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�0ND1T CITY OF SALEM, MASSACHUSETTS
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BOARD OF APPEAL
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120 WASHINGTON ST FET SALEM,MASSACIIUSE,EPS 01970
TILF:978-619-5685 FAX:978-740-0404
KINIBFRLEY DRISCOLL
MAYOR
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August 28, 2012
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City of Salem Zoning Board of Appeals m
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Petition of GEORGE BALTOLIMAS requesting a Variance from Sec. 5.1, Off-Streetf arkinsof
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the Salem Zoning Ordinance, in order to exceed the total maximum allowed dri%&ay%&-Oth
of 20 feet on the property located at 18-20 MALL STREET (R-2 Zoning District).
A public hearing on the above Petition was opened on August 15, 2012 pursuant to Mass
General Law Ch. 40A, § 11. The hearing was closed on August 15, 2012 with the following
Zoning Board of Appeals members present: Rebecca Curran (Chair), Michael Duffy,Jamie
Metsch, and Bonnie Belair.
Petitioner seeks a Variance pursuant to Section 5.1 of the City of Salem Zoning Ordinances.
Statements of fact:
1. In a petition date-stamped July 24, 2012, petitioner requested a Variance from off-street
parking regulations in order to install a new curb cut, resulting in the property exceeding
the maximum total allowable driveway width of 20 feet.
2. Petitioner represented himself at the hearing.
3. At the hearing, the petitioner's wife,Janice Baltoumas, 18 Mall Street, spoke in favor of
the petition. A letter was also submitted in favor of the petition by Brenda Lau, 17 Mall
Street. No one opposed the petition at the hearing.
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 maybe granted without detriment to the public good and without
nullifying or substantially derogating from the intent or purpose of the zoning ordinance,
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since the proposed curb cut would not remove any on-street parking (the property is
located on the side of the street with no street parking).
2. Special conditions and circumstances exist affecting the parcel or building, which do not
generally affect other land or buildings in the same district. Owing to the grandfathered use
of a three-family house in the R-2 Zoning District, and to the situation of the building on the
lot, it would be difficult for the petitioner to provide sufficient off-street parking to tenants
without the additional proposed driveway width. Literal enforcement of the provisions of
this ordinance would involve substantial hardship, financial or otherwise, to the appellant.
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
voted four (4) in favor (Curran, Metsch, Belair, and Duffy) and none (0) opposed,to grant the
requested Variance. A Variance under Section 5.1 is granted to allow for the proposed curb cut
as proposed on the submitted plan.
The Board of Appeals voted to grant petitioner's request for a Special Permit and 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. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to,the Planning Board.
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Michael Duffy, Member
Salem 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
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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.
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ZONING BOARD OF APPEALS
PETMON FORM
A� CITY OF SALEM,MASSACHUSETTS
v �s ZONING BOARD OF APPEALS
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�n a `' im`•, 120 WASHINGTON STRF_.ET,3RD FLOOR E 911 JUL 24 A 0 4A
SALEM,MASSACHUSETTS 01970
Thomas St.Pierre,Director of Inspectional Services FILE 0
t.978-619-5641/£978-740-9846 CITY LE K, SALEM,MASS:
Danielle McKnight,Staff Planner
1.978-619-5685/£978-740-0404
TO THE BOARD OF APPEALS:
The Undersigned represent that he/she is/are the owners of a certain parcel of land located at:
Address:It?- 1D MALL STR&Z--r Zoning District: le,- a,
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:
1 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. op
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For this reason I am requesting:
( )
Variance(s)from provisions of Section J. J of the Zoning Ordinance,specifically from
S AAl -r Abi& 1-4-- vol (i.e. minimum depth of rear yard).
What is allowed is (ft?sq ft?stories? %?), and what I
am proposing is (ft?sq ft?stories?%?).
( )A Special Permit under Section of the Zoning Ordinance in order to
( )Appeal of the Decision of the Building Inspector(described below):
The Current Use of the Property Is: Are the lot dimensions included on the plan?
(example: Two Family Home) Pre_ PAO ����w ( )Yes ( )No n/a because
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.
ZONING BOARD OF APPEALS
PET MON 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.
( )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 Art.V,
§5-3. 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.
Previous 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: �L?'gG` Z A�ud.1 s Property Owner:
Address: aJ vtfAtc Address:
Um
ne: fl�� �'�I � �� � Telephone:
e Signature(Attached consent letter is also acceptable)
7) ;2-12—
Date
li^Date Date
If different from petitioner.
A TRUE Representative:
ATTEST
Address:
Telephone:
Signature
Date
DATE SUBMITTED TO
BOARD OF APPEALS:
CITY CLERK
This original application must be filed with the City Clerk.
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CITY OF SALEM, MASSACHUSETTS
• DEPARTmENC OF PUBLIC SERVICES
120 WASHINGTON STREET,4TH FLOOR
TEL. (978) 745-9595 Exr.5670
KIMBERLEY DRISCOLL FAX(978)745-0349
MAYOR
DAVID H. KNOWLTON,P.E.
CITY ENGINEER
CURB CUT APPLICATION
CURB CUTS ARE TO BE APPLIED FOR AND PERFORMED ONLY BE A
LICENSED DRAINLAYER IN THE CITY OF SALEM
CHECK IS TO BE MADE BY DRAINLAYER
DATE OF REQUEST: /7 - /Z CONTRACTOR: Kf 43 EXCA✓A-7774t C,
PROPERTY OWNER_ (�'r`bR 6 I3A c7-QU 114 5
LOCATION OF CURB CUT: IB ' 20 IyAu .S'T
LOOKING AT PROPERTY WHAT SIDE IS THE CUT TO BE DONE: LeFr S/D
LENGTH OF CUT: �6 j FEET
FEE PAYABLE TO THE CITY OF SALEM $100.00
FOR OFFICE USE ONLY
APPROVED BY: BUILDING DEPARTMENT
DATE:
APPROVED BY: DEPARTMENT OF PUBLIC SERVICES
DATE: - -
NOT APPROVED: DEPARTMENT:
EXPLANATION:
Please include 8 '/2 x II drawing of site work
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