City of Salem Zoning Board of Appeals
Minutes of Meeting
Wednesday, April 18, 2007
A Meeting of the Salem Zoning Board of Appeals was held on Wednesday, April 18, 2007 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, Richard Dionne and Annie Harris. Also present was Building Inspector Tom St. Pierre and Associate Attorney John P Bosse.
Members absent: Steve Pinto
Public Hearing - Request for a Variance from lot size to construct a single family dwelling for the property - 0 Defransisco Avenue - R-2 District - Vicki MacLean
Mr. St. Pierre stated that this petition was on the agenda due to an error in his office, explaining that it did not require a variance.
At this point Ms. Harris joined the meeting.
Public Hearing - Request for a Variance from number of stories allowed (2 ½) to create a third floor dormer and a Special Permit to alter a non-conforming structure for the property - 8 High Street -R-2 District - John Capece
Mr. Capece representing his father John Capece Sr., addressed the Board of Appeals in regard to a request for a Variance from number of stories allowed (2 ½) to create a third floor dormer and a Special Permit to alter a non-conforming structure for the property for 8 High Street. Mr. Capece stated that he was renovating a three-family property and wished to add a dormer on the west side of the building, adding a third floor to the rear of the building which would line up with the roof line. Mr. Capece noted that the plan involved removing a fire escape and connecting the dormer to a hallway accessing a staircase.
Ms. Cohen asked if the applicant had addressed the neighbors in regard to the project. Mr. Capece Sr. stated that he had and that the approved of the project. He made the distinction that they would be adding a room, not an entire floor.
Ms. Debski asked if the applicant had a plot plan. Mr. Capece stated that he did not.
Ms. Belair asked if there was off-street parking. Mr. Capece stated that there were two spaces off the side of the house
Ms. Cohen asked if the applicant was living on the property. Mr. Capece stated that neither lived there, and that it was an investment property. He added that Mr. Capece Sr. owned two properties across the street.
Ms. Cohen stated that if the applicant was adding living space to the house he would need to also provide extra parking spaces. Mr. Capece noted that they were not adding a bedroom.
Ms. Harris asked if the staircase was new. Mr. Capece Sr. stated that it was, adding that he had replaced the original staircase because it was rotting.
Ward 3 City Councilor Jean Pelletier commented that he disagreed with the parking issue.
The petition was postponed until later in the evening so that Mr. St. Pierre could clarify an issue regarding the building code of the property.
Public Hearing - Petition seeking relief from off street regulations and a Variance from density requirements to allow an existing building to be converted to two dwelling units - 1 Harrison Avenue - R-3 District - Habitat for Humanity
Ms. Cohen withdrew from this hearing citing her financial interest in one of the petitioning parties.
Ms. Stein made a public disclosure that she has volunteered for Habitat for Humanity.
James Michael Sullivan, representing Habitat from Humanity, addressed the Board of Appeals in regard to a petition seeking relief from off street regulations and a Variance from density requirements to allow an existing building to be converted to two dwelling units, one a four bedroom and the other a three bedroom, for 1 Harrison Avenue. Mr. Sullivan stated that the building was originally intended as a community development center and had been vacant for several years. He stated that the proposal was to convert the building into a two family, owner occupied residence, to be built through volunteer help. He stated that the plan was demolish a portion of the building in order to provide the required parking spaces.
Mr. Sullivan stated that the building would feature clapboard siding, double hung windows, and a flat roof.
Warren Sawyer from Habitat for Humanity stated that construction on the property was slated for June 1st 2007.
Ms. Harris asked if the applicant had a plot plan. Mr. Sullivan provided the Board with a plot plan, noting that the plan decreased the footprint of the building.
Mr. Dionne asked if there would be a roof deck. Mr. Sullivan stated that there would not be a roof deck. Ms. Harris asked why the applicant chose a flat roof over a pitched roof. Mr. Sullivan stated that it was a simpler design and it conformed with the style of the surrounding neighborhood.
Ms. Belair asked what the foundation would be made of, and whether it would need to be reinforced. Mr. Sullivan stated it would be stone, and that they felt it would not need to be reinforced.
Mr. St. Pierre asked if the roof would have a storm water leader. Mr. Sullivan stated that it would.
At this point the meeting was opened to public comment.
Michael Whalen voiced his support for the project, stating he felt that it would be an improvement on the neighborhood.
Ward 1 City Councilor Lucy Corchado read aloud a correspondence on behalf of
Altagracia Gomez, President of the Point Neighborhood Association, in
support of the petition.
Mr. Dionne asked what the square footage would be for each unit. Mr. Sullivan stated that it would be 1,600 square feet per floor.
