City of Salem Zoning Board of Appeals
Minutes of Meeting
Wednesday, February 21, 2007
A Meeting of the Salem Zoning Board of Appeals was held on Wednesday, February 21, 2007 in the third floor conference room at 120 Washington Street, Salem, Massachusetts at 6:30 p.m.
Those present were: Nina Cohen, Annie Harris, Elizabeth Debski, Richard Dionne, Bonnie Belair, and Steve Pinto. Also present was Assistant Building Inspector Joe Barbeau, Director of Planning and Community Development Lynn Duncan and Staff Planner Dan Merhalski.
Continuation of Public Hearing – Request for a Variance from maximum height of fences and boundary walls to allow a six (6) foot stockade fence to be constructed on top of a newly constructed stone wall – 28 Marlborough Road – R-1 District - Peter and Cheryl Bagarella.
The Petitioner, Peter Bagarella gave a brief presentation to the Board regarding the project site and the location of the proposed fence for the site. He described the reasons for the request and told the Board that the drainage on the site had required a modification of the grade and this grade change is partly responsible for the need for a taller fence to keep his German Sheppard guard dog within the back yard of the property.
At this time Nina Cohen opened the public hearing.
Ward Four Councilor Leonard O’Leary spoke in opposition to the petition. He stated that the wall the petitioner is seeking to build the fence on top of is actually on city land and this issue needed to be resolved before any fence is constructed on the site.
Dennis Foley of 32 Marlborough Road stated that he is an abutter and he is in favor of the petition.
Tara Barton of 26 Marlborough Road also spoke in favor of the petition.
There being no other members of the public wishing to speak on this matter, the public hearing was closed at this time.
Nina Cohen asked the petitioner if the height of the fence to be added could be reduced to five feet and still serve as an effective means of keeping the dog inside the fence.
Mr. Bagarella stated that five feet would be acceptable.
Ms. Cohen asked if the petitioner would be amenable to a condition that he pursue the matter of resolving the location of the fence with the City as a part of the decision.
Mr. Bagarella agreed that this would be an acceptable condition.
A motion was made by Nina Cohen to approve the request for a variance, with conditions, seconded by Bonnie Belair, and approved (5-0)
Continuation of Public Hearing – Request for Variances from lot size and lot width to allow a structure to be relocated to the lot– 14 Butler Street – R-2 District – Joseph Reither
Attorney Jack Keilty gave a brief presentation on behalf of the petitioner, Joseph Reither, for his request for variances for the property at 14 Butler Street from lot size and lot width to allow a structure to be relocated to the lot. Lot width is 45.5 feet instead of the required 100 feet and lot size is 7,383 sq.ft. instead of the required 15,000 sq.ft.
Attorney Keilty stated that his client would include up to six (6) off-street parking spaces for the site. He stated that the new structure discussed at the last public hearing in January would be constructed in place of the originally requested historic house and that the residence would be owner occupied.
At this time Nina Cohen opened the public hearing.
Charles Pelletier of 12 Butler Street presented a petition in opposition to the proposed variances and spoke in opposition to the petition.
George Sands of 18 Butler Street spoke against the petition due to a lack of parking.
Lori Peckham of 9 Butler Street spoke in opposition to the petition.
Jim Mouskovitz of the Ward 4 Neighborhood Group stated that parking was bad on the street.
Marie Pelletier of 12 Butler Street also stated that parking on Butler Street was difficult.
Councilor Leonard O’Leary spoke in opposition to the petition.
Nina Cohen stated that the applicant had offered to have a condition in the decision that would require him to provide off-street parking for up to six (6) vehicles.
There being no other members of the public wishing to speak on this petition, Ms. Cohen closed the public hearing.
A motion was made by Beth Debski to approve the requested ordinance, with conditions, seconded by Steve Pinto and approved (5-0).
Public Hearing – Request for a Variance from height regulations from the Salem Sign Ordinance – 33 Bridge Street – B-4 District – James Tsitsinos.
Ms. Cohen read a letter from Nation Grid requesting that the petitioner apply to them for permission to located a sign within their power easement. The petitioner, James Tsitsinos, agreed to contact National Grid and to postpone the public hearing until the March 21st Zoning Board of Appeals meeting. A motion to continue the public hearing to 6:30 pm March 21st, 2007 was made by Bonnie Belair, seconded by Nina Cohen and approved
(6-0).
Public Hearing – Request for a Variance from side yard setback to construct an addition – 23 Lemon Street – R-2 District – Mathew Kaminski
Petition of Mathew Kaminski requesting a Variance from side yard setback to construct an addition. Side yard setback will be three (3) feet instead of the required ten (10) feet for the property located at 23 LEMON STREET – R-2 DISTRICT.
