16 Loring Avenue DECISION (STAMPED) 5.10.22 (1) ���,oNI11T
CITY OF SALEM, MASSACHUSETTS
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BOARD OF APPEALS
98 WASHINGTON STREET♦ SALEM,MASSACI-USETTS 01970
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KIMBERLEY DRISCOLL 0 C`y ?.
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May 10, 2022 -71 - -0
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Decision
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City of Salem Board of Appeals
The petition of SANDRA S. POWER at 16 LORING AVENUE(Map 32, Lot 88) (R2
Zoning District), for a Special Permit per Section 3.3.2 Nonconforming Uses of the
Salem Zoning Ordinance to add an additional dwelling unit on the second floor to
convert the five (5) family dwelling into a six (6) family dwelling. The petitioner is also
seeking a variance per section 4.1 Dimensional Requirements for lot area per dwelling
unit+/-2,833 sq. ft requested where the existing nonconforming use is 3,400 sq. ft per
dwelling unit.
A public hearing on the above petition was opened on March 16, 2022 and was
continued to April 27, 2022 and was closed on April 27, 2022.
On Apri127, 2022,the following members of the Salem Board of Appeals were present:
Mike Duffy(chair), Rosa Ordaz, Carly McClain, Paul Viccica, Peter Copelas and Steven
Smalley.
Statements of Fact:
The petition is date stamped February 14, 2022. The petitioner seeks a Special Permit
per Section 3.3.2 Nonconforming Uses and a Variance per section 4.1 Dimensional
Requirements of the Salem Zoning Ordinance to add an additional dwelling unit to the
property.
1. 16 Loring Avenue is owned by Sandra S. Power, Trustee.
2. The petitioner was represented by Attorney Bill Quinn.
3. 16 Loring Avenue is located in the R2 zoning district. (Map 32, Lot 88)
4. The requested relief, if granted, would allow the Petitioner to add an
additional dwelling unit to the home and allow for a reduction in lot area per
dwelling unit.
5. On March 16, 2022,Attorney Quinn presented to the board, that they had just
become aware that they were seeking additional relief that was not originally
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requested. Attorney Quinn requested a continuance to the April 27, 2022
meeting to submit the proper relief required for the petition.
6. The petitioner would like to construct an additional unit to the property to
make the five (5) unit building into a six (6) unit building.
7. On April 27, 2022 Attorney Quinn presented the petition to the board.
8. 16 Loring Avenue has two half houses on either side of the structure and a
maid's quarters on the third floor. In 1976,the owners came in front of the
Zoning Board of Appeals and sought relief to convert from four(4)units to a
five(5)unit structure.
9. The petitioner is seeking the relief to be able to live out the rest of their days in
the home and to be able to supplement their income due to the increase in
cost of living.
10. The relief is sought so that they can add the sixth (6th)unit to the property,
but this will come with a reduction in living area per dwelling unit which is
why the owner is seeking a variance.
11. The petitioner is also seeking to add an exterior stairwell at the rear of the
structure for an egress for all dwellings on the property.
12. There are nine (9)parking spaces with the property which is the required
amount of spaces for the property.
13. Attorney Quinn addressed the criteria for the variance. He stated that case
law allows for a variance when a historical property is in need of significant
financial contributions to keep it up to date.
14. Attorney Quinn also addressed the soil conditions for the variance. He spoke
about how the fill that was brought into the property eighty(8o)years ago is
causing drainage issues for the elevated yard and that water is seeping into
the lower-level garage and causing large amounts of construction and
maintenance to occur to the property.
15. Attorney Quinn discussed the special permit criteria.
16. The board opened up the petition to public comment.
17. Jeff Cohen, 12 Hancock Street, expressed his support for this petition.
18. Todd Waller, 26 Hardy Street, expressed his support for the petition whole
heartedly.
19. 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. NA, §18, and the Governor's March 15, 2020
Order imposing strict limitations on the number of people that may gather in
one place,the April 27, 2022 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:
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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 continue to keep with 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 soil above the garage and the drainage
issues caused by the fill above the garage are special conditions that cause a
hardship. Also,the cost of upkeep for the historical significance of the
property.
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.
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
Peter Copelas) and none (o) opposed to grant SANDRA S. POWER at 16 LORING
AVENUE (Map 32, Lot 88) (R2 Zoning District),a Special Permit per
Section 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance to add an additional
dwelling unit on the second floor to convert the five (5)family dwelling into a six (6)
family dwelling. Also, a variance per section 4.1 Dimensional Requirements for lot area
per dwelling unit.
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Receiving five (5) in favor votes, the petition for a special permit and
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. Petitioner will meet with the Historic Commission to discuss the plans.
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Mike Duffy, hair
Board of Appeals
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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 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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