Loading...
BOA_218-222_HIGHLAND_AVE_DECISION_(STAMPED) "v CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS 98 WASHINGTON STREET♦SALEM,MASSACHUSETTS 01970 KIMBERLEY DRiscoLL TEL:978-619-5685 ►�, MAYOR September 1, 2021 Decision �. City of Salem Board of Appeals C/7_,XZ 3 Petition of KEITH REGAN for a special permit per Section 3.3.2 Nonconfotrning Uses OV the Salem Zoning Ordinance to change from one nonconforming use (light manufacturing) to another nonconforming use (plumbing supply business) at 218-222 HIGHLAND. AVENUE (Map 8, Lot 124) (R1,B2, and RC Zoning Districts). A public hearing on the above petition was opened on August 18,2021,pursuant to M.G.L Ch. 40A, 5 11,and closed on that date with the following board members present:Mike Duffy(Chair), Paul Viccica,Rosa Ordaz,Carly McClain,and Steven Smalley (Alternate).Peter Copelas was absent. The petitioner seeks a special permit per Section 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance to change from one nonconforming use (light manufacturing) to another nonconforming use (plumbing supply business) at 218-222 Highland Avenue. Statements of Fact: 1. In the petition date-stamped June 22,2021,the petitioner requested a special permit per Section 3.3.2. of the Zoning Ordinance to,"change the use of the property from one non- conforming use to another non-conforming use". 2. 218-222 Highland Avenue is owned by Berman Properties,LLC. 3. 218-222 Highland Avenue is a ±36,141 square foot commercial building in the Residential Single-Family (R1),Business Highway (132),and Residential Conservation (RC) zoning districts.The petition form submitted with the original application described the existing property use as,"Formulation,bottling and distribution of liquid products for personal,pet and homecare". This is an existing nonconforming use in all the above zoning districts. 4. The proposal is to change from one nonconforming use (light manufacturing) to another nonconforming use (plumbing supply business). 5. The requested relief,if granted,would allow the petitioner to operate a plumbing supply business at 218-222 Highland Avenue 6. Due to the ongoing COVID-19 pandemic and related precautions and An Act Extending Certain COVID-19 Measures Adopted During the State of Emergency signed into law by City of Salem Board of Appeals September 1,2021 Project:218-222 Highland Avenue Page 2of4 Governor Baker on June 16,2021,the August 18,2021,meeting of the Board of Appeals was held remotely,via the online platform Zoom. 7. At the August 18,2021,public hearing the petitioner was represented by attorney Scott Grover(office at 27 Congress Street,Suite 414,Salem,MA). Mr. Grover discussed the proposal,noting that there are no proposed changes to the existing building. Mr. Grover stated the petitioner owns a plumbing supply business and is seeking to relocate the operation in to the soon-to-be vacant 218-222 Highland Avenue commercial building. Mr. Grover stated that the proposed plumbing supply use is less detrimental than the existing legally nonconforming light manufacturing use.Mr. Grover stated that the existing tenant at 218-222 Highland Avenue employs nearly sixty (60) employees while the proposed plumbing supply business,Reagan Mechanical,will employ only six (6) employees.He stated that the existing tenant receives deliveries by tractor trailers as frequently as five (5) to ten (10) times per day,while the proposed plumbing supply business would receive deliveries by box truck two (2) to three (3) times per week. Mr. Grover also noted that the proposed use will have shorter business hours than the existing use. 8. At the August 18,2021,public hearing,board member Paul Viccica asked the petitioner and representative to describe the proposed hours of operation. Mr. Grover and the petitioner, Mr. Regan,stated that the plumbing supply business operating hours would be 7:00am to 3:OOpm Monday through Friday,which they noted would be shorter than the current tenant's hours which are typically 7:OOam to 6:OOpm. 9. At the August 18,2021,public hearing the petitioner Keith Regan stated that the proposed use is not manufacturing or retail. Mr. Regan stated they would use 218-222 Highland Avenue to store their tools and materials and would ship them out to their work sites two (2) or three (3) times a week. 10. At the August 18,2021,public hearing, no (0) members of the public spoke in favor of or in opposition to the petition. 11. At the August 18,2021,public hearing, the Board discussed the proposal. Chair Duffy noted that Mr. Grover spoke to all the criteria for a special permit. Chair Duffy stated that the proposed use seems to be less detrimental than the existing use. Chair Duffy discussed how the proposal meets the criteria for special permit(as noted below). 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 proposed modifications will not be substantially more detrimental than the existing nonconforming structure to the neighborhood: City of Salem Board of Appeals September 1,2021 Project:218-222 Highland Avenue Page 3 of 4 1. Social,economic, or community needs are served by this proposal. The proposal would keep two active successful businesses in Salem. 2. Traffic flow and safety, including parking and loading: No impact is expected. The proposal may improve traffic flow and safety by decreasing traffic and parking demands. 3. Adequate utilities and other public services already service the structure. The proposal seems that it would have less demand on utilities than the existing use. 4. Impacts on the natural environment,including drainage:No negative impact is expected;there are no changes proposed to the exterior of the existing structure. 5. Neighborhood character: The project is in keeping with the neighborhood character. There are no changes proposed to the exterior of the house. 6. Potential fiscal impact,including impact on City tax base and employment:There is a potential positive fiscal impact, including enhancing the City's tax base by retaining two successful businesses and employers in Salem. On the basis of the above statements of fact and findings,the Salem Board of Appeals voted five (5) in favor(Rosa Ordaz,Carly McClain,Steven Smalley,Carly McClain,and Mike Duffy(Chair)) and none (0) opposed to grant to Keith Regan a special permit per Section 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance to change from one nonconforming use (light manufacturing) to another nonconforming use(plumbing supply business)at 218-222 Highland Avenue,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. 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. City of Salem Board of Appeals September 1,2021 Project:218-222 Highland Avenue Page 4of4 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. 10. All construction shall be done per the plans and dimensions, submitted to and approved by this Board,as amended.Any modification to the plans and dimensions must be approved by the Board of Appeals,unless such change has been deemed a minor field change by the Building Commissioner in consultation with the Chair of the Board of Appeals. 714-� Mike Duffy, r 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.