Swampscott Zoning Board of Appeals Meeting Review (April 27, 2022)

Section 1: Agenda

Based on the transcript, the likely agenda for the meeting was as follows:

Call to Order & Procedural Matters (0:02)
- Confirmation of Remote Meeting Format
- Motion and Vote on Continuances:
  - Petition 21-26 (Pine Street) to May 24
  - Petition for 17 Crossman Ave to May 24
  - Petition 21-01 (Wind Development) to May 9
Approval of Meeting Minutes (1:05)
- Review and Vote on Minutes from March 22 and April 12
Public Hearing: Petition 22-02 (A-C) - Swampscott Housing Authority Signs (2:06)
- Petitioner Presentation (Richard Callahan)
- Board Questions and Discussion
- Public Comment
- Board Deliberation and Vote
Public Hearing: Petition 22-03 - Michael Joncyzk, 166 Puritan Rd Porch (8:41)
- Petitioner Presentation (Michael Joncyzk)
- Board Questions and Discussion
- Public Comment (None available)
- Board Deliberation and Vote
Board Business & Future Meetings (15:56)
- Confirmation of Next Meeting (May 9, In-Person)
- Discussion of May 24 Agenda Items
- Informal Discussion (Town Meeting Election)
Adjournment (18:30)

Section 2: Speaking Attendees

Based on the transcript and context:

Mark J. Strauss (ZBA Chair): [Speaker 1] (Leads meeting, calls votes, identifies members by name)
Michael Joncyzk (Petitioner/Homeowner): [Speaker 2] (Presents Petition 22-03 for 166 Puritan Rd)
Andrew Rose (ZBA Member): [Speaker 3] (Asks questions, comments on zoning/relief standards, makes motion on Petition 22-03, referred to as “Andy”)
Marissa Kearney (Town Planner/Staff): [Speaker 4] (Provides administrative support, reads petition numbers, manages remote participation, confirms meeting details)
Richard Callahan (Swampscott Housing Authority Chair): [Speaker 5] (Presents Petition 22-02 A-C)
Diana Weinstein (Resident/Abutter): [Speaker 6] (Provides public comment on Petition 22-02)
Heather Roman (ZBA Member): [Speaker 7] (Seconds motions, votes yes when “Heather” is called, makes motion on Petition 22-02. Note: This tag also captures “Yes” votes from Paula Biewald during roll calls, likely a transcription artifact).
Tony DeMarco (ZBA Member): [Speaker 8] (Asks question on Petition 22-03, votes yes when “Tony” is called)
Paula Biewald (ZBA Member): (Present and votes yes during roll calls when “Paula” is called, but does not have a unique speaker tag identified for her verbal vote).

Section 3: Meeting Minutes

Meeting: Swampscott Zoning Board of Appeals Date: April 27, 2022 (Inferred from title) Format: Remote Meeting

1. Call to Order & Continuances (0:02) ZBA Chair Mark J. Strauss called the remote meeting to order shortly after 7:00 PM. He noted that Petitions 21-26 (Pine Street) and the matter of 17 Crossman Ave were being continued to May 24, and Petition 21-01 (Wind Development) was continued to May 9, 2022.

Motion: Chair Strauss moved to continue the matters as described.
Second: Heather Roman seconded (0:57).
Vote: The motion passed 5-0 by roll call (Strauss: Yes, Roman: Yes, Biewald: Yes, Rose: Yes, DeMarco: Yes) (0:59 - 1:05).

2. Approval of Minutes (1:05) Chair Strauss introduced the meeting minutes from March 22 and April 12, provided earlier via email. No board members requested more time or had comments.

Motion: Chair Strauss moved to approve the minutes from March 22 and April 12 (1:44).
Second: Heather Roman seconded (1:59).
Vote: The motion passed 5-0 by roll call (Strauss: Yes, Biewald: Yes, Roman: Yes, Rose: Yes, DeMarco: Yes) (2:01 - 2:06).

3. Petition 22-02 (A-C): Swampscott Housing Authority Signs (2:06) Chair Strauss introduced petitions 22-02 A, B, and C concerning signs for Housing Authority properties at 29-31 Cherry St, 6 Duncan Ter, and 22 Burrill St, taking them together.

