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boa_225_lafayette_street_-_stamped_decision 3.6.2019 CITY OF SALEM, A4ASSA%WAE TS A . 5 PH . BOARD OF APPEAL J ZS V' f a � r 2.tn 98 WASHINGTON STREET♦SALEM,MASSACHUSET U179 ' MASS KIMBERLEY DRISCOLL TEL:978-745-9595 MAYOR March 6, 2019 Decision City of Salem Board of Appeals Petition of STEPHEN TOLAN for a special permit per Section 15-6 (d) of the Salem Code of Ordinances to allow the continued operation of one non-owner occupied short-term rental unit in the three-family house at 225 LAFAYETTE STREET (Map 33,Lot 496) (113 and R2 Zoning Districts). A public hearing on the above Petition was opened on February 20,2019 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,Patrick Shea,and Paul Viccica (alternate). The Petitioner seeks a special permit per Section 15-6 (d) of the Salem Code of Ordinances to allow the continued operation of one non-owner occupied short-term rental unit. 225 Lafayette Street is a three-family house at which one unit has been operated as a non-owner occupied short-term rental unit. 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 January 15,2019,the Petitioner requested a special permit per Section 15-6 (d) of the Salem Code of Ordinances to allow the continued operation of one non-owner occupied short-term rental unit. 225 Lafayette Street is a three-family house at which one unit has been operated as a non-owner occupied short-term rental unit.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 Stephen Tolan presented the petition. 3. The property is a three-family home located in the Residential Multifamily(R3) and Residential Two- Family (R2) Zoning Districts. One unit—Apartment#1 —has operated as a non-owner occupied short-term rental unit since at least June 2,2018. 4. Chapter 15 of the Salem Code of Ordinances,Short-Term Rentals,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 Rentals. Section 1 5-6 (d) Short-Term Rental of a Non-Owner Occupied Unit states, in relevant part,that"An Opera for 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." City of Salem Board of Appeals March 6,2019 Project:225 Lafayette Street Page 2 of 4 5. The Petitioner submitted proof of two bookings in June of 2018.The evidence reflected that this unit was used as a non-owner occupied short-term rental at least as early as June 2,2018.This is before the ordinance allowing short-term residential rentals in the City of Salem was filed on July 19,2018. 6. As the above amendment was approved by the Mayor on October 1,2018,the deadline for Qualifying Operators to petition for Special Permit was initially understood to be December 1,2018. 7. An Ordinance to amend the Salem Zoning Ordinance to add the use "non-owner occupied short- term rentals"to Section 3.0 Table ofPrincrpal and Accessory Use Regulations and to add definitions for "non-owner occupied short-term rental" and"short-term rental"to Section 10.0 Definitions was, however,adopted for second and final passage by the City Council on November 15,2018. 8. In light of the foregoing,in January of 2019,following consultation with the Assistant City Solicitor, Victoria Caldwell,a final deadline of January 15,2019 was established for the aforementioned "Qualifying Operators."This deadline was 60 days from the date of passage of the aforementioned Zing Ordinance. 9. Several parties contacted the City for information on the special permit process for non-owner occupied short-term rentals in'October of 2018.However,the City did not inform these parties about the special permit process until December 6,2018,after the original understood deadline of December 1,2018 had passed. In consultation with Victoria Caldwell,Zoning Enforcement Officer Tom St.Pierre and Staff Planner Brennan Corriston,and consistent with the establishment of a final deadline of January 15,2019 following the City Council's vote on November 15,2018,it was determined that these parties should not be denied the opportunity to seek a special permit and that their Petitions would be deemed timely under Section 15-6 (d). 10. Petitioner Stephen Tolan submitted the petition per the process outlined in Section 15-6 (d) of the Salem Code of Ordinances. This petition was submitted January 15,2019,just in time for the deadline on the same date (January 15,2019). 11. Section 3.0 Table of Principal 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 (B1); • Business Highway(B2); • Business Wholesale&Automotive (B4); • Central Development(B5). 12. As noted above,the property is located in the Residential Multifamily(R3) and Residential Two- Family(R2) zoning districts.The Non-Owner Occupied Short-Term Rentals use is allowed by special permit from the Zoning Board of Appeals in these districts. 13. The requested relief,if granted,would allow the Petitioner to continue to operate one non-owner occupied short-term rental unit—Apartment#1 —in the three-family house at 225 Lafayette Street. 14. At the February 20,2019 public hearing,Petitioner Stephen Tolan discussed the petition.Mr.Tolan explained that this is a well-maintained,three-family house where he operates one short-term rental; the other two units are long-term rentals and he is not seeking to change those. Mr.Tolan noted that his brother and sister-in-law live on the third floor of the building and help maintain the rental unit , City of Salem Board of appeals March 6,2019 Project:225 Lafayette Street Page 3 of 4 and clean it after the renters.Mr. Tolan added that he has not had any complaints.He noted that there are eight total parking spaces for the three units in the property.Mr.Tolan noted that the extra income that comes from the non-owner occupied short-term rental unit helps him maintain all the units and maintain reasonable rents. Mr.Tolan stated that because the short-term rental property is vacant about half of the time,guests there use fewer services and have a smaller impact than a normal, long-term rental would have. 15. Chair Duffy asked if the unit is designated by any number. Mr.Tolan stated that this is 225 Lafayette Street Apartment 1. 16. Staff Planner Brennan Corriston noted that in the legal advertisements for this petition,he incorrectly described the property as a two-family house,not a three-family house,but that he had checked with Assistant City Solicitor Victoria Caldwell who confirmed that it would not necessary to be re- advertise.Tl':,:�legal advertisements noted that the special permit request was to continue the non- owner occupied short-term rental use in one unit. •L' 17. At the February 20,2019 public hearing,two (2) members of the public spoke infavor of the petition and no (Q)members of the public spoke in opposition to the petition. Chair Mike Duffy noted that the Board received a letter in opposition to the petition from Flora Tonthat. 18. Mr. Copelas clarified that Mr. Tolan rents this as one inclusive unit,not rented to separate parties at the same time.Mr.Tolan responded in the affirmative, stating that this is one booking that cannot be split up;there are 2 bedrooms, 1.5 bathrooms,and 1 kitchen. 19. Chair Duffy spoke to the special permit criteria (noted below). 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 short-term rental helps financially support the two longer-term rental units in the building, and thus serves an important economic and social need in the City. 2. There will be no changes to traffic flow and safety,including parking and loading, as the use will not change. There is sufficient parking for this unit and little impact on traffic. 3. There will be no change in use of utilities and other public services; adequate utilities and public services already service the property. 4. There will be no change in impacts on the natural environment, including drainage, as the use and structure are not proposed to change. 5. Neighborhood character: This use fits into the neighborhood character, and the Petitioner has not received complaints about the property. 6. Potential fiscal impact, including impact on City tax base and employment: This use has a positive fiscal impact through taxes generated for the City. City of Salem Board of Appeals March 6,2019 Project:225 Lafayette Street Page 4 of 4 On the basis of the above statements of fact and findings,the Salem Board of Appeals voted four(4) in favor (Peter Copelas, Mike Duffy (Chair), Patrick Shea, and Paul Viccica) 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 one non-owner occupied short-term rental unit (Apartment#1) in the three-family house at 225 Lafayette Street,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 requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 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. BT Mike Duffy,Chair 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 heroin shall not take effect until a copy of the decision bearing the certificate of the City Clerk has been filed wth the Essex South Registry of Deeds.