City of Salem Zoning Board of Appeals
Minutes of Meeting
Wednesday, September 21, 2011
A meeting of the Salem Zoning Board of Appeals (“Salem ZBA”) was held on Wednesday, September 21, 2011 in the third floor conference room at 120 Washington Street, Salem, Massachusetts at 6:30 p.m.
Those present were: Rebecca Curran (Chair), Annie Harris, Jimmy Tsitsinos (alternate), and Bonnie Belair (alternate). Those absent were: Beth Debski, Jamie Metsch and Richard Dionne. Also present were Thomas St. Pierre, Director of Inspectional Services, and Danielle McKnight, Staff Planner.
Ms. Curran opens the meeting at 6:30 p.m.
Approval of Minutes
The minutes of July 20, 2011 are reviewed. Ms. Harris moves to approve them, seconded by Mr. Tsitsinos and approved (4-0).
Discussion and vote: 315-317 ESSEX ST – Clarification of intent of Special Permit and Variance issued March 17, 2011, per remand.
Documents & Exhibitions:
- Petition dated February 2, 2009
- Special Permit decision filed April 22, 2009
- Petition dated February 26, 2010
- Special Permit and Variance decision filed March 31, 2010
Minutes of March 16, 2011
Robin Stein, Assistant City Solicitor, reviews the case. She says the applicant, Stephen Morris, came in April 2009 seeking a Special Permit, which was appealed. The developer worked with the appellant and filed a new proposal in March 2010 to convert the entire building into 6 units. Ms. Stein says that from reading the minutes and from her own memory, the neighbors and the appellants were happy with the new project, and the new Special Permit would resolve and take precedence over the old project. However, she says that Attorney Carr doesn’t think it takes precedence and the language isn’t specific enough to void the 2009 Special Permit. She says the Judge is concerned there is not enough in the language to get rid of the 2009, and won’t dismiss this unless he’s comfortable with
the language. She says if the Board agrees with her, the intent was to replace the old Special Permit with the new.
Mr. St. Pierre asks if the Special Permit has now expired; Ms. Stein says no, since it was under appeal.
Ms. Stein, reading from the minutes of the March 2010 meeting, quotes Attorney Atkins (who represented the applicant) saying this would take precedence over the previously issued Special Permit.
Ms. Curran asks if the Board’s vote will be to rescind the 2009 decision. Ms. Stein says that whereas it was the Board’s intent to void the 2009 decision, they should take a vote to void it. She says they need to reaffirm the intent from that meeting. Ms. Curran says she has no issue with that – she feels that was the intent. Ms. Belair makes a motion that whereas it was the intent of the board in granting the Special Permit for 315 Essex St., dated March 31 2010, to void the Special Permit dated April 17, 2009, the Board voids the Special Permit granted in 2009 for 315-317 Essex St.
Attorney George Atkins is also present, and he notes that he represents petitioner in both cases and says the second decision makes the first decision moot, in reality.
The motion is seconded by Ms. Harris and approved 4-0 (Mr. Tsitsinos, Ms. Belair, Ms. Harris and Ms. Curran in favor, none opposed). The decision is hereby incorporated into these minutes.
Continuation of public hearing: Petition of THE SALEM MISSION LLC D/B/A LIFEBRIDGE requesting Variances from rear yard setback, height (feet), height (stories), minimum area per dwelling unit, and parking, to add two stories to the existing building at 56 MARGIN ST, Salem, MA, creating twenty-two (22) units of residential housing (R-2). Mission: RC we do not have a quorum tonight, petitioner has agreed to continue, need form signed.
A quorum is not present tonight to hear this petition. Attorney Atkins states that they cannot go forward because there are not enough members present who can vote on the petition. He submits a request to extend the deadline for final action on the project to November 2, 2011. Ms. Harris moves to continue to the hearing to October 19, 2011 and to extend final action on the project to November 2, 2011, seconded by Ms. Belair and approved 4-0 (Ms. Belair, Mr. Tsitsinos, Ms. Harris and Ms. Curran in favor, none opposed). The record of the vote to extend is hereby made a part of these minutes.
Public hearing: Petition of CHRISTOPHER J. LEBLANC requesting a Special Permit to extend a nonconforming structure by constructing a second story addition on the property located at 20 SOUTHWICK ST (R-2).
Documents & Exhibitions:
- Application date-stamped 8/31/11 and accompanying materials
- Assessor plate of 20 Southwick St.
- Photographs
Mr. LeBlanc presents the petition. His wife, Jenny Hobbes, is also present. Mr. LeBlanc explains they want to put in the second level so they will have enough bedrooms for his children, who currently share a room. They will be adding 900 SF and staying in the current footprint.
