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53-59 Mason Street ZBA Decision 10.7.2024DOMINICK PANGALLO MAYOR CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS 98 WASHINGTON STREET ♦SALEM, MASSACHUSETTS 01970 TEL: 978-619-5685 October 7, 2024 Decision City of Salem Board of Appeals The petition of WILLIAM F. QUINN f/b/o 53-59 MASON STREET, LLC at 53-59 MASON STREET.(Map 26, Lot 0090)(NRCC Zoning District) for a Special Permit per Section 3.3.2 Nonconforming Uses to change a nonconforming use of boat and car storage to a warehouse, storage, packaging and distribution use and a Special Permit per Section 3.3.2 Nonconforming Uses to allow all areas of the building to be used for warehouse, storage and distribution. In the NORTH RIVER CANAL CORRIDOR (NRCC) storage, warehousing and wholesale distribution is not permitted. A public hearing on the above petition was opened on September 18th, 2024, pursuant to M.G.L Ch. 40A, § 11 and was closed on September 18, 2024. On September 18th, 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 30, 2024.The petitioner is seeking the Board of Appeals approval to change a nonconforming use of boat and car storage to a warehouse, storage, packaging and distribution use and to allow all areas of the building to be used for warehouse, storage and distribution. 1.53 -59 Mason Street is owned by 53-59 Mason Street, LLC. 2.The petitioner was William F. Quinn f/b/o Mason Street, LLC. 3. 53-59 Mason Street is located in the NRCC Zoning District (Map 26, Lot 0090). 4.On September 18th, 2024, William Quinn presented the plans to the Board. 5. 53-59 Mason Street is currently being used as a boat and car storage facility that received Zoning Board of Appeals approval in 2022. The Petitioner is seeking Special Permits to change from one nonconforming use (boat and car storage) to another nonconforming use of warehouse, storage, packaging and distribution. 6.William Quinn reviewed for the Board the submitted petition amendments.The amendments to the original petition were: City of Salem Board of Appeals October 7, 2024 Page 2 of 6 - Under Sec. 3.3.2 for a Special Permit to change the use of Suite 106 on the Floor Plan(4,585 SF) from its existing nonconforming use as storage of cars and boats to another nonconforming use as warehouse, storage, packaging and distribution, which are not allowed in the NRCC District. - Under Section 3.3.2 for a Special Permit to change the use of Suite 101R (10,000 SF) from existing nonconforming use as storage of cars and boats to another nonconforming use as warehouse, storage and distribution, which are not allowed in the NRCC District. -Under Sec. 3.3.2 for a Special Permit that, upon vacancy of Suite 101A(10,065 SF), to change the existing nonconforming use as storage of sound equipment to another nonconforming use as warehouse, storage and distribution, which are not allowed in the NCRR District. 7. Attorney Quinn stated that 53-59 Mason Street has been used as storage since the Board of Appeals decision was granted back in 2022. However, the tenant has left the business. This has left approximately 24,000 square feet of empty space. 8. Suite 101A is currently vacant and has approximately 10,000 square feet of storage space. Attorney Quinn is seeking a Special Permit to use this vacant space for warehousing. 9.Attorney Quinn stated that Extreme Packaging Solutions would like to move into Suite 106. Attorney Quinn stated that his client is also seeking to include packaging in their uses at the site, which is different from warehousing. 10.Attorney Quinn stated that a special permit is sought so the Petitioner would not need to return to the board again with the new tenant for this approved use. 11.Attorney Quinn is seeking the same relief for Suite 101 which has 10,000 square feet of storage space. The Petitioner is seeking the relief now as an allowed use, in order to not return to the board after they find a tenant to lease the space to within the allowed use under the requested Special Permit per Section 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance. 12.Attorney Quinn reviewed the proposed parking plan for the site. The proposed use at 53-59 Mason Street would require 71 parking spaces and the Petitioner is providing 107 parking spaces. 13.Attorney Quinn stated that his client would accept a Special Condition that requires all deliveries to come and go on Commercial Street at the rear of the property. 14.Nina Vyedin clarified that the Petitioner is not seeking relief for the whole building, just the specific units in the amended petition. Attorney Quinn stated that was correct. 15.Paul Viccica stated he was uncomfortable giving approval for use under Special Permit 3.3.2 without knowing if the tenant will be more detrimental to the neighborhood. Mr. Viccica stated he preferred to know what the businesses would be and what the hours for operation would be. 16.Attorney Quinn stated his client is seeking to do business on the property and accept deliveries between 7am and 11pm. Paul Viccica reminded Attorney Quinn City of Salem Board of Appeals October 7, 2024 Page 3 of 6 that the previous Petitioner had a special condition that reduced traffic at certain hours for the neighborhood. 