The petitioner gave a brief presentation on his request for a variance from side yard setback to construct an addition. The side yard setback will be three (3) feet instead of the required ten (10) feet for the property.
Rick Dionne asked the petitioner if he would be building with a fire-proof material due to the close proximity to the neighborhood and the danger of fire.
The petitioner stated that they would be willing to look into building with fireproof materials.
At this time Ms. Cohen opened the public hearing.
James Bonner or 27 Lemon Street spoke in favor of the petitioner’s request.
Eleanor Robinson of 40 Northey Street spoke in favor of the request.
There being no further members of the public wishing to comment on this petition, Ms. Cohen closed the public hearing.
A motion was made by Nina Cohen to approve the request for a variance, with conditions, seconded by Beth Debski and approved (4-1) Mr. Dionne dissenting.
Public Hearing – Request for a Variance from rear yard setback – 3 Henry Street – R-1 District – Jay Salem.
The petitioner gave a brief presentation to the Board detailing their request for a Variance from rear yard setback from the required thirty (30) foot setback to twenty-three (23) feet for to construct a new sunroom for the property.
Ms. Cohen opened the public hearing at this time.
Carmen Valveri spoke in favor of the petition.
There being no further members of the public wishing to comment on this petition, Ms. Cohen closed the public hearing.
A motion was made by Nina Cohen to approve the petition, with conditions, seconded by Richard Dionne, and approved (5-0).
Continuation of Public Hearing – Request for a Comprehensive Permit to allow the renovation of the former rectory and school buildings, and the construction of a new six-story building – 135 Lafayette Street – R-3 District – Salem Lafayette Development, LLC
Lisa Albergini, David Armitage, Joseph Correnti and Michel Vay appeared on behalf of the petitioner, Salem Lafayette Development, LLC.
Atty. Michael Vay spoke of behalf of the petitioner, the Salem Lafayette Development, LLC and gave a summary presentation from the February 12, 2007 special meeting of the ZBA.
Lisa Albergini of the Planning Office for Urban Affairs, a partner of Salem Lafayette Development, LLC, addressed the Board and gave a presentation detailing the parking for the site and amending their application from the previously proposed six (6) stories to a revised total height of four (4) stories and changing the amount of units from ninety-sev4en (97) to a total of sixty-seven (67) units. She also stated that all forty-five (45) of the units in the new four story building would be affordable units. The remaining twenty-two (22) units in the rectory and school building for the site would be market-rate units. She added that of the 45 units in the new building, fifteen (15) would be condominium units, the remaining thirty (30) units would be rental units. Further, the new parking design would eliminate the
underground parking structure and would result in a total of one0hundref fifteen (1156) above ground parking spaces with forty-five (45) reserved for the proposed Community Life Center on the first floor of the proposed four-story building, and seventy (70) for the housing units. The affordable units in the new building would be preserved as affordable units, in perpetuity.
Ms. Cohen reviewed the aspect of the 40B statute that requires all comprehensive permits to provide a community benefit. She stated that the need for affordable housing is great in Salem and that the affordable units, would be a great benefit to the residents of the city. She further stated that the community life center would also be a good benefit to the residents of the community, however, she also has some design concerns. She also stated that she thought a recommendation could be to have the Design Review Board review the project to address these concerns.
Ms. Albergini stated that there has been a lot of design input provided through the planning board process and that the design has been changed considerably through that process.
Lynn Duncan, Director of Planning and Community Development stated that many communities use the Planning Board in lieu of a Design Review board and that Salem uses the Planning Board in this capacity when the project is not within the Design Review Board’s jurisdiction, as with this project.
Rick Dionne stated and that he liked the design and the community life center, but wanted the density to be reduced.
Steve Pinto asked about the original design of the building and for a summary of the changes.
Ms. Albergini described the changes in the design on the artist’s rendering for the site.
At this time Ms. Cohen opened the public hearing.
T.C. Reilly-Gogin spoke about a regional plan for the area that the developer referenced and asked if the developer included the senior center in the data.
Ms. Albergini stated that they did not..
Meg Twoey of 122 Federal Street said that she spoke on behalf of Historic Salem and stated that the Design Review Board should see the proposal and comment to the ZBA before the ZBA takes action on the petition.
Jerry Parisella, the Assistant City Solicitor, stated that the statute prohibits sending the petition to another board for review.
Ward Two Councilor Michael Sosnowski asked if the ZBA was there to review a friendly 40B application or if they were just looking at details?
Ms. Cohen stated that the application they were reviewing was for a friendly 40B project.
