boa_24_lynde_street_-_stamped_decision 1.30.2019 CITY OF SALEM MASSACHUSETTS -
19 JAN 30 Ph s [19
BOARD OF AP PEA ,
98 WASHINGTON STREET♦SALEM,MASSACHUSETTS 0 (, '
KIMBERLEY DRISCOLL TEL:978-745-9595
MAYOR
January 30, 2019
Decision
City of Salem Board of Appeals
Petition of DAVID PABICH for a special permit per Section 15-6 (d) of the Salem Code of
Ordinances to allow the continued operation of two non-owner occupied short-term rental units hi
the seven-unit residential building at 24 LYNDE STREET (Map 26,Lot 428) (B5 Zoning District).
A public hearing on the above Petition was opened on January 16,2019 pursuant to M.G.L Ch. 40A,§ 11 and
closed on that date with the following Salem Board of Appeals members present: Mike Duffy (Chair),Peter
A. Copelas,Jimmi Heiserman,Patrick Shea,and Jimmy Tsitsinos.
The Petitioner seeks a special permit per Section 15-6 (d) of the Salem Code of Ordinances to allow the
continued operation of non-owner occupied short-term rentals. 24 Lynde Street is a seven-unit residential
building at which two non-owner occupied short-term rental units have operated, and the Petitioner is
seeking to continue this use by special permit, per the procedure set forth in Section 15-6 (d) of the Salem
Code of Ordinances.
Statements of Fact:
1. In the petition date-stamped November 28,2018,the Petitioner requested a special permit per Section
15-6 (d) of the Salem Code of Ordinances to allow the continued operation of non-owner occupied
short-term rentals. 24 Lynde Street is a seven-unit residential building at which two non-owner
occupied short-term rental units have operated,and the Petitioner is seeking to continue this use by
special permit,per the procedure set forth in Section 15-6 (d) of the Salem Code of Ordinances.
2. Petitioner David Pabich of Salem Renewal LLC presented the petition.
3. The property is a seven-unit multifamily residential building located in the Central Development(B5)
Zoning District.Two units at this property have operated as non-owner occupied short-term rental
units since May 2018.
4. Chapter 15 of the Salem Code of Ordinances,Short-Term Rental,was enacted by an amendment to the
Code of Ordinances that was approved by the Mayor on October 1,2018. Section 15-6 sets forth
Requirements for Short-Term Rental. Section 15-6 (d) Short-Term Rental of a Non-Owner Occupied Unit states,
in relevant part,that"An Operator may us his or her Non-Owner Occupied Unit as a Short-Term
Rental only if the Operator was engaged in the Short-Term Rental of the property as of the date this
Ordinance was filed with the Council and provided that the Operator obtains a Special Permit from
the Zoning Board of Appeals."The same Section states that"Qualifying Operators must petition for
a Special Permit within 60 days of the date of passage of this Ordinance in order to be eligible for this
exception."
5. Per the Statement of Grounds submitted with the application,the use of these two units as non-
owner occupied short-term rental units started in May 2018.This is before the ordinance allowing
short-term residential rentals in the City of Salem was filed on July 19,2018.
City of Salem Board of Appeals
January 30,2019
Project:24 Lynde Street
Page 2 of 4
6. As the above amendment was approved by the Mayor on October 1,2018,this application was timely
submitted and date-stamped in accordance with Section 15-6 (d).
7. Mr. Pabich submitted his petition per the process outlined in Section 15-6 (d) of the Salem Code of
Ordinances.
8. Section 3.0 Table of Prinoal and Accessory Uses of the Salem Zoning Ordinance was amended in 2018 to
include the new use of"Non-Owner Occupied Short-Term Rentals."Non-Owner Occupied Short-
Term Rentals are allowed by special permit from the Zoning Board of Appeals in the following
Zoning Districts:
• Residential Two-Family (R2);
• Residential Multifamily (R3);
• Business Neighborhood (131);
• Business Highway(B2);
• Business Wholesale&Automotive (B,:);
• Central Development (B5).
9. As noted above,the property is located in the Central Development (B5) zoning district.The Non-
Owner Occupied Short-Term Rentals use is allowed by special permit from the Zoning Board of
Appeals in this district.
10. The two units in question are used for"overflow business" from The Salem Inn,per the letter dated
November 27,2018 from Jennifer MacAllister of The Salem Inn(included with the application).
11. The requested relief,if granted,would allow the Petitioner to continue to operate two non-owner
occupied short-term rental units in the seven-unit residential building at 24 Lynde Street.
