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CITY OF SALEM MASSACHUSETTS
BOARD OF APPEjfiNOV 29 RM 12.;46
120 WASHINGTON STREET♦ SALEM,MASSACHUSETTsQ /( CLERK
K1MsERLEYDRtscoLL TELE:978-145-9595♦ FAX:978-740-9846 SALEM, MASS
MAYOR
November 29, 2017
Decision
City of Salem Board of Appeals
Petition of MICHAEL and ANGELA DIRUZZA seeking a variance for relief from the provisions of Sec.
5.1.5 (c) Parking Design, of the Salem Zoning Ordinance, to exceed the maximum allowable curbcut width at
the property of 13 GREENLAWN AVE (Map 8,Lot 113) (R-1 Zoning District).
A public hearing on the above Petition was opened on September 20,2017 pursuant to M.G.L Ch. 40A, 11
and continued to the regularly schedule meetings of October 18,2017 and November 15, 2017. The hearing
was closed on that date with the following Salem Board of Appeals members present: Rebecca Curran
(Chau), Peter A. Copelas (Vice-Chair),Mike Duffy,Tom Watkins and Paul Viccica.
The Petitioner seeks a variance for relief from the provisions of Sec. 5.1.5 (c) Parking Design, of the Salem
Zoning Ordinance, to exceed the maximum allowable curbcut width.
Statements of fact:
1. In the petition date-stamped August 24, 2017, the Petitioner requested a variance per Sec. 5.1.5
Parking Design, of the Salem Zoning Ordinance, to exceed the maximum allowable curbcut width.
2. The property is located in an R-1 Zoning District and the maximum allowable curbcut width is twenty
(20) feet.
3. The petitioner currently has an existing twenty (20� foot curbcut and is proposing to extend it by
another twelve feet (12� to have a thirty-two (32� foot wide curbcut.
4. The petitioner is requesting an expansion of the existing curbcut to accommodate four (4) vehicles
without the need to shuffle cars on the existing property to provide access to on-site parking.
5. The petitioner has a one (1) car garage and associated driveway that provides parking for three (3)
cars.The petitioner currently uses available on-street parking for the fourth car.
6. The petitioner is proposing to expand the existing curbcut to accommodate three (3) cars side-by-side
in the front yard and one car in the existing garage.
7. The petitioner stated that added cars parked on the street can be in the way of delivery trucks and
emergency vehicles if there are cars parked on both side of the street. Additional parking is also
needed during a snow emergency.
8. At the September 20, 2017 meeting, the petitioner stated that the proposed curbcut extension is now
thirty (30) feet and the petitioner proposes to remove an eight (8) foot section of curb and sidewalk.
9. The proposal would eliminate an on-street parking space,remove approximately eight (8) feet of curb
and sidewalk.An existing street tree may also be impacted by the proposal.
10. At the September 20,2017 meeting,the Board found that the proposal does not meet any of the three
(3) standard criteria for a Variance. In particular, the proposal to eliminate an on-street parking space
City of Salem Board of Appeals
November 29,2017
Project: 13 Greenlawn Ave.
Page 2 of 3
for the private benefit of the applicant for convenience was not a hardship as defined by M.G.L.
Chapter 40A.
11. The Board requested that the petitioner explore the possibility for alternative parking arrangements
on the property to allow the petitioner to add a parking area to the left of the existing driveway. From
the plot plan provided as part of the application, it appeared that there is adequate space for the
petitioner to provide parking for the fourth vehicle without the need for a wider curbcut.
12. At the September 20, 2017 meeting, the petitioner requested to continue to the next regularly
scheduled meeting to provide the Board with additional plans to demonstrate the possibility of
alternative on-site parking arrangements.
13. In a letter dated October 15, 2017, the petitioner requested to withdraw the application without
prejudice.
14. On October 18, 2017, the petitioner attended the regularly scheduled public hearing and retracted the
request to withdraw the application without prejudice and requested a continuation to the next
regularly scheduled meeting on November 15,2017.
15. At the November 15, 2017 meeting, the petitioner stated that the hardship is that the driveway is
shallow and it will be difficult to maneuver a car on the property without an expanded curbcut.
16. The petitioner stated that there is space for there to be a parking area to the left of the existing
driveway,but it is more difficult to maneuver a car in and out of the property.
17. The requested relief, if granted,would allow the petitioner to exceed the maximum allowable curbcut
width.
18. At the public hearing, seven (7) members of the public spoke in favor of the petition and no members
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, makes the
following findings:
1. There are no special conditions or circumstances that especially affect the land,building, or structure
involved,generally not affecting other lands,buildings or structures involved.
