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CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WAs31NGTON STREET♦SALEM,MRSSWIISETfS0140 8 1S
KIMBERIEYDRIscoLL Tt z:978-745-9595 ♦ FAX:978-740-984
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MAYOR CITY
June 29, 2016
Decision
City of Salem Board of Appeals
Petition of CHRISTOPHER INGERSOLL, seeking a Variance per Sec. 5.L5 Off-Street Parking
.Design of the Salem Zoning Ordinance to allow a 10' wide curb cut at the property located at 76
ENDICOTT STREET (Map 25 Lot 453)(122 Zoning District).
A public hearing on the above Petition was opened on June 15, 2016 pursuant to M.G.L Ch. 40A, § 11 and
closed on that date with the following Salem Board of Appeals members present: Ms. Curran (Chair), Mr.
Duffy,Mr. Copelas,Mr. Tsitsinos,Mt. Watkins.
The Petitioner seeks a Variance requesting relief from Sec. 5.1.5 Off-Street Parking Design of the Salem
Zoning Ordinance to allow a 10' wide curb cut that would exceed the total maximum allowable curb cut at
the property.
Statements of fact:
1. Mr. Ingersoll,petitioner,presents the petition.
2. In the petition date-stamped May 16, 2016 the Petitioner requested a Variance requesting relief from
Sec. 5.1.5 Of-Street Parking Deign for maximum curb cut width that would allow the petitioner to
construct a second driveway at the property.
3. The property is located on a comer between Endicott Street and Hathorne Street. The Department of
Planning and Community Development reached out to the Salem Traffic Division to review the safety
of the proposed curbcut.
4. Lt. Preccewski sent a letter to the Board stating that there is no problem with a vehicle passing over
the sidewalk and into the street as long as nobody parks on the public sidewalk or within 20' feet of
the comer of the public street.
5. There is an existing fourteen foot (14') wide curb cut at the property that serves Unit #1 of two. The
petitioner is proposing a second driveway, which would exceed the maximum allowable curb cut
width of twenty feet (20'}.
6. The petitioner requested a twelve (12') wide driveway to serve Unit#2.With either proposed curbcut
width, the curbcut of the existing and proposed driveways exceed the maximum allowable curb cut
width of twenty feet (20).
7. Since an Appeal of the Building Inspector was upheld in September of 2015, Mr. Ingersoll has
constructed and used a hardscaped space for parking without a curbcut.
8. As a result of the construction of the hardscape,the City Tree Warden has notified the Zoning Board
of Appeals that the existing public shade tree has been compromised and would most likely not
survive.
City of Salem Board of Appeals
June 29,2016
Project:76-78 Endicott Street
Page 2 of 3
9. The petitioner was notified by the tree warden and Board of Appeals that the petitioner will need to
be heard at a public hearing for the removal of the shade tree and will likely be required to pay for the
removal and replacement as can be enforced under M.G.L. Chapter 87 Public Shade Tree Law.
10. Mr. Ingersoll, stated that he has spoken to the tree warden and will pay to remove the existing shade
tree and purchase four (4) replacement trees to be planted adjacent to 76-78 Endicott Street along
Endicott Street and Hathorne Street depending on the approval and request of the tree warden.
11. The Board requested that Mr. Ingersoll reduce the curbcut to 10' feet rather than the 12' feet
requested and as advertised.
12. The Board expressed discontent with the petitioner's process to request a Variance. The applicant was
notified that a request for a Variance could be sought from the Board, but chose to Appeal the
Decision of the Building Commissioner instead and further constructed a parking area without a
curbcut before requesting a Variance from the Board.
13. The requested relief, if granted, would allow the Petitioner to construct a ten foot (10) wide curb cut
as proposed and exceed the maximum allowable curb cut width at the property.
14. At the public hearing two (2) members of the public spoke in favor of, and none in opposition to, the
petition.
