293 Jefferson Ave (CLERK SIGNED) �r. CITY OF SALEM, MASSACHUSETTS
9 BOARD OF APPEALS
98 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970
TEL:978-619-5685
KIMBERLEY DRISCOLL
t�
MAYOR
r-�
March 1, 2022
Decision
City of Salem Board of Appeals
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The petition of DUANE R. SANDLER AND JINJI L. SANDLER at 293 JEFFERSON
AVENUE (Map 23, Lot 129)(B1 Zoning District),for a variance per
Section 4.1 Table of Dimensional Requirements of the Salem Zoning
Ordinance for minimal lot area per dwelling unit of 1,164 SF where 3,500 SF required
and to maintain 5.1 side yard width with addition,where 1o'is required.
A public hearing on the above Petition was opened on February 16, 2022 and was closed
on February 16, 2022.
On February 16, 2022,the following members of the Salem Board of Appeals were
present: Mike Duffy(chair), Rosa Ordaz, Carly McClain, Paul Viccica and Steven
Smalley.
The petitioner seeks a variance per Section 4.1 Table of Dimensional Requirements of the Salem
Zoning Ordinance for minimal lot area per dwelling unit of 1,164 SF where 3,500 SF required
and to maintain 5.1 side yard width with addition,where io'is required.
Statements of Fact:
The petition is date stamped December 29, 2021. The petitioner has requested a variance per
Section 4.1 Table of Dimensional Requirements of the Salem Zoning Ordinance for minimal lot
area per dwelling unit of 1,164 SF where 3,500 SF required and to maintain 5.1 side yard
width with addition,where 1o'is required.
1. 293 Jefferson Avenue is owned by Duane R Sandler and Jinji L. Sandler.
2. Duane R Sandler and Jinji L. Sandler were represented by Attorney Bill
Quinn.
3. 293 Jefferson Avenue is located in the B1 zoning district. (Map 23, Lot 129)
4. The requested relief, if granted,would allow the Petitioner to replace a
structure over an existing foundation and maintain the use of six parking
spaces and add one additional space.
5. On February 16, 2022, attorney Quinn presented the petition for 293
Jefferson Avenue to the Board.
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6. 293 Jefferson Avenue is currently vacant. It was used as a restaurant and an
office space in the past.
7. The petitioner would like to construct a building that will be a four(4)family
- residence that has handicap accessibility for some of the units.
8. They are extending on one side to create an edition to the foundation for more
space for the proposed dwellings.
9. Attorney Quinn addressed the criteria for a hardship. He spoke about the odd
shaped lot (triangle in nature). The lot was impacted by the railroad tracks
that run behind the property and the construction of an overpass by the
property.As well as changes in the topography which slopes dramatically
towards the back of the property.
10. Board member Paul Viccica inquired about the total number of proposed
units for the structure. There will be four units that are served by six (6) or
seven (7) parking spaces.
11. Dan Ricciarelli,architect, discussed the plans and elevations of the proposed
structure. The plan is to remove the roof and salvage much of the walls. They
will be keeping the foundation and going up two stories. Two of the first-floor
units will be handicap accessible.
12. Paul Viccica inquired about the proposed idea of the roof. The roof will be
staying at the thirty(30)foot maximum allowed in the Bi zoning district.
13. Chair Duffy opened up the meeting to public comment.
14. Judith Ware,Wilson Street, inquired if there was public access to the railroad
through the property. Attorney Quinn responded that there is no public
access to the railroad on the property. Ms.Ware also commented about how
she approved of the amount of parking for the proposed units.
15. Mike Becker, developer, spoke to the fact that there is a chain link fence that
runs the length of the property. He spoke to how all the units will be rental
units. They will not be condominiums. They plan to keep as much of the
existing building as possible so that they can build on top of it. He reiterated
the importance of housing for the community of Salem.
