City of Salem Zoning Board of Appeals
Minutes of Meeting
Wednesday, June 18, 2008
A meeting of the Salem Zoning Board of Appeals (“Salem ZBA”) was held on Wednesday, June 18, 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, Rick Dionne, Elizabeth Debski, Rebecca Curran, and Bonnie Belair (alternate). Also present was Joseph Barbeau Jr., Assistant Building Inspector and Amy Lash, Staff Planner.
Approval of Minutes
Debski made a motion to approve the minutes of the meeting on May 21, 2008, seconded by Stein and approved (5-0) (Stein, Harris, Debski, Curran and Belair).
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 July 16, 2008
Lash read a letter from Attorney Balliro requesting to continue the petition for 15 Robinson Road to July 16, 2008. The letter said that the part that has been ordered to repair the rock crusher has not yet come in. Once the rock crusher is repaired they will contact the Board to schedule a site visit. Dionne made a motion to continue the petition for 15 Robinson Road to the next meeting on July 16, 2008, seconded by Stein, and approved (6-0).
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).
Stein recused herself from this agenda item and stepped out of the room. Vice Chair Debski acted as chair and introduced the petition.
Attorney Brian LeClair said that they had withdrawn and reapplied. The difference with the new petition is that they have specifically asked for electric go carts. The track would be geared towards families and young children. The cars go no more than 17 or 18 mph. A remote control allows the car to be shut off by staff; this is a unique safety feature.
Attorney LeClair submitted a petition signed by forty-one (41) residents in support of the special permit request to for electric co-karts. He is aware there is also a petition in opposition.
Attorney LeClair said on May 7th an invitation was mailed to abutters on the list for a neighborhood meeting. Fourteen (14) people came and signed in. They had switched to electric carts at this point. He noted that three (3) of the residents who signed the petition in favor had previously signed petitions in opposition before the proposal was changed to electric. He said of those who signed the petition opposed, only four (4) were legal abutters.
Lash said the Board of Appeals members each received a copy of one petition from the set of petitions opposed in their packet. She said the petition opposes three facilities along Swampscott Road: the proposed expansion of the Transfer Station (a project not before the Board of Appeals), the proposed rock crushing facility, and go-cart racing. The portion about go-cart racing was read aloud. Lash said the petitions are all dated between May 1, 2008 to May 10, 2008. Attorney LeClair said the neighborhood meeting was held on May 17, 2008. Lash passed around the full set of petitions to the Board which included forty-three (43) petitions signed by (55) residents of the Mariner Village and Green Dolphin Condominium Trusts.
Belair asked how many carts would there be and would there be age limits? Attorney LeClair said they were still proposing eight (8) and instead there is a height limit. Dana Dilisio said the height limit is 52”. Dilisio said they currently operate between 9 am and 11 pm, though the exact hours depend on the weather.
Attorney LeClair said the existing ambient noise levels are greater than the gas noise levels would have been. He said given the existing ambient noise, they do not believe the existing ambient noise would be increased by the electric carts. He said the environment is family friendly and safe, if not it would hurt business. Harris asked what is the cause of the current noise? Attorney LeClair said traffic.
Ms. Yeung (86 Cavendish Circle) said she would not want there to be a PA or music. Dana Dilisio said that was a condition of the ZBA for the mini golf course.
Tony Lena of the North Shore Tennis Club spoke in support of the petitioner’s request saying they run a good operation and he does not expect noise to be a factor.
Dan Garberr (7 Queensberry Drive) said he is not against family business, but he is concerned about the cumulative noise affect of carts. Attorney LeClair said the sound engineer determined the noise level will not rise because multiple carts are running.
Lash reviewed the letters sent to the Board of Appeal since the first hearing on the topic. A letter of opposition was submitted by David Jacobson, 12 Brittania Circle (May 15, 2008). A letter of opposition was submitted by Frank Morrill, 2 Mayflower Lane (June 11, 2008).
Belair said she thinks 11 pm is too late and 10 pm would be more appropriate. Belair suggested conditioning inspections. Barbeau said that inspections would be required by the State.
Curran suggested that in addition to limiting the hours of operation to 10 pm, they should not allow a PA or music. Follow additional discussion of the Board members, Curran stated that the operation of the track not be allowed before 9 am, switching to gas is not allowed, and that no more than eight (8) cars shall be running at any one time. Annie suggested limiting the special permit to use by this applicant only. Dionne made a motion to approve the petitioners request with seven standard conditions and the five special conditions here. The motion was seconded by Debski and approved (5-0) (Debski, Curran, Dionne, Belair, Harris).
