City of Salem Zoning Board of Appeals
Minutes of Meeting
Wednesday, April 16, 2008
A meeting of the Salem Zoning Board of Appeals (“Salem ZBA”) was held on Wednesday, April 16, 2008 in the third floor conference room at 120 Washington Street, Salem, Massachusetts at 6:30 p.m.
Those present were: Robin Stein (Chair), Richard Dionne, Elizabeth Debski, Rebecca Curran, and Bonnie Belair (alternate). Also present was Amy Lash of the Planning Department.
Absent: Annie Harris, Board Member and Thomas St. Pierre, Building Commissioner
Approval of Minutes
Minutes of March 12, 2008
Beth Debski made a motion to approve the minutes of the special meeting on March 12, 2008, seconded by Rick Dionne and approved (4-0) (Stein, Dionne, Debski, Curran).
Minutes of March 19, 2008
Regarding the March 19th meeting, Amy Lash said she had received a call from an abutter who believed it was the Board’s intention to make the relocation of the tenant in the rooming house at 1 Hamilton Street a condition. Amy said the the decision that was filed did not include this as a condition, and the minutes reflect that the owner offered to do this though the Board did not make it a condition. Amy acknowledged that Attorney Atkins was present. Robin Stein said she believed the decision and minutes were accurate. Beth Debski made a motion to approve the minutes, seconded by Rick Dionne and approved (5-0) (Stein, Debski, Curran, Dionne, Belair).
CONTINUED: Petition of AAA ENTERPRISES & SERVICES on behalf of MOUNTAIN REALTY TRUST requesting a Special Permit to add a nonconforming use to allow for the receipt and processing of stone, soil, and loam at 15 ROBINSON ROAD [BPD].
Attorney Balliro said the material requested at the last meeting was submitted to the Board. He said this included the information about dust and the DEP Consent Order. He said the consent order requires to road to be hard packed to lessen the fear of erosion.
Bonnie Belair asked for clarification about who AAA Enterprises is. Attorney Balliro said he was Mr. Hutchinson’s son Mike.
Beth Debski said that the information provided to the Board only included an amendment to the DEP Consent Order, and that she wants to see the full DEP Consent Order which preceded the amendment. Robin Stein agreed and said it is important to see the full Consent Order because said she is concerned with the roadway and the more intense use by heavy trucks.
Rebecca Curran said the addendum to the Statement of Ground says the machine is being used to comply with the Consent Order, do you intent to use this as a business after? Attorney Balliro said there is not intent to market the rock crushing operation, and they anticipate that they would do a great deal of work for municipalities including Salem.
Attorney Balliro asked if the Board needed the original Consent Order and engineering plans. Beth said yes. Robin said yes, I am concerned with the road.
Robin Stein asked other than rock, what is going to be crushed? Fred Hutchinson said they would sort the dirt and rock and crush rock. Robin said if we grant the special permit, do you have a problem with the permit being limited to crushing stone? Fred Hutchinson said I don’t want to crush cement that would require DEP approval, so I have no problem with you saying no concrete. Robin said she was concerned because building materials are brought onto the site.
Robin Stein read a letter of support of the proposal from Councilor Joseph O’Keefe, as well as letters in opposition to the proposal from Robert Doyle, Tom Groom, and Thomas Amanti (all from businesses at 96 Swampscott Road).
David Jacobson (12 Brittania Circle) said he was opposed to the proposal and the Councilor is mistaken, it is not just another aspect added to the business. The vibrations will be tremendous, 200 homeowners will file for tax abatements for the reduction to the value of their property. The dust can’t be contained.
Tom Groom (Groom Construction, 96 Swampsoctt Road) said he has been involved in constructing the YMCA and is qualified to speak about rock crushers since they have one on the YMCA site. He said it is disruptive, it’s not quiet and it’s dusty. He said the area was zoned to BPD for a reason. He is concerned about the warm weather months when the windows will be open, and agrees with the comments of the gentleman who spoke before him.
Dale Tarrant (Jaqueline’s Bakery, 96 Swampscott Road) said they produce food on site and can’t have this use next door.
