City of Salem Zoning Board of Appeals
Minutes of Meeting
Wednesday, March 12, 2008
A special meeting of the Salem Zoning Board of Appeals (“Salem ZBA”) was held on Wednesday, March 12, 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 Annie Harris. Also present were Lynn Duncan and Amy Lash of the Planning Department.
Business Items
A motion was made by Rebecca Curran to approve the minutes of February 13, 2008, seconded by Robin Stein and approved (5-0).
Public Hearing
Petition of JOHN DONAHUE seeking the variances necessary to allow for a building located at 60 FEDERAL STREET to be moved to 90 SUMMER STREET [R-2]. Variances are being requested from minimum lot area, minimum lot area per dwelling unit, minimum lot width, maximum lot coverage, depth of front yard, depth of side yard, depth of rear yard, and parking requirements.
The Petitioner, John Donahue, thanked the board for scheduling a special meeting. He explained that there are tight time constraints imposed by the State who would like to start the Courthouse project. He said the State would have liked the homes moved days ago.
John Donahue presented the Board with the plan on the neighborhood from 1874 and said that his lot at 90 Summer Street had once been two lots- 90 Summer Street and 9 Downing Street. The house at 9 Downing was destroyed in the Salem Fire and not rebuilt. He presented the Board with a list of other lots in the neighborhood and the square footage of these lots. He also submitted photographs of the building at 60 Federal Street, and his lot at 90 Summer Street. He submitted a written statement to accompany his application and mentioned that his proposal would save the nearly 200 year old home and would fit with the character of the neighborhood.
Meg Twohey (Federal Street Neighborhood Association) spoke in favor of the petitioner, she said it was a very small house, which sits in a much tighter way currently than what is proposed.
Stephen Robinson (1-5 Downing Street) spoke against the petition. He said though John Donahue has been a friend a good neighbor, he has a number of concerns about the proposal. He feels the addition of a small wooden building would cause a fire hazard, he has concerns about the small lot size, and concerns about parking, which he already thinks is an issue. He said he has made an effort to rent his apartments to single car tenants for a discounted rate and this would undermine these efforts. He said that John Donahue has a beautiful backyard that provides attractive relief for his children and the neighborhood children by taking them off the street. He feels the proposal is a net negative and hopes the Board votes to deny it.
Robert Femino (a resident of Endicott Street), represented his father, Frank Femino who owns 120-124 Margin Street.
Robert Femino submitted a petition opposing the application. The petition was signed by twenty three (23) residents and property owners of properties on Prescott Street, Margin Street, Endicott Street, Downing Street, and Summer Street. The reasons for opposition noted on the petition included: congestion, worsening parking issues, it would not blend in, it is one of the last green spaces in the neighborhood, it would require the loss of a mature maple tree.
Robert Femino said he is opposed to what John Donahue wants to do, thought he has been a good neighbor. He said that he was not consulted before John got the ball rolling; if he were in John’s shoes he would have discussed his proposal with the neighbors first.
He said at first his father was not opposed to John’s proposal. After they had spoken, and they spoke to others, including their insurance company, they realized that they didn’t want to support it. He was concerned it could affect the water table, as well as the value of their house, and the value of other homes in the neighborhood.
He said his father was a lifelong resident of Salem and had lived on Margin Street for fifty (50) years. He said his father does not have anything nice to look at from the windows of his home other than John’s property.
He said that because people did something 100 years ago does not mean that we should do it today. He stated that zoning was created for a reason, and it should protect abutters. He said that the lot is flat and not unusually shaped. He said there is good soil. He sees no hardship or grounds to grant any variances. He said that the ordinance is there to protect both his father and John. He asked that John withdraw the petition. He finds it hard to believe the City can’t find another location. He feels a rundown house should not be located six (6) feet from his father’s house.
Donald Friary (10 Broad Street) lives just around the corner from Summer Street and submitted a letter of support from Historic Salem Incorporated. He is anxious to preserve all three homes and thinks a dense urban neighborhood is where they belong.
Ruth Wall (13 Crombie Street) wanted to come to represent Historic Salem’s interest, however, she has changed her mind and would like to speak in favor of keeping the yard in support of the neighbors. She keeps her horses in this neighborhood.
Kathryn Harper (Salem Historic Commission) feels the house would fit nicely in this location.
Jessica Herbert (Salem Historic Commission) said that the grass lot looks like a missing tooth. She feels that it is a great little house that would fit in nicely.
Laurie Bellin (Salem Historic Commission) mentioned that the Federal Street neighborhood and the whole City will be burdened by the new Courthouse Project. This is just one of three historic homes that need to be moved or they would be torn down. This neighborhood would not be the only residents burdened.
Joseph Zavalia (15 Prescott Street) asked the Board to drive down Prescott Street before making a decision. He said this will be a big burden, take into consideration the parking. He is against the proposal and wishes the zoning laws would be followed.
Darrow Lebovici (122 Federal Street) said the setbacks are not any smaller than other setbacks in the neighborhood. There would be no new precedent, it would fit in.
Robin Stein asked whether the petitioner would like to respond to the public comments.
John Donahue said the residence would be a single family and it only has four bedrooms. He said Prescott Street is frequently open, even around dinner time when people are home and he has photos without cars there. He really doesn’t feel that this small residence will have the huge impact that people are talking about. He said he offered to center the house and to remove the parking. He is glad everyone likes his backyard. John Donahue mentioned that 27-29 Endicott Street, a duplex with almost zero setbacks on all sides, was recently constructed. He feels that the zoning is intended for new development, not situations like this. He said this house is smaller, and the setbacks would be similar to most homes in the neighborhood. He said it is not taking away from the intent of the Zoning
Ordinance and it would be less intense that most houses in the neighborhood.
