15 Crosby Street Certified Decision I
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R CITY OF SALEM, MASSACHUSETTS
e ZONING BOARD OF APPEALS
g� r 98 WASHINGTON STREET♦ SALEM,MAS5ACHUSETTS 01970 cQ.a
DOMINICK PANGALLO TEL.978-619-5685
MAYOR
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1111111111111111111111111111111111 April 29, 2025
Southern Essex District Registry
05/20/2025 12:14 PM VAR Pg 119 Decision �o
ID: 1425293 Doc:658742(91043) '
City of Salem Zoning Board of Appeals G,
The petition of MICHAEL BECKER at 15 CROSBY STREET (Map 08, Lot 0044) (R1 Zoning District)
for a Variance per Section 4.1.1 Dimensional Requirements to subdivide an existing conforming
lot and construct a new single-family structure on the subdivided lot. The subdivision will
decrease the existing lot's area to 13,283 square feet where 15,000 square feet is required and
create a second 15,613 square foot lot. The second lot will have eleven (11) feet of frontage
where one hundred (100)feet is required.
On April 16, 2025, the following members of the Salem Zoning Board of Appeals were present:
Hannah Osthoff, Peter,Habib, Christa McGaha, Stephen Larrick, and Ellen Simpson. Nina Vyedin
was absent.
Statements of Fact:
The petition was date-stamped February 19, 2025.The petitioner sought approval from the
Zoning Board of Appeals to subdivide an existing conforming lot, decreasing its size to 13,283
square feet and creating a second lot with eleven (11) feet of frontage.
1. Michael Becker owned 15 Crosby Street.
2. Michael Becker was the petitioner.
3. Attorney Scott Grover was the representative for Michael Becker. Sanir Lutfija presented
from Seger Architects.
4. 15 Crosby Street is in the R1 Zoning District(Map 08, Lot 0044).
S. On April 16,2025,Attorney Scott Grover introduced plans displaying the proposed house
on 15 Crosby Street. He stated that Mr. Becker has gone to the Zoning Board multiple
times, yet that this matter is slightly different because the approval would allow Mr.
Becker to build a house for himself and his family. He noted that he asked Mr. Becker to
present the plans because it would be his house.
6. Michael Becker stated he is seeking relief for a property he has owned for eight(8)years,
which his family-seeks to use for their future occupancy. He introduced his wife and three
daughters. He stated his current house in Ward Four will not meet future accessibility
needs and his family would like to stay in the immediate area. He noted this proposed
house would meet his family's future needs.
City of Salem Zoning Board of Appeals
April 29, 202S
Page 2 of 8
7. Mr. Becker stated he would like to split an approximately twenty-eight thousand (28,000)
square foot lot in approximately half. He noted that both properties would be
substantially larger than typical lots on Verdon Street,Crosby Street,and Orleans Avenue.
He stated there are significant topographical challenges on the property, with a twenty
(20)foot difference between the elevation at the front and back lot lines. He pointed out
there are multiple ledge outcroppings on the property. He noted he has done significant
grading on the property over his eight(8)years of ownership to make the lot maintenance
more manageable.
8. Mr. Becker described that the property would conform to the Zoning Ordinance and be
set back from the street to minimize privacy issues between the adjacent neighbors.The
front of the house would be positioned to face Crosby Street. He stated they intend to
keep the landscape screening between the new house and the abutting neighbor to the
north, and that they plan on planting new arborvitaes.
9. Mr. Becker stated the proposed subdivision will correct numerous drainage issues. He
stated the new lot is shaped the way it is so the plateau on the southern side of the
property would be more usable yard space.The back lot area would be the same elevation
as the walkout space on the new house. He noted that the grade along the back property
line is one (1)story lower than the back of the existing house.
10. Mr. Becker outlined how he intends to address on-site stormwater runoff. He stated that
current stormwater runs into existing city stormwater facilities, creating a large sheet of
ice on the corner of Crosby and Verdon Street during cold months. He noted there would
be a mutually shared driveway with a shared route for access, referencing plans
submitted by Seger Architects. Mr. Becker stated he spoke with the City Councillor,John
Harvey, who supports the project. Mr. Becker noted he has knocked on the doors of
abutters,and submitted a petition signed by neighbors in support of the proposal.
11. Attorney Scott Grover stated the required reliefs would be limited.The property, located
in the R1 Zoning District,required a minimum lot area of fifteen thousand(15,000)square
feet per lot and one hundred (100) feet of frontage. He showed that the proposed
subdivision would create a 15,002 square foot lot, labeled Lot B on the presented site
plan. Mr. Grover additionally noted Lot B would contain the new zoning-compliant
building.