Lori Appleman (19 Brittania Circle) said she has a direct line of vision into the junk yard, and she already can’t leave her windows open without disruptive noise.
Bill Mann (29 Brittania Circle) can’t leave his windows open. His foundation rocks from the Aggregate’s activity and the truck traffic.
Rob Doyle (Doyle Sails, 96 Swampscott) doesn’t want the dust.
Garry Cook (representing North Shore Tennis and Squash) says they have two outdoor courts and he is speaking on behalf of the club against the proposal.
Russ Austin (6 Captains Lane) said he is concerned with the noise and processing rubbish.
Attorney Kenneth Shutzer (Lynn, MA) represents the Mongellos and said he has a copy of the consent order. He submitted a photo of a mound of debris on the property at 15 Robinson Road. He said the Zoning Ordinance is clear in the intent of what the Business Park Development District is for. He reviewed allowed and prohibited uses saying a rock crusher would fall into the category of prohibited. He asked that the Board go look at the site. He said bringing material into the site and having to deal with it is not a hardship. He said we don’t know what materials exist there. He said if you start grinding up this debris there will be no containment. He said the Board should not allow debris to be airborne at the expense of others. He said the dirt road is very narrow and more like a
path in bad shape. He said his clients Carmine and Angelo Mongello are masons who have lived on their land for years. Aggregate looks like a meteor hit the ground. Their crusher is at the bottom of a pit to mitigate the noise. He said people moved to the area assuming a predictable level of use and this is a further non permitted use. He asked that the Board deny the application.
Ward 3 Councilor Jean Pelletier said the City moved the petitioner from Boston Street to the site in the early 60s. Yes it is BPD, but it was industrial. He said he feels sorry for the people Aggregate disturbs. He read into the record a letter from Councilor Leonard O’Leary to former Chairperson Nina Cohen. He said Salem has 330 DEP sites and the Council for the petition has submitted and addendum. The DEP Consent order it to alleviate an appeal filed by an abutter. He said the Conservation Commission is no longer involved and DEP took over. He said he was up on Brittania when the test was done and the noise level is not too bad, and dust wasn’t a problem.
Rebecca Curran asked if the rock crusher is mobile. Attorney Balliro said yes, it can be moved to other locations. Robin Stein said so he can be using it at other locations around the property. Robin Stein asked when the noise study was done how long the machine was run for. Fred Hutchinson said a couple of hours. Councilor Pelletier said one hour.
Bonnie asked if there is anything that can be put on the machine to mitigate dust. Fred Hutchinson said moisture can be sprayed. He said there is a misunderstanding and he is not crushing trash, they don’t have chemicals on their property, and they have never dumped oil on the property. He said the stockpile of material came from excavation at Swampscott High School, not deconstruction.
Rebecca Curran asked when they were ordered to cease operation. Fred Hutchinson said 1 or 2 years ago. Rebecca asked when they started operating the machine. Fred Hutchinson said he has had the machine for 10 or 15 years.
Beth said she thinks it will be helpful to have the DEP Consent Order. Bonnie said that the Board is familiar with the site and she wants to find a middle ground, she suggested that they might limit the hours of operation and said there are already regulations in place to keep them for exceeding the allowed noise level. Robin said she may want to see improvements to the road.
A site visit was scheduled for April 26th at 10:00 am. Later in meeting it rescheduled to May 3rd at 10:00 am, the Planning Department will make phone calls to those that signed in.
Rick Dionne made a motion to continue the item to the next meeting on May 21st, seconded by Beth Debski and approved (5-0) (Stein, Debski, Curran, Dionne, Belair). Attorney Balliro signed a time a time requirement waiver.
CONTINUED: Petition of CLIFFORD AGELOFF requesting a variance from the maximum height of accessory structures to allow for a 173’ tall temporary wind monitoring tower on the property of the Fairweather Apartments located at 40R HIGHLAND AVENUE [R3].
