44 CHESTNUT STREET - ZBA �� C��vw�-; S��
- _
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET♦SALEM,MASSACHUSITr S 01970
KIMBERLEYDR1scoLL TELE:978-745-9595 ♦ FAX:978-740-984610 14 SEP 10 .P 12: S1
MAYOR
FILE k
September 106, 2014 CITY CLERK, SALEM.MASS,
Decision
City of Salem Board of Appeals
Petition of JOSEPH DIPIETRO requesting a Variance from the provisions of Section 5.1 Off-Street
Parking of the Salem Zoning Ordinance to allow the creation of a 11-foot by 13-foot off-street
parking stall,when the minimum allowed off-street parking stall dimensions are 9-feet by 19-feet.
The proposal is for the property located at 44 CHESTNUT ST (R2 Zoning District)
A public hearing on the above Petition was opened on August 27, 2014 pursuant to M.G.L Ch. 40A, § 11.
The hearing was closed on that date with the following Salem Board of Appeals members present: Ms.
Curran (Chair),Mr. Duffy,Mr.Watkins, Mn Copelas (Alternate), and Mr. Tsitsinos (Alternate).
The Petitioner seeks a Variance from the provisions of Section 5.1 Off-Street Parking of the Salem Zoning
Ordinance.
Statements of fact:
1. In the petition date-stamped July 2e, 2014, the Petitioner requested a Variance from the provisions
of Section 5.1 Off-Street Parking of the Salem Zoning Ordinance to allow the creation of a 11-foot by
13-foot off-street parking stall when the minunum allowed off-street parking stall dimensions are 9-
feet by 19-feet.
2. The Petitioner was not in attendance,no testimony was presented.
3. Ms. Curran read a letter submitted to the Board by Jeffrey and Katherine Casiglia of 44 Chestnut
i
Street, stating that they are the new property owners of 44 Chestnut Street, and that, while they did
not submit the petition, they are not interested in pursuing this project at this time. The creation of
the parking space would require removal of a healthy street tree and an historic iron fence. j
4. The requested relief, if granted, would allow the Petitioner to construct an 11-foot by 13-foot off-
street parking space.
5. At the public hearing, no members of the public spoke in opposition to or in favor of the petition..
The Salem Board of Appeals, under the circumstances, makes the following findings:
Findings
1. No testimony was presented.
2. No one appeared on behalf of the applicant
3. The applicant is no longer the property owner.
4. The current property owner submitted a letter expressing that at this time they do not wish to
construct a parking space at the described location.
City of Salem Board of Appeals
September 10,2014
Project:44 Chestnut Street
Page 2 of 2
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5)
opposed (Mr. Watkins, Ms. Curran, Mr. Tsitsinos, Mr. Copelas and Mr. Duffy) and none (0) in favor, to
approve the requested Variance to allow the creation of a 11-foot by 13-foot off-street parking space. The
petition is denied.
Rebecca Curran, Chair
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal from thin detinon, if ary, sball be made yunuani to Seawn 17 of ibe Mavacburettr General Laws Chapter 40A,.and.shall be filed within 20
days of filing of this deasion in the office of the City Clerk Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or
Special Permitglanted herein sball not take ef/ert until a copy of the deasion bearing the certificate of the Ciy Clerk has been fled with the Essex South
RegmtryofDeed,.
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CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
o PETITION FORM
CITY OF SALEM,MASSACHUSETTS
BOARD OF APPEALS
JUL
v
120 WASHINGTON STREET,31m FLOOR 1014 2U P 49
SALEM,MASSACHUSETTS 01970
FILE
Thomas St.Pierce,DirectocofInspectionalServic(VITYCLEjF�(, SfaLEf'I.P'�+�-� ..
Phone:978-619-5641 /Fax:978-740-9846
KwBERLEY DRISCOLL Dana Menon,Staff Planner '° "' '4._
MAYOR Phone:978-619-5685 / Fax:978-740-0404 L:� i�
TO THE BOARD OF APPEALS: JUL 24 2014
The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: DEPT OF PLANNING g
Address: 44 Cke-5 1n U JtSt. Zoning District: K— Z COMMUNIPt DEVELOPMENT
An application is being submitted to the Board of Appeal for the following mason(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'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 22 feet.)
X Qµ os'I n Ilt e oA or a. Ar'ki n 5 ace
cz f + o M Pawriv I-Dcoufed'
ares vS l --2 on t o PI S'frtcfi I' e 7ro RSe d
Aq O-Ce- IS ff 1,,E Ide- - Lo e 70A ,
v! e -v RIt,a1de x I-I` I
For this reason I am requesting: .
