City of Salem Zoning Board of Appeals
Minutes of Meeting
Wednesday, March 21, 2007
A Meeting of the Salem Zoning Board of Appeals was held on Wednesday, March 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, Richard Dionne, Elizabeth Debski, Robin Stein and Steve Pinto. Also present was Building Inspector Tom St. Pierre and Staff Planner Dan Merhalski.
Discussion about election of new chair
Ms. Cohen stated that this would be her last ZBA meeting and that she had enjoyed working with the board, but it was time for her to step down. She stated that she would be submitting a letter of resignation to the Mayor shortly and suggested that the board elect a new chair for the next regularly scheduled meeting on April 18th, 2007.
Ms. Debski stated that there were a number of members who’s terms were expiring in May and that she thought that they should wait until then to discuss the election of a new chair.
Mr. Pinto agreed with M. Cohen and stated that they weren’t sure if they would all be reappointed or not and it made sense to wait until the Mayor had decided the board’s makeup before electing another chair.
Ms. Harris agreed with Ms. Debski and Mr. Pinto.
No members of the board objected to waiting until the re-appointments/appointments had been made in May to elect the new chair.
Continuation of Public Hearing – Request for a Variance from height regulations from the Salem Sign Ordinance - 33 Bridge Street – B-4 District - James Tsitsinos.
The Petitioner, Mr. Tsitsinos gave the board a brief presentation with pictures detailing the location of the proposed sign on the structure. He also provide a copy of an e-mail sent to him and the City from Earl Washington of National Grid stating that the petitioner did not need to receive approval from National Grid to erect their sign as it would not extend above the roof line of the existing, structure.
At this time Ms. Cohen opened the public hearing.
There were no members of the public who wished to speak on the petition.
At this time Ms. Cohen closed the public hearing.
A motion was made by Richard Dionne to approve the request for a variance, with conditions, seconded by Nina Cohen, and approved (5-0).
Public Hearing – Request for Variances from rear yard setback from the required thirty (30) foot setback to approximately sixteen (16) feet and from lot coverage from the required thirty-five percent (35%) to approximately forty-three percent (43%) from the existing forty percent (40%) to construct a kitchen addition – 26 Briggs Street – R-2 District – Linda Tull.
The petitioner, Linda Tull gave the board a brief presentation detailing the proposed addition. She stated that the footprint of the structure would require a Variance, but that it would only extend out one (1) additional foot from the exiting deck.
Mr. St. Pierre pointed out that the proposed bay window for the addition would have to be included in the setback and would result in a setback variance of fourteen and one-half (14 ½) feet.
The petitioner stated that the addition would be a kitchen addition and that her neighbors were in support of her petition.
At this time Ms. Cohen opened the public hearing.
No members of the public wished to comment on this petition.
At this time Ms. Cohen closed the public hearing.
A motion was made by Annie Harris to approve the requested variances, with conditions, seconded by Richard Dionne and approved (5-0).
Public Hearing – Request for a Variance from lot size to subdivide a parcel – 12 Larkin Lane – R-1 District – Melissa Shea.
The petitioner, Melissa Shea, gave a brief presentation to the board describing the proposed division of the existing lot into two (2) new lots without the required area or frontage.
Mr. Pinto stated that the lots in the subject area are of a similar size to that which was proposed.
Mr. St. Pierre stated that the petitioner was planning on going before the Planning Board for an Approval Not Required (ANR) decision following the ZBA’s decision this evening.
At this time Ms. Cohen opened the public hearing.
Brian Norris of 10 Larkin Lane asked if the division would put the lots back to their original configuration.
Ms. Shea stated that they would and that they had been combined in the past but would now be re-divided.
Paul Kelly of 14 Larkin Lane stated that he had various water issues with drainage on his lot after an adjacent house was built, but that he did not object to the proposed lot split.
There being no further members of the public wishing to speak, Ms. Cohen closed the public hearing.
A motion was made by Nina Cohen to approve the request for variances from lot area for both parcels and for a waiver from frontage for the parcel to be created at 19 Victory Road, with conditions, seconded by Robin Stein and approved (5-0).
At this time Mr. Pinto left the meeting.
Public Hearing – Request for a Special Permit to re-construct a residence – 28 Essex Street – R-2 District – John Swenbeck
The petitioner, John Swenbeck or 10 ½ Bentley Street gave a brief presentation to the board detailing his request for a special permit. He explained that he had been doing interior renovations at the site and that the total cost had gone above fifty percent (50%) of the building’s value and had therefore triggered the need for a special permit to be obtained. He also stated that the site would be a two-family residence and that it would be owner-occupied.
At this time Ms. Cohen opened the public hearing.
There being no members of the public who wished to speak on the petition, Ms. Cohen closed the public hearing.
A motion was made by Robin Stein to approve the request for a special permit, with conditions, seconded by Beth Debski and approved (5-0).
Public Hearing – Request for a Special Permit to allow for an automobile electronics business – 471 Highland Avenue – B-2 District – Michael I. Giller.
The petitioner, Michael Giller, gave a brief presentation to the board in which he described the kind of business he was proposing for the site and that he would be leasing space from the existing business, Malone Fence Company, which would continue to operate on the site.
The owner of Malone Fence Company gave his verbal consent to allow the petitioner to lease the site and apply for the Special Permit.
At this time Ms. Cohen opened the public hearing.
Mary Jane Trembly spoke in favor of the petition.
Ward Three Councilor Jean Pelletier spoke in favor of the petition.
There being no further members of the public wishing to speak on the petition, Ms. Cohen closed the public hearing.