Clifford Ageloff introduced Karen Bomquist of the Preservation of Affordable Housing (POAH). Karen explained that at the point, POAH is only looking to conduct a wind study; they are not yet proposing a wind turbine. She said if they decided to propose a wind turbine, they would be returning to the Board in 18-24 months. She said that POAH is a not for profit that purchases properties that would otherwise become market rate. She said POAH owns 341 affordable units, which is close to half of all the affordable housing in Salem. She said the Fairweather property is primarily occupied by elderly residents on fixed incomes. She said they receive subsidies to pay the difference between the rent and operating costs, and they have to face that oil is above $150 per barrel. POAH has a long term commitment to
the property and has made other efforts to improve energy efficiency. They received a grant from the Massachusetts Technology Collaborative to conduct the study.
Karen said that met tower installations have been done recently in Canton and Manchester By-The-Sea. Visuals of example of “met” towers in other Massachusetts communities were presented to the Board. Karen said there are no blades and it would be removed when complete. She said the nearest buildings are owned by POAH. She said it is necessary to measure wind at different heights on the tower and the height of the tower will be similar to standard TV or radio towers, or to cranes. She said the tower would be galvanized steel and hollow similar to the one in Canton. She said tower needs to be up for a year to study the wind resources of the different seasons.
Amy Lash read letters of support from Cindy Keegan, Chair of the Renewable Energy Task Force, as well as Mayor Kimberly Driscoll. Amy said she received calls from Bertha Morin, Deborah Sabri, Jospeh LaBella, Olga Sokolowski, and the McGoverns asking that their names be mentioned in favor; Ms. Marcey and Leanne Duncan called to ask that her name be mentioned as opposed; Leanne Duncan also submitted an email in opposition.
Karen Blomquist submitted a petition in support of the request which was signed by twenty-five (25) residents of Salem Heights, as well as Twenty-one (21) individual petitions signed by residents of the Fairweather Apartments at 40R Highland Avenue.
Robin Stein said this is a reasonable use of the land. Bonnie Belair said that it would temporary. Rebecca Curran made a motion to approve the request to allow the tower for 13 months with three standard conditions seconded by Rick Dionne and approved 5-0 (Stein, Debski, Curran, Dionne, Belair).
Petition of AMY CHEVOOR requesting variances from lot area per dwelling unit and parking requirements, and a special permit to modify an existing nonconforming structure to allow for a first floor retail space to be converted to an apartment at 26 BOSTON STREET [R2].
Amy Chevoor introduced herself and her husband, Steven Chevoor. She said they would like to convert one storefront into an apartment. There are ten (10) parking spaces for the building. Currently, the unit is vacant. There is already a bathroom and sink. The dimensions are 12’ wide x 26’ long (312 square feet).
Robin Stein asked what the most recent use of the space was. Amy Chevoor said it has been a barbershop, she said no changes to the exterior are proposed. They need to add a shower stall. The building was built in 1917 with eight units. She said they have found very little demand for the storefront and there once no interest when they advertised. She said a barbershop is next door. They would like to hookup a refrigerator and a stove.
Rebecca Curran asked if the parking spaces were dedicated. The Chevoors said no, they are not dedicated and their have not been issues.
Robin Stein said that she would prefer to have Tom St. Pierre’s guidance on what might be required in the Building Code to change the space to a residential use. Bonnie Belair agreed and noted that the space is very small.
Beth Debski made a motion continue the public hearing to the next meeting on May 21st, seconded by Rebecca Curran and approved (5-0) (Stein, Debski, Curran, Dionne, Belair). Amy Chevoor signed a time requirement waiver.
Petition of ANGELO MEIMETEAS seeking variances from minimum lot size and minimum lot width to construct a single family home at 2 PROSPECT AVENUE [B2 and R2].
Attorney Scott Grover presented the petition. He said that Angelo Meimeteas is a local builder who lives on Cloverdale Avenue. He owns Anne Marie’s hair salon, which his wife operates. He has rehabbed several properties in Salem.
