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405-427 HIGHLAND AVENUE - ZBA (2) R � r 5 �¢ d., w a, vr, re F , 1 amra.` CITY OF SALEM F DEPARTMENT OF PLANNING AND 4 a„Yz ��Ln`ttNf QO'tit�` COMMUNITY DEVELOPMENT KIMBERLEYDRISODLL MAYOR 120 WASH-,G'rON STREE"I'♦SAU-M,MASSAMUSE Yrs 01970 TEr:978-619-5685 FAx:978-740-0404 LYNN G(X)NIN DuNCAN,AIC' DIRECTOR e� March 24, 2010 { O r c, Attorney George Atkins Ronan, Segal &Harrington x' 59 Federal Street ` cn Salem, MA 01970y," -© Re: Request for extension 405-427 Highland Avenue _ Tr C1; v) Dear Attorney Atkins: On March 17, 2010, the Salem Board of Appeals met to discuss a request by Paul Ferragamo to extend the Variances granted in a decision dated May 4, 2009, from minimum lot area, minimum lot width, and minimum depth of front yard to allow for the property located at 405-427 Highland Avenue, Salem, MA. The Board voted 4-0 (Debski, Stein, Belair and Dionne in favor, none opposed) to extend the Variances to November 3, 2010, due to the amount of time the Planning Board approvals have taken for the project. Sincerely, J��1�//�n �,+ Danielle McKnight Staff Planner Ce: Cheryl LaPointe, City Clerk pOND17 . CITY OF SALEM9 MASSACHUSETTS BOARD OF APPEAL w. � 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS O 1970 TELEPHONE: 978-745-9595 FAX: 978-740-9846 nn KIMBERLEY DRISCOLL 2001 MAY -b A 1V' 3q MAYOR CITY CLcftK. Si1r 1, MASS. May 4, 2009 Decision City of Salem Zoning Board of Appeals Petition of PAUL FERRAGAMO, seeking variances from minimum lot area, minimum lot width, and minimum depth of front yard to allow for a proposed subdivision for twelve (12) single-family homes at 405-427 HIGHLAND AVENUE, Salem, MA (RI zoning district). A public hearing on the above Petition was opened on February 18, 2009 pursuant to Mass General Law Ch. 40A, §§ 11. The meeting was closed on April 15, 2009 with the following Zoning Board of Appeals members present: Rebecca Curran, Annie Harris, Richard Dionne, and Jimmy Tsitsinos (alternate). Petitioner seeks variances pursuant to the Salem Zoning Ordinance, §64, Table I: Residential Density Regulations. Statements of fact: 1. Attorney George Atkins presented the petition on behalf of the petitioner, who owns the property. 2. In a petition dated January 26, 2009, the applicant requested variances from minimum area and minimum front yard depth required by the zoning ordinance; seven of the lots had less than the minimum lot width required. Relief is requested as a prerequisite to a petition to the Planning Board to subdivide the property into twelve single-family house lots. 3. The property, the site of a single-family home, currently has the address of 419 Highland Avenue. 405-427 Highland Avenue is the applicant's proposed street numbering after subdivision. 4. A public hearing on the above mentioned Petition was opened on February 18, 2009 pursuant to Mass General Law Ch. 40A, §§ 11. Following the hearing on February 18, 2009, an amended petition was submitted. The public hearing was continued to March 18, 2009 and April 15, 2009. The public hearing was closed on April 15, 2009 with the following Zoning Board of Appeals members present: Rebecca Curran, Annie Harris, Jimmy Tsitsinos (alternate) and Richard Dionne. 2 5. Opposition to the project and the relief sought was voiced by several members of the public; concerns included density, traffic congestion,property values and drainage. Members of the Board also expressed concern about density and about the proximity of one of the proposed houses to the abutter's property at 403 Highland Ave. 6. Following comment from the public hearing on February 18, 2009, the applicant submitted a revised plan on March 10, 2009 showing eleven(11) houses instead of the originally proposed twelve (12), and with a landscaped buffer area between 403 Highland Avenue and the proposed house closest to that property. The applicant appeared before the Board again on April 15, 2009 and presented the revised application. 7. At its meeting on April 15, 2009, the Board of Appeal voted four(4) in favor and none (0) opposed to grant Variances to allow from dimensional requirements to allow for the redevelopment of the site as proposed in the revised plan titled"Site Plan Layout Geometry at 4405-427 Highland Ave., Salem, Massachusetts," dated January 14, 2009 and revised March 2, 2009, by Patrowicz Land Development Engineering. 8. At the hearing, Board members noted that the applicant had made the changes the Board requested. Board members also commented that the design, which allowed the new driveways to front onto a new street rather than onto Highland Avenue, was better solution for the City in terms of safety and traffic management, and also noted that such a design would be more costly than building a smaller number of homes on lots that did not require dimensional relief because of the expense of building a street. Difficulties in the developing the property given the amount of ledge present were also noted. The Board of Appeal, 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: 1. