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6 DESMOND TERRACE - ZBA f � �fe,�C� Ce� �� m�� l \ bb � , � -� � �� � � � � �� Legal Notice CITY OF SALEM 0 BOARD OF APPEAL 745-9595 Ext 381 1 Will hold a public hearing for an per- I I sons interested in the petition submit- ted by ANTHONY ALOI requesting a i Variance from off-street parking regula- tions to allow a second driveway for t 1e property located at 6 DESMOND TER. I RACE R-1. Said hearing will be held 1 WEDNESDAY,MAY 17,2006 AT 6:30 ` j] P.M., 120 WASHINGTON STREET 1 1 3RO FLOOR,ROOM 313 7 �- Nina Cohen, I e 05/03,05/10/2006 Chairman I S r' CITY OF SALEM9 MASSACHUSETTS (� BOARD OR APPEAL Cft`( OF SALEM. MPt 120 WASHINGTON STREET, 3RD FLOOR CLERK'S OFFIC • SALEM, MASSACHUSETTS 01970 T ELE PNOM 6: 976.746-9696 FAX: 979-740-9846 2006 JUL -5 June 29, 2006 a Decision Petition of Anthony Aloi requesting a Variance from off-street parking regulations to allow a second driveway at the property located at 6 Desmond Terrace, R-1 District City of Salem Zoning Board of Appeals A public hearing on the above petition was opened on May 17, 2006 pursuant to Mass General Law Ch. 40A, Sec. 11, the following Zoning Board members being present: Nina Cohen,Edward Moriarty, Richard Dionne, Robin Stein and Nick Helides. The public hearing was continued, with the applicant's approval for a waiver of time requirements, to June 21, 2006, the following Zoning Board members present: Nina Cohen, Richard Dionne, Stephen Pinto,Bonnie Belair. The petitioner Anthony Aloi is requesting a variance pursuant to section 9-5 to allow the construction of an additional driveway to service their residence located at 6 Desmond Terrace, Salem, in the Single-Family Residential (R-1) zoning district. The petitioner is requesting a variance from the two (2) foot set back requirement of the City of Salem Zoning Ordinance for all parking exit and entrance drives (Sec 7-3 (e)(5)b and from the minimum width for entrance and exit drives of twelve (12) feet pursuant to Sec. 7-3 (e)(4)b, to allow the construction of an additional driveway around the north side of the petitioner's residence to the rear yard. The Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the Plans and Petition submitted, makes the following findings of fact: 1. The property at 6 Desmond Terrace is within the R-1 zoning district. 2. The petitioner, Anthony Aloi, was represented at the continued public hearing by his wife, Eileen Quinn, and submitted a signed letter authorizing her to speak on his behalf. 3. The petitioner proposes to construct a secondary driveway from the street line at Desmond Terrace to the rear portion of the petitioner's yard around the north side of the existing structure. 4. The petitioner is proposing to acquire a curb-cut for the additional driveway. 5. The petitioner has spoken with numerous neighbors and has obtained their approval for the construction of the additional driveway. 6. The petitioner has provided photographic images of the lot and the locations of the existing residence, and a city-owned tree on the comer of Desmonf Terrace, a dead-end street. 7. The petitioner has agreed to try to avoid trimming the city-owned tree, but may have to trim small portions to allow for the construction of the driveway. 8. There were no members of the public who wished to speak in favor or against the petition. On the basis of the above findings of fact, including all evidence presented at the public hearing, including, but not limited to, the Petition and detailed plans, the Zoning Board of Appeals concludes as follows: 1. The petitioner may construct the additional driveway on the north side of the house. 2. The petitioner's request for a variance to allow a second driveway at the end of the dead-end street does not constitute a substantial detriment to the public good. 3. The proposed expansion does not nullify or substantially derogate from the intent or purpose of the zoning ordinance. 4. The petitioner's lot size prohibits the location of another driveway in any other location on the property. 5. The petitioner's lot size restrictions do not generally occur in the district and are specific to their land. 6. A literal enforcement of the zoning ordinance would create a substantial hardship to the petitioner. 7. In permitting such change, the Board of Appeals requires certain appropriate conditions and safeguards as noted below. In consideration of the above, the Salem Board of Appeals voted, four(4) in favor (Cohen, Dionne, Pinto, Belair) and none (0) opposed, to grant the request for a variance, subject to the following terms, conditions, and safeguards: 1. 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 to. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. Petitioner is not to remove or kill the existing city tree, but may trim the branches and roots if necessary for construction of the driveway. 6. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. Steven Pinto Salem Zoning Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision,if any,shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20 days of filing of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A,Section 11,the Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City clerk that 20 days have elapsed and no appeal has been filed,or that,if such appeal has been filed,that it has been dismissed or denied and is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title.