Zoning Board of Appeal
Meeting Minutes
November 14, 2007
A meeting of the Salem Zoning Board of Appeals (“Salem ZBA”) was held on Wednesday, November 14, 2007 in the third floor conference room at 120 Washington Street, Salem, Massachusetts at 6:30 p.m.
Those present were: Robin Stein (chairperson), Rebecca Curran, Beth Debski, Annie Harris, and Bonnie Belair (alternate). Also present were Building Commissioner Thomas St. Pierre and Amy Lash of the Planning Department.
Members absent: Richard Dionne and Steven Pinto (alternate)
Business Items
Approval of October 17, 2007 Meeting Minutes
Annie Harris suggested two changes to the October 17th meeting minutes; the minutes were approved with these changes 5-0 (Stein, Debski, Harris, Curran, Belair).
Public Hearing
Petition of Gary Parker requesting a Variance from number of stories allowed (2 1/2) to allow a third floor shed dormer for the property located at 10 LARCHMONT RD [R-1].
Petitioner, Gary Parker presented the petition. He held up the plans for his residence for the Board to see. Robin Stein asked him to describe the petition. He said that with the addition of the dormer the total height would be less than the maximum height allowed of 35 feet, and he believed it would be about 30.9 feet. He said the proposed dormer would be at the rear of the house. He passed around photos showing neighboring residences to show that the addition would not be out of scale with the neighborhood.
Bonnie Belair asked, would there be plumbing? The petitioner said no there wouldn’t be plumbing.
The petitioner described the dimensions and said that the dormer would add about 500 square feet.
Annie Harris asked for clarification what side was the front and what side was the back. The petitioner said the dormer was proposed on the rear side, and pointed to the location on the plans and the photos. The petitioner presented a sketch showing the dimensions of the lot. He said that there was 66 feet between the rear of his residence and the rear property line, and 80 feet between the rear of the residence and the residence on the next property.
Annie said that the only concern she has is the application did not have a statement on why the dormer is needed and why the relief should be granted. The petitioner said that his family needs more space.
Annie said moving forward she wants to see the explanation of why a variance is needed on the application form.
Beth asked Tom St. Pierre if a variance from height was needed. Tom said no, it was only from the number of stories and that the proposed dormer would be a 1/2 story higher than what was allowed.
Bonnie Belair made a motion to approve the request for a variance subject to seven (7) standard conditions. The motion was seconded by Rebecca Curran and approved 5-0 (Stein, Harris, Curran, Debski, Belair).
Robin Stein explained to the applicant that the decision would have to be filed with the clerk and that the 20 day appeal period would have to pass with no appeals before a building permit could be obtained.
Petition of Robert Cucurull requesting to appeal the Building Inspector’s decision to deny a sign permit for All Star Collision located at 171 BOSTON STREET in the Entrance Corridor Overlay District.
The petitioner was not present, though another employee of AllStar Collision was. The other employee said that Robert Cucurull was going to try and make it and she would call him to see where he was. Robert Cucurull was reached over the phone, he was not going to be able to make the meeting.
Robin Stein disclosed that at one time prior to joining her firm, her firm was involved with All Star Collision in some way, thought she does not believe she has ever met the applicant.
Though there was an employee of AllStar collision present, Robin Stein said she thinks it would be unusual to go forward without the petitioner there. Bonnie Belair said she felt he should really be there and that since he wasn’t the decision could be appealed. She said that the employee’s name wasn’t on the petition and hasn’t properly been given authority to represent the petitioner.
The Board decided to continue the petition the next meeting on the condition that a signed extension form was submitted.
Old/New Business
Discussion- Revised Board of Appeals Application Package
Robin Stein said that she thinks the new application package is a big improvement. She asked if the Board wants to require certified plot plans for all applications. Tom St. Pierre said he thinks that would be too costly to those applicants who are only doing something like a dormer. Robin said she wanted to have the discussion. Tom said for 1 and 2 family homes they used to just require a mortgage plan. Rebecca Curran said in Marblehead that they require instrument surveys when something is within a few feet of a lot line. She said she liked how Salem does not always require the applicant to spend a lot of money.
Annie Harris said that one of the applications in front of them tonight was incomplete and that they should no longer be accepting incomplete applications. She said that she liked the example statement on the new form. Rebecca Curran said in Marblehead the staff signs off when they receive a complete application. Amy said she could hold of from getting an application stamped by the clerk until it’s complete. She believes the new application form will encourage the application to fully explain what they are asking for. Robin Stein said she thinks that they should give the new application a few months to see how it is working.
Beth Debski asked whether statements could be required for Special Permits when it wasn’t something required in the ordinance. Robin Stein said yes, because the Board is allowed to adopt rules and regulations.
Tom St. Pierre is going to check with Building Commissioners in other communities to see what they require for plot plans and get back to the Board. At the next meeting the Board will make final adjustments to the new application package and take a vote to officially start using it.
2008 Meeting Schedule
Amy will revise the 2008 Meeting Schedule to avoid holding a meeting during a school vacation and the Board will take a vote at the next meeting to adopt the 2008 schedule.
Adjournment
The meeting was adjourned at 7:15 pm.
Respectfully Submitted,
Amy Lash, Staff Planner
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