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the zoning ordinance. 2. The applicant may vary the terms of the Residential One-Family District to construct the proposed development, which is consistent with the intent and purpose of the City of Salem Zoning Ordinance. 3. In permitting such change, the Board of Appeals requires certain appropriate conditions and safeguards as noted below. On the basis of the above findings of fact and all evidence presented at the public hearing including, but not limited to, the Plans, Documents and testimony, the Zoning Board of Appeals concludes: 3 1. To allow for the redevelopment of the site as proposed, the requested Variances from dimensional requirements are granted. In consideration of the above, the Salem Board of Appeals voted, four(4) in favor (Curran, Harris, Tsitsinos and Dionne) and none (0) opposed, to grant petitioner's requests for a variance and special permit 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, subject to any minor changes required by the Salem Historical Commission. 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. A Certificate of Occupancy is to be obtained. 6. A Certificate of Inspection is to be obtained. 7. Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall display said numbers so as to be visible from the street. 8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including,but not limited to the Planning Board. 'Richard Dionne 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 has been filed with the Essex South Registry of Deeds. Dear Sir/Madam: We will not be in attendance for the Zoning Board of Appeals Meeting on Wednesday, February 18, 2009 and would like our concerns to be addressed regarding the properties located at 405-427 Highland Avenue. We understand Mr. Ferragamo's intentions and motives for this parcel of land. We oppose the construction of 12 single family homes. We purchased our home less than four years ago. We knew that behind our residence there are four vacant parcels of land and Mr. Faragamo resided in the fifth parcel. We were in attendance when Mr. Ferragamo tried to place 27 condos on that property and was denied. At the time I believe the neighborhood was very vocal in expressing our concerns regarding that if we had to play by the rules set by the Zoning Board, he should also have to play by the same set of rules. Mr. Ferragamo has once again brought forth a concept for this property. Once again, he is in front of the Zoning Board of Appeals. The number of homes is smaller but his intentions are selfish. We live on a side street that needs pavement and has for years. We don't have sidewalks. We don't request a police presence. We barely tax the city services or ask for attention. We clear the streets via snow blower and a neighbor with a plow instead of calling the DPW. We would like the integrity of the neighborhood to be respected by the Zoning Board of Appeals on this matter. The demographics of Barnes Circle contain 6 preschool children; 7 Elementary School kids; 4 Jr High kids and 5 High School students. It is a true American working class neighborhood. One thing we do not have in this neighborhood is a playground. We are located one mile from the "Adult Entertainment Zone" and 2 miles from the closest playground (Witchcraft Heights or Jackson Street). Mr. Ferragamo has the ability to change this with his parcel of land. I stand firm on the "5 parcels of land=5 houses platform." Though, if Mr. Ferragamo would give something back to this neighborhood that we could enjoy for the many years that we plan on staying here I may sway my opinion. Board members, thank you for all that you do for this city and thank you for hearing this matter. Once again, we apologize for not being able to attend the meeting. Respectfully, FEB 0 s 2009 iJEP . Gr 1=L�iNi�!PIG& Wayne and Katie Silva 20 Barnes Circle • .,i Dear sir/madam: I do have a few questions regarding the current drawing regarding the parcel of land situated at 405-427 Highland Ave. 1. Why did the state already put up traffic lights facing my backyard? These lights do not face a street. 2. Who paid for those traffic lights and what is the rationale for constructing multiple lights that do not face a street? 3. Under this plan Mr. Ferragamo has the private road off set form the intersection with Old Village Road and Highland Ave. Why is this street not parallel with Olde Village Road? This intersection does not make sense. 4. Who would be responsible for paving, repaving and snow removal on this street? Would a neighborhood association be developed and be responsible for that? 5. Mr. Ferragamo's drawings show a border of trees in the rear of Lot fl1, 2, 3, 4 and 5. Is this a guarantee that the tree line will remain in tact? I would like to be assured that there be a buffer zone between this new development and my property. 6. 1 am sure this will come up at the meeting-- the size of the houses- square footage; height; length and width. Thank you, Wayne and Katie Silva 20 Barnes Circle (978) 884-6698