Ordinance provides that the Board may award a special permit to change a nonconforming use “only if it determines that such change or extension shall not be substantially more detrimental than the existing nonconforming use to the neighborhood.” On March 28, 2022, the Board granted a special permit allowing approximately 14,000 square feet of the building on the Property to be used for indoor, year-round and seasonal storage of boats, automobiles, and recreational vehicles (the “2022 Board Decision”). The Application at issue here proposes to change the existing nonconforming use of the Property to a warehouse, storage, packaging, and distribution center–a use that would not only create a greater nonconformity but also seeks to utilize the entirety of the building (which measures approximately 20,000 square feet) for such purposes. Were the Board to grant this Application, it would negate the exact purpose of what the NRCC Zoning District is intended to protect against. The proposed use of the Property is not a pedestrian-friendly use in this heavily residential area and would discourage pedestrian traffic. The Halstead Apartments immediately abut the Property; and there is a two-family residence located at 61 Mason Street, which also abuts the Property. Contrary to claims contained in the “Statement of Grounds for Zoning Relief for 53-59 Mason Street LLC” (the “Statement of Grounds”), which is included with the proponent’s Application materials, the proposed change in the nonconforming use of the Property not only would violate the purpose and intent of the NRCC Plan, but it would be detrimental to the residents of the Hallstead Apartments and the surrounding residential neighborhood, as well. Because of the close proximity of residential neighbors to the Property, the Property is not an appropriate site for the proposed change in nonconforming use. The Statement for Grounds indicates that there would be “one to two” large trucks” and “several panel vans and small trucks” travelling to and from the Property on a daily basis. All of the trucking traffic would come onto the Property from Commercial Street and would drive past the Halstead Apartments to reach the loading docks, which would face the Halstead Apartments. Mr. Daniel Laroe, Staff Planner September 16, 2024 Page 4 of 4 Please find enclosed herewith an image obtained from Google Maps (https://www.google.com/maps) which offers some perspective as to the proximity of the proposed trucking traffic and loading docks to the Halstead Apartments. The proposed use would create a great amount of truck traffic, and the loading and unloading of the trucks would create significant noise and disturbance for the residents of the Halstead Apartments and other neighbors. Further, truck exhaust and emissions would compromise the air quality for these nearby residents. It is worth noting that this Application is not the proponent’s first foray in utilizing the Property for this type of proposed use. Starting in 2020 and continuing for approximately eighteen (18) months, the Property was unlawfully utilized to store and repair 18-wheeled trucks and school buses without first obtaining from the Board the requisite special permit for such use. Residents from the Halstead Apartments filed complaints with the City regarding the noise and traffic from the trucks and busses all hours of the day and night and the bright lights emanating from the Property at night. The owners of the Property were issued notices of violation of the Zoning Ordinance for this unlawful use of the Property. Thereafter, the owners of the Property petitioned the Board for a special permit to use the Property for year-round and seasonal indoor storage of classic automobiles, recreational vehicles and boats, which the Board granted in 2022. Because of its close proximity to residential neighbors, the Property is not an appropriate location for the proposed warehouse, storage, packaging, and distribution facility. Moreover, this proposed change in nonconforming use would violate the express purpose and intent of the NRCC Plan as outlined in Section 8.4 of the Zoning Ordinance. Based on all of the foregoing, the Board cannot find that the applicant meets the criteria necessary to grant a special permit for a change from the current nonconforming use to a warehouse, storage, packaging, and distribution facility, as such change in use would be substantially more detrimental to the neighborhood than the existing nonconforming use. For these reasons, on behalf of my client, I respectfully request that the Board deny the Application with prejudice. Please note that I plan to attend the virtual hearing of the Board on September 18, 2024, to discuss my client’s concerns and to answer any questions that the Board may have regarding this opposition to the Application. Thank you for your time and kind consideration of this matter. Sincerely, MIRRIONE, SHAUGHNESSY & UITTI, LLC Tanya D. Trevisan Tanya D. Trevisan, Esq. Encl.