12. Mr. Grover added that the second previously existing lot, labeled Lot A on the presented
site plan,would be 13,283 square feet. He noted Lot A would require a variance from the
fifteen thousand (15,000) square foot lot area requirement.
13. Mr.Grover described how a second variance would be required for the new lot, Lot B. He
stated that there is one-hundred-and-eleven (111) feet of frontage along Crosby Street
and that the existing Lot A would comply with one hundred (100) feet of frontage. He
added the petition requires a more significant frontage variance of eleven (11) feet for
Lot B.
14. Mr. Grover stated that three separate grounds must be met for the Board to grant relief
for the two proposed variances. He explained the three grounds affecting the lot:
City of Salem Zoning Board of Appeals
April 29, 2025
Page 3 of 8
1) The existing lot was larger than most other lots in the area. Mr. Grover showed an
Assessor's map, indicating that. the lot is significantly larger than other lots in the
neighborhood. Additionally, Mr. Grover displayed a chart showing that 15 Crosby
Street was at least twice (2x) the size of most lots in the area, and in several cases,
three times (3x)the size of most other lots.
2) The grade on this property varied significantly: Mr. Grover stated the elevation
changes so significantly that it renders a large portion of the site unusable.Mr.Grover
displayed a Google Earth map showing 15 Crosby Street's boundaries extending into
the gulley past the relatively flat area on the property. He stated the area is unusable
under current conditions.
3) A sixty(60)foot property easement ran from the end of Verdon Street to the abutting
property, meaning the property can be more easily accessed than without the
easement! Mr. Grover stated the easement affects how the property can be
developed.
15. Mr.Grover stated that if the zoning ordinance were literally enforced,literal enforcement
would allow only one single-family house on a relatively large lot. He noted that the three
conditions render so much of the lot unusable that it creates a hardship for the petitioner.
He said allowing a new lot would provide an economic basis for physical improvements
necessary to make this large lot functional.
16. Mr.Grover noted the variances would not negate the intent of the Zoning Ordinance,and
lot improvements would improve neighborhood quality, fulfilling the third condition. He
stated the two new lots would be bigger than most lots in the neighborhood, and lot
improvements would improve neighborhood quality. Thus,the proposed changes would
not be detrimental to the public good.
17. Mr. Grover stated Mr. Becker will make improvements to drainage and icing conditions
on the corner of Verdon Street and Crosby Street, creating a public benefit.He also noted
that the building is intended to be totally compliant with the Zoning Ordinance, and that
elevation plans were submitted as a courtesy to the Board.
18. Acting Chair Osthoff asked the petitioner to walk the Board through the building
elevations.
19. Sanir Lutfija stated they removed the dormers shown on previous versions of 'the
elevation plan so the house would be less dominant. He noted Mr. Becker and his family
chose a Colonial-style house. He described the house as having six-over-six windows,
composite siding,and a garage placed at the backside of the house due to property grade
changes.
20. Acting Chair Osthoff asked how many stories are on the house. She inquired if the use of
the third floor would constitute a third story.
21. Mr. Lutfija stated the house has a typical third floor with a roof. He noted the house would
fully comply with zoning guidelines because the third floor would be a half-story under
the Zoning Ordinance.
City of Salem Zoning Board of Appeals
f April 29, 2025
Page 4 of 8
22.Acting Chair Osthoff asked the petitioner to show the way the building steps down with
the property's elevation. She stated that, from her understanding, the property slopes
down near the back of the site.
23. Mr. Lutfija displayed an aerial view of Crosby Street, stating the front of the two-and-a-
half (2.5) story building will have a consolidated face and a turnaround for the garage
entrance on the other side. He described the basement as a typical walkout basement.
He stated there will be grading due to the hardship of the site. However, grading will be
minimal.
24.Acting Chair Osthoff asked why the petitioner chose a frontage of eleven (11)feet for Lot
B and one hundred (100) feet for Lot A rather than requesting a variance for frontage on
both lots.She described how the lot area of the two properties flips,where the previously
conforming Lot A becomes nonconforming, and Lot B becomes conforming. She asked
why the petitioner did not create two (2) lots with less than one hundred (100) feet of
frontage that would better conform with the neighborhood.
25. Mr. Becker stated the face of the preexisting house is situated sideways to the Street,
with the lot requiring access to where the cul-de-sac is located. He noted that the existing
driveway, while a private drive, meets the spirit of the Zoning Ordinance because the
eleven (11)feet of frontage does not extend past the edge of the existing driveway.
26. Mr. Grover noted the petition requires Planning Board approval under a subdivision plan,
which considers factors like adequate access.
27. Mr. Larrick stated the request seemed reasonable and that the hardship was well
articulated. He asked the applicant to describe site setbacks to ensure the setbacks meet
Zoning Ordinance requirements.