Ms. Harris requested that the applicant explain their proposal for affordability and home ownership. Mr. Sawyer explained that the applicants would be screened, and typically the owners would be required to contribute 40% of their income, adding that between 30 and 50 years the owners may be required to make a payment of up to 80% of their income.
Ms. Debski asked if there would be a preference to Salem residents. Mr. Sawyer stated that at least one of the owners would previously be Salem residents.
Ms. Harris stated she disapproved of the proposed flat roof, and requested that they consider a pitched roof, noting that it would require less maintenance. Mr. Sullivan stated that they had originally considered having a roof deck, and they would like to keep that option available. He added that there was significant precedence for a flat roof in the neighborhood.
Roberta Hussey of 18 Crombie Street voiced her support of the petition, citing her personal involvement with Habitat for Humanity.
Ms. Stein asked if there was on street parking. Mr. Sullivan stated that it was difficult to find a parking space in the area, adding that the applicants were adding a parking space.
At this point the conditions for the petition were read by Ms. Stein
There being no further questions or comments regarding the matter, a motion was made by Ms. Debski to approve the petition, subject to conditions, seconded by Ms. Stein, and approved (5-0).
Return to Public Hearing - Request for a Variance from number of stories allowed (2 ½) to create a third floor dormer and a Special Permit to alter a non-conforming structure for the property - 8 High Street -R-2 District - John Capece
At this point the Board of Appeals returned to the petition of Mr. Capece.
Ms. Cohen stated that Mr. St. Pierre had confirmed that the property was a legal three family. She asked if the 3 family status had been granted as a grandfather status or if it had been granted as a variance. Mr. St. Pierre stated that the legality of a grandfather status was determined by the 1964-65 time period, adding that voter registration records and tax assessments were sometimes referenced.
Councilor Pelletier suggested that additional parking spaces would be required in the surrounding neighborhood, adding that he approved of the petition.
Ms. Cohen asked if the applicant would be renting the property. Mr. Capece Sr. stated that he would be.
There being no further questions or comments regarding the matter, a motion was made by Ms. Cohen to approve the petition, subject to conditions, seconded by Ms. Stein, and approved (5-0). Ms. Stein did not vote on the approval of the petition.
Public Hearing - Request for a Variance from rear yard setback and lot coverage to construct a single story addition - 22 Chestnut Street - R-1 District - Richard Leavens
Robert Leavens, representing the owner occupant, addressed the Board of Appeals in regard to a request for a Variance from rear yard setback and lot coverage to construct a single story addition for 22 Chestnut Street. Mr. Leavens explained that the plan was to build a laundry room and an exterior porch, stating that they had already received approval from the Historical Commission. He stated that the rear set back would be no more than the existing minimum, extending the non-conformity six feet. Mr. Leavens explained that the owner was handicapped and was unable to access the basement.
Ms. Stein asked if the current lot coverage required a Special Permit or a Variance. Mr. St. Pierre stated that the plan required a Variance.
Ms. Harris asked if the Historical Commission had approved the drawings Mr. Leavens had provided. He stated that they had approved the drawings.
Ms. Stein stated she felt that it was an appropriate project. Ms. Cohen concurred.
There being no further questions or comments regarding the matter, a motion was made by Ms. Harris to approve the Variance, subject to conditions, seconded by Ms. Stein, and approved (5-0).
At this point Ms. Cohen stepped down as Chairperson of the Zoning Board of Appeals.
Public Hearing - Request for a Variance from side yard setback to allow construction of rear addition - 22 Chestnut Street - R-1 District - Nina Cohen & Craig Barrows
Nina Cohen & Craig Barrows addressed the Board of Appeals in regard to a request for a Variance from side yard setback to allow construction of rear addition for 22 Chestnut Street. Ms. Cohen read her submitted statement, stating that the house was a single family attached townhouse built in 1835. She stated that the project required a variance because it was an existing non-conformity with zero setback. Ms. Cohen stated that the existing footprint would be altered, but not increased, adding that the reconstruction would include updating the heating system, an expansion of the kitchen area and a reconditioning of the rear entry way.
Ms. Stein, as chair of the Board, addressed the issue that one could perceive a perception of bias amongst the Board of Appeals members in regard to this hearing, and assured the public that Ms. Cohen would not be favored by the Board.
Mr. St. Pierre stated that section 8485 allowed the building of an additional as long as it meets the dimensional setbacks, which the property does, with the exception of the side lot line which shares the party wall. He stated that this was what required a variance, adding that the Special Permit did not apply because it is not a three family house.