2. Literal enforcement of the provisions of the Ordinance would not involve substantial hardship to the
applicant.
3. Desirable relief may not 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.
City of Salem Board of Appeals
November 29,2017
Project: 13 Greenlawn Ave.
Page 3 of 3
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),Peter A. Copelas (Vice-Chair),Mike Duffy,Tom
Watkins and Paul Viccica), to allow the petitioner to exceed the maximum curbcut width.
THE PETITION IS DENIED. p p
T gam_"
Rebecca Curran, Chair
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 pwmant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20
days of fih'ng of this decision in the olire of the Gty Clerk. Purmant to the Marsacbutettr Genml Laws Chapter 40A, Section 11, the Variance or
Special Permit granted henna shall not take effect until a copy of the decision bearing the certificate of the Gry Ckrk bas been filed with the Essex South
Regutiy of Deeds.
CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
PETITION FORM
CITY OF SALEM,MASSACHUSETTS-" _
n( BOARD 2011
OF APPEALS AUG
24 PM ' *21 36
120 WASHINGTON STREET San FLOOR
SALEM,MASSACHUSETTS 01970 CITY CLERK
SALEM-'MASS
'- Thomas St.Pierre,Director of Inspectional Services
Phone:978-619-5641 /Fax: 978-740-9846 E
KIMBERLEY DiuscoiL Erin Schaeffer,Staff Planner
MAYOR Phone:978-619-5685 /'Fax: 978-740-0404 AUG 24 201
TO THE BOARD OF APPEALS: cr)r-, n F
The Undersigned represent that he/she is/are LEVFLe the owners of a certain parcel of land located at: �`yEl-0 PMENT
Address: 13 Greenlawn Avenue Zoning District:
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:
lam 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 ofmy
rear yard is 32 feet; the proposed addition would reduce the depth of the rear yard to 22 feet)
We- are proposing to-extend- our driveway-12 Feet-. --
The exising driveway is 20 feet and proposed to 32 Feet
For this reason I am requesting:
(Y),Variance(s)from provisions of Section 5. 1 of the Zoning Ordinance,specifically from 5-1-5 (6C)
(i.e. minimum depth ofrearyard).
What is allowed is
(ft?sg fi?stories? %?), and what I
am proposing is
(ft.y
sg 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: Single Are Lot Dimensions Included?( )Yes
( )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.
t
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 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.
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.
Michael DiRuzza If differentfrom petitioner:
Michael DiRuzza
Petitioner:_Angela DiRuzza Property Owner: Angela DiRuzza
Address: 13 Greenlawn Avenue Address: 13 Greenlawn Avenue
Telephone: 978-744-8875 Telephone: 978-744-8875
Email: adiruzza@comcast.net Email: adiruzza@comcast.net
Signature:i(.0'( p'7 Signature: i
( ttac d co isenl letter is also acceptable))
Date: dmf Date: �' y
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.
NOTE:
THIS PLAN IS NOT THE RESULT OF AN A'STRUIMPT EURW AND SHOULD NOT BE USED
FOP. BOUNDARY RECOXSTRUC77O.AN. IT IS FOR MORTGAGE .WPECTTON PURPOSES ONLY.
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THAT THE DYELLING SHOJN HEREON IS DEED REFERENCE:
LOCATED ON THE GROUND AS SHORN AND
TAT IT CONFORMS TO THE DBUNSIONAL
REQUIREMENTS OF THE ZONING BY—LAE OF PLAN REFERENC%;
Tffi CITY OF SALEM, MA TITH REGARD
TO FRONTAGE, ARRA AND SETBACKS AT THE °cy l3 c ZB/ PL 2 j
T-W OF CONSTRUCTION AND THAT T2E MORTCACE INSPECTION PLAN
DTfJ.aL111C SHORN HEREON IS NOT LOCATED
7 tel A FLOOD HAZARD ZONE AS DELINE47ED OF LAND IN
' O.a m NAP OF COMMUNITY NO. 250102
AS l F7lS.?D TO 08/05/85 BY AGENCIES OF r,2 SALE, MA
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To Whom It May Concern:
We are seeking to expand our driveway to a three car driveway from a two car driveway after the
purchase of an additional vehicle. The driveway needs to be extended to the left side. It cannot be
extended to make the existing driveway longer due to the fact that we have do have a garage.
The reasons that we are requesting the extension would be as follows:
1. If two cars are parked on the street vertically across from each other, emergency vehicles or
oversized vehicles cannot make it thru. For example,the other night, a UPS Truck could not go
down the street and had to ring our doorbell for us to move our car.