Councilor Sosnowski stated that a 40B application essentially allows the zoning ordinance to be set aside.
Attorney John Carr addressed the board and stated the project was going to be six stories and 97 units, and now it is reduced to four stories and 67 units, and that the developer should have submitted the correct design height and density. He further stated that the ZBA can reject this proposal as it is a friendly 40B and that the project could set a dangerous precedent of other 40B applications in Salem. He added that the Board should wait until the public hearing is over before they stated their opinions on the project.
Councilor-At-Large Joan Lovely stated that the financial cost per square foot is too high for the proposed Community Life Center and the ownership for the city of the parcel is not yet determined.
Ms. Albergini stated that the ownership is not determined because the financing vehicle has not yet been decided upon and won’t be until the project move forward. There could be any number of different types of ownership options from leasing to condoization to donations, etc.
At this time Rick Dionne left the meeting due to a prior commitment.
Darrell Lebivici of 122 Federal Street questioned the appropriateness of a 40B and stated that the massing is ok now with the revision to four stories.
Cheryl Walker of Lafayette Street stated that the process has taken too long.
Mr. Blatty stated that it is disturbing that the funding and ownership of the Community Life Center are not set yet. Traffic is also a consideration that is not resolved yet.
Kathy Meadowcroft stated that 1 parking space per unit is not enough.
Jim Moskowitz of 10 Rawlins Street stated that the project with the 40B process and said that this is a good project compared to Peabody’s project.
John Walsh stated that seniors usually use the existing senior center is mostly used during the day and that the proposed center will have enough parking spaces.
Arbella Ciciano of 25 Perkins Street stated that the affordable housing for the project is a great benefit for the community.
Frank Silva of 6 Gable Circle stated that there is a need for affordable housing in the point neighborhood.
Ward One Councilor Lucy Corchado stated her support for the project and submitted a petition of residents in favor of the project. She further stated that this project addresses the needs of the community for affordable housing and will be a good project for the city.
Ms. Cohen asked if David Jaquith of the Design Review Board wanted to speak.
Mr. Jaquith stated that the Design Review Board has performed review services for other projects for the ZBA in the past, but that they have plenty of work to do in the area that they have jurisdiction over.
Ms. Cohen asked the Board if they wanted the Design Review Board to review the project as it had been considered a bad design by Historic Salem, Inc.
Ms. Harris asked if the public hearing was closed?
Ms. Debski said that the request should come in the form of a motion but that there were other members of the public who may wish to speak tonight.
Ms. Cohen asked if there were any other members of the public who wished to address the Board tonight?
Linda Locke stated that she thinks that there is a need for a children’s center to be open beyond 4:00 pm and on the weekend, but that many seniors want their own location.
Lynn Duncan stated that she did not think that the Design Review Board in the past did not go beyond their jurisdictional area.
Eleana Servich stated that the Community Life Center is a good part of the project, but that parking and traffic are an issue that should be resolved.
John Carr addressed the board again and stated that the Board needed more information.
At this time Ms. Cohen closed the public hearing.
Ms. Harris stated that she thought the project was greatly improved as revised to four stories and that she would like to move the project forward tonight, with conditions.
Ms. Belair stated that she thought that the Board had hear all of the information they needed to make a decision, the project is improved with the revisions, and even thought the funding is not certain, she has faith in the developer that they are not going to leave overnight and that the project should be voted on tonight. She also stated that affordable housing is a great benefit for the city.
Ms. Debski echoed Ms. Belair’s comments and stated that this is a great project for the city. She also stated that the affordable housing will be created and the Community Life Center is a good addition to the project. The funding will be worked out by the city council and she thought that the Board should work to put together a decision tonight.
Mr. Pinto stated that the reduction to a four-story building took away a lot of the density questions and that the project with affordable housing was good for the community. He also stated that he thought the Board should go forward with a vote tonight.
Beth Debski stated that the Planning Board chair spoke about the project’s design changes and that the Planning Board worked very hard to work through the process of deign review and that they did not need to go to the Design Review Board.
Ms. Duncan stated that she had a draft decision with conditions that she had prepared for the board in anticipation of a possible vote this evening and that she could guide the board through the decision.
John Carr objected stating that the public hearing was over and left the meeting.
Ms. Duncan led the board in a review of the draft decision.
Following the discussion of the draft decision, a motion was made by Nina Cohen to approve the Comprehensive Permit, with conditions, seconded by Annie Harris and approved (5-0).
Old/New Business
None.
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 10:50 p.m.
Respectfully submitted:
__________________________
Daniel J. Merhalski, Staff Planner/Clerk
Salem Zoning Board of Appeals
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