The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and
after thorough review of the petition, including the application narrative and plans, and the Petitioner's
presentation and public testimony, makes the following findings that the proposed project meets the
provisions of the City of Salem Zoning Ordinance:
Findings for Variances:
1. Special conditions and circumstances that especially affect the land, building, or structure involved
generally not affecting other lands,buildings and structures in the same district because the property is
a two (2) unit structure, the existing driveway is narrow and there is no place for shared resident
parking. No public parking spaces will be removed as a result of this proposal.
2. Literal enforcement of the provisions of the Ordinance would create a substantial and unique
hardship.
3. The desired relief may be granted without nullifying or substantially derogating from the intent of the
district or purpose of the City of Salem Zoning Ordinance.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5)in favor
(Ms. Curran (Chair), Mr. Duffy, Mr. Copelas, Mr. Tsitsinos, Mr. Watkins) and none (0) opposed, to grant a
Variance requesting relief from Sec. 5.1.5 Off-Street Parking Design of the Salem Zoning Ordinance to allow
the petitioner to exceed the maximum allowable curb cut at the property, subject to the following terms,
conditions and safeguards:
Standard Conditions:
1. The Petitioner shall comply with all city and state statutes, ordinances, codes and regulations.
2. All construction shall be done as per the plans and dimensions submitted to and approved by the
Building Commissioner.
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly
adhered.
4. Petitioner shall obtain a building permit prior to beginning any construction.
City of Salem Board of Appeals
June 24,2016
Project:76-78 Endicott Street
Page 3 of 3
5. A Certificate of Inspection shall be obtained.
6. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but
not limited to, the Planning Board.
Special Conditions:
1. The width of the curbcut shall be ten (10� feet wide.
2. The petitioner shall comply with the decision of the Public Shade Tree Commission.
-Releiv.n
Rebecca Curran,Chair—�
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD ANDTHE CI"T"Y CLERK
Appeal fmm this decision,if any,shall be mate pursuant to Section 17 of the Massachasegr General Laws Chapter 40A,and shall be filed within 20
days ojfikng of this decision in the office of the City Clerk. Pursuant to the MarracbuJeitr Generallnwr Chapter 40A, Section 11, the Vanance or
Special Permit$ranted herein shall not take effect antil a copy of the decision bearing the certificate of the City Clerk has been filed witb the Errex South
Registry of Deeds.
NOTICE OF CITY ORDINANCE CITY OF SALEM
SALEM CITY ORDINANCE
Citation:
2494 .;,. ::- ---.......:......
Date:
04/12/2016
Location: ail
76-78 ENDICOTT STREET —
Badge Number:
Officer:
THOMAS ST PIERRE Fine:
04/12/2016 $ 50 . 00
Violation: 10
ZONING ORDINANCE (SZO )
Payments :
Other:
$ -50 . 00
Docket :
Verdict :
TOTAL DUE:
06/08/2016 $ 0 .00
ABATEMENT RECEIPT
CITY OF SALEM MA-037-CO-2016-00-2494
CITY OF SALEM PARKING CLERK 06/08/2016
MI D
MILFOFO RD,,MA 01757 TOTAL DUE : 0 . 00
(508)473-9660
ABATEMENT INFORMATION
06/08/2016 $50.00
INGERSOLL,CHRISTOPHER DISMISSED IN COURT
76-78 ENDICOTT STREET
SALEM,MA 01970-0000
5 "D CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
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120 WASHtNGTON STREET i SALHhi,MASSACHUSSI#i$Y9qp�(1970y.� . .
K,%nERLLX DinsroLL "ISLE:978-745-9595 ♦FAX:978-740-9846 FIl` tl -
MAYOR CITY
November 4, 2015
Decision
City of Salem.Board of Appeals
Petition of CHRISTOPHER INGERSOLL, seeking an appeal of the Decision of the Building Inspector to
allow a 10' wide curb cut at the property located at 76-78 ENDICOTT STREET (Map 25 Lot 453)(R2
Zoning District).
