City of Salem Zoning Board of Appeals
Minutes of Meeting
Wednesday, December 20, 2006
A Meeting of the Salem Zoning Board of Appeals was held on Wednesday, December 20, 2006 in the third floor conference room at 120 Washington Street, Salem, Massachusetts at 6:30 p.m.
Those present were: Nina Cohen, Elizabeth Debski, Bonnie Belair, Robin Stein and Steve 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
Chair Nina Cohen read a letter from the applicant requesting a withdrawal without prejudice for their petition.
A motion was made by Nina Cohen, seconded by Elizabeth Debski and approved (5-0) to allow the petition to be withdrawn without prejudice.
Continuation of 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.
Nina Cohen read a letter from the applicant requesting a continuation of the Public Hearing until January 17, 2007.
A motion was made by Nina Cohen, seconded by Robin Stein and approved (5-0) to continue the Public Hearing to January 17, 2007 at 6:30 pm.
Public Hearing – Request for Variance from maximum height of fences and boundary walls – 28 Marlborough Road – R-1 District – Peter and Cheryl Bagarella.
Nina Cohen read a letter from the applicant requesting a continuation of the Public Hearing until January 17, 2007.
Ward Four Councilor Leonard O’Leary objected to the continuation.
John Charbonneau of 5 Greenlawn Avenue also objected to the request for a continuation.
A motion was made by Nina Cohen, seconded by Elizabeth Debski and approved (5-0) to continue the Public Hearing to January 17, 2007 at 6:30 pm.
Public Hearing – Request for Special Permit from side to change the use of the existing non-conforming structure and Variances from the maximum density and parking requirements - 17-19 Salem Street – R-3 District – Michael Viola.
Attorney Anthony Rossi stated that he is representing the petitioner, Michael Viola, on this petition. Mr. Viola was also present. Mr. Rossi gave a brief presentation to the Board regarding the plans for the property to add a third floor with five (5) dwelling units to the existing structure. Mr. Rossi stated that the owner will occupy one of the dwelling units and will retain ownership and operate the existing Laundromat on the first floor of the structure. He was not sure who he would rent out the other two commercial spaces to.
Ms. Cohen asked the petitioner if he thought the location was a good location for high-end condominium developments?
Mr. Viola said that he didn’t think it was a good location, but that he thinks it is an up and coming area of Salem and is growing.
Ms. Stein asked the petitioner to describe the current zoning and what the specific types of relief they requested were.
Mr. Rossi explained that the current commercial uses on the site were conforming uses. The residential units on the second and third floors would require Special Permits for the use, and variances from the parking requirements as there is no room for parking on the site.
Ms. Stein asked Tom St. Pierre to define any additional relief required, as this was an existing non-conforming structure and would require a Special Permit to expand on the existing non-conforming structure.
Tom St. Pierre, Building Inspector, stated that the non-conforming structure requirement is applicable as Ms. Stein outlined. There is a grandfathered barber shop that is also existing non-conforming and the applicant may need to seek a Special Permit to allow the Laundromat in the Multi-Family, R-3 District. A variance for parking would also be required. The lot area per dwelling unit may also require a variance, but as the applicant did not provide the lot area in their petition, this is difficult to determine.
Beth Debski inquired about the parking requirements for the project.
Mr. St. Pierre replied that the residential units would require eight (8) spaces for the residential spaces, but that the commercial spaces exist on the street and as this use would be continuing the existing use, the parking for the commercial space is not required, thought the Board me disagree with him.
Steven Pinto asked if the project was financially feasible without the addition of a third floor for the site.
Mr. Viola said that he was not able to work the project’s numbers to allow for only the two floors.
Ms. Cohen stated that she thinks this is a neighborhood with a lot of parking issues.
At this time Ms. Cohen opened the public hearing.
Pam Anderson of 157 Lafayette Street said that she thinks the project is too dense and does not have enough parking and is opposed to the granting of the petition.
Brian Tashjian of 30 Park Street stated that he is opposed to the project as there is no parking on the street.
Ms. Cohen asked if the city had received any written correspondence for this petition.
Mr. Merhalski, Staff Planner, stated that he had not.
Ms. Stein stated that the project is great for the area, but that the parking is a matter that does not outweigh the benefit of the project. She recommending the petitioner try to work with the neighborhood to arrange for off-street parking.
Mr. Rossi suggested that the Board allow the applicant to continue the petition to the next Board meeting in January to allow his client to look into these issues more carefully and try to work them out with the neighborhood.
Ms. Stein asked if the applicant would be willing to sign a waiver of the time for the Board to make a decision.
The petitioner agreed.
