Zoning Board of Appeals
Regular MeetingSalem, MA · September 16, 2020
Minutes
City of Salem Zoning Board of Appeals
DRAFT Meeting Minutes
September 16, 2020
A meeting of the Salem Zoning Board of Appeals (“Salem ZBA”) was held on Wednesday,
September 16, 2020 at 6:30 pm via remote participation.
Acting Chair Paul Viccica calls the meeting to order at 6:31 pm.
Mr. Viccica explains that pursuant to Governor Baker’s March 12, 2020 Order Suspending Certain
Provisions of the Open Meeting Law, G.L. c. 30A, §18, and the Governor’s March 15, 2020 Order
imposing strict limitations on the number of people that may gather in one place, the Zoning Board
of Appeals meeting scheduled for Wednesday, April 15th at 6:30 pm is being held remotely via
Zoom. Mr. Viccica explains that instructions to participate remotely can be found on the Salem
website. Mr. Viccica also explains the rules regarding public comment.
ROLL CALL
Those present were: Jimmy Tsitsinos, Carly McClain, Steven Smalley, and Paul Viccica (acting
Chair). Also in attendance were Brennan Corriston – Staff Planner, and Jonathan Pinto – Recording
Clerk. Those absent were: Mike Duffy (Chair), Rosa Ordaz, and Peter A. Copelas.
Mr. Corriston notes there is currently an issue affecting the Zoom platform, which is preventing
individuals from being able to dial into the meeting. Mr. Corriston explains that with some members
of the public unable to access the meeting, there are concerns that the meeting is not publicly
accessible enough. Out of an abundance of caution, no testimony will be heard tonight; the
applicants may request to continue to a special meeting to be held later this month, or to the next
regularly scheduled meeting on October 21, 2020.
Mr. Corriston indicates that Tuesday September 29, 2020, is the date most Board members would be
available for a special meeting.
Motion and Vote: Ms. McClain motions to schedule the special meeting for Tuesday, September 29, 2020
at 6:30 pm via Zoom. Mr. Tsitsinos seconds the motion. The vote is four (4) in favor (Paul Viccica,
Jimmy Tsitsinos, Carly McClain, and Steven Smalley) and none (0) opposed. The motion passes.
REGULAR AGENDA
Location: 78 Bay View Avenue (Map 44, Lot 136) (R1 Zoning District)
Applicant: Stephan O’Sullivan and Patrick O’Sullivan (Property Owner: Philip Kelly)
Project: A continuation of a public hearing for all persons interested in the petition of STEPHAN
O’SULLIVAN AND PATRICK O’SULLIVAN and property owner PHILIP KELLY for a
special permit per Section 3.3.5 Nonconforming Single- and Two-Family Residential Structures of
the Salem Zoning Ordinance from maximum height of buildings (stories) and minimum
width of side yard to alter and expand a nonconforming single-family home by extending
the first floor and porch; renovating the rear facade and adding second and third story
balconies; and adding a third-story rear dormer at 78 BAY VIEW AVENUE (Map 44, Lot
136) (R1 Zoning District)
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City of Salem Zoning Board of Appeals
September 16, 2020 DRAFT Meeting Minutes
Documents and Exhibitions
• Application date-stamped June 24, 2020 and supporting documentation
Mr. Viccica introduces the petition, and notes that the applicants have requested to continue to the
special meeting.
Motion and Vote: Mr. Tsitsinos motions to continue the petition of Stephan and Patrick O’Sullivan
for a special permit per Section 3.3.5 Nonconforming Single- and Two-Family Residential Structures of the
Salem Zoning Ordinance from maximum height of buildings (stories) and minimum width of side
yard to alter and expand a nonconforming single-family home by extending the first floor and porch;
renovating the rear facade and adding second and third story balconies; and adding a third-story rear
dormer at 78 BAY VIEW AVENUE to the special meeting scheduled to be held on Tuesday,
September 29, 2020 at 6:30PM.
Ms. McClain seconds the motion. The vote is four (4) in favor (Steven Smalley, Paul Viccica, Jimmy
Tsitsinos, and Carly McClain), and none (0) opposed. The motion passes.
