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33-37 Osborne Street ZBA Final Decision DOMINICK PANGALLO MAYOR CITY OF SALEM ZONING BOARD OF APPEALS CITY HALL ANNEX 2ND FLOOR, 98 WASHINGTON STREET SALEM MA 01970 April 27, 2026 Decision City of Salem Zoning Board of Appeals The petition of JUSTIN COOK at 33-37 OSBORNE STREET (Map 27, Lot 0426) (R2 Zoning District) for a Special Permit per Section 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance to replace a nonconforming heavy industrial use with a nonconforming first-floor automobile storage facility and second-floor business office use. The proposal would clear the existing site and construct a new two-story structure in compliance with dimensional and parking requirements. A public hearing on the above petition was opened March 18, 2026, pursuant to M.G.L Ch. 40A, § 11, was continued to April 15, 2026, and was closed on April 15, 2026. On March 18, 2026, the following members of the Salem Zoning Board of Appeals were present: Nina Vyedin (Chair), Christa McGaha, Hannah Osthoff, Peter Habib, Elena Eimert, and Ellen Simpson. Stephen Larrick was absent. On April 15, 2026, the following members of the Salem Zoning Board of Appeals were present: Nina Vyedin (Chair), Christa McGaha, Peter Habib, Elena Eimert, and Ellen Simpson. Hannah Osthoff and Stephen Larrick were absent. Statements of Fact: 1. In the petition date-stamped February 18, 2026, the petitioner requests a Special Permit per Section 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance. 2. E. McGrath, Inc., owns 33-37 Osborne Street. Justin Cook is the petitioner. Attorney William F. Quinn presents on March 18, 2026, and April 15, 2026. 3. 33-37 Osborne Street is in the R2 Zoning District (Map 27, Lot 0426). 4. The plot plan dated January 17, 2024, by the North Shore Survey Corporation provides a dimensional table stating the following property dimensions: City of Salem Zoning Board of Appeals April 27, 2026 Page 2 of 4 Required Existing Proposed Lot Area 15,000 [square feet] 26,891 [square feet] 26,891 [square feet] Lot Frontage 100 [feet] 280.00’ 280.00’ Front [Setback] 15 [feet] 0’± 15.2’± Side [Setback] 10 [feet] 9’± 50.1’± Rear [Setback] 30 [feet] 2’± 30.7’± Lot Coverage 35% 35.8% 34.9% Bldg. Height 35 [feet] 23.5’± 35’ 5. On March 18, 2026, the Board requests to continue the petition to the April 15, 2026 meeting to allow for additional time to hear the petition. The representative consents to the continuance request. 6. The City receives zero public comments on the proposal before or at the March 18, 2026 public hearing. 7. At the March 18, 2026 meeting of the Zoning Board of Appeals, the Board votes five in favor (Christa McGaha, Hannah Osthoff, Peter Habib, Elena Eimert, and Nina Vyedin (Chair)) and zero opposed to continue the hearing to the regular meeting scheduled on April 15, 2026. 8. On April 7, 2026, the Applicant submits a revised plot plan and dimensional table reflecting an existing and proposed 208-foot lot frontage, and an existing 28.6-foot building height. The revised plot plan reduced the number of proposed parking spaces on the property from 26 parking spaces to 16 parking spaces. The revision did not change the building and property dimensions shown on the originally submitted plot plan. 9. At the April 15, 2026 public meeting, Board member Christa McGaha recuses herself from voting on the petition. 10. The City receives zero public comments on the proposal before the April 15, 2026 public hearing. Two members of the public comment on the proposal at the public hearing. The members offering comment at the hearing are: Kenneth and Patricia King, 18 Walter Street; and Councillor Kayelyn Holappa (no address provided). The Salem Zoning Board of Appeals, after carefully considering the evidence presented at the public hearings, and thoroughly reviewing the petition, 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 change or extension of the use will not be substantially more detrimental than the existing nonconforming use to the neighborhood and that the new proposed use is less detrimental than the existing nonconforming use. 1. The proposal minimally affects community needs. The proposal replaces an active industrial use with a predominantly private car storage facility. City of Salem Zoning Board of Appeals April 27, 2026 Page 3 of 4 2. The proposal positively affects traffic flow and safety. The Applicant provides sixteen parking spaces where sixteen spaces are required by the Salem Zoning Ordinance. The proposal requests a less intensive use than an active commercial facility. 3. The proposal minimally affects utilities and other public services. The adequate utilities and other public services already serve the structure. 4. The proposal has positive impacts on neighborhood character compared to the previous use. The proposal reduces noise and pollution while increasing the distance between buildings on the lot and buildings on abutting properties. 5. The proposal has minimal impacts on the natural environment, including greenhouse gas emissions and view. The proposal requests a taller building yet provides landscaping to screen the proposed use. 6. The proposal has a positive potential economic and fiscal impact, including impacts on the City’s services, tax base, and employment. The proposal will increase the property’s tax base while providing a small employment benefit. Based on the above statements of fact and findings, the Salem Zoning Board of Appeals voted four in favor, (Elena Eimert, Ellen Simpson, Nina Vyedin (Chair), and Peter Habib) and zero opposed, to grant Justin Cook at 33-37 Osborne Street (Map 27, Lot 0426) (R2 Zoning District) a Special Permit per Section 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance to replace a nonconforming heavy industrial use with a nonconforming first-floor automobile storage facility and second-floor business office use. The proposal will clear the existing site and construct a new two-story structure in compliance with dimensional and parking requirements. 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. 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. City of Salem Zoning Board of Appeals April 27, 2026 Page 4 of 4 10. 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. 11. 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 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 Southern Essex Registry of Deeds.