A motion was made by Nina Cohen, seconded by Elizabeth Debski and approved (5-0) to continue the Public Hearing to January 17, 2007 at 6:30 pm.
Public Hearing – Request for an amendment to a previously approved variance – 13 Fairmount Street – R-2 District – Antonio Nogueira.
Mr. Nogueira addressed the Board and stated that he discovered that he needed to enlarge his original decision to enlarge the addition by four (4) feet, while not encroaching further into the setback that he received the variance from.
Ms. Cohen opened the public hearing at this time.
There were no members of the public who wished to speak on this petition.
Ms. Cohen asked the petitioner is he had spoken to his neighbors about this amendment.
Mr. Nogueira stated that he had and that no one had objected to the request.
A motion was made by Steve Pinto to approve the amendment to the previously approved variance for a twelve (12) by sixteen (16) foot addition to be expanded to a sixteen (16) by sixteen (16) foot addition, subject to all of the original decision’s conditions. The motion was seconded by Robin Stein and approved 5-0.
Public Hearing – Request for Variance to convert a single-family dwelling into a two-family dwelling – 11 Mason Street – B-1 District – Diane McGlynn.
Atty. Diane McGlynn spoke on behalf of her clients, Luis and Maria Rosero.
Ms. McGlynn gave a brief presentation to the Board regarding the petition and photographs of the site.
A Special Permit was granted in 1982 to allow the property to be used as a legal two-family unit, but that permit was voided when the owner sold the property. The property was sold two times before the current owners purchased the site. At the time of the sale, they were given documents that the site was a legal two-family home. The current owners, were not informed of this change in special permit for use. The petitioner is requesting a Variance to allow the site to become a legal two-family unit again and to allow a Variance to run with the land, not terminate with the owner.
At this time Ms. Cohen opened the Public Hearing.
Joan O’Korn of 15 Mason Street spoke against the petition due to a lack of parking.
Ken Stanton said that the parking in the area is not a problem.
Tom St. Pierre stated that the property is a confusing property and has known the site as a two-bedroom and a three-bedroom unit that is attached to another unit.
Ms. Stein stated that the Special Permit cannot be tied to an individual, and as long as the unit is still owner-occupied, the previous Special Permit is still in effect.
Ms. Glynn said that she wants to allow her clients to have the matter cleaned up and not have to be tied to the unit being owner-occupied.
Ms. Cohen agreed with Ms. Stein and stated that a variance can be issued to allow the unit to be owner-occupied, not tied to the current owners.
At this time Ms. Cohen closed the public hearing, as there were no other members of the public wishing to speak on this issue.
A motion to grant the petition, with conditions, was made by Robin Stein, seconded by Nina Cohen, and approved 4-1, Ms. Belair opposed.
Public Hearing – Request for Variance from off-street parking regulations – 118 North Street – B-1 District – Mary Muburn.
Atty. Mary Muburn spoke of behalf of the petitioners, David and Patricia King.
Ms. Muburn gave a brief presentation regarding the proposed use of the property as a psychotherapy home business. She presented a plot plans, an affidavit and photographs of the site showing the proposed parking for the home business. She stated that the petitioners will only use one room in the property for their home business and they will only see one patient at a time between the two of them.
Ms. Cohen asked if there were any questions by the Board.
Steve Pinto asked for clarification of how many patients and practitioners there would be.
Ms. Muburn stated that the petitioners are the only practitioners and that they are a husband and wife. There will only be one patient on the premise at a time and one or the other of them will attend this patient.
At this time Ms. Cohen opened the public hearing.
Mary Woodcock, owner of Leslie’s Retreat restaurant, spoke in opposition to the petition. She cited inappropriate use of her parking lot by non-patrons of her restaurant and questioned if the future growth of the petitioners’ business, or another business after theirs, would have a negative impact on the area.
Ms. Cohen asked if there were any other members of the public wishing to speak on this petition.
Ms. Stein stated that she is sympathetic to the congestion in the neighborhood, but she understands that commercial uses may not have parking available in this area, and as long as there is a contingency that only one patient will be seen at a time, she would be in favor of the petition.
Mr. St. Pierre stated that this restriction can be included in the final decision as a condition of the approval for the Variance.
At this time Ms. Cohen made a motion to approve the petition, with conditions, seconded by Robin Stein and approved 5-0.
Public Hearing – Request for Variance from side setback requirements – 11 Williams Street – R-2 District – Shannon Engelhardt.
Max Engelhardt spoke on behalf of his wife, Shannon Englehardt.
