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Approved Minutes, August 18, 2010
City of Salem Zoning Board of Appeals
Minutes of Meeting
Wednesday, August 18, 2010


A meeting of the Salem Zoning Board of Appeals (“Salem ZBA”) was held on Wednesday, August 18, 2010 in the third floor conference room at 120 Washington Street, Salem, Massachusetts at 6:30 p.m.

Those present were: Rick Dionne, Annie Harris, Bonnie Belair (alternate) and Jimmy Tsitsinos (alternate). ~Absent were: Robin Stein (Chair), Beth Debski (Vice Chair), and Rebecca Curran.

Also present were: Tom Devine, Interim Staff Planner, and Thomas St. Pierre, Building Commissioner.

Dionne opens the meeting at 6:30 p.m.

Approval of minutes
The minutes of July 21, 2010 were reviewed.  Devine states that the minute reflect a recent change to the state’s open meeting law, requiring decisions and a list of documents referenced to be included.

Harris moves to approve the minutes, seconded by Bonnie Belair and approved 4-0.

Continued from July 21, 2010: Public hearing: Petition of DILULLO ASSOC., INC. seeking a Variance to reduce the number of required parking spaces on the property located at 142 CANAL STREET [I].

Devines presents a letter from Dillulo requesting a continuance due to the presence of only four members of the board.

Harris moves to continue the public hearing at the September 15 meeting, seconded by Belair and approved 4-0.

Public hearing: Petition of ROBERT JACKSON seeking a Special Permit to demolish and reconstruct a nonconforming single or two family structure for the property located at 30 COLUMBUS AVENUE [R-1].

Devine presents a letter from Jackson requesting a continuance due to the presence of only four members of the board.  The petitioner is also working to resolve issues with neighbors.

Belair moves to open the public hearing at the September 15 meeting, seconded by Harris and approved 4-0.

St. Pierre suggests taking the remaining items in reverse order, since the last agenda item depends on the approval of the second to last., and the Board agrees.

Public hearing: Petition of THOMAS P. COTE seeking Variances from the required minimum lot area and required minimum lot frontage, for the two family home on the property located at 12 DERBY STREET [R-2].

The petitioner, Thomas P. Cote, says that his lot is already nonconforming and he is proposing to convey a strip of land to his neighbor, Ian Hunter at 14 1/5 Fort Ave., that roughly corresponds to Hunter’s existing easement.  I am happy to do this, since nothing can now be built on the easement.

Ian Hunter, 14 1/5 Fort Ave., who has a petition before the Board in conjunction with this one, says he is in favor of the petition.  Belair asks if Cote is aware that with only 4 members, unanimous approval is needed.  Cote responds affirmatively.

Dionne opens the issue to the public.

No members of the public speak in favor or in opposition.

Belair asks St. Pierre for his comments.  St. Pierre says the petition is straightforward.  It is a land swap that will give Hunter the strip of land currently in easement and allow a garage to be built.  Hunter identifies proposed movement of lot line on plan.  Harris remarks that the change will give Hunter more land.  Hunter shows that there is a small conveyance to Cote.  Harris asks where the garage will go.  Hunter identifies the proposed garage on the plan.  He says it was an old family plot subdivided into odd shapes sometime in the 1920s.  Dionne asks if Hunter will have to drive through the garage.  Hunters shows a walkway on the plan.  Harris states that this is clearer.  St. Pierre commends the surveyor for completing a difficult task and the petitioner and neighbor for coming up with a good plan.  Belair says that the lack of opposition speaks volumes in a neighborhood with a strong neighborhood association.  I am in favor.  Harris says the hardship is the odd shaped lot without frontage on a public way.  This is an improvement.

Harris moves to approve the request for Variance with conditions, seconded by Belair and approved 4-0 (Dionne, Harris, Belair, and Tsitsinos in favor, none opposed).