Presentation: Richard Callahan, Chair of the Swampscott Housing Authority, presented the request 2:54. He explained the signs were intended to provide identification (address, office info, phone number) and assist tenants with deliveries, describing them as “good looking and proper and low key” 3:04. He confirmed the request was for a Sign Special Permit, not dimensional relief 4:14.
Board Discussion: Member Andrew Rose asked why the signs weren’t “Big Blue” color 4:42. Mr. Callahan replied the signs had already been delivered 5:41. Chair Strauss suggested leaving color to the petitioner’s discretion but recommended blue for the future 5:23. The discussion was brief and lighthearted.
Public Comment: Staff member Marissa Kearney prompted for public comment 6:09. Diana Weinstein, identifying as an abutter to the Duncan Terrace property 6:23, asked for clarification on the sign’s placement, which was confirmed to be facing the street near the mailboxes. She expressed satisfaction with the location 7:10. No other public comment was offered 7:23.
Motion: Member Heather Roman moved to approve Petition 22-02 A-C for the three signs as presented (7:47 - 8:05).
Second: Member Andrew Rose seconded (8:06).
Vote: The motion passed 5-0 by roll call (Roman: Yes, Rose: Yes, Biewald: Yes, DeMarco: Yes, Strauss: Yes) (8:06 - 8:24). Mr. Callahan thanked the Board 8:31.

4. Petition 22-03: Michael Joncyzk, 166 Puritan Rd Porch (8:41) Chair Strauss introduced the petition from Michael Joncyzk for 166 Puritan Rd, requesting a Dimensional Special Permit for a front porch construction.

Presentation: Mr. Joncyzk, the homeowner 9:05, explained the plan to renovate and add a multi-level porch 9:21. Due to the house’s angle relative to the road, one of four support posts would encroach into the 20-foot front setback, landing at 18 feet 9:41. The porch itself above the post would also extend into the setback 11:15. He stated the request was for relief for this two-foot encroachment for the single post 10:34. Mr. Joncyzk noted he had spoken to neighbors on both sides, who provided written consent and had no objections regarding view obstruction 10:40, 11:52. The submitted neighbor support letters were briefly reviewed 12:06.
Board Discussion: Member Tony DeMarco questioned the application checking “non conforming uses or structures” 13:04. Member Rose clarified the property itself might be undersized or non-conforming in some way (though later confirmed it met the 10,000 sq ft minimum 13:18-13:28), but the primary relief needed was dimensional for the setback encroachment 13:48. Member Rose noted the request was within the standard 20% relief often granted, understandable given the house’s angle, and called it a “no brainer” 14:12 - 14:24. Chair Strauss agreed 14:27.
Public Comment: Staff member Kearney noted no other attendees were online to offer comment 12:56.
Motion: Member Andrew Rose moved to approve the petition for 166 Puritan Rd, granting dimensional relief from the required 20-foot front setback to 18 feet for the porch construction, as per the submitted plan (14:29 - 14:53).
Second: Chair Strauss seconded (14:54).
Vote: The motion passed 5-0 by roll call (Rose: Yes, DeMarco: Yes, Biewald: Yes, Roman: Yes, Strauss: Yes) (14:54 - 15:04). Chair Strauss informed Mr. Joncyzk about the decision filing and appeal period process 15:04. Mr. Joncyzk thanked the Board 15:23.

5. Board Business & Adjournment (15:28) The Board noted the meeting’s efficiency 15:34. Staff member Kearney confirmed the next meeting was May 9, in-person at the high school, for the continued Wind Development hearing 15:56-16:02. She also confirmed the May 24 meeting would include the continued Pine Street and Crossman Ave matters, plus an expected new filing for 93 Kensington 16:13-16:41. There was brief, informal discussion initiated by Member Rose about Chair Strauss’s status regarding the upcoming Town Meeting election 16:44. Chair Strauss shared an anecdote about a previous Town Meeting election where he narrowly missed election after his wife forgot to vote 17:18-18:11. The meeting concluded shortly after 18:30.

Section 4: Executive Summary

The Swampscott Zoning Board of Appeals (ZBA) held a brief remote meeting on April 27, 2022, efficiently handling two petitions and procedural matters.