Mr. Engelhardt gave a brief presentation to the Board including renderings and a plot plan. He and his wife are proposing to build a ten (10) foot by fifteen (15) foot deck in the rear of their house to allow for a second means of egress for the second floor and to block off the existing stairway which is used as a common means of egress for both the top and bottom units. They wish to block off the lower level and create their own stairway for egress from the top unit as a second means of egress for their unit. The upper level of the structure is owner-occupied.
At this time Ms. Cohen opened the public hearing.
Louis Polys of 9 Williams Street spoke opposed to the petition due to the proximity of the subject property to her own and the necessity that workers for the deck would have to access the subject site through her yard. This has occurred in the past and has caused some damage to her property.
Ms. Polys also requested that any work that should be done that requires access to the site through her property should furnish her with proof of insurance prior to the start of work.
She also said that the building is not on a foundation, but is build on the soil. She provided pictures.
Tom St. Pierre agreed that the structure is not sound.
Ms. Cohen asked if there were any other members of the public wishing to speak on this petition. There were none.
Beth Debski made a motion to approve the petition, with conditions, seconded by Ms. Cohen, and approved 5-0.
Public Hearing – Request for Variance from off-street parking regulations – 14 Gardner Street – R-2 District – David Cote.
Atty. John Keilty spoke on behalf of the petitioner, David Cote.
Mr. Keilty gave a presentation to the Board regarding the request for a second curb cut and variance from parking requirements under Section 7-3(d). He explained that his client bought the property in 1991 and had come to the ZBA in 2003 but it was not clear at that time if they were seeking relief to construct a driveway or were appealing the Building Inspector’s decision directly. This petition was denied. They currently share a parking garage with their neighbors that straddles their property line. He provided a plot plan showing the subject site and the property lines indicated above. The curb cut has existed for some time, but there is no evidence to claim that it is a pre-existing, non-conforming access for a parking space.
Ms. Cohen asked how far away from the abutter’s residence was the driveway.
Mr. Keilty stated that the paved area is virtually on the side yard and there is very little distance between the house and driveway. Mr. Keilty presented a petition signed by eight (8) of the neighbors on Gardner Street stating that they are not opposed to the petition.
Mr. Cote addressed the Board and stated that the driveway is seven and one-half (7 ½) feet wide and was about six (6) inches shy of the required width of the parking spaces in the ordinance.
At this time Ms. Cohen opened the public hearing.
Ed Scialdoni of 16 Gardner Street spoke in opposition to the petition as the site is too close to his building. He presented photos of the site showing the proximity to his house and the existing driveway that they are using. The driveway that was built was constructed after tearing down a fence that was not clear as to who owned the fence ad without asking the neighbors about it. He also stated that the petitioner would not be adding parking on the street as the curb cut is a parking space, but would be taking parking away from the city.
Ms. Debski asked who installed the curb cut.
Tom St. Pierre replied that it was not clear who installed the curb cut, but it was a fairly old curb cut.
Lena Mento of 16 Gardner Street spoke against the petition as parking on the street is difficult due the high density of the area and the petition would take away from the parking stock on the street.
Ms. Cohen asked if there were any other members of the public wishing to speak on the petition. No other members of the public wished to speak on this petition.
At this time Ms. Belair made a motion to approve the petition, seconded by Ms. Debski, and denied 3-2, Ms. Cohen and Ms. Stein dissenting.
Public Hearing – Request for a Special Permit to convert a third unit Dentist office into a residential dwelling unit and a Variance from off-street parking requirements – 421 Essex Street – B-1 District – George Balich.
Mr. George Balich gave a brief presentation including plot plans and photographs to convert the first floor dentist office in to a third unit. The structure currently has two (2) rental units. The project would create an additional unit on the first floor, turn the other two units into condominium units, and create four (4) off-street parking lots. The first floor unit will be approximately 1,200 sq.ft.
Ms. Cohen stated that she would like to see some landscaping.
Mr. Balich pointed out that he would be installing landscaping around the site and was working with the Historic Commission about changing the location of a fence.
At this time Ms. Cohen opened the public hearing.
Bob Dentremont of Danvers addressed the Board and stated that he had no objections to the petition.
Ms. Cohen asked if there were any further questions for the petitioner.
Ms. Cohen made a motion to grant the petition, subject to conditions, seconded by Ms. Stein, and approved 5-0.
Adjournment
There being no further business before the Board, a motion to adjourn was made by Nina Cohen, seconded by Beth Debski and approved 5-0.
The meeting was adjourned at 9:20 p.m.
Respectfully submitted:
__________________________
Daniel J. Merhalski, Staff Planner/Clerk
Salem Zoning Board of Appeals
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