Public hearing: Petition of IAN HUNTER seeking a Variance from the required minimum side setback for an accessory structure, to build a garage for the single family home on the property located at 14 1/2 FORT AVENUE [R-2].

The petitioner, Ian Hunter, notes that he has a classic car that is in storage, and the garage will allow him to keep it on his property.  Other garages in the neighborhood are similarly placed, but mine would be smaller and in line with the character of the neighborhood.  He submits a letter of support from his neighbor Gustavo A. del Puerto, 8 Derby St.

Belair asks for the height of the garage.  Hunter says approximately 10 feet. St. Pierre notes that this is well below the maximum allowed of 18 feet.  Harris asks about garage doors.  Hunter says he will have doors on both ends.

Dionne opens the issue to the public.

No members of the public speak in favor or in opposition.

Cote says that Hunter is a good neighbor and he is happy to work out this deal.  Harris says the irregular lot without access to the street is the hardship.  St. Pierre says the garage should be marked as part of the property to make it clear to emergency workers.  Harris asks if the property is in a historic district.  Hunter says it is not.

Tsitsinos moves to approve the request for a Variance with conditions, seconded by Belair and approved 4-0 (Dionne, Harris, Belair, and Tsitsinos in favor, none opposed).

There being no further business before the Board, Harris moves to adjourn the meeting, seconded by Tsitsinos and approved unanimously.

Meeting adjourned at 7:00 p.m.

Respectfully Submitted,
Tom Devine
Interim Staff Planner

In addition to the applications before the Board and related materials, the following documents are referenced in these minutes and are available at the Department of Planning and Community Development.

Letter from Gustavo del Puerto, dated 8/17/10
August 20, 2010

Decision

Petition of Thomas P. Cote seeking Variances from the minimum lot area and minimum lot frontage requirements to relocate the lot line for the property located at 12 DERBY STREET in the Residential Two Family Zoning District [R-2].
A public hearing on the above petition was opened on August 18, 2010 pursuant to Mass General Law Ch. 40A, Sec. 11, the following Zoning Board members being present: Annie Harris, Rick Dionne, Bonnie Belair (alternate) and Jimmy Tsitsinos (alternate).
Petitioner seeks Variances under Section 4.1.1: Table of Dimensional Requirements, of the Salem Zoning Ordinance.
The Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the Petition submitted, makes the following findings of fact:
  • Petitioner Thomas P. Cote represented himself at the hearing.
  • In a petition date-stamped August 2, 2010, the petitioner requested to adjust the parcel boundary at 12 Derby Street to convey a piece of land to the property at 14 1/5 Fort Avenue to provide access to a public way and allow construction of a garage.
  • Ian Hunter, owner of 14 1/5 Fort Avenue, petitioned the Board separately for zoning relief related to the proposed lot line adjustment.
  • No member of the public spoke in favor or in opposition of the petition at the hearing.
The Board of Appeal, after careful consideration of the evidence presented at the public hearing, and after thorough review of the plans and petition submitted, makes the following findings:
  • Special conditions and circumstances exist affecting the parcel or building, which do not generally affect other land or buildings in the same district, and literal enforcement of the provisions of this ordinance would involve substantial hardship, financial or otherwise, to the appellant, since the neighboring lot lacks access to a public way.
  • Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the zoning ordinance, since the proposed changes to the parcel boundaries give the abutting lot access to a public way.
  • The petitioner may vary the terms of the Residential Two-Family Zoning District to adjust the lot lines as proposed, which is consistent with the intent and purpose of the City of Salem Zoning Ordinance.   
  • In permitting such change, the Board of Appeals requires certain appropriate conditions and safeguards as noted below.
On the basis of the above findings of fact and all evidence presented at the public hearing including, but not limited to, the Plans, Documents and testimony, the Zoning Board of Appeals concludes:
  • A Variance is granted from the minimum lot area requirement to adjust the property boundaries as shown on the submitted plans.
  • A Variance is granted from the minimum frontage requirement to adjust the property boundaries as shown on the submitted plans.
In consideration of the above, the Salem Board of Appeals voted four (4) in favor (Dionne, Harris, Belair, and Tsitsinos), none (0) opposed, to grant the petitioner’s request for Variances, subject to the following terms, conditions, and safeguards:
  • Petitioner shall comply with all city and state statutes, ordinances, codes and regulations.
  • Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board.
Richard Dionne
Salem Zoning Board of Appeals


