City of Salem Zoning Board of Appeals
Minutes of Meeting
Wednesday, November 15, 2006
A Meeting of the Salem Zoning Board of Appeals was held on Wednesday, November 15, 2006 in the third floor conference room at 120 Washington Street, Salem, Massachusetts at 6:30 p.m.
Those present were: Richard Dionne, Elizabeth Debski, Bonnie Belair, Annie Harris and Steven Pinto. Also present was Building Inspector Tom St. Pierre and Staff Planner Dan Merhalski.
Continuation of Public Hearing – Request for Special Permit to allow a portion of the lot to be used for earth processing operations – 15 Robinson Road– BPD District – AAA Enterprises
Staff Planner Dan Merhalski read a letter from the applicant requesting a continuance to the December 20th ZBA meeting.
A motion was made by Richard Dionne, seconded and approved (5-0) to continue the Public Hearing to December 20, 2006 at 6:30 pm.
Public Hearing – Request for Special Permit to allow existing non-conforming offices to be converted to six (6) residential units- 48 Bridge Street – R-2 District - Lewis Legon.
Richard Dionne read a letter from the applicant requesting a continuation of the Public Hearing until December 20, 2006.
A motion was made by Richard Dionne, seconded and approved (5-0) to continue the Public Hearing to December 20, 2006 at 6:30 pm.
Public Hearing – Request for Variance from front and rear setbacks, lot coverage and off-street parking requirements - 32 Palmer Street - R-2 District - Richard Griffin.
Richard Griffin, representing the applicant, gave a brief presentation regarding the project to construct a new, two and one-half story, two-family condominium on the site of a burned out foundation of a house. The building was a pre-existing two-family dwelling.
Annie Harris asked if the parking for the site was on-street parking?
Mr. Griffin confirmed that the parking would be all on-street.
Mrs. Harris asked if there would ever be a third dwelling unit in the structure?
Mr. Griffin said that the layout would prohibit a third unit.
At this time Richard Dionne opened the public hearing.
There were no members of the public wishing to comment on this item.
Mr. Dionne closed the public hearing.
Annie Harris made a motion to approve the requested variances, with conditions, seconded by Steve Pinto and approved 5-0.
At this time Attorney Steve Lovely spoke regarding the item of 272 Jefferson Ave., with permission of the acting Chair, Richard Dionne, that his client will be coming in December for the December 20, 2006 meeting.
Public Hearing – Request for Variance from side and rear setbacks -17 High Street – R-2 District - T. William Smith.
Mr. T. William Smith represented himself and gave a brief presentation regarding the plan. He corrected that the requested relief is not five inches, but five feet. He said that he had spoken to two of his neighbors about the requested variance and had received their approval. He stated that the deck would be approximately twelve (12) feet to the floor of the deck.
At this time Mr. Dionne opened the public hearing.
No members of the public wished to comment on the petition.
Mr. Dionne closed the public hearing.
A motion was made by Steven Pinto to approve the requested variances, with conditions, seconded by Richard Dionne and approved 5-0.
Public Hearing – Request for Variance from number of stories - 8 Messervy Street – R-2 District - Timothy and Dennis Campbell.
Timothy and Dennis Campbell gave a brief presentation explaining that the structure has been constructed and that they were unaware that they needed to get a permit for the particular structure. They were notified that they needed an additional permit, and had applied for one. They were denied a permit, and are before the ZBA to request a variance to allow for the existing construction to remain. The construction was an addition to the third floor for a dormer and associated interior rehabilitation work.
Elizabeth Debski requested when the structure was constructed?
Mr. Timothy Campbell replied that the structure had been constructed in July of 2006.
Mrs. Belair asked if the structure was a two-family dwelling?
Mr. Campbell stated that the structure is a three-family and that it would remain as a three-family condominium.
Mr. Dionne opened the public hearing at this time.
No members of the public wished to comment on this item.
Mr. Dionne closed the public hearing.
A motion was made by Bonnie Belair to approve the variance, with conditions, seconded by Annie Harris and approved 5-0.
Public Hearing – Request for Special Permit to allow an Auto Repair Business - 483 Highland Ave. – B-2 District - William Crosby.
Ward Three City Councilor Jean Pelletier asked if he could speak on the project, as he had another meeting to go to and had to leave the ZBA meeting. He spoke in favor of the petition and the business owners and said that they would be a good business for the city.
Attorney William Quinn represented the petitioner and gave a brief presentation regarding the site and the petition for a Special Permit. He stated that the business would be a Mercedes-Benz repair shop and that the owners are both well-qualified and certified to repair Mercedes-Benz vehicles by Mercedes-Benz.
Mr. Quinn presented revised plans to the Board showing that there were two curb cuts for the site, not one as shown on the original plans.
Mrs. Harris asked if the parking extended onto another lot?
Mr. Quinn verified that the parking does extend onto another lot, but that historically the lot had been used that way, the owner of the lot has allowed the petitioners to park vehicles on their property, and they would be given the rights to parking on the lot by the owner of that lot.
Mrs. Harris asked Mr. Merhalski what the requirements of the Entrance Corridor Overlay District were.
Mr. Merhalski gave a brief summary of these requirements.
The petitioner agreed to abide by the requirements of the Entrance Corridor district and agreed to do landscaping within the requirements of the Entrance Corridor Overlay District.
Steve Pinto commented that he thought that it was nice to see a business come to the City of Salem.
Mr. Dionne Opened the public hearing at this time.
There were no members of the public who wished to speak on this item.
Mr. Dionne closed the public hearing.
A motion was made by Elizabeth Debski to approve the variance, with conditions, seconded by Annie Harris and approved 5-0.
Approval of Minutes
A motion to approve the minutes, as amended was made by Richard Dionne, seconded by Steve Pinto, and approved 3-0, Annie Harris and Bonnie Belair abstaining.
Tom St. Pierre, the Building Inspector, explained the situation with 272 Jefferson Avenue and explained that the will notify the Board in their packets when the item comes back to the ZBA.
Adjournment
There being no further business before the Board, a motion to adjourn was made by Richard Dionne, seconded by Steve Pinto and approved 5-0.
The meeting was adjourned at 7:38 p.m.
Respectfully submitted:
__________________________
Daniel J. Merhalski, Staff Planner/Clerk
Salem Zoning Board of Appeals
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