City of Salem Zoning Board of Appeals
Minutes of Meeting
Wednesday, May 21, 2008
A meeting of the Salem Zoning Board of Appeals (“Salem ZBA”) was held on Wednesday, May 21, 2008 in the third floor conference room at 120 Washington Street, Salem, Massachusetts at 6:30 p.m.
Those present were: Robin Stein (Chair), Annie Harris, Elizabeth Debski, Rebecca Curran, and Bonnie Belair (alternate). Also present was Thomas St. Pierre, Building Commissioner and Amy Lash of the Planning Department.
Absent: Rick Dionne
Approval of Minutes
Beth Debski made a motion to approve the minutes of the meeting on April 16, 2008, seconded by Rebecca Curran and approved (4-0) (Stein, Belair, Debski, Curran).
Public Hearings
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). –Request for Continuance to June 18, 2008
Robin Stein noted that the Board’s site visit to 15 Robinson Road was canceled by the applicant because the machine is not currently operational. Once the site visit is rescheduled, the Planning Department will make phone calls to those that signed into the meeting to inform them of the new date. Robin said the Board received a letter from Attorney Jospeh Balliro requesting continuance.
Rebecca Curran made a motion to continue the petition of AAA Enterprises to the next meeting on June 18, 2008, seconded by Bonnie Belair and approved (5-0).
CONTINUED: 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 (R-2).
Amy Lash read a letter from Amy Chevoor requesting to withdraw the petition for 26 Boston Street. Annie Harris made a motion to allow for withdrawal without prejudice, seconded by Robin Stein and approved (5-0).
CONTINUED: 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).
Amy Lash read a letter from Attorney Brian LeClair requesting to withdrawn the petition due to problems with the audio recording. The letter specified that they intend to reapply in order to have a full board eligible to vote on the application.
A motion was made by Bonnie Belair to allow for withdrawal without prejudice, seconded by Beth Debski and approved (4-0) (Robin Stein recused).
Petition of RAYNOLDO DOMINQUEZ requesting Variances from: minimum front yard depth to construct a new 24’ x 6’ porch, number of stories allowed to construct a 15’ x 7’ third floor dormer, and the distance an accessory structure is required to be from lot lines to construct a 8’ x 8’ shed 2’ from the side lot line and 1’ from the rear lot line at 38 CABOT STREET (R-2).
The petitioner, Raynoldo Dominquez explained that he would like to add a porch, a dormer, and a shed and all three things are shown on the plot plan. Annie Harris asked if the petitioner had photos. No, the petitioner does not have photos. Rebecca Curran noted that the 3D computer model did not show the dormer. She asked if there was something showing the dormer. The petitioner said the plot plan shows the dormer location.
Wendy Curtin (5-7 Geneva Street) said that her picket fence has been destroyed by the petitioner’s children playing basketball. She said she does not agree with allowing a shed in the proposed location.
Rebecca Curran confirmed the shed would be right on the property line.
Bonnie Belair asked how the garage is accessed. The petitioner said it is accessed from Cabot Street. Robin Stein said there is a 9’ driveway.
Annie Harris said she is concerned that the plans are not accurate enough. Rebecca Curran asked whether or not the bay window shown in the 3D model would or wouldn’t be built along with the porch. The petitioner said it is already there.
Robin Stein suggested taking one issue at a time starting with the porch. She said she thinks it will look nice to have a farmers porch run the length of the house. Rebecca Curran agreed it would look nice, especially with the hipped roof.
Robin Stein asked what the foundation is made out of. The petition said the foundation is poured concrete. Annie Harris said she did not think this infringes on neighbors in anyway.
Rebecca Curran asked what material the roofing is. The petitioner said it is slate; he would do the dormer with shingles. Rebecca asked how many windows would be on the dormer. The petitioner said there would be two windows. Bonnie Belair asked what would be on the roof of the porch. The petitioner said this would also be shingles. Bonnie she knows slate is very expensive, while it would look nice she doesn’t think it would be fair for the Board to require this.
Bonnie Belair asked if the extra space from the dormer would allow for an additional unit. Tom St. Pierre said it is already a two family home.
Regarding the shed, Annie Harris thinks the proposed shed is too close to the neighbor. Robin Stein said there is a 5’ setback for a reason and agrees this would affect the neighbor. Robin said there also needs to be enough room to get along side the shed and mow the grass, paint, etc. and what is proposed wouldn’t allow for this type of upkeep.