16. Paul Viccica inquired about how the developers plan on getting the seventh
parking space for the lot. Mike Becker addressed the question and stated that
they were planning on rotating the seventh spot. This would make it parallel
to the street and would then make room for the parking space. However,if
there isn't space for the seventh spot,they still have the correct amount of
required parking (6).
17. Dave Potter, developer, spoke about the handicap accessibility of some of the
proposed apartments. He is contact with companies that assist in locating
handicap accessible housing. This proposal would help service that
population.
18. For the record, Chair Duffy read a letter from the property owner, Jinji
Sandler. The letter spoke to how the current use, a vacant restaurant,was not
the best use for the property and how turning it into residential use would
better serve the community.
19. A letter from Mathew Berman, 15 Parrallell Street, was read giving support to
the proposed development and how it will upgrade the neighborhood.
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20. Paul Viccica mentioned that he approved of the handicap accessible spaces,
however he had concerns over the plot plan that did not show the parking
spaces that allowed a five (5)foot area between parking spaces that allow for
access to the vehicles for individuals who are handicapped and have
wheelchairs.
21. Chair Duffy discussed the special permit and variance criteria.
22. 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. 3oA, §18, and the Governor's March 15, 2020
Order imposing strict limitations on the number of people that may gather in
one place,the December 15, 2021 meeting of the Board of Appeals was held
remotely,via the online platform Zoom.
Special Permit Findings:
The Board finds that the proposed modifications will not be substantially more
detrimental than the existing nonconforming use to the neighborhood and that the
adverse effects of the proposed use will not outweigh its beneficial impacts to the City
and the neighborhood:
1. Social, economic, or community needs were served by this petition.
2. Traffic flow and safety, including parking and loading: there will no impact
on traffic or parking.
3. Adequate utilities and other public services: The petition will not impact
utilities or public services.
4. Impacts on the natural environment, including drainage: No negative
impact would be expected.
5. Neighborhood character:The project will be in keeping with and improving
the residential neighborhood character.
6. Potential fiscal impact, including impact on City tax base and employment.
There will be a positive fiscal impact on the city or its tax base.
Variance Findings:
1. Special conditions and circumstances especially affect the land, building, or
structure involved, generally not affecting other lands,buildings, and structures
in the same district: The topography of the lands and the shape of the lot impact
where the applicant could feasibly place the proposed dwellings.
2. Literal enforcement of the provisions of the Ordinance would involve substantial
hardship to the applicant in attempting to put the property to productive use.
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3. Desirable relief may be granted without substantial detriment to the public good,
and without nullifying or substantially derogating from the intent of the district
or the purpose of the ordinance.
On the basis of the above statements of fact and findings,the Salem Board of Appeals
voted five (5)in favor( Rosa Ordaz, Mike Duffy(chair), Carly McClain, Paul Viccica and
Steven Smalley) and none (o) opposed to grant of DUANE R. SANDLER AND JINJI L.
SANDLER a for a variance per Section 4.1 Table of Dimensional Requirements of the
Salem Zoning Ordinance for minimal lot area per dwelling unit of 1,164 SF where 3,500
SF required and to maintain 5.1 side yard width with addition,where 10' is required
Receiving five (5) in favor votes, the petition for a special permit is
approved.
Receiving five (5) in favor votes, the petition for a variance is approved.
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.
9. All construction shall be done per the plans and dimensions submitted to and approved by
this Board.Any modification to the plans and dimensions must be approved by the Board of
Appeals unless such changes are deemed a minor field change by the Building Commissioner
in consultation with the Chair of the Board of Appeals.
Special Conditions:
1. The site must have no less than six(6)parking spaces on the site.
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Date MAR 2 2 2022
1 hereby certify that 20 days have
expired from the,date,this instrument
was received, as that NQ APPEAL
has been filed
ed iri.this Office.
A True Copy Mike Duffy, Chair
ATTEST: CITY CLERK,Salem, Mass. Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CM
CLERK.
Appeal from this decision, if any, shall be made pursuant to Section 17 of the
Massachusetts General Laws Chapter 4oA, 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 4oA, 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.
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