A public hearing on the above Petition was opened on October 21,2015 pursuant to M.G.L Ch. 40A, § 11.
The hearing was closed on that date with the following Salem Board of Appeals members present: Rebecca
Curran(Chair),Jimmy Tsitsinos,Mike Duffy,Peter Copelas,Jim Hacker (alternate)..
The Petitioner seeks an Appeal of the Building Inspector's Decision.
Statements of fact.
L In the petition date-stamped September 22, 2015,the Petitioner requested an Appeal of the Decision
of the Building Inspector.
1 Mr. Ingersoll, petitioner,presented the petition.
3. The Building Inspector denied an application for a 10' wide curb cut based on the criteria of the
Salem Zoning Ordinance Section 5.1.5 subsection 6 (c) that states that the widths of entrance and exit
drives shall be a maximum of twenty (20) feet at the street lot line in residence districts.
4. The property has two-residential units with an existing 14' curb cut. The Building Inspector testifies
that the additional proposed 10' curb cut at the property exceeds the maximum linear feet allowed at
the property.
5. Mr. Ingersoll was informed that he could apply to the Zoning Board of Appeals for a dimensional
valiance.
6. The requested relief,if granted,would allow the petitioner to construct a 10'wide curb cut.
T At the public hearing, one (1) member of the public spoke in support and one (1) member spoke in
opposition to the petition.
The Salem Board of Appeals, after careful consideration of the evidence presented at the public,hearing, and
after thorough review of the petition, including the application narrative and plans, snakes the following
findings that the proposed project does not meet the provisions of the City of Salem Zoning Ordinance.
City of Salem Board of Appeals
November 4,2015
Project: 76-78 Endicott Street
Page 2 of 2
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted none (0) in
favor and five (5) opposed (Rebecca Curran (Chair),Jimmy Tsitsinos, Mike Duffy, Peter Copelas,Jim Hacker
(alternate), to Appeal of the Decision of the Building Inspector to allow a 10' wide curb cut at the property
located at 76 ENDICOTT STREET (Map 25 Lot 453)(82 Zoning District).
THE DECISION OF THE BUILDING INSPECTOR IS UPHELD.
Rebecca Curran,Chair
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal form this airman,if any, shall be made purmant to Section 17 of the Massachusetts General Lams Chapter 40A,and shall be filed within 20
days of f:h'ng of this duision in the office of the City Clerk. Pursuant to the Marsachureth General Lams Chapter 40A,Section 11,.the Variance or
Special Permit granted herein sball not take effect until a ropy of the decision bearing the certificate of the City Clerk has been filed with the Essex South
Registry of Deeds.
CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
PETMON FORM
CITY OF SALEM,MASSACHUSEM
BOARD OF APPEALS
aM tI 120 WASHINGTON STREET,3RD FLOOR 2015 SEP 22 P 3: 48SALEM,MASSACHUSETTS 01970
Af10VS��" Thomas St.Pierre,Director of Inspectional Se��++''�� 5 PILL ik
Phone:978-619-5641 /Fix:978-740-984 r' C 1 P{H., SALEM, pi+'1`,rj_
KIMBERLEY DRISCOLL Erin Schaeffer,Staff Planner
MAYOR Phone:978-619-5685/ Fax:978-740-0404 RECEIVED C O ' 4
TO THE BOARD OF APPEALS:
The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: SEP 2 2 2015
Address: 78 Endicott Street Zoning District. Residentid@EfTVB WNM)
An application is being submitted to the Board of Appeal for the following reason(s)XT ststatemennt must — t
describe what you propose to build,the dimensions,the zone property is in,and the zoning requirements.(Example:
I am proposing to construct a 10'x 10'one story addition to my home located at 3 Salem Lane,in the R-2 Zoning
District. The Zoning Ordinance requires the minimum depth of the rear yard to be 30 feet. The current depth of my
rear yard is 32 feet;the proposed addition would reduce the depth of the rear yard to 11 feet.)