Ms. Curran asks if they are going directly up? Mr. LeBlanc says that’s correct. He says the house did have a second level in the 1980’s, and it burned down, but instead of putting up a second level they put an addition off the kitchen for a master bedroom. He says the house was built in 1901.
Ms. Harris asks for confirmation that they are putting a second floor on the entire house; Mr. LeBlanc says yes. Ms. Curran asks if part of the house is a garage; Mr. LeBlanc says there was one there previously, but it’s not there anymore.
Ms. Curran asks how far off the back they are in the yard. She says it looks close, about a foot from the property line. Is there an alleyway there?
Ms. Harris asks about the former garage. Mr. LeBlanc says now it’s just a gravel driveway – there is no structure where there used to be a garage.
Ms. Harris asks for clarification of what they need the Special Permit for; Mr. St. Pierre says the house is dimensionally nonconforming, so they are expanding a nonconforming structure.
Ms. Curran notes that the assessor’s map the Board received is it’s difficult to look at instead of a plot plan, since it’s not to scale. She says it’s hard to tell what is going on. They will need to know exactly how far away this is from the lot line.
Ms. Curran opens the public comment portion of hearing.
Leslie Limon, 18 Southwick St., supports the petition.
Ms. Curran asks if they have talked to the people on Orchard St., noting that as abutters, they would have been notified. Mr. LeBlanc says they are fine with it.
Ms. Curran asks how big the lot is; Mr. LeBlanc says 8200 SF.
Ms. Harris asks if they are proposing a larger front door and a staircase? Mr. LeBlanc says the stairs are preexisting, and they just go to attic.
Ms. Curran discusses the changes in the windows and asks if they are keeping the deck. Mr. LeBlanc says yes. He explains that they changed the plan for the stairs, which were originally going to go through the living room. Ms. Curran says the Board should have plans for what he is actually going to build – if this has changed. Is this an earlier plan? If we approve this, these are the plans of record.
Ms. Belair asks if they are changing the siding. Mr. LeBlanc says they might change from shingles to clapboards, but they won’t be using vinyl. He says it would be consistent – if they do clapboards, it would be the whole house.
Ms. Belair says she has no problem with this – they are not changing the footprint, and the house did have a second floor before. She says this is an improvement.
Mr. LeBlanc says he wishes they didn’t have to do the work, but his kids are getting too big to share a room.
Ms. Curran says she has no problem with the project - she would just like to have accurate plans that show what’s being done. If this is what they are doing, that’s fine, but if they’re doing something different, they need the plans to show that. Mr. LeBlanc and Ms. Hobbes explain that this is accurately drawn. Ms. Harris says she thinks the footprint is increasing. Mr. St. Pierre says they can do the addition that is shown, which conforms to zoning, by right. It’s the second story they need the Special Permit for.
Ms. Curran closes the public comment portion of the hearing.
Ms. Belair moves to approve the petition with 8 standard conditions, seconded by Ms. Harris and approved 4-0 (Ms. Curran, Ms. Harris, Ms. Belair and Mr. Tsitsinos in favor, none opposed). The decision is hereby incorporated into these minutes.
Public hearing: Petition of THREE SONS WINDOW & DOOR INC. requesting a Variance from number of stories and a Special Permit to extend a nonconforming structure in order to construct a shed dormer on the house located at 25-25½ BARR ST (R-2).
Ms. McKnight says the applicant has submitted a request to continue to October 19, 2011, since there are only four voting members present tonight. Ms. Harris moves to continue to October 19, 2011, Mr. Tsitsinos seconds the motion, and it passes 4-0 (Ms. Harris, Mr. Tsitsinos, Ms. Belair and Ms. Curran in favor, none opposed).
Request for withdrawal without prejudice: petition of WILLIAM WHARFF, MANAGER, 11R WINTER ISLAND ROAD requesting a Special Permit under Sec. 3.3.5 of the Salem Zoning Ordinance reconstruct a nonconforming Single Family residential structure, and a Variance under Sec. 5.1.5 to allow tandem parking, for the property located at 11R WINTER ISLAND ROAD (R-1).
Ms. Harris moves to allow the petitioner to withdraw without prejudice, seconded by Mr. Tsitsinos and approved (Mr. Tsitsinos, Ms. Harris, Ms. Curran and Ms. Belair in favor, none opposed). The decision is hereby incorporated into these minutes.
Ms. Curran moves to adjourn the meeting, Ms. Harris seconds the motion; all are in favor and the meeting adjourns at 7:05 p.m.
Respectfully submitted,
Danielle McKnight, Staff Planner
Approved by the Board of Appeals 10/19/11
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