28. Mr.Grover stated the plot plan meets the setback requirements of the Zoning Ordinance.
Mr.Grover described how the plans provided a setback often (10)feet and nine(9)inches
along Lot B's side property line where ten (10) feet is required. He noted Lot B's rear
setback would be fifty-two(52)feet and two (2) inches where thirty(30)feet is required.
Mr. Grover said Lot B's front setback would be significantly greater than the fifteen (15)
feet required. He stated the existing house on Lot A is exactly thirty (30)feet from the
back of the proposed property line, and the side setback would be exactly ten (10) feet
where ten (10)feet is required. He noted the front setbacks of sixty-one (61)feet and side
setbacks of thirty-four(34)feet,two (2) inches would be greater than required under the
Zoning Ordinance.
29. Mr. Grover stated that if the Building Commissioner had a different interpretation of the
setbacks,they would come back to the Zoning Board.
30. Mr. Larrick asked about efforts made to address abutting neighbors' privacy concerns.
31.-Mr. Lutfija stated they placed the house at the back of the property to minimize privacy
intrusions. Mr. Lutfija noted Mike Becker plans on adding additional arborvitaes along 22
Verdon Street's northeast lot line. Mr. Lutfija displayed a rendering of 15 Crosby Street,
showing the new house will be one hundred (100) feet from the house at 22 Verdon
Street. He stated the existing house is eighty-five (85) feet and six (6) inches from the
house at 22 Verdon Street.
City of Salem Zoning Board of Appeals
April 29, 2025
Page 5 of 8 .
32. Ms.Simpson asked if the driveway was a private way because if the road were a driveway,
another easement would be needed.
33. Mr. Grover clarified thatthe driveway is not a private way and that there would likely be
a cross-easement for the new house.This cross-easement would allow residents on Lot A
and Lot B to access the entire driveway.
34. Ms. Simpson stated she believes the house is nicely set back from the neighbor who sent
the letter from 22 Verdon Street. She noted she liked that Mr. Becker intended to leave
the existing trees and plant new trees. Mr.Simpson suggested creating a special condition
to create the understanding that the trees will stay during construction.
35. Mr. Grover stated he believes it would be appropriate to include a special condition
protecting the existing trees during construction.
36. Mr.Becker stated he met with the neighbor multiple times to discuss landscaping. He said
the abutter asked him to keep the screening. He stated he would plant arborvitaes along
the proposed hammerhead driveway and add additional arborvitaes along the northeast
property line as allowed by topography.
37. Ms. McGaha asked about the existing easement's function because the Statement of
Hardship stated the sixty(60)foot easement was created to allow access to abutting land.
She additionally asked whether the proposed house would block access to abutting land.
38. Mr. Grover stated he could not legally disrupt the access the easement (extending from
the southeast to northwest of 15 Crosby Street up to the front of the property)provides.
He said the proposed house would not disrupt the easement because the house is located
fully beyond the easement's boundaries. Mr. Grover noted the petitioner can still use the
land the easement covers if they do not construct any improvements inhibiting access
within the easement area.
39. Acting Chair Osthoff asked the petitioner to show where the existing easement is on the
property. Mr. Lutfija showed the easement runs sixty (60) feet parallel to the property
line along 22 Verdon Street.
40. Mr. Grover stated the grading improvements on the property will make the site more
accessible than under current conditions.
41. Mr. Habib stated it makes more sense to run the lot line down the center of the driveway.
He noted that while it would create a more difficult request due to both Lot A and Lot B
requiring variances, having eleven (11) feet of frontage seems too small despite the
shared space. Mr. Habib asked if the petitioner considered preserving the fifteen
thousand (15,000) square feet of lot area for Lot A to keep the lot conforming. He noted
this could be achieved by giving the back area of Lot B to Lot A.
42. Mr. Becker stated the area dedicated to Lot B along the back part of 15 Crosby Street is
eight (8) feet lower than the backside of the existing house. He said his family would
access the relatively flat thirty (30) foot by one-hundred-twenty (120) foot lawn by:
walking out the backside of the house.
43. Mr. Habib asked if the petitioner would add a retaining wall along Lot A's property line.
44. Mr.Becker stated current plans would add a fence and retaining wall that continues down
the back of Lot A's property line. He said the grade drops down as you walk back to the
edge of 15 Crosby Street.
City of Salem Zoning Board of Appeals
{ April 29, 2025
Page 6 of 8
45. Mr.Grover stated one of the lots necessarily had to be ever-so-slightly non-compliant. He
additionally noted the frontage for Lot A is one hundred (100) feet because it is better
practice to request fewer variances.
46. Mr. Habib asked who currently lives in the existing house.
47. Mr. Becker stated that the current tenant has lived in the house for five or six years. He
said that he cleaned up the property since purchasing it, and the neighbor to the north
appreciated the property being cleaned up.