Attorney Grover said the lot at 2 Prospect Avenue has a significant grade change which makes the upper part of the lot unusable. He said his client is proposing to create two lots and is seeking two variances: one variance is from lot width, the other from lot size. His client is proposing to construct a single family home on the new Butler Street lot with parking in the front. An image of what the home would look like was presented, and Attorney Grover said the plan they have chosen for the home actually has a narrower footprint than what is shown on the site plan. Attorney Grover presented images of other projects Angelo worked on. He said Angelo makes a commitment to improving the quality of the neighborhood. He said Angelo has talked to the neighbors in this neighborhood and obtained twenty-nine
signatures on a petition in favor.
He said the Board needs to make three findings:
1. there are unique conditions relating to this property not generally affecting the district
2. hardship- the land would be otherwise unusable
3. the proposal does not deviate from the intent of the ordinance
Attorney Grover presented a copy of the Assesor’s Map with check marks on lots under 10,000 square feet. He said the Board had previously approved a lot of 7,200 sq ft with 45 ft of frontage and 27 neighbors signing a petition opposed.
Bonnie Belair asked how the house will be accessed, on Butler Street? Attorney Grover said yes. Bonnie said she agrees the grade change is significant. Angelo Meimeteas said the design would take advantage of the grade change with a walk out basement with sliders or french doors.
Beth Debski asked- how tall is the proposed house? Angelo said he doesn’t have the specifications but knows it would be the height requirement in the Zoning Ordinance. Robin Stein said the Board would need an updated plan to keep on record.
Robin opened the public portion of the hearing. Amy Lash read a letter signed by Peter Copelas and Peter Copelas Jr. into the record, this letter opposed the petitioner’s request.
Ward 4 Councillor Jerry Ryan spoke in support of the project.
Edward Young (30 Butler Street) said that Angelo Meimeteas had agreed not to block his kitchen window. He asked if any blasting would be required. Angelo Meimeteas said no blasting would be necessary.
Councillor At-Large Arthur Sargent said he likes the project very much and how the design goes with the topography of the land.
Bonnie Belair said she thought it was an attractive plan in an attractive neighborhood and to see so many in support is short of amazing. Robin Stein said there is 100 feet in back and the setbacks are being complied with. She said this does not take away from the intent of the ordinance and it would be similar to other lots in the district.
Beth Debski made a motion to approve the request for variances with seven standard conditions and two special conditions: the condition that a revised plan be submitted showing the smaller footprint, and that the residence not block the window at 30 Butler Street, The motion was seconded by Rick Dionne and approved (5-0) (Stein, Debski, Curran, Dionne, Belair).
Robin Stein recused herself from the petition for 110-114 Swampscott Road and exited the room.
Petition of DANA & DAVID DILISIO requesting a special permit to add a nonconforming use to allow for a go-cart track at 110-114 SWAMPSCOTT ROAD [BPD].
Attorney LeClair presented the site plan. He mentioned that the DiLisio’s have an agreement with the North Shore Racket and Tennis club for parking. He said they filed with the Conservation Commission, but the Commission requested that they first go to the Board of Appeals. He said there is an intermittent stream on the property.
He said the principle noises onsite are the traffic on Swampscott Road and the waterfalls on the golf course. He said the noise projection was done for ten (10) carts. He said the noise is generally projected to be no greater than the ambient noise. He said the carts have noise control with mufflers and silencers. He said the noise level produced by modern go-carts is less than those from ten (10) years ago. He said amusement rides must be licensed by the Massachusetts Department of Public Safety.
Rebecca Curran asked what sort of traffic a use like this generates. Attorney LeClair said the parking is adequate because the maximum number of people on the go-carts would be eight. They are planning on twenty additional spaces if they are allowed by the Conservation Commission.
Rebecca Curran asked why eight-go carts? Is it limited by the size of the track? Attorney LeClair said they are only asking for eight.
Bonnie Belair asked what the top speed is. Attorney LeClair said the top speed is 18 mph. Bonnie asked if there would be a fence to separate the track from the road? Attorney LeClair said the Department of Public Safety requires fencing; it will likely be chain link with rubber tires functioning as bumpers with a structural metal piece like a guard rail. Bonnie asked what is the width of the track? Mr. Dilisio said 24 ft.
