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16 Loring Avenue DRAFT decision 6.12.24July 1, 2024 Decision City of Salem Board of Appeals The petition of WILLIAM F. QUINN f/b/o SANDRA S. POWER, TRUSTEE at 16 LORING AVENUE (Map 32, Lot 88) (R2 Zoning District), for a Special Permit per Section 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance to add an additional dwelling unit on the second floor to convert the five (5) family dwelling into a six (6) family dwelling. The petitioner is also seeking a variance from Section 4.1.1 Dimensional Requirements for lot area per dwelling unit.  The existing nonconforming five (5) family home has approx. 3,400 sq. ft per dwelling unit.  The proposed six (6) family dwelling would have approx. 2,833 sq. ft per dwelling unit.  In the R2, 7,500 sq. ft. per dwelling unit is required.  A public hearing on the above petition was opened on June 12, 2024, pursuant to M.G.L Ch. 40A, § 11 and was closed on June 12, 2024.     On June 12, 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 May 21, 2024. The Petitioner seeks the Board of Appeals approval to add an additional dwelling unit at 16 Loring Avenue. This brings the total dwelling unit count from five to six units. 16 Loring Avenue is owned by Sandra S. Power, Trustee of the Walter B. Power III Trust. The petitioner and representative was William F. Quinn. 16 Loring Avenue is located in the R2 Zoning District (Map 32, Lot 88). On June 12, 2024, Bill Quinn presented plans to the board. In May of 2022, the same requested relief was granted by the Board of Appeals. The Petitioner has returned to the Board of Appeals in 2024 due to the variance and special permit having lapsed. The request for relief is the same as the granted relief in 2022. Attorney Quinn stated that in 1976, Walter Power received Board of Appeals approval to subdivide the second-floor unit into two (2) units to create the fifth (5th) unit. The request for relief is to add a sixth (6th) unit to the building. Nine parking spaces will be provided. No relief is needed for parking. The request is to subdivide a portion of the second floor into two (2) units to create the sixth (6th) unit for the building. Attorney Quinn stated that the reason for the request is Ms. Powers would like to continue to live at 16 Loring Avenue. The cost to maintain the property is very expensive. The income from the proposed additional unit will assist Ms. Powers in improving and maintaining the property. Attorney Quinn stated that there will be a stairway at the rear of the property to provide access and egress for the second (2nd) and third (3rd) floors. Attorney Quinn reviewed the submitted Statement of Grounds and Statement of Hardship for the board. There were no submitted written comments. The meeting was opened to public comment. Justin Haggerty, 20 Loring Avenue, Unit 1, expressed his concern with the additional weight from the proposed unit to the retaining wall adjacent to his property. He stated that there are multiple cracks in the wall. Attorney Quinn stated that the Building Department would be inspecting the property and would determine if work on the retaining walls is required. 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: Social, economic, or community needs are served by this proposal: the proposal meets the community needs by adding an additional dwelling unit to Salem’s housing stock that is up to building codes and standards. Traffic flow and safety, including parking and loading: the applicant provides legal and adequate parking for nine vehicles at the site. Adequacy of utilities and other public services: the necessary municipal utilities that serve the housing units will also serve the new unit. Impacts on the natural environment, including drainage: there will be no impact on the natural environment. Neighborhood character: the project is in keeping with the neighborhood character. Potential fiscal impact, including impact on city tax base and employment: there will be a positive financial impact of the city tax base by the additional unit. Variance Findings:  Special conditions and circumstances especially affect the land, building, or structure involved, generally not affecting other lands, buildings, and structures in the same district: the parcel is twice as large as the surrounding parcels. The land goes all the way to Charles Street and then drops off precipitously. There is an underground five-car garage that makes access to the site nearly impossible. Literal enforcement of the provisions of the ordinance would involve substantial hardship to the Applicant in attempting to put the property to productive use: the condition of the soils and the retaining walls cause the applicant to incur additional expenses to control drainage. Desirable relief may be granted without substantial detriment to the public good, and without nullifying or substantially derogating from the intent of the district or the purpose of the ordinance: the existence, maintenance and historical relevance of the property improves the character of the neighborhood. 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 grant WILLIAM F. QUINN f/b/o SANDRA S. POWER, TRUSTEE a Special Permit per Section 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance to add an additional dwelling unit to convert the five (5) family dwelling into a six (6) family dwelling. In addition, a variance from Section 4.1.1 Dimensional Requirements for lot area per dwelling unit, subject to the following terms, conditions and safeguards: Standard Conditions: Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. Petitioner shall obtain a building permit prior to beginning any construction. Exterior finishes of the new construction shall be in harmony with the existing structure. A Certificate of Occupancy shall be obtained. A Certificate of Inspection shall be obtained. Petitioner shall obtain approval from any city board or commission having jurisdiction including, but not limited to, the Planning Board. Petitioner shall obtain street numbering from the City of Salem Assessor’s Office and shall display said number so as to be visible from the street. 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. 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. 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.