City of Salem Zoning Board of Appeals
Minutes of Meeting
Wednesday, February 13, 2008
A meeting of the Salem Zoning Board of Appeals (“Salem ZBA”) was held on Wednesday, February 13, 2008 in the third floor conference room at 120 Washington Street, Salem, Massachusetts at 6:30 p.m.
Those present were: Robin Stein (chairperson), Richard Dionne, Elizabeth Debski, Rebecca Curran, and Bonnie Belair (alternate). Also present were Building Commissioner Thomas St. Pierre and Amy Lash of the Planning Department.
Business Items
A motion was made by Beth Debski to approve the minutes of January 16, 2008, seconded by Rebecca Curran and approved (5-0).
Public Hearing
Petition of DARREN THOMPSON seeking a Special Permit for a home occupation to operate an internet sales and coffee roasting business at 3 GOODELL ST (R-2).
The petitioner has been roasting coffee in his home as a hobby. He would like to turn his hobby into a business and roast coffee to sell over the internet.
Rebecca Curran asked if customers would come to the home to purchase coffee. The petitioner responded no. Rebecca asked whether roasting created odors. The petitioner said that 90% of the odor was eliminated by a new machine he purchased, and the remaining odor depends on the roast.
Rick Dionne asked if the petitioner plans to have other employees. The petitioner said no, he would be the only one for now and he plans to do it part-time in addition to his current job.
Bonnie Belair asked what the hours of operation would be. The petitioner said he would continue to do the roasting around 8:00 or 9:00 pm, like he does currently.
JB Master (7 Goodell Street) has lived next door to Darren Thompson for 10 years. He stated that Mr. Thompson has been a good neighbor, he has not noticed odors from the coffee roasting, and he is in support of the petition.
Gregory Turpin (a resident of Peabody) spoke in favor of the petition saying he enjoys Mr. Thompson’s coffee.
Robin Stein said it seemed like a good business, but she would not want sales out of the house. She would also only want one (1) or two (2) employees.
Building Inspector, Tom St. Pierre, noted that the Zoning Ordinance already limits the number of employees for home occupations to no more than one (1) not residing at the dwelling. The ordinance also limits the size of the sign.
Rick Dionne asked what the business would be called. Darren Thompson said he plans to call his business Witch City Roasters.
Rebecca Curran made a motion to grant the request for a special permit, subject to three (3) standard conditions and the special condition that no retail sales take place at the home. The motion was seconded by Rick Dionne and approved (5-0) (Stein, Debski, Dionne, Belair, Curran).
Petition of DOMINIC MONDI seeking a Special Permit for a change in nonconforming use to allow for a photocopy and print shop at 40 BOSTON STREET (R-2).
Attorney Sally Calhoun presented the petition along with the petitioner, Dominic Mondi. Atty. Calhoun explained that they are requesting a special permit for a change in nonconforming use to allow the professional offices at 40 Boston Street to become a photocopy and print shop. She said that it was a minor change to make the use compliant. She said the building is currently vacant.
Tom St. Pierre mentioned that the building has houses several nonconforming uses over the years and the petition was being done as a technicality.
Rebecca Curran asked if there was any parking. Dominic Mondi said there is parking in front of the building and around the corner; parking is not allowed where Boston Street splits into two lanes.
Atty. Calhoun explained that due to the internet, more and more of her clients business was done electronically rather than in person.
Robin Stein asked how many people worked in the building at 40 Boston Street when it was used as a law office. Dominic Mondi said he believed there were five (5) employees at 40 Boston Street at that time.
Rebecca Curran asked how many people the copy and print shop employed. Dominic Mondi said one other besides himself.
Tom St. Pierre asked how long he had been in business. Dominic Mondi said he had been operating his business in another location for twenty (20) years.
Bonnie Belair asked whether the petitioner would be buying or renting. The petitioner said he would be buying.
Robin Stein said she felt this use was no more intense.
Rebecca Curran asked what the hours of operation were. The petitioner said he is typically open 8:00 am - 4:30 or 5:00 pm during the week.
Rick Dionne made a motion to approve the request for a special permit for a change in nonconforming use subject to seven (7) standard conditions and (1) special condition that there be no more than five (5) employees. The motion was seconded by Beth Debski and approved (5-0) (Stein, Debski, Curran, Belair, Dionne).
Petition of MICHAEL MCLAUGHLIN seeking a Variance from lot area per dwelling unit and a Special Permit to modify an existing non conforming structure to retain the fifth and sixth units at 22 PRINCE STREET (R-3).