Stephen Robinson said the parking space currently in front of where this house would go is occupied already and he doesn’t think this house would just have one or two cars associated with it.
Robert Femino said he stood in front of the Board of Appeals supporting the house at 27-29 Endicott Street two years ago because it would remove an eyesore from the neighborhood across. He said he feels there is no hardship in this case. He said their carport is part of their house and the carport is right up against the fence.
Councilor Jean Pellitier (Ward 3) commended Mr. Donahue for the attempt to save the house, but he said he needed to support the neighbors. He wanted to clarify that Mr. Donahue can cut down the tree and not keep his yard as green space because it’s private property. He confirmed that there would be one parking space. He said he understands that zoning is designed for petitioner relief while still watching out for the neighbors.
Robin Stein read several letters of support into the record including letters from:
· Historic Salem Incorporated
· The Federal Street Neighborhood Association
· State Representative Keenan
· Mary Whitney
She also read the petition signed by five (5) residents, submitted by John Donahue in support of the request, and the petition signed by twenty (23) residents and property owners, submitted by Robert Femino opposed to the request.
Councilor Pelletier pointed out that the key on the map presented to the Zoning Board reversed the colors of the text for frontage and the address.
With no further public comments, the public portion of the meeting was closed and the discussion was brought back to the Board for questions and comments.
Rebecca Curran confirmed the residence would be used as a one family. John Donahue said yes, currently there is one unit upstairs and there was a law office on the first floor. Interior work would be done to convert it back to a one family.
Annie Harris asked whether the plan was to sell or rent the house. John Donahue said sell. She asked how many square feet the house was? John didn’t know off hand but said the dimensions are about 25’ x 40’ as shown on the plot plan.
Rick Dionne asked if the petitioner had thought about putting the parking on the opposite side. John Donahue said the location of the house was suggested by the land surveyor so that a driveway for one car could be included near the entrance.
Rick Dionne said it really is a small house.
Beth Debski said it looks like something belongs on the proposed location. She said every time the ZBA meets, there is an issue about parking and in this case you would have parking for a car on site.
Annie Harris said she doesn’t understand the fire hazard concern. She doesn’t agree with the loss in property value the neighbors were anticipating. She acknowledged that the yard was a lovely green space, but it is private property. She thinks the only impact is congestion.
Robin Stein said she thinks the Board could make a recommendation to move the parking to the other side if it was okay with the Building Code. Rick Dionne said they could not make it mandatory. Rebecca Curran said she would be comfortable approving it with that recommendation.
John Donahue asked if it was approved with that recommendation, if a new plan would be needed. Robin said the plan with the house location would be needed for a building permit. John asked if that were the case if the building could go back on the sidewalk.
Lynn Duncan said this would complicate the decision, because the variance requested is for a front setback of three (3) feet. You would have to clarify that the zero (0) foot setback would be allowed if the recommendation is followed. Robin Stein said she believe they would be able to craft that language. Lynn said she thought that would be fine as long as the Board is clear in their decision.
Robin Stein said this is a challenging problem accompanied by many recurring problems that come up in Salem frequently with so many nonconforming neighborhoods.
Rick Dionne said he understands this as an opportunity to save one (1) historic home, when there are actually three (3) that need to be saved in a short period of time.
Robin Stein said she is aware there has been a long search for sites.
Lynn Duncan said this was actually a second request for proposals by the state. Lynn said that the City looked at City owned land as well but could not come up with any sites.
Robin Stein said this is a very small house and this particular neighborhood supported larger impacts than this more recently.
Annie Harris said she feels this would fit appropriately with the way the neighborhood has been developed.
Rebecca Curran made a motion to approve the petitioner’s request for variances subject to nine (9) conditions and the recommendation that the driveway be located on the right side of the residence.
Rebecca said she feels the Board should expand on standard condition #5 relating to materials to specify that the historic character shall be maintained. Annie Harris asked whether it is clear that this is intended to be a historic rehab. Lynn Duncan suggested we ask the petitioner for a comment. John Donahue acknowledged that the windows would need to be replaced and asked what he would be required to replace them with. John said only some of the windows are still historic. Rebecca Curran said she wanted true divided light, with no vinyl. Robin Stein said she thinks they should rephrase the condition to say the historic character and materials shall be maintained. Lynn Duncan asked whether DCAM imposed conditions. John said that there are recommendations. Annie Harris asked what happens
if the recommendations aren’t followed. Robin said this is why they should craft the language they had discussed. Lynn Duncan asked what the petitioner thought about going in front of the Historic Commission, though she is not sure they should require it. Robin Stein said she would be comfortable just saying whatever is done needs to be consistent with the historic nature of the house. Rebecca Curran said she thinks it is reasonable to ask he go through Historic Commission review because of the amount of relief granted. Robin Stein asked whether the intention is to keep the historic nature. John Donahue said the exterior is fine the way it is though a few windows would have to be changed. There will not be any extensive exterior changes. Rebecca restated the condition to say the historic nature shall remain substantially intact. Robin Stein said she would work to craft language incorporating the Board’s concerns.
The motion was seconded by Beth Debski and approved (5-0) (Stein, Curran, Debski, Dionne, and Harris).
The meeting was adjourned at 8:05 pm.
Respectfully submitted,
Amy Lash, Staff Planner
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