Loading...
2 Lowell Street ZBA Final DecisionDOMINICK PANGALLO MAYOR CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS 98 WASHINGTON STREET ♦SALEM, MASSACHUSETTS 01970 TEL: 978-619-5685 September 9th, 2024 Decision City of Salem Board of Appeals The petition of MATT CENTORINO at 2 LOWELL STREET. (Map 45, Lot 0013) (B2 Zoning District) for a Special Permit per Section 3.1.2 Special Permit: Zoning Board of Appeals to operate a limited boat repair service on site and in the petitioner’s garage. A public hearing on the above petition was opened on August 21st, 2024, pursuant to M.G.L Ch. 40A, § 11 and was closed on August 21, 2024. On August 21, 2024, the following members of the Salem Board of Appeals were present: Nina Vyedin (Chair), Paul Viccica, Ellen Simpson, Stephen Larrick, and Carly McClain. Statements of Fact: The petition is date-stamped July 30, 2024. The petitioner seeks the Board of Appeals approval to allow a limited boat repair service at their home. 1. 2 Lowell Street is owned by Matthew Centorino. 2. The petitioner was Matthew Centorino. 3. 2 Lowell Street is located in the B2 Zoning District (Map 45, Lot 0013). 4. On August 21st, 2024, Matthew Centorino presented the plans to the Board. 5. Mathew Centorino stated that he has been operating his mobile boat service since 1986 and has been operating the boat service for twenty-seven years. He is seeking a Special Permit to continue to operate his boat service at 2 Lowell Street. 6. Mr. Centorino stated that he has a lot of customers that are seeking his service and that he really hopes the Zoning Board approves his request for a Special Permit to continue to operate at 2 Lowell Street. 7. Nina Vyedin opened the meeting to public comment. 8. Cindy Jerzylo, 17 Bayview Avenue, Ward One City Councilor, stated she had concerns regarding Mr. Centorino conducting business at his residence. Ms. Jerzylo stated that she had received complaints that Mr. Centorino is working on the boat engines in the street without a permit to do the work. Furthermore, Ms. Jerzylo stated there are concerns regarding the gasoline and oil that is dripping onto the street and down into the sewer and eventually the ocean. In addition, City of Salem Board of Appeals September 9th, 2024 Page 2 of 4 she stated Mr. Centorino has been painting boats in the street in front of his residence at 2 Lowell Street. 9. Ms. Jerzylo stated that there is resident parking on Fort Avenue and there is not resident parking on Lowell Street and the parking of boats on Lowell Street is a concern for the residents regarding the limited parking available on Lowell Street. 10.Michael David Smith, 8 Driscoll Street, Peabody, MA, stated he works in Salem and that Mr. Centorino works on his boat and that he supports the petition. 11.Rosemary Bane Bogan, 4 Lowell Street, stated that she is Mr. Centorino’s neighbor, and she has concerns about the noise of the operation. She also has concerns about the gas and oil from the operation dripping onto the street. Ms. Bogan stated she also has concerns for the lack of parking due to boats being parked on the street. 12.Nina Vyedin noted that the Zoning Board had received public comment letters regarding the petition at 2 Lowell Street. 13.2 Lowell Street is located in the B2 Zoning District, where limited boat service is allowed with a Special Permit. 14.Voula Orfanos, Zoning Enforcement Officer, stated Mr. Centorino would need to let the Building Department know exactly what his proposal is for the operation. Once Mr. Centorino applies for the permit, he will need to submit plans for his operation that will be reviewed by the Salem Fire Department and the city’s Engineering Department. 15.Mr. Centorino stated that a building inspector has told him that he is not able to park or keep boats and the street. Mr. Centorino stated that he has stopped parking boats in the street. 16.Paul Viccia inquired what is the largest sized boat that he could fit at the site. Mr. Centorino stated that can fit a thirty-foot boat at the site. 17.Mr. Centorino stated that when he runs the boat engines, sometimes there is burning oil, however, he only runs the two-stroke engines for five minutes at a time and any incidental oil is part of the process. He stated that when he spoke with the Salem Fire Department, they told him that incidental oil is not a problem. 18.James Klien, 43 Bayview Avenue, stated he was in support of the petition. 19.Mr. Centorino stated that without the Special Permit he will continue to lose money due to the lack of income from not operating the business. 20.The Board discussed a special condition for the petition, however, the board decided that enforcement against working on boats in the street comes from the city and it is against the law and the petition did not need a special condition. 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: City of Salem Board of Appeals September 9th, 2024 Page 3 of 4 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 will provide economic and community needs. 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: there will be no impact on the city tax base. 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 Carly McClain)) and none (0) opposed to grant MATT CENTORINO at 2 LOWELL STREET a Special Permit per Section 3.1.2 Special Permit: Zoning Board of Appeals to operate a limited boat repair service on site and in the petitioner’s garage, 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. A Certificate of Occupancy is to be obtained. 5. A Certificate of Inspection is to be obtained. City of Salem Board of Appeals September 9th, 2024 Page 4 of 4 6. Petitioner is to obtain approval from any city board or commission having jurisdiction including, but not limited to, the Planning Board. 7. Petitioner shall schedule Assessing Department inspections of the property, at least annually, prior to project completion and a final inspection upon project completion. __________________________ 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.