Please see attached: Exhibit A"statement" and description;Exhibit B Washington Hawthorn Tree;
Exhibit C_27-29 Endicott Street plan; Exhibit D_27-29 Endicott Street image
Exhibit E_24 Chestnut Street image; Exhibit f 78 Endicott Street Proposed Driveway Plan;
Exhibit G Driveway Section Detail;
For this reason I am requesting:
( )Variance(s)from provisions of Section of the Zoning Ordinance,specifically from
(i.e.minimum depth of rear yard).
What is allowed is (ft?sq ft?stories? %?), and what I
am proposing is (ft?sq ft?stories? %?).
( )A Special Permit under Section of the Zoning Ordinance in order to
Appeal of the Decision of the Building Inspector(described below):
Please see attached description in Exhibit A
( )Comprehensive Permit for construction of low or moderate income housing(describe below):
Current Property Use: Town House Are Lot Dimensions Included?WYes O No Why?
(Example:Two Family Home)
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and allow
the project to be constructed as per the plans submitted,as the enforcement of said Zoning By-Laws would involve
practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially
derogating from the intent and purpose of the Zoning Ordinance.
CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
PETITION FORM
The following written statement has been submitted with this application:
O For all Variance requests a written Statement of Hardship demonstrating the following must be attached:
a) Special conditions and circumstances that especially affect the land,building,or structure involved,
generally not affecting other lands,buildings,and structures in the same district;
b) Literal enforcement of the provisions of the Ordinance would involved substantial hardship to the
applicant;and
c) Desirable relief may be granted without substantial detriment to the public good,and without nullifying or
substantially derogating from the intent of the district or the purpose of the ordinance.
O For all Special Permit requests a Statement of Grounds must be attached.An application fora special pemut for
a nonconforming use or structure shall include a statement demonstrating how the proposed change shall not be
substantially more detrimental than the existing nonconforming use to the neighborhood in accordance with
Section 9.4 Special Permits.Such a statement should include reference to the following criteria:
a) Social,economic,or community needs served by the proposal;
b) Traffic flow and safety,including parking and loading;
c) Adequacy of utilities and other public services
d) Impacts on the natural environment,including drainage;
e) Neighborhood character; and
f) Potential fiscal impact,including impact on City tax base and employment.
O For all Comprehensive Permits for construction of low or moderate income applicants should refer to M.G.L.
Ch.40B§20-23.
Previous applications to the Board of Appeals involving this property have been submitted with this petition
form. The Building Commissioner can provide documentation ofprevious applications to the petitioner or his
representative.
If different from petitioner.
Petitioner: Christopher B. Ingersoll Property Owner:
Address: 78 Endicott Street Address:
Telephone: 617-460-5442 Telephone:
Email: ingersoll.chris@comcast.net Email:
Signature: Signature:
(Attached consent fetter is also acceptable)
Date: Se tember 22 15 Date:
if different from petitioner:
Representative:
A TRUE Address:
ATTEST Telephone:
Signature:
Date:
CITY CLERK DATE DPCD DATE
This original application must be filed with the City Clerk.
Exhibit A
City of Salem Zoning Board of Appeals—78 Endicott Street Application Statement
We are proposing to construct a 10'x20'driveway,with access from Endicott Street via a 10'wide curb cut with
two flanking transitional sloping curb stones of approximately 3'-4"each.To accomplish this,an existing 20"
caliper"weed"maple tree will need to beremoved from City property.To mitigate the loss of this tree,we
propose to plant two(2)Washington Hawthorn trees(see attached photo)on city property between the sidewalk
and street curb along the Hawthorne Street side of the 78 Endicott Street property.