Petitioner, Michael McLaughlin recently purchased 22 Prince Street in the Point Neighborhood. He said the building had historically been used as a six (6) unit building and that it had two means of egress. He said he had an agreement with the Building Inspector to vacate two (2) units. Because the space exists, he would like to maximize his investment and keep six (6) units. He said he would prefer to have modest one (1) bedroom units without kids in the school system than larger units with more bedrooms. He said he knows there is a parking problem in the Point, but he feels the neighborhood has absorbed the parking for these units already. He feels that there is sufficient on street parking on this block because parking is allowed on both sides of the street, and the neighborhood park also has a parking
lot. He said this was his first property investment in the Point, though he owns a business on Jefferson Avenue which he fixed up. He would like to make the Point property a nice place for people to live. He said if he was not granted the two units he would turn the building into subsidized housing.
Rebecca asked how many bedrooms the units had. The petitioner said there are four (4) two bedroom units, and two (2) one bedroom units. The units are approximately 600-700 square feet.
Rick asked about fire protection. The petitioner said he put in a fire alarm panel in September and is in compliance as of the conveyance date in September.
Rebecca asked Tom St. Pierre whether this triggered sprinklers. Tom said it would usually be triggered by a renovation, but since the units are already there he is not sure. Tom St. Pierre said the property owner had complied with his order to abandon the units.
Bonnie asked if the other units were rented. The petitioner said yes, they are rented.
Robin asked whether he planned to do work on the whole building. The petitioner said that he planned to give the whole building a face lift and feels it would work better as a six unit building rather than a building with larger subsidized units.
Beth asked if there is any parking on site. The petitioner said there was one (1) driveway where two (2) cars could park one in front of the other.
Beth asked what the petitioner means by subsidized housing. The petitioner said his alternate plan would be to connect the second and third floors to create a unit with at least four bedrooms which he would offer to students at Salem State College or accept Section 8 vouchers.
Linda Locke (1 Pickering Street) who owns the abutting property at 44-46 Dow Street, was not present, but submitted a letter opposing to the petitioner’s request which was read aloud at the hearing.
Rebecca Curran asked whether this type of building was typical in the neighborhood. Tom St. Pierre said that yes, this building was typical.
The petitioner said the building is surrounded by similar buildings with a similar number of units.
Robin Stein said she is usually conservative with allowing increases in density, but in this case the units have already been existing and they are talking about what to do with them now.
Rick asked whether each unit had separate kitchen facilities. The petitioner said yes.
Robin is happy to see somebody improving the building and feels this could be a less intense use than fewer but bigger units so close to the college.
Beth Debski said that a unit with four bedrooms near the college might end up housing eight students with eight cars.
Robin Stein reviewed the relief needed.
Bonnie Belair made a motion to approve the request for variances from lot area per dwelling unit and parking requirements, and a special permit to modify an existing nonconforming structure. The motion was seconded by Beth Debski and approved four (4) in favor (Debski, Stein, Curran, Dionne) and one (1) opposed (Belair).
Petition of PAUL CARRO seeking a Variance for a second curb cut to allow for two new parking spaces and a Variance from minimum stall dimensions and minimum setback to allow the existing four spaces to remain at 7 ENGLISH STREET (R-2).
Petitioner Paul Carro presented the petition. He said that he would like to add parking to the property because the parking in the neighborhood is tight. He said that the parking spaces in the back have existed since the building was used. He said that the second and third units have been sold and the parking spaces in the back have been deeded to those units.
Paul Carro said the first curb cut is considered to be off an unpaved paper street. Robin confirmed that the paper street labeled “Way” is how the parking in the back is accessed. R
Photos were supplied by the applicant. Members of the audience came up to view the plans.
A letter of support from Dawsom Mertz (7 English Street, Unit 3) was read aloud. The letter said he had lived at the property for 11 months and doesn’t have a problem with the size of the spaces.
A letter of support from Heather and Michael Ukstins (7 English Street, Unit 2) was read aloud. The letter said that they understand the motivation for requesting a curb cut and they have no difficulty with the size of the parking spaces in the back.
A letter from Attorney Robert Allison was submitted to clarify any questions which may arise about Gerrish Place, labeled as “Way” on the plan. When the petitioner was before the Board in the past he said his neighbor questioned the ownership of the “Way”
Amy Conrad (5 English Street) is opposed to the second curb cut. She said she has five children in her home and feels this would be dangerous. She know there is a two foot buffer required. She said they visited this in January 2006 and can’t remember if it was withdrawn or denied. She said this was the first building in the neighborhood to be turned into condos.
Robin Stein said she believed it was withdrawn. She said that they don’t have to add the parking when creating condominiums.
Rick asked whether there was a fence. The applicant said yes.