2. Additional driveway space is needed when off street parking is in effect during a snow
emergency.
By extending the driveway, it would not affect our existing home or any existing home on our street.
U.S.POSTAGE>>PITNEYBOWES
CITY OF SALEM, MASSACHUSETTSs
BOARD OF APPEAL w
120 WASHINGTON STREET, 3RD FLOOR f-s x ZIP 01970 $ 000.980
SALEM, MASSACHUSETTS 01970 'i fD - O 02 1" V
0001392928SEP. 05. 2017.
Parcel ID: 08-0083-0
PORCELLO JANE E
9 CLOVERDALE AVE
SALEM,MA 01970
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CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET 1 SALEM,MASSACHUSE77$0197
TELE:978-619-5685 ♦FAX:978-740-0404
KiNmERLEY Dm ou.
MAYOR
City of Salem
Zoning Board of Appeals
I
Will hold a public hearing for all persons interested in the petition of MICHAEL and ANGELA DIRUZZA
seeking a Variance for relief from the provisions of Sec. 5.1.5 (c) of the Salem Zoning Ordinance, to exceed
the maximum allowable curbcut width at the property of 13 GREENLAWN AVE (Map 8, Lot 113)(8-1
Zoning District)
The public hearing will be held on WED., September 20, 2017 at 6:30 PM, in Room 313, 3.d at 120
Washington Street.
Rebecca Curran, Chair
Board of Appeals
Salem News: 9/6/2017 & 9/13/2017
D�n�e L�
pOND(T,t
CITY OF SALEM, MASSACHUSETTS
a'M � o) BOARD OF APPEAL
�ptM EDO�
120 WASHINGTON STREET 4 SALEM,b'GISSACHUSE'CfS 01970
MMBERLEYDRISCOLL TEi,E:978-745-9595 ♦ FAX:978-740-9846
MAYOR
Notice of Decision
At a meeting of the City of Salem Zoning Board of Appeals held on Wednesday, November 15,2017 at 6:30
p.m. at 120 Washington St., Salem, MA, the Zoning Board of Appeals voted on the following item:
A public hearing for all persons interested in the petition of MICHAEL and ANGELA DIRUZZA seeking a
Variance for relief from the provisions of Sec. 5.1.5 (c) Parking Design of the Salem Zoning Ordinance, to
exceed the maximum allowable curbcut width at the property of 13 GREENLAWN AVE (Map 8, Lot
113)(8-1 Zoning District)
Decision: DENIED
Filed with the City Clerk on November 29,2017
This notice is being sent in compliance with the Massachusetts General Laws, Chapter 40A, Sections 9 & 15 and dopy not require action
by the recipient.Appeals,if any,shall be made pursuant to Chapter 40A,Section 17, and shall be fled within 20 days from the date which
the decision was fled with the City Clerk.
CITY OF SALEM
ASSESSOR'S CERTIFICATION OF ABUTTERS AND
"PARTIES IN INTEREST"
BOARD/COMMISSION: Zoning Board of Appeals
PROJECT SITE: 13 Greenlawn Ave
DATE: 8/31/2017
DESCRIPTION OF REQUIREMENT:
Parties in Interest:
❑ The applicant
❑ Abutters
❑ Owners of land opposite any street or way
❑ Abutters to abutters within 300 feet
❑ Planning boards of abutting cities and towns
This is to certify that the time of the last assessment for taxation made by the City of
Salem, the names and addresses of those listed on the attached sheets are "parties in
interest" (as defined by Massachusetts General Law Chapter 40A, Section 11) to the
parcel(s) of land listed above as the project site. C
Assessor's Signature: Date: a ��
Number of initialed pages attached: 1 1
Once Certified,Return to:
Erin Schaeffer
Department of Planning and Community Development
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Parcel ID:08-0113-0 Parcel ID: 08-0078-0 Parcel ID:08-0081-0
DIRUZZA MICHAEL C PORCELLO JANE E SULLIVAN DANIEL J
DIRUZZA ANGELA L 1 PORCELLO LANE SULLIVAN PAULINE J
13 GREENLAWN AVE SALEM, MA 01970 5 CLOVERDALE AVE
SALEM, MA 01970 SALEM,MA 01970
Parcel ID:08-0082-0 Parcel ID: 08-0083-0 Parcel ID:08-0084-0
GAIGE BRADFORD J - PORCELLO JANE E BAQUI EMRAN
7520 MALLARD STREET 9 CLOVERDALE AVE AHMED SYEDA MAHBOOBA
NEW PORT RICHEY, FL 34654 SALEM, MA 01970 6 CLOVERDALE AVE
SALEM, MA 01970
Parcel ID: 08-0085-0 Parcel ID: 08-0091-0 Parcel ID:08-0092-0
KING RONALD R SCHMITTNER WARREN P DISICK FAMILY LIVING
CAROLE J SCHMITTNER DIANE E DISICK STEVEN M/DISICK
4 CLOVERDALE AVE 7 GREENLAWN AVE 10 GREENLAWN AVE
SALEM, MA 01970 SALEM, MA 01970 SALEM, MA 01970
Parcel ID:08-0101-0 Parcel ID: 08-0103-0 Parcel ID:08-0106-0
PHEASANT HILL REALTY MEIMETEAS ANGELO C HINCMAN CHARLES J
SWINIUCH RICHARD E TR 9 GREENLAWN AVE MARLENE M
14 GLENN AVE SALEM, MA 01970 17 GLENN AVE
SALEM, MA 01970 SALEM, MA 01970
Parcel ID:08-0107-0 Parcel ID:08-0108-0 Parcel ID:08-0109-0 ��•�l y �I'Ef1��,�
SPRINGER JEFFREY DIONNE RENEE C P&htAKV B
DENEHY RENA DIONNE JOHN R C
1 SPRINGSIDE AVE 3 SPRINGSIDE AVE ti4C#UE 11 GlCv�Ehcl��-- `�
SALEM, MA 01970 SALEM, MA 01970 SU LeYr1` Y1L79-
Parcel ID:08-0110-0 Parcel ID:08-0111-0 Parcel ID:08-0112-0
LENARES ANTONIO GONZALEZ DENCI G PORCELLO PETER H
LENARES PATRICIA A RODRIGUEZ-GONZALEZ CAROL ANN
15 CLOVERDALE AVENUE 19 CLOVERDALE AVE 21 CLOVERDALE AVE
SALEM, MA 01970 SALEM, MA 01970 SALEM,MA 01970
Parcel ID:08-0114-0 Parcel ID: 08-0115-0 Parcel ID:08-0116-0
WALSH GEORGIA J ROMANO ANNE M MENEADES RALPH L ET ALI
18 CLOVERDALE AVE FRIZZELL ROBERT 8 VERONA ST
SALEM, MA 01970 12 CLOVERDALE AVENUE SALEM,MA 01970
SALEM,MA 01970
Parcel ID:08-0120-0 Parcel ID: 08-0121-0 Parcel ID:08-0123-0
POSEIDON REALTY LLC DRISCOLL NICHOLAS J PEP BOYS-MANNY MOE&
557 HIGHLAND AVENUE DRISCOLL KIMBERLY A LORD JACK OF DELAWARE INC
NEEDHAM HEIGHTS, MA 02494 16 GLENN AVENUE 3111 WEST ALLEGHENY AVE
SALEM, MA 01970 PHILADELPHIA, PA 19132
Parcel ID:08-0127-0 Parcel ID:08-0128-0 Parcel ID:08-0152-0
PHILLIPS MARK L COLE CHRISTOPHER CAULFIELD FRANCIS
PHILLIPS ROBIN J COLE ELLEN M CAULFIED VERONICA
16 GREENLAWN AVE 18 GREENLAWN AVE 20 CLOVERDALE AVE
SALEM, MA 01970 SALEM,MA 01970 SALEM,MA 01970
Parcel ID: 08-0153-0 Parcel ID: 08-0154-0 Parcel ID:08-0162-0
DALTON ROGER T GERRARD JOSHUA D PANNETON LAURI ANN
ZIRPOLO RUBINA 11 GREENLAWN AVE PANNETON MICHAEL R
15 GREENLAWN AVE SALEM, MA 01970 19 GREENLAWN AVE
SALEM, MA 01970 SALEM, MA 01970 /
Parcel ID: 08-0167-0 Parcel ID:08-0169-0 Parcel ID:08-0170-0
MURTAGH THOMAS D LIMA JOSEPH V STEVENS ANTHONY W
MURTAGH CHRISTINE M LIMA LILLIAN I AMARAL JENNIFER
17 GREENLAWN AVE 12 GREENLAWN AVENUE 14 GREENLAWN AVENUE
SALEM, MA 01970 SALEM, MA 01970 SALEM,MA 01970
Parcel ID:08-0171-0
DANDREO JULIE F
6 VERONA STREET
SALEM,MA 01970