In addition,we propose paving the drivewith reclaimed granite,allowing storm water to percolate into the soil
through open joints.To provide a visual continuity of this very small drive,we propose to extend the granite
pavement across the sidewalk and to the back side of the repositioned curbstone,flush with the street surface.We
realize this will require special approval from the City, but feel strongly,this will add a desirable character and
therefore value to the property.There is precedent for this in Salem,as many historical properties(particularly on
Chestnut Street)used a similar strategy to distinguish their driveway entrances via granite pavers to provide a
subtle tactile designation of vehicular access to the site(see attached photos).
Mr.St.Pierre denied our application citing the proposal violates the Zoning Ordinance,stating that the Zoning
Ordinance only allows"20 feet of curb cut at our property".
However,upon reviewing the Zoning Ordinance;Section 5.1.S.6 states:"The widths of entrance and exit drives
shall be:"Maximum of twenty(20)feet at the street lot line in residence districts".So as written,the Ordinance is
regulating the Maximum width per instance of curb cut opening.Mr.St. Pierre has interpreted this section to
mean the cumulative opening allowable for each property.Our property is a condominium in townhouse
configuration,and the adjoining unit at 76 Endicott Street has an existing approximately 14'curb cut,so under Mr.
St.Pierre's interpretation,our property is only allowed a 6'wide curb cut.
We believe our proposal is"as of right",in that the proposal is within the 20' maximum allowable width.
In addition,we believe it complies with the"spirit"of the Zone Ordinance,as Section 5.1.1 General,which states
"Off-street parking spaces shall be provided and maintained by the owner of the property for each building"and
5.1.8 Table of Required Parking Spaces."The number of off-street parking spaces shall be the minimum required
for the uses indicated,as set forth in the Table of Required Parking Spaces-Dwellings(RC,R1,R2, R3)-One and
one-half(1%)spaces per dwelling unit,with a minimum of two(2)spaces,plus one(1)space for each home
occupation."
Further,our informal survey of existing curb cuts at residential properties around Salem found numerous examples
of multi-family homes with curb cuts Well in excess of twenty feet,but the precedent most relevant to this
application is located at 27-29 Endicott Street,where the curb cut for a two unit townhouse is a single opening of
nearly 70'in width(see attached photos).
Therefore,based on the above information,we respectfully appeal Mr.St. Pierre's decision,and request
permission from the Board to proceed with our proposal to improve the property at 78 Endicott Street,with the
addition of this driveway.
September 21, 2015
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Exhibit F , ,;
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NOTICE OF MAGISTRATE'S HEARING DOCKET NUMBER COUNT— Trial Court of Massachusetts
ON COMPLAINT APPLICATION 1636A0000207- 1 District Court Department
CASE NAME:
City of Salem vs. Christopher B Ingersoll
ATTORNEY OR PARTY TO WHOM THIS NOTICE IS ISSUED COURT NAME&ADDRESS:
City of Salem Salem District Court
Bldg. Inspector 56 Federal Street
120 Washington Street Salem, MA 01970
Salem, MA 01970
POLICE DEPT./APPLICANT: INCIDENT REPORT# DATE 8 TIME OF MAGISTRATE'S HEARING:
City of Salem 06/08/2016 at 11:00 AM
FIRST FOUR OFFENSE COUNTS
COUNT CODE OFFENSE DESCRIPTION DATE OF OFFENSE
1 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL 04/12/2016
TO THE PARTIES TO THIS COMPLAINT APPLICATION:
You are hereby notified that the above-named complainant has filed an application for criminal complaint against the above-
named defendant and has requested a hearing by a judicial officer of this court. The number of offense counts(charges)
presented in this criminal complaint application are shown in the "no. counts' box above, and the first four offense counts are
listed above. If there are more than four offense counts, you may obtain the details of them from the clerk-magistrate's office
prior to the hearing.
This notice is to inform you that a MAGISTRATE'S HEARING will be held at this court to determine whether criminal
proceedings will be commenced against the above-named defendant in this matter. The hearing will be held on the date and
time indicated above.