Rebecca Curran suggested entertaining a motion to approve the dormer and porch. Bonnie said she would deny the petition because of the shed, and if the other requests are to be approved this must be separated. The petitioner requested to withdraw his request for variances to allow for the shed.
Rebecca Curran made a motion to approve the 24’ x 6’ farmers porch, the dormer as shown on the plot plan, and the request to withdraw the proposed shed from the petition with seven standard conditions, and a clarification to the condition about exterior finishes being in harmony, that slate is not required. The motion was seconded by Annie Harris and approved (5-0).
Petition of EDWARD BURGE JR seeking Variances from minimum side yard width and maximum lot coverage to construct a 13’ 10” x 14’ second story addition with two landings and stairs at 29 LINDEN STREET (R-2).
The petitioner, Edward Burge addressed the Board and explained he would be adding a second story addition with landings and stairs to the rear of the property.
Rebecca Curran asked what is being done to the roof. The petitioner pointed to the sloped roofline on the elevation. Rebecca asked if the staircase would be the only thing outside the footprint. The petitioner said yes and showed the new side elevation.
Robin Stein opened the public portion of the hearing. There was no public comment. The public portion of the hearing was closed.
Robin Stein said she thought this was a reasonable request because the lot coverage was only being increased by 2%.
Annie Harris said there would no further encroachment on the side setback. Robin agreed saying the structure is already within the side setback, this would just allow slightly more area inside.
Beth Debski made a motion to approve the request for variances with seven (7) standard conditions, seconded by Bonnie Belair and approved (5-0).
Petition of LESLIE TUTTLE seeking to appeal the Building Inspector’s decision that the keeping of chickens is an agricultural use and is therefore prohibited at 114 FEDERAL STREET (R-2).
Attorney Kevin Barry addressed the Board and said he was here representing the Tuttles in an appeal of the Building Commissioner’s decision that the Tuttle’s pet chickens are an agricultural use. Attorney Barry introduced Leslie Tuttle’s children- Libby, Annie, and William.
Annie Tuttle said she convinced her mom to get chickens. Their chickens are a quiet and friendly breed called silver-laced. They kept them inside the house until they were big enough to go outside. They all have names, and they are great pets. Annie said she cleans out the coop daily.
Libby Tuttle said she did research about chickens and found that they were good for the environment. They eat kitchen scraps and are good for grub control. Libby said they treat their chickens better than most farms do. She doesn’t feel this is an agricultural use of the property or that there is any nuisance of noise or odor.
Rebecca Curran asked if they sell the eggs. Attorney Barry said no they don’t sell the eggs.
Melinda Piccioto (418 Lafayette Street) has raised chickens in the same manor for over a quarter of a century. She said she speaks as a trained paralegal. From her review of Sec. 1A of Chapter 128 she feels that for a use to be considered agriculture, goods need to be for sale. She said with the way the definition has been interpreted in this case, other things like gardening would also be prohibited.
Attorney Barry said they accept looking to Ch. 128 Sec. 1A for the definition of agriculture.
Stefano Picciotto (418 Lafayette Street) said he does not intend to undermine the Building Inspector, though feels if you are not selling the eggs, the use does not rise to agriculture. He feels this is an arbitrary complaint by a neighbor thinking it will lessen their property values. He does not think the Board of Appeals is the place to bring the complaint. He said if the statue is to be interpreted so broadly he agrees other things like gardening would be prohibited.
Monica Trindade (116 Federal Street) said she is representing her condominium association (4/5 residents) against the petition. She said the chickens squawk all day and they are kept very close to their property. She said she was told by Leslie Tuttle that the chickens were being kept for a school project, but they are still there. She is concerned with noise and order and feel that they disturb the peace.
Beth Delnickas (116 Federal Street) said she is opposed to allowing the keeping of chickens. Her unit is on the market and her realtor brings people through the back so they don’t have to see the chickens. She can hear the chickens with her windows open.
Perry Mcintosh (2 Rivers Street) said he walks his dogs by the property daily and have never heard them. He didn’t know about them for four (4) months.
Mary Whitney (356 Essex Street) read a letter she and her husband wrote in support of the petition into the record.
Jack Sidman (358 Lafayette Street) had chickens for nine (9) years they make incredibly little noise, they don’t escape easily, and owning a chicken isn’t running a farm.
