City of Salem Zoning Board of Appeals
Minutes of Meeting
Wednesday, March 18, 2009
A meeting of the Salem Zoning Board of Appeals (“Salem ZBA”) was held on Wednesday, March 18, 2009 in the third floor conference room at 120 Washington Street, Salem, Massachusetts at 6:30 p.m.
Those present were: Robin Stein (chair), Bonnie Belair (alternate), Richard Dionne, and Jimmy Tsitsinos (alternate). Those absent were Annie Harris, Rebecca Curran and Beth Debski. Also present were Thomas St. Pierre (Building Commissioner) and Danielle McKnight (Staff Planner).
Stein opens the meeting at 6:35 PM.
Approval of Minutes
Dionne moves to approve minutes of the 2/18/09 meeting; Stein seconds. Motion passes 3-0 (Dionne, Belair, Tsitsinos).
Public Hearings
Petition of UNITED FINANCIAL CONSULTANTS, LLC seeking variances for lot area; lot width; front, side, and rear yard setbacks; allowance of two dwelling structures on the lot; and allowance of five parking spaces; and a special permit to reconstruct a nonconforming structure for the property located at 272 JEFFERSON AVENUE, Salem, MA (B1 zoning district). Attorney George Atkins. Continued from November 19, 2008 and January 21, 2009.
Attorney Atkins requests a continuance for 272 Jefferson Ave. to April 15, 2009, since only four members are present at this meeting and a unanimous vote would be required for the petition to pass. Stein says she doesn’t have a problem with continuing this petition because of the number of Board members absent, which is not the fault of the applicant, but that it the petition does need to go ahead soon. Belair says she feels the same way and will be opposed to continuing the petition again in the future.
Dionne moves to continue the petition to the April 15, 2009 meeting; Stein seconds. The motion passes 4-0 (Belair, Stein, Tsitsinos and Dionne in favor, none opposed).
Petition of STEPHEN MORRIS, seeking a Special Permit to modify the currently nonconforming use (office space) to another nonconforming use (multifamily residential) to allow conversion of the existing structure to five residential units on the property located at 315-317 ESSEX STREET, Salem, MA (R2 zoning district). Attorney George Atkins.
Attorney Atkins requests to continue this petition to April 15, 2009, since only three members (Dionne, Belair and Tsitsinos) are present at this meeting who were also present when the hearing was opened at the February 18, 2009 meeting. Atkins also notes that revised plans have been submitted to the Board. Belair moves to continue the hearing to April 15, 2009; Stein seconds. The motion passes 4-0 (Dionne, Stein, Belair and Tsitsinos in favor, none opposed).
Petition of PAUL FERRAGAMO, seeking variances from minimum lot area, minimum lot width, and minimum depth of front yard to allow for a proposed subdivision for twelve (12) single-family homes at 405-427 HIGHLAND AVENUE, Salem, MA (R1 zoning district). Attorney George Atkins.
Attorney Atkins requests to continue this petition to April 15, 2009, since, as with the previous petition, only three members (Dionne, Belair and Tsitsinos) are present at this meeting who were also present when the hearing was opened at the February 18, 2009 meeting. Like the previous petition, new plans have been submitted to the Board. Belair moves to continue the hearing to April 15; Stein seconds. The motion passes 4-0 (Dionne, Stein, Belair and Tsitsinos in favor, none opposed).
Petition of FRANK SWASEY seeking variances from minimum front and side yard setbacks, and from maximum distance of an accessory structure (carport) to the principal structure, to accommodate construction of a covered carport on the property located at 16 BURNSIDE STREET, Salem, MA (R-2 zoning district).
Swasey presents his petition, explaining that due to a heart condition, he should not shovel snow. The solution would be a covered carport to reduce snow clearing. Swasey presents photos of his property and explains where the structure would be. St. Pierre asks if the carport will be the width of two cars, and Swasey confirms that it is.
Stein opens the issue up for public comment. No one comments; Stein closes the public comment portion.
Stein comments that the petition is not inconsistent with City ordinances and that it is not a large imposition on the property. Dionne says there would still be enough of a buffer between the structure and the neighboring structure.
