27 1/2 FOSTER STREET - ZBA a �
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f' Legal Notice {
CRY OF SALFM
BOARD OF APPEALS
745.9595 Ext 381
Will hold a public hearing for all per-
sons interested in the petition submit-
ted by LINDA ROBINSON requesting
Variance relief from the off street
parking regulations to allow an exist-
Ing driveway to remain.Relief sought
r is for front yard setback and the
requirement for a Z'buffer zone for the
property located at 27 1/2 Foster
- Street R-1. Said hearing to be on
Wednesday,January 18,2006 at6.30
P.M, 120 Washington Street, 3rd
Floor,Room 313.
t Nina Cohen,Chairman
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(1/41/11).
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_ -. _ _-
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL CII `,' l t ALEM. �'iA
120 WASHINGTON STREET, 3RD FLOOR CLERK'S OFFICE
SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595
FAX: 978-740-9848 280b MAR —2 P 5:. 03
DECISION ON THE PETITION OF LINDA ROBINSTON REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT 27 'A FOSTER STREET R--1
A hearing on this petition was held on February 8 2006 with the following Board
Members present: Nina Cohen, Chairman, Richard Dionne, Nicholas Hellides, Robin
Stein and Edward Moriarty. Notice of the hearing was sent to abutters and other and
notices of the hearing were properly published in the Salem Evening News in
accordance with Massachusetts General Laws Chapter 40A.
The petitioner is requesting a Variance from off-street parking regulations to allow an
existing driveway to remain. Relief sought is from front yard setback and the requirement
for a 2" buffer zone for the property located at 27 ''A Foster Street located in an R-1 zone.
The Variance which has been requested maybe granted upon a finding of the Board—
that:
a. Special conditions and circumstances exit which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings or
structures in the same district.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner
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.
The Board of Appeal, after careful consideration of the evidence presented at the
hearing and after viewing the plans, makes the following findings of fact:
1. The Petitioner owns the property located at 271h Foster Street and represented
herself at the hearing.
2. The Petitioner purchased her home from Funari Development Inc., on August 17,
2005
3. At such time the property contained a paved driveway located in the front of the
house.
4. In early September of 2005, the Petitioner learned that he driveway constructed
by the seller of her property, was not done so in conformance with the Zoning By-
Laws of the City of Salem and that no authorization for the curb cut to access the
driveway was ever granted.
5. At the hearing the Board heard testimony from the Petitioner and her direct
abutting neighbor.
DECISION ON THE PETITION OF LINDA ROBINSON REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 271/2 FOSTER STREET R-1
page two
6. The Petitioner explained that she only desired to keep part of the paved area as
a driveway and planned to landscape the rest to improve the look and function of
the property.
7. Petitioner's neighbor opposed permitting the driveway to remain, as he believed
it presented an impediment to fire safety. He also complained that accessing the
driveway impeded his ability to park his car on the street.
8. In evaluating Petitioner's application the Board failed to find any hardship
requiring the issuance of a variance.
9. The Board was also concerned with access to the driveway where the property is
located on a curve.
On the basis of the above findings of fact, and on the evidence presented at the hearing,
the Board of Appeal concludes as follows:
1. Special conditions do not exist which especially affect the subject property and not
the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would not result in
unnecessary hardship to the petitioner.
3. The relief requested cannot be granted without substantial detriment to the public
good or without nullifying and substantially hardship derogating from the intent of the
district or purpose of the Ordinance.
Therefore, the ZoningBoard of Appeal pp voted 2 in favor and 3 in opposition t
pp o grant the
requested variances. Having failed to garner the four affirmative votes required to pass,
the motion is defeated and the petition is denied.