Petition of PHILIP BOND requesting a variance from maximum lot coverage to allow for an 18’ x 12’ ground-level deck at 28 GROVE STREET (R1).
The petitioner explained he would like to remove the existing rear deck and build a new and larger deck. The deck would be approximately 18” of the lowest grade. Lash said that Tom St. Pierre treats uncovered porches as accessory structures, which have their own setback requirements, and still contribute to lot coverage. If it was a stone ground level patio, no variance would be needed. Barbeau confirmed there were no setback issues since the setbacks provided are over 5’.
Debski made a motion to approve the petitioner’s request for a variance subject to five standard conditions, and a sixth condition that the Board’s decision only allows for the demolition of the existing deck, and not demolition of anything else. Dionne seconded the motion and the petition was approved (5-0) (Stein, Curran, Debski, Harris, Dionne).
Petition of GEORGE BALICH requesting a variance from the maximum number of stories allowed (2 ½) to expand an existing 3rd floor dormer and a special permit to expand an existing non-conforming structure at 46 SUMMIT AVENUE (R1).
George Balich introduced his son Jason who is his partner in the renovation of the property at 46 Summit Avenue. They are looking to add a dormer to the third floor to provide more headroom and are seeking a variance to do so. Balich said other multi unit buildings in the area are similar. The space third floor space is 590 sq. ft. the dormer will just add more headroom.
Curran asked if the property has been vacant for more than two years. Balich said no, his other son was living there. Balich said they are going to make the first floor handicap accessible, he thinks people will be interest in this. They have six (6) parking spaces on site.
Attorney George Atkins said his 90 year old mother lives next door in the house he grew up in. He is in support of the petition and has been in communication with Balich about the renovations.
Stein said it was not a substantial dimensional request. Barbeau said the building permits for the first and second floor have already been issued.
Harris made a motion to approve the petitioner’s request for a variance subject to ten (10) standard conditions. The motion was seconded by Stein and approved (5-0) (Stein, Curran, Debski, Harris, Dionne).
Petition of NED WILLIAMS requesting a special permit for a change in nonconforming use to allow for the operation of a dog daycare at 247 JEFFERSON AVENUE (B1).
Ned Williams addressed the Board; he said the owner of the property was present. He said he doesn’t envision any changes to building. He currently runs his business, Creature Comforts at another location and operates the business between 9:00 am and 3:00 pm. He plans to have a bus deliver the dogs.
Curran asked if there is parking in the rear. Williams said yes, there is parking in the rear and there would be two caregivers parked there. Williams said student lives upstairs and they are generally gone during the day. Most of the activity would take place inside and some would be outside.
Harris asked whether or not the dogs would be picked up by their owners as well. Williams said in some cases the owner will pick up or drop off their dog, but this does not occur very frequently. He said some dog daycares do this, though they choose not too because it is too long of a day for the caregivers and the dog. Creature Comforts has keys to pick up and drop of the dogs at their homes. Creature Comforts is on Atlantic Avenue in Marblehead. Most of the business is dog walking, though day care has become a significant part of the business.
Curran made a motion to approve the petitioner’s request for a variance subject two (2) standard conditions and two (2) special conditions: hours be limited to 8-5, Monday- Friday and the number of dogs be limited to fifteen (15). The motion was seconded by Stein and approved (5-0) (Stein, Curran, Debski, Harris, Dionne).
Petition of WILLIAM WHARFF requesting a special permit for a change in nonconforming use and variances from maximum number of stories, minimum lot area per dwelling unit, and required parking to allow for construction of a third story and conversion of the current assembly hall to six residential condominiums at 17 NORTH STREET (R2).
Attorney Scott Grover introduced his client Bill Wharff, project Architect David Jaquith, his assistant Sarah, and George Fallon, from the Elks Club. Grover said Wharff has the property at 17 North Street under agreement. Grover reviewed the location and surrounding streets. He noted the property had been added onto over the years and has most recently been used by the Elks for gatherings with over 100 people. Grover said they are now proposing six (6) residential units and an additional third story. Grover said there had been 4 stories in the 1800s, and it currently looks like the top has been cut off.
Grover said a meeting was held last Thursday at the Elks with Historic Salem, Inc. and others. Grover said the those that attended the meeting commented they’d like the 3rd floor to be more prominent. Jaquith put a rough sketch together of a different more prominent 3rd floor design which was presented. Grover pointed out the eight (8) on site spaces. They are asking for a special permit to change the nonconforming use as well as a dimensional variance and a parking variance. Grover thinks the request for a height variance would cover the two designs and that the height is consistent with the buildings next door. Grover said they talked to the North Church and Ward 2 Councilor Michael Sosnowki, neither is opposed. Grover said it once was a grant structure and in recent
years the Elks got a proposal for a parking lot and rejected it.
