City of Salem Zoning Board of Appeals
Minutes of Meeting
Wednesday, June 20, 2007
A meeting of the Salem Zoning Board of Appeals was held on Wednesday, June 20, 2007 in the third floor conference room at 120 Washington Street, Salem, Massachusetts at 6:30 p.m.
Those present were: Robin Stein, Elizabeth Debski, Richard Dionne and Steve Pinto. Also present were Building Commissioner Thomas St. Pierre and John P. Bossé.
Members absent: Annie Harris.
Members Elizabeth Debski, Richard Dionne, Steven Pinto and Robin Stein voted 4 – 0 to elect Robin Stein as the new chairperson of the Salem Zoning Board of Appeals.
Ms. Stein offered the public the opportunity to speak on her new position as chairperson and no member of the public came forward to speak.
Petition of Igreia Evangelica Pentecostal Regarding Off Street Parking Per Section 7-3 of the Salem Zoning Ordinance.
Building Commissioner Thomas St. Pierre stated that the petition of Irgeia Evangelica Pentecostal was withdrawn because the petitioner intends to operate a place of worship at 430 Essex Street. Pursuant to Salem Zoning Ordinance Sec. 7-3(c) “off-street parking shall not be required for any church or other place or worship.”
Chairperson Robin Stein informed the petitioners that because only 4 members of the Salem ZBA were present, petitioners had the option of not coming forward with their respective petition and to continue such petition until the Salem ZBA’s July meeting. Ms. Stein stated that the grant of a petition requires 4 votes by members of the Salem ZBA in favor of granting the petition.
Petion of Groom Realty LLC Seeking a Variance from the Height Requirement of Accessory Structurre (18 feet) to Allow a Wind Turbine of 41 Feet for the Property Located at 96 Swampscott Road.
The petitioner, Groom Realty LLC, respectfully requested the Salem ZBA to make the first presentation of the night, which was granted by the Salem ZBA. The petitioner, was represent by Susan St. Pierre, a principal of Vine Associates, Inc. Thomas St. Pierre, Building Commissioner for the City of Salem made a public disclosure that he was a cousin to Ms. Susan St. Pierre.
The proposed wind turbine for property located at 96 Swampscott Road is an accessory structure under the Salem Zoning Ordinance and requires a variance from the maximum height requirement of 18 feet to 41. See Salem Zoning Ordinance Sec. 7-8(4).
The proposed wind turbine will operate as a model according to Thomas Dowd. Ms. St. Pierre stated that the noise from the turbine is similar to an air conditioner on top of a commercial or industrial building.
Ms. Stein read a letter into the record on behalf of Robert DeRosier, in support of the proposed wind turbine.
Steve Berson, 45 Britania Circle, inquired whether a notice study has been
conducted for the proposed wind turbine. Mr. Pinto inquired how far away Mr. Berson’s condominium was away from proposed wind turbine. Ms. Stein was comfortable with the fact that the proposed wind turbine would not interfere with neighbors use and enjoyment of their property given the information from manufacturer and the distance between the turbine and condominiums. Mr. Dowd explained that at a certain speed the turbine turns off.
Ms. Stein moved that the board approve the petition of Groom Realty LLC for a variance. Five conditions were placed upon the variance. The board voted 4 to 0, to grant the variance, with five conditions.
Petition of Claudia Churber Seeking a Special Permit to Allow Property to be Used for Professional Use (McLaughlin Financial) for the Property Located at 90 Highland Avenue.
The petitioner, Claudia Chuber (“petitioner”), sought a special permit to allow professional use of real property located at 90 Highland Avenue, Salem, located within a multifamily residential (R-3) zoning district. Petitioner was represented by Claudia Chuber, who stated that when she and her husband, Michael A. McLaughlin purchased the property it was being used as a single-family dwelling. Additionally, the house prior to its use as a single-family dwelling, was used for medical offices.
Petitioners currently operate their mortgage company on the first floor of the property at
90 Highland Avenue. The upper level of 90 Highland Avenue consists of two residential
dwelling units that the petitioners lease. Petitioner is seeking a special permit to allow for business use that is not limited to medical use.
Petitioner noted that 90 Highland Avenue abuts other properties that are used for business
purposes. Petitioners property has 6 parking spaces within the property lines, as well as,
11 parking spaces in front.
Chairperson Stein moved that the petition for a special permit for 90 Highland Avenue be granted. The board voted 4 to 0 to grant the petitioners special permit for property at 90 Highland Avenue, subject to 9 conditions. The last condition that that the first floor shall be limited to professional business use, and the second floor limited to residential use.