Jim Hacker (4 Mayflower Lane) said the residents of Mariners Villager are opposed and that recreation doesn’t belong in the Business Park Development Zone. He said the property had been before the Board of Appeals in the past and in October of 1999 a similar proposal was denied. He said he hoped a vote was taken tonight, and if the Board allows the application to be withdrawn, they do so with prejudice. He said the petitioner was just waiting for the Board to turn over to try again. He said he takes his grandchildren to the golf course, which is well kept, but he can heard the noise from the golf course at home. He didn’t hear that the parking lease is in perpetuity. He thinks the noise will be very disruptive and said that karaoke was denied at the Willows years ago. He said the proposal
would create a hardship for the neighborhood, exasperate the situation on Swampscott Road, and become a destination and place to go. People will be walking on Swampscott Road, which is not well lit and dangerous. He requested that the Board of Appeals deny the petition. He said there is no hardship, the purpose and spirit of the ordinance is to support business and not go-carts.
Russ Austin (6 Captains Lane) owns a unit in a complex of 325 units which yields large tax revenue to the City and can’t imagine this will bring in much revenue. He said there is no evidence of wetlands or air quality studies. He said the noise study with one stationary cart was not adequate. He said Groom Construction has been a good neighbor and added light industry as well as solar and wind power, this would not be a good neighbor -think about eight lawnmowers running.
David Jacobson (12 Brittania Circle) knows there will be a fence, and they can add landscaping, but this is a valley and noise rises. He can hear people talking in the mini golf course at night and now there is the proposed rock crushing operation as well and having these simultaneously is ridiculous. He said the noise has not been tested where he lives and if people are wrong about the noise, than it won’t be something that can be undone. He asked if the City wants to buy the condominium units or give tax abatements.
David Dextrom (96 Swampscott Road Unit 7) develops pharmaceuticals and came into the space to run a professional business. He is opposed to the proposal.
Elizabeth Mercy (Mariner’s Village) said the golf course is visible from her deck. She has been the original owner of her units since 1997 and picked the home site for the view. With the windows open she can hear conversations from the golf course; she also hears the golf balls being collected from the driving range. She feels go carts will be more intrusive. She did not object to the golf course and ice cream stand. They are already imposed on by Aggregate Industries. This will pollute the air. They have dealt with many new businesses coming in and creating more traffic and pollution. She is concerned this will drive the birds away and says it is ironic to have go-carts in this sanctuary. She said this will hurt the resale value of the property. She said in Mariner’s Village
they pay substantial taxes and receive few City services. They pay out of pocket to beautify the road and there has been many new eyesores on Swampscott Road. She thinks the City has an obligation to now allow the go-carts.
Ted Stolls (4 Britannia Circle) says he overlooks the mini golf course. He says that they waterfall was described as creating significant noise, though it is more tranquil than an engine. He uses Highland Woods and can’t imagine somebody out there with a chainsaw.
Councilor At-Large Joan Lovely was at the Conservation Commission meeting and at that time suggested a neighborhood meeting because of the extensive abutters list. She received three (3) emails opposed and one (1) in favor.
Bonnie Belair said she felt that the use may be dangerous. Beth Debski asked whether this would be a use variance. Attorney LeClair said he spoke to the Building Inspector who agreed applying for a special permit was the correct avenue to go through. He said at the Conservation Commission meeting they heard only two (2) objections. Beth said she would prefer for the Building Inspector to be present. Rebecca Curran said she would like a report about decibel levels at the property lines.
A motion was made by Beth Debski to continue the hearing to May 21st, seconded by Rick Dionne and approved (4-0) (Debski, Curran, Dionne, Belair). Attorney LeClair signed a time requirement waiver.
Robin Stein returned to participate in the remainder of the meeting.
Old/New Business
Amy Lash announced that the City was sponsoring an Earth Day event at the Carlton School, the following night, April 17th.
There being no further business before the Zoning Board of Appeals, Beth Debski made a motion to adjourn the meeting, seconded by Rick Dionne and approved (5-0). The meeting was adjourned at 10:00 pm.
Respectfully submitted,
Amy Lash, Staff Planner
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