At this point the meeting was opened to public comment. Anthony Stella of 24 Chestnut Street asked if the project had been approved by the Historical Commission. Ms. Cohen stated that it had been approved. He also asked what the roof height of the addition would be. Ms. Cohen stated that roof height of the addition would be the same as the current roof.
Ms. Stein commented she felt that the project was a minimal dimensional change and that it met the requirements for granting a Variance.
There being no further questions or comments regarding this matter, a motion was made by Ms. Stein to approve the Variance, subject to conditions, seconded by Ms. Belair, and approved (5-0).
At this point Ms. Stein recognized Ms. Cohen’s last night as a member of the Board of Appeals and thanked her for her contributions.
Public Hearing - Request for Special Permit to go from one non-conforming use to another (Law Office to Professional Office) - 40 Boston Street - R-2 District - Corinna Spinale
Ms. Spinale addressed the Board of Appeals in regard to a Request for Special Permit to go from one non-conforming use to another (Law Office to Professional Office) for 40 Boston Street. She stated that she wished to purchase the property and turn it into a photography studio, noting that she did not intend to make any architectural changes to the building. She added that the hours of operation would by from 9:30 a.m. to 5:00 p.m. Monday through Friday and by special appointment, noting that she did not expect much foot traffic on the property.
Ms. Stein asked how many employees she expected to have. Ms. Spinale stated that for the time being she would be the only employee on the property and she intended to possibly have another employee in the future.
Ms. Belair asked if there was any off street parking. Mr. Spinale stated that there wasn’t any off street parking.
Mr. St. Pierre noted that the property had a history of granted Special Permits. Ms. Stein stated she felt the application seemed like a consistent and less impacting use of the property.
At this point the meeting was opened to public comment.
Meg Twohey of 122 Federal Street requested that the hours of operation and number of employees be included in the application.
Michael Citroe voiced his support for Ms. Spinale’s application.
Mr. St. Pierre asked space would be dedicated to the applicant’s business. Ms. Spinale stated that it was two offices. Ms. Stein stated she would prefer to limit the property to a maximum of 5 employees. Ms. Spinale stated she would like to have the maximum be 6 employees
Ms. Twohey stated that the building was located in a densely populated neighborhood and suggested that six employees would be too many. Ms. Belair reiterated that it be limited to 5 employees. Mr. St. Pierre noted that the conditions of a Special Permit were not final and could be amended.
Ms. Stein suggested that the hours of operation should be broadened to 8:00 a.m. to 6:00 p.m., and by appointment.
There being no further questions or comments regarding this matter, a motion was by Ms. Stein, subject to conditions, seconded by Ms. Debski, and approved (5-0).
Public Hearing - Request for Variance from side yard setback to construct a 10 x 8 mudroom - 10 Conant Street - R-2 District - Edward Byrne
Mr. Byrne addressed the Board of Appeals in regard to a request for Variance from side yard setback to construct a 10 x 8 mudroom for 10 Conant Street. Mr. Byrne stated that the Vriance required because the construction would be about six feet into the setbacks, adding that he had notified his neighbors and they had no objection to the project.
Ms. Stein commented that it seemed like a reasonable request, citing a surplus of lot coverage. Ms. Harris concurred.
Ms. Belair asked what material would be used. Mr. Byrne stated that he would use vinyl siding.
There being no further questions or comments regarding this matter, a motion was made by Ms. Stein to approve the Variance, subject to conditions, seconded by Ms. Harris, and approved (5-0).
Public Hearing - Request for Variance from number of stories allowed (2 ½) to construct a third story addition - 10 Scotia Street - R-1 District - Edward & Heather Mericer
Mr. Mercier addressed the Board of Appeals in regard to a request for Variance from number of stories allowed (2 ½) to construct a third story addition for 10 Scotia Street. Mr. Mercier explained that he wished to refinish his attic and turn it into a livable space. He noted that the addition would not go father out than the porch and would not go higher than the current roof line.
James Hoyghton, contractor for the project, stated that it was a single family house, built in 1853, with a mansard roof and a chimney. He indicated on the drawings where the dormer would be. He stated that there would be 3 double hung windows installed, adding that the project would not involve any additional plumbing.
Ms. Stein asked if they would use the same siding. Mr. Mercier said that the existing siding is aluminum and they would use vinyl for the project.
There being no further questions or comments regard this matter, a motion was made by Ms. Stein to approve the Variance, subject to conditions, seconded Mr. Dionne, and approved (5-0).
Adjournment
There being no further business before the Board, a motion to adjourn was made by Mr. Dionne, seconded by Ms. Debski and approved 5-0.
The meeting was adjourned at 8:37 p.m.
Respectfully submitted:
__________________________
Ian Fullerton, Clerk
Salem Zoning Board of Appeals
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