BOA_11 Hersey Street - Decision (Certified) COUNT x
CITY OF SALEM, MASSACHUSETTS
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BOARD OF APPEALS
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98 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970
TEL:978-619-5685 a
KIMBERLEY DRISCOLL ^�
MAYOR C")
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February 2, 2021
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Decision 3
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City of Salem Board of Appeals Ca
Petition of JAMES FLYNN and SAM ALLEN to remove an owner occupancy requirement
for the three-family dwelling at 11 HERSEY STREET (Map 33,Lot 30) (R2 Zoning
District).
A public hearing on the above Petition was opened on January 20,2021 pursuant to M.G.L Ch.
40A, § 11 and closed on that date with the following Zoning Board of Appeals members present:
Mike Duffy (Chair),Rosa Ordaz,Paul Viccica, Carly McClain (Alternate), and Steven Smalley
(Alternate).
The petitioner is requesting an amendment to a previously issued decision of the Board of Appeals to
remove the owner occupancy requirement of the special permit.
Statements of Fact:
1. In the petition date-stamped December 3, 2020, the petitioner requested an amendment to a
previously issued decision of the Board of Appeals dated March 20, 1985, to remove the
owner occupancy requirement of the special permit.
2. 11 Hersey Street is owned by the petitioners,James Flynn and Sam Allen.
3. 11 Hersey Street is a three-family dwelling in the Residential Two-Family (1 2) zoning
district.
4. The requested relief,if granted,would allow the petitioners to own the property without
occupying it.
5. Due to the ongoing COVID-19 pandemic and related precautions and Governor Baker's
March 12,2020 Order Suspending Certain Provisions of the Open Meeting Law, G.L. c.
30A, §18, and the Governor's March 15, 2020 Order imposing strict limitations on the
number of people that may gather in one place, the January 20,2021 meeting of the Board
of Appeals was held remotely,via the online platform Zoom.
6. At the January 20, 2021 public hearing, petitioner Sam Allen presented the petition.
7. A previous owner of 11 Hersey Street was granted a special permit dated March 20, 1985 to
allow the continued use as a three-family dwelling subject to a special condition that the
property must be owner occupied.
City of Salem Board of Appeals
February 1,2021
Project: 11 Hersey Street
Page 2 of 3
8. At the November 18, 2020 public hearing, Rosa Ordaz asked if 11 Hersey Street was a short-
term rental or a long-term rental. Mr.Allen responded that the property is not used for
short-term rental.
9. At the January 20,2021 public hearing one member of the public, Pam McGee, spoke about
the application. Pam McGee stated that she was involved in the Zoning Board of Appeals
application for 80 Ocean Avenue. Ms. McGee described how the decision, dated August 29,
2018, removed the owner occupancy requirement of a previous special permit. Ms.McGee
described that City Solicitor,Beth Rennard, had provided an opinion that in the words of
Ms. McGee stated: "limitation to ownership related to owner occupancy is not permissible
by the City". Ms. McGee believes this application to be a formality. She also stated that there
are two three-family dwellings across the street from 11 Hersey Street. No (0) members of
the public spoke in favor or in opposition to the proposal.
10. At the January 20,2021 public hearing, Chair Duffy stated the proposal is a request for an
amendment to conditions of an existing special permit, not a new special permit. Mr. Duffy
stated it was appropriate to consider whether allowing the relief would create a condition
that is substantially more detrimental than the existing use. Mr. Duffy expressed his opinion
that the relief would not be substantially more detrimental than the existing use. Mr. Duffy
discussed how the proposal would not change the density of the use, and the only change
would be who is occupying the unit. He noted that there is a need for suitable housing and
affordable housing to allow people to live and work in the city of Salem. Mr.Duffy
expressed that it would be bad policy to constrain these owners from continuing to own a
property that they would let out to renters. Mr. Viccica expressed agreement.
On the basis of the above statements of fact and findings, the Salem Board of Appeals voted five (5)
in favor (Steven Smalley,Rosa Ordaz, Carly McClain,Mike Duffy (Chair),and Paul Viccica) and
none (0) opposed to allow James Flynn and Sam Allen to amend a previously issued decision of
the Board of Appeals dated March 20, 1985, to remove the owner occupancy requirement of the
special permit subject to the following terms,conditions, and safeguards:
Condition:
1. All other previous conditions remain unaltered.
Mike Duffy, ,
Board of Appeals
City of Salem Board of Appeals
February 1,2021
Project: 11 Hersey Street
Page 3 of 3
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.
Date F EB 2 6 2021
1 hereby certifv that 20 days have
expired fror-i the cafe 'his instrument
was received, and that NO APPEAL
has been filed in this office,
A True Copy--,— �"IV___ 2�(42�
ATTEST: C CLERK, Salem, Mass.