City of Salem Zoning Board of Appeals
Approved Meeting Minutes
Wednesday, January 16, 2013
A meeting of the Salem Zoning Board of Appeals (“Salem ZBA”) was held on Wednesday, January 16, 2013 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, Richard Dionne, Mike Duffy, and Bonnie Belair. Those absent were: [NAMES]. Also present were Thomas St. Pierre, Director of Inspectional Services, and Tom Devine, Staff Planner.
Ms. Curran opens the meeting at 6:30 p.m.
Approval of minutes: The minutes of 12/19/12 are reviewed. Ms. Belair states that she was not present at the December 19 meeting. Mr. Dionne moves to approve the minutes, seconded by Mr. Duffy and approved 4 in favor, none opposed, and 1 abstaining.
Executive session for purposes of:
- Discussion of litigation re: 16 Saunders Street in McKinnon v. Byrne ESCV 2009-01545C and in Byrne v. Curran 2012-01567C
- Discussion of litigation in Higgins v. City of Salem et al. 12 Misc. 474478 (GHP)
Ms. Curran announces that the Board will be going into Executive Session to discuss litigation; it is not beneficial to the case to discuss the matter in open session.
Mr. Duffy moves to go into Executive Session, seconded by Mr. Dionne, and approved 5-0 (Ms. Curran, Ms. Harris, Mr. Dionne and Mr. Duffy, and Ms. Belair in favor, none opposed). The Board leaves the room at 6:05.
Mr. Duffy moves to reconvene in open session at 7:05, seconded by Mr. Dionne and approved 5-0 (Ms. Curran, Ms. Harris, Mr. Dionne and Mr. Duffy, and Ms. Belair in favor, none opposed). The Board returns to the room.
Public Hearing: Petition of JOHN & CATHERINE RANDALL requesting a Variance from Sec. 5.1, Off-Street Parking, of the Salem Zoning Ordinance, in order to allow a parking space of less than the required width on the property located at 46 CHESTNUT ST (R-1 Zoning District).
Documents & Exhibitions:
- Application date-stamped 12/20/12 and accompanying materials
- Letter of support from Denice Brait and John H. Connelly of 48 Chestnut Street, undated
- Letter of support from Ken and Debra Harris of 42 Chestnut Street, undated
- Letter of support from Katheryn and Joe DiPietro of 44 Chestnut Street, undated
Petitioner John Randall of 46 Chestnut Street describes the proposal. He states that the Historical Commission has approved moving the historic fence post to accommodate the parking space.
Ms. Harris states that she lives in the neighborhood but is not a direct abutter and asks Ms. Curran whether that is a conflict. Ms. Curran replies that there is no conflict if she is not a direct abutter.
Ms. Curran opens the meeting to public comment but there are none.
Mr. Randall reads letters from neighbors supporting the variance: Denice Brait and John H. Connelly of 48 Chestnut Street, and Katheryn and Joe DiPietro of 44 Chestnut Street
Ms. Curran says that she believes that granting this variance will not have any detrimental effect on the neighborhood. Ms. Harris agrees and says that having to take your car of the street for street cleaning and during a snow parking pan is a hardship.
Mr. Dionne moves to approve the petition with 1 standard condition. Mr. Duffy moves to amend the motion to approve adding 4 standard conditions. The motion is approved 5-0 (Ms. Curran, Ms. Harris, Mr. Dionne and Mr. Duffy, and Ms. Belair in favor, none opposed). The decision is hereby incorporated as part of these minutes.
Public hearing: Petition of GARY MCCOY, POYANT SIGNS requesting a Variance from signage requirements of Sec. 4 of the City of Salem Code of Ordinances and Sec. 8.2 of the Salem Zoning Ordinance, for the CVS/Pharmacy store located at 300 CANAL ST (B-2/R-1 Zoning District).
Documents & Exhibitions:
- Application date-stamped 12/20/12 and accompanying materials
- Memorandum from Director of Planning & Community Development, dated 1/9/13 recommending denial of variance
- Set of 8 photos submitted at hearing by Gary McCoy, undated
- Letter of opposition from City Councilors Josh H. Turiel and Joseph A. O’Keefe, Sr., dated 1.13/13
Petitioner Gary McCoy of Poyant Signs presents. He says that in order to open the CVS quickly, they obtained by-right sign permits knowing that they would come afterwards for the relief needed to install additional signage. He states that none of the signage is proposed be to internally illuminated. Ms. Harris asks where the other tenants are on the plan and Mr. McCoy describes. He states that there are two entrances and that the site is difficult to navigate.
Mr. St. Pierre states that the entrances were minimized with careful Planning Board and Mass Highway review.