Location: 24 Loring Avenue (Map 32, Lot 85) (R2 and ECOD Zoning Districts)
Applicant: Susanna Harutunian
Project: Note: The applicant has requested to continue to the regularly scheduled meeting
on October 21, 2020. A continuation of a public hearing for all persons interested in the
petition of SUSANNA HARUTUNIAN for a special permit per Section 3.2.2 Home
Occupations to allow a clothing alterations business in the existing freestanding garage or
alternatively within the primary dwelling, the single-family home at 24 LORING AVENUE
(Map 32, Lot 85) (R2 and ECOD Zoning Districts).
Documents and Exhibitions
• Application date-stamped June 24, 2020 and supporting documentation
Mr. Viccica introduces the petition, and notes that the applicant has requested to continue to the
next regularly scheduled meeting on October 21, 2020.
Motion and Vote: Mr. Tsitsinos motions to continue the petition of SUSANNA HARUTUNIAN for a
special permit per Section 3.2.2 Home Occupations to allow a clothing alterations business in the existing
freestanding garage or alternatively within the primary dwelling, the single-family home at 24 LORING
AVENUE until the next regularly scheduled meeting on October 21, 2020.
Ms. McClain seconds the motion. The vote is four (4) in favor (Carly McClain, Jimmy Tsitsinos, Steven
Smalley, and Paul Viccica) and none (0) opposed. The motion passes.
Location: 5 Orchard Street (Map 27, Lot 432) (R2 Zoning District)
Applicant: Samantha Stone
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City of Salem Zoning Board of Appeals
September 16, 2020 DRAFT Meeting Minutes
Project: A public hearing for all persons interested in the petition of SAMANTHA STONE for a
special permit per Section 3.3.5 Nonconforming Single- and Two-Family Residential Structures of the
Salem Zoning Ordinance from maximum height of buildings (stories), maximum lot
coverage, minimum depth of front yard, and minimum width of side yard to alter and
expand a nonconforming single-family home by adding a 26’ by 25’, 3-story rear addition as
well as a covered porch at 5 ORCHARD STREET (Map 27, Lot 432) (R2 Zoning District).
Documents and Exhibitions
• Application date-stamped July 23, 2020 and supporting documentation
Mr. Viccica introduces the petition and notes the applicant has requested to continue to the special
meeting.
Motion and Vote: Mr. Tsitsinos motions to continue the petition of SAMANTHA STONE for a
special permit per Section 3.3.5 Nonconforming Single- and Two-Family Residential Structures of the Salem
Zoning Ordinance from maximum height of buildings (stories), maximum lot coverage, minimum
depth of front yard, and minimum width of side yard to alter and expand a nonconforming single-
family home by adding a 26’ by 25’, 3-story rear addition as well as a covered porch at 5 ORCHARD
STREET (Map 27, Lot 432) (R2 Zoning District) to the special meeting scheduled to be held on
Tuesday, September 29, 2020 at 6:30PM.
Mr. Smalley seconds the motion. The vote is four (4) in favor (Jimmy Tsitsinos, Steven Smalley, Paul
Viccica, and Carly McClain ) and none (0) opposed. The motion passes.
Location: 2 Dundee Street (Map 10, Lot 50) (R1 Zoning District)
Applicant: Frank Lanzillo
Project: A public hearing for all persons interested in the petition of FRANK LANZILLO for a
variance per Section 4.1.1 Table of Dimensional Requirements of the Salem Zoning Ordinance
from minimum lot area to construct a 2.5-story, single-family home on the vacant lot at 2
DUNDEE STREET (Map 10, Lot 50) (R1 Zoning District).
Documents and Exhibitions
• Application date-stamped July 29, 2020 and supporting documentation
Mr. Viccica introduces the petition and notes the applicant has requested to continue to the next
regularly scheduled meeting in October.
Motion and Vote: Mr. Tsitsinos motions to continue the petition of FRANK LANZILLO for a
variance per Section 4.1.1 Table of Dimensional Requirements of the Salem Zoning Ordinance from
minimum lot area to construct a 2.5-story, single-family home on the vacant lot at 2 DUNDEE
STREET (Map 10, Lot 50) (R1 Zoning District) to the next regularly scheduled meeting on
Wednesday, October 21, 2020 at 6:30PM.