Jaquith said this is a building that you drive by and want to work on. His client wants to do good things, his client asked that the parking lot be bricked and that the spaces are assigned. While coming up with the design Jaquith said he wanted to not encroach on side setbacks and interlock the old with the new. He said this it is not rental, this it is condominums proposed. The units will be interesting in that they vary greatly in terms of layout and types of spaces. They created balconies to keep a lighter look. A neighbor suggested a bike rack and they are considering adding this.
Dick Savickey (3 Eaton Place) wants to see it developed and not vacant.
James Poppe (19 North Street said he and his wife Pamela are very much in favor, the Elks has been derelict; their fire insurance has been taken away.
Gary Cherry (25 North Street) recently moved to Salem with his wife and three children; they like the urban environment. He thinks the proposal is exceptional. Currently there are parties and trash, and he’s had to have the police come because a party-goer made their way into his backyard. He thinks the redevelopment of this parcel would make the McIntire District more complete. Cherry asked if the façade would be brick? Jaquith said no, the parking lot and new walkway in front would be brick and the siding would be a wood board.
Barbara Cleary spoke on behalf of Historic Salem who owns the Bowditch House next door. They want to see the parcel redeveloped and don’t have an issue with the number of units. They would have issues with the partial third floor and think this should be a replica. They are concerned about the parking taking up the entire site and the snow removal.
Jeff Holloran owns two (2) condominium units across the street and is in favor.
John Carr (7 Rivers Street) said his office is in the Historic Salem headquarters. He said the property is on an important entrance corridor and is concerned that it looks like the building has a crew cut. He thinks the design is important here and wants to see the project go to the Historic Commission before the ZBA votes. He said that if the ZBA votes tonight, rights of appeal will expire before the Historic Commission review is over and before the design is set. He suggested the Board of Appeals vote to continue the petition.
Darrow Labovici supports the views of Barbara Cleary and John Carr. Lebovici said the project is going in the right direction, though they are not their yet. Lebovici urged that the Board continue the matter.
Jane Arlander (Federal Street) said she was an abutter to an abutter. She wants to building to look like it did in 1950.
Cherry said with respect to the Historic group, he would like to see the Board go forward and approve the request tonight because extending the process will cost the developer more money and he does not want to loose this proposal to redevelop the site.
Poppe agrees with Cherry and thinks the Board should allow the project to go onto the next step where it belongs.
Grover said that approval by the Historic Commission is not a rubber stamp and that there would be opportunities for the design to be altered during the Historic Commission review. Carr said people want to know what they are in support of. Grover said he hears concerns about design, not density which is the issue before the Board of Appeals.
Stein said she would be comfortable going either way. Harris said she doesn’t think the first design will get through the Historic Commission easily, she would prefer to see something that will go through. Belair said the approval can be conditioned upon approval by the Historic Commission. Stein agreed she did not think the Commission would approve the first design and acknowledges that the design will evolve. She said in the case of a variance, she thinks you need to give something back to the City to get something more. Debski agreed she liked the second design better and would like it to look like it used to more.
Grover said without the fundamental zoning relief you can’t do the project, so he suggests to his clients they come to the ZBA first.
Stein said she felt it may be premature to vote tonight and thinks the applicants could go to the Historic Commission with the confidence that they will get the variance from the ZBA when they return because the concerns are not about density and parking.
Harris wants to give the Historic Commission flexibility with the roof line and not place height limits with the variance yet. She is delighted to see pavers and not asphalt on the small lot and thinks it’s a fair trade off.
Following a discussion with his client, Grover requested to continue the petition until the July 16th meeting of the Board of Appeals. They will go to the Historic Commission on the same night.
Dionne made a motion to continue the item to the July 16th meeting, seconded by Stein and approved (6-0). Attorney Grover signed the standard waiver form waiving time requirements.
Old/New Business
Stein said it does not sound like there will be a quorum on August 20th and therefore the August meeting needs to be rescheduled. Stein suggested moving the meeting back a week. A motion was made by Stein to reschedule the August meeting from the 20th to the 27th, seconded by Curran and approved (6-0).
There being no further business before the Zoning Board of Appeals, Harris made a motion to adjourn the meeting, seconded by Stein and approved (6-0). The meeting was adjourned at 8:45 pm.
Respectfully submitted, Amy Lash, Staff Planner
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