Jeff Brandt (3 Lynn Street) regularly walks his dogs by and didn’t know they were there for a long time. His daughter and son enjoy the chickens. The Agway sells lots of chickens to homeowners in the region.
Jeff Nicholas (6 Andover Street) said he thinks the Tuttle’s chickens are not agriculture. Kerry Nicholas (6 Andover Street) introduced their seven year old daughter, Clohe Rourke Nicholas who said she gets to feed the chickens when the Tuttles go away. Kerry Nicholas said their house directly abuts the street where the coop is and her bedroom is as close as anyone, and she doesn’t hear the chickens.
Dottie Nicholas (115 Federal Street) said she also did not realize that the chickens were there and thinks it is the realtors who are causing the problem. Lisa Spence (17 ½ River Street) said she agrees that the realtors are the issue.
John Carr (7 River Street) is in support of the keeping of the chickens and feels this is not within the definition of agriculture. He is against roosters but for chickens.
Carol Carr (7 River Street) feels the chickens are exciting and fun and think they should stay. Anne Knight (9 River Street) thinks the chickens are fine and a wonderful back to earth sound. Mary Ann Williamson (Federal Street) is in support of the chickens.
Monica Trindade (116 Federal Street) asked if chickens are allowed, would cows and sheep be allowed as well. Jack Sidman (358 Lafayette Street) suggested that the size of these animals would not make this practical.
Amy Lash read names of those who submitted letters. There are nineteen (19) letters in support of the petition were submitted. Ursula O’Connor (116 Federal Street) submitted a letter opposing the petition.
Their being no further public comment, Robin Stein closed the public hearing and suggested that the Board turn to the definition in Chapter 128: Section 1A. Robin said she doesn’t feel that the primary use in this case is a food source. Rebecca Curran said that she feels that the fact they don’t sell the eggs differs this situation from being considered agriculture.
Annie Harris said she doesn’t feel that its’ prohibited by zoning and mentioned that she had six (6) chickens as pets growing up. Rebecca Curran said she grew up in Lexington and also had a chicken as a pet.
Bonnie said she feels these chickens are pets. She lived next door to the Tuttle family at one point and knows they are good neighbors who take good care of their home. She suggested that something could be done to mitigate the affect on the neighbors.
Beth Debski said she feels this case doesn’t fall within the definition of agriculture.
Rebecca Curran made a motion to overturn the Building Commissioner’s decision stating that an agricultural use does not exist, seconded by Annie Harris and approved (5-0).
Petition of JOHN FIFIELD requesting a Variance from minimum side yard width to construct a 17’ x 27’ garden room along the easterly lot line at 43 CHESTNUT STREET (R-1).
John Fifield said that 41 & 43 Chestnut Street is a historic double house which is discussed on tours of Salem as being a house built for two sisters who married two brothers. He presented the plot plan showing what exists and where the proposed garden room would be at 43 Chestnut Street. There is a lot line through the middle of the building and the structure already has a side yard width of 0’ because of this. He said to literally enforce the ordinance would mean blocking off the dining room, cutting off access to the basement, and blocking the view of the garden.
Rebecca Curran asked if this would require the review of the Historic Commission. John said yes, they are on the Historic Commission agenda in 10 minutes. Rebecca asked what the wall would be made out of. John said it will be a stud wall.
John read letters of support into the record from Richard Jagolta (41 Chestnut Street) and Mark Audette (395 Essex Street).
Amy Lash read a letter of support submitted by Bruce Goddard (17 Flint Street), John Casey (17 Flint Street), Martha Chayet (19 Flint Street), and Neil Chayet (19 Flint Street). The letter raised concerns about parking congestion on Flint Street and requested that construction vehicles be limited from parking on Flint Street. John Fifield said construction vehicles could park on Chestnut Street and Warren Street though it may be necessary to load and unload at times on Flint Street.
Rebecca Curran made a motion to approve the petitioner’s request for a variance with eight (8) standard conditions including that exterior finishes meet the requirements of the Historic Commission, and a ninth (9th) condition that construction vehicles may stop to load and unload, but the petitioner will make every effort to ensure that they do not park on Flint Street. The motion was seconded by Beth Debski and approved (5-0).
Old/New Business
There being no further business before the Zoning Board of Appeals, Annie Harris made a motion to adjourn the meeting, seconded by Beth Debski and approved (5-0). The meeting was adjourned at 8:45 pm.
Respectfully submitted, Amy Lash, Staff Planner [Minutes approved by ZBA 6/18/08]
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