VARIANCE DENIED
FEBRUARY 8, 2006
Robin Stein
Board of Appeal
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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 MGL
Chapter 40A and shall be filed within 20 days after the date of filing of this decision in the
office of the City Clerk. Pursuant to MGL Chapter 40A, Section 11, the Variance or
Special Permit granted herein shall not take effect until a copy of the decision bearing
the Certification of the City Clerk that 20 days have passed and no appeal has been
filed, or that, if such appeal has been filed, that it has been dismissed or denied 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 owners Certificate of Title.
Board of Appeal
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FED-08-2006 09:13 US PROBATION OFFICE 975 689 9067 P.02
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Office of fhL, Mfg Guncil
04P (9ifg Rall
COUNCILLORS-AT-LARGE JEAN M.PELLETIER
zoos
PRESIDENT 'HARD COUNCILLORS
i MICHAEL BENCAL CHERYL A.LAPOINTE 2006
THOMAS H.FUREY LUCY CORCHADO
JOAN 8.LOVELY CITY CLERK MICHAEL SOSNOWSKI
ARTHUR C.SARGENT 111 JEAN M. PELLETIER
LEONARD F.O'LEARY
February 7 2006 MATTHEW A. VENO
Nina Cohen, Chair PAUL C. PREVEY
Salem Board of Appeals JOSEPH A.O'KEEFE,SR.
i City Hall Annex
Wash'y
120 Washington Street
j Salem,Massachusetts 01970
Dear Madame Chair and Board Members; Re: 27 Y Focter Street
i
iDue to the Council'$Committee OnCommututyand Economic Development meetmgthis evenmg,
I am unable to appear in person before the Board. Please accept this letter in lieu of my absence.
'am submitting NsletterinOpposition tothe petitionrelativeto27%2Foster Street, The petitioner,
" requeststm"hebepem'ittedtouwthemist'ngdrivewayatherresidence. Ihavermewedthe driveway
and it presents withproblems. Specifically,the granite curb along the sidewalk runs halfthe length ofthe
driveway entrance. To drive a vehicle into the driveway,one must jump the granite curb to get in.
My understanding isthat the driveway was put in by the previous ownerof27%Foster Street and
he failed to obtained permission for a curb cut,and as such,this matter is before the Board. I would
recommend that the Board denied thepetition and that the petitioner seek other remedies to address her
driveway.
�jRespectfully
�
Paul C.Prevey 1r
Councillor, Ward six
i
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SALEM CITY HALL • 93 WASHINGTON STREET • SALEM, MA 01970-3592 • WWW,SALEMCOUNCIL.COM
TOTAL P.02
CITY OF SALEM, MASSACHUSETTS
PUBLIC PROPERTY DEPARTMENT
d
120 WASHINGTON STREET, 3RD FLOOR
AAtyy SALEM, MASSACHUSETTS 01970
STA,JLE\' J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380
FAX: 978-74C-9846
MAYOR
November 7, 2005
Linda Robinson
27 %Foster Street
Salem, MA 01970
s
Dear Ms. Robinson;
This letter is to inform you that this office has determined that as you are not
responsible for the driveway situation that you inherited with the purchase of your home,
we will await the result of an upcoming Board of Appeal decision before we undertake
any action regarding this situation. What this means is that we will allow use of this
driveway until such time as the B.O.A. has a chance to review this situation and make
their own determination as to allowance. Should you have any questions regarding this
matter, please feel free to call the office at (978) 745- 9595 ext. 380.
Sincerely, a
Thomas J. St. Pierre
Building Commissioner/Zoning Enforcement Officer
CC: file, Police Department, Councilor Bencal
February 1, 2006
To Whom It May Concern:
As a neighbor and/or property owner, I am in full support of Linda Robinson's
petition to allow the existing driveway to remain and request for a curb cut at 27 '/z Foster
Street, Salem.
Thank you,
Name Address
February 1. 2006
To Whom It May Concern:
As a neighbor and/or property owner, I am in full support of Linda Robinson's
petition to allow the existing driveway to remain and request for a curb cut at 27 '/Z Foster
Street, Salem.
Thank you,
Name Address
CCS
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