Tsitsinos moves to approve the petition subject to six (6) standard conditions. Stein seconds. The motion passes 4-0 (Stein, Tsitsinos, Dionne and Belair in favor, none opposed).
Petition of MICHAEL R. MCLAUGHLIN requesting to modify a Special Permit granted in 2005, to allow additional nonconforming uses (small tradesman, handyman and contractor ) to a currently nonconforming use (plumbing business) at the property located at 62 JEFFERSON AVENUE, Salem, MA (R-1 zoning district).
McLaughlin presents his petition and talks about recent improvements he has made to his building, passing out copies of a report summarizing these improvements to the Board. He explains that he was previously granted a Special Permit for a plumbing use by the Board in 2005, but at the time didn’t understand that the wording of the decision strictly limited the use only to plumbing. He is requesting clarification of the language because he would like to add new uses.
McKnight passes out copies of a letter submitted by an abutter, Robert Dunham of 60 Jefferson Ave., stating that auto repairs, a use not permitted, are taking place on the premises and requesting the Board consider this before issuing a permit for additional uses. Stein reads the letter into the record.
McLaughlin responds that he is not running an auto repair business, but that he does rent the space out to a tenant. However, he is not aware of any repairs being done. He is aware of cars being parked there, which is permitted.
St. Pierre says there is no longer a licensed used car dealer there. Stein asks if oil changes and similar activities would be allowed; St. Pierre says that is not permitted outdoors – it must be done inside on floors. St. Pierre tells McLaughlin to stop the person he’s renting to from doing repairs. McLaughlin agrees.
Belair says she has no problem granting the request with certain restrictions on uses – for example, no retail, and specified hours of operation. Stein asks how much space is dedicated to the separate businesses of contractor/handyman. McLaughlin says about 1,000 SF, or one garage bay.
Stein opens the issue up for public comment. No one comments; Stein closes the public comment portion.
St. Pierre suggests a condition that says storage must be indoors, and the contractor stays within his business. Stein asks what the hours of operation are. McLaughlin says he does plumbing 24/7 and his business is part of a franchise. Stein says the Board doesn’t have to specify hours for this type of business; these are emergency services done offsite. However, she doesn’t want someone working onsite in the middle of the night. St. Pierre points out that the City noise ordinance kicks in during late night hours.
Stein says the Board needs clarification of exactly how McLaughlin plans to use the space; they can’t just issue a blanket Special Permit for all commercial uses. The number of uses must be limited.
Belair asks how much parking is on the site; McLaughlin says between 8 and 12 spaces.
Stein suggests a condition that late night uses be limited to emergencies, and that the existing plumbing business would be allowed to continue, with the additional use of contractor/handyman. Indoor storage would be permitted; outdoor storage not permitted. Car storage would be allowed outside, so the repo/towing/short term parking business would continue. Tow/repo hours would be allowed only until 11 p.m., and could not exceed 5 cars at any time. No outdoor auto repairs will be allowed. Four appropriate uses at a time would be permitted, one for each unit.
McLaughlin says he will resolve the problems with outdoor oil changes, etc.
Belair moves to approve the petition with three (3) standard conditions and five (5) special conditions, with the terms of the previously granted decision incorporated. Dionne seconds the petition; it passes 4-0 (Tsitsinos, Belair, Dionne and Stein in favor, none opposed).
Old/New Business: Request for extension of Variances granted to North River Canal LLC for the property at 28 Goodhue Street, Salem, MA.
McKnight says the Planning Board granted an extension of its Special Permits to December 31, 2009 at its last meeting on March 5, 2009. Anthony Roberto, one of the property owners, presents his request. Belair asks Roberto if he intends to go ahead with the project; Roberto says yes. Dionne moves to grant the request to extend the Variances granted; Stein seconds. The motion passes 4-0 (Stein, Belair, Tsitsinos and Dionne in favor, none opposed).
Dionne moves to adjourn the meeting; Stein seconds; all in favor. Meeting adjourns at 9:20 pm.
Respectfully submitted,
Danielle McKnight, Staff Planner
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