Mr. McCoy says that he questions the method used to calculate frontage and allowable signage area, because the property fronts as many as three streets—Jefferson Ave., Canal St., and Kinmball Road. Ms. Curran asks what signs are present now and Mr. McCoy describes.
Ms. Curran says she things the existing signs are very visible and is at a good scale for this residential neighborhood. The other units have building signs. More signs can be added to the pylon signs. Thirty feet in height seems excessive.
Ms. Harris states that the proposed signage is more appropriate for a strip mall and not appropriate for this location.
Ms. Belair asks why there is a hardship. Mr. McCoy replies that there are a number of unique characteristics of the property: the number of businesses, access limitations, and the setback from the street. Ms. Belair states that several Canal Street businesses share these characteristics and she therefore does not believe they create a unique hardship.
Ms. Curran opens the meeting to the public.
Ben Anderson of 10 Adams Street says that there are 3, and not 2, entrances, and that Tedeschi already has a freestanding sign on Jefferson Ave. and additional signage would be excessive. He does not think a 30’ sign would be in character with current or future development in the neighborhood. He thinks that the building signage is acceptable, but a 30’ sign would be taller than the light posts that were reduced in size during Planning Board review. He believes that there is sufficient space for other sign panels on the existing freestanding sign.
Matt Veno of 20 Forest Ave., member of the Salem Redevelopment Authority, reads a letter opposing the variance signed by City Councilors Joseph A. O’Keefe and Josh Turiel. Mr. Veno states that he believes that proposal is out of character with the neighborhood. The City has stopped other Canal Street properties from installing noncompliant signage. There is a history of the City taking this matter seriously and encouraging signs that are appropriate for the neighborhood.
Pauly Wilbert, 7 Peters St., says she agrees with the last two speakers. She agrees with Lynn Duncan’s recommendation for denial of the variance in her memo to the Board. The Tedeschi signs would have to come down because only two freestanding signs are allowed. The City has held the line with other property owners and ensured compliance with the limitations on signage. Allowing relief in this case could create a sign race among businesses competing for exposure.
Ms. Wilbert adds that the CVS is Vinnin Square has no tenant signage, but people have no problem finding the store. With technology, signs are not longer as important as they once were, since smartphones help us find what we want. She says that 30’ is not needed in order to be visible and she recommends denial of the variance.
Jim Rose of 25 Linden St. says he is in agreement with the other members of the audience who have spoken. The 15’ sign is very visible on Canal Street. If another is installed on Jefferson Ave., it should be far away from the first residential property, perhaps between the two curb cuts. He states that no one is using Kimball Road for access to the property.
Mr. McCoy says that he did misspeak regarding the number of entrances. There is an additional entrance into Tedeschi that will remain. Our objective is to obtain adequate sign space for our tenants. Thirty feet is not an arbitrary height, but what we had originally planned in addition to a monument sign on Jefferson Ave. that would be less than 6’ in height.
Mr. McCoy wonders if there could be some middle ground. Ms. Harris suggests that the petitioner withdraw and modify the proposal. Ms. Curran states that the Board would need to see plans if the proposal is modified, but nothing before her tonight seems deserving of a variance.
Mr. Duffy notes that the application states that internally illuminated signs are proposed, but that Mr. McCoy is now proposing externally illuminated signs. That and the monument sign would be a big change from what is proposed in the application. It may make sense to amend or to submit a new application. Mr. St. Pierre says that a continuance could be simpler for the applicant than an entirely new proposal.
Ms. Harris says that she doesn’t see cause for a variance after careful thought from the City Council and Planning Department in crafting and implementing the sign regulations. I don’t want to encourage you to think that this plan in a modified form would be worth a variance. Ms. Belair says that she agrees with Ms. Harris.
Mr. Anderson says that more tenants could be added to the existing pylon sign. Mr. McCoy says that it is standard for CVS to use 2/3rds of the sign area.
Mr. McCoy says that in light of the feedback he has heard at this meeting, he would like to withdraw the petition without prejudice.
Ms. Belair moves to approve the request to withdraw without prejudice, seconded by Mike Duffy and approved 5-0 (Ms. Curran, Ms. Harris, Mr. Dionne and Mr. Duffy, and Ms. Belair in favor, none opposed). The decision is hereby incorporated as part of these minutes.
Old/New Business
Mr. Devine announces that the Mayor has appointed two new members to the Board: Tom Watkins as a full member and David Eppley as an alternate.
Mr. Devine updates the Board on the City’s search for a new Staff Planner to staff the Board. The City has received many applications and has begun interviewing candidates.
Adjournment
Motion to adjourn by Ms. Harris, seconded by Mr. Duffy. Adjourns 8:05 p.m.
Respectfully submitted,
Tom Devine, Staff Planner
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