Petition of Donna Mattarazzo Seeking a Variance from Number of Stories Allowed (2 ½) to Construct a Third Floor Dormer for the Property Located at 43R Walter Street.
Petitioner Donna Mattarazzo and her husband request a variance to allow for a third floor dormer for their home at 43R Walter Street. The variance will enable three bedrooms and possibly a bathroom.
Petitioner’s husband noted that the hardship is due being too close to the property line and the fact that they are on a right of way. Arnold Nadler of 43 Walter Street spoke in favor of the variance.
Robin Stein made a motion to grant the variance. The ZBA voted to grant the petition 4 to 0, subject to nine conditions.
Before hearing the next petition, Robin Stein remind the petitioners that 4 votes is needed to grant a variance and that the petitioners have the right to withhold their petitions until the next ZBA meeting in July.
Petition of Tom & Dina Calef Seeking a Variance from Front Yard Setback and Lot Coverage to Expand and Enclose Existing Porch for the Property Located at 34 Linden Street.
The petitioners, Tom and Dina Calef sought a variance from the 15 foot front yard setback under the existing zoning ordinance to a 4 foot front yard setback for real property at 34 Linden Street, Salem, located within a two-family residential (R-2) zoning district. Petitioners also sought a variance from the maximum lot coverage of 35 percent to 42.5 percent. Petitioners were represented by an employee of A & A Services, located in Salem, MA.
Robin Stein moved that the ZBA grant the variance for the property at 34 Linden Street, and noted that the lot size was very tight. Four member of the ZBA voted to grant the variance and zero members voted to deny the variance, subject to nine conditions.
Petition of Brian Boches Seeking A Special Permit to Expand a Non Conforming Structure to Allow Move Liveable Space for the Property Located at 60-62 Perkins Street.
Petitioner is Brian Boches. Petitioner seeks to add onto existing dormer by 13 feet.
Peter Hackbyer, owner of 55 Perkins Street, spoke in favor of the special permit. Robin Stein stated that the project is in conformance with the City’ by-laws and moved to approve the special permit, seconded by Mr. Dionne, subject to 9 conditions. The board voted 4 to 0 to approve the special permit.
Petiton of Mary Jinks Requesting a Variance from Side Yard Setback to Expand Existing Deck for the Property Located at 64 Tremont Street.
Petitioner Mary Jinks seeks a variance from side yard setback to extend existing decks on first floor and second floor.
Tom St. Pierre stated that it does not seem as though petitioner did not need variance. Petitioner’s contractor was told to see Tom St. Pierre. If petitioner does need variance she will be asked to seek such variance at the July ZBA meeting.
Tom St. Pierre apparently there was some miscommunication with the contractor. The Board voted to continue the matter to July if need be.
Petition of Henry Boucher Seeking a Variance From Lot Size, Density, Front and Side Setbacks to Construct a Single Family Dwelling for the Property Located at 13 Putnam Street.
Petitioner is seeking to construct a single family home. A factor is directly across the street from 13 Putnam Street. Dimensions of home is 36 x 24 and only 2 stories. Parking will be in a driveway directly behind home.
No comments from the public and no opposition from any neighbors. No opposition from 15 Putnam Street.
Steven Pinto stated that home would only enhance the area.
Pinto moved to grant the petition, which was seconded. There was 8 eight conditions, one of which required construction to be completed within 9 months from when building permit is issued.
Petition of Joseph Gagnon Requesting a Variance From Number of Stories Allowed (2 ½) to Allow Third Floor Roof Deck for the Property Located 13 Columbus Avenue.
Steve Pinto and Robin Stein both reside on Columbus Avenue and made that disclosure.
Joseph Gagnon is rehabbing the property and will be selling property for a profit.
Gagnon would like to add a roof deck. The property will be single family.
Colleen Young an abutter spoke in opposition to the roof top deck. She cited extra noise and infringement of privacy as her reasons for opposition.
Susan Olson spoke in favor of the petition. She is a Willows Resident and was the real estate agent for the petitioner, Mr. Gagnon.
An issue arose over the distance between Gagnon’s property and Ms. Young’s property.
Steve Pinto stated that 28 feet is a lot of roof deck. Pinto suggested making the roof deck smaller and gave the parties the opportunity to negotiate and come back in July.
Gagnon was willing to negotiate. Gagnon recommended a 16 foot roof deck.
Tom St. Pierre said this case is ripe for a continuance due to Ms. Young’s opposition, and suggested such continuance to Mr. Gagnon.
Gagnon asked for a continuance.
There being no further business before the Board, a motion to adjourn was made by Mr. Dionne, seconded by Ms. Debski and approved 4-0.
The meeting was adjourned at 8:25 p.m.
John P. Bossé
Salem Zoning Board of Appeals