Mr. Smalley seconds the motion. The vote is four (4) in favor (Paul Viccica, Carly McClain, Steven
Smally, and Jimmy Tsitsinos) and none (0) opposed. The motion passes.
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City of Salem Zoning Board of Appeals
September 16, 2020 DRAFT Meeting Minutes
Location: 23 Andrew Street (Map 35, Lot 558) (R2 Zoning District)
Applicant: Barbara Flaherty
Project: A public hearing for all persons interested in the petition of BARBARA FLAHERTY for a
variance per Section 4.1.1 Table of Dimensional Requirements of the Salem Zoning Ordinance
from maximum height of buildings (stories) and a special permit per Section 3.3.3
Nonconforming Structures to expand a nonconforming three-family home by adding a three-
level deck with roof and exterior staircase at 23 ANDREW STREET (Map 35, Lot 558) (R2
Zoning District).
Documents and Exhibitions
• Application date-stamped August 24, 2020 and supporting documentation
Mr. Viccica introduces the petition, and notes that the applicant has requested to continue to the
special meeting.
Motion and Vote: Mr. Tsitsinos motions to continue the petition of BARBARA FLAHERTY for a
variance per Section 4.1.1 Table of Dimensional Requirements of the Salem Zoning Ordinance from maximum
height of buildings (stories) and a special permit per Section 3.3.3 Nonconforming Structures to expand a
nonconforming three-family home by adding a three-level deck with roof and exterior staircase at 23
ANDREW STREET (Map 35, Lot 558) (R2 Zoning District) to the special meeting on Tuesday, September
29, 2020 at 6:30PM.
Ms. McClain seconds the motion. The vote is four (4) in favor (Carly McClain, Steven Smalley, Jimmy
Tsitsinos, and Paul Viccica) and none (0) opposed. The motion passes.
Location: 25 Cushing Street (Map 17, Lot 119) (R1 Zoning District)
Applicant: Suzanne Biscaia
Project: A public hearing for all persons interested in the petition of SUZANNE BISCAIA for a
special permit per Section 3.3.5 Nonconforming Single- and Two-Family Residential Structures of the
Salem Zoning Ordinance to modify and expand a nonconforming single-family home by
adding a second story (bringing height to 2.5 stories), removing the existing side deck, and
building a rear deck at 25 CUSHING STREET (Map 17, Lot 119) (R1 Zoning District).
Documents and Exhibitions
• Application date-stamped August 26, 2020 and supporting documentation
Mr. Viccica introduces the petition.
Mr. and Ms. Biscaia introduce themselves and request to continue their petition to the special
meeting scheduled for September 29, 2020.
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City of Salem Zoning Board of Appeals
September 16, 2020 DRAFT Meeting Minutes
Motion and Vote: Mr. Tsitsinos motions to continue the petition of SUZANNE BISCAIA for a special
permit per Section 3.3.5 Nonconforming Single- and Two-Family Residential Structures of the Salem Zoning
Ordinance to modify and expand a nonconforming single-family home by adding a second story (bringing
height to 2.5 stories), removing the existing side deck, and building a rear deck at 25 CUSHING STREET
(Map 17, Lot 119) (R1 Zoning District) to the special meeting scheduled to be held on Tuesday, September
29, 2020 at 6:30PM.
Ms. McClain seconds the motion. The vote is four (4) in favor (Steven Smalley, Paul Viccica, Jimmy
Tsitsinos, and Paul Carly McClain) and none (0) opposed. The motion passes.
Location: 146 Federal Street (Map 26, Lot 552) (R2 Zoning District)
Applicant: Robert Ouellette and Michaeline LaRoche
Project: A public hearing for all persons interested in the petition of ROBERT OUELLETTE
AND MICHAELINE LAROCHE for variances per Sections 3.2.4 Accessory Buildings and
Structures and 4.1.1 Table of Dimensional Requirements of the Salem Zoning Ordinance from
height and front and side setback requirements for accessory structures and from maximum
lot coverage to reconstruct a carriage house on existing stone foundation on the lot of the
condominium at 146 FEDERAL STREET (Map 26, Lot 552) (R2 Zoning District).
Documents and Exhibitions
• Application date-stamped August 26, 2020 and supporting documentation
Mr. Viccica introduces the petition and notes the applicant has requested to continue to the special
meeting.