Notice to Defendant:You may appear at this hearing to present your side of the case. You may bring witnesses with you and
you may also bring a lawyer, although it is not required that you be represented by counsel. Please bring this notice and report
to the Clerk-Magistrate's office upon your arrival at the court.
The court house address is listed above. If you fail to appear for your hearing at the date and time noted, the criminal complaint
may issue against you on that date.
Notice to Complainant: If you have any witnesses you want to testify at the hearing, you must bring them to the hearing. Please
bring this notice and report to the Clerk-Magistrate's office upon your arrival at the court. If you fail to appear for the hearing at
the date and time noted, your application may be denied.
FURTHER�RD O)FT COURT
Y �
DATEISSUED CLERK-MAGISTRATE
May 13, 2016 Brian K Lawlor
ATENCION:ESTE ES AVISO OFICIAL DE LA CORTE. SI USTED NO SAVE LEER INGLES,OBTENGA UNA TRADUCCION.
059 Date/Tinne Printed: 06-13-2016 10:38:25
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CITY bF SALEM
[ MONTH DAY YEAR TIME CONTaOL NO -
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i 1 hereby acknowledge receipt of the for`egomg citation
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Removal of Unsightly'Condilions (•]Violation of BOCA Nal Fire Prev.Code -- -)
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( Amount oPF[ne: [ ]Warning [ ]$25.00 $50.00
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You have the following alternatives in this matter within 21 days of the date of
this notice:
choose M pay the fine within 21 days of the date of this notice. _
Enclose a check or money order payable to the City of Salem and return It In this envelope
or by delivering In hand to the City Clerk's Office,City Hall 93 Washington Street,Salem
MA01970.If delivering in hand,please note the hours of City Hall operation;Monday
through Wednesday from 8:00 a m to 4:00 p.m.,Thursday from 8:00 am.to 7:00 p.m..and
Friday from 800am to 12 doom
IYAchoose to contest this matter within 21 days o[the date of this notes and request in wining _
l a noncriminal hearing
Enclose a copy of this citation and mail it to the Clerk Magistrate Salem Distnct Court 65
Washington Street Salem MA 01970 The Court will schedule a hearing
FAILURE TO OBEY THIS NOTICE WITHIN 21 DAYS OF THE DATE OF THIS NOTICE WILL
RESULT IN THE CITY OF SALEM APPLYING FOR THE ISSUANCE OF A CRIMINAL '
COMPLAINT AGAINST YOU AND THE DENIAL OR REVOCATION OF ANY CITY OF
SALEM PERMITS OR LICENSES YOU APPLY FOR OR THAT YOU HAVE BEEN GRANTED, _
INCLUDING BUILDING PERMITS.
City of Salem,City Clerk's Office,93 Washington Street Salem MA 01970
SALEM DISTRICT COURT �p0 '�
Office of The Clerk Magistrate 'e
J. Michael Ruane Judicial Center
Room#1300
56 Federal Street 02 QQ•4
0004433 78511 MAY13 20101
6
Salem, MA 01970 MAILED FROM ZIPCODE 01970
v
CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
PE'T'ITION FORM
CITY OF SALEM MASSACHUSETTS
BOARD OF APPEALS
"
120 WASHINGTON STREET,3an FL(MW MAY I b P 3: 3b
x a
` SALEM,MASSACHUSETTS 01970
qtr% Thomas St.Pierre,Director of Inspectional Services,- . ,
Phone:978-619-5641 j Fax:978-744JC4JA I `
Klmah"RLLY DRISCOLL Erin Schaeffer,Staff Planner
MAYOR Phone:978-619-5685 J Fax:978-740-0404 R
TO THE BOARD OF APPEALS:
The Undersigned represent that helshe is/are the owners of a certain parcel of land located at:
Address: 76-78 Endicott Street, Unit#2Zoning District: Residential R Orly",AE tv r i 1T
An application is being submitted to the Board of Appeal for the following reason(s): This statement must
describe what you propose to build,the dimensions,the zone property is in,and the zoning requirements.(Example:
I am proposing to construct a 10'x 10'ane story addition to my home located at 3 Salem Lane,in the R-2 Zoning
District. The Zoning Ordinance requires the minimum depth of the rear yard to he 30feet. The current depth ofmy
rear yard is 32 feet;the proposed addition would reduce the depth of the rear yard to 22 feet.)