12. At the January 16,2019 public hearing,Petitioner David Pabich discussed the two units. Mr.Pabich
noted that Salem Renewal LLC,which owns these units,owns and operates more than 60 apartments
in the city. Mr.Pabich stated that they have operated two of the seven units at 24 Lynde Street as
short-term rental units in various different formats.Mr. Pabich stated that they have used various
units throughout their portfolio as short-term rentals,as the company owns furniture and can place it
in units as they do development.Mr.Pabich stated that they are looking for permission to continue
using the two units in the building as short-term rentals. Mr. Pabich noted that these two units have
designated parking spaces and their own egresses of the side of the building. He added that they are
located in the Central Development (B5) zoning district,which he thinks is perhaps the most
appropriate in the city for short-term rentals.
13. Chair Mike Duffy asked Mr.Pabich to describe the units.Mr.Pabich stated that one unit is a very
small one bedroom and the other is a very small studio.Both have small kitchens and single
bathrooms. Mr. Shea asked if this is a two-family building;Mr.Pabich responded that it is a seven unit
building,which is one of three contiguous buildings that comprise twenty-two (22) total units,which
share a parking setup.
14. Chair Duffy asked if nothing would change with the use;Mr. Pabich stated that nothing would
change.
15. Mr. Copelas noted that one of the requirements is that this property was being used for this purpose
prior to the submission of the Ordinance.He asked if they had been operating prior to July;Mr.
Pabich responded that they had been operating for quite a bit longer than that—not necessarily those
two units.Mr. Pabich added that for the two units for which they are requesting the special permit,
yes,they were operating prior to July.
City of Salem Board of Appeals
January 30,2019
Project:24 Lynde Street
Page 3 of 4
16. Mr. Copelas asked if Mr.Pabich understands that those (specific units) are the only two units that can
continue to operate as non-owner occupied short-term rentals.Mr.Pabich responded in the
affirmative.
17. At the January 16,2019 public hearing,no (0)members of the public spoke in favor of or in
opposition to the petition.
18. Chair Duffy noted that the application deadline was met and added that the Board must consider the
special permit criteria.He discussed the criteria (noted in Findings below).
19. Mr. Copelas asks if the Board needs to reference the specific units. He asks the petitioner if he objects
to referencing the specific units.Mr. Pabich responds that he would not object,though he would
prefer the flexibility if the Board did not.Mr.-Copelas responds that the Board is specifically referring
to two units;Mr. St.Pierre states that he thinks they need to be registered(specifically).Mr. Pabich
states that the units are#2 and#3 as referenced in the application.
The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and
after thorough review of the petition, including the application narrative and plans, and the Petitioner's
presentation and public testimony, makes the following findings that the proposed project meets the
provisions of the City of Salem Zoning Ordinance:
Findings for Special Permit:
The Board finds that the continued use will not be substantially more detrimental to the neighborhood.
1. Social, economic and community needs served by the proposal: this use serves the tourism-driven
need for short-term rentals in the downtown area,and guests staying in these units often support local
restaurants and shops.
2. There will be no changes to traffic flow and safety,including parking and loading, as the use will not
change. Each short-term rental unit has a designated parking space.
3. There will be no change in use of utilities and other public services;as such, existing utilities and other
public services are adequate.
4. There will be no change in impacts on the natural environment, including drainage, as the use and
structure will not change.
5. Neighborhood character: this use is appropriate for the character of downtown.
6. Potential fiscal impact, including impact on City tax base and employment: this real estate use helps
boost the economy and contributes real estate and room occupancy taxes while, as Petitioner notes in
the Statement of Grounds, "limiting the impact on school and municipal budgets." In addition,
Petitioner notes that "this use has necessitated the creation of a half-time professional position for
assistance in managing the property."
On the basis of the above statements of fact and findings,the Salem Board of Appeals voted five (5) in favor
(Jimmy Tsitsinos,Jimmi Heiserman, Patrick Shea, Peter A. Copelas, and Mike Duffy (Chair)) and none (0)
opposed to grant the requested Special Permit per Section 15-6 (d) of the Salem Code of Ordinances to allow
the continued operation of two non-owner occupied short-term rental units in the seven-unit residential
building at 24 Lynde Street,Units #2 and#3,subject to the following terms,conditions,and safeguards:
Standard Conditions:
1. Petitioner shall comply with all city and state statutes,ordinances,codes and regulations.
City of Salem Board of Appeals
January 30,2019
Project:24 Lynde Street
Page 4of4
2. A Certificate of Occupancy is to be obtained.
3. A Certificate of Inspection is to be obtained.
4. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including,but
not limited to,the Planning Board.
- 1&7C_
Mike Duffy,
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
AVeal fr»m this decision,if any,shall be made pursuant to Section 17 of the Ma sachurew General Laws Chapter 40A,and shall be filed nithin 20
days of filing of.his 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. t