Motion and Vote: Mr. Tsitsinos motions to continue the petition of ROBERT OUELLETTE AND
MICHAELINE LAROCHE for variances per Sections 3.2.4 Accessory Buildings and Structures and 4.1.1 Table of
Dimensional Requirements of the Salem Zoning Ordinance from height and front and side setback requirements
for accessory structures and from maximum lot coverage to reconstruct a carriage house on existing stone
foundation on the lot of the condominium at 146 FEDERAL STREET (Map 26, Lot 552) (R2 Zoning
District) to the special meeting scheduled for Tuesday, September 29, 2020 at 6:30PM.
Mr. Smalley seconds the motion. The vote is four (4) in favor (Jimmy Tsitsinos, Paul Viccica, Carly
McClain, and Steven Smalley) and none (0) opposed. The motion passes and the application is
withdrawn without prejudice.
MEETING MINUTES
June 17, 2020
July 15, 2020
August 19, 2020
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City of Salem Zoning Board of Appeals
September 16, 2020 DRAFT Meeting Minutes
Mr. Viccica indicates the Board will be postponing the review and approval of minutes to the
September 29th meeting.
OLD/NEW BUSINESS
None
ADJOURNMENT
Motion and Vote: Mr. Tsitsinos moves to adjourn the meeting Ms. McClain seconds the motion.
The vote is four (4) in favor (Mike Duffy (Chair), Peter Copelas, Rosa Ordaz, and Paul
Viccica) and none (0) opposed. The Motion passes.
The meeting ends at 6:52PM.
For actions where the decisions have not been fully written into these minutes, copies of the
Decisions have been posted separately by address or project at:
https://www.salem.com/zoning-board-appeals/pages/zoning-board-appeals-decisions-2020
Respectfully submitted,
Brennan Corriston, Staff Planner
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Agenda
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEALS
98 WASHINGTON STREET SALEM, MASSACHUSETTS 01970
KIMBERLEY DRISCOLL TEL: 978-619-5685
MAYOR
SECOND REVISED NOTICE OF MEETING*
*Revised to note that testimony will not be taken in this meeting for items on the Regular
Agenda. Public hearings will be continued as described on page 3 below.
*Previous revision was to reflect that dialing in by phone is not available for this meeting.
You are hereby notified that the Salem Zoning Board of Appeals will hold a meeting on
Wednesday, September 16, 2020 at 6:30 pm via remote participation.
Mike Duffy, Chair
Important Announcement:
Pursuant to Governor Baker’s March 12, 2020 Order Suspending Certain Provisions of the Open
Meeting Law, G.L. c. 30A, §20, and the Governor’s March 15, 2020 Order imposing strict limitation on
the number of people that may gather in one place, this meeting of the City of Salem Zoning Board of
Appeals will be conducted via remote participation to the greatest extent possible. Specific information
and the general guidelines for remote participation by members of the public and/or parties with a right
and/or requirement to attend this meeting can be found on the city’s website, at www.salem.com. No
in-person attendance of members of the public will be permitted, but every effort will be made to
ensure that the public can adequately access the proceedings in real time, via technological means. In the
event that we are unable to do so, despite best efforts, we will post on the city’s website an audio or
video recording, transcript, or other comprehensive record of proceedings as soon as possible after the
meeting.
For this meeting, members of the public who wish to watch, listen, or provide comment during the
meeting may do so in the following manner:
Watching the Public Meeting:
• Go to the website link:
https://us02web.zoom.us/j/81287189820?pwd=VFRxZzhLNDY0YU43dDVneC90Rm9mdz09
• Go to the website link https://zoom.us/join and enter meeting ID # 812-8718-9820 followed by
meeting password 040457, if directed to do so on screen.
• *Please note: Zoom, the remote meeting platform used by the City of Salem for public
meetings, has temporarily disabled telephone options for attending webinars, the format used by
the City for most meetings, in order to conduct an update to the platform. The company
anticipates re-enabling them shortly. In the meantime, attendees can connect to the audio of a
live webinar meeting using Zoom’s desktop client, web client, or mobile app. Recordings of
public meetings held via Zoom are also available for those unable to attend a meeting live.
