boa_49_summer_street_-_stamped_decision 3.6.2019 CITY OF SALEM MASSACUSETTS
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98 WASHINGTON STREET*SALEM,MASSACHUSETTS'{1R�J � �9 �'�A SS
KIMBERLEY DRISCOLL TEL:978-745-9595
MAYOR
March 6,2019
Decision
City of Salem Board of Appeals
Petition of PHILIP MARCHAND for a special permit per Section 15-6 (d) of the Salem Code of
Ordinances to allow the"continued operation of a non-owner occupied short-term rental unit in the
single-family house at 49 SUMMER STREET (Map 25, Lot 578) (R2 Zoning District).
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. 49 Summer Street is a single-family
home that has operated as one non-owner occupied short-term rental unit, 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 January 10,2019,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. 49 Summer Street is a single-family home that has operated as one
non-owner occupied short-term rental unit,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 Philip Marchand presented the petition.
3. The property is a single-family home located in the Residential Two-Family(R2) Zoning District. This
property has operated as a single non-owner occupied short-term rental unit since at least October
2012.
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 15-6 (d) Short-Term Rental of a Non-Owner Occxpied 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"Reservations"report for this property included with the application, the use of this property
("John Edwards House") as a short-term rental began at least as early as October 2012. This is before
City of Salem Board of Appeals
March 6,2019
Project:49 Summer Street
Page 2 of 3
the ordinance allowing short-term residential rentals in the City of Salem was filed on July 19,2018.
The Petitioner also included a Certificate of Fitness for this property issued May 11,2018.
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 of Principal 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
Zoning 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 Philip Marchand submitted the petition per the process outlined in Section 15-6 (d) of the
Salem Code of Ordinances. This petition was submitted January 10,2019,prior to the January 15,
2019 deadline.
11. Section 3.0 Table of Print pal 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(112);
• Residential Multifamily (R3);
• Business Neighborhood(131);
• Business Highway(132);
• Business Wholesale&Automotive (134);
• Central Development(135).
12. As noted above,the property is located in the Residential Two-Family(R2) zoning district. The Non-
Owner Occupied Short-Term Rentals use is allowed by special permit from the Zoning Board of
Appeals in this district.
13. The requested relief,if granted,would allow the Petitioner to continue to operate the house at 49
Summer Street as one non-owner occupied short-term rental unit.
14. In the Statement of Grounds,the Petitioner spoke to the special permit criteria (as noted in"Findings
for Special Permit"below).
15. At the February 20,2019 public hearing,Petitioner Philip Marchand discussed the petition.
16. At the February 20,2019 public hearing, five(5) members of the public spoke in favor of the petition,
and no (0) members of the public spoke in opposition to the petition.
City of Salem Board of Appeals
March 6,2019
Project:49 Summer Street
Page 3 of 3
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 meets the need for affordable
rentals for large groups.As the Petitioner notes in the Statement of Grounds,the "income generated
has allowed [him] to make improvements to the property which helps... maintain the character of the
house and neighborhood."
2. Traffic flow and safety,including parking and loading: The driveway hold, two cars,which is usually
sufficient. There have been some issues with renters parking in front of the driveway at the abutting
51 Summer Street. The Petitioner has madq:;umself very available to neighbors to try and address any
parking issues.
3. Existing utilities and other public services are adequate,and there will be no change.
4. There will be no change in impacts on the natural environment, including drainage, as the use and
structure will not change.
5. The historic property fits into neighborhood character. Residents who live nearby spoke in support of
the application at the public hearing. As the Petitioner notes in the Statement of Grounds, the
"income generated has allowed [him] to make improvements to the property which helps... maintain
the character of the house and neighborhood."
6. Potential fiscal impact, including impact on City tax base and employment: this use has a positive
fiscal impact on the City.
On the basis of the above statements of fact and findings, the Salem Board of Appeals voted four(4) in favor
(Patrick Shea, Paul Viccica, Mike Duffy (Chair), and Peter A. Copelas) 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 (a single family home) at 49 Summer 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.
Ak
Mike Duf hair
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 act until a copy of the decision bearing the certifcate of the City Clerk has been filed with the Essex South
Registry of Deeds.