48. Mr. Larrick asked if the wetlands area overlaps with 15 Crosby Street and if the proposal
would adversely impact the wetlands.
49. Mr. Becker stated that he delineated the wetlands on 296 Highland Avenue five or six
years ago. He said there are no wetlands on the property, and the property is not within
the one hundred (100)foot wetlands buffer zone.
50. Mr. Lutfija stated the building is well away from the one hundred (100) foot buffer area.
51. Ms.Simpson asked what fits the criteria for a two-and-a-half(2.5)or three(3)story house.
52. Mr. Grover stated that the Zoning Ordinance defines a half-story as"a story under a gable
or gambrel roof, the wall plates of which on at least two opposite exterior walls are not
more than two (2)feet above the floor of such story." Mr. Grover said that the third floor
is half (0.5) of a story if the knee walls are not greater than two (2) feet. Mr. Lutfija
elaborated that dormers are included in that definition if their knee walls are greater than
two (2)feet.
53. Acting Chair Osthoff said there are no shed dormers or points where the roof has a chance
to create a wall greater than two-and-a-half(2.5) stories. Mr. Larrick agreed with Acting
Chair Osthoff's interpretation.
54. Mr. Habib stated he appreciates no dormers being placed on the third floor,so the house
looks like a two (2) story building.
55. Acting Chair Osthoff opened the meeting for public comment.
56. Millie Becker, mother of Mike Becker, stated she uses a wheelchair due to a disability
diagnosed in 1989.She said she hopes to live in an accessible'house with her family rather
than a nursing home.
57. Mr. Habib stated he is concerned that the houses are twenty-two (22) feet away from
each other. He asked if the petitioner would be able to preserve the tree between the
two houses as seen in the Aerial View Plan.
58. Mr. Becker stated he intends to preserve the ornamental tree between Lot A and Lot B.
59. Mr. Grover noted that he would have to resolve the easements between Lot A and Lot B
as a legal matter. He said the Board would not need to create a special condition.
60. Acting Chair Osthoff asked if the petitioner would be willing to entertain a special
condition to maintain the driveway easement.
61. Mr. Becker and Mr. Grover stated that they would not be opposed because they must
maintain the easement.
62. Mr. Larrick stated he would be happy to condition a shared easement so there is
effectively a wider frontage.
City of Salem Zoning Board of Appeals
Y April 29, 2025
Page 7 of 8
63. Staff Planner Brennan Postich proposed wording for a special condition:the existing trees
along the northeast property line abutting 22 Verdon Street shall be protected during
construction.
64. Staff Planner Brennan Postich proposed wording for a special condition: the petitioner
shall establish a reciprocal easement on the proposed driveway to provide access to both
proposed lots on the corner of Crosby and Verdon Street.
65. Mr. Larrick motioned to approve the petition, with the special conditions proposed by
Staff Planner Brennan Postich.
Based on the above statements of fact and findings, the Salem Zoning Board of Appeals voted
fide (5)in favor, (Hannah Osthoff(Acting Chair),Peter Habib,Christa McGaha, Stephen Larrick,
and Ellen Simpson)and zero(0)opposed,to grant Michael Becker at 15 Crosby Street a Variance
per Section 4.1.1 Dimensional Requirements to subdivide an existing conforming lot and
construct a new single-family structure on the subdivided lot.The subdivision will decrease the
existing lot's area to 13,283 square feet where 15,000 square feet is required and create a second
15,013 square foot lot.The second lot will have eleven (11)feet of frontage where one hundred
(100)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. Exterior finishes of the new construction shall be in harmony with the existing structure.
6. A Certificate of Occupancy is to be obtained.
7. A Certificate of Inspection is to be obtained.
8. Petitioner is to obtain approval from any city board or commission having jurisdiction
including, but not limited to, the Planning Board.
9. 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.
10. 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.
11. 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
City of Salem Zoning Board of Appeals
April 29, 2025
Page 8of8
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.
12. 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 existing trees along the northeast property line abutting 22 Verdon Street shall be
protected during construction.
2. The petitioner shall establish a reciprocal easement on the proposed driveway to
provide access to both proposed lots on the corner of Crosby and Verdon Street.
Hannah 0sthoff,Acting Chair
Zoning 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.
DateMAY 19 2025
, 1
hereby certify,-that.20 days have
expired from'Jhe date this instrument '
was received, and that NO,APPEAL
has been filed in this office.
A True Copy
ATTEST: CIT �CLERK, Salem, Mass.
Document:658742
VAR
Southern Essex District ROD
RECEIVED FOR REGISTRATION
On:05/20/2025 12:14 PM
Noted on Cert:91043 Book:544