Seeking a variance to Section 5.1.5.6 c,which states: The design of all off-street parking facilities shall
-conform to the following:of twenty(20)feet at the street lot line in residence districts.
76.78 Endicott Street is a two family structure in a townhouse configuration,with a condominium deed,
therefore is a single property lot line.The 76-78 Endicott Street Unit#1 has an existing dedicated 14-0"
-curb cut.This variance would provide an additional 12'-0"wide curb cut,for a total of 26'-0".This
variance would provide the 76-78 Endicott Street property an additional 6'-0"of curb curb,beyond the
current maximum allowable, as interpretation allowed by the Zoning Ordinance Enforcement Officer.
For this reason I am requesting:
Vvariance(s)from provisions of Section S.1.5.6c of the Zoning Ordinance,specifically from
maximum curb cut width (i.e.minimum depth of rear yard).
What is allowed is_20' (f0 sq ft?stories? %?), and what I
am proposing is 26' (Jl?sq ft?stories?%?).
( )A Special Permit under Section of the Zoning Ordinance in order to
{ )Appeal of the Decision of the Building Inspector(described below):
{ )Comprehensive Permit for construction of low or moderate income housing(describe below):
Current Property Use: Town House Are Lot Dimensions Included?(VJ Yes ( )No Why?
(Example:Two Family Nome)
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and allow
the project to be constructed as per the plans submitted,as the enforcement of said Zoning By-Laws would involve
practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially
derogating from the intent and purpose of the Zoning Ordinance.
n -
CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
PETITION FORM
The following written statement has been submitted with this application:
WFor all Variance requests a written Statement of Hardship demonstrating the following must be attached:
a) Special conditions and circumstances that especially affect the land,building,or structure involved,
generally not affecting other lands,buildings,and structures in the same district;
b) Literal enforcement of the provisions of the Ordinance would involved substantial hardship to the
applicant;and
c). Desirable relief may be granted without substantial detriment to the public good,and without nullifying or
substantially derogating from the intent of the district or the purpose of the ordinance.
O For all Special Permit requests a Statement of Grounds must be attached.An application for a special permit for
a nonconforming use or structure shall include a statement demonstrating how the proposed change shall not be
substantially more detrimental than the existing nonconforming use to the neighborhood in accordance with
Section 9.4 Special Permits.Such a statement should include reference to the following criteria:
a) Social,economic,or community needs served by the proposal;
b) Traffic flow and safety,including parking and loading;
c) Adequacy of utilities and other public services;
d) Impacts on the natural environment,including drainage;
c) Neighborhood character,and
I) Potential fiscal impact,including impact on City tax base and employment.
O For all Comprehensive Permits for construction of low or moderate income applicants should refer to M.G.L.
CL 40B §20-23.
Previous applications to the Board of Appeals involving this properly have been submitted with this petition
form The Building Commissioner can provide documentation ofprevious applications to the petitioner or his
representative.
If different from petitioner:
Petitioner: Christopher B. Ingersoll Property Owner:
Address: 76 Endicott Street Address:
Telephone: 617-460-5442 Telephone:
Email: inciersoll.chris@comcast.net Email:
Signature: Signature:
(Attached consent tetter a also acceptabiel
Date: April 26 2016 Date:---
If
ate: _If differen tfro m petitioner:
Representative:
Address:
A TRUE
ATTEST Telephone:
Signature:
Date:
CITY CLERK DATE DPCD DATE
This original application must be filed with the City Clerk.
City of Salem Zoning Variance Statement of Hardship
Seeking a variance to Section 5.1.5.6 c,which states:The design of all off-street parking facilities shall
conform to the following: of twenty(20)feet at the street lot line in residence districts.