17.Jeffery Tobin, tenant, stated the operation details of the business. 18.Jeffery Tobin stated he would accept a special condition about delivery and hours of operation. 19.Tanya Trevisan, Representative for DSL Salem Flint, LLC, owner of the Halstead Apartments, 72 Flint Street. Ms. Trevisan stated that she represents opposition to this petition due to the property being currently a warehouse, storage,packaging and distribution facility would be substantially more detrimental to the residents living adjacent to the property than the existing non-conforming use which is limited to the indoor storage of boats, automobiles and recreational vehicles. Secondly, the proposed use would allow for delivery truck traffic,including large trucks, 18-wheelers and panel trucks daily.Ms. Trevisan stated, according to the application materials and the site plan, all the truck traffic would come onto the property from Commercial Street, and the concern is that all traffic would drive past the adjacent Halsted Apartments to reach the loading docks, which are also directly facing the Halsted Apartments. 20.Ms. Trevisan also stated that property was unlawfully used prior to that issuance of the special permit. In addition, the property was used for outdoor storage of 18-wheeler trucks and buses and as a repair facility in 2020 for approximately 18 months without having the requisite special permit to do so, which is what led to the property owner seeking a special permit in 2022 for what is now the current use. 21.Ms. Trevisan stated that this proposed use did not serve the purpose of the North River Canal Corridor Overly District as stated in Salem’s Master Plan. 22.Attorney Quinn stated that the proposed traffic into the site is no more than one to two tractor trailers a day, and no later than 4pm for those deliveries. 23.The Board discussed voting for Suite 106 as it had a tenant already lined up to rent the space. 24.The Board decided they would be comfortable voting for the suite 106 only with Special Conditions for that site. 25.The Petitioner requested to withdraw their applications for relief for suite 101A and suite 101R and move forward with the relief for suite 106 at 53-56 Mason Street. This includes the nonconforming use for suite 106 and the associated parking. City of Salem Board of Appeals October 7, 2024 Page 4 of 6 The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearings, and after thorough review of the petition, including the application narrative and plans, makes the following findings that the proposed project meets the provisions of the City of Salem Zoning Ordinance: Special Permit Findings: The Board finds that the adverse effects of the proposed use will not outweigh its beneficial impacts to the City or the neighborhood, in view of the particular characteristics of the site, and of the proposal in relation to that site. In addition to any specific factors that may be set forth in the zoning ordinance, the determination includes consideration of each of the following: 1. Social, economic, or community needs are served by this proposal: the proposal stays within the business and commercial goals held by the North River Canal Corridor Overlay District. 2.Traffic flow and safety, including parking and loading: there will be no impact on traffic flow or parking. 3.Adequacy of utilities and other public services: there will be no change in utilities with this petition. 4. Impacts on the natural environment, including drainage: there will be no impact on the natural environment. 5.Neighborhood character: the project is in keeping with the neighborhood character. 6.Potential fiscal impact, including impact on city tax base and employment: this petition potentially will increase the tax base for the city. On the basis of the above statements of fact and findings,the Salem Board of Appeals voted five (5) in favor (Nina Vyedin (Chair), Paul Viccica, Ellen Simpson, Stephen Larrick and Hannah Osthoff)) and none (0) opposed to allow the withdrawal without prejudice the relief requested for Suite 101R and 101A. In addition, voted to grant WILLIAM F. QUINN f/b/o 53-59 MASON STREET, LLC a Special Permit per Section 3.3.2 Nonconforming Uses to change a nonconforming use of boat and car storage to a warehouse, storage, packaging and distribution use and a Special Permit per Section 3.3.2 Nonconforming Uses to allow all areas of Suite 106 to be used City of Salem Board of Appeals October 7, 2024 Page 5 of 6 for warehouse, storage and distribution, subject to the following terms, conditions and safeguards: 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. 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. Special Conditions: 1. The hours of receiving shall be 8am to 6pm Monday through Friday. Staff hours will be 7am to 6pm.However, owner and managers can be at the site after 6pm. 2.No large vehicles for distribution shall enter or exit the site after 6pm. 3. No delivery vehicles will be allowed on Saturday or Sunday. 4. All vehicles will enter the site from Commercial Street. City of Salem Board of Appeals October 7, 2024 Page 6 of 6 __________________________ 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.