M/Variance(s)from provisions of SectionE&
/ of the Zoning Ordinance,specifically from
OFF -sl-� 1ZVIMC? AOLATHS (i.e. minimum depth ofrearyard).
What is allowed is 1 " It
V �( � l�A(�� (ft?sq ft?stories? %?), and what I
am proposing is /� 3 1 /"Ci'-�7S (ft?sqft?stories? %?).
O A Special Permit under Section of the Zoning Ordinance in order to
O Appeal of the Decision of the Building Inspector(described below):
i
s
O Comprehensive Permit for construction of low or moderate income housing(describe below):
S 1 � ,
Current Property Use: 5^t R rM Are Lot Dimensions Included?(w)Yes ( )No Why?.
(E.xan le: vo Family Nom
a
The Undersigned hdfeby p itions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and allow
the project to be cottstructe-as per the plans submitted,as the enforcement of said Zoning By-Laws would.involve
practical difficulty on unn e' ssary hardship to the Undersigned and relief may be granted without substantially
derogating from the t"gtenf-a'fid purpose of the Zoning Ordinance.
MY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
PETITION FORM
The following written statement has been submitted with this application:
( ) 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 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;
e) Neighborhood character;and
f) Potential fiscal impact,including impact on City tax base and employment.
( ) For all Comprehensive Permits for construction of low or moderate income applicants should refer to M.G.L.
Ch.40B §20-23.
Ptevious applications to the Board of Appeals involving this property have been submitted with this petition
form. The Building Commissioner can provide documentation of previous applications to the petitioner or his
representative.
.{ If different from petitioner.
Petitioner: C'Sep 1'1 " ►i�tefiro MRSertyOwner:
Address:_ ,Chestnv+ S�• Address:
q't /
Telephone: B —'1- 1 —91 I I[yD3 Telephone:
✓n4 elf te?ro7eC-1C,rdt•ref
Email: Email: - -
Signaturew+—k Signature:
(Attached consent letter is also acceptable)
Dale: _Z - 'ate: - -
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.
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Statement of Hardship
for: 44 Chestnut Street
Proposed Parking Space
The following is the justification for the requested variance to create and install a parking space area (11'
wide x 13' long) at 44 Chestnut St:
There is no off street parking at this family home (which has 3 cars)
• In this densely populated area there is limited parking. Creation of this parking space would help
relieve a neighborhood parking issue and any related parking issues during snow bans/emergencies
• The proposed parking space area (11'wide x 13' long) is more than adequate and reasonable to fit a
small or mid-size car
For the attached 46 Chestnut St. home, a driveway similar to the proposed (for 44 Chestnut St.) was
granted approval by the City of Salem and installed in 2013.
• The home was built in 1870. This parking space would provide a common convenience afforded to
present day homes.
Joseph DiPietro
44 Chestnut St.
Salem, MA 01970
July 24, 2014
Signatur _
Page 1
f
Jeffrey and Katherine Casiglia
44 Chestnut Street
Salem, MA 01970
August 20,2014
Ms. Rebecca Curran
Chair,Zoning Board of Appeals
120 Washington Street, 31 floor
City Hall Annex
Salem, MA 01970
Dear Ms. Curran,
We are writing to you as the new owners of 44 Chestnut Street with regard to an issue on the agenda
for the August 27'h Zoning Board of Appeals meeting. The specific issue is a request for a variance on
our property to install a driveway.
This petition was submitted by the previous owner, Mr.Joseph DiPietro. While in the process of
purchasing our new home,the DiPietros(or, rather,their real estate agent)gave the impression they
had already gone through the process of getting the variance approved. It was not until shortly before
closing that we learned that this matter had not yet been discussed by the Zoning Board of Appeals. As
such, I contacted Dana Menon so that we could review the plans that were submitted. In earnest,we
are not interested in installing a driveway and we are certain that the DiPietros submitted the request as
a way to make the property more appealing to potential buyers. Building the driveway would require
removal of the beautiful historic iron fence and a very healthy shade tree,which is not mentioned in the
application. I am sure you can understand how removal of these items, specifically the tree,makes the
proposal unappealing to us as the new owners. Furthermore,the proposed space does not provide
ample depth to park either of our current vehicles. Perhaps we will change our minds at some point,
but I don't see that happening in the foreseeable future.
I had inquired about removing this item from the agenda, but it seems that we cannot make any
requests relative to this petition as we are not the petitioners. However, I would point out,again,that
the petitioner is no longer the property owner. I tried b reaching the DiPietros prior to writing this
letter without success.
Thanks for your time and consideration.
jd
rine Casiglia
i