• Watch the meeting live on Salem Access Television Chanel 22.
Know your rights under the Open Meeting Law M.G.L. c. 30A § 18-25 and City Ordinance § 2-2028 through § 2-2033.
Page 1 of 5
City of Salem Zoning Board of Appeals
September 16, 2020 SECOND REVISED Meeting Agenda
Providing Public Comment During the Meeting:
Members of the public attending this meeting virtually will be allowed to make comments during the
portion of the hearing designated for each agenda item. Members of the public will be asked to use the
virtual “Raise Hand” function in Zoom to indicate that they would like to provide comment.
• Click the “Raise Hand” button if you are using the Zoom application on your computer or
phone.
For each agenda item, the moderator will identify attendees with raised hands by their screenname or
the last 3 digits of their telephone number and will then unmute them. The moderator will then request
that the attendee unmute their device to provide their full name, address, and comment for the record.
The moderator will go down the list of attendees in the order presented by the Zoom application. The
attendee list is ordered so that phone numbers are first, followed by an alphabetical list of the screen
names of attendees accessing Zoom through a computer, tablet, or smartphone. Anyone that speaks
about an issue unrelated to the agenda items will be immediately muted.
Members of the public can alternatively email their comment before the start of the meeting to
bcorriston@salem.com.
Familiarizing Yourself with Zoom:
We encourage members of the public to install and familiarize themselves with Zoom in advance of the
meeting.
If you plan on providing public comment and are logging into this meeting via the Zoom application,
please test your speakers and microphone ahead of time. If we have trouble hearing you when you
speak, we will move on to the next person and try to return to you later in the list. If this happens, we
recommend that you call the toll-free number to access the meeting and provide your comment.
The Zoom meeting will open 15 minutes before the start of the meeting to allow participants to
connect and practice with the audio and raise hand functions.
Thank you for your patience and understanding as we navigate this challenging situation for our
community and the world.
Know your rights under the Open Meeting Law M.G.L. c. 30A § 18-25 and City Ordinance § 2-2028 through § 2-2033.
Page 2 of 5
City of Salem Zoning Board of Appeals
September 16, 2020 SECOND REVISED Meeting Agenda
SECOND REVISED MEETING AGENDA*
*The Board of Appeals will not hear any testimony on Regular Agenda items in this
meeting. Applicants will be able to request to continue their public hearing to either a special meeting
or to the regularly scheduled meeting of the Board of Appeals on Wednesday, October 21, 2020 at 6:30
pm. The date and time of the special meeting will be announced during the September 16 meeting. The
special meeting and the October 21 meeting will be held virtually, via the Zoom platform, with access
information to be posted to the Board of Appeals page on the Salem.com website at
https://www.salem.com/zoning-board-appeals.
*Previously noted: The applicant for 24 Loring Avenue has requested to continue to October meeting.
I. ROLL CALL
II. REGULAR AGENDA
1. Location: 78 Bay View Avenue (Map 44, Lot 136) (R1 Zoning District)
Applicant: Stephan O’Sullivan and Patrick O’Sullivan (Property Owner: Philip Kelly)
Description: A continuation of a public hearing for all persons interested in the petition of
STEPHAN O’SULLIVAN AND PATRICK O’SULLIVAN and property owner
PHILIP KELLY for a special permit per Section 3.3.5 Nonconforming Single- and Two-
Family Residential Structures of the Salem Zoning Ordinance from maximum height
of buildings (stories) and minimum width of side yard to alter and expand a
nonconforming single-family home by extending the first floor and porch;
renovating the rear facade and adding second and third story balconies; and adding
a third-story rear dormer at 78 BAY VIEW AVENUE (Map 44, Lot 136) (R1
Zoning District).
2. Location: 24 Loring Avenue (Map 32, Lot 85) (R2 and ECOD Zoning Districts)
Applicant: Susanna Harutunian
Description: Note: The applicant has requested to continue to the regularly
scheduled meeting on October 21, 2020. A continuation of a public hearing
for all persons interested in the petition of SUSANNA HARUTUNIAN for a
special permit per Section 3.2.2 Home Occupations to allow a clothing alterations
business in the existing freestanding garage or alternatively within the primary
dwelling, the single-family home at 24 LORING AVENUE (Map 32, Lot 85) (R2
and ECOD Zoning Districts).