76-78 Endicott Street is a two family structure in a townhouse configuration,with a condominium deed,
therefore is a single property lot line.The 76-78 Endicott Street Unit#1 has an existing dedicated 140"
curb cut.This variance would provide an additional 12'-0"wide curb cut,for a total of 26'-0".This
variance would provide the 76-78 Endicott Street property an additional 6'-0" of curb cut, beyond the
current maximum allowable by the current Zoning Ordinance Enforcement Officer.
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I CERTIFY THAT
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DATE 04/21/204,
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,r g'OfatAT
v� . CITY OF SALEM MASSACHUSETTS
-; BOARD OF APPEAL
� '^' "'•' 120 WASIHNGTON STREET♦ SALEM,MASSACHUSET4%`7
KIMBERLEY DRISCOLL 'ISLE:978-745-9595 ♦ FAx:978-740-9846 FILE if
MAYOR CITY GLE''iK,Si.Lr
i1 . S J.
November 4, 2015
Decision
City of Salem Board of Appeals
Petition of CHRISTOPHER INGERSOLL, seeking an appeal of the Decision of the Building Inspector to
allow a 10' wide curb cut at the property located at 76-78 ENDICOTT STREET (Map 25 Lot 453)(R2
Zoning District).
A public hearing on the above Petition was opened on October 21, 2015 pursuant to M.G.L Ch.40A, § 11.
The hearing was closed on that date with the following Salem Board of Appeals members present: Rebecca
Curran (Chair),Jimmy Tsitsmos,Mike Duffy,Peter Copelas,Jim Hacker (alternate).
The Petitioner seeks an Appeal of the Building Inspector's Decision.
Statements of fact:
1. In the petition date-stamped September 22, 2015, the Petitioner requested an Appeal of the Decision
of the Building Inspector.
2. Mr. Ingersoll,petitioner,presented the petition.
3. The Building Inspector denied an application for a 10' wide curb cut based on the criteria of the
Salem Zoning Ordinance Section 5.1.5 subsection 6 (c) that states that the widths of entrance and exit
drives shall be a maximum of twenty (20) feet at the street lot line in residence districts.
4. The property has two-residential units with an existing 14' curb cut. The Building Inspector testifies
that the additional proposed 10' curb cut at the property exceeds the maximum linear feet allowed at
the property.
5. Mr. Ingersoll was informed that he could apply to the Zoning Board of Appeals for a dimensional
variance.
6. The requested relief, if granted,would allow the petitioner to construct a 10'wide curb cut.
7. At the public heating, one (1) member of the public spoke in support and one (1) member spoke in
opposition to the petition.
The Salem Board of Appeals, after careful consideration of the evidence presented at the public bearing, and
after thorough review of the petition, including the application narrative and plans, makes the following
findings that the proposed project does not meet the provisions of the City of Salem Zoning Ordinance.
City of Salem Board of Appeals
November 4,201 S
Project: 76-78 Endicott Street
Page 2 of 2
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted none (0) in
favor and five (5) opposed (Rebecca Curran (Chair),Jimmy Tsitsinos, Mike Duffy,Peter Copelas,Jim Hacker
(alternate), to Appeal'of the Decision of the Building Inspector to allow a 10' wide curb cut at the property
located at 76 ENDICOTT STREET (Map 25 Lot 453)(R2 Zoning District).
THE DECISION OF THE BUILDING INSPECTOR IS UPHELD.
Rebecca Curran,Chair
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FII.FD WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal from this deasion,if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Cbajiter 40A, and shall be filed uathin 20
dajs of filing of this decision in the offue of the City Clerk Pursuant to the Massachusetts General Lams Chapter 40A,Section 11, the Variance or
Special Permit granted bmn shall not take Oct until a copy of the deasron beating the c"facate of the City Clerk bar been frkd cath the Essex South
Registry of Deeds.