A copy of this decision has been filed with the Planning Board and the City Clerk

Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20 days of filing of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied and is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner’s Certificate of Title.
August 20, 2010

Decision

Petition of Ian Hunter seeking a Variance from the minimum setback requirement for an accessory structure to build a garage on property located at 14 1/5 FORT AVENUE in the Residential Two Family Zoning District [R-2].
A public hearing on the above petition was opened on August 18, 2010 pursuant to Mass General Law Ch. 40A, Sec. 11, the following Zoning Board members being present: Annie Harris, Rick Dionne, Bonnie Belair (alternate) and Jimmy Tsitsinos (alternate).
Petitioner seeks a Variance under Section 3.2.4: Accessory Buildings and Structures, of the Salem Zoning Ordinance.
The Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the Petition submitted, makes the following findings of fact:
  • Petitioner Ian Hunter represented himself at the hearing.
  • In a petition date-stamped August 2, 2010, the petitioner requested to construct a garage on the property at 14 1/5 Fort Avenue.
  • Thomas P. Cote, owner of the property located at 12 Derby Street, petitioned the Board separately for zoning relief related to a proposed lot line adjustment that will convey property to 14 1/5 Fort Avenue to establish access to a public way and the ability to construct the proposed garage.
  • Gustavo A. del Puerto, 8 Derby Street, submitted a letter to the Board in support of the petition.
  • No member of the public spoke in favor or in opposition of the petition at the hearing.
The Board of Appeal, after careful consideration of the evidence presented at the public hearing, and after thorough review of the plans and petition submitted, makes the following findings:

  • Special conditions and circumstances exist affecting the parcel or building, which do not generally affect other land or buildings in the same district, and literal enforcement of the provisions of this ordinance would involve substantial hardship, financial or otherwise, to the appellant, since the lot will be configured is such a way that the only feasible location for a garage is the location proposed.
  • The proposed structure is in character with the neighborhood, therefore, desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the ordinance.  
  • The petitioner may vary the terms of the Residential Two-Family Zoning District to construct a garage as proposed, which is consistent with the intent and purpose of the City of Salem Zoning Ordinance.   
  • In permitting such change, the Board of Appeals requires certain appropriate conditions and safeguards as noted below.
On the basis of the above findings of fact and all evidence presented at the public hearing including, but not limited to, the Plans, Documents and testimony, the Zoning Board of Appeals concludes:
  • A Variance is granted from the minimum setback requirement for an accessory structure to construct a garage as shown on the submitted plans.
In consideration of the above, the Salem Board of Appeals voted four (4) in favor (Dionne, Harris, Belair, and Tsitsinos), none (0) opposed, to grant the petitioner’s request for a Variance, subject to the following terms, conditions, and safeguards:
  • Petitioner shall comply with all city and state statutes, ordinances, codes and regulations.
  • All construction shall  be done as per the plans and dimensions submitted to and approved by the Building Commissioner.
  • All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to.
  • Petitioner shall obtain a building permit prior to beginning any construction.
  • Exterior finishes of the new construction shall be in harmony with the existing structure.
  • A Certificate of Inspection is to be obtained.
  • Petitioner is to obtain street numbering from the City of Salem Assessor’s Office and shall display said number so as to be visible from the street.
  • Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board.


Richard Dionne
Salem Zoning Board of Appeals


A copy of this decision has been filed with the Planning Board and the City Clerk

Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20 days of filing of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied and is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner’s Certificate of Title.
Minutes approved by the Board of Appeals 10/20/10.