City of Salem Zoning Board of Appeals
Minutes of Meeting
Wednesday, October 21, 2009
A meeting of the Salem Zoning Board of Appeals (“Salem ZBA”) was held on Wednesday, October 21, 2009 in the third floor conference room at 120 Washington Street, Salem, Massachusetts at 6:30 p.m.
Those present were: Robin Stein (Chair), Rick Dionne, Becky Curran, Bonnie Belair (alternate), and Jimmy Tsitsinos (alternate).
Also present were: Danielle McKnight, Staff Planner, and Thomas St. Pierre, Building Commissioner.
Those absent were: Annie Harris and Beth Debski.
Stein opens the meeting at 6:30 p.m.
1. Approval of Minutes
The draft minutes of September 16, 2009 are reviewed; no changes are suggested. Dionne moves to approve the minutes, seconded by Belair and passed 3-0 (Tsitsinos, Belair, Dionne).
2. Petition of MARGARET HANNIFIN, seeking a Variance from side and rear yard setback requirements, and for a Special Permit to alter a nonconforming structure, to allow for the construction of a 3’x3.5’ one-story addition to the existing single-family house on the property at 21A PICKMAN STREET, Salem, MA, in the Residential Two-Family Zoning District.
Andrew Ambrose, contractor on the project, and Margaret Hannifin, the owner, are both present. Ambrose presents the petition, explaining they are converting the mud room into a bathroom, resulting in a 3’ x 3.5’ addition.
Stein opens the public comment portion of the hearing; no comments are made. She closes the public comment portion.
Stein says this is a minimal request and is consistent with the zoning ordinance. Curran moves to grant a variance and special permit – for side and rear yard setback and to alter a nonconforming structure, with six (6) standard conditions.
St. Pierre and Stein discuss whether variances are needed for this project, or just a special permit, given the updates in the newly recodified zoning ordinance. Stein suggests a special permit would be sufficient; St. Pierre says that may be, but the Board should grant a variance also, in case it is also needed. McKnight notes that if a variance is granted, the issue of hardship should be addressed. Ambrose says the lot is oddly shaped; Dionne agrees. Stein says the petition is consistent with the bylaws and seconds Curran’s motion to grant the petition, which passes 5-0 (Stein, Curran, Tsitsinos, Belair and Dionne in favor, none opposed).
3. Petition of PETER STROUT seeking a Variance from minimum front yard setback requirements to allow for a construction of a one-story addition, including a new front entrance and deck above, on the property located at 19 INTERVALE ROAD, Salem, MA, in the Residential One-Family Zoning District.
Tim Barton, the property owner, and Peter Strout, contractor, present the petition. Strout says they are proposing a new entrance. He explains that entering the property currently requires driving up a very steep driveway; the existing stairs and platform zigzag down the hill, making the house difficult to enter. Curran asks if the stairs extend off the lot and onto the street. Strout says they do, and explains that this is a two-lane street, but only one lane was built, and the stairs do extend onto the portion of the right-of-way not used as a street. Curran asks if this is a private road; Strout confirms that it is. Strout says he lives down the street, and he has the right to pass and repass.. Curran clarifies that they are abandoning the existing stairs and building the deck above; Strout
says this is right. Curran asks if new stairs will be required; Strout says he thinks they will but are unsure. Stein asks if they want to continue the hearing and come back after they have figured that out, since the stairs may further intrude on the front yard setback, and the Board needs to know how much relief to grant. Strout says they would prefer not to continue and delay construction. Stein suggests the Board condition the decision so that the stairs could be only a certain distance from the lot line; Curran says this may not be necessary, since it would only be the steps that would be in the front yard and this doesn’t count as front yard encroachment. Strout says that the relief would be for a seven-foot setback; he will not be going into the roadway.
Stein notes that the soil conditions would make it hard to build here – there is a lot of ledge. Curran asks if he will keep the current detail around door; Strout says yes.
Stein notes for record that no members of public are here to comment.
Stein says the streetscape will be improved with this project. For the relief, she says they cannot build more than 8 feet into the setback.
Curran moves to approve the petition with six (6) standard conditions and a condition that building would not extend more than 8 feet into the front yard setback, seconded by Stein and approved 5-0 (Stein, Curran, Dionne, Belair, Tsitsinos). Curran notes that the hardship is owing to the soil conditions and topography.
With no further business before the Board, Dionne moves to adjourn the meeting, seconded by Curran and approved 5-0.
Stein adjourns the meeting at 6:58 p.m.
Respectfully submitted,
Danielle McKnight, Staff Planner
Approved by the Board of Appeals 11-18-09.
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