3. Location: 5 Orchard Street (Map 27, Lot 432) (R2 Zoning District)
Applicant: Samantha Stone
Description: A public hearing for all persons interested in the petition of SAMANTHA STONE
for a special permit per Section 3.3.5 Nonconforming Single- and Two-Family
Residential Structures of the Salem Zoning Ordinance from maximum height of
buildings (stories), maximum lot coverage, minimum depth of front yard, and
minimum width of side yard to alter and expand a nonconforming single-family
home by adding a 26’ by 25’, 3-story rear addition as well as a covered porch at 5
ORCHARD STREET (Map 27, Lot 432) (R2 Zoning District).
Know your rights under the Open Meeting Law M.G.L. c. 30A § 18-25 and City Ordinance § 2-2028 through § 2-2033.
Page 3 of 5
City of Salem Zoning Board of Appeals
September 16, 2020 SECOND REVISED Meeting Agenda
4. Location: 2 Dundee Street (Map 10, Lot 50) (R1 Zoning District)
Applicant: Frank Lanzillo
Description: A public hearing for all persons interested in the petition of FRANK LANZILLO
for a variance per Section 4.1.1 Table of Dimensional Requirements of the Salem
Zoning Ordinance from minimum lot area to construct a 2.5-story, single-family
home on the vacant lot at 2 DUNDEE STREET (Map 10, Lot 50) (R1 Zoning
District).
5. Location: 23 Andrew Street (Map 35, Lot 558) (R2 Zoning District)
Applicant: Barbara Flaherty
Description: A public hearing for all persons interested in the petition of BARBARA
FLAHERTY for a variance per Section 4.1.1 Table of Dimensional Requirements of
the Salem Zoning Ordinance from maximum height of buildings (stories) and a
special permit per Section 3.3.3 Nonconforming Structures to expand a
nonconforming three-family home by adding a three-level deck with roof and
exterior staircase at 23 ANDREW STREET (Map 35, Lot 558) (R2 Zoning
District).
6. Location: 25 Cushing Street (Map 17, Lot 119) (R1 Zoning District)
Applicant: Suzanne Biscaia
Description: A public hearing for all persons interested in the petition of SUZANNE BISCAIA
for a special permit per Section 3.3.5 Nonconforming Single- and Two-Family
Residential Structures of the Salem Zoning Ordinance to modify and expand a
nonconforming single-family home by adding a second story (bringing height to 2.5
stories), removing the existing side deck, and building a rear deck at 25 CUSHING
STREET (Map 17, Lot 119) (R1 Zoning District).
7. Location: 146 Federal Street (Map 26, Lot 552) (R2 Zoning District)
Applicant: Robert Ouellette and Michaeline LaRoche
Description: A public hearing for all persons interested in the petition of ROBERT OUELLETTE
AND MICHAELINE LAROCHE for variances per Sections 3.2.4 Accessory Buildings
and Structures and 4.1.1 Table of Dimensional Requirements of the Salem Zoning
Ordinance from height and front and side setback requirements for accessory
structures and from maximum lot coverage to reconstruct a carriage house on
existing stone foundation on the lot of the condominium at 146 FEDERAL
STREET (Map 26, Lot 552) (R2 Zoning District).
III. APPROVAL OF MINUTES
1. June 17, 2020
2. July 15, 2020
3. August 19, 2020
IV. OLD/NEW BUSINESS
None
Know your rights under the Open Meeting Law M.G.L. c. 30A § 18-25 and City Ordinance § 2-2028 through § 2-2033.
Page 4 of 5
City of Salem Zoning Board of Appeals
September 16, 2020 SECOND REVISED Meeting Agenda
V. ADJOURNMENT
Persons requiring auxiliary aids and services for effective communication such as sign language
interpreter, an assistive listening device, or print material in digital format or a reasonable
modification in programs, services, policies, or activities, may contact the City of Salem ADA
Coordinator as soon as possible and no less than 2 business days before the meeting, program,
or event.
Know your rights under the Open Meeting Law M.G.L. c. 30A § 18-25 and City Ordinance § 2-2028 through § 2-2033.
Page 5 of 5
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