Bonnie asked, are you objecting because you would loose a space on the street? Amy Conrad said no, she does not have problems parking in front of her house. She feels people do not always use the driveways they have so it is unnecessary. She is concerned about safety and cars coming in and out of the driveway.
Matthew Connelly (Cherry Hill Avenue) worked on the driveway in the back. He said he felt some of the neighbors opposition was fear of the units being turned into condos. He said he’s been involved with fixing up the property and knows the goal is to dress the existing property up. He would work with Paul Carro on the driveway in the front and making it safe and attractive like they had done in the back.
David Heisler (7 Essex Street) thanked the petitioner for taking a property that needed help and turning it around. He said he is not necessarily opposed. He is concerned that those that use the proposed driveway will squeeze in three (3) cars and block the sidewalk. He said there is no parking enforcement in the neighborhood. He is concerned that parking will be taken away from the neighborhood as a whole and transferred to the condominium owners.
Andrew Conrad, said his children live at 5 English Street and he feels the driveway will not free up any parking or visually help the neighborhood. He said that people don’t currently park in their driveways. He said the people in the back don’t use their four spaces on a daily basis.
Helen Twardowski (9 English Street) said that the reason the residents don’t park in the back is that there is no space to do so. She said that the car doors open over her property. She said that the parking area in the rear was not always parking and the former owner used it as a back yard. She mentioned there had been a problem with residents of 7 English Street driving on the “Way”.
Robin Stein said that the dispute over the “Way” was not a Zoning Board issue and that it should be handled outside of the Zoning Board Meeting.
Paul Carro said he lives on Daniels Street and he would love to have a parking space.
Amy Conrad said that she would like to keep as much green space in the neighborhood as possible.
Ron Sweeney (16 English Street) is concerned about extra stormwater from the additional impervious surface flowing to Essex Street. He said there is problem with puddles.
Tom St. Pierre noted that if the Board was to approve additional spaces the Engineering Department would require a drainage plan.
Phillip Carro (8 Beach Avenue) said in the rear of the property they put done peat stone so water would seep through.
Beth Debski asked if the intention would be to construct the front like the back. Paul Carro said yes. Rick Dionne suggested that could be a condition. Rick said that he felt this was a difficult area for parking and that they should attempt to get cars off the street.
Robin Stein is concerned about the narrowness.
Bonnie Belair thinks getting cars off the street improves safety.
Robin Stein said that she felt the economic benefit for one person would mean taking something away from the neighborhood as a whole. Rebecca Curran said she agrees with Robin.
Rick Dionne complemented the petitioner for doing a nice job fixing up the property.
Beth said she did not see a problem with allow parking on the side. Rick said he agreed.
Bonnie Belair is not sure she likes that other people are telling the petitioner what to do with parking.
Robin Stein said that was the point of the Zoning Ordinance. She feels the parking benefit is neutral because it takes a spot off the street which would be available to the public. She feels they should clean up the spaces in the back to make them legal for the people they have been deeded to.
The Board decided to take two separate votes on the two requests.
Bonnie Belair made a motion to approve the request for a curb cut seconded by Beth Debski and denied by a vote of three (3) in favor (Debski, Dionne, Belair) and two (2) opposed (Stein, Curran).
Bonnie Belair made a motion to approve the request for variances to allow the existing parking spaces in the rear to remain seconded by Beth Debski and approved (5-0) (Dionne, Curran, Stein, Debski, Belair).
Robin Stein explained to the petitioner and other in attendance that the result of the votes meant that the rear spaces could stay as they are undersized, but the curb cut was denied. She explained the filing and appeal process.
Old/New Business
Update of the Board of Appeals Rules and Regulations
Robin Stein asked whether anybody had comments on the draft of the Rules and Regulations. Nobody had comments. Robin noted that the Board needed to choose a Vice Chairperson and Secretary.
Robin nominated the Beth Debski as Vice Chairperson seconded by Rebecca Curran and approved (5-0).
Robin nominated Richard Dionne as the Secretary seconded by Beth Debski and approved (5-0).
Rebecca Curran made a motion to accept the February 2008 Board of Appeals Rules and Regulations, seconded by Robin Stein and approved (5-0) (Stein, Curran, Debski, Belair, Dionne).
Final revisions to the Notice to Applicants
Robin Stein agreed the current language in the first paragraph of the notice to applicants was unnecessary and the instructions should be to fill out the petition form entirely.
Beth Debski made a motion to accept the revised Notice to Applicants dated February 2008 seconded by Robin Stein and approved (5-0) (Stein, Curran, Debski, Belair, Dionne).
The meeting was adjourned at 8:05 pm.
Respectfully submitted,
Amy Lash, Staff Planner
| 