Key Decisions & Outcomes:

Housing Authority Signs Approved: The ZBA unanimously approved the Swampscott Housing Authority’s request for Special Permits to install modest identification signs at three properties: 29-31 Cherry St, 6 Duncan Ter, and 22 Burrill St 7:47-8:24. Represented by Chair Richard Callahan, the Housing Authority argued the signs would aid identification and deliveries 3:04. Discussion was minimal, with only a lighthearted question about color from Member Andrew Rose 4:42 and a clarifying question about placement from an abutter, Diana Weinstein 6:23. Why it matters: This allows the Housing Authority to improve visibility and identification for its properties, benefiting tenants and visitors.
Puritan Road Porch Variance Granted: Homeowner Michael Joncyzk received unanimous approval for a Dimensional Special Permit for his property at 166 Puritan Rd 14:29-15:04. The approval allows a new multi-level front porch to encroach slightly (two feet) into the required 20-foot front yard setback for one support post, due to the house’s angle on the lot 9:21-10:34. Why it matters: This variance allows the homeowner to proceed with desired renovations. The approval process highlighted factors the ZBA considers: the minimal nature of the requested relief (within typical ZBA allowances, per Member Rose 14:12), the specific site condition (angled house), and crucial neighbor support, which Mr. Joncyzk proactively secured and submitted 10:40, 11:52. The board viewed this as a straightforward request (“no brainer,” according to Member Rose 14:22).
Major Hearings Continued: Several significant petitions were formally continued to future meetings: the Wind Development proposal (Petition 21-01) to May 9, and matters concerning Pine Street (Petition 21-26) and 17 Crossman Ave to May 24 0:02-1:05. Why it matters: Residents interested in these potentially impactful projects should note the new hearing dates. The May 9 meeting regarding the Wind Development is scheduled to be in-person at the high school 16:01.

Overall Tone: The meeting was conducted efficiently and consensually by Chair Mark J. Strauss, with both petitions receiving swift, unanimous approval following brief presentations and discussion.

Section 5: Analysis

This Zoning Board of Appeals meeting transcript reveals an efficient and largely non-controversial session focused on routine matters. The dynamics observed suggest a board operating with established procedures and reaching quick consensus on the presented petitions.

Efficiency and Consensus: Chair Mark J. Strauss managed the meeting effectively, moving through procedural items (continuances, minutes) and the two petitions rapidly 0:02, 1:05, 15:28. Both substantive petitions were approved unanimously with minimal deliberation 8:24, 15:04, indicating they were perceived as straightforward requests falling within acceptable zoning relief parameters. Member Andrew Rose explicitly framed the Joncyzk petition as such, citing the minimal encroachment, the physical constraint of the angled house, and comparing it to standard relief percentages 14:12-14:24, effectively signaling it as easily approvable.
Petitioner Preparedness: Both petitioners presented clear cases. Richard Callahan (Housing Authority) succinctly stated the need for the signs 3:04. Michael Joncyzk (Puritan Rd) effectively anticipated potential concerns by highlighting the minimal nature of the setback encroachment (one post, two feet) 9:41 and, crucially, proactively securing and presenting signed letters of support from his direct abutters 10:40, 11:52. This demonstration of neighbor consent appeared to significantly smooth the path to approval for his dimensional variance request.
Board Dynamics: The interaction among board members appeared collaborative. Member Rose played a notable role, offering practical commentary on zoning standards 13:18, 14:12 and injecting local color with his “Big Blue” sign query 4:42. Member Tony DeMarco raised a valid clarifying question about the application form 13:04, ensuring procedural accuracy. The quick agreement suggests shared understanding of the board’s remit for these types of petitions.
Public Engagement: Public participation was minimal but relevant. Diana Weinstein’s question about the Duncan Terrace sign placement demonstrated abutter interest and was addressed directly 6:23-7:10. The lack of opposition or further public comment on either petition contributed to the swift approvals.
Contextual Factors: The brief, informal chat at the meeting’s end 16:44-18:29 provided a glimpse into the members’ collegiality and awareness of broader town affairs (Town Meeting elections). Chair Strauss’s anecdote 17:18, while tangential to ZBA business, reflects the personal connections often present in smaller town governance. The meeting’s brevity was contrasted by staff member Marissa Kearney’s reminder of the “busy last few months” 15:51 and the scheduling of more complex, continued hearings (Wind Development, Pine St, Crossman Ave) for future dates, suggesting this meeting’s ease was not necessarily typical.