A motion was made by Annie Harris to approve the special permit, with conditions, seconded by Nina Cohen, and approved (5-0).
Public Hearing – Request for Variance from the height requirement of two and one-half (2 ½) stories to three (3) stories to construct an addition – 4 Fairview Avenue – R-1 District – Sandy Norton and Lisa Pennick
The petitioner was represented by Richard Griffin, Architect, who gave the board a brief presentation describing the proposed addition. He stated that the height of the roof would remain the same as it is presently.
At this time Ms. Cohen opened the public hearing.
There being no 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 request for a variance, with conditions, seconded by Robin Stein and approved (5-0).
Public Hearing – Request for Variances from lot area, side yard setback and rear yard setback to adjust property lines – 2-4 and 6-8 Hayward Street – R-1 District – Carroll Ayers.
The petitioner, represented by a member of Carol Ayer’s law firm, gave a brief presentation describing the proposed land swap on the adjacent parcels of 2-4 Hayward and 6-8 Hayward street. She stated that on the plans lot “A1” would be combined with lot B, and lot “B1” would be combined with lot A. She further stated that the petitioner would apply to the Planning Board for an Approval Not Required (ANR) approval to divide the lots along the new property lines.
Tom St. Pierre stated that lot B would need a waiver of frontage with the new division.
At this time Ms. Cohen opened the public hearing.
Mary Jane Trembly stated that she is the real estate agent for the owners of the parcels and is in favor of the petition.
Mary Woodcock representing Clark Realty of 29 Foster Street stated that she had concerns with the project about drainage and debris that had built up near her property line adjacent to the site and that the owners of lot B would be inheriting these issue, but she is not opposed to the division.
There being no further members of the public wishing to speak on this petition, Ms. Cohen closed the public hearing.
A motion was made by Annie Harris to approve the petition, with conditions, and a waiver from frontage for lot B, seconded by Beth Debski, and approved (5-0).
Public Hearing – Request for Variance from the required number of stories of two and one-half (2 ½) to construct a dormer addition – 135 North Street – R-2 District – Jason and Stephanie Wachtel.
The petitioner, Stephanie Wachtel, gave a brief presentation to the board detailing the proposed dormer addition for a new nursery. She stated that she had sent notices to the abutters, but had only been able to speak with half of them. Those that she spoke to were in favor of the petition. She also presented the board with a letter in support of the petition from Ward six councilor Paul Prevey.
Ms, Cohen asked the petitioner if she would consider double-hung windows and changing the design of the dormer to better fit in with the area.
Ms. Wachtel stated that she would be willing to consider it.
At this time Ms. Cohen opened the public hearing.
There being no members of the public wishing to speak on this petition, Ms. Cohen closed the public hearing.
A motion was made by Nina Cohen to approve the petition, with conditions, seconded by Robin Stein, and approved (5-0).
Public Hearing – Request for a Special Permit to allow a third (3) unit at the site and a Variance from side yard setback to allow construction of a three (3) story deck – 38 Essex Street – R-2 District – Douglas Hayes
The petitioner was represented by Nathan Bosolides of Peabody. Mr. Bosolides gave a brief presentation to the Board detailing their request for a Special Permit and variances. to allow a third (3) unit at the site and a Variance from side yard setback to allow construction of a three (3) story deck for the property. He also stated that the on site garages were rented out to the residents of the site with one (1) garage rented to an off-site individual who used it to repair antique cars.
At this time Ms. Cohen opened the public hearing.
Atty. John Carr spoke on behalf of Linda Moustakis and stated that they opposed the petition on the basis that there were no grounds for the variance.
Linda Chambers, the next door neighbor, stated that she was in support of the petition.
Mr. Bosolides gave a brief rebuttal to Atty. Carr’s statement regarding grounds for a variance. He stated that the project was not derogating from the intent of the Salem Zoning Ordinance as many properties in the area are multi-family residences.
At this time Ms. Cohen closed the public hearing.
Ms. Harris stated that she was uncomfortable with the concept of a use variance, which is what this petition amounted to.
Ms. Cohen stated that this would seem like spot zoning.
Ms. Stein stated that page 54 of the Salem Zoning Ordinance contains language that seems to give the board the right to pass use variances.
Ms, Cohen stated to the petitioner that there did not appear to be support for the petition from the board and asked if the petitioner would like to withdraw their application without prejudice and return to the board with a better project in the future.
The petitioner requested to withdraw the application without prejudice.
Atty. Carr objected to the request and the board’s suggesting it to them.
A motion was made by Nina Cohen to accept the petitioner’s request for a withdrawal without prejudice, seconded by Robin Stein and approved (5-0).
Public Hearing – Request for a Variance from side yard setback from the required ten (10) foot setback to approximately four (4) feet to construct a kitchen addition – 11A Andrew Street – R-2 District – Lynn Turner
The petitioner, Lynn turner, gave a brief presentation to the board detailing the project and presented pictures of the site for the kitchen addition. She also presented a letter written by the co-owner of 11 Andrew Street in support of her petition.
At this time Ms. Cohen opened the public hearing.
There being no members of the public wishing to speak on this matter, Ms. Cohen closed the public hearing.
A motion was made by Richard Dionne to approve the petition, with conditions, seconded by Robin Stein, 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 Richard Dionne and approved 5-0.
The meeting was adjourned at 9:19 p.m.
Respectfully submitted:
__________________________
Daniel J. Merhalski, Staff Planner/Clerk
Salem Zoning Board of Appeals
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